[Congressional Record Volume 147, Number 170 (Monday, December 10, 2001)]
[Senate]
[Pages S12779-S12812]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            DEPARTMENT OF DEFENSE APPROPRIATIONS ACT OF 2002

  On December 7, 2001, the Senate amended and passed H.R. 3338, as 
follows:
  Resolved, That the bill from the House of Representatives (H.R. 3338) 
entitled ``An Act making appropriations for the Department of Defense 
for the fiscal year ending September 30, 2002, and for other 
purposes.'', do pass with the following amendment:
  Strike out all after the enacting clause and insert:

         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),

[[Page S12780]]

     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

[[Page S12781]]

     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,

[[Page S12782]]

     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, of which, 
     $3,000,000 may be used for a Processible Rigid-Rod Polymeric 
     Material Supplier Initiative under title III

[[Page S12783]]

     of the Defense Production Act of 1950 (50 U.S.C. App. 2091 et 
     seq.) to develop affordable production methods and a domestic 
     supplier for military and commercial processible rigid-rod 
     materials.

                  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,

[[Page S12784]]

     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

[[Page S12785]]

     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

[[Page S12786]]

     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

[[Page S12787]]

     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.

[[Page S12788]]

       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.

[[Page S12789]]

       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

[[Page S12790]]

     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.

[[Page S12791]]

     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

[[Page S12792]]

     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.
       (g) Notwithstanding any other provision of this Act or any 
     other provision of law, the President shall have the sole 
     authority to reprogram, for any other defense purpose, the 
     funds authorized by this section if he determines that doing 
     so will increase national security or save lives.
       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. (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. 8133. 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.

[[Page S12793]]

       ``(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.--

[[Page S12794]]

       ``(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.
       Sec. 8134. Section 101(1) of the Soldiers' and Sailors' 
     Civil Relief Act of 1940 (50 U.S.C. App. 511(1)) is amended--
       (1) in the first sentence--
       (A) by striking ``and all'' and inserting ``all''; and
       (B) by inserting before the period the following: ``, and 
     all members of the National Guard on duty described in the 
     following sentence''; and
       (2) in the second sentence, by inserting before the period 
     the following: ``, and, in the case of a member of the 
     National Guard, shall include training or other duty 
     authorized by section 502(f) of title 32, United States Code, 
     at the request of the President, for or in support of an 
     operation during a war or national emergency declared by the 
     President or Congress''.
       Sec. 8135. Sense of Congress Concerning the Military 
     Industrial Base. (a) In General.--It is the sense of the 
     Congress that the military aircraft industrial base of the 
     United States be preserved. In order to ensure this we must 
     retain--
       (1) adequate competition in the design, engineering, 
     production, sale and support of military aircraft;
       (2) continued innovation in the development and manufacture 
     of military aircraft;
       (3) actual and future capability of more than one aircraft 
     company to design, engineer, produce and support military 
     aircraft.
       (b) Study of Impact on the Industrial Base.--In order to 
     determine the current and future adequacy of the military 
     aircraft industrial base a study shall be conducted. Of the 
     funds made available under the heading ``Procurement, 
     Defense-Wide'' in this Act, up to $1,500,000 may be made 
     available for a comprehensive analysis of and report on the 
     risks to innovation and cost of limited or no competition in 
     contracting for military aircraft and related weapon systems 
     for the Department of Defense, including the cost of 
     contracting where there is no more than one primary 
     manufacturer with the capacity to bid for and build military 
     aircraft and related weapon systems, the impact of any 
     limited competition in primary contracting on innovation in 
     the design, development, and construction of military 
     aircraft and related weapon systems, the impact of limited 
     competition in primary contracting on the current and future 
     capacity of manufacturers to design, engineer and build 
     military aircraft and weapon systems. The Secretary of 
     Defense shall report to the House and Senate Committees on 
     Appropriations on the design of this analysis, and shall 
     submit a report to these committees no later than 6 months 
     from the date of enactment of this Act.
       Sec. 8136. The Secretary of the Army shall, using amounts 
     appropriated by title II of this division under the heading 
     ``Operation and Maintenance, Army'', make a production grant 
     in the amount of $2,000,000 to Green Tree Chemical 
     Technologies of Parlin, New Jersey, in order to help sustain 
     that company through fiscal year 2002.
       Sec. 8137. Of the funds appropriated in this Act under the 
     heading ``Research, Development, Test and Evaluation, Air 
     Force'' up to $4,000,000 may be made available to extend the 
     modeling and reengineering program now being performed at the 
     Oklahoma City Air Logistics Center Propulsion Directorate.
       Sec. 8138. Of the total amount appropriated by title VI 
     under the heading ``Other Department of Defense 
     Appropriations'', $7,500,000 may be available for Armed 
     Forces Retirement Homes.
       Sec. 8139. Of the total amount appropriated by this 
     division for operation and maintenance, Marine Corps, 
     $2,800,000 may be used for completing the fielding of half-
     zip, pullover, fleece uniform shirts for all members of the 
     Marine Corps, including the Marine Corps Reserve.
       Sec. 8140. Of the amount appropriated by title III of this 
     division under the heading ``Aircraft Procurement, Air 
     Force'', $6,000,000 may be available for 10 radars in the Air 
     Force Radar Modernization Program for C-130H2 aircraft for 
     aircraft of the Nevada Air National Guard at Reno, Nevada.
       Sec. 8141. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'', $3,000,000 may be made available for 
     Medical Development for the Clark County, Nevada, 
     bioterrorism and public health laboratory.
       Sec. 8142. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Air Force'', $1,000,000 may be made available for 
     Agile Combat Support for the Rural Low Bandwidth Medical 
     Collaboration System.
       Sec. 8143. Of the total amount appropriated by this 
     division for operation and maintenance, Navy, $6,000,000 may 
     be available for the critical infrastructure protection 
     initiative.
       Sec. 8144. Of the funds provided in this Act under the 
     heading, ``Research, Development, Test and Evaluation, Air 
     Force'', $2,000,000 may be made available for Battlespace 
     Logistics Readiness and Sustainment project in Fayetteville, 
     Arkansas.
       Sec. 8145. Of the funds appropriated by title VI of this 
     division under the heading ``Drug Interdiction and Counter-
     Drug Activities, Defense'', $2,400,000 may be made available 
     for the Counter Narcotics and Terrorism Operational Medical 
     Support Program at the Uniformed Services University of the 
     Health Sciences.
       Sec. 8146. (a) Assessment Required.--Not later than March 
     15, 2002, the Secretary of the Army shall submit to the 
     Committees on Appropriations of the Senate and House of 
     Representatives a report containing an assessment of current 
     risks under, and various alternatives to, the current Army 
     plan for the destruction of chemical weapons.
       (b) Elements.--The report under subsection (a) shall 
     include the following:
       (1) A description and assessment of the current risks in 
     the storage of chemical weapons arising from potential 
     terrorist attacks.
       (2) A description and assessment of the current risks in 
     the storage of chemical weapons arising from storage of such 
     weapons after April 2007, the required date for disposal of 
     such weapons as stated in the Chemical Weapons Convention.
       (3) A description and assessment of various options for 
     eliminating or reducing the risks described in paragraphs (1) 
     and (2).
       (c) Considerations.--In preparing the report, the Secretary 
     shall take into account the plan for the disassembly and 
     neutralization of the agents in chemical weapons as described 
     in Army engineering studies in 1985 and 1996, the 1991 
     Department of Defense Safety Contingency Plan, and the 1993 
     findings of the National Academy of Sciences on disassembly 
     and neutralization of chemical weapons.
       Sec. 8147. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'' and available for the Advanced 
     Technology Development for Arms Control Technology element, 
     $7,000,000 may be made available for the Nuclear Treaty sub-
     element of such element for peer-reviewed seismic research to 
     support Air Force operational nuclear test monitoring 
     requirements.
       Sec. 8148. Of the amount available in title III of this 
     division under the heading ``Procurement of Ammunition, Air 
     Force'', $10,000,000 may be available for procurement of 
     Sensor Fused Weapons (CBU-97).
       Sec. 8149. Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement, Navy'', 
     $8,000,000 may be made available for procurement of the 
     Tactical Support Center, Mobile Acoustic Analysis System.
       Sec. 8150. Of the total amount appropriated by this 
     division for operation and maintenance, Air National Guard, 
     $4,000,000 may be used for continuation of the Air National 
     Guard Information Analysis Network (GUARDIAN).
       Sec. 8151. Of the amount appropriated by title II for 
     operation and maintenance, Defense-wide, $55,700,000 may be 
     available for the Defense Leadership and Management Program.
       Sec. 8152. Of the funds made available in title IV of this 
     Act under the heading ``Research, Development, Test and 
     Evaluation, Army'', up to $4,000,000 may be made available 
     for the

[[Page S12795]]

     Display Performance and Environmental Evaluation Laboratory 
     Project of the Army Research Laboratory.
       Sec. 8153. Of the funds made available in title II of this 
     Act under the heading ``Operation and Maintenance, Navy'', up 
     to $2,000,000 may be made available for the U.S. Navy to 
     expand the number of combat aircrews who can benefit from 
     outsourced Joint Airborne Tactical Electronic Combat 
     Training.
       Sec. 8154. Of the funds made available in title II of this 
     Act under the heading ``Operation and Maintenance, Air 
     Force'', up to $2,000,000 may be made available for the U.S. 
     Air Force to expand the number of combat aircrews who can 
     benefit from outsourced Joint Airborne Tactical Electronic 
     Combat Training.
       Sec. 8155. Sense of the Senate Regarding Environmental 
     Contamination in the Philippines. It is the sense of the 
     Senate that--
       (1) the Secretary of State, in cooperation with the 
     Secretary of Defense, should continue to work with the 
     Government of the Philippines and with appropriate non-
     governmental organizations in the United States and the 
     Philippines to fully identify and share all relevant 
     information concerning environmental contamination and health 
     effects emanating from former United States military 
     facilities in the Philippines following the departure of the 
     United States military forces from the Philippines in 1992;
       (2) the United States and the Government of the Philippines 
     should continue to build upon the agreements outlined in the 
     Joint Statement by the United States and the Republic of the 
     Philippines on a Framework for Bilateral Cooperation in the 
     Environment and Public Health, signed on July 27, 2000; and
       (3) Congress should encourage an objective non-governmental 
     study, which would examine environmental contamination and 
     health effects emanating from former United States military 
     facilities in the Philippines, following the departure of 
     United States military forces from the Philippines in 1992.
       Sec. 8156. (a) Authority for Burial of Certain Individuals 
     at Arlington National Cemetery.--The Secretary of the Army 
     shall authorize the burial in a separate gravesite at 
     Arlington National Cemetery, Virginia, of any individual 
     who--
       (1) died as a direct result of the terrorist attacks on the 
     United States on September 11, 2001; and
       (2) would have been eligible for burial in Arlington 
     National Cemetery by reason of service in a reserve component 
     of the Armed Forces but for the fact that such individual was 
     less than 60 years of age at the time of death.
       (b) Eligibility of Surviving Spouse.--The surviving spouse 
     of an individual buried in a gravesite in Arlington National 
     Cemetery under the authority provided under subsection (a) 
     shall be eligible for burial in the gravesite of the 
     individual to the same extent as the surviving spouse of any 
     other individual buried in Arlington National Cemetery is 
     eligible for burial in the gravesite of such other 
     individual.
       Sec. 8157. In fiscal year 2002, the Department of the 
     Interior National Business Center may continue to enter into 
     grants, cooperative agreements, and other transactions, under 
     the Defense Conversion, Reinvestment, and Transition 
     Assistance Act of 1992, and other related legislation.
       Sec. 8158. Of the total amount appropriated by this 
     division for other procurement, Army, $9,000,000 may be 
     available for the ``Product Improved Combat Vehicle Crewman's 
     Headset''.
       Sec. 8159. Of the funds appropriated by this division for 
     research, development, test and evaluation, Navy, up to 
     $4,000,000 may be used to support development and testing of 
     new designs of low cost digital modems for Wideband Common 
     Data Link.
       Sec. 8160. Of the amount appropriated by this division for 
     the Army for research, development, test, and evaluation, 
     $2,000,000 may be available for research and development of 
     key enabling technologies (such as filament winding, 
     braiding, contour weaving, and dry powder resin towpregs 
     fabrication) for producing low cost, improved performance, 
     reduced signature, multifunctional composite materials.
       Sec. 8161. Of the total amount appropriated under title IV 
     for research, development, test and evaluation, Army, 
     $2,000,000 may be available for the Collaborative Engineering 
     Center of Excellence, $3,000,000 may be available for the 
     Battlefield Ordnance Awareness, and $4,000,000 may be 
     available for the Cooperative Micro-satellite Experiment.
       Sec. 8162. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'' that is available for Munitions, 
     $5,000,000 may be available to develop high-performance 81mm 
     and 120mm mortar systems that use metal matrix composites to 
     substantially reduce the weight of such systems.
       Sec. 8163. Of the total amount appropriated by title IV of 
     this division for research, development, test, and 
     evaluation, Air Force, up to $6,000,000 may be used for human 
     effectiveness applied research for continuing development 
     under the solid electrolyte oxygen separation program of the 
     Air Force.
       Sec. 8164. 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. 8165. Of the amount appropriated by title IV of this 
     division for the Army for research, development, test, and 
     evaluation, $5,000,000 may be available for the Three-
     Dimensional Ultrasound Imaging Initiative II.
       Sec. 8166. Of the amount available in title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'' that is available for missile technology, 
     $5,000,000 may be available for the Surveillance Denial Solid 
     Dye Laser Technology program of the Aviation and Missile 
     Research, Development and Engineering Center of the Army.
       Sec. 8167. Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement, Army'', 
     $10,000,000 may be made available for procurement of 
     Shortstop Electronic Protection Systems for critical force 
     protection.
       Sec. 8168. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Navy'', up to $5,000,000 may be made available 
     for the Broad Area Maritime Surveillance program.
       Sec. 8169. (a) Increase in Amount Available for Former 
     Soviet Union Threat Reduction.--The amount appropriated by 
     title II of this division under the heading ``Former Soviet 
     Union Threat Reduction'' is hereby increased by $46,000,000.
       (b) Offset.--The amount appropriated by title II of this 
     division under the heading ``Operation and Maintenance, 
     Defense-Wide'' is hereby decreased by $46,000,000.
       Sec. 8170. Of the total amount appropriated by title IV 
     under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'', $2,000,000 may be made available 
     for Military Personnel Research.
       Sec. 8171. Funds appropriated by this Act for C-130J 
     aircraft shall be used to support the Air Force's long-range 
     plan called the ``C-130 Roadmap'' to assist in the planning, 
     budgeting, and beddown of the C-130J fleet. The ``C-130 
     Roadmap'' gives consideration to the needs of the service, 
     the condition of the aircraft to be replaced, and the 
     requirement to properly phase facilities to determine the 
     best C-130J aircraft beddown sequence.
       Sec. 8172. Of the funds made available in title II of this 
     Act under the heading ``Operation and Maintenance, Army'', 
     $2,550,000 may be available for the U.S. Army Materiel 
     Command's Logistics and Technology Project (LOGTECH).
       Sec. 8173. Of the total amount appropriated by title IV 
     under the heading ``Research, Development, Test and 
     Evaluation, Navy'', $5,000,000 is available for the planning 
     and design for evolutionary improvements for the next LHD-
     type Amphibious Assault Ship.
       Sec. 8174. (a) Of the total amount appropriated by title 
     III of this division for procurement, Defense-Wide, up to 
     $5,000,000 may be made available for low-rate initial 
     production of the Striker advanced lightweight grenade 
     launcher.
       (b) Of the total amount appropriated by title IV of this 
     division for research, development, test and evaluation, 
     Navy, up to $1,000,000 may be made available for the 
     Warfighting Laboratory for delivery and evaluation of 
     prototype units of the Striker advanced lightweight grenade 
     launcher.
       Sec. 8175. Of the total amount appropriated by title IV of 
     this division for research, development, test and evaluation, 
     Defense-Wide, up to $4,000,000 may be made available for the 
     Intelligent Spatial Technologies for Smart Maps Initiative of 
     the National Imagery and Mapping Agency.
       Sec. 8176. Of the total amount appropriated by title IV of 
     this division for research, development, test, and 
     evaluation, Defense-Wide, $5,000,000 may be available for 
     further development of light weight sensors of chemical and 
     biological agents using fluorescence-based detection.
       Sec. 8177. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'', $2,500,000 may be made available for the 
     Army Nutrition Project.
       Sec. 8178. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'', $2,000,000 may be made available 
     for the Partnership for Peace (PFP) Information Management 
     System. Any amount made available for the Partnership for 
     Peace Information Management System under this section is in 
     addition to other amounts available for the Partnership for 
     Peace Information Management System under this Act.
       Sec. 8179. Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement, Army'', 
     $4,892,000 may be used for the Communicator Automated 
     Emergency Notification System of the Army National Guard.
       Sec. 8180. Of the funds provided for Research, Development, 
     Test and Evaluation in this Act, the Secretary of Defense may 
     use $10,000,000 to initiate a university-industry program to 
     utilize advances in 3-dimensional chip scale packaging (CSP) 
     and high temperature superconducting (HTS) transceiver 
     performance, to reduce the size, weight, power consumption, 
     and cost of advanced military wireless communications systems 
     for covert military and intelligence operations, especially 
     HUMINT.
       Sec. 8181. (a) Funding for National Guard Consolidated 
     Interactive Virtual Information Center.-- Of the amount 
     appropriated by title II of this division under the heading 
     ``Operation and Maintenance, Air National Guard'', $5,000,000 
     may be available for the Consolidated Interactive Virtual 
     Information Center of the National Guard.
       (b) Supplement Not Supplant.--The amount available under 
     subsection (a) for the Consolidated Interactive Virtual 
     Information Center of the National Guard is in addition to 
     any other amounts available under this Act for the 
     Consolidated Interactive Virtual Information Center.
       Sec. 8182. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Navy'' and available for Navy Space and 
     Electronic Warfare (SEW) Architecture/Engine,

[[Page S12796]]

     $1,200,000 may be made available for concept development and 
     composite construction of high speed vessels currently 
     implemented by the Navy Warfare Development Command.
       Sec. 8183. Of the total amount appropriated by this 
     division for operation and maintenance, Defense-Wide, 
     $5,000,000 may be available for payments under section 363 of 
     the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
     114 Stat. 1654A-77).
       Sec. 8184. (a) Findings.--The Senate makes the following 
     findings:
       (1) The military departments have recently initiated worker 
     safety demonstration programs.
       (2) These programs are intended to improve the working 
     conditions of Department of Defense personnel and save money.
       (3) These programs are in the public interest, and the 
     enhancement of these programs will lead to desirable results 
     for the military departments.
       (b) Funds for Enhancement of Army Program.--Of the amount 
     appropriated by title II of this division under the heading 
     ``Operation and Maintenance, Army'', $3,300,000 may be 
     available to enhance the Worker Safety Demonstration Program 
     of the Army.
       (c) Funds for Enhancement of Navy Program.--Of the amount 
     appropriated by title II of this division under the heading 
     ``Operation and Maintenance, Navy'', $3,300,000 may be 
     available to enhance the Worker Safety Demonstration Program 
     of the Navy.
       (d) Funds for Enhancement of Air Force Program.--Of the 
     amount appropriated by title II of this division under the 
     heading ``Operation and Maintenance, Air Force'', $3,300,000 
     may be available to enhance the Worker Safety Demonstration 
     Program of the Air Force.
       Sec. 8185. Of the total amount appropriated by this 
     division for operation and maintenance, Air National Guard, 
     $435,000 may be available (subject to section 2805(c) of 
     title 10, United States Code) for the replacement of 
     deteriorating gas lines, mains, valves, and fittings at the 
     Air National Guard facility at Rosecrans Memorial Airport, 
     St. Joseph, Missouri, and (subject to section 2811 of title 
     10, United States Code) for the repair of the roof of the 
     Aerial Port Facility at that airport.
       Sec. 8186. Of the amount appropriated in title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Navy'', $7,000,000 may be made available for the 
     Center for Advanced Power Systems.
       Sec. 8187. Of the amount appropriated by title IV of this 
     division for the Air Force for research, development, test, 
     and evaluation, $3,500,000 may be available for the 
     Collaborative Technology Clusters program.
       Sec. 8188. Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement, Army'', 
     $7,000,000 may be available for Army live fire ranges.
       Sec. 8189. Of the amount appropriated by title II of this 
     division under the heading ``Operation and Maintenance, Air 
     Force'', $3,900,000 may be available for the aging aircraft 
     program of the Air Force.
       Sec. 8190. Of the total amount appropriated in title II of 
     this division for operation and maintenance, Navy, for 
     civilian manpower and personnel management, $1,500,000 may be 
     used for the Navy Pilot Human Resources Call Center, Cutler, 
     Maine.
       Sec. 8191. Of the total amount appropriated in title IV of 
     this division for research, development, test and evaluation, 
     Army, $5,000,000 may be used for Compact Kinetic Energy 
     Missile Inertial Future Missile Technology Integration.
       Sec. 8192. Of the amount appropriated by title III of this 
     division under the heading ``Other Procurement, Navy'', 
     $1,600,000 may be available for the Navy for Engineering 
     Control and Surveillance Systems.
       Sec. 8193. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Navy'', $5,000,000 may made be available for a 
     program at the Naval Medical Research Center (NMRC) to treat 
     victims of radiation exposure.
       Sec. 8194. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Defense-Wide'', $10,000,000 may be available for 
     the Gulf States Initiative.
       Sec. 8195. Of the total amount appropriated by title IV of 
     this division for research, development, test, and 
     evaluation, Navy, $4,300,000 may be available for the 
     demonstration and validation of laser fabricated steel 
     reinforcement for ship construction.
       Sec. 8196. Report on Progress Toward Implementation of 
     Comprehensive Nuclear Threat Reduction Programs to Safeguard 
     Pakistani and Indian Missile Nuclear Stockpiles and 
     Technology. (a) Findings.--Congress makes the following 
     findings:
       (1) Since 1991 the Nunn-Lugar cooperative threat reduction 
     initiative with the Russian Federation has sought to address 
     the threat posed by Soviet-era stockpiles of nuclear, 
     chemical, and biological weapons-grade materials being 
     illicitly acquired by terrorist organizations or rogue 
     states.
       (2) India and Pakistan have acquired or developed 
     independently nuclear materials, detonation devices, 
     warheads, and delivery systems as part of their nuclear 
     weapons programs.
       (3) Neither India nor Pakistan is currently a signatory of 
     the Nuclear Non-Proliferation Treaty or the Comprehensive 
     Test Ban Treaty or an active participant in the United 
     Nations Conference of Disarmament, nor do these countries 
     voluntarily submit to international inspections of their 
     nuclear facilities.
       (4) Since the commencement of the military campaign against 
     the Taliban regime and the al-Qaeda terrorist network in 
     Afghanistan, Pakistan has taken additional steps to secure 
     its nuclear assets from theft by members of al-Qaeda or other 
     terrorists sympathetic to Osama bin Laden or the Taliban.
       (5) Self-policing of nuclear materials and sensitive 
     technologies by Indian and Pakistani authorities without up-
     to-date Western technology and expertise in the nuclear 
     security area is unlikely to prevent determined terrorists or 
     sympathizers from gaining access to such stockpiles over the 
     long term.
       (6) The United States has a significant national security 
     interest in cooperating with India and Pakistan in order to 
     ensure that effective nuclear threat reduction programs and 
     policies are being pursued by the governments of those two 
     countries.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Defense, in 
     cooperation with the Secretaries of State and Energy, shall 
     submit a report to Congress describing the steps that have 
     been taken to develop cooperative threat reduction programs 
     with India and Pakistan. Such report shall include 
     recommendations for changes in any provision of existing law 
     that is currently an impediment to the full establishment of 
     such programs, a timetable for implementation of such 
     programs, and an estimated five-year budget that will be 
     required to fully fund such programs.
       Sec. 8197. Of the amount appropriated by title III of this 
     division under the heading ``Procurement, Marine Corps'', 
     $5,000,000 may be available for M-4 Carbine, Modular Weapon 
     Systems.
       Sec. 8198. Of the amount appropriated by title III of this 
     division under the heading ``Aircraft Procurement, Army'', 
     $7,500,000 may be available for AN/AVR-2A laser detecting 
     sets.
       Sec. 8199. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Air Force'', $2,500,000 may be available for 
     Industrial Preparedness (PE0708011F) for continuing 
     development of the nickel-metal hydride replacement battery 
     for F-16 aircraft.
       Sec. 8200. Of the amount appropriated by title III under 
     the heading ``Aircraft Procurement, Navy'', $8,960,000 may be 
     available for the Navy for four Hushkit noise inhibitors for 
     C-9 aircraft.
       Sec. 8201. Of the amount appropriated by title VI of this 
     division under the heading ``Defense Health Program'', 
     $5,000,000 may be available for the Army for the development 
     of the Operating Room of the Future, an applied technology 
     test bed at the University of Maryland Medical Center.
       Sec. 8202. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Army'', $5,700,000 may be made available for the 
     Coalition for Advanced Biomaterials Technologies and 
     Therapies (CABTT) program to maximize far-forward treatment 
     and for the accelerated return to duty of combat casualties.
       Sec. 8203. Of the amount appropriated by title III of this 
     division under the heading ``Aircraft Procurement, Navy'', 
     $9,800,000 may be available for Advanced Digital Recorders 
     and Digital Recorder Producers for P-3 aircraft.
       Sec. 8204. From amounts appropriated by this division, 
     amounts may hereby be made available as follows: $8,000,000 
     for Big Crow (PE605118D).
       Sec. 8205. From within amounts appropriated by title IV of 
     this division under the heading ``Research, Development, Test 
     and Evaluation, Army'' the Commanding General of the Army 
     Space and Missile Defense Command may acquire and maintain 
     domed housing units for military personnel on Kwajalein Atoll 
     and other islands and locations in support of the mission of 
     the command.
       Sec. 8206. Of the funds made available in title IV of this 
     Act under the heading ``Research, Development, Test and 
     Evaluation, Army'' $4,000,000 may be available for a national 
     tissue engineering center.
       Sec. 8207. Of the funds in title III for Ammunition 
     Procurement, Army, $5,000,000 may be available for M107, HE, 
     155mm.
       Sec. 8208. Of the funds in title IV for Research, 
     Development, Test and Evaluation, Air Force, $1,000,000 may 
     be available for Integrated Medical Information Technology 
     System.
       Sec. 8209. Of the funds authorized in title IV for 
     appropriation for Research, Development, Test and Evaluation, 
     Navy, $3,000,000 may be available for modular helmet.
       Sec. 8210. Of the funds available in title II for Operation 
     and Maintenance, Army Reserve, $5,000,000 may be available 
     for land forces readiness-information operations.
       Sec. 8211. Of the total amount appropriated by title III of 
     this division for other procurement, Navy, $10,000,000 may be 
     available for the NULKA decoy procurement.
       Sec. 8212. (a) Modification of General Requirements.--
     Section 1078(b) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted by Public 
     Law 106-398; 114 Stat. 1654A-283) is amended--
       (1) in paragraph (1), by inserting ``, or its contractors 
     or subcontractors,'' after ``Department of Defense''; and
       (2) in paragraph (3), by striking ``stored, assembled, 
     disassembled, or maintained'' and inserting ``manufactured, 
     assembled, or disassembled''.
       (b) Determination of Exposures at IAAP.--The Secretary of 
     Defense shall take appropriate actions to determine the 
     nature and extent of the exposure of current and former 
     employees at the Army facility at the Iowa Army Ammunition 
     Plant, including contractor and subcontractor employees at 
     the facility, to radioactive or other hazardous substances at 
     the facility, including possible pathways for the exposure of 
     such employees to such substances.
       (c) Notification of Employees Regarding Exposure.--(1) The 
     Secretary shall take appropriate actions to--

[[Page S12797]]

       (A) identify current and former employees at the facility 
     referred to in subsection (b), including contractor and 
     subcontractor employees at the facility; and
       (B) notify such employees of known or possible exposures to 
     radioactive or other hazardous substances at the facility.
       (2) Notice under paragraph (1)(B) shall include--
       (A) information on the discussion of exposures covered by 
     such notice with health care providers and other appropriate 
     persons who do not hold a security clearance; and
       (B) if necessary, appropriate guidance on contacting health 
     care providers and officials involved with cleanup of the 
     facility who hold an appropriate security clearance.
       (3) Notice under paragraph (1)(B) shall be by mail or other 
     appropriate means, as determined by the Secretary.
       (d) Deadline for Actions.--The Secretary shall complete the 
     actions required by subsections (b) and (c) not later than 90 
     days after the date of the enactment of this Act.
       (e) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to the 
     congressional defense committees a report setting forth the 
     results of the actions undertaken by the Secretary under this 
     section, including any determinations under subsection (b), 
     the number of workers identified under subsection (c)(1)(A), 
     the content of the notice to such workers under subsection 
     (c)(1)(B), and the status of progress on the provision of the 
     notice to such workers under subsection (c)(1)(B).
       Sec. 8213. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Air Force'' $1,000,000, may be available for Low 
     Cost Launch Vehicle Technology.
       Sec. 8214. (a) Study of Physical State of Armed Services 
     Initial Entry Trainee Housing and Barracks.--The Comptroller 
     General of the United States shall carry out a study of the 
     physical state of the Initial Entry Trainee housing and 
     barracks of the Armed Services.
       (b) Report to Congress.--Not later than nine months after 
     the date of the enactment of this Act, the Comptroller 
     General shall submit to the congressional defense committees 
     a report on the study carried out under subsection (a). The 
     report shall set forth the results of the study, and shall 
     include such other matters relating to the study as the 
     Comptroller General considers appropriate.
       (c) Congressional Defense Committees Defined.--In this 
     section, the term ``congressional defense committees'' 
     means--
       (1) the Committees on Appropriations and Armed Services of 
     the Senate; and
       (2) the Committees on Appropriations and Armed Services of 
     the House of Representatives.
       Sec. 8215. Pilot Program for Efficient Inventory Management 
     System for the Department of Defense. (a) Of the total amount 
     appropriated by this division for operation and maintenance, 
     Defense-Wide, $1,000,000 may be available for the Secretary 
     of Defense to carry out a pilot program for the development 
     and operation of an efficient inventory management system for 
     the Department of Defense. The pilot program may be designed 
     to address the problems in the inventory management system of 
     the Department that were identified by the Comptroller 
     General of the United States as a result of the General 
     Accounting Office audit of the inventory management system of 
     the Department in 1997.
       (b) In entering into any contract for purposes of the pilot 
     program, the Secretary may take into appropriate account 
     current Department contract goals for small business concerns 
     owned and controlled by socially and economically 
     disadvantaged individuals.
       (c) Not later than one year after the date of the enactment 
     of this Act, the Secretary may submit to Congress a report on 
     the pilot program. The report shall describe the pilot 
     program, assess the progress of the pilot program, and 
     contain such recommendations as the Secretary considers 
     appropriate regarding expansion or extension of the pilot 
     program.
       Sec. 8216. Of the amount appropriated by title IV of this 
     division under the heading ``Research, Development, Test and 
     Evaluation, Navy'', $2,000,000 may be allocated to the 
     Advanced Safety Tether Operation and Reliability/Space 
     Transfer using Electrodynamic Propulsion (STEP-AIRSEDS) 
     program (PE0602236N) of the Office of Naval Research/Navy 
     Research Laboratory.

       TITLE IX--AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2001

     SEC. 9001. SHORT TITLE.

       This title may be cited as the ``American Servicemembers' 
     Protection Act of 2001''.

     SEC. 9002. FINDINGS.

       Congress makes the following findings:
       (1) On July 17, 1998, the United Nations Diplomatic 
     Conference of Plenipotentiaries on the Establishment of an 
     International Criminal Court, meeting in Rome, Italy, adopted 
     the ``Rome Statute of the International Criminal Court''. The 
     vote on whether to proceed with the statute was 120 in favor 
     to 7 against, with 21 countries abstaining. The United States 
     voted against final adoption of the Rome Statute.
       (2) As of April 30, 2001, 139 countries had signed the Rome 
     Statute and 30 had ratified it. Pursuant to Article 126 of 
     the Rome Statute, the statute will enter into force on the 
     first day of the month after the 60th day following the date 
     on which the 60th country deposits an instrument ratifying 
     the statute.
       (3) Since adoption of the Rome Statute, a Preparatory 
     Commission for the International Criminal Court has met 
     regularly to draft documents to implement the Rome Statute, 
     including Rules of Procedure and Evidence, Elements of 
     Crimes, and a definition of the Crime of Aggression.
       (4) During testimony before the Congress following the 
     adoption of the Rome Statute, the lead United States 
     negotiator, Ambassador David Scheffer stated that the United 
     States could not sign the Rome Statute because certain 
     critical negotiating objectives of the United States had not 
     been achieved. As a result, he stated: ``We are left with 
     consequences that do not serve the cause of international 
     justice.''
       (5) Ambassador Scheffer went on to tell the Congress that: 
     ``Multinational peacekeeping forces operating in a country 
     that has joined the treaty can be exposed to the Court's 
     jurisdiction even if the country of the individual 
     peacekeeper has not joined the treaty. Thus, the treaty 
     purports to establish an arrangement whereby United States 
     armed forces operating overseas could be conceivably 
     prosecuted by the international court even if the United 
     States has not agreed to be bound by the treaty. Not only is 
     this contrary to the most fundamental principles of treaty 
     law, it could inhibit the ability of the United States to use 
     its military to meet alliance obligations and participate in 
     multinational operations, including humanitarian 
     interventions to save civilian lives. Other contributors to 
     peacekeeping operations will be similarly exposed.''.
       (6) Notwithstanding these concerns, President Clinton 
     directed that the United States sign the Rome Statute on 
     December 31, 2000. In a statement issued that day, he stated 
     that in view of the unremedied deficiencies of the Rome 
     Statute, ``I will not, and do not recommend that my successor 
     submit the Treaty to the Senate for advice and consent until 
     our fundamental concerns are satisfied''.
       (7) Any American prosecuted by the International Criminal 
     Court will, under the Rome Statute, be denied procedural 
     protections to which all Americans are entitled under the 
     Bill of Rights to the United States Constitution, such as the 
     right to trial by jury.
       (8) Members of the Armed Forces of the United States should 
     be free from the risk of prosecution by the International 
     Criminal Court, especially when they are stationed or 
     deployed around the world to protect the vital national 
     interests of the United States. The United States Government 
     has an obligation to protect the members of its Armed Forces, 
     to the maximum extent possible, against criminal prosecutions 
     carried out by the International Criminal Court.
       (9) In addition to exposing members of the Armed Forces of 
     the United States to the risk of international criminal 
     prosecution, the Rome Statute creates a risk that the 
     President and other senior elected and appointed officials of 
     the United States Government may be prosecuted by the 
     International Criminal Court. Particularly if the Preparatory 
     Commission agrees on a definition of the Crime of Aggression 
     over United States objections, senior United States officials 
     may be at risk of criminal prosecution for national security 
     decisions involving such matters as responding to acts of 
     terrorism, preventing the proliferation of weapons of mass 
     destruction, and deterring aggression. No less than members 
     of the Armed Forces of the United States, senior officials of 
     the United States Government should be free from the risk of 
     prosecution by the International Criminal Court, especially 
     with respect to official actions taken by them to protect the 
     national interests of the United States.
       (10) Any agreement within the Preparatory Commission on a 
     definition of the Crime of Aggression that usurps the 
     prerogative of the United Nations Security Council under 
     Article 39 of the charter of the United Nations to 
     ``determine the existence of any . . . act of aggression'' 
     would contravene the charter of the United Nations and 
     undermine deterrence.
       (11) It is a fundamental principle of international law 
     that a treaty is binding upon its parties only and that it 
     does not create obligations for nonparties without their 
     consent to be bound. The United States is not a party to the 
     Rome Statute and will not be bound by any of its terms. The 
     United States will not recognize the jurisdiction of the 
     International Criminal Court over United States nationals.

     SEC. 9003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS 
                   TITLE.

       (a) Authority To Waive Sections 9004 and 9005 With Respect 
     to an Investigation or Prosecution of a Named Individual.--
     The President is authorized to waive the prohibitions and 
     requirements of sections 9004 and 9005 to the degree such 
     prohibitions and requirements would prevent United States 
     cooperation with an investigation or prosecution of a named 
     individual by the International Criminal Court. A waiver 
     under this subsection may be issued only if the President at 
     least 15 days in advance of exercising such authority--
       (1) notifies the appropriate congressional committees of 
     the intention to exercise such authority; and
       (2) determines and reports to the appropriate congressional 
     committees that--
       (A) there is reason to believe that the named individual 
     committed the crime or crimes that are the subject of the 
     International Criminal Court's investigation or prosecution;
       (B) it is in the national interest of the United States for 
     the International Criminal Court's investigation or 
     prosecution of the named individual to proceed; and
       (C) in investigating events related to actions by the named 
     individual, none of the following persons will be 
     investigated, arrested, detained, prosecuted, or imprisoned 
     by or on behalf of the International Criminal Court with 
     respect to actions undertaken by them in an official 
     capacity:
       (i) Covered United States persons.
       (ii) Covered allied persons.
       (iii) Individuals who were covered United States persons or 
     covered allied persons.
       (b) Termination of Prohibitions of This Title.--The 
     prohibitions and requirements of

[[Page S12798]]

     sections 9004 and 9005 shall cease to apply, and the 
     authority of section 9006 shall terminate, if the United 
     States becomes a party to the International Criminal Court 
     pursuant to a treaty made under article II, section 2, clause 
     2 of the Constitution of the United States.

     SEC. 9004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL 
                   CRIMINAL COURT.

       (a) Application.--The provisions of this section--
       (1) apply only to cooperation with the International 
     Criminal Court and shall not apply to cooperation with an ad 
     hoc international criminal tribunal established by the United 
     Nations Security Council before or after the date of the 
     enactment of this Act to investigate and prosecute war crimes 
     committed in a specific country or during a specific 
     conflict; and
       (2) shall not prohibit--
       (A) any action permitted under section 9006; or
       (B) communication by the United States of its policy with 
     respect to a matter.
       (b) Prohibition on Responding to Requests for 
     Cooperation.--Notwithstanding section 1782 of title 28, 
     United States Code, or any other provision of law, no United 
     States Court, and no agency or entity of any State or local 
     government, including any court, may cooperate with the 
     International Criminal Court in response to a request for 
     cooperation submitted by the International Criminal Court 
     pursuant to the Rome Statute.
       (c) Prohibition on Transmittal of Letters Rogatory From the 
     International Criminal Court.--Notwithstanding section 1781 
     of title 28, United States Code, or any other provision of 
     law, no agency of the United States Government may transmit 
     for execution any letter rogatory issued, or other request 
     for cooperation made, by the International Criminal Court to 
     the tribunal, officer, or agency in the United States to whom 
     it is addressed.
       (d) Prohibition on Extradition to the International 
     Criminal Court.--Notwithstanding any other provision of law, 
     no agency or entity of the United States Government or of any 
     State or local government may extradite any person from the 
     United States to the International Criminal Court, nor 
     support the transfer of any United States citizen or 
     permanent resident alien to the International Criminal Court.
       (e) Prohibition on Provision of Support to the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no agency or entity of the United States 
     Government or of any State or local government, including any 
     court, may provide support to the International Criminal 
     Court.
       (f) Prohibition on Use of Appropriated Funds To Assist the 
     International Criminal Court.--Notwithstanding any other 
     provision of law, no funds appropriated under any provision 
     of law may be used for the purpose of assisting the 
     investigation, arrest, detention, extradition, or prosecution 
     of any United States citizen or permanent resident alien by 
     the International Criminal Court.
       (g) Restriction on Assistance Pursuant to Mutual Legal 
     Assistance Treaties.--The United States shall exercise its 
     rights to limit the use of assistance provided under all 
     treaties and executive agreements for mutual legal assistance 
     in criminal matters, multilateral conventions with legal 
     assistance provisions, and extradition treaties, to which the 
     United States is a party, and in connection with the 
     execution or issuance of any letter rogatory, to prevent the 
     transfer to, or other use by, the International Criminal 
     Court of any assistance provided by the United States under 
     such treaties and letters rogatory.
       (h) Prohibition on Investigative Activities of Agents.--No 
     agent of the International Criminal Court may conduct, in the 
     United States or any territory subject to the jurisdiction of 
     the United States, any investigative activity relating to a 
     preliminary inquiry, investigation, prosecution, or other 
     proceeding at the International Criminal Court.

     SEC. 9005. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF 
                   CLASSIFIED NATIONAL SECURITY INFORMATION AND 
                   LAW ENFORCEMENT INFORMATION TO THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) In General.--Not later than the date on which the Rome 
     Statute enters into force, the President shall ensure that 
     appropriate procedures are in place to prevent the transfer 
     of classified national security information and law 
     enforcement information to the International Criminal Court 
     for the purpose of facilitating an investigation, 
     apprehension, or prosecution.
       (b) Indirect Transfer.--The procedures adopted pursuant to 
     subsection (a) shall be designed to prevent the transfer to 
     the United Nations and to the government of any country that 
     is party to the International Criminal Court of classified 
     national security information and law enforcement information 
     that specifically relates to matters known to be under 
     investigation or prosecution by the International Criminal 
     Court, except to the degree that satisfactory assurances are 
     received from the United Nations or that government, as the 
     case may be, that such information will not be made available 
     to the International Criminal Court for the purpose of 
     facilitating an investigation, apprehension, or prosecution.
       (c) Construction.--The provisions of this section shall not 
     be construed to prohibit any action permitted under section 
     9006.

     SEC. 9006. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF 
                   THE UNITED STATES AND CERTAIN OTHER PERSONS 
                   DETAINED OR IMPRISONED BY OR ON BEHALF OF THE 
                   INTERNATIONAL CRIMINAL COURT.

       (a) Authority.--The President is authorized to use all 
     means necessary and appropriate to bring about the release of 
     any person described in subsection (b) who is being detained 
     or imprisoned by, on behalf of, or at the request of the 
     International Criminal Court.
       (b) Persons Authorized To Be Freed.--The authority of 
     subsection (a) shall extend to the following persons:
       (1) Covered United States persons.
       (2) Covered allied persons.
       (3) Individuals detained or imprisoned for official actions 
     taken while the individual was a covered United States person 
     or a covered allied person, and in the case of a covered 
     allied person, upon the request of such government.
       (c) Authorization of Legal Assistance.--When any person 
     described in subsection (b) is arrested, detained, 
     investigated, prosecuted, or imprisoned by, on behalf of, or 
     at the request of the International Criminal Court, the 
     President is authorized to direct any agency of the United 
     States Government to provide--
       (1) legal representation and other legal assistance to that 
     person (including, in the case of a person entitled to 
     assistance under section 1037 of title 10, United States 
     Code, representation and other assistance in the manner 
     provided in that section);
       (2) exculpatory evidence on behalf of that person; and
       (3) defense of the interests of the United States through 
     appearance before the International Criminal Court pursuant 
     to Article 18 or 19 of the Rome Statute, or before the courts 
     or tribunals of any country.
       (d) Bribes and Other Inducements Not Authorized.--This 
     section does not authorize the payment of bribes or the 
     provision of other such incentives to induce the release of a 
     person described in subsection (b).

     SEC. 9007. ALLIANCE COMMAND ARRANGEMENTS.

       (a) Report on Alliance Command Arrangements.--Not later 
     than 6 months after the date of the enactment of this Act, 
     the President should transmit to the appropriate 
     congressional committees a report with respect to each 
     military alliance to which the United States is party--
       (1) describing the degree to which members of the Armed 
     Forces of the United States may, in the context of military 
     operations undertaken by or pursuant to that alliance, be 
     placed under the command or operational control of foreign 
     military officers subject to the jurisdiction of the 
     International Criminal Court because they are nationals of a 
     party to the International Criminal Court; and
       (2) evaluating the degree to which members of the Armed 
     Forces of the United States engaged in military operations 
     undertaken by or pursuant to that alliance may be exposed to 
     greater risks as a result of being placed under the command 
     or operational control of foreign military officers subject 
     to the jurisdiction of the International Criminal Court.
       (b) Description of Measures To Achieve Enhanced Protection 
     for Members of the Armed Forces of the United States.--Not 
     later than one year after the date of the enactment of this 
     Act, the President should transmit to the appropriate 
     congressional committees a description of modifications to 
     command and operational control arrangements within military 
     alliances to which the United States is a party that could be 
     made in order to reduce any risks to members of the Armed 
     Forces of the United States identified pursuant to subsection 
     (a)(2).
       (c) Submission in Classified Form.--The report under 
     subsection (a), and the description of measures under 
     subsection (b), or appropriate parts thereof, may be 
     submitted in classified form.

     SEC. 9008. WITHHOLDINGS.

       Funds withheld from the United States share of assessments 
     to the United Nations or any other international organization 
     during any fiscal year pursuant to section 705 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001 (as enacted by 
     section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-
     460), are authorized to be transferred to the Embassy 
     Security, Construction and Maintenance Account of the 
     Department of State.

     SEC. 9009. APPLICATION OF SECTIONS 9004 AND 9005 TO EXERCISE 
                   OF CONSTITUTIONAL AUTHORITIES.

       (a) In General.--Sections 9004 and 9005 shall not apply to 
     any action or actions with respect to a specific matter 
     involving the International Criminal Court taken or directed 
     by the President on a case-by-case basis in the exercise of 
     the President's authority as Commander in Chief of the Armed 
     Forces of the United States under article II, section 2 of 
     the United States Constitution or in the exercise of the 
     executive power under article II, section 1 of the United 
     States Constitution.
       (b) Notification to Congress.--
       (1) In general.--Subject to paragraph (2), not later than 
     15 days after the President takes or directs an action or 
     actions described in subsection (a) that would otherwise be 
     prohibited under section 9004 or 9005, the President shall 
     submit a notification of such action to the appropriate 
     congressional committees. A notification under this paragraph 
     shall include a description of the action, a determination 
     that the action is in the national interest of the United 
     States, and a justification for the action.
       (2) Exception.--If the President determines that a full 
     notification under paragraph (1) could jeopardize the 
     national security of the United States or compromise a United 
     States law enforcement activity, not later than 15 days after 
     the President takes or directs an action or actions referred 
     to in paragraph (1) the President shall notify the 
     appropriate congressional committees that an action has been 
     taken and a determination has been made pursuant to this 
     paragraph. The President shall provide a full

[[Page S12799]]

     notification under paragraph (1) not later than 15 days after 
     the reasons for the determination under this paragraph no 
     longer apply.
       (c) Construction.--Nothing in this section shall be 
     construed as a grant of statutory authority to the President 
     to take any action.

     SEC. 9010. NONDELEGATION.

       The authorities vested in the President by sections 9003 
     and 9009(a) may not be delegated by the President pursuant to 
     section 301 of title 3, United States Code, or any other 
     provision of law.

     SEC. 9011. DEFINITIONS.

       As used in this title and in section 706 of the Admiral 
     James W. Nance and Meg Donovan Foreign Relations 
     Authorization Act, Fiscal Years 2000 and 2001:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations of the House of Representatives 
     and the Committee on Foreign Relations of the Senate.
       (2) Classified national security information.--The term 
     ``classified national security information'' means 
     information that is classified or classifiable under 
     Executive Order 12958 or a successor Executive order.
       (3) Covered allied persons.--The term ``covered allied 
     persons'' means military personnel, elected or appointed 
     officials, and other persons employed by or working on behalf 
     of the government of a NATO member country, a major non-NATO 
     ally (including Australia, Egypt, Israel, Japan, Jordan, 
     Argentina, the Republic of Korea, and New Zealand), or 
     Taiwan, for so long as that government is not a party to the 
     International Criminal Court and wishes its officials and 
     other persons working on its behalf to be exempted from the 
     jurisdiction of the International Criminal Court.
       (4) Covered united states persons.--The term ``covered 
     United States persons'' means members of the Armed Forces of 
     the United States, elected or appointed officials of the 
     United States Government, and other persons employed by or 
     working on behalf of the United States Government, for so 
     long as the United States is not a party to the International 
     Criminal Court.
       (5) Extradition.--The terms ``extradition'' and 
     ``extradite'' mean the extradition of a person in accordance 
     with the provisions of chapter 209 of title 18, United States 
     Code, (including section 3181(b) of such title) and such 
     terms include both extradition and surrender as those terms 
     are defined in Article 102 of the Rome Statute.
       (6) International criminal court.--The term ``International 
     Criminal Court'' means the court established by the Rome 
     Statute.
       (7) Major non-nato ally.--The term ``major non-NATO ally'' 
     means a country that has been so designated in accordance 
     with section 517 of the Foreign Assistance Act of 1961.
       (8) Participate in any peacekeeping operation under chapter 
     vi of the charter of the united nations or peace enforcement 
     operation under chapter vii of the charter of the united 
     nations.--The term ``participate in any peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations'' means to assign members 
     of the Armed Forces of the United States to a United Nations 
     military command structure as part of a peacekeeping 
     operation under chapter VI of the charter of the United 
     Nations or peace enforcement operation under chapter VII of 
     the charter of the United Nations in which those members of 
     the Armed Forces of the United States are subject to the 
     command or operational control of one or more foreign 
     military officers not appointed in conformity with article 
     II, section 2, clause 2 of the Constitution of the United 
     States.
       (9) Party to the international criminal court.--The term 
     ``party to the International Criminal Court'' means a 
     government that has deposited an instrument of ratification, 
     acceptance, approval, or accession to the Rome Statute, and 
     has not withdrawn from the Rome Statute pursuant to Article 
     127 thereof.
       (10) Peacekeeping operation under chapter vi of the charter 
     of the united nations or peace enforcement operation under 
     chapter vii of the charter of the united nations.--The term 
     ``peacekeeping operation under chapter VI of the charter of 
     the United Nations or peace enforcement operation under 
     chapter VII of the charter of the United Nations'' means any 
     military operation to maintain or restore international peace 
     and security that--
       (A) is authorized by the United Nations Security Council 
     under chapter VI or VII of the charter of the United Nations; 
     and
       (B) is paid for from assessed contributions of United 
     Nations members that are made available for peacekeeping or 
     peace enforcement activities.
       (11) Rome statute.--The term ``Rome Statute'' means the 
     Rome Statute of the International Criminal Court, adopted by 
     the United Nations Diplomatic Conference of Plenipotentiaries 
     on the Establishment of an International Criminal Court on 
     July 17, 1998.
       (12) Support.--The term ``support'' means assistance of any 
     kind, including financial support, transfer of property or 
     other material support, services, intelligence sharing, law 
     enforcement cooperation, the training or detail of personnel, 
     and the arrest or detention of individuals.
       (13) United states military assistance.--The term ``United 
     States military assistance'' means--
       (A) assistance provided under chapter 2 or 5 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); 
     or
       (B) defense articles or defense services furnished with the 
     financial assistance of the United States Government, 
     including through loans and guarantees, under section 23 of 
     the Arms Export Control Act (22 U.S.C. 2763).

     SEC. 9012. PERIOD OF EFFECTIVENESS OF THE TITLE.

       Except as otherwise provided in this title, the provisions 
     of this title shall take effect on the date of enactment of 
     this Act and remain in effect without regard to the 
     expiration of fiscal year 2002.
       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

                        Office of the Secretary

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Office of 
     the Secretary'', $80,919,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                     Agricultural Research Service


                         SALARIES AND EXPENSES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $70,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


                        BUILDINGS AND FACILITIES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Buildings 
     and Facilities'', $73,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

      Cooperative State Research, Education, and Extension Service


                         RESEARCH AND EDUCATION

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Research 
     and Education'', $50,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $95,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which $50,000,000 may be transferred 
     and merged with the Agriculture Quarantine Inspection User 
     Fee Account.


                        BUILDINGS AND FACILITIES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Buildings 
     and Facilities'', $14,081,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                   Food Safety and Inspection Service

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Food 
     Safety and Inspection Service'', $15,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                       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.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $127,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                             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.

                    GENERAL PROVISION, THIS CHAPTER

       Sec. 101. Section 741(b) of the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2002 (P.L. 107-76), is amended 
     by striking ``20,000,000 pounds'' and inserting ``5,000,000 
     pounds''.

[[Page S12800]]

                               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'', $21,250,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38, of which $15,000,000 
     shall be for a cyber security initiative.


             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'', $26,100,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38, of which 
     $9,125,000 shall be for courthouse security equipment.


                              construction

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction'', $35,000,000, 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'', $654,500,000, 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, of which 
     $66,000,000 shall be for a cyber security initiative at the 
     National Infrastructure Protection Center.

                 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'', 
     $449,800,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38, 
     of which $10,000,000 shall be for additional border patrols 
     along the Southwest border, of which $55,800,000 shall be for 
     additional inspectors and support staff on the northern 
     border, and of which $23,900,000 shall be for transfer of and 
     additional border patrols and support staff on the northern 
     border.


                              CONSTRUCTION

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Construction'', $99,600,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                       Office of Justice Programs


                           justice assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Justice 
     Assistance'', $400,000,000, to remain available until 
     expended, for grants, cooperative agreements, and other 
     assistance authorized by sections 819 and 821 of the 
     Antiterrorism and Effective Death Penalty Act of 1996 and 
     section 1014 of the USA PATRIOT ACT (Public Law 107-56) and 
     for other counter terrorism programs, to be obligated from 
     amounts made available in Public Law 107-38, of which 
     $9,800,000 is for an aircraft for counterterrorism and other 
     required activities for the City of New York.


               State and Local Law Enforcement Assistance

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, $245,900,000 
     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, of which $56,500,000 
     shall be for Maryland, of which $17,000,000 shall be for a 
     grant for the Utah Olympic Public Safety Command for security 
     equipment and infrastructure related to the 2002 Winter 
     Olympics, including the Paralympics and related events, and 
     of which $9,000,000 shall be made available for discretionary 
     grants to State and local law enforcement agencies to 
     establish or enhance cybercrime units aimed at investigating 
     and prosecuting cybersecurity offenses, 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'', 
     $10,400,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38, 
     of which $10,000,000 shall be for a cyber security 
     initiative.


                  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

[[Page S12801]]

     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

                      Department of Transportation

                        Maritime Administration


                        OPERATIONS AND TRAINING

       For emergency expenses 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 expended, to be obligated 
     from amounts made available in Public Law 107-38.


          MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

       For emergency expenses 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 expended, to be 
     obligated from amounts made available in Public Law 107-38: 
     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.

                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, for the cost 
     of loan subsidies and for loan modifications as authorized by 
     section 202 of this Act, 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, for the cost 
     of loan subsidies and for loan modifications as authorized by 
     section 201 of this Act, 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.
       Sec. 204. From within funds available to the State of 
     Alaska or the Alaska Region of the National Marine Fisheries 
     Service, an additional $500,000 may be made available for the 
     cost of guaranteeing the reduction loan authorized under 
     section 144(d)(4)(A) of title I, division B of Public Law 
     106-554 (114 Stat. 2763A-242) and that subparagraph is 
     amended to read as follows: ``(4)(A) The fishing capacity 
     reduction program required under this subsection is 
     authorized to be financed through a reduction loan of 
     $100,000,000 under sections 1111 and 1112 of title XI of the 
     Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 
     1279g).''.

                     Small Business Administration


                     Disaster Loan Program Account

       Sec. 205. Of the amount made available under this heading 
     in the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 2002 
     (Public Law 107-77), for administrative expenses to carry out 
     the direct loan program, $5,000,000 shall be made available 
     for necessary expenses of the HUBZone program as authorized 
     by section 31 of the Small Business Act, as amended (15 
     U.S.C. 657a), of which, not more than $500,000 may be used 
     for the maintenance and operation of the Procurement 
     Marketing and Access Network (PRO-Net). The Administrator of 
     the Small Business Administration shall make quarterly 
     reports to the Committees on Appropriations of the Senate and 
     the House of Representatives, the Committee on Small Business 
     and Entrepreneurship of the Senate, and the Committee on 
     Small Business of the House of Representatives regarding all 
     actions taken by the Small Business Administration to address 
     the deficiencies in the HUBZone program, as identified by the 
     General Accounting Office in report number GAO-02-57 of 
     October 26, 2001.

                               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'', $1,525,000,000, 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.

                    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

[[Page S12802]]

     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.

[[Page S12803]]

                       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'', $131,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                    Defense Nuclear Nonproliferation

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to improve nuclear nonproliferation and verification 
     research and development (including research and development 
     with respect to radiological dispersion devices, also know as 
     ``dirty bombs''), for ``Defense Nuclear Nonproliferation'', 
     $226,000,000, 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.

                           INDEPENDENT AGENCY

                     Nuclear Regulatory Commission


                         SALARIES AND EXPENSES

       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 
     power plants, for ``Salaries and Expenses'', $36,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38: Provided, That the funds 
     appropriated herein shall be excluded from license fee 
     revenues, notwithstanding 42 U.S.C. 2214.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 501. Of the funds provided in this or any other Act 
     for ``Defense Environmental Restoration and Waste 
     Management'' at the Department of Energy, up to $500,000 may 
     be available to the Secretary of Energy for safety 
     improvements to roads along the shipping route to the Waste 
     Isolation Pilot Plant site.
       Sec. 502. Nutwood Levee, Illinois. The Energy and Water 
     Development Appropriations Act, 2002 (Public Law 107-66) is 
     amended under the heading ``Title I, Department of Defense-
     Civil, Department of the Army, Corps of Engineers-Civil, 
     Construction, General'' by inserting after ``$3,500,000'' but 
     before the ``.'' ``: Provided further, That using $400,000 of 
     the funds appropriated herein, the Secretary of the Army, 
     acting through the Chief of Engineers, may initiate 
     construction on the Nutwood Levee, Illinois project''.
       Sec. 503. Title III of the Energy and Water Development 
     Appropriations Act, 2002 (Public Law 107-66) is amended by 
     adding at the end the following new section:
       ``Sec. 313. (a) Increase in Amount Available for Electric 
     Energy Systems and Storage Program.--The amount appropriated 
     by this title under the heading `DEPARTMENT OF ENERGY' under 
     the heading `ENERGY PROGRAMS' under the paragraph `Energy 
     Supply' is hereby increased by $14,000,000, with the amount 
     of the increase to be available under that paragraph for the 
     electric energy systems and storage program.
       ``(b) Decrease in Amount Available for Department of Energy 
     Generally.--The amount appropriated by this title under the 
     heading `DEPARTMENT OF ENERGY' (other than under the heading 
     `National Nuclear Security Administration' or under the 
     heading `ENERGY PROGRAMS' under the paragraph `Energy 
     Supply') is hereby decreased by $14,000,000, with the amount 
     of the decrease to be distributed among amounts available 
     under the heading `DEPARTMENT OF ENERGY' in a manner 
     determined by the Secretary of Energy and approved by the 
     Committees on Appropriations.''.
       Sec. 504. The Reclamation Safety of Dams Act of 1978 (43 
     U.S.C. 509) is amended as follows:
       (1) by inserting in Section 4(c) after ``2000,'' and before 
     ``costs'' the following: ``and the additional $32,000,000 
     further authorized to be appropriated by amendments to the 
     Act in 2001,''; and
       (2) by inserting in Section 5 after ``levels),'' and before 
     ``plus'' the following: ``and, effective October 1, 2001, not 
     to exceed an additional $32,000,000 (October 1, 2001, price 
     levels),''.

                               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.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 601. (a) In General.--The Secretary of the Smithsonian 
     Institution may collect and preserve in the National Museum 
     of American History artifacts relating to the September 11th 
     attacks on the World Trade Center and the Pentagon.
       (b) Types of Artifacts.--In carrying out subsection (a), 
     the Secretary of the Smithsonian Institution shall consider 
     collecting and preserving--
       (1) pieces of the World Trade Center and the Pentagon;
       (2) still and video images made by private individuals and 
     the media;
       (3) personal narratives of survivors, rescuers, and 
     government officials; and
       (4) other artifacts, recordings, and testimonials that the 
     Secretary of the Smithsonian Institution determines have 
     lasting historical significance.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Smithsonian Institution $5,000,000 
     to carry out this section.
       Sec. 602. Section 29 of Public Law 92-203, as enacted under 
     section 4 of Public Law 94-204 (43 U.S.C. 1626), is amended 
     by adding at the end of subsection (e) the following:
       ``(4)(A) Congress confirms that Federal procurement 
     programs for tribes and Alaska Native Corporations are 
     enacted pursuant to its authority under Article I, Section 8 
     of the United States Constitution.
       ``(B) Contracting with an entity defined in subsection 
     (e)(2) of this section or section 3(c) of Public Law 93-262 
     shall be credited towards the satisfaction of a contractor's 
     obligations under section 7 of Public Law 87-305.
       ``(C) Any entity that satisfies subsection (e)(2) of this 
     section that has been certified under section 8 of Public Law 
     85-536 is a Disadvantaged Business Enterprise for the 
     purposes of Public Law 105-178.''.
       Sec. 603. (a) General Trustees.--
       (1) In general.--Subsection (a) of section 2 of the John F. 
     Kennedy Center Act (20 U.S.C. 76h) is amended in its last 
     clause by striking out the word ``thirty'' and inserting in 
     lieu thereof the word ``thirty-six''.
       (2) Terms of office for new general trustees.--
       (A) Initial terms of office.--
       (i) Commencements of initial term.--The initial terms of 
     office for all new general trustees offices created by this 
     section shall commence upon appointment by the President.
       (ii) Expirations of initial term.--The initial terms of 
     office for all new general trustee offices created by this 
     section shall continue until September 1, 2007.
       (iii) Vacancies and service until the appointment of a 
     successor.--For all new general trustee offices created by 
     this section, subsections (b)(1) and (b)(2) of section 2 of 
     the John

[[Page S12804]]

     F. Kennedy Center Act (20 U.S.C. 76h) shall apply.
       (B) Succeeding terms of office.--Upon the expirations of 
     the initial terms of office pursuant to subparagraph (A) the 
     terms of office for all new general trustee offices created 
     by this section shall be governed by subsection (b) of 
     section 2 of the John F. Kennedy Center Act (20 U.S.C. 76h).
       (b) Ex Officio Trustees.--Subsection (a) of section 2 of 
     the John F. Kennedy Center Act (20 U.S.C. 76h) is further 
     amended by inserting in the second sentence ``the Majority 
     and Minority Leaders of the Senate, the Speaker of the House 
     of Representatives, the Minority Leader of the House of 
     Representatives,'' after ``the Secretary of the Smithsonian 
     Institution,''.
       (c) Housekeeping Amendment.--To conform with the previous 
     abolition of the United States Information Agency and the 
     transfer of all functions of the Director of the United 
     States Information Agency to the Secretary of State (sections 
     1311 and 1312 of Public Law 105-277, 112 Stat. 2681-776), 
     subsection (a) of section 2 of the John F. Kennedy Center Act 
     (20 U.S.C. 76h) is further amended by striking in the second 
     sentence ``the Director of the United States Information 
     Agency,'' and inserting in lieu thereof ``the Secretary of 
     State,''.

                               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.
       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'', $2,575,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38. Of this amount, 
     $1,000,000,000 shall be for the Centers for Disease Control 
     and Prevention for improving State and local capacity; 
     $100,000,000 shall be for grants to hospitals, in 
     collaboration with local governments, to improve capacity to 
     respond to bioterrorism; $165,000,000 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; $99,000,000 shall be for the National 
     Institute of Allergy and Infectious Diseases for 
     bioterrorism-related research and development and other 
     related needs; $71,000,000 shall be for the National 
     Institute of Allergy and Infectious Diseases for the 
     construction of biosafety laboratories and related 
     infrastructure costs; $593,000,000 shall be for the National 
     Pharmaceutical Stockpile; $512,000,000 shall be for the 
     purchase, deployment and related costs of the smallpox 
     vaccine, and $25,000,000 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.

                        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

[[Page S12805]]

     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'', $475,000,000 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. If in exercising the authority in section 2808 of 
     title 10, United States Code, to carry out military 
     construction projects not authorized by law, the Secretary of 
     Defense utilizes, whether in whole or in part, funds 
     appropriated but not yet obligated for a military 
     construction project previously authorized by law, the 
     Secretary may carry out such military construction project 
     previously authorized by law using amounts appropriated by 
     the 2001 Emergency Supplemental Appropriations Act for 
     Recovery from and Response to Terrorist Attacks on the United 
     States (Public Law 107-38; 115 Stat. 220), or any other 
     appropriations Act to provide funds for the recovery from and 
     response to the terrorist attacks on the United States that 
     is enacted after the date of the enactment of this Act, and 
     available for obligation.

                               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

[[Page S12806]]

     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: Provided, That it is the 
     sense of the Senate that funds provided under this paragraph 
     shall be used to provide subsidized service at a rate of not 
     less than three flights per day for eligible communities with 
     significant enplanement levels that enjoyed said rate of 
     service, with or without subsidy, prior to September 11, 
     2001.

                              Coast Guard


                           Operating Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses'', $285,350,000, 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'', $251,000,000, 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.


                 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'', $50,000,000, to be derived 
     from the Airport and Airway Trust Fund, to be obligated from 
     amounts made available in Public Law 107-38.


                       Grants-In-Aid For Airports

                    (Airport And Airway Trust Fund)

       For emergency expenses 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 expended, 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.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 1001. Section 5117(b)(3) of the Transportation Equity 
     Act for the 21st Century (Public Law 105-178; 112 Stat. 449; 
     23 U.S.C. 502 note) is amended --
       (1) by redesignating subparagraphs (C), (D), and (E) as 
     subparagraphs (D), (F), and (G), respectively;
       (2) by inserting after subparagraph (B) the following new 
     subparagraph (C):
       ``(C) Follow-on deployment.--(i) After an intelligent 
     transportation infrastructure system deployed in an initial 
     deployment area pursuant to a contract entered into under the 
     program under this paragraph has received system acceptance, 
     the Department of Transportation has the authority to extend 
     the original contract that was competitively awarded for the 
     deployment of the system in the follow-on deployment areas 
     under the contract, using the same asset ownership, 
     maintenance, fixed price contract, and revenue sharing model, 
     and the same competitively selected consortium leader, as 
     were used for the deployment in that initial deployment area 
     under the program.
       ``(ii) If any one of the follow-on deployment areas does 
     not commit, by July 1, 2002, to participate in the deployment 
     of the system under the contract, then, upon application by 
     any of the other follow-on deployment areas that have 
     committed by that date to participate in the deployment of 
     the system, the Secretary shall supplement the funds made 
     available for any of the follow-on deployment areas 
     submitting the applications by using for that purpose the 
     funds not used for deployment of the system in the 
     nonparticipating area. Costs paid out of funds provided in 
     such a supplementation shall not be counted for the purpose 
     of the limitation on maximum cost set forth in subparagraph 
     (B).'';
       (4) by inserting after subparagraph (D), as redesignated by 
     paragraph (1), the following new subparagraph (E):
       ``(E) Definitions.--In this paragraph:
       ``(i) The term `initial deployment area' means a 
     metropolitan area referred to in the second sentence of 
     subparagraph (A).
       ``(ii) The term `follow-on deployment areas' means the 
     metropolitan areas of Baltimore, Birmingham, Boston, Chicago, 
     Cleveland, Dallas/Ft. Worth, Denver, Detroit, Houston, 
     Indianapolis, Las Vegas, Los Angeles, Miami, New York/
     Northern New Jersey, Northern Kentucky/Cincinnati, Oklahoma 
     City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, 
     Providence, Salt Lake, San Diego, San Francisco, St. Louis, 
     Seattle, Tampa, and Washington, District of Columbia.''; and
       (5) in subparagraph (D), as redesignated by paragraph (1), 
     by striking ``subparagraph (D)'' and inserting ``subparagraph 
     (F)''.
       Sec. 1002. No appropriated funds or revenues generated by 
     the National Railroad Passenger Corporation may be used to 
     implement section 204(c)(2) of Public Law 105-134 until the 
     Congress has enacted an Amtrak reauthorization Act.

                               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.

[[Page S12807]]

                     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'', $292,603,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38; of this amount, not less than $140,000,000 
     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 $30,000,000 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.


  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'', $50,040,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

       For emergency expenses 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, $600,000,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38: Provided, That the 
     Postal Service is authorized to review rates for product 
     delivery and minimum qualifications for eligible service 
     providers under section 5402 of title 39, and to recommend 
     new rates and qualifications to reduce expenditures without 
     reducing service levels.

                          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.

                    GENERAL PROVISION, THIS CHAPTER

       Sec. 1101. None of the funds appropriated by this Act or 
     any other Act may be used after June 30, 2002 for the 
     operation of any federally owned building if determined to be 
     appropriate by the Administrator of the General Services 
     Administration, or to enter into any lease or lease renewal 
     with any person for office space for a Federal agency in any 
     other building, unless such operation, lease, or lease 
     renewal is in compliance with a regulation or Executive Order 
     issued after the date of enactment of this section that 
     requires redundant and physically separate entry points to 
     such buildings, and the use of physically diverse local 
     network facilities, for the provision of telecommunications 
     services to Federal agencies in such buildings.

                               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'', $38,194,000, 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'', $41,292,000, 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'', 
     $5,824,344,000, 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'', $20,000,000, to remain available until 
     expended, for the Office of National Preparedness, to be 
     obligated from amounts made available in Public Law 107-38.


              EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

                     (INCLUDING TRANSFER OF FUNDS)

       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 ``Emergency 
     Management Planning and Assistance'', $290,000,000, 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.), to 
     be obligated from amounts made available in Public Law

[[Page S12808]]

     107-38: Provided, That up to 5 percent of this amount shall 
     be transferred to ``Salaries and expenses'' for program 
     administration.

             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.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 1201. Unity in the Spirit of America. (a) Short 
     Title.--This section may be cited as the ``Unity in the 
     Spirit of America Act'' or the ``USA Act''.
       (b) Projects Honoring Victims of Terrorist Attacks.--The 
     National and Community Service Act of 1990 (42 U.S.C. 12501 
     et seq.) is amended by inserting before title V the 
     following:

       ``TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS

     ``SEC. 401. PROJECTS.

       ``(a) Definition.--In this section, the term `Foundation' 
     means the Points of Light Foundation funded under section 
     301, or another nonprofit private organization, that enters 
     into an agreement with the Corporation to carry out this 
     section.
       ``(b) Identification of Projects.--
       ``(1) Estimated number.--Not later than December 1, 2001, 
     the Foundation, after obtaining the guidance of the heads of 
     appropriate Federal agencies, such as the Director of the 
     Office of Homeland Security and the Attorney General, shall--
       ``(A) make an estimate of the number of victims killed as a 
     result of the terrorist attacks on September 11, 2001 
     (referred to in this section as the `estimated number'); and
       ``(B) compile a list that specifies, for each individual 
     that the Foundation determines to be such a victim, the name 
     of the victim and the State in which the victim resided.
       ``(2) Identified projects.--The Foundation may identify 
     approximately the estimated number of community-based 
     national and community service projects that meet the 
     requirements of subsection (d). The Foundation shall name 
     each identified project in honor of a victim described in 
     subsection (b)(1)(A), after obtaining the permission of an 
     appropriate member of the victim's family and the entity 
     carrying out the project.
       ``(c) Eligible Entities.--To be eligible to have a project 
     named under this section, the entity carrying out the project 
     shall be a political subdivision of a State, a business, a 
     nonprofit organization (which may be a religious 
     organization, such as a Christian, Jewish, or Muslim 
     organization), an Indian tribe, or an institution of higher 
     education.
       ``(d) Projects.--The Foundation shall name, under this 
     section, projects--
       ``(1) that advance the goals of unity, and improving the 
     quality of life in communities; and
       ``(2) that will be planned, or for which implementation 
     will begin, within a reasonable period after the date of 
     enactment of the Unity in Service to America Act, as 
     determined by the Foundation.
       ``(e) Website and Database.--The Foundation shall create 
     and maintain websites and databases, to describe projects 
     named under this section and serve as appropriate vehicles 
     for recognizing the projects.''.
       Sec. 1202. Within funds previously appropriated as 
     authorized under the Native American Housing and Self 
     Determination Act of 1996 (Pub. L. 104-330, Sec. 1(a), 110 
     Stat. 4016) and made available to Cook Inlet Housing 
     Authority, Cook Inlet Housing Authority may use up to 
     $9,500,000 of such funds to construct student housing for 
     Native college students, including an on-site computer lab 
     and related study facilities, and, notwithstanding any 
     provision of such Act to the contrary, Cook Inlet Housing 
     Authority may use a portion of such funds to establish a 
     reserve fund and to provide for maintenance of the project.

                               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--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 D--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 612 of Public Law 107-77 is amended by 
     striking ``June 30, 2002'' and inserting ``April 1, 2002''.
       Sec. 105. 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. 106. 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. 107. (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. 108. 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;

[[Page S12809]]

       (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. 109. (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. 110. (a) Section 133(a) of the Legislative Branch 
     Appropriations Act, 2001 (Public Law 107-68) is amended--
       (1) by striking ``90-day'' in paragraph (1) and inserting 
     ``180-day'', and
       (2) by striking ``90 days'' in paragraph (2)(C) and 
     inserting ``180 days''.
       (b) The amendments made by subsection (a) shall take effect 
     as if included in the enactment of the Legislative Branch 
     Appropriations Act, 2001 (Public Law 107-68).
       Sec. 111. (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.
       (d) 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 border 
     infrastructure improvements, up to $2,300,000 shall be made 
     available to carry out section 1119(d) of the Transportation 
     Equity Act for the 21st Century, as amended.
       Sec. 112. 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. 113. 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. 114. 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. 115. 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. 116. 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.

                  DIVISION E--MISCELLANEOUS PROVISIONS

                   TITLE I--HOMESTAKE MINE CONVEYANCE

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Homestake Mine Conveyance 
     Act of 2001''.

     SEC. 102. FINDINGS.

       Congress finds that--
       (1) the United States is among the leading nations in the 
     world in conducting basic scientific research;
       (2) that leadership position strengthens the economy and 
     national defense of the United States and provides other 
     important benefits;
       (3) the Homestake Mine in Lead, South Dakota, owned by the 
     Homestake Mining Company of California, is approximately 
     8,000 feet deep and is situated in a unique physical setting 
     that is ideal for carrying out certain types of particle 
     physics and other research;
       (4) the Mine has been selected by the National Underground 
     Science Laboratory Committee, an independent panel of 
     distinguished scientists, as the preferred site for the 
     construction of the National Underground Science Laboratory;
       (5) such a laboratory would be used to conduct scientific 
     research that would be funded and recognized as significant 
     by the United States;
       (6) the establishment of the laboratory is in the national 
     interest, and would substantially improve the capability of 
     the United States to conduct important scientific research;
       (7) for economic reasons, Homestake intends to cease 
     operations at the Mine in 2001;
       (8) on cessation of operations of the Mine, Homestake 
     intends to implement reclamation actions that would preclude 
     the establishment of a laboratory at the Mine;
       (9) Homestake has advised the State that, after cessation 
     of operations at the Mine, instead of closing the entire 
     Mine, Homestake is willing to donate the underground portion 
     of the Mine and certain other real and personal property of 
     substantial value at the Mine for use as the National 
     Underground Science Laboratory;
       (10) use of the Mine as the site for the laboratory, 
     instead of other locations under consideration, would result 
     in a savings of millions of dollars for the Federal 
     Government;
       (11) if the Mine is selected as the site for the 
     laboratory, it is essential that closure of the Mine not 
     preclude the location of the laboratory at the Mine;
       (12) Homestake is unwilling to donate, and the State is 
     unwilling to accept, the property at the Mine for the 
     laboratory if Homestake and the State would continue to have 
     potential liability with respect to the transferred property; 
     and
       (13) to secure the use of the Mine as the location for the 
     laboratory, and to realize the benefits of the proposed 
     laboratory, it is necessary for the United States to--
       (A) assume a portion of any potential future liability of 
     Homestake concerning the Mine; and
       (B) address potential liability associated with the 
     operation of the laboratory.

[[Page S12810]]

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Affiliate.--
       (A) In general.--The term ``affiliate'' means any 
     corporation or other person that controls, is controlled by, 
     or is under common control with Homestake.
       (B) Inclusions.--The term ``affiliate'' includes a 
     director, officer, or employee of an affiliate.
       (3) Conveyance.--The term ``conveyance'' means the 
     conveyance of the Mine to the State under section 104(a).
       (4) Fund.--The term ``Fund'' means the Environment and 
     Project Trust Fund established under section 108.
       (5) Homestake.--
       (A) In general.--The term ``Homestake'' means the Homestake 
     Mining Company of California, a California corporation.
       (B) Inclusion.--The term ``Homestake'' includes--
       (i) a director, officer, or employee of Homestake;
       (ii) an affiliate of Homestake; and
       (iii) any successor of Homestake or successor to the 
     interest of Homestake in the Mine.
       (6) Independent entity.--The term ``independent entity'' 
     means an independent entity selected jointly by Homestake, 
     the South Dakota Department of Environment and Natural 
     Resources, and the Administrator--
       (A) to conduct a due diligence inspection under section 
     104(b)(2)(A); and
       (B) to determine the fair value of the Mine under section 
     105(a).
       (7) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (8) Laboratory.--
       (A) In general.--The term ``laboratory'' means the national 
     underground science laboratory proposed to be established at 
     the Mine after the conveyance.
       (B) Inclusion.--The term ``laboratory'' includes operating 
     and support facilities of the laboratory.
       (9) Mine.--
       (A) In general.--The term ``Mine'' means the portion of the 
     Homestake Mine in Lawrence County, South Dakota, proposed to 
     be conveyed to the State for the establishment and operation 
     of the laboratory.
       (B) Inclusions.--The term ``Mine'' includes--
       (i) real property, mineral and oil and gas rights, shafts, 
     tunnels, structures, backfill, broken rock, fixtures, 
     facilities, and personal property to be conveyed for 
     establishment and operation of the laboratory, as agreed upon 
     by Homestake and the State; and
       (ii) any water that flows into the Mine from any source.
       (C) Exclusions.--The term ``Mine'' does not include--
       (i) the feature known as the ``Open Cut'';
       (ii) any tailings or tailings storage facility (other than 
     backfill in the portion of the Mine described in subparagraph 
     (A)); or
       (iii) any waste rock or any site used for the dumping of 
     waste rock (other than broken rock in the portion of the Mine 
     described in subparagraph (A)).
       (10) Person.--The term ``person'' means--
       (A) an individual;
       (B) a trust, firm, joint stock company, corporation 
     (including a government corporation), partnership, 
     association, limited liability company, or any other type of 
     business entity;
       (C) a State or political subdivision of a State;
       (D) a foreign governmental entity;
       (E) an Indian tribe; and
       (F) any department, agency, or instrumentality of the 
     United States.
       (11) Project sponsor.--The term ``project sponsor'' means 
     an entity that manages or pays the costs of 1 or more 
     projects that are carried out or proposed to be carried out 
     at the laboratory.
       (12) Scientific advisory board.--The term ``Scientific 
     Advisory Board'' means the entity designated in the 
     management plan of the laboratory to provide scientific 
     oversight for the operation of the laboratory.
       (13) State.--
       (A) In general.--The term ``State'' means the State of 
     South Dakota.
       (B) Inclusions.--The term ``State'' includes an 
     institution, agency, officer, or employee of the State.

     SEC. 104. CONVEYANCE OF REAL PROPERTY.

       (a) In General.--
       (1) Delivery of documents.--Subject to paragraph (2) and 
     subsection (b) and notwithstanding any other provision of 
     law, on the execution and delivery by Homestake of 1 or more 
     quit-claim deeds or bills of sale conveying to the State all 
     right, title, and interest of Homestake in and to the Mine, 
     title to the Mine shall pass from Homestake to the State.
       (2) Condition of mine on conveyance.--The Mine shall be 
     conveyed as is, with no representations as to the condition 
     of the property.
       (b) Requirements for Conveyance.--
       (1) In general.--As a condition precedent of conveyance and 
     of the assumption of liability by the United States in 
     accordance with this title, the Administrator shall accept 
     the final report of the independent entity under paragraph 
     (3).
       (2) Due diligence inspection.--
       (A) In general.--As a condition precedent of conveyance and 
     of Federal participation described in this title, Homestake 
     shall permit an independent entity to conduct a due diligence 
     inspection of the Mine to determine whether any condition of 
     the Mine may present an imminent and substantial endangerment 
     to public health or the environment.
       (B) Consultation.--As a condition precedent of the conduct 
     of a due diligence inspection, Homestake, the South Dakota 
     Department of Environment and Natural Resources, the 
     Administrator, and the independent entity shall consult and 
     agree upon the methodology and standards to be used, and 
     other factors to be considered, by the independent entity 
     in--
       (i) the conduct of the due diligence inspection;
       (ii) the scope of the due diligence inspection; and
       (iii) the time and duration of the due diligence 
     inspection.
       (3) Report to the administrator.--
       (A) In general.--The independent entity shall submit to the 
     Administrator a report that--
       (i) describes the results of the due diligence inspection 
     under paragraph (2); and
       (ii) identifies any condition of or in the Mine that may 
     present an imminent and substantial endangerment to public 
     health or the environment.
       (B) Procedure.--
       (i) Draft report.--Before finalizing the report under this 
     paragraph, the independent entity shall--

       (I) issue a draft report;
       (II) submit to the Administrator, Homestake, and the State 
     a copy of the draft report;
       (III) issue a public notice requesting comments on the 
     draft report that requires all such comments to be filed not 
     later than 45 days after issuance of the public notice; and
       (IV) during that 45-day public comment period, conduct at 
     least 1 public hearing in Lead, South Dakota, to receive 
     comments on the draft report.

       (ii) Final report.--In the final report submitted to the 
     Administrator under this paragraph, the independent entity 
     shall respond to, and incorporate necessary changes suggested 
     by, the comments received on the draft report.
       (4) Review and approval by administrator.--
       (A) In general.--Not later than 60 days after receiving the 
     final report under paragraph (3), the Administrator shall--
       (i) review the report; and
       (ii) notify the State in writing of acceptance or rejection 
     of the final report.
       (B) Conditions for rejection.--The Administrator may reject 
     the final report only if the Administrator identifies 1 or 
     more conditions of the Mine that--
       (i) may present an imminent and substantial endangerment to 
     the public health or the environment, as determined by the 
     Administrator; and
       (ii) require response action to correct each condition that 
     may present an imminent and substantial endangerment to the 
     public health or the environment identified under clause (i) 
     before conveyance and assumption by the Federal Government of 
     liability concerning the Mine under this title.
       (C) Response actions and certification.--
       (i) Response actions.--

       (I) In general.--If the Administrator rejects the final 
     report, Homestake may carry out or bear the cost of, or 
     permit the State or another person to carry out or bear the 
     cost of, such response actions as are necessary to correct 
     any condition identified by the Administrator under 
     subparagraph (B)(i) that may present an imminent and 
     substantial endangerment to public health or the environment.
       (II) Long-term response actions.--

       (aa) In general.--In a case in which the Administrator 
     determines that a condition identified by the Administrator 
     under subparagraph (B)(i) requires continuing response 
     action, or response action that can be completed only as part 
     of the final closure of the laboratory, it shall be a 
     condition of conveyance that Homestake, the State, or another 
     person deposit into the Fund such amount as is estimated by 
     the independent entity, on a net present value basis and 
     after taking into account estimated interest on that basis, 
     to be sufficient to pay the costs of the long-term response 
     action or the response action that will be completed as part 
     of the final closure of the laboratory.
       (bb) Limitation on use of funds.--None of the funds 
     deposited into the Fund under item (aa) shall be expended for 
     any purpose other than to pay the costs of the long-term 
     response action, or the response action that will be 
     completed as part of the final closure of the Mine, 
     identified under that item.
       (ii) Contribution by homestake.--The total amount that 
     Homestake may expend, pay, or deposit into the Fund under 
     subclauses (I) and (II) of clause (i) shall not exceed--

       (I) $75,000,000; less
       (II) the fair value of the Mine as determined under section 
     105(a).

       (iii) Certification.--

       (I) In general.--After any response actions described in 
     clause (i)(I) are carried out and any required funds are 
     deposited under clause (i)(II), the independent entity may 
     certify to the Administrator that the conditions for 
     rejection identified by the Administrator under subparagraph 
     (B) have been corrected.
       (II) Acceptance or rejection of certification.--Not later 
     than 60 days after an independent entity makes a 
     certification under subclause (I), the Administrator shall 
     accept or reject the certification.

       (c) Review of Conveyance.--For the purposes of the 
     conveyance, the requirements of this section shall be 
     considered to be sufficient to meet any requirement of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.).

     SEC. 105. ASSESSMENT OF PROPERTY.

       (a) Valuation of Property.--The independent entity shall 
     assess the fair value of the Mine.
       (b) Fair Value.--For the purposes of this section, the fair 
     value of the Mine shall include the

[[Page S12811]]

     estimated cost, as determined by the independent entity under 
     subsection (a), of replacing the shafts, winzes, hoists, 
     tunnels, ventilation system, and other equipment and 
     improvements at the Mine that are expected to be used at, or 
     that will be useful to, the laboratory.
       (c) Report.--Not later than the date on which each report 
     developed in accordance with section 104(b)(3) is submitted 
     to the Administrator, the independent entity described in 
     subsection (a) shall submit to the State a report that 
     identifies the fair value assessed under subsection (a).

     SEC. 106. LIABILITY.

       (a) Assumption of Liability.--
       (1) Assumption.--Subject to paragraph (2), notwithstanding 
     any other provision of law, on completion of the conveyance 
     in accordance with this title, the United States shall assume 
     any and all liability relating to the Mine and laboratory, 
     including liability for--
       (A) damages;
       (B) reclamation;
       (C) the costs of response to any hazardous substance (as 
     defined in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601)), contaminant, or other material on, under, or relating 
     to the Mine and laboratory; and
       (D) closure of the Mine and laboratory.
       (2) Claims against united states.--In the case of any claim 
     brought against the United States, the United States shall be 
     liable for--
       (A) damages under paragraph (1)(A), only to the extent that 
     an award of damages is made in a civil action brought under 
     chapter 171 of title 28, United States Code; and
       (B) response costs under paragraph (1)(C), only to the 
     extent that an award of response costs is made in a civil 
     action brought under--
       (i) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.);
       (ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
       (iii) the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
     seq.); or
       (iv) any other applicable Federal environmental law, as 
     determined by the Administrator.
       (b) Liability Protection.--On completion of the conveyance, 
     neither Homestake nor the State shall be liable to any person 
     or the United States for injuries, costs, injunctive relief, 
     reclamation, damages (including damages to natural resources 
     or the environment), or expenses, or liable under any other 
     claim (including claims for indemnification or contribution, 
     claims by third parties for death, personal injury, illness, 
     or loss of or damage to property, or claims for economic 
     loss), under any law (including a regulation) for any claim 
     arising out of or in connection with contamination, 
     pollution, or other condition, use, or closure of the Mine 
     and laboratory, regardless of when a condition giving rise to 
     the liability originated or was discovered.
       (c) Indemnification.--Notwithstanding any other provision 
     of law, on completion of the conveyance in accordance with 
     this title, the United States shall indemnify, defend, and 
     hold harmless Homestake and the State from and against--
       (1) any and all liabilities and claims described in 
     subsection (a), without regard to any limitation under 
     subsection (a)(2); and
       (2) any and all liabilities and claims described in 
     subsection (b).
       (d) Waiver of Sovereign Immunity.--For purposes of this 
     Act, the United States waives any claim to sovereign 
     immunity.
       (e) Timing for Assumption of Liability.--If the conveyance 
     is effectuated by more than 1 legal transaction, the 
     assumption of liability, liability protection, 
     indemnification, and waiver of sovereign immunity provided 
     for under this section shall apply to each legal transaction, 
     as of the date on which the transaction is completed and with 
     respect to such portion of the Mine as is conveyed under that 
     transaction.
       (f) Exceptions for Homestake Claims.--Nothing in this 
     section constitutes an assumption of liability by the United 
     States, or relief of liability of Homestake, for--
       (1) any unemployment, worker's compensation, or other 
     employment-related claim or cause of action of an employee of 
     Homestake that arose before the date of conveyance;
       (2) any claim or cause of action that arose before the date 
     of conveyance, other than an environmental claim or a claim 
     concerning natural resources;
       (3) any violation of any provision of criminal law; or
       (4) any claim, injury, damage, liability, or reclamation or 
     cleanup obligation with respect to any property or asset that 
     is not conveyed under this title, except to the extent that 
     any such claim, injury, damage, liability, or reclamation or 
     cleanup obligation arises out of the continued existence or 
     use of the Mine subsequent to the date of conveyance.

     SEC. 107. INSURANCE COVERAGE.

       (a) Property and Liability Insurance.--
       (1) In general.--To the extent property and liability 
     insurance is available and subject to the requirements 
     described in paragraph (2), the State shall purchase property 
     and liability insurance for the Mine and the operation of the 
     laboratory to provide coverage against the liability 
     described in subsections (a) and (b) of section 106.
       (2) Requirements.--The requirements referred to in 
     paragraph (1) are the following:
       (A) Terms of insurance.--In determining the type, extent of 
     coverage, and policy limits of insurance purchased under this 
     subsection, the State shall--
       (i) periodically consult with the Administrator and the 
     Scientific Advisory Board; and
       (ii) consider certain factors, including--

       (I) the nature of the projects and experiments being 
     conducted in the laboratory;
       (II) the availability and cost of commercial insurance; and
       (III) the amount of funding available to purchase 
     commercial insurance.

       (B) Additional terms.--The insurance purchased by the State 
     under this subsection may provide coverage that is--
       (i) secondary to the insurance purchased by project 
     sponsors; and
       (ii) in excess of amounts available in the Fund to pay any 
     claim.
       (3) Financing of insurance purchase.--
       (A) In general.--Subject to section 108, the State may 
     finance the purchase of insurance required under this 
     subsection by using--
       (i) funds made available from the Fund; and
       (ii) such other funds as are received by the State for the 
     purchase of insurance for the Mine and laboratory.
       (B) No requirement to use state funds.--Nothing in this 
     title requires the State to use State funds to purchase 
     insurance required under this subsection.
       (4) Additional insured.--Any insurance purchased by the 
     State under this subsection shall--
       (A) name the United States as an additional insured; or
       (B) otherwise provide that the United States is a 
     beneficiary of the insurance policy having the primary right 
     to enforce all rights of the United States under the policy.
       (5) Termination of obligation to purchase insurance.--The 
     obligation of the State to purchase insurance under this 
     subsection shall terminate on the date on which--
       (A) the Mine ceases to be used as a laboratory; or
       (B) sufficient funding ceases to be available for the 
     operation and maintenance of the Mine or laboratory.
       (b) Project Insurance.--
       (1) In general.--The State, in consultation with the 
     Administrator and the Scientific Advisory Board, may require, 
     as a condition of approval of a project for the laboratory, 
     that a project sponsor provide property and liability 
     insurance or other applicable coverage for potential 
     liability associated with the project described in 
     subsections (a) and (b) of section 106.
       (2) Additional insured.--Any insurance obtained by the 
     project sponsor under this section shall--
       (A) name the State and the United States as additional 
     insureds; or
       (B) otherwise provide that the State and the United States 
     are beneficiaries of the insurance policy having the primary 
     right to enforce all rights under the policy.
       (c) State Insurance.--
       (1) In general.--To the extent required by State law, the 
     State shall purchase, with respect to the operation of the 
     Mine and the laboratory--
       (A) unemployment compensation insurance; and
       (B) worker's compensation insurance.
       (2) Prohibition on use of funds from fund.--A State shall 
     not use funds from the Fund to carry out paragraph (1).

     SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.

       (a) Establishment.--On completion of the conveyance, the 
     State shall establish, in an interest-bearing account at an 
     accredited financial institution located within the State, 
     the Environment and Project Trust Fund.
       (b) Amounts.--The Fund shall consist of--
       (1) an annual deposit from the operation and maintenance 
     funding provided for the laboratory in an amount to be 
     determined--
       (A) by the State, in consultation with the Administrator 
     and the Scientific Advisory Board; and
       (B) after taking into consideration--
       (i) the nature of the projects and experiments being 
     conducted at the laboratory;
       (ii) available amounts in the Fund;
       (iii) any pending costs or claims that may be required to 
     be paid out of the Fund; and
       (iv) the amount of funding required for future actions 
     associated with the closure of the facility;
       (2) an amount determined by the State, in consultation with 
     the Administrator and the Scientific Advisory Board, and to 
     be paid by the appropriate project sponsor, for each project 
     to be conducted, which amount--
       (A) shall be used to pay--
       (i) costs incurred in removing from the Mine or laboratory 
     equipment or other materials related to the project;
       (ii) claims arising out of or in connection with the 
     project; and
       (iii) if any portion of the amount remains after paying the 
     expenses described in clauses (i) and (ii), other costs 
     described in subsection (c); and
       (B) may, at the discretion of the State, be assessed--
       (i) annually; or
       (ii) in a lump sum as a prerequisite to the approval of the 
     project;
       (3) interest earned on amounts in the Fund, which amount of 
     interest shall be used only for a purpose described in 
     subsection (c); and
       (4) all other funds received and designated by the State 
     for deposit in the Fund.
       (c) Expenditures From Fund.--Amounts in the Fund shall be 
     used only for the purposes of funding--
       (1) waste and hazardous substance removal or remediation, 
     or other environmental cleanup at the Mine;
       (2) removal of equipment and material no longer used, or 
     necessary for use, in conjunction with a project conducted at 
     the laboratory;
       (3) a claim arising out of or in connection with the 
     conducting of such a project;
       (4) purchases of insurance by the State as required under 
     section 107;

[[Page S12812]]

       (5) payments for and other costs relating to liability 
     described in section 106; and
       (6) closure of the Mine and laboratory.
       (d) Federal Payments From Fund.--The United States--
       (1) to the extent the United States assumes liability under 
     section 106--
       (A) shall be a beneficiary of the Fund; and
       (B) may direct that amounts in the Fund be applied to pay 
     amounts and costs described in this section; and
       (2) may take action to enforce the right of the United 
     States to receive 1 or more payments from the Fund.
       (e) No Requirement of Deposit of Public Funds.--Nothing in 
     this section requires the State to deposit State funds as a 
     condition of the assumption by the United States of 
     liability, or the relief of the State or Homestake from 
     liability, under section 106.

     SEC. 109. WASTE ROCK MIXING.

       After completion of the conveyance, the State shall obtain 
     the approval of the Administrator before disposing of any 
     material quantity of laboratory waste rock if--
       (1) the disposal site is on land not conveyed under this 
     title; and
       (2) the State determines that the disposal could result in 
     commingling of laboratory waste rock with waste rock disposed 
     of by Homestake before the date of conveyance.

     SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.

       After the conveyance, nothing in this title exempts the 
     laboratory from compliance with any law (including a Federal 
     environmental law).

     SEC. 111. CONTINGENCY.

       This title shall be effective contingent on the selection, 
     by the National Science Foundation, of the Mine as the site 
     for the laboratory.

     SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

       If the conveyance under this title does not occur, any 
     obligation of Homestake relating to the Mine shall be limited 
     to such reclamation or remediation as is required under any 
     applicable law other than this title.

     SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.

       The United States may seek payment--
       (1) from the Fund, under section 108(d), to pay or 
     reimburse the United States for amounts payable or 
     liabilities incurred under this title; and
       (2) from available insurance, to pay or reimburse the 
     United States and the Fund for amounts payable or liabilities 
     incurred under this title.

     SEC. 114. CONSENT DECREES.

       Nothing in this title affects any obligation of a party 
     under--
       (1) the 1990 Remedial Action Consent Decree (Civ. No. 90-
     5101 D. S.D.); or
       (2) the 1999 Natural Resource Damage Consent Decree (Civ. 
     Nos. 97-5078 and 97-5100, D. S.D.).

     SEC. 115. CUSTOMS USER FEES.

       Section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended 
     by inserting after ``September 30, 2003,'' the following: 
     ``except that fees shall continue to be charged under 
     paragraphs (1) through (8) of that subsection through January 
     31, 2004.''.

     SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

              TITLE II--GENERAL PROVISIONS, THIS DIVISION

       Sec. 201. Trustees of the John F. Kennedy Center for the 
     Performing Arts. (a) Membership.--Section 2(a) of the John F. 
     Kennedy Center Act (20 U.S.C. 76h(a)) is amended--
       (1) by striking ``There is hereby'' and inserting the 
     following:
       ``(1) In general.--There is''; and
       (2) by striking the second sentence and inserting the 
     following:
       ``(2) Membership.--The Board shall be composed of--
       ``(A) the Secretary of Health and Human Services;
       ``(B) the Librarian of Congress;
       ``(C) the Secretary of State;
       ``(D) the Chairman of the Commission of Fine Arts;
       ``(E) the Mayor of the District of Columbia;
       ``(F) the Superintendent of Schools of the District of 
     Columbia;
       ``(G) the Director of the National Park Service;
       ``(H) the Secretary of Education;
       ``(I) the Secretary of the Smithsonian Institution;
       ``(J)(i) the Speaker and the Minority Leader of the House 
     of Representatives;
       ``(ii) the chairman and ranking minority member of the 
     Committee on Public Works and Transportation of the House of 
     Representatives; and
       ``(iii) 3 additional Members of the House of 
     Representatives appointed by the Speaker of the House of 
     Representatives;
       ``(K)(i) the Majority Leader and the Minority Leader of the 
     Senate;
       ``(ii) the chairman and ranking minority member of the 
     Committee on Environment and Public Works of the Senate; and
       ``(iii) 3 additional Members of the Senate appointed by the 
     President of the Senate; and
       ``(L) 36 general trustees, who shall be citizens of the 
     United States, to be appointed in accordance with subsection 
     (b).''.
       (b) Terms of Office for New General Trustees.--Section 2(b) 
     of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall 
     apply to each general trustee of the John F. Kennedy Center 
     for the Performing Arts whose position is established by the 
     amendment made by subsection (a)(2) (referred to in this 
     subsection as a ``new general trustee''), except that the 
     initial term of office of each new general trustee shall--
       (1) commence on the date on which the new general trustee 
     is appointed by the President; and
       (2) terminate on September 1, 2007.
       Sec. 202. (a) The purpose of this section is to require 
     procedures that ensure the fair and equitable resolution of 
     labor integration issues, in order to prevent further 
     disruption to transactions for the combination of air 
     carriers, which would potentially aggravate the disruption 
     caused by the attack on the United States on September 11, 
     2001.
       (b) In this section:
       (1) The term ``air carrier'' means an air carrier that 
     holds a certificate issued under chapter 411 of title 49, 
     United States Code.
       (2) The term ``covered employee'' means an employee who--
       (A) is not a temporary employee; and
       (B) is a member of a craft or class that is subject to the 
     Railway Labor Act (45 U.S.C. 151 et seq.).
       (3) The term ``covered transaction'' means a transaction 
     that--
       (A) is a transaction for the combination of multiple air 
     carriers into a single air carrier;
       (B) involves the transfer of ownership or control of--
       (i) 50 percent or more of the equity securities (as defined 
     in section 101 of title 11, United States Code) of an air 
     carrier; or
       (ii) 50 percent or more (by value) of the assets of the air 
     carrier;
       (C) became a pending transaction, or was completed, not 
     earlier than January 1, 2001; and
       (D) did not result in the creation of a single air carrier 
     by September 11, 2001.
       (c) If an eligible employee is a covered employee of an air 
     carrier involved in a covered transaction that leads to the 
     combination of crafts or classes that are subject to the 
     Railway Labor Act, the eligible employee may receive 
     assistance under this title only if the parties to the 
     transaction--
       (1) apply sections 3 and 13 of the labor protective 
     provisions imposed by the Civil Aeronautics Board in the 
     Allegheny-Mohawk merger (as published at 59 CAB 45) to the 
     covered employees of the air carrier; and
       (2) subject to paragraph (1), in a case in which a 
     collective bargaining agreement provides for the application 
     of sections 3 and 13 of the labor protective provisions in 
     the process of seniority integration for the covered 
     employees, apply the terms of the collective bargaining 
     agreement to the covered employees, and do not abrogate the 
     terms of the agreement.
       (d) Any aggrieved person (including any labor organization 
     that represents the person) may bring an action to enforce 
     this section, or the terms of any award or agreement 
     resulting from arbitration or a settlement relating to the 
     requirements of this section. The person may bring the action 
     in an appropriate Federal district court, determined in 
     accordance with section 1391 of title 28, United States Code, 
     without regard to the amount in controversy.

                          ____________________