[Congressional Record (Bound Edition), Volume 147 (2001), Part 20]
[House]
[Pages 27147-27175]
[From the U.S. 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 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.

[[Page 27148]]



                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: 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

[[Page 27149]]

     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.

                   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

[[Page 27150]]

     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.

        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.

[[Page 27151]]



                     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, 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

[[Page 27152]]

     ``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 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

[[Page 27153]]

     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, 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

[[Page 27154]]

     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 27155]]

      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.

[[Page 27156]]

       (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 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

[[Page 27157]]

     has closed under the provisions of section 1552 of title 31, 
     United States Code, and which has a negative unliquidated or 
     unexpended balance, an obligation or an adjustment of an 
     obligation may be charged to any current appropriation 
     account for the same purpose as the expired or closed account 
     if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note): 
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account: Provided further, That the total 
     amount charged to a current appropriation under this section 
     may not exceed an amount equal to 1 percent of the total 
     appropriation for that account.
       Sec. 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.

[[Page 27158]]

       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 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

[[Page 27159]]

     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 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,

[[Page 27160]]

     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 
     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

[[Page 27161]]

     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 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

[[Page 27162]]

     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 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.

[[Page 27163]]

       (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 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

[[Page 27164]]

       (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 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

[[Page 27165]]

     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, 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.

[[Page 27166]]



                     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 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

[[Page 27167]]

     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.

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

[[Page 27168]]

     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 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

[[Page 27169]]

     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'', $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

[[Page 27170]]

     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 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

[[Page 27171]]

     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 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.

[[Page 27172]]

         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 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

[[Page 27173]]

       (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 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''.

[[Page 27174]]

       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 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,

[[Page 27175]]

     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.


                          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.