Text: H.R.3338 — 107th Congress (2001-2002)All Information (Except Text)

Text available as:

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Public Law No: 107-117 (01/10/2002)

 
[107th Congress Public Law 117]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ117.107]


[[Page 2229]]

  DEPARTMENT OF DEFENSE AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR 
  RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES 
                                ACT, 2002

[[Page 115 STAT. 2230]]

Public Law 107-117
107th Congress

                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
  ending September 30, 2002, and for other purposes. <<NOTE: Jan. 10, 
                         2002 -  [H.R. 3338]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense and Emergency Supplemental Appropriations for Recovery from and 
Response to Terrorist Attacks on the United States Act, 2002.>> That the 
following sums are appropriated, out of any money in the Treasury not 
otherwise appropriated, for the fiscal year ending September 30, 2002, 
for military functions administered by the Department of Defense, and 
for other purposes, namely:

 DIVISION <<NOTE: Department of Defense Appropriations Act, 2002.>> 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

[[Page 115 STAT. 2231]]

(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,

[[Page 115 STAT. 2232]]

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

[[Page 115 STAT. 2233]]

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

                     Operation and Maintenance, Navy

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, as 
authorized by law; and not to exceed $6,000,000 can be used for 
emergencies and extraordinary expenses, to be expended on the approval 
or authority of the Secretary of the Navy, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$26,876,636,000.

                 Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized by law, 
$2,931,934,000.

                  Operation and Maintenance, Air Force

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; and 
not to exceed $7,998,000 can be used for emergencies and extraordinary 
expenses, to be expended on the approval or authority of the Secretary 
of the Air Force, and payments may be made on his certificate of 
necessity for confidential military purposes, $26,026,789,000: Provided, 
That notwithstanding any other provision of law, that of the funds 
available under this heading, $750,000 shall only be available to the 
Secretary of the Air Force for a grant to Florida Memorial College for 
the purpose of funding minority aviation training.

                 Operation and Maintenance, Defense-Wide

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Department 
of Defense (other than the military departments), as authorized by law, 
$12,773,270,000, of which not to exceed $25,000,000 may be available for 
the CINC initiative fund account; and of which not to exceed $33,500,000 
can be used for emergencies and extraordinary expenses, to be expended 
on the approval or authority of the Secretary of Defense, and payments 
may be made on his certificate of necessity for confidential military 
purposes: Provided, That notwithstanding any other provision of law, of 
the funds provided in this Act for Civil Military programs under this 
heading, $750,000 shall be available for a grant for Outdoor Odyssey, 
Roaring

[[Page 115 STAT. 2234]]

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

[[Page 115 STAT. 2235]]

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.

[[Page 115 STAT. 2236]]

                     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.

[[Page 115 STAT. 2237]]

                 Environmental Restoration, Defense-Wide

                      (including transfer of funds)

    For the Department of Defense, $23,492,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be merged 
with and to be available for the same purposes and for the same time 
period as the appropriations to which transferred: Provided further, 
That upon a determination that all or part of the funds transferred from 
this appropriation are not necessary for the purposes provided herein, 
such amounts may be transferred back to this appropriation.

         Environmental Restoration, Formerly Used Defense Sites

                      (including transfer of funds)

    For the Department of the Army, $222,255,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, transfer 
the funds made available by this appropriation to other appropriations 
made available to the Department of the Army, to be merged with and to 
be available for the same purposes and for the same time period as the 
appropriations to which transferred: Provided further, That upon a 
determination that all or part of the funds transferred from this 
appropriation are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.

             Overseas Humanitarian, Disaster, and Civic Aid

    For expenses relating to the Overseas Humanitarian, Disaster, and 
Civic Aid programs of the Department of Defense (consisting of the 
programs provided under sections 401, 402, 404, 2547, and 2551 of title 
10, United States Code), $49,700,000, to remain available until 
September 30, 2003.

        Support for International Sporting Competitions, Defense

    For logistical and security support for international sporting 
competitions (including pay and non-travel related allowances only for 
members of the Reserve Components of the Armed Forces of the United 
States called or ordered to active duty in connection with providing 
such support), $15,800,000, to remain available until expended.

[[Page 115 STAT. 2238]]

                                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,

[[Page 115 STAT. 2239]]

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.

[[Page 115 STAT. 2240]]

            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 the funds 
provided under this heading shall be used for the construction of any 
naval vessel in foreign shipyards.

[[Page 115 STAT. 2241]]

                         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

[[Page 115 STAT. 2242]]

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

[[Page 115 STAT. 2243]]

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, <<NOTE: Deadline.>> That 
the Chiefs of the Reserve and National Guard components shall, not later 
than 30 days after the enactment of this Act, individually submit to the 
congressional defense committees the modernization priority assessment 
for their respective Reserve or National Guard component: Provided 
further, That of the funds appropriated under this heading, $148,430,000 
shall be available only for the procurement of C-130J aircraft to be 
used solely for western states firefighting.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $7,106,074,000, to 
remain available for obligation until September 30, 2003.

            Research, Development, Test and Evaluation, Navy

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $11,498,506,000, to 
remain available for obligation until September 30, 2003.

          Research, Development, Test and Evaluation, Air Force

    For expenses necessary for basic and applied scientific research, 
development, test and evaluation, including maintenance, rehabilitation, 
lease, and operation of facilities and equipment, $14,669,931,000, to 
remain available for obligation until September 30, 2003.

[[Page 115 STAT. 2244]]

        Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense 
(other than the military departments), necessary for basic and applied 
scientific research, development, test and evaluation; advanced research 
projects as may be designated and determined by the Secretary of 
Defense, pursuant to law; maintenance, rehabilitation, lease, and 
operation of facilities and equipment, $15,415,275,000, to remain 
available for obligation until September 30, 2003: Provided, That for 
funds provided under this heading for ballistic missile defense 
programs, the minimum amount applicable under section 9(f)(1)(C) of the 
Small Business Act (15 U.S.C. 638(f)(1)(C)) shall be $75,000,000 (in 
lieu of the amount otherwise applicable for those programs under that 
section).

                Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the 
independent activities of the Director, Operational Test and Evaluation 
in the direction and supervision of operational test and evaluation, 
including initial operational test and evaluation which is conducted 
prior to, and in support of, production decisions; joint operational 
testing and evaluation; and administrative expenses in connection 
therewith, $231,855,000, to remain available for obligation until 
September 30, 2003.

                                 TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                      Defense Working Capital Funds

    For the Defense Working Capital Funds, $1,312,986,000: Provided, 
That during fiscal year 2002, funds in the Defense Working Capital Funds 
may be used for the purchase of not to exceed 330 passenger carrying 
motor vehicles for replacement only for the Defense Security Service.

                      National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve Fleet, as 
established by section 11 of the Merchant Ship Sales Act of 1946 (50 
U.S.C. App. 1744), and for the necessary expenses to maintain and 
preserve a U.S.-flag merchant fleet to serve the national security needs 
of the United States, $432,408,000, to remain available until expended: 
Provided, That none of the funds provided in this paragraph shall be 
used to award a new contract that provides for the acquisition of any of 
the following major components unless such components are manufactured 
in the United States: auxiliary equipment, including pumps, for all 
shipboard services; propulsion system components (that is; engines, 
reduction gears, and propellers); shipboard cranes; and spreaders for 
shipboard cranes: Provided further, That the exercise of an option in a 
contract awarded through the obligation of previously appropriated funds 
shall not be considered to be the award of a new contract: Provided 
further, That the Secretary of the military

[[Page 115 STAT. 2245]]

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,

[[Page 115 STAT. 2246]]

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.

[[Page 115 STAT. 2247]]

                 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. <<NOTE: 10 USC 1584 note.>> 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, <<NOTE: Notification.>> That the Secretary of Defense shall 
notify the Congress promptly of all transfers

[[Page 115 STAT. 2248]]

made pursuant to this authority or any other authority in this Act: 
Provided further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher priority 
items, based on unforeseen military requirements, than those for which 
originally appropriated and in no case where the item for which 
reprogramming is requested has been denied by the Congress: Provided 
further, That a request for multiple reprogrammings of funds using 
authority provided in this section must be made prior to May 1, 2002.

                           (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in working 
capital funds of the Department of Defense established pursuant to 
section 2208 of title 10, United States Code, may be maintained in only 
such amounts as are necessary at any time for cash disbursements to be 
made from such funds: Provided, That transfers may be made between such 
funds: Provided further, That transfers may be made between working 
capital funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' appropriation 
accounts in such amounts as may be determined by the Secretary of 
Defense, with the approval of the Office of Management and Budget, 
except that such transfers may not be made unless the Secretary of 
Defense has notified the Congress of the proposed transfer. Except in 
amounts equal to the amounts appropriated to working capital funds in 
this Act, no obligations may be made against a working capital fund to 
procure or increase the value of war reserve material inventory, unless 
the Secretary of Defense has notified the Congress prior to any such 
obligation.
    Sec. 8007. <<NOTE: Notification.>> 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. <<NOTE: 10 USC 2306b note.>> 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.

[[Page 115 STAT. 2249]]

    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. <<NOTE: Reports. Deadline. 10 USC 401 note.>> 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, <<NOTE: Applicability.>> 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. <<NOTE: Lobbying.>> 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

[[Page 115 STAT. 2250]]

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, <<NOTE: Applicability.>> 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

[[Page 115 STAT. 2251]]

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. <<NOTE: 10 USC 2647 note.>> 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. <<NOTE: 10 USC 2687 note.>> Notwithstanding any other 
provision of law, during the current fiscal year, the Secretary of 
Defense may, by executive agreement, establish with host nation 
governments in NATO member states a separate account into which such 
residual value amounts negotiated in the return of United States 
military installations in NATO member states may be deposited, in the 
currency of the host nation, in lieu of direct monetary transfers to the 
United States Treasury: Provided, That such credits may be utilized only 
for the construction of facilities to support United States military 
forces in that host nation, or such real property maintenance and base 
operating costs that are currently executed through monetary transfers 
to such host nations: Provided further, That the Department of Defense's 
budget submission for fiscal year 2003 shall identify such sums 
anticipated in residual value settlements, and identify such 
construction, real property maintenance or base operating costs that 
shall be funded by the host nation through such credits: Provided 
further, That all military construction projects to be executed from 
such accounts must be previously approved in a prior Act of 
Congress: <<NOTE: Reports. Deadline.>> 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.

[[Page 115 STAT. 2252]]

    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. <<NOTE: 5 USC 6323 note.>> 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.

[[Page 115 STAT. 2253]]

    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.

[[Page 115 STAT. 2254]]

    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) <<NOTE: Reports.>> 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, <<NOTE: Applicability.>> That these 
procurement restrictions shall apply to any and all Federal Supply Class 
9515, American Society of Testing and Materials (ASTM) or American Iron 
and Steel Institute (AISI) specifications of carbon, alloy or armor 
steel plate: Provided further, That the Secretary of the military 
department responsible for the procurement may waive this restriction on 
a case-by-case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate that 
adequate domestic supplies are not available to meet Department of 
Defense requirements on a timely basis and that such an acquisition must 
be made in order to acquire capability for national security purposes: 
Provided further, That these restrictions shall not apply to contracts 
which are in being as of the date of the enactment of this Act.

[[Page 115 STAT. 2255]]

    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, <<NOTE: Certification.>> 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. <<NOTE: 41 USC 10b-2.>> (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) <<NOTE: Reports.>> 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

[[Page 115 STAT. 2256]]

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. <<NOTE: President. 10 USC 221 note.>> 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

[[Page 115 STAT. 2257]]

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: <<NOTE: 50 USC 403u note.>> 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).

[[Page 115 STAT. 2258]]

                           (transfer of funds)

    Sec. 8049. In addition to the amounts appropriated elsewhere in this 
Act, $10,000,000 is hereby appropriated to the Department of Defense: 
Provided, That at the direction of the Assistant Secretary of Defense 
for Reserve Affairs, these funds shall be transferred to the Reserve 
component personnel accounts in title I of this Act: Provided further, 
That these funds shall be used for incentive and bonus programs that 
address the most pressing recruitment and retention issues in the 
Reserve components.
    Sec. 8050. (a) None of the funds appropriated in this Act may be 
expended by an entity of the Department of Defense unless the entity, in 
expending the funds, complies with the Buy American Act. For purposes of 
this subsection, the term ``Buy American Act'' means title III of the 
Act entitled ``An Act making appropriations for the Treasury and Post 
Office Departments for the fiscal year ending June 30, 1934, and for 
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
    (b) If the Secretary of Defense determines that a person has been 
convicted of intentionally affixing a label bearing a ``Made in 
America'' inscription to any product sold in or shipped to the United 
States that is not made in America, the Secretary shall determine, in 
accordance with section 2410f of title 10, United States Code, whether 
the person should be debarred from contracting with the Department of 
Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the Congress 
that any entity of the Department of Defense, in expending the 
appropriation, purchase only American-made equipment and products, 
provided that American-made equipment and products are cost-competitive, 
quality-competitive, and available in a timely fashion.
    Sec. 8051. None of the funds appropriated by this Act shall be 
available for a contract for studies, analysis, or consulting services 
entered into without competition on the basis of an unsolicited proposal 
unless the head of the activity responsible for the procurement 
determines--
            (1) as a result of thorough technical evaluation, only one 
        source is found fully qualified to perform the proposed work;
            (2) the purpose of the contract is to explore an unsolicited 
        proposal which offers significant scientific or technological 
        promise, represents the product of original thinking, and was 
        submitted in confidence by one source; or
            (3) the purpose of the contract is to take advantage of 
        unique and significant industrial accomplishment by a specific 
        concern, or to insure that a new product or idea of a specific 
        concern is given financial support:

Provided, That this limitation shall not apply to contracts in an amount 
of less than $25,000, contracts related to improvements of equipment 
that is in development or production, or contracts as to which a 
civilian official of the Department of Defense, who has been confirmed 
by the Senate, determines that the award of such contract is in the 
interest of the national defense.
    Sec. 8052. (a) Except as provided in subsections (b) and (c), none 
of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or

[[Page 115 STAT. 2259]]

            (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

[[Page 115 STAT. 2260]]

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. <<NOTE: Deadline. Certification. 10 USC 2674 note.>> (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

[[Page 115 STAT. 2261]]

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) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 374 note.>> (a) None of the funds 
available to the Department of Defense for any fiscal year for drug 
interdiction or counter-drug activities may be transferred to any other 
department or agency of the United States except as specifically 
provided in an appropriations law.

    (b) <<NOTE: 50 USC 403f note.>> 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.

[[Page 115 STAT. 2262]]

    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, <<NOTE: Applicability.>> 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

[[Page 115 STAT. 2263]]

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 the 
Department of Defense 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. <<NOTE: Notice.>>  (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) <<NOTE: Applicability.>> 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.

[[Page 115 STAT. 2264]]

    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, <<NOTE: Reports.>> 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.

[[Page 115 STAT. 2265]]

    Sec. 8078. <<NOTE: Applicability.>> For purposes of section 1553(b) 
of title 31, United States Code, any subdivision of appropriations made 
in this Act under the heading ``Shipbuilding and Conversion, Navy'' 
shall be considered to be for the same purpose as any subdivision under 
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any 
prior year, and the 1 percent limitation shall apply to the total amount 
of the appropriation.

    Sec. 8079. During the current fiscal year, in the case of an 
appropriation account of the Department of Defense for which the period 
of availability for obligation has expired or which has closed under the 
provisions of section 1552 of title 31, United States Code, and which 
has a negative unliquidated or unexpended balance, an obligation or an 
adjustment of an obligation may be charged to any current appropriation 
account for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly chargeable 
        (except as to amount) to the expired or closed account before 
        the end of the period of availability or closing of that 
        account;
            (2) the obligation is not otherwise properly chargeable to 
        any current appropriation account of the Department of Defense; 
        and
            (3) in the case of an expired account, the obligation is not 
        chargeable to a current appropriation of the Department of 
        Defense under the provisions of section 1405(b)(8) of the 
        National Defense Authorization Act for Fiscal Year 1991, Public 
        Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in 
        the case of an expired 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.

[[Page 115 STAT. 2266]]

    (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. <<NOTE: 31 USC 3902 note.>> 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

[[Page 115 STAT. 2267]]

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), <<NOTE: 114 Stat. 702.>>  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 <<NOTE: Deadline.>> more than 15 days after the 
exercise of any waiver under subsection (c), the Secretary of Defense 
shall submit

[[Page 115 STAT. 2268]]

a report to the congressional defense committees describing the 
extraordinary circumstances, the purpose and duration of the training 
program, the United States forces and the foreign security forces 
involved in the training program, and the information relating to human 
rights violations that necessitates the waiver.

    Sec. 8094. The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental equipment of the Department of Defense, at no 
cost to the Department of Defense, to Indian health service facilities 
and to federally-qualified health centers (within the meaning of section 
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
    Sec. 8095. The total amount appropriated in this Act is hereby 
reduced by $240,000,000 to reflect savings from favorable foreign 
currency fluctuations, to be derived as follows:
            ``Military Personnel, Army'', $39,400,000;
            ``Military Personnel, Navy'', $800,000;
            ``Military Personnel, Marine Corps'', $9,900,000;
            ``Military Personnel, Air Force'', $19,500,000;
            ``Operation and Maintenance, Army'', $87,600,000;
            ``Operation and Maintenance, Navy'', $18,300,000;
            ``Operation and Maintenance, Marine Corps'', $1,300,000;
            ``Operation and Maintenance, Air Force'', $33,800,000; and
            ``Operation and Maintenance, Defense-Wide'', $29,400,000.

    Sec. 8096. None of the funds appropriated or made available in this 
Act to the Department of the Navy shall be used to develop, lease or 
procure the T-AKE class of ships unless the main propulsion diesel 
engines and propulsors are manufactured in the United States by a 
domestically operated entity: Provided, That the Secretary of Defense 
may waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies are not 
available to meet Department of Defense requirements on a timely basis 
and that such an acquisition must be made in order to acquire capability 
for national security purposes or there exists a significant cost or 
quality difference.
    Sec. 8097. <<NOTE: 10 USC 221 note.>> 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

[[Page 115 STAT. 2269]]

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.

[[Page 115 STAT. 2270]]

    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) <<NOTE: Notification.>> 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.

[[Page 115 STAT. 2271]]

            (2) The term ``information technology system'' has the 
        meaning given the term ``information technology'' in section 
        5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
            (3) The term ``major automated information system'' has the 
        meaning given that term in Department of Defense Directive 
        5000.1.

    Sec. 8105. During the current fiscal year, none of the funds 
available to the Department of Defense may be used to provide support to 
another department or agency of the United States if such department or 
agency is more than 90 days in arrears in making payment to the 
Department of Defense for goods or services previously provided to such 
department or agency on a reimbursable basis: Provided, That this 
restriction shall not apply if the department is authorized by law to 
provide support to such department or agency on a nonreimbursable basis, 
and is providing the requested support pursuant to such authority: 
Provided further, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to the 
Committees on Appropriations of the House of Representatives and the 
Senate that it is in the national security interest to do so.
    Sec. 8106. None of the funds provided in this Act may be used to 
transfer to any nongovernmental entity ammunition held by the Department 
of Defense that has a center-fire cartridge and a United States military 
nomenclature designation of ``armor penetrator'', ``armor piercing 
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing 
incendiary-tracer (API-T)'', except to an entity performing 
demilitarization services for the Department of Defense under a contract 
that requires the entity to demonstrate to the satisfaction of the 
Department of Defense that armor piercing projectiles are either: (1) 
rendered incapable of reuse by the demilitarization process; or (2) used 
to manufacture ammunition pursuant to a contract with the Department of 
Defense or the manufacture of ammunition for export pursuant to a 
License for Permanent Export of Unclassified Military Articles issued by 
the Department of State.
    Sec. 8107. Notwithstanding any other provision of law, the Chief of 
the National Guard Bureau, or his designee, may waive payment of all or 
part of the consideration that otherwise would be required under 10 
U.S.C. 2667, in the case of a lease of personal property for a period 
not in excess of 1 year to any organization specified in 32 U.S.C. 
508(d), or any other youth, social, or fraternal non-profit organization 
as may be approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8108. <<NOTE: Alcohol and alcoholic beverages. 10 USC 2488 
note.>> 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, <<NOTE: Applicability.>> 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

[[Page 115 STAT. 2272]]

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. <<NOTE: Regulations.>> 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. <<NOTE: Contracts.>> (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.

[[Page 115 STAT. 2273]]

                      (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, <<NOTE: Reports. Deadline.>> 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. <<NOTE: Applicability. 10 USC 113 note.>> 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.).''.

[[Page 115 STAT. 2274]]

    (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, <<NOTE: Deadline.>> 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. <<NOTE: Contracts. Claims.>> 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. 601-613, on 
any claims which the Secretary determines to have merit: Provided 
further, That the Secretary of the Air Force may delegate evaluation and 
payment as above to the U.S. Army Corps of Engineers, Alaska District on 
a reimbursable basis.

    Sec. 8123. Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act is hereby reduced by 
$1,650,000,000, to reflect savings to be achieved from business

[[Page 115 STAT. 2275]]

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. <<NOTE: 10 USC note prec. 2161.>> 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 <<NOTE: Rules.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Notification.>> 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

[[Page 115 STAT. 2276]]

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;

[[Page 115 STAT. 2277]]

                    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) <<NOTE: Gwitchyaa Zhee Corporation.>> 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.

[[Page 115 STAT. 2278]]

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. <<NOTE: 42 USC 429 note.>> Notwithstanding section 229(a) 
of the Social Security Act, no wages shall be deemed to have been paid 
to any individual pursuant to that section in any calendar year after 
2001.

    Sec. 8135. The total amount appropriated in this Act is hereby 
reduced by $105,000,000 to reflect fact-of-life changes in utilities 
costs, to be derived as follows:
            ``Operation and Maintenance, Army'', $34,700,000;
            ``Operation and Maintenance, Navy'', $8,800,000;
            ``Operation and Maintenance, Marine Corps'', $7,200,000;
            ``Operation and Maintenance, Air Force'', $28,800,000;
            ``Operation and Maintenance, Defense-Wide'', $4,500,000;
            ``Operation and Maintenance, Army Reserve'', $2,700,000;
            ``Operation and Maintenance, Army National Guard'', 
        $2,700,000;
            ``Operation and Maintenance, Air National Guard'', 
        $3,400,000;
            ``Defense Working Capital Funds'', $7,100,000; and
            ``Defense Health Program'', $5,100,000.

    Sec. 8136. (a) Of the total amount appropriated for ``Operation and 
Maintenance, Air Force'', $2,100,000, to remain available until 
expended, shall be available to the Secretary of the Air Force only for 
the purpose of making a grant in the amount of $2,100,000 to the 
Lafayette Escadrille Memorial Foundation, Inc., to be used to perform 
the repair, restoration, and preservation of the structure, plaza, and 
surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-
Coguette, France.
    (b) The Secretary shall require as a condition of the grant--
            (1) that the funds provided through the grant be used only 
        for costs associated with such repair, restoration, and 
        preservation; and
            (2) that none of those funds may be used for remuneration of 
        any entity or individual associated with fund raising for the 
        project to carry out such repair, restoration, and preservation.

    Sec. 8137. <<NOTE: California. 16 USC 431 note.>> (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

[[Page 115 STAT. 2279]]

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). <<NOTE: Deadline.>> 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--

[[Page 115 STAT. 2280]]

            (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,

[[Page 115 STAT. 2281]]

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. <<NOTE: Reports. Deadline.>> 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) <<NOTE: Deadline.>> Report to Congress on Army Reorganization.--
The Secretary of the Army shall submit a report to the congressional 
defense committees no later than April 15, 2002 providing a detailed 
explanation of the final plans for realigning Army requirements 
generation, acquisition, resource management, and Departmental 
headquarters functions and systems. Such report shall include an 
independent assessment of the Army plan by the Center for Naval 
Analyses. Such report shall also include an analysis of the annual 
budget and personnel savings derived from this reorganization plan by 
major function compared to the fiscal year 2001 baseline for fiscal 
years 2002 through 2008.

    Sec. 8150. (a) Non-Profit Army Venture Capital Corporation.--Of the 
funds made available for ``Research, Development, Test and Evaluation, 
Army'', $25,000,000 shall be available to the Secretary of the Army only 
for the purpose of funding a venture capital investment corporation 
established pursuant to section 2371 of title 10 United States Code, to 
be derived as specified in subsection (b).
    (b) Funding.--The amount specified in subsection (a) shall be 
derived by reducing, on a pro rata basis, amounts made available to the 
Army for basic research and applied research, except for

[[Page 115 STAT. 2282]]

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).

[[Page 115 STAT. 2283]]

    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. <<NOTE: Deadline. Reports.>> (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).

[[Page 115 STAT. 2284]]

    (c) <<NOTE: Deadline. Reports.>> Not later than 6 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. <<NOTE: 10 USC 2401a note.>> 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 1 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) <<NOTE: Deadline.>> A period of not less than 30 
                calendar days has elapsed after submitting the report.
            (7) <<NOTE: Deadline. Reports.>> Not later than 1 year after 
        the date on which the first aircraft is delivered under this 
        Pilot Program, and yearly

[[Page 115 STAT. 2285]]

        thereafter on the anniversary of the first delivery, the 
        Secretary shall submit a report to the congressional defense 
        committees describing the status of the Pilot Program. The 
        Report will be based on at least 6 months of experience in 
        operating the Pilot Program.
            (8) The Air Force shall accept delivery of the aircraft in a 
        general purpose configuration.
            (9) At the conclusion of the lease term, each aircraft 
        obtained under that lease may be returned to the contractor in 
        the same configuration in which the aircraft was delivered.
            (10) The present value of the total payments over the 
        duration of each lease entered into under this authority shall 
        not exceed 90 percent of the fair market value of the aircraft 
        obtained under that lease.

    (d) No lease entered into under this authority shall provide for--
            (1) the modification of the general purpose aircraft from 
        the commercial configuration, unless and until separate 
        authority for such conversion is enacted and only to the extent 
        budget authority is provided in advance in appropriations Acts 
        for that purpose; or
            (2) the purchase of the aircraft by, or the transfer of 
        ownership to, the Air Force.

    (e) The authority granted to the Secretary of the Air Force by this 
section is separate from and in addition to, and shall not be construed 
to impair or otherwise affect, the authority of the Secretary to procure 
transportation or enter into leases under a provision of law other than 
this section.
    (f) The authority provided under this section may be used to lease 
not more than a total of 100 Boeing 767 aircraft and 4 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;

[[Page 115 STAT. 2286]]

            (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. <<NOTE: Reports. Deadline.>> 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. <<NOTE: Deadline. Reports.>> (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.

[[Page 115 STAT. 2287]]

    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,

[[Page 115 STAT. 2288]]

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. <<NOTE: Deadline. Reports.>> 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 5-year budget that will be required to fully fund such 
programs.

    Sec. 8172. (a) Modification of General Requirements.--Section 
1078(b) of the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-283) 
is amended--
            (1) in paragraph (1), by inserting ``, or its contractors or 
        subcontractors,'' after ``Department of Defense''; and
            (2) in paragraph (3), by striking ``stored, assembled, 
        disassembled, or maintained'' and inserting ``manufactured, 
        assembled, or disassembled''.

    (b) Determination of Exposures at IAAP.--The Secretary of Defense 
shall take appropriate actions to determine the nature and extent of the 
exposure of current and former employees at the Army facility at the 
Iowa Army Ammunition Plant, including contractor and subcontractor 
employees at the facility, to radioactive or other hazardous substances 
at the facility, including possible pathways for the exposure of such 
employees to such substances.
    (c) Notification of Employees Regarding Exposure.--(1) The Secretary 
shall take appropriate actions to--
            (A) identify current and former employees at the facility 
        referred to in subsection (b), including contractor and 
        subcontractor employees at the facility; and
            (B) notify such employees of known or possible exposures to 
        radioactive or other hazardous substances at the facility.

    (2) Notice under paragraph (1)(B) shall include--
            (A) information on the discussion of exposures covered by 
        such notice with health care providers and other appropriate 
        persons who do not hold a security clearance; and
            (B) if necessary, appropriate guidance on contacting health 
        care providers and officials involved with cleanup of the 
        facility who hold an appropriate security clearance.

    (3) Notice under paragraph (1)(B) shall be by mail or other 
appropriate means, as determined by the Secretary.
    (d) Deadline for Actions.--The Secretary shall complete the actions 
required by subsections (b) and (c) not later than 90 days after the 
date of the enactment of this Act.
    (e) <<NOTE: Deadline.>> 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

[[Page 115 STAT. 2289]]

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

        Counter-Terrorism and Operational Response Transfer Fund

                      (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, <<NOTE: Deadline. Reports.>> 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

[[Page 115 STAT. 2290]]

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 <<NOTE: Emergency Supplemental Act, 2002.>> 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'',

[[Page 115 STAT. 2291]]

$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, <<NOTE: Deadline.>> 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) <<NOTE: Ante, p. 730.>>  is amended under the 
heading ``Food and Drug Administration, Salaries and Expenses'' by 
striking ``$13,207,000'' and inserting ``$13,357,000''.

[[Page 115 STAT. 2292]]

    Sec. 102. Section 741(b) of the Agriculture, Rural Development, Food 
and Drug Administration, and Related Agencies Appropriations Act, 2002 
(Public Law 107-76), <<NOTE: Ante, p. 737.>>  is amended by striking 
``20,000,000 pounds'' and inserting ``5,000,000 pounds''.

                                CHAPTER 2

                          DEPARTMENT OF JUSTICE

                         General Administration

                       usa patriot act activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Patriot Act Activities'', 
$5,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38, of which up to $2,000,000 
may be available for a feasibility report, as authorized by section 405 
of Public Law 107-56: Provided, That funding for the implementation of 
such enhancements shall be treated as a reprogramming under section 605 
of Public Law 107-77 and shall not be available for obligation or 
expenditure except in compliance with the procedures set forth in that 
section.

                    administrative review and appeals

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Administrative Review and 
Appeals'', $3,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                            Legal Activities

             salaries and expenses, general legal activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses, 
General Legal Activities'', $12,500,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 107-
38.

             salaries and expenses, united states attorneys

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

          salaries and expenses, united states marshals service

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses, 
United States Marshals Service'', $10,200,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 107-
38, of which $5,000,000 shall be for courthouse security equipment.

[[Page 115 STAT. 2293]]

                              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.

[[Page 115 STAT. 2294]]

                           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.

[[Page 115 STAT. 2295]]

                   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

[[Page 115 STAT. 2296]]

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 115 STAT. 2297]]

                      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 1 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 2-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 1 year

[[Page 115 STAT. 2298]]

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. <<NOTE: Deadline. Reports.>> 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 5 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) <<NOTE: Ante, p. 784.>>  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) <<NOTE: 33 USC 857-19 note.>>  is amended in the 
proviso under the heading ``Commission on Ocean Policy'' by striking 
``appointment'' and inserting ``the first meeting of the Commission''.

[[Page 115 STAT. 2299]]

    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) <<NOTE: 28 USC 1605.>>  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 unobligated balances 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,

[[Page 115 STAT. 2300]]

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, <<NOTE: Deadlines. Reports.>> That within 30 days of enactment 
of this Act, and quarterly thereafter, the Secretary of Defense and the 
Director of Central Intelligence shall each provide to the Congress a 
report (in unclassified and classified form, as needed) specifying the 
projects and accounts to which funds provided in this chapter are to be 
transferred.

    Sec. 302. Amounts in the appropriation account ``Support for 
International Sporting Competitions, Defense'', may be used to support 
essential security and safety for the 2002 Winter Olympic Games in Salt 
Lake City, Utah, without the certification required under subsection 10 
U.S.C. 2564(a): Provided, That the term ``active duty'', in section 5802 
of Public Law 104-208 shall include State active duty and full-time 
National Guard duty performed by members of the Army National Guard and 
Air National Guard in connection with providing essential security and 
safety support to the 2002 Winter Olympic Games and logistical and 
security support to the 2002 Paralympic Games.
    Sec. 303. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence activities are deemed to 
be specifically authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414).
    Sec. 304. Notwithstanding any other provision of law, of the amounts 
appropriated in Public Law 107-38 which remained available in the 
Defense Emergency Response Fund on December 18, 2001, not to exceed 
$100,000,000 may be available for payments to Pakistan and Jordan for 
logistical and military support provided, or to be provided, to United 
States military operations in connection with Operation Enduring 
Freedom: Provided, That such payments may be made in amounts as the 
Secretary may determine in his discretion, and such determination is 
final and conclusive upon the accounting officers of the United States.

                      (including transfer of funds)

    Sec. 305. (a) During the current fiscal year, $475,000,000 of 
appropriations provided in this Act shall be transferred to the Pentagon 
Reservation Maintenance Revolving Fund only to

[[Page 115 STAT. 2301]]

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 funds unobligated in all fiscal year 2002 appropriations accounts in 
titles III and IV of division A of this Act, up to 1\1/2\ percent 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, <<NOTE: Notification. Deadline.>> 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 15 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 <<NOTE: Expiration 
date.>> such authority to transfer shall expire on April 30, 2002.

    Sec. 307. <<NOTE: 42 USC 2472 note.>> 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.

[[Page 115 STAT. 2302]]

                                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

[[Page 115 STAT. 2303]]

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, <<NOTE: Deadline.>> 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.

[[Page 115 STAT. 2304]]

   Federal Payment to the District of Columbia for Emergency Traffic 
                               Management

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain available 
until September 30, 2003, for emergency traffic management, $20,700,000, 
for the Department of Public Works Division of Transportation, of which 
$14,000,000 is to upgrade traffic light controllers, $4,700,000 is to 
establish a video traffic monitoring system, and $2,000,000 is to 
disseminate traffic information.

  Federal Payment to the District of Columbia for Training and Planning

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain available 
until September 30, 2003, for training and planning, $9,949,000, of 
which $4,400,000 is for the Fire and Emergency Medical Services 
Department, $990,000 is for the Metropolitan Police Department, 
$1,200,000 is for the Department of Health, $200,000 is for the Office 
of the Chief Medical Examiner, $500,000 is for the Office of Property 
Management, $500,000 is for the Department of Mental Health, $469,000 is 
for the Department of Consumer and Regulatory Affairs, $240,000 is for 
the Department of Public Works, $600,000 is for the Department of Human 
Services, $100,000 is for the Department of Parks and Recreation, and 
$750,000 is for the Division of Transportation.

   Federal Payment to the District of Columbia for Increased Facility 
                                Security

    For a Federal payment to the District of Columbia, to be obligated 
from amounts made available in Public Law 107-38 and to remain available 
until September 30, 2003, for increased facility security, $25,536,000, 
of which $3,900,000 is for the Emergency Management Agency, $14,575,000 
is for the public schools, and $7,061,000 is for the Office of Property 
Management.

  Federal Payment to the Washington Metropolitan Area Transit Authority

    For a Federal payment to the Washington Metropolitan Area Transit 
Authority to meet region-wide security requirements, a contribution of 
$39,100,000, to be obligated from amounts made available in Public Law 
107-38 and to remain available until September 30, 2003, of which 
$5,000,000 shall be used for protective clothing and breathing 
apparatus, $2,200,000 shall be for completion of the fiber optic network 
project, $15,000,000 shall be for a chemical emergency sensor program, 
and $16,900,000 shall be for increased employee and facility security.

  Federal Payment to the Metropolitan Washington Council of Governments

    For a Federal payment to the Metropolitan Washington Council of 
Governments to enhance regional emergency preparedness, coordination and 
response, $5,000,000, to be obligated from amounts

[[Page 115 STAT. 2305]]

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

[[Page 115 STAT. 2306]]

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, <<NOTE: Deadline.>> 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. <<NOTE: Reports. Deadline.>> 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: <<NOTE: Deadline.>> Provided, That all such funds 
shall be made available no later than September 30, 2002.

[[Page 115 STAT. 2307]]

    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), <<NOTE: Ante, p. 929.>> 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.

[[Page 115 STAT. 2308]]

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Defense Environmental 
Restoration and Waste Management'', $8,200,000, to remain available 
until expended, to be obligated from amounts made available in Public 
Law 107-38.

                        Other Defense Activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses necessary 
to support activities related to countering potential biological threats 
to civilian populations, for ``Other Defense Activities'', $3,500,000, 
to remain available until expended, to be obligated from amounts made 
available in Public Law 107-38.

                           INDEPENDENT AGENCY

                      Nuclear Regulatory Commission

                          salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses to 
increase the security of the Nation's nuclear power plants, for 
``Salaries and Expenses'', $36,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 107-
38: Provided, That the funds appropriated herein shall be excluded from 
license fee revenues, notwithstanding 42 U.S.C. 2214.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 501. Of the funds provided in this or any other Act for 
``Defense Environmental Restoration and Waste Management'' at the 
Department of Energy, up to $500,000 may be available to the Secretary 
of Energy for safety improvements to roads along the shipping route to 
the Waste Isolation Pilot Plant site.
    Sec. 502. Nutwood Levee, Illinois. The Energy and Water Development 
Appropriations Act, 2002 (Public Law 107-66) is amended under the 
heading ``Title I, Department of Defense--Civil, Department of the Army, 
Corps of Engineers--Civil, Construction, General'' <<NOTE: Ante, p. 
490.>> 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) <<NOTE: 43 USC 508.>> 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) <<NOTE: 43 USC 509.>> by inserting in section 5 after 
        ``levels),'' and before ``plus'' the following: ``and, effective 
        October 1, 2001, not to

[[Page 115 STAT. 2309]]

        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) <<NOTE: Ante, p. 489.>> 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) <<NOTE: Ante, p. 498.>> under the heading of ``Title II, 
        Department of the Interior, Bureau of Reclamation, Water and 
        Related Resources, (Including the Transfer of Funds)'', 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''.

[[Page 115 STAT. 2310]]

                                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'',

[[Page 115 STAT. 2311]]

$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. <<NOTE: Historic preservation. 20 USC 50 note.>> (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

[[Page 115 STAT. 2312]]

            (4) other artifacts, recordings, and testimonials that the 
        Secretary of the Smithsonian Institution determines have lasting 
        historical significance.

    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Smithsonian Institution $5,000,000 to carry out this 
section.
    Sec. 702. Section 29 of Public Law 92-203, as enacted under section 
4 of Public Law 94-204 (43 U.S.C. 1626), is amended by adding at the end 
of subsection (e) the following:
            ``(4)(A) Congress confirms that Federal procurement programs 
        for tribes and Alaska Native Corporations are enacted pursuant 
        to its authority under Article I, Section 8 of the United States 
        Constitution.
            ``(B) Contracting with an entity defined in subsection 
        (e)(2) of this section or section 3(c) of Public Law 93-262 
        shall be credited towards the satisfaction of a contractor's 
        obligations under section 7 of Public Law 87-305.
            ``(C) Any entity that satisfies subsection (e)(2) of this 
        section that has been certified under section 8 of Public Law 
        85-536 is a Disadvantaged Business Enterprise for the purposes 
        of Public Law 105-178.''.

                                CHAPTER 8

                           DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``Training and employment 
services'', $32,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That such amount shall be provided to the Consortium for Worker 
Education, established by the New York City Central Labor Council and 
the New York City Partnership, for an Emergency Employment 
Clearinghouse.

     state unemployment insurance and employment service operations

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``State Unemployment 
Insurance and Employment Service Operations'', $4,100,000, to remain 
available until expended, to be obligated from amounts made available in 
Public Law 107-38.

                      workers compensation programs

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Workers Compensation 
Programs'', $175,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That, of such amount, $125,000,000 shall be for payment to the New York 
State Workers Compensation Review Board, for the processing of claims 
related to the terrorist attacks: Provided further, That, of such 
amount, $25,000,000 shall be for payment

[[Page 115 STAT. 2313]]

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

[[Page 115 STAT. 2314]]

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.

[[Page 115 STAT. 2315]]

                     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. <<NOTE: 40 USC 174b-2.>> (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

[[Page 115 STAT. 2316]]

may acquire buildings and facilities for the use of the Senate, as 
appropriate, by lease, purchase, or such other arrangement as the 
Sergeant at Arms of the Senate considers appropriate (including a 
memorandum of understanding with the head of an executive agency, as 
defined in section 105 of title 5, United States Code, in the case of a 
building or facility under the control of such Agency). Actions taken by 
the Sergeant at Arms of the Senate must be approved by the Committees on 
Appropriations and Rules and Administration.

    (b) Agreements.--Notwithstanding any other provision of law, for 
purposes of carrying out subsection (a), the Sergeant at Arms of the 
Senate may carry out such activities and enter into such agreements 
related to the use of any building or facility acquired pursuant to such 
subsection as the Sergeant at Arms of the Senate considers appropriate, 
including--
            (1) agreements with the United States Capitol Police or any 
        other entity relating to the policing of such building or 
        facility; and
            (2) agreements with the Architect of the Capitol or any 
        other entity relating to the care and maintenance of such 
        building or facility.

    (c) Authority of Capitol Police and Architect.--
            (1) Architect of the capitol.--Notwithstanding any other 
        provision of law, the Architect of the Capitol may take any 
        action necessary to carry out an agreement entered into with the 
        Sergeant at Arms of the Senate pursuant to subsection (b).
            (2) Capitol police.--Section 9 of the Act of July 31, 1946 
        (40 U.S.C. 212a) is amended--
                    (A) by striking ``The Capitol Police'' and inserting 
                ``(a) The Capitol Police''; and
                    (B) by adding at the end the following new 
                subsection:

    ``(b) For purposes of this section, `the United States Capitol 
Buildings and Grounds' shall include any building or facility acquired 
by the Sergeant at Arms of the Senate for the use of the Senate for 
which the Sergeant at Arms of the Senate has entered into an agreement 
with the United States Capitol Police for the policing of the building 
or facility.''.
    (d) Transfer of Certain Funds.--Subject to the approval of the 
Committee on Appropriations of the Senate, the Architect of the Capitol 
may transfer to the Sergeant at Arms of the Senate amounts made 
available to the Architect for necessary expenses for the maintenance, 
care and operation of the Senate office buildings during a fiscal year 
in order to cover any portion of the costs incurred by the Sergeant at 
Arms of the Senate during the year in acquiring a building or facility 
pursuant to subsection (a).
    (e) <<NOTE: Applicability.>> 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. <<NOTE: 2 USC 130g.>> (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

[[Page 115 STAT. 2317]]

        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) <<NOTE: Applicability.>> This section shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year.

                        HOUSE OF REPRESENTATIVES

                        Administrative Provisions

    Sec. 903. <<NOTE: 40 USC 175a.>> (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.''.

[[Page 115 STAT. 2318]]

    (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) <<NOTE: Applicability.>> 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) <<NOTE: 2 USC 130h.>> 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) <<NOTE: Applicability.>> This section shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year.

    Sec. 905. <<NOTE: Establishment. 2 USC 130i.>> (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) <<NOTE: Establishment.>> 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

[[Page 115 STAT. 2319]]

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) <<NOTE: Effective date. Applicability.>> 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. <<NOTE: Anthrax. Mail.>> (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) <<NOTE: Applicability.>> 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) <<NOTE: 40 USC 206 note.>> 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) <<NOTE: Applicability. 40 USC 206-1 note.>> This section and the 
amendment made by this section shall apply with respect to pay periods 
beginning on or after the date of the enactment of this Act.

    Sec. 908. <<NOTE: 40 USC 207b-1.>> (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

[[Page 115 STAT. 2320]]

            (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) <<NOTE: Applicability.>> This section shall apply to fiscal year 
2002 and each fiscal year thereafter.

    Sec. 909. <<NOTE: 40 USC 207b-2.>> (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

[[Page 115 STAT. 2321]]

                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.

[[Page 115 STAT. 2322]]

    (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, the Committee on House 
        Administration of the House of Representatives, and the 
        Committees on Appropriations of the Senate and the House of 
        Representatives.

    (g) <<NOTE: Applicability.>> Effective Date.--This section shall 
apply with respect to fiscal year 2002 and each succeeding fiscal year.

    Sec. 910. <<NOTE: 40 USC 206d-1.>> 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. <<NOTE: 40 USC 212c.>> 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

[[Page 115 STAT. 2323]]

                    (B) expenditures made by Executive departments and 
                agencies, in providing assistance at the request of the 
                United States Capitol Police in the performance of its 
                duties, and which will be reimbursed by the United 
                States Capitol Police under this section.
            (4) Provision of assistance.--Assistance under this section 
        shall be provided--
                    (A) consistent with the authority of the Capitol 
                Police under sections 9 and 9A of the Act of July 31, 
                1946 (40 U.S.C. 212a and 212a-2);
                    (B) upon the advance written request of--
                          (i) the Capitol Police Board; or
                          (ii) in an emergency--
                                    (I) the Sergeant at Arms and 
                                Doorkeeper of the Senate in any matter 
                                relating to the Senate; or
                                    (II) the Sergeant at Arms of the 
                                House of Representatives in any matter 
                                relating to the House of 
                                Representatives; and
                    (C)(i) on a temporary and reimbursable basis;
                    (ii) on a permanent reimbursable basis upon advance 
                written request of the Capitol Police Board; or
                    (iii) on a temporary basis without reimbursement by 
                the Department of Defense and the Coast Guard as 
                described under paragraph (1).

    (b) Reports.--
            (1) <<NOTE: Deadline.>> 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 not later than 90 
        days after the end of the 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) <<NOTE: Applicability.>> 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 Captiol 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

[[Page 115 STAT. 2324]]

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) <<NOTE: Expiration date.>> This section shall expire on 
September 30, 2002.

    Sec. 913. <<NOTE: 40 USC 188a-2 note.>> (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) <<NOTE: Applicability.>> 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, <<NOTE: Ante, p. 580.>>  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) <<NOTE: Applicability. 40 USC 166b-3b note. Short title.3Ante, 
p. 560.>> 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) <<NOTE: Effective date.>> The amendment made by subsection (a) 
shall take effect as if included in the enactment of Public Law 107-68.

    Sec. <<NOTE: 2 USC 60c-5.>> 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) <<NOTE: 36 USC note prec. 101.>> 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

[[Page 115 STAT. 2325]]

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. <<NOTE: Notification.>> 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) <<NOTE: Effective date. 36 USC note prec. 101.>> 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) <<NOTE: Ante, p. 581.>>  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) <<NOTE: Effective date.>> 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).

[[Page 115 STAT. 2326]]

                               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) <<NOTE: Deadline.>> 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

[[Page 115 STAT. 2327]]

meaning given that term in section 2801 (4) of title 10, United States 
Code.
    Sec. 1002. Section 138 of Public Law 106-246 <<NOTE: 114 Stat. 
524.>>  is amended by striking ``$77,500,000'' and inserting in lieu 
``$102,000,000 for project completion''.

    Sec. 1003. Section 2202(a) of the National Defense Authorization Act 
for Fiscal Year 2002 <<NOTE: Ante, p. 1288.>>  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.

[[Page 115 STAT. 2328]]

                     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.

[[Page 115 STAT. 2329]]

                          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.

[[Page 115 STAT. 2330]]

              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

[[Page 115 STAT. 2331]]

                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).'';
            (3) by inserting after subparagraph (D), as redesignated by 
        paragraph (1), the following new subparagraph (E):
                    ``(E) Definitions.--In this paragraph:
                          ``(i) The term `initial deployment area' means 
                      a metropolitan area referred to in the second 
                      sentence of subparagraph (A).
                          ``(ii) The term `follow-on deployment areas' 
                      means the metropolitan areas of Baltimore, 
                      Birmingham, Boston, Chicago, Cleveland, Dallas/Ft. 
                      Worth, Denver, Detroit, Houston, Indianapolis, Las 
                      Vegas, Los Angeles, Miami, New York/Northern New 
                      Jersey, Northern Kentucky/Cincinnati, Oklahoma 
                      City, Orlando, Philadelphia, Phoenix, Pittsburgh, 
                      Portland, Providence, Salt Lake, San Diego, San 
                      Francisco, St. Louis, Seattle, Tampa, and 
                      Washington, District of Columbia.''; and
            (4) 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.

[[Page 115 STAT. 2332]]

    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 <<NOTE: Ante, p. 860.>> 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, <<NOTE: 23 USC 181 
note.>>  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.

[[Page 115 STAT. 2333]]

                 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, <<NOTE: Notification.>> That the Secretary of the Treasury is 
directed to review the activities proposed to be carried out with the 
funds subject to the previous

[[Page 115 STAT. 2334]]

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

[[Page 115 STAT. 2335]]

Law 107-38: Provided, That of the amounts appropriated, no funds shall 
be obligated for the purpose of sanitizing and screening the mail until 
the Postal Service submits to the Committees on Appropriations, the 
House Committee on Government Reform, and the Senate Committee on 
Governmental Affairs an emergency preparedness plan to combat the threat 
of biological and chemical substances in the mail, including a plan for 
expenditure of funds in support of the emergency preparedness plan.

                    EXECUTIVE OFFICE OF THE PRESIDENT

                        Office of Administration

                          salaries and expenses

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Salaries and Expenses'', 
$50,040,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                          INDEPENDENT AGENCIES

                     General Services Administration

                        real property activities

                         federal buildings fund

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

              National Archives and Records Administration

                           operating expenses

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

                         repairs and restoration

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

                     GENERAL PROVISION, THIS CHAPTER

    Sec. 1201. Section 652(c)(1) of Public Law 107-67 <<NOTE: 39 USC 416 
and note.>>  is amended by striking ``Section 414(c)'' and inserting 
``Section 416(c)''.

[[Page 115 STAT. 2336]]

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                       Departmental Administration

                       general operating expenses

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

               DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Community Development 
Fund'', $2,000,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: Provided, 
That such funds shall be subject to the first through sixth provisos in 
section 434 of Public Law 107-73: Provided further, That <<NOTE: New 
York. Deadline.>>  the State of New York, in conjunction with the City 
of New York, shall, through the Lower Manhattan Redevelopment 
Corporation (``the corporation''): (1) distribute the funds provided for 
the ``Community Development Fund''; (2) within 45 days of enactment of 
this Act, issue the initial criteria and requirements necessary to 
accept applications from individuals, nonprofits, and small businesses 
for economic losses from the September 11, 2001, terrorist attacks; and 
(3) begin processing such applications: Provided further, That the 
corporation shall expeditiously respond to any application from an 
individual, nonprofit, or small business for economic losses under this 
heading: Provided further, That of the total amount made available for 
the ``Community Development Fund'', including amounts previously made 
available by transfer pursuant to the fifth proviso of Public Law 107-
38, no less than $500,000,000 shall be made available for individuals, 
nonprofits, or small businesses described in the prior three provisos, 
with a limit of $500,000 per small business for economic losses: 
Provided further, That amounts made available in the previous proviso 
shall only be available for individuals, nonprofits, or small businesses 
located in New York City in the area located on or south of West 14th 
Street (west of its intersection with 5th Avenue), or on or south of 
East 14th Street (east of its intersection with 5th Street): Provided 
further, That, of the amount provided in this paragraph, $10,000,000 
shall be used for a program to aid the travel and tourism industry in 
New York City.

                      Management and Administration

                       office of inspector general

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

[[Page 115 STAT. 2337]]

                          INDEPENDENT AGENCIES

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      National Institutes of Health

           national institute of environmental health sciences

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for ``National Institute of 
Environmental Health Sciences'' for carrying out under current 
authorities, worker training, research, and education activities, 
$10,500,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.
    Public Law 107-73 <<NOTE: Ante, p. 682.>>  is amended under this 
heading by adding ``and section 126(g) of the Superfund Amendments and 
Reauthorization Act of 1986,'' after the words, ``as amended,''.

                     Environmental Protection Agency

                         science and technology

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for ``Science and technology'', 
$90,308,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                  environmental programs and management

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for ``Environmental programs and 
management'', $39,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                      hazardous substance superfund

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for ``Hazardous substance superfund'', 
$41,292,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                   state and tribal assistance grants

    For making grants for emergency expenses to respond to the September 
11, 2001, terrorist attacks on the United States, and to support 
activities related to countering potential biological and chemical 
threats to populations, for ``State and tribal assistance grants'', 
$5,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended by striking ``Florida 
Department of Environmental Protection'' in reference to item number 92, 
and inserting ``Southwest Florida Water Management District''; and by 
striking ``Southeast'' in reference to item number 9, and inserting 
``Southwest''.

[[Page 115 STAT. 2338]]

    The referenced statement of the managers under this heading in 
Public Law 106-377 is deemed to be amended by striking ``repairs to 
water and sewer lines'' in reference to item number 171 and inserting 
``water and wastewater infrastructure improvements''.

                   Federal Emergency Management Agency

                             disaster relief

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Disaster relief'', 
$4,356,871,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                          salaries and expenses

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

              emergency management planning and assistance

                      (including transfer of funds)

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Emergency management 
planning and assistance'', $10,000,000, to remain available until 
expended, to be obligated from amounts made available in Public Law 107-
38, which shall be available for support of the 2002 Winter Olympics.
    For an additional amount for emergency expenses to respond to the 
September 11, 2001, terrorist attacks on the United States and to 
support activities related to countering terrorism, for ``Emergency 
management planning and assistance'', $210,000,000, to remain available 
until September 30, 2003, for programs as authorized by section 33 of 
the Federal Fire Prevention and Control Act of 1974, as amended (15 
U.S.C. 2201 et seq.), as in effect on December 7, 2001, to be obligated 
from amounts made available in Public Law 107-38: Provided, That up to 5 
percent of this amount shall be transferred to ``Salaries and Expenses'' 
for program administration.

              National Aeronautics and Space Administration

                           human space flight

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Human space flight'', 
$76,000,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38.

                   science, aeronautics and technology

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Science, aeronautics and 
technology'', $32,500,000, to remain available until expended,

[[Page 115 STAT. 2339]]

to be obligated from amounts made available in Public Law 107-38.

                       National Science Foundation

                     research and related activities

    For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for ``Research and related 
activities'', $300,000 to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1301. <<NOTE: Unity in the Spirit of America Act.>> (a) This 
section may be cited as the ``Unity in the Spirit of America Act'' or 
the ``USA Act''.

    (b) <<NOTE: 42 USC 12501 note.>> The National and Community Service 
Act of 1990 (42 U.S.C. 12501 et seq.) is amended by inserting before 
title V the following:

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

``SEC. 401. <<NOTE: 42 USC 12671.>> PROJECTS.

    ``(a) Definition.--In this section, the term `Foundation' means the 
Points of Light Foundation funded under section 301, or another 
nonprofit private organization, that enters into an agreement with the 
Corporation to carry out this section.
    ``(b) Identification of Projects.--
            ``(1) <<NOTE: Deadline.>> Estimated number.--Not later than 
        March 1, 2002, the Foundation, after obtaining the guidance of 
        the heads of appropriate Federal agencies, such as the Director 
        of the Office of Homeland Security and the Attorney General, 
        shall--
                    ``(A) make an estimate of the number of victims 
                killed as a result of the terrorist attacks on September 
                11, 2001 (referred to in this section as the `estimated 
                number'); and
                    ``(B) <<NOTE: Records.>> compile a list that 
                specifies, for each individual that the Foundation 
                determines to be such a victim, the name of the victim 
                and the State in which the victim resided.
            ``(2) Identified projects.--The Foundation may identify 
        approximately the estimated number of community-based national 
        and community service projects that meet the requirements of 
        subsection (d). The Foundation may name projects in honor of 
        victims described in subsection (b)(1)(A), after obtaining the 
        permission of an appropriate member of the victim's family and 
        the entity carrying out the project.

    ``(c) Eligible Entities.--To be eligible to have a project named 
under this section, the entity carrying out the project shall be a 
political subdivision of a State, a business, a nonprofit organization 
(which may be a religious organization), an Indian tribe, or an 
institution of higher education.
    ``(d) Projects.--The Foundation shall name, under this section, 
projects--
            ``(1) that advance the goals of unity, and improving the 
        quality of life in communities; and

[[Page 115 STAT. 2340]]

            ``(2) that will be planned, or for which implementation will 
        begin, within a reasonable period after the date of enactment of 
        the Unity in the Spirit of America Act, as determined by the 
        Foundation.

    ``(e) Website and Database.--The Foundation shall create and 
maintain websites and databases, to describe projects named under this 
section and serve as appropriate vehicles for recognizing the 
projects.''.
    Sec. 1302. Within funds previously appropriated as authorized under 
the Native American Housing and Self Determination Act of 1996 (Public 
Law 104-330, section 1(a); 110 Stat. 4016) and made available to Cook 
Inlet Housing Authority, Cook Inlet Housing Authority may use up to 
$9,500,000 of such funds to construct student housing for Native college 
students, including an on-site computer lab and related study 
facilities, and, notwithstanding any provision of such Act to the 
contrary, Cook Inlet Housing Authority may use a portion of such funds 
to establish a reserve fund and to provide for maintenance of the 
project.
    Sec. 1303. Of the amounts made available under both the heading 
``Housing certificate fund'' and the heading ``Salaries and Expenses'' 
in title II of Public Law 107-73, not to exceed $11,300,000 shall be for 
the recordation and liquidation of obligations and deficiencies incurred 
in prior years in connection with the provision of technical assistance 
authorized under section 514 of the Multifamily Assisted Housing Reform 
and Affordability Act of 1997 (``section 514''), and notwithstanding any 
other provision of law, for new obligations for such technical 
assistance: Provided, That of the $11,300,000 made available, up to 
$1,300,000 shall be for reimbursement of vouchers submitted by section 
514 grantees as of October 15, 2001: Provided further, That of the total 
amount provided under the heading ``Salaries and Expenses'' in title II 
of Public Law 107-73, $500,000 shall be made available from salaries and 
expenses allocated to the Office of General Counsel and $1,000,000 shall 
be made available from salaries and expenses allocated to the Office of 
Multifamily Housing Assistance Restructuring in the Department of 
Housing and Urban Development for new obligations for the provision of 
technical assistance authorized under section 514: Provided further, 
That of the $11,300,000 provided under this section, no more than 
$10,000,000 shall be made available for new obligations for technical 
assistance under section 514: Provided further, That from amounts made 
available under this section, the Inspector General of the Department of 
Housing and Urban Development (``HUD Inspector General'') shall audit 
each provision of technical assistance obligated under the requirements 
of section 514 over the last 4 years: Provided further, That to the 
extent the HUD Inspector General determines that the use of any funding 
for technical assistance does not meet the requirements of section 514, 
the Secretary of Housing and Urban Development (``Secretary'') shall 
recapture any such funds: Provided further, That no funds appropriated 
under title II of Public Law 107-73 and subsequent appropriations acts 
for the Department of Housing and Urban Development shall be made 
available for 4 years to any entity (or any subsequent entity comprised 
of significantly the same officers) that has been identified as having 
violated the requirements of section 514 by the HUD Inspector General: 
Provided further, That, notwithstanding any other provision of law, no 
funding for technical assistance shall be available for carryover

[[Page 115 STAT. 2341]]

from any previous year: Provided further, That the recordation and 
liquidation of obligations and deficiencies under this heading shall not 
pardon or release an officer or employee of the United States Government 
for an act or acts in violation of the Anti-deficiency Act (31 U.S.C. 
1341): Provided further, That the Secretary shall implement the 
provisions under this section in a manner that does not accelerate 
outlays.
    Sec. 1304. The referenced statement of the managers pertaining to 
economic development initiatives under the heading ``Community 
Development Fund'' in Public Law 107-73 is deemed to be amended by 
striking ``Willacacy County Boys and Girls Club in Willacacy County, 
Texas'' in reference to an appropriation for the Willacy County Boys and 
Girls Club, and inserting ``Willacy County Boys and Girls Club in 
Willacy County, Texas''; by striking ``Acres Home Community Development 
Corporation'' in reference to an appropriation in Houston, Texas, and 
inserting ``Old Acres Homes Citizens Council''; and by striking 
``$250,000 to the Good Shepard School in Braddock, Pennsylvania for 
facility renovation;'' in reference to an appropriation in Braddock, 
Pennsylvania, and inserting ``$250,000 for facility renovation, of which 
$50,000 is for the Good Shepard School in Braddock, Pennsylvania, and 
$200,000 is for the Phipps Conservatory and Botanical Gardens in 
Pittsburgh, Pennsylvania;''.

                               CHAPTER 14

                    GENERAL PROVISIONS, THIS DIVISION

    Sec. 1401. Amounts which may be obligated pursuant to this division 
are subject to the terms and conditions provided in Public Law 107-38.
    Sec. 1402. No part of any appropriation contained in this division 
shall remain available for obligation beyond the current fiscal year 
unless expressly so provided herein.
    Sec. 1403. Notwithstanding any other provision of law, of the funds 
made available in this or any other Act, funds may be transferred to the 
Department of Defense from an agency receiving National Guard services 
related to homeland security to cover the costs of such services that 
the agency incurred after the date of enactment of this Act: 
Provided, <<NOTE: Expiration date.>> That such authority to transfer 
shall expire on April 30, 2002: Provided 
further, <<NOTE: Reports.>> That each agency receiving National Guard 
services related to homeland security shall submit to the House and 
Senate Committees on Appropriations a detailed report of the National 
Guard's homeland defense activities and expenses incurred after the date 
of enactment of this Act and planned for the remainder of fiscal year 
2002 for that agency and any proposed transfers 15 days prior to such 
transfers pursuant to this authority.

    This division may be cited as the ``Emergency Supplemental Act, 
2002''.

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

    Sec. 101. (a) Discretionary Spending Limits.--Section 251(c)(6) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 
is <<NOTE: 2 USC 901.>> amended--

[[Page 115 STAT. 2342]]

            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) for the discretionary category: 
                $681,441,000,000 in new budget authority and 
                $670,206,000,000 in outlays;'';
            (2) in subparagraph (C), by striking the second ``and'' 
        after the semicolon; and
            (3) in subparagraph (D), by striking ``$1,232,000,000'' and 
        inserting ``$1,473,000,000''.

    (b) Revised Aggregates and Allocations.--Upon the enactment of this 
section, the chairman of the Committee on the Budget of the House of 
Representatives and the chairman of the Committee on the Budget of the 
Senate shall each--
            (1) revise the aggregate levels of new budget authority and 
        outlays for fiscal year 2002 set in sections 101(2) and 101(3) 
        of the concurrent resolution on the budget for fiscal year 2002 
        (H. Con. Res. 83, 107th Congress), to the extent necessary to 
        reflect the revised limits on discretionary budget authority and 
        outlays for fiscal year 2002 provided in subsection (a);
            (2) revise allocations under section 302(a) of the 
        Congressional Budget Act of 1974 to the Committee on 
        Appropriations of their respective House as initially set forth 
        in the joint explanatory statement of managers accompanying the 
        conference report on that concurrent resolution, to the extent 
        necessary to reflect the revised limits on discretionary budget 
        authority and outlays for fiscal year 2002 provided in 
        subsection (a); and
            (3) <<NOTE: Congressional Record.>> publish those revised 
        aggregates and allocations in the Congressional Record.

    (c) Repeal of Section 203 of Budget Resolution for Fiscal Year 
2002.--Section 203 of the concurrent resolution on the budget for fiscal 
year 2002 (H. Con. Res. 83, 107th Congress) is repealed.
    (d) Adjustments.--If, for fiscal year 2002, the amount of new budget 
authority provided in appropriation Acts exceeds the discretionary 
spending limit on new budget authority for any category due to technical 
estimates made by the Director of the Office of Management and Budget, 
the Director shall make an adjustment equal to the amount of the excess, 
but not to exceed an amount equal to 0.12 percent of the sum of the 
adjusted discretionary limits on new budget authority for all categories 
for fiscal year 2002.
    Sec. 102. <<NOTE: 2 USC 902 note.>> Pay-As-You-Go Adjustment.--In 
preparing the final sequestration report for fiscal year 2002 required 
by section 254(f)(3) of the Balanced Budget and Emergency Deficit 
Control Act of 1985, the Director of the Office of Management and Budget 
shall change any balance of direct spending and receipts legislation for 
fiscal years 2001 and 2002 under section 252 of that Act to zero.

    Sec. 103. <<NOTE: President. Reports.>> When the President submits a 
budget of the United States Government under section 1105(a) of title 
31, United States Code, for fiscal year 2003, he shall submit a report 
to the Congress that identifies any emergency-designated funding 
(pursuant to section 251(b)(2)(A) or section 252(e) of the Balanced 
Budget and Emergency Deficit Control Act of 1985) in legislation enacted 
after September 11, 2001, and before such submission in response to the 
events of September 11, 2001, that is of an ongoing and recurring 
nature.

[[Page 115 STAT. 2343]]

    Sec. 104. (a) The section 302(a) allocations, as adjusted pursuant 
to section 101(b), shall be deemed to be allocations set forth in the 
joint explanatory statement of managers accompanying the concurrent 
resolution on the budget for fiscal year 2002 for all purposes under 
titles III and IV of the Congressional Budget Act of 1974.
    (b) Repealer.--Section 221(d)(2) of the concurrent resolution on the 
budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st 
session) is repealed.

                  DIVISION D--MISCELLANEOUS PROVISIONS

       TITLE <<NOTE: Homestake Mine Conveyance Act of 2001. South 
Dakota. California.>> I--CONVEYANCE OF HOMESTAKE MINE

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS.

    Congress finds the following:
            (1) The United States is among the leading nations in the 
        world in conducting basic scientific research.
            (2) That leadership position strengthens the economy and 
        national defense of the United States and provides other 
        important benefits.
            (3) The Homestake Mine in Lead, South Dakota, owned by the 
        Homestake Mining Company of California, is approximately 8,000 
        feet deep and is situated in a unique physical setting that is 
        ideal for carrying out certain types of particle physics and 
        other research.
            (4) The Mine has been selected by the National Underground 
        Science Laboratory Committee, an independent panel of 
        distinguished scientists, as the preferred site for the 
        construction of the National Underground Science Laboratory.
            (5) Such a laboratory would be used to conduct scientific 
        research that would be funded and recognized as significant by 
        the United States.
            (6) The establishment of the laboratory is in the national 
        interest and would substantially improve the capability of the 
        United States to conduct important scientific research.
            (7) For economic reasons, Homestake intends to cease 
        operations at the Mine in 2001.
            (8) On cessation of operations of the Mine, Homestake 
        intends to implement reclamation actions that would preclude the 
        establishment of a laboratory at the Mine.
            (9) Homestake has advised the State that, after cessation of 
        operations at the Mine, instead of closing the entire Mine, 
        Homestake is willing to donate the underground portion of the 
        Mine and certain other real and personal property of substantial 
        value at the Mine for use as the National Underground Science 
        Laboratory.
            (10) Use of the Mine as the site for the laboratory, instead 
        of other locations under consideration, would result in a 
        savings of millions of dollars for the Federal Government.

[[Page 115 STAT. 2344]]

            (11) If the Mine is selected as the site for the laboratory, 
        it is essential that closure of the Mine not preclude the 
        location of the laboratory at the Mine.
            (12) Homestake is unwilling to donate, and the State is 
        unwilling to accept, the property at the Mine for the laboratory 
        if Homestake and the State would continue to have potential 
        liability with respect to the transferred property.
            (13) To secure the use of the Mine as the location for the 
        laboratory and to realize the benefits of the proposed 
        laboratory it is necessary for the United States to--
                    (A) assume a portion of any potential future 
                liability of Homestake concerning the Mine; and
                    (B) address potential liability associated with the 
                operation of the laboratory.

SEC. 103. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Affiliate.--
                    (A) In general.--The term ``affiliate'' means any 
                corporation or other person that controls, is controlled 
                by, or is under common control with Homestake.
                    (B) Inclusions.--The term ``affiliate'' includes a 
                director, officer, or employee of an affiliate.
            (3) Conveyance.--The term ``conveyance'' means the 
        conveyance of the Mine to the State under section 104(a).
            (4) Fund.--The term ``Fund'' means the Environment and 
        Project Trust Fund established under section 108.
            (5) Homestake.--
                    (A) In general.--The term ``Homestake'' means the 
                Homestake Mining Company of California, a California 
                corporation.
                    (B) Inclusion.--The term ``Homestake'' includes--
                          (i) a director, officer, or employee of 
                      Homestake;
                          (ii) an affiliate of Homestake; and
                          (iii) any successor of Homestake or successor 
                      to the interest of Homestake in the Mine.
            (6) Independent entity.--The term ``independent entity'' 
        means an independent entity selected jointly by Homestake, the 
        South Dakota Department of Environment and Natural Resources, 
        and the Administrator--
                    (A) to conduct a due diligence inspection under 
                section 104(b)(2)(A); and
                    (B) to determine the fair value of the Mine under 
                section 105(a).
            (7) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given the term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            (8) Laboratory.--
                    (A) In general.--The term ``laboratory'' means the 
                national underground science laboratory proposed to be 
                established at the Mine after the conveyance.
                    (B) Inclusion.--The term ``laboratory'' includes 
                operating and support facilities of the laboratory.
            (9) Mine.--

[[Page 115 STAT. 2345]]

                    (A) In general.--The term ``Mine'' means the portion 
                of the Homestake Mine in Lawrence County, South Dakota, 
                proposed to be conveyed to the State for the 
                establishment and operation of the laboratory.
                    (B) Inclusions.--The term ``Mine'' includes--
                          (i) real property, mineral and oil and gas 
                      rights, shafts, tunnels, structures, backfill, 
                      broken rock, fixtures, facilities, and personal 
                      property to be conveyed for establishment and 
                      operation of the laboratory, as agreed upon by 
                      Homestake and the State; and
                          (ii) any water that flows into the Mine from 
                      any source.
                    (C) Exclusions.--The term ``Mine'' does not 
                include--
                          (i) the feature known as the ``Open Cut'';
                          (ii) any tailings or tailings storage facility 
                      (other than backfill in the portion of the Mine 
                      described in subparagraph (A)); or
                          (iii) any waste rock or any site used for the 
                      dumping of waste rock (other than broken rock in 
                      the portion of the Mine described in subparagraph 
                      (A)).
            (10) Person.--The term ``person'' means--
                    (A) an individual;
                    (B) a trust, firm, joint stock company, corporation 
                (including a government corporation), partnership, 
                association, limited liability company, or any other 
                type of business entity;
                    (C) a State or political subdivision of a State;
                    (D) a foreign governmental entity;
                    (E) an Indian tribe; and
                    (F) any department, agency, or instrumentality of 
                the United States.
            (11) Project sponsor.--The term ``project sponsor'' means an 
        entity that manages or pays the costs of one or more projects 
        that are carried out or proposed to be carried out at the 
        laboratory.
            (12) Scientific advisory board.--The term ``Scientific 
        Advisory Board'' means the entity designated in the management 
        plan of the laboratory to provide scientific oversight for the 
        operation of the laboratory.
            (13) State.--
                    (A) In general.--The term ``State'' means the State 
                of South Dakota.
                    (B) Inclusions.--The term ``State'' includes an 
                institution, agency, officer, or employee of the State.

SEC. 104. CONVEYANCE OF REAL PROPERTY.

    (a) In General.--
            (1) Delivery of documents.--Subject to paragraph (2) and 
        subsection (b) and notwithstanding any other provision of law, 
        on the execution and delivery by Homestake of one or more 
        quitclaim deeds or bills of sale conveying to the State all 
        right, title, and interest of Homestake in and to the Mine, 
        title to the Mine shall pass from Homestake to the State.
            (2) Condition of mine on conveyance.--The Mine shall be 
        conveyed as is, with no representations as to the condition of 
        the property.

[[Page 115 STAT. 2346]]

    (b) Requirements for Conveyance.--
            (1) In general.--The Administrator's acceptance of the final 
        report or certification of the independent entity under 
        paragraph (4) is a condition precedent of the conveyance and of 
        the assumption of liability by the United States in accordance 
        with this title.
            (2) Due diligence inspection.--
                    (A) In general.--As a condition precedent of 
                conveyance and of Federal participation described in 
                this title, Homestake shall permit an independent entity 
                to conduct a due diligence inspection of the Mine to 
                determine whether any condition of the Mine may present 
                an imminent and substantial endangerment to public 
                health or the environment.
                    (B) Consultation.--As a condition precedent of the 
                conduct of a due diligence inspection, the 
                Administrator, in consultation with Homestake, the South 
                Dakota Department of Environment and Natural Resources, 
                and the independent entity, shall define the methodology 
                and standards to be used, and other factors to be 
                considered, by the independent entity in--
                          (i) the conduct of the due diligence 
                      inspection;
                          (ii) the scope of the due diligence 
                      inspection; and
                          (iii) the time and duration of the due 
                      diligence inspection.
                    (C) Participation by homestake.--Nothing in this 
                paragraph requires Homestake to participate in the 
                conduct of the due diligence inspection.
            (3) Report to the administrator.--
                    (A) In general.--The independent entity shall submit 
                to the Administrator a report that--
                          (i) describes the results of the due diligence 
                      inspection under paragraph (2); and
                          (ii) identifies any condition of or in the 
                      Mine that may present an imminent and substantial 
                      endangerment to public health or the environment.
                    (B) Procedure.--
                          (i) Draft report.--Before finalizing the 
                      report under this paragraph, the independent 
                      entity shall--
                                    (I) issue a draft report;
                                    (II) submit to the Administrator, 
                                Homestake, and the State a copy of the 
                                draft report;
                                    (III) <<NOTE: Notice.>> issue a 
                                public notice requesting comments on the 
                                draft report that requires all such 
                                comments to be filed not later than 45 
                                days after issuance of the public 
                                notice; and
                                    (IV) during that 45-day public 
                                comment period, conduct at least one 
                                public hearing in Lead, South Dakota, to 
                                receive comments on the draft report.
                          (ii) Final report.--In the final report 
                      submitted to the Administrator under this 
                      paragraph, the independent entity shall respond 
                      to, and incorporate necessary changes suggested 
                      by, the comments received on the draft report.
            (4) Review and approval by administrator.--

[[Page 115 STAT. 2347]]

                    (A) <<NOTE: Deadline.>> In general.--Not later than 
                60 days after receiving the final report under paragraph 
                (3), the Administrator shall--
                          (i) review the report; and
                          (ii) <<NOTE: Notification.>> notify the State 
                      in writing of acceptance or rejection of the final 
                      report.
                    (B) Conditions for rejection.--The Administrator may 
                reject the final report if the report discloses one or 
                more conditions that--
                          (i) as determined by the Administrator, may 
                      present an imminent and substantial endangerment 
                      to the public health or the environment and 
                      require a response action; or
                          (ii) otherwise make the conveyance in section 
                      104, or the assumption of liability, the release 
                      of liability, or the indemnification in section 
                      106 contrary to the public interest.
                    (C) Response actions and certification.--
                          (i) Response actions.--
                                    (I) In general.--If the 
                                Administrator rejects the final report, 
                                Homestake may carry out or bear the cost 
                                of, or permit the State or another 
                                person to carry out or bear the cost of, 
                                such response actions as are necessary 
                                to correct any condition identified by 
                                the Administrator under subparagraph 
                                (B)(i) that may present an imminent and 
                                substantial endangerment to public 
                                health or the environment.
                                    (II) Long-term response actions.--
                                            (aa) In general.--In a case 
                                        in which the Administrator 
                                        determines that a condition 
                                        identified by the Administrator 
                                        under subparagraph (B)(i) 
                                        requires continuing response 
                                        action, or response action that 
                                        can be completed only as part of 
                                        the final closure of the 
                                        laboratory, it shall be a 
                                        condition of conveyance that 
                                        Homestake, the State, or another 
                                        person deposit into the Fund 
                                        such amount as is estimated by 
                                        the independent entity, on a net 
                                        present value basis and after 
                                        taking into account estimated 
                                        interest on that basis to be 
                                        sufficient to pay the costs of 
                                        the long-term response action or 
                                        the response action that will be 
                                        completed as part of the final 
                                        closure of the laboratory.
                                            (bb) Limitation on use of 
                                        funds.--None of the funds 
                                        deposited into the Fund under 
                                        item (aa) shall be expended for 
                                        any purpose other than to pay 
                                        the costs of the long-term 
                                        response action, or the response 
                                        action that will be completed as 
                                        part of the final closure of the 
                                        Mine, identified under that 
                                        item.
                          (ii) Contribution by homestake.--The total 
                      amount that Homestake may expend, pay, or deposit 
                      into the Fund under subclauses (I) and (II) of 
                      clause (i) shall not exceed--
                                    (I) $75,000,000; less

[[Page 115 STAT. 2348]]

                                    (II) the fair value of the Mine as 
                                determined under section 105(a).
                          (iii) Certification.--
                                    (I) In general.--After any response 
                                actions described in clause (i)(I) are 
                                carried out and any required funds are 
                                deposited under clause (i)(II), the 
                                independent entity may certify to the 
                                Administrator that the conditions for 
                                rejection identified by the 
                                Administrator under subparagraph (B) 
                                have been corrected.
                                    (II) Acceptance or rejection of 
                                certification.--
                                Not <<NOTE: Deadline.>> later than 60 
                                days after an independent entity makes a 
                                certification under subclause (I), the 
                                Administrator shall accept or reject the 
                                certification.

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

SEC. 105. ASSESSMENT OF PROPERTY.

    (a) Valuation of Property.--The independent entity shall assess the 
fair value of the Mine.
    (b) Fair Value.--For the purposes of this section, the fair value of 
the Mine shall be the fair market value as determined by an appraisal in 
conformance with the Uniform Appraisal Standards for Federal Land 
Acquisition. To the extent appraised items only have value to the 
Federal Government for the purpose of constructing the laboratory, the 
appraiser shall also add to the assessment of fair value the estimated 
cost of replacing the shafts, winzes, hoists, tunnels, ventilation 
system and other equipment and improvements at the Mine that are 
expected to be used at, or that will be useful to, the laboratory.
    (c) <<NOTE: Deadline.>> Report.--Not later than the date on which 
each report developed in accordance with section 104(b)(3) is submitted 
to the Administrator, the independent entity described in subsection (a) 
shall submit to the State a report that identifies the fair value 
assessed under subsection (a).

SEC. 106. LIABILITY.

    (a) Assumption of Liability.--
            (1) Assumption.--Subject to paragraph (2), notwithstanding 
        any other provision of law, on completion of the conveyance in 
        accordance with this title, the United States shall assume any 
        and all liability relating to the Mine and laboratory, including 
        liability for--
                    (A) damages;
                    (B) reclamation;
                    (C) the costs of response to any hazardous substance 
                (as defined in section 101 of the Comprehensive 
                Environmental Response, Compensation, and Liability Act 
                of 1980 (42 U.S.C. 9601)), contaminant, or other 
                material on, under, or relating to the Mine and 
                laboratory; and
                    (D) closure of the Mine and laboratory.
            (2) Claims against united states.--In the case of any claim 
        brought against the United States, the United States shall be 
        liable for--

[[Page 115 STAT. 2349]]

                    (A) damages under paragraph (1)(A), only to the 
                extent that an award of damages is made in a civil 
                action brought under chapter 171 of title 28, United 
                States Code, notwithstanding that the act or omission 
                giving rise to the claim was not committed by an 
                employee of the United States; and
                    (B) response costs under paragraph (1)(C), only to 
                the extent that an award of response costs is made in a 
                civil action brought under--
                          (i) the Federal Water Pollution Control Act 
                      (33 U.S.C. 1251 et seq.);
                          (ii) the Solid Waste Disposal Act (42 U.S.C. 
                      6901 et seq.);
                          (iii) the Comprehensive Environmental 
                      Response, Compensation, and Liability Act of 1980 
                      (42 U.S.C. 9601 et seq.); or
                          (iv) any other applicable Federal 
                      environmental law, as determined by the 
                      Administrator.

    (b) Liability Protection.--On completion of the conveyance, neither 
Homestake nor the State shall be liable to any person or the United 
States for injuries, costs, injunctive relief, reclamation, damages 
(including damages to natural resources or the environment), or 
expenses, or liable under any other claim (including claims for 
indemnification or contribution, claims by third parties for death, 
personal injury, illness, or loss of or damage to property, or claims 
for economic loss), under any law (including a regulation) for any claim 
arising out of or in connection with contamination, pollution, or other 
condition, use, or closure of the Mine and laboratory, regardless of 
when a condition giving rise to the liability originated or was 
discovered.
    (c) Indemnification.--Notwithstanding any other provision of law, on 
completion of the conveyance in accordance with this title, the United 
States shall indemnify, defend, and hold harmless Homestake and the 
State from and against--
            (1) any and all liabilities and claims described in 
        subsection (a), without regard to any limitation under 
        subsection (a)(2); and
            (2) any and all liabilities and claims described in 
        subsection (b).

    (d) Waiver of Sovereign Immunity.--For purposes of this title, the 
United States waives any claim to sovereign immunity with respect to any 
claim of Homestake or the State under this title.
    (e) Timing for Assumption of Liability.--If the conveyance is 
effectuated by more than one legal transaction, the assumption of 
liability, liability protection, indemnification, and waiver of 
sovereign immunity provided for under this section shall apply to each 
legal transaction, as of the date on which the transaction is completed 
and with respect to such portion of the Mine as is conveyed under that 
transaction.
    (f) Exceptions for Certain Claims.--Nothing in this section 
constitutes an assumption of liability by the United States, or relief 
of liability of Homestake, for--
            (1) any unemployment, worker's compensation, or other 
        employment-related claim or cause of action of an employee of 
        Homestake that arose before the date of conveyance;

[[Page 115 STAT. 2350]]

            (2) any claim or cause of action that arose before the date 
        of conveyance, other than claims relating to environmental 
        response costs or natural resource damages; or
            (3) any violation of any provision of criminal law.

    (g) Exception for Off-Site Environmental Claims.--Nothing in this 
title constitutes an assumption of liability by the United States, 
relief of liability for Homestake, or obligation to indemnify Homestake, 
for any claim, injury, damage, liability, or reclamation or cleanup 
obligation with respect to any property or asset that is not conveyed 
under this title, except to the extent that any such claim, injury, 
damage, liability, or reclamation or cleanup obligation is based on 
activities or events at the Mine subsequent to the date of conveyance.

SEC. 107. INSURANCE COVERAGE.

    (a) Property and Liability Insurance.--
            (1) In general.--To the extent property and liability 
        insurance is available and subject to the requirements described 
        in paragraph (2), the State shall purchase property and 
        liability insurance for the Mine and the operation of the 
        laboratory to provide coverage against the liability described 
        in subsections (a) and (b) of section 106.
            (2) Requirements.--The requirements referred to in paragraph 
        (1) are the following:
                    (A) Terms of insurance.--In determining the type, 
                extent of coverage, and policy limits of insurance 
                purchased under this subsection, the State shall--
                          (i) periodically consult with the 
                      Administrator and the Scientific Advisory Board; 
                      and
                          (ii) consider certain factors, including--
                                    (I) the nature of the projects and 
                                experiments being conducted in the 
                                laboratory;
                                    (II) the availability and cost of 
                                commercial insurance; and
                                    (III) the amount of funding 
                                available to purchase commercial 
                                insurance.
                    (B) Additional terms.--The insurance purchased by 
                the State under this subsection may provide coverage 
                that is--
                          (i) secondary to the insurance purchased by 
                      project sponsors; and
                          (ii) in excess of amounts available in the 
                      Fund to pay any claim.
            (3) Financing of insurance purchase.--
                    (A) In general.--Subject to section 108, the State 
                may finance the purchase of insurance required under 
                this subsection by using--
                          (i) funds made available from the Fund; and
                          (ii) such other funds as are received by the 
                      State for the purchase of insurance for the Mine 
                      and laboratory.
                    (B) No requirement to use state funds.--Nothing in 
                this title requires the State to use State funds to 
                purchase insurance required under this subsection.
            (4) Additional insured.--Any insurance purchased by the 
        State under this subsection shall--

[[Page 115 STAT. 2351]]

                    (A) name the United States as an additional insured; 
                or
                    (B) otherwise provide that the United States is a 
                beneficiary of the insurance policy having the primary 
                right to enforce all rights of the United States under 
                the policy.
            (5) Termination of obligation to purchase insurance.--The 
        obligation of the State to purchase insurance under this 
        subsection shall terminate on the date on which--
                    (A) the Mine ceases to be used as a laboratory; or
                    (B) sufficient funding ceases to be available for 
                the operation and maintenance of the Mine or laboratory.

    (b) Project Insurance.--
            (1) In general.--The State, in consultation with the 
        Administrator and the Scientific Advisory Board, may require, as 
        a condition of approval of a project for the laboratory, that a 
        project sponsor provide property and liability insurance or 
        other applicable coverage for potential liability associated 
        with the project described in subsections (a) and (b) of section 
        106.
            (2) Additional insured.--Any insurance obtained by the 
        project sponsor under this section shall--
                    (A) name the State and the United States as 
                additional insureds; or
                    (B) otherwise provide that the State and the United 
                States are beneficiaries of the insurance policy having 
                the primary right to enforce all rights under the 
                policy.

    (c) State Insurance.--
            (1) In general.--To the extent required by State law, the 
        State shall purchase, with respect to the operation of the Mine 
        and the laboratory--
                    (A) unemployment compensation insurance; and
                    (B) worker's compensation insurance.
            (2) Prohibition on use of funds from fund.--A State shall 
        not use funds from the Fund to carry out paragraph (1).

SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.

    (a) Establishment.--On completion of the conveyance, the State shall 
establish, in an interest-bearing account at an accredited financial 
institution located within the State, the Environment and Project Trust 
Fund.
    (b) Amounts.--The Fund shall consist of--
            (1) an annual deposit from the operation and maintenance 
        funding provided for the laboratory in an amount to be 
        determined--
                    (A) by the State, in consultation with the 
                Administrator and the Scientific Advisory Board; and
                    (B) after taking into consideration--
                          (i) the nature of the projects and experiments 
                      being conducted at the laboratory;
                          (ii) available amounts in the Fund;
                          (iii) any pending costs or claims that may be 
                      required to be paid out of the Fund; and
                          (iv) the amount of funding required for future 
                      actions associated with the closure of the 
                      facility;
            (2) an amount determined by the State, in consultation with 
        the Administrator and the Scientific Advisory Board, and

[[Page 115 STAT. 2352]]

        to be paid by the appropriate project sponsor, for each project 
        to be conducted, which amount--
                    (A) shall be used to pay--
                          (i) costs incurred in removing from the Mine 
                      or laboratory equipment or other materials related 
                      to the project;
                          (ii) claims arising out of or in connection 
                      with the project; and
                          (iii) if any portion of the amount remains 
                      after paying the expenses described in clauses (i) 
                      and (ii), other costs described in subsection (c); 
                      and
                    (B) may, at the discretion of the State, be 
                assessed--
                          (i) annually; or
                          (ii) in a lump sum as a prerequisite to the 
                      approval of the project;
            (3) interest earned on amounts in the Fund, which amount of 
        interest shall be used only for a purpose described in 
        subsection (c); and
            (4) all other funds received and designated by the State for 
        deposit in the Fund.

    (c) Expenditures From Fund.--Amounts in the Fund shall be used only 
for the purposes of funding--
            (1) waste and hazardous substance removal or remediation, or 
        other environmental cleanup at the Mine;
            (2) removal of equipment and material no longer used, or 
        necessary for use, in conjunction with a project conducted at 
        the laboratory;
            (3) a claim arising out of or in connection with the 
        conducting of such a project;
            (4) purchases of insurance by the State as required under 
        section 107;
            (5) payments for and other costs relating to liability 
        described in section 106; and
            (6) closure of the Mine and laboratory.

    (d) Federal Payments From Fund.--The United States--
            (1) to the extent the United States assumes liability under 
        section 106--
                    (A) shall be a beneficiary of the Fund; and
                    (B) may direct that amounts in the Fund be applied 
                to pay amounts and costs described in this section; and
            (2) may take action to enforce the right of the United 
        States to receive one or more payments from the Fund.

    (e) No Requirement of Deposit of Public Funds.--Nothing in this 
section requires the State to deposit State funds as a condition of the 
assumption by the United States of liability, or the relief of the State 
or Homestake from liability, under section 106.

SEC. 109. WASTE ROCK MIXING.

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

[[Page 115 STAT. 2353]]

SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.

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

SEC. 111. CONTINGENCY.

    This title shall be effective contingent on approval by the National 
Science Board and the making of an award by the National Science 
Foundation for the establishment of the laboratory at the Mine.

SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

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

SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.

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

SEC. 114. CONSENT DECREES.

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

SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 116. CONGRESSIONAL BUDGET ACT.

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

               TITLE II--GENERAL PROVISION, THIS DIVISION

    Sec. 201. Trustees of the John F. Kennedy Center for the Performing 
Arts. (a) Membership.--Section 2(a) of the John F. Kennedy Center Act 
(20 U.S.C. 76h(a)) is amended--
            (1) by striking ``There is hereby'' and inserting the 
        following:
            ``(1) In general.--There is''; and

[[Page 115 STAT. 2354]]

            (2) by striking the second sentence and inserting the 
        following:
            ``(2) Membership.--The Board shall be composed of--
                    ``(A) the Secretary of Health and Human Services;
                    ``(B) the Librarian of Congress;
                    ``(C) the Secretary of State;
                    ``(D) the Chairman of the Commission of Fine Arts;
                    ``(E) the Mayor of the District of Columbia;
                    ``(F) the Superintendent of Schools of the District 
                of Columbia;
                    ``(G) the Director of the National Park Service;
                    ``(H) the Secretary of Education;
                    ``(I) the Secretary of the Smithsonian Institution;
                    ``(J)(i) the Speaker and the Minority Leader of the 
                House of Representatives;
                    ``(ii) the chairman and ranking minority member of 
                the Committee on Public Works and Transportation of the 
                House of Representatives; and
                    ``(iii) three additional Members of the House of 
                Representatives appointed by the Speaker of the House of 
                Representatives;
                    ``(K)(i) the Majority Leader and the Minority Leader 
                of the Senate;
                    ``(ii) the chairman and ranking minority member of 
                the Committee on Environment and Public Works of the 
                Senate; and
                    ``(iii) three additional Members of the Senate 
                appointed by the President of the Senate; and
                    ``(L) thirty-six general trustees, who shall be 
                citizens of the United States, to be appointed in 
                accordance with subsection (b).''.

    (b) <<NOTE: Applicability. 20 USC 76h note.>> Terms of Office for 
New General Trustees.--Section 2(b) of the John F. Kennedy Center Act 
(20 U.S.C. 76h(b)) shall apply to each general trustee of the John F. 
Kennedy Center for the Performing Arts whose position is established by 
the amendment made by subsection (a)(2) (referred to in this subsection 
as a ``new general trustee''), except that the initial term of office of 
each new general trustee shall--
            (1) <<NOTE: Effective date. President.>> commence on the 
        date on which the new general trustee is appointed by the 
        President; and
            (2) <<NOTE: Termination date.>> terminate on September 1, 
        2007.

[[Page 115 STAT. 2355]]

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

    Approved January 10, 2002.

LEGISLATIVE HISTORY--H.R. 3338:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 107-298 (Comm. on Appropriations) and 107-350 
(Comm. of Conference).
SENATE REPORTS: No. 107-109 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
            Nov. 28, considered and passed House.
            Dec. 6, 7, considered and passed Senate, amended.
            Dec. 20, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Jan. 10, Presidential remarks and statement.

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