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

                                                           Calendar No. 254
    107th CONGRESS
      1st Session
                                    H.R. 3338

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

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                               November 29, 2001

      Received; read twice and referred to the Committee on Appropriations

                                December 4, 2001

                   Reported by Mr. Inouye, with an amendment
     [Strike all after the enacting clause and insert the part printed in
                                    italic]

    _______________________________________________________________________

                                     AN ACT

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

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,

          <DELETED>DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS,
                                 2002</DELETED>

    <DELETED>    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:</DELETED>

                           <DELETED>TITLE I</DELETED>

                     <DELETED>MILITARY PERSONNEL</DELETED>

                  <DELETED>Military Personnel, Army</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Military Personnel, Navy</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>Military Personnel, Marine Corps</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>Military Personnel, Air Force</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Reserve Personnel, Army</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Reserve Personnel, Navy</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Reserve Personnel, Marine Corps</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>Reserve Personnel, Air Force</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>National Guard Personnel, Army</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>National Guard Personnel, Air Force</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>TITLE II</DELETED>

                  <DELETED>OPERATION AND MAINTENANCE</DELETED>

               <DELETED>Operation and Maintenance, Army</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Operation and Maintenance, Navy</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Operation and Maintenance, Marine Corps</DELETED>

    <DELETED>    For expenses, not otherwise provided for, necessary for
    the operation and maintenance of the Marine Corps, as authorized by
    law, $2,939,434,000.</DELETED>

            <DELETED>Operation and Maintenance, Air Force</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Operation and Maintenance, Defense-Wide</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Operation and Maintenance, Army Reserve</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Operation and Maintenance, Navy Reserve</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>Operation and Maintenance, Marine Corps Reserve</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>Operation and Maintenance, Air Force Reserve</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>Operation and Maintenance, Army National Guard</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>Operation and Maintenance, Air National Guard</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>Overseas Contingency Operations Transfer Fund</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

     <DELETED>United States Court of Appeals for the Armed Forces</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Environmental Restoration, Army</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Environmental Restoration, Navy</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>Environmental Restoration, Air Force</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Environmental Restoration, Defense-Wide</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Environmental Restoration, Formerly Used Defense
                                Sites</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>Overseas Humanitarian, Disaster, and Civic Aid</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Support for International Sporting Competitions,
                               Defense</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>TITLE III</DELETED>

                         <DELETED>PROCUREMENT</DELETED>

                 <DELETED>Aircraft Procurement, Army</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Missile Procurement, Army</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>Procurement of Weapons and Tracked Combat Vehicles,
                                 Army</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Procurement of Ammunition, Army</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Other Procurement, Army</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>Aircraft Procurement, Navy</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Weapons Procurement, Navy</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>Procurement of Ammunition, Navy and Marine Corps</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>Shipbuilding and Conversion, Navy</DELETED>

    <DELETED>    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:</DELETED>
            <DELETED>    Carrier Replacement Program (AP),
            $138,890,000;</DELETED>
            <DELETED>    SSGN (AP), $549,440,000;</DELETED>
            <DELETED>    Virginia Class Submarine,
            $1,578,914,000;</DELETED>
            <DELETED>    Virginia Class Submarine (AP),
            $684,288,000;</DELETED>
            <DELETED>    CVN Refueling Overhauls, $1,175,124,000;</DELETED>
            <DELETED>    CVN Refueling Overhauls (AP),
            $73,707,000;</DELETED>
            <DELETED>    Submarine Refueling Overhauls,
            $382,265,000;</DELETED>
            <DELETED>    Submarine Refueling Overhauls (AP),
            $77,750,000;</DELETED>
            <DELETED>    DDG-51, $3,786,036,000;</DELETED>
            <DELETED>    LPD-17 (AP), $286,330,000;</DELETED>
            <DELETED>    ADC(X), $370,818,000;</DELETED>
            <DELETED>    Outfitting, $297,230,000;</DELETED>
            <DELETED>    LCAC SLEP, $46,091,000;</DELETED>
            <DELETED>    Completion of Prior Year Ship Building Programs,
            $680,000,000;</DELETED>
            <DELETED>    Mine Hunter SWATH, $2,000,000;</DELETED>
            <DELETED>    Yard Oilers, $6,000,000;</DELETED>
    <DELETED>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.</DELETED>

                   <DELETED>Other Procurement, Navy</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Procurement, Marine Corps</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Aircraft Procurement, Air Force</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Missile Procurement, Air Force</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>Procurement of Ammunition, Air Force</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>Other Procurement, Air Force</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Procurement, Defense-Wide</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>Defense Production Act Purchases</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>National Guard and Reserve Equipment</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>TITLE IV</DELETED>

         <DELETED>RESEARCH, DEVELOPMENT, TEST AND EVALUATION</DELETED>

      <DELETED>Research, Development, Test and Evaluation, Army</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>Research, Development, Test and Evaluation, Navy</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Research, Development, Test and Evaluation, Air
                                Force</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>Research, Development, Test and Evaluation, Defense-
                                 Wide</DELETED>

    <DELETED>    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.</DELETED>

          <DELETED>Operational Test and Evaluation, Defense</DELETED>

    <DELETED>    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.</DELETED>

                           <DELETED>TITLE V</DELETED>

               <DELETED>REVOLVING AND MANAGEMENT FUNDS</DELETED>

                <DELETED>Defense Working Capital Funds</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>National Defense Sealift Fund</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>TITLE VI</DELETED>

            <DELETED>OTHER DEPARTMENT OF DEFENSE PROGRAMS</DELETED>

                   <DELETED>Defense Health Program</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>Chemical Agents and Munitions Destruction, Army</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>Drug Interdiction and Counter-Drug Activities,
                               Defense</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Office of the Inspector General</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>TITLE VII</DELETED>

                      <DELETED>RELATED AGENCIES</DELETED>

     <DELETED>Central Intelligence Agency Retirement and Disability System
                                 Fund</DELETED>

    <DELETED>    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.</DELETED>

          <DELETED>Intelligence Community Management Account</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

      <DELETED>Payment to Kaho'olawe Island Conveyance, Remediation, and
                    Environmental Restoration Fund</DELETED>

    <DELETED>    For payment to Kaho'olawe Island Conveyance, Remediation,
    and Environmental Restoration Fund, as authorized by law, $25,000,000,
    to remain available until expended.</DELETED>

           <DELETED>National Security Education Trust Fund</DELETED>

    <DELETED>    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.</DELETED>

                         <DELETED>TITLE VIII</DELETED>

                     <DELETED>GENERAL PROVISIONS</DELETED>

    <DELETED>    Sec. 8001. No part of any appropriation contained in this
    Act shall be used for publicity or propaganda purposes not authorized
    by the Congress.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                     <DELETED>(transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

                     <DELETED>(transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    Funds appropriated in title III of this Act may be used
    for a C-17 multiyear procurement contract.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) Nothing in this section shall be construed to apply to
    military (civilian) technicians.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                     <DELETED>(transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (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--</DELETED>
                    <DELETED>    (A) Federal service under sections 331,
                    332, 333, or 12406 of title 10, United States Code, or
                    other provision of law, as applicable; or</DELETED>
                    <DELETED>    (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</DELETED>
            <DELETED>    (3) requests and is granted--</DELETED>
                    <DELETED>    (A) leave under the authority of this
                    section; or</DELETED>
                    <DELETED>    (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:</DELETED>
    <DELETED>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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.).</DELETED>
    <DELETED>    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.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (1) as a result of thorough technical evaluation,
            only one source is found fully qualified to perform the
            proposed work;</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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:</DELETED>
    <DELETED>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.</DELETED>
    <DELETED>    Sec. 8052. (a) Except as provided in subsections (b) and
    (c), none of the funds made available by this Act may be used--
    </DELETED>
            <DELETED>    (1) to establish a field operating agency;
            or</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) This section does not apply to field operating
    agencies funded within the National Foreign Intelligence
    Program.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                        <DELETED>(rescissions)</DELETED>

    <DELETED>    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:</DELETED>
            <DELETED>    ``Former Soviet Union Threat Reduction, 2000/
            2002'', $32,000,000;</DELETED>
            <DELETED>    ``Other Procurement, Navy, 2000/2002'',
            $16,300,000;</DELETED>
            <DELETED>    ``Aircraft Procurement, Air Force, 2000/2002'',
            $8,500,000;</DELETED>
            <DELETED>    ``Other Procurement, Air Force, 2000/2002'',
            $20,000,000;</DELETED>
            <DELETED>    ``Former Soviet Union Threat Reduction, 2001/
            2003'', $32,000,000;</DELETED>
            <DELETED>    ``Aircraft Procurement, Army, 2001/2003'',
            $22,000,000;</DELETED>
            <DELETED>    ``Procurement of Ammunition, Army, 2001/2003'',
            $27,400,000;</DELETED>
            <DELETED>    ``Other Procurement, Army, 2001/2003'',
            $28,745,000;</DELETED>
            <DELETED>    ``Aircraft Procurement, Navy, 2001/2003'',
            $8,600,000;</DELETED>
            <DELETED>    ``Weapons Procurement, Navy, 2001/2003'',
            $35,000,000;</DELETED>
            <DELETED>    ``Other Procurement, Navy, 2001/2003'',
            $14,600,000;</DELETED>
            <DELETED>    ``Procurement, Marine Corps, 2001/2003'',
            $1,000,000;</DELETED>
            <DELETED>    ``Aircraft Procurement, Air Force, 2001/2003'',
            $19,300,000;</DELETED>
            <DELETED>    ``Procurement of Ammunition, Air Force, 2001/
            2003'', $5,800,000;</DELETED>
            <DELETED>    ``Other Procurement, Air Force, 2001/2003'',
            $16,800,000;</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation,
            Army, 2001/2002'', $16,300,000;</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation,
            Navy, 2001/2002'', $58,800,000;</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation, Air
            Force, 2001/2002'', $74,433,000; and</DELETED>
            <DELETED>    ``Defense Health Program, 2001/2002'',
            $4,000,000.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) any repair or reconstruction cost incurred as
            a result of the terrorist attack on the Pentagon that occurred
            on September 11, 2001;</DELETED>
            <DELETED>    (2) any increase in costs for wedges 2 through 5
            attributable to compliance with new requirements of Federal,
            State, or local laws; and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>

                     <DELETED>(transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (b) Covered Activities.--This section applies to--
    </DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (2) any other international peacekeeping, peace-
            enforcement, or humanitarian assistance operation.</DELETED>
    <DELETED>    (c) Required Notice.--A notice under subsection (a) shall
    include the following:</DELETED>
            <DELETED>    (1) A description of the equipment, supplies, or
            services to be transferred.</DELETED>
            <DELETED>    (2) A statement of the value of the equipment,
            supplies, or services to be transferred.</DELETED>
            <DELETED>    (3) In the case of a proposed transfer of
            equipment or supplies--</DELETED>
                    <DELETED>    (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</DELETED>
                    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (1) such costs are for a bonus or otherwise in
            excess of the normal salary paid by the contractor to the
            employee; and</DELETED>
            <DELETED>    (2) such bonus is part of restructuring costs
            associated with a business combination.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) The President may suspend the application of
    subsection (a) during a period of war in which the United States is a
    party.</DELETED>
    <DELETED>    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.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (2) the obligation is not otherwise properly
            chargeable to any current appropriation account of the
            Department of Defense; and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    ``Operation and Maintenance, Army'',
            $35,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy'',
            $230,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Marine Corps'',
            $6,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force'',
            $247,000,000; and</DELETED>
            <DELETED>    ``Operation and Maintenance, Defense-Wide'',
            $9,000,000.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (b) Subsection (a) applies with respect to--</DELETED>
            <DELETED>    (1) contracts and subcontracts entered into on or
            after the date of the enactment of this Act; and</DELETED>
            <DELETED>    (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).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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))).</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    ``Military Personnel, Army'',
            $30,800,000;</DELETED>
            <DELETED>    ``Military Personnel, Navy'', $600,000;</DELETED>
            <DELETED>    ``Military Personnel, Marine Corps'',
            $7,800,000;</DELETED>
            <DELETED>    ``Military Personnel, Air Force'',
            $15,400,000;</DELETED>
            <DELETED>    ``Reserve Personnel, Air Force'',
            $8,400,000;</DELETED>
            <DELETED>    ``National Guard Personnel, Army'',
            $2,200,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Army'',
            $68,600,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy'',
            $14,400,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Marine Corps'',
            $1,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force'',
            $26,400,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Defense-Wide'',
            $23,000,000; and</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force Reserve'',
            $1,400,000.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (b) Subsection (a) applies to the following:</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (2) The Chief Information Officer shall provide the
    congressional defense committees timely notification of certifications
    under paragraph (1).</DELETED>
    <DELETED>    (c) Definitions.--For purposes of this section:</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (3) The term ``major automated information
            system'' has the meaning given that term in Department of
            Defense Directive 5000.1.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    ``Operation and Maintenance, Army'',
            $269,500,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy'',
            $157,200,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Marine Corps'',
            $23,900,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force'',
            $180,200,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Defense-Wide'',
            $103,700,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Army Reserve'',
            $23,200,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy Reserve'',
            $3,300,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force Reserve'',
            $31,200,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Army National
            Guard'', $53,600,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air National Guard'',
            $52,500,000;</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation,
            Army'', $35,300,000;</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation,
            Navy'', $3,000,000;</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation, Air
            Force'', $15,700,000; and</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation,
            Defense-Wide'', $2,700,000.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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:</DELETED>
    <DELETED>    To:</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1995/2002'': Carrier Replacement Program,
            $172,364,000;</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1996/2002'': LPD-17 Amphibious Transport Dock Ship
            Program, $172,989,000;</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1997/2002'': DDG-51 Destroyer Program,
            $37,200,000;</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1998/2002'':</DELETED>
                    <DELETED>    NSSN Program, $123,561,000;</DELETED>
                    <DELETED>    DDG-51 Destroyer Program,
                    $111,457,000;</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1999/2002'': NSSN Program, $62,429,000.</DELETED>

                     <DELETED>(transfer of funds)</DELETED>

    <DELETED>    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:</DELETED>
    <DELETED>    From:</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1990/2002'':</DELETED>
                    <DELETED>    TRIDENT ballistic missile submarine
                    program, $78,000;</DELETED>
                    <DELETED>    SSN-21 attack submarine program,
                    $66,000;</DELETED>
                    <DELETED>    DDG-51 destroyer program,
                    $6,100,000;</DELETED>
                    <DELETED>    ENTERPRISE refueling/modernization
                    program, $964,000;</DELETED>
                    <DELETED>    LSD-41 dock landing ship cargo variant
                    ship program, $237,000;</DELETED>
                    <DELETED>    MCM mine countermeasures program,
                    $118,000;</DELETED>
                    <DELETED>    Oceanographic ship program,
                    $2,317,000;</DELETED>
                    <DELETED>    AOE combat support ship program,
                    $164,000;</DELETED>
                    <DELETED>    AO conversion program, $56,000;</DELETED>
                    <DELETED>    Coast Guard icebreaker ship program,
                    $863,000;</DELETED>
                    <DELETED>    Craft, outfitting, post delivery, and ship
                    special support equipment, $529,000;</DELETED>
    <DELETED>    To:</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1998/2002'': DDG-51 destroyer program,
            $11,492,000;</DELETED>
    <DELETED>    From:</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1993/2002'':</DELETED>
                    <DELETED>    DDG-51 destroyer program,
                    $3,986,000;</DELETED>
                    <DELETED>    LHD-1 amphibious assault ship program,
                    $85,000;</DELETED>
                    <DELETED>    LSD-41 dock landing ship cargo variant
                    program, $428,000;</DELETED>
                    <DELETED>    AOE combat support ship program,
                    $516,000;</DELETED>
                    <DELETED>    Craft, outfitting, post delivery, and
                    first destination transportation, and inflation
                    adjustments, $1,034,000;</DELETED>
    <DELETED>    To:</DELETED>
            <DELETED>    Under the heading, ``Shipbuilding and Conversion,
            Navy, 1998/2002'': DDG-51 destroyer program,
            $6,049,000.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    ``Operation and Maintenance, Army'',
            $75,900,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy'',
            $17,100,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Marine Corps'',
            $15,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force'',
            $60,100,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Defense-Wide'',
            $9,800,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Army Reserve'',
            $6,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy Reserve'',
            $2,300,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Marine Corps
            Reserve'', $800,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force Reserve'',
            $3,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Army National
            Guard'', $6,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air National Guard'',
            $7,500,000;</DELETED>
            <DELETED>    ``Drug Interdiction and Counter-Drug Activities,
            Defense'', $800,000;</DELETED>
            <DELETED>    ``Defense Working Capital Funds'', $14,400,000;
            and</DELETED>
            <DELETED>    ``Defense Health Program'', $11,300,000.</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    ``Operation and Maintenance, Army'',
            $131,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy'',
            $343,719,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Marine Corps'',
            $25,000,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force'',
            $283,200,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Defense-Wide'',
            $15,000,000.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (b) The Secretary shall require as a condition of the
    grant--</DELETED>
            <DELETED>    (1) that the funds provided through the grant be
            used only for costs associated with such repair, restoration,
            and preservation; and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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)''.</DELETED>
    <DELETED>    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--</DELETED>
            <DELETED>    (1) clean up radioactive contamination at the
            Shpack Landfill site located in Norton and Attleboro,
            Massachusetts; and</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    ``Operation and Maintenance, Army'',
            $122,100,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy'',
            $95,700,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Marine Corps'',
            $9,900,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force'',
            $79,200,000; and</DELETED>
            <DELETED>    ``Operation and Maintenance, Defense-Wide'',
            $23,100,000.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) is technically superior against multi-spectral
            threat sensors;</DELETED>
            <DELETED>    (2) is less costly per unit; and</DELETED>
            <DELETED>    (3) provides improved overall force
            protection.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    ``Operation and Maintenance, Army'',
            $114,270,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Navy'',
            $50,320,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Air Force'',
            $62,180,000;</DELETED>
            <DELETED>    ``Operation and Maintenance, Defense-Wide'',
            $102,120,000; and</DELETED>
            <DELETED>    ``Research, Development, Test and Evaluation,
            Ballistic Missile Defense Organization'', $4,110,000.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (b) Limitations.--Effective 6 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:</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (3) To accomplish Army acquisition program
            management functions by military or civilian personnel assigned
            to or employed by the Army Material Command.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (B) any changes in Army policies to achieve
            compliance with the limitations in subsection (b).</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    (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; and (2) Amounts made available to
    the Army for research, development, test and evaluation relating to the
    Future Combat System.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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:</DELETED>
            <DELETED>    Pharmacists, Audiologists, and Dental
            Hygienists.</DELETED>
                    <DELETED>    (A) The requirements of 38 U.S.C.
                    7403(g)(1)(A) shall apply.</DELETED>
                    <DELETED>    (B) The limitations of 38 U.S.C.
                    7403(g)(1)(B) shall not apply.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    Sec. 8156. Notwithstanding any other provision of law, of
    the funds appropriated in this Act under the heading ``Operation and
    Maintenance, Defense-Wide'', $1,680,500, to remain available until
    expended, is provided only for payment of any expenses incurred after
    April 1, 2002 of the Commission on the Future of the United States
    Aerospace Industry pursuant to section 1092(e)(1) of the Floyd D.
    Spence National Defense Authorization Act for Fiscal Year 2001 (as
    enacted by Public Law 106-398; 114 Stat. 165A-215).</DELETED>
    <DELETED>    Sec. 8157. Of the funds appropriated in this Act under the
    heading ``Operation and Maintenance, Defense-Wide'', $1,000,000, to
    remain available until expended, shall be made available to the
    Secretary of Defense, notwithstanding any other provision of law, only
    for a grant or grants to the Somerset County Board of Commissioners (in
    the Commonwealth of Pennsylvania), to design and construct a memorial
    (including operating and maintenance expenses for appropriate security
    measures to protect the site) at the airplane crash site in Somerset
    County, Pennsylvania honoring the brave men, women, and children who
    perished following a valiant struggle with terrorists aboard United
    Airlines Flight 93 on September 11, 2001.</DELETED>
    <DELETED>    Sec. 8158. (a) None of the funds made available in this
    division may be used to purchase--</DELETED>
            <DELETED>    (1) steel; or</DELETED>
            <DELETED>    (2) equipment, products, or systems that are
            necessary to national security or national defense and that are
            made with steel, that is not melted and poured in the United
            States except in cases in which the steel required for the
            intended use is not melted and poured in the United
            States.</DELETED>
    <DELETED>    (b) Subsection (a) shall not apply with respect to a
    purchase that the Secretary of Defense determines is necessary for
    national security purposes.</DELETED>
    <DELETED>    Sec. 8159. (a) Findings.--The Congress finds that--
    </DELETED>
            <DELETED>    (1) in times when our national security is
            threatened by possible attacks from foreign and domestic
            enemies, it is necessary that the United States have a
            sufficient supply of certain products that are essential for
            defending this Nation; and</DELETED>
            <DELETED>    (2) it has been the consistent intent of Congress
            that the Department of Defense, when purchasing items to
            support the Armed Forces, choose items that are wholly of
            domestic content and manufacture, especially items identified
            as essential to our national defense.</DELETED>
    <DELETED>    (b) Sense of Congress.--It is the sense of Congress that--
    </DELETED>
            <DELETED>    (1) it is vital that the United States maintain a
            domestic manufacturing base for certain products necessary to
            national security, so that our Nation does not become reliant
            on foreign sources for such products and thereby vulnerable to
            disruptions in international trade; and</DELETED>
            <DELETED>    (2) in cases where such domestic manufacturing
            base is threatened, the United States should take action to
            preserve such manufacturing base.</DELETED>

                          <DELETED>TITLE IX</DELETED>

        <DELETED>COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS
                             DESTRUCTION</DELETED>

         <DELETED>Counter-Terrorism and Operational Response Transfer
                                 Fund</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>Former Soviet Union Threat Reduction</DELETED>

    <DELETED>    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.</DELETED>

     <DELETED>Procurement, Ballistic Missile Defense Organization</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

    <DELETED>Research, Development, Test and Evaluation, Ballistic Missile
                         Defense Organization</DELETED>

                   <DELETED>(including rescission)</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>Defense Against Chemical and Biological Weapons, Defense-
                                 Wide</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Defense Threat Reduction Agency</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    This division may be cited as the ``Department of Defense
    Appropriations Act, 2002''.</DELETED>

              <DELETED>DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL
                            APPROPRIATIONS</DELETED>

    <DELETED>    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:</DELETED>

                          <DELETED>CHAPTER 1</DELETED>

                  <DELETED>DEPARTMENT OF AGRICULTURE</DELETED>

                   <DELETED>Office of the Secretary</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Agriculture Buildings and Facilities and Rental
                               Payments</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>Agricultural Research Service</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>Animal and Plant Health Inspection Service</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>buildings and facilities</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>Food Safety and Inspection Service</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

                <DELETED>Food and Drug Administration</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>INDEPENDENT AGENCIES</DELETED>

            <DELETED>Commodity Futures Trading Commission</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>CHAPTER 2</DELETED>

                    <DELETED>DEPARTMENT OF JUSTICE</DELETED>

                   <DELETED>General Administration</DELETED>

              <DELETED>administrative review and appeals</DELETED>

    <DELETED>    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.</DELETED>

                      <DELETED>Legal Activities</DELETED>

       <DELETED>salaries and expenses, general legal activities</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>salaries and expenses, united states attorneys</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>salaries and expenses, united states marshals
                               service</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Federal Bureau of Investigation</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Immigration and Naturalization Service</DELETED>

                    <DELETED>salaries and expenses</DELETED>

               <DELETED>enforcement and border affairs</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>Office of Justice Programs</DELETED>

                     <DELETED>justice assistance</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>state and local law enforcement assistance</DELETED>

    <DELETED>    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.</DELETED>

                     <DELETED>crime victims fund</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>DEPARTMENT OF COMMERCE</DELETED>

             <DELETED>International Trade Administration</DELETED>

                <DELETED>operations and administration</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>Export Administration</DELETED>

                <DELETED>operations and administration</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>National Telecommunications and Information
                            Administration</DELETED>

          <DELETED>public telecommunications facilities, planning and
                             construction</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>National Oceanic and Atmospheric Administration</DELETED>

            <DELETED>operations, research, and facilities</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Departmental Management</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                        <DELETED>THE JUDICIARY</DELETED>

             <DELETED>Supreme Court of the United States</DELETED>

              <DELETED>care of the building and grounds</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>Courts of Appeals, District Courts, and Other Judicial
                               Services</DELETED>

                       <DELETED>court security</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>DEPARTMENT OF STATE AND RELATED AGENCY</DELETED>

                       <DELETED>RELATED AGENCY</DELETED>

               <DELETED>Broadcasting Board of Governors</DELETED>

            <DELETED>international broadcasting operations</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>broadcasting capital improvements</DELETED>

    <DELETED>    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.</DELETED>

                      <DELETED>RELATED AGENCIES</DELETED>

           <DELETED>Equal Employment Opportunity Commission</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>Securities and Exchange Commission</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>Small Business Administration</DELETED>

               <DELETED>disaster loans program account</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>GENERAL PROVISIONS--THIS CHAPTER</DELETED>

    <DELETED>    Sec. 201. Funds appropriated by this Act for the
    Broadcasting Board of Governors and the Department of State may be
    obligated and expended notwithstanding section 313 of the Foreign
    Relations Authorization Act, Fiscal Years 1994 and 1995, and section 15
    of the State Department Basic Authorities Act of 1956, as
    amended.</DELETED>

                          <DELETED>CHAPTER 3</DELETED>

               <DELETED>DEPARTMENT OF DEFENSE--MILITARY</DELETED>

                  <DELETED>Operation and Maintenance</DELETED>

               <DELETED>Defense Emergency Response Fund</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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:</DELETED>
            <DELETED>    (1) For increased situational awareness,
            $1,735,000,000;</DELETED>
            <DELETED>    (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;</DELETED>
            <DELETED>    (3) For improved command and control,
            $162,000,000;</DELETED>
            <DELETED>    (4) For increased worldwide posture,
            $2,801,000,000;</DELETED>
            <DELETED>    (5) For offensive counterterrorism, $769,000,000,
            of which $237,000,000 is for the Special Operations
            Command;</DELETED>
            <DELETED>    (6) For initial crisis response,
            $108,000,000;</DELETED>
            <DELETED>    (7) For the Pentagon Reservation Maintenance
            Revolving Fund, $925,000,000:</DELETED>
    <DELETED>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.</DELETED>

              <DELETED>GENERAL PROVISIONS--THIS CHAPTER</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    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).</DELETED>
    <DELETED>    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.</DELETED>

                          <DELETED>CHAPTER 4</DELETED>

                    <DELETED>DISTRICT OF COLUMBIA</DELETED>

                        <DELETED>FEDERAL FUNDS</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                 <DELETED>DISTRICT OF COLUMBIA FUNDS</DELETED>

                    <DELETED>DIVISION OF EXPENSES</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    For Specialized Hazardous Materials Equipment, to remain
    available until expended, $1,032,342, for the Fire and Emergency
    Medical Services Department.</DELETED>
    <DELETED>    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.</DELETED>
    <DELETED>    For Pharmaceuticals for Responders, to remain available
    until expended, $2,100,000, for the Department of Health.</DELETED>

                          <DELETED>CHAPTER 5</DELETED>

                <DELETED>DEPARTMENT OF DEFENSE--CIVIL</DELETED>

                  <DELETED>Corps of Engineers--Civil</DELETED>

             <DELETED>Operation and Maintenance, General</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>DEPARTMENT OF THE INTERIOR</DELETED>

                    <DELETED>Bureau of Reclamation</DELETED>

                 <DELETED>water and related resources</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>DEPARTMENT OF ENERGY</DELETED>

          <DELETED>National Nuclear Security Administration</DELETED>

                     <DELETED>weapons activities</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>defense nuclear nonproliferation</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES</DELETED>

             <DELETED>Defense Environmental Restoration and Waste
                              Management</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Other Defense Activities</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>CHAPTER 6</DELETED>

                 <DELETED>DEPARTMENT OF THE INTERIOR</DELETED>

                    <DELETED>National Park Service</DELETED>

            <DELETED>operation of the national park system</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>united states park police</DELETED>

    <DELETED>    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.</DELETED>

                        <DELETED>construction</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>Departmental Offices</DELETED>

                   <DELETED>Departmental Management</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>OTHER RELATED AGENCIES</DELETED>

                   <DELETED>SMITHSONIAN INSTITUTION</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>National Gallery of Art</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

       <DELETED>JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS</DELETED>

                 <DELETED>operations and maintenance</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>NATIONAL CAPITAL PLANNING COMMISSION</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                          <DELETED>CHAPTER 7</DELETED>

                     <DELETED>DEPARTMENT OF LABOR</DELETED>

         <DELETED>State Unemployment Insurance and Employment Service
                              Operations</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>Pension and Welfare Benefits Administration</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>Occupational Safety and Health Administration</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                   <DELETED>Departmental Management</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

      <DELETED>public health and social services emergency fund</DELETED>

    <DELETED>    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
    (reduced by $100,000,000) (increased by $100,000,000), to remain
    available until expended, to be obligated from amounts made available
    in Public Law 107-38.</DELETED>

                   <DELETED>DEPARTMENT OF EDUCATION</DELETED>

                 <DELETED>school improvement programs</DELETED>

    <DELETED>    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.</DELETED>

                      <DELETED>RELATED AGENCIES</DELETED>

               <DELETED>National Labor Relations Board</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>Social Security Administration</DELETED>

            <DELETED>limitation on administrative expenses</DELETED>

    <DELETED>  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.</DELETED>

                          <DELETED>CHAPTER 8</DELETED>

                     <DELETED>LEGISLATIVE BRANCH</DELETED>

         <DELETED>Legislative Branch Emergency Response Fund</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>HOUSE OF REPRESENTATIVES</DELETED>

                  <DELETED>Administrative Provisions</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    (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--</DELETED>
            <DELETED>    (1) agreements with the United States Capitol
            Police or any other entity relating to the policing of such
            building or facility; and</DELETED>
            <DELETED>    (2) agreements with the Architect of the Capitol
            or any other entity relating to the care and maintenance of
            such building or facility.</DELETED>
    <DELETED>    (c) Authority of Capitol Police and Architect.--</DELETED>
            <DELETED>    (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).</DELETED>
            <DELETED>    (2) Capitol police.--Section 9 of the Act of July
            31, 1946 (40 U.S.C. 212a) is amended--</DELETED>
                    <DELETED>    (A) by striking ``The Capitol Police'' and
                    inserting ``(a) The Capitol Police''; and</DELETED>
                    <DELETED>    (B) by adding at the end the following new
                    subsection:</DELETED>
    <DELETED>    ``(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.''.</DELETED>
    <DELETED>    (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).</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    Sec. 802. (a) Notwithstanding any other provision of law--
    </DELETED>
            <DELETED>    (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</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) This section shall apply with respect to fiscal year
    2002 and each succeeding fiscal year.</DELETED>

                  <DELETED>OTHER LEGISLATIVE BRANCH</DELETED>

                  <DELETED>Administrative Provisions</DELETED>

    <DELETED>    Sec. 803. (a) Section 1(c) of Public Law 96-152 (40 U.S.C.
    206-1) is amended by striking ``but not to exceed'' and all that
    follows and inserting the following: ``but not to exceed $2,500 less
    than the lesser of the annual salary for the Sergeant at Arms of the
    House of Representatives or the annual salary for the Sergeant at Arms
    and Doorkeeper of the Senate.''.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    Sec. 804. 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.</DELETED>
    <DELETED>    Sec. 805. (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:</DELETED>
    <DELETED>    ``(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.</DELETED>
    <DELETED>    ``(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.''.</DELETED>
    <DELETED>    (b) The amendment made by subsection (a) shall apply with
    respect to fiscal year 2002 and each succeeding fiscal year.</DELETED>
    <DELETED>    Sec. 806. (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.</DELETED>
    <DELETED>    (b) Terms of Assistance.--Assistance under this section
    shall be provided--</DELETED>
            <DELETED>    (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);</DELETED>
            <DELETED>    (2) upon the advance written request of--
            </DELETED>
                    <DELETED>    (A) the Chairman of the Capitol Police
                    Board; or</DELETED>
                    <DELETED>    (B) in the absence of the Chairman of the
                    Capitol Police Board--</DELETED>
                            <DELETED>    (i) the Sergeant at Arms and
                            Doorkeeper of the Senate, in the case of any
                            matter relating to the Senate; or</DELETED>
                            <DELETED>    (ii) the Sergeant at Arms of the
                            House of Representatives, in the case of any
                            matter relating to the House; and</DELETED>
            <DELETED>    (3) either--</DELETED>
                    <DELETED>    (A) on a temporary and reimbursable basis;
                    or</DELETED>
                    <DELETED>    (B) on a permanent reimbursable basis upon
                    advance written request of the Chairman of the Capitol
                    Police Board.</DELETED>
    <DELETED>    (c) Reports on Expenditures for Assistance.--</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
            <DELETED>    (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.</DELETED>
    <DELETED>    (d) Effective Date.--This section shall apply with respect
    to fiscal year 2002 and each succeeding fiscal year.</DELETED>
    <DELETED>    Sec. 807. (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.</DELETED>
    <DELETED>    (b) Any amounts transferred pursuant to subsection (a)
    shall remain available for the use of the Architect of the Capitol
    until expended.</DELETED>
    <DELETED>    (c) This section shall apply with respect to fiscal year
    2002 and each succeeding fiscal year.</DELETED>
    <DELETED>    Sec. 808. (a) Section 1 of Public Law 93-180 (40 U.S.C.
    166d) is amended--</DELETED>
            <DELETED>    (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'';</DELETED>
            <DELETED>    (2) by inserting ``the United States Capitol
            Police,'' after ``Representatives,''; and</DELETED>
            <DELETED>    (3) by striking ``as such Commission and committee
            may authorize'' and inserting ``as the Architect deems
            reasonable and appropriate''.</DELETED>
    <DELETED>    (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.</DELETED>
    <DELETED>    (c) The amendment made by subsection (a) shall apply with
    respect to fiscal year 2002 and each succeeding fiscal year.</DELETED>
    <DELETED>    Sec. 809. (a) Public Law 107-68 is amended in the item
    relating to ``ARCHITECT OF THE CAPITOL--Capitol Visitor Center''--
    </DELETED>
            <DELETED>    (1) by striking ``unassigned space in
            the'';</DELETED>
            <DELETED>    (2) by striking ``for House space''; and</DELETED>
            <DELETED>    (3) by striking ``for Senate space''.</DELETED>
    <DELETED>    (b) The amendment made by subsection (a) shall take effect
    as if included in the enactment of Public Law 107-68.</DELETED>
    <DELETED>    Sec. 810. (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:</DELETED>
    <DELETED>    ``(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.''.</DELETED>
    <DELETED>    (b) The amendment made by subsection (a) shall apply with
    respect to pay periods beginning on or after October 1, 2001.</DELETED>
    <DELETED>    Sec. 811. (a) Public Law 107-68 is amended by adding at
    the end the following:</DELETED>
    <DELETED>    ``This Act may be cited as the `Legislative Branch
    Appropriations Act, 2002'.''.</DELETED>
    <DELETED>    (b) The amendment made by subsection (a) shall take effect
    as if included in the enactment of Public Law 107-68.</DELETED>

                          <DELETED>CHAPTER 9</DELETED>

                    <DELETED>DEPARTMENT OF DEFENSE</DELETED>

                    <DELETED>MILITARY CONSTRUCTION</DELETED>

                 <DELETED>MILITARY CONSTRUCTION, ARMY</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>MILITARY CONSTRUCTION, NAVY</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>MILITARY CONSTRUCTION, AIR FORCE</DELETED>

    <DELETED>    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.</DELETED>

              <DELETED>GENERAL PROVISIONS--THIS CHAPTER</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

                         <DELETED>CHAPTER 10</DELETED>

                <DELETED>DEPARTMENT OF TRANSPORTATION</DELETED>

                   <DELETED>OFFICE OF THE SECRETARY</DELETED>

                    <DELETED>Salaries and Expenses</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Transportation Security Administration</DELETED>

    <DELETED>    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.</DELETED>

     <DELETED>Aircraft Passenger and Baggage Screening Activities</DELETED>

    <DELETED>    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
    (increased by $250,000,000), 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.</DELETED>

                         <DELETED>COAST GUARD</DELETED>

                     <DELETED>Operating Expenses</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>FEDERAL AVIATION ADMINISTRATION</DELETED>

                         <DELETED>Operations</DELETED>

               <DELETED>(airport and airway trust fund)</DELETED>

    <DELETED>    For emergency expenses to respond to the September 11,
    2001, terrorist attacks on the United States, for ``Operations,''
    $291,500,000, to remain available until expended, to be obligated from
    amounts made available in Public Law 107-38.</DELETED>

                  <DELETED>Facilities and Equipment</DELETED>

               <DELETED>(airport and airway trust fund)</DELETED>

    <DELETED>    For emergency expenses to respond to the September 11,
    2001, terrorist attacks on the United States, for ``Facilities and
    Equipment'', $175,000,000, to remain available until expended, to be
    obligated from amounts made available in Public Law 107-38.</DELETED>

               <DELETED>FEDERAL HIGHWAY ADMINISTRATION</DELETED>

                    <DELETED>Federal-Aid Highways</DELETED>

                  <DELETED>Emergency Relief Program</DELETED>

                    <DELETED>(highway trust fund)</DELETED>

    <DELETED>    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 remain available until expended, to be
    included in the total of amounts made available in Public Law 107-
    38.</DELETED>

               <DELETED>FEDERAL RAILROAD ADMINISTRATION</DELETED>

                    <DELETED>Safety and Operations</DELETED>

    <DELETED>    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.</DELETED>

               <DELETED>FEDERAL TRANSIT ADMINISTRATION</DELETED>

                       <DELETED>Formula Grants</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION</DELETED>

                <DELETED>Research and Special Programs</DELETED>

    <DELETED>    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.</DELETED>

                       <DELETED>RELATED AGENCY</DELETED>

            <DELETED>NATIONAL TRANSPORTATION SAFETY BOARD</DELETED>

                    <DELETED>Salaries and Expenses</DELETED>

    <DELETED>    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.</DELETED>

                         <DELETED>CHAPTER 11</DELETED>

                 <DELETED>DEPARTMENT OF THE TREASURY</DELETED>

                    <DELETED>Departmental Offices</DELETED>

      <DELETED>Treasury Inspector General for Tax Administration</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>Financial Crimes Enforcement Network</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

           <DELETED>Federal Law Enforcement Training Center</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>acquisition, construction, improvements and related
                               expenses</DELETED>

    <DELETED>    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).</DELETED>

           <DELETED>Bureau of Alcohol, Tobacco and Firearms</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>United States Customs Service</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>
    <DELETED>    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.</DELETED>

        <DELETED>operation, maintenance and procurement, air and marine
                        interdiction programs</DELETED>

    <DELETED>    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.</DELETED>

                  <DELETED>Internal Revenue Service</DELETED>

                     <DELETED>tax law enforcement</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>United States Secret Service</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>INDEPENDENT AGENCIES</DELETED>

               <DELETED>General Services Administration</DELETED>

                  <DELETED>real property activities</DELETED>

                   <DELETED>federal buildings fund</DELETED>

    <DELETED>    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.</DELETED>

                         <DELETED>CHAPTER 12</DELETED>

               <DELETED>DEPARTMENT OF VETERANS AFFAIRS</DELETED>

                 <DELETED>Departmental Administration</DELETED>

                 <DELETED>general operating expenses</DELETED>

    <DELETED>    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.</DELETED>

         <DELETED>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</DELETED>

                <DELETED>Management and Administration</DELETED>

                 <DELETED>office of inspector general</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>INDEPENDENT AGENCIES</DELETED>

               <DELETED>Environmental Protection Agency</DELETED>

                   <DELETED>science and technology</DELETED>

    <DELETED>    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.</DELETED>

            <DELETED>environmental programs and management</DELETED>

    <DELETED>    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.</DELETED>

                <DELETED>hazardous substance superfund</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>state and tribal assistance grants</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>Federal Emergency Management Agency</DELETED>

                       <DELETED>disaster relief</DELETED>

    <DELETED>    For emergency expenses to respond to the September 11,
    2001, terrorist attacks on the United States, for ``Disaster relief'',
    $4,345,000,000, to remain available until expended, to be obligated
    from amounts made available in Public Law 107-38.</DELETED>

        <DELETED>emergency management planning and assistance</DELETED>

    <DELETED>    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.</DELETED>

                    <DELETED>salaries and expenses</DELETED>

    <DELETED>    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.</DELETED>

        <DELETED>National Aeronautics and Space Administration</DELETED>

                     <DELETED>human space flight</DELETED>

    <DELETED>    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.</DELETED>

             <DELETED>science, aeronautics and technology</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>office of inspector general</DELETED>

    <DELETED>    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.</DELETED>

                 <DELETED>National Science Foundation</DELETED>

               <DELETED>research and related activities</DELETED>

    <DELETED>    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.</DELETED>

                         <DELETED>CHAPTER 13</DELETED>

              <DELETED>GENERAL PROVISION--THIS DIVISION</DELETED>

    <DELETED>    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.</DELETED>

                         <DELETED>CHAPTER 14</DELETED>

     <DELETED>ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS</DELETED>

           <DELETED>DEPARTMENT OF HEALTH AND HUMAN SERVICES</DELETED>

         <DELETED>Centers for Disease Control and Prevention</DELETED>

           <DELETED>disease control, research, and training</DELETED>

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

                <DELETED>National Institutes of Health</DELETED>

     <DELETED>national institute of environmental health sciences</DELETED>

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

         <DELETED>DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT</DELETED>

             <DELETED>Community Planning and Development</DELETED>

                 <DELETED>community development fund</DELETED>

    <DELETED>    For emergency expenses to respond to the September 11,
    2001, terrorist attacks on the United States, for ``Community
    Development Fund'', $1,825,000,000, to remain available until expended,
    to be obligated from amounts made available in Public Law 107-38:
    Provided, That such funds shall be subject to the first through sixth
    provisos in section 434 of the Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 2002: Provided further, That, of the amount provided in this
    paragraph, $10,000,000 shall be used for a program to aid the travel
    and tourism industry in New York City.</DELETED>

                     <DELETED>DEPARTMENT OF LABOR</DELETED>

           <DELETED>Employment and Training Administration</DELETED>

              <DELETED>training and employment services</DELETED>

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

             <DELETED>State Unemployment Security Office</DELETED>

                <DELETED>workers compensation programs</DELETED>

                <DELETED>(including transfer of funds)</DELETED>

    <DELETED>    For emergency expenses to respond to the September 11,
    2001, terrorist attacks on the United States, for ``Workers
    Compensation Programs'', $175,000,000, to remain available until
    expended, to be obligated from amounts made available in Public Law
    107-38: Provided, That, of such amount, $125,000,000 shall be for
    payment to the New York State Workers Compensation Review Board, for
    the processing of claims related to the terrorist attacks: Provided
    further, That, of such amount, $25,000,000 shall be for payment to the
    New York State Uninsured Employers Fund, for reimbursement of claims
    related to the terrorist attacks: Provided further, That, of such
    amount, $25,000,000 shall be for payment to the New York State
    Uninsured Employers Fund, for reimbursement of claims related to the
    first response emergency services personnel who were injured, were
    disabled, or died due to the terrorist attacks.</DELETED>
    <DELETED>    This division may be cited as the ``Emergency Supplemental
    Act, 2002''.</DELETED>

          <DELETED>DIVISION C--ADDITIONAL GENERAL PROVISIONS</DELETED>

    <DELETED>    Sec. 2101. None of the funds made available in division A
    of this Act may be used to provide support or other assistance to the
    International Criminal Court or to any criminal investigation or other
    prosecutorial activity of the International Criminal Court.</DELETED>
    <DELETED>    Sec. 2102. (a) Occoquan River, Virginia.--The project for
    navigation, Occoquan Creek, Virginia, authorized by the first section
    of the Act entitled ``An Act making appropriations for the
    construction, repair, and preservation of certain public works on
    rivers and harbors, and for other purposes'', approved September 19,
    1890 (26 Stat. 440), is modified to direct the Secretary of the Army--
    </DELETED>
            <DELETED>    (1) to deepen the project to a depth of 9 feet;
            and</DELETED>
            <DELETED>    (2) to widen the project between Channel Marker
            Number 2 and the bridge at United States Route 1 to a width of
            200 feet.</DELETED>
    <DELETED>    (b) Availability of Funds.--Amounts appropriated to carry
    out the project referred to in subsection (a) by the Energy and Water
    Development Appropriations Act, 2001 (as enacted into law by Public Law
    106-377), shall be made available to carry out the modifications to the
    project under subsection (a).</DELETED>
    <DELETED>    (c) Project Redesignation.--</DELETED>
            <DELETED>    (1) In general.--The project referred to in
            subsection (a) shall be known and designated as the ``project
            for navigation, Occoquan River, Virginia''.</DELETED>
            <DELETED>    (2) References.--Any reference in a law, map,
            regulation, document, paper, or other record of the United
            States to the project referred to in subsection (a) shall be
            deemed to be a reference to the ``project for navigation,
            Occoquan River, Virginia''.</DELETED>

             DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

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

                                    TITLE I

                               MILITARY PERSONNEL

                            Military Personnel, Army

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

                            Military Personnel, Navy

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

                        Military Personnel, Marine Corps

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

                         Military Personnel, Air Force

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

                            Reserve Personnel, Army

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

                            Reserve Personnel, Navy

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

                        Reserve Personnel, Marine Corps

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

                          Reserve Personnel, Air Force

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

                         National Guard Personnel, Army

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

                      National Guard Personnel, Air Force

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

                                    TITLE II

                           OPERATION AND MAINTENANCE

                        Operation and Maintenance, Army

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

                        Operation and Maintenance, Navy

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

                    Operation and Maintenance, Marine Corps

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

                      Operation and Maintenance, Air Force

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

                    Operation and Maintenance, Defense-Wide

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

                    Operation and Maintenance, Army Reserve

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

                    Operation and Maintenance, Navy Reserve

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

                Operation and Maintenance, Marine Corps Reserve

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

                  Operation and Maintenance, Air Force Reserve

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

                 Operation and Maintenance, Army National Guard

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

                 Operation and Maintenance, Air National Guard

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

              United States Courts of Appeals for the Armed Forces

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

                        Environmental Restoration, Army

                         (including transfer of funds)

        For the Department of the Army, $389,800,000, to remain available
    until transferred: Provided, That the Secretary of the Army shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris of the Department of the Army, or for similar purposes,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of the Army, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation.

                        Environmental Restoration, Navy

                         (including transfer of funds)

        For the Department of the Navy, $257,517,000, to remain available
    until transferred: Provided, That the Secretary of the Navy shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris of the Department of the Navy, or for similar purposes,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of the Navy, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation.

                      Environmental Restoration, Air Force

                         (including transfer of funds)

        For the Department of the Air Force, $385,437,000, to remain
    available until transferred: Provided, That the Secretary of the Air
    Force shall, upon determining that such funds are required for
    environmental restoration, reduction and recycling of hazardous waste,
    removal of unsafe buildings and debris of the Department of the Air
    Force, or for similar purposes, transfer the funds made available by
    this appropriation to other appropriations made available to the
    Department of the Air Force, to be merged with and to be available for
    the same purposes and for the same time period as the appropriations to
    which transferred: Provided further, That upon a determination that all
    or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation.

                    Environmental Restoration, Defense-Wide

                         (including transfer of funds)

        For the Department of Defense, $23,492,000, to remain available
    until transferred: Provided, That the Secretary of Defense shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris of the Department of Defense, or for similar purposes,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of Defense, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation.

             Environmental Restoration, Formerly Used Defense Sites

                         (including transfer of funds)

        For the Department of the Army, $230,255,000, to remain available
    until transferred: Provided, That the Secretary of the Army shall, upon
    determining that such funds are required for environmental restoration,
    reduction and recycling of hazardous waste, removal of unsafe buildings
    and debris at sites formerly used by the Department of Defense,
    transfer the funds made available by this appropriation to other
    appropriations made available to the Department of the Army, to be
    merged with and to be available for the same purposes and for the same
    time period as the appropriations to which transferred: Provided
    further, That upon a determination that all or part of the funds
    transferred from this appropriation are not necessary for the purposes
    provided herein, such amounts may be transferred back to this
    appropriation.

                 Overseas Humanitarian, Disaster, and Civic Aid

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

                      Former Soviet Union Threat Reduction

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

            Support for International Sporting Competitions, Defense

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

                                   TITLE III

                                  PROCUREMENT

                           Aircraft Procurement, Army

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

                           Missile Procurement, Army

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

            Procurement of Weapons and Tracked Combat Vehicles, Army

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

                        Procurement of Ammunition, Army

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

                            Other Procurement, Army

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

                           Aircraft Procurement, Navy

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

                           Weapons Procurement, Navy

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

                Procurement of Ammunition, Navy and Marine Corps

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

                       Shipbuilding and Conversion, Navy

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

                            Other Procurement, Navy

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

                           Procurement, Marine Corps

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

                        Aircraft Procurement, Air Force

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

                         Missile Procurement, Air Force

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

                      Procurement of Ammunition, Air Force

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

                          Other Procurement, Air Force

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

                           Procurement, Defense-Wide

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

                        Defense Production Act Purchases

        For activities by the Department of Defense pursuant to sections
    108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
    App. 2078, 2091, 2092, and 2093), $15,000,000 to remain available until
    expended.

                      National Guard and Reserve Equipment

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

                                    TITLE IV

                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION

                Research, Development, Test and Evaluation, Army

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

                Research, Development, Test and Evaluation, Navy

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

             Research, Development, Test and Evaluation, Air Force

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

            Research, Development, Test and Evaluation, Defense-Wide

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

                    Operational Test and Evaluation, Defense

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

                                    TITLE V

                         REVOLVING AND MANAGEMENT FUNDS

                         Defense Working Capital Funds

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

                         National Defense Sealift Fund

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

                                    TITLE VI

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

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

                Chemical Agents and Munitions Destruction, Army

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

             Drug Interdiction and Counter-Drug Activities, Defense

                         (including transfer of funds)

        For drug interdiction and counter-drug activities of the Department
    of Defense, for transfer to appropriations available to the Department
    of Defense for military personnel of the reserve components serving
    under the provisions of title 10 and title 32, United States Code; for
    Operation and maintenance; for Procurement; and for Research,
    development, test and evaluation, $865,981,000: Provided, That the
    funds appropriated under this heading shall be available for obligation
    for the same time period and for the same purpose as the appropriation
    to which transferred: Provided further, That upon a determination that
    all or part of the funds transferred from this appropriation are not
    necessary for the purposes provided herein, such amounts may be
    transferred back to this appropriation: Provided further, That the
    transfer authority provided under this heading is in addition to any
    other transfer authority contained elsewhere in this Act.

                        Office of the Inspector General

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

                                   TITLE VII

                                RELATED AGENCIES

                          CENTRAL INTELLIGENCE AGENCY

       Central Intelligence Agency Retirement and Disability System Fund

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

                   INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

                   Intelligence Community Management Account

                         (including transfer of funds)

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

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

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

                     National Security Education Trust Fund

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

                                   TITLE VIII

                   GENERAL PROVISIONS--DEPARTMENT OF DEFENSE

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

                              (transfer of funds)

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

                              (transfer of funds)

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

                              (transfer of funds)

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

                         (including transfer of funds)

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

                         (including transfer of funds)

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

                              (transfer of funds)

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

                                 (rescissions)

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

                              (transfer of funds)

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

                         (including transfer of funds)

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

                         (including transfer of funds)

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

                              (transfer of funds)

        Sec. 8122. Upon enactment of this Act, the Secretary of the Navy
    shall make the following transfers of funds: Provided, That the amounts
    transferred shall be available for the same purposes as the
    appropriations to which transferred, and for the same time period as
    the appropriation from which transferred: Provided further, That the
    amounts shall be transferred between the following appropriations in
    the amount specified:
                From:
                        Under the heading, ``Shipbuilding and Conversion,
                    Navy, 1990/2002'':
                                TRIDENT ballistic missile submarine
                            program, $78,000;
                                SSN-21 attack submarine program, $66,000;
                                DDG-51 destroyer program, $6,100,000;
                                ENTERPRISE refueling modernization program,
                            $964,000;
                                LSD-41 dock landing ship cargo variant ship
                            program, $237,000;
                                MCM mine countermeasures program, $118,000;
                                Oceanographic ship program, $2,317,000;
                                AOE combat support ship program, $164,000;
                                AO conversion program, $56,000;
                                Coast Guard icebreaker ship program,
                            $863,000;
                                Craft, outfitting, post delivery, and ship
                            special support equipment, $529,000;
                To:
                        Under the heading, ``Shipbuilding and Conversion,
                    Navy, 1998/2002'':
                                DDG-51 destroyer program, $11,492,000;
                From:
                        Under the heading, ``Shipbuilding and Conversion,
                    Navy, 1993/2002'':
                                DDG-51 destroyer program, $3,986,000;
                                LHD-1 amphibious assault ship program,
                            $85,000;
                                LSD-41 dock landing ship cargo variant
                            program, $428,000;
                                AOE combat support ship program, $516,000;
                                Craft, outfitting, post delivery, and first
                            destination transportation, and inflation
                            adjustments, $1,034,000;
                To:
                        Under the heading, ``Shipbuilding, and Conversion,
                    Navy, 1998/2002'':
                                DDG-51 destroyer program, $6,049,000;
                From:
                        Under the heading, ``Other Procurement, Navy, 2001/
                    2003'':
                                Shallow Water MCM, $16,248,000;
                To:
                        Under the heading, ``Shipbuilding and Conversion,
                    Navy, 2001/2005'':
                                Submarine Refuelings, $16,248,000.
        Sec. 8123. (a) The Secretary of Defense shall convey to Gwitchyaa
    Zhee Corporation the lands withdrawn by Public Land Order No. 1996, Lot
    1 of United States Survey 7008, Public Land Order No. 1396, a portion
    of Lot 3 of United States Survey 7161, lands reserved pursuant to the
    instructions set forth at page 513 of volume 44 of the Interior Land
    Decisions issued January 13, 1916, Lot 13 of United States Survey 7161,
    Lot 1 of United States Survey 7008 described in Public Land Order No.
    1996, and Lot 13 of the United States Survey 7161 reserved pursuant to
    the instructions set forth at page 513 of volume 44 of the Interior
    Land Decisions issued January 13, 1916.
        (b) Following site restoration and survey by the Department of the
    Air Force that portion of Lot 3 of United States Survey 7161 withdrawn
    by Public Land Order No. 1396 and no longer needed by the Air Force
    shall be conveyed to Gwitchyaa Zhee Corporation.
        Sec. 8124. The Secretary of the Navy may settle, or compromise, and
    pay any and all admiralty claims under 10 U.S.C. 7622 arising out of
    the collision involving the USS GREENEVILLE and the EHIME MARU, in any
    amount and without regard to the monetary limitations in subsections
    (a) and (b) of that section: Provided, That such payments shall be made
    from funds available to the Department of the Navy for operation and
    maintenance.
        Sec. 8125. (a) Not later than February 1, 2002, the Secretary of
    Defense shall report to the congressional defense committees on the
    status of the safety and security of munitions shipments that use
    commercial trucking carriers within the United States.
        (b) Report Elements.--The report under subsection (a) shall include
    the following:
                (1) An assessment of the Department of Defense's policies
            and practices for conducting background investigations of
            current and prospective drivers of munitions shipments.
                (2) A description of current requirements for periodic
            safety and security reviews of commercial trucking carriers
            that carry munitions.
                (3) A review of the Department of Defense's efforts to
            establish uniform safety and security standards for cargo
            terminals not operated by the Department that store munitions
            shipments.
                (4) An assessment of current capabilities to provide for
            escort security vehicles for shipments that contain dangerous
            munitions or sensitive technology, or pass through high-risk
            areas.
                (5) A description of current requirements for depots and
            other defense facilities to remain open outside normal
            operating hours to receive munitions shipments.
                (6) Legislative proposals, if any, to correct deficiencies
            identified by the Department of Defense in the report under
            subsection (a).
        (c) Not later than six months after enactment of this Act, the
    Secretary shall report to Congress on safety and security procedures
    used for U.S. munitions shipments in European NATO countries, and
    provide recommendations on what procedures or technologies used in
    those countries should be adopted for shipments in the United States.
        Sec. 8126. In addition to the amounts appropriated or otherwise
    made available elsewhere in this Act for the Department of Defense,
    $15,000,000, to remain available until September 30, 2002 is hereby
    appropriated to the Department of Defense: Provided, That the Secretary
    of Defense shall make a grant in the amount of $15,000,000 to the
    Padgett Thomas Barracks in Charleston, South Carolina.
        Sec. 8127. (a) Designated Special Events of National
    Significance.--
                (1) Notwithstanding any other provision of law, at events
            determined by the President to be special events of national
            significance for which the United States Secret Service is
            authorized pursuant to Section 3056(e)(1), title 18, United
            States Code, to plan, coordinate, and implement security
            operations, the Secretary of Defense, after consultation with
            the Secretary of the Treasury, shall provide assistance on a
            temporary basis without reimbursement in support of the United
            States Secret Service's duties related to such designated
            events.
                (2) Assistance under this subsection shall be provided in
            accordance with an agreement that shall be entered into by the
            Secretary of Defense and the Secretary of the Treasury within
            120 days of the enactment of this Act.
        (b) Report on Assistance.--Not later than January 30 of each year
    following a year in which the Secretary of Defense provides assistance
    under this section, the Secretary shall submit to Congress a report on
    the assistance provided. The report shall set forth--
                (1) a description of the assistance provided; and
                (2) the amount expended by the Department in providing the
            assistance.
        (c) Relationship to Other Laws.--The assistance provided under this
    section shall not be subject to the provisions of sections 375 and 376
    of this title.
        Sec. 8128. Multi-Year Aircraft Lease Pilot Program. (a) The
    Secretary of the Air Force may, from funds provided in this Act or any
    future appropriations Act, establish a multi-year pilot program for
    leasing general purpose Boeing 767 aircraft in commercial
    configuration.
        (b) Sections 2401 and 2401a of title 10, United States Code, shall
    not apply to any aircraft lease authorized by this section.
        (c) Under the aircraft lease Pilot Program authorized by this
    section:
                (1) The Secretary may include terms and conditions in lease
            agreements that are customary in aircraft leases by a non-
            Government lessor to a non-Government lessee, but only those
            that are not inconsistent with any of the terms and conditions
            mandated herein.
                (2) The term of any individual lease agreement into which
            the Secretary enters under this section shall not exceed 10
            years, inclusive of any options to renew or extend the initial
            lease term.
                (3) The Secretary may provide for special payments in a
            lessor if the Secretary terminates or cancels the lease prior
            to the expiration of its term. Such special payments shall not
            exceed an amount equal to the value of one year's lease payment
            under the lease.
                (4) Subchapter IV of chapter 15 of Title 31, United States
            Code shall apply to the lease transactions under this section,
            except that the limitation in section 1553(b)(2) shall not
            apply.
                (5) The Secretary shall lease aircraft under terms and
            conditions consistent with this section and consistent with the
            criteria for an operating lease as defined in OMB Circular A-
            11, as in effect at the time of the lease.
                (6) Lease arrangements authorized by this section may not
            commence until:
                        (A) The Secretary submits a report to the
                    congressional defense committees outlining the plans
                    for implementing the Pilot Program. The report shall
                    describe the terms and conditions of proposed contracts
                    and describe the expected savings, if any, comparing
                    total costs, including operation, support, acquisition,
                    and financing, of the lease, including modification,
                    with the outright purchase of the aircraft as modified.
                        (B) A period of not less than 30 calendar days has
                    elapsed after submitting the report.
                (7) Not later than 1 year after the date on which the first
            aircraft is delivered under this Pilot Program, and yearly
            thereafter on the anniversary of the first delivery, the
            Secretary shall submit a report to the congressional defense
            committees describing the status of the Pilot Program. The
            Report will be based on at least 6 months of experience in
            operating the Pilot Program.
                (8) The Air Force shall accept delivery of the aircraft in
            a general purpose configuration.
                (9) At the conclusion of the lease term, each aircraft
            obtained under that lease may be returned to the contractor in
            the same configuration in which the aircraft was delivered.
                (10) The present value of the total payments over the
            duration of each lease entered into under this authority shall
            not exceed 90 percent of the fair market value of the aircraft
            obtained under that lease.
        (d) No lease entered into under this authority shall provide for--
                (1) the modification of the general purpose aircraft from
            the commercial configuration, unless and until separate
            authority for such conversion is enacted and only to the extent
            budget authority is provided in advance in appropriations Acts
            for that purpose; or
                (2) the purchase of the aircraft by, or the transfer of
            ownership to, the Air Force.
        (e) The authority granted to the Secretary of the Air Force by this
    section is separate from and in addition to, and shall not be construed
    to impair or otherwise affect, the authority of the Secretary to
    procure transportation or enter into leases under a provision of law
    other than this section.
        (f) The authority provided under this section may be used to lease
    not more than a total of one hundred aircraft for the purposes
    specified herein.
        Sec. 8129. From within amounts made available in the Title II of
    this Act, under the heading ``Operation and Maintenance, Army National
    Guard'', and notwithstanding any other provision of law, $2,500,000
    shall be available only for repairs and safety improvements to the
    segment of Camp McCain Road which extends from Highway 8 south toward
    the boundary of Camp McCain, Mississippi and originating intersection
    of Camp McCain Road; and for repairs and safety improvements to the
    segment of Greensboro Road which connects the Administration Offices of
    Camp McCain to the Troutt Rifle Range: Provided, That these funds shall
    remain available until expended: Provided further, That the authorized
    scope of work includes, but is not limited to, environmental
    documentation and mitigation, engineering and design, improving safety,
    resurfacing, widening lanes, enhancing shoulders, and replacing signs
    and pavement markings.
        Sec. 8130. From funds made available under Title II of this Act,
    the Secretary of the Army may make available a grant of $3,000,000 to
    the Chicago Park District for renovation of the Broadway Armory, a
    former National Guard facility in the Edgewater community in Chicago.
        Sec. 8131. Notwithstanding any other provision of law, none of the
    funds in this Act may be used to alter specifications for insulation to
    be used on U.S. naval ships or for the procurement of insulation
    materials different from those in use as of November 1, 2001, until the
    Department of Defense certifies to the Appropriations Committees that
    the proposed specification changes or proposed new insulation materials
    will be as safe, provide no increase in weight, and will not increase
    maintenance requirements when compared to the insulation material
    currently used.
        Sec. 8132. The provisions of S. 746 of the 107th Congress, as
    reported to the Senate on September 21, 2001, are hereby enacted into
    law.
        Sec. 8133. (a)(1) Chapter 131 of title 10, United States Code, is
    amended by adding at the end the following new section:
    ``Sec. 2228. Department of Defense strategic loan and loan guaranty
                  program
        ``(a) Authority.--The Secretary of Defense may carry out a program
    to make direct loans and guarantee loans for the purpose of supporting
    the attainment of the objectives set forth in subsection (b).
        ``(b) Objectives.--The Secretary may, under the program, make a
    direct loan to an applicant or guarantee the payment of the principal
    and interest of a loan made to an applicant upon the Secretary's
    determination that the applicant's use of the proceeds of the loan will
    support the attainment of any of the following objectives:
                ``(1) Sustain the readiness of the United States to carry
            out the national security objectives of the United States
            through the guarantee of steady domestic production of items
            necessary for low intensity conflicts to counter terrorism or
            other imminent threats to the national security of the United
            States.
                ``(2) Sustain the economic stability of strategically
            important domestic sectors of the defense industry that
            manufacture or construct products for low-intensity conflicts
            and counter terrorism to respond to attacks on United States
            national security and to protect potential United States
            civilian and military targets from attack.
                ``(3) Sustain the production and use of systems that are
            critical for the exploration and development of new domestic
            energy sources for the United States.
        ``(c) Conditions.--A loan made or guaranteed under the program
    shall meet the following requirements:
                ``(1) The period for repayment of the loan may not exceed
            five years.
                ``(2) The loan shall be secured by primary collateral that
            is sufficient to pay the total amount of the unpaid principal
            and interest of the loan in the event of default.
        ``(d) Evaluation of Cost.--As part of the consideration of each
    application for a loan or for a guarantee of the loan under the
    program, the Secretary shall evaluate the cost of the loan within the
    meaning of section 502(5) of the Federal Credit Reform Act of 1990 (2
    U.S.C. 661a(5)).''.
        (2) The table of sections at the beginning of such section is
    amended by adding at the end the following new item:

    ``2228. Department of Defense strategic loan and loan guaranty
                                program.''.
        (b) Of the amounts appropriated by Public Law 107-38, there shall
    be available such sums as may be necessary for the costs (as defined in
    section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
    661a(5)) of direct loans and loan guarantees made under section 2228 of
    title 10, United States Code, as added by subsection (a).
        Sec. 8134. Regulation of Biological Agents and Toxins. (a)
    Biological Agents Provisions of the Antiterrorism and Effective Death
    Penalty Act of 1996; Codification in the Public Health Service Act,
    With Amendments.--
                (1) Public health service act.--Subpart 1 of part F of
            title III of the Public Health Service Act (42 U.S.C. 262 et
            seq.) is amended by inserting after section 351 the following:

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

        ``(a) Regulatory Control of Biological Agents and Toxins.--
                ``(1) List of biological agents and toxins.--
                        ``(A) In general.--The Secretary shall by
                    regulation establish and maintain a list of each
                    biological agent and each toxin that has the potential
                    to pose a severe threat to public health and safety.
                        ``(B) Criteria.--In determining whether to include
                    an agent or toxin on the list under subparagraph (A),
                    the Secretary shall--
                                ``(i) consider--
                                        ``(I) the effect on human health of
                                    exposure to the agent or toxin;
                                        ``(II) the degree of contagiousness
                                    of the agent or toxin and the methods
                                    by which the agent or toxin is
                                    transferred to humans;
                                        ``(III) the availability and
                                    effectiveness of pharmacotherapies and
                                    immunizations to treat and prevent any
                                    illness resulting from infection by the
                                    agent or toxin; and
                                        ``(IV) any other criteria,
                                    including the needs of children and
                                    other vulnerable populations, that the
                                    Secretary considers appropriate; and
                                ``(ii) consult with appropriate Federal
                            departments and agencies, and scientific
                            experts representing appropriate professional
                            groups, including those with pediatric
                            expertise.
                ``(2) Biennial review.--The Secretary shall review and
            republish the list under paragraph (1) biennially, or more
            often as needed, and shall, through rulemaking, revise the list
            as necessary to incorporate additions or deletions to ensure
            public health, safety, and security.
                ``(3) Exemptions.--The Secretary may exempt from the list
            under paragraph (1)--
                        ``(A) attenuated or inactive biological agents or
                    toxins used in biomedical research or for legitimate
                    medical purposes; and
                        ``(B) products that are cleared or approved under
                    the Federal Food, Drug, and Cosmetic Act or under the
                    Virus-Serum-Toxin Act, as amended in 1985 by the Food
                    Safety and Security Act.'';
        ``(b) Regulation of Transfers of Listed Biological Agents and
    Toxins.--The Secretary shall by regulation provide for--
                ``(1) the establishment and enforcement of safety
            procedures for the transfer of biological agents and toxins
            listed pursuant to subsection (a)(1), including measures to
            ensure--
                        ``(A) proper training and appropriate skills to
                    handle such agents and toxins; and
                        ``(B) proper laboratory facilities to contain and
                    dispose of such agents and toxins;
                ``(2) safeguards to prevent access to such agents and
            toxins for use in domestic or international terrorism or for
            any other criminal purpose;
                ``(3) the establishment of procedures to protect the public
            safety in the event of a transfer or potential transfer of a
            biological agent or toxin in violation of the safety procedures
            established under paragraph (1) or the safeguards established
            under paragraph (2); and
                ``(4) appropriate availability of biological agents and
            toxins for research, education, and other legitimate purposes.
        ``(c) Possession and Use of Listed Biological Agents and Toxins.--
    The Secretary shall by regulation provide for the establishment and
    enforcement of standards and procedures governing the possession and
    use of biological agents and toxins listed pursuant to subsection
    (a)(1) in order to protect the public health and safety, including the
    measures, safeguards, procedures, and availability of such agents and
    toxins described in paragraphs (1) through (4) of subsection (b),
    respectively.
        ``(d) Registration and Traceability Mechanisms.--Regulations under
    subsections (b) and (c) shall require registration for the possession,
    use, and transfer of biological agents and toxins listed pursuant to
    subsection (a)(1), and such registration shall include (if available to
    the registered person) information regarding the characterization of
    such biological agents and toxins to facilitate their identification
    and traceability. The Secretary shall maintain a national database of
    the location of such biological agents and toxins with information
    regarding their characterizations.
        ``(e) Inspections.--The Secretary shall have the authority to
    inspect persons subject to the regulations under subsections (b) and
    (c) to ensure their compliance with such regulations, including
    prohibitions on restricted persons under subsection (g).
        ``(f) Exemptions.--
                ``(1) In general.--The Secretary shall establish
            exemptions, including exemptions from the security provisions,
            from the applicability of provisions of--
                        ``(A) the regulations issued under subsection (b)
                    and (c) when the Secretary determines that the
                    exemptions, including exemptions from the security
                    requirements, and for the use of attenuated or inactive
                    biological agents or toxins in biomedical research or
                    for legitimate medical purposes are consistent with
                    protecting public health and safety; and
                        ``(B) the regulations issued under subsection (c)
                    for agents and toxins that the Secretary determines do
                    not present a threat for use in domestic or
                    international terrorism, provided the exemptions are
                    consistent with protecting public health and safety.
                ``(2) Clinical laboratories.--The Secretary shall exempt
            clinical laboratories and other persons that possess, use, or
            transfer biological agents and toxins listed pursuant to
            subsection (a)(1) from the applicability of provisions of
            regulations issued under subsections (b) and (c) only when--
                        ``(A) such agents or toxins are presented for
                    diagnosis, verification, or proficiency testing;
                        ``(B) the identification of such agents and toxins
                    is, when required under Federal or State law, reported
                    to the Secretary or other public health authorities;
                    and
                        ``(C) such agents or toxins are transferred or
                    destroyed in a manner set forth by the Secretary in
                    regulation.
        ``(g) Security Requirements for Registered Persons.--
                ``(1) Security.--In carrying out paragraphs (2) and (3) of
            subsection (b), the Secretary shall establish appropriate
            security requirements for persons possessing, using, or
            transferring biological agents and toxins listed pursuant to
            subsection (a)(1), considering existing standards developed by
            the Attorney General for the security of government facilities,
            and shall ensure compliance with such requirements as a
            condition of registration under regulations issued under
            subsections (b) and (c).
                ``(2) Limiting access to listed agents and toxins.--
            Regulations issued under subsections (b) and (c) shall include
            provisions--
                        ``(A) to restrict access to biological agents and
                    toxins listed pursuant to subsection (a)(1) only to
                    those individuals who need to handle or use such agents
                    or toxins; and
                        ``(B) to provide that registered persons promptly
                    submit the names and other identifying information for
                    such individuals to the Attorney General, with which
                    information the Attorney General shall promptly use
                    criminal, immigration, and national security databases
                    available to the Federal Government to identify whether
                    such individuals--
                                ``(i) are restricted persons, as defined in
                            section 175b of title 18, United States Code;
                            or
                                ``(ii) are named in a warrant issued to a
                            Federal or State law enforcement agency for
                            participation in any domestic or international
                            act of terrorism.
                ``(3) Consultation and implementation.--Regulations under
            subsections (b) and (c) shall be developed in consultation with
            research-performing organizations, including universities, and
            implemented with timeframes that take into account the need to
            continue research and education using biological agents and
            toxins listed pursuant to subsection (a)(1).
        ``(h) Disclosure of Information.--
                ``(1) In general.--Any information in the possession of any
            Federal agency that identifies a person, or the geographic
            location of a person, who is registered pursuant to regulations
            under this section (including regulations promulgated before
            the effective date of this subsection), or any site-specific
            information relating to the type, quantity, or characterization
            of a biological agent or toxin listed pursuant to subsection
            (a)(1) or the site-specific security mechanisms in place to
            protect such agents and toxins, including the national database
            required in subsection (d), shall not be disclosed under
            section 552(a) of title 5, United States Code.
                ``(2) Disclosures for public health and safety; congress.--
            Nothing in this section may be construed as preventing the head
            of any Federal agency--
                        ``(A) from making disclosures of information
                    described in paragraph (1) for purposes of protecting
                    the public health and safety; or
                        ``(B) from making disclosures of such information
                    to any committee or subcommittee of the Congress with
                    appropriate jurisdiction, upon request.
        ``(i) Civil Penalty.--Any person who violates any provision of a
    regulation under subsection (b) or (c) shall be subject to the United
    States for a civil money penalty in an amount not exceeding $250,000 in
    the case of an individual and $500,000 in the case of any other person.
    The provisions of section 1128A of the Social Security Act (other than
    subsections (a), (b), (h), and (i), the first sentence of subsection
    (c), and paragraphs (1) and (2) of subsection (f)) small apply to civil
    money penalties under this subsection in the same manner as such
    provisions apply to a penalty or proceeding under section 1128A(a) of
    the Social Security Act. The secretary may delegate authority under
    this section in the same manner as provided in section 1128A(j)(2) of
    the Social Security Act and such authority shall include all powers as
    contained in 5 U.S.C. App., section 6.''
        ``(j) Definitions.--For purposes of this section, the terms
    `biological agent' and `toxin' have the same meaning as in section 178
    of title 18, United States Code.''.
                (2) Regulations.--
                        (A) Date certain for promulgation; effective date
                    regarding criminal and civil penalties.--Not later than
                    180 days after the date of the enactment of this title,
                    the Secretary of Health and Human Services shall
                    promulgate an interim final rule for carrying out
                    section 351A(c) of the Public Health Service Act, which
                    amends the Antiterrorism and Effective Death Penalty
                    Act of 1996. Such interim final rule will take effect
                    60 days after the date on which such rule is
                    promulgated, including for purposes of--
                                (i) section 175(b) of title 18, United
                            States Code (relating to criminal penalties),
                            as added by subsection (b)(1)(B) of this
                            section; and
                                (ii) section 351A(i) of the Public Health
                            Service Act (relating to civil penalties).
                        (B) Submission of registration applications.--A
                    person required to register for possession under the
                    interim final rule promulgated under subparagraph (A),
                    shall submit an application for such registration not
                    later than 60 days after the date on which such rule is
                    promulgated.
                (3) Conforming amendment.--Subsections (d), (e), (f), and
            (g) of section 511 of the Antiterrorism and Effective Death
            Penalty Act of 1996 (42 U.S.C. 262 note) are repealed.
                (4) Effective date.--Paragraph (1) shall take effect as if
            incorporated in the Antiterrorism and Effective Death Penalty
            Act of 1996, and any regulations, including the list under
            subsection (d)(1) of section 511 of that Act, issued under
            section 511 of that Act shall remain in effect as if issued
            under section 351A of the Public Health Service Act.
        (b) Select Agents.--
                (1) In general.--Section 175 of title 18, United States
            Code, as amended by the Uniting and Strengthening America by
            Providing Appropriate Tools Required to Intercept and Obstruct
            Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) is
            amended--
                        (A) by redesignating subsections (b) and (c) as
                    subsections (c) and (d), respectively; and
                        (B) by inserting after subsection (a) the
                    following:
        ``(b) Select Agents.--
                ``(1) Unregistered for possession.--Whoever knowingly
            possesses a biological agent or toxin where such agent or toxin
            is a select agent for which such person has not obtained a
            registration required by regulation issued under section
            351A(c) of the Public Health Service Act shall be fined under
            this title, or imprisoned for not more than 5 years, or both.
                ``(2) Transfer to unregistered person.--Whoever transfers a
            select agent to a person who the transferor has reasons to
            believe has not obtained a registration required by regulations
            issued under section 351A(b) or (c) of the Public Health
            Service Act shall be fined under this title, or imprisoned for
            not more than 5 years, or both.''.
                (2) Definitions.--Section 175 of title 18, United States
            Code, as amended by paragraph (1), is further amended by
            striking subsection (d) and inserting the following:
        ``(d) Definitions.--As used in this section:
                ``(1) The terms `biological agent' and `toxin' have the
            meanings given such terms in section 178, except that, for
            purposes of subsections (b) and (c), such terms do not
            encompass any biological agent or toxin that is in its
            naturally occurring environment, if the biological agent or
            toxin has not been cultivated, cultured, collected, or
            otherwise extracted from its natural source.
                ``(2) The term `for use as a weapon' includes the
            development, production, transfer, acquisition, retention, or
            possession of any biological agent, toxin, or delivery system,
            other than for prophylactic, protective, or other peaceful
            purposes.
                ``(3) The term `select agent' means a biological agent or
            toxin, as defined in paragraph (1), that is on the list that is
            in effect pursuant to section 511(d)(1) of the Antiterrorism
            and Effective Death Penalty Act of 1996 (Public Law 104-132),
            or as subsequently revised under section 351A(a) of the Public
            Health Service Act.''.
                (3) Conforming amendment.--
                        (A) Section 175(a) of title 18, United States Code,
                    is amended in the second sentence by striking ``under
                    this section'' and inserting ``under this subsection''.
                        (B) Section 175(c) of title 18, United States Code,
                    (as redesignated by paragraph (1)), is amended by
                    striking the second sentence.
        (c) Report to Congress.--Not later than 1 year after the date of
    the enactment of this Act, the Secretary of Health and Human Services,
    after consultation with other appropriate Federal agencies, shall
    submit to the Congress a report that--
                (1) describes the extent to which there has been compliance
            by governmental and private entities with applicable
            regulations under section 351A of the Public Health Service
            Act, including the extent of compliance before the date of the
            enactment of this Act, and including the extent of compliance
            with regulations promulgated after such date of enactment;
                (2) describes the actions to date and future plans of the
            Secretary for updating the list of biological agents and toxins
            under section 351A(a)(1) of the Public Health Service Act;
                (3) describes the actions to date and future plans of the
            Secretary for determining compliance with regulations under
            such section 351A of the Public Health Service Act and for
            taking appropriate enforcement actions; and
                (4) provides any recommendations of the Secretary for
            administrative or legislative initiatives regarding such
            section 351A of the Public Health Service Act.
        This division may be cited as the ``Department of Defense
    Appropriations Act, 2002''.

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

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

                                   CHAPTER 1

                           DEPARTMENT OF AGRICULTURE

                           Food and Nutrition Service

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

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

                                 RELATED AGENCY

                      Commodity Futures Trading Commission

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

                                   CHAPTER 2

                             DEPARTMENT OF JUSTICE

                             General Administration

                             patriot act activities

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

                       administrative review and appeals

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

                                Legal Activities

                salaries and expenses, general legal activities

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses,
    General Legal Activities'', $6,250,000, 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'', $74,600,000, to remain available until
    expended, to be obligated from amounts made available in Public Law
    107-38.

             salaries and expenses, united states marshals service

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses,
    United States Marshals Service'', $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, of which $10,283,000 is
    for the refurbishing of the Engineering and Research Facility and
    $14,135,000 is for the decommissioning and renovation of former
    laboratory space in the Hoover building.

                     Immigration and Naturalization Service

                             salaries and expenses

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States and for all costs associated
    with the reorganization of the Immigration and Naturalization Service,
    for ``Salaries and Expenses'', $399,400,000, to remain available until
    expended, to be obligated from amounts made available in Public Law
    107-38.

                           Office of Justice Programs

                   state and local law enforcement assistance

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, $236,900,000 shall be for
    discretionary grants under the Edward Byrne Memorial State and Local
    Law Enforcement Assistance Program, of which $81,700,000 shall be for
    Northern Virginia, of which $81,700,000 shall be for New Jersey, and of
    which $56,500,000 shall be for Maryland, to remain available until
    expended, and to be obligated from amounts made available in Public Law
    107-38.

                               crime victims fund

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

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                         operations and administration

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

                             Export Administration

                         operations and administration

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

                      Economic Development Administration

                             salaries and expenses

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

           National Telecommunications and Information Administration

        public telecommunications facilities, planning and construction

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

                   United States Patent and Trademark Office

                             salaries and expenses

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

                 National Institute of Standards and Technology

                 scientific and technical research and services

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

                      construction of research facilities

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

                National Oceanic and Atmospheric Administration

                      operations, research and facilities

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

                            Departmental Management

                             salaries and expenses

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

                                 THE JUDICIARY

                       Supreme Court of the United States

                       care of the buildings and grounds

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

         Court of Appeals, District Courts, and Other Judicial Services

                             salaries and expenses

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

                                 court security

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

               Administrative Office of the United States Courts

                             salaries and expenses

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

                                RELATED AGENCIES

                    Equal Employment Opportunity Commission

                             salaries and expenses

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

                       Securities and Exchange Commission

                             salaries and expenses

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

                         Small Business Administration

                         business loans program account

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

                         disaster loans program account

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

                        GENERAL PROVISIONS, THIS CHAPTER

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

                                   CHAPTER 3

                             DEPARTMENT OF DEFENSE

                           OPERATION AND MAINTENANCE

                        Defense Emergency Response Fund

        For emergency expenses to respond to the September 11, 2001
    terrorist attacks on the United States, for ``Defense Emergency
    Response Fund'', $6,558,569,000, to remain available until expended, to
    be obligated from amounts made available by Public Law 107-38:
    Provided, That $20,000,000 shall be made available for the National
    Infrastructure Simulation and Analysis Center (NISAC): Provided
    further, That $500,000 shall be made available only for the White House
    Commission on the National Moment of Remembrance: Provided further,
    That--
                (1) $35,000,000 shall be available for the procurement of
            the Advance Identification Friend-or-Foe system for integration
            into F-16 aircraft of the Air National Guard that are being
            used in continuous air patrols over Washington, District of
            Columbia, and New York, New York; and
                (2) $20,000,000 shall be available for the procurement of
            the Transportation Multi-Platform Gateway for integration into
            the AWACS aircraft that are being used to perform early warning
            surveillance over the United States.

                                  PROCUREMENT

                          Other Procurement, Air Force

        For emergency expenses to respond to the September 11, 2001
    terrorist attacks on the United States, for ``Other Procurement, Air
    Force'', $210,000,000, to remain available until expended, to be
    obligated from amounts made available by Public Law 107-38.

                        GENERAL PROVISIONS, THIS CHAPTER

        Sec. 301. Amounts available in the ``Defense Emergency Response
    Fund'' shall be available for the purposes set forth in the 2001
    Emergency Supplemental Appropriations Act for Recovery from and
    Response to Terrorist Attacks on the United States (Public Law 107-38):
    Provided, That the Fund may be used to reimburse other appropriations
    or funds of the Department of Defense only for costs incurred for such
    purposes between September 11 and December 31, 2001: Provided further,
    That such Fund may be used to liquidate obligations incurred by the
    Department under the authorities in 41 U.S.C. 11 for any costs incurred
    for such purposes between September 11 and September 30, 2001: Provided
    further, That the Secretary of Defense may transfer funds from the Fund
    to the appropriation, ``Support for International Sporting
    Competitions, Defense'', to be merged with, and available for the same
    time period and for the same purposes as that appropriation: Provided
    further, That the transfer authority provided by this section is in
    addition to any other transfer authority available to the Secretary of
    Defense: Provided further, That the Secretary of Defense shall report
    to the Congress quarterly all transfers made pursuant to this
    authority.
        Sec. 302. Amounts in the ``Support for International Sporting
    Competitions, Defense'', may be used to support essential security and
    safety for the 2002 Winter Olympic Games in Salt Lake City, Utah,
    without the certification required under subsection 10 U.S.C. 2564(a).
    Further, the term ``active duty'', in section 5802 of Public Law 104-
    208 shall include State active duty and full-time National Guard duty
    performed by members of the Army National Guard and Air National Guard
    in connection with providing essential security and safety support to
    the 2002 Winter Olympic Games and logistical and security support to
    the 2002 Paralympic Games.
        Sec. 303. Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for intelligence activities are deemed
    to be specifically authorized by the Congress for purposes of section
    504 of the National Security Act of 1947 (50 U.S.C. 414).

                                   CHAPTER 4

                              DISTRICT OF COLUMBIA

                                 FEDERAL FUNDS

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

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

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

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

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

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

      Federal Payment to the District of Columbia for Pharmaceuticals for
                                   Responders

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

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

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

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

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

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

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

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

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

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

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

       Federal Payment to the District of Columbia for Emergency Traffic
                                   Management

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

     Federal Payment to the District of Columbia for Training and Planning

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

       Federal Payment to the District of Columbia for Increased Security

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

     Federal Payment to the Washington Metropolitan Area Transit Authority

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

     Federal Payment to the Metropolitan Washington Council of Governments

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

                        GENERAL PROVISIONS, THIS CHAPTER

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

                                   CHAPTER 5

                          DEPARTMENT OF DEFENSE--CIVIL

                             Department of the Army

                           Corps of Engineers--Civil

                       operation and maintenance, general

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

                           DEPARTMENT OF THE INTERIOR

                             Bureau of Reclamation

                          water and related resources

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

                              DEPARTMENT OF ENERGY

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    National Nuclear Security Administration

                               weapons activities

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, and for other expenses to
    increase the security of the Nation's nuclear weapons complex, for
    ``Weapons Activities'', $106,000,000, to remain available until
    expended, to be obligated from amounts made available in Public Law
    107-38.

                        Other Defense Related Activities

                            other defense activities

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

             defense environmental restoration and waste management

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

                                   CHAPTER 6

                           DEPARTMENT OF THE INTERIOR

                             National Park Service

                     operation of the national park system

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

                           united states park police

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

                                  construction

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

                              Departmental Offices

                            Departmental Management

                             salaries and expenses

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

                                RELATED AGENCIES

                            Smithsonian Institution

                             salaries and expenses

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

                            National Gallery of Art

                             salaries and expenses

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

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

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

                      National Capital Planning Commission

                             salaries and expenses

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

                                   CHAPTER 7

                              DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

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

         state unemployment insurance and employment service operations

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

                         workers compensation programs

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

                  Pension and Welfare Benefits Administration

                             salaries and expenses

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

                 Occupational Safety and Health Administration

                             salaries and expenses

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

                            Departmental Management

                             salaries and expenses

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

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                   Centers for Disease Control and Prevention

                    disease control, research, and training

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

                         National Institutes of Health

              national institute of environmental health sciences

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

                            Office of the Secretary

                public health and social services emergency fund

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, to provide grants to public
    entities, not-for-profit entities, and Medicare and Medicaid enrolled
    suppliers and institutional providers to reimburse for health care
    related expenses or lost revenues directly attributable to the public
    health emergency resulting from the September 11, 2001, terrorist acts,
    for ``Public Health and Social Services Emergency Fund'', $140,000,000,
    to remain available until expended, to be obligated from amounts made
    available in Public Law 107-38: Provided, That none of the costs have
    been reimbursed or are eligible for reimbursement from other sources.

                            DEPARTMENT OF EDUCATION

                  Office of Elementary and Secondary Education

                          school improvement programs

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

                                RELATED AGENCIES

                         Social Security Administration

                     limitation on administrative expenses

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

                         National Labor Relations Board

                             salaries and expenses

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

                                   CHAPTER 8

                               LEGISLATIVE BRANCH

                                  JOINT ITEMS

                   legislative branch emergency response fund

                         (including transfer of funds)

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

                                     SENATE

                           Administrative Provisions

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

                            OTHER LEGISLATIVE BRANCH

                           Administrative Provisions

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

                                   CHAPTER 9

                             MILITARY CONSTRUCTION

                      Military Construction, Defense-Wide

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Military Construction,
    Defense-wide'', $510,000,000 to remain available until expended, to be
    obligated from amounts made available in Public Law 107-38: Provided,
    That of such amount, $35,000,000 shall be available for transfer to
    ``Military Construction, Army''.

                          Military Construction, Army

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

                        GENERAL PROVISIONS, THIS CHAPTER

        Sec. 901. (a) Availability of Amounts for Military Construction
    Relating to Terrorism.--Amounts made available to the Department of
    Defense from funds appropriated in Public Law 107-38 and this Act may
    be used to carry out military construction projects, not otherwise
    authorized by law, that the Secretary of Defense determines are
    necessary to respond to or protect against acts or threatened acts of
    terrorism.
        (b) Notice to Congress.--Not later than 15 days before obligating
    amounts available under subsection (a) for military construction
    projects referred to in that subsection the Secretary shall notify the
    appropriate committees of Congress the following:
                (1) The determination to use such amounts for the project.
                (2) The estimated cost of the project.
        (c) Appropriate Committees of Congress Defined.--In this section
    the term ``appropriate committees of Congress'' has the meaning given
    that term in section 2801 (4) of title 10, United States Code.
        Sec. 902. Notwithstanding section 2808(a) of title 10, United
    States Code, the Secretary of Defense may not utilize the authority in
    that section to undertake or authorize the undertaking of, any military
    construction project described by that section using amounts
    appropriated or otherwise made available by the Military Construction
    Appropriations Act, 2002, or any act appropriating funds for Military
    Construction for a fiscal year before fiscal year 2002.

                                   CHAPTER 10

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                             salaries and expenses

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

                            Payments to Air Carriers

                        (airport and airway trust fund)

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, in addition to funds made
    available from any other source to carry out the essential air service
    program under 49 U.S.C. 41731 through 41742, to be derived from the
    Airport and Airway Trust Fund, $57,000,000, to remain available until
    expended, to be obligated from amounts made available in Public Law
    107-38.

                                  Coast Guard

                               operating expenses

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Operating Expenses'',
    $273,350,000, to remain available until September 30, 2003, to be
    obligated from amounts made available in Public Law 107-38.

                        Federal Aviation Administration

                                   operations

                        (airport and airway trust fund)

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Operations'',
    $300,000,000, to be derived from the Airport and Airway Trust Fund and
    to remain available until September 30, 2003, to be obligated from
    amounts made available in Public Law 107-38.

                            facilities and equipment

                        (airport and airway trust fund)

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

                     research, engineering, and development

                        (airport and airway trust fund)

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Research, Engineering,
    and Development'', $12,000,000, to be derived from the Airport and
    Airway Trust Fund, to be obligated from amounts made available in
    Public Law 107-38.

                         Federal Highway Administration

                          miscellaneous appropriations

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

                              federal-aid highways

                            emergency relief program

                              (highway trust fund)

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

                        Federal Railroad Administration

                             safety and operations

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

         capital grants to the national railroad passenger corporation

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

                         Federal Transit Administration

                                 formula grants

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

                           capital investment grants

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

                  Research and Special Programs Administration

                         research and special programs

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

                          Office of Inspector General

                             salaries and expenses

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

                                 RELATED AGENCY

                      National Transportation Safety Board

                             salaries and expenses

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

                                   CHAPTER 11

                           DEPARTMENT OF THE TREASURY

                    Inspector General for Tax Administration

                             salaries and expenses

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

                      Financial Crimes Enforcement Network

                             salaries and expenses

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

                    Federal Law Enforcement Training Center

                             salaries and expenses

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

                          Financial Management Service

                             salaries and expenses

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

                    Bureau of Alcohol, Tobacco and Firearms

                             salaries and expenses

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

                         United States Customs Service

                             salaries and expenses

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $127,603,000, to remain available until expended, to be obligated from
    amounts made available in Public Law 107-38; of this amount, not less
    than $21,000,000 shall be available for increased staffing to combat
    terrorism along the Nation's borders.

      operation, maintenance and procurement, air and marine interdiction
                                    programs

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

                            Internal Revenue Service

                     processing, assistance and management

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

                              tax law enforcement

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

                              information systems

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

                          United States Secret Service

                             salaries and expenses

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

                       EXECUTIVE OFFICE OF THE PRESIDENT

                            Office of Administration

                             salaries and expenses

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $29,193,000, 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 building fund

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

                  National Archives and Records Administration

                               operating expenses

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

                            repairs and restoration

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

                                   CHAPTER 12

                         DEPARTMENT OF VETERANS AFFAIRS

                          construction, major projects

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

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Community Planning and Development

                           community development fund

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

                         Management and Administration

                          office of inspector general

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

                              INDEPENDENT AGENCIES

                        Environmental Protection Agency

                             science and technology

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

                     environmental programs and management

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, and to support activities
    related to countering terrorism, for ``Environmental Programs and
    Management'', $32,194,000, to remain available until expended, to be
    obligated from amounts made available in Public Law 107-38.

                         hazardous substance superfund

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, and to support activities
    related to countering terrorism, for ``Hazardous Substance Superfund'',
    $18,292,000, to remain available until expended, to be obligated from
    amounts made available in Public Law 107-38.

                       state and tribal assistance grants

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

                      Federal Emergency Management Agency

                                disaster relief

        For disaster recovery activities and assistance related to the
    terrorist attacks in New York, Virginia, and Pennsylvania on September
    11, 2001, for ``Disaster Relief'', $5,822,722,000, to remain available
    until expended, to be obligated from amounts made available in Public
    Law 107-38.

                             salaries and expenses

        For emergency expenses to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $30,000,000, to remain available until expended, for the Office of
    National Preparedness, to be obligated from amounts made available in
    Public Law 107-38.

                 National Aeronautics and Space Administration

                               human space flight

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

                      science, aeronautics and technology

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

                          National Science Foundation

                        research and related activities

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

                                   CHAPTER 13

                       GENERAL PROVISIONS, THIS DIVISION

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

               DIVISION C--ADDITIONAL SUPPLEMENTAL APPROPRIATIONS

                           TITLE I--HOMELAND DEFENSE

                                   CHAPTER 1

                           DEPARTMENT OF AGRICULTURE

                            Office of the Secretary

        For an additional amount for ``Office of the Secretary'',
    $76,000,000.

                         Agricultural Research Service

                             salaries and expenses

        For an additional amount for ``Salaries and Expenses'',
    $60,000,000.

                            buildings and facilities

        For an additional amount for ``Buildings and Facilities'',
    $150,000,000, to remain available until September 30, 2003.

          Cooperative State Research, Education, and Extension Service

                             research and education

        For an additional amount for ``Research and Education'',
    $50,000,000.

                   Animal and Plant Health Inspection Service

                             salaries and expenses

                         (including transfer of funds)

        For an additional amount for ``Salaries and Expenses'',
    $90,000,000, of which $50,000,000 may be transferred and merged with
    the Agriculture Quarantine Inspection User Fee Account.

                            buildings and facilities

        For an additional amount for ``Buildings and Facilities'',
    $14,081,000, to remain available until September 30, 2003.

                       Food Safety and Inspection Service

        For an additional amount for ``Food Safety and Inspection
    Service'', $15,000,000.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                             salaries and expenses

        For an additional amount for ``Salaries and Expenses'',
    $120,000,000.

                                   CHAPTER 2

                             DEPARTMENT OF JUSTICE

                             General Administration

                             patriot act activities

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Patriot Act Activities'',
    $75,000,000, to remain available until September 30, 2003, for
    implementation of such enhancements to the Federal Bureau of
    Investigation as are deemed necessary by the study required under
    chapter 2 of division B of this Act: Provided, That funding for the
    implementation of such enhancements shall be treated as a reprogramming
    under section 605 of Public Law 107-77 and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section.

                                Legal Activities

                salaries and expenses, general legal activities

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses,
    General Legal Activities'', $15,000,000, to remain available until
    September 30, 2003.

             salaries and expenses, united states marshals service

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses,
    United States Marshals Service'', $5,875,000, to remain available until
    September 30, 2003.
        In addition, for an additional amount to respond to the September
    11, 2001, terrorist attacks on the United States, for courthouse
    security equipment, $9,125,000, to remain available until September 30,
    2003.

                                  construction

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Construction'',
    $35,000,000, to remain available until Stepember 30, 2003.

                        Federal Bureau of Investigation

                             salaries and expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $200,000,000, to remain available until September 30, 2003.

                     Immigration and Naturalization Service

                             salaries and expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $35,100,000, to remain available until September 30, 2003.

                                  construction

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Construction'',
    $300,000,000, to remain available until September 30, 2003.

                             Federal Prison System

                             salaries and expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $20,000,000, to remain available until September 30, 2003.

                           Office of Justice Programs

                               justice assistance

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Justice Assistance'',
    $550,000,000, to remain available until September 30, 2003, for grants,
    cooperative agreements, and other assistance authorized by sections 819
    and 821 of the Antiterrorism and Effective Death Penalty Act of 1996
    and for other counter terrorism programs.

                   state and local law enforcement assistance

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, $35,000,000 shall be for
    discretionary grants under the Edward Byrne Memorial State and Local
    Law Enforcement Assistance Program, to remain available until September
    30, 2003.

                             DEPARTMENT OF COMMERCE

                 National Institute of Standards and Technology

                 scientific and technical research and services

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Scientific and Technical
    Research and Services'', $30,000,000, to remain available until
    September 30, 2003.

                                RELATED AGENCIES

                          Department of Transportation

                            Maritime Administration

                            operations and training

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Operations and
    Training'', $11,000,000, for a port security program, to remain
    available until September 30, 2003.

              maritime guaranteed loan (title xi) program account

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for the cost of guaranteed
    loans, as authorized by the Merchant Marine Act, 1936, $12,000,000, to
    remain available until September 30, 2003: Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended.

                            Federal Trade Commission

                             salaries and expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $20,000,000, to remain available until September 30, 2003.

                                   CHAPTER 3

                              DEPARTMENT OF ENERGY

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    National Nuclear Security Administration

                               weapons activities

        For an additional amount 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'', $179,000,000, to remain available until
    September 30, 2003.

                        defense nuclear nonproliferation

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, and for other expenses to
    improve nuclear nonproliferation and verification research and
    development, for ``Defense Nuclear Nonproliferation'', $286,000,000, to
    remain available until September 30, 2003.

                               INDEPENDENT AGENCY

                         Nuclear Regulatory Commission

                             salaries and expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, and for other expenses to
    increase the security of the Nation's nuclear power plants, for
    ``Salaries and Expenses'', $36,000,000, to remain available until
    September 30, 2003: Provided, That the funds appropriated herein shall
    be excluded from license fee revenues, notwithstanding 42 U.S.C. 2214.

                                   CHAPTER 4

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                            Office of the Secretary

                public health and social services emergency fund

        For an additional amount for emergency expenses necessary to
    support activities related to countering potential biological, disease,
    and chemical threats to civilian populations, for ``Public Health and
    Social Services Emergency Fund'', $3,325,000,000, to remain available
    until September 30, 2003. Of this amount, $1,150,000,000 shall be for
    the Centers for Disease Control and Prevention for improving State and
    local capacity; $165,000,000 shall be for grants to hospitals, in
    collaboration with local governments, to improve capacity to respond to
    bioterrorism; $185,000,000 shall be for upgrading capacity at the
    Centers for Disease Control and Prevention, including research;
    $10,000,000 shall be for the establishment and operation of a national
    system to track biological pathogens; $95,000,000 shall be for the
    Office of the Secretary and improving disaster response teams;
    $125,000,000 shall be for the National Institute of Allergy and
    Infectious Diseases for bioterrorism-related research and development
    and other related needs; $96,000,000 shall be for the National
    Institute of Allergy and Infectious Diseases for the construction of
    biosafety laboratories and related infrastructure costs; $4,000,000
    shall be for training and education regarding effective workplace
    responses to bioterrorism; $593,000,000 shall be for the National
    Pharmaceutical Stockpile; $829,000,000 shall be for the purchase,
    deployment and related costs of the smallpox vaccine, and $73,000,000
    shall be for improving laboratory security at the National Institutes
    of Health and the Centers for Disease Control and Prevention. At the
    discretion of the Secretary, these amounts may be transferred between
    categories subject to normal reprogramming procedures.

                                   CHAPTER 5

                          DEPARTMENT OF TRANSPORTATION

                                  Coast Guard

                               operating expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Operating Expenses'',
    $12,000,000, to remain available until September 30, 2003.

                        Federal Aviation Administration

                     research, engineering, and development

                        (airport and airway trust fund)

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Research, Engineering,
    and Development'', $38,000,000, to be derived from the Airport and
    Airway Trust Fund.

                           grants-in-aid for airports

                        (airport and airway trust fund)

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, notwithstanding any other
    provision of law, for ``Grants-in-aid for airports'', to enable the
    Federal Aviation Administrator to compensate airports for a portion of
    the direct costs associated with new, additional or revised security
    requirements imposed on airport operators by the Administrator on or
    after September 11, 2001, $200,000,000, to be derived from the Airport
    and Airway Trust Fund, to remain available until September 30, 2003.

                                   CHAPTER 6

                           DEPARTMENT OF THE TREASURY

                         United States Customs Service

                             salaries and expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $270,972,000, to remain available until September 30, 2003; of this
    amount, not less than $120,000,000 shall be available for increased
    staffing to combat terrorism along the Nation's borders, of which
    $10,000,000 shall be available for hiring inspectors along the
    Southwest border; not less than $15,000,000 shall be available for
    seaport security; and not less than $135,000,000 shall be available for
    the procurement and deployment of non-intrusive and counterterrorism
    inspection technology, equipment and infrastructure improvements to
    combat terrorism at the land and sea border ports of entry.

                       EXECUTIVE OFFICE OF THE PRESIDENT

                            Office of Administration

                             salaries and expenses

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States, for ``Salaries and Expenses'',
    $20,847,000, to remain available until September 30, 2003.

                                 POSTAL SERVICE

                       Payment to the Postal Service Fund

        For an additional payment to the Postal Service Fund to enable the
    Postal Service to build and establish a system for sanitizing and
    screening mail matter, to protect postal employees and postal customers
    from exposure to biohazardous material, and to replace or repair Postal
    Service facilities destroyed or damaged in New York City as a result of
    the September 11, 2001, terrorist attacks, $875,000,000, to remain
    available until September 30, 2003.

                                   CHAPTER 7

                              INDEPENDENT AGENCIES

                        Environmental Protection Agency

                     environmental programs and management

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States and to support activities
    related to countering terrorism, for ``Environmental Programs and
    Management'', $6,000,000, to remain available until September 30, 2003.

                         hazardous substance superfund

        For an additional amount 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'',
    $23,000,000, to remain available until September 30, 2003.

                      Federal Emergency Management Agency

                  emergency management planning and assistance

                         (including transfer of funds)

        For an additional amount to respond to the September 11, 2001,
    terrorist attacks on the United States and to support activities
    related to countering terrorism, for ``Emergency Management Planning
    and Assistance'', $300,000,000, to remain available until September 30,
    2003, for programs as authorized by section 33 of the Federal Fire
    Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et
    seq.): Provided, That up to 5 percent of this amount shall be
    transferred to ``Salaries and expenses'' for program administration.

                         GENERAL PROVISION, THIS TITLE

        Sec. 101. Emergency Designation. (a) All amounts appropriated in
    this title 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.
        (b) None of the funds in this title shall be available for
    obligation unless all of the funds in this title are designated as an
    emergency requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, in an official budget request
    transmitted by the President to the Congress.

          TITLE II--ASSISTANCE TO NEW YORK, VIRGINIA, AND PENNSYLVANIA

                               INDEPENDENT AGENCY

                      Federal Emergency Management Agency

                                disaster relief

        For an additional amount for ``Disaster Relief'', $7,500,000,000,
    to remain available until expended for disaster recovery activities and
    assistance related to the terrorist attacks in New York, Virginia and
    Pennsylvania on September 11, 2001: Provided, That such amount is
    designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Deficit Control Act of
    1985, as amended: Provided further, That such amount shall be available
    only to the extent that an official budget request, that includes
    designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended, is transmitted by the President to the
    Congress.

                        GENERAL PROVISION, THIS DIVISION

        Sec. 102. Notwithstanding section 257(c) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, the amount of discretionary
    budget authority for any account for fiscal year 2003 and subsequent
    years included in any baseline budget projections made by the Office of
    Management and Budget or the Congressional Budget Office pursuant to
    that section shall not reflect any appropriation for fiscal year 2002
    provided in this division.

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

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

                       DIVISION E--TECHNICAL CORRECTIONS

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

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                           public and indian housing

                            housing certificate fund

        Sec. 114. Of the amounts made available under both this heading and
    the heading ``Salaries and Expenses'' in title II of Public Law 107-73,
    not to exceed $20,000,000 shall be for the recordation and liquidation
    of obligations and deficiencies incurred in prior years in connection
    with the provision of technical assistance authorized under section 514
    of the Multifamily Assisted Housing Reform and Affordability Act of
    1997 (``section 514''), and for new obligations for such technical
    assistance: Provided, That of the total amount provided under this
    heading, not less than $2,000,000 shall be made available from salaries
    and expenses allocated to the Office of General Counsel and the Office
    of Multifamily Housing Assistance Restructuring in the Department of
    Housing and Urban Development: Provided further, That of the total
    amount provided under this heading, no more than $10,000,000 shall be
    made available for new obligations for technical assistance under
    section 514: Provided further, That from amounts made available under
    this heading, the Inspector General of the Department of Housing and
    Urban Development (``HUD Inspector General'') shall audit each
    provision of technical assistance obligated under the requirements of
    section 514 over the last 4 years: Provided further, That, to the
    extent the HUD Inspector General determines that the use of any funding
    for technical assistance does not meet the requirements of section 514,
    the Secretary of Housing and Urban Development (``Secretary'') shall
    recapture any such funds: Provided further, That no funds appropriated
    under title II of Public Law 107-73 and subsequent appropriations acts
    for the Department of Housing and Urban Development shall be made
    available for four years to any entity (or any subsequent entity
    comprised of significantly the same officers) that has been identified
    as having violated the requirements of section 514 by the HUD Inspector
    General: Provided further, That, notwithstanding any other provision of
    law, no funding for technical assistance under section 514 shall be
    available for carryover from any previous year: Provided further, That
    the Secretary shall implement the provisions under this heading in a
    manner that does not accelerate outlays.

                                                           Calendar No. 254

    107th CONGRESS

      1st Session

                                   H.R. 3338

    _______________________________________________________________________

                                     AN ACT

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

    _______________________________________________________________________

                               November 29, 2001

      Received; read twice and referred to the Committee on Appropriations

                                December 4, 2001

                           Reported with an amendment