[Congressional Record Volume 147, Number 177 (Wednesday, December 19, 2001)]
[House]
[Pages H10503-H10820]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 CONFERENCE REPORT ON H.R. 3338, DEPARTMENT OF DEFENSE APPROPRIATIONS 
                               ACT, 2002

  Mr. LEWIS of California (during the debate on H. Res. 320) submitted 
the following conference report and statement on the bill (H.R. 3338) 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2002, and for other purposes.

                Conference Report (H. Rept. No. 107-350)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     3338) ``making appropriations for the Department of Defense 
     for the fiscal year ending September 30, 2002, and for other 
     purposes'', having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:
       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:

         DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

                                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), and to the Department of Defense Military 
     Retirement Fund, $23,752,384,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $19,551,484,000.

                    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), and to 
     the Department of Defense Military Retirement Fund, 
     $7,345,340,000.

                     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), and to the Department of Defense Military 
     Retirement Fund, $19,724,014,000.

                        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, $1,654,523,000.

                    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, $471,200,000.

                      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

[[Page H10504]]

     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, $4,041,695,000.

                  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, $1,784,654,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

       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, $22,335,074,000: Provided, That of the 
     funds made available under this heading, $1,000,000, to 
     remain available until expended, shall be transferred to 
     ``National Park Service--Construction'' within 30 days of the 
     enactment of this Act, only for necessary infrastructure 
     repair improvements at Fort Baker, under the management of 
     the Golden Gate Recreation Area: Provided further, That of 
     the funds appropriated in this paragraph, not less than 
     $355,000,000 shall be made available only for conventional 
     ammunition care and maintenance.

                    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 $6,000,000 can be 
     used for emergencies and extraordinary expenses, to be 
     expended on the approval or authority of the Secretary of the 
     Navy, and payments may be made on his certificate of 
     necessity for confidential military purposes, 
     $26,876,636,000.

                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, $2,931,934,000.

                  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, $26,026,789,000: Provided, That 
     notwithstanding any other provision of law, that of the funds 
     available under this heading, $750,000 shall only be 
     available to the Secretary of the Air Force for a grant to 
     Florida Memorial College for the purpose of funding minority 
     aviation training.

                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, $12,773,270,000, of which not to exceed 
     $25,000,000 may be available for the CINC initiative fund 
     account; and of which not to exceed $33,500,000 can be used 
     for emergencies and extraordinary expenses, to be expended on 
     the approval or authority of the Secretary of Defense, and 
     payments may be made on his certificate of necessity for 
     confidential military purposes: Provided, That 
     notwithstanding any other provision of law, of the funds 
     provided in this Act for Civil Military programs under this 
     heading, $750,000 shall be available for a grant for Outdoor 
     Odyssey, Roaring Run, Pennsylvania, to support the Youth 
     Development and Leadership program and Department of Defense 
     STARBASE program: Provided further, That of the funds made 
     available in this paragraph, $1,000,000 shall be available 
     only for continuation of the Middle East Regional Security 
     Issues program: Provided further, That none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to plan or implement the consolidation of a budget or 
     appropriations liaison office of the Office of the Secretary 
     of Defense, the office of the Secretary of a military 
     department, or the service headquarters of one of the Armed 
     Forces into a legislative affairs or legislative liaison 
     office.

                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, $2,024,866,000.

             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), $3,768,058,000.

             Operation and Maintenance, Air National Guard

       For operation and maintenance of the Air National Guard, 
     including medical and hospital treatment and related expenses 
     in non-Federal hospitals; maintenance, operation, repair, and 
     other necessary expenses of facilities for the training and 
     administration of the Air National Guard, including repair of 
     facilities, maintenance, operation, and modification of 
     aircraft; transportation of things, hire of passenger motor 
     vehicles; supplies, materials, and equipment, as authorized 
     by law for the Air National Guard; and expenses incident to 
     the maintenance and use of supplies, materials, and 
     equipment, including such as may be furnished from stocks 
     under the control of agencies of the Department of Defense; 
     travel expenses (other than mileage) on the same basis as 
     authorized by law for Air National Guard personnel on active 
     Federal duty, for Air National Guard commanders while 
     inspecting units in compliance with National Guard Bureau 
     regulations when specifically authorized by the Chief, 
     National Guard Bureau, $3,988,961,000.

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

       For expenses directly relating to Overseas Contingency 
     Operations by United States military forces, $50,000,000, to 
     remain available until expended: Provided, That the Secretary 
     of Defense may transfer these funds only to military 
     personnel accounts; operation and maintenance accounts within 
     this title; the Defense Health Program appropriation; 
     procurement accounts; research, development, test and 
     evaluation accounts; and to working capital funds: Provided 
     further, That the funds transferred shall be merged with and 
     shall be available for the same purposes and for the same 
     time period, as the appropriation to which transferred: 
     Provided further, That upon a determination that all or part 
     of the funds transferred from this appropriation are not 
     necessary for the purposes provided herein, such amounts may 
     be transferred back to this appropriation: Provided further, 
     That the transfer authority provided in this paragraph is in 
     addition to any other transfer authority contained elsewhere 
     in this Act.

          United States Court 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:

[[Page H10505]]

     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, $222,255,000, 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), 
     $49,700,000, to remain available until September 30, 2003.

        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, 
     $1,984,391,000, 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, 
     $1,079,330,000, 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, $2,193,746,000, 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, 
     $1,200,465,000, to remain available for obligation until 
     September 30, 2004.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of not to exceed 29 passenger 
     motor vehicles for replacement only; and the purchase of 3 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $200,000 per vehicle; 
     communications and electronic equipment; other support 
     equipment; spare parts, ordnance, and accessories therefor; 
     specialized equipment and training devices; expansion of 
     public and private plants, including the land necessary 
     therefor, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve plant and 
     Government and contractor-owned equipment layaway; and other 
     expenses necessary for the foregoing purposes, 
     $4,183,736,000, 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, $7,938,143,000, 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, 
     $1,429,592,000, 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, 
     $461,399,000, to remain available for obligation until 
     September 30, 2004.

[[Page H10506]]

                   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), $365,440,000;
       NSSN, $1,578,914,000;
       NSSN (AP), $684,288,000;
       CVN Refuelings, $1,148,124,000;
       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;
       DDG-51 (AP), $125,000,000;
       Cruiser conversion (AP), $75,000,000;
       LPD-17 (AP), $155,000,000;
       T-AKE, $370,818,000;
       LHD-8, $267,238,000;
       LCAC landing craft air cushion program, $46,091,000;
       Prior year shipbuilding costs, $729,248,000;
       Mine Hunter SWATH, $1,000,000;
       Yard Oilers, $3,000,000; and
       For craft, outfitting, post delivery, conversions, and 
     first destination transformation transportation, 
     $302,230,000;
     In all: $9,490,039,000, 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, 
     $4,270,976,000, 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, $995,442,000, 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, $10,567,038,000, 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, 
     $2,989,524,000, 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, 
     $866,644,000, 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 per vehicle; lease of 
     passenger motor vehicles; and expansion of public and private 
     plants, Government-owned equipment and installation thereof 
     in such plants, erection of structures, and acquisition of 
     land, for the foregoing purposes, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon, prior to approval of title; reserve plant 
     and Government and contractor-owned equipment layaway, 
     $8,085,863,000, 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 65 passenger 
     motor vehicles for replacement only; the purchase of 4 
     vehicles required for physical security of personnel, 
     notwithstanding price limitations applicable to passenger 
     vehicles but not to exceed $250,000 per vehicle; expansion of 
     public and private plants, equipment, and installation 
     thereof in such plants, erection of structures, and 
     acquisition of land for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $2,389,490,000, to remain available for obligation 
     until September 30, 2004: Provided, That funds provided under 
     this heading for Patriot Advanced Capability 3 (PAC-3) 
     missiles may be used for procurement of critical parts for 
     PAC-3 missiles to support production of such missiles in 
     future fiscal years.

                    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), 
     $40,000,000 to remain available until expended, of which, 
     $2,000,000 may be used for a Processible Rigid-Rod Polymeric 
     Material Supplier Initiative under title III 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, $699,130,000, 
     to remain available for obligation until September 30, 2004: 
     Provided, That the Chiefs of the Reserve and National Guard 
     components shall, not later than 30 days after the enactment 
     of this Act, individually submit to the congressional defense 
     committees the modernization priority assessment for their 
     respective Reserve or National Guard component: Provided 
     further, That of the funds appropriated under this heading, 
     $148,430,000 shall be available only for the procurement of 
     C-130J aircraft to be used solely for western states 
     firefighting.

                                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, $7,106,074,000, 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, $11,498,506,000, 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, $14,669,931,000, to remain 
     available for obligation until September 30, 2003.

[[Page H10507]]

        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, $15,415,275,000, to 
     remain available for obligation until September 30, 2003: 
     Provided, That for funds provided under this heading for 
     ballistic missile defense programs, the minimum amount 
     applicable under section 9(f)(1)(C) of the Small Business Act 
     (15 U.S.C. 638(f)(1)(C)) shall be $75,000,000 (in lieu of the 
     amount otherwise applicable for those programs under that 
     section).

                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, $231,855,000, 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, $1,312,986,000: 
     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), and for the 
     necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $432,408,000, 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: Provided further, That, notwithstanding 
     any other provision of law, $25,000,000 of the funds 
     available under this heading shall be available only to 
     finance the cost of constructing additional sealift capacity.

                                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, $18,391,194,000, of which $17,659,475,000 
     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 $463,804,000, to remain available for 
     obligation until September 30, 2003, shall be for Research, 
     development, test and evaluation, and of which $14,000,000 
     shall be available for HIV prevention educational activities 
     undertaken in connection with U.S. military training, 
     exercises, and humanitarian assistance activities conducted 
     in African nations.

            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, $1,105,557,000, 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 $202,379,000 
     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, $842,581,000: Provided, That the funds 
     appropriated under this heading shall be available for 
     obligation for the same time period and for the same purpose 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided under this heading is in 
     addition to any other transfer authority contained elsewhere 
     in this Act.

                    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 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


                     (including transfer of funds)

       For necessary expenses of the Intelligence Community 
     Management Account, $160,429,000, 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, $42,752,000 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, 
     $67,500,000, to remain available until expended.

                 National Security Education Trust Fund

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

                               TITLE VIII

               GENERAL PROVISIONS--DEPARTMENT OF DEFENSE

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


                          (transfer of funds)

       Sec. 8005. Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, he 
     may, with the approval of the Office of Management and 
     Budget, transfer not to exceed $2,000,000,000 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,

[[Page H10508]]

     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 May 1, 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:
         UH-60/CH-60 aircraft;
         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 as of September 30 of each year: Provided, 
     That funds available for operation and maintenance shall be 
     available for providing humanitarian and similar assistance 
     by using Civic Action Teams in the Trust Territories of the 
     Pacific Islands and freely associated states of Micronesia, 
     pursuant to the Compact of Free Association as authorized by 
     Public Law 99-239: Provided further, That upon a 
     determination by the Secretary of the Army that such action 
     is beneficial for graduate medical education programs 
     conducted at Army medical facilities located in Hawaii, the 
     Secretary of the Army may authorize the provision of medical 
     services at such facilities and transportation to such 
     facilities, on a nonreimbursable basis, for civilian patients 
     from American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Marshall Islands, the Federated States of 
     Micronesia, Palau, and Guam.
       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 2003 Department of 
     Defense budget request shall be prepared and submitted to the 
     Congress as if subsections (a) and (b) of this provision were 
     effective with regard to fiscal year 2003.
       (c) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8011. Notwithstanding any other provision of law, none 
     of the funds made available by this Act shall be used by the 
     Department of Defense to exceed, outside the 50 United 
     States, its territories, and the District of Columbia, 
     125,000 civilian workyears: Provided, That workyears shall be 
     applied as defined in the Federal Personnel Manual: Provided 
     further, That workyears expended in dependent student hiring 
     programs for disadvantaged youths shall not be included in 
     this workyear limitation.
       Sec. 8012. None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8013. None of the funds appropriated by this Act shall 
     be available for the basic pay and allowances of any member 
     of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs 
     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment: Provided, That this 
     subsection shall not apply to those members who have 
     reenlisted with this option prior to October 1, 1987: 
     Provided further, That this subsection applies only to active 
     components of the Army.
       Sec. 8014. None of the funds appropriated by this Act shall 
     be available to convert to contractor performance an activity 
     or function of the Department of Defense that, on or after 
     the date of the enactment of this Act, is performed by more 
     than 10 Department of Defense civilian employees until a most 
     efficient and cost-effective organization analysis is 
     completed on such activity or function and certification of 
     the analysis is made to the Committees on Appropriations of 
     the House of Representatives and the Senate: Provided, That 
     this section and subsections (a), (b), and (c) of 10 U.S.C. 
     2461 shall not apply to a commercial or industrial type 
     function of the Department of Defense that: (1) is included 
     on the procurement list established pursuant to section 2 of 
     the Act of June 25, 1938 (41 U.S.C. 47), popularly referred 
     to as the Javits-Wagner-O'Day Act; (2) is planned to be 
     converted to performance by a qualified nonprofit agency for 
     the blind or by a qualified nonprofit agency for other 
     severely handicapped individuals in accordance with that Act; 
     or (3) is planned to be converted to performance by a 
     qualified firm under 51 percent ownership by an Indian tribe, 
     as defined in section 450b(e) of title 25, United States 
     Code, or a Native Hawaiian organization, as defined in 
     section 637(a)(15) of title 15, United States Code.

                          (transfer of funds)

       Sec. 8015. Funds appropriated in title III of this Act for 
     the Department of Defense Pilot Mentor-Protege Program may be 
     transferred to any other appropriation contained in this Act 
     solely for the purpose of implementing a Mentor-Protege 
     Program developmental assistance agreement pursuant to 
     section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       Sec. 8016. None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States: Provided, That for the purpose of this 
     section manufactured will include cutting, heat treating, 
     quality control, testing of chain and welding (including the 
     forging and shot blasting process): Provided further, That 
     for the purpose of this section substantially all of the 
     components of anchor and mooring chain shall be considered to 
     be produced or manufactured in the United States if the 
     aggregate cost of the components produced or manufactured in 
     the United States exceeds the aggregate cost of the 
     components produced or manufactured outside the United 
     States: Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations that such an acquisition must be 
     made in order to acquire capability for national security 
     purposes.
       Sec. 8017. None of the funds appropriated by this Act 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services

[[Page H10509]]

     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 2003 shall identify such sums anticipated in residual 
     value settlements, and identify such construction, real 
     property maintenance or base operating costs that shall be 
     funded by the host nation through such credits: Provided 
     further, That all military construction projects to be 
     executed from such accounts must be previously approved in a 
     prior Act of Congress: Provided further, That each such 
     executive agreement with a NATO member host nation shall be 
     reported to the congressional defense committees, the 
     Committee on International Relations of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate 30 days prior to the conclusion and endorsement of any 
     such agreement established under this provision.
       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 $55,000,000 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 $14,300,000 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 $23,003,000 shall be available for the Civil Air 
     Patrol Corporation, of which $21,503,000 shall be available 
     for Civil Air Patrol Corporation operation and maintenance to 
     support readiness activities which includes $1,500,000 for 
     the Civil Air Patrol counterdrug program: Provided, That 
     funds identified for ``Civil Air Patrol'' under this section 
     are intended for and shall be for the exclusive use of the 
     Civil Air Patrol Corporation and not for the Air Force or any 
     unit thereof.
       Sec. 8032. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other non-profit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year: Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during 
     fiscal year 2002 may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings, for payment of cost sharing for projects funded by 
     Government grants, for absorption of contract overruns, or 
     for certain charitable contributions, not to include employee 
     participation in community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2002, 
     not more than 6,227 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs: Provided, That of 
     the specific amount referred to previously in this 
     subsection, not more than 1,029 staff years may be funded for 
     the defense studies and analysis FFRDCs.
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2003 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year.
       (f) Notwithstanding any other provision of this Act, the 
     total amount appropriated in this Act for FFRDCs is hereby 
     reduced by $40,000,000.
       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,

[[Page H10510]]

     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 2002. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (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 President shall include with each budget for 
     a fiscal year submitted to the Congress under section 1105 of 
     title 31, United States Code, materials that shall identify 
     clearly and separately the amounts requested in the budget 
     for appropriation for that fiscal year for salaries and 
     expenses related to administrative activities of the 
     Department of Defense, the military departments, and the 
     defense agencies.
       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: Provided, That the $100,000 limitation shall not 
     apply to amounts appropriated in this Act under the heading 
     ``Operation and Maintenance, Defense-Wide'' for expenses 
     related to certain classified activities.
       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: 
     Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for agent operations and 
     for covert action programs authorized by the President under 
     section 503 of the National Security Act of 1947, as amended, 
     shall remain available until September 30, 2003.
       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 to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $10,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8048. Amounts collected for the use of the facilities 
     of the National Science Center for Communications and 
     Electronics during the current fiscal year and hereafter 
     pursuant to section 1459(g) of the Department of Defense 
     Authorization Act, 1986, and deposited to the special account 
     established under subsection 1459(g)(2) of that Act are 
     appropriated and shall be available until expended for the 
     operation and maintenance of the Center as provided for in 
     subsection 1459(g)(2).


                          (transfer of funds)

       Sec. 8049. In addition to the amounts appropriated 
     elsewhere in this Act, $10,000,000 is hereby appropriated to 
     the Department of Defense: Provided, That at the direction of 
     the Assistant Secretary of Defense for Reserve Affairs, these 
     funds shall be transferred to the Reserve component personnel 
     accounts in Title I of this Act: Provided further, That these 
     funds shall be used for incentive and bonus programs that 
     address the most pressing recruitment and retention issues in 
     the Reserve components.
       Sec. 8050. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means title III of the Act entitled ``An 
     Act making appropriations for the Treasury and Post Office 
     Departments for the fiscal year ending June 30, 1934, and for 
     other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
     seq.).
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally

[[Page H10511]]

     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. 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. 8054. Of the funds provided in Department of Defense 
     Appropriations Acts, the following funds are hereby rescinded 
     from the following accounts and programs in the specified 
     amounts:
         ``Former Soviet Union Threat Reduction, 2000/2002'', 
     $32,000,000;
         ``Other Procurement, Navy, 2000/2002'', $15,300,000;
         ``Aircraft Procurement, Air Force, 2000/2002'', 
     $8,500,000;
         ``Other Procurement, Air Force, 2000/2002'', $20,000,000;
         ``Aircraft Procurement, Army, 2001/2003'', $16,000,000;
         ``Procurement of Ammunition, Army, 2001/2003'', 
     $27,400,000;
         ``Other Procurement, Army, 2001/2003'', $28,745,000;
         ``Aircraft Procurement, Navy, 2001/2003'', $8,600,000;
         ``Weapons Procurement, Navy, 2001/2003'', $20,000,000;
         ``Other Procurement, Navy, 2001/2003'', $7,600,000;
         ``Procurement, Marine Corps, 2001/2003'', $1,000,000;
         ``Aircraft Procurement, Air Force, 2001/2003'', 
     $63,283,000;
         ``Missile Procurement, Air Force, 2001/2003'', 
     $58,450,000;
         ``Procurement of Ammunition, Air Force, 2001/2003'', 
     $5,800,000;
         ``Other Procurement, Air Force, 2001/2003'', $10,200,000;
         ``Procurement, Defense-Wide, 2001/2003'', $113,434,000;
         ``Research, Development, Test and Evaluation, Army, 2001/
     2002'', $6,300,000;
         ``Research, Development, Test and Evaluation, Navy, 2001/
     2002'', $18,800,000;
         ``Research, Development, Test and Evaluation, Air Force, 
     2001/2002'', $69,283,000; and
         ``Research, Development, Test and Evaluation, Defense-
     Wide, 2001/2002'', $780,000.
       Sec. 8055. 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. 8056. 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. 8057. 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. 8058. 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. 8059. During the current fiscal year, none of the 
     funds appropriated in this Act may be used to reduce the 
     civilian medical and medical support personnel assigned to 
     military treatment facilities below the September 30, 2001 
     level: Provided, That the Service Surgeons General may waive 
     this section by certifying to the congressional defense 
     committees that the beneficiary population is declining in 
     some catchment areas and civilian strength reductions may be 
     consistent with responsible resource stewardship and 
     capitation-based budgeting.
       Sec. 8060. (a) Limitation on Pentagon Renovation Costs.--
     Not later than the date each year on which the President 
     submits to Congress the budget under section 1105 of title 
     31, United States Code, the Secretary of Defense shall submit 
     to Congress a certification that the total cost for the 
     planning, design, construction, and installation of equipment 
     for the renovation of wedges 2 through 5 of the Pentagon 
     Reservation, cumulatively, will not exceed four times the 
     total cost for the planning, design, construction, and 
     installation of equipment for the renovation of wedge 1.
       (b) Annual Adjustment.--For purposes of applying the 
     limitation in subsection (a), the Secretary shall adjust the 
     cost for the renovation of wedge 1 by any increase or 
     decrease in costs attributable to economic inflation, based 
     on the most recent economic assumptions issued by the Office 
     of Management and Budget for use in preparation of the budget 
     of the United States under section 1104 of title 31, United 
     States Code.
       (c) Exclusion of Certain Costs.--For purposes of 
     calculating the limitation in subsection (a), the total cost 
     for wedges 2 through 5 shall not include--
       (1) any repair or reconstruction cost incurred as a result 
     of the terrorist attack on the Pentagon that occurred on 
     September 11, 2001;
       (2) any increase in costs for wedges 2 through 5 
     attributable to compliance with new requirements of Federal, 
     State, or local laws; and
       (3) any increase in costs attributable to additional 
     security requirements that the Secretary of Defense considers 
     essential to provide a safe and secure working environment.
       (d) Certification Cost Reports.--As part of the annual 
     certification under subsection (a), the Secretary shall 
     report the projected cost (as of the time of the 
     certification) for--
       (1) the renovation of each wedge, including the amount 
     adjusted or otherwise excluded for such wedge under the 
     authority of paragraphs (2) and (3) of subsection (c) for the 
     period covered by the certification; and
       (2) the repair and reconstruction of wedges 1 and 2 in 
     response to the terrorist attack on the Pentagon that 
     occurred on September 11, 2001.
       (e) Duration of Certification Requirement.--The requirement 
     to make an annual certification under subsection (a) shall 
     apply until the Secretary certifies to Congress that the 
     renovation of the Pentagon Reservation is completed.
       Sec. 8061. 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. 8062. Of the funds made available under the heading 
     ``Operation and Maintenance, Air Force'', $10,200,000 shall 
     be available to realign railroad track on Elmendorf Air Force 
     Base and Fort Richardson.
       Sec. 8063. (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. 8064. Appropriations available in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' for 
     increasing energy and

[[Page H10512]]

     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. 8065. None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin: Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes: Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 4(12) of the Office of Federal Procurement 
     Policy Act, except that the restriction shall apply to ball 
     or roller bearings purchased as end items.
       Sec. 8066. 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. 8067. 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. 8068. Notwithstanding any other provision of law, the 
     Naval shipyards of the United States shall be eligible to 
     participate in any manufacturing extension program financed 
     by funds appropriated in this or any other Act.
       Sec. 8069. 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. 8070. None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of the Department of Defense who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress: Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8071. 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. 8072. (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. 8073. 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. 8074. 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. 8075. (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. 8076. 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. 8077. 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. 8078. 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. 8079. 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

[[Page H10513]]

     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. 8080. 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. 8081. 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. 8082. (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. 8083. Using funds available by this Act or any other 
     Act, the Secretary of the Air Force, pursuant to a 
     determination under section 2690 of title 10, United States 
     Code, may implement cost-effective agreements for required 
     heating facility modernization in the Kaiserslautern Military 
     Community in the Federal Republic of Germany: Provided, That 
     in the City of Kaiserslautern such agreements will include 
     the use of United States anthracite as the base load energy 
     for municipal district heat to the United States Defense 
     installations: Provided further, That at Landstuhl Army 
     Regional Medical Center and Ramstein Air Base, furnished heat 
     may be obtained from private, regional or municipal services, 
     if provisions are included for the consideration of United 
     States coal as an energy source.
       Sec. 8084. 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. 8085. 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. 8086. 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. 8087. In addition to the amounts appropriated or 
     otherwise made available in this Act, $3,500,000, 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 $3,500,000 to the 
     American Red Cross for Armed Forces Emergency Services.
       Sec. 8088. 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. 8089. (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. 8090. 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. 8091. Section 8125 of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259), is hereby 
     repealed.
       Sec. 8092. Of the funds appropriated in this Act under the 
     heading ``Research, Development, Test and Evaluation, Navy'', 
     up to $2,600,000 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. 8093. (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. 8094. 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. 8095. The total amount appropriated in this Act is 
     hereby reduced by $240,000,000 to reflect savings from 
     favorable foreign currency fluctuations, to be derived as 
     follows:
       ``Military Personnel, Army'', $39,400,000;
       ``Military Personnel, Navy'', $800,000;
       ``Military Personnel, Marine Corps'', $9,900,000;
       ``Military Personnel, Air Force'', $19,500,000;
       ``Operation and Maintenance, Army'', $87,600,000;
       ``Operation and Maintenance, Navy'', $18,300,000;
       ``Operation and Maintenance, Marine Corps'', $1,300,000;
       ``Operation and Maintenance, Air Force'', $33,800,000; and
       ``Operation and Maintenance, Defense-Wide'', $29,400,000.
       Sec. 8096. 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. 8097. The budget of the President for fiscal year 2003 
     submitted to the Congress pursuant to section 1105 of title 
     31, United States Code, and each annual budget request 
     thereafter, shall include separate budget justification 
     documents for costs of United States Armed Forces' 
     participation in contingency operations for the Military 
     Personnel accounts, the Overseas Contingency Operations 
     Transfer Fund, the Operation and Maintenance accounts, and 
     the Procurement accounts: Provided, That these budget 
     justification documents shall include a description of the 
     funding requested for each anticipated contingency operation, 
     for each military service, to include active duty and

[[Page H10514]]

     Guard and Reserve components, and for each appropriation 
     account: Provided further, That these documents shall include 
     estimated costs for each element of expense or object class, 
     a reconciliation of increases and decreases for ongoing 
     contingency operations, and programmatic data including, but 
     not limited to troop strength for each active duty and Guard 
     and Reserve component, and estimates of the major weapons 
     systems deployed in support of each contingency: Provided 
     further, That these documents shall include budget exhibits 
     OP-5 and OP-32, as defined in the Department of 
     Defense Financial Management Regulation, for the Overseas 
     Contingency Operations Transfer Fund for fiscal years 2001 
     and 2002.
       Sec. 8098. 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. 8099. 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. 8100. 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. 8101. Notwithstanding any other provision of law, for 
     the purpose of establishing all Department of Defense 
     policies governing the provision of care provided by and 
     financed under the military health care system's case 
     management program under 10 U.S.C. 1079(a)(17), the term 
     ``custodial care'' shall be defined as care designed 
     essentially to assist an individual in meeting the activities 
     of daily living and which does not require the supervision of 
     trained medical, nursing, paramedical or other specially 
     trained individuals: Provided, That the case management 
     program shall provide that members and retired members of the 
     military services, and their dependents and survivors, have 
     access to all medically necessary health care through the 
     health care delivery system of the military services 
     regardless of the health care status of the person seeking 
     the health care: Provided further, That the case management 
     program shall be the primary obligor for payment of medically 
     necessary services and shall not be considered as secondarily 
     liable to title XIX of the Social Security Act, other welfare 
     programs or charity based care.
         Sec. 8102. Notwithstanding any other provision in this 
     Act, the total amount appropriated in this Act is hereby 
     reduced by $262,000,000, to reduce cost growth in travel, to 
     be distributed as follows:
         ``Operation and Maintenance, Army'', $21,000,000;
         ``Operation and Maintenance, Navy'', $14,000,000;
         ``Operation and Maintenance, Marine Corps'', $4,000,000;
         ``Operation and Maintenance, Air Force'', $180,000,000;
         ``Operation and Maintenance, Defense-wide'', $20,000,000;
         ``Operation and Maintenance, Army Reserve'', $4,000,000;
         ``Operation and Maintenance, Navy Reserve'', 2,000,000;
         ``Operation and Maintenance, Air Force Reserve'', 
     $5,000,000;
         ``Operation and Maintenance, Army National Guard'', 
     $6,000,000; and
         ``Operation and Maintenance, Air National Guard'', 
     $6,000,000.
       Sec. 8103. 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. 8104. (a) Registering Financial Management Information 
     Technology Systems With DOD Chief Information Officer.--None 
     of the funds appropriated in this Act may be used for a 
     mission critical or mission essential financial management 
     information technology system (including a system funded by 
     the defense working capital fund) that is not registered with 
     the Chief Information Officer of the Department of Defense. A 
     system shall be considered to be registered with that officer 
     upon the furnishing to that officer of notice of the system, 
     together with such information concerning the system as the 
     Secretary of Defense may prescribe. A financial management 
     information technology system shall be considered a mission 
     critical or mission essential information technology system 
     as defined by the Under Secretary of Defense (Comptroller).
       (b) Certifications as to Compliance With Financial 
     Management Modernization Plan.--(1) During the current fiscal 
     year, a financial management major automated information 
     system may not receive Milestone I approval, Milestone II 
     approval, or Milestone III approval, or their equivalent, 
     within the Department of Defense until the Under Secretary of 
     Defense (Comptroller) certifies, with respect to that 
     milestone, that the system is being developed in accordance 
     with the Department's Financial Management Modernization 
     Plan. The Under Secretary of Defense (Comptroller) may 
     require additional certifications, as appropriate, with 
     respect to any such system.
       (2) The Chief Information Officer shall provide the 
     congressional defense committees timely notification of 
     certifications under paragraph (1).
       (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. 8105. 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. 8106. 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. 8107. 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. 8108. 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. 8109. 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. 8110. (a) The Department of Defense is authorized to 
     enter into agreements with the Veterans Administration and 
     federally-funded

[[Page H10515]]

     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. 8111. In addition to the amounts provided elsewhere in 
     this Act, the amount of $8,500,000 is hereby appropriated for 
     ``Operation and Maintenance, Defense-Wide'', to be available, 
     notwithstanding any other provision of law, only for a grant 
     to the United Service Organizations Incorporated, a federally 
     chartered corporation under chapter 2201 of title 36, United 
     States Code. The grant provided under authority of this 
     section is in addition to any grant provided for under any 
     other provision of law.
       Sec. 8112. Of the amounts appropriated in this Act under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'', $131,700,000 shall be made available for the 
     Arrow missile defense program: Provided, That of this amount, 
     $97,700,000 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. 8113. 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. 8114. 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. 8115. None of the funds appropriated in this Act under 
     the heading ``Overseas Contingency Operations Transfer Fund'' 
     may be transferred or obligated for Department of Defense 
     expenses not directly related to the conduct of overseas 
     contingencies: Provided, That the Secretary of Defense shall 
     submit a report no later than 30 days after the end of each 
     fiscal quarter to the Committees on Appropriations of the 
     Senate and House of Representatives that details any transfer 
     of funds from the ``Overseas Contingency Operations Transfer 
     Fund'': Provided further, That the report shall explain any 
     transfer for the maintenance of real property, pay of 
     civilian personnel, base operations support, and weapon, 
     vehicle or equipment maintenance.
       Sec. 8116. In addition to amounts appropriated elsewhere in 
     this Act, $4,500,000 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of the Army shall 
     make a grant in the amount of $4,500,000 to the Fort Des 
     Moines Memorial Park and Education Center.
       Sec. 8117. In addition to amounts appropriated elsewhere in 
     this Act, $4,250,000 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of Defense shall 
     make a grant in the amount of $4,250,000 to the National D-
     Day Museum.
       Sec. 8118. 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. 8119. In addition to amounts provided in this Act, 
     $1,700,000 is hereby appropriated for ``Defense Health 
     Program'', to remain available for obligation until expended: 
     Provided, That notwithstanding any other provision of law, 
     these funds shall be available only for a grant to the Fisher 
     House Foundation, Inc., only for the construction and 
     furnishing of additional Fisher Houses to meet the needs of 
     military family members when confronted with the illness or 
     hospitalization of an eligible military beneficiary.
       Sec. 8120. (a) Section 8162 of the Department of Defense 
     Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-
     79) is amended--
       (1) by redesignating subsection (m) as subsection (o); and
       (2) by adding after subsection (l) the following:
       ``(m) Authority to Establish Memorial.--
       ``(1) In general.--The Commission may establish a permanent 
     memorial to Dwight D. Eisenhower on land under the 
     jurisdiction of the Secretary of the Interior in the District 
     of Columbia or its environs.
       ``(2) Compliance with standards for commemorative works.--
     The establishment of the memorial shall be in accordance with 
     the Commemorative Works Act (40 U.S.C. 1001 et seq.).''.
       (b) Section 8162 of the Department of Defense 
     Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-
     79) is amended--
       (1) in subsection (j)(2), by striking ``accept gifts'' and 
     inserting ``solicit and accept contributions''; and
       (2) by inserting after subsection (m) (as added by 
     subsection (a)(2)) the following:
       ``(n) Memorial Fund.--
       ``(1) Establishment.--There is created in the Treasury a 
     fund for the memorial to Dwight D. Eisenhower that includes 
     amounts contributed under subsection (j)(2).
       ``(2) Use of fund.--The fund shall be used for the expenses 
     of establishing the memorial.
       ``(3) Interest.--The Secretary of the Treasury shall credit 
     to the fund the interest on obligations held in the fund.''.
       (c) In addition to the amounts appropriated or otherwise 
     made available elsewhere in this Act for the Department of 
     Defense, $2,600,000, 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 $2,600,000 to the Dwight D. Eisenhower Memorial 
     Commission for direct administrative support.


                     (including transfer of funds)

       Sec. 8121. In addition to the amounts appropriated 
     elsewhere in this Act, $1,700,000, to remain available until 
     expended, is hereby appropriated to the Department of 
     Defense: Provided, That not later than 30 days after the 
     enactment of this Act, the Secretary of Defense shall 
     transfer these funds to the Department of Energy 
     appropriation account ``Fossil Energy Research and 
     Development'', only for a proposed conceptual design study to 
     examine the feasibility of a zero emissions, steam injection 
     process with possible applications for increased power 
     generation efficiency, enhanced oil recovery and carbon 
     sequestration.
       Sec. 8122. 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 all affected 
     subcontractors shall mutually resolve the amounts claimed 
     for payment by cooperative negotiation, third-party 
     mediation or other form of alternative dispute resolution 
     and shall present such claims to the Secretary of the Air 
     Force: Provided further, 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. 8123. 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. 8124. Funds appropriated for Operation and Maintenance 
     in title II of this Act may be used to complete certain 
     projects for which funds have been provided from--
       (1) amounts appropriated for ``Operation and Maintenance, 
     Navy'' in section 110 of the Emergency Supplemental Act, 2000 
     (division B of Public Law 106-246; 114 Stat. 530); or
       (2) amounts appropriated for ``Operation and Maintenance, 
     Navy'' in section 9001(a)(2)(i) of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 709).
       Sec. 8125. In addition to amounts provided elsewhere in 
     this Act, $17,900,000 is hereby appropriated for the 
     Secretary of Defense, to remain available until expended, 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. 8126. 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 $26,700,000 shall be 
     available for recording, adjusting, and liquidating 
     obligations for the C-17 aircraft properly chargeable to the 
     fiscal year 1998 and 1999 ``Aircraft Procurement, Air Force'' 
     account: Provided, That the Secretary of the Air Force shall 
     notify the congressional defense committees 30 days prior to 
     obligation of all of the specific sources of funds to be used 
     for such purpose.
       Sec. 8127. Notwithstanding any other provision of law, from 
     funds appropriated in this or any other Act under the 
     heading, ``Missile Procurement, Air Force'', that remain 
     available for obligation, not to exceed $50,000,000 shall be

[[Page H10516]]

     available for recording, adjusting, and liquidating 
     obligations properly chargeable to fiscal year 1997 and 1998 
     ``Missile Procurement, Air Force'' accounts: Provided, That 
     the Secretary of the Air Force shall notify the congressional 
     defense committees 30 days prior to obligation of all of the 
     specific sources of funds to be used for such purpose.
       Sec. 8128. 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.


                     (including transfer of funds)

       Sec. 8129. Of the amounts appropriated in this Act under 
     the heading, ``Shipbuilding and Conversion, Navy'', 
     $729,248,000 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, $169,364,000;
       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, $35,200,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1998/2002'':
       NSSN Program, $166,561,000;
       DDG-51 Destroyer Program, $108,457,000;
       Under the heading, ``Shipbuilding and Conversion, Navy, 
     1999/2002'':
       NSSN Program, $60,429,000.
         Under the heading, ``Shipbuilding and Conversion, Navy, 
     2001/2005'':
         Submarine Refuelings, $16,248,000.


                          (TRANSFER OF FUNDS)

       Sec. 8130. 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 
     purpose as the appropriations to which transferred, and for 
     the same time period as the appropriation from which 
     transferred: Provided further, That the amounts shall be 
     transferred between the following appropriations in the 
     amount specified:
       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.


                     (including transfer of funds)

       Sec. 8131. Of the funds appropriated by this Act under the 
     heading, ``Operation and Maintenance, Navy'', $56,000,000 
     shall remain available until expended, only for costs 
     associated with the stabilization, return, refitting, 
     necessary force protection upgrades, and repair of the U.S.S. 
     COLE: Provided, That the Secretary of Defense may transfer 
     these funds to appropriations accounts for procurement and 
     that the funds transferred shall be merged with and shall be 
     available for the same purposes and for the same time period 
     as the appropriation to which transferred: Provided further, 
     That the transfer authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense.
       Sec. 8132. (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. 8133. The Secretary of the Navy may settle, or 
     compromise, and pay any and all admiralty claims under 10 
     U.S.C. 7622 arising out of the collision involving the U.S.S. 
     GREENEVILLE and the EHIME MARU, in any amount and without 
     regard to the monetary limitations in subsections (a) and (b) 
     of that section: Provided, That such payments shall be made 
     from funds available to the Department of the Navy for 
     operation and maintenance.
       Sec. 8134. Notwithstanding section 229(a) of the Social 
     Security Act, no wages shall be deemed to have been paid to 
     any individual pursuant to that section in any calendar year 
     after 2001.
       Sec. 8135. The total amount appropriated in this Act is 
     hereby reduced by $105,000,000 to reflect fact-of-life 
     changes in utilities costs, to be derived as follows:
       ``Operation and Maintenance, Army'', $34,700,000;
       ``Operation and Maintenance, Navy'', $8,800,000;
       ``Operation and Maintenance, Marine Corps'', $7,200,000;
       ``Operation and Maintenance, Air Force'', $28,800,000;
       ``Operation and Maintenance, Defense-Wide'', $4,500,000;
       ``Operation and Maintenance, Army Reserve'', $2,700,000;
       ``Operation and Maintenance, Army National Guard'', 
     $2,700,000;
       ``Operation and Maintenance, Air National Guard'', 
     $3,400,000;
       ``Defense Working Capital Funds'', $7,100,000; and
       ``Defense Health Program'', $5,100,000.
       Sec. 8136. (a) Of the total amount appropriated for 
     ``Operation and Maintenance, Air Force'', $2,100,000, to 
     remain available until expended, shall be available to the 
     Secretary of the Air Force only for the purpose of making a 
     grant in the amount of $2,100,000 to the Lafayette Escadrille 
     Memorial Foundation, Inc., to be used to perform the repair, 
     restoration, and preservation of the structure, plaza, and 
     surrounding grounds of the Lafayette Escadrille Memorial in 
     Marnes la-Coguette, France.
       (b) The Secretary shall require as a condition of the 
     grant--
       (1) that the funds provided through the grant be used only 
     for costs associated with such repair, restoration, and 
     preservation; and
       (2) that none of those funds may be used for remuneration 
     of any entity or individual associated with fund raising for 
     the project to carry out such repair, restoration, and 
     preservation.
         Sec. 8137. (a) Designation of National Memorial.--The 
     five-foot-tall white cross first erected by the Veterans of 
     Foreign Wars of the United States in 1934 along Cima Road in 
     San Bernardino County, California, and now located within the 
     boundary of the Mojave National Preserve, as well as a 
     limited amount of adjoining Preserve property to be 
     designated by the Secretary of the Interior, is hereby 
     designated as a national memorial commemorating United States 
     participation in World War I and honoring the American 
     veterans of that war.
         (b) Legal Description.--The memorial cross referred to in 
     subsection (a) is located at latitude 35.316 North and 
     longitude 115.548 West. The exact acreage and legal 
     description of the property to be included by the Secretary 
     of the Interior in the national World War I memorial shall be 
     determined by a survey prepared by the Secretary.
         (c) Reinstallation of Memorial Plaque.--The Secretary of 
     the Interior shall use not more than $10,000 of funds 
     available for the administration of the Mojave National 
     Preserve to acquire a replica of the original memorial plaque 
     and cross placed at the national World War I memorial 
     designated by subsection (a) and to install the plaque in a 
     suitable location on the grounds of the memorial.
       Sec. 8138. In addition to the amounts provided elsewhere in 
     this Act, the amount of $4,200,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Navy''. Such amount shall be used by the Secretary of the 
     Navy only to make a grant in the amount of $4,200,000 to the 
     U.S.S. Alabama Battleship Foundation, a nonprofit 
     organization established under the laws of the State of 
     Alabama, to be available only for the preservation of the 
     former U.S.S. ALABAMA (ex BB-60) as a museum and memorial.
       Sec. 8139. In addition to the amounts provided elsewhere in 
     this Act, the amount of $4,250,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Navy''. Such amount shall be used by the Secretary of the 
     Navy only to make a grant in the amount of $4,250,000 to the 
     Intrepid Sea-Air-Space Foundation only for the preservation 
     of the former

[[Page H10517]]

     U.S.S. INTREPID (CV 11) as a museum and memorial.
       Sec. 8140. In addition to the amounts provided elsewhere in 
     this Act, the amount of $6,000,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Air Force''. Such amount shall be used by the Secretary of 
     the Air Force only to make a grant in the amount of 
     $6,000,000 to the Medical Lake School District, Washington 
     State school district number 326, for relocation of the 
     Fairchild Air Force Base Elementary School within the 
     boundary of Fairchild Air Force Base, Washington.
       Sec. 8141. In addition to the amounts provided elsewhere in 
     this Act, the amount of $3,500,000 is hereby appropriated to 
     the Department of Defense for ``Operation and Maintenance, 
     Navy''. Such amount shall be used by the Secretary of the 
     Navy only to make a grant in the amount of $3,500,000 to the 
     Central Kitsap School District, Washington State school 
     district number 401, for the purchase and installation of 
     equipment for a special needs learning center to meet the 
     needs of Department of Defense special needs students at 
     Submarine Base Bangor, Washington.
       Sec. 8142. (a) In addition to amounts provided elsewhere in 
     this Act, the amount of $8,500,000 is hereby appropriated for 
     ``Operation and Maintenance, Defense-Wide'', to be available 
     to the Secretary of Defense only for the purpose of making a 
     grant for the purpose specified in section 8156 of the 
     Department of Defense Appropriations Act, 2001 (Public Law 
     106-259; 114 Stat. 707), as amended by subsection (b). Such 
     grant shall be made not later than 90 days after the date of 
     the enactment of this Act.
       (b) Section 8156 of the Department of Defense 
     Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 707), 
     is amended by striking the comma after ``California'' the 
     first place it appears and all that follows through ``96-
     8867)''.
       Sec. 8143. (a) Activities Under Formerly Utilized Sites 
     Remedial Action Program.--Subject to subsections (b) through 
     (e) of section 611 of Public Law 106-60 (113 Stat. 502; 10 
     U.S.C. 2701 note), the Secretary of the Army, acting through 
     the Chief of Engineers, under the Formerly Utilized Sites 
     Remedial Action Program shall undertake the functions and 
     activities specified in subsection (a) of such section in 
     order to--
       (1) clean up radioactive contamination at the Shpack 
     Landfill site located in Norton and Attleboro, Massachusetts; 
     and
       (2) clean up radioactive waste at the Shallow Land Disposal 
     Area located in Parks Township, Armstrong County, 
     Pennsylvania, consistent with the Memorandum of Understanding 
     Between the United States Nuclear Regulatory Commission and 
     the United States Army Corps of Engineers for Coordination on 
     Cleanup and Decommissioning of the Formerly Utilized Sites 
     Remedial Action Program (FUSRAP) Sites with NRC-Licensed 
     Facilities, dated July 5, 2001.
       (b) Special Rules Regarding Shallow Land Disposal Area.--
     The Secretary of the Army shall seek to recover response 
     costs incurred by the Army Corps of Engineers for cleanup of 
     the Shallow Land Disposal Area from appropriate responsible 
     parties in accordance with the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.). The Secretary of the Army and the Corps of 
     Engineers shall not, by virtue of this cleanup, become liable 
     for the actions or omissions of past, current, or future 
     licensees, owners, or operators of the Shallow Land Disposal 
     Area.
       (c) Funding Sources.--Amounts appropriated to the Army 
     Corps of Engineers for fiscal year 2001 and subsequent fiscal 
     years and available for the Formerly Utilized Sites Remedial 
     Action Program shall be available to carry out this section.
       Sec. 8144. In addition to amounts otherwise appropriated or 
     made available by this Act, $3,000,000 is appropriated to the 
     Secretary of the Air Force and shall be used by the Secretary 
     to reestablish the Tethered Aerostat Radar System at Morgan 
     City, Louisiana, previously used by the Air Force in 
     maritime, air, and land counter-drug detection and 
     monitoring. Of the amounts appropriated or otherwise made 
     available for operation and maintenance for the Air Force, 
     the Secretary shall use $3,000,000 to operate such Tethered 
     Aerostat Radar System upon its reestablishment.
       Sec. 8145. The $100,000 limitation established by section 
     8046 in Public Law 106-79 and section 8043 of Public Law 106-
     259, shall not apply to amounts appropriated in that Act 
     under the heading ``Operation and Maintenance, Defense-Wide'' 
     for expenses related to certain classified activities 
     associated with foreign material.
       Sec. 8146. The total amount appropriated in this Act for 
     Operation and Maintenance is hereby reduced by $100,000,000, 
     to reflect savings attributable to improved supervision in 
     determining appropriate purchases to be made using the 
     Government purchase card, to be derived as follows:
       ``Operation and Maintenance, Army'', $37,000,000;
       ``Operation and Maintenance, Navy'', $29,000,000;
       ``Operation and Maintenance, Marine Corps'', $3,000,000;
       ``Operation and Maintenance, Air Force'', $24,000,000; and
       ``Operation and Maintenance, Defense-Wide'', $7,000,000.
       Sec. 8147. The Secretary of Defense and the Secretary of 
     Veterans Affairs shall jointly conduct a comprehensive 
     assessment that identifies and evaluates changes to 
     Department of Defense and Department of Veterans Affairs 
     health care delivery policies, methods, practices, and 
     procedures in order to provide improved health care services 
     at reduced costs to the taxpayer. This assessment shall 
     include a detailed independent review, based on a statement 
     of work authored by the Secretaries of both departments, of 
     options to collocate or share facilities and care providers 
     in areas where duplication and excess capacity may exist, 
     optimize economies of scale through joint procurement of 
     supplies and services, institute cooperative service 
     agreements, and partially or fully integrate DOD and VA 
     systems providing telehealth services, computerized patient 
     records, provider credentialing, surgical quality assessment, 
     rehabilitation services, administrative services, and centers 
     of excellence for specialized health care services. The 
     Secretaries shall jointly transmit a report to Congress by no 
     later than March 1, 2002, explaining the findings and 
     conclusions of this assessment, including detailed estimates 
     of the costs, cost savings, and service benefits of each 
     recommendation, and making legislative and administrative 
     recommendations to implement the results of this effort: 
     Provided, That of the funds provided under the heading 
     ``Defense Health Program'' $2,500,000 shall be made available 
     only for the purpose of conducting the assessment described 
     in this section.
       Sec. 8148. (a) Notwithstanding any other provision of law, 
     operation and maintenance funds provided in this Act may be 
     used for the purchase of ultralightweight camouflage net 
     systems as unit spares in order to modernize the current 
     inventory of camouflage screens to state-of-the-art 
     protection standards more quickly than would otherwise be the 
     case.
       (b) The authority provided by subsection (a) may not be 
     used until the Secretary of the Army submits to the 
     congressional defense committees a report certifying that, 
     compared to the current system that can be purchased with 
     Army Operation and Maintenance funds, the ultralightweight 
     camouflage net system--
       (1) is technically superior against multi-spectral threat 
     sensors;
       (2) is less costly per unit; and
       (3) provides improved overall force protection.
         Sec. 8149. Army Acquisition Management. (a) Funding 
     Reduction.--The amount appropriated in this Act for 
     ``Operation and Maintenance, Army'' is hereby reduced by 
     $5,000,000 to reflect efficiencies in Army acquisition 
     management practices.
         (b) Report to Congress on Army Reorganization.--The 
     Secretary of the Army shall submit a report to the 
     congressional defense committees no later than April 15, 2002 
     providing a detailed explanation of the final plans for 
     realigning Army requirements generation, acquisition, 
     resource management, and Departmental headquarters functions 
     and systems. Such report shall include an independent 
     assessment of the Army plan by the Center for Naval Analyses. 
     Such report shall also include an analysis of the annual 
     budget and personnel savings derived from this reorganization 
     plan by major function compared to the fiscal year 2001 
     baseline for fiscal years 2002 through 2008.
       Sec. 8150. (a) Non-Profit Army Venture Capital 
     Corporation.--Of the funds made available for ``Research, 
     Development, Test and Evaluation, Army'', $25,000,000 shall 
     be available to the Secretary of the Army only for the 
     purpose of funding a venture capital investment corporation 
     established pursuant to section 2371 of title 10 United 
     States Code, to be derived as specified in subsection (b).
       (b) Funding.--The amount specified in subsection (a) shall 
     be derived by reducing, on a pro rata basis, amounts made 
     available to the Army for basic research and applied 
     research, except for amounts for research projects designated 
     as congressional special interest items and amounts available 
     to the Army for research, development, test, and evaluation 
     relating to the Future Combat System.
       Sec. 8151. Notwithstanding any other provision of law or 
     regulation, the Secretary of Defense may exercise the 
     provisions of 38 U.S.C. 7403(g) for occupations listed in 38 
     U.S.C. 7403(a)(2) as well as the following:
       Pharmacists, Audiologists, and Dental Hygienists.
       (A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall 
     apply.
       (B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not 
     apply.
       Sec. 8152. (a) The Secretary of Defense may waive any 
     requirement that the fiscal year 2001 Department of Defense 
     financial statement include the accounts and associated 
     activities of the Department of the Army and the Department 
     of the Navy, to the extent that the Secretary determines 
     necessary due to the effects of the terrorist attack on the 
     Pentagon of September 11, 2001.
       (b) If any accounts and associated activities of the 
     Department of the Army or the Department of the Navy are 
     excluded from the fiscal year 2001 Department of Defense 
     financial statement pursuant to subsection (a), the Secretary 
     of Defense shall, as soon as practicable after March 1, 2002, 
     prepare and submit to the Director of the Office of 
     Management and Budget, a revised audited financial statement 
     for fiscal year 2001 that includes all such accounts and 
     activities.
       (c) For purposes of this section, the term ``fiscal year 
     2001 Department of Defense financial statement'' means the 
     audited financial statement of the Department of Defense for 
     fiscal year 2001 required by section 3515 of title 31, United 
     States Code, to be submitted to the Director of the Office of 
     Management and Budget not later than March 1, 2002.
       Sec. 8153. Notwithstanding any other provision of this Act, 
     the Secretary of the Air Force may enter into a multiyear 
     contract, or extend an existing multiyear contract, for the 
     C-17 aircraft: Provided, That the authority to enter into 
     such a contract (or contract extension) may not be exercised 
     until a period of not less than 30 days has elapsed after the 
     date of the submission of a report under paragraph (4) of 
     section 2306b(l) of title 10, United States Code: Provided 
     further, That the authorities provided in this section shall 
     not be available until the Secretary

[[Page H10518]]

     of Defense submits to the congressional defense committees a 
     certification that the applicable requirements under section 
     2306b of title 10, United States Code, and section 8008 of 
     this Act with respect to such a contract (or contract 
     extension) have been met.
       Sec. 8154. Notwithstanding any other provision of law, of 
     the funds appropriated in this Act under the heading 
     ``Operation and Maintenance, Defense-Wide'', $1,450,000, to 
     remain available until expended, is provided only for payment 
     of any expenses incurred after April 1, 2002 of the 
     Commission on the Future of the United States Aerospace 
     Industry pursuant to section 1092(e)(1) of the Floyd D. 
     Spence National Defense Authorization Act for Fiscal Year 
     2001 (as enacted by Public Law 106-398; 114 Stat. 165A-215).
       Sec. 8155. Of the funds appropriated in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'', 
     $1,000,000, to remain available until expended, shall be made 
     available to the Secretary of Defense, notwithstanding any 
     other provision of law, only for a grant or grants to the 
     Somerset County Board of Commissioners (in the Commonwealth 
     of Pennsylvania), to design and construct a memorial 
     (including operating and maintenance expenses for appropriate 
     security measures to protect the site) at the airplane crash 
     site in Somerset County, Pennsylvania honoring the brave men, 
     women, and children who perished following a valiant struggle 
     with terrorists aboard United Airlines Flight 93 on September 
     11, 2001.
       Sec. 8156. (a) Findings.--The Congress finds that--
       (1) in times when our national security is threatened by 
     possible attacks from foreign and domestic enemies, it is 
     necessary that the United States have a sufficient supply of 
     certain products that are essential for defending this 
     Nation; and
       (2) it has been the consistent intent of Congress that the 
     Department of Defense, when purchasing items to support the 
     Armed Forces, choose items that are wholly of domestic 
     content and manufacture, especially items identified as 
     essential to our national defense.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) it is vital that the United States maintain a domestic 
     manufacturing base for certain products necessary to national 
     security, so that our Nation does not become reliant on 
     foreign sources for such products and thereby vulnerable to 
     disruptions in international trade; and
       (2) in cases where such domestic manufacturing base is 
     threatened, the United States should take action to preserve 
     such manufacturing base.
       Sec. 8157. (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. 8158. In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act for the 
     Department of Defense, $15,000,000, to remain available until 
     September 30, 2002 is hereby appropriated to the Department 
     of Defense: Provided, That the Secretary of Defense shall 
     make a grant in the amount of $15,000,000 to the Citadel for 
     the Padgett Thomas Barracks in Charleston, South Carolina.
       Sec. 8159. 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 and make 
     payments on a multi-year pilot program for leasing general 
     purpose Boeing 767 aircraft and Boeing 737 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 Boeing 767 
     aircraft and four Boeing 737 aircraft for the purposes 
     specified herein.
       Sec. 8160. 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, $2,200,000 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. 8161. From funds made available under Title II of this 
     Act, the Secretary of the Army may make available a grant of 
     $2,100,000 to the Chicago Park District for renovation of the 
     Broadway Armory, a former National Guard facility in the 
     Edgewater community in Chicago.
       Sec. 8162. 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

[[Page H10519]]

     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. 8163. In addition to the amounts appropriated or 
     otherwise made available in this Act, $5,200,000, 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 $5,200,000 to the 
     Armed Forces Retirement Homes.
       Sec. 8164. (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. 8165. Of the amount appropriated by title II for 
     operation and maintenance, Defense-wide, $47,261,000 may be 
     available for the Defense Leadership and Management Program.
       Sec. 8166. Sense of the Congress Regarding Environmental 
     Contamination in the Philippines. It is the sense of the 
     Congress 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. 8167. (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. 8168. 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. 8169. Of the total amount appropriated by this 
     division for ``Operation and Maintenance, Defense-Wide'', 
     $3,500,000 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. 8170. 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. 8171. 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. 8172. (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--
       (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. 8173. None of the funds made available in division A 
     of this Act may be used to provide support or other 
     assistance to the International Criminal court or to any 
     criminal investigation or other prosecutorial activity of the 
     International Criminal Court.

                                TITLE IX

   Counter-Terrorism and Defense Against Weapons of Mass Destruction


                     (INCLUDING TRANSFER OF FUNDS)

         For protection against terrorist attacks that might 
     employ either conventional means or weapons of mass 
     destruction, and to prepare against the consequences of such 
     attacks; to deny unauthorized users the opportunity to 
     modify, steal, inappropriately disclose, or destroy sensitive 
     military data or networks; and to accelerate improvements in 
     information networks and operations, $478,000,000: Provided, 
     That of the amounts made available under this heading, 
     $333,000,000 is available only for improving force protection 
     and chemical and biological defense capabilities of the 
     Department of Defense, and improving capabilities to respond 
     to attacks using weapons of mass destruction: Provided 
     further, That $70,000,000 is available only for improving the 
     effectiveness of Department of Defense capabilities in the 
     areas of information assurance and critical infrastructure 
     protection, and information operations; and $75,000,000 is 
     available only to develop and demonstrate systems to protect 
     against unconventional nuclear threats: Provided further, 
     That in order to carry out the specified purposes under this 
     heading, funds made available under this heading may be 
     transferred to any appropriation account otherwise enacted by 
     this Act: Provided further, That the funds transferred shall 
     be merged with and shall be available for the same purposes 
     and for the same time period as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That within 90 days of enactment of this 
     Act, the Secretary of Defense shall provide to the Congress a 
     report specifying the projects and accounts to which funds 
     provided under this heading are to be transferred.

                  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

[[Page H10520]]

     and expertise, and for defense and military contacts, 
     $403,000,000, to remain available until September 30, 2004: 
     Provided, That of the amounts provided under this heading, 
     $12,750,000 shall be available only to support the 
     dismantling and disposal of nuclear submarines and submarine 
     reactor components in the Russian Far East.
       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'', $40,000,000, 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.

               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'', $105,000,000, 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 to 
     and merged with the Agricultural 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 in the manner and under the formula the 
     Secretary deems necessary to respond to the effects of 
     unemployment and other conditions, 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'', $151,100,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                           INDEPENDENT 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'', $16,900,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

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

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                       USA PATRIOT ACT ACTIVITIES

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Patriot 
     Act Activities'', $5,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38, of which up to $2,000,000 may be available 
     for a feasibility report, as authorized by Section 405 of 
     Public Law 107-56: 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'', $12,500,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


             salaries and expenses, united states attorneys

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses, United States Attorneys'', $56,370,000, 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'', $10,200,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38, of which 
     $5,000,000 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'', $9,125,000, 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'', $745,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                 Immigration and Naturalization Service


                         salaries and expenses

                     enforcement and border affairs

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $449,800,000, 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'', $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, $251,100,000 
     shall be for discretionary grants, including equipment, under 
     the Edward Byrne Memorial State and Local Law Enforcement 
     Assistance Program, to remain available until expended, 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'', $1,000,000, 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,

[[Page H10521]]

     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 expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Public 
     Telecommunications Facilities, Planning and Construction'', 
     $8,250,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38: 
     Provided, That matching requirements set forth in section 
     392(b) of the Communications Act of 1934, as amended, shall 
     not apply to funds provided in this Act.

               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'', $1,500,000, 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'', 
     $5,000,000 for a cyber security initiative, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38.


                  Construction of Research Facilities

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

            National Oceanic and Atmospheric Administration


                  Operations, Research, and Facilities

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

                        Departmental Management


                         salaries and expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Salaries 
     and Expenses'', $4,776,000, 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 Building and Grounds

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Care of 
     the Building 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.

    Courts of Appeals, District Courts, and Other Judicial Services


                         Salaries and Expenses

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


                             Court Security

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

           Administrative Office of the United States Courts


                         Salaries and Expenses

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

                 DEPARTMENT OF STATE AND RELATED AGENCY

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 international broadcasting operations

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``International Broadcasting Operations'', $9,200,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.


                   broadcasting capital improvements

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

                            RELATED AGENCIES

                Equal Employment Opportunity Commission


                         salaries and expenses

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

                   Securities and Exchange Commission


                         salaries and expenses

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

                     Small Business Administration


                     business loans program account

       For emergency expenses for the cost of loan subsidies and 
     for loan modifications as authorized by section 203 of this 
     Act, for disaster recovery activities and assistance related 
     to the terrorist acts in New York, Virginia, and Pennsylvania 
     on September 11, 2001, for ``Business Loans Program 
     Account'', $75,000,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.


                     Disaster Loans Program Account

       For emergency expenses for the cost of loan subsidies and 
     for loan modifications as authorized by section 202 of this 
     Act, for disaster recovery activities and assistance related 
     to the terrorist acts in New York, Virginia, and Pennsylvania 
     on September 11, 2001, for ``Disaster Loans Program 
     Account'', $75,000,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38.

                    GENERAL PROVISIONS--THIS CHAPTER

       Sec. 201. Funds appropriated by this Act for the 
     Broadcasting Board of Governors and the Department of State 
     may be obligated and expended notwithstanding section 313 of 
     the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995, and section 15 of the State Department Basic 
     Authorities Act of 1956, as amended.
       Sec. 202. 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. 203. 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. 204. 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. 205. 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

[[Page H10522]]

     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).''.
       Sec. 206. 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. 207. 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. 208. 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)''.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund


                     (including transfer of funds)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Defense 
     Emergency Response Fund'', $3,395,600,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38, as follows:
       (1) For increased situational awareness, $850,000,000;
       (2) For increased worldwide posture, $1,495,000,000;
       (3) For offensive counterterrorism, $372,000,000;
       (4) For initial crisis response, $39,100,000;
       (5) For the Pentagon Reservation Maintenance Revolving 
     Fund, $475,000,000;
         (6) For relocation costs and other purposes, 
     $164,500,000: Provided, That $500,000 shall be made available 
     only for the White House Commission on the National Moment of 
     Remembrance:
     Provided further, That from funding available under the 
     heading ``Former Soviet Union Threat Reduction'', $30,000,000 
     shall be transferred to ``Department of State, 
     Nonproliferation, Anti-terrorism, Demining, and Related 
     Programs'' only for the purpose of supporting expansion of 
     the Biological Weapons Redirect and International Science and 
     Technology Centers programs, to prevent former Soviet 
     biological weapons experts from emigrating to proliferant 
     states and to reconfigure former Soviet biological weapons 
     production facilities for peaceful uses.

                    GENERAL PROVISIONS--THIS CHAPTER


                     (including transfer of funds)

       Sec. 301. Amounts available in the ``Defense Emergency 
     Response Fund'' (the ``Fund'') shall be available for the 
     purposes set forth in the 2001 Emergency Supplemental 
     Appropriations Act for Recovery from and Response to 
     Terrorist Attacks on the United States (Public Law 107-38): 
     Provided, That the Fund may be used to reimburse other 
     appropriations or funds of the Department of Defense, 
     including activities of the National Foreign Intelligence 
     Program funded in defense appropriations acts, only for costs 
     incurred for such purposes on or after September 11, 2001: 
     Provided further, That the Fund may be used to liquidate 
     obligations incurred by the Department of Defense under the 
     authorities in section 3732 of the Revised Statutes (41 
     U.S.C. 11; popularly known as the ``Food and Forage Act'') 
     for any costs incurred for such purposes between September 11 
     and September 30, 2001: Provided further, That the Secretary 
     of Defense may transfer to the Fund amounts from any current 
     appropriation made available in defense appropriations acts, 
     only for the purpose of adjusting and liquidating obligations 
     properly chargeable to the Fund: Provided further, That the 
     authority granted in the preceding proviso shall only be 
     exercised after the Secretary of Defense makes a 
     determination that amounts in the Fund are insufficient to 
     liquidate obligations made using appropriations in the Fund, 
     and not prior to 30 days after notifying the congressional 
     defense committees in writing regarding each proposed 
     transfer of funds: Provided further, That in order to carry 
     out the specified purposes under this heading, the Secretary 
     of Defense may transfer funds from the Fund to any defense 
     appropriation account enacted in appropriations acts, 
     including ``Support for International Sporting Competitions, 
     Defense'': Provided further, That the funds transferred shall 
     be merged with and shall be available for the same purposes 
     and for the same time period as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That within 30 days of enactment of this 
     Act, and quarterly thereafter, the Secretary of Defense and 
     the Director of Central Intelligence shall each provide to 
     the Congress a report (in unclassified and classified 
     form, as needed) specifying the projects and accounts to 
     which funds provided in this chapter are to be 
     transferred.
       Sec. 302. Amounts in the appropriation account ``Support 
     for International Sporting Competitions, Defense'', may be 
     used to support essential security and safety for the 2002 
     Winter Olympic Games in Salt Lake City, Utah, without the 
     certification required under subsection 10 U.S.C. 2564(a): 
     Provided, That 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).
       Sec. 304. Notwithstanding any other provision of law, of 
     the amounts appropriated in Public Law 107-38 which remained 
     available in the Defense Emergency Response Fund on December 
     18, 2001, not to exceed $100,000,000 may be available for 
     payments to Pakistan and Jordan for logistical and military 
     support provided, or to be provided, to United States 
     military operations in connection with Operation Enduring 
     Freedom: Provided, That such payments may be made in amounts 
     as the Secretary may determine in his discretion, and such 
     determination is final and conclusive upon the accounting 
     officers of the United States.


                     (including transfer of funds)

       Sec. 305. (a) During the current fiscal year, $475,000,000 
     of appropriations provided in this Act shall be transferred 
     to the Pentagon Reservation Maintenance Revolving Fund only 
     to reconstruct the Pentagon Reservation and for related 
     activities as a result of the events of September 11, 2001.
       (b) In addition to the amounts provided in subsection (a) 
     or otherwise appropriated in this Act, out of funds 
     appropriated by Public Law 107-38 but not subject to 
     subsequent enactment, not subject to the restrictions of the 
     fifth proviso of that Act, and not transferred before 
     December 18, 2001, the amount of $300,000,000 is transferred 
     to the Pentagon Reservation Maintenance Revolving Fund only 
     to finance accelerated building renovation activities for 
     military command centers and related activities at the 
     Pentagon Reservation in order to accelerate completion of the 
     currently planned Pentagon renovation project by up to 4 
     years: Provided, That notwithstanding any other provision of 
     law, funds allocated and transferred under this section shall 
     be made available until expended: Provided further, That the 
     cost to accelerate renovation activities for military command 
     centers and related activities at the Pentagon Reservation 
     shall not be included in any cost cap applicable to the 
     Pentagon renovation: Provided further, That the transfer 
     authority provided under this section is in addition to any 
     other transfer authority available to the Department of 
     Defense.


                          (transfer of funds)

       Sec. 306. Notwithstanding any other provision of law or 
     this Act, of the amounts unobligated in all fiscal year 2002 
     appropriations accounts in Titles III and IV of Division A of 
     this Act, up to one and one-half percentum of these funds 
     shall be available for transfer to the Operation and 
     Maintenance accounts of the Department of Defense for such 
     costs incurred in support of Operations Enduring Freedom and 
     Noble Anvil: Provided, That the Secretary of Defense shall 
     notify the Committees on Appropriations of the House and 
     Senate of transfers made pursuant to this section not later 
     than fifteen days after any such transfer is made: Provided 
     further, That the transfer authority provided under this 
     section is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the transfer authority available under this section may 
     be utilized only after all other funds made available to the 
     Department of Defense pursuant to Public Law 107-38 have been 
     obligated: Provided further, That no congressional interest 
     item may be reduced for the purposes of this section: 
     Provided further, That such authority to transfer shall 
     expire on April 30, 2002.
       Sec. 307. During fiscal year 2002 the President, acting by 
     and with the consent of the Senate, is authorized to appoint 
     a commissioned officer of the Armed Forces, in active status, 
     to the office of Deputy Administrator of the National 
     Aeronautics and Space Administration notwithstanding section 
     202(b) of the National Aeronautics and Space Act of 1958 (42 
     U.S.C. 2472(b)). If so appointed, the provisions of section 
     403(c)(3), (4), and (5) of title 50, United States Code shall 
     be applicable while the commissioned officer serves as Deputy 
     Administrator in the same manner and extent as if the officer 
     was serving in a position specified in section 403(c) of 
     title 50 United States Code, except that the officer's 
     military pay and allowances shall be reimbursed from funds 
     available to the National Aeronautics and Space 
     Administration.

                               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.

[[Page H10523]]

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, $45,494,000, 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 
     local, 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, $9,949,000, 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, $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, and 
     $750,000 is for the Division of Transportation.

  Federal Payment to the District of Columbia for Increased Facility 
                                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 is for 
     the public schools, and $7,061,000 is 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, $2,200,000 
     shall be for completion of the fiber optic network project, 
     $15,000,000 shall be for a chemical emergency sensor program, 
     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.

                       DISTRICT OF COLUMBIA FUNDS

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia and shall remain available until 
     September 30, 2003.
       For Protective Clothing and Breathing Apparatus, 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.
       For Specialized Hazardous Materials Equipment, to remain 
     available until September 30, 2003, $1,032,000, for the Fire 
     and Emergency Medical Services Department.
       For Chemical and Biological Weapons Preparedness, 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.
       For Pharmaceuticals for Responders, to remain available 
     until September 30, 2003, $2,100,000, for the Department of 
     Health.
       For Response and Communications capability, 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.
       For search, rescue and other emergency equipment and 
     support, to remain available until September 30, 2003, 
     $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.
       For equipment, supplies and vehicles, to remain available 
     until September 30, 2003, for the Office of the Chief Medical 
     Examiner, $1,780,000.
       For hospital containment facilities, to remain available 
     until September 30, 2003, for the Department of Health, 
     $8,000,000.
       For the Office of the Chief Technology Officer, to remain 
     available until September 30, 2003, $45,494,000 is 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 
     local, 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.
       For emergency traffic management, to remain available until 
     September 30, 2003, $20,700,000 is

[[Page H10524]]

     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.
       For training and planning, to remain available until 
     September 30, 2003, $9,949,000, 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, $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, and 
     $750,000 is for the Division of Transportation.
       For increased facility security, to remain available until 
     September 30, 2003, $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.

                    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, the Chief Financial Officer of the Washington 
     Metropolitan Area Transit Authority and the Executive 
     Director of the Metropolitan Washington Council of 
     Governments 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.
       Sec. 403. Notwithstanding any other provision of law, all 
     amounts under this chapter shall be apportioned quarterly by 
     the Office of Management and Budget: Provided, That all such 
     funds shall be made available no later than September 30, 
     2002.
       Sec. 404. In the Fiscal Year 2002 District of Columbia 
     Appropriations Act under the heading ``Administrative 
     Provisions, Payments for Representation of Indigents'' under 
     subsection (c), strike all after ``March 1, 2002.'' through 
     `` ``3600''. ''.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil


                   Operation and Maintenance, General

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

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      Water and Related Resources

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

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           Weapons Activities

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, and for other 
     expenses to increase the security of the Nation's nuclear 
     weapons complex, for ``Weapons Activities'', $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 increase the security of the Nation's nuclear 
     weapons complex, for ``Defense Nuclear Nonproliferation'', 
     $226,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         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.

                        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.

                           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. 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),''.
       Sec. 504. 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. 505. (a) Occoquan River, Virginia.--The project for 
     navigation, Occoquan Creek, Virginia, authorized by the first 
     section of the Act entitled ``An Act making appropriations 
     for the construction, repair, and preservation of certain 
     public works on rivers and harbors, and for other purposes'', 
     approved September 19, 1890 (26 Stat. 440), is modified to 
     direct the Secretary of the Army--
       (1) to deepen the project to a depth of 9 feet; and
       (2) to widen the project between Channel Marker Number 2 
     and the bridge at United States Route 1 to a width of 200 
     feet.
       (b) Availability of Funds.--Amounts appropriated to carry 
     out the project referred to in subsection (a) by the Energy 
     and Water Development Appropriations Act, 2001 (as enacted 
     into law by Public Law 106-377), shall be made available to 
     carry out the modifications to the project under subsection 
     (a).
       (c) Project Redesignation.--
       (1) In general.--The project referred to in subsection (a) 
     shall be known and designated as the ``project for 
     navigation, Occoquan River, Virginia''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     project referred to in subsection (a) shall be deemed to be a 
     reference to the ``project for navigation, Occoquan River, 
     Virginia''.

                               CHAPTER 6

                     Bilateral Economic Assistance

                  Funds Appropriated to the President

           United States Agency for International Development


                   International Disaster Assistance

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

                               CHAPTER 7

                       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 the ``United 
     States Park Police'',

[[Page H10525]]

     $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: Provided, That notwithstanding any other 
     provision of law, single but separate procurements for the 
     construction of security improvements at the Washington 
     Monument, for security improvements at the Lincoln Memorial, 
     and for security improvements at the Jefferson Memorial, may 
     be issued that include the full scope of each project, except 
     that each solicitation and contract shall contain the clause 
     ``availability of funds'' found at section 52.232.18 of title 
     48, Code of Federal Regulations.

                          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.

                         OTHER 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'' of the Smithsonian Institution, $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'' of the National Gallery of Art, $2,148,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38.

             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'' of the John F. Kennedy Center for the 
     Performing Arts, $4,310,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                  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'' of the National Capital Planning Commission, 
     $758,000, to be obligated from amounts made available in 
     Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 701. (a) In General.--The Secretary of the Smithsonian 
     Institution shall 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. 702. 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.''.

                               CHAPTER 8

                          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.

                        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'', $2,504,314,000, to 
     remain available until expended, to be obligated from amounts 
     made available in Public Law 107-38. Of this amount, 
     $865,000,000 shall be for the Centers for Disease Control and 
     Prevention for improving State and local capacity; 
     $135,000,000 shall be for grants to improve hospital capacity 
     to respond to bioterrorism; $100,000,000 shall be for 
     upgrading capacity at the Centers for Disease Control and 
     Prevention, including research: Provided, That up to 
     $10,000,000 of this amount shall be for the tracking and 
     control of biological pathogens; $85,000,000 shall be for the 
     National Institute of Allergy and Infectious Diseases for 
     bioterrorism-related research and development and other 
     related needs; $70,000,000 shall be for the National 
     Institute of Allergy and Infectious Diseases for the 
     construction of a biosafety laboratory and related 
     infrastructure costs; $593,000,000 shall be for the National 
     Pharmaceutical Stockpile; $512,000,000 shall be for the 
     purchase of smallpox vaccine; $71,000,000 shall be for 
     improving laboratory security at the National Institutes of 
     Health and the Centers for Disease Control and Prevention; 
     $7,500,000 shall be for environmental hazard control 
     activities conducted by the Centers for Disease Control and 
     Prevention; $10,000,000 shall be for the Substance Abuse and 
     Mental Health Services Administration; and $55,814,000 shall 
     be for bioterrorism preparedness and disaster response 
     activities in the Office of the Secretary. At the discretion 
     of the Secretary, these amounts may be transferred between 
     categories subject to normal reprogramming procedures.

                        DEPARTMENT OF EDUCATION


                      SCHOOL IMPROVEMENT PROGRAMS

       For emergency expenses to provide education-related 
     services to local educational agencies in

[[Page H10526]]

     which the learning environment has been disrupted due to a 
     violent or traumatic crisis, for the Project School Emergency 
     Response to Violence program, $10,000,000, to remain 
     available until expended, and to be obligated from amounts 
     made available in Public Law 107-38.

                            RELATED AGENCIES

                     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.

                     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.

                               CHAPTER 9

                           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 ``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 $41,712,000 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 $31,000,000 shall be 
     transferred to ``Capitol Police Board'', ``Capitol Police'', 
     ``General Expenses'': Provided further, That $350,000 shall 
     be transferred to ``Capitol Guide Service and Special 
     Services Office'': Provided further, That $106,304,000 shall 
     be transferred to ``Architect of the Capitol'', ``Capitol 
     Buildings and Grounds'', ``Capitol Buildings'': Provided 
     further, That $29,615,000 shall be transferred to ``Library 
     of Congress'', ``Salaries and Expenses'': Provided further, 
     That $4,000,000 shall be transferred to the ``Government 
     Printing Office'', ``Government Printing Office Revolving 
     Fund'': Provided further, That $7,600,000 shall be 
     transferred to ``General Accounting Office'', ``Salaries and 
     Expenses'': Provided further, That $1,000,000 shall be 
     transferred as a grant to the United States Capitol 
     Historical Society: 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 
     account 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. 901. (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, for the use 
     of the Senate, as appropriate, by lease, purchase, or such 
     other arrangement as the Sergeant at Arms of the Senate 
     considers appropriate (including a memorandum of 
     understanding with the head of an Executive Agency, as 
     defined in section 105 of title 5, United States Code, in the 
     case of a building or facility under the control of such 
     Agency). Actions taken by the Sergeant at Arms of the Senate 
     must be approved by the Committees on Appropriations and 
     Rules and Administration.
       (b) Agreements.--Notwithstanding any other provision of 
     law, for purposes of carrying out subsection (a), the 
     Sergeant at Arms of the Senate may carry out such activities 
     and enter into such agreements related to the use of any 
     building or facility acquired pursuant to such subsection as 
     the Sergeant at Arms of the Senate considers appropriate, 
     including--
       (1) agreements with the United States Capitol Police or any 
     other entity relating to the policing of such building or 
     facility; and
       (2) agreements with the Architect of the Capitol or any 
     other entity relating to the care and maintenance of such 
     building or facility.
       (c) Authority of Capitol Police and Architect.--
       (1) Architect of the capitol.--Notwithstanding any other 
     provision of law, the Architect of the Capitol may take any 
     action necessary to carry out an agreement entered into with 
     the Sergeant at Arms of the Senate pursuant to subsection 
     (b).
       (2) Capitol police.--Section 9 of the Act of July 31, 1946 
     (40 U.S.C. 212a) is amended--
       (A) by striking ``The Capitol Police'' and inserting ``(a) 
     The Capitol Police''; and
       (B) by adding at the end the following new subsection:
       ``(b) For purposes of this section, `the United States 
     Capitol Buildings and Grounds' shall include any building or 
     facility acquired by the Sergeant at Arms of the Senate for 
     the use of the Senate for which the Sergeant at Arms of the 
     Senate has entered into an agreement with the United States 
     Capitol Police for the policing of the building or 
     facility.''.
       (d) Transfer of Certain Funds.--Subject to the approval of 
     the Committee on Appropriations of the Senate, the Architect 
     of the Capitol may transfer to the Sergeant at Arms of the 
     Senate amounts made available to the Architect for necessary 
     expenses for the maintenance, care and operation of the 
     Senate office buildings during a fiscal year in order to 
     cover any portion of the costs incurred by the Sergeant at 
     Arms of the Senate during the year in acquiring a building or 
     facility pursuant to subsection (a).
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to fiscal year 2002 
     and each succeeding fiscal year.
       Sec. 902. (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.

                        HOUSE OF REPRESENTATIVES

                       Administrative Provisions

       Sec. 903. (a) Acquisition of Buildings and Facilities.--
     Notwithstanding any other provision of law, in order to 
     respond to an emergency situation, the Chief Administrative 
     Officer of the House of Representatives may acquire buildings 
     and facilities, for the use of the House of Representatives 
     by lease, purchase, or such other arrangement as the Chief 
     Administrative Officer considers appropriate (including a 
     memorandum of understanding with the head of an Executive 
     Agency, as defined in section 105 of title 5, United States 
     Code, in the case of a building or facility under the control 
     of such Agency), subject to the approval of the House Office 
     Building Commission.
       (b) Agreements.--Notwithstanding any other provision of 
     law, for purposes of carrying out subsection (a), the Chief 
     Administrative Officer may carry out such activities and 
     enter into such agreements related to the use of any building 
     or facility acquired pursuant to such subsection as the Chief 
     Administrative Officer considers appropriate, including--
       (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 Chief Administrative Officer 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 Chief Administrative Officer of the 
     House of Representatives for the use of the House of 
     Representatives for which the Chief Administrative Officer 
     has entered into an agreement with the United States Capitol 
     Police for the policing of the building or facility.''.
       (d) Transfer of Certain Funds.--Subject to the approval of 
     the Committee on Appropriations of the House of 
     Representatives, the Architect of the Capitol may transfer to 
     the Chief Administrative Officer amounts made available to 
     the Architect for necessary expenses for the maintenance, 
     care and operation of the House office buildings during a 
     fiscal year in order to cover any portion of the costs 
     incurred by the Chief Administrative Officer during the year 
     in acquiring a building or facility pursuant to subsection 
     (a).
       (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. 904. (a) Notwithstanding any other provision of law--
       (1) subject to subsection (b), the Chief Administrative 
     Officer of the House of Representatives and the head of an 
     Executive Agency (as defined in section 105 of title 5, 
     United States Code) may enter into a memorandum of 
     understanding under which the Agency may provide facilities, 
     equipment, supplies, personnel, and other support services 
     for the use of the House of Representatives during an 
     emergency situation; and
       (2) the Chief Administrative Officer and the head of the 
     Agency may take any action necessary to carry out the terms 
     of the memorandum of understanding.
       (b) The Chief Administrative Officer of the House of 
     Representatives may not enter into a memorandum of 
     understanding described in subsection (a)(1) without the 
     approval of the Speaker of the House of Representatives.
       (c) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.
       Sec. 905. (a) There is established in the House of 
     Representatives an office to be known as the House of 
     Representatives Office of Emergency Planning, Preparedness, 
     and Operations. The

[[Page H10527]]

     Office shall be responsible for mitigation and preparedness 
     operations, crisis management and response, resource 
     services, and recovery operations.
       (b) The Speaker, in consultation with the minority leader--
       (1) shall provide policy direction for, and oversight of, 
     the Office;
       (2) shall appoint and set the annual rate of pay for 
     employees of the Office, including a Director, who shall be 
     the head of the Office;
       (3) shall exercise, with respect to any employee of the 
     Office, the authority referred to in section 8344(k)(2)(B) of 
     title 5, United States Code, and the authority referred to in 
     section 8468(h)(2)(B) of title 5, United States Code;
       (4) shall approve procurement of services of experts and 
     consultants by the Office or by committees or other entities 
     of the House of Representatives for assignment to the Office; 
     and
       (5) may request the head of any Federal department or 
     agency to detail to the Office, on a reimbursable basis, any 
     of the personnel of the department or agency.
       (c) The day-to-day operations of the Office shall be 
     carried out by the Director, under the supervision of a 
     Board, to be known as the House of Representatives Continuity 
     of Operations Board, comprised of the Clerk, the Sergeant-at-
     Arms, and the Chief Administrative Officer of the House of 
     Representatives. The Clerk shall be the Chairman of the 
     Board.
       (d) Until otherwise provided by law, funds shall be 
     available for the Office from amounts appropriated for the 
     operations of the House of Representatives.
       (e) This section shall take effect on the date of the 
     enactment of this Act and shall apply to fiscal years 
     beginning with fiscal year 2002.
         Sec. 906. (a) As determined by the Sergeant-at-Arms of 
     the House of Representatives, any anthrax-contaminated mail 
     delivered by the United States Postal Service to the House of 
     Representatives shall be destroyed or otherwise disposed of.
         (b) No action taken under this section may serve as a 
     basis for civil or criminal liability of any individual or 
     entity.
         (c) As used in this section, the term ``anthrax-
     contaminated mail'' means any mail matter that, as determined 
     by the Sergeant-at-Arms, by reason of the events of October 
     2001--
         (1) is contaminated by anthrax or any other substance the 
     mailing of which is prohibited by section 1716 of title 18, 
     United States Code, or any other law of the United States; or
         (2) may be so contaminated, but the ascertainment of 
     which is not technically feasible or is otherwise 
     impracticable.
         (d) This section shall apply with respect to fiscal year 
     2002 and each succeeding fiscal year.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

         Sec. 907. (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.  908. (a) The Capitol Police Board may, in order to 
     recruit or retain qualified personnel, establish and maintain 
     a program under which the Capitol Police may agree to repay 
     (by direct payments on behalf of a civilian employee or 
     member of the Capitol Police) all or a portion of any student 
     loan previously taken out by such employee or member.
         (b) The Capitol Police Board may, by regulation, make 
     applicable such provisions of section 5379 of title 5, United 
     States Code, as the Board determines necessary to provide for 
     such program.
         (c) The regulations shall provide that the amount paid by 
     the Capitol Police may not exceed--
         (1) $6,000 for any civilian employee or member of the 
     Capitol Police in any calendar year; or
         (2) a total of $40,000 in the case of any employee or 
     member.
         (d) The Capitol Police may not reimburse a civilian 
     employee or member of the Capitol Police for any repayments 
     made by such employee or member prior to the Capitol Police 
     entering into an agreement under this section with such 
     employee or member.
         (e) Any amount repaid by, or recovered from, an 
     individual under this section and its implementing 
     regulations shall be credited to the appropriation account 
     available for salaries and expenses of the Capitol Police at 
     the time of repayment or recovery. Such credited amount may 
     be used for any authorized purpose of the account and shall 
     remain available until expended.
         (f) This section shall apply to fiscal year 2002 and each 
     fiscal year thereafter.
       Sec. 909. (a) Recruitment and Relocation Bonuses.--
       (1) Authorization of payment.--The Capitol Police Board 
     (hereafter in this section referred to as the ``Board'') may 
     authorize the Chief of the United States Capitol Police 
     (hereafter in this section referred to as the ``Chief'') to 
     pay a bonus to an individual who is newly appointed to a 
     position as an officer or employee of the Capitol Police, and 
     to pay an additional bonus to an individual who must relocate 
     to accept a position as an officer or employee of the Capitol 
     Police, if the Board determines that the Capitol Police would 
     be likely, in the absence of such a bonus, to encounter 
     difficulty in filling the position.
       (2) Amount of payment.--The amount of a bonus under this 
     subsection shall be determined by regulations of the Board, 
     but the amount of any bonus paid to an individual under this 
     subsection may not exceed 25 percent of the annual rate of 
     basic pay of the position to which the individual is being 
     appointed.
       (3) Minimum period of service required.--Payment of a bonus 
     under this subsection shall be contingent upon the individual 
     entering into an agreement with the Capitol Police to 
     complete a period of employment with the Capitol Police, with 
     the required period determined pursuant to regulations of the 
     Board. If the individual voluntarily fails to complete such 
     period of service or is separated from the service before 
     completion of such period of service for cause on charges of 
     misconduct or delinquency, the individual shall repay the 
     bonus on a pro rata basis.
       (4) Bonus not considered part of basic pay.--A bonus under 
     this subsection shall be paid as a lump sum, and may not be 
     considered to be part of the basic pay of the officer or 
     employee.
       (5) Payment permitted prior to commencement of duty.--Under 
     regulations of the Board, a bonus under this subsection may 
     be paid to a newly-hired officer or employee before the 
     officer or employee enters on duty.
       (b) Retention Allowances.--
       (1) Authorization of payment.--The Board may authorize the 
     Chief to pay an allowance to an officer or employee of the 
     United States Capitol Police if--
       (A) the unusually high or unique qualifications of the 
     officer or employee or a special need of the Capitol Police 
     for the officer's or employee's services makes it essential 
     to retain the officer or employee; and
       (B) the Chief determines that the officer or employee would 
     be likely to leave in the absence of a retention allowance.
       (2) Amount of payment.--A retention allowance, which shall 
     be stated as a percentage of the rate of basic pay of the 
     officer or employee, may not exceed 25 percent of such rate 
     of basic pay.
       (3) Payment not considered part of basic pay.--A retention 
     allowance may not be considered to be part of the basic pay 
     of an officer or employee, and the reduction or elimination 
     of a retention allowance may not be appealed. The preceding 
     sentence shall not be construed to extinguish or lessen any 
     right or remedy under any of the laws made applicable to the 
     Capitol Police pursuant to section 102 of the Congressional 
     Accountability Act of 1995 (2 U.S.C. 1302).
       (4) Time and manner of payment.--A retention allowance 
     under this subsection shall be paid at the same time and in 
     the same manner as the officer's or employee's basic pay is 
     paid.
       (c) Lump Sum Incentive and Merit Bonus Payments.--
       (1) In general.--The Board may pay an incentive or merit 
     bonus to an officer or employee of the United States Capitol 
     Police who meets such criteria for receiving the bonus as the 
     Board may establish.
       (2) Bonus not considered part of basic pay.--A bonus under 
     this subsection shall be paid as a lump sum, and may not be 
     considered to be part of the basic pay of the officer or 
     employee.
       (d) Service Step Increases for Meritorious Service for 
     Officers.--Upon the approval of the Chief--
       (1) an officer of the United States Capitol Police in a 
     service step who has demonstrated meritorious service (in 
     accordance with criteria established by the Chief or the 
     Chief's designee) may be advanced in compensation to the next 
     higher service step, effective with the first pay period 
     which begins after the date of the Chief's approval; and
       (2) an officer of the United States Capitol Police in a 
     service step who has demonstrated extraordinary performance 
     (in accordance with criteria established by the Chief or the 
     Chief's designee) may be advanced in compensation to the 
     second next higher service step, effective with the first pay 
     period which begins after the date of the Chief's approval.
       (e) Additional Compensation for Field Training Officers.--
       (1) In general.--Each officer of the United States Capitol 
     Police who is assigned to duty as a field training officer 
     shall receive, in addition to the officer's scheduled rate of 
     compensation, an additional amount determined by the Board 
     (but not to exceed $2,000 per annum).
       (2) Manner of payment.--The additional compensation 
     authorized by this subsection shall be paid to the officer in 
     the same manner as the officer is paid basic compensation, 
     except that when the officer ceases to be assigned to duty as 
     a field training officer, the loss of such additional 
     compensation shall not constitute an adverse action for any 
     purpose.
       (f) Regulations.--
       (1) In General.--The payment of bonuses, allowances, step 
     increases, compensation, and other payments pursuant to this 
     section shall be carried out in accordance with regulations 
     prescribed by the Board.
       (2) Approval.--The regulations prescribed pursuant to this 
     subsection shall be subject to the approval of the Committee 
     on Rules and Administration of the Senate, Committee on House 
     Administration of the House of Representatives, and the 
     Committees on Appropriations of the Senate and the House of 
     Representatives.
       (h) Effective Date.--This section shall apply with respect 
     to fiscal year 2002 and each succeeding fiscal year.
       Sec. 910. In addition to the authority provided under 
     section 121 of the Legislative Branch Appropriations Act, 
     2002, at any time on or after the date of the enactment of 
     this Act, the Capitol Police Board may accept contributions 
     of comfort and other incidental items and services

[[Page H10528]]

     to support officers and employees of the United States 
     Capitol Police while such officers and employees are on duty 
     in response to emergencies involving the safety of human life 
     or the protection of property.
         Sec. 911. Assistance by Executive Departments and 
     Agencies to the Capitol Police. (a) Assistance.--
       (1) In general.--Executive departments and Executive 
     agencies may assist the United States Capitol Police in the 
     performance of its duties by providing services (including 
     personnel), equipment, and facilities on a temporary and 
     reimbursable basis when requested by the Capitol Police Board 
     and on a permanent and reimbursable basis upon advance 
     written request of the Capitol Police Board; except that the 
     Department of Defense and the Coast Guard may provide such 
     assistance on a temporary basis without reimbursement when 
     assisting the United States Capitol Police in its duties 
     directly related to protection under the Act of July 31, 1946 
     (40 U.S.C. 212a-2). Before making a request under this 
     paragraph, the Capitol Police Board shall consult with 
     appropriate Members of the Senate and House of 
     Representatives in leadership positions, except in an 
     emergency.
       (2) Procurement.--No services (including personnel), 
     equipment, or facilities may be ordered, purchased, leased, 
     or otherwise procured for the purposes of carrying out the 
     duties of the United States Capitol Police by persons other 
     than officers or employees of the Federal Government duly 
     authorized by the Chairman of the Capitol Police Board to 
     make such orders, purchases, leases, or procurements.
       (3) Expenditures or obligation of funds.--No funds may be 
     expended or obligated for the purpose of carrying out this 
     section other than funds specifically appropriated to the 
     Capitol Police Board or the United States Capitol Police for 
     those purposes with the exception of--
       (A) expenditures made by the Department of Defense or the 
     Coast Guard from funds appropriated to the Department of 
     Defense or the Coast Guard in providing assistance on a 
     temporary basis to the United States Capitol Police in the 
     performance of its duties directly related to protection 
     under the Act of July 31, 1946 (40 U.S.C. 212a-2); and
       (B) expenditures made by Executive departments and 
     agencies, in providing assistance at the request of the 
     United States Capitol Police in the performance of its 
     duties, and which will be reimbursed by the United States 
     Capitol Police under this section.
       (4) Provision of assistance.--Assistance under this section 
     shall be provided--
       (A) 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);
       (B) upon the advance written request of--
       (i) the Capitol Police Board; or
       (ii) in an emergency--

       (I) the Sergeant at Arms and Doorkeeper of the Senate in 
     any matter relating to the Senate; or
       (II) the Sergeant at Arms of the House of Representatives 
     in any matter relating to the House of Representatives; and

       (C)(i) on a temporary and reimbursable basis;
       (ii) on a permanent reimbursable basis upon advance written 
     request of the Capitol Police Board; or
       (iii) on a temporary basis without reimbursement by the 
     Department of Defense and the Coast Guard as described under 
     paragraph (1).
       (b) Reports.--
       (1) Submission.--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 on November 1 of the following 
     fiscal year to the Chairman of the Capitol Police Board.
       (2) Content.--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.--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.
       (c) Effective Date.--This section shall take effect on the 
     date of enactment of this Act and apply to each fiscal year 
     occurring after such date.
       Sec. 912. (a)(1) In the event of an emergency, as 
     determined by the Capitol Police Board, or of a joint session 
     of Congress, the Chief of the Capitol Police may enter into 
     agreements--
       (A) with the District of Columbia to deputize members of 
     the District of Columbia National Guard, who are qualified 
     for law enforcement functions, for duty with the Capitol 
     Police for the purpose of policing the Capitol grounds; and
       (B) with any appropriate governmental law enforcement 
     authority to deputize law enforcement officers for duty with 
     the Capitol Police for the purpose of policing the Capitol 
     grounds.
       (2) Any agreement under paragraph (1) shall be subject to 
     initial approval by the Capitol Police Board and to final 
     approval by the Speaker of the House of Representatives (in 
     consultation with the Minority Leader of the House of 
     Representatives) and the President pro tempore of the Senate 
     (in consultation with the Minority Leader of the Senate) 
     acting jointly.
       (b) Subject to approval by the Speaker of the House of 
     Representatives (in consultation with the Minority Leader of 
     the House of Representatives) and the President pro tempore 
     of the Senate (in consultation with the minority leader of 
     the Senate) acting jointly, the Capitol Police Board shall 
     prescribe regulations to carry out this section.
       (C) This section shall expire on September 30, 2002.
       Sec. 913. (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.
       Sec. 914. (a) In accordance with the authority described in 
     section 308(a) of the Legislative Branch Appropriations Act, 
     1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative 
     Branch Appropriations Act, 1991 (40 U.S.C. 166b-3b), as 
     amended by section 129(c)(1) of the Legislative Branch 
     Appropriations Act, 2002, is amended by adding at the end the 
     following new subsection:
       ``(c) The Architect of the Capitol may fix the rate of 
     basic pay for not more than 4 positions for Executive Project 
     Directors whose salary is payable from project funds, at a 
     rate not to exceed 95 percent of the highest total rate of 
     pay for the Senior Executive Service under subchapter VIII of 
     chapter 53 of title 5, United States Code, for the locality 
     involved.''.
       (b) The amendment made by subsection (a) shall apply with 
     respect to pay periods beginning on or after October 1, 2001.
       Sec. 915. (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. 916. Section 102 of the Legislative Branch 
     Appropriations Act, 2002 (Public Law 107-68) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     redesignating paragraphs (2) through (6) as paragraphs (1) 
     through (5), respectively;
       (2) in subsection (g)(1)--
       (A) in subparagraph (A), by striking ``subsection 
     (i)(1)(A)'' and inserting ``subsection (h)(1)(A)''; and
       (B) in subparagraph (B), by striking ``subsection 
     (i)(1)(B)'' and inserting ``subsection (h)(1)(B)''.
       Sec. 917. (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. 918. (a) Section 133(a) of the Legislative Branch 
     Appropriations Act, 2002 (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, 2002 (Public Law 107-68).

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United

[[Page H10529]]

     States, for ``Military Construction, Army'', $20,700,000, to 
     remain available until expended: Provided, That these funds 
     shall be obligated from amounts made available in Public Law 
     107-38.

                      Military Construction, Navy

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Navy'', $2,000,000, to remain available until 
     expended: Provided, That these funds shall be obligated from 
     amounts made available in Public Law 107-38.

                    Military Construction, Air Force

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Military 
     Construction, Air Force'', $46,700,000, to remain available 
     until expended: Provided, That these funds shall be obligated 
     from amounts made available in Public Law 107-38.

                  Military Construction, Defense-Wide


                     (Including transfer of funds)

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

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 1001. (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 of the following:
       (1) The determination to use such amounts for the project.
       (2) The estimated cost of the project and the accompanying 
     Form 1391.
       (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. 1002. Section 138 of Public Law 106-246 is amended by 
     striking ``$77,500,000'' and inserting in lieu ``$102,000,000 
     for project completion''.
       Sec. 1003. Section 2202(a) of the National Defense 
     Authorization Act for Fiscal Year 2002 is amended in the 
     ``Navy: Family Housing'' table, by striking ``Naval 
     Construction Battalion Center, Gulfport'' and inserting 
     ``Naval Station, Pascagoula''.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                 Transportation Security Administration

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for the 
     ``Transportation Security Administration'', $94,800,000, to 
     remain available until September 30, 2003, to be obligated 
     from amounts made available in Public Law 107-38: Provided, 
     That $93,300,000 shall be for the Under Secretary of 
     Transportation for Security to award competitive grants to 
     critical national seaports to finance the costs of enhancing 
     facility and operational security: Provided further, That 
     such grants shall be awarded based on the need for security 
     assessments and enhancements as determined by the Under 
     Secretary of Transportation for Security, the Administrator 
     of the Maritime Administration, and the Commandant of the 
     U.S. Coast Guard: Provided further, That such grants shall 
     not supplant funding already provided either by the ports or 
     by any Federal entity: Provided further, That no more than 
     $1,000,000 of the grant funds available under this heading 
     shall be used for administration.


                        Payments to Air Carriers

                    (airport and airway trust fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, in addition to 
     funds made available from any other source to carry out the 
     essential air service program under 49 U.S.C. 41731 through 
     41742, to be derived from the Airport and Airway Trust Fund, 
     $50,000,000, to remain available until expended, to be 
     obligated from amounts made available in Public Law 107-38.

                              Coast Guard


                           Operating Expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Operating 
     Expenses'', $209,150,000, 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'', $200,000,000, to be derived from the Airport 
     and Airway Trust Fund and to remain available until September 
     30, 2003, to be obligated from amounts made available in 
     Public Law 107-38.


                        Facilities and Equipment

                    (airport and airway trust fund)

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Facilities and Equipment'', $108,500,000, to be derived 
     from the Airport and Airway Trust Fund, to remain available 
     until September 30, 2004, and 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 remain available 
     until September 30, 2003, and 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, $175,000,000, 
     to be derived from the Airport and Airway Trust Fund, to 
     remain available until expended, and to be obligated from 
     amounts made available in Public Law 107-38.

                     Federal Highway Administration


                      Miscellaneous Appropriations

                          (highway trust fund)

       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 ferries and ferry facilities, $100,000,000, 
     to be derived from the Highway Trust Fund, to remain 
     available until expended, and 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 the 
     ``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 remain available until 
     expended, and 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,'' $2,500,000, 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'', $1,300,000, 
     to remain available until September 30, 2003, 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,'' $650,000, to remain available until September 
     30, 2003, to be obligated from amounts made available in 
     Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 1101. Section 5117(b)(3) of the Transportation Equity 
     Act for the 21st Century (Public

[[Page H10530]]

     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. 1102. 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.
       Sec. 1103. (a) Notwithstanding any other provision of law, 
     of the funds authorized under section 110 of title 23, United 
     States Code, for fiscal year 2002, no funds shall be 
     available for the program authorized under section 
     1101(a)(11) of Public Law 105-178 and $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. 1104. Notwithstanding any other provision of law, of 
     the amounts appropriated 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. 1105. 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. 1106. The Department of Transportation and Related 
     Agencies Appropriations Act, 2002 is amended in section 330 
     by striking ``$144,000,000'' and inserting ``$148,300,000'' 
     and in section 349 by striking ``$5,000,000'' and inserting 
     ``$9,300,000'' and by striking ``$120,323,000'' and inserting 
     ``$116,023,000''.
       Sec. 1107. Notwithstanding any other provision of law, none 
     of the funds in the Department of Transportation and Related 
     Agencies Appropriations Act, 2002 shall be available for 
     salaries and expenses of more than 102 political and 
     Presidential appointees in the Department of Transportation: 
     Provided, That none of the funds in this Act, or any other 
     Appropriations Act for fiscal year 2002, shall be available 
     for the position of Under Secretary of Transportation for 
     Policy or the position of Assistant Secretary for Public 
     Affairs.
       Sec. 1108. Section 1511(b) of the Transportation Equity Act 
     for the 21st Century (Public Law 105-178), as amended, is 
     amended by striking ``Rhode Island'' and inserting in lieu 
     thereof ``Rhode Island, and Texas'' and by inserting before 
     the period in subsection (b)(1)(A)'', provided that Texas may 
     not compete for funds previously allocated or appropriated to 
     any other state''.

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

           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'', $23,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.


      acquisition, construction, improvements and related expenses

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for 
     ``Acquisition, Construction, Improvements, and Related 
     Expenses'', $8,500,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38: Provided, That, in order to expedite the acquisition 
     of architectural and engineering services for the 
     construction of facilities at the Cheltenham, Maryland, 
     training facility, the Federal Law Enforcement Training 
     Center may procure such services without regard to: (1) the 
     competition requirements of section 303 of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     253); (2) the 6 percent fee limitation on such services set 
     forth in section 304(b) of such Act (41 U.S.C. 254(b)); and 
     (3) the procurement notice requirements of section 18 of the 
     Office of Federal Procurement Policy Act (41 U.S.C. 416).

                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, of which $5,200,000 may be used for 
     necessary expenses of site acquisition, construction, 
     operations, maintenance and repair of the special purpose 
     canine training facilities in Front Royal, Virginia.

                     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'', to meet requirements, including technology, 
     along the Northern Border, Southwest Border, and at critical 
     seaports, $392,603,000, to remain available until expended, 
     to be obligated from amounts made available in Public Law 
     107-38: Provided, That of such amount, $245,503,000 shall not 
     be available for obligation until 15 days after the United 
     States Customs Service submits to the Committees on 
     Appropriations and the Secretary of the Treasury a financial 
     plan based upon a comprehensive assessment of the most 
     effective uses of the Service's resources, including the 
     funds provided in this Act, for protection along the Northern 
     Border, Southwest Border, and at critical seaports: Provided 
     further, That the Secretary of the Treasury is directed to 
     review the activities proposed to be carried out with the 
     funds subject to the previous proviso and notify the 
     Committees on Appropriations of the findings of his review 
     within 15 days of receipt of such plan.


  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'', $12,990,000, 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.

[[Page H10531]]

                          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: Provided, That of these amounts 
     $13,548,000 is for a backup computer recovery system to be 
     designed and constructed in close coordination with the 
     business systems modernization effort of the Internal Revenue 
     Service.

                      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.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

       For emergency expenses to the Postal Service Fund to enable 
     the Postal Service to protect postal employees and postal 
     customers from exposure to biohazardous material, to sanitize 
     and screen the mail, 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, $500,000,000, 
     to remain available until expended, to be obligated from 
     amounts made available in Public Law 107-38: Provided, That 
     of the amounts appropriated, no funds shall be obligated for 
     the purpose of sanitizing and screening the mail until the 
     Postal Service submits to the Committees on Appropriations, 
     the House Committee on Government Reform, and the Senate 
     Committee on Governmental Affairs an emergency preparedness 
     plan to combat the threat of biological and chemical 
     substances in the mail, including a plan for expenditure of 
     funds in support of the emergency preparedness plan.

                   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'', $126,512,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                          INDEPENDENT AGENCIES

                    General Services Administration


                        REAL PROPERTY ACTIVITIES

                         Federal Buildings Fund

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Federal 
     Buildings Fund'', $126,512,000, 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'', $1,600,000, 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'', $1,000,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.

                    GENERAL PROVISION, THIS CHAPTER

       Sec. 1201. Section 652(c)(1) of Public Law 107-67 is 
     amended by striking ``Section 414(c)'' and inserting 
     ``Section 416(c)''.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       general operating expenses

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

              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 the State of New York, in 
     conjunction with the City of New York, shall, through the 
     Lower Manhattan Redevelopment Corporation (``the 
     corporation''): (1) distribute the funds provided for the 
     ``Community Development Fund''; (2) within 45 days of 
     enactment of this Act, 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 
     (3) begin processing such applications: Provided further, 
     That the corporation shall expeditiously respond to any 
     application from an individual, nonprofit or small business 
     for economic losses under this heading: Provided further, 
     that of the total amount made available for the ``Community 
     Development Fund'', including amounts previously made 
     available by transfer pursuant to the fifth proviso of Public 
     Law 107-38, 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: Provided further, That amounts 
     made available in the previous proviso shall only be 
     available for individuals, nonprofits or small businesses 
     located in New York City in the area located on or south of 
     West 14th Street (west of its intersection with 5th Avenue), 
     or on or south of East 14th Street (east of its intersection 
     with 5th Street): Provided further, That, of the amount 
     provided in this paragraph, $10,000,000 shall be used for a 
     program to aid the travel and tourism industry in New York 
     City.

                     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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     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 
     under current authorities, worker training, research, and 
     education activities, $10,500,000, to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38.
         Public Law 107-73 is amended under this heading by adding 
     ``and section 126(g) of the Superfund Amendments and 
     Reauthorization Act of 1986,'' after the words, ``as 
     amended,''.

                    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'', $90,308,000, 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'', $39,000,000, 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.
         The referenced statement of the managers under this 
     heading in Public Law 107-73 is deemed to be amended by 
     striking ``Florida Department of Environmental Protection'' 
     in reference to item number 92, and inserting ``Southwest 
     Florida Water Management District''; and by striking 
     ``Southeast'' in reference to item number 9, and inserting 
     ``Southwest''.
       The referenced statement of the managers under this heading 
     in Public Law 106-377 is deemed to be amended by striking 
     ``repairs to water and sewer lines'' in reference to item 
     number 171 and inserting ``water and waterwater 
     infrastructure improvements''.

                  Federal Emergency Management Agency


                            disaster relief

       For emergency expenses to respond to the September 11, 
     2001, terrorist attacks on the United States, for ``Disaster 
     relief'', $4,356,871,000, 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'', $25,000,000 to remain available until 
     expended, to be obligated from amounts made available in 
     Public Law 107-38 of which not less than $10,000,000 shall be 
     used to enhance the capabilities of the National Security 
     Division.


              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, for ``Emergency 
     management planning and assistance'', $10,000,000, to remain 
     available until expended, to be obligated from amounts made 
     available in Public Law 107-38, which shall be available for 
     support of the 2002 Winter Olympics.
       For an additional amount 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'', $210,000,000, to remain available until 
     September 30, 2003, for programs as authorized by section 33 
     of the Federal Fire Prevention and

[[Page H10532]]

     Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), as 
     in effect on December 7, 2001, to be obligated from amounts 
     made available in Public Law 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'', $76,000,000, 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'', $32,500,000, 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. 1301.(a) This section may be cited as the ``Unity in 
     the Spirit of America Act'' or the ``USA Act''.
       (b) 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 March 1, 2002, 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 may name 
     projects in honor of victims 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), 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 the Spirit of 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. 1302. 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.
       Sec. 1303. Of the amounts made available under both the 
     heading ``Housing Certificate Fund'' and the heading 
     ``Salaries and expenses'' in title II of Public Law 107-73, 
     not to exceed $11,300,000 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 notwithstanding any other provision of 
     law, for new obligations for such technical assistance: 
     Provided, That of the $11,300,000 made available, up to 
     $1,300,000 shall be for reimbursement of vouchers submitted 
     by section 514 grantees as of October 15, 2001: Provided 
     further, That of the total amount provided under the heading 
     ``Salaries and expenses'' in title II of Public Law 107-73, 
     $500,000 shall be made available from salaries and expenses 
     allocated to the Office of General Counsel and $1,000,000 
     shall be made available from salaries and expenses allocated 
     to the Office of Multifamily Housing Assistance Restructuring 
     in the Department of Housing and Urban Development for new 
     obligations for the provision of technical assistance 
     authorized under section 514: Provided further, That of the 
     $11,300,000 provided under this section, 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 section, 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 shall be available for carryover from any previous 
     year: Provided further, That the recordation and liquidation 
     of obligations and deficiencies under this heading shall not 
     pardon or release an officer or employee of the United States 
     Government for an act or acts in violation of the Anti-
     deficiency Act (31 U.S.C. 1341): Provided further, That 
     the Secretary shall implement the provisions under this 
     section in a manner that does not accelerate outlays.
       Sec. 1304. The referenced statement of the managers 
     pertaining to economic development initiatives under the 
     heading ``Community Development Fund'' in Public Law 107-73 
     is deemed to be amended by striking ``Willacacy County Boys 
     and Girls Club in Willacacy County, Texas'' in reference to 
     an appropriation for the Willacy County Boys and Girls Club, 
     and inserting ``Willacy County Boys and Girls Club in Willacy 
     County, Texas''; by striking ``Acres Home Community 
     Development Corporation'' in reference to an appropriation in 
     Houston, Texas, and inserting ``Old Acres Homes Citizens 
     Council''; and by striking ``$250,000 to the Good Shepard 
     School in Braddock, Pennsylvania for facility renovation;'' 
     in reference to an appropriation in Braddock, Pennsylvania, 
     and inserting ``$250,000 for facility renovation, of which 
     $50,000 is for the Good Shepard School in Braddock, 
     Pennsylvania and $200,000 is for the Phipps Conservatory and 
     Botanical Gardens in Pittsburgh, Pennsylvania;''.

                               CHAPTER 14

                   GENERAL PROVISIONS, THIS DIVISION

       Sec. 1401. Amounts which may be obligated pursuant to this 
     division are subject to the terms and conditions provided in 
     Public Law 107-38.
       Sec. 1402. No part of any appropriation contained in this 
     division shall remain available for obligation beyond the 
     current fiscal year unless expressly so provided herein.
       Sec. 1403. Notwithstanding any other provision of law, of 
     the funds made available in this or any other Act, funds may 
     be transferred to the Department of Defense from an agency 
     receiving National Guard services related to homeland 
     security to cover the costs of such services that the agency 
     incurred after the date of enactment of this Act: Provided, 
     That such authority to transfer shall expire on April 30, 
     2002: Provided further, That each agency receiving National 
     Guard services related to homeland security shall submit to 
     the House and Senate Committees on Appropriations a detailed 
     report of the National Guard's homeland defense activities 
     and expenses incurred after the date of enactment of this Act 
     and planned for the remainder of fiscal year 2002 for that 
     agency and any proposed transfers fifteen days prior to such 
     transfers pursuant to this authority.
       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--
       (1) by striking subparagraph (A) and inserting the 
     following:
       ``(A) for the discretionary category: $681,441,000,000 in 
     new budget authority and $670,206,000,000 in outlays;'';
       (2) in subparagraph (C), by striking the second ``and'' 
     after the semicolon; and
       (3) in subparagraph (D), by striking ``$1,232,000,000'' and 
     inserting ``$1,473,000,000''.
       (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

[[Page H10533]]

       (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 0.12 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.
       Sec. 103. When the President submits a budget of the United 
     States Government under section 1105(a) of title 31, United 
     States Code, for fiscal year 2003, he shall submit a report 
     to the Congress that identifies any emergency-designated 
     funding (pursuant to section 251(b)(2)(A) or section 252(e) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985) in legislation enacted after September 11, 2001, and 
     before such submission in response to the events of September 
     11, 2001, that is of an ongoing and recurring nature.
       Sec. 104. (a) Adjustments made to the section 302(a) 
     allocations pursuant to section 101(b) shall be deemed to be 
     allocations set forth in the joint explanatory statement of 
     managers accompanying the concurrent resolution on the budget 
     for fiscal year 2002 for all purposes under titles III and IV 
     of the Congressional Budget Act of 1974.
       (b) Repealer.--Section 221(d)(2) of the concurrent 
     resolution on the budget for fiscal year 2002 (H. Con. Res. 
     83, 107th Congress, 1st session) is repealed.

                  DIVISION D--MISCELLANEOUS PROVISIONS

                 TITLE I--CONVEYANCE OF HOMESTAKE MINE

     SEC. 101. SHORT TITLE.

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

     SEC. 102. FINDINGS.

       Congress finds the following:
       (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.
       (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.

     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 
     quitclaim 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.--The Administrator's acceptance of the 
     final report or certification of the independent entity under 
     paragraph (4) is a condition precedent of the conveyance and 
     of the assumption of liability by the United States in 
     accordance with this title.
       (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, the Administrator, in 
     consultation with Homestake, the South Dakota Department of 
     Environment and Natural Resources, and the independent 
     entity, shall define the methodology and standards to be 
     used, and other factors to be considered, by the independent 
     entity in--

[[Page H10534]]

       (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.
       (C) Participation by homestake.--Nothing in this paragraph 
     requires Homestake to participate in the conduct 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 if the report discloses 1 or more conditions 
     that--
       (i) as determined by the Administrator, may present an 
     imminent and substantial endangerment to the public health or 
     the environment and require a response action; or
       (ii) otherwise make the conveyance in section 104, or the 
     assumption of liability, the release of liability, or the 
     indemnification in section 106 contrary to the public 
     interest.
       (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 be the fair market value as 
     determined by an appraisal in conformance with the Uniform 
     Appraisal Standards for Federal Land Acquisition. To the 
     extent appraised items only have value to the Federal 
     Government for the purpose of constructing the laboratory, 
     the appraiser shall also add to the assessment of fair value 
     the estimated cost 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, notwithstanding 
     that the act or omission giving rise to the claim was not 
     committed by an employee of the United States; 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 
     title, the United States waives any claim to sovereign 
     immunity with respect to any claim of Homestake or the State 
     under this title.
       (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 Certain 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 claims relating to environmental 
     response costs or natural resource damages; or
       (3) any violation of any provision of criminal law.
       (g) Exception for Off-Site Environmental Claims.--Nothing 
     in this title constitutes an assumption of liability by the 
     United States, relief of liability for Homestake, or 
     obligation to indemnify Homestake, for 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 is 
     based on activities or events at 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--

[[Page H10535]]

       (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;
       (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 approval by the 
     National Science Board and the making of an award by the 
     National Science Foundation for the establishment of the 
     laboratory at the Mine.

     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. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 116. CONGRESSIONAL BUDGET ACT.

       Notwithstanding Rule 3 of the Budget Scorekeeping 
     Guidelines set forth in the joint explanatory statement of 
     the committee of conference accompanying Conference Report 
     105-217, the provisions of this title that would have been 
     estimated by the Office of Management and Budget as changing 
     direct spending or receipts under section 252 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 were it 
     included in an Act other than an appropriations Act shall be 
     treated as direct spending or receipts legislation, as 
     appropriate, under section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, and by the Chairmen of 
     the House and Senate Budget Committees, as appropriate, under 
     the Congressional Budget act.

               TITLE II--GENERAL PROVISION, 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;

[[Page H10536]]

       ``(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.
       This Act may be cited as the ``Department of Defense and 
     Emergency Supplemental Appropriations for Recovery from and 
     Response to Terrorist Attacks on the United States Act, 
     2002''.
       And the Senate agree to the same.

     For consideration of Division A of the House bill and 
     Division A of the Senate amendment, and modifications 
     committed to conference:
     Jerry Lewis,
     Bill Young,
     Joe Skeen,
     Dave Hobson,
     Henry Bonilla,
     George R. Nethercutt, Jr.,
     Randy ``Duke'' Cunningham,
     Rodney P. Frelinghuysen,
     Todd Tiahrt,
     John P. Murtha,
     Norman D. Dicks,
     Martin Olav Sabo,
     Peter J. Visclosky,
     James P. Moran,
     David R. Obey,
       (except for aircraft leasing),
     For consideration of all other matters of the House bill and 
     other matters of the Senate amendment, and modifications 
     committed to conference:
     Bill Young,
     Jerry Lewis,
     David Obey,
                                Managers on the Part of the House.

     Daniel K. Inouye,
     Ernest F. Hollings,
     Robert C. Byrd,
     Patrick J. Leahy,
     Tom Harkin,
     Byron L. Dorgan,
     Richard J. Durbin,
     Harry Reid,
     Dianne Feinstein,
     Herb Kohl,
     Ted Stevens,
     Thad Cochran,
     Arlen Spector,
     Pete Domenici,
     Christopher Bond,
     Mitch McConnel,
     Ricahrd C. Shelby,
     Judd Gregg,
     Kay Bailey Hutchison, Managers on the Part of the Senate.

                      JOINT EXPLANATORY STATEMENT

       The managers on the part of the House and the Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. 3338), making 
     appropriations for the Department of Defense for the fiscal 
     year ending September 30, 2002, and for other purposes, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effect of the action agreed upon 
     by the managers and recommended in the accompanying 
     conference report.
       The conference agreement on the Department of Defense 
     Appropriations Act, 2002, incorporates some of the provisions 
     of both the House and Senate versions of the bill. The 
     language and allocations set forth in House Report 107-298 
     and Senate Report 107-109 should be complied with unless 
     specifically addressed in the accompanying bill and statement 
     of the managers to the contrary.
       Senate Amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.

              Definition of Program, Project, and Activity

       The conferees agree that for the purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177) as amended by the Balanced Budget and Emergency 
     Deficit Control Reaffirmation Act of 1987 (Public Law 100-
     119) and by the Budget Enforcement Act of 1990 (Public Law 
     101-508), the term program, project, and activity for 
     appropriations contained in this Act shall be defined as the 
     most specific level of budget items identified in the 
     Department of Defense Appropriations Act, 2002, the 
     accompanying House and Senate Committee reports, the 
     conference report and accompanying joint explanatory 
     statement of the managers of the Committee of Conference, the 
     related classified annexes and reports, and the P-1 and R-1 
     budget justification documents as subsequently modified by 
     Congressional action. The following exception to the above 
     definition shall apply:
       For the Military Personnel and the Operation and 
     Maintenance accounts, the term ``program, project, and 
     activity'' is defined as the appropriations accounts 
     contained in the Department of Defense Appropriations Act. At 
     the time the President submits his budget for fiscal year 
     2003, the conferees direct the Department of Defense to 
     transmit to the congressional defense committees budget 
     justification documents to be known as the ``M-1'' and ``O-
     1'' which shall identify, at the budget activity, activity 
     group, and subactivity group level, the amount requested by 
     the President to be appropriated to the Department of Defense 
     for operation and maintenance in any budget request, or 
     amended budget request, for fiscal year 2003.

                      TITLE I--MILITARY PERSONNEL

       The conferees agree to the following amounts for the 
     Military Personnel accounts:

[[Page H10537]]


                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                             Budget         House        Senate      Conference
----------------------------------------------------------------------------------------------------------------
Active Personnel:
    Army................................................    23,626,684    23,336,884    23,446,734    23,752,384
    Navy................................................    19,606,984    19,574,184    19,465,964    19,551,484
    Marine Corps........................................     7,365,040     7,343,640     7,335,370     7,345,340
    Air Force...........................................    20,151,514    19,784,614    20,032,704    19,724,014
Reserve Personnel:
    Army................................................     2,604,197     2,629,197     2,670,197     2,670,197
    Navy................................................     1,643,523     1,644,823     1,650,523     1,654,523
    Marine Corps........................................       463,300       466,800       466,300       471,200
    Air Force...........................................     1,055,160     1,055,160     1,061,160     1,061,160
National Guard Personnel:
    Army................................................     4,014,135     4,004,225     4,052,695     4,041,695
    Air Force...........................................     1,776,744     1,777,654     1,783,744     1,784,654
                                                         -------------------------------------------------------
      Total, Military Personnel.........................    82,307,281    81,617,291    81,965,391    82,056,651
----------------------------------------------------------------------------------------------------------------

                    Personnel Underexecution Savings

       The conferees recommend a total reduction of $313,200,000, 
     instead of $324,200,000 as proposed by the House, to the 
     Active Military Personnel accounts due to lower than budgeted 
     fiscal year 2001 end strengths, and differences in the actual 
     grade mix of officers and enlisted recommended in the budget 
     request. The General Accounting Office estimates that the 
     active components will have fewer personnel on board to begin 
     fiscal year 2002, and as a result, the fiscal year 2002 pay 
     and allowances requirements for personnel are incorrect and 
     the budgets overstated.

                   Permanent Change of Station Moves

       The conferees recommend a total reduction of $180,000,000, 
     instead of $317,000,000 as proposed by the Senate to the 
     active Military Personnel accounts for permanent change of 
     station (PCS) moves. The conferees direct the Secretary of 
     Defense to develop a comprehensive plan to reduce the 
     quantity of PCS moves by 25 percent by the end of fiscal year 
     2004, and to report to the congressional defense committees 
     on that plan no later than May 1, 2002.

                        Force Structure Changes

       The conferees recommend a total of $88,500,000 in the 
     Military Personnel and Operation and Maintenance accounts for 
     force structure that was not included in the budget request, 
     as follows:

                        [In thousands of dollars]
------------------------------------------------------------------------
                                   Milpers     O&M      Proc.     Total
------------------------------------------------------------------------
Air Force B-52 aircraft.........     2,300    26,000    14,300    42,600
Army Reserve Full-Time Support..    10,000  ........  ........    10,000
Army National Guard Full-Time       24,700    11,200  ........    35,900
 Support........................
------------------------------------------------------------------------


                                               Active End Strength
                                               [Fiscal year 2002]
----------------------------------------------------------------------------------------------------------------
                                                                                                  Conference vs.
                                                                    Budget         Conference         budget
----------------------------------------------------------------------------------------------------------------
Army.........................................................          480,000          480,000  ...............
Navy.........................................................          376,000          376,000  ...............
Marine Corps.................................................          172,600          172,600  ...............
Air Force....................................................          358,800          358,800  ...............
                                                              --------------------------------------------------
      Total, Active Personnel................................        1,387,400        1,387,400  ...............
----------------------------------------------------------------------------------------------------------------


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[[Page H10577]]

                          ARMY REORGANIZATION

       The conferees commend the Secretary of the Army for 
     undertaking a comprehensive review of Army requirements 
     generation, acquisition, resource management, and 
     Departmental headquarters functions and systems. The Center 
     for Naval Analyses study required by the conferees in fiscal 
     year 2001 identified serious management issues that merited 
     careful review and analysis. The Army has taken several 
     promising steps in response to this report to reduce 
     duplication and improve efficiency in the acquisition and 
     headquarters management area, and the conferees are hopeful 
     that the final Army plan will realize the full benefits 
     identified in the CNA analysis. The conferees have included a 
     Provision (Sec. 8149) requiring the Secretary of the Army to 
     submit a final report to the congressional defense committees 
     describing the complete reorganization plan that he intends 
     to implement by no later than April 15, 2002. This report 
     shall describe the final realignments contemplated for all 
     functional areas, and identify the operational efficiencies, 
     personnel realignments and cost savings to be derived from 
     this comprehensive reorganization on an annual basis through 
     fiscal year 2008. The conferees believe the Army also will 
     benefit from a close-out review by the CNA review team to 
     comment on and validate the realignments. Section 8149 calls 
     for a final CNA review to undertake this activity. The 
     conferees view these management reforms as an important step 
     to improve the Army's ability to deliver its bold 
     transformation plan in the timeframe articulated by Army 
     leaders.


                   INNOVATIVE SAFETY MANAGEMENT PILOT

       The conferees recognize that there are initiatives underway 
     in the private sector that dramatically reduce the incidence 
     of workplace injuries and their related costs. The conferees 
     therefore direct the Secretary of the Army to adopt for use 
     in the workplace of civilian employees of the Department of 
     the Army such work safety models used by employers in the 
     private sector that the Secretary considers as being 
     representative of the best work safety practices in use by 
     private sector employers. The conferees recommend an 
     additional $2,500,000 in Operation and Maintenance, Army to 
     begin this initiative in fiscal year 2002.


                       UNUTILIZED PLANT CAPACITY

       The conference agreement provides an additional $17,500,000 
     for industrial preparedness, or unutilized plant capacity, 
     above the funds identified in the budget request. The 
     conferees direct the Army to allocate no less then 
     $25,000,000 above the request for unutilized plant capacity. 
     Of these funds, $7,500,000 shall be available for the Arsenal 
     Support Initiative.


                      ROTC FACILITY REHABILITATION

       The conferees provide an additional $200,000 in Operation 
     and Maintenance, Army only for rehabilitation of the athletic 
     facility used for the joint Husson College and University of 
     Maine ROTC program.


                    ST. LOUIS ARMY AMMUNITION PLANT

       The conferees direct that of the funds provided in 
     Operation and Maintenance, Army, $5,000,000 shall be 
     available only for St. Louis Army Ammunition Plant clean up 
     and disposal costs.


                             OTHER PROGRAMS

       The conferees agree to provide funds for the Expert Radar 
     Signature Solutions in the appropriate Research, Development, 
     Test and Evaluation account.
       The conferees agree that funds provided for language 
     training programs should be used to meet critical advanced 
     language training requirements.

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                         ship depot maintenance

       The conferees are aware that the ship depot maintenance 
     account has been underfunded in recent years. This 
     underfunding was caused by several factors, including a 
     deficient calculation that understated the requirement, 
     underfunding of the requirement which was identified, and the 
     added costs associated with high deployment levels. The 
     conferees applaud the Navy's efforts to revise the 
     maintenance calculation to more adequately reflect the real 
     requirement, and to fully fund maintenance in the future. The 
     conferees recognize, however, that the FY02 budget lacks the 
     necessary funds to implement them. The conferees expect that 
     for FY03 and future years the Navy will implement the revised 
     maintenance calculations to properly align depot maintenance 
     requirements and necessary funding. The conferees direct the 
     Secretary of the Navy to provide with the FY03 budget 
     submission a plan to eliminate the maintenance backlog that 
     has accumulated as a result of previous underfunding.


                  manual reverse osmosis desalinators

       The Committee has provided an additional $1,000,000 for the 
     refurbishment of Manual Reverse Osmosis Desalinators (MROD). 
     Of the additional funds provided, $500,000 is to be used for 
     Navy surface fleet MROD refurbishment, and $500,000 is to be 
     used for Navy Aviation MROD refurbishment.


                              point molate

       In view of the public safety and historic preservation 
     issues involved, the conferees believe the Navy should 
     continue the level of effort it provided in FY 2001 in 
     carrying out its joint caretaker responsibilities for the 
     base at Point Molate while it is being prepared for 
     conveyance. The conferees expect the Naval Facilities 
     Engineering Command and the City of Richmond, CA to operate 
     under similar terms and conditions as agreed to in their 
     Cooperative Agreement through the balance of fiscal year 
     2002.

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                   CONTAMINANT AIR PROCESSING SYSTEMS

       The conferees commend the Secretary of the Air Force for 
     standardizing mission critical equipment that allows Air 
     Force personnel to be effectively processed after contact 
     with biological, chemical or nuclear agents. The conferees 
     instruct the Secretary to use $1,000,000 within available 
     funds to enable installations to purchase contaminant air 
     processing systems and related components to ensure all Air 
     Force installations are standardized in this methodology and 
     equipment.


                         INTERNATIONAL SUPPORT

       The conferees are pleased with efforts and progress made in 
     programs funded in the Air Force subactivity group for 
     International Support. The conferees are aware that these 
     funds support U.S. Central Command's military contacts with 
     Central Asian States. The conferees encourage continued 
     progress in the Cooperative Defense Initiative that is 
     underway to assess the ability of regional partners to 
     respond to chemical or biological attacks. Funding reductions 
     in this line to limit overall growth are not punitive in 
     nature, and the Secretary of the Air Force is encouraged to 
     support this worthy program.


                             OTHER PROGRAMS

       The conferees agree to reduce U-2 operation and maintenance 
     (O&M) funding by $3,000,000 due to availability of funds in 
     the appropriate Research, Development, Test and Evaluation 
     account and recommends that these funds be transferred to O&M 
     to offset this reduction.
       The conferees agree to provide an additional $1,500,000 for 
     the Threat Representation and Validation project and an 
     additional $2,500,000 for operation of the Eagle Vision 
     System for the Air National Guard.

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                     Biofuels and Biobased Products

       With the heavy Department of Defense reliance on gasoline 
     and diesel fuels derived from foreign oil production, the 
     conferees agree that it is important for the Department to 
     investigate new ways to increase the usage of alternative 
     domestically produced fuels, including biofuels and biobased 
     products. The conferees direct the Department to submit a 
     report to the congressional defense committees by March 15, 
     2002 detailing its best estimates of: (1) the total annual 
     volume and cost of fuels of fuels by fuel type (gasoline, 
     diesel, ethanol, biodiesel, methanol, and other) used by the 
     Department, and the country source of these fuels; (2) a 
     description of the procedures in place to procure 
     domestically produced alternative fuels; (3) a description of 
     the procedures in place to encourage the procurement of 
     flexible fuel vehicles, such as those equipped with E-85 (85% 
     ethanol) engines; (4) an explanation of changes to programs, 
     plans, or procedures under consideration by the Department to 
     maximize the use of biofuels and biobased products in DoD 
     operations; (5) a description of practices and procedures to 
     track the actual DoD usage of biofuels; and (6) a description 
     of possible incentives the DoD could employ to increase the 
     acquisition of alternative or variable fuel vehicles and 
     encourage the use of such fuels as specified by the National 
     Environmental Policy Act. The conferees also direct the 
     Department to work with the Office of Energy Policy and New 
     Uses of the U.S. Department of Agriculture to support 
     independent testing of biofuels and biobased products. The 
     Department should also cooperate with industry suppliers to 
     facilitate inclusion of such biofuels and biobased products 
     on the Defense Logistics Agency list of items approved for 
     DoD purchase.

                    Defense Threat Reduction Agency

       Funding for the Operation and Maintenance activities of the 
     Defense Threat Reduction Agency were provided for in Title IX 
     of the House bill and report. These funds are provided in 
     Title II of the Conference Report.

                                 DLAMP

       The conferees recommend a reduction to the Defense 
     Leadership and Management Program for overhead costs and 
     backfills.

               National Foreign Language Skills Registry

       The Conferees direct the Secretary of Defense to establish 
     an internet-based data registry of United States citizens who 
     state that they are willing to be recruited in times of 
     national emergency to assist the Department with translation 
     and interpretation. The Secretary shall designate the foreign 
     languages and levels of fluency deemed to be critical to the 
     needs of the Department. The Director, Defense Manpower Data 
     Center shall maintain the registry. In implementing this 
     registry, the Director may collaborate with the National 
     Foreign language Center and the Defense Language Institute.

   Study on Intelligence Capabilities and Data Resources Integration

       To enhance intelligence gathering capabilities and data 
     resource integration following the events of September 11, 
     2001, the conferees recommend an increase of $5,000,000 for 
     preparing a management action plan to assess how measurement 
     and signature intelligence can be integrated with other 
     intelligence activities and data. The goal of this plan 
     should be to improve support for warfighter operations and 
     policy decision-making. A primary focus of this study should 
     be to complete the concept development and associated 
     operations and design requirements for a measurement and 
     signature intelligence data archive to provide back-up 
     capability and enabling cross-disciplinary integration of 
     distributed data. The study should consider all shortfalls in 
     MASINT capabilities and their integration. The conferees 
     direct the Assistant Secretary of Defense for Command, 
     Control, Communications, and Intelligence to provide to the 
     congressional defense committees an interim report containing 
     an outline of the content and expected milestones this study 
     no later than 45 days after enactment of this Act and a final 
     report no later than June 1, 2002.

                    Base Communications Sustainment

       The conferees recommend a reduction in base communications 
     sustainment and reiterate the Senate position that more focus 
     must be placed on funding deployable and mobile 
     communications requirements, rather than placing such items 
     on unfunded lists. The conferees provide an additional 
     $3,000,000 for AN/PRC-148 Multi-band Intra/Inter Team Radios 
     in Procurement, Defense Wide which is the number one unfunded 
     requirement for Special Operations units in the field.

                Assistance to Local Educational Agencies

       The conferees direct that of the funds provided in 
     ``Operation and Maintenance, Defense-Wide'' for the Impact 
     Aid program, $1,000,000 be available only for the purpose of 
     making payments to local educational agencies to assist them 
     in adjusting to reductions in the number of military 
     dependent students as a result of the closure or realignment 
     of military installations. 

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[[Page H10607]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces:
  24900  Primary Combat Forces/Unjustified Program Growth........-6,000
Undistributed:
  25670  C-17 Reserve Base Planning and Design....................1,000

                   Air Force Reserve Airlift Planning

       The conferees support the creation of an Air Reserve 
     Station or Stations for C-17's and provide $1,000,000 for 
     planning and site assessment.

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                        Camp McCain, Mississippi

       The conferees agree to provide $2,200,000 for improvements 
     to roads at or near the Camp McCain training site. In 
     addition, of the funds provided to the Army National Guard 
     for operation and maintenance, $2,200,000, shall be available 
     for minor construction projects.

                  Center for Civil-Military Relations

       The conferees direct that of the funds provided in 
     Operation and Maintenance, Army National Guard $2,000,000 be 
     used only for National Guard education programs at the Naval 
     Postgraduate School's Center for Civil-Military Relations.

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[[Page H10613]]

                    Adjustments to Budget Activities

       Adjustments to the budget activities are as follows:

                       [In thousands of dollars]

Budget Activity 1: Operating Forces:
  27650  Aircraft Operations/B-1B Operations....................100,000
  27750  Base Support/Eagle Vision................................8,500
Undistributed:
  28240  National Guard State Partnership Program.................1,000
  28250  Project Alert............................................2,900
  28255  Extended Cold Weather Clothing System....................2,500
  28310  Defense System Evaluation................................1,700
  28315  Bangor International Airport Runway Repairs..............5,000

          Consolidated Interactive Virtual Information Center

       The conferees agree to provide $5,000,000 from within 
     available funds in ``Operation and Maintenance, Air National 
     Guard'' for the Consolidated Interactive Virtual Information 
     Center of the National Guard.

             Overseas Contingency Operations Transfer Fund

       The conferees agree to provide $50,000,000 for the Overseas 
     Contingency Operations Transfer Fund. This amount provides a 
     central response fund from which the Secretary of Defense can 
     address unknown and unexpected overseas contingency costs. In 
     the budget request, the Department allocated the costs for 
     ongoing operations in Southwest Asia to service operation and 
     maintenance accounts. Consistent with this determination, the 
     conferees are providing $1,679,222,000 for Balkan operations 
     within the operation and maintenance accounts (Operation and 
     Maintenance, Army $1,308,500,000; Operation and Maintenance, 
     Navy $27,101,000; Operation and Maintenance, Marine Corps 
     $2,000,000; Operation and Maintenance, Air Force 
     $122,721,000; Operation and Maintenance, Defense-Wide 
     $192,900,000 and Defense Health Program $26,000,000). OCOTF 
     funds for military personnel expenses for Balkan operations 
     ($464,900,000) have been redistributed within service 
     accounts of the active components as well (Military 
     Personnel, Army $399,800,000; Military Personnel, Navy 
     $28,500; Military Personnel, Marine Corps $5,600,000; and 
     Military Personnel, Air Force $31,000,000).
       The total amount recommended is a reduction of $650,104,000 
     below the budget request.

          United States Court of Appeals for the Armed Forces

       The conference agreement provides $9,096,000 for the United 
     States Court of Appeals for the Armed Forces.

                    Environmental Restoration, Army

       The conference agreement provides $389,800,000 for 
     Environmental Restoration, Army.

                    Environmental Restoration, Navy

       The conference agreement provides $257,517,000 for 
     Environmental Restoration, Navy.

                  Environmental Restoration, Air Force

       The conference agreement provides $385,437,000 for 
     Environmental Restoration, Air Force.

                Environmental Restoration, Defense-Wide

       The conference agreement provides $23,492,000 for 
     Environmental Restoration, Defense-Wide.

         Environmental Restoration, Formerly Used Defense Sites

       The conference agreement provides $222,255,000 for 
     Environmental Restoration, Formerly Used Defense Sites.

             Overseas Humanitarian, Disaster, and Civic Aid

       The conference agreement provides $49,700,000 for Overseas 
     Humanitarian, Disaster and Civic Aid.
        The conferees agree to provide $5,000,000 to be available 
     if matched by private funds, only for the acquisition, 
     transportation and distribution of wheelchairs to victims of 
     overseas conflicts, landmines and other disturbances. The 
     Secretary of Defense should work with appropriate non-
     government organizations, such as the Wheelchair Foundation, 
     to implement this initiative on a matching basis with private 
     resources. The conferees expect special attention and 
     emphasis to be made to respond to the need and circumstances 
     in Afghanistan as rapidly as possible.

        Support for International Sporting Competitions, Defense

       The conference agreement provides $15,800,000 for the 
     Support for International Sporting Competitions, Defense 
     account.

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[[Page H10644]]

                    Tactical Unmanned Aerial Vehicle

       The House recommended $63,000,000 for the TUAV, a reduction 
     of $21,000,000 from the budget request. The House included 
     language directing that funds provided for the low-rate 
     initial production (LRIP) III of the TUAV may not be 
     obligated or expended until the TUAV successfully completes 
     the planned AEC assessment the Fall/Winter of 2001 and the 
     Secretary of the Army certifies that the TUAV has been 
     adequately tested and justifies the initiation of the LRIP 
     III prior to the completion of initial operational test and 
     evaluation. The Senate recommended $48,500,000 for the TUAV, 
     a reduction of $35,800,000 from the budget request. The 
     Senate included language stating that the system's viability 
     should be validated prior to procurement of additional units. 
     The conferees recommended $57,300,000 for the TUAV, a 
     reduction of $27,000,000 from the budget request. The 
     conferees agree that the language contained in both the House 
     and Senate reports conveys the same concerns and should be 
     implemented by the Army.

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[[Page H10688]]

                  SBIRS High Radiation Hardened Parts

       The conferees are very troubled by recent developments in 
     the SBIRS High program. DoD and Air Force officials have 
     provided new indications that the previously reported 
     $2,000,000,000 shortfall and 2 year slip may, in fact, 
     understate the severity of the problems. Not only is DoD 
     considering a variety of major program restructures, but it 
     is also considering whole new satellite approaches.
       The conferees are also aware of the issue of diminished 
     manufacturing sources for selected radiation hardened parts 
     in the current SBIRS High design. The Air Force has requested 
     that funds be retained in advance procurement for a 
     ``lifetime buy'' of these parts. The conferees are 
     sympathetic to the issues involved with this request but 
     given the unclear status of the program, it is premature to 
     make a definitive judgment with respect to funding these 
     parts. The conferees encourage DoD, once it has determined 
     how best to proceed with the program, to submit a 
     reprogramming request to fund these parts as needed at that 
     time.

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[[Page H10704]]

                               TELEPORTS

       The conferees provide $97,351,000 for teleports, however, 
     only 429,200,000 of the funds provided are available for 
     obligation until (the service chiefs unanimously agree on a 
     procurement plan. DISA shall not obligate any amount of funds 
     over $29,200,000 until the agreed upon plan is provided to 
     the Congress.


                     PATRIOT ADVANCED CAPABILITY--3

       The Conferees agree to provide $736,574,000 for the PATRIOT 
     Advanced Capability--3 (PAC-3), an increase of $60,000,000 to 
     the program. The increase includes $15,000,000 for the 
     efficient purchase of hard to acquire parts, eliminating the 
     need for a near term redesign of the missile. It also 
     includes $45,000,000 available either to purchase additional 
     missiles in fiscal year 2002 or for additional equipment for 
     the production facility. The Conferees encourage the 
     Department to increase production of this missile in an 
     efficient but prudent manner and direct the Department to 
     ensure that enough funds are in the Future Years Defense Plan 
     to begin purchasing at least 20 missiles a month as soon as 
     possible.

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[[Page H10707]]

                        miscellaneous equipment

       The conferees agree that each of the Chiefs of the Reserve 
     and National Guard components should exercise control of 
     modernization funds provided in this account including 
     aircraft and aircraft modernization. The conferees further 
     agree that separate submissions of a detailed assessment of 
     its modernization priorities by the component commanders is 
     required to be submitted to the defense committees. The 
     conferees expect the component commanders to give priority 
     consideration tot he following items: AN/AAQ-24 directional 
     Infrared Countermeasure (DIRCM), C-130 Radar Modernization, 
     Guard Net XXI, Integrated Training Management Program, Family 
     of Medium Tactical Vehicles, Commercial Construction 
     Equipment, Project ALERT, the Striker Advanced Grenade 
     Launcher, advanced display processor, and F-15 IFF for ANG 
     NORAD alert mission aircraft.

                  National Guard and Reserve Aircraft

       The conferees agree to provide $436,030,000 specifically 
     for the acquisition and modernization of the following 
     aircraft to support Reserve and National Guard missions:

UH-60 Blackhawk for the Army Reserve (6)....................$87,000,000
UH-60 Blackhawk for the Army Guard (4)......................58,000,0900
C-130J for the Air Force Reserve (1).........................71,300,000
C-130J for the Air Force National Guard, western states firefighting 
  (2).......................................................148,430,000
C-130J for the Air Force National Guard (1)..................71,300,000

                         Defense Production Act

       The conferees agree to provide a total of $40,000,000 for 
     the Defense Production Act, a decrease of $10,000,000 from 
     the budget request amount. Of this amount $2,000,000 is only 
     for a Processible Rigid-Rod Polymeric Material Supplier 
     Initiative.

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[[Page H10728]]

       Army Venture Capital Science and Technology Demonstration

       The conferees agree with the concept, as proposed in the 
     House passed Department of Defense Appropriations bill for 
     fiscal year 2002, of establishing a Venture Capital fund 
     demonstration to enhance Army access to advances in science 
     and technology. Accordingly, the conferees have included a 
     general provision, Sec., 8150 that provides $25,000,000 for 
     the formation of such a corporation pursuant to authority of 
     10 U.S.C. 2371.

                     Hybrid Electric Drive Research

       The conferees agree to fully fund the Army's request for 
     Combat Hybrid Power Systems (PE 603005/441), an amount of 
     $18,000,000. These funds should be used to accelerate the 
     development of critical hybrid electric technology components 
     and integration into FCS ground vehicles. These funds also 
     should be applied to development of hybrid electric 
     architectures for combat vehicles. The conferees direct the 
     Secretary of the Army to provide to the congressional defense 
     committees a report detailing the Army's plan for 
     implementing this direction with the submission of the fiscal 
     year 2003 Department of Defense budget request.
       Though the conferees are encouraged by recent developments 
     in the area of hybrid electric drive, there is concern that 
     the Army has not performed adequate testing and evaluation of 
     hybrid electric technology in extreme temperature 
     environments. In particular, the conferees are concerned that 
     the sources necessary to ensure stable, consistent and 
     adequate power to the overall system have not been developed 
     and tested in extreme cold-weather environments. Therefore, 
     the conferees recommend that the Army conduct testing of 
     hybrid electric technology, including the power sources 
     associated with the technology, in extreme cold weather 
     environments to ensure adequate power and performance to this 
     critical technology.

                  Starstreak-Stinger Operational Test

       The conferees agree to provide an additional $13,600,000 
     for the Starstreak-Stinger operational test program. Of this 
     amount, $12,000,000 should be used to conduct the live-fire, 
     side-by-side operational test of the Starstreak and Stinger 
     missile for the Apache helicopter. The remainder should be 
     made available to conduct test firing from the Apache against 
     ground targets.

        Army High Performance Computing Research Center (AHPCRC)

       The conferees have added $10,500,000 for the activities of 
     the Army High Performance Computing Research Center. Of these 
     funds, $2,000,000 is only for basic research at the Center's 
     academic partner institutions; and $8,500,000 is only for (1) 
     the use, operation and maintenance of the Center's high 
     performance computing systems and networks; (2) staff 
     scientist services to support Army research activities; (3) 
     technology exchange programs with Army laboratories, outreach 
     and education programs; and (4) management activities of the 
     research program and center, including publications, seminars 
     and workshops.

                          Domed Housing Units

       From within funds made available in Research, Development, 
     Test and Evaluation, Army, the conferees direct that the 
     Commanding General of the Army Space and Missile Defense 
     Command acquire and maintain domed housing units for military 
     personnel on Kwajalein Atoll and other island locations in 
     support of the mission of the command.

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[[Page H10747]]

                                CCS-MK2

       The conferees agree that it is vital that the future 
     development and evolution of combat control capabilities for 
     the nation's submarine force takes place in a fully 
     competitive acquisition environment and that the technical 
     architecture of submarine combat control systems utilizes 
     open systems compute processing standards. The conferees 
     therefore, direct the Department of the Navy to submit an 
     acquisition plan for the CCS-MK2 program to Congress no later 
     than April 15th, 2002 which addresses these concerns to 
     include potential options to compete the role of prime system 
     integrator. The conferees do not agree to House language 
     restricting the use of funds for the CCS-MK2 program.

                         Joint Experimentation

       The conferees agree to provide $103,802,000 for Joint 
     Experimentation, a decrease of $15,000,000 to the budget 
     request. The conferees also direct the Secretary of Defense 
     to provide a report to the Appropriations Committees no later 
     than May 15, 2002 which examines whether the Office of the 
     Director, Force Transformation should assume responsibility 
     for the oversight and funding of the direction, preparation, 
     execution and assessment of the U.S. Joint Forces Command 
     Joint Experimentation program.

      Tactical Input Segment (TIS) and Navy Input Station (NAVIS)

       In an effort to assist the Navy in ensuring an on-time 
     delivery of a next generation real-time reconnaissance 
     imagery receiving and display system, the conferees recommend 
     that within amounts appropriated to the Office of Naval 
     Research, up to $2,000,000 may be made available to build 
     additional Navy Input Stations (NAVIS) ground stations that 
     meet emergent operational requirements and provide risk 
     mitigation for the Tactical Input Segment (TIS).
       In addition, the conferees direct the Navy to continue to 
     integrate the technologies developed in NAVIS into the TIS 
     architecture to ensure the best capabilities of both systems 
     are delivered to the Fleet in time for the first F/A-18 SHARP 
     deployment. The conferees believe that combining such 
     technologies will best serve the tactical precision strike 
     requirements for the Navy now and in the future.

                        Spray Cooling Technology

       The Conferees are concerned to learn that despite 
     appropriations in two prior years, arrangements for the 
     manufacture of spray cooling technology have yet to be 
     finalized. The conferees direct the Marine Corps to act in an 
     expedited manner to resolve this issue.

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[[Page H10787]]

                       Ballistic Missile Defense

       The conferees agree to provide a total of $7,766,999,000 
     for ballistic missile defense research and development and 
     related procurement activities. Coupled with increases for 
     new and expanded counter-terrorism programs, the conference 
     agreement provides a combined total of $8,244,999,000 for 
     ballistic missile defense and increased counter-terrorism 
     activities.
       The Department of Defense is about to initiate a radical 
     restructuring of the ballistic missile defense program 
     management organization. The conferees support the efforts of 
     the Department to devise a management structure that 
     facilitates integration of the various ballistic missile 
     defense research and development efforts. The Department, 
     however, is cautioned against implementing a management 
     structure and related decision-making process that limit 
     adequate oversight of the program by the Pentagon's 
     operational testing, financial, and programmatic review 
     groups. Also, the conferees will continue to monitor this 
     program's management activities to ensure Congressional 
     oversight.
       Within each program element, the conferees have identified 
     several special interest projects for purposes of 
     reprogramming and budget justification material. (The 
     conferees agree with the House language regarding 
     reprogramming rules and budget justification material for 
     ballistic missile defense programs.) The special interest 
     projects are as follows:
       Terminal Phase Systems: MEADS and ARROW;
       Midcourse Phase Systems: Ground-based Midcourse, Pacific 
     Test Bed, and Sea-based Midcourse (Navy Theater Wide);
       Boost Phase Systems: Sea-based Boost, Air-base Boost 
     (Airborne Laser) and Space-based Boost (Space based Laser);
       Sensors: Satellite Sensor Technology and RAMOS.

                   Theater High Altitude Area Defense

       The conferees agree to provide $872,481,000 for the Theater 
     High Altitude Area Defense (THAAD) program, a reduction of 
     $50,000,000 to the request. This amount includes $160,000,000 
     for the Block 2004 THAAD research and development program. 
     The Block 2004 funds should be used to reduce risk in the 
     THAAD research and development program and acquire a 
     sufficient number of test assets to ensure a robust testing 
     profile. Further, the conferees direct that none of the funds 
     provided be used to accelerate THAAD pre-production or 
     deployment unless the Secretary of Defense certifies to the 
     Congressional defense committees that threats to our national 
     security or military forces warrant otherwise.

                      Satellite Sensor Technology

       The conferees agree with House funding recommendations 
     regarding SBIRS Low and the Satellite Sensor Technology 
     program. This agreement is based, in part, on discussions 
     with the Undersecretary of Defense (AT&L) who indicated that 
     the problems in the precursor SBIRS High program are so 
     significant as to make the current schedule for SBIRS Low 
     unexecutable. The conference agreement allows BMDO to step 
     off the acquisition track to place greater emphasis on risk 
     reduction and maturation of new technologies. These efforts, 
     to be performed within the Satellite Sensor Technology 
     program, should proceed at a measured pace. The conferees 
     note that this agreement in no way precludes continued 
     technology efforts on the current SBIRS Low program. The 
     conferees agree that the Secretary may obligate the funding 
     provided for the Satellite Sensor Technology program as he 
     determines necessary for the SBIRS Low program. The conferees 
     direct DoD to develop specific plans for the Satellite Sensor 
     Technology program for fiscal year 2002 and out and provide 
     this plan to the congressional defense committees no later 
     than May 15, 2002. The conferees further direct that the 
     congressional defense committees be notified of any funding 
     realignments regarding this program.


                     radiation hardened electronics

       The conferees support the House language regarding 
     radiation hardened electronics, except that they direct that 
     not less than $14,500,000 in program element 602715BR and 
     $38,000,000 provided in ``Domestic Radiation Hardened 
     Electronics'' in the Defense Production Act be used for the 
     purpose described in the House report.


                      miniaturized wireless system

       The conferees agree to provide $5,000,000 for miniaturized 
     wireless systems and agree that these funds be used only to 
     initiate a university-industry program to utilize advances in 
     three-dimensional chip scale packaging and high temperature 
     superconducting transceiver performance, to reduce the size, 
     weight, power consumption and cost of advanced wireless 
     communication systems for covert military and intelligence 
     operations.


   challenge program for innovative technology in defense acquisition

       The conferees support the actions taken by the Department 
     in response to section 818 of the Strom Thurmond National 
     Defense Authorization Act for Fiscal Year 1999 (Public Law 
     105-261) and the initial improvements made in facilitating 
     the rapid transition into Defense acquisition programs of 
     technologies developed in successful Small Business 
     Innovative Research (SBIR) phase two projects. The conferees 
     provide $12,500,000 only for the further development and 
     rapid insertion of innovative SBIR technologies as 
     competitive alternatives to Defense acquisition program 
     technologies. The Secretary of Defense shall select from 
     third phase SBIR proposals, which will result in improvements 
     in performance, affordability, manufacturability, or 
     operational capability at the component, subsystem, or system 
     level. The Secretary shall report to the Defense Committees 
     the technologies selected and the improvements expected by 
     June 1, 2001. In addition, the conferees direct the Office of 
     the Secretary of Defense to work with the congressional 
     defense committees to establish a more rigorous management 
     and oversight structure of the burgeoning number of rapid 
     acquisition programs within the Department. The conferees 
     expect this management and oversight structure to be 
     reflected in the fiscal year 2003 Defense budget request.

[[Page H10788]]

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[[Page H10789]]

     [GRAPHIC] [TIFF OMITTED] TH19DE01.242
     


[[Page H10790]]

                    implementing dsb recommendations

       The President's budget requests $1,000,000 to implement 
     Defense Science Board recommendations. While the Congress 
     does not oppose such an effort, resources should be found 
     from within existing funds.

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

       The conference agreement is as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                    Budget          House            Senate         Conference
----------------------------------------------------------------------------------------------------------------
Defense Working Capital Funds...............        1,951,986        1,826,986        1,826,986        1,312,986
Nation Defense Sealift Fund.................          506,408          412,708          407,408          432,408
                                             -------------------------------------------------------------------
      Total, Related Agencies...............        2,458,394        1,937,694        2,234,394        1,745,394
----------------------------------------------------------------------------------------------------------------

                     Defense Working Capital Funds

       The conferees agree to provide $1,312,986,000 for the 
     Defense Working Capital Fund.


                     NATIONAL DEFENSE SEALIFT FUND

       The Conferees agree to provide to $432,408,000 for the 
     National Defense Sealift Fund, a decrease of $74,000,000 from 
     the budget request amount. This includes a reduction of 
     $99,000,000 originally requested for MARAD and an increase of 
     $25,000,000 to finance the cost of constructing additional 
     sealift capacity.


                       Strategic Sealift Capacity

       The conference agreement reserves $25,000,000 of amounts 
     appropriated to the National Defense Sealift Fund to 
     accelerate the introduction of next-generation high-speed 
     sealift ships to support the Navy's global military sealift 
     requirements. The conferees expect the Navy to work with 
     other federal agencies using interagency agreements, economy 
     act procedures, or other mechanisms to provide loan 
     guarantees to shipbuilders to meet this objective. These 
     funds may not be used for research and development, or for 
     defense-features on commercial sealift ships.


                        Mobile Deployable Assets

       In the wake of the tragic events of September 11, 2001, the 
     conferees are concerned that future deployments of United 
     States forces may expose personnel to the risk of terrorist 
     attach similar to the bombing of Khobar Towers in Saudi 
     Arabia and the Marine barracks in Beirut. Instead of building 
     vulnerable fixed barracks for United States forces deployed 
     in highly dangerous locations, the conferees believe the Navy 
     should give the highest consideration to acquiring mobile, 
     deployable assets, which could provide additional ``in situ'' 
     hospital, housing, MWR, or command and control capability. 
     The conferees recommend that the Navy expeditiously pursue 
     the possibility of capitalizing MARAD loan guarantees for up 
     to two multipurpose passenger ships presently under 
     construction in a United States shipyard.

             T1TLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

       The conference agreement is as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                    Budget          House            Senate         Conference
----------------------------------------------------------------------------------------------------------------
Defense Working Program.....................       17,898,969       18,277,403       18,376,404       18,391,194
Chemical Agents and Munitions Destruction,          1,153,557        1,093,057        1,104,557        1,105,557
 Army.......................................
Drug Interdiction and Counter Drug                    820,381          827,381          865,981          842,581
 Activities, Defense........................
Office of the Inspector General.............          152,021          152,021          152,021          152,021
                                             -------------------------------------------------------------------
      Total, Other Department of Defense           20,024,928       20,349,862       20,498,963       20,491,353
       Programs.............................
----------------------------------------------------------------------------------------------------------------


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[[Page H10792]]

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[[Page H10793]]

[GRAPHIC] [TIFF OMITTED] TH19DE01.245


[[Page H10794]]

                             Reprogramming

       The conferees share the concerns expressed in the report 
     accompanying the House version of the Department of Defense 
     Appropriations bill for fiscal year 2002 regarding the 
     diversion of funds from the DoD military medical facilities 
     (MTFs) to pay for contractor-provided medical care. To limit 
     such transfers within the Defense Health Program operation 
     and maintenance account, the conferees agree that the 
     Department of Defense shall follow prior approval 
     reprogramming procedures for transfers with a cumulative 
     value in excess of $25,000,000, into the Private Sector Care 
     activity group.
       In addition, the conferees agree that the Department of 
     Defense shall provide budget execution data for all of the 
     operation and maintenance budget activities as well as the 
     procurement and research, development, test and evaluation 
     accounts of the Defense Health Program. Such budget execution 
     data shall be provided quarterly to the congressional defense 
     committees through the DD-COMP(M) 1002.

                 Peer Reviewed Medical Research Program

       The Senate recommended $50,000,000 for a Peer Reviewed 
     Medical Research program. The conferees agree to provide 
     $50,000,000 for this program, and recommend that the 
     Department of Defense consider the following projects as 
     candidates for study: Complex rAD-Vector vaccine for MGBV; 
     chemo-preventative approaches to smoking related illness; 
     childhood asthma; chiropractic care; closed loop frozen blood 
     processing systems; Counter Narcotics Tactical Operations 
     Medical Support Program (CONTOMS); Dengue Fever vaccine; high 
     risk infectious disease; medications for fungal and bacterial 
     infections such as Fungi Free; metabolically engineered 
     tissue for trauma care; military nutrition research; Padget's 
     disease; pre-clinical & clinical activities of the Novonex/
     Ex-Rad drugs; radiation protection; real-time heart rate 
     variability; self test methods of screening for cervical 
     cancer; smoking cessation; social work research; Traumatic 
     Brain injury; Volume Angio Cat (VAC) research, and VRE 
     research.

                   Tricare: Next Generation Contracts

       The conferees are aware that the Department of Defense is 
     presently considering the issuance of new requirements for 
     future TRICARE managed care contracts. A major revision under 
     consideration is the prospect of ``unbundling'' healthcare 
     and administrative services and using different contractors 
     with different geographic coverage responsibilities. While 
     the conferees support DoD efforts to improve and streamline 
     the provision of healthcare services, the conferees note that 
     the Department's deliberations have caused great concern 
     among health care providers and, if not managed carefully and 
     thoughtfully, could reignite the instability and confusion 
     that has existed in the past years as this program was being 
     implemented. Accordingly, the conferees direct that before 
     any proposals for significant structural changes to the 
     TRICARE managed care contract are made public, that the 
     Assistant Secretary of Defense (Health Affairs) solicit the 
     views of the congressional defense committees. The conferees 
     also direct the Department to allow sufficient time for full 
     congressional review before any final decisions are made in 
     this respect.

            CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
CHEM AGENTS & MUNITIONS DESTRUCTION, ARMY:
    CHEM DEMILITARIZATION--O&M..............................      789,020      728,520      739,020      739,020
    CHEM DEMILITARIZATION--PROC.............................      164,158      164,158      164,158      164,158
    CHEM DEMILITARIZATION--RDTE.............................      200,379      200,379      201,379      202,379
                                                             ---------------------------------------------------
      TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION, ARMY......    1,153,557    1,093,057    1,104,557    1,105,557
----------------------------------------------------------------------------------------------------------------


[[Page H10795]]

[GRAPHIC] [TIFF OMITTED] TH19DE01.246


[[Page H10796]]

             Program Manager for Chemical Demilitarization

       The conferees support the guidance provided in the Senate 
     report under this heading with two changes. The conferees 
     agree that for the quarterly report the Department may use an 
     existing report provided it includes the data requested and 
     is available within 14 days of the end of each quarter. In 
     addition, there is no requirement for a restructuring report. 
     All other direction, including the January 15th report and 
     the language regarding incentive programs remains as written.

                 Anniston Chemical Destruction Facility

       The conferees share the Senate's concern regarding 
     emergency preparedness measures at the Anniston Chemical 
     Destruction Facility. In lieu of the language in the Senate 
     report, the conferees support the current agreement 
     established by the Department, FEMA, and state and local 
     officials, concerning the commencement of destruction 
     operations and critical safety matters, as stated in the 
     letter from the Under Secretary of Defense (AT&L) dated 
     November 1, 2001.

         DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

       The conference agreement on items addressed by either the 
     House or the Senate is as follows:

[[Page H10797]]

     [GRAPHIC] [TIFF OMITTED] TH19DE01.247
     


[[Page H10798]]

                       National Guard Activities

       The conferees agree that adequate funding has not been 
     provided to meet National Guard counter-drug requirements and 
     have recommended an increase of $33,000,000 in this account 
     for a number of specific National Guard activities. In view 
     of this increase the conferees do not agree with the Senate 
     proposed direction for a general earmark of funds for the 
     National Guard.

                    Office of the Inspector General

       The conferees agree to provide $152,021,000 for the Office 
     of the Inspector General. Of this amount $150,221,000 shall 
     be for operation and maintenance and $1,800,000 shall be for 
     procurement.

                      TITLE VII--RELATED AGENCIES

       The conference agreement is as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                   Budget           House            Senate         Conference
----------------------------------------------------------------------------------------------------------------
Central Intelligence Agency Retirement &              212,000          212,000          212,000          212,000
 Disability System..........................
Intelligence Community Management Account...          152,776          144,929          144,776          160,429
Payment to Kaho'olawe Island Conveyance,               25,000           25,000           75,000           67,500
 Remediation, and Environmental Restoration
 Fund.......................................
National Security Education Trust Fund......            8,000            8,000            8,000            8,000
                                             -------------------------------------------------------------------
      Total, Related Agencies...............          397,776          389,929          439,776          447,929
----------------------------------------------------------------------------------------------------------------

               Intelligence Community Management Account

       Details of the adjustments to this account are addressed in 
     the classified annex accompanying this report.

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

       The conference agreement provides $67,500,000 for payment 
     to the Kaho'olawe Island Conveyance, Remediation, and 
     Environmental Restoration Fund.

                     TITLE VIII--GENERAL PROVISIONS

       The conference agreement incorporated general provisions of 
     the House and Senate versions of the bill which were not 
     amended. Those general provisions that were amended in 
     conference follow:
       The conferees included a general provision (Section 8005) 
     which amends language which provides the Department of 
     Defense with transfer authority.
       The conferees included a general provision (Section 8008) 
     which amends language providing multiyear procurement 
     authority.
       The conferees included a general provision (Section 8027) 
     which amends Senate language earmarking funds in ``Aircraft 
     Procurement, Air Force'' for maintaining 18 B-52 attrition 
     reserve aircraft.
       The conferees included a general provision (Section 8031) 
     which amends language which earmarks funds for Civil Air 
     Patrol operation and maintenance, and counterdrug programs.
       The conferees included a general provision (Section 8032) 
     which amends language limiting the number of staff years that 
     may be funded for Federally Funded Research and Development 
     Centers and reduces funding for that purpose.
       The conferees included a general provision (Section 8045) 
     which amends language which extends the availability of funds 
     for convert actions and agent operations.
       The conferees included a general provision (Section 8054) 
     which amends language recommending rescissions. The 
     rescissions agreed to are:

                             [Rescissions]

Fiscal Year 2000:
  Former Soviet Union Threat Reduction: Fossil Fuel Energy P$32,000,000
                                               Other Procurement, Navy:
    Joint Tactical Terminals.................................14,300,000
    Submarine Support Equipment...............................1,000,000
  Aircraft Procurement, Air Force: JTCTS......................8,500,000
  Other Procurement, Air Force: Joint Tactical Terminals.....20,000,000
Fiscal Year 2001:
  Aircraft Procurement, Army: CH-47 Mods.....................16,000,000
  Procurement of Ammunition, Army: RADAM.....................27,400,000
                                               Other Procurement, Army:
    STAR-T Termination........................................9,900,000
    Teleoperating Kits........................................5,945,000
    Joint Tactical Terminals.................................10,000,000
    PEPS......................................................2,900,000
  Aircraft Procurement, Navy: JTCTS...........................8,600,000
  Weapons Procurements, Navy: JSOW..........................$20,000,000
  Other Procurement, Navy:.............................................
    Joint Tactical Terminals..................................6,000,000
    JTCTS.....................................................1,600,000
  Procurement, Marine Corps: STAR-T Termination...............1,000,000
                                       Aircraft Procurement, Air Force:
    JTCTS.....................................................1,300,000
    F-15.....................................................18,000,000
    C-135....................................................36,000,000
    RECON/DARP Support Equip.; JSAF Sensors...................7,983,000
                                        Missile Procurement, Air Force:
    JSOW.....................................................25,200,000
    MMIIMODS.................................................33,250,000
  Procurement of Ammunition, Air Force: JDAM..................5,800,000
                                          Other Procurement, Air Force:
    MILSATCOM (GBS TIP).......................................6,500,000
    JTCTS.....................................................3,700,000
                                             Procurement, Defense-Wide:
    DIRCM.......................................................485,000
    MH-53 SIM MATT Upgrade....................................3,982,000
    Active RW Survivability...................................3,000,000
    Passive RW Survivability..................................5,404,000
    Riverine Craft............................................5,800,000
    INOD........................................................591,000
    SOF Maritime Equipment....................................1,400,000
    ASDS Advanced Procurement................................18,972,000
    Shemya Radar (Long lead items)...........................73,800,000
                      Research, Development, Test and Evaluation, Army:
    STAR-T Termination........................................3,300,000
    MPIM......................................................3,000,000
                      Research, Development, Test and Evaluation, Navy:
    JTCTS.....................................................8,800,000
    Joint Ejection Seat......................................10,000,000
                 Research, Development, Test and Evaluation, Air Force:
    JSAF Termination.........................................13,450,000
    ERCM.....................................................39,633,000
    Joint Ejection Seat......................................10,000,000
    JTCTS.....................................................6,200,000
              Research, Development, Test and Evaluation, Defense-Wide:
    Passive RW Survivability....................................280,000
    NSW RIB.....................................................500,000

       The conferees included a general provision (Section 8062) 
     which amends Senate language earmaking $10,200,000 in 
     ``Operation and Maintenance, Air Force'' to Realign railroad 
     track on Elmendorf Air Force Base and Fort Richardson.
       The conferees included a general provision (Section 8087) 
     which amends Senate language appropriating $3,500,000 for the 
     American Red Cross.
       The conferees included a general provision (Section 8092) 
     which amends Senate language which makes available funds in 
     ``Research, Development, Test and Evaluation, Navy'' for a 
     Maritime Fire Training Center at Barbers Point.
       The conferees included a general provision (Section 8095) 
     which amends language reducing military personnel and 
     operation and maintenance accounts by $240,000,000 to reflect 
     savings from favorable foreign currency fluctuations.
       The conferees included a general provision (Section 8102) 
     which amends Senate language reducing by $262,000,000 the 
     total amount appropriated in title II of this Act to reduce 
     cost growth in travel.
       The conferees included a general provision (Section 8111) 
     which amends language appropriating $8,500,000 for the United 
     Service Organizations.
       The conferees included a general provision (Section 8112) 
     which amends language making funds available for establishing 
     an ARROW production capability in the United States and for 
     adjusting the cost-sharing agreement with the Israeli 
     government.
       The conferees included a general provision (Section 8116) 
     which amends Senate language appropriating $4,500,000 for the 
     Fort Des Moines Memorial Park and Education Center.
       The conferees included a general provision (Section 8117) 
     which amends language appropriating $4,250,000 for the 
     National D-Day Museum.
       The conferees included a general provision (Section 8119) 
     which amends House language appropriating $1,700,000 for 
     Fisher Houses.
       The conferees included a general provision (Section 8120) 
     which amends Senate language which provides authority for the 
     establishment of a memorial to Dwight D. Eisenhower and 
     appropriates $2,600,000 for the Dwight D. Eisenhower Memorial 
     Commission.
       The conferees included a general provision (Section 8121) 
     which amends House language which provides $1,700,000 for 
     transfer to the Department of Energy for a proposed study to 
     examine the feasibility of a zero emissions, steam injection 
     process.

[[Page H10799]]

       The conferees included a general provision (Section 8122) 
     which amends Senate language appropriating $8,000,000 for the 
     settlement of claims associated with the Air Force contract, 
     Clear Radar Upgrade, at Clear Air Force Station, Alaska.
       The conferees included a general provision (Section 8125) 
     which amends Senate language establishing a new Regional 
     Counter
     terrorism Fellowship program to be administered by the 
     Secretary of Defense. The conferees expect the Department of 
     Defense to coordinate this program with the State Department 
     and specifically recommend that it keep the relevant United 
     States Ambassadors informed.
       The conferees included a general provision (Section 8126) 
     which amends language to adjust applicable years for 
     negotiated settlement for a request for equitable adjustment 
     for the C-17 program.
       The conferees included a general provision (Section 8129) 
     which amends language to fund prior year shipbuilding cost 
     increases.
       The conferees included a general provision (Section 8130) 
     which amends language which provides for the transfer of 
     funds from shipbuilding and conversion programs.
       The conferees included a new general provision (Section 
     8135) which amends House language reducing funds available in 
     operation and maintenance accounts by $105,000,000 to reflect 
     fact of life changes in utilities costs.
       The conferees included a new general provision (Section 
     8136) which amends House language earmarking $2,100,000 from 
     ``Operation and Maintenance, Air Force'' for repair, 
     restoration, and preservation of the Lafayette Escadrille 
     Memorial.
       The conferees included a new general provision (Section 
     8137) which amends House language designating the World War I 
     Memorial in the Mojave National Preserve as a national 
     memorial.
       The conferees included a new general provision (Section 
     8138) which amends House language which appropriates 
     $4,200,000 for ``Operation and Maintenance, Navy'' for the 
     preservation of the U.S.S. Alabama as a museum and memorial.
       The conferees included a new general provision (Section 
     8139) which amends House language which appropriates 
     $4,250,000 for ``Operation and Maintenance, Navy'' for the 
     preservation of the U.S.S. Intrepid as a museum and memorial.
       The conferees included a new general provision (Section 
     8140) which amends House language appropriating $4,200,000 
     for ``Operation and Maintenance, Air Force'' for the 
     relocation of the Fairchild Air Force Base school within the 
     boundary of Fairchild Air Force Base.
       The conferees included a new general provision (Section 
     8141) which amends House language appropriating $3,500,000 
     for ``Operation and Maintenance, Navy'' for the Central 
     Kitsap School district in Washington State for a special 
     needs learning center.
       The conferees included a new general provision (Section 
     8142) which amends House language appropriating $8,500,000 
     for the City of San Bernardino, California.
       The conferees do not include a new House general provision 
     (Section 8137) which prohibits the establishment of an 
     independent operational test bed system and/or the transfer 
     or certain UAVs from the Navy to the Joint Forces Command. 
     The House agrees to recede from this recommendation with the 
     understanding that the Navy will not transfer the Predator 
     UAV assets. Instead, the Secretary of the Navy shall ensure 
     that the Commander of Joint Forces Command receives priority 
     in use of the Predator UAV assets and associated equipment 
     when needed to support the joint operational test bed 
     development and testing.
       The conferees included a new general provision (Section 
     8145) which amends House language which extends the waiver of 
     Operation and Maintenance investment limitations to 
     activities funded in fiscal year 2000.
       The conferees included a new general provision (Section 
     8146) which amends House language reducing funds available in 
     operation and maintenance accounts by $100,000,000 to reflect 
     savings attributed to improved scrutiny and supervision in 
     using government purchase cards.
       The conferees included a new general provision (Section 
     8147) which amends House language appropriating $2,500,000 
     for a DoD/VA Consolidation Study.
       The conferees included a new general provision (Section 
     8149) which amends House language reducing funds available in 
     ``Operation and Maintenance, Army'' by $5,000,000 to reflect 
     efficiencies in Army acquisition management.
       The conferees included a new general provision (Section 
     8150) which amends House language which earmarks $25,000,000 
     to establish an Army Venture Capital Investment Corporation.
       The conferees included a new general provision (Section 
     8154) which amends House language earmarking funds for 
     payments of expenses incurred by the Commission on the Future 
     of the United States Aerospace Industry.
       The conferees included a general provision (Section 8158) 
     which amends Senate language appropriating $15,000,000 for 
     the Citadel, Charleston, South Carolina.
       The conferees included a new general provision (Section 
     8159) which amends Senate language to expand the Multiyear 
     Aircraft Lease Pilot Program.
       The conferees included a new general provision (Section 
     8160) which amends Senate language which earmarks funds for 
     road repairs and safety improvements at Camp McCain, 
     Mississippi.
       The conferees included a new general provision (Section 
     8161) which amends Senate language which earmarks funds for 
     the renovation of the Broadway Armory.
       The conferees included a new general provision (Section 
     8163) which amends Senate language which provides funds for 
     the Armed Forces Retirement Home.
       The conferees included a general provision (Section 8165) 
     which amends Senate language directing that sufficient funds 
     may remain available to sustain the Defense Leadership and 
     Management Program through fiscal year 2002 and pay the fixed 
     costs for the facility in Southbridge, Massachusetts.
       The conferees included a new general provision (Section 
     8169) which amends Senate language which provides $3,500,000 
     for ``Operation and Maintenance, Defense-Wide'' for impact 
     aid for children with severe disabilities.
       The conferees included a new general provision (Section 
     8171) which amends Senate language requiring a report on the 
     progress toward implementation of comprehensive nuclear 
     threat reduction programs to safeguard Pakistani and Indian 
     nuclear stockpiles and technology.

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[[Page H10801]]

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[[Page H10802]]

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[[Page H10803]]

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[[Page H10804]]

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[[Page H10805]]

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[[Page H10806]]

                     Unconventional Nuclear Threat

       These funds are to implement the recommendations of the 
     Defense Science Board Task Force on Unconventional Nuclear 
     Warfare Defense as directed in the House bill and report.

               Armed Forces Institute of Pathology (AFIP)

       These funds are for maintenance and repairs of buildings, 
     including building mechanical systems, and repairs and 
     upgrades to laboratories and associated equipment at AFIP. 
     The lab upgrades are to include installation of Biolevel 3 
     labs to increase the institute's ability to test biological 
     agents such as anthrax and botulism.

            Weapons of Mass Destruction Civil Support Teams

       The conference agreement provides $35,000,000 to fully 
     equip and train 22 additional highly specialized Army 
     National Guard WMD-CST Teams. To date, a total of 32 teams 
     have been authorized by the Department of Defense, although 
     22 of those teams have unfunded equipment and training 
     requirements necessary to bring them up to fully certified 
     status. These funds are provided to fill those critical 
     equipment and training gaps as follows:

22 Mobile Analytical Laboratory Systems (special purpose veh$18,500,000
Dismounted analytical suites..................................6,500,000
Training and evaluation......................................10,000,000

                  Local Emergency Communications Gear

       The conferees agree to provide these funds to ensure 
     reliable and interoperable communications between elements of 
     the Army and local emergency responders.

                  Chemical-Biological Medical Training

       The conferees agree to provide this funding to train 
     Department of Defense personnel in the recognition and 
     treatment of the health effects caused by exposure to 
     chemical or biological agents.

                  Former Soviet Union Threat Reduction

       The conference agreement provides $403,000,000 for the 
     Former Soviet Union Threat Reduction program.

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

       The conference agreement includes $80,919,000 for the 
     Office of the Secretary as proposed by the Senate instead of 
     $4,582,000 as proposed by the House. The conferees direct 
     that these funds be used for upgrading USDA facility and 
     operational security and for other unforeseen needs of the 
     Department related to counterterrorism and homeland security.

        Argiculture Buildings and Facilities and Rental Payments

       The conference agreement does not include $2,875,000 for 
     Agriculture Buildings and Facilities and Rental Payments as 
     proposed by the House. The Senate had no similar provision. 
     Activities funded under this account by the House are 
     included in the amount available for the Office of the 
     Secretary.

                     Agricultural Research Service


                         Salaries and Expenses

       The conference agreement includes $40,000,000 for salaries 
     and expenses of the Agricultural Research Service instead of 
     $5,635,000 as proposed by the House and $70,000,000 as 
     proposed by the Senate. The conferees direct that of this 
     amount, no less than $21,700,000 shall be made available 
     for facility and operational security needs.


                        BUILDINGS AND FACILITIES

       The conference agreement includes $73,000,000 for 
     Agricultural Research Service Buildings and Facilities as 
     proposed by the Senate. The House had no similar provision. 
     Of the total amount provided, $50,000,000 is for construction 
     of an animal bio-containment facility at the National Animal 
     Disease Laboratory at Ames, Iowa, and $23,000,000 is for 
     planning and design at the Plum Island Animal Disease Center 
     for Plum Island, New York. The conferees are award of an 
     ongoing review of security issues at Plum Island and other 
     locations and direct that funds provided for planning and 
     design at Plum Island not be obligated until the Secretary 
     reports to the Appropriations Committees of the House and the 
     Senate on the conclusions of that review.

      Cooperative State Research, Education, and Extension Service


                   RESEARCH AND EDUCATION ACTIVITIES

       The conference agreement does not provide $50,000,000 for 
     Research and Education activities of the Cooperation State 
     Research, Education, and Extension Service as proposed by the 
     Senate. The House had not similar provision.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

       The conference agreement includes $105,000,000 for the 
     Animal and Plant Health Inspection Service instead of 
     $8,175,000 as proposed by the House and $95,000,000 as 
     proposed by the Senate. This amount includes up to 
     $50,000,000 for the Agricultural Quarantine Inspection user 
     fee program, $20,000,000 for pest detection activities, and 
     $10,000,000 for animal health monitoring and surveillance. 
     The balance of these funds is to be directed toward agency 
     security needs, of which no less than $21,800,000 shall be 
     made available for facility and operational security needs, 
     implementation of the agency's biosecurity program, and other 
     operational needs of the agency.


                        BUILDINGS AND FACILITIES

       The conference agreement includes $14,081,000 for APHIS 
     buildings and facilities as proposed by the House and the 
     Senate. This amount includes funding for the relocation of 
     laboratories to the main National Veterinary Services 
     Laboratories campus where a higher level of safety and 
     security can be provided. In addition, the funding will 
     complete the physical security countermeasure installation, 
     and will enhance security guard service.

                   Food Safety and Inspection Service

       The conference agreement includes $15,000,000 for the Food 
     Safety and Inspection Service as proposed by the Senate 
     instead of $9,800,000 as proposed by the House. This amount 
     includes no less than $3,400,000 for facility and operational 
     security needs.

                       Food and Nutrition Service


SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 
                                 (WIC)

       The conference agreements includes $39,000,000 for the 
     Special Supplemental Nutrition Program for Women, Infants, 
     and Children program as proposed by the Senate. The House had 
     no similar provision. The conference agreement also includes 
     language, as proposed by the Senate, to modify the method of 
     reallocating WIC funds during fiscal year 2002.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $151,100,000 for the Food 
     and Drug Administration instead of $104,350,000 as proposed 
     by the House and $127,000,000 as proposed by the Senate. Of 
     this amount, $13,250,000 is for facility security, 
     $40,750,000 is for enhanced availability of drugs and 
     vaccines and the balance is for increased food safety 
     activities.
       The total $40,750,000 provided for non-food activities, 
     including vaccines, human drugs and devices, shall be 
     allocated as follows: (1) $14,250,000 and 32 FTE for the 
     Center for Drug Evaluation and Research and related field 
     activities in the Office of Regulatory Affairs; (2) 
     $19,800,000 and 107 FTE for the Center for Biologics 
     Evaluation and Research and related field activities in the 
     Office of Regulatory Affairs; (3) $1,500,000 and 13 FTE for 
     the Center for Devices and Radiological Health and related 
     field activities in the Office of Regulatory Affairs; (4) 
     $4,800,000 and 8 FTE for the National Center for 
     Toxicological Research; and (5) $400,000 and 4 FTE for the 
     Office of Chief Counsel within Other Activities. The total 
     $97,100,000 provided for food safety activities shall be 
     allocated as follows: (1) $92,550,000 and 630 FTE for the 
     Center for Food Safety and Applied Nutrition and related 
     field activities in the Office of Regulatory Affairs; (2) 
     $3,500,000 and 35 FTE for the Center for Veterinary Medicine 
     and related field activities in the Office of Regulatory 
     Affairs; (3) $1,000,000 for the National Center for 
     Toxicological Research; and (4) $50,000 within Other 
     Activities. The total $13,250,000 for physical security shall 
     be allocated as follows: (1) $300,000 and 3 FTE shall be for 
     the Office of Facilities within Other Activities; and (2) 
     $12,950,000 for Rent and Rent-Related Activities.

                           INDEPENDENT AGENCY

                  Commodity Futures Trading Commission

       The conference agreement includes $16,900,000 for the 
     Commodity Futures Trading Commission instead of $6,495,000 as 
     proposed by the House and $10,000,000 as proposed by the 
     Senate. These funds are to be used toward agency recovery 
     from the events of September 11, 2001, and for other 
     mitigation and preparedness needs for the agency.

                    General Provisions, This Chapter

       The conference agreement includes language (Sec. 101) as 
     proposed by the Senate that amends a number under the Food 
     and Drug Administration account in P.L. 107-76.
       The conference agreement includes language (Sec. 102) as 
     proposed by the Senate that amends a provision in P.L. 107-76 
     related to payments to apple producers.

                               Chapter 2

                         Department of Justice

                         General Administration


                       USA PATRIOT Act Activities

       The conference agreement includes a total of $5,000,000, 
     instead of $25,000,000 as proposed in the Senate bill. Of 
     this amount, up to $2,000,000 is available to conduct a 
     feasibility study as proposed by the Senate. The House did 
     not address this matter.

                   Administrative Review and Appeals

       The conference agreement includes $3,500,000 for 
     Administrative Review and Appeals, as proposed in both the 
     House and Senate bills.


                            Legal Activities

            Salaries and Expenses, General Legal Activities

       The conference agreement includes $12,500,000 for General 
     Legal Activities, as

[[Page H10807]]

     proposed in the House bill, and instead of $21,250,000 as 
     proposed in the Senate bill. Of the amount provided, 
     $4,800,000 is for the Criminal Division and $7,700,000 is for 
     administrative expenses associated with the Office of the 
     Special Master. the conferees note that $7,090,000 was 
     provided in P.L. 107-77 for the Computer Crime and 
     Intellectual Property Section under General Legal Activities 
     for cyber security activities.


             Salaries and Expenses, United States Attorneys

       The conference agreement includes $56,370,000 for the 
     United States Attorneys, instead of $68,450,000 as proposed 
     in the House bill and $74,600,000 as proposed in the Senate 
     bill. The recommendation includes $45,000,000 to establish 
     joint terrorism task forces; $2,000,000 for victims' 
     assistance; and for New York city, $1,850,000 for crisis 
     response equipment, $5,042,000 for immediate prosecutorial 
     needs, and $2,478,000 for renovations to the Church Street 
     office.


         Salaries and Expenses, United States Marshals Service

       The conference agreement includes $10,200,000 for the 
     United States Marshals Service, instead of $11,100,000 as 
     proposed in the House bill and $26,100,000 as proposed in the 
     Senate bill. Of this amount, $4,000,000 is provided for 
     additional protection of the Federal Judiciary in New York 
     City involved in the World Trade Center bombing the Embassy 
     bombing trials; $1,200,000 is for Foley Square and Brooklyn 
     Federal courthouse security expenses; and $5,000,000 is for 
     courthouse security equipment. Within the total funding 
     available, the U.S. Marshals Service is expected to provide 
     up to $200,000 for additional security needs at the Federal 
     Courthouse in Alexandria, Virginia.


                              Construction

       The conference agreement includes $9,125,000 for U.S. 
     Marshals Service Construction, instead of $35,000,000 as 
     proposed in the Senate bill. The House did not address this 
     matter. The Marshals Service is directed to apply this 
     funding to the highest priority locations.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       The conference agreement includes $745,000,000 for the 
     salaries and expenses of the Federal Bureau of Investigation 
     (FBI), instead of $538,500,000 as proposed in the House bill 
     and $654,500,000 as proposed in the Senate bill. Of this 
     amount, $237,000,000 is for continued implementation of 
     Trilogy. The Committees will entertain a reprogramming for 
     other information technology needs should the FBI not need 
     the full amount provided for Trilogy. Also within the total 
     funding amount provided, $184,147,000 is for immediate 
     unfunded response needs; $1,641,000 is for data network 
     interception. In addition, $56,764,000 is for the information 
     assurance and data digitizing, and the conferees direct that 
     the FBI submit a spending plan, subject to section 605 
     reprogramming requirements of P.L. 107-77, prior to 
     obligating any funding for these activities. Also within the 
     total funding amount, $7,404,000 is for foreign language 
     translation needs; $43,762,000 is for headquarters and field 
     office counterterrorism investigation support; $8,744,000 is 
     for the wireless intercept program; $11,278,000 is for DNA 
     systems and analysis; $20,622,000 is for Computer Analysis 
     Response Teams; $9,218,000 is for Intelligence Production; 
     $12,241,000 is for audio interception technology; $5,606,000 
     is for the forensic and audio/video/image analysis program; 
     $7,700,000 is for a transfer to the Drug Enforcement 
     Administration for the Special Operations Division; 
     $12,818,000 is for classified projects; $6,461,000 is for 
     Title III wiretaps; $1,392,000 is for Evidence Response 
     Teams collection and training needs; and $50,000,000 is 
     for counterterrorism equipment and supplies.
       The conferees are aware that terrorist organizations 
     exploit the Internet to plan, coordinate, and initiate 
     terrorist acts, finance terrorist activities, and recruit 
     terrorists. To enable the FBI to continue its efforts to work 
     with businesses and Federal State governments to fight 
     cybercrime, $61,000,000 is provided for the National 
     Infrastructure Protection center, including not less than 
     $12,000,000 for the Special Technologies and Applications 
     Unit, and $7,202,000 is provided for regional computer 
     forensic labs. This funding is in addition to funding 
     provided elsewhere in this bill to fight cybercrime.

                 Immigration and Naturalization Service


                         Salaries and Expenses

                     Enforcement and Border Affairs

       The conference agreement includes $449,800,000 for the 
     salaries and expenses of the Immigration and Naturalization 
     Service (INS), as proposed in the Senate bill, instead of 
     $409,600,000 as proposed in the House bill. Of this amount, 
     $10,000,000 is for additional border patrol agents along the 
     Southwest Border; $55,800,000 is for additional inspectors 
     and support staff on the Northern Border; and $23,900,000 
     shall be for transfer of an additional border patrol agents 
     and support staff on the Northern Border. Also included in 
     the amount provided is $13,300,000 for the entry/exit system; 
     $10,555,000 for border crossing card and green card readers; 
     $18,000,000 for the lease acquisition program; $25,600,000 
     for 16 single engine helicopters; $54,000,000 for ISIS; 
     $5,000,000 for infrared scopes; $2,500,000 for border 
     checkpoint improvements and canine teams; $8,157,000 for 
     ENFORCE/IDENT data communications, biometrics redundancy 
     equipment, and the booking module; $39,100,000 for 
     information technology connectivity, enterprise information 
     and information assurance; $5,000,000 for the ENFORCE 
     detention and removals module; $36,800,000 for SEVIS; 
     $23,454,000 for the forensic document lab equipment and 
     staffing; $5,300,000 for fugitive operations detention and 
     removal; $5,885,000 for ADNET/ENFORCE integration of 
     databases; $5,904,000 for ENFORCE investigations and 
     intelligence modules; $10,200,000 for joint terrorism task 
     forces; $5,000,000 for border patrol planning and design; 
     $8,800,000 for physical security and guards; $5,400,000 for 
     attorneys; and $72,145,000 for unfunded immediate response 
     needs.


                              Construction

       The conference agreement includes $99,600,000 for INS 
     construction as proposed in the Senate bill. The House bill 
     did not address this matter. The conferees direct the INS to 
     submit a proposed distribution to the Committees prior to 
     obligating any of these funds.

                       Office of Justice Programs


                           Justice Assistance

       The conference agreement includes $400,000,000 for Office 
     of Justice Programs, Justice Assistance programs, as proposed 
     in both the House and the Senate bills. This funding for the 
     Office of Domestic Preparedness (ODP) within the Office of 
     Justice Programs will enhance the preparedness and response 
     capabilities of State and local entities with responsibility 
     for responding to terrorist attacks. Within the funding 
     provided for Formula Grants, up to $5,000,000 shall be made 
     available for the continued support of the Domestic 
     Preparedness Equipment Technical Assistance Program, a 
     partnership between the ODP and the Pine Bluff Arsenal. The 
     conferees are aware that the September 11, 2001, terrorist 
     attacks also impacted Connecticut. Accordingly, the conferees 
     encourage ODP to work with Connecticut to expedite the 
     release of any grant funds that may be warranted. The 
     distribution of funding is as follows:


                           Justice assistance

                         [Dollars in Thousands]

Office of Justice Programs, Justice Assistance:
  Aircraft for NYC for counterterrorism and other required activit9,800
  Capital Wireless Integrated Network in the Washington Metropolitan 
    area.........................................................20,000
Training Programs:
  Center for Domestic Preparedness, Ft. McClellan, Alabama.......17,000
  Nat'l Energetic Materials Research and Testing Center, New Mexi11,500
  Nat'l Emergency Response and Rescue Training Ctr, Texas A&M....11,500
  Nat'l Exercise, Test, and Training Center, Nevada Test Site....11,500
  Nat'l Center for Bio-Med Research, Training, Louisiana State 
    University...................................................11,500
  Training Grants and Support....................................16,000
Exercises:
  Exercise Grants/Support to States/Exercise Mgmt................33,900
  TOPOFF II.......................................................4,000
  Program Evaluation/After Action Analysis........................5,000
  Technical Assistance............................................8,000
Management and Administration.....................................8,000
  Formula Grants................................................212,300
  Prepositioned Equipment........................................20,000
                                                       ________________
                                                       
    Total, Justice Assistance...................................400,000

               State and Local Law Enforcement Assistance

       The conference agreement includes $251,100,000 for Byrne 
     Discretionary grants under the State and Local Law 
     Enforcement Assistance programs within the Office of Justice 
     Programs. Funding provided shall be available only for 
     allocation to State and local public safety entities for 
     expenses for emergency preparedness equipment, training, and 
     other public safety purposes in their jurisdictions. The 
     distribution of funding is as follows:


               State and local law enforcement assistance

                         [Dollars in Thousands]

Virginia:
  Fairfax County................................................$12,000
  City of Alexandria..............................................8,000
  City of Fairfax.................................................1,500
  City of Falls Church..............................................500
  Loudoun County..................................................4,300
  City of Manassas................................................1,500
  Manassas Park.....................................................500
  Virginia State Police for counterterrorism measures............13,900
  Arlington County...............................................16,000
  Prince William County...........................................4,300
                                                       ________________
                                                       
    Subtotal for Virginia........................................62,500
                                                       ================

New Jersey:
  New Jersey State Police Radio System...........................30,000

[[Page H10808]]

  Jersey City Police for modernization for a communications syste10,700
  Newark, New Jersey Police Department for security equipment.....5,000
  City of Newark, New Jersey......................................5,000
                                                       ________________
                                                       
    Subtotal for New Jersey......................................50,700
                                                       ================

Maryland:
  Interoperability of communications, IT systems..................7,020
  Upgrades to the technology infrastructure and coordination between 
    the Federal, State and local law enforcement and public health 
    agencies to prevent and respond to a biochemical attack on the 
    Washington, DC region........................................10,573
  Add and equip with robots four additional bomb squad units and 
    provide for the rapid response of those units.................3,468
  Crime laboratory equipment and training.............................9
  Police field operations equipment.................................508
  Baltimore Washington Airport bomb and canine teams................986
  Prince George's County, MD for disaster preparedness............7,885
  Montgomery County, MD for major incident preparedness...........8,551
                                                       ________________
                                                       
    Subtotal for Maryland........................................39,000
                                                       ================

New York:
  New York City for Counterrorism Preparedness Training and Equip28,680
  New York City Law Enforcement Telecommunications and Computers..9,560
  New York City Security Enhancements.............................9,560
  New York Statewide Wireless Network............................24,000
                                                       ________________
                                                       
    Subtotal for New York........................................71,800
                                                       ================

Pennsylvania: Major incident preparedness.........................5,000
CyberSecurity Initiative..........................................5,000
Utah Olympics Public Safety Command..............................17,100
                                                       ________________
                                                       
    Total, State and Local Law Enforcement Assistance...........251,100

                           Crime Victims Fund

       The conference agreement includes $68,100,000 for the 
     Office for Victims of Crime, as proposed in both the House 
     and Senate bills. These funds will provide grants to 
     counseling programs for the victims of the September 11, 
     2001, terrorist attacks, as well as their families and crisis 
     responders. Grants will go to government and private 
     organizations providing services to victims residing in New 
     York, New Jersey, Virginia, and other States as needed.

                         Department of Commerce

                   International Trade Administration


                     Operations and Administration

       The conference agreement includes $1,000,000 for additional 
     security enhancements for 45 overseas posts not collocated in 
     embassies or chanceries, instead of $750,000 as proposed in 
     the House bill and $1,500,000 as proposed in the Senate bill. 
     No funding is included for a security survey of domestic 
     offices.

                         Export Administration


                     operations and administration

       The conference agreement includes $1,756,000 for overseas 
     export enforcement attaches and a project matrix, as proposed 
     in both the House and Senate bills.

       National Telecommunications and Information Administration


    public telecommunications facilities, planning and construction

       The conference agreement includes $8,250,000 for emergency 
     grants to assist public broadcasters in restoring 
     broadcasting facilities and capabilities that were destroyed 
     in the collapse of the World Trade Center towers, as proposed 
     in both the House and Senate bills. In addition, language is 
     included providing a waiver of matching requirements, as 
     proposed in the House bill. The Senate bill did not include 
     similar language.

               United States Patent and Trademark Office


                         salaries and expenses

       The conference agreement includes $1,500,000 for security 
     upgrades for the U.S. Patent and Trademark Office, instead of 
     $3,360,000 as proposed in the Senate bill. The House bill did 
     not include funding under this heading.

             National Institute of Standards and Technology


             scientific and technical research and services

       The conference agreement includes $5,000,000 for a new 
     program to develop and implement cyber-intrusion and 
     detection technologies as part of a cyber security 
     initiative, instead of $10,400,000 as proposed in the Senate 
     bill. The House bill did not include funding under this 
     heading. No funds are provided under this heading for 
     additional perimeter security.


                  construction of research facilities

       The conference agreement includes $1,225,000 for increased 
     security upgrades to NIST facilities, as proposed in the 
     Senate bill. The House bill did not include funding under 
     this heading.

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

       The conference agreement includes $750,000 for licensing 
     and enforcement of commercial satellite remote sensing, as 
     proposed in both the House and Senate bills. In addition, 
     $2,000,000 is included for increased security measures at 
     U.S. satellite control facilities, as proposed in the Senate 
     bill.
       The conferees agree that in the Statement of Managers 
     accompanying the Conference Report on H.R. 2500, under the 
     heading ``National Oceanic and Atmospheric Administration, 
     Operations, Research, and Facilities, Program Support'', 
     ``McArthur,'' shall be stricken and ``Townsend Cromwell'' 
     inserted, and in the chart under ``NWS, NWSTG'', ``CIP'' 
     shall be stricken and ``Mt. Weather'' inserted.

                         Department Management


                         salaries and expenses

       The conference agreement includes $4,776,000, instead of 
     $881,000 as provided in the Senate bill, and $8,636,000 as 
     provided in the House bill. This amount includes $3,291,000 
     for increased contract guard services at the Herbert C. 
     Hoover Building and Other Department of Commerce facilities, 
     $485,000 for security equipment, and $1,000,000 for Voice-
     over Internet Protocols.

                             The Judiciary

                   Supreme Court of the United States


                    care of the building and grounds

       The conference agreement includes $30,000,000 for the 
     Supreme Court ``Care of the Building and Grounds'' account 
     for security enhancements as provided in the Senate bill, 
     instead of $10,000,000 as provided in the House bill.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses

       The conference agreement includes $5,000,000 for Courts of 
     Appeals District Courts, and Other Judicial Services for 
     emergency communications equipment as provided in the Senate 
     bill.


                             court security

       The conference agreement includes $57,521,000 for security 
     requirements of the Federal Judiciary as provided in the 
     Senate bill, instead of $21,500,000 as provided in the House 
     bill.

            Adminstrative Office of the United States Courts


                         Salaries and Expenses

       The conference agreement includes $2,879,000 for the 
     Administrative Office of the United States Courts to enhance 
     security at the Thurgood Marshall Federal Judiciary Building 
     as provided in the Senate bill. The House bill did not 
     include funding under this heading.

                 Department of State and Related Agency

                             Related Agency

                     Roadcasting Board of Governors


                 International Broadcasting Operations

       The conference agreement includes $9,200,000 for 
     International Broadcasting Operations for operational costs 
     of surrogate radio broadcasting by Radio Free Europe/Radio 
     Liberty to the people of Afghanistan in languages spoken in 
     Afghanistan as proposed in the House bill. The Senate bill 
     did not include funding under this heading.


                   Broadcasting Capital Improvements

       The conference agreement includes $10,000,000 for 
     Broadcasting Capital Improvements for capital requirements 
     associated with surrogate radio broadcasting by Radio Free 
     Europe/Radio Liberty to the people of Afghanistan in 
     languages spoken in Afghanistan as proposed in the House 
     bill. The Senate bill did not include funding under this 
     heading.

                            Related Agencies

                Equal Employment Opportunity Commission


                         Salaries and Expenses

       The conference agreement includes $1,301,000 for response 
     and recovery needs for the Commission's New York City office 
     as proposed in both the House and Senate bills.

                   Securities and Exchange Commission


                         Salaries and Expenses

       The conference agreement includes $20,705,000 for disaster 
     recovery needs for the Commission's New York regional office, 
     as proposed in both the House and Senate bills.

[[Page H10809]]

                     Small Business Administration


                     Business Loans Program Account

       The conference agreement includes $75,000,000 for business 
     loan subsidies related to the terrorist acts in New York, 
     Virginia, and Pennsylvania, on September 11, 2001, as 
     proposed in the Senate bill, with a technical modification. 
     The House bill did not include funding under this heading. 
     The conferees take particular note of the devasting effects 
     that the tragic events of September 11, 2001, have had upon 
     the software/information technology industry in and around 
     New York City and other affected areas. The conferees 
     encourage the SBA to work with these companies, as 
     appropriate, in the administration of programs funded in this 
     Act.

                     Disaster Loans Program Account

       The conference agreement includes $75,000,000 for disaster 
     loan subsidies as proposed in the Senate bill, with a 
     technical modification, instead of $140,000,000 as proposed 
     in the House bill.

                    General Provisions--This Chapter

       The conference agreement includes the following general 
     provisions:
       Sec. 201.--The conference agreement includes Section 201, 
     waiving certain authorization requirements, as proposed in 
     the House bill
       Sec. 202.--The conference agreement includes Section 202, 
     regarding Small Business Administration disaster loans in 
     response to the September 11, 2001, terrorist attacks, 
     proposed as Section 201 in the Senate bill.
       Sec. 203.--The conference agreement includes Section 203, 
     regarding Small Business Administration disaster and business 
     loans in response to the September 11, 2001, terrorist 
     attacks, proposed as Section 202 in the Senate bill.
       Sec. 204--The conference agreement includes Section 204, 
     regarding a report on the United States-People's Republic of 
     China Science and Technology Agreement of 1979, proposed as 
     Section 203 in the Senate bill.
       Sec. 205.--The conference agreement includes Section 205, 
     regarding an Alaska fishing capacity reduction program, 
     proposed as Section 204 in the Senate bill.
       Sec. 206.--The conference agreement includes Section 206, 
     proposed as Section 102 of Division D of the Senate bill, 
     making a technical correction to Public Law 107-77.
       Sec. 207--The conference agreement includes Section 207, 
     proposed as Section 103 of Division D of the Senate bill, 
     making a technical correction to Public Law 107-77.
       Sec. 208--The conference agreement includes Section 208, 
     proposed as Section 105 of Division D of the Senate bill, 
     making a technical correction to Section 626 of Public Law 
     107-77. The language included in Section 626(c) of Public Law 
     107-77 quashed the Department of State's motion to vacate the 
     judgment obtained by plaintiffs in Case Number 
     1:00CV03110(EGS) and reaffirmed the validity of this claim 
     and its retroactive application. Nevertheless, the Department 
     of State continued to argue that the judgment obtained in 
     Case Number 1:00CV03110(EGS) should be vacated after Public 
     Law 107-77 was enacted. The provision included in Section 
     626(c) of Public Law 107-77 acknowledges that, 
     notwithstanding any other authority, the American citizens 
     who were taken hostage by the Islamic Republic of Iran in 
     1979 have a claim against Iran under the Antiterrorism Act of 
     1996 and the provision specifically allows the judgment to 
     stand for purposes of award damages consistent with Section 
     2002 of the Victims of Terrorism Act of 2000 (Public Law 106-
     386, 114 Stat. 1541).
       The conference agreement does not include language proposed 
     in the Senate bill regarding the HUBZone program of the Small 
     Business Administration (SBA). Instead, the conferees direct 
     the SBA to allocate an amount not to exceed $2,000,000 within 
     the level provided for non-credit programs under the 
     ``Salaries and Expenses'' account in the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2002 (Public Law 107-77) for the 
     HUBZone program, subject to the reprogramming requirements in 
     section 605 of Public Law 107-77. In addition, the 
     Administrator of the SBA shall make quarterly reports to the 
     Committees on Appropriations of the House and Senate 
     regarding all actions taken by the SBA to address the 
     deficiencies in the HUBZone program identified by the General 
     Accounting Office in report number GAO-02-57 of October 26, 
     2001.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE


                    defense emergency response fund

       Chapter 3 of the conference agreement provides a total of 
     $3,395,600,000 in new budget authority for the Department of 
     Defense, instead of $7,242,911,000 as proposed by the House 
     and $1,525,000,000 as proposed by the Senate.
       Specific allocations of funds agreed to by the conferees, 
     pursuant to new appropriations provided in this chapter as 
     well as transfers of other funds, include the following:

        Category/Program                                         Amount
Situational Awareness......................................$850,000,000
Increased World-wide Posture..............................1,495,000,000
  OPTEMPO...............................................(1,495,000,000)
Offensive Counterterrorism..................................372,000,000
  Munitions...............................................(230,000,000)
    JDAM..................................................(130,000,000)
    Laser Guided Bomb Kits................................(100,000,000)
  Special Operations Command..............................(142,000,000)
Pentagon Renovation....................................................
  Appropriations in this Act................................475,000,000
  Additional appropriations by transfer (Section 305):......300,000,000
Initial Crisis Response......................................39,100,000
  Port Security............................................(31,000,000)
   CBIRF deployment and other: DoD support to the Capitol...(8,100,000)
Relocation Costs and other purposes.........................164,500,000
  Pentagon Relocation Costs................................(33,000,000)
  Advance Identification Friend or Foe for ANG.............(35,000,000)
  Transportation Multi-Platform Gateway for AWACS..........(20,000,000)
  National Infrastructure Simulation Analysis Center.......(20,000,000)
  DDR&E Quick reaction munitions research..................(15,000,000)
  Lynx Synthetic Aperture Radar............................(15,000,000)
  Olympics Support.........................................(15,000,000)
  COTS Blast Visualization Research.........................(5,000,000)
  COTS Blast Mitigation Research............................(5,000,000)
  USAMRIID Feasibility/Infrastructure Study.................(1,000,000)
  National Remembrance Memorial...............................(500,000)
Additional Allocations of Funds Derived By Transfer.........130,000,000
  FSUTR Biological Weapons Stockpile Reduction...............30,000,000
  DoD Military and Logistical Support (Section 304).......(100,000,000)

       The conferees designate these specific funding allocations 
     as items of congressional interest, for purposes of complying 
     with established procedures regarding transfers and proposed 
     reprogramming of funds.

                          Classified Programs

       The conferees' recommendations regarding classified 
     programs are addressed in a classified annex accompanying 
     this report.

                        Pentagon Reconstruction

       Section 305 of the conference agreement appropriates 
     $475,000,000 to continue reconstruction of the Pentagon 
     Reservation to repair damage inflicted as a result of the 
     attack on September 11, 2001. The conferees commend the hard 
     work and dedication of the workers and managers responsible 
     for this reconstruction effort, and endorse efforts to 
     complete this endeavor in record time.
       The conference agreement also includes a provision (section 
     305(b)), transferring an additional $300,000,000 from 
     unobligated and uncommitted funds appropriated to the 
     President in Public Law 107-38 to finance the simultaneous 
     construction and hardening of military command centers at the 
     Pentagon. Prior to September 11 the Pentagon renovation plan 
     included above ground and unhardened military command 
     centers. The conferees concur that it is now only prudent for 
     security purposes that these critical command centers be 
     relocated below ground and hardened against catastrophic 
     attack at the earliest opportunity. This change in plan must 
     be made now before overall Pentagon reconstruction design, 
     construction, and budgetary decisions are set in place. It is 
     expected that this change will accelerate completion of the 
     entire renovation project from 2014 to 2010, at an estimated 
     additional cost of $800,000,000. The conferees believe this 
     acceleration is important for the national security and for 
     the safety of the 25,000 men and women who work in the 
     Pentagon complex.

                  Former Soviet Union Threat Reduction

       The conference agreement includes language transferring 
     $30,000,000 of unobligated balances from the ``Former Soviet 
     Union Threat Reduction'' appropriation to the Department of 
     State, in support of the Biological Weapons Redirect and 
     Science and Technology Centers programs. The conferees 
     endorse the use of these funds as proposed in the House 
     report, including the redirection of former Soviet biological 
     production facilities to vaccine production, and efforts to 
     engage former Soviet biological weapons scientists in 
     collaborative research with U.S. corporations to develop new 
     vaccine and drug therapies for highly infectious diseases.

                       Quick Reaction Activities

       The conferees recommend $15,000,000 only for quick reaction 
     capabilities to develop and deploy promising new weapons and 
     other counter-terrorism and counter-WMD capabilities that are 
     recommended by the Department of Defense Combating Terrorism 
     Technology Task Force.

              Blast Modeling--Visualization and Mitigation

       The conferees recommend $5,000,000 only for the conversion 
     of current CIA/OTI technology for use by the USAF Force 
     Protection Battlelab, to accelerate efforts to quickly 
     produce accurate blast models for specific or unique 
     structures and to assist in choosing specific deployment and 
     billeting locations. An additional $5,000,000 is provided 
     only for Blast Mitigation Research, involving field testing 
     of explosives tests against structures.

[[Page H10810]]

      U.S. Army Medical Research Institute for Infectious Diseases

       Due to the terrorist acts of September 11, 2001 and the 
     anthrax incidents that followed, the DoD is developing an 
     expanded role for the United States Army Medical Research 
     Institute for Infectious Diseases (USAMRIID), the lead DoD 
     laboratory for medical aspects of biological warfare defense. 
     The conferees provide $1,000,000 to the Army, only for the 
     purpose of conducting a feasibility study to finalize the 
     mission of USAMRIID and determine the infrastructure 
     requirements and associated costs needed to accommodate 
     USAMRIID's expanded role. The conferees direct the Secretary 
     of Army to submit a report on the results of this study and 
     plans for including a facility expansion in the Future Years 
     Defense Plan (FYDP) to the congressional defense committees 
     no later than March 15, 2002.

            Future Requests for Supplemental Appropriations

       The conferees agree with direction in the House report 
     which directs that future supplemental appropriations 
     requests for defense and intelligence activities in response 
     to the attacks of September 11, 2001, as well as any other 
     supplemental requests for the Department of Defense and the 
     Intelligence Community, be submitted using the traditional 
     appropriations account format and detailed supporting and 
     justification materials.

                 Defense Emergency Response Fund Report

       In light of the adjustments recommended by the conferees to 
     the supplemental request, and other guidance regarding the 
     use of previously allocated defense and intelligence funds 
     from Public Law 107-38, the conferees direct that not later 
     than 45 days following enactment of this Act the Secretary of 
     Defense and the Director of Central Intelligence, in 
     consultation with OMB, provide the House and Senate 
     Committees on Appropriations with a revised, comprehensive 
     and detailed report, using the guidelines in the House 
     report, regarding the overall allocation of all 
     appropriations for defense and intelligence activities 
     (including obligations up to that point, and forecasted 
     expenditures) made available from Public Law 107-38. Similar 
     reports shall be submitted quarterly during fiscal year 2002 
     following submission of the first report.

                    General Provisions--This Chapter

       The conference agreement includes a general provision 
     (Section 301) which retains a provision proposed in the 
     supplemental request, and amended in the House bill, which 
     establishes the terms and conditions under which funds 
     appropriated under the heading ``Defense Emergency Response 
     Fund'' may be used, provides transfer authority for these 
     funds, and includes a number of reporting requirements.
       The conference agreement includes a general provision 
     (Section 302) which amends a similar provision proposed in 
     the supplemental request, and in the House and Senate bills, 
     which allows funds in the appropriations account ``Support 
     for International Sporting Competitions, Defense'' to be used 
     to reimburse members of the National Guard while performing 
     State active duty or full-time National Guard duty, and 
     temporarily waives the requirement to obtain certification 
     from the Attorney General for the Department's assistance to 
     the 2002 Winter Olympic Games in order to meet safety and 
     security needs.
       The conference agreement includes a general provision 
     (Section 303) which provides that 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).
       The conference agreement includes a general provision 
     (Section 304) identified by Administration officials, which 
     provides that not to exceed $100,000,000 of funds in the 
     Defense Emergency Response Fund may be made available for 
     payments to Pakistan and Jordan for support in connection 
     with Operation Enduring Freedom. The conferees direct that 
     funds subject to this provision do not include funds in this 
     Act, and are limited only to those funds previously made 
     available in Public Law 107-38 and formally allocated to the 
     Department of Defense consistent with that Act's 
     notifications by the President to the Congress.
       The conference agreement includes a general provision 
     (Section 305) regarding the reconstruction of the Pentagon, 
     as discussed earlier in this statement.
       The conference agreement includes a general provision 
     (Section 306) providing additional transfer authority to the 
     Operation and Maintenance accounts of the Department of 
     Defense, if required to meet costs incurred in support of 
     Operations Enduring Freedom and Noble Anvil.

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

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

       The conference agreement appropriates $7,144,000 to remain 
     available until September 30, 2003 as proposed by the Senate 
     instead of $12,144,209 to remain available until expended as 
     proposed by the House.

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

       The conference agreement appropriates $1,032,000 to remain 
     available under September 30, 2003 as proposed by the Senate 
     instead of $1,032,342 to remain available until expended as 
     proposed by the House.

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

       The conference agreement appropriates $10,355,000 to remain 
     available until September 30, 2003 as proposed by the Senate 
     instead of $10,354,415 to remain available until expended as 
     proposed by the House.

  Federal Payment to the District of Columbia for Pharmaceuticals for 
                               Responders

       The conference agreement appropriates $2,100,000 to remain 
     available until September 30, 2003 as proposed by the Senate 
     instead of $2,100,000 to remain available until expended as 
     proposed by the House.

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

       The conference agreement appropriates $14,960,000 to remain 
     available until September 30, 2003 as proposed by the Senate. 
     The House bill contained no similar appropriation.

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

       The conference agreement appropriates $8,850,000 to remain 
     available until September 30, 2003 as proposed by the Senate. 
     The House bill contained no similar appropriation.

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

       The conference agreement appropriates $1,780,000 to remain 
     available until September 30, 2003 as proposed by the Senate. 
     The House bill contained no similar appropriation.

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

       The conference agreement appropriates $8,000,000 to remain 
     available until September 30, 2003 as proposed by the Senate. 
     The House bill contained no similar appropriation.

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

       The conference agreement appropriates $45,494,000 to remain 
     available until September 30, 2003 instead of $43,994,000 to 
     remain available until September 30, 2003 as proposed by the 
     Senate. The conference agreement also includes language as 
     proposed by the Senate requiring that a plan for integrating 
     the communications systems of local, regional and Federal law 
     enforcement agencies be submitted to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     no later than June 15, 2002. The House bill contained no 
     similar appropriation or language.

   Federal Payment to the District of Columbia for Emergency Traffic 
                               Management

       The conference agreement appropriates $20,700,000 to remain 
     available until September 30, 2003 as proposed by the Senate. 
     The House bill contained no similar appropriation.

 Federal Payment to the District of Columbia for Training and Planning

       The conference agreement appropriates $9,949,000 to remain 
     available until September 30, 2003 instead of $11,449,000 to 
     remain available until September 30, 2003 as proposed by the 
     Senate. The House bill contained no similar appropriation. 
     The reduction of $1,500,000 from the Emergency Management 
     Agency reflects the fact that funding for the Agency for 
     training and planning was provided in the District of 
     Columbia Appropriations Act, 2002 (H.R. 2944).

  Federal Payment to the District of Columbia for Increased Facility 
                                Security

       The conference agreement appropriates $25,536,000 to remain 
     available until September 30, 2003 as proposed by the Senate. 
     The House bill contained no similar appropriation.

 Federal Payment to the Washington Metropolitan Area Transit Authority

       The conference agreement appropriates $39,100,000 to remain 
     available until September 30, 2003 and includes $2,200,000 
     for completion of the fiber optic network project and 
     $15,000,000 for a chemical emergency sensor program instead 
     of $39,100,000 to remain available until September 30, 2003 
     which included $17,200,000 for completion of the fiber optic 
     network project and an automatic vehicle locator system as 
     proposed by the Senate. The conference agreement shifts 
     $15,000,000 included in the $17,200,000 for the automatic 
     vehicle locator system to a chemical and biological detection 
     initiative to protect transit facilities. The automatic 
     vehicle locator system will be funded from other Federal 
     funds received by the Authority for security improvements.

 Federal Payments to the Metropolitan Washington Council of Governments

       The conference agreement appropriates $5,000,000 to remain 
     available until September 30, 2003 as proposed by the Senate 
     to enhance regional emergency preparedness, coordination and 
     response and to develop a comprehensive regional emergency 
     preparedness, coordination and response plan. The

[[Page H10811]]

     House bill contained no similar appropriation. The conferees 
     request an interim report on the status of the comprehensive 
     regional plan by September 30, 2002, and a final report by 
     September 30, 2003.

                  Family Court Act of 2001 (H.R. 2657)

       The conferees agree that the Joint Committee on Judicial 
     Administration of the District of Columbia Courts may use 
     operating funds as necessary to implement the District of 
     Columbia Family Court Act of 2001 (H.R. 2657). The conferees 
     on the District of Columbia Appropriations Act, 2002 (H.R. 
     2944) intended that the District of Columbia Courts would use 
     funds provided under the heading ``Federal Payment for Family 
     Court Act'' for any expenses related to implementing family 
     court reform. The conferees did not intend or expect the 
     District of Columbia Courts to be penalized for expenditures 
     or reimbursements of operating expenses when legitimate 
     family court reform expenses were incurred.
       The conferees request the Joint committee to maintain a 
     separate accounting of those expenses that are attributable 
     to family court reform and those general operating expenses 
     that are unrelated to family court reform.

                       District of Columbia Funds


                          Division of Expenses

       Language is included under ``District of Columbia Funds'' 
     to allow the District government to obligate and spend the 
     Federal payments appropriated earlier in this chapter to the 
     District government's general fund.

                    General Provisions--This Chapter

       The conference agreement includes language in section 401 
     that authorizes the Chief Financial Officer of the District 
     of Columbia to transfer up to 5 percent of the funds 
     appropriated to the District in this chapter after advance 
     written notification to the Committees on Appropriations.
       The conference agreement includes language in section 402 
     that requires the chief financial officers of the District of 
     Columbia government and the Metropolitan Washington Area 
     Transit Authority and the Executive Director of the 
     Metropolitan Washington Council of Governments to provide 
     quarterly reports beginning no later than March 15, 2002.
       The conference agreement includes language in a new section 
     403 that requires all funds in this chapter to be apportioned 
     quarterly by the Office of Management and Budget. The 
     conference agreement also inserts a proviso that requires all 
     funds in this chapter to be made available no later than 
     September 30, 2002.
       The conference agreement includes language in a new section 
     404 that makes a technical correction to the District of 
     Columbia Appropriations Act, 2002 (H.R. 2944).

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil


                   operation and maintenance, general

       The conference agreement includes $139,000,000 to support 
     increased security at Corps of Engineers owned and operated 
     infrastructure facilities as proposed by the House and the 
     Senate.

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      water and related resources

       The conference agreement includes $30,259,000 to support 
     increased security at Bureau of Reclamation owned and 
     operated infrastructure facilities as proposed by the House 
     and the Senate.

                          DEPARTMENT OF ENERGY

                            Energy Programs


                             energy supply

       The conferees agree that the amount appropriated by Title 
     III of the Energy and Water Development Appropriations Act, 
     2002 (Public Law 107-66) under the Energy Supply account for 
     ``Renewable Energy Resources'', subaccount ``Electric energy 
     systems and storage'', is increased by $10,000,000, with a 
     corresponding general reduction of $10,000,000 applied to the 
     total ``Renewable Energy Resources'' account. Such general 
     reduction is to be applied on a pro rata basis to all 
     programs, projects, and activities under the ``Renewable 
     Energy Resources'' account and in accordance with guidance 
     previously provided in the Energy and Water Development 
     Appropriations Act, 2002.

                    Atomic Energy Defense Activities

                National Nuclear Security Administration


                           weapons activities

       The conference agreement provides $131,000,000 for Weapons 
     activities as proposed by the Senate instead of $88,000,000 
     as proposed by the House. Of these funds, $76,000,000 is to 
     address safeguards and security configuration vulnerabilities 
     throughout the nuclear weapons complex; $30,000,000 is to 
     accelerate deployment of near-term cyber security measures at 
     all nuclear weapons complex sites; and $25,000,000 is to 
     provide additional resources for secure transportation asset 
     safeguards system operations including $1,000,000 for program 
     direction activities.
       The conferees strongly urge the National Nuclear Security 
     Administration to use a portion of the resources provided to 
     develop its extensive capabilities in security and counter-
     terrorism technologies and make them available to other 
     government agencies as appropriate.


                    defense nuclear nonproliferation

       The conference agreement includes $226,000,000 for Defense 
     Nuclear Nonproliferation as proposed by the Senate instead of 
     $18,000,000 as proposed by the House. Funding of $78,000,000 
     is provided for nonproliferation and verification research 
     and development, including $18,000,000 for development 
     activities to automate more of the processes and increase the 
     number of agents that can be detected with the Biological 
     Aerosol Sentry and Information System (BASIS), a prototype 
     biological detection system to provide civilian public health 
     systems with early warning of airborne biological agents. 
     From within available funds for research and development, 
     research is to be conducted with respect to radiological 
     dispersion devices known as ``dirty bombs''.
       Funding of $120,000,000 is provided for the International 
     Materials Protection, Control and Accounting program to 
     secure nuclear materials at sites in Russia and the Newly 
     Independent States.
       An additional $15,000,000 has been provided to the Russian 
     Transition Initiatives program for the Nuclear Cities 
     Initiative and the Initiatives for Proliferation Prevention 
     program.
       Additional funding of $10,000,000 is provided for the 
     International Nuclear Safety Program to improve the safety of 
     Soviet-designed nuclear reactors, and an additional 
     $3,000,000 is provided for the program direction account.
       Within available fiscal year 2002 funds, the Department is 
     directed, in conjunction with other Federal agencies and 
     departments, to accelerate the development and deployment of 
     the PROTECT program, a chemical agent defensive system to 
     cover multiple stations and tunnels in a high-threat section 
     of the Washington Metropolitan Area Transit Authority subway 
     system and to expand the program to include one Boston 
     transit station.


               environmental and other defense activities

         defense environmental restoration and waste management

       The conference agreement provides $8,200,000 for Defense 
     Environmental Restoration and Waste Management as proposed by 
     the House and the Senate. Of this funding, $3,300,000 is for 
     the Hanford site in Washington and $4,900,000 is for the 
     Savannah River Site in South Carolina to provide additional 
     safeguards and security measures.


                        other defense activities

       The conference agreement provides $3,500,000 for Other 
     Defense Activities as proposed by the House and the Senate. 
     Of these funds, $2,500,000 is to expand the protective 
     forces, replace outdated alarm and radio systems, and install 
     public address systems at the Department of Energy's 
     Washington, D.C., facilities. Funding of $1,000,000 will be 
     used to purchase and accelerate deployment of distributed air 
     sampling units for the detection of biological agents using 
     the prototype Biological Aerosol Sentry and Information 
     System.

                           Independent Agency

                     Nuclear Regulatory Commission


                         salaries and expenses

       The conference agreement includes $36,000,000 for salaries 
     and expenses at the Nuclear Regulatory Commission as proposed 
     by the Senate. These additional resources are to be used: re-
     analyze the vulnerabilities and physical protection 
     requirements for NRC-licensed facilities and for radioactive 
     materials in transit; re-analyze the design basis threats 
     which are used to design safeguards systems to protect 
     against acts of radiological sabotage and to prevent the 
     theft of nuclear materials; strengthen the processes used 
     to authorize access to NRC-licensed facilities; upgrade 
     NRC's emergency preparedness and incident response 
     programs; and strengthen NRC's infrastructure and 
     communications capabilities. The conferees direct the 
     Commission to utilize the resources of the National 
     Infrastructure Simulation and Analysis Center in these 
     efforts. The conferees intend that these funds shall be 
     excluded from license fee revenues.

                    General Provisions--This Chapter

       Sec. 501. The conference agreement includes a provision 
     proposed by the Senate which provides that 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. These funds are to be made 
     available from funds provided to the Carlsbad Office.
       Sec. 502. The conference agreement includes a technical 
     correction proposed by the Senate to provide $400,000 to 
     initiate construction on Nutwood Levee, Illinois, project. 
     This project was improperly described in the Energy and Water 
     Development Appropriations Act, 2002.
       Sec. 503. The conference agreement includes a provision 
     proposed by the Senate amending the Reclamation Safety of 
     Dams Act of 1978.
       Sec. 504. The conference agreement includes a technical 
     correction proposed by the Senate relating to the Jicarilla, 
     New Mexico, municipal water system. This project was included 
     under the wrong account in the Energy and Water Development 
     Appropriations Act, 2002.
       Sec. 505. The conference agreement includes a provision 
     proposed by the House relating to the Occoquan Creek, 
     Virginia, project.

[[Page H10812]]

                               CHAPTER 6

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  Agency for International Development


                   International Disaster Assistance

       The conference agreement provides an additional $50,000,000 
     for ``International Disaster Assistance'', to be obligated 
     from amounts made available in Public Law 107-38, for 
     reconstruction and humanitarian activities in Afghanistan. 
     The managers direct the United States Agency for 
     International Development to consult with the committees 
     prior to the obligation of funds for humanitarian and 
     reconstruction activities in Afghanistan.

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 Operation of the National Park System

       The conference agreement provides $10,098,000 for Operation 
     of the National Park System as proposed by both the House and 
     the Senate.


                       United States Park Police

       The conference agreement provides $25,295,000 for the 
     United States Park Police as proposed by both the House and 
     the Senate.


                              Construction

       The conference agreement provides $21,624,000 for 
     Construction as proposed by both the House and the Senate. 
     The agreement also includes language permitting the National 
     Park Service to issue single procurements for the full scope 
     of each construction project for security improvements at the 
     Washington Monument, the Lincoln Memorial, and the Jefferson 
     Memorial.

                          Departmental Offices

                        Departmental Management


                         Salaries and Expenses

       The conference agreement provides $2,205,000 for Salaries 
     and Expenses as proposed by both the House and the Senate.

                            Related Agencies


                        smithsonian institution

                         salaries and expenses

       The conference agreement provides $21,707,000 for Salaries 
     and Expenses as proposed by both the House and the Senate.


                        national gallery of art

                         salaries and expenses

       The conference agreement provides $2,148,000 for Salaries 
     and Expenses as proposed by both the House and the Senate.


             john f. kennedy center for the performing arts

                       operations and maintenance

       The conference agreement provides $4,310,000 for Operations 
     and Maintenance as proposed by both the House and the Senate.


                  national capital planning commission

                         salaries and expenses

       The conference agreement provides $758,000 for Salaries and 
     Expenses as proposed by both the House and the Senate. The 
     agreement makes these funds available for fiscal year 2002 
     only as proposed by the House. The Senate had proposed to 
     make the funds available until expended.

                    General Provisions, This Chapter

       Section 701 retains the text of section 601 authorizing the 
     Smithsonian Institution to collect and preserve in the 
     National Museum of American History artifacts relating to the 
     September 11, 2001 attacks on the World Trade Center and the 
     Pentagon as proposed by the Senate. The House had no similar 
     provision.
       Section 702 retains the text of section 602 clarifying the 
     treatment of Federal procurement programs for tribes and 
     Alaska Native Corporations with respect to minority and 
     disadvantaged business contracting as proposed by the Senate. 
     The House had no similar provision.
       The conference agreement does not include section 603, as 
     proposed by the Senate, expanding the number of Trustees of 
     the John F. Kennedy Center for the Performing Arts. The text 
     of a similar provision, originally proposed by the Senate in 
     Division E, Title II, section 201, is included in Division D 
     of the conference agreement. The House had no similar 
     provision.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

       The conference agreement provides $32,500,000 as proposed 
     by both the House and the Senate for 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

       The conference agreement provides $4,100,000 as proposed by 
     both the House and the Senate for State unemployment 
     insurance and employment service operations.

                     Workers Compensation Programs

       The conference agreement provides $175,000,000 as proposed 
     by both the House and the Senate for workers compensation 
     programs. Included in this amount is $125,000,000 for payment 
     to the New York State Workers Compensation Review Board, 
     $25,000,000 for payment to the New York State Uninsured 
     Employers Fund for reimbursement of claims related to the 
     terrorist attacks and $25,000,000 for payment to the New York 
     State Uninsured Employers Fund for reimbursement of claims 
     related to 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

       The conference agreement provides $1,600,000 as proposed by 
     both the House and the Senate for pension and welfare 
     benefits administration, salaries and expenses.

             Occupational Safety and Health Administration


                         salaries and expenses

       The conference agreement provides $1,000,000 as proposed by 
     both the House and the Senate for occupational safety and 
     health administration, salaries and expenses.

                        Departmental Management


                         salaries and expenses

       The conference agreement provides $5,880,000 as proposed by 
     both the House and the Senate for departmental management, 
     salaries and expenses.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                disease control, research, and training

       The conference agreement provides $12,000,000 as proposed 
     by both the House and the Senate for baseline safety 
     screening for emergency services personnel and rescue and 
     recovery personnel.

                        Office of the Secretary


            public health and social services emergency fund

       The conference agreement provides $140,000,000 for Grants 
     for Immediate Response as proposed by the Senate. The House 
     bill contained no similar provision. These funds shall be 
     distributed as grants to help pay for healthcare-related 
     costs incurred by organizations as a result of the 
     September 11, 2001 terrorist attacks. These funds are to 
     be allocated based upon the most current data available, 
     with priority and without caps, to applicants that, by 
     virtue of their proximity to an attack zone, the number of 
     patients served, or the provision of specialized services 
     such as trauma care, participated most directly in 
     disaster response efforts. These funds are not available 
     for costs that have otherwise been reimbursed or are 
     eligible for reimbursement from other sources.
       The conference agreement also provides $2,504,314,000 for 
     emergency expenses to respond to the September 11, 2001 
     terrorist attacks and for other expenses necessary to support 
     activities related to countering potential biological, 
     disease, and chemical threats to civilian populations. This 
     is $1,013,714,000 above the request.
       The agreement includes $865,000,000 for upgrading State and 
     local capacity instead of $423,000,000 as proposed by the 
     House and $1,000,000,000 as proposed by the Senate. The 
     conferees concur with language in the House report 
     recommending that a portion of this funding be provided under 
     the authority of sections 319B, 319C, and 319F of the Public 
     Health Service Act, as amended.
       The conferees believe that a portion of this funding should 
     be available immediately to meet the needs of State and local 
     health departments as a result of the September 11, 2001 
     attacks and other subsequent events related to terrorism. The 
     conferees also believe that a portion of this funding should 
     be granted under the authority of the Public Health Threats 
     and Emergencies Act, which calls for assessments of public 
     health needs, provides grants to State and local public 
     health agencies to address core public health capacity needs, 
     and provides assistance to State and local health agencies to 
     enable them to respond effectively to bioterrorist attacks. 
     The Secretary is requested to provide the House and Senate 
     Committees on Appropriations with a plan to distribute this 
     funding within 15 days of enactment of this Act. The 
     conferees concur with language contained in the House report 
     directing the Secretary to provide a report on the State of 
     the Nation's public health and medical preparedness for 
     bioterrorism.
       The conferees further believe that the peer review of 
     competitive grants required under 319C, while desirable under 
     normal circumstances, should be waived, at the discretion of 
     the Secretary, to expedite funding to address gaps in public 
     health preparedness.
       In administering assistance for enhancing laboratory 
     capacity, the conferees request CDC to ensure that funds are 
     made available, to the greatest extent possible, to all 
     laboratories participating in the Laboratory Response Network 
     and in need of capacity upgrades, as well as to labs in need 
     of upgrades in order to be brought into the network.
       The agreement includes $135,000,000 for grants to hospitals 
     and other entities to assist hospitals and emergency 
     departments in preparing for, and responding to, incidents 
     requiring mass immunization and treatment. This funding would 
     allow State and regional planning with local hospitals, 
     including community health centers. It would also allow some 
     communities to move beyond the planning phase and begin 
     implementation of their plans. The conferees urge the 
     Secretary to ensure that plans and activities supported with 
     these funds are integrated and coordinated with State and 
     local plans.
       The agreement includes $100,000,000 for upgrading capacity 
     at CDC. The agreement provides that up to $10,000,000 of 
     these funds

[[Page H10813]]

     shall be for the tracking and control of biological 
     pathogens. Funds are also included to update and enhance 
     existing laboratory protocols for use by State and local 
     health laboratories, to increase CDC's capacity to handle 
     additional laboratory samples from States, to enhance 
     epidemic intelligence service/disaster response teams, to 
     develop rapid toxic screening and other activities. The 
     agreement also includes $7,500,000 for environmental hazard 
     control activities conducted by CDC.
       The conferees understand that CDC is presently utilizing 
     microbial characterization technology that provides an 
     automated genetic fingerprint of any bacterium, has the 
     capacity to process a large volume of samples in a short time 
     frame, and can electronically communicate identified 
     bacterial ribotypes from multiple laboratory locations for 
     centralized identification. This diagnostic technology could 
     assist in redressing laboratory processing backlogs and 
     improving disease surveillance, including rapid detection of 
     a multiple-location bioagent release. The conferee surge CDC 
     to accelerate evaluation of this technology.
       The agreement includes $85,000,000 for bioterriorism-
     related research, including next-generation vaccine research 
     at the National Institute of Allergy and Infectious Diseases 
     (NIAID). The conferees encourage NIAID to conduct research on 
     safer alternatives to the existing smallpox vaccine, such as 
     a vaccine using an inactivated smallpox virus.
       The agreement also provides $70,000,000 for the 
     construction of a level-4 biosafety laboratory and related 
     infrastructure costs at NIAID. In addition, $71,000,000 is 
     included for improving laboratory security at CDC and the 
     National Institutes of Health. This is in addition to the 
     $250,000,000 provided in the CDC's appropriation for 
     buildings and facilities in the Departments of Labor, Health 
     and Human Services, and Education and Related Agencies 
     Appropriations Act for fiscal year 2002. The conferees 
     understand that the Department has under review 
     recommendations to expand the number of facilities in the 
     country to work with infectious agents and pathogens that 
     pose significant risk to the population. The conferees concur 
     that additional facilities are needed. The conferees are 
     aware of a proposal to improve and modernize existing 
     facilities and to complete construction of a new level-3 
     biosafety laboratory at Colorado State University in Fort 
     Collins, Colorado. The conferees strongly urge the 
     Secretary to support this proposal.
       The agreement includes $593,000,000 for the National 
     Pharmaceutical Stockpile and $512,000,000 for the purchase of 
     the smallpox vaccine. The conferees note that if we suffer a 
     major biological terror attack, such as introduction of 
     smallpox into multiple regions of the country, we will need 
     to vaccinate large numbers of Americans very quickly. the 
     conferees are aware that technology exists and has been 
     employed by the military to more rapidly inoculate large 
     groups. The conferees urge CDC to consider employing this 
     technology so that it is available in large cities and other 
     areas where the need is greatest.
       The agreement includes $55,814,000 for the Office of the 
     Secretary. These funds are for improving disaster medical 
     assistance teams, national disaster medical system readiness, 
     and other activities related to the coordination of the 
     Department's activities concerning bioterrorism preparedness 
     and response.
       The agreement includes $10,000,000 for the Substance Abuse 
     and Mental Health Services Administration for grants pursuant 
     to section 582 of the Public Health Service Act to develop 
     programs focusing on the behavioral and biological aspects of 
     psychological trauma response and for developing knowledge 
     with regard to evidence-based practices for treating 
     psychiatric disorders of children and youth resulting from 
     witnessing or experiencing a traumatic event.
       The agreement includes language to allow the Secretary to 
     transfer these amounts between categories subject to normal 
     reprogramming procedures as proposed by the Senate. The House 
     bill contained no similar provision.

                        DEPARTMENT OF EDUCATION


                      school improvement programs

       The conference agreement provides $10,000,000 as proposed 
     by both the House and the Senate for the Project School 
     Emergency Response to Violence program.

                            RELATED AGENCIES

                     National Labor Relations Board


                         salaries and expenses

       The conference agreement provides $180,000 as proposed by 
     both the House and the Senate for the National Labor 
     Relations Board, Salaries and Expenses.

                     Social Security Administration


                 limitation on administrative expenses

       The conference agreement provides $7,500,000 as proposed by 
     both the House and the Senate for the Social Security 
     Administration, Limitation on Administrative Expenses.

                               CHAPTER 9

                           Legislative Branch


                              Joint Items

                     (Including Transfer of Funds)

       The conferees approve $256,081,000 for the Legislative 
     Branch to ensure the continuance of government; to enhance 
     the safety and security of legislative branch offices, 
     systems and employees; and to meet the needs arising from the 
     recent anthrax-related events. Of this amount, $34,500,000 is 
     to be transferred to the Senate, $41,712,000 to the House, 
     $350,000 to the Capitol Guide Service and Special Services 
     Office, $31,000,000 to the Capitol Police Board, $106,304,000 
     to the Architect of the Capitol, $29,615,000 to the Library 
     of Congress, $4,000,000 to the Government Printing Office, 
     $7,600,000 to the General Accounting Office, and $1,000,000 
     as a grant to the United States Capitol Historical Society. 
     The conferees direct that none of the funds provided to the 
     Legislative Branch agencies (excluding the House of 
     Representatives and the Senate) are to be obligated without 
     prior approval of an obligation plan submitted to the 
     Committees on Appropriations of the House and Senate.
       The conferees direct the General Accounting Office to 
     review and report on the actual and planned obligation of 
     funds transferred to the entities of the Legislative Branch 
     (excluding the House of Representatives and the Senate) 
     pursuant to the Emergency Response Fund established by Public 
     law 107-38 and to submit quarterly status reports on all 
     expenditures to the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Significant costs have been incurred by the Legislative 
     Branch to respond to the anthrax-related events at the 
     Capitol Complex; approximately $23,000,000 has been included 
     in this chapter for the United States Capitol Police, the 
     Architect of the Capitol, the House of Representatives, the 
     Senate, the Library of Congress, and the General Accounting 
     Office. The conferees note that funds to reimburse the 
     Environmental Protection Agency and the Department of Defense 
     are included in other chapters of Division B. The conferees 
     recognize that these costs are continually being assembled 
     and will ensure adequate funding is provided to properly 
     respond to this unfortunate incident.
       The conferees recognize that several activities of the 
     United States Capitol Historical Society have been crippled 
     due to loss of tourism to the Capitol since September 11, 
     2001. The conferees are concerned over the financial 
     situation facing the Society and have included a $1,000,000 
     grant in order for the organization to maintain its 
     operations during the coming year. The conferees direct that 
     the United States Capitol Historical Society submit a 
     detailed spending plan and a plan for future self sufficiency 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate prior to February 15, 2002.
       The view of the critical need to increase the U.S. Capitol 
     Police Force the conferees authorize an additional 195 FTEs, 
     for a total of 1454 officers for fiscal year 2002. In 
     addition, 74 civilian FTEs are authorized, for a total of 296 
     civilian FTEs for fiscal year 2002. These additional civilian 
     positions are to establish an Office of Emergency Management 
     and a Chem-Bio Strike Team.

                Administrative Provisions--This Chapter

       The conferees have included administrative positions that: 
     authorizes the Senate Sergeant at Arms to acquire buildings 
     and facilities to respond to an emergency situation and enter 
     into a memorandum of understanding with an Executive Agency 
     during emergencies; authorizes the House Chief Administrative 
     Officer to acquire buildings and facilities to respond to an 
     emergency situation and enter into a memorandum of 
     understanding with an Executive Agency during emergencies; 
     relates to the operations of the House of Representatives; 
     authorizes any anthrax-contaminated mail delivered by the 
     U.S. Postal Service to the House of Representatives to be 
     destroyed or otherwise disposed of; to increases the salaries 
     of the Chief and Assistant Chief of the Capitol Police; 
     provides for recruitment and retention incentives for the 
     United States Capitol Police; authorizes the Capitol Police 
     to accept contributions of incidental items and services in 
     response to emergencies; provides assistance to the Capitol 
     Police by Executive Branch Departments and Agencies; 
     authorizes the Chief of Police, to deputize members of the 
     D.C. National Guard and duly sworn law enforcement personnel; 
     authorizes the U.S. Capitol Preservation Commission to 
     transfer funds from the Capitol Preservation Fund to the 
     Architect of the Capitol for the Capitol Visitors Center; 
     authorizes salary adjustments for four positions within the 
     Architect of the Capitol; and various technical adjustments 
     related to Public Law 107-68.

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

       The conference agreement provides $20,700,000 for Military 
     Construction, Army, instead of $55,700,000 as proposed by the 
     House. This funding will provide $4,600,000 for a classified 
     overseas project as requested by the President. The 
     additional funding will provide $7,000,000 for a classified 
     project in Utah, and $9,100,000 for three anti-terrorism/
     force projection projects at Fort Detrick in Maryland. The 
     Senate did not include a similar provision.
       California: Fort Ord.--The conferees are aware that the 
     Army will convey two parcels of land the former Fort Ord, 
     California, to the Fort Ord Reuse Authority (FORA) in the 
     future. The City of Seaside, which is a member of FORA, will 
     receive these parcels and could use the land to provide 
     recreational opportunities to disadvantaged youth. 
     Unfortunately, a feasibility study that will determine the 
     environmental remediation needed

[[Page H10814]]

     on the site is not scheduled for completion until 2005. The 
     conferees would support FORA requesting an early transfer of 
     this property, which would hasten the clean up of the 
     property and therefore the conveyance of the property for 
     these purposes.
       United States Army South Headquarters.--The conferees 
     understand that the Army has completed a study regarding a 
     potential move of the United States Army South Headquarters 
     from Fort Buchanan, Puerto Rico to Army bases in the 
     continental United States. The conferees direct that any 
     proposed relocation must be consistent with the mission and 
     geographic orientation of the U.S. Army South and in 
     accordance with and Army decision brief reviewing the various 
     site alternatives and recommending the preferred site. The 
     conferees further direct that the Army provide the House and 
     Senate Appropriations Committees the results of that study 
     and any further updates.
       The conferees further direct the Army to report to the 
     committee no later than February 28, 2002, the following 
     concerning this relocation: the number of military and 
     civilian personnel to be moved; the estimated cost; selection 
     criteria and analysis of alternatives; and, any changes to 
     the current plan.

                      Military Construction, Navy

       The conference agreement provides $2,000,000 for a 
     perimeter road at Thurmont Naval Support Facility in Maryland 
     as proposed by the House. The Senate did not include a 
     similar provision.

                    Military Construction, Air Force

       The conference agreement provides $46,700,000 for Military 
     Construction, Air Force, instead of $47,700,000 as proposed 
     by the House. This amount will provide $20,000,000 for 
     planning and design of a classified project. The additional 
     $26,700,000 is for construction of two classified overseas 
     projects. The Senate did not include a similar provision.

                  Military Construction, Defense-wide


                     (Including Transfer of Funds)

       The conference agreement provides $35,000,000 for Military 
     Construction, Defense-wide, to provide additional security 
     enhancements at four sites where stockpiles of weapons of 
     mass destruction are located. The House proposed funding this 
     project in the ``Military Construction, Army'' account. The 
     Senate did not include a similar provision.

                    General Provisions--This Chapter

       The conference agreement includes three general provisions.
       Section 1001 provides the Department of Defense (DOD) with 
     authority to use funds from the Defense Emergency Response 
     Fund (DERF) for military construction projects. The 
     Department is required to provide Congress with information 
     describing the project and its costs 15 days before 
     obligating the amounts.
       Despite Congressional intent that the $40,000,000,000 
     provided in P.L. 107-38 be used for purposes necessitated by 
     the events of September 11, 2001, the Office of Management 
     and Budget (OMB) and DOD unintentionally created a legal 
     barrier for the funds to be used for military construction 
     projects by depositing funds into the DERF account. As a 
     result, projects vital to the war effort and to homeland 
     security have been stalled while the Department worked 
     through the complexities of section 2808 of title 10. 
     Exercising the authority provided in this general provision 
     overcomes these obstacles.
       However, the conferees remain concerned that the recent 
     process has not been the most effective method for providing 
     funds for military construction projects when responding to 
     an emergency. Consequently, the conferees direct the 
     Department and OMB to analyze military 
     construction requirements in future defense emergencies so 
     they are properly included as part of any overall DOD/OMB 
     submission to Congress rather than separate form any other 
     defense emergency requirements.
       Under the existing authority of section 2808 of title 10, a 
     process exists for transferring prior year appropriations to 
     supplement the DERF account for military construction 
     required due to the terrorist acts of September 11, 2001. The 
     conferees direct DOD to use unobligated balances from fiscal 
     years prior to fiscal year 2002 for these purposes. Then, if 
     insufficient unobligated funds are available, fiscal year 
     2002 appropriations may be transferred. Additionally, DOD is 
     directed to notify Congress 15 days prior to any such 
     transfer, to submit an accompanying Form 1391, and to 
     consult, as is the current practice, about the source of 
     funds from which the transfer is derived.
       To date, DOD has used section 2808 authority on several 
     occasions, transferring $68,900,000 from authorized and 
     appropriated military construction projects to unauthorized 
     projects needed to effectively fight the war on terrorism and 
     to provide security in the United States. The conferees agree 
     that these projects are extremely important to adequately 
     respond to the terrorist acts of September 11, 2001, and note 
     that prior to invoking section 2808, the President must 
     declare war or a state of emergency. However, the conferees 
     direct DOD to reimburse accounts that were used as a source 
     of funds for any project executed under section 2808 
     authority.
       Yet, using unobligated balances from previously 
     appropriated projects effectively increases the 
     $40,000,000,000 in supplemental appropriations provided for 
     this purpose without a new appropriation. This action is 
     being taken despite the fact that OMB continues to publicly 
     assert that the $40,000,000,000 provided under the 
     Supplemental is more than sufficient to effectively prosecute 
     the war effort. Clearly, using section 2808 authority belies 
     this contention.
       Section 1002 amends section 138 of Public Law 106-246 by 
     inserting a new amount for completion of the Cadet Physical 
     Development Center at the Military Academy, West Point, New 
     York. The Army intends to pay for additional costs with 
     savings from prior appropriations. The conferees remain 
     concerned about cost overruns associated with this project 
     and direct the Army to complete the project as expeditiously 
     as possible within the current authorization.
       Section 1003 amends section 2202(a) of the National Defense 
     Authorization Act for Fiscal Year 2002 by making a technical 
     correction.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary


                 TRANSPORTATION SECURITY ADMINISTRATION

       The conference agreement includes $94,800,000 for the new 
     Transportation Security Administration instead of $15,000,000 
     as proposed by the House. The Senate provided no similar 
     appropriation. Within this total, $1,500,000 shall be for 
     intelligence and security activities and $93,300,000 shall be 
     for port security grants.
       Port security.--There are 361 public ports in the United 
     States and they conduct over 95 percent of United States 
     overseas trade. The Interagency Commission on Crime and 
     Security in U.S. seaports reported in the fall of 2000 that 
     the state of security in U.S. seaports generally ranges from 
     poor to fair and that control of access to the seaport or 
     sensitive areas within the seaport is often lacking. The 
     Commission found that criminal organizations are exploiting 
     weak security in ports to commit a wide range of cargo crimes 
     and that the vulnerability of American ports to potential 
     terrorist attacks is high. The Commission recommended minimum 
     security guidelines for U.S. seaports and implementation of a 
     five-year crime and security technology plan.
       The conference agreement includes $93,300,000 for grants to 
     U.S. seaports for security assessments and enhancements. The 
     funds provided in the conference agreement can be used for 
     security assessments and for implementation of measures once 
     assessments have been performed. The conferees do not intend 
     this grant funding to be used to displace current security 
     funding and activities either provided by the ports or by 
     federal agencies. The funding provided in the conference 
     agreement is to be used for additional security activities 
     not now being performed at the ports. In developing and 
     administering this grant program, the Under Secretary of 
     Transportation for Security is expected to work in 
     cooperation with local port authorities and other affected 
     federal agencies, including the Coast Guard and Maritime 
     Administration.

                        Payments to Air Carriers


                    (airport and airway trust fund)

       The conference agreement includes $50,000,000 for the 
     payments to air carriers (essential air service program) 
     instead of $57,000,000 as proposed by the Senate. The House 
     provided no similar appropriation. These additional funds 
     will bring the total program level to $113,000,000 in fiscal 
     year 2002. This amount should be sufficient to maintain 
     commercial air service to all eligible communities. For new 
     points with significant enplanement levels that may become 
     eligible under the essential air service program in fiscal 
     year 2002 that currently have three flights per day, the 
     conferees direct that this level of service continue.

                              Coast Guard


                           Operating Expenses

       The conference agreement includes $209,150,000 instead of 
     $144,913,000 as proposed by the House and $285,350,000 as 
     proposed by the Senate. Funds are available until September 
     30, 2003 as proposed by the Senate instead of available until 
     expended as proposed by the House. The conference agreement 
     distributes funds as follows:

        Item                                                     Amount
Reserve activation.........................................$110,000,000
Restoration of fiscal year 2002 reductions...................33,507,000
Anti-terrorism activities, including Marine safety and securi41,293,000
Chemical/biological strike teams..............................2,500,000
National Defense Authorization Act entitlements..............21,850,000
                                                       ________________
                                                       
    Total...................................................209,150,000

       Marine safety and security teams.--The conferees agree that 
     funding for marine safety and security teams is for 
     establishment of 348 full-time permanent positions for four 
     new teams, including two teams with area-wide operating 
     responsibility (one each for the Atlantic and Pacific 
     operating areas) and two teams to exclusively serve those 
     port areas presenting the greatest port security challenges, 
     especially those ports with a substantial concentration of 
     critical Department of Defense facilities and a shortage of 
     alternative floating assets. The Senate bill included funds 
     for two area-wide teams and four teams for specific ports. 
     The conferees

[[Page H10815]]

     have no objection to the Commandant co-locating the area-wide 
     teams with the port specific teams if he believes that 
     economies of scale and programmatic benefits will result.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations


                    (Airport and Airway Trust Fund)

       The conference agreement includes $200,000,000 instead of 
     $291,500,000 as proposed by the House and $251,000,000 as 
     proposed by the Senate. Funds are available until September 
     30, 2003 as proposed by the Senate instead of available until 
     expended as proposed by the House. Funds are derived from the 
     airport and airway trust fund as proposed by the Senate 
     instead of from the general fund as proposed by the House. 
     The conference agreement distributes funds as follows:


        Item                                                     Amount
Cockpit door modifications.................................$100,000,000
Sky marshals.................................................65,000,000
Security experts.............................................20,000,000
Training facilities..........................................15,000,000
                                                       ________________
                                                       
    Total...................................................200,000,000

       Cockpit door modifications.--The conference agreement 
     provides $100,000,000 for new or modified cockpit doors on 
     commercial aircraft to improve security of the flight deck. 
     The conferees understand that, under current plans, this is 
     the maximum amount likely to be obligated during fiscal year 
     2002.
       Sky marshals.--The conferees agree to provide $65,000,000 
     in this bill for additional sky marshals, and direct that, of 
     the funds provided to the Transportation Security 
     Administration in the Department of Transportation and 
     Related Agencies Appropriations Act, 2002 from security user 
     fees, $55,000,000 shall be reserved and used in fiscal year 
     2002 for the hire of additional sky marshals. The House bill 
     included $233,000,000 in this bill for the sky marshal 
     program; the Senate bill provided no funds.

                        Facilities and Equipment


                    (Airport and Airway Trust Fund)

       The conference agreement includes $108,500,000 instead of 
     $175,000,000 as proposed by the House and no funds as 
     proposed by the Senate. Funds are to be derived from the 
     airport and airway trust fund as proposed by the House, and 
     available until September 30, 2004 instead of available until 
     expended as proposed by the House. As requested by the 
     administration, these funds are to be used for the 
     procurement and installation of explosive detection systems.

                 Research, Engineering, and Development


                    (Airport and Airway Trust Fund)

       The conference agreement includes $50,000,000, to be 
     derived from the airport and airway trust fund, as proposed 
     by the Senate. Funds are to remain available until September 
     30, 2003 instead of September 30, 2002, as proposed by the 
     Senate. The House bill contained no similar appropriation. Of 
     the funds provided, not less than $25,000,000 is for proof of 
     concept demonstrations as described in the Senate report 
     accompanying the bill, incorporating a global satellite-based 
     communications, navigation and surveillance architecture; a 
     highly integrated, secure common information network; and a 
     broadband two-way secure communications capability. The 
     conferees direct that these demonstrations shall leverage 
     significant industry cost-sharing efforts. The remaining 
     funds are for short-duration demonstrations and pilot 
     projects for airports and airlines involving potential new 
     security technologies and concepts, including $2,000,000 for 
     a demonstration of 100 percent positive passenger bag match 
     technology at Reagan Washington National Airport in Virginia, 
     as proposed by the House.

                       Grants-in-Aid for Airports


                    (Airport and Airway Trust Fund)

       The conference agreement includes $175,000,000 instead of 
     $200,000,000 as proposed by the Senate, to be derived from 
     the airport and airway trust fund and to remain available 
     until expended, for reimbursement to airports of direct costs 
     associated with additional or revised security requirements 
     since the September 11th terrorist attacks. The House bill 
     contained no similar appropriation. The conferees note that 
     the funding provided is available for security improvements 
     and other assistance at Ronald Reagan Washington National 
     Airport in Virginia and the Johnstown Airport Authority in 
     Pennsylvania in response to the terrorist attacks of 
     September 11, 2001.

                     FEDERAL HIGHWAY ADMINISTRATION

                      Miscellaneous Appropriations


                          (highway trust fund)

       The conference agreement provides $100,000,000 for 
     miscellaneous highway-related appropriations instead of 
     $110,000,000 as proposed by the Senate. Funds shall be 
     derived from the highway trust fund, and shall be for the 
     critical expansion of interstate ferry service necessitated 
     by the attacks of September 11th. Prior to those attacks, 
     67,000 daily commuters utilized the PATH transit service 
     between New Jersey and the World Trade Center. The conference 
     agreement directs that these funds be made available to 
     expand critical ferry services to serve PATH commuters 
     traveling from New Jersey to Manhattan. A total of 
     $10,000,000 for traffic controls and detours in New York City 
     and for the repair and reconstruction of non-Federal-aid 
     highways destroyed or damaged by the collapse of the World 
     Trade Center buildings is provided under the Federal 
     Emergency Management Agency as proposed by the House, instead 
     of under this head as proposed by the Senate.

                          Federal-Aid Highways

                        Emergency Relief Program


                          (highway trust fund)

       The conference agreement provides $75,000,000, to be 
     derived from the highway trust fund and to remain available 
     until expended, for emergency relief as proposed by both the 
     House and Senate.

                    Federal Railroad Administration


                         Safety and Operations

       The conference agreement provides $6,000,000 for safety and 
     operations of the Federal Railroad Administration, as 
     proposed by both the House and the Senate. Funding shall be 
     used for additional expenses related to overtime and the 
     hiring of police and security officers; increased inspections 
     of rail infrastructure; additional security personnel; 
     additional inspector travel; and other security measures.


     capital grants to the national railroad passenger corporation

       The conference agreement provides $100,000,000 for capital 
     improvements of the National Railroad Passenger Corporation 
     (Amtrak) as proposed by the Senate. The House provided no 
     similar appropriation. These funds shall be used solely to 
     enhance the safety and security of the aged Amtrak-owned rail 
     tunnels under the East and Hudson Rivers. Funding shall 
     remain available until expended.

                     Federal Transit Administration


                             Formula Grants

       The conference agreement includes $23,500,000 for formula 
     grants as proposed by both the House and the Senate. These 
     supplemental funds will finance the replacement of buses and 
     transit kiosks destroyed by the collapse of the World Trade 
     Center; provide technical assistance for transit agencies to 
     refine and develop security and emergency response plans; 
     accelerate and expand the PROTECT program aimed at detecting 
     chemical and biological agents in transit stations; conduct 
     emergency response drills with transit agencies and local 
     first response agencies; and provide security training for 
     transit operators. Funding shall remain available until 
     expended.
       Dulles corridor transit project.--To facilitate the 
     extension of rail service to Washington Dulles International 
     Airport, the Administrator of the Federal Transit 
     Administration shall work with the Commonwealth of Virginia, 
     Northern Virginia municipalities, the Metropolitan Washington 
     Airports Authority, and the Washington Metropolitan Area 
     Transit Authority to develop and implement a financing plan 
     for the Dulles Corridor rapid transit project.


                       Capital Investment Grants

       The conference agreement provides $100,000,000 for capital 
     investment grants as proposed by the Senate. The House bill 
     contained no similar appropriation. These funds shall be used 
     to accelerate transit improvements already underway by the 
     Port Authority of New York and New Jersey and New Jersey 
     Transit, to improve access to the PATH and New Jersey Transit 
     systems, and to initiate transit improvements that are 
     necessary to better accommodate new commuting patterns in the 
     region as a result of the terrorist attack on September 11th. 
     None of these funds should be made available to the 
     Washington Metropolitan Area Transit Authority (WMATA), as 
     their security needs are addressed elsewhere in the bill.

              Research and Special Programs Administration


                     research and special programs

       The conference agreement appropriates a total of $2,500,000 
     for research and special programs as proposed by the House 
     instead of $6,000,000 as proposed by the Senate. Funding is 
     provided specifically to address security-related problems 
     the agency encountered during the September 11th crisis. This 
     includes $1,000,000 for equipment and contractor support 
     related to information dissemination in the crisis management 
     center; $800,000 to purchase and install dedicated 
     communication cables for the continuity of operations site; 
     and $700,000 for equipment and contractor support to allow 
     the crisis management center to send and receive classified 
     information.

                      Office of Inspector General


                         Salaries and Expenses

       The conference agreement includes $1,300,000 for salaries 
     and expenses of the Office of Inspector General instead of 
     $2,000,000 as proposed by the Senate. The House bill 
     contained no similar appropriation. Following the attacks of 
     September 11th, the OIG has been given several new 
     responsibilities associated with the Transportation Security 
     Act as well as border security initiatives, which may be 
     addressed with these funds. The Secretary of Transportation 
     and the Director of the Office of Management and Budget 
     should carefully monitor the needs of this office an all the 
     new requirements placed upon it to assure the adequacy of 
     funding for this office. Funding shall be available until 
     September 30, 2003.

                             Related Agency

                  National Transportation Safety Board


                         salaries and expenses

       The conference agreement includes $650,000 instead of 
     $465,000 as proposed by the House and $836,000 as proposed by 
     the Senate. Funding is available until September 30, 2003.

[[Page H10816]]

                    General Provisions--This Chapter

       The conference agreement includes the Senate provision that 
     amends section 5117(b)(3) of the Transportation Equity Act 
     for the 21st Century relating to the contract for follow-on 
     deployment of an intelligent transportation system project. 
     The House proposed no similar provision. The conferees note 
     that, while this provision allows the Secretary to allocated 
     these funds through a sole source procurement, the provision 
     does not mandate such an action. The decision to distribute 
     this funding on a non-competitive basis is left entirely to 
     the Secretary.
       The conference agreement includes the Senate provision that 
     prohibits the use of appropriated funds, or revenues 
     generated by the National Railroad Passenger Corporation 
     (Amtrak), to implement section 204(c)(2) of Public Law 105-
     134, relating to development of an action plan, until 
     enactment of an Amtrak reauthorization act. The House 
     proposed no similar provision.
       The conference agreement modifies the Senate provision 
     making technical corrections to the Department of 
     Transportation and Related Agencies Appropriations Act, 2002. 
     The provision specifies that of the funds authorized under 
     section 110 of title 23, United States Code, and provided for 
     in the Department of Transportation and Related Agencies 
     Appropriations Act, 2002, that no funds shall be available 
     for the program authorized under section 1101(a)(11) of 
     Public Law 105-178; $29,542,304 shall be set aside for the 
     Woodrow Wilson bridge project; $5,896,000 of the $23,896,000 
     provided for the national motor carrier safety program is for 
     state commercial driver's license program improvements; and 
     up to $2,300,000 of the $56,300,000 available for border 
     infrastructure improvements may be transferred by the 
     Secretary of Transportation to the General Services 
     Administration for construction of transportation 
     infrastructure for law enforcement purposes in the border 
     states. The conference agreement includes a provision that 
     allows funds for environmental streamlining to be used for 
     non-administrative costs, including grants, cooperative 
     agreements, and other transactions. The House proposed no 
     similar provisions. The conferees are very concerned at the 
     lack of progress the Department had made in issuing the rural 
     consultation provision of the statewide planning regulations. 
     After three years and a clear Congressional mandate under the 
     Transportation Equity Act for the 21st Century, rural local 
     elected officials continue to be left out of statewide 
     planning discussions. The conferees fully expect this rule to 
     be promulgated no later than February 1, 2002.
       The conference agreement includes the Senate provision 
     making technical corrections to the Department of 
     Transportation and Related Agencies Appropriations Act, 2002. 
     This provision specifies that funds appropriated to the 
     Research and Special Programs Administration, including funds 
     derived from the pipeline safety fund, in the Department of 
     Transportation and Related Agencies Appropriations Act, 2002 
     shall remain available until September 30, 2004. The House 
     bill proposed no similar provision.
       The conference agreement includes the Senate provision that 
     makes a technical correction to the department of 
     Transportation and Related Agencies Appropriations Act, 2002. 
     This provision amends item 1497 of the table contained in 
     section 1602 of Public Law 105-178 pertaining to capital 
     improvements to intermodal marine freight and passenger 
     facilities in Anchorage, Alaska. The House proposed no 
     similar provision.
       The conference agreement makes technical corrections to the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2002. This provision increases the 
     surface transportation projects appropriation under section 
     330 by $4,300,000, and reduces section 349 by an equivalent 
     amount. Of the funds provided, $300,000 is for the US-61 
     Woodville widening project in Mississippi and $4,000,000 is 
     for the City of Renton/Port Quendall interstate maintenance 
     project in Washington. The Senate proposed making these 
     technical corrections by funding these projects within the 
     Federal Highway Administration's obligation limitation. The 
     House proposed no similar provision.
       The conference agreement amends bill language contained in 
     the Department of Transportation and Related Agencies 
     Appropriations Act, 2002 for the salaries and expenses of 
     political and Presidential appointees and prohibits funding 
     for certain positions.
       The conference agreement includes a provision that relates 
     to the participation of the state of Texas in the state 
     infrastructure bank pilot program.
       The conference agreement deletes the provision in title II 
     of division E of the Senate bill which would have required 
     certain procedures regarding labor integration issues 
     relating to the combination of commercial air carriers.

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

           Treasury Inspector General for Tax Administration


                         Salaries and Expenses

       The conferees agree to provide $2,032,000 as proposed by 
     both the House and the Senate.

                  Financial Crimes Enforcement Network


                         Salaries and Expenses

       The conferees agree to provide $1,700,000 as proposed by 
     both the House and the Senate.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       The conferees agree to provide $23,000,000 instead of 
     $23,231,000 as proposed by the House and $22,846,000 as 
     proposed by the Senate. Of this amount, $9,154,000 is 
     provided for training costs associated with new hiring by law 
     enforcement agencies.


      Acquisition, Construction, Improvements and Related Expenses

       The conferees agree to provide $8,500,000 as proposed by 
     the House instead of no funding as proposed by the Senate.

                      Financial Management Service


                         Salaries and Expenses

       The conferees agree to provide no funding as proposed by 
     the House instead of $600,000 as proposed by the Senate.

                Bureau of Alcohol, Tobacco and Firearms


                         Salaries and Expenses

       The conferees agree to provide $31,431,000 as proposed by 
     both the House and the Senate.

                     United States Customs Service


                         Salaries and Expenses

       The conferees agree to provide $392,603,000 instead of 
     $301,759,000 as proposed by the House and $292,603,000 as 
     proposed by the Senate. This fully funds the President's 
     request, and includes additional funding as follows: 
     $245,503,000 for staffing and inspection and investigate 
     technology for borders and critical seaports of entry, to 
     include not less than $10,000,000 for the Southwest Border; 
     $18,300,000 for a commercial backup data facility; and 
     $21,300,000 to support overseas initiatives to counter money 
     laundering such as that used to finance terrorist or criminal 
     activity.
       This funding addresses shortages in critical law 
     enforcement staffing and technology investments. To ensure 
     the optimum impact on current vulnerabilities, the conferees 
     direct that the $245,503,000 for border and seaport security 
     shall not be available until 15 days after the Customs 
     Service submits to the Committees on Appropriations and the 
     Secretary of the Treasury a financial plan based upon a 
     comprehensive assessment of the most effective uses of the 
     Service's resources, including the funds provided in this 
     Act, for protection along the Northern Border, Southwest 
     Border, and at critical seaports. The Secretary is directed 
     to review the plan and, within 15 days of its receipt, notify 
     the Committees of his findings.
       The conferees direct that this detailed plan address the 
     use of Customs Service resources for the Northern Border, 
     Southwest Border, critical seaports, and other ports of entry 
     that present a potential security risk. The financial plan 
     shall include a revised breakout of fiscal year 2002 funding 
     by object class, and by programmatic category, to reflect the 
     application of funding provided through this Act, and should 
     be consistent with the materials submitted with the 
     President's fiscal year 2003 budget request. Any changes in 
     funding levels that exceed the thresholds for reprogramming 
     set forth in the fiscal year 2002 Appropriations Act for the 
     Department of the Treasury will require advance approval by 
     the Committees, as set forth in the reprogramming guidelines.


  Operation, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

       The conferees agree to provide $6,700,000 as proposed by 
     both the House and the Senate.

                        Internal Revenue Service


                 Processing, Assistance, and Management

       The conferees agree to provide $12,990,000 instead of no 
     funding as proposed by the House and $16,658,000 as proposed 
     by the Senate. These funds are to address the highest 
     priority security and response needs of the program.


                          Tax Law Enforcement

       The conferees agree to provide $4,544,000 as proposed by 
     both the House and the Senate.


                          Information Systems

       The conferees agree to provide $15,991,000 as proposed by 
     the Senate instead of no funding as proposed by the House. 
     The conferees acknowledge the need to adequately provide 
     backup for the recovery of IRS computer systems and include a 
     provision to ensure that the design and construction of the 
     backup system to closely coordinated with the major IRS 
     business systems modernization effort that is underway. The 
     conferees expect the backup system to be completely 
     compatible with all new computer systems.

                      United States Secret Service


                         Salaries and Expenses

       The conferees agree to provide $104,769,000 as proposed by 
     both the House and the Senate.

                             Postal Service


                   Payment to the Postal Service Fund

       The conferees agree to provide $500,000,000 for emergency 
     expenses of the Postal Service instead of $600,000,000 as 
     proposed by the Senate and no funding as proposed by the 
     House. The conferees agree that these funds shall be 
     obligated for the purpose of protecting postal employees and 
     postal customers from exposure to biohazards material, to 
     sanitize and screen mail, and to replace or repair Postal 
     Service facilities and destroyed or damaged in New Your City 
     as a result of the September 11, 2001, terrorist attacks, The 
     conferees note that the Postal Service has not received a 
     direct appropriation for operations for nearly two decades. 
     Nonetheless, the conferees acknowledge the extraordinary

[[Page H10817]]

     circumstances surrounding biohazardous material in the mail 
     and have provided this emergency supplemental appropriation 
     to address these specific security concerns. In providing 
     these emergency funds, the conferees do not intend to set a 
     precedent for operational subsidies of the Postal Service. 
     The conferees continue to support current law requirements 
     that the Postal Service operate on a self-sustaining basis.
       The conferees are aware that the recent incidents of 
     anthrax in the mail pose both technology-based and process-
     based challenges for the Postal Service, the conferees 
     commend the Postal Service for its on-going efforts and are 
     pleased with the progress made to date. The conferees further 
     believe that additional actions taken by the Postal Service 
     should be based on a comprehensive emergency preparedness 
     plan and, of the funds provided, have withheld from 
     obligation funds for sanitizing and screening the mail until 
     the Postal Service submits such a plan to the Committees on 
     Appropriations, the House Committee on Government Reform and 
     the Senate Committee on Governmental Affairs.
       As part of its emergency preparedness plan, the conferees 
     expect the Postal Service to include an assessment of threats 
     to the health and safety of employees and customers of the 
     Postal Service and the integrity of the mail; testing and 
     evaluating the options for detecting and/or addressing those 
     threats, including both technology-based and process-based 
     options; a comparison of the costs and benefits of options 
     under consideration; an evaluation of the strengths and 
     weaknesses of the technologies under consideration for mail 
     sanitization, including an analysis of risks to human health 
     and safety and to mail products associated with each of those 
     technologies; and a timetable for implementing the options 
     selected.

                   Executive Office of the President

                        Office of Administration


                         Salaries and Expenses

       The conferees agree to provide $50,040,000 for emergency 
     expenses of the Office of Administration, as proposed by the 
     Senate instead of no funding as proposed by the House. The 
     conferees are concerned by the lack of detail and background 
     submitted by the Office of Administration in support of 
     emergency appropriations for the Executive Office of 
     President and, more specifically, by limitations in cost 
     estimates for various projects. Although the conferees are 
     aware that many of the cost estimates were prepared in rapid 
     response to the events of September 11, 2001, the 
     conferees are concerned that estimates for some projects 
     may have changed by as much as 250 percent. For instance, 
     while original estimates for building modifications and 
     communication installation activities for the Office of 
     Homeland Security were $2,000,000, the conferees 
     understand that the cost of this project may now be closer 
     to $7,000,000. The conferees have fully funded the 
     President's request for emergency expenses of the Office 
     of Administration, for the specific projects, and in the 
     specific amounts requested, as follows:


                       EOP estimated obligations

                         [Dollars in thousands]

Move Related (less IT):
  Sensitive Compartmentalized Information Facility................3,500
  Telecommunciations Costs........................................3,000
  Move and Facilities Cost........................................2,500
  Systems Furniture...............................................2,500
  Office Rent.....................................................1,903
  Additional 20 FTE...............................................1,325
  Space Renovation................................................1,000
  Second Print Shop...............................................1,000
  Overtime..........................................................500
  Additional Copiers and Fax Machines (including maintenance).......110
  Additional Safes and Shredders.....................................75
                                                       ________________
                                                       
    Subtotal--Move Related.......................................17,413
                                                       ================

Information Technology:
  Enhance Information Technology Reliability.....................15,000
  Additional IT Intrusion Security................................3,000
  EOP-Wide Teleconferencing Capability............................3,000
  Information Security..............................................700
  Anti-Hacking Software.............................................400
  Dedicated Technician Support......................................350
  Network Components.................................................61
                                                       ________________
                                                       
    Subtotal--Information Technology.............................22,511
                                                       ================

Emergency Response:
  Air Quality, Building Modifications and Communications Installs, 
    Backup Power, and Voice Announcers............................8,019
                                                       ________________
                                                       
    Subtotal--Emergency Response..................................8,019
                                                       ================

Uncategorized Misc.:
  Enhance Telecommunications......................................1,000
  Additional White House Operators (10).............................600
  Reorganization of RDS Warehouse...................................250
  Temporary Data Entry Personnel in WHO Correspondence..............164
  Paper..............................................................44
  Catridges and Copier Supplies......................................20
  General Office Supplies............................................20
                                                       ________________
                                                       
    Subtotal--Uncategorized Misc..................................2,098

       In the event that there are deviations from these line 
     items, the conferees direct the Office of Administration to 
     follow the appropriate reprogramming and transfer guidelines, 
     as included in the joint explanatory statement accompanying 
     the fiscal year 2002 conference report for the Treasury and 
     General Government Appropriations Act, 2002. In particular, 
     the conferees note the requirement that a reprogramming 
     request must be submitted for any action where funds 
     earmarked for a specific activity are proposed to be used for 
     a different activity. Finally, the conferees expect the 
     Office of Administration to fully coordinate the 
     implementation of these, and any future, security changes 
     with the General Services Administration, the Secret Service, 
     the White House Military Office, and other Executive Office 
     of the President offices and agencies.

                          Independent Agencies

                    General Services Administration

                        Real Property Activities


                         federal buildings fund

       The conferees agree to provide $126,512,000, instead of 
     $126,500,000 as proposed by the Senate and $87,360,000 as 
     proposed by the House. Within this amount, full funding is 
     provided for the requested replacement space costs and 
     security costs in New York and Washington, D.C. The conferees 
     understand that sufficient funding has been provided 
     elsewhere for relocation costs in Washington, D.C., and do 
     not include any funding for that purpose in this account. The 
     conferees strongly encourage the General Services 
     Administration to allocate that portion of the funds provided 
     to meet nationwide security needs in a way that addresses the 
     greatest threats, risks, and vulnerabilities on a national 
     basis regardless of regional boundaries.

              National Archives and Records Administration


                           operating expenses

       The conferees agree to provide $1,600,000 instead of no 
     funding as proposed by the House and $4,818,000 as proposed 
     by the Senate. Within this amount the conferees have provided 
     full funding for the requested increases in security 
     operating expenses at Archives I and Archives II and direct 
     that the balance of the funds be used to address the greatest 
     security concerns of the Presidential libraries.


                        repairs and restoration

       The conferees agree to provide $1,000,000 instead of no 
     funding as proposed by the House and $2,180,000 as proposed 
     by the Senate. Within this amount the conferees have provided 
     full funding for the requested increases in security repairs 
     and restoration expenses at Archives I and Archives II and 
     direct that the balance of the funds be used to address the 
     greatest security concerns of the Presidential libraries.

                    General Provision, This Chapter

       The conferees agree not to include Section 1101 as proposed 
     by the Senate regarding telecommunications access.
       Sec. 1201. The conferees agree to include a technical 
     amendment to the ``9/11 Heroes Stamp Act of 2001'', as 
     proposed by the Senate in Division D.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       general operating expenses

       The conferees recommend $2,000,000 in general operating 
     expenses as proposed by the House for a comprehensive 
     security evaluation of the VA which should include and 
     consider security actions and recommendations implemented by 
     other Federal, State and local government agencies. The 
     Senate included funds for similar purposes under 
     construction, major projects.
       None of these funds may be used to create an new Office of 
     Operations and Preparedness as the Department has not 
     provided specific information on the creation of such office.


                      construction, major projects

       The conferees have not provided funds in this account for 
     security evaluations as proposed by the Senate but instead 
     included funding under general operating expenses as proposed 
     by the House.

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       community development fund

       The conference agreement includes $2,000,000 from funds 
     appropriated in Public Law 107-38 for economic recovery 
     assistance for affected areas in New York City as proposed by 
     the Senate, instead of $1,875,000,000 as proposed by the 
     House.
       The conference agreement includes language designating 
     $10,000,000 for a program to aid the travel and tourism 
     industry in New York City as proposed by the House.
       Modified language is included, similar to language proposed 
     by the Senate, requiring

[[Page H10818]]

     the Lower Manhattan Redevelopment Corporation to develop 
     criteria and process applications for the distribution of 
     funds mad available under Community Development Fund from 
     funds provided in Public Law 107-38. Modified language is 
     also included, similar to language proposed by the Senate, 
     requiring the corporation to process expeditiously 
     applications for assistance. The conferees expect the 
     corporation to make every effort to respond to applications 
     from individuals, nonprofit and small businesses for economic 
     losses within 45 days of submission of an application.
       Modified language is also included, similar to language 
     proposed by the Senate, designating not less than 
     $500,000,000 of the $2,700,000,000 made available for the 
     Community Development Fund from amounts provided in Public 
     Law 107-38 for assistance to individuals, nonprofits and 
     small businesses located on or south of 14th Street, with a 
     limitation of $500,000 per small businesses.
       The conferees adopt the language included in the Senate 
     report related to semi-annual audits by the Inspector General 
     of the Department of Housing and Urban Development. In lieu 
     of the requirement in the Senate report related to reports 
     related to disposition of claims, the conferees instead 
     direct the Department of Housing and Urban Development to 
     provide quarterly reports to the Committees on Appropriations 
     on the obligation and expenditure of these funds.
       The conferees recognize the unique benefits the New York 
     board of trade (NYBOT) beings to the economy of the City of 
     New York, as well as to the country. In this regard, the 
     conferees strongly encourage the Corporation to consider the 
     needs of the NYBOT as it allocates assistance provided from 
     the Community Development Fund.

                     Management and Administration


                      office of inspector general

       The conference agreement includes $1,000,000 from funds 
     appropriated in Public Law 107-38 to replace office and 
     investigative equipment damaged in the terrorist attacks, as 
     proposed by both the House and Senate.

                          INDEPENDENT AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health


          national institute of environmental health sciences

       Provides $10,500,000 for the National Institute of 
     Environmental Health Sciences (NIEHS) as proposed by the 
     House and the Senate. Bill language has been adopted by the 
     conferees which clarifies that funds may be used for all 
     NIEHS research and worker training programs as authorized by 
     law. Bill language has also been included amending Public Law 
     107-73 to clarify the intent of Congress with respect to 
     funds provided for NIEHS for fiscal year 2002.

                    Environmental Protection Agency


                           science technology

       Provides $90,308,000 for science and technology instead of 
     $10,000,000 as proposed by the House and $41,514,000 as 
     proposed by the Senate. Funds are intended to be used to 
     assess and improve building security at EPA laboratory sites 
     as well as perform drinking water vulnerability assessments, 
     and anthrax decontamination activities.


                 environemental programs and management

       Provides $39,000,000 for environmental program and 
     management instead of $140,360,000 as proposed by the House 
     and $38,194,000 as proposed by the Senate. The conferees have 
     provided funds necessary to assess and improve building 
     security at EPA sites, pay for the temporary relocation and 
     other costs for EPA's Region 2 office, provide technical 
     materials and contingency planning manuals for wastewater 
     treatment plants, pay for anthrax decontamination activities, 
     and assume additional personnel costs associated with EPA's 
     increased responsibilities in criminal investations and 
     enforcement actions related to bioterrorism and other 
     counterterriorism activities. The conferees recognize and 
     acknowledge that the hiring of additional employees will 
     increase the Agency-wide FTE level. The conferees also 
     recognize that additional Agency-wide requirements to respond 
     to the terrorist attacks of September 11, 2001 as well as 
     subsequent counterterrorism activities will result in 
     increased travel costs of the Agency. In this regard, the 
     conferees agree that the travel ceiling assumed as part of 
     the fiscal year 2002 appropriation is no longer valid, and 
     requests the Agency to provide a quarterly letter detailing 
     the variance in travel relative to the 2002 budget 
     submission.


                     hazardous substance superfund

       Provides $41,292,000 for hazardous substance superfund as 
     proposed by the Senate instead of $5,800,000 as proposed by 
     the House. The conferees agree that funds will provide fro a 
     new West Coast ``Immediate Response Team'', pay for the 
     temporary relocation and other costs for EPA's Region 2 
     office, pay for anthrax decontamination activities, and 
     provides for personnel, training, equipment, and planning 
     related to increased responsibilities in responding to 
     terrorism and counterterrorism activities. The conferees note 
     that in addition to funds provided for future such 
     activities by EPA, funds provided herein are also intended 
     to reimburse expenses of the Agency incurred while 
     assisting anthrax investigations and cleanup actions at 
     the United States Capitol and Congressional office 
     building complex, the Brentwood and other United States 
     Post Office locations, and other such work performed prior 
     to enactment of this Act.


                   state and tribal assistance grants

       Provides $5,000,000 for state and tribal assistance grants 
     as proposed by the House and the Senate. Funds are provided 
     for State grants for counterterrorism coordinators to work 
     with EPA and drinking water utilities in assessing drinking 
     water safety.
       Bill language has been included making technical 
     corrections for two targeted water and wastewater grants 
     provided in previous appropriations Acts.
       The conferees note that the cost-share requirement for a 
     National Community Decentralized Demonstration project in 
     Missouri, provided under this heading in Public Law 107-73 
     (item number 173), should be the same as that required for 
     the previous six such demonstration projects approved in 
     fiscal years 1999 and 2000.

                  Federal Emergency Management Agency


                            disaster relief

       The conferees agree to provide $4,356,871,000 for disaster 
     relief to fund additional efforts in response to the 
     September 11, 2001 terrorist attacks. The amount provided 
     includes $10,000,000 for expenses related to traffic control 
     and detours in New York City and for the repair and 
     reconstruction of non-Federal-aid-eligible highways destroyed 
     or damaged by the collapse of the World Trade Center 
     buildings.
       The conferees are concerned that there may be some gaps in 
     assistance to those affected by the terrorist attacks on 
     September 11, 2001. The conferees have been informed by FEMA 
     that all firefighters, law enforcement personnel, emergency 
     medical personnel, and victims of this incident will be 
     compensated through FEMA or other federal programs. FEMA has 
     indicated in writing that they are unaware of any gaps in 
     assistance with respect to the terrorism attacks. FEMA is 
     expected to provide funding for all eligible recipients in an 
     expeditious manner.


                         salaries and expenses

       Provides $25,000,000 for salaries and expenses instead of 
     $30,000,000 as proposed by the House and $20,000,000 as 
     proposed by the Senate. The amount provided includes 
     $10,000,000 for the national security division. The conferees 
     are concerned about the continuing lack of information 
     regarding a new Office of National Preparedness within FEMA 
     and agree, that while a portion of the funding provided by 
     this appropriation may be used to establish the Office, FEMA 
     must inform the Congress of the structure, responsibilities, 
     and roles of this new Office, with particular emphasis on its 
     relationships to the Office of Homeland Security and the 
     Department of Justice. Therefore, the conferees direct FEMA 
     to report to the Committees on Appropriations by February 15, 
     2002 on the structure of the Office of National Preparedness, 
     including a staffing plan, and its duties and functions in 
     relation to other agencies involved in Homeland security.


              emergency management planning and assistance

       Provides $220,000,000 for emergency planning and 
     assistance, instead of $290,000,000 as proposed by the Senate 
     and $35,000,000 as proposed by the House. Of the amount 
     provided, $21,000,000 shall be used to carry out the fire 
     grants program as authorized by the Federal Fire Prevention 
     and Control Act of 1974, as amended by Public Law 106-398. 
     The conferees have included bill language which provides that 
     up to 5 percent of the funds may be transferred to salaries 
     and expenses for administrative costs associated with this 
     program. In addition $10,000,000 is to be used for 
     enhancement of FEMA's ability to support the 2002 Winter 
     Olympics.
       Within 90 days of enactment of this Act, the Director of 
     the Federal Emergency Management Agency (FEMA) shall submit 
     to the Director of the Office of Homeland Security and to the 
     Congress a report which shall include:
       (1) a complete accounting of all emergency and terrorism 
     preparedness training courses offered by FEMA and all 
     departments and agencies of the federal government;
       (2) a discussion of the effectiveness of those courses, the 
     possible consolidation of all federal emergency and terrorism 
     preparedness training courses, the adequacy of federal 
     training courses in the area of chemical and biological 
     weapons, and training models used in the private sector that 
     the Director considers as being representative of the best 
     safety and security practices, particularly relating to the 
     aftermath of a chemical or biological attack.

             National Aeronautics and Space Administration


                           human space flight

       The conferees have agreed to provide $76,000,000 for human 
     space flight instead of $81,000,000 as proposed by the House 
     and $64,500,000 as proposed by the Senate. The amount 
     provided includes $8,000,000 for information security, 
     $60,000,000 for security and counterintelligence, and 
     $5,000,000 for communications capabilities. An additional 
     $3,000,000 is provided for enhanced radar capability (TPS-75 
     mobile radar system) to provide low-altitude coverage for 
     security needs at the Kennedy Space Center.


                  science, aeronautics and technology

       The conferees agree to provide $32,500,000 for science, 
     aeronautics and technology, instead of $36,500,000 as 
     proposed by the House

[[Page H10819]]

     and $28,600,000 as proposed by the Senate. The amount 
     provided includes $12,000,000 for information security, 
     $15,000,000 for security and counterintelligence and 
     $5,500,000 for communications capability.


                           office of security

       In August 2001, NASA established the Office of Security 
     Management and Safeguards under the direction of an Associate 
     Administrator reporting directly to the NASA Administrator. 
     The Associate Administrator for Security Management and 
     Safeguards is the senior security and counterintelligence 
     advisor to the NASA Administrator, with ultimate authority 
     for NASA-wide security and counterintelligence operations, 
     processes, functions, and activities, as well as 
     administrative authority over NASA security funds. The 
     conferees support the establishment of the Office of Security 
     Management and Safeguards, and the full authority of this 
     Office over Agency-wide security and counterintelligence 
     activities and funding. Furthermore, the conferees agree with 
     direction included in the Senate Report that NASA shall 
     identify funding from within available Agency resources to 
     provide for approximately 35 additional FTE to staff the 
     Office of Security Management and Safeguards at NASA 
     Headquarters and at NASA's field Centers. The conferees also 
     agree that responsibilities of the NASA Office of Security 
     Management and Safeguards shall in no way prevent the Office 
     of Inspector General from conducting its lawful investigative 
     activities, including investigations into cyber crime. 
     Further, the conferees expect that the Office of Security 
     Management and Safeguards and the Office of the Inspector 
     General will continue to share counter-intelligence and 
     intelligence threat information concerning NASA 
     information technology networks as it pertains to cyber-
     based threats to NASA.


                      Office of Inspector General

       The conferees have not included any additional funding for 
     the Office of Inspector General. The House had proposed an 
     increase of $3,000,000 and the Senate had proposed no 
     additional funding.

                      National Science Foundation


                    Research and Related Activities

       Provides $300,000 for research and related activities as 
     proposed by the House and the Senate. Funds are provided for 
     additional security measures at NSF research facilities.

                    General Provisions, This Chapter

       Retains language proposed by the Senate authorizing the 
     Points of Light Foundation to name community service projects 
     after individual victims of the September 11, 2001 attacks 
     and create a website and database to catalogue such projects. 
     No federal funds are to be used for these activities. The 
     House did not include a similar provision.
       Retains language proposed by the Senate authorizing the 
     Cook Inlet Housing Authority to use the previously 
     appropriated funds for a tribal student housing project. The 
     House did not include a similar provision.
       The conference agreement includes modified language, 
     similar to language proposed by the Senate, making available 
     up to $11,300,000 for obligations under section 514 of the 
     Multifamily Assisted Housing Reform and Affordability Act 
     (MAHRAA). Of this amount, up to $1,300,000 in fiscal year 
     2002 funds is authorized to be used to reimburse vouchers 
     submitted by section 514 grantees through October 15, 2001 
     for prior year commitments which were probable violations of 
     the Anti-Deficiency Act (ADA). The conferees note that the 
     Department of Housing and Urban Development has yet to 
     provide sufficient information to the Committees on 
     Appropriations related to violations of the ADA related to 
     section 514 grants. The conferees expect the Department to 
     investigate fully this matter and provide the necessary 
     notifications to the President and the Congress in accordance 
     with the requirements set forth in the Anti-Deficiency Act 
     and Office of Management and Budget Circular A-34. Pending 
     conclusion of the investigation and notification 
     requirements, the Department is authorized to use a portion 
     of the $10,000,000 provided in fiscal year 2002 for new grant 
     awards to reimburse grantees for activities completed 
     pursuant to prior year grant agreements. Should the 
     Department use funds for this purpose, the amount made 
     available for new grant awards shall be reduced accordingly. 
     The conferees direct the Secretary of the Department of 
     Housing and Urban Development to provide bimonthly reports to 
     the Committees on Appropriations on the status of technical 
     assistance funds spent under section 514 of MAHRAA, including 
     the status of the investigation of probable ADA violations, a 
     spending plan for the $11,300,000 made available under this 
     section, and the status and findings of audits conducted by 
     the Inspector General, with the first report due no later 
     than January 15, 2002.
       Modified language is also included earmarking $1,500,000 
     from funds provided to the Office of General Counsel and the 
     Office of Multifamily Housing Assistance Restructuring to be 
     used for section 514 technical assistance grants, similar to 
     language proposed by the Senate.
       New language is included clarifying that the authorization 
     to use funds to rectify a violation of the Anti-Deficiency 
     Act in no way releases an officer or employees from the 
     requirements set forth pursuant to the Act.
       Inserts language making several technical corrections to 
     economic development initiatives under the heading 
     ``Community Development Fund'' in Public Law 107-73.

                               CHAPTER 14

                           General Provisions

       The conference agreement includes section 1401, as proposed 
     by the Senate, which states that amounts obligated pursuant 
     to this division are subject to the terms and conditions 
     provided in Public Law 107-38. The House had no similar 
     provision.
       The conference agreement includes section 1402, as proposed 
     by the House and the Senate, concerning availability of funds 
     appropriated within this division.
       The conference agreement includes section 1403 concerning 
     transfer authority for national guard expenses for services 
     related to homeland security. Each request for transfer shall 
     include a declaration that, as of the date of the request, 
     none of the funds proposed for transfer have been obligated, 
     and none will be obligated, until the Committees on 
     Appropriations have approved the request.

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

       The conference agreement includes, as division C, budgetary 
     provisions that are necessary to conform existing budget law 
     with final appropriations agreements. Sections 101 adjusts 
     the fiscal year 2002 discretionary caps in the Balanced 
     Budget and Emergency Deficit Control Act of 1985 to levels 
     consistent with final appropriations action. This section 
     also provides for conforming adjustments to the fiscal year 
     2002 budget resolution, and includes a small budget authority 
     allowance for technical scoring differences that may exist 
     between the Office of Management and Budget and the 
     Congressional Budget Office. Section 102 resets the Pay-As-
     You-Go scorecard to zero.

                  DIVISION D--MISCELLANEOUS PROVISIONS

       The conference agreement modifies a provision, proposed by 
     the Senate in Division E, related to certain real property in 
     South Dakota. The House bill contained no similar provision.
       The conference agreement includes the text of a provision, 
     proposed by the Senate in Division E, Title II, section 201, 
     which expands the number of Trustees of the John F. Kennedy 
     Center for the Performing Arts. The House had no similar 
     provision.

                               DIVISION A

       The total new budget (obligational) authority for the 
     fiscal year 2002 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 2001 amount, the 2002 
     budget estimates, and the House and Senate bills for 2002 
     follow:

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2001.......298,515,154
Budget estimates of new (obligational) authority, fiscal yea319,547,116
House bill, fiscal year 2002................................317,624,089
Senate bill, fiscal year 2002...............................317,623,483
Conference agreement, fiscal year 2002......................317,623,747
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 2001.....+19,108,593
  Budget estimates of new (obligational) authority, fiscal ye-1,923,369
  House bill, fiscal year 2002.....................................-342
  Senate bill, fiscal year 2002....................................+264

                               DIVISION B

       The total new budget (obligational) authority for the 
     fiscal year 2002 recommended by the committee of conference, 
     with comparisons to the fiscal year 2002 budget estimates, 
     and the House and Senate bills for 2002 follow:

                       [In thousands of dollars]

Budget estimates of new (obligational) authority, fiscal year20,000,000
House bill, fiscal year 2002.................................20,000,000
Senate bill, fiscal year 2002................................20,000,000
Conference agreement, fiscal year 2002.......................20,000,000
Conference agreement compared with:
  Budget estimates of new (obligational) authority, fiscal year 2002...
  House bill, fiscal year 2002.........................................
  Senate bill, fiscal year 2002........................................

     For consideration of Division A of the House bill and 
     Division A of the Senate amendment, and modifications 
     committed to conference:
     Jerry Lewis,
     Bill Young,
     Joe Skeen,
     Dave Hobson,
     Henry Bonilla,
     George R. Nethercutt, Jr.,
     Randy ``Duke'' Cunningham,
     Rodney P. Frelinghuysen,

[[Page H10820]]

     Todd Tiahrt,
     John P. Murtha,
     Norman D. Dicks,
     Martin Olav Sabo,
     Peter J. Visclosky,
     James P. Moran,
     David R. Obey
       (except for aircraft leasing),
     For consideration of all other matters of the House bill and 
     other matters of the Senate amendment, and modifications 
     committed to conference:
     Bill Young,
     Jerry Lewis,
     David Obey,
                                Managers on the Part of the House.

     Daniel K. Inouye,
     Ernest F. Hollings,
     Robert C. Byrd,
     Patrick J. Leahy,
     Tom Harkin,
     Byron L. Dorgan,
     Richard J. Durbin,
     Harry Reid,
     Dianne Feinstein,
     Herb Kohl,
     Ted Stevens,
     Thad Cochran,
     Arlen Specter,
     Pete Domenici,
     Christopher Bond,
     Mitch McConnell,
     Richard C. Shelby,
     Judd Gregg,
     Kay Bailey Hutchison,
     Managers on the Part of the Senate.

                          ____________________