[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3393 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 3393

Making additional emergency supplemental appropriations for fiscal year 
             2002 for urgent counter-terrorism activities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 4, 2001

  Mr. Murtha introduced the following bill; which was referred to the 
                      Committee on Appropriations

_______________________________________________________________________

                                 A BILL


 
Making additional emergency supplemental appropriations for fiscal year 
             2002 for urgent counter-terrorism activities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Urgent Counter-Terrorism 
Supplemental Appropriations Act, 2002''.

SEC. 2. STATEMENT OF APPROPRIATION.

    The following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for fiscal year 2002, and for 
other purposes.

             TITLE I--APPROPRIATION AND TRANSFERS OF FUNDS

SEC. 101. APPROPRIATION.

    In addition to the amounts provided in any other Act, there is 
hereby appropriated $6,548,000,000 to the ``Defense Emergency Response 
Fund'' only for the purpose of upgrading critical defense and 
intelligence capabilities to fight the war on terrorism and to recover 
from the attacks of September 11, 2001.

SEC. 102. TRANSFERS OF FUNDS.

    Notwithstanding any other provision of law or this Act, within 15 
days after the President makes an emergency designation under section 
301 for any amount specified in any section of title II, the Secretary 
of Defense shall transfer the requisite funds appropriated by section 
101 to appropriate accounts in the Treasury in accordance with the 
allocations specified in title II.

                     TITLE II--ALLOCATION OF FUNDS

SEC. 201. ANTI-TERRORISM INTELLIGENCE UPGRADES.

    To upgrade and improve the effectiveness of counter-terrorism 
intelligence collection and analysis, to better protect intelligence 
resources from terrorist attack, and to accelerate the installation of 
real-time linkages between intelligence systems and military 
warfighting platforms, $2,001,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $368,000,000 shall be available only to improve 
        Department of Defense and intelligence agency human 
        intelligence collection capabilities against terrorist 
        organizations to include additional manpower, additional 
        analytical capability, and agent operation expenses.
            (2) $245,000,000 shall be available only to the Director of 
        Central Intelligence to support critical foreign counter-
        intelligence force protection requirements and to provide 
        additional counter-terrorism assistance to the Federal Bureau 
        of Investigation in accordance with law.
            (3) $80,000,000 shall be available only to the Director of 
        Central Intelligence to upgrade counter-terrorism intelligence 
        tasking, processing, exploitation, and dissemination 
        capabilities.
            (4) $55,000,000 shall be available only to the Secretary of 
        Defense to upgrade counter-terrorism intelligence tasking, 
        processing, exploitation, and dissemination capabilities.
            (5) $497,000,000 shall be available only to procure and 
        support the enhancement and deployment of additional 
        Intelligence, Surveillance, and Reconnaissance assets in 
        support of Operation Enduring Freedom and follow-on anti-
        terrorist operations.
            (6) $159,000,000 shall be available only to enhance Navy 
        and Air Force electronic networking of assets and time critical 
        targeting capabilities.
            (7) $182,000,000 shall be available only to procure Link 16 
        systems for tactical ISR platforms to allow real time data 
        exchange between combat and command and control platforms.
            (8) $415,000,000 shall be available only to the Director of 
        Central Intelligence, in consultation with the Secretary of 
        Defense, for intelligence agency physical security upgrades, 
        data survivability/continuity enhancements, and satellite 
        infrastructure improvements.

SEC. 202. CHEMICAL AND BIOLOGICAL WARFARE DEFENSE CAPABILITIES.

    To upgrade and improve the ability of the United States to detect, 
prevent and respond to chemical and biological warfare terrorist 
attacks at home and abroad, $817,000,000 of the funds appropriated in 
section 101 shall be allocated as follows:
            (1) $307,000,000 shall be available only for rapid 
        development and/or procurement and deployment of biological 
        weapons detection systems and chemical/biological 
        decontamination equipment at key military and civilian 
        facilities.
            (2) $82,000,000 shall be available only to accelerate 
        production of anthrax vaccines and smallpox vaccine samples, to 
        develop next generation anthrax vaccines, and to develop, test, 
        evaluate and procure new drug therapies to counter biological 
        threat agents.
            (3) $185,000,000 shall be available only to equip existing 
        Army National Guard Weapons of Mass Destruction Civil Support 
        teams (WMD-CST teams) with mobile analytical laboratory 
        capabilities and to establish, train and equip additional WMD-
        CST teams in the following States and territories in order to 
        complete the objective of establishing WMD-CST teams in each 
        State and territory:
                    (A) Alabama.
                    (B) Connecticut.
                    (C) Delaware.
                    (D) District of Columbia.
                    (E) Indiana.
                    (F) Kansas.
                    (G) Maryland.
                    (H) Michigan.
                    (I) Mississippi.
                    (J) Montana.
                    (K) Nebraska.
                    (L) New Hampshire.
                    (M) New Jersey.
                    (N) Nevada.
                    (O) North Carolina.
                    (P) North Dakota.
                    (Q) Oregon.
                    (R) Rhode Island.
                    (S) South Dakota.
                    (T) Tennessee.
                    (U) Utah.
                    (V) Vermont.
                    (W) West Virginia.
                    (X) Wisconsin.
                    (Y) Wyoming.
                    (Z) American Samoa.
                    (AA) Guam.
                    (BB) Puerto Rico and Virgin Islands.
            (4) $40,000,000 shall be available only for biological 
        weapons proliferation prevention activities under the 
        Cooperative Threat Reduction Program. Of such funds, 
        $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 weapons 
        experts from emigrating to proliferant States and to 
        reconfigure former Soviet biological weapons production 
        facilities for peaceful uses.
            (5) $68,000,000 shall be available only to support and 
        equip Marine Corps and Army chemical/biological warfare 
        response teams, including the procurement of additional mobile 
        decontamination units for these teams.
            (6) $25,000,000 shall be available only for the Army 
        Chemical Stockpile Emergency Preparedness Program for State and 
        Federal technical assistance projects to ensure public safety 
        at chemical weapons storage facilities in the following States:
                    (A) Alabama.
                    (B) Arkansas.
                    (C) Colorado.
                    (D) Illinois.
                    (E) Indiana.
                    (F) Maryland.
                    (G) Kentucky.
                    (H) Oregon.
                    (I) Utah.
                    (J) Washington.
            (7) $60,000,000 shall be available only for the procurement 
        of interoperable communications equipment to enable Army 
        emergency response teams to communicate with local emergency 
        response personnel.
            (8) $50,000,000 shall be available only to implement short-
        term facility repairs and improvements at the biocontainment 
        research laboratories of the Army Medical Research Institute of 
        Infectious Disease at Fort Detrick, Maryland, and the 
        facilities of the Army Institute of Pathology (AFIP) at the 
        Walter Reed Medical Center for the purpose of improving quick 
        response to demands for confirmatory and diagnostic testing of 
        potential biological threats and to accelerate the development 
        of treatments and vaccines against biological agents.

SEC. 203. SPECIAL FORCES COUNTER-TERRORISM CAPABILITY.

    To upgrade and improve the ability of Special Forces to 
successfully operate in Operation Enduring Freedom and future anti-
terrorist operations, $755,000,000 of the funds appropriated in section 
101 shall be allocated as follows:
            (1) $50,000,000 shall be available only for the procurement 
        of AN/PRC 112B survival radios for SOF rescue/extraction teams 
        to provide geo-location and low probability of intercept/
        detection communications capability.
            (2) $90,000,000 shall be available only to procure common 
        missile warning systems and improved conventional munitions 
        dispensers for the MH-47 and MH-60 aircraft to enhance rotary 
        wing survivability.
            (3) $125,000,000 shall be available only to support 
        counter-terrorism full mission profile training to increase the 
        probability of mission success and decrease the possibility of 
        fratricide and to provide for shortfalls in flying hours 
        necessary to conduct such training and operations.
            (4) $125,000,000 shall be available only to support 
        survivability and mission enhancement upgrades for C-130, MH-
        53, and other SOF aircraft.
            (5) $165,000,000 shall be available only to procure 
        nonstandard weapons and ammunition, unconventional equipment 
        and supplies, and other SOF unique counter-terrorism 
        enhancements to current capabilities.
            (6) $200,000,000 shall be available only for SOCOM 
        equipment sustainment and refurbishment, and for procurement of 
        additional equipment.

SEC. 204. MUNITIONS AND ESSENTIAL EQUIPMENT REPLENISHMENT AND UPGRADES.

    To ensure an adequate supply of precision guided weapons and other 
weapons and munitions to fully prosecute Operation Enduring Freedom and 
future potential anti-terrorist operations, and to provide for the 
rapid development and deployment of promising anti-terrorist weapons, 
WMD defense capabilities, and added support to key tactical warfare 
systems, $912,000,000 of the funds appropriated in section 101 shall be 
allocated as follows:
            (1) $250,000,000 shall be available only to accelerate the 
        development and procurement of the tactical tomahawk cruise 
        missile.
            (2) $180,000,000 shall be available only for the 
        procurement of laser-guided bomb kits.
            (3) $125,000,000 shall be available only for procurement of 
        Army and Marine Corps small arms, small arms ammunition, and 
        night vision equipment.
            (4)(A) $250,000,000 shall be available only to 
        ``Operational Rapid Response Transfer Fund'', to remain 
        available for obligation until September 30, 2002, only for the 
        accelerated research, development, test, evaluation, 
        procurement, or deployment of military technologies, systems, 
        or other equipment necessary for improving the capability to 
        fight terrorism, protect the force, prepare for and respond to 
        terrorist attacks, or improve the capabilities of key tactical 
        systems.
            (B) The Secretary of Defense may transfer funds under this 
        paragraph only to operation and maintenance accounts, 
        procurement accounts, or research, development, test and 
        evaluation accounts.
            (C) Of the funds under this paragraph, $75,000,000 shall be 
        available only to support quick reaction activities to develop 
        and deploy promising new weapons and other WMD defense 
        capabilities that are recommended by the Department of Defense 
        Combating Terrorism Technology Task Force.
            (D) The Secretary of Defense shall provide 
written notification to the congressional defense committees prior to 
the transfer of any amount under this paragraph in excess of $5,000,000 
to a specific program, project, or activity.
            (E) None of the funds under this paragraph may be obligated 
        for new start projects without prior notification to the 
        congressional defense committees in conformance with normal 
        reprogramming procedures and guidelines.
            (5) $107,000,000 shall be available only to improve secure 
        communications capabilities of the Army Reserve components by 
        providing hardening, redundancy, storage, and information 
        assurance for network infrastructure.

SEC. 205. FORCE PROTECTION AND RECOVERY ACTIVITIES.

    To upgrade physical security at Department of Defense and 
intelligence agency installations, and to accelerate efforts to repair, 
reconstruct, and renovate the Pentagon Reservation, $966,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1)(A) $800,000,000 shall be available only to finance 
        accelerated building renovation activities for military command 
        centers and related activities at the Pentagon Reservation in 
        order to accelerate completion of the Pentagon renovation 
        project by at least 4 years from the current estimated 
        completion date of 2014.
            (B) None of the funds under this paragraph shall be 
        obligated until 15 days after the Secretary of Defense has 
        submitted to the Congress a revised Pentagon renovation plan to 
        include estimated total costs by year and by function, a 
        comprehensive construction schedule, an assessment of the 
        security and operational benefits derived from an accelerated 
        schedule, and a certification that it is the Secretary's best 
        estimate that expenditure of such funds will accelerate the 
        final completion of the Pentagon renovation by at least 4 
        years.
            (2) $45,000,000 shall be available only to procure patrol 
        boat equipment in support of enhanced Navy capabilities to 
        maintain threat standoff distances in foreign ports.
            (3) $30,000,000 shall be available only to procure security 
        equipment identified by the Navy to be necessary to increase 
        the security of military sealift ships.
            (4) $25,000,000 shall be available only to upgrade 
        firefighting self contained breathing equipment on Navy surface 
        ships.
            (5) $31,000,000 shall be available only for Navy and Air 
        Force anti-access equipment.
            (6) $25,000,000 shall be available only for Army anti-
        access equipment.
            (7) $10,000,000 shall be available only to modernize the 
        USS Comfort and USS Mercy hospital ships.

SEC. 206. ESSENTIAL AIRCRAFT UPGRADES.

    To make essential upgrades and improvements in aircraft 
capabilities for operating in the Central Asia region, $602,000,000 of 
the funds appropriated in section 101 shall be allocated as follows:
            (1) $88,000,000 shall be available only for the procurement 
        of additional decoys, armor, and other self-protection upgrades 
        for Air Force aircraft.
            (2) $55,000,000 shall be available only for the procurement 
        of additional laser detecting sets and other self protection 
        and engine upgrades for Army (including SOCOM) helicopters.
            (3) $48,000,000 shall be available only for the procurement 
        of crashworthy UH-60 helicopter extended range fuel tanks.
            (4) $129,000,000 shall be available only to accelerate 
        planned electronic self protection, communications, navigation, 
        and engine upgrade modifications to combat search and rescue 
        helicopters.
            (5) $67,000,000 shall be available only to procure 
        additional Litening targeting pods for AV-8B Harrier aircraft.
            (6) $70,000,000 shall be available only to upgrade 
        strategic communications systems for the national airborne 
        command post.
            (7) $145,000,000 shall be available only to improve the 
        reliability of B-52 electronics and the maintainability of B-2 
        surfaces.

SEC. 207. OPERATION ENDURING FREEDOM OPERATIONAL COSTS.

    To ensure that the military services are not required to make 
reductions in essential training, readiness, equipment maintenance, 
quality of life, or research and development programs in order to pay 
for the unbudgeted and unpredictable operational costs of Operation 
Enduring Freedom, and to ensure that the aging equipment being used in 
Operation Enduring Freedom is properly maintained, $495,000,000 of the 
funds appropriated in section 101 shall be allocated as follows:
            (1) $220,000,000 shall be available only to supplement the 
        defense working capital funds for increased fuel, base 
        operations, and training costs.
            (2) $200,000,000 shall be available only for additional 
        spare parts to support Operation Enduring Freedom.
            (3) $75,000,000 shall be available only for increased depot 
        maintenance requirements resulting from Operations Noble Eagle 
        and Enduring Freedom.

                     TITLE III--GENERAL PROVISIONS

SEC. 301. EMERGENCY DESIGNATION.

    The entire amount specified in any section of title II--
            (1) is 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; and
            (2) shall be available only if an official budget request 
        for the entire amount contained in such section, that includes 
        designation of the entire amount as an emergency requirement as 
        defined in the Balanced Budget and Emergency Deficit Control 
        Act of 1985, is transmitted by the President to the Congress.

SEC. 302. REPORTING REQUIREMENT.

    Within 15 days after the President makes an emergency designation 
under section 301 for the amount specified in any section of title II, 
the Secretary of Defense shall provide to the Congress a report 
specifying the accounts to which the funds involved are to be 
transferred and project level budget justifications for each transfer.

SEC. 303. MERGER OF AMOUNTS.

    Funds transferred under this Act shall be merged with, and shall be 
available for the same time period as, the appropriations to which the 
funds are transferred.

SEC. 304. AUTHORIZATION OF FUNDS FOR INTELLIGENCE ACTIVITIES.

    Funds transferred under this Act to accounts 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).
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