HR 3338 EH. Making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes.

HR 3338 EH

107th CONGRESS

1st Session

H. R. 3338

AN ACT

Making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2002, for military functions administered by the Department of Defense, and for other purposes, namely:

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $23,336,884,000.

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, $19,574,184,000.

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, $7,343,640,000.

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, $19,784,614,000.

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, $2,629,197,000.

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, $1,644,823,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $466,800,000.

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, $1,055,160,000.

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, $4,004,335,000.

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, $1,777,654,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

(including transfer of funds)

Provided

Provided further

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, $26,628,075,000.

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, $2,939,434,000.

Operation and Maintenance, Air Force

Provided

Operation and Maintenance, Defense-Wide

Provided

Provided further

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, $1,788,546,000.

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, $2,029,866,000.

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), $3,723,759,000.

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, $3,972,161,000.

Overseas Contingency Operations Transfer Fund

(including transfer of funds)

Provided

Provided further

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)

Provided

Provided further

Environmental Restoration, Navy

(including transfer of funds)

Provided

Provided further

Environmental Restoration, Air Force

(including transfer of funds)

Provided

Provided further

Environmental Restoration, Defense-Wide

(including transfer of funds)

Provided

Provided further

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

Provided

Provided further

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, $1,974,241,000, 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, $1,057,409,000, 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, $2,252,669,000, 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, $1,211,615,000, 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, $4,103,036,000, to remain available for obligation until September 30, 2004.

Aircraft Procurement, Navy

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $8,084,543,000, 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, $1,429,492,000, 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, $492,599,000, 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), $549,440,000;

Virginia Class Submarine, $1,578,914,000;

Virginia Class Submarine (AP), $684,288,000;

CVN Refueling Overhauls, $1,175,124,000;

CVN Refueling Overhauls (AP), $73,707,000;

Submarine Refueling Overhauls, $382,265,000;

Submarine Refueling Overhauls (AP), $77,750,000;

DDG-51, $3,786,036,000;

LPD-17 (AP), $286,330,000;

ADC(X), $370,818,000;

Outfitting, $297,230,000;

LCAC SLEP, $46,091,000;

Completion of Prior Year Ship Building Programs, $680,000,000;

Mine Hunter SWATH, $2,000,000;

Yard Oilers, $6,000,000;

Provided

Provided further

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 35 passenger motor vehicles for replacement only; and the purchase of 2 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $230,000 per vehicle; 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, $4,290,776,000, 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, $1,028,662,000, to remain available for obligation until September 30, 2004.

Aircraft Procurement, Air Force

For construction, procurement, 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, $10,549,798,000, 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, $2,918,118,000, 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, $866,844,000, 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 3 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $230,000 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, $7,856,671,000, 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, $1,387,283,000, to remain available for obligation until September 30, 2004.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $50,000,000, to remain available until expended.

National Guard and Reserve Equipment

Provided

Provided further

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, $7,115,438,000, to remain available for obligation until September 30, 2003.

Research, Development, Test and Evaluation, Navy

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $10,896,307,000, 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, $14,884,058,000, 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, $6,949,098,000, to remain available for obligation until September 30, 2003.

Operational Test and Evaluation, Defense

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $245,355,000, to remain available for obligation until September 30, 2003.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

Provided

National Defense Sealift Fund

Provided

Provided further

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, $18,277,403,000, of which $17,574,750,000 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 $434,738,000, to remain available for obligation until September 30, 2003, shall be for Research, development, test and evaluation, and of which $20,000,000 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

Provided

Provided further

Drug Interdiction and Counter-Drug Activities, Defense

(including transfer of funds)

Provided

Provided further

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)

Provided

Provided further

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, $25,000,000, to remain available until expended.

National Security Education Trust Fund

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

TITLE VIII

GENERAL PROVISIONS

SEC. 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

Provided

Provided further

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.

Provided

(transfer of funds)

Provided

Provided further

(transfer of funds)

Provided

Provided further

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.

Provided

Provided further

Funds appropriated in title III of this Act may be used for a C-17 multiyear procurement contract.

Provided

Provided further

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.

Provided

Provided further

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.

Provided

Provided further

Provided

(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.

Provided

Provided further

Provided

SEC. 8018. Funds available in this Act 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.

Provided

Provided further

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.

Provided

SEC. 8023. During the current fiscal year, 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

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. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this Act.

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.

Provided

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.

Provided

(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.

Provided

(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.

Provided

Provided further

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.

Provided

Provided further

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)

Provided

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.

Provided

Provided further

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 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).

SEC. 8049. None of the funds appropriated in this Act may be used to fill the commander's position at any military medical facility with a health care professional unless the prospective candidate can demonstrate professional administrative skills.

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

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.

SEC. 8053. 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) during fiscal year 2002 until the enactment of the Intelligence Authorization Act for Fiscal Year 2002.

Provided

(RESCISSIONS)

SEC. 8055. 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', $16,300,000;

`Aircraft Procurement, Air Force, 2000/2002', $8,500,000;

`Other Procurement, Air Force, 2000/2002', $20,000,000;

`Former Soviet Union Threat Reduction, 2001/2003', $32,000,000;

`Aircraft Procurement, Army, 2001/2003', $22,000,000;

`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', $35,000,000;

`Other Procurement, Navy, 2001/2003', $14,600,000;

`Procurement, Marine Corps, 2001/2003', $1,000,000;

`Aircraft Procurement, Air Force, 2001/2003', $19,300,000;

`Procurement of Ammunition, Air Force, 2001/2003', $5,800,000;

`Other Procurement, Air Force, 2001/2003', $16,800,000;

`Research, Development, Test and Evaluation, Army, 2001/2002', $16,300,000;

`Research, Development, Test and Evaluation, Navy, 2001/2002', $58,800,000;

`Research, Development, Test and Evaluation, Air Force, 2001/2002', $74,433,000; and

`Defense Health Program, 2001/2002', $4,000,000.

SEC. 8056. None of the funds available in this Act may be used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, the Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are a direct result of a reduction in military force structure.

SEC. 8057. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of North Korea unless specifically appropriated for that purpose.

Provided

Provided further

Provided

SEC. 8061. (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. 8062. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(transfer of funds)

SEC. 8063. Appropriations available in this Act under the heading `Operation and Maintenance, Defense-Wide' for increasing energy and water efficiency in Federal buildings may, during their period of availability, be transferred to other appropriations or funds of the Department of Defense for projects related to increasing energy and water efficiency, to be merged with and to be available for the same general purposes, and for the same time period, as the appropriation or fund to which transferred.

Provided

Provided further

SEC. 8065. Notwithstanding any other provision of law, funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to American Samoa, and funds available to the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in conjunction with a civil-military project.

SEC. 8066. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.

SEC. 8067. Notwithstanding any other provision of law, the Naval shipyards of the United States shall be eligible to participate in any manufacturing extension program financed by funds appropriated in this or any other Act.

Provided

SEC. 8070. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES AND SERVICES- Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b) unless the congressional defense committees, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer.

(b) COVERED ACTIVITIES- This section applies to--

(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and

(2) any other international peacekeeping, peace-enforcement, or humanitarian assistance operation.

(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.

(d) NATIONAL EMERGENCY OF SEPTEMBER 11, 2001- The 15-day prior notification period cited in subsection (a) shall not apply to any covered activity, operation or operations initiated as a result of the national emergency proclaimed by the President as a result of the terrorist attacks of September 11, 2001. For fiscal year 2002, the Department of Defense shall provide quarterly reports, in both unclassified and classified form, to the congressional defense committees, the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, of any transfers during the preceding quarter resulting from any covered activities, operation or operations exempted from the 15-day prior notification period by this subsection.

Provided

Provided further

SEC. 8072. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when--

(1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and

(2) such bonus is part of restructuring costs associated with a business combination.

SEC. 8073. (a) None of the funds appropriated or otherwise made available in this Act may be used to transport or provide for the transportation of chemical munitions or agents to the Johnston Atoll for the purpose of storing or demilitarizing such munitions or agents.

(b) The prohibition in subsection (a) shall not apply to any obsolete World War II chemical munition or agent of the United States found in the World War II Pacific Theater of Operations.

(c) The President may suspend the application of subsection (a) during a period of war in which the United States is a party.

SEC. 8074. None of the funds provided in title IX of this Act for `Former Soviet Union Threat Reduction' may be obligated or expended to finance housing for any individual who was a member of the military forces of the Soviet Union or for any individual who is or was a member of the military forces of the Russian Federation.

(including transfer of funds)

SEC. 8075. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading `Operation and Maintenance, Defense-Wide' may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code.

SEC. 8076. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading `Shipbuilding and Conversion, Navy' shall be considered to be for the same purpose as any subdivision under the heading `Shipbuilding and Conversion, Navy' appropriations in any prior year, and the 1 percent limitation shall apply to the total amount of the appropriation.

SEC. 8077. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if--

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account;

(2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and

Provided

Provided further

Provided

SEC. 8080. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

Provided

Provided further

SEC. 8082. Notwithstanding 31 U.S.C. 3902, during the current fiscal year, 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.

Provided

Provided further

SEC. 8084. The amount appropriated in this Act for `Operation and Maintenance, Navy', is hereby reduced by $245,000,000 to reflect a Navy Working Capital Fund cash balance and rate stabilization adjustment.

SEC. 8085. Notwithstanding any other provision in this Act, the total amount appropriated in this Act is hereby reduced by $527,000,000, to reflect working capital fund fuel price re-estimates and rate stabilization adjustments, to be derived as follows:

`Operation and Maintenance, Army', $35,000,000;

`Operation and Maintenance, Navy', $230,000,000;

`Operation and Maintenance, Marine Corps', $6,000,000;

`Operation and Maintenance, Air Force', $247,000,000; and

`Operation and Maintenance, Defense-Wide', $9,000,000.

SEC. 8086. None of the funds made available in this Act may be used to approve or license the sale of the F-22 advanced tactical fighter to any foreign government.

SEC. 8087. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country.

(b) Subsection (a) applies with respect to--

(1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and

(2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50-65) of the Harmonized Tariff Schedule and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

Provided

Provided further

SEC. 8090. None of the funds in this Act may be used to compensate an employee of the Department of Defense who initiates a new start program without notification to the Office of the Secretary of Defense, the Office of Management and Budget, and the congressional defense committees, as required by Department of Defense financial management regulations.

SEC. 8091. (a) PROHIBITION- None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken.

(b) MONITORING- The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces.

(c) WAIVER- The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances.

(d) REPORT- Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training program, the United States forces and the foreign security forces involved in the training program, and the information relating to human rights violations that necessitates the waiver.

SEC. 8092. The Secretary of Defense, in coordination with the Secretary of Health and Human Services, may carry out a program to distribute surplus dental equipment of the Department of Defense, at no cost to the Department of Defense, to Indian health service facilities and to federally-qualified health centers (within the meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).

SEC. 8093. The total amount appropriated in this Act is hereby reduced by $200,000,000 to reflect savings from favorable foreign currency fluctuations, to be derived as follows:

`Military Personnel, Army', $30,800,000;

`Military Personnel, Navy', $600,000;

`Military Personnel, Marine Corps', $7,800,000;

`Military Personnel, Air Force', $15,400,000;

`Reserve Personnel, Air Force', $8,400,000;

`National Guard Personnel, Army', $2,200,000;

`Operation and Maintenance, Army', $68,600,000;

`Operation and Maintenance, Navy', $14,400,000;

`Operation and Maintenance, Marine Corps', $1,000,000;

`Operation and Maintenance, Air Force', $26,400,000;

`Operation and Maintenance, Defense-Wide', $23,000,000; and

`Operation and Maintenance, Air Force Reserve', $1,400,000.

Provided

Provided further

SEC. 8096. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business.

Provided

Provided further

SEC. 8099. (a) During the current fiscal year, any refund described in subsection (b) may be credited to the operation and maintenance account of the Department of Defense that is current when the refund is received and that is available for the same purposes as the account originally charged.

(b) Subsection (a) applies to the following:

(1) Any refund attributable to the use of a Government travel card by a member of the Armed Forces or a civilian employee of the Department of Defense.

(2) Any refund attributable to the use of a Government Purchase card by a member of the Armed Forces or a civilian employee of the Department of Defense.

(3) Any refund attributable to official Government travel by a member of the Armed Forces or a civilian employee of the Department of Defense that is arranged by a Government Contracted Travel Management Center.

SEC. 8100. (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).

(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.

Provided

Provided further

SEC. 8102. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of `armor penetrator', `armor piercing (AP)', `armor piercing incendiary (API)', or `armor-piercing incendiary-tracer (API-T)', except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.

SEC. 8103. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under 10 U.S.C. 2667, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal non-profit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis.

Provided

Provided further

Provided

SEC. 8106. (a) The Department of Defense is authorized to enter into agreements with the Veterans Administration and federally-funded health agencies providing services to Native Hawaiians for the purpose of establishing a partnership similar to the Alaska Federal Health Care Partnership, in order to maximize Federal resources in the provision of health care services by federally-funded health agencies, applying telemedicine technologies. For the purpose of this partnership, Native Hawaiians shall have the same status as other Native Americans who are eligible for the health care services provided by the Indian Health Service.

(b) The Department of Defense is authorized to develop a consultation policy, consistent with Executive Order No. 13084 (issued May 14, 1998), with Native Hawaiians for the purpose of assuring maximum Native Hawaiian participation in the direction and administration of governmental services so as to render those services more responsive to the needs of the Native Hawaiian community.

(c) For purposes of this section, the term `Native Hawaiian' means any individual who is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now comprises the State of Hawaii.

SEC. 8107. In addition to the amounts provided elsewhere in this Act, the amount of $10,000,000 is hereby appropriated for `Operation and Maintenance, Defense-Wide', to be available, notwithstanding any other provision of law, only for a grant to the United Service Organizations Incorporated, a federally chartered corporation under chapter 2201 of title 36, United States Code. The grant provided under authority of this section is in addition to any grant provided for under any other provision of law.

SEC. 8108. Of the amounts appropriated in the Act under the heading, `Research, Development, Test and Evaluation, Ballistic Missile Defense Organization', $34,000,000 may 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 Defence of Israel for the Arrow Deployability Program.

SEC. 8109. Funds available to the Department of Defense for the Global Positioning System during the current fiscal year may be used to fund civil requirements associated with the satellite and ground control segments of such system's modernization program.

(including transfer of funds)

Provided

SEC. 8111. The Ballistic Missile Defense Organization and its subordinate offices and associated contractors, including the Lead Systems Integrator, shall notify the congressional defense committees 15 days prior to issuing any type of information or proposal solicitation for the Ground Based Midcourse Defense Segment with a potential annual contract value greater than $5,000,000 or a total contract value greater than $30,000,000.

Provided

Provided further

SEC. 8113. The Secretary of Defense may treat the opening of the Pacific Wing of the National D-Day Museum in New Orleans, Louisiana, as an official event of the Department of Defense for the purposes of the provision of support for ceremonies and activities related to that opening.

SEC. 8114. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to disbursements that are made by the Department of Defense in fiscal year 2002.

Provided

(including transfer of funds)

Provided

SEC. 8117. The total amount appropriated in this Act is reduced by $955,000,000, for efficiencies in the contractor work force, to be derived as follows:

`Operation and Maintenance, Army', $269,500,000;

`Operation and Maintenance, Navy', $157,200,000;

`Operation and Maintenance, Marine Corps', $23,900,000;

`Operation and Maintenance, Air Force', $180,200,000;

`Operation and Maintenance, Defense-Wide', $103,700,000;

`Operation and Maintenance, Army Reserve', $23,200,000;

`Operation and Maintenance, Navy Reserve', $3,300,000;

`Operation and Maintenance, Air Force Reserve', $31,200,000;

`Operation and Maintenance, Army National Guard', $53,600,000;

`Operation and Maintenance, Air National Guard', $52,500,000;

`Research, Development, Test and Evaluation, Army', $35,300,000;

`Research, Development, Test and Evaluation, Navy', $3,000,000;

`Research, Development, Test and Evaluation, Air Force', $15,700,000; and

`Research, Development, Test and Evaluation, Defense-Wide', $2,700,000.

SEC. 8118. 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).

Provided

(INCLUDING TRANSFER OF FUNDS)

Provided

Provided further

To:

Under the heading, `Shipbuilding and Conversion, Navy, 1995/2002': Carrier Replacement Program, $172,364,000;

Under the heading, `Shipbuilding and Conversion, Navy, 1996/2002': LPD-17 Amphibious Transport Dock Ship Program, $172,989,000;

Under the heading, `Shipbuilding and Conversion, Navy, 1997/2002': DDG-51 Destroyer Program, $37,200,000;

Under the heading, `Shipbuilding and Conversion, Navy, 1998/2002':

NSSN Program, $123,561,000;

DDG-51 Destroyer Program, $111,457,000;

Under the heading, `Shipbuilding and Conversion, Navy, 1999/2002': NSSN Program, $62,429,000.

(TRANSFER OF FUNDS)

Provided

Provided further

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)

Provided

Provided further

Provided

SEC. 8125. 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. 8126. The total amount appropriated in this Act is hereby reduced by $230,000,000 to reflect fact-of-life changes in utilities costs, to be derived as follows:

`Operation and Maintenance, Army', $75,900,000;

`Operation and Maintenance, Navy', $17,100,000;

`Operation and Maintenance, Marine Corps', $15,000,000;

`Operation and Maintenance, Air Force', $60,100,000;

`Operation and Maintenance, Defense-Wide', $9,800,000;

`Operation and Maintenance, Army Reserve', $6,000,000;

`Operation and Maintenance, Navy Reserve', $2,300,000;

`Operation and Maintenance, Marine Corps Reserve', $800,000;

`Operation and Maintenance, Air Force Reserve', $3,000,000;

`Operation and Maintenance, Army National Guard', $6,000,000;

`Operation and Maintenance, Air National Guard', $7,500,000;

`Drug Interdiction and Counter-Drug Activities, Defense', $800,000;

`Defense Working Capital Funds', $14,400,000; and

`Defense Health Program', $11,300,000.

SEC. 8127. Notwithstanding any other provision in this Act, the total amount appropriated in this Act is hereby reduced by $797,919,000, to reduce excess funded carryover, to be derived as follows:

`Operation and Maintenance, Army', $131,000,000;

`Operation and Maintenance, Navy', $343,719,000;

`Operation and Maintenance, Marine Corps', $25,000,000;

`Operation and Maintenance, Air Force', $283,200,000;

`Operation and Maintenance, Defense-Wide', $15,000,000.

SEC. 8128. (a) Of the total amount appropriated for `Operation and Maintenance, Air Force', $2,500,000, 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 $2,500,000 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. 8129. None of the funds in this or any other Act may be used by the Secretary of the Interior to remove the five foot tall memorial cross originally erected in 1934 by the Veterans of Foreign Wars in honor of fallen World War I veterans and located within the boundary of the Mojave National Preserve in southern California along Cima Road approximately 11 miles south of Interstate 15.

SEC. 8130. 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, Navy'. Such amount shall be used by the Secretary of the Navy only to make a grant in the amount of $6,000,000 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. 8131. In addition to the amounts provided elsewhere in this Act, the amount of $5,000,000 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 $5,000,000 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. 8132. 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. 8133. In addition to the amounts provided elsewhere in this Act, the amount of $5,000,000 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 $5,000,000 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. 8134. (a) In addition to amounts provided elsewhere in this Act, the amount of $10,000,000 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. 8135. (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. 8136. 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. 8137. None of the funds in this Act may be used to implement the establishment of an independent unmanned aerial vehicle joint operational test bed system and/or the transfer of two Predator UAVs, tactical control system (TCS) ground station and assorted equipment from the Navy to Joint Forces Command (JFCOM).

SEC. 8138. The $100,000 limitation established by 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. 8139. The total amount appropriated in this Act for Operation and Maintenance is hereby reduced by $330,000,000, 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', $122,100,000;

`Operation and Maintenance, Navy', $95,700,000;

`Operation and Maintenance, Marine Corps', $9,900,000;

`Operation and Maintenance, Air Force', $79,200,000; and

`Operation and Maintenance, Defense-Wide', $23,100,000.

Provided

SEC. 8141. (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. 8142. (a) FORT IRWIN MILITARY LAND WITHDRAWAL- The provisions of title XXIX of H.R. 2586, as passed by the House of Representatives on September 25, 2001 (entitled the Fort Irwin Military Land Withdrawal Act of 2001), are hereby enacted into law.

(b) PUBLICATION OF PROVISIONS ENACTED BY REFERENCE- In publishing this Act in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall include after the date of approval an appendix setting forth the text of the provisions referred to in subsection (a).

SEC. 8143. Notwithstanding any other provision in this Act, the total amount appropriated in this Act for the Pentagon Reservation Maintenance Revolving Fund, including standard real property operations is hereby reduced by $333,000,000, to be distributed as follows:

`Operation and Maintenance, Army', $114,270,000;

`Operation and Maintenance, Navy', $50,320,000;

`Operation and Maintenance, Air Force', $62,180,000;

`Operation and Maintenance, Defense-Wide', $102,120,000; and

`Research, Development, Test and Evaluation, Ballistic Missile Defense Organization', $4,110,000.

SEC. 8144. (a) FUNDING REDUCTION- The amount appropriated in this Act for `Operation and Maintenance, Army' is hereby reduced by $37,200,000 to reflect efficiencies in Army acquisition management practices.

(b) LIMITATIONS- Effective 6 months after the date of enactment of this Act none of the funds made available by this Act may be used, directly or indirectly, for any of the following purposes:

(1) To support the accomplishment of Army acquisition systems management functions by military or civilian personnel assigned to or employed by the Army Training and Doctrine Command.

(2) To accomplish Army acquisition system requirements determination functions, or analysis of alternatives functions, by military or civilian personnel assigned to or employed by the Army Training and Doctrine Command.

(3) To accomplish Army acquisition program management functions by military or civilian personnel assigned to or employed by the Army Material Command.

(c) CIVILIAN PERSONNEL REDUCTIONS- Pursuant to this section, the Secretary of the Army shall reduce the fiscal year end-strength number of civilian full-time equivalent employees performing Army acquisition functions by 3 percent of the baseline number for each fiscal year from fiscal year 2002 through fiscal year 2006. For purposes of the preceding sentence, the term `baseline number' means the number of civilian full-time equivalent employees performing Army acquisition functions as of the close of fiscal year 2001.

(d) REPORTS- (1) The Secretary of the Army shall include with the fiscal year 2003 budget justification materials for the Department of the Army information on--

(A) how personnel reductions required by subsection (c) will be accomplished and how Army acquisition system and program management resources will be transferred to other Army elements by reason of those reductions; and

(B) any changes in Army policies to achieve compliance with the limitations in subsection (b).

(2) The Secretary shall include with the budget justification materials for the Department of the Army for each of fiscal years 2004 through 2007 information on--

(A) how personnel reductions required by subsection (c) have been accomplished to the date of the report and will be accomplished during the then-current fiscal year and thereafter; and

(B) how Army acquisition system and program management resources have been transferred, as of the date of the report, to other Army elements by reason of those reductions and how such resources will be transferred during the then-current fiscal year and thereafter to other Army elements by reason of those reductions, and each subsequent annual budget request.

SEC. 8145. (a) NON-PROFIT ARMY VENTURE CAPITAL CORPORATION- Of the funds made available for `Research, Development, Test and Evaluation, Army', $50,000,000 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, the following amounts: (1) 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 (2) Amounts made available to the Army for research, development, test and evaluation relating to the Future Combat System.

SEC. 8146. Notwithstanding any other provision of law, in addition to amounts appropriated or otherwise made available in this Act, $10,000,000 is hereby appropriated to `Operation and Maintenance, Defense-Wide' only for facility improvements necessary to integrate the 910th Airlift Wing and related activities at the Youngstown-Warren Regional Airport into the military cargo network.

Provided

SEC. 8148. 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 28 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. 8149. (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. 8150. None of the funds appropriated in this Act may be used to prepare a budget request for submission to Congress by the Department of Defense for fiscal year 2003 that contains any proposal to acquire ships for the Department of the Navy through the use of incremental funding amounts or advanced appropriations. The limitation against incremental funding does not apply to the specific shipbuilding programs that were funded on an incremental basis in fiscal year 2001.

SEC. 8151. In addition to amounts appropriated or otherwise made available elsewhere in this Act, $20,000,000, to remain available until September 30, 2004, is hereby appropriated to `Aircraft Procurement, Air Force', only for the C-5 avionics modernization program.

SEC. 8152. In addition to amounts appropriated or otherwise made available elsewhere in this Act, $10,000,000, to remain available until September 30, 2003, is hereby appropriated to `Research, Development, Test and Evaluation, Air Force', only for the agile combat support (IMITS) program.

SEC. 8153. In addition to amounts appropriated or otherwise made available elsewhere in this Act, $6,000,000, to remain available until September 30, 2003, is hereby appropriated to `Research, Development, Test and Evaluation, Army', only for laser vision correction devices for the Walter Reed Army Medical Center.

Provided

Provided further

SEC. 8155. Except as expressly provided otherwise, any reference in a provision of titles I through IX to `this Act' shall be treated as referring only to the provisions of this division.

SEC. 8156. Notwithstanding any other provision of law, of the funds appropriated in this Act under the heading `Operation and Maintenance, Defense-Wide', $1,680,500, 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. 8157. 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. 8158. (a) None of the funds made available in this division may be used to purchase--

(1) steel; or

(2) equipment, products, or systems that are necessary to national security or national defense and that are made with steel, that is not melted and poured in the United States except in cases in which the steel required for the intended use is not melted and poured in the United States.

(b) Subsection (a) shall not apply with respect to a purchase that the Secretary of Defense determines is necessary for national security purposes.

SEC. 8159. (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.

TITLE IX

COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION

Counter-Terrorism and Operational Response Transfer Fund

(INCLUDING TRANSFER OF FUNDS)

Provided

Provided further

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.

Procurement, Ballistic Missile Defense Organization

(INCLUDING TRANSFER OF FUNDS)

Provided

Research, Development, Test and Evaluation, Ballistic Missile Defense Organization

(INCLUDING RESCISSION)

Provided

Provided further

Defense Against Chemical and Biological Weapons, Defense-Wide

For expenses, not otherwise provided for, for chemical and biological weapon defense programs of the Department of Defense, as authorized by law, $1,065,940,000, of which $363,709,000 shall be for Procurement, to remain available for obligation until September 30, 2004, and $702,231,000 shall be for Research, Development, Test and Evaluation, to remain available for obligation until September 30, 2003.

Defense Threat Reduction Agency

For expenses, not otherwise provided for, for the Defense Threat Reduction Agency of the Department of Defense, as authorized by law, $806,471,000, of which $305,393,000 shall be for Operation and Maintenance, of which $50,000,000 shall be available only to initiate a multi-year demonstration program at four military installations to install, operate, and evaluate a network of sensors to protect installations against unconventional nuclear threats in accordance with the deployment recommendations of the Defense Science Board Task Force on Unconventional Nuclear Warfare Defense; $20,325,000 shall be for Procurement, to remain available for obligation until September 30, 2004; and $480,753,000 shall be for Research, Development, Test and Evaluation to remain available for obligation until September 30, 2003, of which $25,000,000 shall be available only for research and development of systems to support the protection of military installations against unconventional nuclear threats in accordance with the recommendations of the Defense Science Board Task Force on Unconventional Nuclear Warfare Defense.

This division may be cited as the `Department of Defense Appropriations Act, 2002'.

DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL APPROPRIATIONS

The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2002, and for other purposes, namely:

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', $4,582,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Agriculture Buildings and Facilities and Rental Payments

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Agriculture Buildings and Facilities and Rental Payments', $2,875,000, 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', $5,635,000, 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

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', $8,175,000, 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', $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', $9,800,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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, and for other expenses necessary to support activities related to countering potential biological, disease, and chemical threats to civilian populations, for `Food and Drug Administration, Salaries and Expenses', $104,350,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

INDEPENDENT AGENCIES

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', $6,495,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

CHAPTER 2 DEPARTMENT OF JUSTICE

General Administration

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', $68,450,000, 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', $11,100,000, 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', $538,500,000, 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', $409,600,000, 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, to be obligated from amounts made available in Public Law 107-38, of which $45,000,000 is for emergency response communications technologies and equipment for Northern Virginia, $20,000,000 is for the Capitol Wireless Integrated Network in the Washington Metropolitan Area, $15,000,000 is for a chemical sensor program within the Washington, D.C. subway system, and $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, for `State and Local Law Enforcement Assistance', $17,100,000, 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', $750,000, 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

Provided

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', $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', $8,636,000, 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 Ground', $10,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Courts of Appeals, District Courts, and Other Judicial Services

COURT SECURITY

Provided

Provided further

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

DISASTER LOANS PROGRAM ACCOUNT

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Disaster Loans Program Account', $140,000,000, to remain available until expended, to be obligated from amounts 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.

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', $7,242,911,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, as follows:

(1) For increased situational awareness, $1,735,000,000;

(2) For enhanced force protection, $742,911,000, of which $40,000,000 shall be available only for biological weapons proliferation prevention activities under the Former Soviet Union Threat Reduction Program, of which $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;

(3) For improved command and control, $162,000,000;

(4) For increased worldwide posture, $2,801,000,000;

(5) For offensive counterterrorism, $769,000,000, of which $237,000,000 is for the Special Operations Command;

(6) For initial crisis response, $108,000,000;

(7) For the Pentagon Reservation Maintenance Revolving Fund, $925,000,000:

Provided

GENERAL PROVISIONS--THIS CHAPTER

(INCLUDING TRANSFER OF FUNDS)

Provided

Provided further

(INCLUDING TRANSFER OF FUNDS)

Provided

Provided further

SEC. 303. (a) Amounts in the appropriation account `Support for International Sporting Competitions, Defense' may be used to support essential security and safety services for the 2002 Winter Olympic Games in Salt Lake City, Utah, under section 2564 of title 10, United States Code, without the certification otherwise required under subsection (a) of that section.

(b) In connection with the provision of essential security and safety support to the 2002 Winter Olympic Games and logistical and security support to the 2002 Winter Paralympic Games, the term `active duty' as used in section 5802 of division A of the Omnibus Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note), shall be treated as including State active duty and full-time National Guard duty performed by members of the Army National Guard and Air National Guard.

SEC. 304. 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. 305. 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.

CHAPTER 4 DISTRICT OF COLUMBIA

FEDERAL FUNDS

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, 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 expended, $12,144,209, of which $921,833 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, $453,376 is for the Department of Public Works, and $5,000,000 is for the Washington Metropolitan Area Transit Authority.

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, 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 expended, $1,032,342, for the Fire and Emergency Medical Services Department.

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, 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 expended, $10,354,415, of which $204,920 is for the Fire and Emergency Medical Services Department, $258,170 is for the Metropolitan Policy Department, and $9,891,325 is for the Department of Health.

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, 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 expended, $2,100,000, for the Department of Health.

Notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget. The Chief financial Officer of the District of Columbia 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 heading beginning no later than January 2, 2002.

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 expended.

For Protective Clothing and Breathing Apparatus, to remain available until expended, $12,144,209, of which $921,833 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, $453,376 is for the Department of Public Works, and $5,000,000 is for the Washington Metropolitan Area Transit Authority.

For Specialized Hazardous Materials Equipment, to remain available until expended, $1,032,342, for the Fire and Emergency Medical Services Department.

For Chemical and Biological Weapons Preparedness, to remain available until expended, $10,354,415, of which $204,920 is for the Fire and Emergency Medical Services Department, $258,170 is for the Metropolitan Police Department, and $9,891,325 is for the Department of Health.

For Pharmaceuticals for Responders, to remain available until expended, $2,100,000, for the Department of Health.

CHAPTER 5 DEPARTMENT OF DEFENSE--CIVIL

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

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', $88,000,000, 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', $18,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Environmental Restoration and Waste Management

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

Other Defense Activities

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

CHAPTER 6 DEPARTMENT OF THE INTERIOR

National Park Service

OPERATION OF THE NATIONAL PARK SYSTEM

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

UNITED STATES PARK POLICE

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

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.

CHAPTER 7 DEPARTMENT OF LABOR

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.

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

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and for other expenses necessary to support activities related to countering potential biological, disease, and chemical threats to civilian populations, for `Public Health and Social Services Emergency Fund', $1,990,600,000 (reduced by $100,000,000) (increased by $100,000,000), to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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 8 LEGISLATIVE BRANCH

Legislative Branch Emergency Response Fund

(INCLUDING TRANSFER OF FUNDS)

Provided

Provided further

HOUSE OF REPRESENTATIVES

Administrative Provisions

SEC. 801. (a) ACQUISITION OF BUILDINGS AND FACILITIES- Notwithstanding any other provision of law, in order to respond to an emergency situation, the Chief Administrative Officer of the House of Representatives may acquire buildings and facilities, subject to the availability of appropriations, 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.

(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. 802. (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.

OTHER LEGISLATIVE BRANCH

Administrative Provisions

SEC. 803. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 206-1) is amended by striking `but not to exceed' and all that follows and inserting the following: `but not to exceed $2,500 less than the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.'.

(b) The Assistant Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not to exceed $1,000 less than the annual salary for the chief of the United States Capitol Police.

(c) This section and the amendment made by this section shall apply with respect to pay periods beginning on or after the date of the enactment of this Act.

SEC. 804. 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 recreational, 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. 805. (a) Section 9 of the Act of July 31, 1946 (40 U.S.C. 212a) is amended by adding at the end the following new subsection:

`(c)(1) For purposes of this section, `the United States Capitol Buildings and Grounds' shall include all buildings and grounds of the United States Botanic Garden, including the National Garden and Bartholdi Park.

`(2) For purposes of this section, the Joint Committee on the Library may suspend the application of section 4 of this Act to the buildings and grounds described in paragraph (1) in order to promote the interests of the United States Botanic Garden.'.

(b) The amendment made by subsection (a) shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

SEC. 806. (a) ASSISTANCE FOR CAPITOL POLICE FROM EXECUTIVE DEPARTMENTS AND AGENCIES- Notwithstanding any other provision of law, Executive departments and Executive agencies may assist the United States Capitol Police in the same manner and to the same extent as such departments and agencies assist the United States Secret Service under section 6 of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note), except as may otherwise be provided in this section.

(b) TERMS OF ASSISTANCE- Assistance under this section shall be provided--

(1) consistent with the authority of the Capitol Police under sections 9 and 9A of the Act of July 31, 1946 (40 U.S.C. 212a and 212a-2);

(2) upon the advance written request of--

(A) the Chairman of the Capitol Police Board; or

(B) in the absence of the Chairman of the Capitol Police Board--

(i) the Sergeant at Arms and Doorkeeper of the Senate, in the case of any matter relating to the Senate; or

(ii) the Sergeant at Arms of the House of Representatives, in the case of any matter relating to the House; and

(3) either--

(A) on a temporary and reimbursable basis; or

(B) on a permanent reimbursable basis upon advance written request of the Chairman of the Capitol Police Board.

(1) REPORTS- With respect to any fiscal year in which an Executive department or Executive agency provides assistance under this section, the head of that department or agency shall submit a report not later than 30 days after the end of the fiscal year to the Chairman of the Capitol Police Board.

(2) CONTENTS- The report submitted under paragraph (1) shall contain a detailed account of all expenditures made by the Executive department or Executive agency in providing assistance under this section during the applicable fiscal year.

(3) SUMMARY OF REPORTS- After receipt of all reports under paragraph (2) with respect to any fiscal year, the Chairman of the Capitol Police Board shall submit a summary of such reports to the Committees on Appropriations of the Senate and the House of Representatives.

(d) EFFECTIVE DATE- This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

SEC. 807. (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.

SEC. 808. (a) Section 1 of Public Law 93-180 (40 U.S.C. 166d) is amended--

(1) by striking `secure, through rental, lease, or other appropriate agreement, storage space' and inserting `acquire, through purchase, lease, or other appropriate arrangement, property or space';

(2) by inserting `the United States Capitol Police,' after `Representatives,'; and

(3) by striking `as such Commission and committee may authorize' and inserting `as the Architect deems reasonable and appropriate'.

(b) Nothing in the amendment made by subsection (a) may be construed to affect the authority provided to the Architect of the Capitol under section 128 of the Legislative Branch Appropriations Act, 2002, to secure the property described in such section.

SEC. 809. (a) Public Law 107-68 is amended in the item relating to `ARCHITECT OF THE CAPITOL--CAPITOL VISITOR CENTER'--

(1) by striking `unassigned space in the';

(2) by striking `for House space'; and

(3) by striking `for Senate space'.

(b) The amendment made by subsection (a) shall take effect as if included in the enactment of Public Law 107-68.

SEC. 810. (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. 811. (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.

CHAPTER 9 DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, ARMY

Provided

MILITARY CONSTRUCTION, NAVY

Provided

MILITARY CONSTRUCTION, AIR FORCE

Provided

GENERAL PROVISIONS--THIS CHAPTER

(INCLUDING TRANSFER OF FUNDS)

SEC. 901. The Secretary of Defense may transfer to the `Defense Emergency Response Fund' amounts appropriated in Military Construction Appropriations Acts only if the Secretary makes a determination that amounts in the Fund are insufficient to carry out needed military construction projects. In exercising the transfer authority provided by this section, the Secretary of Defense shall first transfer unobligated balances remaining from fiscal year 2001 and earlier fiscal years before transferring any amounts appropriated in the Military Construction Appropriations Act, 2002. Amounts so transferred shall be available solely for military construction projects, including activities described in section 2802(b) of title 10, United States Code. At least 10 days prior to each such transfer, the Secretary of Defense shall notify the appropriate defense committees, shall provide an accompanying form 1391, and shall describe the source of funds from which the transfer is derived.

SEC. 902. 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. At least 10 days prior to carrying out such military construction project, the Secretary shall notify the appropriate defense committees and shall provide an accompanying form 1391.

CHAPTER 10 DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

Salaries and Expenses

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', $458,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Transportation Security Administration

Provided

Aircraft Passenger and Baggage Screening Activities

Provided

Provided further

COAST GUARD

Operating Expenses

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Operating Expenses,' $144,913,000, to remain available until expended, 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,' $291,500,000, to remain available until expended, 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', $175,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

FEDERAL HIGHWAY ADMINISTRATION

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 remain available until expended, to be included in the total of 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.

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.

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.

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,' $465,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

CHAPTER 11 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', $23,231,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED EXPENSES

Provided

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 and at critical seaports, $160,146,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

In addition, for an additional amount for `Salaries and Expenses' for response and recovery costs, a commercial backup facility and enhanced security for the Newington Data Center, and additional staffing and office expenses for anti-money laundering and foreign operations, $141,613,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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

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.

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.

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 Stats, for `Federal Buildings fund', $87,360,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

CHAPTER 12 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

Management and Administration

OFFICE OF INSPECTOR GENERAL

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

INDEPENDENT AGENCIES

Environmental Protection Agency

SCIENCE AND TECHNOLOGY

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States for `Science and technology', $10,000,000, 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 for `Environmental programs and management', $140,360,000, 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', $5,800,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

STATE AND TRIBAL ASSISTANCE GRANTS

For making grants for emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, and to support activities related to countering potential biological and chemical threats to populations, for `State and tribal assistance grants', $5,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Federal Emergency Management Agency

DISASTER RELIEF

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Disaster relief', $4,345,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Emergency management planning and assistance', $35,000,000, 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 available for support of the 2002 Winter Olympics.

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and expenses', $30,000,000 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.

National Aeronautics and Space Administration

HUMAN SPACE FLIGHT

For emergency expenses to respond to the September 11, 2001, terrorist attack on the United States, for `Human space flight', $81,000,000, 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', $36,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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', $3,000,000, to remain available until expended, to the 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.

CHAPTER 13 GENERAL PROVISION--THIS DIVISION

SEC. 1301. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly provided so herein.

CHAPTER 14 ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

disease control, research, and training

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

National Institutes of Health

national institute of environmental health sciences

For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `National Institute of Environmental Health Sciences' for carrying out activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, $10,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Community Planning and Development

community development fund

Provided

Provided further

DEPARTMENT OF LABOR

Employment and Training Administration

training and employment services

Provided

State Unemployment Security Office

workers compensation programs

(including transfer of funds)

Provided

Provided further

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

DIVISION C--ADDITIONAL GENERAL PROVISIONS

SEC. 2101. 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.

SEC. 2102. (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).

(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'.

Passed the House of Representatives November 28, 2001.

Attest:

Clerk.

107th CONGRESS

1st Session

H. R. 3338

AN ACT

Making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes.

END

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