[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3338 Reported in House (RH)]






                                                 Union Calendar No. 179
107th CONGRESS
  1st Session
                                H. R. 3338

                          [Report No. 107-298]

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 2001

Mr. Lewis of California, from the Committee on Appropriations, reported 
 the following bill; which was committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
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,

         DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

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

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$23,336,884,000.

                        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, 
$19,574,184,000.

                    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, $7,343,640,000.

                     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, 
$19,784,614,000.

                        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, 
$2,629,197,000.

                        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, $1,644,823,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Marine Corps platoon leaders class, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$466,800,000.

                      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, $1,055,160,000.

                     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, 
$4,004,335,000.

                  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, 
$1,777,654,000.

                                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, $21,021,944,000: 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, 
$26,628,075,000.

                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, 
$2,939,434,000.

                  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, $25,842,968,000: 
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, 
$12,122,590,000, 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, $1,500,000 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, $1,788,546,000.

                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, $2,029,866,000.

             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), $3,723,759,000.

             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, 
$3,972,161,000.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

    For expenses directly relating to Overseas Contingency Operations 
by United States military forces, $2,744,226,000, 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, $190,255,000, 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, $1,974,241,000, 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, $1,057,409,000, 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, 
$2,252,669,000, 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, $1,211,615,000, 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, 
$4,103,036,000, to remain available for obligation until September 30, 
2004.

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare parts, 
and accessories therefor; specialized equipment; expansion of public 
and private plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in public and 
private plants; reserve plant and Government and contractor-owned 
equipment layaway, $8,084,543,000, 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, $1,429,492,000, 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, $492,599,000, 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), $549,440,000;
            Virginia Class Submarine, $1,578,914,000;
            Virginia Class Submarine (AP), $684,288,000;
            CVN Refueling Overhauls, $1,175,124,000;
            CVN Refueling Overhauls (AP), $73,707,000;
            Submarine Refueling Overhauls, $382,265,000;
            Submarine Refueling Overhauls (AP), $77,750,000;
            DDG-51, $3,786,036,000;
            LPD-17 (AP), $286,330,000;
            ADC(X), $370,818,000;
            Outfitting, $297,230,000;
            LCAC SLEP, $46,091,000;
            Completion of Prior Year Ship Building Programs, 
        $680,000,000;
            Mine Hunter SWATH, $2,000,000;
            Yard Oilers, $6,000,000;
In all: $10,134,883,000, 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 35 passenger motor vehicles 
for replacement only; and the purchase of 2 vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $230,000 per 
vehicle; 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, $4,290,776,000, 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, $1,028,662,000, to remain available 
for obligation until September 30, 2004.

                    Aircraft Procurement, Air Force

    For construction, procurement, 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, $10,549,798,000, 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, 
$2,918,118,000, 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, $866,844,000, 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 3 
vehicles required for physical security of personnel, notwithstanding 
price limitations applicable to passenger vehicles but not to exceed 
$230,000 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, $7,856,671,000, 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, 
$1,387,283,000, to remain available for obligation until September 30, 
2004.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2078, 2091, 2092, and 2093), $50,000,000, to remain available 
until expended.

                  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, $501,485,000, 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, 
$131,176,000 shall be available only for the procurement of eight UH-60 
helicopters for the Army Reserve, and $226,909,000 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, 
$7,115,438,000, to remain available for obligation until September 30, 
2003.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, 
rehabilitation, lease, and operation of facilities and equipment, 
$10,896,307,000, 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, 
$14,884,058,000, 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, $6,949,098,000, to remain 
available for obligation until September 30, 2003.

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $245,355,000, 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, $1,524,986,000: 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, $412,708,000, to remain available until 
expended: Provided, That none of the funds provided in this paragraph 
shall be used to award a new contract that provides for the acquisition 
of any of the following major components unless such components are 
manufactured in the United States: auxiliary equipment, including 
pumps, for all shipboard services; propulsion system components (that 
is; engines, reduction gears, and propellers); shipboard cranes; and 
spreaders for shipboard cranes: Provided further, That the exercise of 
an option in a contract awarded through the obligation of previously 
appropriated funds shall not be considered to be the award of a new 
contract: Provided further, That the Secretary of the military 
department responsible for such procurement may waive the restrictions 
in the first proviso on a case-by-case basis by certifying in writing 
to the Committees on Appropriations of the House of Representatives and 
the Senate that adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis and that such an 
acquisition must be made in order to acquire capability for national 
security purposes.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$18,277,403,000, of which $17,574,750,000 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 $434,738,000, to remain available for obligation until September 
30, 2003, shall be for Research, development, test and evaluation, and 
of which $20,000,000 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, $1,093,057,000, of which $728,520,000 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 $200,379,000 shall be for Research, 
development, test and evaluation to remain available until September 
30, 2003: Provided, That of the funds available under this heading, 
$1,000,000 shall be available until expended each year only for a 
Johnston Atoll off-island leave program: Provided further, That the 
Secretaries concerned shall, pursuant to uniform regulations, prescribe 
travel and transportation allowances for travel by participants in the 
off-island leave program.

         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, $827,381,000: 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, $144,929,000, 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, 
$34,100,000 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, $25,000,000, to 
remain available until expended.

                 National Security Education Trust Fund

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

                               TITLE VIII

                           GENERAL PROVISIONS

    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 
$2,500,000,000 of working capital funds of the Department of Defense or 
funds made available in this Act to the Department of Defense for 
military functions (except military construction) between such 
appropriations or funds or any subdivision thereof, to be merged with 
and to be available for the same purposes, and for the same time 
period, as the appropriation or fund to which transferred: Provided, 
That such authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than those 
for which originally appropriated and in no case where the item for 
which funds are requested has been denied by the Congress: Provided 
further, That the Secretary of Defense shall notify the Congress 
promptly of all transfers made pursuant to this authority or any other 
authority in this Act: Provided further, That no part of the funds in 
this Act shall be available to prepare or present a request to the 
Committees on Appropriations for reprogramming of funds, unless for 
higher priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where the item 
for which reprogramming is requested has been denied by the Congress.

                          (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 a C-17 
multiyear procurement contract.
    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 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, 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. None of the funds appropriated or made available in this 
Act shall be used to reduce or disestablish the operation of the 53rd 
Weather Reconnaissance Squadron of the Air Force Reserve, if such 
action would reduce the WC-130 Weather Reconnaissance mission below the 
levels funded in this Act.
    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 
$21,417,000 shall be available for the Civil Air Patrol Corporation, of 
which $19,417,000 shall be available for Civil Air Patrol Corporation 
operation and maintenance to support readiness activities which 
includes $2,000,000 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 
6,477 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.
    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: Provided, That none of the funds made available 
for expenditure under this section may be transferred or obligated 
until 30 days after the Secretary of Defense submits a report which 
details the balance available in the Overseas Military Facility 
Investment Recovery Account, all projected income into the account 
during fiscal years 2002 and 2003, and the specific expenditures to be 
made using funds transferred from this account during fiscal year 2002.
    Sec. 8042. Of the funds appropriated or otherwise made available by 
this Act, not more than $119,200,000 shall be available for payment of 
the operating costs of NATO Headquarters: Provided, That the Secretary 
of Defense may waive this section for Department of Defense support 
provided to NATO forces in and around the former Yugoslavia.
    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 (regional 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 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).
    Sec. 8049. None of the funds appropriated in this Act may be used 
to fill the commander's position at any military medical facility with 
a health care professional unless the prospective candidate can 
demonstrate professional administrative skills.
    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. 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) during fiscal 
year 2002 until the enactment of the Intelligence Authorization Act for 
Fiscal Year 2002.
    Sec. 8054. Notwithstanding section 303 of Public Law 96-487 or any 
other provision of law, the Secretary of the Navy is authorized to 
lease real and personal property at Naval Air Facility, Adak, Alaska, 
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other 
purposes: Provided, That notwithstanding any other provision of law, 
the Secretary of the Navy may remove hazardous materials from 
facilities, buildings, and structures at Adak, Alaska, and may demolish 
or otherwise dispose of such facilities, buildings, and structures.

                             (rescissions)

    Sec. 8055. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded 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'', $16,300,000;
            ``Aircraft Procurement, Air Force, 2000/2002'', $8,500,000;
            ``Other Procurement, Air Force, 2000/2002'', $20,000,000;
            ``Former Soviet Union Threat Reduction, 2001/2003'', 
        $32,000,000;
            ``Aircraft Procurement, Army, 2001/2003'', $22,000,000;
            ``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'', $35,000,000;
            ``Other Procurement, Navy, 2001/2003'', $14,600,000;
            ``Procurement, Marine Corps, 2001/2003'', $1,000,000;
            ``Aircraft Procurement, Air Force, 2001/2003'', 
        $19,300,000;
            ``Procurement of Ammunition, Air Force, 2001/2003'', 
        $5,800,000;
            ``Other Procurement, Air Force, 2001/2003'', $16,800,000;
            ``Research, Development, Test and Evaluation, Army, 2001/
        2002'', $16,300,000;
            ``Research, Development, Test and Evaluation, Navy, 2001/
        2002'', $58,800,000;
            ``Research, Development, Test and Evaluation, Air Force, 
        2001/2002'', $74,433,000; and
            ``Defense Health Program, 2001/2002'', $4,000,000.
    Sec. 8056. None of the funds available in this Act may be used to 
reduce the authorized positions for military (civilian) technicians of 
the Army National Guard, the Air National Guard, Army Reserve and Air 
Force Reserve for the purpose of applying any administratively imposed 
civilian personnel ceiling, freeze, or reduction on military (civilian) 
technicians, unless such reductions are a direct result of a reduction 
in military force structure.
    Sec. 8057. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for assistance to 
the Democratic People's Republic of North Korea unless specifically 
appropriated for that purpose.
    Sec. 8058. During the current fiscal year, funds appropriated in 
this Act are available to compensate members of the National Guard for 
duty performed pursuant to a plan submitted by a Governor of a State 
and approved by the Secretary of Defense under section 112 of title 32, 
United States Code: Provided, That during the performance of such duty, 
the members of the National Guard shall be under State command and 
control: Provided further, That such duty shall be treated as full-time 
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of 
title 10, United States Code.
    Sec. 8059. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and Defense 
Agencies shall be available for reimbursement of pay, allowances and 
other expenses which would otherwise be incurred against appropriations 
for the National Guard and Reserve when members of the National Guard 
and Reserve provide intelligence or counterintelligence support to 
Combatant Commands, Defense Agencies and Joint Intelligence Activities, 
including the activities and programs included within the National 
Foreign Intelligence Program (NFIP), the Joint Military Intelligence 
Program (JMIP), and the Tactical Intelligence and Related Activities 
(TIARA) aggregate: Provided, That nothing in this section authorizes 
deviation from established Reserve and National Guard personnel and 
training procedures.
    Sec. 8060. 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. 8061. (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. 8062. (a) None of the funds available to the Department of 
Defense for any fiscal year for drug interdiction or counter-drug 
activities may be transferred to any other department or agency of the 
United States except as specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence Agency 
for any fiscal year for drug interdiction and counter-drug activities 
may be transferred to any other department or agency of the United 
States except as specifically provided in an appropriations law.

                          (transfer of funds)

    Sec. 8063. Appropriations available in this Act under the heading 
``Operation and Maintenance, Defense-Wide'' for increasing energy and 
water efficiency in Federal buildings may, during their period of 
availability, be transferred to other appropriations or funds of the 
Department of Defense for projects related to increasing energy and 
water efficiency, to be merged with and to be available for the same 
general purposes, and for the same time period, as the appropriation or 
fund to which transferred.
    Sec. 8064. None of the funds 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. 8065. Notwithstanding any other provision of law, funds 
available to the Department of Defense shall be made available to 
provide transportation of medical supplies and equipment, on a 
nonreimbursable basis, to American Samoa, and funds available to the 
Department of Defense shall be made available to provide transportation 
of medical supplies and equipment, on a nonreimbursable basis, to the 
Indian Health Service when it is in conjunction with a civil-military 
project.
    Sec. 8066. None of the funds in this Act may be used to purchase 
any supercomputer which is not manufactured in the United States, 
unless the Secretary of Defense certifies to the congressional defense 
committees that such an acquisition must be made in order to acquire 
capability for national security purposes that is not available from 
United States manufacturers.
    Sec. 8067. Notwithstanding any other provision of law, the Naval 
shipyards of the United States shall be eligible to participate in any 
manufacturing extension program financed by funds appropriated in this 
or any other Act.
    Sec. 8068. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the current fiscal 
year for construction or service performed in whole or in part in a 
State (as defined in section 381(d) of title 10, United States Code) 
which is not contiguous with another State and has an unemployment rate 
in excess of the national average rate of unemployment as determined by 
the Secretary of Labor, shall include a provision requiring the 
contractor to employ, for the purpose of performing that portion of the 
contract in such State that is not contiguous with another State, 
individuals who are residents of such State and who, in the case of any 
craft or trade, possess or would be able to acquire promptly the 
necessary skills: Provided, That the Secretary of Defense may waive the 
requirements of this section, on a case-by-case basis, in the interest 
of national security.
    Sec. 8069. 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. 8070. (a) Limitation on Transfer of Defense Articles and 
Services.--Notwithstanding any other provision of law, none of the 
funds available to the Department of Defense for the current fiscal 
year may be obligated or expended to transfer to another nation or an 
international organization any defense articles or services (other than 
intelligence services) for use in the activities described in 
subsection (b) unless the congressional defense committees, the 
Committee on International Relations of the House of Representatives, 
and the Committee on Foreign Relations of the Senate are notified 15 
days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-enforcement 
        operation under the authority of chapter VI or chapter VII of 
        the United Nations Charter under the authority of a United 
        Nations Security Council resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall include 
the following:
            (1) A description of the equipment, supplies, or services 
        to be transferred.
            (2) A statement of the value of the equipment, supplies, or 
        services to be transferred.
            (3) In the case of a proposed transfer of equipment or 
        supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed Forces 
                (including the reserve components) for the type of 
                equipment or supplies to be transferred have been met; 
                and
                    (B) a statement of whether the items proposed to be 
                transferred will have to be replaced and, if so, how 
                the President proposes to provide funds for such 
                replacement.
    (d) National Emergency of September 11, 2001.--The 15-day prior 
notification period cited in subsection (a) shall not apply to any 
covered activity, operation or operations initiated as a result of the 
national emergency proclaimed by the President as a result of the 
terrorist attacks of September 11, 2001. For fiscal year 2002, the 
Department of Defense shall provide quarterly reports, in both 
unclassified and classified form, to the congressional defense 
committees, the Committee on International Relations of the House of 
Representatives and the Committee on Foreign Relations of the Senate, 
of any transfers during the preceding quarter resulting from any 
covered activities, operation or operations exempted from the 15-day 
prior notification period by this subsection.
    Sec. 8071. To the extent authorized by subchapter VI of chapter 148 
of title 10, United States Code, the Secretary of Defense may issue 
loan guarantees in support of United States defense exports not 
otherwise provided for: Provided, That the total contingent liability 
of the United States for guarantees issued under the authority of this 
section may not exceed $15,000,000,000: Provided further, That the 
exposure fees charged and collected by the Secretary for each guarantee 
shall be paid by the country involved and may be financed as part of a 
loan guaranteed by the United States, provided that the exposure fee 
with respect to such loan guarantee be fixed in an amount that is 
sufficient to meet the potential liabilities of the United States under 
the loan guarantee: Provided further, That the Secretary shall provide 
quarterly reports to the Committees on Appropriations, Armed Services, 
and Foreign Relations of the Senate and the Committees on 
Appropriations, Armed Services, and International Relations in the 
House of Representatives on the implementation of this program: 
Provided further, That amounts charged for administrative fees and 
deposited to the special account provided for under section 2540c(d) of 
title 10, shall be available for paying the costs of administrative 
expenses of the Department of Defense that are attributable to the loan 
guarantee program under subchapter VI of chapter 148 of title 10, 
United States Code.
    Sec. 8072. None of the funds available to the Department of Defense 
under this Act shall be obligated or expended to pay a contractor under 
a contract with the Department of Defense for costs of any amount paid 
by the contractor to an employee when--
            (1) such costs are for a bonus or otherwise in excess of 
        the normal salary paid by the contractor to the employee; and
            (2) such bonus is part of restructuring costs associated 
        with a business combination.
    Sec. 8073. (a) None of the funds appropriated or otherwise made 
available in this Act may be used to transport or provide for the 
transportation of chemical munitions or agents to the Johnston Atoll 
for the purpose of storing or demilitarizing such munitions or agents.
    (b) The prohibition in subsection (a) shall not apply to any 
obsolete World War II chemical munition or agent of the United States 
found in the World War II Pacific Theater of Operations.
    (c) The President may suspend the application of subsection (a) 
during a period of war in which the United States is a party.
    Sec. 8074. None of the funds provided in title IX of this Act for 
``Former Soviet Union Threat Reduction'' may be obligated or expended 
to finance housing for any individual who was a member of the military 
forces of the Soviet Union or for any individual who is or was a member 
of the military forces of the Russian Federation.

                     (including transfer of funds)

    Sec. 8075. During the current fiscal year, no more than $30,000,000 
of appropriations made in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' may be transferred to appropriations 
available for the pay of military personnel, to be merged with, and to 
be available for the same time period as the appropriations to which 
transferred, to be used in support of such personnel in connection with 
support and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, United 
States Code.
    Sec. 8076. For purposes of section 1553(b) of title 31, United 
States Code, any subdivision of appropriations made in this Act under 
the heading ``Shipbuilding and Conversion, Navy'' shall be considered 
to be for the same purpose as any subdivision under the heading 
``Shipbuilding and Conversion, Navy'' appropriations in any prior year, 
and the 1 percent limitation shall apply to the total amount of the 
appropriation.
    Sec. 8077. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under 
the provisions of section 1552 of title 31, United States Code, and 
which has a negative unliquidated or unexpended balance, an obligation 
or an adjustment of an obligation may be charged to any current 
appropriation account for the same purpose as the expired or closed 
account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is 
        not chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review or 
        investigation discloses that there was not in fact a negative 
        unliquidated or unexpended balance in the account, any charge 
        to a current account under the authority of this section shall 
        be reversed and recorded against the expired account: Provided 
        further, That the total amount charged to a current 
        appropriation under this section may not exceed an amount equal 
        to 1 percent of the total appropriation for that account.
    Sec. 8078. Funds appropriated in title II of this Act and for the 
Defense Health Program in title VI of this Act for supervision and 
administration costs for facilities maintenance and repair, minor 
construction, or design projects may be obligated at the time the 
reimbursable order is accepted by the performing activity: Provided, 
That for the purpose of this section, supervision and administration 
costs includes all in-house Government cost.
    Sec. 8079. During the current fiscal year, the Secretary of Defense 
may waive reimbursement of the cost of conferences, seminars, courses 
of instruction, or similar educational activities of the Asia-Pacific 
Center for Security Studies for military officers and civilian 
officials of foreign nations if the Secretary determines that 
attendance by such personnel, without reimbursement, is in the national 
security interest of the United States: Provided, That costs for which 
reimbursement is waived pursuant to this section shall be paid from 
appropriations available for the Asia-Pacific Center.
    Sec. 8080. (a) Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau may permit the use of equipment of 
the National Guard Distance Learning Project by any person or entity on 
a space-available, reimbursable basis. The Chief of the National Guard 
Bureau shall establish the amount of reimbursement for such use on a 
case-by-case basis.
    (b) Amounts collected under subsection (a) shall be credited to 
funds available for the National Guard Distance Learning Project and be 
available to defray the costs associated with the use of equipment of 
the project under that subsection. Such funds shall be available for 
such purposes without fiscal year limitation.
    Sec. 8081. Using funds available by this Act or any other Act, the 
Secretary of the Air Force, pursuant to a determination under section 
2690 of title 10, United States Code, may implement cost-effective 
agreements for required heating facility modernization in the 
Kaiserslautern Military Community in the Federal Republic of Germany: 
Provided, That in the City of Kaiserslautern such agreements will 
include the use of United States anthracite as the base load energy for 
municipal district heat to the United States Defense installations: 
Provided further, That at Landstuhl Army Regional Medical Center and 
Ramstein Air Base, furnished heat may be obtained from private, 
regional or municipal services, if provisions are included for the 
consideration of United States coal as an energy source.
    Sec. 8082. Notwithstanding 31 U.S.C. 3902, during the current 
fiscal year, interest penalties may be paid by the Department of 
Defense from funds financing the operation of the military department 
or defense agency with which the invoice or contract payment is 
associated.
    Sec. 8083. None of the funds appropriated in title IV of this Act 
may be used to procure end-items for delivery to military forces for 
operational training, operational use or inventory requirements: 
Provided, That this restriction does not apply to end-items used in 
development, prototyping, and test activities preceding and leading to 
acceptance for operational use: Provided further, That this restriction 
does not apply to programs funded within the National Foreign 
Intelligence Program: Provided further, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that it is in the national security 
interest to do so.
    Sec. 8084. The amount appropriated in this Act for ``Operation and 
Maintenance, Navy'', is hereby reduced by $245,000,000 to reflect a 
Navy Working Capital Fund cash balance and rate stabilization 
adjustment.
    Sec. 8085. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by 
$527,000,000, to reflect working capital fund fuel price re-estimates 
and rate stabilization adjustments, to be derived as follows:
            ``Operation and Maintenance, Army'', $35,000,000;
            ``Operation and Maintenance, Navy'', $230,000,000;
            ``Operation and Maintenance, Marine Corps'', $6,000,000;
            ``Operation and Maintenance, Air Force'', $247,000,000; and
            ``Operation and Maintenance, Defense-Wide'', $9,000,000.
    Sec. 8086. None of the funds made available in this Act may be used 
to approve or license the sale of the F-22 advanced tactical fighter to 
any foreign government.
    Sec. 8087. (a) The Secretary of Defense may, on a case-by-case 
basis, waive with respect to a foreign country each limitation on the 
procurement of defense items from foreign sources provided in law if 
the Secretary determines that the application of the limitation with 
respect to that country would invalidate cooperative programs entered 
into between the Department of Defense and the foreign country, or 
would invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, United 
States Code, and the country does not discriminate against the same or 
similar defense items produced in the United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or after the 
        date of the enactment of this Act; and
            (2) options for the procurement of items that are exercised 
        after such date under contracts that are entered into before 
        such date if the option prices are adjusted for any reason 
        other than the application of a waiver granted under subsection 
        (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, and 
clothing or textile materials as defined by section 11 (chapters 50-65) 
of the Harmonized Tariff Schedule and products classified under 
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 
8109, 8211, 8215, and 9404.
    Sec. 8088. Funds made available to the Civil Air Patrol in this Act 
under the heading ``Drug Interdiction and Counter-Drug Activities, 
Defense'' may be used for the Civil Air Patrol Corporation's 
counterdrug program, including its demand reduction program involving 
youth programs, as well as operational and training drug reconnaissance 
missions for Federal, State, and local government agencies; for 
administrative costs, including the hiring of Civil Air Patrol 
Corporation employees; for travel and per diem expenses of Civil Air 
Patrol Corporation personnel in support of those missions; and for 
equipment needed for mission support or performance: Provided, That the 
Department of the Air Force should waive reimbursement from the 
Federal, State, and local government agencies for the use of these 
funds.
    Sec. 8089. Notwithstanding any other provision of law, the TRICARE 
managed care support contracts in effect, or in final stages of 
acquisition as of September 30, 2000, may be extended for 2 years: 
Provided, That any such extension may only take place if the Secretary 
of Defense determines that it is in the best interest of the 
Government: Provided further, That any contract extension shall be 
based on the price in the final best and final offer for the last year 
of the existing contract as adjusted for inflation and other factors 
mutually agreed to by the contractor and the Government: Provided 
further, That notwithstanding any other provision of law, all future 
TRICARE managed care support contracts replacing contracts in effect, 
or in the final stages of acquisition as of September 30, 2001, may 
include a base contract period for transition and up to seven 1-year 
option periods.
    Sec. 8090. None of the funds in this Act may be used to compensate 
an employee of the Department of Defense who initiates a new start 
program without notification to the Office of the Secretary of Defense, 
the Office of Management and Budget, and the congressional defense 
committees, as required by Department of Defense financial management 
regulations.
    Sec. 8091. (a) Prohibition.--None of the funds made available by 
this Act may be used to support any training program involving a unit 
of the security forces of a foreign country if the Secretary of Defense 
has received credible information from the Department of State that the 
unit has committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation with the 
Secretary of State, shall ensure that prior to a decision to conduct 
any training program referred to in subsection (a), full consideration 
is given to all credible information available to the Department of 
State relating to human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation with the 
Secretary of State, may waive the prohibition in subsection (a) if he 
determines that such waiver is required by extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of any waiver 
under subsection (c), the Secretary of Defense shall submit a report to 
the congressional defense committees describing the extraordinary 
circumstances, the purpose and duration of the training program, the 
United States forces and the foreign security forces involved in the 
training program, and the information relating to human rights 
violations that necessitates the waiver.
    Sec. 8092. The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental equipment of the Department of Defense, at no 
cost to the Department of Defense, to Indian health service facilities 
and to federally-qualified health centers (within the meaning of 
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
1396d(l)(2)(B))).
    Sec. 8093. The total amount appropriated in this Act is hereby 
reduced by $200,000,000 to reflect savings from favorable foreign 
currency fluctuations, to be derived as follows:
            ``Military Personnel, Army'', $30,800,000;
            ``Military Personnel, Navy'', $600,000;
            ``Military Personnel, Marine Corps'', $7,800,000;
            ``Military Personnel, Air Force'', $15,400,000;
            ``Reserve Personnel, Air Force'', $8,400,000;
            ``National Guard Personnel, Army'', $2,200,000;
            ``Operation and Maintenance, Army'', $68,600,000;
            ``Operation and Maintenance, Navy'', $14,400,000;
            ``Operation and Maintenance, Marine Corps'', $1,000,000;
            ``Operation and Maintenance, Air Force'', $26,400,000;
            ``Operation and Maintenance, Defense-Wide'', $23,000,000; 
        and
            ``Operation and Maintenance, Air Force Reserve'', 
        $1,400,000.
    Sec. 8094. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire 
capability for national security purposes or there exists a significant 
cost or quality difference.
    Sec. 8095. 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. 8096. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations Acts 
may be obligated or expended for the purpose of performing repairs or 
maintenance to military family housing units of the Department of 
Defense, including areas in such military family housing units that may 
be used for the purpose of conducting official Department of Defense 
business.
    Sec. 8097. Notwithstanding any other provision of law, funds 
appropriated in this Act under the heading ``Research, Development, 
Test and Evaluation, Defense-Wide'' for any advanced concept technology 
demonstration project may only be obligated 30 days after a report, 
including a description of the project and its estimated annual and 
total cost, has been provided in writing to the congressional defense 
committees: Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying to the congressional 
defense committees that it is in the national interest to do so.
    Sec. 8098. Notwithstanding any other provision 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. 8099. (a) During the current fiscal year, any refund described 
in subsection (b) may be credited to the operation and maintenance 
account of the Department of Defense that is current when the refund is 
received and that is available for the same purposes as the account 
originally charged.
    (b) Subsection (a) applies to the following:
            (1) Any refund attributable to the use of a Government 
        travel card by a member of the Armed Forces or a civilian 
        employee of the Department of Defense.
            (2) Any refund attributable to the use of a Government 
        Purchase card by a member of the Armed Forces or a civilian 
        employee of the Department of Defense.
            (3) Any refund attributable to official Government travel 
        by a member of the Armed Forces or a civilian employee of the 
        Department of Defense that is arranged by a Government 
        Contracted Travel Management Center.
    Sec. 8100. (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. 8101. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support 
to another department or agency of the United States if such department 
or agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable 
basis, and is providing the requested support pursuant to such 
authority: Provided further, That the Secretary of Defense may waive 
this restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of Representatives and 
the Senate that it is in the national security interest to do so.
    Sec. 8102. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the 
Department of Defense that has a center-fire cartridge and a United 
States military nomenclature designation of ``armor penetrator'', 
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or 
``armor-piercing incendiary-tracer (API-T)'', except to an entity 
performing demilitarization services for the Department of Defense 
under a contract that requires the entity to demonstrate to the 
satisfaction of the Department of Defense that armor piercing 
projectiles are either: (1) rendered incapable of reuse by the 
demilitarization process; or (2) used to manufacture ammunition 
pursuant to a contract with the Department of Defense or the 
manufacture of ammunition for export pursuant to a License for 
Permanent Export of Unclassified Military Articles issued by the 
Department of State.
    Sec. 8103. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under 10 
U.S.C. 2667, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 32 U.S.C. 
508(d), or any other youth, social, or fraternal non-profit 
organization as may be approved by the Chief of the National Guard 
Bureau, or his designee, on a case-by-case basis.
    Sec. 8104. None of the funds appropriated by this Act shall be used 
for the support of any nonappropriated funds activity of the Department 
of Defense that procures malt beverages and wine with nonappropriated 
funds for resale (including such alcoholic beverages sold by the drink) 
on a military installation located in the United States unless such 
malt beverages and wine are procured within that State, or in the case 
of the District of Columbia, within the District of Columbia, in which 
the military installation is located: Provided, That in a case in which 
the military installation is located in more than one State, purchases 
may be made in any State in which the installation is located: Provided 
further, That such local procurement requirements for malt beverages 
and wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another State: 
Provided further, That alcoholic beverages other than wine and malt 
beverages, in contiguous States and the District of Columbia shall be 
procured from the most competitive source, price and other factors 
considered.
    Sec. 8105. During the current fiscal year, under regulations 
prescribed by the Secretary of Defense, the Center of Excellence for 
Disaster Management and Humanitarian Assistance may also pay, or 
authorize payment for, the expenses of providing or facilitating 
education and training for appropriate military and civilian personnel 
of foreign countries in disaster management, peace operations, and 
humanitarian assistance: Provided, That not later than April 1, 2002, 
the Secretary of Defense shall submit to the congressional defense 
committees a report regarding the training of foreign personnel 
conducted under this authority during the preceding fiscal year for 
which expenses were paid under the section: Provided further, That the 
report shall specify the countries in which the training was conducted, 
the type of training conducted, and the foreign personnel trained.
    Sec. 8106. (a) The Department of Defense is authorized to enter 
into agreements with the Veterans Administration and federally-funded 
health agencies providing services to Native Hawaiians for the purpose 
of establishing a partnership similar to the Alaska Federal Health Care 
Partnership, in order to maximize Federal resources in the provision of 
health care services by federally-funded health agencies, applying 
telemedicine technologies. For the purpose of this partnership, Native 
Hawaiians shall have the same status as other Native Americans who are 
eligible for the health care services provided by the Indian Health 
Service.
    (b) The Department of Defense is authorized to develop a 
consultation policy, consistent with Executive Order No. 13084 (issued 
May 14, 1998), with Native Hawaiians for the purpose of assuring 
maximum Native Hawaiian participation in the direction and 
administration of governmental services so as to render those services 
more responsive to the needs of the Native Hawaiian community.
    (c) For purposes of this section, the term ``Native Hawaiian'' 
means any individual who is a descendant of the aboriginal people who, 
prior to 1778, occupied and exercised sovereignty in the area that now 
comprises the State of Hawaii.
    Sec. 8107. In addition to the amounts provided elsewhere in this 
Act, the amount of $10,000,000 is hereby appropriated for ``Operation 
and Maintenance, Defense-Wide'', to be available, notwithstanding any 
other provision of law, only for a grant to the United Service 
Organizations Incorporated, a federally chartered corporation under 
chapter 2201 of title 36, United States Code. The grant provided under 
authority of this section is in addition to any grant provided for 
under any other provision of law.
    Sec. 8108. Of the amounts appropriated in the Act under the 
heading, ``Research, Development, Test and Evaluation, Ballistic 
Missile Defense Organization'', $34,000,000 may 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 Defence of Israel 
for the Arrow Deployability Program.
    Sec. 8109. Funds available to the Department of Defense for the 
Global Positioning System during the current fiscal year may be used to 
fund civil requirements associated with the satellite and ground 
control segments of such system's modernization program.

                     (including transfer of funds)

    Sec. 8110. Of the amounts appropriated in this Act under the 
heading, ``Operation and Maintenance, Defense-Wide'', $115,000,000 
shall remain available until expended: Provided, That notwithstanding 
any other provision of law, the Secretary of Defense is authorized to 
transfer such funds to other activities of the Federal Government.
    Sec. 8111. The Ballistic Missile Defense Organization and its 
subordinate offices and associated contractors, including the Lead 
Systems Integrator, shall notify the congressional defense committees 
15 days prior to issuing any type of information or proposal 
solicitation for the Ground Based Midcourse Defense Segment with a 
potential annual contract value greater than $5,000,000 or a total 
contract value greater than $30,000,000.
    Sec. 8112. 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. 8113. The Secretary of Defense may treat the opening of the 
Pacific Wing of the National D-Day Museum in New Orleans, Louisiana, as 
an official event of the Department of Defense for the purposes of the 
provision of support for ceremonies and activities related to that 
opening.
    Sec. 8114. Section 8106 of the Department of Defense Appropriations 
Act, 1997 (titles I through VIII of the matter under subsection 101(b) 
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall 
continue in effect to apply to disbursements that are made by the 
Department of Defense in fiscal year 2002.
    Sec. 8115. In addition to amounts provided in this Act, $2,000,000 
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.

                     (including transfer of funds)

    Sec. 8116. In addition to the amounts appropriated elsewhere in 
this Act, $2,000,000, 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. 8117. The total amount appropriated in this Act is reduced by 
$955,000,000, for efficiencies in the contractor work force, to be 
derived as follows:
            ``Operation and Maintenance, Army'', $269,500,000;
            ``Operation and Maintenance, Navy'', $157,200,000;
            ``Operation and Maintenance, Marine Corps'', $23,900,000;
            ``Operation and Maintenance, Air Force'', $180,200,000;
            ``Operation and Maintenance, Defense-Wide'', $103,700,000;
            ``Operation and Maintenance, Army Reserve'', $23,200,000;
            ``Operation and Maintenance, Navy Reserve'', $3,300,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $31,200,000;
            ``Operation and Maintenance, Army National Guard'', 
        $53,600,000;
            ``Operation and Maintenance, Air National Guard'', 
        $52,500,000;
            ``Research, Development, Test and Evaluation, Army'', 
        $35,300,000;
            ``Research, Development, Test and Evaluation, Navy'', 
        $3,000,000;
            ``Research, Development, Test and Evaluation, Air Force'', 
        $15,700,000; and
            ``Research, Development, Test and Evaluation, Defense-
        Wide'', $2,700,000.
    Sec. 8118. 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. 8119. Notwithstanding any other provision of law, from funds 
appropriated in this or any other Act under the heading, ``Aircraft 
Procurement, Air Force'', that remain available for obligation, not to 
exceed $16,000,000 shall be available for recording, adjusting, and 
liquidating obligations for the C-17 aircraft properly chargeable to 
the fiscal year 1998 ``Aircraft Procurement, Air Force'' account: 
Provided, That the Secretary of the Air Force shall notify the 
congressional defense committees 30 days prior to obligation of all of 
the specific sources of funds to be used for such purpose.
    Sec. 8120. 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.

                     (including transfer of funds)

    Sec. 8121. Of the amounts appropriated in this Act under the 
heading, ``Shipbuilding and Conversion, Navy'', $680,000,000 shall be 
available until September 30, 2002, to fund prior year shipbuilding 
cost increases: Provided, That upon enactment of this Act, the 
Secretary of Defense 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 and for the same time period as the appropriations or fund to 
which transferred:
    To:
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1995/2002'': Carrier Replacement Program, $172,364,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1996/2002'': LPD-17 Amphibious Transport Dock Ship Program, 
        $172,989,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1997/2002'': DDG-51 Destroyer Program, $37,200,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1998/2002'':
                    NSSN Program, $123,561,000;
                    DDG-51 Destroyer Program, $111,457,000;
            Under the heading, ``Shipbuilding and Conversion, Navy, 
        1999/2002'': NSSN Program, $62,429,000.

                          (transfer of funds)

    Sec. 8122. Upon enactment of this Act, the Secretary of Defense 
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. 8123. 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. 8124. The Secretary of the Navy may settle, or compromise, and 
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of 
the collision involving the 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. 8125. 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. 8126. The total amount appropriated in this Act is hereby 
reduced by $230,000,000 to reflect fact-of-life changes in utilities 
costs, to be derived as follows:
            ``Operation and Maintenance, Army'', $75,900,000;
            ``Operation and Maintenance, Navy'', $17,100,000;
            ``Operation and Maintenance, Marine Corps'', $15,000,000;
            ``Operation and Maintenance, Air Force'', $60,100,000;
            ``Operation and Maintenance, Defense-Wide'', $9,800,000;
            ``Operation and Maintenance, Army Reserve'', $6,000,000;
            ``Operation and Maintenance, Navy Reserve'', $2,300,000;
            ``Operation and Maintenance, Marine Corps Reserve'', 
        $800,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $3,000,000;
            ``Operation and Maintenance, Army National Guard'', 
        $6,000,000;
            ``Operation and Maintenance, Air National Guard'', 
        $7,500,000;
            ``Drug Interdiction and Counter-Drug Activities, Defense'', 
        $800,000;
            ``Defense Working Capital Funds'', $14,400,000; and
            ``Defense Health Program'', $11,300,000.
    Sec. 8127. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act is hereby reduced by 
$797,919,000, to reduce excess funded carryover, to be derived as 
follows:
            ``Operation and Maintenance, Army'', $131,000,000;
            ``Operation and Maintenance, Navy'', $343,719,000;
            ``Operation and Maintenance, Marine Corps'', $25,000,000;
            ``Operation and Maintenance, Air Force'', $283,200,000;
            ``Operation and Maintenance, Defense-Wide'', $15,000,000;
    Sec. 8128. (a) Of the total amount appropriated for ``Operation and 
Maintenance, Air Force'', $2,500,000, 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 $2,500,000 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. 8129. None of the funds in this or any other Act may be used 
by the Secretary of the Interior to remove the five foot tall memorial 
cross originally erected in 1934 by the Veterans of Foreign Wars in 
honor of fallen World War I veterans and located within the boundary of 
the Mojave National Preserve in southern California along Cima Road 
approximately 11 miles south of Interstate 15.
    Sec. 8130. 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, Navy''. Such amount shall 
be used by the Secretary of the Navy only to make a grant in the amount 
of $6,000,000 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. 8131. In addition to the amounts provided elsewhere in this 
Act, the amount of $5,000,000 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 $5,000,000 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. 8132. 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. 8133. In addition to the amounts provided elsewhere in this 
Act, the amount of $5,000,000 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 $5,000,000 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. 8134. (a) In addition to amounts provided elsewhere in this 
Act, the amount of $10,000,000 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. 8135. (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. 8136. 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. 8137. None of the funds in this Act may be used to implement 
the establishment of an independent unmanned aerial vehicle joint 
operational test bed system and/or the transfer of two Predator UAVs, 
tactical control system (TCS) ground station and assorted equipment 
from the Navy to Joint Forces Command (JFCOM).
    Sec. 8138. The $100,000 limitation established by 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. 8139. The total amount appropriated in this Act for Operation 
and Maintenance is hereby reduced by $330,000,000, 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'', $122,100,000;
            ``Operation and Maintenance, Navy'', $95,700,000;
            ``Operation and Maintenance, Marine Corps'', $9,900,000;
            ``Operation and Maintenance, Air Force'', $79,200,000; and
            ``Operation and Maintenance, Defense-Wide'', $23,100,000.
    Sec. 8140. 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'' 
$5,000,000 shall be made available only for the purpose of conducting 
the assessment described in this section.
    Sec. 8141. (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. 8142. (a) Fort Irwin Military Land Withdrawal.--The provisions 
of title XXIX of H.R. 2586, as passed by the House of Representatives 
on September 25, 2001 (entitled the Fort Irwin Military Land Withdrawal 
Act of 2001), are hereby enacted into law.
    (b) Publication of Provisions Enacted by Reference.--In publishing 
this Act in slip form and in the United States Statutes at Large 
pursuant to section 112 of title 1, United States Code, the Archivist 
of the United States shall include after the date of approval an 
appendix setting forth the text of the provisions referred to in 
subsection (a).
    Sec. 8143. Notwithstanding any other provision in this Act, the 
total amount appropriated in this Act for the Pentagon Reservation 
Maintenance Revolving Fund, including standard real property operations 
is hereby reduced by $333,000,000, to be distributed as follows:
            ``Operation and Maintenance, Army'', $114,270,000;
            ``Operation and Maintenance, Navy'', $50,320,000;
            ``Operation and Maintenance, Air Force'', $62,180,000;
            ``Operation and Maintenance, Defense-Wide'', $102,120,000; 
        and
            ``Research, Development, Test and Evaluation, Ballistic 
        Missile Defense Organization'', $4,110,000.
    Sec. 8144. (a) Funding Reduction.--The amount appropriated in this 
Act for ``Operation and Maintenance, Army'' is hereby reduced by 
$37,200,000 to reflect efficiencies in Army acquisition management 
practices.
    (b) Limitations.--Effective six months after the date of enactment 
of this Act none of the funds made available by this Act may be used, 
directly or indirectly, for any of the following purposes:
            (1) To support the accomplishment of Army acquisition 
        systems management functions by military or civilian personnel 
        assigned to or employed by the Army Training and Doctrine 
        Command.
            (2) To accomplish Army acquisition system requirements 
        determination functions, or analysis of alternatives functions, 
        by military or civilian personnel assigned to or employed by 
        the Army Training and Doctrine Command.
            (3) To accomplish Army acquisition program management 
        functions by military or civilian personnel assigned to or 
        employed by the Army Material Command.
    (c) Civilian Personnel Reductions.--Pursuant to this section, the 
Secretary of the Army shall reduce the fiscal year end-strength number 
of civilian full-time equivalent employees performing Army acquisition 
functions by 3 percent of the baseline number for each fiscal year from 
fiscal year 2002 through fiscal year 2006. For purposes of the 
preceding sentence, the term ``baseline number'' means the number of 
civilian full-time equivalent employees performing Army acquisition 
functions as of the close of fiscal year 2001.
    (d) Reports.--(1) The Secretary of the Army shall include with the 
fiscal year 2003 budget justification materials for the Department of 
the Army information on--
            (A) how personnel reductions required by subsection (c) 
        will be accomplished and how Army acquisition system and 
        program management resources will be transferred to other Army 
        elements by reason of those reductions; and
            (B) any changes in Army policies to achieve compliance with 
        the limitations in subsection (b).
    (2) The Secretary shall include with the budget justification 
materials for the Department of the Army for each of fiscal years 2004 
through 2007 information on--
            (A) how personnel reductions required by subsection (c) 
        have been accomplished to the date of the report and will be 
        accomplished during the then-current fiscal year and 
        thereafter; and
            (B) how Army acquisition system and program management 
        resources have been transferred, as of the date of the report, 
        to other Army elements by reason of those reductions and how 
        such resources will be transferred during the then-current 
        fiscal year and thereafter to other Army elements by reason of 
        those reductions, and each subsequent annual budget request.
    Sec. 8145. (a) Non-Profit Army Venture Capital Corporation.--Of the 
funds made available for ``Research, Development, Test and Evaluation, 
Army'', $50,000,000 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, the following amounts: (1) 
Amounts made available to the Army for basic research and applied 
research, except for amounts for research projects designated as 
congressional special interest items; (2) Amounts made available to the 
Army for research, development, test and evaluation relating to the 
Future Combat System.
    Sec. 8146. Notwithstanding any other provision of law, in addition 
to amounts appropriated or otherwise made available in this Act, 
$10,000,000 is hereby appropriated to ``Operation and Maintenance, 
Defense-Wide'' only for facility improvements necessary to integrate 
the 910th Airlift Wing and related activities at the Youngstown-Warren 
Regional Airport into the military cargo network.
    Sec. 8147. Notwithstanding any other provision of law, in addition 
to amounts appropriated or otherwise made available in this Act, 
$10,000,000 is hereby appropriated to ``Operation and Maintenance, 
Defense-Wide'' only for facility improvements and equipment purchases 
necessary to augment the capabilities of local government emergency 
response units responsible for protection of the Pentagon Reservation 
to address emergency response deficiencies identified as a result of 
the attack on the Pentagon of September 11, 2001, and to provide 
additional capabilities to meet the terrorism threat: Provided, That 
the Secretary of Defense shall negotiate and establish an appropriate 
Federal share for facility improvements financed under this section 
prior to the expenditure of these funds.
    Sec. 8148. 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 28 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. 8149. (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. 8150. None of the funds appropriated in this Act may be used 
to prepare a budget request for submission to Congress by the 
Department of Defense for fiscal year 2003 that contains any proposal 
to acquire ships for the Department of the Navy through the use of 
incremental funding amounts or advanced appropriations. The limitation 
against incremental funding does not apply to the specific shipbuilding 
programs that were funded on an incremental basis in fiscal year 2001.
    Sec. 8151. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act, $20,000,000, to remain available until 
September 30, 2004, is hereby appropriated to ``Aircraft Procurement, 
Air Force'', only for the C-5 avionics modernization program.
    Sec. 8152. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act, $10,000,000, to remain available until 
September 30, 2003, is hereby appropriated to ``Research, Development, 
Test and Evaluation, Air Force'', only for the agile combat support 
(IMITS) program.
    Sec. 8153. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act, $6,000,000, to remain available until 
September 30, 2003, is hereby appropriated to ``Research, Development, 
Test and Evaluation, Army'', only for laser vision correction devices 
for the Walter Reed Army Medical Center.
    Sec. 8154. 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. 8155. Except as expressly provided otherwise, any reference in 
a provision of titles I through IX to ``this Act'' shall be treated as 
referring only to the provisions of this division.

                                TITLE IX

   COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

        Counter-Terrorism and Operational Response Transfer Fund

                     (including transfer of funds)

    For urgent enhancements to intelligence and military capabilities 
in order to prosecute Operation ENDURING FREEDOM; to discover, 
infiltrate, and deter terrorist groups; to protect 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 intelligence 
data or networks, and to accelerate improvements in information 
networks and operations, $1,670,000,000, to remain available until 
expended, of which $451,000,000 shall be made available to the Director 
of Central Intelligence, and of which $1,219,000,000 shall be made 
available to the Secretary of Defense: Provided, That of the amounts 
made available under this heading for the Department of Defense, 
$474,000,000 is available only for improving chemical and biological 
defense capabilities of the Department of Defense: Provided further, 
That of the amounts made available under this heading for the 
Department of Defense, $275,000,000 is available only for improving the 
effectiveness of Department of Defense and intelligence agency 
capabilities in the areas of information assurance, critical 
infrastructure protection, and information operations: 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 upon a determination that all or part of the funds 
transferred from this appropriation are excess for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That of the amounts provided under 
this heading, $10,000,000 shall be transferred to the Department of 
Justice, only for enhanced terrorism-related financial and money 
laundering investigation operations: Provided further, That 
notwithstanding any other provision of law, of the amounts provided 
under this heading, the Secretary of Defense is authorized to transfer 
$70,000,000 to other activities of the Federal Government: Provided 
further, That within 90 days of enactment of this Act, the Secretary of 
Defense and the Director of Central Intelligence shall each provide to 
the Congress a classified 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.

          Procurement, Ballistic Missile Defense Organization

                     (including transfer of funds)

    For expenses of the Ballistic Missile Defense Organization 
necessary for procurement, production, and modification of equipment, 
supplies, materials, and spare parts therefor, not otherwise provided 
for; 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, $794,557,000, to remain available 
for obligation until September 30, 2004: Provided, That funds provided 
under this heading may be used for procurement of critical parts for 
Patriot Advanced Capability-3 (PAC-3) missiles to support production of 
such missiles in future fiscal years.

 Research, Development, Test and Evaluation, Ballistic Missile Defense 
                              Organization

                         (including rescission)

    For expenses of the Ballistic Missile Defense Organization 
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, 
$7,053,721,000, to remain available for obligation until September 30, 
2003: Provided, That for funds provided under this heading 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 under that section): Provided further, That of the 
funds provided in the Department of Defense Appropriations Act, 2001 
(Public Law 106-259), the amount of $73,800,000 is hereby rescinded 
from the ``Procurement, Defense-Wide, 2001/2003'' account.

     Defense Against Chemical and Biological Weapons, Defense-Wide

    For expenses, not otherwise provided for, for chemical and 
biological weapon defense programs of the Department of Defense, as 
authorized by law, $1,065,940,000, of which $363,709,000 shall be for 
Procurement, to remain available for obligation until September 30, 
2004, and $702,231,000 shall be for Research, Development, Test and 
Evaluation, to remain available for obligation until September 30, 
2003.

                    Defense Threat Reduction Agency

    For expenses, not otherwise provided for, for the Defense Threat 
Reduction Agency of the Department of Defense, as authorized by law, 
$806,471,000, of which $305,393,000 shall be for Operation and 
Maintenance, of which $50,000,000 shall be available only to initiate a 
multi-year demonstration program at four military installations to 
install, operate, and evaluate a network of sensors to protect 
installations against unconventional nuclear threats in accordance with 
the deployment recommendations of the Defense Science Board Task Force 
on Unconventional Nuclear Warfare Defense; $20,325,000 shall be for 
Procurement, to remain available for obligation until September 30, 
2004; and $480,753,000 shall be for Research, Development, Test and 
Evaluation to remain available for obligation until September 30, 2003, 
of which $25,000,000 shall be available only for research and 
development of systems to support the protection of military 
installations against unconventional nuclear threats in accordance with 
the recommendations of the Defense Science Board Task Force on 
Unconventional Nuclear Warfare Defense.
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2002''.

        DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL APPROPRIATIONS

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2002, and for other purposes, namely:

                               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'', $4,582,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

        Agriculture Buildings and Facilities and Rental Payments

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Agriculture Buildings and 
Facilities and Rental Payments'', $2,875,000, 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'', 
$5,635,000, 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

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$8,175,000, 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'', $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'', $9,800,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-38.

                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, and for other expenses 
necessary to support activities related to countering potential 
biological, disease, and chemical threats to civilian populations, for 
``Food and Drug Administration, Salaries and Expenses'', $104,350,000, 
to remain available until expended, to be obligated from amounts made 
available in Public Law 107-38.

                          INDEPENDENT AGENCIES

                  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'', $6,495,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration

                   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'', $68,450,000, 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'', $11,100,000, 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'', 
$538,500,000, 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'', 
$409,600,000, 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, to be obligated from 
amounts made available in Public Law 107-38, of which $45,000,000 is 
for emergency response communications technologies and equipment for 
Northern Virginia, $20,000,000 is for the Capitol Wireless Integrated 
Network in the Washington Metropolitan Area, $15,000,000 is for a 
chemical sensor program within the Washington, D.C. subway system, and 
$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, for ``State and Local Law 
Enforcement Assistance'', $17,100,000, 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'', $750,000, 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.

            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'', $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'', $8,636,000, 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 
Ground'', $10,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

    Courts of Appeals, District Courts, and Other Judicial Services

                             court security

    For emergency expenses to respond to the September 11, 2001 
terrorist attacks on the United States, for ``Court Security'', 
$21,500,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38: Provided, That the funds 
may be expended directly or transferred to the United States Marshals 
Service, to remain available until expended: Provided further, That 
$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.

                 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

                     disaster loans program account

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Disaster Loans Program 
Account'', $140,000,000, to remain available until expended, to be 
obligated from amounts available in Public Law 107-38.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 201. For purposes of assistance available under section 
7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) to small 
business concerns located in disaster areas declared as a result of the 
September 11, 2001, terrorist attacks, (i) the terms ``small business 
concern'' shall include not-for-profit institutions and small business 
concerns described in subsectors 522, 523, and 524 of the North 
American Industry Classification System codes (as described in 13 
C.F.R. 121.201, as in effect on January 2, 2001), except for depository 
financial institutions, and (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 January 1, 2002.
    Sec. 202. Notwithstanding any other provision of law, the 
limitation on the total amount of loans under section 7(b) of the Small 
Business Act (15 U.S.C. 636(b)) outstanding and committed to a borrower 
in the disaster areas declared in response to the September 11, 2001, 
terrorist attacks shall be increased to $10,000,000.
    Sec. 203. 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.

                               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'', $7,242,911,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-38, as 
follows:
            (1) For increased situational awareness, $1,735,000,000;
            (2) For enhanced force protection, $742,911,000, of which 
        $40,000,000 shall be available only for biological weapons 
        proliferation prevention activities under the Former Soviet 
        Union Threat Reduction Program, of which $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;
            (3) For improved command and control, $162,000,000;
            (4) For increased worldwide posture, $2,801,000,000;
            (5) For offensive counterterrorism, $769,000,000, of which 
        $237,000,000 is for the Special Operations Command;
            (6) For initial crisis response, $108,000,000;
            (7) For the Pentagon Reservation Maintenance Revolving 
        Fund, $925,000,000:
Provided, That none of the funds provided under this heading in this 
chapter may be used for appropriations for military construction and 
military family housing.

                    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.

                     (including transfer of funds)

    Sec. 302. During the current fiscal year, amounts in or credited to 
the Defense Cooperation Account under 10 U.S.C. 2608(b) are hereby 
appropriated and shall be available for transfer by the Secretary of 
Defense to such appropriations or funds of the Department of Defense as 
he shall determine, to be merged with and be available for the same 
purposes and the same time period as the appropriation to which 
transferred: Provided, That the Secretary shall provide written 
notification to the congressional defense committees 30 days prior to 
such transfer: 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 these 
amounts are designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985, as amended: Provided further,  That the 
Secretary of Defense shall report to the Congress quarterly on all 
obligations made pursuant to this authority.
    Sec. 303. (a) Amounts in the appropriation account ``Support for 
International Sporting Competitions, Defense'' may be used to support 
essential security and safety services for the 2002 Winter Olympic 
Games in Salt Lake City, Utah, under section 2564 of title 10, United 
States Code, without the certification otherwise required under 
subsection (a) of that section.
    (b) In connection with the provision of essential security and 
safety support to the 2002 Winter Olympic Games and logistical and 
security support to the 2002 Winter Paralympic Games, the term ``active 
duty'' as used in section 5802 of division A of the Omnibus 
Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note), shall be 
treated as including State active duty and full-time National Guard 
duty performed by members of the Army National Guard and Air National 
Guard.
    Sec. 304. 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. 305. 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.

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, 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 expended, $12,144,209, of which $921,833 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, $453,376 is for the Department of Public Works, and $5,000,000 
is for the Washington Metropolitan Area Transit Authority.
    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, 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 expended, $1,032,342, for the Fire and Emergency 
Medical Services Department.
    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, 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 expended, $10,354,415, of which $204,920 is for 
the Fire and Emergency Medical Services Department, $258,170 is for the 
Metropolitan Policy Department, and $9,891,325 is for the Department of 
Health.
    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, 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 expended, $2,100,000, for the Department of 
Health.
    Notwithstanding any other provision of law, all amounts under this 
heading shall be apportioned quarterly by the Office of Management and 
Budget. The Chief financial Officer of the District of Columbia 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 heading beginning no later than January 2, 
2002.

                       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 expended.
    For Protective Clothing and Breathing Apparatus, to remain 
available until expended, $12,144,209, of which $921,833 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, $453,376 is for the Department of Public Works, and $5,000,000 
is for the Washington Metropolitan Area Transit Authority.
    For Specialized Hazardous Materials Equipment, to remain available 
until expended, $1,032,342, for the Fire and Emergency Medical Services 
Department.
    For Chemical and Biological Weapons Preparedness, to remain 
available until expended, $10,354,415, of which $204,920 is for the 
Fire and Emergency Medical Services Department, $258,170 is for the 
Metropolitan Police Department, and $9,891,325 is for the Department of 
Health.
    For Pharmaceuticals for Responders, to remain available until 
expended, $2,100,000, for the Department of Health.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                       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

                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'', $88,000,000, 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'', $18,000,000, 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.

                               CHAPTER 6

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 operation of the national park system

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

                       united states park police

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

                          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.

                               CHAPTER 7

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``Training and Employment 
Services'' including temporary health care coverage assistance, 
$1,500,000,000 to be obligated from amounts made available in Public 
Law 107-38: Provided, That these funds shall be available for 
obligation for the period beginning on the date of enactment of this 
Act through the date ending 18 months after the date of enactment of 
this Act, for carrying out section 173 of the Workforce Investment Act 
of 1998: Provided further, That such funds may only be used by States 
to provide employment and training assistance, including temporary 
health care coverage assistance, to dislocated workers affected by a 
plant closure, mass layoff, or multiple layoffs if the Governor 
certifies in the application for such grants that the attacks of 
September 11, 2001, contributed importantly to such plant closures, 
mass layoffs, and multiple layoffs: Provided further, That such funds 
may be used by the State to assist a participant in the program funded 
under such grants by paying up to 75 percent of the amount of the 
premium for the health care coverage of the participant and any 
dependents for a period not to exceed 10 months: Provided further, That 
for purposes of this paragraph, the term ``health care coverage'' means 
health care coverage other than coverage under titles XVIII, XIX, and 
XXI of the Social Security Act (other than section 1928); chapter 55 of 
title 10, United States Code; chapter 17 of title 38, United States 
Code; chapter 89 of title 5, United States Code (other than coverage 
which is comparable to continuation coverage under section 4980B of the 
Internal Revenue Code of 1986); the Indian Health Care Improvement Act; 
or coverage under a qualified long-term care insurance contract: 
Provided further, That for purposes of this paragraph, the term 
``premium'' means, in connection with health care coverage, the premium 
which would (but for this section) be charged to the participant for 
the cost of coverage.

     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.

              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

            public health and social services emergency fund

    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, disease, and chemical threats to civilian populations, for 
``Public Health and Social Services Emergency Fund'', $1,990,600,000, 
to remain available until expended, to be obligated from amounts made 
available in Public Law 107-38.

                        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 8

                           LEGISLATIVE BRANCH

               Legislative Branch Emergency Response Fund

                     (including transfer of funds)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, $256,081,000 to remain 
available until expended, to be derived from the Emergency Response 
Fund established by 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 prior notification to the 
Committee on Appropriations of the Senate: Provided further, That 
$40,712,000 shall be transferred to ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses'' and shall be obligated with prior notification 
to the Committee on Appropriations of the House of Representatives: 
Provided further, That $1,000,000 shall be transferred as a grant to 
the United States Capitol Historical Society: Provided further, That 
the remaining balance of $179,869,000, together with any other amounts 
provided to any entity in the legislative branch which are derived from 
the Emergency Response Fund established by Public Law 107-38 and which 
remain unobligated as of the date of the enactment of this Act (other 
than any amounts provided to the House of Representatives or Senate), 
shall be transferred to the Capitol Police Board, who shall transfer to 
the affected entities of the legislative branch such amounts as the 
Capitol Police Board considers appropriate, with prior notification to 
the Committees on Appropriations of the House of Representatives and 
Senate.

                        HOUSE OF REPRESENTATIVES

                       Administrative Provisions

    Sec. 801. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to respond to an 
emergency situation, the Chief Administrative Officer of the House of 
Representatives may acquire buildings and facilities, subject to the 
availability of appropriations, 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. 802. (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. 803. (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) There is established 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.
    (c) The Board--
            (1) 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 and shall carry out the day-to-day 
        operations of the Office under the supervision of the Board;
            (2) 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;
            (3) 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
            (4) 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.
    (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.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

    Sec. 804. (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. 805. 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 recreational, 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. 806. (a) Section 9 of the Act of July 31, 1946 (40 U.S.C. 
212a) is amended by adding at the end the following new subsection:
    ``(c)(1) For purposes of this section, `the United States Capitol 
Buildings and Grounds' shall include all buildings and grounds of the 
United States Botanic Garden, including the National Garden and 
Bartholdi Park.
    ``(2) For purposes of this section, the Joint Committee on the 
Library may suspend the application of section 4 of this Act to the 
buildings and grounds described in paragraph (1) in order to promote 
the interests of the United States Botanic Garden.''.
    (b) The amendment made by subsection (a) shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year.
    Sec. 807. (a) Assistance for Capitol Police From Executive 
Departments and Agencies.--Notwithstanding any other provision of law, 
Executive departments and Executive agencies may assist the United 
States Capitol Police in the same manner and to the same extent as such 
departments and agencies assist the United States Secret Service under 
section 6 of the Presidential Protection Assistance Act of 1976 (18 
U.S.C. 3056 note), except as may otherwise be provided in this section.
    (b) Terms of Assistance.--Assistance under this section shall be 
provided--
            (1) consistent with the authority of the Capitol Police 
        under sections 9 and 9A of the Act of July 31, 1946 (40 U.S.C. 
        212a and 212a-2);
            (2) upon the advance written request of--
                    (A) the Chairman of the Capitol Police Board, or
                    (B) in the absence of the Chairman of the Capitol 
                Police Board--
                            (i) the Sergeant at Arms and Doorkeeper of 
                        the Senate, in the case of any matter relating 
                        to the Senate; or
                            (ii) the Sergeant at Arms of the House of 
                        Representatives, in the case of any matter 
                        relating to the House; and
            (3) either--
                    (A) on a temporary and reimbursable basis, or
                    (B) on a permanent reimbursable basis upon advance 
                written request of the Chairman of the Capitol Police 
                Board.
    (c) Reports on Expenditures for Assistance.--
            (1) Reports.--With respect to any fiscal year in which an 
        Executive department or Executive agency provides assistance 
        under this section, the head of that department or agency shall 
        submit a report not later than 30 days after the end of the 
        fiscal year to the Chairman of the Capitol Police Board.
            (2) Contents.--The report submitted under paragraph (1) 
        shall contain a detailed account of all expenditures made by 
        the Executive department or Executive agency in providing 
        assistance under this section during the applicable fiscal 
        year.
            (3) Summary of reports.--After receipt of all reports under 
        paragraph (2) with respect to any fiscal year, the Chairman of 
        the Capitol Police Board shall submit a summary of such reports 
        to the Committees on Appropriations of the Senate and the House 
        of Representatives.
    (d) Effective Date.--This section shall apply with respect to 
fiscal year 2002 and each succeeding fiscal year.
    Sec. 808. (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. 809. (a) Section 1 of Public Law 93-180 (40 U.S.C. 166d) is 
amended--
            (1) by striking ``secure, through rental, lease, or other 
        appropriate agreement, storage space'' and inserting ``acquire, 
        through purchase, lease, or other appropriate arrangement, 
        property or space'';
            (2) by inserting ``the United States Capitol Police,'' 
        after ``Representatives,''; and
            (3) by striking ``as such Commission and committee may 
        authorize'' and inserting ``as the Architect deems reasonable 
        and appropriate''.
    (b) Nothing in the amendment made by subsection (a) may be 
construed to affect the authority provided to the Architect of the 
Capitol under section 128 of the Legislative Branch Appropriations Act, 
2002, to secure the property described in such section.
    (c) The amendment made by subsection (a) shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year.
    Sec. 810. (a) Public Law 107-68 is amended in the item relating to 
``ARCHITECT OF THE CAPITOL--Capitol Visitor Center''--
            (1) by striking ``unassigned space in the'';
            (2) by striking ``for House space''; and
            (3) by striking ``for Senate space''.
    (b) The amendment made by subsection (a) shall take effect as if 
included in the enactment of Public Law 107-68.
    Sec. 811. (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. 812. (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.

                               CHAPTER 9

                         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'', $55,700,000, 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'', $47,700,000, to remain available until expended: Provided, 
That these funds shall be obligated from amounts made available in 
Public Law 107-38.

                    GENERAL PROVISIONS--THIS CHAPTER

                     (including transfer of funds)

    Sec. 901. The Secretary of Defense may transfer to the ``Defense 
Emergency Response Fund'' amounts appropriated in Military Construction 
Appropriations Acts only if the Secretary makes a determination that 
amounts in the Fund are insufficient to carry out needed military 
construction projects. In exercising the transfer authority provided by 
this section, the Secretary of Defense shall first transfer unobligated 
balances remaining from fiscal year 2001 and earlier fiscal years 
before transferring any amounts appropriated in the Military 
Construction Appropriations Act, 2002. Amounts so transferred shall be 
available solely for military construction projects, including 
activities described in section 2802(b) of title 10, United States 
Code. At least 10 days prior to each such transfer, the Secretary of 
Defense shall notify the appropriate defense committees, shall provide 
an accompanying form 1391, and shall describe the source of funds from 
which the transfer is derived.
    Sec. 902. 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. At least 10 
days prior to carrying out such military construction project, the 
Secretary shall notify the appropriate defense committees and shall 
provide an accompanying form 1391.

                               CHAPTER 10

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                         Salaries and Expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$458,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                 Transportation Security Administration

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for the ``Transportation 
Security Administration'', $15,000,000, to remain available until 
September 30, 2002, to be obligated from amounts made available in 
Public Law 107-38: Provided, That obligation of funds under this 
heading is subject to enactment of legislation authorizing the 
establishment of such office.

          Aircraft Passenger and Baggage Screening Activities

    For necessary expenses of the Secretary of Transportation to carry 
out responsibilities for the screening of passengers and property on 
passenger aircraft in air transportation that originates in the United 
States or intrastate air transportation that, on September 11, 2001, 
was performed by an employee or agent of an air carrier, intrastate air 
carrier, or foreign air carrier, $1,000,000,000, to remain available 
until expended: Provided, That none of the funds under this heading may 
be obligated or expended until enactment of legislation authorizing: 
(1) the conduct of such activities, whether by contract, grant, or 
direct federal personnel, by an organization within the Department of 
Transportation other than the Federal Aviation Administration; (2) the 
collection of passenger and baggage screening user fees designed to 
offset the cost of these activities; and (3) the crediting of the fees 
as offsetting collections to the account financing the activities and 
services for which the fee is imposed: Provided further, That the sum 
herein appropriated shall be reduced, on a dollar for dollar basis, as 
such offsetting collections are received, so as to result in a final 
fiscal year 2002 appropriation of zero.

                              COAST GUARD

                           Operating Expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Operating Expenses,'' 
$144,913,000, to remain available until expended, 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,'' 
$291,500,000, to be derived from the Airport and Airway Trust Fund and 
to remain available until expended, 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'', $175,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                     FEDERAL HIGHWAY ADMINISTRATION

                          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 included in the total of 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.

                     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.

              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.

                             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,'' 
$465,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                               CHAPTER 11

                       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'', 
$23,231,000, 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 
and at critical seaports, $160,146,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 
107-38.
    In addition, for an additional amount for ``Salaries and Expenses'' 
for response and recovery costs, a commercial backup facility and 
enhanced security for the Newington Data Center, and additional 
staffing and office expenses for anti-money laundering and foreign 
operations, $141,613,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

  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

                          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.

                      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.

                          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 Stats, for ``Federal Buildings fund'', 
$87,360,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                               CHAPTER 12

                     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

                     Management and Administration

                      office of inspector general

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

                          INDEPENDENT AGENCIES

                    Environmental Protection Agency

                         science and technology

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``Science and technology'', 
$10,000,000, 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 for ``Environmental programs and 
management'', $140,360,000, 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'', 
$5,800,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                   state and tribal assistance grants

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

                  Federal Emergency Management Agency

                            disaster relief

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Disaster relief'', 
$4,900,000,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38.

              emergency management planning and assistance

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Emergency management 
planning and assistance'', $35,000,000, 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 available for 
support of the 2002 Winter Olympics.

                         salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and expenses'', 
$30,000,000 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.

             National Aeronautics and Space Administration

                           human space flight

    For emergency expenses to respond to the September 11, 2001, 
terrorist attack on the United States, for ``Human space flight'', 
$81,000,000, 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'', $36,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                      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'', $3,000,000, to remain available until expended, to the 
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.

                               CHAPTER 13

                    GENERAL PROVISION--THIS DIVISION

    Sec. 1301. No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly provided so herein.
    This division may be cited as the ``Emergency Supplemental Act, 
2002''.




                                                 Union Calendar No. 179

107th CONGRESS

  1st Session

                               H. R. 3338

                          [Report No. 107-298]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                           November 19, 2001

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed