Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?

107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-350

======================================================================



 
MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR 
           ENDING SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES

                                _______
                                

               December 19, 2001.--Ordered to be printed

                                _______
                                

 Mr. Lewis of California, from the committee of conference, submitted 
                             the following

                           CONFERENCE REPORT

                        [To accompany H.R. 3338]

      The committee of conference on the disagreeing votes of 
the two Houses on the amendment of the Senate to the bill (H.R. 
3338) ``making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2002, and for other 
purposes'', having met, after full and free conference, have 
agreed to recommend and do recommend to their respective Houses 
as follows:
      That the House recede from its disagreement to the 
amendment of the Senate, and agree to the same with an 
amendment, as follows:
      In lieu of the matter stricken and inserted by said 
amendment, insert:
    That the following sums are appropriated, out of any money 
in the Treasury not otherwise appropriated, for the fiscal year 
ending September 30, 2002, for military functions administered 
by the Department of Defense, and for other purposes, namely:

         DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Army on active duty 
(except members of reserve components provided for elsewhere), 
cadets, and aviation cadets; and for payments pursuant to 
section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement 
Fund, $23,752,384,000.

                        Military Personnel, Navy

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

                    Military Personnel, Marine Corps

    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Marine Corps on 
active duty (except members of the Reserve provided for 
elsewhere); and for payments pursuant to section 156 of Public 
Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $7,345,340,000.

                     Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, 
interest on deposits, gratuities, permanent change of station 
travel (including all expenses thereof for organizational 
movements), and expenses of temporary duty travel between 
permanent duty stations, for members of the Air Force on active 
duty (except members of reserve components provided for 
elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Military 
Retirement Fund, $19,724,014,000.

                        Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army Reserve 
on active duty under sections 10211, 10302, and 3038 of title 
10, United States Code, or while serving on active duty under 
section 12301(d) of title 10, United States Code, in connection 
with performing duty specified in section 12310(a) of title 10, 
United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty or other duty, and 
for members of the Reserve Officers' Training Corps, and 
expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund, $2,670,197,000.

                        Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Navy Reserve 
on active duty under section 10211 of title 10, United States 
Code, or while serving on active duty under section 12301(d) of 
title 10, United States Code, in connection with performing 
duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 
16131 of title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,654,523,000.

                    Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Marine Corps 
Reserve on active duty under section 10211 of title 10, United 
States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with 
performing duty specified in section 12310(a) of title 10, 
United States Code, or while undergoing reserve training, or 
while performing drills or equivalent duty, and for members of 
the Marine Corps platoon leaders class, and expenses authorized 
by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$471,200,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air Force 
Reserve on active duty under sections 10211, 10305, and 8038 of 
title 10, United States Code, or while serving on active duty 
under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or 
other duty, and for members of the Air Reserve Officers' 
Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the 
Department of Defense Military Retirement Fund, $1,061,160,000.

                     National Guard Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Army National 
Guard while on duty under section 10211, 10302, or 12402 of 
title 10 or section 708 of title 32, United States Code, or 
while serving on duty under section 12301(d) of title 10 or 
section 502(f ) of title 32, United States Code, in connection 
with performing duty specified in section 12310(a) of title 10, 
United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and 
expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund, $4,041,695,000.

                  National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, 
travel, and related expenses for personnel of the Air National 
Guard on duty under section 10211, 10305, or 12402 of title 10 
or section 708 of title 32, United States Code, or while 
serving on duty under section 12301(d) of title 10 or section 
502(f ) of title 32, United States Code, in connection with 
performing duty specified in section 12310(a) of title 10, 
United States Code, or while undergoing training, or while 
performing drills or equivalent duty or other duty, and 
expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military 
Retirement Fund, $1,784,654,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

                     (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
and not to exceed $10,794,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or 
authority of the Secretary of the Army, and payments may be 
made on his certificate of necessity for confidential military 
purposes, $22,335,074,000: Provided, That of the funds made 
available under this heading, $1,000,000, to remain available 
until expended, shall be transferred to ``National Park 
Service--Construction'' within 30 days of the enactment of this 
Act, only for necessary infrastructure repair improvements at 
Fort Baker, under the management of the Golden Gate Recreation 
Area: Provided further, That of the funds appropriated in this 
paragraph, not less than $355,000,000 shall be made available 
only for conventional ammunition care and maintenance.

                    Operation and Maintenance, Navy

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

                Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                Operation and Maintenance, Defense-Wide

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

                Operation and Maintenance, Army Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, 
and administration, of the Army Reserve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of 
services, supplies, and equipment; and communications, 
$1,771,246,000.

                Operation and Maintenance, Navy Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, 
and administration, of the Navy Reserve; repair of facilities 
and equipment; hire of passenger motor vehicles; travel and 
transportation; care of the dead; recruiting; procurement of 
services, supplies, and equipment; and communications, 
$1,003,690,000.

            Operation and Maintenance, Marine Corps Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, 
and administration, of the Marine Corps Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; 
procurement of services, supplies, and equipment; and 
communications, $144,023,000.

              Operation and Maintenance, Air Force Reserve

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance, including training, organization, 
and administration, of the Air Force Reserve; repair of 
facilities and equipment; hire of passenger motor vehicles; 
travel and transportation; care of the dead; recruiting; 
procurement of services, supplies, and equipment; and 
communications, $2,024,866,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the 
Army National Guard, including medical and hospital treatment 
and related expenses in non-Federal hospitals; maintenance, 
operation, and repairs to structures and facilities; hire of 
passenger motor vehicles; personnel services in the National 
Guard Bureau; travel expenses (other than mileage), as 
authorized by law for Army personnel on active duty, for Army 
National Guard division, regimental, and battalion commanders 
while inspecting units in compliance with National Guard Bureau 
regulations when specifically authorized by the Chief, National 
Guard Bureau; supplying and equipping the Army National Guard 
as authorized by law; and expenses of repair, modification, 
maintenance, and issue of supplies and equipment (including 
aircraft), $3,768,058,000.

             Operation and Maintenance, Air National Guard

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

             Overseas Contingency Operations Transfer Fund

                     (including transfer of funds)

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

          United States Court of Appeals for the Armed Forces

    For salaries and expenses necessary for the United States 
Court of Appeals for the Armed Forces, $9,096,000, of which not 
to exceed $2,500 can be used for official representation 
purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $389,800,000, to remain 
available until transferred: Provided, That the Secretary of 
the Army shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Army, or for similar purposes, transfer the 
funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to 
be merged with and to be available for the same purposes and 
for the same time period as the appropriations to which 
transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $257,517,000, to remain 
available until transferred: Provided, That the Secretary of 
the Navy shall, upon determining that such funds are required 
for environmental restoration, reduction and recycling of 
hazardous waste, removal of unsafe buildings and debris of the 
Department of the Navy, or for similar purposes, transfer the 
funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to 
be merged with and to be available for the same purposes and 
for the same time period as the appropriations to which 
transferred: Provided further, That upon a determination that 
all or part of the funds transferred from this appropriation 
are not necessary for the purposes provided herein, such 
amounts may be transferred back to this appropriation.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $385,437,000, to 
remain available until transferred: Provided, That the 
Secretary of the Air Force shall, upon determining that such 
funds are required for environmental restoration, reduction and 
recycling of hazardous waste, removal of unsafe buildings and 
debris of the Department of the Air Force, or for similar 
purposes, transfer the funds made available by this 
appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be 
available for the same purposes and for the same time period as 
the appropriations to which transferred: Provided further, That 
upon a determination that all or part of the funds transferred 
from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

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

         Environmental Restoration, Formerly Used Defense Sites


                     (including transfer of funds)


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

             Overseas Humanitarian, Disaster, and Civic Aid

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

        Support for International Sporting Competitions, Defense

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

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

    For construction, procurement, production, modification, 
and modernization of aircraft, equipment, including ordnance, 
ground handling equipment, spare parts, and accessories 
therefor; specialized equipment and training devices; expansion 
of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $1,984,391,000, to remain 
available for obligation until September 30, 2004.

                       Missile Procurement, Army

    For construction, procurement, production, modification, 
and modernization of missiles, equipment, including ordnance, 
ground handling equipment, spare parts, and accessories 
therefor; specialized equipment and training devices; expansion 
of public and private plants, including the land necessary 
therefor, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; and other expenses 
necessary for the foregoing purposes, $1,079,330,000, to remain 
available for obligation until September 30, 2004.

        Procurement of Weapons and Tracked Combat Vehicles, Army

    For construction, procurement, production, and modification 
of weapons and tracked combat vehicles, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment and training devices; expansion of public and private 
plants, including the land necessary therefor, for the 
foregoing purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $2,193,746,000, to remain available for 
obligation until September 30, 2004.

                    Procurement of Ammunition, Army

    For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including ammunition facilities authorized by section 2854 of 
title 10, United States Code, and the land necessary therefor, 
for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $1,200,465,000, to remain available for 
obligation until September 30, 2004.

                        Other Procurement, Army

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

                       Aircraft Procurement, Navy

    For construction, procurement, production, modification, 
and modernization of aircraft, equipment, including ordnance, 
spare parts, and accessories therefor; specialized equipment; 
expansion of public and private plants, including the land 
necessary therefor, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to 
approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway, $7,938,143,000, to remain available for 
obligation until September 30, 2004.

                       Weapons Procurement, Navy

    For construction, procurement, production, modification, 
and modernization of missiles, torpedoes, other weapons, and 
related support equipment including spare parts, and 
accessories therefor; expansion of public and private plants, 
including the land necessary therefor, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools in 
public and private plants; reserve plant and Government and 
contractor-owned equipment layaway, $1,429,592,000, to remain 
available for obligation until September 30, 2004.

            Procurement of Ammunition, Navy and Marine Corps

    For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including ammunition facilities authorized by section 2854 of 
title 10, United States Code, and the land necessary therefor, 
for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $461,399,000, to remain available for 
obligation until September 30, 2004.

                   Shipbuilding and Conversion, Navy

    For expenses necessary for the construction, acquisition, 
or conversion of vessels as authorized by law, including armor 
and armament thereof, plant equipment, appliances, and machine 
tools and installation thereof in public and private plants; 
reserve plant and Government and contractor-owned equipment 
layaway; procurement of critical, long leadtime components and 
designs for vessels to be constructed or converted in the 
future; and expansion of public and private plants, including 
land necessary therefor, and such lands and interests therein, 
may be acquired, and construction prosecuted thereon prior to 
approval of title, as follows:
            Carrier Replacement Program (AP), $138,890,000;
            SSGN (AP), $365,440,000;
            NSSN, $1,578,914,000;
            NSSN (AP), $684,288,000;
            CVN Refuelings, $1,148,124,000;
            CVN Refuelings (AP), $73,707,000;
            Submarine Refuelings, $382,265,000;
            Submarine Refuelings (AP), $77,750,000;
            DDG-51 destroyer program, $2,966,036,000;
            DDG-51 (AP), $125,000,000;
            Cruiser conversion (AP), $75,000,000;
            LPD-17 (AP), $155,000,000;
            T-AKE, $370,818,000;
            LHD-8, $267,238,000;
            LCAC landing craft air cushion program, 
        $46,091,000;
            Prior year shipbuilding costs, $729,248,000;
            Mine Hunter SWATH, $1,000,000;
            Yard Oilers, $3,000,000; and
            For craft, outfitting, post delivery, conversions, 
        and first destination transformation transportation, 
        $302,230,000;
In all: $9,490,039,000, to remain available for obligation 
until September 30, 2006: Provided, That additional obligations 
may be incurred after September 30, 2006, for engineering 
services, tests, evaluations, and other such budgeted work that 
must be performed in the final stage of ship construction: 
Provided further, That none of the funds provided under this 
heading for the construction or conversion of any naval vessel 
to be constructed in shipyards in the United States shall be 
expended in foreign facilities for the construction of major 
components of such vessel: Provided further, That none of the 
funds provided under this heading shall be used for the 
construction of any naval vessel in foreign shipyards.

                        Other Procurement, Navy

    For procurement, production, and modernization of support 
equipment and materials not otherwise provided for, Navy 
ordnance (except ordnance for new aircraft, new ships, and 
ships authorized for conversion); the purchase of not to exceed 
152 passenger motor vehicles for replacement only, and the 
purchase of five vehicles required for physical security of 
personnel, notwithstanding price limitations applicable to 
passenger vehicles but not to exceed $200,000 per unit for two 
units and not to exceed $115,000 per unit for the remaining 
three units; expansion of public and private plants, including 
the land necessary therefor, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway, $4,270,976,000, to remain available for 
obligation until September 30, 2004.

                       Procurement, Marine Corps

    For expenses necessary for the procurement, manufacture, 
and modification of missiles, armament, military equipment, 
spare parts, and accessories therefor; plant equipment, 
appliances, and machine tools, and installation thereof in 
public and private plants; reserve plant and Government and 
contractor-owned equipment layaway; vehicles for the Marine 
Corps, including the purchase of not to exceed 25 passenger 
motor vehicles for replacement only; and expansion of public 
and private plants, including land necessary therefor, and such 
lands and interests therein, may be acquired, and construction 
prosecuted thereon prior to approval of title, $995,442,000, to 
remain available for obligation until September 30, 2004.

                    Aircraft Procurement, Air Force

    For construction, procurement, lease, and modification of 
aircraft and equipment, including armor and armament, 
specialized ground handling equipment, and training devices, 
spare parts, and accessories therefor; specialized equipment; 
expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of 
structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon prior to approval 
of title; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes including rents and transportation of 
things, $10,567,038,000, to remain available for obligation 
until September 30, 2004.

                     Missile Procurement, Air Force

    For construction, procurement, and modification of 
missiles, spacecraft, rockets, and related equipment, including 
spare parts and accessories therefor, ground handling 
equipment, and training devices; expansion of public and 
private plants, Government-owned equipment and installation 
thereof in such plants, erection of structures, and acquisition 
of land, for the foregoing purposes, and such lands and 
interests therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; reserve plant and 
Government and contractor-owned equipment layaway; and other 
expenses necessary for the foregoing purposes including rents 
and transportation of things, $2,989,524,000, to remain 
available for obligation until September 30, 2004.

                  Procurement of Ammunition, Air Force

    For construction, procurement, production, and modification 
of ammunition, and accessories therefor; specialized equipment 
and training devices; expansion of public and private plants, 
including ammunition facilities authorized by section 2854 of 
title 10, United States Code, and the land necessary therefor, 
for the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted thereon 
prior to approval of title; and procurement and installation of 
equipment, appliances, and machine tools in public and private 
plants; reserve plant and Government and contractor-owned 
equipment layaway; and other expenses necessary for the 
foregoing purposes, $866,644,000, to remain available for 
obligation until September 30, 2004.

                      Other Procurement, Air Force

    For procurement and modification of equipment (including 
ground guidance and electronic control equipment, and ground 
electronic and communication equipment), and supplies, 
materials, and spare parts therefor, not otherwise provided 
for; the purchase of not to exceed 216 passenger motor vehicles 
for replacement only, and the purchase of three vehicles 
required for physical security of personnel, notwithstanding 
price limitations applicable to passenger vehicles but not to 
exceed $200,000 per vehicle; lease of passenger motor vehicles; 
and expansion of public and private plants, Government-owned 
equipment and installation thereof in such plants, erection of 
structures, and acquisition of land, for the foregoing 
purposes, and such lands and interests therein, may be 
acquired, and construction prosecuted thereon, prior to 
approval of title; reserve plant and Government and contractor-
owned equipment layaway, $8,085,863,000, to remain available 
for obligation until September 30, 2004.

                       Procurement, Defense-Wide

    For expenses of activities and agencies of the Department 
of Defense (other than the military departments) necessary for 
procurement, production, and modification of equipment, 
supplies, materials, and spare parts therefor, not otherwise 
provided for; the purchase of not to exceed 65 passenger motor 
vehicles for replacement only; the purchase of 4 vehicles 
required for physical security of personnel, notwithstanding 
price limitations applicable to passenger vehicles but not to 
exceed $250,000 per vehicle; expansion of public and private 
plants, equipment, and installation thereof in such plants, 
erection of structures, and acquisition of land for the 
foregoing purposes, and such lands and interests therein, may 
be acquired, and construction prosecuted thereon prior to 
approval of title; reserve plant and Government and contractor-
owned equipment layaway, $2,389,490,000, to remain available 
for obligation until September 30, 2004: Provided, That funds 
provided under this heading for Patriot Advanced Capability 3 
(PAC-3) missiles may be used for procurement of critical parts 
for PAC-3 missiles to support production of such missiles in 
future fiscal years.

                    Defense Production Act Purchases

    For activities by the Department of Defense pursuant to 
sections 108, 301, 302, and 303 of the Defense Production Act 
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), 
$40,000,000 to remain available until expended, of which, 
$2,000,000 may be used for a Processible Rigid-Rod Polymeric 
Material Supplier Initiative under title III of the Defense 
Production Act of 1950 (50 U.S.C. App. 2091 et seq.) to develop 
affordable production methods and a domestic supplier for 
military and commercial processible rigid-rod materials.

                  National Guard and Reserve Equipment

    For procurement of aircraft, missiles, tracked combat 
vehicles, ammunition, other weapons, and other procurement for 
the reserve components of the Armed Forces, $699,130,000, to 
remain available for obligation until September 30, 2004: 
Provided, That the Chiefs of the Reserve and National Guard 
components shall, not later than 30 days after the enactment of 
this Act, individually submit to the congressional defense 
committees the modernization priority assessment for their 
respective Reserve or National Guard component: Provided 
further, That of the funds appropriated under this heading, 
$148,430,000 shall be available only for the procurement of C-
130J aircraft to be used solely for western states 
firefighting.

                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

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

            Research, Development, Test and Evaluation, Navy

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

         Research, Development, Test and Evaluation, Air Force

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

        Research, Development, Test and Evaluation, Defense-Wide

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

                Operational Test and Evaluation, Defense

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

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

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

                     National Defense Sealift Fund

    For National Defense Sealift Fund programs, projects, and 
activities, and for expenses of the National Defense Reserve 
Fleet, as established by section 11 of the Merchant Ship Sales 
Act of 1946 (50 U.S.C. App. 1744), and for the necessary 
expenses to maintain and preserve a U.S.-flag merchant fleet to 
serve the national security needs of the United States, 
$432,408,000, to remain available until expended: Provided, 
That none of the funds provided in this paragraph shall be used 
to award a new contract that provides for the acquisition of 
any of the following major components unless such components 
are manufactured in the United States: auxiliary equipment, 
including pumps, for all shipboard services; propulsion system 
components (that is; engines, reduction gears, and propellers); 
shipboard cranes; and spreaders for shipboard cranes: Provided 
further, That the exercise of an option in a contract awarded 
through the obligation of previously appropriated funds shall 
not be considered to be the award of a new contract: Provided 
further, That the Secretary of the military department 
responsible for such procurement may waive the restrictions in 
the first proviso on a case-by-case basis by certifying in 
writing to the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes: 
Provided further, That, notwithstanding any other provision of 
law, $25,000,000 of the funds available under this heading 
shall be available only to finance the cost of constructing 
additional sealift capacity.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and 
health care programs of the Department of Defense, as 
authorized by law, $18,391,194,000, of which $17,659,475,000 
shall be for Operation and maintenance, of which not to exceed 
2 percent shall remain available until September 30, 2003; of 
which $267,915,000, to remain available for obligation until 
September 30, 2004, shall be for Procurement; of which 
$463,804,000, to remain available for obligation until 
September 30, 2003, shall be for Research, development, test 
and evaluation, and of which $14,000,000 shall be available for 
HIV prevention educational activities undertaken in connection 
with U.S. military training, exercises, and humanitarian 
assistance activities conducted in African nations.

            Chemical Agents and Munitions Destruction, Army

    For expenses, not otherwise provided for, necessary for the 
destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with the provisions of 
section 1412 of the Department of Defense Authorization Act, 
1986 (50 U.S.C. 1521), and for the destruction of other 
chemical warfare materials that are not in the chemical weapon 
stockpile, $1,105,557,000, of which $739,020,000 shall be for 
Operation and maintenance to remain available until September 
30, 2003, $164,158,000 shall be for Procurement to remain 
available until September 30, 2004, and $202,379,000 shall be 
for Research, development, test and evaluation to remain 
available until September 30, 2003.

         Drug Interdiction and Counter-Drug Activities, Defense

                     (including transfer of funds)

    For drug interdiction and counter-drug activities of the 
Department of Defense, for transfer to appropriations available 
to the Department of Defense for military personnel of the 
reserve components serving under the provisions of title 10 and 
title 32, United States Code; for Operation and maintenance; 
for Procurement; and for Research, development, test and 
evaluation, $842,581,000: Provided, That the funds appropriated 
under this heading shall be available for obligation for the 
same time period and for the same purpose as the appropriation 
to which transferred: Provided further, That the transfer 
authority provided under this heading is in addition to any 
other transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

    For expenses and activities of the Office of the Inspector 
General in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $152,021,000, of which $150,221,000 
shall be for Operation and maintenance, of which not to exceed 
$700,000 is available for emergencies and extraordinary 
expenses to be expended on the approval or authority of the 
Inspector General, and payments may be made on the Inspector 
General's certificate of necessity for confidential military 
purposes; and of which $1,800,000 to remain available until 
September 30, 2004, shall be for Procurement.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

    For payment to the Central Intelligence Agency Retirement 
and Disability System Fund, to maintain the proper funding 
level for continuing the operation of the Central Intelligence 
Agency Retirement and Disability System, $212,000,000.

               Intelligence Community Management Account


                     (including transfer of funds)


    For necessary expenses of the Intelligence Community 
Management Account, $160,429,000, of which $28,003,000 for the 
Advanced Research and Development Committee shall remain 
available until September 30, 2003: Provided, That of the funds 
appropriated under this heading, $42,752,000 shall be 
transferred to the Department of Justice for the National Drug 
Intelligence Center to support the Department of Defense's 
counter-drug intelligence responsibilities, and of the said 
amount, $1,500,000 for Procurement shall remain available until 
September 30, 2004, and $1,000,000 for Research, development, 
test and evaluation shall remain available until September 30, 
2003: Provided further, That the National Drug Intelligence 
Center shall maintain the personnel and technical resources to 
provide timely support to law enforcement authorities to 
conduct document exploitation of materials collected in 
Federal, State, and local law enforcement activity.

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

    For payment to Kaho'olawe Island Conveyance, Remediation, 
and Environmental Restoration Fund, as authorized by law, 
$67,500,000, to remain available until expended.

                 National Security Education Trust Fund

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

                               TITLE VIII

               GENERAL PROVISIONS--DEPARTMENT OF DEFENSE

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


                          (transfer of funds)


    Sec. 8005. Upon determination by the Secretary of Defense 
that such action is necessary in the national interest, he may, 
with the approval of the Office of Management and Budget, 
transfer not to exceed $2,000,000,000 of working capital funds 
of the Department of Defense or funds made available in this 
Act to the Department of Defense for military functions (except 
military construction) between such appropriations or funds or 
any subdivision thereof, to be merged with and to be available 
for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided, That such 
authority to transfer may not be used unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which funds are requested has been denied by the 
Congress: Provided further, That the Secretary of Defense shall 
notify the Congress promptly of all transfers made pursuant to 
this authority or any other authority in this Act: Provided 
further, That no part of the funds in this Act shall be 
available to prepare or present a request to the Committees on 
Appropriations for reprogramming of funds, unless for higher 
priority items, based on unforeseen military requirements, than 
those for which originally appropriated and in no case where 
the item for which reprogramming is requested has been denied 
by the Congress: Provided further, That a request for multiple 
reprogrammings of funds using authority provided in this 
section must be made prior to May 1, 2002.

                          (transfer of funds)

    Sec. 8006. During the current fiscal year, cash balances in 
working capital funds of the Department of Defense established 
pursuant to section 2208 of title 10, United States Code, may 
be maintained in only such amounts as are necessary at any time 
for cash disbursements to be made from such funds: Provided, 
That transfers may be made between such funds: Provided 
further, That transfers may be made between working capital 
funds and the ``Foreign Currency Fluctuations, Defense'' 
appropriation and the ``Operation and Maintenance'' 
appropriation accounts in such amounts as may be determined by 
the Secretary of Defense, with the approval of the Office of 
Management and Budget, except that such transfers may not be 
made unless the Secretary of Defense has notified the Congress 
of the proposed transfer. Except in amounts equal to the 
amounts appropriated to working capital funds in this Act, no 
obligations may be made against a working capital fund to 
procure or increase the value of war reserve material 
inventory, unless the Secretary of Defense has notified the 
Congress prior to any such obligation.
    Sec. 8007. Funds appropriated by this Act may not be used 
to initiate a special access program without prior notification 
30 calendar days in session in advance to the congressional 
defense committees.
    Sec. 8008. None of the funds provided in this Act shall be 
available to initiate: (1) a multiyear contract that employs 
economic order quantity procurement in excess of $20,000,000 in 
any 1 year of the contract or that includes an unfunded 
contingent liability in excess of $20,000,000; or (2) a 
contract for advance procurement leading to a multiyear 
contract that employs economic order quantity procurement in 
excess of $20,000,000 in any 1 year, unless the congressional 
defense committees have been notified at least 30 days in 
advance of the proposed contract award: Provided, That no part 
of any appropriation contained in this Act shall be available 
to initiate a multiyear contract for which the economic order 
quantity advance procurement is not funded at least to the 
limits of the Government's liability: Provided further, That no 
part of any appropriation contained in this Act shall be 
available to initiate multiyear procurement contracts for any 
systems or component thereof if the value of the multiyear 
contract would exceed $500,000,000 unless specifically provided 
in this Act: Provided further, That no multiyear procurement 
contract can be terminated without 10-day prior notification to 
the congressional defense committees: Provided further, That 
the execution of multiyear authority shall require the use of a 
present value analysis to determine lowest cost compared to an 
annual procurement.
    Funds appropriated in title III of this Act may be used for 
multiyear procurement contracts as follows:
            UH-60/CH-60 aircraft;
            C-17; and
            F/A-18E and F engine.
    Sec. 8009. Within the funds appropriated for the operation 
and maintenance of the Armed Forces, funds are hereby 
appropriated pursuant to section 401 of title 10, United States 
Code, for humanitarian and civic assistance costs under chapter 
20 of title 10, United States Code. Such funds may also be 
obligated for humanitarian and civic assistance costs 
incidental to authorized operations and pursuant to authority 
granted in section 401 of chapter 20 of title 10, United States 
Code, and these obligations shall be reported to the Congress 
as of September 30 of each year: Provided, That funds available 
for operation and maintenance shall be available for providing 
humanitarian and similar assistance by using Civic Action Teams 
in the Trust Territories of the Pacific Islands and freely 
associated states of Micronesia, pursuant to the Compact of 
Free Association as authorized by Public Law 99-239: Provided 
further, That upon a determination by the Secretary of the Army 
that such action is beneficial for graduate medical education 
programs conducted at Army medical facilities located in 
Hawaii, the Secretary of the Army may authorize the provision 
of medical services at such facilities and transportation to 
such facilities, on a nonreimbursable basis, for civilian 
patients from American Samoa, the Commonwealth of the Northern 
Mariana Islands, the Marshall Islands, the Federated States of 
Micronesia, Palau, and Guam.
    Sec. 8010. (a) During fiscal year 2002, the civilian 
personnel of the Department of Defense may not be managed on 
the basis of any end-strength, and the management of such 
personnel during that fiscal year shall not be subject to any 
constraint or limitation (known as an end-strength) on the 
number of such personnel who may be employed on the last day of 
such fiscal year.
    (b) The fiscal year 2003 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2003 Department of 
Defense budget request shall be prepared and submitted to the 
Congress as if subsections (a) and (b) of this provision were 
effective with regard to fiscal year 2003.
    (c) Nothing in this section shall be construed to apply to 
military (civilian) technicians.
    Sec. 8011. Notwithstanding any other provision of law, none 
of the funds made available by this Act shall be used by the 
Department of Defense to exceed, outside the 50 United States, 
its territories, and the District of Columbia, 125,000 civilian 
workyears: Provided, That workyears shall be applied as defined 
in the Federal Personnel Manual: Provided further, That 
workyears expended in dependent student hiring programs for 
disadvantaged youths shall not be included in this workyear 
limitation.
    Sec. 8012. None of the funds made available by this Act 
shall be used in any way, directly or indirectly, to influence 
congressional action on any legislation or appropriation 
matters pending before the Congress.
    Sec. 8013. None of the funds appropriated by this Act shall 
be available for the basic pay and allowances of any member of 
the Army participating as a full-time student and receiving 
benefits paid by the Secretary of Veterans Affairs from the 
Department of Defense Education Benefits Fund when time spent 
as a full-time student is credited toward completion of a 
service commitment: Provided, That this subsection shall not 
apply to those members who have reenlisted with this option 
prior to October 1, 1987: Provided further, That this 
subsection applies only to active components of the Army.
    Sec. 8014. None of the funds appropriated by this Act shall 
be available to convert to contractor performance an activity 
or function of the Department of Defense that, on or after the 
date of the enactment of this Act, is performed by more than 10 
Department of Defense civilian employees until a most efficient 
and cost-effective organization analysis is completed on such 
activity or function and certification of the analysis is made 
to the Committees on Appropriations of the House of 
Representatives and the Senate: Provided, That this section and 
subsections (a), (b), and (c) of 10 U.S.C. 2461 shall not apply 
to a commercial or industrial type function of the Department 
of Defense that: (1) is included on the procurement list 
established pursuant to section 2 of the Act of June 25, 1938 
(41 U.S.C. 47), popularly referred to as the Javits-Wagner-
O'Day Act; (2) is planned to be converted to performance by a 
qualified nonprofit agency for the blind or by a qualified 
nonprofit agency for other severely handicapped individuals in 
accordance with that Act; or (3) is planned to be converted to 
performance by a qualified firm under 51 percent ownership by 
an Indian tribe, as defined in section 450b(e) of title 25, 
United States Code, or a Native Hawaiian organization, as 
defined in section 637(a)(15) of title 15, United States Code.

                          (transfer of funds)

    Sec. 8015. Funds appropriated in title III of this Act for 
the Department of Defense Pilot Mentor-Protege Program may be 
transferred to any other appropriation contained in this Act 
solely for the purpose of implementing a Mentor-Protege Program 
developmental assistance agreement pursuant to section 831 of 
the National Defense Authorization Act for Fiscal Year 1991 
(Public Law 101-510; 10 U.S.C. 2301 note), as amended, under 
the authority of this provision or any other transfer authority 
contained in this Act.
    Sec. 8016. None of the funds in this Act may be available 
for the purchase by the Department of Defense (and its 
departments and agencies) of welded shipboard anchor and 
mooring chain 4 inches in diameter and under unless the anchor 
and mooring chain are manufactured in the United States from 
components which are substantially manufactured in the United 
States: Provided, That for the purpose of this section 
manufactured will include cutting, heat treating, quality 
control, testing of chain and welding (including the forging 
and shot blasting process): Provided further, That for the 
purpose of this section substantially all of the components of 
anchor and mooring chain shall be considered to be produced or 
manufactured in the United States if the aggregate cost of the 
components produced or manufactured in the United States 
exceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, That 
when adequate domestic supplies are not available to meet 
Department of Defense requirements on a timely basis, the 
Secretary of the service responsible for the procurement may 
waive this restriction on a case-by-case basis by certifying in 
writing to the Committees on Appropriations that such an 
acquisition must be made in order to acquire capability for 
national security purposes.
    Sec. 8017. None of the funds appropriated by this Act 
available for the Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS) or TRICARE shall be available for 
the reimbursement of any health care provider for inpatient 
mental health service for care received when a patient is 
referred to a provider of inpatient mental health care or 
residential treatment care by a medical or health care 
professional having an economic interest in the facility to 
which the patient is referred: Provided, That this limitation 
does not apply in the case of inpatient mental health services 
provided under the program for persons with disabilities under 
subsection (d) of section 1079 of title 10, United States Code, 
provided as partial hospital care, or provided pursuant to a 
waiver authorized by the Secretary of Defense because of 
medical or psychological circumstances of the patient that are 
confirmed by a health professional who is not a Federal 
employee after a review, pursuant to rules prescribed by the 
Secretary, which takes into account the appropriate level of 
care for the patient, the intensity of services required by the 
patient, and the availability of that care.
    Sec. 8018. Funds available in this Act and hereafter may be 
used to provide transportation for the next-of-kin of 
individuals who have been prisoners of war or missing in action 
from the Vietnam era to an annual meeting in the United States, 
under such regulations as the Secretary of Defense may 
prescribe.
    Sec. 8019. Notwithstanding any other provision of law, 
during the current fiscal year, the Secretary of Defense may, 
by executive agreement, establish with host nation governments 
in NATO member states a separate account into which such 
residual value amounts negotiated in the return of United 
States military installations in NATO member states may be 
deposited, in the currency of the host nation, in lieu of 
direct monetary transfers to the United States Treasury: 
Provided, That such credits may be utilized only for the 
construction of facilities to support United States military 
forces in that host nation, or such real property maintenance 
and base operating costs that are currently executed through 
monetary transfers to such host nations: Provided further, That 
the Department of Defense's budget submission for fiscal year 
2003 shall identify such sums anticipated in residual value 
settlements, and identify such construction, real property 
maintenance or base operating costs that shall be funded by the 
host nation through such credits: Provided further, That all 
military construction projects to be executed from such 
accounts must be previously approved in a prior Act of 
Congress: Provided further, That each such executive agreement 
with a NATO member host nation shall be reported to the 
congressional defense committees, the Committee on 
International Relations of the House of Representatives and the 
Committee on Foreign Relations of the Senate 30 days prior to 
the conclusion and endorsement of any such agreement 
established under this provision.
    Sec. 8020. None of the funds available to the Department of 
Defense may be used to demilitarize or dispose of M-1 Carbines, 
M-1 Garand rifles, M-14 rifles, .22 caliber rifles, .30 caliber 
rifles, or M-1911 pistols.
    Sec. 8021. No more than $500,000 of the funds appropriated 
or made available in this Act shall be used during a single 
fiscal year for any single relocation of an organization, unit, 
activity or function of the Department of Defense into or 
within the National Capital Region: Provided, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional 
defense committees that such a relocation is required in the 
best interest of the Government.
    Sec. 8022. In addition to the funds provided elsewhere in 
this Act, $8,000,000 is appropriated only for incentive 
payments authorized by section 504 of the Indian Financing Act 
of 1974 (25 U.S.C. 1544): Provided, That a subcontractor at any 
tier shall be considered a contractor for the purposes of being 
allowed additional compensation under section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544).
    Sec. 8023. During the current fiscal year and hereafter, 
funds appropriated or otherwise available for any Federal 
agency, the Congress, the judicial branch, or the District of 
Columbia may be used for the pay, allowances, and benefits of 
an employee as defined by section 2105 of title 5, United 
States Code, or an individual employed by the government of the 
District of Columbia, permanent or temporary indefinite, who--
            (1) is a member of a Reserve component of the Armed 
        Forces, as described in section 10101 of title 10, 
        United States Code, or the National Guard, as described 
        in section 101 of title 32, United States Code;
            (2) performs, for the purpose of providing military 
        aid to enforce the law or providing assistance to civil 
        authorities in the protection or saving of life or 
        property or prevention of injury--
                    (A) Federal service under sections 331, 
                332, 333, or 12406 of title 10, United States 
                Code, or other provision of law, as applicable; 
                or
                    (B) full-time military service for his or 
                her State, the District of Columbia, the 
                Commonwealth of Puerto Rico, or a territory of 
                the United States; and
            (3) requests and is granted--
                    (A) leave under the authority of this 
                section; or
                    (B) annual leave, which may be granted 
                without regard to the provisions of sections 
                5519 and 6323(b) of title 5, United States 
                Code, if such employee is otherwise entitled to 
                such annual leave:
Provided, That any employee who requests leave under subsection 
(3)(A) for service described in subsection (2) of this section 
is entitled to such leave, subject to the provisions of this 
section and of the last sentence of section 6323(b) of title 5, 
United States Code, and such leave shall be considered leave 
under section 6323(b) of title 5, United States Code.
    Sec. 8024. None of the funds appropriated by this Act shall 
be available to perform any cost study pursuant to the 
provisions of OMB Circular A-76 if the study being performed 
exceeds a period of 24 months after initiation of such study 
with respect to a single function activity or 48 months after 
initiation of such study for a multi-function activity.
    Sec. 8025. Funds appropriated by this Act for the American 
Forces Information Service shall not be used for any national 
or international political or psychological activities.
    Sec. 8026. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may adjust wage rates for 
civilian employees hired for certain health care occupations as 
authorized for the Secretary of Veterans Affairs by section 
7455 of title 38, United States Code.
    Sec. 8027. Of the funds made available in this Act, not 
less than $55,000,000 shall be available to maintain an 
attrition reserve force of 18 B-52 aircraft, of which 
$3,300,000 shall be available from ``Military Personnel, Air 
Force'', $37,400,000 shall be available from ``Operation and 
Maintenance, Air Force'', and $14,300,000 shall be available 
from ``Aircraft Procurement, Air Force'': Provided, That the 
Secretary of the Air Force shall maintain a total force of 94 
B-52 aircraft, including 18 attrition reserve aircraft, during 
fiscal year 2002: Provided further, That the Secretary of 
Defense shall include in the Air Force budget request for 
fiscal year 2003 amounts sufficient to maintain a B-52 force 
totaling 94 aircraft.
    Sec. 8028. (a) Of the funds for the procurement of supplies 
or services appropriated by this Act, qualified nonprofit 
agencies for the blind or other severely handicapped shall be 
afforded the maximum practicable opportunity to participate as 
subcontractors and suppliers in the performance of contracts 
let by the Department of Defense.
    (b) During the current fiscal year, a business concern 
which has negotiated with a military service or defense agency 
a subcontracting plan for the participation by small business 
concerns pursuant to section 8(d) of the Small Business Act (15 
U.S.C. 637(d)) shall be given credit toward meeting that 
subcontracting goal for any purchases made from qualified 
nonprofit agencies for the blind or other severely handicapped.
    (c) For the purpose of this section, the phrase ``qualified 
nonprofit agency for the blind or other severely handicapped'' 
means a nonprofit agency for the blind or other severely 
handicapped that has been approved by the Committee for the 
Purchase from the Blind and Other Severely Handicapped under 
the Javits-Wagner-O'Day Act (41 U.S.C. 46-48).
    Sec. 8029. During the current fiscal year, net receipts 
pursuant to collections from third party payers pursuant to 
section 1095 of title 10, United States Code, shall be made 
available to the local facility of the uniformed services 
responsible for the collections and shall be over and above the 
facility's direct budget amount.
    Sec. 8030. During the current fiscal year, the Department 
of Defense is authorized to incur obligations of not to exceed 
$350,000,000 for purposes specified in section 2350j(c) of 
title 10, United States Code, in anticipation of receipt of 
contributions, only from the Government of Kuwait, under that 
section: Provided, That upon receipt, such contributions from 
the Government of Kuwait shall be credited to the 
appropriations or fund which incurred such obligations.
    Sec. 8031. Of the funds made available in this Act, not 
less than $23,003,000 shall be available for the Civil Air 
Patrol Corporation, of which $21,503,000 shall be available for 
Civil Air Patrol Corporation operation and maintenance to 
support readiness activities which includes $1,500,000 for the 
Civil Air Patrol counterdrug program: Provided, That funds 
identified for ``Civil Air Patrol'' under this section are 
intended for and shall be for the exclusive use of the Civil 
Air Patrol Corporation and not for the Air Force or any unit 
thereof.
    Sec. 8032. (a) None of the funds appropriated in this Act 
are available to establish a new Department of Defense 
(department) federally funded research and development center 
(FFRDC), either as a new entity, or as a separate entity 
administrated by an organization managing another FFRDC, or as 
a nonprofit membership corporation consisting of a consortium 
of other FFRDCs and other non-profit entities.
    (b) No member of a Board of Directors, Trustees, Overseers, 
Advisory Group, Special Issues Panel, Visiting Committee, or 
any similar entity of a defense FFRDC, and no paid consultant 
to any defense FFRDC, except when acting in a technical 
advisory capacity, may be compensated for his or her services 
as a member of such entity, or as a paid consultant by more 
than one FFRDC in a fiscal year: Provided, That a member of any 
such entity referred to previously in this subsection shall be 
allowed travel expenses and per diem as authorized under the 
Federal Joint Travel Regulations, when engaged in the 
performance of membership duties.
    (c) Notwithstanding any other provision of law, none of the 
funds available to the department from any source during fiscal 
year 2002 may be used by a defense FFRDC, through a fee or 
other payment mechanism, for construction of new buildings, for 
payment of cost sharing for projects funded by Government 
grants, for absorption of contract overruns, or for certain 
charitable contributions, not to include employee participation 
in community service and/or development.
    (d) Notwithstanding any other provision of law, of the 
funds available to the department during fiscal year 2002, not 
more than 6,227 staff years of technical effort (staff years) 
may be funded for defense FFRDCs: Provided, That of the 
specific amount referred to previously in this subsection, not 
more than 1,029 staff years may be funded for the defense 
studies and analysis FFRDCs.
    (e) The Secretary of Defense shall, with the submission of 
the department's fiscal year 2003 budget request, submit a 
report presenting the specific amounts of staff years of 
technical effort to be allocated for each defense FFRDC during 
that fiscal year.
    (f) Notwithstanding any other provision of this Act, the 
total amount appropriated in this Act for FFRDCs is hereby 
reduced by $40,000,000.
    Sec. 8033. None of the funds appropriated or made available 
in this Act shall be used to procure carbon, alloy or armor 
steel plate for use in any Government-owned facility or 
property under the control of the Department of Defense which 
were not melted and rolled in the United States or Canada: 
Provided, That these procurement restrictions shall apply to 
any and all Federal Supply Class 9515, American Society of 
Testing and Materials (ASTM) or American Iron and Steel 
Institute (AISI) specifications of carbon, alloy or armor steel 
plate: Provided further, That the Secretary of the military 
department responsible for the procurement may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes: 
Provided further, That these restrictions shall not apply to 
contracts which are in being as of the date of the enactment of 
this Act.
    Sec. 8034. For the purposes of this Act, the term 
``congressional defense committees'' means the Armed Services 
Committee of the House of Representatives, the Armed Services 
Committee of the Senate, the Subcommittee on Defense of the 
Committee on Appropriations of the Senate, and the Subcommittee 
on Defense of the Committee on Appropriations of the House of 
Representatives.
    Sec. 8035. During the current fiscal year, the Department 
of Defense may acquire the modification, depot maintenance and 
repair of aircraft, vehicles and vessels as well as the 
production of components and other Defense-related articles, 
through competition between Department of Defense depot 
maintenance activities and private firms: Provided, That the 
Senior Acquisition Executive of the military department or 
defense agency concerned, with power of delegation, shall 
certify that successful bids include comparable estimates of 
all direct and indirect costs for both public and private bids: 
Provided further, That Office of Management and Budget Circular 
A-76 shall not apply to competitions conducted under this 
section.
    Sec. 8036. (a)(1) If the Secretary of Defense, after 
consultation with the United States Trade Representative, 
determines that a foreign country which is party to an 
agreement described in paragraph (2) has violated the terms of 
the agreement by discriminating against certain types of 
products produced in the United States that are covered by the 
agreement, the Secretary of Defense shall rescind the 
Secretary's blanket waiver of the Buy American Act with respect 
to such types of products produced in that foreign country.
    (2) An agreement referred to in paragraph (1) is any 
reciprocal defense procurement memorandum of understanding, 
between the United States and a foreign country pursuant to 
which the Secretary of Defense has prospectively waived the Buy 
American Act for certain products in that country.
    (b) The Secretary of Defense shall submit to the Congress a 
report on the amount of Department of Defense purchases from 
foreign entities in fiscal year 2002. Such report shall 
separately indicate the dollar value of items for which the Buy 
American Act was waived pursuant to any agreement described in 
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 
2501 et seq.), or any international agreement to which the 
United States is a party.
    (c) For purposes of this section, the term ``Buy American 
Act'' means title III of the Act entitled ``An Act making 
appropriations for the Treasury and Post Office Departments for 
the fiscal year ending June 30, 1934, and for other purposes'', 
approved March 3, 1933 (41 U.S.C. 10a et seq.).
    Sec. 8037. Appropriations contained in this Act that remain 
available at the end of the current fiscal year as a result of 
energy cost savings realized by the Department of Defense shall 
remain available for obligation for the next fiscal year to the 
extent, and for the purposes, provided in section 2865 of title 
10, United States Code.


                     (including transfer of funds)


    Sec. 8038. Amounts deposited during the current fiscal year 
to the special account established under 40 U.S.C. 485(h)(2) 
and to the special account established under 10 U.S.C. 
2667(d)(1) are appropriated and shall be available until 
transferred by the Secretary of Defense to current applicable 
appropriations or funds of the Department of Defense under the 
terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and 
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be 
available for the same time period and the same purposes as the 
appropriation to which transferred.
    Sec. 8039. The President shall include with each budget for 
a fiscal year submitted to the Congress under section 1105 of 
title 31, United States Code, materials that shall identify 
clearly and separately the amounts requested in the budget for 
appropriation for that fiscal year for salaries and expenses 
related to administrative activities of the Department of 
Defense, the military departments, and the defense agencies.
    Sec. 8040. Notwithstanding any other provision of law, 
funds available for ``Drug Interdiction and Counter-Drug 
Activities, Defense'' may be obligated for the Young Marines 
program.


                     (including transfer of funds)


    Sec. 8041. During the current fiscal year, amounts 
contained in the Department of Defense Overseas Military 
Facility Investment Recovery Account established by section 
2921(c)(1) of the National Defense Authorization Act of 1991 
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available 
until expended for the payments specified by section 2921(c)(2) 
of that Act.
    Sec. 8042. (a) In General.--Notwithstanding any other 
provision of law, the Secretary of the Air Force may convey at 
no cost to the Air Force, without consideration, to Indian 
tribes located in the States of North Dakota, South Dakota, 
Montana, and Minnesota relocatable military housing units 
located at Grand Forks Air Force Base and Minot Air Force Base 
that are excess to the needs of the Air Force.
    (b) Processing of Requests.--The Secretary of the Air Force 
shall convey, at no cost to the Air Force, military housing 
units under subsection (a) in accordance with the request for 
such units that are submitted to the Secretary by the Operation 
Walking Shield Program on behalf of Indian tribes located in 
the States of North Dakota, South Dakota, Montana, and 
Minnesota.
    (c) Resolution of Housing Unit Conflicts.--The Operation 
Walking Shield program shall resolve any conflicts among 
requests of Indian tribes for housing units under subsection 
(a) before submitting requests to the Secretary of the Air 
Force under subsection (b).
    (d) Indian Tribe Defined.--In this section, the term 
``Indian tribe'' means any recognized Indian tribe included on 
the current list published by the Secretary of the Interior 
under section 104 of the Federally Recognized Indian Tribe Act 
of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).
    Sec. 8043. During the current fiscal year, appropriations 
which are available to the Department of Defense for operation 
and maintenance may be used to purchase items having an 
investment item unit cost of not more than $100,000: Provided, 
That the $100,000 limitation shall not apply to amounts 
appropriated in this Act under the heading ``Operation and 
Maintenance, Defense-Wide'' for expenses related to certain 
classified activities.
    Sec. 8044. (a) During the current fiscal year, none of the 
appropriations or funds available to the Department of Defense 
Working Capital Funds shall be used for the purchase of an 
investment item for the purpose of acquiring a new inventory 
item for sale or anticipated sale during the current fiscal 
year or a subsequent fiscal year to customers of the Department 
of Defense Working Capital Funds if such an item would not have 
been chargeable to the Department of Defense Business 
Operations Fund during fiscal year 1994 and if the purchase of 
such an investment item would be chargeable during the current 
fiscal year to appropriations made to the Department of Defense 
for procurement.
    (b) The fiscal year 2003 budget request for the Department 
of Defense as well as all justification material and other 
documentation supporting the fiscal year 2003 Department of 
Defense budget shall be prepared and submitted to the Congress 
on the basis that any equipment which was classified as an end 
item and funded in a procurement appropriation contained in 
this Act shall be budgeted for in a proposed fiscal year 2003 
procurement appropriation and not in the supply management 
business area or any other area or category of the Department 
of Defense Working Capital Funds.
    Sec. 8045. None of the funds appropriated by this Act for 
programs of the Central Intelligence Agency shall remain 
available for obligation beyond the current fiscal year, except 
for funds appropriated for the Reserve for Contingencies, which 
shall remain available until September 30, 2003: Provided, That 
funds appropriated, transferred, or otherwise credited to the 
Central Intelligence Agency Central Services Working Capital 
Fund during this or any prior or subsequent fiscal year shall 
remain available until expended: Provided further, That any 
funds appropriated or transferred to the Central Intelligence 
Agency for agent operations and for covert action programs 
authorized by the President under section 503 of the National 
Security Act of 1947, as amended, shall remain available until 
September 30, 2003.
    Sec. 8046. Notwithstanding any other provision of law, 
funds made available in this Act for the Defense Intelligence 
Agency may be used for the design, development, and deployment 
of General Defense Intelligence Program intelligence 
communications and intelligence information systems for the 
Services, the Unified and Specified Commands, and the component 
commands.
    Sec. 8047. Of the funds appropriated to the Department of 
Defense under the heading ``Operation and Maintenance, Defense-
Wide'', not less than $10,000,000 shall be made available only 
for the mitigation of environmental impacts, including training 
and technical assistance to tribes, related administrative 
support, the gathering of information, documenting of 
environmental damage, and developing a system for 
prioritization of mitigation and cost to complete estimates for 
mitigation, on Indian lands resulting from Department of 
Defense activities.
    Sec. 8048. Amounts collected for the use of the facilities 
of the National Science Center for Communications and 
Electronics during the current fiscal year and hereafter 
pursuant to section 1459(g) of the Department of Defense 
Authorization Act, 1986, and deposited to the special account 
established under subsection 1459(g)(2) of that Act are 
appropriated and shall be available until expended for the 
operation and maintenance of the Center as provided for in 
subsection 1459(g)(2).


                          (transfer of funds)


    Sec. 8049. In addition to the amounts appropriated 
elsewhere in this Act, $10,000,000 is hereby appropriated to 
the Department of Defense: Provided, That at the direction of 
the Assistant Secretary of Defense for Reserve Affairs, these 
funds shall be transferred to the Reserve component personnel 
accounts in Title I of this Act: Provided further, That these 
funds shall be used for incentive and bonus programs that 
address the most pressing recruitment and retention issues in 
the Reserve components.
    Sec. 8050. (a) None of the funds appropriated in this Act 
may be expended by an entity of the Department of Defense 
unless the entity, in expending the funds, complies with the 
Buy American Act. For purposes of this subsection, the term 
``Buy American Act'' means title III of the Act entitled ``An 
Act making appropriations for the Treasury and Post Office 
Departments for the fiscal year ending June 30, 1934, and for 
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et 
seq.).
    (b) If the Secretary of Defense determines that a person 
has been convicted of intentionally affixing a label bearing a 
``Made in America'' inscription to any product sold in or 
shipped to the United States that is not made in America, the 
Secretary shall determine, in accordance with section 2410f of 
title 10, United States Code, whether the person should be 
debarred from contracting with the Department of Defense.
    (c) In the case of any equipment or products purchased with 
appropriations provided under this Act, it is the sense of the 
Congress that any entity of the Department of Defense, in 
expending the appropriation, purchase only American-made 
equipment and products, provided that American-made equipment 
and products are cost-competitive, quality-competitive, and 
available in a timely fashion.
    Sec. 8051. None of the funds appropriated by this Act shall 
be available for a contract for studies, analysis, or 
consulting services entered into without competition on the 
basis of an unsolicited proposal unless the head of the 
activity responsible for the procurement determines--
            (1) as a result of thorough technical evaluation, 
        only one source is found fully qualified to perform the 
        proposed work;
            (2) the purpose of the contract is to explore an 
        unsolicited proposal which offers significant 
        scientific or technological promise, represents the 
        product of original thinking, and was submitted in 
        confidence by one source; or
            (3) the purpose of the contract is to take 
        advantage of unique and significant industrial 
        accomplishment by a specific concern, or to insure that 
        a new product or idea of a specific concern is given 
        financial support:
Provided, That this limitation shall not apply to contracts in 
an amount of less than $25,000, contracts related to 
improvements of equipment that is in development or production, 
or contracts as to which a civilian official of the Department 
of Defense, who has been confirmed by the Senate, determines 
that the award of such contract is in the interest of the 
national defense.
    Sec. 8052. (a) Except as provided in subsections (b) and 
(c), none of the funds made available by this Act may be used--
            (1) to establish a field operating agency; or
            (2) to pay the basic pay of a member of the Armed 
        Forces or civilian employee of the department who is 
        transferred or reassigned from a headquarters activity 
        if the member or employee's place of duty remains at 
        the location of that headquarters.
    (b) The Secretary of Defense or Secretary of a military 
department may waive the limitations in subsection (a), on a 
case-by-case basis, if the Secretary determines, and certifies 
to the Committees on Appropriations of the House of 
Representatives and Senate that the granting of the waiver will 
reduce the personnel requirements or the financial requirements 
of the department.
    (c) This section does not apply to field operating agencies 
funded within the National Foreign Intelligence Program.
    Sec. 8053. Notwithstanding section 303 of Public Law 96-487 
or any other provision of law, the Secretary of the Navy is 
authorized to lease real and personal property at Naval Air 
Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for 
commercial, industrial or other purposes: Provided, That 
notwithstanding any other provision of law, the Secretary of 
the Navy may remove hazardous materials from facilities, 
buildings, and structures at Adak, Alaska, and may demolish or 
otherwise dispose of such facilities, buildings, and 
structures.


                             (rescissions)


    Sec. 8054. Of the funds provided in Department of Defense 
Appropriations Acts, the following funds are hereby rescinded 
from the following accounts and programs in the specified 
amounts:
            ``Former Soviet Union Threat Reduction, 2000/
        2002'', $32,000,000;
            ``Other Procurement, Navy, 2000/2002'', 
        $15,300,000;
            ``Aircraft Procurement, Air Force, 2000/2002'', 
        $8,500,000;
            ``Other Procurement, Air Force, 2000/2002'', 
        $20,000,000;
            ``Aircraft Procurement, Army, 2001/2003'', 
        $16,000,000;
            ``Procurement of Ammunition, Army, 2001/2003'', 
        $27,400,000;
            ``Other Procurement, Army, 2001/2003'', 
        $28,745,000;
            ``Aircraft Procurement, Navy, 2001/2003'', 
        $8,600,000;
            ``Weapons Procurement, Navy, 2001/2003'', 
        $20,000,000;
            ``Other Procurement, Navy, 2001/2003'', $7,600,000;
            ``Procurement, Marine Corps, 2001/2003'', 
        $1,000,000;
            ``Aircraft Procurement, Air Force, 2001/2003'', 
        $63,283,000;
            ``Missile Procurement, Air Force, 2001/2003'', 
        $58,450,000;
            ``Procurement of Ammunition, Air Force, 2001/
        2003'', $5,800,000;
            ``Other Procurement, Air Force, 2001/2003'', 
        $10,200,000;
            ``Procurement, Defense-Wide, 2001/2003'', 
        $113,434,000;
            ``Research, Development, Test and Evaluation, Army, 
        2001/2002'', $6,300,000;
            ``Research, Development, Test and Evaluation, Navy, 
        2001/2002'', $18,800,000;
            ``Research, Development, Test and Evaluation, Air 
        Force, 2001/2002'', $69,283,000; and
            ``Research, Development, Test and Evaluation, 
        Defense-Wide, 2001/2002'', $780,000.
    Sec. 8055. None of the funds available in this Act may be 
used to reduce the authorized positions for military (civilian) 
technicians of the Army National Guard, the Air National Guard, 
Army Reserve and Air Force Reserve for the purpose of applying 
any administratively imposed civilian personnel ceiling, 
freeze, or reduction on military (civilian) technicians, unless 
such reductions are a direct result of a reduction in military 
force structure.
    Sec. 8056. None of the funds appropriated or otherwise made 
available in this Act may be obligated or expended for 
assistance to the Democratic People's Republic of North Korea 
unless specifically appropriated for that purpose.
    Sec. 8057. During the current fiscal year, funds 
appropriated in this Act are available to compensate members of 
the National Guard for duty performed pursuant to a plan 
submitted by a Governor of a State and approved by the 
Secretary of Defense under section 112 of title 32, United 
States Code: Provided, That during the performance of such 
duty, the members of the National Guard shall be under State 
command and control: Provided further, That such duty shall be 
treated as full-time National Guard duty for purposes of 
sections 12602(a)(2) and (b)(2) of title 10, United States 
Code.
    Sec. 8058. Funds appropriated in this Act for operation and 
maintenance of the Military Departments, Combatant Commands and 
Defense Agencies shall be available for reimbursement of pay, 
allowances and other expenses which would otherwise be incurred 
against appropriations for the National Guard and Reserve when 
members of the National Guard and Reserve provide intelligence 
or counterintelligence support to Combatant Commands, Defense 
Agencies and Joint Intelligence Activities, including the 
activities and programs included within the National Foreign 
Intelligence Program (NFIP), the Joint Military Intelligence 
Program (JMIP), and the Tactical Intelligence and Related 
Activities (TIARA) aggregate: Provided, That nothing in this 
section authorizes deviation from established Reserve and 
National Guard personnel and training procedures.
    Sec. 8059. During the current fiscal year, none of the 
funds appropriated in this Act may be used to reduce the 
civilian medical and medical support personnel assigned to 
military treatment facilities below the September 30, 2001 
level: Provided, That the Service Surgeons General may waive 
this section by certifying to the congressional defense 
committees that the beneficiary population is declining in some 
catchment areas and civilian strength reductions may be 
consistent with responsible resource stewardship and 
capitation-based budgeting.
    Sec. 8060. (a) Limitation on Pentagon Renovation Costs.--
Not later than the date each year on which the President 
submits to Congress the budget under section 1105 of title 31, 
United States Code, the Secretary of Defense shall submit to 
Congress a certification that the total cost for the planning, 
design, construction, and installation of equipment for the 
renovation of wedges 2 through 5 of the Pentagon Reservation, 
cumulatively, will not exceed four times the total cost for the 
planning, design, construction, and installation of equipment 
for the renovation of wedge 1.
    (b) Annual Adjustment.--For purposes of applying the 
limitation in subsection (a), the Secretary shall adjust the 
cost for the renovation of wedge 1 by any increase or decrease 
in costs attributable to economic inflation, based on the most 
recent economic assumptions issued by the Office of Management 
and Budget for use in preparation of the budget of the United 
States under section 1104 of title 31, United States Code.
    (c) Exclusion of Certain Costs.--For purposes of 
calculating the limitation in subsection (a), the total cost 
for wedges 2 through 5 shall not include--
            (1) any repair or reconstruction cost incurred as a 
        result of the terrorist attack on the Pentagon that 
        occurred on September 11, 2001;
            (2) any increase in costs for wedges 2 through 5 
        attributable to compliance with new requirements of 
        Federal, State, or local laws; and
            (3) any increase in costs attributable to 
        additional security requirements that the Secretary of 
        Defense considers essential to provide a safe and 
        secure working environment.
    (d) Certification Cost Reports.--As part of the annual 
certification under subsection (a), the Secretary shall report 
the projected cost (as of the time of the certification) for--
            (1) the renovation of each wedge, including the 
        amount adjusted or otherwise excluded for such wedge 
        under the authority of paragraphs (2) and (3) of 
        subsection (c) for the period covered by the 
        certification; and
            (2) the repair and reconstruction of wedges 1 and 2 
        in response to the terrorist attack on the Pentagon 
        that occurred on September 11, 2001.
    (e) Duration of Certification Requirement.--The requirement 
to make an annual certification under subsection (a) shall 
apply until the Secretary certifies to Congress that the 
renovation of the Pentagon Reservation is completed.
    Sec. 8061. Notwithstanding any other provision of law, that 
not more than 35 percent of funds provided in this Act, for 
environmental remediation may be obligated under indefinite 
delivery/indefinite quantity contracts with a total contract 
value of $130,000,000 or higher.
    Sec. 8062. Of the funds made available under the heading 
``Operation and Maintenance, Air Force'', $10,200,000 shall be 
available to realign railroad track on Elmendorf Air Force Base 
and Fort Richardson.
    Sec. 8063. (a) None of the funds available to the 
Department of Defense for any fiscal year for drug interdiction 
or counter-drug activities may be transferred to any other 
department or agency of the United States except as 
specifically provided in an appropriations law.
    (b) None of the funds available to the Central Intelligence 
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or 
agency of the United States except as specifically provided in 
an appropriations law.


                          (transfer of funds)


    Sec. 8064. Appropriations available in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'' for 
increasing energy and water efficiency in Federal buildings 
may, during their period of availability, be transferred to 
other appropriations or funds of the Department of Defense for 
projects related to increasing energy and water efficiency, to 
be merged with and to be available for the same general 
purposes, and for the same time period, as the appropriation or 
fund to which transferred.
    Sec. 8065. None of the funds appropriated by this Act may 
be used for the procurement of ball and roller bearings other 
than those produced by a domestic source and of domestic 
origin: Provided, That the Secretary of the military department 
responsible for such procurement may waive this restriction on 
a case-by-case basis by certifying in writing to the Committees 
on Appropriations of the House of Representatives and the 
Senate, that adequate domestic supplies are not available to 
meet Department of Defense requirements on a timely basis and 
that such an acquisition must be made in order to acquire 
capability for national security purposes: Provided further, 
That this restriction shall not apply to the purchase of 
``commercial items'', as defined by section 4(12) of the Office 
of Federal Procurement Policy Act, except that the restriction 
shall apply to ball or roller bearings purchased as end items.
    Sec. 8066. Notwithstanding any other provision of law, 
funds available to the Department of Defense shall be made 
available to provide transportation of medical supplies and 
equipment, on a nonreimbursable basis, to American Samoa, and 
funds available to the Department of Defense shall be made 
available to provide transportation of medical supplies and 
equipment, on a nonreimbursable basis, to the Indian Health 
Service when it is in conjunction with a civil-military 
project.
    Sec. 8067. None of the funds in this Act may be used to 
purchase any supercomputer which is not manufactured in the 
United States, unless the Secretary of Defense certifies to the 
congressional defense committees that such an acquisition must 
be made in order to acquire capability for national security 
purposes that is not available from United States 
manufacturers.
    Sec. 8068. Notwithstanding any other provision of law, the 
Naval shipyards of the United States shall be eligible to 
participate in any manufacturing extension program financed by 
funds appropriated in this or any other Act.
    Sec. 8069. Notwithstanding any other provision of law, each 
contract awarded by the Department of Defense during the 
current fiscal year for construction or service performed in 
whole or in part in a State (as defined in section 381(d) of 
title 10, United States Code) which is not contiguous with 
another State and has an unemployment rate in excess of the 
national average rate of unemployment as determined by the 
Secretary of Labor, shall include a provision requiring the 
contractor to employ, for the purpose of performing that 
portion of the contract in such State that is not contiguous 
with another State, individuals who are residents of such State 
and who, in the case of any craft or trade, possess or would be 
able to acquire promptly the necessary skills: Provided, That 
the Secretary of Defense may waive the requirements of this 
section, on a case-by-case basis, in the interest of national 
security.
    Sec. 8070. None of the funds made available in this or any 
other Act may be used to pay the salary of any officer or 
employee of the Department of Defense who approves or 
implements the transfer of administrative responsibilities or 
budgetary resources of any program, project, or activity 
financed by this Act to the jurisdiction of another Federal 
agency not financed by this Act without the express 
authorization of Congress: Provided, That this limitation shall 
not apply to transfers of funds expressly provided for in 
Defense Appropriations Acts, or provisions of Acts providing 
supplemental appropriations for the Department of Defense.
    Sec. 8071. Of the funds made available in this Act under 
the heading ``Operation and Maintenance, Defense-Wide'', up to 
$5,000,000 shall be available to provide assistance, by grant 
or otherwise, to public school systems that have unusually high 
concentrations of special needs military dependents enrolled: 
Provided, That in selecting school systems to receive such 
assistance, special consideration shall be given to school 
systems in States that are considered overseas assignments: 
Provided further, That up to $2,000,000 shall be available for 
DOD to establish a non-profit trust fund to assist in the 
public-private funding of public school repair and maintenance 
projects, or provide directly to non-profit organizations who 
in return will use these monies to provide assistance in the 
form of repair, maintenance, or renovation to public school 
systems that have high concentrations of special needs military 
dependents and are located in States that are considered 
overseas assignments: Provided further, That to the extent a 
federal agency provides this assistance, by contract, grant or 
otherwise, it may accept and expend non-federal funds in 
combination with these federal funds to provide assistance for 
the authorized purpose, if the non-federal entity requests such 
assistance and the non-federal funds are provided on a 
reimbursable basis.
    Sec. 8072. (a) Limitation on Transfer of Defense Articles 
and Services.--Notwithstanding any other provision of law, none 
of the funds available to the Department of Defense for the 
current fiscal year may be obligated or expended to transfer to 
another nation or an international organization any defense 
articles or services (other than intelligence services) for use 
in the activities described in subsection (b) unless the 
congressional defense committees, the Committee on 
International Relations of the House of Representatives, and 
the Committee on Foreign Relations of the Senate are notified 
15 days in advance of such transfer.
    (b) Covered Activities.--This section applies to--
            (1) any international peacekeeping or peace-
        enforcement operation under the authority of chapter VI 
        or chapter VII of the United Nations Charter under the 
        authority of a United Nations Security Council 
        resolution; and
            (2) any other international peacekeeping, peace-
        enforcement, or humanitarian assistance operation.
    (c) Required Notice.--A notice under subsection (a) shall 
include the following:
            (1) A description of the equipment, supplies, or 
        services to be transferred.
            (2) A statement of the value of the equipment, 
        supplies, or services to be transferred.
            (3) In the case of a proposed transfer of equipment 
        or supplies--
                    (A) a statement of whether the inventory 
                requirements of all elements of the Armed 
                Forces (including the reserve components) for 
                the type of equipment or supplies to be 
                transferred have been met; and
                    (B) a statement of whether the items 
                proposed to be transferred will have to be 
                replaced and, if so, how the President proposes 
                to provide funds for such replacement.
    Sec. 8073. To the extent authorized by subchapter VI of 
chapter 148 of title 10, United States Code, the Secretary of 
Defense may issue loan guarantees in support of United States 
defense exports not otherwise provided for: Provided, That the 
total contingent liability of the United States for guarantees 
issued under the authority of this section may not exceed 
$15,000,000,000: Provided further, That the exposure fees 
charged and collected by the Secretary for each guarantee shall 
be paid by the country involved and shall not be financed as 
part of a loan guaranteed by the United States: Provided 
further, That the Secretary shall provide quarterly reports to 
the Committees on Appropriations, Armed Services, and Foreign 
Relations of the Senate and the Committees on Appropriations, 
Armed Services, and International Relations in the House of 
Representatives on the implementation of this program: Provided 
further, That amounts charged for administrative fees and 
deposited to the special account provided for under section 
2540c(d) of title 10, shall be available for paying the costs 
of administrative expenses of the Department of Defense that 
are attributable to the loan guarantee program under subchapter 
VI of chapter 148 of title 10, United States Code.
    Sec. 8074. None of the funds available to the Department of 
Defense under this Act shall be obligated or expended to pay a 
contractor under a contract with the Department of Defense for 
costs of any amount paid by the contractor to an employee 
when--
            (1) such costs are for a bonus or otherwise in 
        excess of the normal salary paid by the contractor to 
        the employee; and
            (2) such bonus is part of restructuring costs 
        associated with a business combination.
    Sec. 8075. (a) None of the funds appropriated or otherwise 
made available in this Act may be used to transport or provide 
for the transportation of chemical munitions or agents to the 
Johnston Atoll for the purpose of storing or demilitarizing 
such munitions or agents.
    (b) The prohibition in subsection (a) shall not apply to 
any obsolete World War II chemical munition or agent of the 
United States found in the World War II Pacific Theater of 
Operations.
    (c) The President may suspend the application of subsection 
(a) during a period of war in which the United States is a 
party.
    Sec. 8076. Up to $3,000,000 of the funds appropriated under 
the heading ``Operation and Maintenance, Navy'' in this Act for 
the Pacific Missile Range Facility may be made available to 
contract for the repair, maintenance, and operation of adjacent 
off-base water, drainage, and flood control systems critical to 
base operations.


                     (including transfer of funds)


    Sec. 8077. During the current fiscal year, no more than 
$30,000,000 of appropriations made in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'' may be 
transferred to appropriations available for the pay of military 
personnel, to be merged with, and to be available for the same 
time period as the appropriations to which transferred, to be 
used in support of such personnel in connection with support 
and services for eligible organizations and activities outside 
the Department of Defense pursuant to section 2012 of title 10, 
United States Code.
    Sec. 8078. For purposes of section 1553(b) of title 31, 
United States Code, any subdivision of appropriations made in 
this Act under the heading ``Shipbuilding and Conversion, 
Navy'' shall be considered to be for the same purpose as any 
subdivision under the heading ``Shipbuilding and Conversion, 
Navy'' appropriations in any prior year, and the 1 percent 
limitation shall apply to the total amount of the 
appropriation.
    Sec. 8079. During the current fiscal year, in the case of 
an appropriation account of the Department of Defense for which 
the period of availability for obligation has expired or which 
has closed under the provisions of section 1552 of title 31, 
United States Code, and which has a negative unliquidated or 
unexpended balance, an obligation or an adjustment of an 
obligation may be charged to any current appropriation account 
for the same purpose as the expired or closed account if--
            (1) the obligation would have been properly 
        chargeable (except as to amount) to the expired or 
        closed account before the end of the period of 
        availability or closing of that account;
            (2) the obligation is not otherwise properly 
        chargeable to any current appropriation account of the 
        Department of Defense; and
            (3) in the case of an expired account, the 
        obligation is not chargeable to a current appropriation 
        of the Department of Defense under the provisions of 
        section 1405(b)(8) of the National Defense 
        Authorization Act for Fiscal Year 1991, Public Law 101-
        510, as amended (31 U.S.C. 1551 note): Provided, That 
        in the case of an expired account, if subsequent review 
        or investigation discloses that there was not in fact a 
        negative unliquidated or unexpended balance in the 
        account, any charge to a current account under the 
        authority of this section shall be reversed and 
        recorded against the expired account: Provided further, 
        That the total amount charged to a current 
        appropriation under this section may not exceed an 
        amount equal to 1 percent of the total appropriation 
        for that account.
    Sec. 8080. Funds appropriated in title II of this Act and 
for the Defense Health Program in title VI of this Act for 
supervision and administration costs for facilities maintenance 
and repair, minor construction, or design projects may be 
obligated at the time the reimbursable order is accepted by the 
performing activity: Provided,That for the purpose of this 
section, supervision and administration costs includes all in-house 
Government cost.
    Sec. 8081. During the current fiscal year, the Secretary of 
Defense may waive reimbursement of the cost of conferences, 
seminars, courses of instruction, or similar educational 
activities of the Asia-Pacific Center for Security Studies for 
military officers and civilian officials of foreign nations if 
the Secretary determines that attendance by such personnel, 
without reimbursement, is in the national security interest of 
the United States: Provided, That costs for which reimbursement 
is waived pursuant to this section shall be paid from 
appropriations available for the Asia-Pacific Center.
    Sec. 8082. (a) Notwithstanding any other provision of law, 
the Chief of the National Guard Bureau may permit the use of 
equipment of the National Guard Distance Learning Project by 
any person or entity on a space-available, reimbursable basis. 
The Chief of the National Guard Bureau shall establish the 
amount of reimbursement for such use on a case-by-case basis.
    (b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs 
associated with the use of equipment of the project under that 
subsection. Such funds shall be available for such purposes 
without fiscal year limitation.
    Sec. 8083. Using funds available by this Act or any other 
Act, the Secretary of the Air Force, pursuant to a 
determination under section 2690 of title 10, United States 
Code, may implement cost-effective agreements for required 
heating facility modernization in the Kaiserslautern Military 
Community in the Federal Republic of Germany: Provided, That in 
the City of Kaiserslautern such agreements will include the use 
of United States anthracite as the base load energy for 
municipal district heat to the United States Defense 
installations: Provided further, That at Landstuhl Army 
Regional Medical Center and Ramstein Air Base, furnished heat 
may be obtained from private, regional or municipal services, 
if provisions are included for the consideration of United 
States coal as an energy source.
    Sec. 8084. Notwithstanding 31 U.S.C. 3902, during the 
current fiscal year and hereafter, interest penalties may be 
paid by the Department of Defense from funds financing the 
operation of the military department or defense agency with 
which the invoice or contract payment is associated.
    Sec. 8085. None of the funds appropriated in title IV of 
this Act may be used to procure end-items for delivery to 
military forces for operational training, operational use or 
inventory requirements: Provided, That this restriction does 
not apply to end-items used in development, prototyping, and 
test activities preceding and leading to acceptance for 
operational use: Provided further, That this restriction does 
not apply to programs funded within the National Foreign 
Intelligence Program: Provided further, That the Secretary of 
Defense may waive this restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of 
the House of Representatives and the Senate that it is in the 
national security interest to do so.
    Sec. 8086. Of the funds made available under the heading 
``Operation and Maintenance, Air Force'', not less than 
$1,500,000 shall be made available by grant or otherwise, to 
the Council of Athabascan Tribal Governments, to provide 
assistance for health care, monitoring and related issues 
associated with research conducted from 1955 to 1957 by the 
former Arctic Aeromedical Laboratory.
    Sec. 8087. In addition to the amounts appropriated or 
otherwise made available in this Act, $3,500,000, to remain 
available until September 30, 2002, is hereby appropriated to 
the Department of Defense: Provided, That the Secretary of 
Defense shall make a grant in the amount of $3,500,000 to the 
American Red Cross for Armed Forces Emergency Services.
    Sec. 8088. None of the funds made available in this Act may 
be used to approve or license the sale of the F-22 advanced 
tactical fighter to any foreign government.
    Sec. 8089. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each 
limitation on the procurement of defense items from foreign 
sources provided in law if the Secretary determines that the 
application of the limitation with respect to that country 
would invalidate cooperative programs entered into between the 
Department of Defense and the foreign country, or would 
invalidate reciprocal trade agreements for the procurement of 
defense items entered into under section 2531 of title 10, 
United States Code, and the country does not discriminate 
against the same or similar defense items produced in the 
United States for that country.
    (b) Subsection (a) applies with respect to--
            (1) contracts and subcontracts entered into on or 
        after the date of the enactment of this Act; and
            (2) options for the procurement of items that are 
        exercised after such date under contracts that are 
        entered into before such date if the option prices are 
        adjusted for any reason other than the application of a 
        waiver granted under subsection (a).
    (c) Subsection (a) does not apply to a limitation regarding 
construction of public vessels, ball and roller bearings, food, 
and clothing or textile materials as defined by section 11 
(chapters 50-65) of the Harmonized Tariff Schedule and products 
classified under headings 4010, 4202, 4203, 6401 through 6406, 
6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 
7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 
9404.
    Sec. 8090. Funds made available to the Civil Air Patrol in 
this Act under the heading ``Drug Interdiction and Counter-Drug 
Activities, Defense'' may be used for the Civil Air Patrol 
Corporation's counterdrug program, including its demand 
reduction program involving youth programs, as well as 
operational and training drug reconnaissance missions for 
Federal, State, and local government agencies; and for 
equipment needed for mission support or performance: Provided, 
That the Department of the Air Force should waive reimbursement 
from the Federal, State, and local government agencies for the 
use of these funds.
    Sec. 8091. Section 8125 of the Department of Defense 
Appropriations Act, 2001 (Public Law 106-259), is hereby 
repealed.
    Sec. 8092. Of the funds appropriated in this Act under the 
heading ``Research, Development, Test and Evaluation, Navy'', 
up to $2,600,000 may be made available for a Maritime Fire 
Training Center at Barbers Point, including provision for 
laboratories, construction, and other efforts associated with 
research, development, and other programs of major importance 
to the Department of Defense.
    Sec. 8093. (a) Prohibition.--None of the funds made 
available by this Act may be used to support any training 
program involving a unit of the security forces of a foreign 
country if the Secretary of Defense has received credible 
information from the Department of State that the unit has 
committed a gross violation of human rights, unless all 
necessary corrective steps have been taken.
    (b) Monitoring.--The Secretary of Defense, in consultation 
with the Secretary of State, shall ensure that prior to a 
decision to conduct any training program referred to in 
subsection (a), full consideration is given to all credible 
information available to the Department of State relating to 
human rights violations by foreign security forces.
    (c) Waiver.--The Secretary of Defense, after consultation 
with the Secretary of State, may waive the prohibition in 
subsection (a) if he determines that such waiver is required by 
extraordinary circumstances.
    (d) Report.--Not more than 15 days after the exercise of 
any waiver under subsection (c), the Secretary of Defense shall 
submit a report to the congressional defense committees 
describing the extraordinary circumstances, the purpose and 
duration of the training program, the United States forces and 
the foreign security forces involved in the training program, 
and the information relating to human rights violations that 
necessitates the waiver.
    Sec. 8094. The Secretary of Defense, in coordination with 
the Secretary of Health and Human Services, may carry out a 
program to distribute surplus dental equipment of the 
Department of Defense, at no cost to the Department of Defense, 
to Indian health service facilities and to federally-qualified 
health centers (within the meaning of section 1905(l)(2)(B) of 
the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
    Sec. 8095. The total amount appropriated in this Act is 
hereby reduced by $240,000,000 to reflect savings from 
favorable foreign currency fluctuations, to be derived as 
follows:
            ``Military Personnel, Army'', $39,400,000;
            ``Military Personnel, Navy'', $800,000;
            ``Military Personnel, Marine Corps'', $9,900,000;
            ``Military Personnel, Air Force'', $19,500,000;
            ``Operation and Maintenance, Army'', $87,600,000;
            ``Operation and Maintenance, Navy'', $18,300,000;
            ``Operation and Maintenance, Marine Corps'', 
        $1,300,000;
            ``Operation and Maintenance, Air Force'', 
        $33,800,000; and
            ``Operation and Maintenance, Defense-Wide'', 
        $29,400,000.
    Sec. 8096. None of the funds appropriated or made available 
in this Act to the Department of the Navy shall be used to 
develop, lease or procure the T-AKE class of ships unless the 
main propulsion diesel engines and propulsors are manufactured 
in the United States by a domestically operated entity: 
Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying in writing to 
the Committees on Appropriations of the House of 
Representatives and the Senate that adequate domestic supplies 
are not available to meet Department of Defense requirements on 
a timely basis and that such an acquisition must be made in 
order to acquire capability for national security purposes or 
there exists a significant cost or quality difference.
    Sec. 8097. The budget of the President for fiscal year 2003 
submitted to the Congress pursuant to section 1105 of title 31, 
United States Code, and each annual budget request thereafter, 
shall include separate budget justification documents for costs 
of United States Armed Forces' participation in contingency 
operations for the Military Personnel accounts, the Overseas 
Contingency Operations Transfer Fund, the Operation and 
Maintenance accounts, and the Procurement accounts: Provided, 
That these budget justification documents shall include a 
description of the funding requested for each anticipated 
contingency operation, for each military service, to include 
active duty and 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 
DefenseFinancial Management Regulation, for the Overseas 
Contingency Operations Transfer Fund for fiscal years 2001 and 2002.
    Sec. 8098. Notwithstanding any other provision of law, the 
total amount appropriated in this Act under Title I and Title 
II is hereby reduced by $50,000,000: Provided, That during the 
current fiscal year, not more than 250 military and civilian 
personnel of the Department of Defense shall be assigned to 
legislative affairs or legislative liaison functions: Provided 
further, That of the 250 personnel assigned to legislative 
liaison or legislative affairs functions, 20 percent shall be 
assigned to the Office of the Secretary of Defense and the 
Office of the Chairman of the Joint Chiefs of Staff, 20 percent 
shall be assigned to the Department of the Army, 20 percent 
shall be assigned to the Department of the Navy, 20 percent 
shall be assigned to the Department of the Air Force, and 20 
percent shall be assigned to the combatant commands: Provided 
further, That of the personnel assigned to legislative liaison 
and legislative affairs functions, no fewer than 20 percent 
shall be assigned to the Under Secretary of Defense 
(Comptroller), the Assistant Secretary of the Army (Financial 
Management and Comptroller), the Assistant Secretary of the 
Navy (Financial Management and Comptroller), and the Assistant 
Secretary of the Air Force (Financial Management and 
Comptroller).
    Sec. 8099. None of the funds appropriated or otherwise made 
available by this or other Department of Defense Appropriations 
Acts may be obligated or expended for the purpose of performing 
repairs or maintenance to military family housing units of the 
Department of Defense, including areas in such military family 
housing units that may be used for the purpose of conducting 
official Department of Defense business.
    Sec. 8100. Notwithstanding any other provision of law, 
funds appropriated in this Act under the heading ``Research, 
Development, Test and Evaluation, Defense-Wide'' for any 
advanced concept technology demonstration project may only be 
obligated 30 days after a report, including a description of 
the project and its estimated annual and total cost, has been 
provided in writing to the congressional defense committees: 
Provided, That the Secretary of Defense may waive this 
restriction on a case-by-case basis by certifying to the 
congressional defense committees that it is in the national 
interest to do so.
    Sec. 8101. Notwithstanding any other provision of law, for 
the purpose of establishing all Department of Defense policies 
governing the provision of care provided by and financed under 
the military health care system's case management program under 
10 U.S.C. 1079(a)(17), the term ``custodial care'' shall be 
defined as care designed essentially to assist an individual in 
meeting the activities of daily living and which does not 
require the supervision of trained medical, nursing, 
paramedical or other specially trained individuals: Provided, 
That the case management program shall provide that members and 
retired members of the military services, and their dependents 
and survivors, have access to all medically necessary health 
care through the health care delivery system of the military 
services regardless of the health care status of the person 
seeking the health care: Provided further, That the case 
management program shall be the primary obligor for payment of 
medically necessary services and shall not be considered as 
secondarily liable to title XIX of the Social Security Act, 
other welfare programs or charity based care.
    Sec. 8102. Notwithstanding any other provision in this Act, 
the total amount appropriated in this Act is hereby reduced by 
$262,000,000, to reduce cost growth in travel, to be 
distributed as follows:
            ``Operation and Maintenance, Army'', $21,000,000;
            ``Operation and Maintenance, Navy'', $14,000,000;
            ``Operation and Maintenance, Marine Corps'', 
        $4,000,000;
            ``Operation and Maintenance, Air Force'', 
        $180,000,000;
            ``Operation and Maintenance, Defense-wide'', 
        $20,000,000;
            ``Operation and Maintenance, Army Reserve'', 
        $4,000,000;
            ``Operation and Maintenance, Navy Reserve'', 
        2,000,000;
            ``Operation and Maintenance, Air Force Reserve'', 
        $5,000,000;
            ``Operation and Maintenance, Army National Guard'', 
        $6,000,000; and
            ``Operation and Maintenance, Air National Guard'', 
        $6,000,000.
    Sec. 8103. During the current fiscal year, refunds 
attributable to the use of the Government travel card, refunds 
attributable to the use of the Government Purchase Card and 
refunds attributable to official Government travel arranged by 
Government Contracted Travel Management Centers may be credited 
to operation and maintenance accounts of the Department of 
Defense which are current when the refunds are received.
    Sec. 8104. (a) Registering Financial Management Information 
Technology Systems With DOD Chief Information Officer.--None of 
the funds appropriated in this Act may be used for a mission 
critical or mission essential financial management information 
technology system (including a system funded by the defense 
working capital fund) that is not registered with the Chief 
Information Officer of the Department of Defense. A system 
shall be considered to be registered with that officer upon the 
furnishing to that officer of notice of the system, together 
with such information concerning the system as the Secretary of 
Defense may prescribe. A financial management information 
technology system shall be considered a mission critical or 
mission essential information technology system as defined by 
the Under Secretary of Defense (Comptroller).
    (b) Certifications as to Compliance With Financial 
Management Modernization Plan.--(1) During the current fiscal 
year, a financial management major automated information system 
may not receive Milestone I approval, Milestone II approval, or 
Milestone III approval, or their equivalent, within the 
Department of Defense until the Under Secretary of Defense 
(Comptroller) certifies, with respect to that milestone, that 
the system is being developed in accordance with the 
Department's Financial Management Modernization Plan. The Under 
Secretary of Defense (Comptroller) may require additional 
certifications, as appropriate, with respect to any such 
system.
    (2) The Chief Information Officer shall provide the 
congressional defense committees timely notification of 
certifications under paragraph (1).
    (c) Definitions.--For purposes of this section:
            (1) The term ``Chief Information Officer'' means 
        the senior official of the Department of Defense 
        designated by the Secretary of Defense pursuant to 
        section 3506 of title 44, United States Code.
            (2) The term ``information technology system'' has 
        the meaning given the term ``information technology'' 
        in section 5002 of the Clinger-Cohen Act of 1996 (40 
        U.S.C. 1401).
            (3) The term ``major automated information system'' 
        has the meaning given that term in Department of 
        Defense Directive 5000.1.
    Sec. 8105. During the current fiscal year, none of the 
funds available to the Department of Defense may be used to 
provide support to another department or agency of the United 
States if such department or agency is more than 90 days in 
arrears in making payment to the Department of Defense for 
goods or services previously provided to such department or 
agency on a reimbursable basis: Provided, That this restriction 
shall not apply if the department is authorized by law to 
provide support to such department or agency on a 
nonreimbursable basis, and is providing the requested support 
pursuant to such authority: Provided further, That the 
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on 
Appropriations of the House of Representatives and the Senate 
that it is in the national security interest to do so.
    Sec. 8106. None of the funds provided in this Act may be 
used to transfer to any nongovernmental entity ammunition held 
by the Department of Defense that has a center-fire cartridge 
and a United States military nomenclature designation of 
``armor penetrator'', ``armor piercing (AP)'', ``armor piercing 
incendiary (API)'', or ``armor-piercing incendiary-tracer (API-
T)'', except to an entity performing demilitarization services 
for the Department of Defense under a contract that requires 
the entity to demonstrate to the satisfaction of the Department 
of Defense that armor piercing projectiles are either: (1) 
rendered incapable of reuse by the demilitarization process; or 
(2) used to manufacture ammunition pursuant to a contract with 
the Department of Defense or the manufacture of ammunition for 
export pursuant to a License for Permanent Export of 
Unclassified Military Articles issued by the Department of 
State.
    Sec. 8107. Notwithstanding any other provision of law, the 
Chief of the National Guard Bureau, or his designee, may waive 
payment of all or part of the consideration that otherwise 
would be required under 10 U.S.C. 2667, in the case of a lease 
of personal property for a period not in excess of 1 year to 
any organization specified in 32 U.S.C. 508(d), or any other 
youth, social, or fraternal non-profit organization as may be 
approved by the Chief of the National Guard Bureau, or his 
designee, on a case-by-case basis.
    Sec. 8108. None of the funds appropriated by this Act shall 
be used for the support of any nonappropriated funds activity 
of the Department of Defense that procures malt beverages and 
wine with nonappropriated funds for resale (including such 
alcoholic beverages sold by the drink) on a military 
installation located in the United States unless such malt 
beverages and wine are procured within that State, or in the 
case of the District of Columbia, within the District of 
Columbia, in which the military installation is located: 
Provided, That in a case in which the military installation is 
located in more than one State, purchases may be made in any 
State in which the installation is located: Provided further, 
That such local procurement requirements for malt beverages and 
wine shall apply to all alcoholic beverages only for military 
installations in States which are not contiguous with another 
State: Provided further, That alcoholic beverages other than 
wine and malt beverages, in contiguous States and the District 
of Columbia shall be procured from the most competitive source, 
price and other factors considered.
    Sec. 8109. During the current fiscal year, under 
regulations prescribed by the Secretary of Defense, the Center 
of Excellence for Disaster Management and Humanitarian 
Assistance may also pay, or authorize payment for, the expenses 
of providing or facilitating education and training for 
appropriate military and civilian personnel of foreign 
countries in disaster management, peace operations, and 
humanitarian assistance.
    Sec. 8110. (a) The Department of Defense is authorized to 
enter into agreements with the Veterans Administration and 
federally-funded 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 areeligible for the health care services provided 
by the Indian Health Service.
    (b) The Department of Defense is authorized to develop a 
consultation policy, consistent with Executive Order No. 13084 
(issued May 14, 1998), with Native Hawaiians for the purpose of 
assuring maximum Native Hawaiian participation in the direction 
and administration of governmental services so as to render 
those services more responsive to the needs of the Native 
Hawaiian community.
    (c) For purposes of this section, the term ``Native 
Hawaiian'' means any individual who is a descendant of the 
aboriginal people who, prior to 1778, occupied and exercised 
sovereignty in the area that now comprises the State of Hawaii.
    Sec. 8111. In addition to the amounts provided elsewhere in 
this Act, the amount of $8,500,000 is hereby appropriated for 
``Operation and Maintenance, Defense-Wide'', to be available, 
notwithstanding any other provision of law, only for a grant to 
the United Service Organizations Incorporated, a federally 
chartered corporation under chapter 2201 of title 36, United 
States Code. The grant provided under authority of this section 
is in addition to any grant provided for under any other 
provision of law.
    Sec. 8112. Of the amounts appropriated in this Act under 
the heading ``Research, Development, Test and Evaluation, 
Defense-Wide'', $131,700,000 shall be made available for the 
Arrow missile defense program: Provided, That of this amount, 
$97,700,000 shall be made available for the purpose of 
continuing the Arrow System Improvement Program (ASIP), 
continuing ballistic missile defense interoperability with 
Israel, and establishing an Arrow production capability in the 
United States: Provided further, That the remainder, 
$34,000,000, shall be available for the purpose of adjusting 
the cost-share of the parties under the Agreement between the 
Department of Defense and the Ministry of Defense of Israel for 
the Arrow Deployability Program.
    Sec. 8113. Funds available to the Department of Defense for 
the Global Positioning System during the current fiscal year 
may be used to fund civil requirements associated with the 
satellite and ground control segments of such system's 
modernization program.


                     (including transfer of funds)


    Sec. 8114. Of the amounts appropriated in this Act under 
the heading, ``Operation and Maintenance, Defense-Wide'', 
$115,000,000 shall remain available until expended: Provided, 
That notwithstanding any other provision of law, the Secretary 
of Defense is authorized totransfer such funds to other 
activities of the Federal Government.
    Sec. 8115. None of the funds appropriated in this Act under 
the heading ``Overseas Contingency Operations Transfer Fund'' 
may be transferred or obligated for Department of Defense 
expenses not directly related to the conduct of overseas 
contingencies: Provided, That the Secretary of Defense shall 
submit a report no later than 30 days after the end of each 
fiscal quarter to the Committees on Appropriations of the 
Senate and House of Representatives that details any transfer 
of funds from the ``Overseas Contingency Operations Transfer 
Fund'': Provided further, That the report shall explain any 
transfer for the maintenance of real property, pay of civilian 
personnel, base operations support, and weapon, vehicle or 
equipment maintenance.
    Sec. 8116. In addition to amounts appropriated elsewhere in 
this Act, $4,500,000 is hereby appropriated to the Department 
of Defense: Provided, That the Secretary of the Army shall make 
a grant in the amount of $4,500,000 to the Fort Des Moines 
Memorial Park and Education Center.
    Sec. 8117. In addition to amounts appropriated elsewhere in 
this Act, $4,250,000 is hereby appropriated to the Department 
of Defense: Provided, That the Secretary of Defense shall make 
a grant in the amount of $4,250,000 to the National D-Day 
Museum.
    Sec. 8118. Section 8106 of the Department of Defense 
Appropriations Act, 1997 (titles I through VIII of the matter 
under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-
111; 10 U.S.C. 113 note) shall continue in effect to apply to 
disbursements that are made by the Department of Defense in 
fiscal year 2002.
    Sec. 8119. In addition to amounts provided in this Act, 
$1,700,000 is hereby appropriated for ``Defense Health 
Program'', to remain available for obligation until expended: 
Provided, That notwithstanding any other provision of law, 
these funds shall be available only for a grant to the Fisher 
House Foundation, Inc., only for the construction and 
furnishing of additional Fisher Houses to meet the needs of 
military family members when confronted with the illness or 
hospitalization of an eligible military beneficiary.
    Sec. 8120. (a) Section 8162 of the Department of Defense 
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-
79) is amended--
            (1) by redesignating subsection (m) as subsection 
        (o); and
            (2) by adding after subsection (l) the following:
    ``(m) Authority To Establish Memorial.--
            ``(1) In general.--The Commission may establish a 
        permanent memorial to Dwight D. Eisenhower on land 
        under the jurisdiction of the Secretary of the Interior 
        in the District of Columbia or its environs.
            ``(2) Compliance with standards for commemorative 
        works.--The establishment of the memorial shall be in 
        accordance with the Commemorative Works Act (40 U.S.C. 
        1001 et seq.).''.
    (b) Section 8162 of the Department of Defense 
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-
79) is amended--
            (1) in subsection (j)(2), by striking ``accept 
        gifts'' and inserting ``solicit and accept 
        contributions''; and
            (2) by inserting after subsection (m) (as added by 
        subsection (a)(2)) the following:
    ``(n) Memorial Fund.--
            ``(1) Establishment.--There is created in the 
        Treasury a fund for the memorial to Dwight D. 
        Eisenhower that includes amounts contributed under 
        subsection (j)(2).
            ``(2) Use of fund.--The fund shall be used for the 
        expenses of establishing the memorial.
            ``(3) Interest.--The Secretary of the Treasury 
        shall credit to the fund the interest on obligations 
        held in the fund.''.
    (c) In addition to the amounts appropriated or otherwise 
made available elsewhere in this Act for the Department of 
Defense, $2,600,000, to remain available until expended is 
hereby appropriated to the Department of Defense: Provided, 
That the Secretary of Defense shall make a grant in the amount 
of $2,600,000 to the Dwight D. Eisenhower Memorial Commission 
for direct administrative support.


                     (including transfer of funds)


    Sec. 8121. In addition to the amounts appropriated 
elsewhere in this Act, $1,700,000, to remain available until 
expended, is hereby appropriated to the Department of Defense: 
Provided, That not later than 30 days after the enactment of 
this Act, the Secretary of Defense shall transfer these funds 
to the Department of Energy appropriation account ``Fossil 
Energy Research and Development'', only for a proposed 
conceptual design study to examine the feasibility of a zero 
emissions, steam injection process with possible applications 
for increased power generation efficiency, enhanced oil 
recovery and carbon sequestration.
    Sec. 8122. In addition to amounts appropriated elsewhere in 
this Act, $8,000,000 shall be available only for the settlement 
of subcontractor claims for payment associated with the Air 
Force contract F19628-97-C-0105, Clear Radar Upgrade, at Clear 
AFS, Alaska: Provided, That all affected subcontractors shall 
mutually resolve the amounts claimed for payment by cooperative 
negotiation, third-party mediation or other form of alternative 
dispute resolution and shall present such claims to the 
Secretary of the Air Force: Provided further, That the 
Secretary of the Air Force shall evaluate claims as may be 
submitted by subcontractors, engaged under the contract, and, 
notwithstanding any other provision of law shall pay such 
amounts from the funds provided in this paragraph which the 
Secretary deems appropriate to settle completely any claims 
which the Secretary determines to have merit, with no right of 
appeal in any forum: Provided further, That subcontractors are 
to be paid interest, calculated in accordance with the Contract 
Disputes Act of 1978, 41 U.S.C. Sections 601-613, on any claims 
which the Secretary determines to have merit: Provided further, 
That the Secretary of the Air Force may delegate evaluation and 
payment as above to the U.S. Army Corps of Engineers, Alaska 
District on a reimbursable basis.
    Sec. 8123. Notwithstanding any other provision of this Act, 
the total amount appropriated in this Act is hereby reduced by 
$1,650,000,000, to reflect savings to be achieved from business 
process reforms, management efficiencies, and procurement of 
administrative and management support: Provided, That none of 
the funds provided in this Act may be used for consulting and 
advisory services for legislative affairs and legislative 
liaison functions.
    Sec. 8124. Funds appropriated for Operation and Maintenance 
in title II of this Act may be used to complete certain 
projects for which funds have been provided from--
            (1) amounts appropriated for ``Operation and 
        Maintenance, Navy'' in section 110 of the Emergency 
        Supplemental Act, 2000 (division B of Public Law 106-
        246; 114 Stat. 530); or
            (2) amounts appropriated for ``Operation and 
        Maintenance, Navy'' in section 9001(a)(2)(i) of the 
        Department of Defense Appropriations Act, 2001 (Public 
        Law 106-259; 114 Stat. 709).
    Sec. 8125. In addition to amounts provided elsewhere in 
this Act, $17,900,000 is hereby appropriated for the Secretary 
of Defense, to remain available until expended, to establish a 
Regional Defense Counter-terrorism Fellowship Program: 
Provided, That funding provided herein may be used by the 
Secretary to fund foreign military officers to attend U.S. 
military educational institutions and selected regional centers 
for non-lethal training: Provided further, That United States 
Regional Commanders in Chief will be the nominative authority 
for candidates and schools for attendance with joint staff 
review and approval by the Secretary of Defense: Provided 
further, That the Secretary of Defense shall establish rules to 
govern the administration of this program.
    Sec. 8126. Notwithstanding any other provision of law, from 
funds appropriated in this or any other Act under the heading, 
``Aircraft Procurement, Air Force'', that remain available for 
obligation, not to exceed $26,700,000 shall be available for 
recording, adjusting, and liquidating obligations for the C-17 
aircraft properly chargeable to the fiscal year 1998 and 1999 
``Aircraft Procurement, Air Force'' account: Provided, That the 
Secretary of the Air Force shall notify the congressional 
defense committees 30 days prior to obligation of all of the 
specific sources of funds to be used for such purpose.
    Sec. 8127. Notwithstanding any other provision of law, from 
funds appropriated in this or any other Act under the heading, 
``Missile Procurement, Air Force'', that remain available for 
obligation, not to exceed $50,000,000 shall be available for 
recording, adjusting, and liquidating obligations properly 
chargeable to fiscal year 1997 and 1998 ``Missile Procurement, 
Air Force'' accounts: Provided, That the Secretary of the Air 
Force shall notify the congressional defense committees 30 days 
prior to obligation of all of the specific sources of funds to 
be used for such purpose.
    Sec. 8128. Notwithstanding any provisions of the Southern 
Nevada Public Land Management Act of 1998, Public Law 105-263, 
or the land use planning provision of Section 202 of the 
Federal Land Policy and Management Act of 1976, Public Law 94-
579, or of any other law to the contrary, the Secretary of the 
Interior may acquire non-federal lands adjacent to Nellis Air 
Force Base, through a land exchange in Nevada, to ensure the 
continued safe operation of live ordnance departure areas at 
Nellis Air Force Base, Las Vegas, Nevada. The Secretary of the 
Air Force shall identify up to 220 acres of non-federal lands 
needed to ensure the continued safe operation of the live 
ordnance departure areas at Nellis Air Force Base. Any such 
identified property acquired by exchange by the Secretary of 
the Interior shall be transferred by the Secretary of the 
Interior to the jurisdiction, custody, and control of the 
Secretary of the Air Force to be managed as a part of Nellis 
Air Force Base. To the extent the Secretary of the Interior is 
unable to acquire non-federal lands by exchange, the Secretary 
of the Air Force is authorized to purchase those lands at fair 
market value subject to available appropriations.


                     (including transfer of funds)


    Sec. 8129. Of the amounts appropriated in this Act under 
the heading, ``Shipbuilding and Conversion, Navy'', 
$729,248,000 shall be available until September 30, 2002, to 
fund prior year shipbuilding cost increases: Provided, That 
upon enactment of this Act, the Secretary of the Navy shall 
transfer such funds to the following appropriations in the 
amounts specified: Provided further, That the amounts 
transferred shall be merged with and be available for the same 
purposes as the appropriations to which transferred:
            To:
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 1995/2002'':
                            Carrier Replacement Program, 
                        $169,364,000;
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 1996/2002'':
                            LPD-17 Amphibious Transport Dock 
                        Ship Program, $172,989,000;
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 1997/2002'':
                            DDG-51 Destroyer Program, 
                        $35,200,000;
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 1998/2002'':
                            NSSN Program, $166,561,000;
                            DDG-51 Destroyer Program, 
                        $108,457,000;
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 1999/2002'':
                            NSSN Program, $60,429,000.
                    Under the heading, ``Shipbuilding and 
                Conversion, Navy, 2001/2005'':
                            Submarine Refuelings, $16,248,000.


                          (transfer of funds)


    Sec. 8130. Upon enactment of this Act, the Secretary of the 
Navy shall make the following transfers of funds: Provided, 
That the amounts transferred shall be available for the same 
purpose as the appropriations to which transferred, and for the 
same time period as the appropriation from which transferred: 
Provided further, That the amounts shall be transferred between 
the following appropriations in the amount specified:
    From:
            Under the heading, ``Shipbuilding and Conversion, 
        Navy, 1990/2002'':
                    TRIDENT ballistic missile submarine 
                program, $78,000;
                    SSN-21 attack submarine program, $66,000;
                    DDG-51 destroyer program, $6,100,000;
                    ENTERPRISE refueling/modernization program, 
                $964,000;
                    LSD-41 dock landing ship cargo variant ship 
                program, $237,000;
                    MCM mine countermeasures program, $118,000;
                    Oceanographic ship program, $2,317,000;
                    AOE combat support ship program, $164,000;
                    AO conversion program, $56,000;
                    Coast Guard icebreaker ship program, 
                $863,000;
                    Craft, outfitting, post delivery, and ship 
                special support equipment, $529,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, 
        Navy, 1998/2002'': DDG-51 destroyer program, 
        $11,492,000;
    From:
            Under the heading, ``Shipbuilding and Conversion, 
        Navy, 1993/2002'':
                    DDG-51 destroyer program, $3,986,000;
                    LHD-1 amphibious assault ship program, 
                $85,000;
                    LSD-41 dock landing ship cargo variant 
                program, $428,000;
                    AOE combat support ship program, $516,000;
                    Craft, outfitting, post delivery, and first 
                destination transportation, and inflation 
                adjustments, $1,034,000;
    To:
            Under the heading, ``Shipbuilding and Conversion, 
        Navy, 1998/2002'': DDG-51 destroyer program, 
        $6,049,000.


                     (including transfer of funds)


    Sec. 8131. Of the funds appropriated by this Act under the 
heading, ``Operation and Maintenance, Navy'', $56,000,000 shall 
remain available until expended, only for costs associated with 
the stabilization, return, refitting, necessary force 
protection upgrades, and repair of the U.S.S. COLE: Provided, 
That the Secretary of Defense may transfer these funds to 
appropriations accounts for procurement and that the funds 
transferred shall be merged with and shall be available for the 
same purposes and for the same time period as the appropriation 
to which transferred: Provided further, That the transfer 
authority provided in this section is in addition to any other 
transfer authority available to the Department of Defense.
    Sec. 8132. (a) The Secretary of Defense shall convey to 
Gwitchyaa Zhee Corporation the lands withdrawn by Public Land 
Order No. 1996, Lot 1 of United States Survey 7008, Public Land 
Order No. 1396, a portion of Lot 3 of United States Survey 
7161, lands reserved pursuant to the instructions set forth at 
page 513 of volume 44 of the Interior Land Decisions issued 
January 13, 1916, Lot 13 of United States Survey 7161, Lot 1 of 
United States Survey 7008 described in Public Land Order No. 
1996, and Lot 13 of the United States Survey 7161 reserved 
pursuant to the instructions set forth at page 513 of volume 44 
of the Interior Land Decisions issued January 13, 1916.
    (b) Following site restoration and survey by the Department 
of the Air Force that portion of Lot 3 of United States Survey 
7161 withdrawn by Public Land Order No. 1396 and no longer 
needed by the Air Force shall be conveyed to Gwitchyaa Zhee 
Corporation.
    Sec. 8133. The Secretary of the Navy may settle, or 
compromise, and pay any and all admiralty claims under 10 
U.S.C. 7622 arising out of the collision involving the U.S.S. 
GREENEVILLE and the EHIME MARU, in any amount and without 
regard to the monetary limitations in subsections (a) and (b) 
of that section: Provided, That such payments shall be made 
from funds available to the Department of the Navy for 
operation and maintenance.
    Sec. 8134. Notwithstanding section 229(a) of the Social 
Security Act, no wages shall be deemed to have been paid to any 
individual pursuant to that section in any calendar year after 
2001.
    Sec. 8135. The total amount appropriated in this Act is 
hereby reduced by $105,000,000 to reflect fact-of-life changes 
in utilities costs, to be derived as follows:
            ``Operation and Maintenance, Army'', $34,700,000;
            ``Operation and Maintenance, Navy'', $8,800,000;
            ``Operation and Maintenance, Marine Corps'', 
        $7,200,000;
            ``Operation and Maintenance, Air Force'', 
        $28,800,000;
            ``Operation and Maintenance, Defense-Wide'', 
        $4,500,000;
            ``Operation and Maintenance, Army Reserve'', 
        $2,700,000;
            ``Operation and Maintenance, Army National Guard'', 
        $2,700,000;
            ``Operation and Maintenance, Air National Guard'', 
        $3,400,000;
            ``Defense Working Capital Funds'', $7,100,000; and
            ``Defense Health Program'', $5,100,000.
    Sec. 8136. (a) Of the total amount appropriated for 
``Operation and Maintenance, Air Force'', $2,100,000, to remain 
available until expended, shall be available to the Secretary 
of the Air Force only for the purpose of making a grant in the 
amount of $2,100,000 to the Lafayette Escadrille Memorial 
Foundation, Inc., to be used to perform the repair, 
restoration, and preservation of the structure, plaza, and 
surrounding grounds of the Lafayette Escadrille Memorial in 
Marnes la-Coguette, France.
    (b) The Secretary shall require as a condition of the 
grant--
            (1) that the funds provided through the grant be 
        used only for costs associated with such repair, 
        restoration, and preservation; and
            (2) that none of those funds may be used for 
        remuneration of any entity or individual associated 
        with fund raising for the project to carry out such 
        repair, restoration, and preservation.
    Sec. 8137. (a) Designation of National Memorial.--The five-
foot-tall white cross first erected by the Veterans of Foreign 
Wars of the United States in 1934 along Cima Road in San 
Bernardino County, California, and now located within the 
boundary of the Mojave National Preserve, as well as a limited 
amount of adjoining Preserve property to be designated by the 
Secretary of the Interior, is hereby designated as a national 
memorial commemorating United States participation in World War 
I and honoring the American veterans of that war.
    (b) Legal Description.--The memorial cross referred to in 
subsection (a) is located at latitude 35.316 North and 
longitude 115.548 West. The exact acreage and legal description 
of the property to be included by the Secretary of the Interior 
in the national World War I memorial shall be determined by a 
survey prepared by the Secretary.
    (c) Reinstallation of Memorial Plaque.--The Secretary of 
the Interior shall use not more than $10,000 of funds available 
for the administration of the Mojave National Preserve to 
acquire a replica of the original memorial plaque and cross 
placed at the national World War I memorial designated by 
subsection (a) and to install the plaque in a suitable location 
on the grounds of the memorial.
    Sec. 8138. In addition to the amounts provided elsewhere in 
this Act, the amount of $4,200,000 is hereby appropriated to 
the Department of Defense for ``Operation and Maintenance, 
Navy''. Such amount shall be used by the Secretary of the Navy 
only to make a grant in the amount of $4,200,000 to the U.S.S. 
Alabama Battleship Foundation, a nonprofit organization 
established under the laws of the State of Alabama, to be 
available only for the preservation of the former U.S.S. 
ALABAMA (ex BB-60) as a museum and memorial.
    Sec. 8139. In addition to the amounts provided elsewhere in 
this Act, the amount of $4,250,000 is hereby appropriated to 
the Department of Defense for ``Operation and Maintenance, 
Navy''. Such amount shall be used by the Secretary of the Navy 
only to make a grant in the amount of $4,250,000 to the 
Intrepid Sea-Air-Space Foundation only for the preservation of 
the former U.S.S. INTREPID (CV 11) as a museum and memorial.
    Sec. 8140. In addition to the amounts provided elsewhere in 
this Act, the amount of $6,000,000 is hereby appropriated to 
the Department of Defense for ``Operation and Maintenance, Air 
Force''. Such amount shall be used by the Secretary of the Air 
Force only to make a grant in the amount of $6,000,000 to the 
Medical Lake School District, Washington State school district 
number 326, for relocation of the Fairchild Air Force Base 
Elementary School within the boundary of Fairchild Air Force 
Base, Washington.
    Sec. 8141. In addition to the amounts provided elsewhere in 
this Act, the amount of $3,500,000 is hereby appropriated to 
the Department of Defense for ``Operation and Maintenance, 
Navy''. Such amount shall be used by the Secretary of the Navy 
only to make a grant in the amount of $3,500,000 to the Central 
Kitsap School District, Washington State school district number 
401, for the purchase and installation of equipment for a 
special needs learning center to meet the needs of Department 
of Defense special needs students at Submarine Base Bangor, 
Washington.
    Sec. 8142. (a) In addition to amounts provided elsewhere in 
this Act, the amount of $8,500,000 is hereby appropriated for 
``Operation and Maintenance, Defense-Wide'', to be available to 
the Secretary of Defense only for the purpose of making a grant 
for the purpose specified in section 8156 of the Department of 
Defense Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 
707), as amended by subsection (b). Such grant shall be made 
not later than 90 days after the date of the enactment of this 
Act.
    (b) Section 8156 of the Department of Defense 
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 707), 
is amended by striking the comma after ``California'' the first 
place it appears and all that follows through ``96-8867)''.
    Sec. 8143. (a) Activities Under Formerly Utilized Sites 
Remedial Action Program.--Subject to subsections (b) through 
(e) of section 611 of Public Law 106-60 (113 Stat. 502; 10 
U.S.C. 2701 note), the Secretary of the Army, acting through 
the Chief of Engineers, under the Formerly Utilized Sites 
Remedial Action Program shall undertake the functions and 
activities specified in subsection (a) of such section in order 
to--
            (1) clean up radioactive contamination at the 
        Shpack Landfill site located in Norton and Attleboro, 
        Massachusetts; and
            (2) clean up radioactive waste at the Shallow Land 
        Disposal Area located in Parks Township, Armstrong 
        County, Pennsylvania, consistent with the Memorandum of 
        Understanding Between the United States Nuclear 
        Regulatory Commission and the United States Army Corps 
        of Engineers for Coordination on Cleanup and 
        Decommissioning of the Formerly Utilized Sites Remedial 
        Action Program (FUSRAP) Sites with NRC-Licensed 
        Facilities, dated July 5, 2001.
    (b) Special Rules Regarding Shallow Land Disposal Area.--
The Secretary of the Army shall seek to recover response costs 
incurred by the Army Corps of Engineers for cleanup of the 
Shallow Land Disposal Area from appropriate responsible parties 
in accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
seq.). The Secretary of the Army and the Corps of Engineers 
shall not, by virtue of this cleanup, become liable for the 
actions or omissions of past, current, or future licensees, 
owners, or operators of the Shallow Land Disposal Area.
    (c) Funding Sources.--Amounts appropriated to the Army 
Corps of Engineers for fiscal year 2001 and subsequent fiscal 
years and available for the Formerly Utilized Sites Remedial 
Action Program shall be available to carry out this section.
    Sec. 8144. In addition to amounts otherwise appropriated or 
made available by this Act, $3,000,000 is appropriated to the 
Secretary of the Air Force and shall be used by the Secretary 
to reestablish the Tethered Aerostat Radar System at Morgan 
City, Louisiana, previously used by the Air Force in maritime, 
air, and land counter-drug detection and monitoring. Of the 
amounts appropriated or otherwise made available for operation 
and maintenance for the Air Force, the Secretary shall use 
$3,000,000 to operate such Tethered Aerostat Radar System upon 
its reestablishment.
    Sec. 8145. The $100,000 limitation established by section 
8046 in Public Law 106-79 and section 8043 of Public Law 106-
259, shall not apply to amounts appropriated in that Act under 
the heading ``Operation and Maintenance, Defense-Wide'' for 
expenses related to certain classified activities associated 
with foreign material.
    Sec. 8146. The total amount appropriated in this Act for 
Operation and Maintenance is hereby reduced by $100,000,000, to 
reflect savings attributable to improved supervision in 
determining appropriate purchases to be made using the 
Government purchase card, to be derived as follows:
            ``Operation and Maintenance, Army'', $37,000,000;
            ``Operation and Maintenance, Navy'', $29,000,000;
            ``Operation and Maintenance, Marine Corps'', 
        $3,000,000;
            ``Operation and Maintenance, Air Force'', 
        $24,000,000; and
            ``Operation and Maintenance, Defense-Wide'', 
        $7,000,000.
    Sec. 8147. The Secretary of Defense and the Secretary of 
Veterans Affairs shall jointly conduct a comprehensive 
assessment that identifies and evaluates changes to Department 
of Defense and Department of Veterans Affairs health care 
delivery policies, methods, practices, and procedures in order 
to provide improved health care services at reduced costs to 
the taxpayer. This assessment shall include a detailed 
independent review, based on a statement of work authored by 
the Secretaries of both departments, of options to collocate or 
share facilities and care providers in areas where duplication 
and excess capacity may exist, optimize economies of scale 
through joint procurement of supplies and services, institute 
cooperative service agreements, and partially or fully 
integrate DOD and VA systems providing telehealth services, 
computerized patient records, provider credentialing, surgical 
quality assessment, rehabilitation services, administrative 
services, and centers of excellence for specialized health care 
services. The Secretaries shall jointly transmit a report to 
Congress by no later than March 1, 2002, explaining the 
findings and conclusions of this assessment, including detailed 
estimates of the costs, cost savings, and service benefits of 
each recommendation, and making legislative and administrative 
recommendations to implement the results of this effort: 
Provided, That of the funds provided under the heading 
``Defense Health Program'' $2,500,000 shall be made available 
only for the purpose of conducting the assessment described in 
this section.
    Sec. 8148. (a) Notwithstanding any other provision of law, 
operation and maintenance funds provided in this Act may be 
used for the purchase of ultralightweight camouflage net 
systems as unit spares in order to modernize the current 
inventory of camouflage screens to state-of-the-art protection 
standards more quickly than would otherwise be the case.
    (b) The authority provided by subsection (a) may not be 
used until the Secretary of the Army submits to the 
congressional defense committees a report certifying that, 
compared to the current system that can be purchased with Army 
Operation and Maintenance funds, the ultralightweight 
camouflage net system--
            (1) is technically superior against multi-spectral 
        threat sensors;
            (2) is less costly per unit; and
            (3) provides improved overall force protection.
    Sec. 8149. Army Acquisition Management. (a) Funding 
Reduction.--The amount appropriated in this Act for ``Operation 
and Maintenance, Army'' is hereby reduced by $5,000,000 to 
reflect efficiencies in Army acquisition management practices.
    (b) Report to Congress on Army Reorganization.--The 
Secretary of the Army shall submit a report to the 
congressional defense committees no later than April 15, 2002 
providing a detailed explanation of the final plans for 
realigning Army requirements generation, acquisition, resource 
management, and Departmental headquarters functions and 
systems. Such report shall include an independent assessment of 
the Army plan by the Center for Naval Analyses. Such report 
shall also include an analysis of the annual budget and 
personnel savings derived from this reorganization plan by 
major function compared to the fiscal year 2001 baseline for 
fiscal years 2002 through 2008.
    Sec. 8150. (a) Non-Profit Army Venture Capital 
Corporation.--Of the funds made available for ``Research, 
Development, Test and Evaluation, Army'', $25,000,000 shall be 
available to the Secretary of the Army only for the purpose of 
funding a venture capital investment corporation established 
pursuant to section 2371 of title 10 United States Code, to be 
derived as specified in subsection (b).
    (b) Funding.--The amount specified in subsection (a) shall 
be derived by reducing, on a pro rata basis, amounts made 
available to the Army for basic research and applied research, 
except for amounts for research projects designated as 
congressional special interest items and amounts available to 
the Army for research, development, test, and evaluation 
relating to the Future Combat System.
    Sec. 8151. Notwithstanding any other provision of law or 
regulation, the Secretary of Defense may exercise the 
provisions of 38 U.S.C. 7403(g) for occupations listed in 38 
U.S.C. 7403(a)(2) as well as the following:
            Pharmacists, Audiologists, and Dental Hygienists.
                    (A) The requirements of 38 U.S.C. 
                7403(g)(1)(A) shall apply.
                    (B) The limitations of 38 U.S.C. 
                7403(g)(1)(B) shall not apply.
    Sec. 8152. (a) The Secretary of Defense may waive any 
requirement that the fiscal year 2001 Department of Defense 
financial statement include the accounts and associated 
activities of the Department of the Army and the Department of 
the Navy, to the extent that the Secretary determines necessary 
due to the effects of the terrorist attack on the Pentagon of 
September 11, 2001.
    (b) If any accounts and associated activities of the 
Department of the Army or the Department of the Navy are 
excluded from the fiscal year 2001 Department of Defense 
financial statement pursuant to subsection (a), the Secretary 
of Defense shall, as soon as practicable after March 1, 2002, 
prepare and submit to the Director of the Office of Management 
and Budget, a revised audited financial statement for fiscal 
year 2001 that includes all such accounts and activities.
    (c) For purposes of this section, the term ``fiscal year 
2001 Department of Defense financial statement'' means the 
audited financial statement of the Department of Defense for 
fiscal year 2001 required by section 3515 of title 31, United 
States Code, to be submitted to the Director of the Office of 
Management and Budget not later than March 1, 2002.
    Sec. 8153. Notwithstanding any other provision of this Act, 
the Secretary of the Air Force may enter into a multiyear 
contract, or extend an existing multiyear contract, for the C-
17 aircraft: Provided, That the authority to enter into such a 
contract (or contract extension) may not be exercised until a 
period of not less than 30 days has elapsed after the date of 
the submission of a report under paragraph (4) of section 
2306b(l) of title 10, United States Code: Provided further, 
That the authorities provided in this section shall not be 
available until the Secretary of Defense submits to the 
congressional defense committees a certification that the 
applicable requirements under section 2306b of title 10, United 
States Code, and section 8008 of this Act with respect to such 
a contract (or contract extension) have been met.
    Sec. 8154. Notwithstanding any other provision of law, of 
the funds appropriated in this Act under the heading 
``Operation and Maintenance, Defense-Wide'', $1,450,000, to 
remain available until expended, is provided only for payment 
of any expenses incurred after April 1, 2002 of the Commission 
on the Future of the United States Aerospace Industry pursuant 
to section 1092(e)(1) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted by Public 
Law 106-398; 114 Stat. 165A-215).
    Sec. 8155. Of the funds appropriated in this Act under the 
heading ``Operation and Maintenance, Defense-Wide'', 
$1,000,000, to remain available until expended, shall be made 
available to the Secretary of Defense, notwithstanding any 
other provision of law, only for a grant or grants to the 
Somerset County Board of Commissioners (in the Commonwealth of 
Pennsylvania), to design and construct a memorial (including 
operating and maintenance expenses for appropriate security 
measures to protect the site) at the airplane crash site in 
Somerset County, Pennsylvania honoring the brave men, women, 
and children who perished following a valiant struggle with 
terrorists aboard United Airlines Flight 93 on September 11, 
2001.
    Sec. 8156. (a) Findings.--The Congress finds that--
            (1) in times when our national security is 
        threatened by possible attacks from foreign and 
        domestic enemies, it is necessary that the United 
        States have a sufficient supply of certain products 
        that are essential for defending this Nation; and
            (2) it has been the consistent intent of Congress 
        that the Department of Defense, when purchasing items 
        to support the Armed Forces, choose items that are 
        wholly of domestic content and manufacture, especially 
        items identified as essential to our national defense.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) it is vital that the United States maintain a 
        domestic manufacturing base for certain products 
        necessary to national security, so that our Nation does 
        not become reliant on foreign sources for such products 
        and thereby vulnerable to disruptions in international 
        trade; and
            (2) in cases where such domestic manufacturing base 
        is threatened, the United States should take action to 
        preserve such manufacturing base.
    Sec. 8157. (a) Not later than February 1, 2002, the 
Secretary of Defense shall report to the congressional defense 
committees on the status of the safety and security of 
munitions shipments that use commercial trucking carriers 
within the United States.
    (b) Report Elements.--The report under subsection (a) shall 
include the following:
            (1) An assessment of the Department of Defense's 
        policies and practices for conducting background 
        investigations of current and prospective drivers of 
        munitions shipments.
            (2) A description of current requirements for 
        periodic safety and security reviews of commercial 
        trucking carriers that carry munitions.
            (3) A review of the Department of Defense's efforts 
        to establish uniform safety and security standards for 
        cargo terminals not operated by the Department that 
        store munitions shipments.
            (4) An assessment of current capabilities to 
        provide for escort security vehicles for shipments that 
        contain dangerous munitions or sensitive technology, or 
        pass through high-risk areas.
            (5) A description of current requirements for 
        depots and other defense facilities to remain open 
        outside normal operating hours to receive munitions 
        shipments.
            (6) Legislative proposals, if any, to correct 
        deficiencies identified by the Department of Defense in 
        the report under subsection (a).
    (c) Not later than six months after enactment of this Act, 
the Secretary shall report to Congress on safety and security 
procedures used for U.S. munitions shipments in European NATO 
countries, and provide recommendations on what procedures or 
technologies used in those countries should be adopted for 
shipments in the United States.
    Sec. 8158. In addition to the amounts appropriated or 
otherwise made available elsewhere in this Act for the 
Department of Defense, $15,000,000, to remain available until 
September 30, 2002 is hereby appropriated to the Department of 
Defense: Provided, That the Secretary of Defense shall make a 
grant in the amount of $15,000,000 to the Citadel for the 
Padgett Thomas Barracks in Charleston, South Carolina.
    Sec. 8159. Multi-Year Aircraft Lease Pilot Program. (a) The 
Secretary of the Air Force may, from funds provided in this Act 
or any future appropriations Act, establish and make payments 
on a multi-year pilot program for leasing general purpose 
Boeing 767 aircraft and Boeing 737 aircraft in commercial 
configuration.
    (b) Sections 2401 and 2401a of title 10, United States 
Code, shall not apply to any aircraft lease authorized by this 
section.
    (c) Under the aircraft lease Pilot Program authorized by 
this section:
            (1) The Secretary may include terms and conditions 
        in lease agreements that are customary in aircraft 
        leases by a non-Government lessor to a non-Government 
        lessee, but only those that are not inconsistent with 
        any of the terms and conditions mandated herein.
            (2) The term of any individual lease agreement into 
        which the Secretary enters under this section shall not 
        exceed 10 years, inclusive of any options to renew or 
        extend the initial lease term.
            (3) The Secretary may provide for special payments 
        in a lessor if the Secretary terminates or cancels the 
        lease prior to the expiration of its term. Such special 
        payments shall not exceed an amount equal to the value 
        of one year's lease payment under the lease.
            (4) Subchapter IV of chapter 15 of Title 31, United 
        States Code shall apply to the lease transactions under 
        this section, except that the limitation in section 
        1553(b)(2) shall not apply.
            (5) The Secretary shall lease aircraft under terms 
        and conditions consistent with this section and 
        consistent with the criteria for an operating lease as 
        defined in OMB Circular A-11, as in effect at the time 
        of the lease.
            (6) Lease arrangements authorized by this section 
        may not commence until:
                    (A) The Secretary submits a report to the 
                congressional defense committees outlining the 
                plans for implementing the Pilot Program. The 
                report shall describe the terms and conditions 
                of proposed contracts and describe the expected 
                savings, if any, comparing total costs, 
                including operation, support, acquisition, and 
                financing, of the lease, including 
                modification, with the outright purchase of the 
                aircraft as modified.
                    (B) A period of not less than 30 calendar 
                days has elapsed after submitting the report.
            (7) Not later than 1 year after the date on which 
        the first aircraft is delivered under this Pilot 
        Program, and yearly thereafter on the anniversary of 
        the first delivery, the Secretary shall submit a report 
        to the congressional defense committees describing the 
        status of the Pilot Program. The Report will be based 
        on at least 6 months of experience in operating the 
        Pilot Program.
            (8) The Air Force shall accept delivery of the 
        aircraft in a general purpose configuration.
            (9) At the conclusion of the lease term, each 
        aircraft obtained under that lease may be returned to 
        the contractor in the same configuration in which the 
        aircraft was delivered.
            (10) The present value of the total payments over 
        the duration of each lease entered into under this 
        authority shall not exceed 90 percent of the fair 
        market value of the aircraft obtained under that lease.
    (d) No lease entered into under this authority shall 
provide for--
            (1) the modification of the general purpose 
        aircraft from the commercial configuration, unless and 
        until separate authority for such conversion is enacted 
        and only to the extent budget authority is provided in 
        advance in appropriations Acts for that purpose; or
            (2) the purchase of the aircraft by, or the 
        transfer of ownership to, the Air Force.
    (e) The authority granted to the Secretary of the Air Force 
by this section is separate from and in addition to, and shall 
not be construed to impair or otherwise affect, the authority 
of the Secretary to procure transportation or enter into leases 
under a provision of law other than this section.
    (f) The authority provided under this section may be used 
to lease not more than a total of one hundred Boeing 767 
aircraft and four Boeing 737 aircraft for the purposes 
specified herein.
    Sec. 8160. From within amounts made available in the Title 
II of this Act, under the heading ``Operation and Maintenance, 
Army National Guard'', and notwithstanding any other provision 
of law, $2,200,000 shall be available only for repairs and 
safety improvements to the segment of Camp McCain Road which 
extends from Highway 8 south toward the boundary of Camp 
McCain, Mississippi and originating intersection of Camp McCain 
Road; and for repairs and safety improvements to the segment of 
Greensboro Road which connects the Administration Offices of 
Camp McCain to the Troutt Rifle Range: Provided, That these 
funds shall remain available until expended: Provided further, 
That the authorized scope of work includes, but is not limited 
to, environmental documentation and mitigation, engineering and 
design, improving safety, resurfacing, widening lanes, 
enhancing shoulders, and replacing signs and pavement markings.
    Sec. 8161. From funds made available under Title II of this 
Act, the Secretary of the Army may make available a grant of 
$2,100,000 to the Chicago Park District for renovation of the 
Broadway Armory, a former National Guard facility in the 
Edgewater community in Chicago.
    Sec. 8162. Sense of Congress Concerning the Military 
Industrial Base. (a) In General.--It is the sense of the 
Congress that the military aircraft industrial base of the 
United States be preserved. In order to ensure this we must 
retain--
            (1) adequate competition in the design, 
        engineering, production, sale and support of military 
        aircraft;
            (2) continued innovation in the development and 
        manufacture of military aircraft;
            (3) actual and future capability of more than one 
        aircraft company to design, engineer, produce and 
        support military aircraft.
    (b) Study of Impact on the Industrial Base.--In order to 
determine the current and future adequacy of the military 
aircraft industrial base a study shall be conducted. Of the 
funds made available under the heading ``Procurement, Defense-
Wide'' in this Act, up to $1,500,000 may be made available for 
a comprehensive analysis of and report on the risks to 
innovation and cost of limited or no competition in contracting 
for military aircraft and related weapon systems for the 
Department of Defense, including the cost of contracting where 
there is no more than one primary manufacturer with the 
capacity to bid for and build military aircraft and related 
weapon systems, the impact of any limited competition in 
primary contracting on innovation in the design, development, 
and construction of military aircraft and related weapon 
systems, the impact of limited competition in primary 
contracting on the current and future capacity of manufacturers 
to design, engineer and build military aircraft and weapon 
systems. The Secretary of Defense shall report to the House and 
Senate Committees on Appropriations on the design of this 
analysis, and shall submit a report to these committees no 
later than 6 months from the date of enactment of this Act.
    Sec. 8163. In addition to the amounts appropriated or 
otherwise made available in this Act, $5,200,000, to remain 
available until September 30, 2002, is hereby appropriated to 
the Department of Defense: Provided, That the Secretary of 
Defense shall make a grant in the amount of $5,200,000 to the 
Armed Forces Retirement Homes.
    Sec. 8164. (a) Assessment Required.--Not later than March 
15, 2002, the Secretary of the Army shall submit to the 
Committees on Appropriations of the Senate and House of 
Representatives a report containing an assessment of current 
risks under, and various alternatives to, the current Army plan 
for the destruction of chemical weapons.
    (b) Elements.--The report under subsection (a) shall 
include the following:
            (1) A description and assessment of the current 
        risks in the storage of chemical weapons arising from 
        potential terrorist attacks.
            (2) A description and assessment of the current 
        risks in the storage of chemical weapons arising from 
        storage of such weapons after April 2007, the required 
        date for disposal of such weapons as stated in the 
        Chemical Weapons Convention.
            (3) A description and assessment of various options 
        for eliminating or reducing the risks described in 
        paragraphs (1) and (2).
    (c) Considerations.--In preparing the report, the Secretary 
shall take into account the plan for the disassembly and 
neutralization of the agents in chemical weapons as described 
in Army engineering studies in 1985 and 1996, the 1991 
Department of Defense Safety Contingency Plan, and the 1993 
findings of the National Academy of Sciences on disassembly and 
neutralization of chemical weapons.
    Sec. 8165. Of the amount appropriated by title II for 
operation and maintenance, Defense-wide, $47,261,000 may be 
available for the Defense Leadership and Management Program.
    Sec. 8166. Sense of the Congress Regarding Environmental 
Contamination in the Philippines. It is the sense of the 
Congress that--
            (1) the Secretary of State, in cooperation with the 
        Secretary of Defense, should continue to work with the 
        Government of the Philippines and with appropriate non-
        governmental organizations in the United States and the 
        Philippines to fully identify and share all relevant 
        information concerning environmental contamination and 
        health effects emanating from former United States 
        military facilities in the Philippines following the 
        departure of the United States military forces from the 
        Philippines in 1992;
            (2) the United States and the Government of the 
        Philippines should continue to build upon the 
        agreements outlined in the Joint Statement by the 
        United States and the Republic of the Philippines ona 
Framework for Bilateral Cooperation in the Environment and Public 
Health, signed on July 27, 2000; and
            (3) Congress should encourage an objective non-
        governmental study, which would examine environmental 
        contamination and health effects emanating from former 
        United States military facilities in the Philippines, 
        following the departure of United States military 
        forces from the Philippines in 1992.
    Sec. 8167. (a) Authority for Burial of Certain Individuals 
at Arlington National Cemetery.--The Secretary of the Army 
shall authorize the burial in a separate gravesite at Arlington 
National Cemetery, Virginia, of any individual who--
            (1) died as a direct result of the terrorist 
        attacks on the United States on September 11, 2001; and
            (2) would have been eligible for burial in 
        Arlington National Cemetery by reason of service in a 
        reserve component of the Armed Forces but for the fact 
        that such individual was less than 60 years of age at 
        the time of death.
    (b) Eligibility of Surviving Spouse.--The surviving spouse 
of an individual buried in a gravesite in Arlington National 
Cemetery under the authority provided under subsection (a) 
shall be eligible for burial in the gravesite of the individual 
to the same extent as the surviving spouse of any other 
individual buried in Arlington National Cemetery is eligible 
for burial in the gravesite of such other individual.
    Sec. 8168. In fiscal year 2002, the Department of the 
Interior National Business Center may continue to enter into 
grants, cooperative agreements, and other transactions, under 
the Defense Conversion, Reinvestment, and Transition Assistance 
Act of 1992, and other related legislation.
    Sec. 8169. Of the total amount appropriated by this 
division for ``Operation and Maintenance, Defense-Wide'', 
$3,500,000 may be available for payments under section 363 of 
the Floyd D. Spence National Defense Authorization Act for 
Fiscal Year 2001 (as enacted into law by Public Law 106-398; 
114 Stat. 1654A-77).
    Sec. 8170. Of the total amount appropriated by this 
division for ``Operation and Maintenance, Air National Guard'', 
$435,000 may be available (subject to section 2805(c) of title 
10, United States Code) for the replacement of deteriorating 
gas lines, mains, valves, and fittings at the Air National 
Guard facility at Rosecrans Memorial Airport, St. Joseph, 
Missouri, and (subject to section 2811 of title 10, United 
States Code) for the repair of the roof of the Aerial Port 
Facility at that airport.
    Sec. 8171. Not later than 180 days after the date of 
enactment of this Act, the Secretary of Defense, in cooperation 
with the Secretaries of State and Energy, shall submit a report 
to Congress describing the steps that have been taken to 
develop cooperative threat reduction programs with India and 
Pakistan. Such report shall include recommendations for changes 
in any provision of existing law that is currently an 
impediment to the full establishment of such programs, a 
timetable for implementation of such programs, and an estimated 
five-year budget that will be required to fully fund such 
programs.
    Sec. 8172. (a) Modification of General Requirements.--
Section 1078(b) of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted by Public 
Law 106-398; 114 Stat. 1654A-283) is amended--
            (1) in paragraph (1), by inserting ``, or its 
        contractors or subcontractors,'' after ``Department of 
        Defense''; and
            (2) in paragraph (3), by striking ``stored, 
        assembled, disassembled, or maintained'' and inserting 
        ``manufactured, assembled, or disassembled''.
    (b) Determination of Exposures at IAAP.--The Secretary of 
Defense shall take appropriate actions to determine the nature 
and extent of the exposure of current and former employees at 
the Army facility at the Iowa Army Ammunition Plant, including 
contractor and subcontractor employees at the facility, to 
radioactive or other hazardous substances at the facility, 
including possible pathways for the exposure of such employees 
to such substances.
    (c) Notification of Employees Regarding Exposure.--(1) The 
Secretary shall take appropriate actions to--
            (A) identify current and former employees at the 
        facility referred to in subsection (b), including 
        contractor and subcontractor employees at the facility; 
        and
            (B) notify such employees of known or possible 
        exposures to radioactive or other hazardous substances 
        at the facility.
    (2) Notice under paragraph (1)(B) shall include--
            (A) information on the discussion of exposures 
        covered by such notice with health care providers and 
        other appropriate persons who do not hold a security 
        clearance; and
            (B) if necessary, appropriate guidance on 
        contacting health care providers and officials involved 
        with cleanup of the facility who hold an appropriate 
        security clearance.
    (3) Notice under paragraph (1)(B) shall be by mail or other 
appropriate means, as determined by the Secretary.
    (d) Deadline for Actions.--The Secretary shall complete the 
actions required by subsections (b) and (c) not later than 90 
days after the date of the enactment of this Act.
    (e) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report setting forth the 
results of the actions undertaken by the Secretary under this 
section, including any determinations under subsection (b), the 
number of workers identified under subsection (c)(1)(A), the 
content of the notice to such workers under subsection 
(c)(1)(B), and the status of progress on the provision of the 
notice to such workers under subsection (c)(1)(B).
    Sec. 8173. None of the funds made available in division A 
of this Act may be used to provide support or other assistance 
to the International Criminal court or to any criminal 
investigation or other prosecutorial activity of the 
International Criminal Court.

                                TITLE IX

   Counter-Terrorism and Defense Against Weapons of Mass Destruction


                     (including transfer of funds)


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

                  Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, 
including assistance provided by contract or by grants, for 
facilitating the elimination and the safe and secure 
transportation and storage of nuclear, chemical and other 
weapons; for establishing programs to prevent the proliferation 
of weapons, weapons components, and weapon-related technology 
and expertise; for programs relating to the training and 
support of defense and military personnel for demilitarization 
and protection of weapons, weapons components and weapons 
technology and expertise, and for defense and military 
contacts, $403,000,000, to remain available until September 30, 
2004: Provided, That of the amounts provided under this 
heading, $12,750,000 shall be available only to support the 
dismantling and disposal of nuclear submarines and submarine 
reactor components in the Russian Far East.
    This division may be cited as the ``Department of Defense 
Appropriations Act, 2002''.

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

    The funds appropriated in Public Law 107-38 subject to 
subsequent enactment and previously designated as an emergency 
by the President and Congress under the Balanced Budget and 
Emergency Deficit Control Act of 1985, are transferred to the 
following chapters and accounts as follows:

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

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

                     Agricultural Research Service


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $40,000,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.


                        buildings and facilities


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

               Animal and Plant Health Inspection Service


                         salaries and expenses


                     (including transfer of funds)


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $105,000,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38, of which $50,000,000 may be transferred to and 
merged with the Agricultural Quarantine Inspection User Fee 
Account.


                        buildings and facilities


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

                   Food Safety and Inspection Service

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

                       Food and Nutrition Service


special supplemental nutrition program for women, infants, and children 
                                 (wic)


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Special 
Supplemental Nutrition Program for Women, Infants, and Children 
(WIC)'', $39,000,000, to remain available until September 30, 
2003, to be obligated from amounts made available in Public Law 
107-38: Provided, That of the amounts provided in this Act and 
any amounts available for reallocation in fiscal year 2002, the 
Secretary shall reallocate funds under section 17(g)(2) of the 
Child Nutrition Act of 1966 in the manner and under the formula 
the Secretary deems necessary to respond to the effects of 
unemployment and other conditions, and starting no later than 
March 1, 2002, such reallocation shall occur no less frequently 
than every other month throughout the fiscal year.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $151,100,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.

                           INDEPENDENT AGENCY

                  Commodity Futures Trading Commission

    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Commodity 
Futures Trading Commission'', $16,900,000, to remain available 
until expended, to be obligated from amounts made available in 
Public Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 101. Title VI of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies 
Appropriations Act, 2002 (Public Law 107-76) is amended under 
the heading ``Food and Drug Administration, Salaries and 
Expenses'' by striking ``$13,207,000'' and inserting 
``$13,357,000''.
    Sec. 102. Section 741(b) of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2002 (Public Law 107-76), is amended by 
striking ``20,000,000 pounds'' and inserting ``5,000,000 
pounds''.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration


                       usa patriot act activities


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


                   administrative review and appeals


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

                            Legal Activities


            salaries and expenses, general legal activities


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


             salaries and expenses, united states attorneys


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


         salaries and expenses, united states marshals service


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


                              construction


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for 
``Construction'', $9,125,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.

                    Federal Bureau of Investigation


                         salaries and expenses


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

                 Immigration and Naturalization Service


                         salaries and expenses


                     enforcement and border affairs


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $449,800,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.


                              construction


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

                       Office of Justice Programs


                           justice assistance


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


               state and local law enforcement assistance


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, $251,100,000 
shall be for discretionary grants, including equipment, under 
the Edward Byrne Memorial State and Local Law Enforcement 
Assistance Program, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.


                           crime victims fund


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Crime 
Victims Fund'', $68,100,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     operations and administration


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

                         Export Administration


                     operations and administration


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Operations 
and Administration'', $1,756,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.

       National Telecommunications and Information Administration


    public telecommunications facilities, planning and construction


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

               United States Patent and Trademark Office


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $1,500,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38.

             National Institute of Standards and Technology


             scientific and technical research and services


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Scientific 
and Technical Research and Services'', $5,000,000 for a cyber 
security initiative, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38.


                  construction of research facilities


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

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities


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

                        Departmental Management


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $4,776,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38.

                             THE JUDICIARY

                   Supreme Court of the United States


                    care of the building and grounds


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Care of the 
Building and Grounds'', $30,000,000, to remain available until 
expended for security enhancements, to be obligated from 
amounts made available in Public Law 107-38.

    Courts of Appeals, District Courts, and Other Judicial Services


                         salaries and expenses


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


                             court security


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

           Administrative Office of the United States Courts


                         salaries and expenses


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

                 DEPARTMENT OF STATE AND RELATED AGENCY

                             RELATED AGENCY

                    Broadcasting Board of Governors


                 international broadcasting operations


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


                   broadcasting capital improvements


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

                            RELATED AGENCIES

                Equal Employment Opportunity Commission


                         salaries and expenses


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

                   Securities and Exchange Commission


                         salaries and expenses


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

                     Small Business Administration


                     business loans program account


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


                     disaster loans program account


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

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 201. Funds appropriated by this Act for the 
Broadcasting Board of Governors and the Department of State may 
be obligated and expended notwithstanding section 313 of the 
Foreign Relations Authorization Act, Fiscal Years 1994 and 
1995, and section 15 of the State Department Basic Authorities 
Act of 1956, as amended.
    Sec. 202. For purposes of assistance available under 
section 7(b)(2) and (4) of the Small Business Act (15 U.S.C. 
636(b)(2) and (4)) to small business concerns located in 
disaster areas declared as a result of the September 11, 2001, 
terrorist attacks--
            (i) the term ``small business concern'' shall 
        include not-for-profit institutions and small business 
        concerns described in United States Industry Codes 
        522320, 522390, 523210, 523920, 523991, 524113, 524114, 
        524126, 524128, 524210, 524291, 524292, and 524298 of 
        the North American Industry Classification System (as 
        described in 13 C.F.R. 121.201, as in effect on January 
        2, 2001);
            (ii) the Administrator may apply such size 
        standards as may be promulgated under such section 
        121.201 after the date of enactment of this provision, 
        but no later than one year following the date of 
        enactment of this Act; and
            (iii) payments of interest and principal shall be 
        deferred, and no interest shall accrue during the two-
        year period following the issuance of such disaster 
        loan.
    Sec. 203. Notwithstanding any other provision of law, the 
limitation on the total amount of loans under section 7(b) of 
the Small Business Act (15 U.S.C. 636(b)) outstanding and 
committed to a borrower in the disaster areas declared in 
response to the September 11, 2001, terrorist attacks shall be 
increased to $10,000,000 and the Administrator shall, in lieu 
of the fee collected under section 7(a)(23)(A) of the Small 
Business Act (15 U.S.C. 636(a)(23)(A)), collect an annual fee 
of 0.25 percent of the outstanding balance of deferred 
participation loans made under section 7(a) to small businesses 
adversely affected by the September 11, 2001, terrorist attacks 
and their aftermath, for a period of one year following the 
date of enactment and to the extent the costs of such reduced 
fees are offset by appropriations provided by this Act.
    Sec. 204. Not later than April 1, 2002, the Secretary of 
State shall submit to the Committees on Appropriations, in both 
classified and unclassified form, a report on the United 
States-People's Republic of China Science andTechnology 
Agreement of 1979, including all protocols. The report is intended to 
provide a comprehensive evaluation of the benefits of the agreement to 
the Chinese economy, military, and defense industrial base. The report 
shall include the following elements:
            (1) an accounting of all activities conducted under 
        the Agreement for the past five years, and a projection 
        of activities to be undertaken through 2010;
            (2) an estimate of the annual cost to the United 
        States to administer the Agreement;
            (3) an assessment of how the Agreement has 
        influenced the policies of the People's Republic of 
        China toward scientific and technological cooperation 
        with the United States;
            (4) an analysis of the involvement of Chinese 
        nuclear weapons and military missile specialists in the 
        activities of the Joint Commission;
            (5) a determination of the extent to which the 
        activities conducted under the Agreement have enhanced 
        the military and industrial base of the People's 
        Republic of China, and an assessment of the impact of 
        projected activities through 2010, including transfers 
        of technology, on China's economic and military 
        capabilities; and
            (6) recommendations on improving the monitoring of 
        the activities of the Commission by the Secretaries of 
        Defense and State.
    The report shall be developed in consultation with the 
Secretaries of Commerce, Defense, and Energy, the Directors of 
the National Science Foundation and the Federal Bureau of 
Investigation, and the intelligence community.
    Sec. 205. From within funds available to the State of 
Alaska or the Alaska Region of the National Marine Fisheries 
Service, an additional $500,000 may be made available for the 
cost of guaranteeing the reduction loan authorized under 
section 144(d)(4)(A) of title I, division B of Public Law 106-
554 (114 Stat. 2763A-242) and that subparagraph is amended to 
read as follows: ``(4)(A) The fishing capacity reduction 
program required under this subsection is authorized to be 
financed through a reduction loan of $100,000,000 under 
sections 1111 and 1112 of title XI of the Merchant Marine Act, 
1936 (46 U.S.C. App. 1279f and 1279g).''.
    Sec. 206. Title IV of the Departments of Commerce, Justice, 
and State, the Judiciary and Related Agencies Appropriations 
Act, 2002 (Public Law 107-77) is amended in the third proviso 
of the first undesignated paragraph under the heading 
``Diplomatic and Consular Programs'' by striking ``this 
heading'' and inserting ``the appropriations accounts within 
the Administration of Foreign Affairs''.
    Sec. 207. Title V of the Departments of Commerce, Justice, 
and State, the Judiciary and Related Agencies Appropriations 
Act, 2002 (Public Law 107-77) is amended in the proviso under 
the heading ``Commission on Ocean Policy'' by striking 
``appointment'' and inserting ``the first meeting of the 
Commission''.
    Sec. 208. Section 626(c) of the Departments of Commerce, 
Justice, and State, the Judiciary and Related Agencies 
Appropriations Act, 2002 (Public Law 107-77) is amended by 
striking ``1:00CV03110(ESG)'' and inserting 
``1:00CV03110(EGS)''.

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                    Defense Emergency Response Fund


                     (including transfer of funds)


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

                    GENERAL PROVISIONS--THIS CHAPTER


                     (including transfer of funds)


    Sec. 301. Amounts available in the ``Defense Emergency 
Response Fund'' (the ``Fund'') shall be available for the 
purposes set forth in the 2001 Emergency Supplemental 
Appropriations Act for Recovery from and Response to Terrorist 
Attacks on the United States (Public Law 107-38): Provided, 
That the Fund may be used to reimburse other appropriations or 
funds of the Department of Defense, including activities of the 
National Foreign Intelligence Program funded in defense 
appropriations acts, only for costs incurred for such purposes 
on or after September 11, 2001: Provided further, That the Fund 
may be used to liquidate obligations incurred by the Department 
of Defense under the authorities in section 3732 of the Revised 
Statutes (41 U.S.C. 11; popularly known as the ``Food and 
Forage Act'') for any costs incurred for such purposes between 
September 11 and September 30, 2001: Provided further, That the 
Secretary of Defense may transfer to the Fund amounts from any 
current appropriation made available in defense appropriations 
acts, only for the purpose of adjusting and liquidating 
obligations properly chargeable to the Fund: Provided further, 
That the authority granted in the preceding proviso shall only 
be exercised after the Secretary of Defense makes a 
determination that amounts in the Fund are insufficient to 
liquidate obligations made using appropriations in the Fund, 
and not prior to 30 days after notifying the congressional 
defense committees in writing regarding each proposed transfer 
of funds: Provided further, That in order to carry out the 
specified purposes under this heading, the Secretary of Defense 
may transfer funds from the Fund to any defense appropriation 
account enacted in appropriations acts, including ``Support for 
International Sporting Competitions, Defense'': Provided 
further, That the funds transferred shall be merged with and 
shall be available for the same purposes and for the same time 
period as the appropriation to which transferred: Provided 
further, That the transfer authority provided under this 
heading is in addition to any other transfer authority 
available to the Department of Defense: Provided further, That 
within 30 days of enactment of this Act, andquarterly 
thereafter, the Secretary of Defense and the Director of Central 
Intelligence shall each provide to the Congress a report (in 
unclassified and classified form, as needed) specifying the projects 
and accounts to which funds provided in this chapter are to be 
transferred.
    Sec. 302. Amounts in the appropriation account ``Support 
for International Sporting Competitions, Defense'', may be used 
to support essential security and safety for the 2002 Winter 
Olympic Games in Salt Lake City, Utah, without the 
certification required under subsection 10 U.S.C. 2564(a): 
Provided, That the term ``active duty'', in section 5802 of 
Public Law 104-208 shall include State active duty and full-
time National Guard duty performed by members of the Army 
National Guard and Air National Guard in connection with 
providing essential security and safety support to the 2002 
Winter Olympic Games and logistical and security support to the 
2002 Paralympic Games.
    Sec. 303. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the 
Congress for purposes of section 504 of the National Security 
Act of 1947 (50 U.S.C. 414).
    Sec. 304. Notwithstanding any other provision of law, of 
the amounts appropriated in Public Law 107-38 which remained 
available in the Defense Emergency Response Fund on December 
18, 2001, not to exceed $100,000,000 may be available for 
payments to Pakistan and Jordan for logistical and military 
support provided, or to be provided, to United States military 
operations in connection with Operation Enduring Freedom: 
Provided, That such payments may be made in amounts as the 
Secretary may determine in his discretion, and such 
determination is final and conclusive upon the accounting 
officers of the United States.


                     (including transfer of funds)


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


                          (transfer of funds)


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

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

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

    For a Federal payment to the District of Columbia for 
protective clothing and breathing apparatus, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, $7,144,000, of which 
$922,000 is for the Fire and Emergency Medical Services 
Department, $4,269,000 is for the Metropolitan Police 
Department, $1,500,000 is for the Department of Health, and 
$453,000 is for the Department of Public Works.

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

    For a Federal payment to the District of Columbia for 
specialized hazardous materials equipment, to be obligated from 
amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, $1,032,000, for the Fire 
and Emergency Medical Services Department.

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

    For a Federal payment to the District of Columbia for 
chemical and biological weapons preparedness, to be obligated 
from amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, $10,355,000, of which 
$205,000 is for the Fire and Emergency Medical Services 
Department, $258,000 is for the Metropolitan Police Department, 
and $9,892,000 is for the Department of Health.

  Federal Payment to the District of Columbia for Pharmaceuticals for 
                               Responders

    For a Federal payment to the District of Columbia for 
pharmaceuticals for responders, to be obligated from amounts 
made available in Public Law 107-38 and to remain available 
until September 30, 2003, $2,100,000, for the Department of 
Health.

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

    For a Federal payment to the District of Columbia for 
response and communications capability, to be obligated from 
amounts made available in Public Law 107-38 and to remain 
available until September 30, 2003, $14,960,000, of which 
$7,755,000 is for the Fire and Emergency Medical Services 
Department, $5,855,000 is for the Metropolitan Police 
Department, $113,000 is for the Department of Public Works 
Division of Transportation, $58,000 is for the Office of 
Property Management, $60,000 is for the Department of Public 
Works, $750,000 is for the Department of Health, $309,000 is 
for the Department of Human Services, and $60,000 is for the 
Department of Parks and Recreation.

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

    For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for search, 
rescue and other emergency equipment and support, $8,850,000, 
of which $5,442,000 is for the Metropolitan Police Department, 
$208,000 is for the Fire and Emergency Medical Services 
Department, $398,500 is for the Department of Consumer and 
Regulatory Affairs, $1,178,500 is for the Department of Public 
Works, $542,000 is for the Department of Human Services, and 
$1,081,000 is for the Department of Mental Health.

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

    For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for equipment, 
supplies and vehicles for the Office of the Chief Medical 
Examiner, $1,780,000.

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

    For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for hospital 
containment facilities for the Department of Health, 
$8,000,000.

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

    For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for the Office of 
the Chief Technology Officer, $45,494,000, for a first response 
land-line and wireless interoperability project, of which 
$1,000,000 shall be used to initiate a comprehensive review, by 
a non-vendor contractor, of the District's current technology-
based systems and to develop a plan for integrating the 
communications systems of the District of Columbia Metropolitan 
Police and Fire and Emergency Medical Services Departments with 
the systems of local, regional and federal law enforcement 
agencies, including but not limited to the United States 
Capitol Police, United States Park Police, United States Secret 
Service, Federal Bureau of Investigation, Federal Protective 
Service, and the Washington Metropolitan Area Transit Authority 
Police: Provided, That such plan shall be submitted to the 
Committees on Appropriations of the Senate and the House of 
Representatives no later than June 15, 2002.

   Federal Payment to the District of Columbia for Emergency Traffic 
                               Management

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

 Federal Payment to the District of Columbia for Training and Planning

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

  Federal Payment to the District of Columbia for Increased Facility 
                                Security

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

 Federal Payment to the Washington Metropolitan Area Transit Authority

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

 Federal Payment to the Metropolitan Washington Council of Governments

    For a Federal payment to the Metropolitan Washington 
Council of Governments to enhance regional emergency 
preparedness, coordination and response, $5,000,000, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, of which 
$1,500,000 shall be used to contribute to the development of a 
comprehensive regional emergency preparedness, coordination and 
response plan, $500,000 shall be used to develop a critical 
infrastructure threat assessment model, $500,000 shall be used 
to develop and implement a regional communications plan, and 
$2,500,000 shall be used to develop protocols and procedures 
for training and outreach exercises.

                       DISTRICT OF COLUMBIA FUNDS

                          Division of Expenses

    The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the general fund of 
the District of Columbia and shall remain available until 
September 30, 2003.
    For Protective Clothing and Breathing Apparatus, to remain 
available until September 30, 2003, $7,144,000, of which 
$922,000 is for the Fire and Emergency Medical Services 
Department, $4,269,000 is for the Metropolitan Police 
Department, $1,500,000 is for the Department of Health, and 
$453,000 is for the Department of Public Works.
    For Specialized Hazardous Materials Equipment, to remain 
available until September 30, 2003, $1,032,000, for the Fire 
and Emergency Medical Services Department.
    For Chemical and Biological Weapons Preparedness, to remain 
available until September 30, 2003, $10,355,000, of which 
$205,000 is for the Fire and Emergency Medical Services 
Department, $258,000 is for the Metropolitan Police Department, 
and $9,892,000 is for the Department of Health.
    For Pharmaceuticals for Responders, to remain available 
until September 30, 2003, $2,100,000, for the Department of 
Health.
    For Response and Communications capability, to remain 
available until September 30, 2003, $14,960,000, of which 
$7,755,000 is for the Fire and Emergency Medical Services 
Department, $5,855,000 is for the Metropolitan Police 
Department, $113,000 is for the Department of Public Works 
Division of Transportation, $58,000 is for the Office of 
Property Management, $60,000 is for the Department of Public 
Works, $750,000 is for the Department of Health, $309,000 is 
for the Department of Human Services, and $60,000 is for the 
Department of Parks and Recreation.
    For search, rescue and other emergency equipment and 
support, to remain available until September 30, 2003, 
$8,850,000, of which $5,442,000 is for the Metropolitan Police 
Department, $208,000 is for the Fire and Emergency Medical 
Services Department, $398,500 is for the Department of Consumer 
and Regulatory Affairs, $1,178,500 is for the Department of 
Public Works, $542,000 is for the Department of Human Services, 
and $1,081,000 is for the Department of Mental Health.
    For equipment, supplies and vehicles, to remain available 
until September 30, 2003, for the Office of the Chief Medical 
Examiner, $1,780,000.
    For hospital containment facilities, to remain available 
until September 30, 2003, for the Department of Health, 
$8,000,000.
    For the Office of the Chief Technology Officer, to remain 
available until September 30, 2003, $45,494,000 is for a first 
response land-line and wireless interoperability project, of 
which $1,000,000 shall be used to initiate a comprehensive 
review by a non-vendor contractor of the District's current 
technology-based systems and to develop a plan for integrating 
the communications systems of the District of Columbia 
Metropolitan Police and Fire and Emergency Medical Services 
Departments with the systems of local, regional and federal law 
enforcement agencies, including, but not limited to the United 
States Capitol Police, United States Park Police, United States 
Secret Service, Federal Bureau of Investigation, Federal 
Protective Service, and the Washington Metropolitan Area 
Transit Authority Police: Provided, That such plan shall be 
submitted to the Committees on Appropriations of the Senate and 
the House of Representatives no later than June 15, 2002.
    For emergency traffic management, to remain available until 
September 30, 2003, $20,700,000 is for the Department of Public 
Works Division of Transportation, of which $14,000,000 is to 
upgrade traffic light controllers, $4,700,000 is to establish a 
video traffic monitoring system, and $2,000,000 is to 
disseminate traffic information.
    For training and planning, to remain available until 
September 30, 2003, $9,949,000, of which $4,400,000 is for the 
Fire and Emergency Medical Services Department, $990,000 is for 
the Metropolitan Police Department, $1,200,000 is for the 
Department of Health, $200,000 is for the Office of the Chief 
Medical Examiner, $500,000 is for the Office of Property 
Management, $500,000 is for the Department of Mental Health, 
$469,000 is for the Department of Consumer and Regulatory 
Affairs, $240,000 is for the Department of Public Works, 
$600,000 is for the Department of Human Services, $100,000 is 
for the Department of Parks and Recreation, and $750,000 is for 
the Division of Transportation.
    For increased facility security, to remain available until 
September 30, 2003, $25,536,000, of which $3,900,000 is for the 
Emergency Management Agency, $14,575,000 for the public 
schools, and $7,061,000 for the Office of Property Management.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 401. Notwithstanding any other provision of law, the 
Chief Financial Officer of the District of Columbia may 
transfer up to 5 percent of the funds appropriated to the 
District of Columbia in this chapter between these accounts: 
Provided, That no such transfer shall take place unless the 
Chief Financial Officer of the District of Columbia notifies in 
writing the Committees on Appropriations of the Senate and the 
House of Representatives 30 days in advance of such transfer.
    Sec. 402. The Chief Financial Officer of the District of 
Columbia, the Chief Financial Officer of the Washington 
Metropolitan Area Transit Authority and the Executive Director 
of the Metropolitan Washington Council of Governments shall 
provide quarterly reports to the President and the Committees 
on Appropriations of the Senate and the House of 
Representatives on the use of the funds under this chapter 
beginning no later than March 15, 2002.
    Sec. 403. Notwithstanding any other provision of law, all 
amounts under this chapter shall be apportioned quarterly by 
the Office of Management and Budget: Provided, That all such 
funds shall be made available no later than September 30, 2002.
    Sec. 404. In the Fiscal Year 2002 District of Columbia 
Appropriations Act under the heading ``Administrative 
Provisions, Payments for Representation of Indigents'' under 
subsection (c), strike all after ``March 1, 2002.'' through `` 
``3600''. ''.

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil


                   operation and maintenance, general


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

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation


                      water and related resources


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

                          DEPARTMENT OF ENERGY

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                National Nuclear Security Administration


                           weapons activities


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, and for other 
expenses to increase the security of the Nation's nuclear 
weapons complex, for ``Weapons Activities'', $131,000,000, to 
remain available until expended, to be obligated from amounts 
made available in Public Law 107-38.


                    defense nuclear nonproliferation


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

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

         Defense Environmental Restoration and Waste Management

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

                        Other Defense Activities

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

                           INDEPENDENT AGENCY

                     Nuclear Regulatory Commission


                         salaries and expenses


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

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 501. Of the funds provided in this or any other Act 
for ``Defense Environmental Restoration and Waste Management'' 
at the Department of Energy, up to $500,000 may be available to 
the Secretary of Energy for safety improvements to roads along 
the shipping route to the Waste Isolation Pilot Plant site.
    Sec. 502. Nutwood Levee, Illinois. The Energy and Water 
Development Appropriations Act, 2002 (Public Law 107-66) is 
amended under the heading ``Title I, Department of Defense--
Civil, Department of the Army, Corps of Engineers--Civil, 
Construction, General'' by inserting after ``$3,500,000'' but 
before the ``.'' ``: Provided further, That using $400,000 of 
the funds appropriated herein, the Secretary of the Army, 
acting through the Chief of Engineers, may initiate 
construction on the Nutwood Levee, Illinois project''.
    Sec. 503. The Reclamation Safety of Dams Act of 1978 (43 
U.S.C. 509) is amended as follows:
            (1) by inserting in Section 4(c) after ``2000,'' 
        and before ``costs'' the following: ``and the 
        additional $32,000,000 further authorized to be 
        appropriated by amendments to the Act in 2001,''; and
            (2) by inserting in Section 5 after ``levels),'' 
        and before ``plus'' the following: ``and, effective 
        October 1, 2001, not to exceed an additional 
        $32,000,000 (October 1, 2001, price levels),''.
    Sec. 504. Jicarilla, New Mexico, Municipal Water System. 
Public Law 107-66 is amended--
            (1) under the heading of ``Title I, Department of 
        Defense--Civil, Department of the Army, Corps of 
        Engineers--Civil, Construction, General''--
                    (A) by striking ``Provided further, That 
                using $2,500,000 of the funds provided herein, 
                the Secretary of the Army, acting through the 
                Chief of Engineers, is directed to proceed with 
                a final design and initiate construction for 
                the repair and replacement of the Jicarilla 
                Municipal Water System in the town of Dulce, 
                New Mexico:''; and
                    (B) insert at the end before the period the 
                following: ``: Provided further, That using 
                funds provided herein, the Secretary of the 
                Army, acting through the Chief of Engineers, is 
                directed to transfer $2,500,000 to the 
                Secretary of the Interior for the Bureau of 
                Reclamation to proceed with the Jicarilla 
                Municipal Water System in the town of Dulce, 
                New Mexico''; and
            (2) under the heading of ``Title II, Department of 
        the Interior, Bureau of Reclamation, Water and Related 
        Resources, (Including the Transfer of Funds)''--
                    (A) insert at the end before the period the 
                following: ``: Provided further, That using 
                $2,500,000 of the funds provided herein, the 
                Secretary of the Interior is directed to 
                proceed with a final design and initiate 
                construction for the repair and replacement of 
                the Jicarilla Municipal Water System in the 
                town of Dulce, New Mexico''.
    Sec. 505. (a) Occoquan River, Virginia.--The project for 
navigation, Occoquan Creek, Virginia, authorized by the first 
section of the Act entitled ``An Act making appropriations for 
the construction, repair, and preservation of certain public 
works on rivers and harbors, and for other purposes'', approved 
September 19, 1890 (26 Stat. 440), is modified to direct the 
Secretary of the Army--
            (1) to deepen the project to a depth of 9 feet; and
            (2) to widen the project between Channel Marker 
        Number 2 and the bridge at United States Route 1 to a 
        width of 200 feet.
    (b) Availability of Funds.--Amounts appropriated to carry 
out the project referred to in subsection (a) by the Energy and 
Water Development Appropriations Act, 2001 (as enacted into law 
by Public Law 106-377), shall be made available to carry out 
the modifications to the project under subsection (a).
    (c) Project Redesignation.--
            (1) In general.--The project referred to in 
        subsection (a) shall be known and designated as the 
        ``project for navigation, Occoquan River, Virginia''.
            (2) References.--Any reference in a law, map, 
        regulation, document, paper, or other record of the 
        United States to the project referred to in subsection 
        (a) shall be deemed to be a reference to the ``project 
        for navigation, Occoquan River, Virginia''.

                               CHAPTER 6

                     Bilateral Economic Assistance

                  Funds Appropriated to the President

           United States Agency for International Development


                   international disaster assistance


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

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 operation of the national park system


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for ``Operation of 
the National Park System'', $10,098,000, to remain available 
until expended, to be obligated from amounts made available in 
Public Law 107-38.


                       united states park police


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for the ``United 
States Park Police'', $25,295,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.


                              construction


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for 
``Construction'', $21,624,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38: Provided, That notwithstanding any other provision 
of law, single but separate procurements for the construction 
of security improvements at the Washington Monument, for 
security improvements at the Lincoln Memorial, and for security 
improvements at the Jefferson Memorial, may be issued that 
include the full scope of each project, except that each 
solicitation and contract shall contain the clause 
``availability of funds'' found at section 52.232.18 of title 
48, Code of Federal Regulations.

                          Departmental Offices

                        Departmental Management


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for ``Salaries and 
Expenses'', $2,205,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-38, 
for the working capital fund of the Department of the Interior.

                         OTHER RELATED AGENCIES

                        Smithsonian Institution


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for ``Salaries and 
Expenses'' of the Smithsonian Institution, $21,707,000, to 
remain available until expended, to be obligated from amounts 
made available in Public Law 107-38.

                        National Gallery of Art


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for ``Salaries and 
Expenses'' of the National Gallery of Art, $2,148,000, to 
remain available until expended, to be obligated from amounts 
made available in Public Law 107-38.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for ``Operations 
and Maintenance'' of the John F. Kennedy Center for the 
Performing Arts, $4,310,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.

                  National Capital Planning Commission


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for ``Salaries and 
Expenses'' of the National Capital Planning Commission, 
$758,000, to be obligated from amounts made available in Public 
Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 701. (a) In General.--The Secretary of the Smithsonian 
Institution shall collect and preserve in the National Museum 
of American History artifacts relating to the September 11th 
attacks on the World Trade Center and the Pentagon.
    (b) Types of Artifacts.--In carrying out subsection (a), 
the Secretary of the Smithsonian Institution shall consider 
collecting and preserving--
            (1) pieces of the World Trade Center and the 
        Pentagon;
            (2) still and video images made by private 
        individuals and the media;
            (3) personal narratives of survivors, rescuers, and 
        government officials; and
            (4) other artifacts, recordings, and testimonials 
        that the Secretary of the Smithsonian Institution 
        determines have lasting historical significance.
    (c) Authorization of Appropriations.--There is authorized 
to be appropriated to the Smithsonian Institution $5,000,000 to 
carry out this section.
    Sec. 702. Section 29 of Public Law 92-203, as enacted under 
section 4 of Public Law 94-204 (43 U.S.C. 1626), is amended by 
adding at the end of subsection (e) the following:
            ``(4)(A) Congress confirms that Federal procurement 
        programs for tribes and Alaska Native Corporations are 
        enacted pursuant to its authority under Article I, 
        Section 8 of the United States Constitution.
            ``(B) Contracting with an entity defined in 
        subsection (e)(2) of this section or section 3(c) of 
        Public Law 93-262 shall be credited towards the 
        satisfaction of a contractor's obligations under 
        section 7 of Public Law 87-305.
            ``(C) Any entity that satisfies subsection (e)(2) 
        of this section that has been certified under section 8 
        of Public Law 85-536 is a Disadvantaged Business 
        Enterprise for the purposes of Public Law 105-178.''.

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services


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


     state unemployment insurance and employment service operations


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

                     workers compensation programs

    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Workers 
Compensation Programs'', $175,000,000, to remain available 
until expended, to be obligated from amounts made available in 
Public Law 107-38: Provided, That, of such amount, $125,000,000 
shall be for payment to the New York State Workers Compensation 
Review Board, for the processing of claims related to the 
terrorist attacks: Provided further, That, of such amount, 
$25,000,000 shall be for payment to the New York State 
Uninsured Employers Fund, for reimbursement of claims related 
to the terrorist attacks: Provided further, That, of such 
amount, $25,000,000 shall be for payment to the New York State 
Uninsured Employers Fund, for reimbursement of claims related 
to the first response emergency services personnel who were 
injured, were disabled, or died due to the terrorist attacks.

              Pension and Welfare Benefits Administration


                         salaries and expenses


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

             Occupational Safety and Health Administration


                         salaries and expenses


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

                        Departmental Management


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $5,880,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention


                disease control, research, and training


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States for ``Disease 
control, research, and training'' for baseline safety screening 
for the emergency services personnel and rescue and recovery 
personnel, $12,000,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-38.

                        Office of the Secretary


            public health and social services emergency fund


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, to provide grants 
to public entities, not-for-profit entities, and Medicare and 
Medicaid enrolled suppliers and institutional providers to 
reimburse for health care related expenses or lost revenues 
directly attributable to the public health emergency resulting 
from the September 11, 2001, terrorist acts, for ``Public 
Health and Social Services Emergency Fund'', $140,000,000, to 
remain available until expended, to be obligated from amounts 
made available in Public Law 107-38: Provided, That none of the 
costs have been reimbursed or are eligible for reimbursement 
from other sources.
    For emergency expenses necessary to support activities 
related to countering potential biological, disease, and 
chemical threats to civilian populations, for ``Public Health 
and Social Services Emergency Fund'', $2,504,314,000, to remain 
available until expended, to be obligated from amounts made 
available in Public Law 107-38. Of this amount, $865,000,000 
shall be for the Centers for Disease Control and Prevention for 
improving State and local capacity; $135,000,000 shall be for 
grants to improve hospital capacity to respond to bioterrorism; 
$100,000,000 shall be for upgrading capacity at the Centers for 
Disease Control and Prevention, including research: Provided, 
That up to $10,000,000 of this amount shall be for the tracking 
and control of biological pathogens; $85,000,000 shall be for 
the National Institute of Allergy and Infectious Diseases for 
bioterrorism-related research and development and other related 
needs; $70,000,000 shall be for the National Institute of 
Allergy and Infectious Diseases for the construction of a 
biosafety laboratory and related infrastructure costs; 
$593,000,000 shall be for the National Pharmaceutical 
Stockpile; $512,000,000 shall be for the purchase of smallpox 
vaccine; $71,000,000 shall be for improving laboratory security 
at the National Institutes of Health and the Centers for 
Disease Control and Prevention; $7,500,000 shall be for 
environmental hazard control activities conducted by the 
Centers for Disease Control and Prevention; $10,000,000 shall 
be for the Substance Abuse and Mental Health Services 
Administration; and $55,814,000 shall be for bioterrorism 
preparedness and disaster response activities in the Office of 
the Secretary. At the discretion of the Secretary, these 
amounts may be transferred between categories subject to normal 
reprogramming procedures.

                        DEPARTMENT OF EDUCATION


                      school improvement programs


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

                            RELATED AGENCIES

                     National Labor Relations Board


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $180,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38.

                     Social Security Administration


                 limitation on administrative expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Limitation 
on Administrative Expenses'', $7,500,000, to remain available 
until expended, to be obligated from amounts made available in 
Public Law 107-38.

                               CHAPTER 9

                           LEGISLATIVE BRANCH

                              JOINT ITEMS


               legislative branch emergency response fund


                     (including transfer of funds)


    For emergency expenses to respond to the terrorist attacks 
on the United States, $256,081,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38: Provided, That $34,500,000 shall be transferred to 
``Senate'', ``Sergeant at Arms and Doorkeeper of the Senate'', 
and shall be obligated with the prior approval of the Senate 
Committee on Appropriations: Provided further, That $41,712,000 
shall be transferred to ``House of Representatives'', 
``Salaries and Expenses'', and shall be obligated with the 
prior approval of the House Committee on Appropriations: 
Provided further, That $31,000,000 shall be transferred to 
``Capitol Police Board'', ``Capitol Police'', ``General 
Expenses'': Provided further, That $350,000 shall be 
transferred to ``Capitol Guide Service and Special Services 
Office'': Provided further, That $106,304,000 shall be 
transferred to ``Architect of the Capitol'', ``Capitol 
Buildings and Grounds'', ``Capitol Buildings'': Provided 
further, That $29,615,000 shall be transferred to ``Library of 
Congress'', ``Salaries and Expenses'': Provided further, That 
$4,000,000 shall be transferred to the ``Government Printing 
Office'', ``Government Printing Office Revolving Fund'': 
Provided further, That $7,600,000 shall be transferred to 
``General Accounting Office'', ``Salaries and Expenses'': 
Provided further, That $1,000,000 shall be transferred as a 
grant to the United States Capitol Historical Society: Provided 
further, That any Legislative Branch entity receiving funds 
pursuant to the Emergency Response Fund established by Public 
Law 107-38 (without regard to whether the funds are provided 
under this chapter or pursuant to any other provision of law) 
may transfer any funds provided to the entity to any other 
Legislative Branch account in an amount equal to that required 
to provide support for security enhancements, subject to the 
approval of the Committees on Appropriations of the House of 
Representatives and Senate.

                                 SENATE

                       Administrative Provisions

    Sec. 901. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to respond 
to an emergency situation, the Sergeant at Arms of the Senate 
may acquire buildings and facilities for the use of the Senate, 
as appropriate, by lease, purchase, or such other arrangement 
as the Sergeant at Arms of the Senate considers appropriate 
(including a memorandum of understanding with the head of an 
Executive Agency, as defined in section 105 of title 5, United 
States Code, in the case of a building or facility under the 
control of such Agency). Actions taken by the Sergeant at Arms 
of the Senate must be approved by the Committees on 
Appropriations and Rules and Administration.
    (b) Agreements.--Notwithstanding any other provision of 
law, for purposes of carrying out subsection (a), the Sergeant 
at Arms of the Senate may carry out such activities and enter 
into such agreements related to the use of any building or 
facility acquired pursuant to such subsection as the Sergeant 
at Arms of the Senate considers appropriate, including--
            (1) agreements with the United States Capitol 
        Police or any other entity relating to the policing of 
        such building or facility; and
            (2) agreements with the Architect of the Capitol or 
        any other entity relating to the care and maintenance 
        of such building or facility.
    (c) Authority of Capitol Police and Architect.--
            (1) Architect of the capitol.--Notwithstanding any 
        other provision of law, the Architect of the Capitol 
        may take any action necessary to carry out an agreement 
        entered into with the Sergeant at Arms of the Senate 
        pursuant to subsection (b).
            (2) Capitol police.--Section 9 of the Act of July 
        31, 1946 (40 U.S.C. 212a) is amended--
                    (A) by striking ``The Capitol Police'' and 
                inserting ``(a) The Capitol Police''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) For purposes of this section, `the United States 
Capitol Buildings and Grounds' shall include any building or 
facility acquired by the Sergeant at Arms of the Senate for the 
use of the Senate for which the Sergeant at Arms of the Senate 
has entered into an agreement with the United States Capitol 
Police for the policing of the building or facility.''.
    (d) Transfer of Certain Funds.--Subject to the approval of 
the Committee on Appropriations of the Senate, the Architect of 
the Capitol may transfer to the Sergeant at Arms of the Senate 
amounts made available to the Architect for necessary expenses 
for the maintenance, care and operation of the Senate office 
buildings during a fiscal year in order to cover any portion of 
the costs incurred by the Sergeant at Arms of the Senate during 
the year in acquiring a building or facility pursuant to 
subsection (a).
    (e) Effective Date.--This section and the amendments made 
by this section shall apply with respect to fiscal year 2002 
and each succeeding fiscal year.
    Sec. 902. (a) Notwithstanding any other provision of law--
            (1) subject to subsection (b), the Sergeant at Arms 
        of the Senate and the head of an Executive Agency (as 
        defined in section 105 of title 5, United States Code) 
        may enter into a memorandum of understanding under 
        which the Agency may provide facilities, equipment, 
        supplies, personnel, and other support services for the 
        use of the Senate during an emergency situation; and
            (2) the Sergeant at Arms of the Senate and the head 
        of the Agency may take any action necessary to carry 
        out the terms of the memorandum of understanding.
    (b) The Sergeant at Arms of the Senate may enter into a 
memorandum of understanding described in subsection (a)(1) 
consistent with the Senate Procurement Regulations.
    (c) This section shall apply with respect to fiscal year 
2002 and each succeeding fiscal year.

                        HOUSE OF REPRESENTATIVES

                       Administrative Provisions

    Sec. 903. (a) Acquisition of Buildings and Facilities.--
Notwithstanding any other provision of law, in order to respond 
to an emergency situation, the Chief Administrative Officer of 
the House of Representatives may acquire buildings and 
facilities, for the use of the House of Representatives by 
lease, purchase, or such other arrangement as the Chief 
Administrative Officer considers appropriate (including a 
memorandum of understanding with the head of an Executive 
Agency, as defined in section 105 of title 5, United States 
Code, in the case of a building or facility under the control 
of such Agency), subject to the approval of the House Office 
Building Commission.
    (b) Agreements.--Notwithstanding any other provision of 
law, for purposes of carrying out subsection (a), the Chief 
Administrative Officer may carry out such activities and enter 
into such agreements related to the use of any building or 
facility acquired pursuant to such subsection as the Chief 
Administrative Officer considers appropriate, including--
            (1) agreements with the United States Capitol 
        Police or any other entity relating to the policing of 
        such building or facility; and
            (2) agreements with the Architect of the Capitol or 
        any other entity relating to the care and maintenance 
        of such building or facility.
    (c) Authority of Capitol Police and Architect.--
            (1) Architect of the capitol.--Notwithstanding any 
        other provision of law, the Architect of the Capitol 
        may take any action necessary to carry out an agreement 
        entered into with the Chief Administrative Officer 
        pursuant to subsection (b).
            (2) Capitol police.--Section 9 of the Act of July 
        31, 1946 (40 U.S.C. 212a) is amended--
                    (A) by striking ``The Capitol Police'' and 
                inserting ``(a) The Capitol Police''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) For purposes of this section, `the United States 
Capitol Buildings and Grounds' shall include any building or 
facility acquired by the Chief Administrative Officer of the 
House of Representatives for the use of the House of 
Representatives for which the Chief Administrative Officer has 
entered into an agreement with the United States Capitol Police 
for the policing of the building or facility.''.
    (d) Transfer of Certain Funds.--Subject to the approval of 
the Committee on Appropriations of the House of 
Representatives, the Architect of the Capitol may transfer to 
the Chief Administrative Officer amounts made available to the 
Architect for necessary expenses for the maintenance, care and 
operation of the House office buildings during a fiscal year in 
order to cover any portion of the costs incurred by the Chief 
Administrative Officer during the year in acquiring a building 
or facility pursuant to subsection (a).
    (e) Effective Date.--This section and the amendments made 
by this section shall apply with respect to fiscal year 2002 
and each succeeding fiscal year.
    Sec. 904. (a) Notwithstanding any other provision of law--
            (1) subject to subsection (b), the Chief 
        Administrative Officer of the House of Representatives 
        and the head of an Executive Agency (as defined in 
        section 105 of title 5, United States Code) may enter 
        into a memorandum of understanding under which the 
        Agency may provide facilities, equipment, supplies, 
        personnel, and other support services for the use of 
        the House of Representatives during an emergency 
        situation; and
            (2) the Chief Administrative Officer and the head 
        of the Agency may take any action necessary to carry 
        out the terms of the memorandum of understanding.
    (b) The Chief Administrative Officer of the House of 
Representatives may not enter into a memorandum of 
understanding described in subsection (a)(1) without the 
approval of the Speaker of the House of Representatives.
    (c) This section shall apply with respect to fiscal year 
2002 and each succeeding fiscal year.
    Sec. 905. (a) There is established in the House of 
Representatives an office to be known as the House of 
Representatives Office of Emergency Planning, Preparedness, and 
Operations. The Office shall be responsible for mitigation and 
preparedness operations, crisis management and response, 
resource services, and recovery operations.
    (b) The Speaker, in consultation with the minority leader--
            (1) shall provide policy direction for, and 
        oversight of, the Office;
            (2) shall appoint and set the annual rate of pay 
        for employees of the Office, including a Director, who 
        shall be the head of the Office;
            (3) shall exercise, with respect to any employee of 
        the Office, the authority referred to in section 
        8344(k)(2)(B) of title 5, United States Code, and the 
        authority referred to in section 8468(h)(2)(B) of title 
        5, United States Code;
            (4) shall approve procurement of services of 
        experts and consultants by the Office or by committees 
        or other entities of the House of Representatives for 
        assignment to the Office; and
            (5) may request the head of any Federal department 
        or agency to detail to the Office, on a reimbursable 
        basis, any of the personnel of the department or 
        agency.
    (c) The day-to-day operations of the Office shall be 
carried out by the Director, under the supervision of a Board, 
to be known as the House of Representatives Continuity of 
Operations Board, comprised of the Clerk, the Sergeant-at-Arms, 
and the Chief Administrative Officer of the House of 
Representatives. The Clerk shall be the Chairman of the Board.
    (d) Until otherwise provided by law, funds shall be 
available for the Office from amounts appropriated for the 
operations of the House of Representatives.
    (e) This section shall take effect on the date of the 
enactment of this Act and shall apply to fiscal years beginning 
with fiscal year 2002.
    Sec. 906. (a) As determined by the Sergeant-at-Arms of the 
House of Representatives, any anthrax-contaminated mail 
delivered by the United States Postal Service to the House of 
Representatives shall be destroyed or otherwise disposed of.
    (b) No action taken under this section may serve as a basis 
for civil or criminal liability of any individual or entity.
    (c) As used in this section, the term ``anthrax-
contaminated mail'' means any mail matter that, as determined 
by the Sergeant-at-Arms, by reason of the events of October 
2001--
            (1) is contaminated by anthrax or any other 
        substance the mailing of which is prohibited by section 
        1716 of title 18, United States Code, or any other law 
        of the United States; or
            (2) may be so contaminated, but the ascertainment 
        of which is not technically feasible or is otherwise 
        impracticable.
    (d) This section shall apply with respect to fiscal year 
2002 and each succeeding fiscal year.

                        OTHER LEGISLATIVE BRANCH

                       Administrative Provisions

    Sec. 907. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 
206-1) is amended by striking ``but not to exceed'' and all 
that follows and inserting the following: ``but not to exceed 
$2,500 less than the lesser of the annual salary for the 
Sergeant at Arms of the House of Representatives or the annual 
salary for the Sergeant at Arms and Doorkeeper of the 
Senate.''.
    (b) The Assistant Chief of the Capitol Police shall receive 
compensation at a rate determined by the Capitol Police Board, 
but not to exceed $1,000 less than the annual salary for the 
chief of the United States Capitol Police.
    (c) This section and the amendment made by this section 
shall apply with respect to pay periods beginning on or after 
the date of the enactment of this Act.
    Sec.  908. (a) The Capitol Police Board may, in order to 
recruit or retain qualified personnel, establish and maintain a 
program under which the Capitol Police may agree to repay (by 
direct payments on behalf of a civilian employee or member of 
the Capitol Police) all or a portion of any student loan 
previously taken out by such employee or member.
    (b) The Capitol Police Board may, by regulation, make 
applicable such provisions of section 5379 of title 5, United 
States Code, as the Board determines necessary to provide for 
such program.
    (c) The regulations shall provide that the amount paid by 
the Capitol Police may not exceed--
            (1) $6,000 for any civilian employee or member of 
        the Capitol Police in any calendar year; or
            (2) a total of $40,000 in the case of any employee 
        or member.
    (d) The Capitol Police may not reimburse a civilian 
employee or member of the Capitol Police for any repayments 
made by such employee or member prior to the Capitol Police 
entering into an agreement under this section with such 
employee or member.
    (e) Any amount repaid by, or recovered from, an individual 
under this section and its implementing regulations shall be 
credited to the appropriation account available for salaries 
and expenses of the Capitol Police at the time of repayment or 
recovery. Such credited amount may be used for any authorized 
purpose of the account and shall remain available until 
expended.
    (f) This section shall apply to fiscal year 2002 and each 
fiscal year thereafter.
    Sec. 909. (a) Recruitment and Relocation Bonuses.--
            (1) Authorization of payment.--The Capitol Police 
        Board (hereafter in this section referred to as the 
        ``Board'') may authorize the Chief of the United States 
        Capitol Police (hereafter in this section referred to 
        as the ``Chief'') to pay a bonus to an individual who 
        is newly appointed to a position as an officer or 
        employee of the Capitol Police, and to pay an 
        additional bonus to an individual who must relocate to 
        accept a position as an officer or employee of the 
        Capitol Police, if the Board determines that the 
        Capitol Police would be likely, in the absence of such 
        a bonus, to encounter difficulty in filling the 
        position.
            (2) Amount of payment.--The amount of a bonus under 
        this subsection shall be determined by regulations of 
        the Board, but the amount of any bonus paid to an 
        individual under this subsection may not exceed 25 
        percent of the annual rate of basic pay of the position 
        to which the individual is being appointed.
            (3) Minimum period of service required.--Payment of 
        a bonus under this subsection shall be contingent upon 
        the individual entering into an agreement with the 
        Capitol Police to complete a period of employment with 
        the Capitol Police, with the required period determined 
        pursuant to regulations of the Board. If the individual 
        voluntarily fails to complete such period of service or 
        is separated from the service before completion of such 
        period of service for cause on charges of misconduct or 
        delinquency, the individual shall repay the bonus on a 
        pro rata basis.
            (4) Bonus not considered part of basic pay.--A 
        bonus under this subsection shall be paid as a lump 
        sum, and may not be considered to be part of the basic 
        pay of the officer or employee.
            (5) Payment permitted prior to commencement of 
        duty.--Under regulations of the Board, a bonus under 
        this subsection may be paid to a newly-hired officer or 
        employee before the officer or employee enters on duty.
    (b) Retention Allowances.--
            (1) Authorization of payment.--The Board may 
        authorize the Chief to pay an allowance to an officer 
        or employee of the United States Capitol Police if--
                    (A) the unusually high or unique 
                qualifications of the officer or employee or a 
                special need of the Capitol Police for the 
                officer's or employee's services makes it 
                essential to retain the officer or employee; 
                and
                    (B) the Chief determines that the officer 
                or employee would be likely to leave in the 
                absence of a retention allowance.
            (2) Amount of payment.--A retention allowance, 
        which shall be stated as a percentage of the rate of 
        basic pay of the officer or employee, may not exceed 25 
        percent of such rate of basic pay.
            (3) Payment not considered part of basic pay.--A 
        retention allowance may not be considered to be part of 
        the basic pay of an officer or employee, and the 
        reduction or elimination of a retention allowance may 
        not be appealed. The preceding sentence shall not be 
        construed to extinguish or lessen any right or remedy 
        under any of the laws made applicable to the Capitol 
        Police pursuant to section 102 of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1302).
            (4) Time and manner of payment.--A retention 
        allowance under this subsection shall be paid at the 
        same time and in the same manner as the officer's or 
        employee's basic pay is paid.
    (c) Lump Sum Incentive and Merit Bonus Payments.--
            (1) In general.--The Board may pay an incentive or 
        merit bonus to an officer or employee of the United 
        States Capitol Police who meets such criteria for 
        receiving the bonus as the Board may establish.
            (2) Bonus not considered part of basic pay.--A 
        bonus under this subsection shall be paid as a lump 
        sum, and may not be considered to be part of the basic 
        pay of the officer or employee.
    (d) Service Step Increases for Meritorious Service for 
Officers.--Upon the approval of the Chief--
            (1) an officer of the United States Capitol Police 
        in a service step who has demonstrated meritorious 
        service (in accordance with criteria established by the 
        Chief or the Chief's designee) may be advanced in 
        compensation to the next higher service step, effective 
        with the first pay period which begins after the date 
        of the Chief's approval; and
            (2) an officer of the United States Capitol Police 
        in a service step who has demonstrated extraordinary 
        performance (in accordance with criteria established by 
        the Chief or the Chief's designee) may be advanced in 
        compensation to the second next higher service step, 
        effective with the first pay period which begins after 
        the date of the Chief's approval.
    (e) Additional Compensation for Field Training Officers.--
            (1) In general.--Each officer of the United States 
        Capitol Police who is assigned to duty as a field 
        training officer shall receive, in addition to the 
        officer's scheduled rate of compensation, an additional 
        amount determined by the Board (but not to exceed 
        $2,000 per annum).
            (2) Manner of payment.--The additional compensation 
        authorized by this subsection shall be paid to the 
        officer in the same manner as the officer is paid basic 
        compensation, except that when the officer ceases to be 
        assigned to duty as a field training officer, the loss 
        of such additional compensation shall not constitute an 
        adverse action for any purpose.
    (f) Regulations.--
            (1) In general.--The payment of bonuses, 
        allowances, step increases, compensation, and other 
        payments pursuant to this section shall be carried out 
        in accordance with regulations prescribed by the Board.
            (2) Approval.--The regulations prescribed pursuant 
        to this subsection shall be subject to the approval of 
        the Committee on Rules and Administration of the 
        Senate, Committee on House Administration of the House 
        of Representatives, and the Committees on 
        Appropriations of the Senate and the House of 
        Representatives.
    (g) Effective Date.--This section shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year.
    Sec. 910. In addition to the authority provided under 
section 121 of the Legislative Branch Appropriations Act, 2002, 
at any time on or after the date of the enactment of this Act, 
the Capitol Police Board may accept contributions of comfort 
and other incidental items and services to support officers and 
employees of the United States Capitol Police while such 
officers and employees are on duty in response to emergencies 
involving the safety of human life or the protection of 
property.
    Sec. 911. Assistance by Executive Departments and Agencies 
to the Capitol Police. (a) Assistance.--
            (1) In general.--Executive departments and 
        Executive agencies may assist the United States Capitol 
        Police in the performance of its duties by providing 
        services (including personnel), equipment, and 
        facilities on a temporary and reimbursable basis when 
        requested by the Capitol Police Board and on a 
        permanent and reimbursable basis upon advance written 
        request of the Capitol Police Board; except that the 
        Department of Defense and the Coast Guard may provide 
        such assistance on a temporary basis without 
        reimbursement when assisting the United States Capitol 
        Police in its duties directly related to protection 
        under the Act of July 31, 1946 (40 U.S.C. 212a-2). 
        Before making a request under this paragraph, the 
        Capitol Police Board shall consult with appropriate 
        Members of the Senate and House of Representatives in 
        leadership positions, except in an emergency.
            (2) Procurement.--No services (including 
        personnel), equipment, or facilities may be ordered, 
        purchased, leased, or otherwise procured for the 
        purposes of carrying out the duties of the United 
        States Capitol Police by persons other than officers or 
        employees of the Federal Government duly authorized by 
        the Chairman of the Capitol Police Board to make such 
        orders, purchases, leases, or procurements.
            (3) Expenditures or obligation of funds.--No funds 
        may be expended or obligated for the purpose of 
        carrying out this section other than funds specifically 
        appropriated to the Capitol Police Board or the United 
        States Capitol Police for those purposes with the 
        exception of--
                    (A) expenditures made by the Department of 
                Defense or the Coast Guard from funds 
                appropriated to the Department of Defense or 
                the Coast Guard in providing assistance on a 
                temporary basis to the United States Capitol 
                Police in the performance of its duties 
                directly related to protection under the Act of 
                July 31, 1946 (40 U.S.C. 212a-2); and
                    (B) expenditures made by Executive 
                departments and agencies, in providing 
                assistance at the request of the United States 
                Capitol Police in the performance of its 
                duties, and which will be reimbursed by the 
                United States Capitol Police under this 
                section.
            (4) Provision of assistance.--Assistance under this 
        section shall be provided--
                    (A) consistent with the authority of the 
                Capitol Police under sections 9 and 9A of the 
                Act of July 31, 1946 (40 U.S.C. 212a and 212a-
                2);
                    (B) upon the advance written request of--
                            (i) the Capitol Police Board; or
                            (ii) in an emergency--
                                    (I) the Sergeant at Arms 
                                and Doorkeeper of the Senate in 
                                any matter relating to the 
                                Senate; or
                                    (II) the Sergeant at Arms 
                                of the House of Representatives 
                                in any matter relating to the 
                                House of Representatives; and
                    (C)(i) on a temporary and reimbursable 
                basis;
                    (ii) on a permanent reimbursable basis upon 
                advance written request of the Capitol Police 
                Board; or
                    (iii) on a temporary basis without 
                reimbursement by the Department of Defense and 
                the Coast Guard as described under paragraph 
                (1).
    (b) Reports.--
            (1) Submission.--With respect to any fiscal year in 
        which an Executive department or Executive agency 
        provides assistance under this section, the head of 
        that department or agency shall submit a report 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) Effective Date.--This section shall take effect on the 
date of enactment of this Act and apply to each fiscal year 
occurring after such date.
    Sec. 912. (a)(1) In the event of an emergency, as 
determined by the Capitol Police Board, or of a joint session 
of Congress, the Chief of the Capitol Police may enter into 
agreements--
            (A) with the District of Columbia to deputize 
        members of the District of Columbia National Guard, who 
        are qualified for law enforcement functions, for duty 
        with the Capitol Police for the purpose of policing the 
        Capitol grounds; and
            (B) with any appropriate governmental law 
        enforcement authority to deputize law enforcement 
        officers for duty with the Capitol Police for the 
        purpose of policing the Capitol grounds.
    (2) Any agreement under paragraph (1) shall be subject to 
initial approval by the Capitol Police Board and to final 
approval by the Speaker of the House of Representatives (in 
consultation with the Minority Leader of the House of 
Representatives) and the President pro tempore of the Senate 
(in consultation with the Minority Leader of the Senate), 
acting jointly.
    (b) Subject to approval by the Speaker of the House of 
Representatives (in consultation with the Minority Leader of 
the House of Representatives) and the President pro tempore of 
the Senate (in consultation with the Minority Leader of the 
Senate), acting jointly, the Capitol Police Board shall 
prescribe regulations to carry out this section.
      (c) This section shall expire on September 30, 2002.
    Sec. 913. (a) Notwithstanding any other provision of law, 
the United States Capitol Preservation Commission established 
under section 801 of the Arizona-Idaho Conservation Act of 1988 
(40 U.S.C. 188a) may transfer to the Architect of the Capitol 
amounts in the Capitol Preservation Fund established under 
section 803 of such Act (40 U.S.C. 188a-2) if the amounts are 
to be used by the Architect for the planning, engineering, 
design, or construction of the Capitol Visitor Center.
    (b) Any amounts transferred pursuant to subsection (a) 
shall remain available for the use of the Architect of the 
Capitol until expended.
    (c) This section shall apply with respect to fiscal year 
2002 and each succeeding fiscal year.
    Sec. 914. (a) In accordance with the authority described in 
section 308(a) of the Legislative Branch Appropriations Act, 
1988 (40 U.S.C. 166b-3a(a)), section 108 of the Legislative 
Branch Appropriations Act, 1991 (40 U.S.C. 166b-3b), as amended 
by section 129(c)(1) of the Legislative Branch Appropriations 
Act, 2002, is amended by adding at the end the following new 
subsection:
    ``(c) The Architect of the Capitol may fix the rate of 
basic pay for not more than 4 positions for Executive Project 
Directors whose salary is payable from project funds, at a rate 
not to exceed 95 percent of the highest total rate of pay for 
the Senior Executive Service under subchapter VIII of chapter 
53 of title 5, United States Code, for the locality 
involved.''.
    (b) The amendment made by subsection (a) shall apply with 
respect to pay periods beginning on or after October 1, 2001.
    Sec. 915. (a) Public Law 107-68 is amended by adding at the 
end the following:
    ``This Act may be cited as the `Legislative Branch 
Appropriations Act, 2002'.''.
    (b) The amendment made by subsection (a) shall take effect 
as if included in the enactment of Public Law 107-68.
    Sec. 916. Section 102 of the Legislative Branch 
Appropriations Act, 2002 (Public Law 107-68) is amended--
            (1) in subsection (a), by striking paragraph (1) 
        and redesignating paragraphs (2) through (6) as 
        paragraphs (1) through (5), respectively;
            (2) in subsection (g)(1)--
                    (A) in subparagraph (A), by striking 
                ``subsection (i)(1)(A)'' and inserting 
                ``subsection (h)(1)(A)''; and
                    (B) in subparagraph (B), by striking 
                ``subsection (i)(1)(B)'' and inserting 
                ``subsection (h)(1)(B)''.
    Sec. 917. (a) Section 209 of the Legislative Branch 
Appropriations Act, 2002 (Public Law 107-68) is amended in the 
matter amending Public Law 106-173 by striking the quotation 
marks and period at the end of the new subsection (g) and 
inserting the following: ``Any reimbursement under this 
subsection shall be credited to the appropriation, fund, or 
account used for paying the amounts reimbursed.
    ``(h) Employment Benefits.--
            ``(1) In general.--The Commission shall fix 
        employment benefits for the Director and for additional 
        personnel appointed under section 6(a), in accordance 
        with paragraphs (2) and (3).
            ``(2) Employment benefits for the director.--
                    ``(A) In general.--The Commission shall 
                determine whether or not to treat the Director 
                as a Federal employee for purposes of 
                employment benefits. If the Commission 
                determines that the Director is to be treated 
                as a Federal employee, then he or she is deemed 
                to be an employee as that term is defined by 
                section 2105 of title 5, United States Code, 
                for purposes of chapters 63, 83, 84, 87, 89, 
                and 90 of that title, and is deemed to be an 
                employee for purposes of chapter 81 of that 
                title. If the Commission determines that the 
                Director is not tobe treated as a Federal 
employee for purposes of employment benefits, then the Commission or 
its administrative support service provider shall establish appropriate 
alternative employment benefits for the Director. The Commission's 
determination shall be irrevocable with respect to each individual 
appointed as Director, and the Commission shall notify the Office of 
Personnel Management and the Department of Labor of its determination. 
Notwithstanding the Commission's determination, the Director's service 
is deemed to be Federal service for purposes of section 8501 of title 
5, United States Code.
                    ``(B) Detailee serving as director.--
                Subparagraph (A) shall not apply to a detailee 
                who is serving as Director.
            ``(3) Employment benefits for additional 
        personnel.--A person appointed to the Commission staff 
        under subsection (b)(2) is deemed to be an employee as 
        that term is defined by section 2105 of title 5, United 
        States Code, for purposes of chapters 63, 83, 84, 87, 
        89, and 90 of that title, and is deemed to be an 
        employee for purposes of chapter 81 of that title.''.
    (b) The amendments made by this section shall take effect 
as if included in the enactment of the Legislative Branch 
Appropriations Act, 2002 (Public Law 107-68).
    Sec. 918. (a) Section 133(a) of the Legislative Branch 
Appropriations Act, 2002 (Public Law 107-68) is amended--
            (1) by striking ``90-day'' in paragraph (1) and 
        inserting ``180-day'', and
            (2) by striking ``90 days'' in paragraph (2)(C) and 
        inserting ``180 days''.
    (b) The amendments made by subsection (a) shall take effect 
as if included in the enactment of the Legislative Branch 
Appropriations Act, 2002 (Public Law 107-68).

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Military 
Construction, Army'', $20,700,000, to remain available until 
expended: Provided, That these funds shall be obligated from 
amounts made available in Public Law 107-38.

                      Military Construction, Navy

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

                    Military Construction, Air Force

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

                  Military Construction, Defense-Wide


                     (including transfer of funds)


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

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1001. (a) Availability of Amounts for Military 
Construction Relating to Terrorism.--Amounts made available to 
the Department of Defense from funds appropriated in Public Law 
107-38 and this Act may be used to carry out military 
construction projects, not otherwise authorized by law, that 
the Secretary of Defense determines are necessary to respond to 
or protect against acts or threatened acts of terrorism.
    (b) Notice to Congress.--Not later than 15 days before 
obligating amounts available under subsection (a) for military 
construction projects referred to in that subsection the 
Secretary shall notify the appropriate committees of Congress 
of the following:
            (1) The determination to use such amounts for the 
        project.
            (2) The estimated cost of the project and the 
        accompanying Form 1391.
    (c) Appropriate Committees of Congress Defined.--In this 
section the term ``appropriate committees of Congress'' has the 
meaning given that term in section 2801 (4) of title 10, United 
States Code.
    Sec. 1002. Section 138 of Public Law 106-246 is amended by 
striking ``$77,500,000'' and inserting in lieu ``$102,000,000 
for project completion''.
    Sec. 1003. Section 2202(a) of the National Defense 
Authorization Act for Fiscal Year 2002 is amended in the 
``Navy: Family Housing'' table, by striking ``Naval 
Construction Battalion Center, Gulfport'' and inserting ``Naval 
Station, Pascagoula''.

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                 Transportation Security Administration

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


                        payments to air carriers


                    (airport and airway trust fund)


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

                              Coast Guard


                           operating expenses


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

                    Federal Aviation Administration


                               operations


                    (airport and airway trust fund)


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


                        facilities and equipment


                    (airport and airway trust fund)


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


                 research, engineering, and development


                    (airport and airway trust fund)


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Research, 
Engineering, and Development'', $50,000,000, to be derived from 
the Airport and Airway Trust Fund, to remain available until 
September 30, 2003, and to be obligated from amounts made 
available in Public Law 107-38.


                       grants-in-aid for airports


                    (airport and airway trust fund)


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, notwithstanding 
any other provision of law, for ``Grants-in-aid for airports'', 
to enable the Federal Aviation Administrator to compensate 
airports for a portion of the direct costs associated with new, 
additional or revised security requirements imposed on airport 
operators by the Administrator on or after September 11, 2001, 
$175,000,000, to be derived from the Airport and Airway Trust 
Fund, to remain available until expended, and to be obligated 
from amounts made available in Public Law 107-38.

                     Federal Highway Administration


                      miscellaneous appropriations


                          (highway trust fund)


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for 
``Miscellaneous Appropriations'', including the operation and 
construction of ferries and ferry facilities, $100,000,000, to 
be derived from the Highway Trust Fund, to remain available 
until expended, and to be obligated from amounts made available 
in Public Law 107-38.


                          federal-aid highways


                        emergency relief program


                          (highway trust fund)


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for the 
``Emergency Relief Program'', as authorized by section 125 of 
title 23, United States Code, $75,000,000, to be derived from 
the Highway Trust Fund and to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38.

                    Federal Railroad Administration


                         safety and operations


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Safety and 
Operations'', $6,000,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38.


     capital grants to the national railroad passenger corporation


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for necessary 
expenses of capital improvements of the National Railroad 
Passenger Corporation as authorized by 49 U.S.C. 24104(a), 
$100,000,000, to remain available until expended, and to be 
obligated from amounts made available in Public Law 107-38.

                     Federal Transit Administration


                             formula grants


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Formula 
Grants'', $23,500,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-38.


                       capital investment grants


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Capital 
Investment Grants'', $100,000,000, to remain available until 
expended, and to be obligated from amounts made available in 
Public Law 107-38: Provided, That in administering funds made 
available under this paragraph, the Federal Transit 
Administrator shall direct funds to those transit agencies most 
severely impacted by the terrorist attacks of September 11, 
2001, excluding any transit agency receiving a Federal payment 
elsewhere in this Act: Provided further, That the provisions of 
49 U.S.C. 5309(h) shall not apply to funds made available under 
this paragraph.

              Research and Special Programs Administration


                     research and special programs


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Research 
and Special Programs,'' $2,500,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.

                      Office of Inspector General


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States and for other 
safety and security related audit and monitoring 
responsibilities, for ``Salaries and Expenses'', $1,300,000, to 
remain available until September 30, 2003, to be obligated from 
amounts made available in Public Law 107-38.

                             RELATED AGENCY

                  National Transportation Safety Board


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses,'' $650,000, to remain available until September 
30, 2003, to be obligated from amounts made available in Public 
Law 107-38.

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1101. Section 5117(b)(3) of the Transportation Equity 
Act for the 21st Century (Public Law 105-178; 112 Stat. 449; 23 
U.S.C. 502 note) is amended --
            (1) by redesignating subparagraphs (C), (D), and 
        (E) as subparagraphs (D), (F), and (G), respectively;
            (2) by inserting after subparagraph (B) the 
        following new subparagraph (C):
                    ``(C) Follow-on deployment.--(i) After an 
                intelligent transportation infrastructure 
                system deployed in an initial deployment area 
                pursuant to a contract entered into under the 
                program under this paragraph has received 
                system acceptance, the Department of 
                Transportation has the authority to extend the 
                original contract that was competitively 
                awarded for the deployment of the system in the 
                follow-on deployment areas under the contract, 
                using the same asset ownership, maintenance, 
                fixed price contract, and revenue sharing 
                model, and the same competitively selected 
                consortium leader, as were used for the 
                deployment in that initial deployment area 
                under the program.
                    ``(ii) If any one of the follow-on 
                deployment areas does not commit, by July 1, 
                2002, to participate in the deployment of the 
                system under the contract, then, upon 
                application by any of the other follow-on 
                deployment areas that have committed by that 
                date to participate in the deployment of the 
                system, the Secretary shall supplement the 
                funds made available for any of the follow-on 
                deployment areas submitting the applications by 
                using for that purpose the funds not used for 
                deployment of the system in the 
                nonparticipating area. Costs paid out of funds 
                provided in such a supplementation shall not be 
                counted for the purpose of the limitation on 
                maximum cost set forth in subparagraph (B).'';
            (4) by inserting after subparagraph (D), as 
        redesignated by paragraph (1), the following new 
        subparagraph (E):
                    ``(E) Definitions.--In this paragraph:
                            ``(i) The term `initial deployment 
                        area' means a metropolitan area 
                        referred to in the second sentence of 
                        subparagraph (A).
                            ``(ii) The term `follow-on 
                        deployment areas' means the 
                        metropolitan areas of Baltimore, 
                        Birmingham, Boston, Chicago, Cleveland, 
                        Dallas/Ft. Worth, Denver, Detroit, 
                        Houston, Indianapolis, Las Vegas, Los 
                        Angeles, Miami, New York/Northern New 
                        Jersey, Northern Kentucky/Cincinnati, 
                        Oklahoma City, Orlando, Philadelphia, 
                        Phoenix, Pittsburgh, Portland, 
                        Providence, Salt Lake, San Diego, San 
                        Francisco, St. Louis, Seattle, Tampa, 
                        and Washington, District of 
                        Columbia.''; and
            (5) in subparagraph (D), as redesignated by 
        paragraph (1), by striking ``subparagraph (D)'' and 
        inserting ``subparagraph (F)''.
    Sec. 1102. No appropriated funds or revenues generated by 
the National Railroad Passenger Corporation may be used to 
implement section 204(c)(2) of Public Law 105-134 until the 
Congress has enacted an Amtrak reauthorization Act.
    Sec. 1103. (a) Notwithstanding any other provision of law, 
of the funds authorized under section 110 of title 23, United 
States Code, for fiscal year 2002, no funds shall be available 
for the program authorized under section 1101(a)(11) of Public 
Law 105-178 and $29,542,304 shall be set aside for the project 
as authorized under title IV of the National Highway System 
Designation Act of 1995, as amended: Provided, That, if funds 
authorized under these provisions have been distributed then 
the amount so specified shall be recalled proportionally from 
those funds distributed to the States under section 
110(b)(4)(A) and (B) of title 23, United States Code.
    (b) Notwithstanding any other provision of law, for fiscal 
year 2002, funds available for environmental streamlining 
activities under section 104(a)(1)(A) of title 23, United 
States Code, may include making grants to, or entering into 
contracts, cooperative agreements, and other transactions, with 
a Federal agency, State agency, local agency, authority, 
association, nonprofit or for-profit corporation, or 
institution of higher education.
    (c) Notwithstanding any other provision of law, of the 
funds authorized under section 110 of title 23, United States 
Code, for fiscal year 2002, and made available for the National 
motor carrier safety program, $5,896,000 shall be for State 
commercial driver's license program improvements.
    (d) Notwithstanding any other provision of law, of the 
funds authorized under section 110 of title 23, United States 
Code, for fiscal year 2002, and made available for border 
infrastructure improvements, up to $2,300,000 shall be made 
available to carry out section 1119(d) of the Transportation 
Equity Act for the 21st Century, as amended.
    Sec. 1104. Notwithstanding any other provision of law, of 
the amounts appropriated in fiscal year 2002 for the Research 
and Special Programs Administration, $3,170,000 of funds 
provided for research and special programs shall remain 
available until September 30, 2004, and $22,786,000 of funds 
provided for the pipeline safety program derived from the 
pipeline safety fund shall remain available until September 30, 
2004.
    Sec. 1105. Item 1497 in the table contained in section 1602 
of the Transportation Equity Act for the 21st Century (112 
Stat. 312), relating to Alaska, is amended by inserting ``and 
construct capital improvements to intermodal marine freight and 
passenger facilities and access thereto'' before ``in 
Anchorage''.
    Sec. 1106. The Department of Transportation and Related 
Agencies Appropriations Act, 2002 is amended in section 330 by 
striking ``$144,000,000'' and inserting ``$148,300,000'' and in 
section 349 by striking ``$5,000,000'' and inserting 
``$9,300,000'' and by striking ``$120,323,000'' and inserting 
``$116,023,000''.
    Sec. 1107. Notwithstanding any other provision of law, none 
of the funds in the Department of Transportation and Related 
Agencies Appropriations Act, 2002 shall be available for 
salaries and expenses of more than 102 political and 
Presidential appointees in the Department of Transportation: 
Provided, That none of the funds in this Act, or any other 
Appropriations Act for fiscal year 2002, shall be available for 
the position of Under Secretary of Transportation for Policy or 
the position of Assistant Secretary for Public Affairs.
    Sec. 1108. Section 1511(b) of the Transportation Equity Act 
for the 21st Century (Public Law 105-178), as amended, is 
amended by striking ``Rhode Island'' and inserting in lieu 
thereof ``Rhode Island, and Texas'' and by inserting before the 
period in subsection (b)(1)(A)'', provided that Texas may not 
compete for funds previously allocated or appropriated to any 
other state''.

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

           Treasury Inspector General for Tax Administration


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $2,032,000, to remain available until expended, 
to be obligated from amounts made available by Public Law 107-
38.

                  Financial Crimes Enforcement Network


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $1,700,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38.

                Federal Law Enforcement Training Center


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $23,000,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.


      acquisition, construction, improvements and related expenses


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

                Bureau of Alcohol, Tobacco and Firearms


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $31,431,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38, of which $5,200,000 may be used for necessary 
expenses of site acquisition, construction, operations, 
maintenance and repair of the special purpose canine training 
facilities in Front Royal, Virginia.

                     United States Customs Service


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', to meet requirements, including technology, 
along the Northern Border, Southwest Border, and at critical 
seaports, $392,603,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-38: 
Provided, That of such amount, $245,503,000 shall not be 
available for obligation until 15 days after the United States 
Customs Service submits to the Committees on Appropriations and 
the Secretary of the Treasury a financial plan based upon a 
comprehensive assessment of the most effective uses of the 
Service's resources, including the funds provided in this Act, 
for protection along the Northern Border, Southwest Border, and 
at critical seaports: Provided further, That the Secretary of 
the Treasury is directed to review the activities proposed to 
be carried out with the funds subject to the previous proviso 
and notify the Committees on Appropriations of the findings of 
his review within 15 days of receipt of such plan.


  operation, maintenance and procurement, air and marine interdiction 
                                programs


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Operation, 
Maintenance and Procurement, Air and Marine Interdiction 
Programs'', $6,700,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-38.

                        Internal Revenue Service


                 processing, assistance, and management


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Processing, 
Assistance, and Management'', $12,990,000, to remain available 
until expended, to be obligated from amounts made available by 
Public Law 107-38.


                          tax law enforcement


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Tax Law 
Enforcement'', $4,544,000, to remain available until expended, 
to be obligated from amounts made available by Public Law 107-
38.


                          information systems


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Information 
Systems'', $15,991,000, to remain available until expended, to 
be obligated from amounts made available by Public Law 107-38: 
Provided, That of these amounts $13,548,000 is for a backup 
computer recovery system to be designed and constructed in 
close coordination with the business systems modernization 
effort of the Internal Revenue Service.

                      United States Secret Service


                         salaries and expenses


    For emergency expenses to respond to the September 11, 
2001, terrorist attacks on the United States, for ``Salaries 
and Expenses'', $104,769,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38.

                             POSTAL SERVICE

                   Payment to the Postal Service Fund

    For emergency expenses to the Postal Service Fund to enable 
the Postal Service to protect postal employees and postal 
customers from exposure to biohazardous material, to sanitize 
and screen the mail, and to replace or repair Postal Service 
facilities destroyed or damaged in New York City as a result of 
the September 11, 2001, terrorist attacks, $500,000,000, to 
remain available until expended, to be obligated from amounts 
made available in Public Law 107-38: Provided, That of the 
amounts appropriated, no funds shall be obligated for the 
purpose of sanitizing and screening the mail until the Postal 
Service submits to the Committees on Appropriations, the House 
Committee on Government Reform, and the Senate Committee on 
Governmental Affairs an emergency preparedness plan to combat 
the threat of biological and chemical substances in the mail, 
including a plan for expenditure of funds in support of the 
emergency preparedness plan.

                   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 is 
amended by striking ``Section 414(c)'' and inserting ``Section 
416(c)''.

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration


                       general operating expenses


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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                       community development fund


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

                     Management and Administration


                      office of inspector general


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

                          INDEPENDENT AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health


          national institute of environmental health sciences


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

                    Environmental Protection Agency


                         science and technology


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


                 environmental programs and management


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


                     hazardous substance superfund


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


                   state and tribal assistance grants


    For making grants for emergency expenses to respond to the 
September 11, 2001, terrorist attacks on the United States, and 
to support activities related to countering potential 
biological and chemical threats to populations, for ``State and 
tribal assistance grants'', $5,000,000, to remain available 
until expended, to be obligated from amounts made available in 
Public Law 107-38.
    The referenced statement of the managers under this heading 
in Public Law 107-73 is deemed to be amended by striking 
``Florida Department of Environmental Protection'' in reference 
to item number 92, and inserting ``Southwest Florida Water 
Management District''; and by striking ``Southeast'' in 
reference to item number 9, and inserting ``Southwest''.
    The referenced statement of the managers under this heading 
in Public Law 106-377 is deemed to be amended by striking 
``repairs to water and sewer lines'' in reference to item 
number 171 and inserting ``water and 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, to be obligated from amounts made available in 
Public Law 107-38.

                      National Science Foundation


                    research and related activities


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

                    GENERAL PROVISIONS, THIS CHAPTER

    Sec. 1301. (a) This section may be cited as the ``Unity in 
the Spirit of America Act'' or the ``USA Act''.
    (b) The National and Community Service Act of 1990 (42 
U.S.C. 12501 et seq.) is amended by inserting before title V 
the following:

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

``SEC. 401. PROJECTS.

    ``(a) Definition.--In this section, the term `Foundation' 
means the Points of Light Foundation funded under section 301, 
or another nonprofit private organization, that enters into an 
agreement with the Corporation to carry out this section.
    ``(b) Identification of Projects.--
            ``(1) Estimated number.--Not later than March 1, 
        2002, the Foundation, after obtaining the guidance of 
        the heads of appropriate Federal agencies, such as the 
        Director of the Office of Homeland Security and the 
        Attorney General, shall--
                    ``(A) make an estimate of the number of 
                victims killed as a result of the terrorist 
                attacks on September 11, 2001 (referred to in 
                this section as the `estimated number'); and
                    ``(B) compile a list that specifies, for 
                each individual that the Foundation determines 
                to be such a victim, the name of the victim and 
                the State in which the victim resided.
            ``(2) Identified projects.--The Foundation may 
        identify approximately the estimated number of 
        community-based national and community service projects 
        that meet the requirements of subsection (d). The 
        Foundation may name projects in honor of victims 
        described in subsection (b)(1)(A), after obtaining the 
        permission of an appropriate member of the victim's 
        family and the entity carrying out the project.
    ``(c) Eligible Entities.--To be eligible to have a project 
named under this section, the entity carrying out the project 
shall be a political subdivision of a State, a business, a 
nonprofit organization (which may be a religious organization), 
an Indian tribe, or an institution of higher education.
    ``(d) Projects.--The Foundation shall name, under this 
section, projects--
            ``(1) that advance the goals of unity, and 
        improving the quality of life in communities; and
            ``(2) that will be planned, or for which 
        implementation will begin, within a reasonable period 
        after the date of enactment of the Unity in the Spirit 
        of America Act, as determined by the Foundation.
    ``(e) Website and Database.--The Foundation shall create 
and maintain websites and databases, to describe projects named 
under this section and serve as appropriate vehicles for 
recognizing the projects.''.
    Sec. 1302. Within funds previously appropriated as 
authorized under the Native American Housing and Self 
Determination Act of 1996 (Pub. L. 104-330, Sec. 1(a), 110 
Stat. 4016) and made available to Cook Inlet Housing Authority, 
Cook Inlet Housing Authority may use up to $9,500,000 of such 
funds to construct student housing for Native college students, 
including an on-site computer lab and related study facilities, 
and, notwithstanding any provision of such Act to the contrary, 
Cook Inlet Housing Authority may use a portion of such funds to 
establish a reserve fund and to provide for maintenance of the 
project.
    Sec. 1303. Of the amounts made available under both the 
heading ``Housing certificate fund'' and the heading ``Salaries 
and expenses'' in title II of Public Law 107-73, not to exceed 
$11,300,000 shall be for the recordation and liquidation of 
obligations and deficiencies incurred in prior years in 
connection with the provision of technical assistance 
authorized under section 514 of the Multifamily Assisted 
Housing Reform and Affordability Act of 1997 (``section 514''), 
and notwithstanding any other provision of law, for new 
obligations for such technical assistance: Provided, That of 
the $11,300,000 made available, up to $1,300,000 shall be for 
reimbursement of vouchers submitted by section 514 grantees as 
of October 15, 2001: Provided further, That of the total amount 
provided under the heading ``Salaries and expenses'' in title 
II of Public Law 107-73, $500,000 shall be made available from 
salaries and expenses allocated to the Office of General 
Counsel and $1,000,000 shall be made available from salaries 
and expenses allocated to the Office of Multifamily Housing 
Assistance Restructuring in the Department of Housing and Urban 
Development for new obligations for the provision of technical 
assistance authorized under section 514: Provided further, That 
of the $11,300,000 provided under this section, no more than 
$10,000,000 shall be made available for new obligations for 
technical assistance under section 514: Provided further, That 
from amounts made available under this section, the Inspector 
General of the Department of Housing and Urban Development 
(``HUD Inspector General'') shall audit each provision of 
technical assistance obligated under the requirements of 
section 514 over the last 4 years: Provided further, That to 
the extent the HUD Inspector General determines that the use of 
any funding for technical assistance does not meet the 
requirements of section 514, the Secretary of Housing and Urban 
Development (``Secretary'') shall recapture any such funds: 
Provided further, That no funds appropriated under title II of 
Public Law 107-73 and subsequent appropriations acts for the 
Department of Housing and Urban Development shall be made 
available for four years to any entity (or any subsequent 
entity comprised of significantly the same officers) that has 
been identified as having violated the requirements of section 
514 by the HUD Inspector General: Provided further, That, 
notwithstanding any other provision of law, no funding for 
technical assistance shall be available for carryover from any 
previous year: Provided further, That the recordation and 
liquidation of obligations and deficiencies under this heading 
shall not pardon or release an officer or employee ofthe United 
States Government for an act or acts in violation of the Anti-
deficiency Act (31 U.S.C. 1341): Provided further, That the Secretary 
shall implement the provisions under this section in a manner that does 
not accelerate outlays.
    Sec. 1304. The referenced statement of the managers 
pertaining to economic development initiatives under the 
heading ``Community Development Fund'' in Public Law 107-73 is 
deemed to be amended by striking ``Willacacy County Boys and 
Girls Club in Willacacy County, Texas'' in reference to an 
appropriation for the Willacy County Boys and Girls Club, and 
inserting ``Willacy County Boys and Girls Club in Willacy 
County, Texas''; by striking ``Acres Home Community Development 
Corporation'' in reference to an appropriation in Houston, 
Texas, and inserting ``Old Acres Homes Citizens Council''; and 
by striking ``$250,000 to the Good Shepard School in Braddock, 
Pennsylvania for facility renovation;'' in reference to an 
appropriation in Braddock, Pennsylvania, and inserting 
``$250,000 for facility renovation, of which $50,000 is for the 
Good Shepard School in Braddock, Pennsylvania and $200,000 is 
for the Phipps Conservatory and Botanical Gardens in 
Pittsburgh, Pennsylvania;''.

                               CHAPTER 14

                   GENERAL PROVISIONS, THIS DIVISION

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

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

    Sec. 101. (a) Discretionary Spending Limits.--Section 
251(c)(6) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) for the discretionary category: 
                $681,441,000,000 in new budget authority and 
                $670,206,000,000 in outlays;'';
            (2) in subparagraph (C), by striking the second 
        ``and'' after the semicolon; and
            (3) in subparagraph (D), by striking 
        ``$1,232,000,000'' and inserting ``$1,473,000,000''.
    (b) Revised Aggregates and Allocations.--Upon the enactment 
of this section, the chairman of the Committee on the Budget of 
the House of Representatives and the chairman of the Committee 
on the Budget of the Senate shall each--
            (1) revise the aggregate levels of new budget 
        authority and outlays for fiscal year 2002 set in 
        sections 101(2) and 101(3) of the concurrent resolution 
        on the budget for fiscal year 2002 (H. Con. Res. 83, 
        107th Congress), to the extent necessary to reflect the 
        revised limits on discretionary budget authority and 
        outlays for fiscal year 2002 provided in subsection 
        (a);
            (2) revise allocations under section 302(a) of the 
        Congressional Budget Act of 1974 to the Committee on 
        Appropriations of their respective House as initially 
        set forth in the joint explanatory statement of 
        managers accompanying the conference report on that 
        concurrent resolution, to the extent necessary to 
        reflect the revised limits on discretionary budget 
        authority and outlays for fiscal year 2002 provided in 
        subsection (a); and
            (3) publish those revised aggregates and 
        allocations in the Congressional Record.
    (c) Repeal of Section 203 of Budget Resolution for Fiscal 
Year 2002.--Section 203 of the concurrent resolution on the 
budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress) 
is repealed.
    (d) Adjustments.--If, for fiscal year 2002, the amount of 
new budget authority provided in appropriation Acts exceeds the 
discretionary spending limit on new budget authority for any 
category due to technical estimates made by the Director of the 
Office of Management and Budget, the Director shall make an 
adjustment equal to the amount of the excess, but not to exceed 
an amount equal to 0.12 percent of the sum of the adjusted 
discretionary limits on new budget authority for all categories 
for fiscal year 2002.
    Sec. 102. Pay-As-You-Go Adjustment.--In preparing the final 
sequestration report for fiscal year 2002 required by section 
254(f)(3) of the Balanced Budget and Emergency Deficit Control 
Act of 1985, the Director of the Office of Management and 
Budget shall change any balance of direct spending and receipts 
legislation for fiscal years 2001 and 2002 under section 252 of 
that Act to zero.
    Sec. 103. When the President submits a budget of the United 
States Government under section 1105(a) of title 31, United 
States Code, for fiscal year 2003, he shall submit a report to 
the Congress that identifies any emergency-designated funding 
(pursuant to section 251(b)(2)(A) or section 252(e) of the 
Balanced Budget and Emergency Deficit Control Act of 1985) in 
legislation enacted after September 11, 2001, and before such 
submission in response to the events of September 11, 2001, 
that is of an ongoing and recurring nature.
    Sec. 104. (a) Adjustments made to the section 302(a) 
allocations pursuant to section 101(b) shall be deemed to be 
allocations set forth in the joint explanatory statement of 
managers accompanying the concurrent resolution on the budget 
for fiscal year 2002 for all purposes under titles III and IV 
of the Congressional Budget Act of 1974.
    (b) Repealer.--Section 221(d)(2) of the concurrent 
resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 
107th Congress, 1st session) is repealed.

                  DIVISION D--MISCELLANEOUS PROVISIONS

                 TITLE I--CONVEYANCE OF HOMESTAKE MINE

SEC. 101. SHORT TITLE.

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

SEC. 102. FINDINGS.

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

SEC. 103. DEFINITIONS.

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

SEC. 104. CONVEYANCE OF REAL PROPERTY.

    (a) In General.--
            (1) Delivery of documents.--Subject to paragraph 
        (2) and subsection (b) and notwithstanding any other 
        provision of law, on the execution and delivery by 
        Homestake of 1 or more quitclaim deeds or bills of sale 
        conveying to the State all right, title, and interest 
        of Homestake in and to the Mine, title to the Mine 
        shall pass from Homestake to the State.
            (2) Condition of mine on conveyance.--The Mine 
        shall be conveyed as is, with no representations as to 
        the condition of the property.
    (b) Requirements for Conveyance.--
            (1) In general.--The Administrator's acceptance of 
        the final report or certification of the independent 
        entity under paragraph (4) is a condition precedent of 
        the conveyance and of the assumption of liability by 
        the United States in accordance with this title.
            (2) Due diligence inspection.--
                    (A) In general.--As a condition precedent 
                of conveyance and of Federal participation 
                described in this title, Homestake shall permit 
                an independent entity to conduct a due 
                diligence inspection of the Mine to determine 
                whether any condition of the Mine may present 
                an imminent and substantial endangerment to 
                public health or the environment.
                    (B) Consultation.--As a condition precedent 
                of the conduct of a due diligence inspection, 
                the Administrator, in consultation with 
                Homestake, the South Dakota Department of 
                Environment and Natural Resources, and the 
                independent entity, shall define the 
                methodology and standards to be used, and other 
                factors to be considered, by the independent 
                entity in--
                            (i) the conduct of the due 
                        diligence inspection;
                            (ii) the scope of the due diligence 
                        inspection; and
                            (iii) the time and duration of the 
                        due diligence inspection.
                    (C) Participation by homestake.--Nothing in 
                this paragraph requires Homestake to 
                participate in the conduct of the due diligence 
                inspection.
            (3) Report to the administrator.--
                    (A) In general.--The independent entity 
                shall submit to the Administrator a report 
                that--
                            (i) describes the results of the 
                        due diligence inspection under 
                        paragraph (2); and
                            (ii) identifies any condition of or 
                        in the Mine that may present an 
                        imminent and substantial endangerment 
                        to public health or the environment.
                    (B) Procedure.--
                            (i) Draft report.--Before 
                        finalizing the report under this 
                        paragraph, the independent entity 
                        shall--
                                    (I) issue a draft report;
                                    (II) submit to the 
                                Administrator, Homestake, and 
                                the State a copy of the draft 
                                report;
                                    (III) issue a public notice 
                                requesting comments on the 
                                draft report that requires all 
                                such comments to be filed not 
                                later than 45 days after 
                                issuance of the public notice; 
                                and
                                    (IV) during that 45-day 
                                public comment period, conduct 
                                at least 1 public hearing in 
                                Lead, South Dakota, to receive 
                                comments on the draft report.
                            (ii) Final report.--In the final 
                        report submitted to the Administrator 
                        under this paragraph, the independent 
                        entity shall respond to, and 
                        incorporate necessary changes suggested 
                        by, the comments received on the draft 
                        report.
            (4) Review and approval by administrator.--
                    (A) In general.--Not later than 60 days 
                after receiving the final report under 
                paragraph (3), the Administrator shall--
                            (i) review the report; and
                            (ii) notify the State in writing of 
                        acceptance or rejection of the final 
                        report.
                    (B) Conditions for rejection.--The 
                Administrator may reject the final report if 
                the report discloses 1 or more conditions 
                that--
                            (i) as determined by the 
                        Administrator, may present an imminent 
                        and substantial endangerment to the 
                        public health or the environment and 
                        require a response action; or
                            (ii) otherwise make the conveyance 
                        in section 104, or the assumption of 
                        liability, the release of liability, or 
                        the indemnification in section 106 
                        contrary to the public interest.
                    (C) Response actions and certification.--
                            (i) Response actions.--
                                    (I) In general.--If the 
                                Administrator rejects the final 
                                report, Homestake may carry out 
                                or bear the cost of, or permit 
                                the State or another person to 
                                carry out or bear the cost of, 
                                such response actions as are 
                                necessary to correct any 
                                condition identified by the 
                                Administrator under 
                                subparagraph (B)(i) that may 
                                present an imminent and 
                                substantial endangerment to 
                                public health or the 
                                environment.
                                    (II) Long-term response 
                                actions.--
                                            (aa) In general.--
                                        In a case in which the 
                                        Administrator 
                                        determines that a 
                                        condition identified by 
                                        the Administrator under 
                                        subparagraph (B)(i) 
                                        requires continuing 
                                        response action, or 
                                        response action that 
                                        can be completed only 
                                        as part of the final 
                                        closure of the 
                                        laboratory, it shall be 
                                        a condition of 
                                        conveyance that 
                                        Homestake, the State, 
                                        or another person 
                                        deposit into the Fund 
                                        such amount as is 
                                        estimated by the 
                                        independent entity, on 
                                        a net present value 
                                        basis and after taking 
                                        into account estimated 
                                        interest on that basis 
                                        to be sufficient to pay 
                                        the costs of the long-
                                        term response action or 
                                        the response action 
                                        that will be completed 
                                        as part of the final 
                                        closure of the 
                                        laboratory.
                                            (bb) Limitation on 
                                        use of funds.--None of 
                                        the funds deposited 
                                        into the Fund under 
                                        item (aa) shall be 
                                        expended for any 
                                        purpose other than to 
                                        pay the costs of the 
                                        long-term response 
                                        action, or the response 
                                        action that will be 
                                        completed as part of 
                                        the final closure of 
                                        the Mine, identified 
                                        under that item.
                            (ii) Contribution by homestake.--
                        The total amount that Homestake may 
                        expend, pay, or deposit into the Fund 
                        under subclauses (I) and (II) of clause 
                        (i) shall not exceed--
                                    (I) $75,000,000; less
                                    (II) the fair value of the 
                                Mine as determined under 
                                section 105(a).
                            (iii) Certification.--
                                    (I) In general.--After any 
                                response actions described in 
                                clause (i)(I) are carried out 
                                and any required funds are 
                                deposited under clause (i)(II), 
                                the independent entity may 
                                certify to the Administrator 
                                that the conditions for 
                                rejection identified by the 
                                Administrator under 
                                subparagraph (B) have been 
                                corrected.
                                    (II) Acceptance or 
                                rejection of certification.--
                                Not later than 60 days after an 
                                independent entity makes a 
                                certification under subclause 
                                (I), the Administrator shall 
                                accept or reject the 
                                certification.
    (c) Review of Conveyance.--For the purposes of the 
conveyance, the requirements of this section shall be 
considered to be sufficient to meet any requirement of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.).

SEC. 105. ASSESSMENT OF PROPERTY.

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

SEC. 106. LIABILITY.

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

SEC. 107. INSURANCE COVERAGE.

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

SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.

    (a) Establishment.--On completion of the conveyance, the 
State shall establish, in an interest-bearing account at an 
accredited financial institution located within the State, the 
Environment and Project Trust Fund.
    (b) Amounts.--The Fund shall consist of--
            (1) an annual deposit from the operation and 
        maintenance funding provided for the laboratory in an 
        amount to be determined--
                    (A) by the State, in consultation with the 
                Administrator and the Scientific Advisory 
                Board; and
                    (B) after taking into consideration--
                            (i) the nature of the projects and 
                        experiments being conducted at the 
                        laboratory;
                            (ii) available amounts in the Fund;
                            (iii) any pending costs or claims 
                        that may be required to be paid out of 
                        the Fund; and
                            (iv) the amount of funding required 
                        for future actions associated with the 
                        closure of the facility;
            (2) an amount determined by the State, in 
        consultation with the Administrator and the Scientific 
        Advisory Board, and to be paid by the appropriate 
        project sponsor, for each project to be conducted, 
        which amount--
                    (A) shall be used to pay--
                            (i) costs incurred in removing from 
                        the Mine or laboratory equipment or 
                        other materials related to the project;
                            (ii) claims arising out of or in 
                        connection with the project; and
                            (iii) if any portion of the amount 
                        remains after paying the expenses 
                        described in clauses (i) and (ii), 
                        other costs described in subsection 
                        (c); and
                    (B) may, at the discretion of the State, be 
                assessed--
                            (i) annually; or
                            (ii) in a lump sum as a 
                        prerequisite to the approval of the 
                        project;
            (3) interest earned on amounts in the Fund, which 
        amount of interest shall be used only for a purpose 
        described in subsection (c); and
            (4) all other funds received and designated by the 
        State for deposit in the Fund.
    (c) Expenditures From Fund.--Amounts in the Fund shall be 
used only for the purposes of funding--
            (1) waste and hazardous substance removal or 
        remediation, or other environmental cleanup at the 
        Mine;
            (2) removal of equipment and material no longer 
        used, or necessary for use, in conjunction with a 
        project conducted at the laboratory;
            (3) a claim arising out of or in connection with 
        the conducting of such a project;
            (4) purchases of insurance by the State as required 
        under section 107;
            (5) payments for and other costs relating to 
        liability described in section 106; and
            (6) closure of the Mine and laboratory.
    (d) Federal Payments From Fund.--The United States--
            (1) to the extent the United States assumes 
        liability under section 106--
                    (A) shall be a beneficiary of the Fund; and
                    (B) may direct that amounts in the Fund be 
                applied to pay amounts and costs described in 
                this section; and
            (2) may take action to enforce the right of the 
        United States to receive 1 or more payments from the 
        Fund.
    (e) No Requirement of Deposit of Public Funds.--Nothing in 
this section requires the State to deposit State funds as a 
condition of the assumption by the United States of liability, 
or the relief of the State or Homestake from liability, under 
section 106.

SEC. 109. WASTE ROCK MIXING.

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

SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.

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

SEC. 111. CONTINGENCY.

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

SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

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

SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.

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

SEC. 114. CONSENT DECREES.

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

SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 116. CONGRESSIONAL BUDGET ACT.

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

               TITLE II--GENERAL PROVISION, THIS DIVISION

    Sec. 201. Trustees of the John F. Kennedy Center for the 
Performing Arts. (a) Membership.--Section 2(a) of the John F. 
Kennedy Center Act (20 U.S.C. 76h(a)) is amended--
            (1) by striking ``There is hereby'' and inserting 
        the following:
            ``(1) In general.--There is''; and
            (2) by striking the second sentence and inserting 
        the following:
            ``(2) Membership.--The Board shall be composed of--
                    ``(A) the Secretary of Health and Human 
                Services;
                    ``(B) the Librarian of Congress;
                    ``(C) the Secretary of State;
                    ``(D) the Chairman of the Commission of 
                Fine Arts;
                    ``(E) the Mayor of the District of 
                Columbia;
                    ``(F) the Superintendent of Schools of the 
                District of Columbia;
                    ``(G) the Director of the National Park 
                Service;
                    ``(H) the Secretary of Education;
                    ``(I) the Secretary of the Smithsonian 
                Institution;
                    ``(J)(i) the Speaker and the Minority 
                Leader of the House of Representatives;
                    ``(ii) the chairman and ranking minority 
                member of the Committee on Public Works and 
                Transportation of the House of Representatives; 
                and
                    ``(iii) 3 additional Members of the House 
                of Representatives appointed by the Speaker of 
                the House of Representatives;
                    ``(K)(i) the Majority Leader and the 
                Minority Leader of the Senate;
                    ``(ii) the chairman and ranking minority 
                member of the Committee on Environment and 
                Public Works of the Senate; and
                    ``(iii) 3 additional Members of the Senate 
                appointed by the President of the Senate; and
                    ``(L) 36 general trustees, who shall be 
                citizens of the United States, to be appointed 
                in accordance with subsection (b).''.
    (b) Terms of Office for New General Trustees.--Section 2(b) 
of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall 
apply to each general trustee of the John F. Kennedy Center for 
the Performing Arts whose position is established by the 
amendment made by subsection (a)(2) (referred to in this 
subsection as a ``new general trustee''), except that the 
initial term of office of each new general trustee shall--
            (1) commence on the date on which the new general 
        trustee is appointed by the President; and
            (2) terminate on September 1, 2007.
    This Act may be cited as the ``Department of Defense and 
Emergency Supplemental Appropriations for Recovery from and 
Response to Terrorist Attacks on the United States Act, 2002''.
    And the Senate agree to the same.

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

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

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

              Definition of Program, Project, and Activity

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

                      TITLE I--MILITARY PERSONNEL

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

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

                    Personnel Underexecution Savings

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

                   Permanent Change of Station Moves

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

                        Force Structure Changes

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

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


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

                                                                                                 
                                                                                                 
                          ARMY REORGANIZATION

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

                   INNOVATIVE SAFETY MANAGEMENT PILOT

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

                       UNUTILIZED PLANT CAPACITY

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

                      ROTC FACILITY REHABILITATION

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

                    ST. LOUIS ARMY AMMUNITION PLANT

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

                             OTHER PROGRAMS

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


                         ship depot maintenance

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

                  manual reverse osmosis desalinators

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

                              point molate

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


                   CONTAMINANT AIR PROCESSING SYSTEMS

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

                         INTERNATIONAL SUPPORT

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

                             OTHER PROGRAMS

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


                     Biofuels and Biobased Products

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

                    Defense Threat Reduction Agency

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

                                 DLAMP

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

               National Foreign Language Skills Registry

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

   Study on Intelligence Capabilities and Data Resources Integration

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

                    Base Communications Sustainment

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

                Assistance to Local Educational Agencies

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


                       Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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

                   Air Force Reserve Airlift Planning

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


                        Camp McCain, Mississippi

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

                  Center for Civil-Military Relations

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


                    Adjustments to Budget Activities

      Adjustments to the budget activities are as follows:

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

          Consolidated Interactive Virtual Information Center

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

             Overseas Contingency Operations Transfer Fund

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

          United States Court of Appeals for the Armed Forces

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

                    Environmental Restoration, Army

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

                    Environmental Restoration, Navy

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

                  Environmental Restoration, Air Force

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

                Environmental Restoration, Defense-Wide

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

         Environmental Restoration, Formerly Used Defense Sites

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

             Overseas Humanitarian, Disaster, and Civic Aid

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

        Support for International Sporting Competitions, Defense

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


                    Tactical Unmanned Aerial Vehicle

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


                  SBIRS High Radiation Hardened Parts

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


                               TELEPORTS

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

                     PATRIOT ADVANCED CAPABILITY--3

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


                        miscellaneous equipment

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

                  National Guard and Reserve Aircraft

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

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

                         Defense Production Act

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


       Army Venture Capital Science and Technology Demonstration

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

                     Hybrid Electric Drive Research

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

                  Starstreak-Stinger Operational Test

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

        Army High Performance Computing Research Center (AHPCRC)

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

                          Domed Housing Units

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


                                CCS-MK2

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

                         Joint Experimentation

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

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

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

                        Spray Cooling Technology

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


                       Ballistic Missile Defense

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

                   Theater High Altitude Area Defense

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

                      Satellite Sensor Technology

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

                     radiation hardened electronics

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

                      miniaturized wireless system

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

   challenge program for innovative technology in defense acquisition

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


                    implementing dsb recommendations

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

                TITLE V--REVOLVING AND MANAGEMENT FUNDS

      The conference agreement is as follows:

                                            [In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
                                                   Budget           House            Senate         Conference
----------------------------------------------------------------------------------------------------------------
Defense Working Capital Funds.............        $1,951,986        $1,524,986       $1,826,986       $1,312,986
National Defense Sealift Fund.............           506,408           412,708          407,408          432,408
                                           ---------------------------------------------------------------------
      Total, Related Agencies.............         2,458,394         1,937,694        2,234,394        1,745,394
----------------------------------------------------------------------------------------------------------------

                     Defense Working Capital Funds

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

                     NATIONAL DEFENSE SEALIFT FUND

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

                       Strategic Sealift Capacity

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

                        Mobile Deployable Assets

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

             T1TLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

      The conference agreement is as follows:

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

                                                                                                 
                                                                                                 
                             Reprogramming

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

                 Peer Reviewed Medical Research Program

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

                   Tricare: Next Generation Contracts

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

            CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

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

----------------------------------------------------------------------------------------------------------------

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

                                                                                                     
                                                                                                     
             Program Manager for Chemical Demilitarization

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

                 Anniston Chemical Destruction Facility

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

         DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

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


                       National Guard Activities

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

                    Office of the Inspector General

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

                      TITLE VII--RELATED AGENCIES

      The conference agreement is as follows:

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

               Intelligence Community Management Account

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

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

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

                     TITLE VIII--GENERAL PROVISIONS

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

                              [Rescissions]

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

      The conferees included a general provision (Section 8062) 
which amends Senate language earmaking $10,200,000 in 
``Operation and Maintenance, Air Force'' to realign railroad 
track on Elmendorf Air Force Base and Fort Richardson.
      The conferees included a general provision (Section 8087) 
which amends Senate language appropriating $3,500,000 for the 
American Red Cross.
      The conferees included a general provision (Section 8092) 
which amends Senate language which makes available funds in 
``Research, Development, Test and Evaluation, Navy'' for a 
Maritime Fire Training Center at Barbers Point.
      The conferees included a general provision (Section 8095) 
which amends language reducing military personnel and operation 
and maintenance accounts by $240,000,000 to reflect savings 
from favorable foreign currency fluctuations.
      The conferees included a general provision (Section 8102) 
which amends Senate language reducing by $262,000,000 the total 
amount appropriated in title II of this Act to reduce cost 
growth in travel.
      The conferees included a general provision (Section 8111) 
which amends language appropriating $8,500,000 for the United 
Service Organizations.
      The conferees included a general provision (Section 8112) 
which amends language making funds available for establishing 
an ARROW production capability in the United States and for 
adjusting the cost-sharing agreement with the Israeli 
government.
      The conferees included a general provision (Section 8116) 
which amends Senate language appropriating $4,500,000 for the 
Fort Des Moines Memorial Park and Education Center.
      The conferees included a general provision (Section 8117) 
which amends language appropriating $4,250,000 for the National 
D-Day Museum.
      The conferees included a general provision (Section 8119) 
which amends House language appropriating $1,700,000 for Fisher 
Houses.
      The conferees included a general provision (Section 8120) 
which amends Senate language which provides authority for the 
establishment of a memorial to Dwight D. Eisenhower and 
appropriates $2,600,000 for the Dwight D. Eisenhower Memorial 
Commission.
      The conferees included a general provision (Section 8121) 
which amends House language which provides $1,700,000 for 
transfer to the Department of Energy for a proposed study to 
examine the feasibility of a zero emissions, steam injection 
process.
      The conferees included a general provision (Section 8122) 
which amends Senate language appropriating $8,000,000 for the 
settlement of claims associated with the Air Force contract, 
Clear Radar Upgrade, at Clear Air Force Station, Alaska.
      The conferees included a general provision (Section 8125) 
which amends Senate language establishing a new Regional 
Counter
terrorism Fellowship program to be administered by the 
Secretary of Defense. The conferees expect the Department of 
Defense to coordinate this program with the State Department 
and specifically recommend that it keep the relevant United 
States Ambassadors informed.
      The conferees included a general provision (Section 8126) 
which amends language to adjust applicable years for negotiated 
settlement for a request for equitable adjustment for the C-17 
program.
      The conferees included a general provision (Section 8129) 
which amends language to fund prior year shipbuilding cost 
increases.
      The conferees included a general provision (Section 8130) 
which amends language which provides for the transfer of funds 
from shipbuilding and conversion programs.
      The conferees included a new general provision (Section 
8135) which amends House language reducing funds available in 
operation and maintenance accounts by $105,000,000 to reflect 
fact of life changes in utilities costs.
      The conferees included a new general provision (Section 
8136) which amends House language earmarking $2,100,000 from 
``Operation and Maintenance, Air Force'' for repair, 
restoration, and preservation of the Lafayette Escadrille 
Memorial.
      The conferees included a new general provision (Section 
8137) which amends House language designating the World War I 
Memorial in the Mojave National Preserve as a national 
memorial.
      The conferees included a new general provision (Section 
8138) which amends House language which appropriates $4,200,000 
for ``Operation and Maintenance, Navy'' for the preservation of 
the U.S.S. Alabama as a museum and memorial.
      The conferees included a new general provision (Section 
8139) which amends House language which appropriates $4,250,000 
for ``Operation and Maintenance, Navy'' for the preservation of 
the U.S.S. Intrepid as a museum and memorial.
      The conferees included a new general provision (Section 
8140) which amends House language appropriating $4,200,000 for 
``Operation and Maintenance, Air Force'' for the relocation of 
the Fairchild Air Force Base school within the boundary of 
Fairchild Air Force Base.
      The conferees included a new general provision (Section 
8141) which amends House language appropriating $3,500,000 for 
``Operation and Maintenance, Navy'' for the Central Kitsap 
School district in Washington State for a special needs 
learning center.
      The conferees included a new general provision (Section 
8142) which amends House language appropriating $8,500,000 for 
the City of San Bernardino, California.
      The conferees do not include a new House general 
provision (Section 8137) which prohibits the establishment of 
an independent operational test bed system and/or the transfer 
or certain UAVs from the Navy to the Joint Forces Command. The 
House agrees to recede from this recommendation with the 
understanding that the Navy will not transfer the Predator UAV 
assets. Instead, the Secretary of the Navy shall ensure that 
the Commander of Joint Forces Command receives priority in use 
of the Predator UAV assets and associated equipment when needed 
to support the joint operational test bed development and 
testing.
      The conferees included a new general provision (Section 
8145) which amends House language which extends the waiver of 
Operation and Maintenance investment limitations to activities 
funded in fiscal year 2000.
      The conferees included a new general provision (Section 
8146) which amends House language reducing funds available in 
operation and maintenance accounts by $100,000,000 to reflect 
savings attributed to improved scrutiny and supervision in 
using government purchase cards.
      The conferees included a new general provision (Section 
8147) which amends House language appropriating $2,500,000 for 
a DoD/VA Consolidation Study.
      The conferees included a new general provision (Section 
8149) which amends House language reducing funds available in 
``Operation and Maintenance, Army'' by $5,000,000 to reflect 
efficiencies in Army acquisition management.
      The conferees included a new general provision (Section 
8150) which amends House language which earmarks $25,000,000 to 
establish an Army Venture Capital Investment Corporation.
      The conferees included a new general provision (Section 
8154) which amends House language earmarking funds for payments 
of expenses incurred by the Commission on the Future of the 
United States Aerospace Industry.
      The conferees included a general provision (Section 8158) 
which amends Senate language appropriating $15,000,000 for the 
Citadel, Charleston, South Carolina.
      The conferees included a new general provision (Section 
8159) which amends Senate language to expand the Multiyear 
Aircraft Lease Pilot Program.
      The conferees included a new general provision (Section 
8160) which amends Senate language which earmarks funds for 
road repairs and safety improvements at Camp McCain, 
Mississippi.
      The conferees included a new general provision (Section 
8161) which amends Senate language which earmarks funds for the 
renovation of the Broadway Armory.
      The conferees included a new general provision (Section 
8163) which amends Senate language which provides funds for the 
Armed Forces Retirement Home.
      The conferees included a general provision (Section 8165) 
which amends Senate language directing that sufficient funds 
may remain available to sustain the Defense Leadership and 
Management Program through fiscal year 2002 and pay the fixed 
costs for the facility in Southbridge, Massachusetts.
      The conferees included a new general provision (Section 
8169) which amends Senate language which provides $3,500,000 
for ``Operation and Maintenance, Defense-Wide'' for impact aid 
for children with severe disabilities.
      The conferees included a new general provision (Section 
8171) which amends Senate language requiring a report on the 
progress toward implementation of comprehensive nuclear threat 
reduction programs to safeguard Pakistani and Indian nuclear 
stockpiles and technology.


                     Unconventional Nuclear Threat

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

               Armed Forces Institute of Pathology (AFIP)

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

            Weapons of Mass Destruction Civil Support Teams

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

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

                  Local Emergency Communications Gear

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

                  Chemical-Biological Medical Training

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

                  Former Soviet Union Threat Reduction

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

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

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                        Office of the Secretary

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

        Agriculture Buildings and Facilities and Rental Payments

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

                     Agricultural Research Service

                         Salaries and Expenses

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

                        BUILDINGS AND FACILITIES

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

      Cooperative State Research, Education, and Extension Service

                   RESEARCH AND EDUCATION ACTIVITIES

      The conference agreement does not provide $50,000,000 for 
Research and Education activities of the Cooperation State 
Research, Education, and Extension Service as proposed by the 
Senate. The House had no similar provision.

               Animal and Plant Health Inspection Service

                         SALARIES AND EXPENSES

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

                        BUILDINGS AND FACILITIES

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

                   Food Safety and Inspection Service

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

                       Food and Nutrition Service

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

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         SALARIES AND EXPENSES

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

                           INDEPENDENT AGENCY

                  Commodity Futures Trading Commission

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

                    General Provisions, This Chapter

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

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                         General Administration

                       USA PATRIOT Act Activities

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

                   Administrative Review and Appeals

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

                            Legal Activities

            Salaries and Expenses, General Legal Activities

      The conference agreement includes $12,500,000 for General 
Legal Activities, as proposed in the House bill, and instead of 
$21,250,000 as proposed in the Senate bill. Of the amount 
provided, $4,800,000 is for the Criminal Division and 
$7,700,000 is for administrative expenses associated with the 
Office of the Special Master. The conferees note that 
$7,090,000 was provided in P.L. 107-77 for the Computer Crime 
and Intellectual Property Section under General Legal 
Activities for cyber security activities.

             Salaries and Expenses, United States Attorneys

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

         Salaries and Expenses, United States Marshals Service

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

                              Construction

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

                    Federal Bureau of Investigation

                         Salaries and Expenses

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

                 Immigration and Naturalization Service

                         Salaries and Expenses

                     Enforcement and Border Affairs

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

                              Construction

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

                       Office of Justice Programs

                           Justice Assistance

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

Justice assistance

                         [Dollars in Thousands]

Office of Justice Programs, Justice Assistance:
    Aircraft for NYC for counterterrorism and other 
      required activities...............................          $9,800
    Capital Wireless Integrated Network in the 
      Washington Metropolitan area......................          20,000
Training Programs:
    Center for Domestic Preparedness, Ft. McClellan, 
      Alabama...........................................          17,000
    Nat'l Energetic Materials Research and Testing 
      Center, New Mexico................................          11,500
    Nat'l Emergency Response and Rescue Training Ctr, 
      Texas A&M.........................................;          11,500
    Nat'l Exercise, Test, and Training Center, Nevada 
      Test Site.........................................          11,500
    Nat'l Center for Bio-Med Research, Training, 
      Louisiana State University........................          11,500
    Training Grants and Support.........................          16,000
Exercises:
    Exercise Grants/Support to States/Exercise Mgmt.....          33,900
    TOPOFF II...........................................           4,000
    Program Evaluation/After Action Analysis............           5,000
    Technical Assistance................................           8,000
    Management and Administration.......................           8,000
    Formula Grants......................................         212,300
    Prepositioned Equipment.............................          20,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total, Justice Assistance.........................         400,000

               State and Local Law Enforcement Assistance

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

State and local law enforcement assistance

                         [Dollars in Thousands]

Virginia:
    Fairfax County......................................         $12,000
    City of Alexandria..................................           8,000
    City of Fairfax.....................................           1,500
    City of Falls Church................................             500
    Loudoun County......................................           4,300
    City of Manassas....................................           1,500
    Manassas Park.......................................             500
    Virginia State Police for counterterrorism measures.          13,900
    Arlington County....................................          16,000
    Prince William County...............................           4,300
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal for Virginia.............................          62,500
                    ========================================================
                    ____________________________________________________
New Jersey:
    New Jersey State Police Radio System................          30,000
    Jersey City Police for modernization for a 
      communications system.............................          10,700
    Newark, New Jersey Police Department for security 
      equipment.........................................           5,000
    City of Newark, New Jersey..........................           5,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal for New Jersey...........................          50,700
                    ========================================================
                    ____________________________________________________
Maryland:
    Interoperability of communications, IT systems......           7,020
    Upgrades to the technology infrastructure and 
      coordination between the Federal, State and local 
      law enforcement and public health agencies to 
      prevent and respond to a biochemical attack on the 
      Washington, DC region.............................          10,573
    Add and equip with robots four additional bomb squad 
      units and provide for the rapid response of those 
      units.............................................           3,468
    Crime laboratory equipment and training.............               9
    Police field operations equipment...................             508
    Baltimore Washington Airport bomb and canine teams..             986
    Prince George's County, MD for disaster preparedness           7,885
    Montgomery County, MD for major incident 
      preparedness......................................           8,551
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal for Maryland.............................          39,000
                    ========================================================
                    ____________________________________________________
New York:
    New York City for Counterrorism Preparedness 
      Training and Equipment............................          28,680
    New York City Law Enforcement Telecommunications and 
      Computers.........................................           9,560
    New York City Security Enhancements.................           9,560
    New York Statewide Wireless Network.................          24,000
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal for New York.............................          71,800
                    ========================================================
                    ____________________________________________________
Pennsylvania: Major incident preparedness...............           5,000
CyberSecurity Initiative................................           5,000
Utah Olympics Public Safety Command.....................          17,100
                    --------------------------------------------------------
                    ____________________________________________________
      Total, State and Local Law Enforcement Assistance.         251,100

                           Crime Victims Fund

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

                         Department of Commerce

                   International Trade Administration

                     Operations and Administration

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

                         Export Administration

                     operations and administration

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

       National Telecommunications and Information Administration

    public telecommunications facilities, planning and construction

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

               United States Patent and Trademark Office

                         salaries and expenses

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

             National Institute of Standards and Technology

             scientific and technical research and services

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

                  construction of research facilities

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

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

                         Department Management

                         salaries and expenses

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

                             The Judiciary

                   Supreme Court of the United States

                    care of the building and grounds

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

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

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

                             court security

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

            Adminstrative Office of the United States Courts

                         Salaries and Expenses

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

                 Department of State and Related Agency

                             Related Agency

                    Broadcasting Board of Governors

                 International Broadcasting Operations

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

                   Broadcasting Capital Improvements

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

                            Related Agencies

                Equal Employment Opportunity Commission

                         Salaries and Expenses

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

                   Securities and Exchange Commission

                         Salaries and Expenses

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

                     Small Business Administration

                     Business Loans Program Account

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

                     Disaster Loans Program Account

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

                    General Provisions--This Chapter

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

                               CHAPTER 3

                    DEPARTMENT OF DEFENSE--MILITARY

                       Operation and Maintenance

                    defense emergency response fund

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

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

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

                          Classified Programs

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

                        Pentagon Reconstruction

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

                  Former Soviet Union Threat Reduction

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

                       Quick Reaction Activities

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

              Blast Modeling--Visualization and Mitigation

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

      U.S. Army Medical Research Institute for Infectious Diseases

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

            Future Requests for Supplemental Appropriations

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

                 Defense Emergency Response Fund Report

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

                    General Provisions--This Chapter

      The conference agreement includes a general provision 
(Section 301) which retains a provision proposed in the 
supplemental request, and amended in the House bill, which 
establishes the terms and conditions under which funds 
appropriated under the heading ``Defense Emergency Response 
Fund'' may be used, provides transfer authority for these 
funds, and includes a number of reporting requirements.
      The conference agreement includes a general provision 
(Section 302) which amends a similar provision proposed in the 
supplemental request, and in the House and Senate bills, which 
allows funds in the appropriations account ``Support for 
International Sporting Competitions, Defense'' to be used to 
reimburse members of the National Guard while performing State 
active duty or full-time National Guard duty, and temporarily 
waives the requirement to obtain certification from the 
Attorney General for the Department's assistance to the 2002 
Winter Olympic Games in order to meet safety and security 
needs.
      The conference agreement includes a general provision 
(Section 303) which provides that funds appropriated by this 
Act, or made available by the transfer of funds in this Act, 
for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 of the 
National Security Act of 1947 (50 U.S.C. 414).
      The conference agreement includes a general provision 
(Section 304) identified by Administration officials, which 
provides that not to exceed $100,000,000 of funds in the 
Defense Emergency Response Fund may be made available for 
payments to Pakistan and Jordan for support in connection with 
Operation Enduring Freedom. The conferees direct that funds 
subject to this provision do not include funds in this Act, and 
are limited only to those funds previously made available in 
Public Law 107-38 and formally allocated to the Department of 
Defense consistent with that Act's notifications by the 
President to the Congress.
      The conference agreement includes a general provision 
(Section 305) regarding the reconstruction of the Pentagon, as 
discussed earlier in this statement.
      The conference agreement includes a general provision 
(Section 306) providing additional transfer authority to the 
Operation and Maintenance accounts of the Department of 
Defense, if required to meet costs incurred in support of 
Operations Enduring Freedom and Noble Anvil.

                               CHAPTER 4

                          DISTRICT OF COLUMBIA

                             FEDERAL FUNDS

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

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

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

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

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

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

  Federal Payment to the District of Columbia for Pharmaceuticals for 
                               Responders

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

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

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

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

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

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

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

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

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

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

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

   Federal Payment to the District of Columbia for Emergency Traffic 
                               Management

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

 Federal Payment to the District of Columbia for Training and Planning

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

  Federal Payment to the District of Columbia for Increased Facility 
                                Security

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

 Federal Payment to the Washington Metropolitan Area Transit Authority

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

 Federal Payments to the Metropolitan Washington Council of Governments

      The conference agreement appropriates $5,000,000 to 
remain available until September 30, 2003 as proposed by the 
Senate to enhance regional emergency preparedness, coordination 
and response and to develop a comprehensive regional emergency 
preparedness, coordination and response plan. The House bill 
contained no similar appropriation. The conferees request an 
interim report on the status of the comprehensive regional plan 
by September 30, 2002, and a final report by September 30, 
2003.

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

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

                       District of Columbia Funds

                          Division of Expenses

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

                    General Provisions--This Chapter

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

                               CHAPTER 5

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

                   operation and maintenance, general

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

                       DEPARTMENT OF THE INTERIOR

                         Bureau of Reclamation

                      water and related resources

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

                          DEPARTMENT OF ENERGY

                            Energy Programs

                             energy supply

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

                    Atomic Energy Defense Activities

                National Nuclear Security Administration

                           weapons activities

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

                    defense nuclear nonproliferation

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

               environmental and other defense activities

         defense environmental restoration and waste management

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

                        other defense activities

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

                           Independent Agency

                     Nuclear Regulatory Commission

                         salaries and expenses

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

                    General Provisions--This Chapter

      Sec. 501. The conference agreement includes a provision 
proposed by the Senate which provides that up to $500,000 may 
be available to the Secretary of Energy for safety improvements 
to roads along the shipping route to the Waste Isolation Pilot 
Plant site. These funds are to be made available from funds 
provided to the Carlsbad Office.
      Sec. 502. The conference agreement includes a technical 
correction proposed by the Senate to provide $400,000 to 
initiate construction on Nutwood Levee, Illinois, project. This 
project was improperly described in the Energy and Water 
Development Appropriations Act, 2002.
      Sec. 503. The conference agreement includes a provision 
proposed by the Senate amending the Reclamation Safety of Dams 
Act of 1978.
      Sec. 504. The conference agreement includes a technical 
correction proposed by the Senate relating to the Jicarilla, 
New Mexico, municipal water system. This project was included 
under the wrong account in the Energy and Water Development 
Appropriations Act, 2002.
      Sec. 505. The conference agreement includes a provision 
proposed by the House relating to the Occoquan Creek, Virginia, 
project.

                               CHAPTER 6

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  Agency for International Development

                   International Disaster Assistance

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

                               CHAPTER 7

                       DEPARTMENT OF THE INTERIOR

                         National Park Service

                 Operation of the National Park System

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

                       United States Park Police

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

                              Construction

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

                          Departmental Offices

                        Departmental Management

                         Salaries and Expenses

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

                            Related Agencies

                        smithsonian institution

                         salaries and expenses

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

                        national gallery of art

                         salaries and expenses

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

             john f. kennedy center for the performing arts

                       operations and maintenance

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

                  national capital planning commission

                         salaries and expenses

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

                    General Provisions, This Chapter

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

                               CHAPTER 8

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

      The conference agreement provides $32,500,000 as proposed 
by both the House and the Senate for the Consortium for Worker 
Education, established by the New York City Central Labor 
Council and the New York City Partnership, for an emergency 
employment clearinghouse.

     State Unemployment Insurance and Employment Service Operations

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

                     Workers Compensation Programs

      The conference agreement provides $175,000,000 as 
proposed by both the House and the Senate for workers 
compensation programs. Included in this amount is $125,000,000 
for payment to the New York State Workers Compensation Review 
Board, $25,000,000 for payment to the New York State Uninsured 
Employers Fund for reimbursement of claims related to the 
terrorist attacks and $25,000,000 for payment to the New York 
State Uninsured Employers Fund for reimbursement of claims 
related to first response emergency services personnel who were 
injured, were disabled, or died due to the terrorist attacks.

              Pension and Welfare Benefits Administration

                         salaries and expenses

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

             Occupational Safety and Health Administration

                         salaries and expenses

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

                        Departmental Management

                         salaries and expenses

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

               Centers for Disease Control and Prevention

                disease control, research, and training

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

                        Office of the Secretary

            public health and social services emergency fund

      The conference agreement provides $140,000,000 for Grants 
for Immediate Response as proposed by the Senate. The House 
bill contained no similar provision.These funds shall be 
distributed as grants to help pay for healthcare-related costs incurred 
by organizations as a result of the September 11, 2001 terrorist 
attacks. These funds are to be allocated based upon the most current 
data available, with priority and without caps, to applicants that, by 
virtue of their proximity to an attack zone, the number of patients 
served, or the provision of specialized services such as trauma care, 
participated most directly in disaster response efforts. These funds 
are not available for costs that have otherwise been reimbursed or are 
eligible for reimbursement from other sources.
      The conference agreement also provides $2,504,314,000 for 
emergency expenses to respond to the September 11, 2001 
terrorist attacks and for other expenses necessary to support 
activities related to countering potential biological, disease, 
and chemical threats to civilian populations. This is 
$1,013,714,000 above the request.
      The agreement includes $865,000,000 for upgrading State 
and local capacity instead of $423,000,000 as proposed by the 
House and $1,000,000,000 as proposed by the Senate. The 
conferees concur with language in the House report recommending 
that a portion of this funding be provided under the authority 
of sections 319B, 319C, and 319F of the Public Health Service 
Act, as amended.
      The conferees believe that a portion of this funding 
should be available immediately to meet the needs of State and 
local health departments as a result of the September 11, 2001 
attacks and other subsequent events related to terrorism. The 
conferees also believe that a portion of this funding should be 
granted under the authority of the Public Health Threats and 
Emergencies Act, which calls for assessments of public health 
needs, provides grants to State and local public health 
agencies to address core public health capacity needs, and 
provides assistance to State and local health agencies to 
enable them to respond effectively to bioterrorist attacks. The 
Secretary is requested to provide the House and Senate 
Committees on Appropriations with a plan to distribute this 
funding within 15 days of enactment of this Act. The conferees 
concur with language contained in the House report directing 
the Secretary to provide a report on the State of the Nation's 
public health and medical preparedness for bioterrorism.
      The conferees further believe that the peer review of 
competitive grants required under 319C, while desirable under 
normal circumstances, should be waived, at the discretion of 
the Secretary, to expedite funding to address gaps in public 
health preparedness.
      In administering assistance for enhancing laboratory 
capacity, the conferees request CDC to ensure that funds are 
made available, to the greatest extent possible, to all 
laboratories participating in the Laboratory Response Network 
and in need of capacity upgrades, as well as to labs in need of 
upgrades in order to be brought into the network.
      The agreement includes $135,000,000 for grants to 
hospitals and other entities to assist hospitals and emergency 
departments in preparing for, and responding to, incidents 
requiring mass immunization and treatment. This funding would 
allow State and regional planning with local hospitals, 
including community health centers. It would also allow some 
communities to move beyond the planning phase and begin 
implementation of their plans. The conferees urge the Secretary 
to ensure that plans and activities supported with these funds 
are integrated and coordinated with State and local plans.
      The agreement includes $100,000,000 for upgrading 
capacity at CDC. The agreement provides that up to $10,000,000 
of these funds shall be for the tracking and control of 
biological pathogens. Funds are also included to update and 
enhance existing laboratory protocols for use by State and 
local health laboratories, to increase CDC's capacity to handle 
additional laboratory samples from States, to enhance epidemic 
intelligence service/disaster response teams, to develop rapid 
toxic screening and other activities. The agreement also 
includes $7,500,000 for environmental hazard control activities 
conducted by CDC.
      The conferees understand that CDC is presently utilizing 
microbial characterization technology that provides an 
automated genetic fingerprint of any bacterium, has the 
capacity to process a large volume of samples in a short time 
frame, and can electronically communicate identified bacterial 
ribotypes from multiple laboratory locations for centralized 
identification. This diagnostic technology could assist in 
redressing laboratory processing backlogs and improving disease 
surveillance, including rapid detection of a multiple-location 
bioagent release. The conferee surge CDC to accelerate 
evaluation of this technology.
      The agreement includes $85,000,000 for bioterriorism-
related research, including next-generation vaccine research at 
the National Institute of Allergy and Infectious Diseases 
(NIAID). The conferees encourage NIAID to conduct research on 
safer alternatives to the existing smallpox vaccine, such as a 
vaccine using an inactivated smallpox virus.
      The agreement also provides $70,000,000 for the 
construction of a level-4 biosafety laboratory and related 
infrastructure costs at NIAID. In addition, $71,000,000 is 
included for improving laboratory security at CDC and the 
National Institutes of Health. This is in addition to the 
$250,000,000 provided in the CDC's appropriation for buildings 
and facilities in the Departments of Labor, Health and Human 
Services, and Education and Related Agencies Appropriations Act 
for fiscal year 2002. The conferees understand that the 
Department has under review recommendations to expand the 
number of facilities in the country to work with infectious 
agents and pathogens that posesignificant risk to the 
population. The conferees concur that additional facilities are needed. 
The conferees are aware of a proposal to improve and modernize existing 
facilities and to complete construction of a new level-3 biosafety 
laboratory at Colorado State University in Fort Collins, Colorado. The 
conferees strongly urge the Secretary to support this proposal.
      The agreement includes $593,000,000 for the National 
Pharmaceutical Stockpile and $512,000,000 for the purchase of 
the smallpox vaccine. The conferees note that if we suffer a 
major biological terror attack, such as introduction of 
smallpox into multiple regions of the country, we will need to 
vaccinate large numbers of Americans very quickly. The 
conferees are aware that technology exists and has been 
employed by the military to more rapidly inoculate large 
groups. The conferees urge CDC to consider employing this 
technology so that it is available in large cities and other 
areas where the need is greatest.
      The agreement includes $55,814,000 for the Office of the 
Secretary. These funds are for improving disaster medical 
assistance teams, national disaster medical system readiness, 
and other activities related to the coordination of the 
Department's activities concerning bioterrorism preparedness 
and response.
      The agreement includes $10,000,000 for the Substance 
Abuse and Mental Health Services Administration for grants 
pursuant to section 582 of the Public Health Service Act to 
develop programs focusing on the behavioral and biological 
aspects of psychological trauma response and for developing 
knowledge with regard to evidence-based practices for treating 
psychiatric disorders of children and youth resulting from 
witnessing or experiencing a traumatic event.
      The agreement includes language to allow the Secretary to 
transfer these amounts between categories subject to normal 
reprogramming procedures as proposed by the Senate. The House 
bill contained no similar provision.

                        DEPARTMENT OF EDUCATION

                      school improvement programs

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

                            RELATED AGENCIES

                     National Labor Relations Board

                         salaries and expenses

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

                     Social Security Administration

                 limitation on administrative expenses

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

                               CHAPTER 9

                           Legislative Branch

                              Joint Items

                     (Including Transfer of Funds)

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

                Administrative Provisions--This Chapter

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

                               CHAPTER 10

                         DEPARTMENT OF DEFENSE

                         MILITARY CONSTRUCTION

                      Military Construction, Army

      The conference agreement provides $20,700,000 for 
Military Construction, Army, instead of $55,700,000 as proposed 
by the House. This funding will provide $4,600,000 for a 
classified overseas project as requested by the President. The 
additional funding will provide $7,000,000 for a classified 
project in Utah, and $9,100,000 for three anti-terrorism/force 
projection projects at Fort Detrick in Maryland. The Senate did 
not include a similar provision.
      California: Fort Ord.--The conferees are aware that the 
Army will convey two parcels of land the former Fort Ord, 
California, to the Fort Ord Reuse Authority (FORA) in the 
future. The City of Seaside, which is a member of FORA, will 
receive these parcels and could use the land to provide 
recreational opportunities to disadvantaged youth. 
Unfortunately, a feasibility study that will determine the 
environmental remediation needed on the site is not scheduled 
for completion until 2005. The conferees would support FORA 
requesting an early transfer of this property, which would 
hasten the clean up of the property and therefore the 
conveyance of the property for these purposes.
      United States Army South Headquarters.--The conferees 
understand that the Army has completed a study regarding a 
potential move of the United States Army South Headquarters 
from Fort Buchanan, Puerto Rico to Army bases in the 
continental United States. The conferees direct that any 
proposed relocation must be consistent with the mission and 
geographic orientation of the U.S. Army South and in accordance 
with and Army decision brief reviewing the various site 
alternatives and recommending the preferred site. The conferees 
further direct that the Army provide the House and Senate 
Appropriations Committees the results of that study and any 
further updates.
      The conferees further direct the Army to report to the 
committee no later than February 28, 2002, the following 
concerning this relocation: the number of military and civilian 
personnel to be moved; the estimated cost; selection criteria 
and analysis of alternatives; and, any changes to the current 
plan.

                      Military Construction, Navy

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

                    Military Construction, Air Force

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

                  Military Construction, Defense-wide

                     (Including Transfer of Funds)

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

                    General Provisions--This Chapter

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

                               CHAPTER 11

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                 TRANSPORTATION SECURITY ADMINISTRATION

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

                        Payments to Air Carriers

                    (airport and airway trust fund)

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

                              Coast Guard

                           Operating Expenses

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

        Item                                                      Amount
Reserve activation......................................    $110,000,000
Restoration of fiscal year 2002 reductions..............      33,507,000
Anti-terrorism activities, including marine safety and 
    security teams......................................      41,293,000
Chemical/biological strike teams........................       2,500,000
National Defense Authorization Act entitlements.........      21,850,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     209,150,000

      Marine safety and security teams.--The conferees agree 
that funding for marine safety and security teams is for 
establishment of 348 full-time permanent positions for four new 
teams, including two teams with area-wide operating 
responsibility (one each for the Atlantic and Pacific operating 
areas) and two teams to exclusively serve those port areas 
presenting the greatest port security challenges, especially 
those ports with a substantial concentration of critical 
Department of Defense facilities and a shortage of alternative 
floating assets. The Senate bill included funds for two area-
wide teams and four teams for specific ports. The conferees 
have no objection to the Commandant co-locating the area-wide 
teams with the port specific teams if he believes that 
economies of scale and programmatic benefits will result.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

                    (Airport and Airway Trust Fund)

      The conference agreement includes $200,000,000 instead of 
$291,500,000 as proposed by the House and $251,000,000 as 
proposed by the Senate. Funds are available until September 30, 
2003 as proposed by the Senate instead of available until 
expended as proposed by the House. Funds are derived from the 
airport and airway trust fund as proposed by the Senate instead 
of from the general fund as proposed by the House. The 
conference agreement distributes funds as follows:
        Item                                                      Amount
Cockpit door modifications..............................    $100,000,000
Sky marshals............................................      65,000,000
Security experts........................................      20,000,000
Training facilities.....................................      15,000,000
                    --------------------------------------------------------
                    ____________________________________________________
      Total.............................................     200,000,000

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

                        Facilities and Equipment

                    (Airport and Airway Trust Fund)

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

                 Research, Engineering, and Development

                    (Airport and Airway Trust Fund)

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

                       Grants-in-Aid for Airports

                    (Airport and Airway Trust Fund)

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

                     FEDERAL HIGHWAY ADMINISTRATION

                      Miscellaneous Appropriations

                          (highway trust fund)

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

                          Federal-Aid Highways

                        Emergency Relief Program

                          (highway trust fund)

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

                    Federal Railroad Administration

                         Safety and Operations

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

     capital grants to the national railroad passenger corporation

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

                     Federal Transit Administration

                             Formula Grants

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

                       Capital Investment Grants

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

              Research and Special Programs Administration

                     research and special programs

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

                      Office of Inspector General

                         Salaries and Expenses

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

                             Related Agency

                  National Transportation Safety Board

                         salaries and expenses

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

                    General Provisions--This Chapter

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

                               CHAPTER 12

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

           Treasury Inspector General for Tax Administration

                         Salaries and Expenses

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

                  Financial Crimes Enforcement Network

                         Salaries and Expenses

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

                Federal Law Enforcement Training Center

                         Salaries and Expenses

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

      Acquisition, Construction, Improvements and Related Expenses

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

                      Financial Management Service

                         Salaries and Expenses

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

                Bureau of Alcohol, Tobacco and Firearms

                         Salaries and Expenses

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

                     United States Customs Service

                         Salaries and Expenses

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

  Operation, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

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

                        Internal Revenue Service

                 Processing, Assistance, and Management

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

                          Tax Law Enforcement

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

                          Information Systems

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

                      United States Secret Service

                         Salaries and Expenses

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

                             Postal Service

                   Payment to the Postal Service Fund

      The conferees agree to provide $500,000,000 for emergency 
expenses of the Postal Service instead of $600,000,000 as 
proposed by the Senate and no funding as proposed by the House. 
The conferees agree that these funds shall be obligated for the 
purpose of protecting postal employees and postal customers 
from exposure to biohazards material, to sanitize and screen 
mail, and to replace or repair Postal Service facilities 
destroyed or damaged in New Your City as a result of the 
September 11, 2001, terrorist attacks. The conferees note that 
the Postal Service has not received a direct appropriation for 
operations for nearly two decades. Nonetheless, the conferees 
acknowledge the extraordinary circumstances surrounding 
biohazardous material in the mail and have provided this 
emergency supplemental appropriation to address these specific 
security concerns. In providing these emergency funds, the 
conferees do not intend to set a precedent for operational 
subsidies of the Postal Service. The conferees continue to 
support current law requirements that the Postal Service 
operate on a self-sustaining basis.
      The conferees are aware that the recent incidents of 
anthrax in the mail pose both technology-based and process-
based challenges for the Postal Service; the conferees commend 
the Postal Service for its on-going efforts and are pleased 
with the progress made to date. The conferees further believe 
that additional actions taken by the Postal Service should be 
based on a comprehensive emergency preparedness plan and, of 
the funds provided, have withheld from obligation funds for 
sanitizing and screening the mail until the Postal Service 
submits such a plan to the Committees on Appropriations, the 
House Committee on Government Reform and the Senate Committee 
on Governmental Affairs.
      As part of its emergency preparedness plan, the conferees 
expect the Postal Service to include an assessment of threats 
to the health and safety of employees and customers of the 
Postal Service and the integrity of the mail; testing and 
evaluating the options for detecting and/or addressing those 
threats, including both technology-based and process-based 
options; a comparison of the costs and benefits of options 
under consideration; an evaluation of the strengths and 
weaknesses of the technologies under consideration for mail 
sanitization, including an analysis of risks to human health 
and safety and to mail products associated with each of those 
technologies; and a timetable for implementing the options 
selected.

                   Executive Office of the President

                        Office of Administration

                         Salaries and Expenses

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

EOP estimated obligations

                         [Dollars in thousands]

Move Related (less IT):
    Sensitive Compartmentalized Information Facility....          $3,500
    Telecommunciations Costs............................           3,000
    Move and Facilities Cost............................           2,500
    Systems Furniture...................................           2,500
    Office Rent.........................................           1,903
    Additional 20 FTE...................................           1,325
    Space Renovation....................................           1,000
    Second Print Shop...................................           1,000
    Overtime............................................             500
    Additional Copiers and Fax Machines (including 
      maintenance)......................................             110
    Additional Safes and Shredders......................              75
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal--Move Related............................          17,413
                    ========================================================
                    ____________________________________________________
Information Technology:
    Enhance Information Technology Reliability..........          15,000
    Additional IT Intrusion Security....................           3,000
    EOP-Wide Teleconferencing Capability................           3,000
    Information Security................................             700
    Anti-Hacking Software...............................             400
    Dedicated Technician Support........................             350
    Network Components..................................              61
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal--Information Technology..................          22,511
                    ========================================================
                    ____________________________________________________
Emergency Response:
    Air Quality, Building Modifications and 
      Communications Installs, Backup Power, and Voice 
      Announcers........................................           8,019
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal--Emergency Response......................           8,019
                    ========================================================
                    ____________________________________________________
Uncategorized Misc.:
    Enhance Telecommunications..........................           1,000
    Additional White House Operators (10)...............             600
    Reorganization of RDS Warehouse.....................             250
    Temporary Data Entry Personnel in WHO Correspondence             164
    Paper...............................................              44
    Catridges and Copier Supplies.......................              20
    General Office Supplies.............................              20
                    --------------------------------------------------------
                    ____________________________________________________
      Subtotal--Uncategorized Misc......................           2,098

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

                          Independent Agencies

                    General Services Administration

                        Real Property Activities

                         federal buildings fund

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

              National Archives and Records Administration

                           operating expenses

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

                        repairs and restoration

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

                    General Provision, This Chapter

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

                               CHAPTER 13

                     DEPARTMENT OF VETERANS AFFAIRS

                      Departmental Administration

                       general operating expenses

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

                      construction, major projects

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

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development

                       community development fund

      The conference agreement includes $2,000,000,000 from 
funds appropriated in Public Law 107-38 for economic recovery 
assistance for affected areas in New York City as proposed by 
the Senate, instead of $1,875,000,000 as proposed by the House.
      The conference agreement includes language designating 
$10,000,000 for a program to aid the travel and tourism 
industry in New York City as proposed by the House.
      Modified language is included, similar to language 
proposed by the Senate, requiring the Lower Manhattan 
Redevelopment Corporation to develop criteria and process 
applications for the distribution of funds made available under 
Community Development Fund from funds provided in Public Law 
107-38. Modified language is also included, similar to language 
proposed by the Senate, requiring the corporation to process 
expeditiously applications for assistance. The conferees expect 
the corporation to make every effort to respond to applications 
from individuals, nonprofits and small businesses for economic 
losses within 45 days of submission of an application.
      Modified language is also included, similar to language 
proposed by the Senate, designating not less than $500,000,000 
of the $2,700,000,000 made available for the Community 
Development Fund from amounts provided in Public Law 107-38 for 
assistance to individuals, nonprofits and small businesses 
located on or south of 14th Street, with a limitation of 
$500,000 per small businesses.
      The conferees adopt the language included in the Senate 
report related to semi-annual audits by the Inspector General 
of the Department of Housing and Urban Development. In lieu of 
the requirement in the Senate report related to reports related 
to disposition of claims, the conferees instead direct the 
Department of Housing and Urban Development to provide 
quarterly reports to the Committees on Appropriations on the 
obligation and expenditure of these funds.
      The conferees recognize the unique benefits the New York 
Board of Trade (NYBOT) brings to the economy of the City of New 
York, as well as to the country. In this regard, the conferees 
strongly encourage the Corporation to consider the needs of the 
NYBOT as it allocates assistance provided from the Community 
Development Fund.

                     Management and Administration

                      office of inspector general

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

                          INDEPENDENT AGENCIES

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                     National Institutes of Health

          national institute of environmental health sciences

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

                    Environmental Protection Agency

                         science and technology

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

                 environmental programs and management

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

                     hazardous substance superfund

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

                   state and tribal assistance grants

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

                  Federal Emergency Management Agency

                            disaster relief

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

                         salaries and expenses

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

              emergency management planning and assistance

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

             National Aeronautics and Space Administration

                           human space flight

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

                  science, aeronautics and technology

      The conferees agree to provide $32,500,000 for science, 
aeronautics and technology, instead of $36,500,000 as proposed 
by the House and $28,600,000 as proposed by the Senate. The 
amount provided includes $12,000,000 for information security, 
$15,000,000 for security and counterintelligence and $5,500,000 
for communications capability.

                           office of security

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

                      Office of Inspector General

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

                      National Science Foundation

                    Research and Related Activities

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

                    General Provisions, This Chapter

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

                               CHAPTER 14

                           General Provisions

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

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

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

                  DIVISION D--MISCELLANEOUS PROVISIONS

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

                               DIVISION A

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

                       [In thousands of dollars]

New budget (obligational) authority, fiscal year 2001...    $298,515,154
Budget estimates of new (obligational) authority, fiscal 
    year 2002...........................................     319,547,116
House bill, fiscal year 2002............................     317,624,089
Senate bill, fiscal year 2002...........................     317,623,483
Conference agreement, fiscal year 2002..................     317,623,747
Conference agreement compared with:
    New budget (obligational) authority, fiscal year 
      2001..............................................     +19,108,593
    Budget estimates of new (obligational) authority, 
      fiscal year 2002..................................      -1,923,369
    House bill, fiscal year 2002........................            -342
    Senate bill, fiscal year 2002.......................            +264

                               DIVISION B

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

                        [In thousands of dollars]

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

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

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