[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5117 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 5117

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2002

Mr. Young of Florida introduced the following bill; which was referred 
                   to the Committee on Appropriations

_______________________________________________________________________

                                 A BILL


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

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

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                     Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$206,000,000: Provided, That the entire amount 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, as 
amended.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

    For an additional amount for ``Operation and Maintenance, Army'', 
$226,000,000, to remain available for obligation until September 30, 
2003: Provided, That the entire amount 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, as amended: 
Provided further, That $119,000,000 shall be available only to the 
extent that an official budget request for $119,000,000, 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.

                    Operation and Maintenance, Navy

    For an additional amount for ``Operation and Maintenance, Navy'', 
$53,750,000, to remain available for obligation until September 30, 
2003: Provided, That the entire amount 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, as amended: 
Provided further, That $17,250,000 shall be available only to the 
extent that an official budget request for $17,250,000, 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.

                  Operation and Maintenance, Air Force

    For an additional amount for ``Operation and Maintenance, Air 
Force'', $60,500,000, to remain available for obligation until 
September 30, 2003: Provided, That the entire amount 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, as amended; Provided further, That $19,500,000 shall be 
available only to the extent that an official budget request for 
$19,500,000, 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.

                Operation and Maintenance, Defense-Wide

    For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $751,975,000, to remain available for obligation until 
September 30, 2003, of which $420,000,000 may be used, notwithstanding 
any other provision of law, for payments to Pakistan, Jordan, and other 
key cooperating nations for logistical and military support provided to 
United States military operations in connection with the Global War on 
Terrorism: Provided, That such payments may be made in such amounts as 
the Secretary may determine, in accordance with standard accounting 
practices and procedures, in consultation with the Director of the 
Office of Management and Budget and 15 days following notification to 
the appropriate Congressional committees; Provided further, That 
amounts for such payments shall be in addition to any other funds that 
may be available for such purposes: Provided further, That the entire 
amount 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, as amended: Provided further, That 
$12,975,000 shall be available only to the extent that an official 
budget request for $12,975,000, 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.

                    Defense Emergency Response Fund

                     (including transfer of funds)

    For an additional amount for the ``Defense Emergency Response 
Fund'', $12,693,972,000, to remain available for obligation until 
September 30, 2003, of which $77,900,000 shall be available for 
enhancements to North American Air Defense Command capabilities: 
Provided, That the Secretary of Defense may transfer the funds provided 
in this paragraph only to appropriations for military personnel; 
operation and maintenance, procurement; the Defense Health Program; and 
working capital funds; Provided further, That notwithstanding the 
preceding proviso, $100,000,000 of the funds provided under this 
heading are available for transfer to any other appropriations accounts 
of the Department of Defense, for certain classified activities, and 
notwithstanding any other provision of law, such funds may be obligated 
to carry out projects not otherwise authorized by law: Provided 
further, That any 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 paragraph 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 not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation: Provided further, That the entire amount 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, as amended: Provided further, That $1,393,972,000 shall be 
available only to the extent that an official budget request for 
$1,393,972,000 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.

                              PROCUREMENT

                        Other Procurement, Army

    For an additional amount for ``Other Procurement, Army'', 
$79,200,000, to remain available for obligation until September 30, 
2004: Provided, That the entire amount 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, as amended.

                       Aircraft Procurement, Navy

    For an additional amount for ``Aircraft Procurement, Navy'', 
$22,800,000, to remain available for obligation until September 30, 
2004: Provided, That the entire amount 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, as amended.

            Procurement of Ammunition, Navy and Marine Corps

    For an additional amount for ``Procurement of Ammunition, Navy and 
Marine Corps'', $262,000,000, to remain available for obligation until 
September 30, 2004: Provided, That the entire amount 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, as amended.

                        Other Procurement, Navy

    For an additional amount for ``Other Procurement, Navy'', 
$2,500,000, to remain available for obligation until September 30, 
2004: Provided, That the entire amount 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, as amended.

                       Procurement, Marine Corps

    For an additional amount for ``Procurement, Marine Corps'', 
$3,500,000, to remain available for obligation until September 30, 
2004: Provided, That the entire amount 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, as amended.

                    Aircraft Procurement, Air Force

    For an additional amount for ``Aircraft Procurement, Air Force'', 
$129,500,000, to remain available for obligation until September 30, 
2004: Provided, That the entire amount 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, as amended: 
Provided further, That $36,500,000 shall be available only to the 
extent that an official budget request for $36,500,000, 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.

                  Procurement of Ammunition, Air Force

    For an additional amount for ``Procurement of Ammunition, Air 
Force'', $115,000,000, to remain available for obligation until 
September 30, 2004: Provided, That the entire amount 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, as amended.

                      Other Procurement, Air Force

    For an additional amount for ``Other Procurement, Air Force'', 
$735,340,000, to remain available for obligation until September 30, 
2004; Provided, That the entire amount 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, as amended.

                       Procurement, Defense-Wide

    For an additional amount for ``Procurement, Defense-Wide'', 
$104,425,000, to remain available for obligation until September 30, 
2004; Provided, That funds may be used to purchase vehicles required 
for physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles, but not to exceed $175,000 per 
vehicle: Provided further, That $99,500,000 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, as 
amended.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For an additional amount for ``Research, Development, Test and 
Evaluation, Army'', $8,200,000, to remain available for obligation 
until September 30, 2003: Provided, That the entire amount 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, as amended.

            Research, Development, Test and Evaluation, Navy

    For an additional amount for ``Research, Development, Test and 
Evaluation, Navy'', $9,000,000, to remain available for obligation 
until September 30, 2003: Provided, That the entire amount 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, as amended.

         Research, Development, Test and Evaluation, Air Force

    For an additional amount for ``Research, Development, Test and 
Evaluation, Air Force'', $99,800,000, to remain available for 
obligation until September 30, 2003: Provided, That the entire amount 
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, as amended: Provided further, That $39,000,000 
shall be available only to the extent that an official budget request 
for $39,000,000, 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.

        Research, Development, Test and Evaluation, Defense-Wide

    For an additional amount for ``Research, Development, Test and 
Evaluation, Defense-Wide'', $72,000,000, to remain available for 
obligation until September 30, 2003: Provided, That the entire amount 
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, as amended: Provided further, That $20,000,000 
shall be available only to the extent that an official budget request 
for $20,000,000, 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 PROVISIONS

    Sec. 301. (a) The appropriation under the heading ``Research, 
Development, Test and Evaluation, Navy'' in the Department of Defense 
Appropriations Act, 2002 (Public Law 107-117) is amended by adding the 
following proviso immediately after ``September 30, 2003'': ``: 
Provided, That funds appropriated in this paragraph which are available 
for the V-22 may be used to meet unique requirements of the Special 
Operations Forces''.
    (b) The amendment made by subsection (a) shall be effective as if 
enacted as part of the Department of Defense Appropriations Act, 2002.

                     (including transfer of funds)

    Sec. 302. During the current fiscal year, amounts in or credited to 
the Defense Cooperation Account under 10 U.S.C. 2608(b) shall be 
available for transfer, obligation and expenditure, consistent with the 
purposes for which such amounts were contributed and accepted, by the 
Secretary of Defense to such appropriations or funds of the Department 
of Defense as the Secretary shall determine, to be merged with and to 
be available for the same purposes and the same time period as the 
appropriation or fund 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 this transfer authority is in addition to any other transfer 
authority available to the Department of Defense: Provided further, 
That the entire amount 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, as amended: Provided further, 
That the Secretary of Defense shall report to the Congress quarterly 
all transfers made pursuant to this authority.
    Sec. 303. During fiscal year 2002, the President may continue to 
provide assistance to Russia under cooperative threat reduction 
programs and under title V of the Freedom Support Act (Public Law 102-
511; 106 Stat. 3338) without regard to the certification requirements 
in section 1203(d) of the Cooperative Threat Reduction Act of 1993 (22 
U.S.C. 5952 (d)) and section 502 of the Freedom Support Act (22 U.S.C. 
5852) if the President submits to the Speaker of the House of 
Representatives and the President pro tempore of the Senate a 
certification that providing such assistance is vital to the national 
security interests of the United States.
    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): Provided, 
That any funds appropriated or transferred to the Central Intelligence 
Agency for agent operations or covert action programs authorized by the 
President under section 503 of the National Security Act of 1947, as 
amended, shall remain available until September 30, 2003.
    Sec. 305. Section 8005 of the Department of Defense Appropriations 
Act, 2002 (division A of Public Law 107-117; 115 Stat. 2247), is 
amended by striking ``May 1, 2002'' before the period at the end and 
inserting ``June 15, 2002''.
    Sec. 306. (a) Funds appropriated to the Department of Defense for 
fiscal year 2002 for operation and maintenance under the heading 
``Chemical Agents and Munitions Destruction, Army'', may be used to pay 
for additional costs of international inspectors from the Technical 
Secretariat of the Organization for the Prohibition of Chemical 
Weapons, pursuant to Articles IV and V of the Chemical Weapons 
Convention, for inspections and monitoring of Department of Defense 
sites and commercial sites that perform services under contract to the 
Department of Defense, resulting from the Department of Defense's 
program to accelerate its chemical demilitarization schedule.
    (b) Expenses which may be paid under subsection (a) include--
            (1) salary costs for performance of inspection and 
        monitoring duties;
            (2) travel, including travel to and from the point of entry 
        into the United States and internal United States travel;
            (3) per diem, not to exceed United Nations rates and in 
        compliance with United Nations conditions for per diem for that 
        organization; and
            (4) expenses for operation and maintenance of inspection 
        and monitoring equipment.
    Sec. 307. (a) In fiscal year 2002, funds available to the 
Department of Defense for assistance to the Government of Colombia 
shall be available to support a unified campaign against narcotics 
trafficking, against activities by organizations designated as 
terrorist organizations such as the Revolutionary Armed Forces of 
Colombia (FARC), the National Liberation Army (ELN), and the United 
Self-Defense Forces of Colombia (AUC), and to take actions to protect 
human health and welfare in emergency circumstances, including 
undertaking rescue operations.
    (b) The provision shall also apply to unexpired balances and 
assistance previously provided from prior years' Acts available for 
purposes identified in subsection (a).
    (c) The authority in this section is in addition to authorities 
currently available to provide assistance to Colombia.
    Sec. 308. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense or in the 
Department of Defense and Emergency Supplemental Appropriations for 
Recovery from the Response to Terrorist Attacks on the United States 
Act, 2002 (Public Law 107-117), $93,000,000, to remain available until 
September 30, 2004, is hereby appropriated to the Department of Defense 
for the procurement of three MH-47 Chinook helicopters, as follows: 
``Aircraft Procurement, Army'', $63,000,000; and ``Procurement, 
Defense-Wide'', $30,000,000: Provided, That the entire amount made 
available in this section 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, as amended: Provided further, 
That the entire amount shall be available only to the extent that an 
official budget request for $93,000,000, 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.
    Sec. 309. In addition to amounts appropriated or otherwise made 
available elsewhere in this Act for the Department of Defense or in the 
Department of Defense and Emergency Supplemental Appropriations for 
Recovery from the Response to Terrorist Attacks on the United States 
Act, 2002 (Public Law 107-117), $100,000,000, to remain available until 
September 30, 2003, is hereby appropriated to the Department of Defense 
under the heading ``Chemical Agents and Munitions Destruction, Army'' 
for Research, development, test and evaluation, for the purpose of 
chemical agent destruction at Department of Defense facilities in 
Aberdeen, Maryland, and Newport Indiana: Provided, That the entire 
amount made available in this section 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, as amended: 
Provided further, That the entire amount shall be available only to the 
extent that an official budget request for $100,000,000, that includes 
designation of the entire amount 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.

                             (rescissions)

    Sec. 310. Of the funds available in Department of Defense 
Appropriations Acts or otherwise available to the Department of 
Defense, the following funds are hereby rescinded, from the following 
accounts in the specified amounts:
            ``Other Procurement, Air Force'', 2001/2003, $29,000,000; 
        and ``Procurement, Defense-Wide'', 2002/2004, $30,000,000.
    Sec. 311. Section 2533a of title 10, United States Code, shall not 
apply to any transaction entered into to acquire or sustain aircraft 
under the authority of section 8159 of the Department of Defense 
Appropriations Act, 2002 (division A of Public Law 107-117; 115 Stat. 
2284).
    Sec. 312. Notwithstanding any other provision of law, not to exceed 
$100,000,000, from appropriations available to the Department of 
Defense from the ``Defense Emergency Response Fund'', may be made 
available only to reimburse foreign nations for the costs of goods, 
services, or use of facilities provided in direct support of operations 
by U.S. military forces in the global war on terrorism: Provided, That 
such reimbursements shall be determined and paid in accordance with 
standard accounting practices and procedures: Provided further, That 
the Secretaries of Defense and State shall jointly provide a written 
notification to the Committees on Appropriations of the House of 
Representatives and the Senate 15 days prior to any proposed commitment 
and obligation of funds pursuant to this section, describing each 
proposed use of funds and the proposed sources of funds: Provided 
further, That funds proposed for obligation pursuant to the immediately 
preceding proviso shall not be made available for obligation without 
the prior approval of the Committees on Appropriations.
    This Act may be cited as the ``2002 Supplemental Appropriations Act 
for the Department of Defense''.
                                 <all>