[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