[107th Congress Public Law 117]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ117.107]
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DEPARTMENT OF DEFENSE AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR
RECOVERY FROM AND RESPONSE TO TERRORIST ATTACKS ON THE UNITED STATES
ACT, 2002
[[Page 115 STAT. 2230]]
Public Law 107-117
107th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2002, and for other purposes. <<NOTE: Jan. 10,
2002 - [H.R. 3338]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Defense and Emergency Supplemental Appropriations for Recovery from and
Response to Terrorist Attacks on the United States Act, 2002.>> That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, for the fiscal year ending September 30, 2002,
for military functions administered by the Department of Defense, and
for other purposes, namely:
DIVISION <<NOTE: Department of Defense Appropriations Act, 2002.>> A--
DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund,
$23,752,384,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided for
elsewhere), midshipmen, and aviation cadets; and for payments pursuant
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund,
$19,551,484,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel
[[Page 115 STAT. 2231]]
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for
members of the Marine Corps on active duty (except members of the
Reserve provided for elsewhere); and for payments pursuant to section
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the
Department of Defense Military Retirement Fund, $7,345,340,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
provided for elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402
note), and to the Department of Defense Military Retirement Fund,
$19,724,014,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or
while serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty or other duty,
and for members of the Reserve Officers' Training Corps, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$2,670,197,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing reserve training, or while
performing drills or equivalent duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,654,523,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for members of the
Marine Corps platoon leaders class,
[[Page 115 STAT. 2232]]
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement
Fund, $471,200,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty
under sections 10211, 10305, and 8038 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title 10,
United States Code, in connection with performing duty specified in
section 12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent duty or other
duty, and for members of the Air Reserve Officers' Training Corps, and
expenses authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military Retirement Fund,
$1,061,160,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of title
32, United States Code, or while serving on duty under section 12301(d)
of title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$4,041,695,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code, in
connection with performing duty specified in section 12310(a) of title
10, United States Code, or while undergoing training, or while
performing drills or equivalent duty or other duty, and expenses
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$1,784,654,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $10,794,000 can be used for emergencies and
[[Page 115 STAT. 2233]]
extraordinary expenses, to be expended on the approval or authority of
the Secretary of the Army, and payments may be made on his certificate
of necessity for confidential military purposes, $22,335,074,000:
Provided, That of the funds made available under this heading,
$1,000,000, to remain available until expended, shall be transferred to
``National Park Service--Construction'' within 30 days of the enactment
of this Act, only for necessary infrastructure repair improvements at
Fort Baker, under the management of the Golden Gate Recreation Area:
Provided further, That of the funds appropriated in this paragraph, not
less than $355,000,000 shall be made available only for conventional
ammunition care and maintenance.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $6,000,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$26,876,636,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized by law,
$2,931,934,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law; and
not to exceed $7,998,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $26,026,789,000: Provided,
That notwithstanding any other provision of law, that of the funds
available under this heading, $750,000 shall only be available to the
Secretary of the Air Force for a grant to Florida Memorial College for
the purpose of funding minority aviation training.
Operation and Maintenance, Defense-Wide
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$12,773,270,000, of which not to exceed $25,000,000 may be available for
the CINC initiative fund account; and of which not to exceed $33,500,000
can be used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and payments
may be made on his certificate of necessity for confidential military
purposes: Provided, That notwithstanding any other provision of law, of
the funds provided in this Act for Civil Military programs under this
heading, $750,000 shall be available for a grant for Outdoor Odyssey,
Roaring
[[Page 115 STAT. 2234]]
Run, Pennsylvania, to support the Youth Development and Leadership
program and Department of Defense STARBASE program: Provided further,
That of the funds made available in this paragraph, $1,000,000 shall be
available only for continuation of the Middle East Regional Security
Issues program: Provided further, That none of the funds appropriated or
otherwise made available by this Act may be used to plan or implement
the consolidation of a budget or appropriations liaison office of the
Office of the Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of the Armed
Forces into a legislative affairs or legislative liaison office.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,771,246,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment;
hire of passenger motor vehicles; travel and transportation; care of the
dead; recruiting; procurement of services, supplies, and equipment; and
communications, $1,003,690,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $144,023,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,024,866,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in
[[Page 115 STAT. 2235]]
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau; supplying and equipping
the Army National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and equipment
(including aircraft), $3,768,058,000.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by law
for the Air National Guard; and expenses incident to the maintenance and
use of supplies, materials, and equipment, including such as may be
furnished from stocks under the control of agencies of the Department of
Defense; travel expenses (other than mileage) on the same basis as
authorized by law for Air National Guard personnel on active Federal
duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau, $3,988,961,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations by
United States military forces, $50,000,000, to remain available until
expended: Provided, That the Secretary of Defense may transfer these
funds only to military personnel accounts; operation and maintenance
accounts within this title; the Defense Health Program appropriation;
procurement accounts; research, development, test and evaluation
accounts; and to working capital funds: Provided further, That the funds
transferred shall be merged with and shall be available for the same
purposes and for the same time period, as the appropriation to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back
to this appropriation: Provided further, That the transfer authority
provided in this paragraph is in addition to any other transfer
authority contained elsewhere in this Act.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $9,096,000, of which not to exceed $2,500
can be used for official representation purposes.
[[Page 115 STAT. 2236]]
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $389,800,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Army, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Army, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $257,517,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Navy, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Navy, to be
merged with and to be available for the same purposes and for the same
time period as the appropriations to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $385,437,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
Force, or for similar purposes, transfer the funds made available by
this appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be available for
the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation.
[[Page 115 STAT. 2237]]
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $23,492,000, to remain available
until transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of Defense, or for similar purposes,
transfer the funds made available by this appropriation to other
appropriations made available to the Department of Defense, to be merged
with and to be available for the same purposes and for the same time
period as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes provided herein,
such amounts may be transferred back to this appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $222,255,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department of Defense, transfer
the funds made available by this appropriation to other appropriations
made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That upon a
determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the
programs provided under sections 401, 402, 404, 2547, and 2551 of title
10, United States Code), $49,700,000, to remain available until
September 30, 2003.
Support for International Sporting Competitions, Defense
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only for
members of the Reserve Components of the Armed Forces of the United
States called or ordered to active duty in connection with providing
such support), $15,800,000, to remain available until expended.
[[Page 115 STAT. 2238]]
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,984,391,000, to remain available for obligation until
September 30, 2004.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,079,330,000, to remain available for obligation until
September 30, 2004.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of
weapons and tracked combat vehicles, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $2,193,746,000, to
remain available for obligation until September 30, 2004.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired,
[[Page 115 STAT. 2239]]
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,200,465,000, to remain available for obligation
until September 30, 2004.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of not to exceed 29 passenger motor vehicles for
replacement only; and the purchase of 3 vehicles required for physical
security of personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $200,000 per vehicle;
communications and electronic equipment; other support equipment; spare
parts, ordnance, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes, $4,183,736,000, to
remain available for obligation until September 30, 2004.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public and
private plants, including the land necessary therefor, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned equipment layaway,
$7,938,143,000, to remain available for obligation until September 30,
2004.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $1,429,592,000, to remain available for obligation
until September 30, 2004.
[[Page 115 STAT. 2240]]
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $461,399,000, to remain available for obligation until
September 30, 2004.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long
leadtime components and designs for vessels to be constructed or
converted in the future; and expansion of public and private plants,
including land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to approval
of title, as follows:
Carrier Replacement Program (AP), $138,890,000;
SSGN (AP), $365,440,000;
NSSN, $1,578,914,000;
NSSN (AP), $684,288,000;
CVN Refuelings, $1,148,124,000;
CVN Refuelings (AP), $73,707,000;
Submarine Refuelings, $382,265,000;
Submarine Refuelings (AP), $77,750,000;
DDG-51 destroyer program, $2,966,036,000;
DDG-51 (AP), $125,000,000;
Cruiser conversion (AP), $75,000,000;
LPD-17 (AP), $155,000,000;
T-AKE, $370,818,000;
LHD-8, $267,238,000;
LCAC landing craft air cushion program, $46,091,000;
Prior year shipbuilding costs, $729,248,000;
Mine Hunter SWATH, $1,000,000;
Yard Oilers, $3,000,000; and
For craft, outfitting, post delivery, conversions, and first
destination transformation transportation, $302,230,000;
In all: $9,490,039,000, to remain available for obligation until
September 30, 2006: Provided, That additional obligations may be
incurred after September 30, 2006, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the
final stage of ship construction: Provided further, That none of the
funds provided under this heading for the construction or conversion of
any naval vessel to be constructed in shipyards in the United States
shall be expended in foreign facilities for the construction of major
components of such vessel: Provided further, That none of the funds
provided under this heading shall be used for the construction of any
naval vessel in foreign shipyards.
[[Page 115 STAT. 2241]]
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance
for new aircraft, new ships, and ships authorized for conversion); the
purchase of not to exceed 152 passenger motor vehicles for replacement
only, and the purchase of five vehicles required for physical security
of personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $200,000 per unit for two units and not to
exceed $115,000 per unit for the remaining three units; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway, $4,270,976,000, to remain available for obligation
until September 30, 2004.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools,
and installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the
Marine Corps, including the purchase of not to exceed 25 passenger motor
vehicles for replacement only; and expansion of public and private
plants, including land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title, $995,442,000, to remain available for obligation
until September 30, 2004.
Aircraft Procurement, Air Force
For construction, procurement, lease, and modification of aircraft
and equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $10,567,038,000, to remain available for
obligation until September 30, 2004.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and
[[Page 115 STAT. 2242]]
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and transportation
of things, $2,989,524,000, to remain available for obligation until
September 30, 2004.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $866,644,000, to remain available for obligation until
September 30, 2004.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of not to exceed 216
passenger motor vehicles for replacement only, and the purchase of three
vehicles required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$200,000 per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon,
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $8,085,863,000, to remain available for
obligation until September 30, 2004.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement,
production, and modification of equipment, supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of not to
exceed 65 passenger motor vehicles for replacement only; the purchase of
4 vehicles required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$250,000 per vehicle; expansion of public and private plants, equipment,
and installation thereof in such plants, erection of structures, and
acquisition of land for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and contractor-
owned equipment layaway, $2,389,490,000, to remain available for
obligation until September 30, 2004: Provided, That funds provided
[[Page 115 STAT. 2243]]
under this heading for Patriot Advanced Capability 3 (PAC-3) missiles
may be used for procurement of critical parts for PAC-3 missiles to
support production of such missiles in future fiscal years.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $40,000,000 to remain available until
expended, of which, $2,000,000 may be used for a Processible Rigid-Rod
Polymeric Material Supplier Initiative under title III of the Defense
Production Act of 1950 (50 U.S.C. App. 2091 et seq.) to develop
affordable production methods and a domestic supplier for military and
commercial processible rigid-rod materials.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $699,130,000, to remain available for
obligation until September 30, 2004: Provided, <<NOTE: Deadline.>> That
the Chiefs of the Reserve and National Guard components shall, not later
than 30 days after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component: Provided
further, That of the funds appropriated under this heading, $148,430,000
shall be available only for the procurement of C-130J aircraft to be
used solely for western states firefighting.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $7,106,074,000, to
remain available for obligation until September 30, 2003.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $11,498,506,000, to
remain available for obligation until September 30, 2003.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $14,669,931,000, to
remain available for obligation until September 30, 2003.
[[Page 115 STAT. 2244]]
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of
Defense, pursuant to law; maintenance, rehabilitation, lease, and
operation of facilities and equipment, $15,415,275,000, to remain
available for obligation until September 30, 2003: Provided, That for
funds provided under this heading for ballistic missile defense
programs, the minimum amount applicable under section 9(f)(1)(C) of the
Small Business Act (15 U.S.C. 638(f)(1)(C)) shall be $75,000,000 (in
lieu of the amount otherwise applicable for those programs under that
section).
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation
in the direction and supervision of operational test and evaluation,
including initial operational test and evaluation which is conducted
prior to, and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in connection
therewith, $231,855,000, to remain available for obligation until
September 30, 2003.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,312,986,000: Provided,
That during fiscal year 2002, funds in the Defense Working Capital Funds
may be used for the purchase of not to exceed 330 passenger carrying
motor vehicles for replacement only for the Defense Security Service.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve Fleet, as
established by section 11 of the Merchant Ship Sales Act of 1946 (50
U.S.C. App. 1744), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security needs
of the United States, $432,408,000, to remain available until expended:
Provided, That none of the funds provided in this paragraph shall be
used to award a new contract that provides for the acquisition of any of
the following major components unless such components are manufactured
in the United States: auxiliary equipment, including pumps, for all
shipboard services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes: Provided further, That the exercise of an option in a
contract awarded through the obligation of previously appropriated funds
shall not be considered to be the award of a new contract: Provided
further, That the Secretary of the military
[[Page 115 STAT. 2245]]
department responsible for such procurement may waive the restrictions
in the first proviso on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and that such an
acquisition must be made in order to acquire capability for national
security purposes: Provided further, That, notwithstanding any other
provision of law, $25,000,000 of the funds available under this heading
shall be available only to finance the cost of constructing additional
sealift capacity.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law,
$18,391,194,000, of which $17,659,475,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2003; of which $267,915,000, to remain available for
obligation until September 30, 2004, shall be for Procurement; of which
$463,804,000, to remain available for obligation until September 30,
2003, shall be for Research, development, test and evaluation, and of
which $14,000,000 shall be available for HIV prevention educational
activities undertaken in connection with U.S. military training,
exercises, and humanitarian assistance activities conducted in African
nations.
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,105,557,000, of which $739,020,000 shall
be for Operation and maintenance to remain available until September 30,
2003, $164,158,000 shall be for Procurement to remain available until
September 30, 2004, and $202,379,000 shall be for Research, development,
test and evaluation to remain available until September 30, 2003.
Drug Interdiction and Counter-Drug Activities, Defense
(including transfer of funds)
For drug interdiction and counter-drug activities of the Department
of Defense, for transfer to appropriations available to the Department
of Defense for military personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation and maintenance; for Procurement; and for Research,
development, test and evaluation, $842,581,000: Provided, That the funds
appropriated under this heading shall be available for obligation for
the same time period and for the same purpose as the appropriation to
which transferred: Provided further,
[[Page 115 STAT. 2246]]
That the transfer authority provided under this heading is in addition
to any other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $152,021,000, of which $150,221,000 shall be for Operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $1,800,000 to remain available until September
30, 2004, shall be for Procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $212,000,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $160,429,000, of which $28,003,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2003: Provided, That of the funds appropriated under this heading,
$42,752,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of Defense's
counter-drug intelligence responsibilities, and of the said amount,
$1,500,000 for Procurement shall remain available until September 30,
2004, and $1,000,000 for Research, development, test and evaluation
shall remain available until September 30, 2003: Provided further, That
the National Drug Intelligence Center shall maintain the personnel and
technical resources to provide timely support to law enforcement
authorities to conduct document exploitation of materials collected in
Federal, State, and local law enforcement activity.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law, $67,500,000, to
remain available until expended.
[[Page 115 STAT. 2247]]
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $8,000,000, to
be derived from the National Security Education Trust Fund, to remain
available until expended.
TITLE VIII
GENERAL PROVISIONS--DEPARTMENT OF DEFENSE
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. <<NOTE: 10 USC 1584 note.>> During the current fiscal
year, provisions of law prohibiting the payment of compensation to, or
employment of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national employees
of the Department of Defense funded by this Act shall not be at a rate
in excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further, That
this section shall not apply to Department of Defense foreign service
national employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign Service Act of
1980: Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense in the
Republic of Turkey.
Sec. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in this Act
which are limited for obligation during the current fiscal year shall be
obligated during the last 2 months of the fiscal year: Provided, That
this section shall not apply to obligations for support of active duty
training of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time period,
as the appropriation or fund to which transferred: Provided, That such
authority to transfer may not be used unless for higher priority items,
based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which funds
are requested has been denied by the Congress: Provided
further, <<NOTE: Notification.>> That the Secretary of Defense shall
notify the Congress promptly of all transfers
[[Page 115 STAT. 2248]]
made pursuant to this authority or any other authority in this Act:
Provided further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority
items, based on unforeseen military requirements, than those for which
originally appropriated and in no case where the item for which
reprogramming is requested has been denied by the Congress: Provided
further, That a request for multiple reprogrammings of funds using
authority provided in this section must be made prior to May 1, 2002.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.
Sec. 8007. <<NOTE: Notification.>> Funds appropriated by this Act
may not be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the congressional
defense committees.
Sec. 8008. <<NOTE: 10 USC 2306b note.>> None of the funds provided
in this Act shall be available to initiate: (1) a multiyear contract
that employs economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a contract for
advance procurement leading to a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in any 1
year, unless the congressional defense committees have been notified at
least 30 days in advance of the proposed contract award: Provided, That
no part of any appropriation contained in this Act shall be available to
initiate a multiyear contract for which the economic order quantity
advance procurement is not funded at least to the limits of the
Government's liability: Provided further, That no part of any
appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component thereof if
the value of the multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 10-day prior notification
to the congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a present
value analysis to determine lowest cost compared to an annual
procurement.
[[Page 115 STAT. 2249]]
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
UH-60/CH-60 aircraft;
C-17; and
F/A-18E and F engine.
Sec. 8009. <<NOTE: Reports. Deadline. 10 USC 401 note.>> Within the
funds appropriated for the operation and maintenance of the Armed
Forces, funds are hereby appropriated pursuant to section 401 of title
10, United States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds may also be
obligated for humanitarian and civic assistance costs incidental to
authorized operations and pursuant to authority granted in section 401
of chapter 20 of title 10, United States Code, and these obligations
shall be reported to the Congress as of September 30 of each year:
Provided, That funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance by using
Civic Action Teams in the Trust Territories of the Pacific Islands and
freely associated states of Micronesia, pursuant to the Compact of Free
Association as authorized by Public Law 99-239: Provided further, That
upon a determination by the Secretary of the Army that such action is
beneficial for graduate medical education programs conducted at Army
medical facilities located in Hawaii, the Secretary of the Army may
authorize the provision of medical services at such facilities and
transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2002, the civilian personnel of
the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2003 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2003 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2003.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of Columbia, 125,000 civilian workyears:
Provided, <<NOTE: Applicability.>> That workyears shall be applied as
defined in the Federal Personnel Manual: Provided further, That
workyears expended in dependent student hiring programs for
disadvantaged youths shall not be included in this workyear limitation.
Sec. 8012. <<NOTE: Lobbying.>> None of the funds made available by
this Act shall be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before the Congress.
Sec. 8013. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits
[[Page 115 STAT. 2250]]
paid by the Secretary of Veterans Affairs from the Department of Defense
Education Benefits Fund when time spent as a full-time student is
credited toward completion of a service commitment: Provided, That this
subsection shall not apply to those members who have reenlisted with
this option prior to October 1, 1987: Provided
further, <<NOTE: Applicability.>> That this subsection applies only to
active components of the Army.
Sec. 8014. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the enactment
of this Act, is performed by more than 10 Department of Defense civilian
employees until a most efficient and cost-effective organization
analysis is completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That this section and
subsections (a), (b), and (c) of 10 U.S.C. 2461 shall not apply to a
commercial or industrial type function of the Department of Defense
that: (1) is included on the procurement list established pursuant to
section 2 of the Act of June 25, 1938 (41 U.S.C. 47), popularly referred
to as the Javits-Wagner-O'Day Act; (2) is planned to be converted to
performance by a qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely handicapped individuals in
accordance with that Act; or (3) is planned to be converted to
performance by a qualified firm under 51 percent ownership by an Indian
tribe, as defined in section 450b(e) of title 25, United States Code, or
a Native Hawaiian organization, as defined in section 637(a)(15) of
title 15, United States Code.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to
any other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended,
under the authority of this provision or any other transfer authority
contained in this Act.
Sec. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies)
of welded shipboard anchor and mooring chain 4 inches in diameter and
under unless the anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured in the
United States: Provided, That for the purpose of this section
manufactured will include cutting, heat treating, quality control,
testing of chain and welding (including the forging and shot blasting
process): Provided further, That for the purpose of this section
substantially all of the components of anchor and mooring chain shall be
considered to be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
[[Page 115 STAT. 2251]]
responsible for the procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropriations
that such an acquisition must be made in order to acquire capability for
national security purposes.
Sec. 8017. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) or TRICARE shall be available for the reimbursement of any
health care provider for inpatient mental health service for care
received when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or health care
professional having an economic interest in the facility to which the
patient is referred: Provided, That this limitation does not apply in
the case of inpatient mental health services provided under the program
for persons with disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of Defense
because of medical or psychological circumstances of the patient that
are confirmed by a health professional who is not a Federal employee
after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient, the
intensity of services required by the patient, and the availability of
that care.
Sec. 8018. <<NOTE: 10 USC 2647 note.>> Funds available in this Act
and hereafter may be used to provide transportation for the next-of-kin
of individuals who have been prisoners of war or missing in action from
the Vietnam era to an annual meeting in the United States, under such
regulations as the Secretary of Defense may prescribe.
Sec. 8019. <<NOTE: 10 USC 2687 note.>> Notwithstanding any other
provision of law, during the current fiscal year, the Secretary of
Defense may, by executive agreement, establish with host nation
governments in NATO member states a separate account into which such
residual value amounts negotiated in the return of United States
military installations in NATO member states may be deposited, in the
currency of the host nation, in lieu of direct monetary transfers to the
United States Treasury: Provided, That such credits may be utilized only
for the construction of facilities to support United States military
forces in that host nation, or such real property maintenance and base
operating costs that are currently executed through monetary transfers
to such host nations: Provided further, That the Department of Defense's
budget submission for fiscal year 2003 shall identify such sums
anticipated in residual value settlements, and identify such
construction, real property maintenance or base operating costs that
shall be funded by the host nation through such credits: Provided
further, That all military construction projects to be executed from
such accounts must be previously approved in a prior Act of
Congress: <<NOTE: Reports. Deadline.>> Provided further, That each such
executive agreement with a NATO member host nation shall be reported to
the congressional defense committees, the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate 30 days prior to the conclusion and endorsement
of any such agreement established under this provision.
Sec. 8020. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
[[Page 115 STAT. 2252]]
Sec. 8021. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional defense
committees that such a relocation is required in the best interest of
the Government.
Sec. 8022. In addition to the funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a subcontractor at any tier shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).
Sec. 8023. <<NOTE: 5 USC 6323 note.>> During the current fiscal year
and hereafter, funds appropriated or otherwise available for any Federal
agency, the Congress, the judicial branch, or the District of Columbia
may be used for the pay, allowances, and benefits of an employee as
defined by section 2105 of title 5, United States Code, or an individual
employed by the government of the District of Columbia, permanent or
temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces,
as described in section 10101 of title 10, United States Code,
or the National Guard, as described in section 101 of title 32,
United States Code;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities in
the protection or saving of life or property or prevention of
injury--
(A) Federal service under sections 331, 332, 333, or
12406 of title 10, United States Code, or other
provision of law, as applicable; or
(B) full-time military service for his or her State,
the District of Columbia, the Commonwealth of Puerto
Rico, or a territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without
regard to the provisions of sections 5519 and 6323(b) of
title 5, United States Code, if such employee is
otherwise entitled to such annual leave:
Provided, That any employee who requests leave under subsection (3)(A)
for service described in subsection (2) of this section is entitled to
such leave, subject to the provisions of this section and of the last
sentence of section 6323(b) of title 5, United States Code, and such
leave shall be considered leave under section 6323(b) of title 5, United
States Code.
Sec. 8024. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24 months
after initiation of such study with respect to a single function
activity or 48 months after initiation of such study for a multi-
function activity.
Sec. 8025. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
[[Page 115 STAT. 2253]]
Sec. 8026. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may adjust wage rates for civilian employees
hired for certain health care occupations as authorized for the
Secretary of Veterans Affairs by section 7455 of title 38, United States
Code.
Sec. 8027. Of the funds made available in this Act, not less than
$55,000,000 shall be available to maintain an attrition reserve force of
18 B-52 aircraft, of which $3,300,000 shall be available from ``Military
Personnel, Air Force'', $37,400,000 shall be available from ``Operation
and Maintenance, Air Force'', and $14,300,000 shall be available from
``Aircraft Procurement, Air Force'': Provided, That the Secretary of the
Air Force shall maintain a total force of 94 B-52 aircraft, including 18
attrition reserve aircraft, during fiscal year 2002: Provided further,
That the Secretary of Defense shall include in the Air Force budget
request for fiscal year 2003 amounts sufficient to maintain a B-52 force
totaling 94 aircraft.
Sec. 8028. (a) Of the funds for the procurement of supplies or
services appropriated by this Act, qualified nonprofit agencies for the
blind or other severely handicapped shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any purchases made
from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely handicapped'' means a
nonprofit agency for the blind or other severely handicapped that has
been approved by the Committee for the Purchase from the Blind and Other
Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
Sec. 8029. During the current fiscal year, net receipts pursuant to
collections from third party payers pursuant to section 1095 of title
10, United States Code, shall be made available to the local facility of
the uniformed services responsible for the collections and shall be over
and above the facility's direct budget amount.
Sec. 8030. During the current fiscal year, the Department of Defense
is authorized to incur obligations of not to exceed $350,000,000 for
purposes specified in section 2350j(c) of title 10, United States Code,
in anticipation of receipt of contributions, only from the Government of
Kuwait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited to the
appropriations or fund which incurred such obligations.
Sec. 8031. Of the funds made available in this Act, not less than
$23,003,000 shall be available for the Civil Air Patrol Corporation, of
which $21,503,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which includes
$1,500,000 for the Civil Air Patrol counterdrug program: Provided, That
funds identified for ``Civil Air Patrol'' under this section are
intended for and shall be for the exclusive use of the Civil Air Patrol
Corporation and not for the Air Force or any unit thereof.
[[Page 115 STAT. 2254]]
Sec. 8032. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity
of a defense FFRDC, and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be compensated for his
or her services as a member of such entity, or as a paid consultant by
more than one FFRDC in a fiscal year: Provided, That a member of any
such entity referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Federal Joint
Travel Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2002 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2002, not more than 6,227
staff years of technical effort (staff years) may be funded for defense
FFRDCs: Provided, That of the specific amount referred to previously in
this subsection, not more than 1,029 staff years may be funded for the
defense studies and analysis FFRDCs.
(e) <<NOTE: Reports.>> The Secretary of Defense shall, with the
submission of the department's fiscal year 2003 budget request, submit a
report presenting the specific amounts of staff years of technical
effort to be allocated for each defense FFRDC during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$40,000,000.
Sec. 8033. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, <<NOTE: Applicability.>> That these
procurement restrictions shall apply to any and all Federal Supply Class
9515, American Society of Testing and Materials (ASTM) or American Iron
and Steel Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the military
department responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, That these restrictions shall not apply to contracts
which are in being as of the date of the enactment of this Act.
[[Page 115 STAT. 2255]]
Sec. 8034. For the purposes of this Act, the term ``congressional
defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
Sec. 8035. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles, through competition between Department of
Defense depot maintenance activities and private firms:
Provided, <<NOTE: Certification.>> That the Senior Acquisition Executive
of the military department or defense agency concerned, with power of
delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget Circular A-
76 shall not apply to competitions conducted under this section.
Sec. 8036. <<NOTE: 41 USC 10b-2.>> (a)(1) If the Secretary of
Defense, after consultation with the United States Trade Representative,
determines that a foreign country which is party to an agreement
described in paragraph (2) has violated the terms of the agreement by
discriminating against certain types of products produced in the United
States that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) <<NOTE: Reports.>> The Secretary of Defense shall submit to the
Congress a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2002. Such report shall separately
indicate the dollar value of items for which the Buy American Act was
waived pursuant to any agreement described in subsection (a)(2), the
Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending June
30, 1934, and for other purposes'', approved March 3, 1933 (41 U.S.C.
10a et seq.).
Sec. 8037. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and for
the purposes, provided in section 2865 of title 10, United States Code.
(including transfer of funds)
Sec. 8038. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the special
account established under 10 U.S.C. 2667(d)(1) are
[[Page 115 STAT. 2256]]
appropriated and shall be available until transferred by the Secretary
of Defense to current applicable appropriations or funds of the
Department of Defense under the terms and conditions specified by 40
U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged
with and to be available for the same time period and the same purposes
as the appropriation to which transferred.
Sec. 8039. <<NOTE: President. 10 USC 221 note.>> The President shall
include with each budget for a fiscal year submitted to the Congress
under section 1105 of title 31, United States Code, materials that shall
identify clearly and separately the amounts requested in the budget for
appropriation for that fiscal year for salaries and expenses related to
administrative activities of the Department of Defense, the military
departments, and the defense agencies.
Sec. 8040. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities, Defense''
may be obligated for the Young Marines program.
(including transfer of funds)
Sec. 8041. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8042. (a) In General.--Notwithstanding any other provision of
law, the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation Walking
Shield program shall resolve any conflicts among requests of Indian
tribes for housing units under subsection (a) before submitting requests
to the Secretary of the Air Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 479a-1).
Sec. 8043. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may
be used to purchase items having an investment item unit cost of not
more than $100,000: Provided, That the $100,000 limitation shall not
apply to amounts appropriated in this Act under the heading ``Operation
and Maintenance, Defense-Wide'' for expenses related to certain
classified activities.
Sec. 8044. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
[[Page 115 STAT. 2257]]
Working Capital Funds shall be used for the purchase of an investment
item for the purpose of acquiring a new inventory item for sale or
anticipated sale during the current fiscal year or a subsequent fiscal
year to customers of the Department of Defense Working Capital Funds if
such an item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2003 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2003 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2003 procurement appropriation and not in the supply
management business area or any other area or category of the Department
of Defense Working Capital Funds.
Sec. 8045. None of the funds appropriated by this Act for programs
of the Central Intelligence Agency shall remain available for obligation
beyond the current fiscal year, except for funds appropriated for the
Reserve for Contingencies, which shall remain available until September
30, 2003: <<NOTE: 50 USC 403u note.>> Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for agent operations and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947, as amended, shall remain available until September 30,
2003.
Sec. 8046. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.
Sec. 8047. Of the funds appropriated to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.
Sec. 8048. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the
current fiscal year and hereafter pursuant to section 1459(g) of the
Department of Defense Authorization Act, 1986, and deposited to the
special account established under subsection 1459(g)(2) of that Act are
appropriated and shall be available until expended for the operation and
maintenance of the Center as provided for in subsection 1459(g)(2).
[[Page 115 STAT. 2258]]
(transfer of funds)
Sec. 8049. In addition to the amounts appropriated elsewhere in this
Act, $10,000,000 is hereby appropriated to the Department of Defense:
Provided, That at the direction of the Assistant Secretary of Defense
for Reserve Affairs, these funds shall be transferred to the Reserve
component personnel accounts in title I of this Act: Provided further,
That these funds shall be used for incentive and bonus programs that
address the most pressing recruitment and retention issues in the
Reserve components.
Sec. 8050. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of
this subsection, the term ``Buy American Act'' means title III of the
Act entitled ``An Act making appropriations for the Treasury and Post
Office Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
Sec. 8051. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited proposal
unless the head of the activity responsible for the procurement
determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an amount
of less than $25,000, contracts related to improvements of equipment
that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed
by the Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8052. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
[[Page 115 STAT. 2259]]
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis, if
the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
Sec. 8053. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to lease
real and personal property at Naval Air Facility, Adak, Alaska, pursuant
to 10 U.S.C. 2667(f), for commercial, industrial or other purposes:
Provided, That notwithstanding any other provision of law, the Secretary
of the Navy may remove hazardous materials from facilities, buildings,
and structures at Adak, Alaska, and may demolish or otherwise dispose of
such facilities, buildings, and structures.
(rescissions)
Sec. 8054. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Former Soviet Union Threat Reduction, 2000/2002'',
$32,000,000;
``Other Procurement, Navy, 2000/2002'', $15,300,000;
``Aircraft Procurement, Air Force, 2000/2002'', $8,500,000;
``Other Procurement, Air Force, 2000/2002'', $20,000,000;
``Aircraft Procurement, Army, 2001/2003'', $16,000,000;
``Procurement of Ammunition, Army, 2001/2003'', $27,400,000;
``Other Procurement, Army, 2001/2003'', $28,745,000;
``Aircraft Procurement, Navy, 2001/2003'', $8,600,000;
``Weapons Procurement, Navy, 2001/2003'', $20,000,000;
``Other Procurement, Navy, 2001/2003'', $7,600,000;
``Procurement, Marine Corps, 2001/2003'', $1,000,000;
``Aircraft Procurement, Air Force, 2001/2003'', $63,283,000;
``Missile Procurement, Air Force, 2001/2003'', $58,450,000;
``Procurement of Ammunition, Air Force, 2001/2003'',
$5,800,000;
``Other Procurement, Air Force, 2001/2003'', $10,200,000;
``Procurement, Defense-Wide, 2001/2003'', $113,434,000;
``Research, Development, Test and Evaluation, Army, 2001/
2002'', $6,300,000;
``Research, Development, Test and Evaluation, Navy, 2001/
2002'', $18,800,000;
``Research, Development, Test and Evaluation, Air Force,
2001/2002'', $69,283,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2001/2002'', $780,000.
Sec. 8055. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army
[[Page 115 STAT. 2260]]
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or
reduction on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
Sec. 8056. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to the
Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8057. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State and
approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.
Sec. 8058. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Foreign Intelligence Program (NFIP), the Joint Military Intelligence
Program (JMIP), and the Tactical Intelligence and Related Activities
(TIARA) aggregate: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel and
training procedures.
Sec. 8059. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2001 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8060. <<NOTE: Deadline. Certification. 10 USC 2674 note.>> (a)
Limitation on Pentagon Renovation Costs.--Not later than the date each
year on which the President submits to Congress the budget under section
1105 of title 31, United States Code, the Secretary of Defense shall
submit to Congress a certification that the total cost for the planning,
design, construction, and installation of equipment for the renovation
of wedges 2 through 5 of the Pentagon Reservation, cumulatively, will
not exceed four times the total cost for the planning, design,
construction, and installation of equipment for the renovation of wedge
1.
(b) Annual Adjustment.--For purposes of applying the limitation in
subsection (a), the Secretary shall adjust the cost for the renovation
of wedge 1 by any increase or decrease in costs attributable to economic
inflation, based on the most recent economic assumptions issued by the
Office of Management and Budget for
[[Page 115 STAT. 2261]]
use in preparation of the budget of the United States under section 1104
of title 31, United States Code.
(c) Exclusion of Certain Costs.--For purposes of calculating the
limitation in subsection (a), the total cost for wedges 2 through 5
shall not include--
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on
September 11, 2001;
(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of Federal,
State, or local laws; and
(3) any increase in costs attributable to additional
security requirements that the Secretary of Defense considers
essential to provide a safe and secure working environment.
(d) Certification Cost Reports.--As part of the annual certification
under subsection (a), the Secretary shall report the projected cost (as
of the time of the certification) for--
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that occurred
on September 11, 2001.
(e) <<NOTE: Applicability.>> Duration of Certification
Requirement.--The requirement to make an annual certification under
subsection (a) shall apply until the Secretary certifies to Congress
that the renovation of the Pentagon Reservation is completed.
Sec. 8061. Notwithstanding any other provision of law, that not more
than 35 percent of funds provided in this Act, for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.
Sec. 8062. Of the funds made available under the heading ``Operation
and Maintenance, Air Force'', $10,200,000 shall be available to realign
railroad track on Elmendorf Air Force Base and Fort Richardson.
Sec. 8063. <<NOTE: 10 USC 374 note.>> (a) None of the funds
available to the Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or agency of the United States except as specifically
provided in an appropriations law.
(b) <<NOTE: 50 USC 403f note.>> None of the funds available to the
Central Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other department
or agency of the United States except as specifically provided in an
appropriations law.
(transfer of funds)
Sec. 8064. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
[[Page 115 STAT. 2262]]
Sec. 8065. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That the
Secretary of the military department responsible for such procurement
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire capability
for national security purposes: Provided
further, <<NOTE: Applicability.>> That this restriction shall not apply
to the purchase of ``commercial items'', as defined by section 4(12) of
the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
Sec. 8066. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8067. None of the funds in this Act may be used to purchase any
supercomputer which is not manufactured in the United States, unless the
Secretary of Defense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire capability for
national security purposes that is not available from United States
manufacturers.
Sec. 8068. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8069. Notwithstanding any other provision of law, each contract
awarded by the Department of Defense during the current fiscal year for
construction or service performed in whole or in part in a State (as
defined in section 381(d) of title 10, United States Code) which is not
contiguous with another State and has an unemployment rate in excess of
the national average rate of unemployment as determined by the Secretary
of Labor, shall include a provision requiring the contractor to employ,
for the purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are residents
of such State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills: Provided, That
the Secretary of Defense may waive the requirements of this section, on
a case-by-case basis, in the interest of national security.
Sec. 8070. None of the funds made available in this or any other Act
may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of another
Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided
[[Page 115 STAT. 2263]]
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
Sec. 8071. Of the funds made available in this Act under the heading
``Operation and Maintenance, Defense-Wide'', up to $5,000,000 shall be
available to provide assistance, by grant or otherwise, to public school
systems that have unusually high concentrations of special needs
military dependents enrolled: Provided, That in selecting school systems
to receive such assistance, special consideration shall be given to
school systems in States that are considered overseas assignments:
Provided further, That up to $2,000,000 shall be available for the
Department of Defense to establish a non-profit trust fund to assist in
the public-private funding of public school repair and maintenance
projects, or provide directly to non-profit organizations who in return
will use these monies to provide assistance in the form of repair,
maintenance, or renovation to public school systems that have high
concentrations of special needs military dependents and are located in
States that are considered overseas assignments: Provided further, That
to the extent a Federal agency provides this assistance, by contract,
grant or otherwise, it may accept and expend non-Federal funds in
combination with these Federal funds to provide assistance for the
authorized purpose, if the non-Federal entity requests such assistance
and the non-Federal funds are provided on a reimbursable basis.
Sec. 8072. <<NOTE: Notice.>> (a) Limitation on Transfer of Defense
Articles and Services.--Notwithstanding any other provision of law, none
of the funds available to the Department of Defense for the current
fiscal year may be obligated or expended to transfer to another nation
or an international organization any defense articles or services (other
than intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) <<NOTE: Applicability.>> Covered Activities.--This section
applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement,
or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to
be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory
requirements of all elements of the Armed Forces
(including the reserve components) for the type of
equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such
replacement.
[[Page 115 STAT. 2264]]
Sec. 8073. To the extent authorized by subchapter VI of chapter 148
of title 10, United States Code, the Secretary of Defense may issue loan
guarantees in support of United States defense exports not otherwise
provided for: Provided, That the total contingent liability of the
United States for guarantees issued under the authority of this section
may not exceed $15,000,000,000: Provided further, That the exposure fees
charged and collected by the Secretary for each guarantee shall be paid
by the country involved and shall not be financed as part of a loan
guaranteed by the United States: Provided
further, <<NOTE: Reports.>> That the Secretary shall provide quarterly
reports to the Committees on Appropriations, Armed Services, and Foreign
Relations of the Senate and the Committees on Appropriations, Armed
Services, and International Relations in the House of Representatives on
the implementation of this program: Provided further, That amounts
charged for administrative fees and deposited to the special account
provided for under section 2540c(d) of title 10, shall be available for
paying the costs of administrative expenses of the Department of Defense
that are attributable to the loan guarantee program under subchapter VI
of chapter 148 of title 10, United States Code.
Sec. 8074. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8075. (a) None of the funds appropriated or otherwise made
available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll for
the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.
Sec. 8076. Up to $3,000,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the repair,
maintenance, and operation of adjacent off-base water, drainage, and
flood control systems critical to base operations.
(including transfer of funds)
Sec. 8077. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
[[Page 115 STAT. 2265]]
Sec. 8078. <<NOTE: Applicability.>> For purposes of section 1553(b)
of title 31, United States Code, any subdivision of appropriations made
in this Act under the heading ``Shipbuilding and Conversion, Navy''
shall be considered to be for the same purpose as any subdivision under
the heading ``Shipbuilding and Conversion, Navy'' appropriations in any
prior year, and the 1 percent limitation shall apply to the total amount
of the appropriation.
Sec. 8079. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That in
the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8080. Funds appropriated in title II of this Act and for the
Defense Health Program in title VI of this Act for supervision and
administration costs for facilities maintenance and repair, minor
construction, or design projects may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8081. During the current fiscal year, the Secretary of Defense
may waive reimbursement of the cost of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific
Center for Security Studies for military officers and civilian officials
of foreign nations if the Secretary determines that attendance by such
personnel, without reimbursement, is in the national security interest
of the United States: Provided, That costs for which reimbursement is
waived pursuant to this section shall be paid from appropriations
available for the Asia-Pacific Center.
Sec. 8082. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
[[Page 115 STAT. 2266]]
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8083. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private, regional
or municipal services, if provisions are included for the consideration
of United States coal as an energy source.
Sec. 8084. <<NOTE: 31 USC 3902 note.>> Notwithstanding 31 U.S.C.
3902, during the current fiscal year and hereafter, interest penalties
may be paid by the Department of Defense from funds financing the
operation of the military department or defense agency with which the
invoice or contract payment is associated.
Sec. 8085. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.
Sec. 8086. Of the funds made available under the heading ``Operation
and Maintenance, Air Force'', not less than $1,500,000 shall be made
available by grant or otherwise, to the Council of Athabascan Tribal
Governments, to provide assistance for health care, monitoring and
related issues associated with research conducted from 1955 to 1957 by
the former Arctic Aeromedical Laboratory.
Sec. 8087. In addition to the amounts appropriated or otherwise made
available in this Act, $3,500,000, to remain available until September
30, 2002, is hereby appropriated to the Department of Defense: Provided,
That the Secretary of Defense shall make a grant in the amount of
$3,500,000 to the American Red Cross for Armed Forces Emergency
Services.
Sec. 8088. None of the funds made available in this Act may be used
to approve or license the sale of the F-22 advanced tactical fighter to
any foreign government.
Sec. 8089. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and
[[Page 115 STAT. 2267]]
the foreign country, or would invalidate reciprocal trade agreements for
the procurement of defense items entered into under section 2531 of
title 10, United States Code, and the country does not discriminate
against the same or similar defense items produced in the United States
for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under headings
4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109,
8211, 8215, and 9404.
Sec. 8090. Funds made available to the Civil Air Patrol in this Act
under the heading ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be used for the Civil Air Patrol Corporation's counterdrug
program, including its demand reduction program involving youth
programs, as well as operational and training drug reconnaissance
missions for Federal, State, and local government agencies; and for
equipment needed for mission support or performance: Provided, That the
Department of the Air Force should waive reimbursement from the Federal,
State, and local government agencies for the use of these funds.
Sec. 8091. Section 8125 of the Department of Defense Appropriations
Act, 2001 (Public Law 106-259), <<NOTE: 114 Stat. 702.>> is hereby
repealed.
Sec. 8092. Of the funds appropriated in this Act under the heading
``Research, Development, Test and Evaluation, Navy'', up to $2,600,000
may be made available for a Maritime Fire Training Center at Barbers
Point, including provision for laboratories, construction, and other
efforts associated with research, development, and other programs of
major importance to the Department of Defense.
Sec. 8093. (a) Prohibition.--None of the funds made available by
this Act may be used to support any training program involving a unit of
the security forces of a foreign country if the Secretary of Defense has
received credible information from the Department of State that the unit
has committed a gross violation of human rights, unless all necessary
corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to conduct any
training program referred to in subsection (a), full consideration is
given to all credible information available to the Department of State
relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary circumstances.
(d) Report.--Not <<NOTE: Deadline.>> more than 15 days after the
exercise of any waiver under subsection (c), the Secretary of Defense
shall submit
[[Page 115 STAT. 2268]]
a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the training
program, the United States forces and the foreign security forces
involved in the training program, and the information relating to human
rights violations that necessitates the waiver.
Sec. 8094. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to
distribute surplus dental equipment of the Department of Defense, at no
cost to the Department of Defense, to Indian health service facilities
and to federally-qualified health centers (within the meaning of section
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
Sec. 8095. The total amount appropriated in this Act is hereby
reduced by $240,000,000 to reflect savings from favorable foreign
currency fluctuations, to be derived as follows:
``Military Personnel, Army'', $39,400,000;
``Military Personnel, Navy'', $800,000;
``Military Personnel, Marine Corps'', $9,900,000;
``Military Personnel, Air Force'', $19,500,000;
``Operation and Maintenance, Army'', $87,600,000;
``Operation and Maintenance, Navy'', $18,300,000;
``Operation and Maintenance, Marine Corps'', $1,300,000;
``Operation and Maintenance, Air Force'', $33,800,000; and
``Operation and Maintenance, Defense-Wide'', $29,400,000.
Sec. 8096. None of the funds appropriated or made available in this
Act to the Department of the Navy shall be used to develop, lease or
procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire capability
for national security purposes or there exists a significant cost or
quality difference.
Sec. 8097. <<NOTE: 10 USC 221 note.>> The budget of the President
for fiscal year 2003 submitted to the Congress pursuant to section 1105
of title 31, United States Code, and each annual budget request
thereafter, shall include separate budget justification documents for
costs of United States Armed Forces' participation in contingency
operations for the Military Personnel accounts, the Overseas Contingency
Operations Transfer Fund, the Operation and Maintenance accounts, and
the Procurement accounts: Provided, That these budget justification
documents shall include a description of the funding requested for each
anticipated contingency operation, for each military service, to include
active duty and Guard and Reserve components, and for each appropriation
account: Provided further, That these documents shall include estimated
costs for each element of expense or object class, a reconciliation of
increases and decreases for ongoing contingency operations, and
programmatic data including, but not limited to troop strength for each
active duty and Guard and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP-5 and OP-
32, as defined in the Department of Defense Financial
[[Page 115 STAT. 2269]]
Management Regulation, for the Overseas Contingency Operations Transfer
Fund for fiscal years 2001 and 2002.
Sec. 8098. Notwithstanding any other provision of law, the total
amount appropriated in this Act under title I and title II is hereby
reduced by $50,000,000: Provided, That during the current fiscal year,
not more than 250 military and civilian personnel of the Department of
Defense shall be assigned to legislative affairs or legislative liaison
functions: Provided further, That of the 250 personnel assigned to
legislative liaison or legislative affairs functions, 20 percent shall
be assigned to the Office of the Secretary of Defense and the Office of
the Chairman of the Joint Chiefs of Staff, 20 percent shall be assigned
to the Department of the Army, 20 percent shall be assigned to the
Department of the Navy, 20 percent shall be assigned to the Department
of the Air Force, and 20 percent shall be assigned to the combatant
commands: Provided further, That of the personnel assigned to
legislative liaison and legislative affairs functions, no fewer than 20
percent shall be assigned to the Under Secretary of Defense
(Comptroller), the Assistant Secretary of the Army (Financial Management
and Comptroller), the Assistant Secretary of the Navy (Financial
Management and Comptroller), and the Assistant Secretary of the Air
Force (Financial Management and Comptroller).
Sec. 8099. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
Sec. 8100. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'' for any advanced concept technology
demonstration project may only be obligated 30 days after a report,
including a description of the project and its estimated annual and
total cost, has been provided in writing to the congressional defense
committees: Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the congressional
defense committees that it is in the national interest to do so.
Sec. 8101. Notwithstanding any other provision of law, for the
purpose of establishing all Department of Defense policies governing the
provision of care provided by and financed under the military health
care system's case management program under 10 U.S.C. 1079(a)(17), the
term ``custodial care'' shall be defined as care designed essentially to
assist an individual in meeting the activities of daily living and which
does not require the supervision of trained medical, nursing,
paramedical or other specially trained individuals: Provided, That the
case management program shall provide that members and retired members
of the military services, and their dependents and survivors, have
access to all medically necessary health care through the health care
delivery system of the military services regardless of the health care
status of the person seeking the health care: Provided further, That the
case management program shall be the primary obligor for payment of
medically necessary services and shall not be considered as secondarily
liable to title XIX of the Social Security Act, other welfare programs
or charity based care.
[[Page 115 STAT. 2270]]
Sec. 8102. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $262,000,000,
to reduce cost growth in travel, to be distributed as follows:
``Operation and Maintenance, Army'', $21,000,000;
``Operation and Maintenance, Navy'', $14,000,000;
``Operation and Maintenance, Marine Corps'', $4,000,000;
``Operation and Maintenance, Air Force'', $180,000,000;
``Operation and Maintenance, Defense-wide'', $20,000,000;
``Operation and Maintenance, Army Reserve'', $4,000,000;
``Operation and Maintenance, Navy Reserve'', $2,000,000;
``Operation and Maintenance, Air Force Reserve'',
$5,000,000;
``Operation and Maintenance, Army National Guard'',
$6,000,000; and
``Operation and Maintenance, Air National Guard'',
$6,000,000.
Sec. 8103. During the current fiscal year, refunds attributable to
the use of the Government travel card, refunds attributable to the use
of the Government Purchase Card and refunds attributable to official
Government travel arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance accounts of the
Department of Defense which are current when the refunds are received.
Sec. 8104. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None of the
funds appropriated in this Act may be used for a mission critical or
mission essential financial management information technology system
(including a system funded by the defense working capital fund) that is
not registered with the Chief Information Officer of the Department of
Defense. A system shall be considered to be registered with that officer
upon the furnishing to that officer of notice of the system, together
with such information concerning the system as the Secretary of Defense
may prescribe. A financial management information technology system
shall be considered a mission critical or mission essential information
technology system as defined by the Under Secretary of Defense
(Comptroller).
(b) Certifications as to Compliance With Financial Management
Modernization Plan.--(1) During the current fiscal year, a financial
management major automated information system may not receive Milestone
I approval, Milestone II approval, or Milestone III approval, or their
equivalent, within the Department of Defense until the Under Secretary
of Defense (Comptroller) certifies, with respect to that milestone, that
the system is being developed in accordance with the Department's
Financial Management Modernization Plan. The Under Secretary of Defense
(Comptroller) may require additional certifications, as appropriate,
with respect to any such system.
(2) <<NOTE: Notification.>> The Chief Information Officer shall
provide the congressional defense committees timely notification of
certifications under paragraph (1).
(c) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
[[Page 115 STAT. 2271]]
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.1.
Sec. 8105. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support to
another department or agency of the United States if such department or
agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable basis,
and is providing the requested support pursuant to such authority:
Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8106. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department
of Defense that has a center-fire cartridge and a United States military
nomenclature designation of ``armor penetrator'', ``armor piercing
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under a contract
that requires the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used
to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a
License for Permanent Export of Unclassified Military Articles issued by
the Department of State.
Sec. 8107. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under 10
U.S.C. 2667, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in 32 U.S.C.
508(d), or any other youth, social, or fraternal non-profit organization
as may be approved by the Chief of the National Guard Bureau, or his
designee, on a case-by-case basis.
Sec. 8108. <<NOTE: Alcohol and alcoholic beverages. 10 USC 2488
note.>> None of the funds appropriated by this Act shall be used for the
support of any nonappropriated funds activity of the Department of
Defense that procures malt beverages and wine with nonappropriated funds
for resale (including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless such malt
beverages and wine are procured within that State, or in the case of the
District of Columbia, within the District of Columbia, in which the
military installation is located: Provided, That in a case in which the
military installation is located in more than one State, purchases may
be made in any State in which the installation is located: Provided
further, <<NOTE: Applicability.>> That such local procurement
requirements for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are not
contiguous with
[[Page 115 STAT. 2272]]
another State: Provided further, That alcoholic beverages other than
wine and malt beverages, in contiguous States and the District of
Columbia shall be procured from the most competitive source, price and
other factors considered.
Sec. 8109. <<NOTE: Regulations.>> During the current fiscal year,
under regulations prescribed by the Secretary of Defense, the Center of
Excellence for Disaster Management and Humanitarian Assistance may also
pay, or authorize payment for, the expenses of providing or facilitating
education and training for appropriate military and civilian personnel
of foreign countries in disaster management, peace operations, and
humanitarian assistance.
Sec. 8110. <<NOTE: Contracts.>> (a) The Department of Defense is
authorized to enter into agreements with the Veterans Administration and
federally-funded health agencies providing services to Native Hawaiians
for the purpose of establishing a partnership similar to the Alaska
Federal Health Care Partnership, in order to maximize Federal resources
in the provision of health care services by federally-funded health
agencies, applying telemedicine technologies. For the purpose of this
partnership, Native Hawaiians shall have the same status as other Native
Americans who are eligible for the health care services provided by the
Indian Health Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring maximum
Native Hawaiian participation in the direction and administration of
governmental services so as to render those services more responsive to
the needs of the Native Hawaiian community.
(c) For purposes of this section, the term ``Native Hawaiian'' means
any individual who is a descendant of the aboriginal people who, prior
to 1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
Sec. 8111. In addition to the amounts provided elsewhere in this
Act, the amount of $8,500,000 is hereby appropriated for ``Operation and
Maintenance, Defense-Wide'', to be available, notwithstanding any other
provision of law, only for a grant to the United Service Organizations
Incorporated, a federally chartered corporation under chapter 2201 of
title 36, United States Code. The grant provided under authority of this
section is in addition to any grant provided for under any other
provision of law.
Sec. 8112. Of the amounts appropriated in this Act under the heading
``Research, Development, Test and Evaluation, Defense-Wide'',
$131,700,000 shall be made available for the Arrow missile defense
program: Provided, That of this amount, $97,700,000 shall be made
available for the purpose of continuing the Arrow System Improvement
Program (ASIP), continuing ballistic missile defense interoperability
with Israel, and establishing an Arrow production capability in the
United States: Provided further, That the remainder, $34,000,000, shall
be available for the purpose of adjusting the cost-share of the parties
under the Agreement between the Department of Defense and the Ministry
of Defense of Israel for the Arrow Deployability Program.
Sec. 8113. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground control
segments of such system's modernization program.
[[Page 115 STAT. 2273]]
(including transfer of funds)
Sec. 8114. Of the amounts appropriated in this Act under the
heading, ``Operation and Maintenance, Defense-Wide'', $115,000,000 shall
remain available until expended: Provided, That notwithstanding any
other provision of law, the Secretary of Defense is authorized to
transfer such funds to other activities of the Federal Government.
Sec. 8115. None of the funds appropriated in this Act under the
heading ``Overseas Contingency Operations Transfer Fund'' may be
transferred or obligated for Department of Defense expenses not directly
related to the conduct of overseas contingencies:
Provided, <<NOTE: Reports. Deadline.>> That the Secretary of Defense
shall submit a report no later than 30 days after the end of each fiscal
quarter to the Committees on Appropriations of the Senate and House of
Representatives that details any transfer of funds from the ``Overseas
Contingency Operations Transfer Fund'': Provided further, That the
report shall explain any transfer for the maintenance of real property,
pay of civilian personnel, base operations support, and weapon, vehicle
or equipment maintenance.
Sec. 8116. In addition to amounts appropriated elsewhere in this
Act, $4,500,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of the Army shall make a grant in the
amount of $4,500,000 to the Fort Des Moines Memorial Park and Education
Center.
Sec. 8117. In addition to amounts appropriated elsewhere in this
Act, $4,250,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make a grant in the amount
of $4,250,000 to the National D-Day Museum.
Sec. 8118. <<NOTE: Applicability. 10 USC 113 note.>> Section 8106 of
the Department of Defense Appropriations Act, 1997 (titles I through
VIII of the matter under subsection 101(b) of Public Law 104-208; 110
Stat. 3009-111; 10 U.S.C. 113 note) shall continue in effect to apply to
disbursements that are made by the Department of Defense in fiscal year
2002.
Sec. 8119. In addition to amounts provided in this Act, $1,700,000
is hereby appropriated for ``Defense Health Program'', to remain
available for obligation until expended: Provided, That notwithstanding
any other provision of law, these funds shall be available only for a
grant to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
Sec. 8120. (a) Section 8162 of the Department of Defense
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-79) is
amended--
(1) by redesignating subsection (m) as subsection (o); and
(2) by adding after subsection (l) the following:
``(m) Authority to Establish Memorial.--
``(1) In general.--The Commission may establish a permanent
memorial to Dwight D. Eisenhower on land under the jurisdiction
of the Secretary of the Interior in the District of Columbia or
its environs.
``(2) Compliance with standards for commemorative works.--
The establishment of the memorial shall be in accordance with
the Commemorative Works Act (40 U.S.C. 1001 et seq.).''.
[[Page 115 STAT. 2274]]
(b) Section 8162 of the Department of Defense Appropriations Act,
2000 (16 U.S.C. 431 note; Public Law 106-79) is amended--
(1) in subsection (j)(2), by striking ``accept gifts'' and
inserting ``solicit and accept contributions''; and
(2) by inserting after subsection (m) (as added by
subsection (a)(2)) the following:
``(n) Memorial Fund.--
``(1) Establishment.--There is created in the Treasury a
fund for the memorial to Dwight D. Eisenhower that includes
amounts contributed under subsection (j)(2).
``(2) Use of fund.--The fund shall be used for the expenses
of establishing the memorial.
``(3) Interest.--The Secretary of the Treasury shall credit
to the fund the interest on obligations held in the fund.''.
(c) In addition to the amounts appropriated or otherwise made
available elsewhere in this Act for the Department of Defense,
$2,600,000, to remain available until expended is hereby appropriated to
the Department of Defense: Provided, That the Secretary of Defense shall
make a grant in the amount of $2,600,000 to the Dwight D. Eisenhower
Memorial Commission for direct administrative support.
(including transfer of funds)
Sec. 8121. In addition to the amounts appropriated elsewhere in this
Act, $1,700,000, to remain available until expended, is hereby
appropriated to the Department of Defense:
Provided, <<NOTE: Deadline.>> That not later than 30 days after the
enactment of this Act, the Secretary of Defense shall transfer these
funds to the Department of Energy appropriation account ``Fossil Energy
Research and Development'', only for a proposed conceptual design study
to examine the feasibility of a zero emissions, steam injection process
with possible applications for increased power generation efficiency,
enhanced oil recovery and carbon sequestration.
Sec. 8122. <<NOTE: Contracts. Claims.>> In addition to amounts
appropriated elsewhere in this Act, $8,000,000 shall be available only
for the settlement of subcontractor claims for payment associated with
the Air Force contract F19628-97-C-0105, Clear Radar Upgrade, at Clear
AFS, Alaska: Provided, That all affected subcontractors shall mutually
resolve the amounts claimed for payment by cooperative negotiation,
third-party mediation or other form of alternative dispute resolution
and shall present such claims to the Secretary of the Air Force:
Provided further, That the Secretary of the Air Force shall evaluate
claims as may be submitted by subcontractors, engaged under the
contract, and, notwithstanding any other provision of law shall pay such
amounts from the funds provided in this paragraph which the Secretary
deems appropriate to settle completely any claims which the Secretary
determines to have merit, with no right of appeal in any forum: Provided
further, That subcontractors are to be paid interest, calculated in
accordance with the Contract Disputes Act of 1978, 41 U.S.C. 601-613, on
any claims which the Secretary determines to have merit: Provided
further, That the Secretary of the Air Force may delegate evaluation and
payment as above to the U.S. Army Corps of Engineers, Alaska District on
a reimbursable basis.
Sec. 8123. Notwithstanding any other provision of this Act, the
total amount appropriated in this Act is hereby reduced by
$1,650,000,000, to reflect savings to be achieved from business
[[Page 115 STAT. 2275]]
process reforms, management efficiencies, and procurement of
administrative and management support: Provided, That none of the funds
provided in this Act may be used for consulting and advisory services
for legislative affairs and legislative liaison functions.
Sec. 8124. Funds appropriated for Operation and Maintenance in title
II of this Act may be used to complete certain projects for which funds
have been provided from--
(1) amounts appropriated for ``Operation and Maintenance,
Navy'' in section 110 of the Emergency Supplemental Act, 2000
(division B of Public Law 106-246; 114 Stat. 530); or
(2) amounts appropriated for ``Operation and Maintenance,
Navy'' in section 9001(a)(2)(i) of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 709).
Sec. 8125. <<NOTE: 10 USC note prec. 2161.>> In addition to amounts
provided elsewhere in this Act, $17,900,000 is hereby appropriated for
the Secretary of Defense, to remain available until expended, to
establish a Regional Defense Counter-terrorism Fellowship Program:
Provided, That funding provided herein may be used by the Secretary to
fund foreign military officers to attend U.S. military educational
institutions and selected regional centers for non-lethal training:
Provided further, That United States Regional Commanders in Chief will
be the nominative authority for candidates and schools for attendance
with joint staff review and approval by the Secretary of Defense:
Provided further, That the Secretary of <<NOTE: Rules.>> Defense shall
establish rules to govern the administration of this program.
Sec. 8126. Notwithstanding any other provision of law, from funds
appropriated in this or any other Act under the heading, ``Aircraft
Procurement, Air Force'', that remain available for obligation, not to
exceed $26,700,000 shall be available for recording, adjusting, and
liquidating obligations for the C-17 aircraft properly chargeable to the
fiscal year 1998 and 1999 ``Aircraft Procurement, Air Force'' account:
Provided, <<NOTE: Notification.>> That the Secretary of the Air Force
shall notify the congressional defense committees 30 days prior to
obligation of all of the specific sources of funds to be used for such
purpose.
Sec. 8127. Notwithstanding any other provision of law, from funds
appropriated in this or any other Act under the heading, ``Missile
Procurement, Air Force'', that remain available for obligation, not to
exceed $50,000,000 shall be available for recording, adjusting, and
liquidating obligations properly chargeable to fiscal year 1997 and 1998
``Missile Procurement, Air Force'' accounts:
Provided, <<NOTE: Notification.>> That the Secretary of the Air Force
shall notify the congressional defense committees 30 days prior to
obligation of all of the specific sources of funds to be used for such
purpose.
Sec. 8128. Notwithstanding any provisions of the Southern Nevada
Public Land Management Act of 1998, Public Law 105-263, or the land use
planning provision of section 202 of the Federal Land Policy and
Management Act of 1976, Public Law 94-579, or of any other law to the
contrary, the Secretary of the Interior may acquire non-Federal lands
adjacent to Nellis Air Force Base, through a land exchange in Nevada, to
ensure the continued safe operation of live ordnance departure areas at
Nellis Air Force Base, Las Vegas, Nevada. The Secretary of the Air Force
shall identify up to 220 acres of non-Federal lands needed to ensure the
continued safe operation of the live ordnance departure areas at Nellis
Air Force Base. Any such identified property acquired
[[Page 115 STAT. 2276]]
by exchange by the Secretary of the Interior shall be transferred by the
Secretary of the Interior to the jurisdiction, custody, and control of
the Secretary of the Air Force to be managed as a part of Nellis Air
Force Base. To the extent the Secretary of the Interior is unable to
acquire non-Federal lands by exchange, the Secretary of the Air Force is
authorized to purchase those lands at fair market value subject to
available appropriations.
(including transfer of funds)
Sec. 8129. Of the amounts appropriated in this Act under the
heading, ``Shipbuilding and Conversion, Navy'', $729,248,000 shall be
available until September 30, 2002, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this Act, the Secretary of
the Navy shall transfer such funds to the following appropriations in
the amounts specified: Provided further, That the amounts transferred
shall be merged with and be available for the same purposes as the
appropriations to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion,
Navy, 1995/2002'':
Carrier Replacement Program, $169,364,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1996/2002'':
LPD-17 Amphibious Transport Dock Ship Program,
$172,989,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1997/2002'':
DDG-51 Destroyer Program, $35,200,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1998/2002'':
NSSN Program, $166,561,000;
DDG-51 Destroyer Program, $108,457,000;
Under the heading, ``Shipbuilding and Conversion,
Navy, 1999/2002'':
NSSN Program, $60,429,000.
Under the heading, ``Shipbuilding and Conversion,
Navy, 2001/2005'':
Submarine Refuelings, $16,248,000.
(transfer of funds)
Sec. 8130. Upon enactment of this Act, the Secretary of the Navy
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purpose as the
appropriations to which transferred, and for the same time period as the
appropriation from which transferred: Provided further, That the amounts
shall be transferred between the following appropriations in the amount
specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1990/2002'':
TRIDENT ballistic missile submarine program,
$78,000;
SSN-21 attack submarine program, $66,000;
DDG-51 destroyer program, $6,100,000;
ENTERPRISE refueling/modernization program,
$964,000;
[[Page 115 STAT. 2277]]
LSD-41 dock landing ship cargo variant ship program,
$237,000;
MCM mine countermeasures program, $118,000;
Oceanographic ship program, $2,317,000;
AOE combat support ship program, $164,000;
AO conversion program, $56,000;
Coast Guard icebreaker ship program, $863,000;
Craft, outfitting, post delivery, and ship special
support equipment, $529,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1998/2002'': DDG-51 destroyer program, $11,492,000;
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1993/2002'':
DDG-51 destroyer program, $3,986,000;
LHD-1 amphibious assault ship program, $85,000;
LSD-41 dock landing ship cargo variant program,
$428,000;
AOE combat support ship program, $516,000;
Craft, outfitting, post delivery, and first
destination transportation, and inflation adjustments,
$1,034,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1998/2002'': DDG-51 destroyer program, $6,049,000.
(including transfer of funds)
Sec. 8131. Of the funds appropriated by this Act under the heading,
``Operation and Maintenance, Navy'', $56,000,000 shall remain available
until expended, only for costs associated with the stabilization,
return, refitting, necessary force protection upgrades, and repair of
the U.S.S. COLE: Provided, That the Secretary of Defense may transfer
these funds to appropriations accounts for procurement and that the
funds transferred shall be merged with and shall be available for the
same purposes and for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this section is in addition to any other transfer authority available to
the Department of Defense.
Sec. 8132. (a) <<NOTE: Gwitchyaa Zhee Corporation.>> The Secretary
of Defense shall convey to Gwitchyaa Zhee Corporation the lands
withdrawn by Public Land Order No. 1996, Lot 1 of United States Survey
7008, Public Land Order No. 1396, a portion of Lot 3 of United States
Survey 7161, lands reserved pursuant to the instructions set forth at
page 513 of volume 44 of the Interior Land Decisions issued January 13,
1916, Lot 13 of United States Survey 7161, Lot 1 of United States Survey
7008 described in Public Land Order No. 1996, and Lot 13 of the United
States Survey 7161 reserved pursuant to the instructions set forth at
page 513 of volume 44 of the Interior Land Decisions issued January 13,
1916.
(b) Following site restoration and survey by the Department of the
Air Force that portion of Lot 3 of United States Survey 7161 withdrawn
by Public Land Order No. 1396 and no longer needed by the Air Force
shall be conveyed to Gwitchyaa Zhee Corporation.
Sec. 8133. The Secretary of the Navy may settle, or compromise, and
pay any and all admiralty claims under 10 U.S.C.
[[Page 115 STAT. 2278]]
7622 arising out of the collision involving the U.S.S. GREENEVILLE and
the EHIME MARU, in any amount and without regard to the monetary
limitations in subsections (a) and (b) of that section: Provided, That
such payments shall be made from funds available to the Department of
the Navy for operation and maintenance.
Sec. 8134. <<NOTE: 42 USC 429 note.>> Notwithstanding section 229(a)
of the Social Security Act, no wages shall be deemed to have been paid
to any individual pursuant to that section in any calendar year after
2001.
Sec. 8135. The total amount appropriated in this Act is hereby
reduced by $105,000,000 to reflect fact-of-life changes in utilities
costs, to be derived as follows:
``Operation and Maintenance, Army'', $34,700,000;
``Operation and Maintenance, Navy'', $8,800,000;
``Operation and Maintenance, Marine Corps'', $7,200,000;
``Operation and Maintenance, Air Force'', $28,800,000;
``Operation and Maintenance, Defense-Wide'', $4,500,000;
``Operation and Maintenance, Army Reserve'', $2,700,000;
``Operation and Maintenance, Army National Guard'',
$2,700,000;
``Operation and Maintenance, Air National Guard'',
$3,400,000;
``Defense Working Capital Funds'', $7,100,000; and
``Defense Health Program'', $5,100,000.
Sec. 8136. (a) Of the total amount appropriated for ``Operation and
Maintenance, Air Force'', $2,100,000, to remain available until
expended, shall be available to the Secretary of the Air Force only for
the purpose of making a grant in the amount of $2,100,000 to the
Lafayette Escadrille Memorial Foundation, Inc., to be used to perform
the repair, restoration, and preservation of the structure, plaza, and
surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-
Coguette, France.
(b) The Secretary shall require as a condition of the grant--
(1) that the funds provided through the grant be used only
for costs associated with such repair, restoration, and
preservation; and
(2) that none of those funds may be used for remuneration of
any entity or individual associated with fund raising for the
project to carry out such repair, restoration, and preservation.
Sec. 8137. <<NOTE: California. 16 USC 431 note.>> (a) Designation of
National Memorial.--The five-foot-tall white cross first erected by the
Veterans of Foreign Wars of the United States in 1934 along Cima Road in
San Bernardino County, California, and now located within the boundary
of the Mojave National Preserve, as well as a limited amount of
adjoining Preserve property to be designated by the Secretary of the
Interior, is hereby designated as a national memorial commemorating
United States participation in World War I and honoring the American
veterans of that war.
(b) Legal Description.--The memorial cross referred to in subsection
(a) is located at latitude 35.316 North and longitude 115.548 West. The
exact acreage and legal description of the property to be included by
the Secretary of the Interior in the national World War I memorial shall
be determined by a survey prepared by the Secretary.
(c) Reinstallation of Memorial Plaque.--The Secretary of the
Interior shall use not more than $10,000 of funds available
[[Page 115 STAT. 2279]]
for the administration of the Mojave National Preserve to acquire a
replica of the original memorial plaque and cross placed at the national
World War I memorial designated by subsection (a) and to install the
plaque in a suitable location on the grounds of the memorial.
Sec. 8138. In addition to the amounts provided elsewhere in this
Act, the amount of $4,200,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Navy''. Such amount shall be
used by the Secretary of the Navy only to make a grant in the amount of
$4,200,000 to the U.S.S. Alabama Battleship Foundation, a nonprofit
organization established under the laws of the State of Alabama, to be
available only for the preservation of the former U.S.S. ALABAMA (ex BB-
60) as a museum and memorial.
Sec. 8139. In addition to the amounts provided elsewhere in this
Act, the amount of $4,250,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Navy''. Such amount shall be
used by the Secretary of the Navy only to make a grant in the amount of
$4,250,000 to the Intrepid Sea-Air-Space Foundation only for the
preservation of the former U.S.S. INTREPID (CV 11) as a museum and
memorial.
Sec. 8140. In addition to the amounts provided elsewhere in this
Act, the amount of $6,000,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Air Force''. Such amount
shall be used by the Secretary of the Air Force only to make a grant in
the amount of $6,000,000 to the Medical Lake School District, Washington
State school district number 326, for relocation of the Fairchild Air
Force Base Elementary School within the boundary of Fairchild Air Force
Base, Washington.
Sec. 8141. In addition to the amounts provided elsewhere in this
Act, the amount of $3,500,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Navy''. Such amount shall be
used by the Secretary of the Navy only to make a grant in the amount of
$3,500,000 to the Central Kitsap School District, Washington State
school district number 401, for the purchase and installation of
equipment for a special needs learning center to meet the needs of
Department of Defense special needs students at Submarine Base Bangor,
Washington.
Sec. 8142. (a) In addition to amounts provided elsewhere in this
Act, the amount of $8,500,000 is hereby appropriated for ``Operation and
Maintenance, Defense-Wide'', to be available to the Secretary of Defense
only for the purpose of making a grant for the purpose specified in
section 8156 of the Department of Defense Appropriations Act, 2001
(Public Law 106-259; 114 Stat. 707), as amended by subsection
(b). <<NOTE: Deadline.>> Such grant shall be made not later than 90 days
after the date of the enactment of this Act.
(b) Section 8156 of the Department of Defense Appropriations Act,
2001 (Public Law 106-259; 114 Stat. 707), is amended by striking the
comma after ``California'' the first place it appears and all that
follows through ``96-8867)''.
Sec. 8143. (a) Activities Under Formerly Utilized Sites Remedial
Action Program.--Subject to subsections (b) through (e) of section 611
of Public Law 106-60 (113 Stat. 502; 10 U.S.C. 2701 note), the Secretary
of the Army, acting through the Chief of Engineers, under the Formerly
Utilized Sites Remedial Action Program shall undertake the functions and
activities specified in subsection (a) of such section in order to--
[[Page 115 STAT. 2280]]
(1) clean up radioactive contamination at the Shpack
Landfill site located in Norton and Attleboro, Massachusetts;
and
(2) clean up radioactive waste at the Shallow Land Disposal
Area located in Parks Township, Armstrong County, Pennsylvania,
consistent with the Memorandum of Understanding Between the
United States Nuclear Regulatory Commission and the United
States Army Corps of Engineers for Coordination on Cleanup and
Decommissioning of the Formerly Utilized Sites Remedial Action
Program (FUSRAP) Sites with NRC-Licensed Facilities, dated July
5, 2001.
(b) Special Rules Regarding Shallow Land Disposal Area.--The
Secretary of the Army shall seek to recover response costs incurred by
the Army Corps of Engineers for cleanup of the Shallow Land Disposal
Area from appropriate responsible parties in accordance with the
Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.). The Secretary of the Army and the Corps
of Engineers shall not, by virtue of this cleanup, become liable for the
actions or omissions of past, current, or future licensees, owners, or
operators of the Shallow Land Disposal Area.
(c) Funding Sources.--Amounts appropriated to the Army Corps of
Engineers for fiscal year 2001 and subsequent fiscal years and available
for the Formerly Utilized Sites Remedial Action Program shall be
available to carry out this section.
Sec. 8144. In addition to amounts otherwise appropriated or made
available by this Act, $3,000,000 is appropriated to the Secretary of
the Air Force and shall be used by the Secretary to reestablish the
Tethered Aerostat Radar System at Morgan City, Louisiana, previously
used by the Air Force in maritime, air, and land counter-drug detection
and monitoring. Of the amounts appropriated or otherwise made available
for operation and maintenance for the Air Force, the Secretary shall use
$3,000,000 to operate such Tethered Aerostat Radar System upon its
reestablishment.
Sec. 8145. The $100,000 limitation established by section 8046 in
Public Law 106-79 and section 8043 of Public Law 106-259, shall not
apply to amounts appropriated in that Act under the heading ``Operation
and Maintenance, Defense-Wide'' for expenses related to certain
classified activities associated with foreign material.
Sec. 8146. The total amount appropriated in this Act for Operation
and Maintenance is hereby reduced by $100,000,000, to reflect savings
attributable to improved supervision in determining appropriate
purchases to be made using the Government purchase card, to be derived
as follows:
``Operation and Maintenance, Army'', $37,000,000;
``Operation and Maintenance, Navy'', $29,000,000;
``Operation and Maintenance, Marine Corps'', $3,000,000;
``Operation and Maintenance, Air Force'', $24,000,000; and
``Operation and Maintenance, Defense-Wide'', $7,000,000.
Sec. 8147. The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly conduct a comprehensive assessment that identifies
and evaluates changes to Department of Defense and Department of
Veterans Affairs health care delivery policies, methods, practices, and
procedures in order to provide improved health care services at reduced
costs to the taxpayer. This assessment shall include a detailed
independent review, based on a statement of work authored by the
Secretaries of both departments,
[[Page 115 STAT. 2281]]
of options to collocate or share facilities and care providers in areas
where duplication and excess capacity may exist, optimize economies of
scale through joint procurement of supplies and services, institute
cooperative service agreements, and partially or fully integrate DOD and
VA systems providing telehealth services, computerized patient records,
provider credentialing, surgical quality assessment, rehabilitation
services, administrative services, and centers of excellence for
specialized health care services. <<NOTE: Reports. Deadline.>> The
Secretaries shall jointly transmit a report to Congress by no later than
March 1, 2002, explaining the findings and conclusions of this
assessment, including detailed estimates of the costs, cost savings, and
service benefits of each recommendation, and making legislative and
administrative recommendations to implement the results of this effort:
Provided, That of the funds provided under the heading ``Defense Health
Program'' $2,500,000 shall be made available only for the purpose of
conducting the assessment described in this section.
Sec. 8148. (a) Notwithstanding any other provision of law, operation
and maintenance funds provided in this Act may be used for the purchase
of ultralightweight camouflage net systems as unit spares in order to
modernize the current inventory of camouflage screens to state-of-the-
art protection standards more quickly than would otherwise be the case.
(b) The authority provided by subsection (a) may not be used until
the Secretary of the Army submits to the congressional defense
committees a report certifying that, compared to the current system that
can be purchased with Army Operation and Maintenance funds, the
ultralightweight camouflage net system--
(1) is technically superior against multi-spectral threat
sensors;
(2) is less costly per unit; and
(3) provides improved overall force protection.
Sec. 8149. Army Acquisition Management. (a) Funding Reduction.--The
amount appropriated in this Act for ``Operation and Maintenance, Army''
is hereby reduced by $5,000,000 to reflect efficiencies in Army
acquisition management practices.
(b) <<NOTE: Deadline.>> Report to Congress on Army Reorganization.--
The Secretary of the Army shall submit a report to the congressional
defense committees no later than April 15, 2002 providing a detailed
explanation of the final plans for realigning Army requirements
generation, acquisition, resource management, and Departmental
headquarters functions and systems. Such report shall include an
independent assessment of the Army plan by the Center for Naval
Analyses. Such report shall also include an analysis of the annual
budget and personnel savings derived from this reorganization plan by
major function compared to the fiscal year 2001 baseline for fiscal
years 2002 through 2008.
Sec. 8150. (a) Non-Profit Army Venture Capital Corporation.--Of the
funds made available for ``Research, Development, Test and Evaluation,
Army'', $25,000,000 shall be available to the Secretary of the Army only
for the purpose of funding a venture capital investment corporation
established pursuant to section 2371 of title 10 United States Code, to
be derived as specified in subsection (b).
(b) Funding.--The amount specified in subsection (a) shall be
derived by reducing, on a pro rata basis, amounts made available to the
Army for basic research and applied research, except for
[[Page 115 STAT. 2282]]
amounts for research projects designated as congressional special
interest items and amounts available to the Army for research,
development, test, and evaluation relating to the Future Combat System.
Sec. 8151. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may exercise the provisions of 38 U.S.C.
7403(g) for occupations listed in 38 U.S.C. 7403(a)(2) as well as the
following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A)
shall apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall
not apply.
Sec. 8152. (a) The Secretary of Defense may waive any requirement
that the fiscal year 2001 Department of Defense financial statement
include the accounts and associated activities of the Department of the
Army and the Department of the Navy, to the extent that the Secretary
determines necessary due to the effects of the terrorist attack on the
Pentagon of September 11, 2001.
(b) If any accounts and associated activities of the Department of
the Army or the Department of the Navy are excluded from the fiscal year
2001 Department of Defense financial statement pursuant to subsection
(a), the Secretary of Defense shall, as soon as practicable after March
1, 2002, prepare and submit to the Director of the Office of Management
and Budget, a revised audited financial statement for fiscal year 2001
that includes all such accounts and activities.
(c) For purposes of this section, the term ``fiscal year 2001
Department of Defense financial statement'' means the audited financial
statement of the Department of Defense for fiscal year 2001 required by
section 3515 of title 31, United States Code, to be submitted to the
Director of the Office of Management and Budget not later than March 1,
2002.
Sec. 8153. Notwithstanding any other provision of this Act, the
Secretary of the Air Force may enter into a multiyear contract, or
extend an existing multiyear contract, for the C-17 aircraft: Provided,
That the authority to enter into such a contract (or contract extension)
may not be exercised until a period of not less than 30 days has elapsed
after the date of the submission of a report under paragraph (4) of
section 2306b(l) of title 10, United States Code: Provided further, That
the authorities provided in this section shall not be available until
the Secretary of Defense submits to the congressional defense committees
a certification that the applicable requirements under section 2306b of
title 10, United States Code, and section 8008 of this Act with respect
to such a contract (or contract extension) have been met.
Sec. 8154. Notwithstanding any other provision of law, of the funds
appropriated in this Act under the heading ``Operation and Maintenance,
Defense-Wide'', $1,450,000, to remain available until expended, is
provided only for payment of any expenses incurred after April 1, 2002
of the Commission on the Future of the United States Aerospace Industry
pursuant to section 1092(e)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-
398; 114 Stat. 165A-215).
[[Page 115 STAT. 2283]]
Sec. 8155. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $1,000,000, to remain
available until expended, shall be made available to the Secretary of
Defense, notwithstanding any other provision of law, only for a grant or
grants to the Somerset County Board of Commissioners (in the
Commonwealth of Pennsylvania), to design and construct a memorial
(including operating and maintenance expenses for appropriate security
measures to protect the site) at the airplane crash site in Somerset
County, Pennsylvania honoring the brave men, women, and children who
perished following a valiant struggle with terrorists aboard United
Airlines Flight 93 on September 11, 2001.
Sec. 8156. (a) Findings.--The Congress finds that--
(1) in times when our national security is threatened by
possible attacks from foreign and domestic enemies, it is
necessary that the United States have a sufficient supply of
certain products that are essential for defending this Nation;
and
(2) it has been the consistent intent of Congress that the
Department of Defense, when purchasing items to support the
Armed Forces, choose items that are wholly of domestic content
and manufacture, especially items identified as essential to our
national defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is vital that the United States maintain a domestic
manufacturing base for certain products necessary to national
security, so that our Nation does not become reliant on foreign
sources for such products and thereby vulnerable to disruptions
in international trade; and
(2) in cases where such domestic manufacturing base is
threatened, the United States should take action to preserve
such manufacturing base.
Sec. 8157. <<NOTE: Deadline. Reports.>> (a) Not later than February
1, 2002, the Secretary of Defense shall report to the congressional
defense committees on the status of the safety and security of munitions
shipments that use commercial trucking carriers within the United
States.
(b) Report Elements.--The report under subsection (a) shall include
the following:
(1) An assessment of the Department of Defense's policies
and practices for conducting background investigations of
current and prospective drivers of munitions shipments.
(2) A description of current requirements for periodic
safety and security reviews of commercial trucking carriers that
carry munitions.
(3) A review of the Department of Defense's efforts to
establish uniform safety and security standards for cargo
terminals not operated by the Department that store munitions
shipments.
(4) An assessment of current capabilities to provide for
escort security vehicles for shipments that contain dangerous
munitions or sensitive technology, or pass through high-risk
areas.
(5) A description of current requirements for depots and
other defense facilities to remain open outside normal operating
hours to receive munitions shipments.
(6) Legislative proposals, if any, to correct deficiencies
identified by the Department of Defense in the report under
subsection (a).
[[Page 115 STAT. 2284]]
(c) <<NOTE: Deadline. Reports.>> Not later than 6 months after
enactment of this Act, the Secretary shall report to Congress on safety
and security procedures used for U.S. munitions shipments in European
NATO countries, and provide recommendations on what procedures or
technologies used in those countries should be adopted for shipments in
the United States.
Sec. 8158. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act for the Department of Defense,
$15,000,000, to remain available until September 30, 2002 is hereby
appropriated to the Department of Defense: Provided, That the Secretary
of Defense shall make a grant in the amount of $15,000,000 to the
Citadel for the Padgett Thomas Barracks in Charleston, South Carolina.
Sec. 8159. <<NOTE: 10 USC 2401a note.>> Multi-Year Aircraft Lease
Pilot Program. (a) The Secretary of the Air Force may, from funds
provided in this Act or any future appropriations Act, establish and
make payments on a multi-year pilot program for leasing general purpose
Boeing 767 aircraft and Boeing 737 aircraft in commercial configuration.
(b) Sections 2401 and 2401a of title 10, United States Code, shall
not apply to any aircraft lease authorized by this section.
(c) Under the aircraft lease Pilot Program authorized by this
section:
(1) The Secretary may include terms and conditions in lease
agreements that are customary in aircraft leases by a non-
Government lessor to a non-Government lessee, but only those
that are not inconsistent with any of the terms and conditions
mandated herein.
(2) The term of any individual lease agreement into which
the Secretary enters under this section shall not exceed 10
years, inclusive of any options to renew or extend the initial
lease term.
(3) The Secretary may provide for special payments in a
lessor if the Secretary terminates or cancels the lease prior to
the expiration of its term. Such special payments shall not
exceed an amount equal to the value of 1 year's lease payment
under the lease.
(4) Subchapter IV of chapter 15 of title 31, United States
Code shall apply to the lease transactions under this section,
except that the limitation in section 1553(b)(2) shall not
apply.
(5) The Secretary shall lease aircraft under terms and
conditions consistent with this section and consistent with the
criteria for an operating lease as defined in OMB Circular A-11,
as in effect at the time of the lease.
(6) Lease arrangements authorized by this section may not
commence until:
(A) The Secretary submits a report to the
congressional defense committees outlining the plans for
implementing the Pilot Program. The report shall
describe the terms and conditions of proposed contracts
and describe the expected savings, if any, comparing
total costs, including operation, support, acquisition,
and financing, of the lease, including modification,
with the outright purchase of the aircraft as modified.
(B) <<NOTE: Deadline.>> A period of not less than 30
calendar days has elapsed after submitting the report.
(7) <<NOTE: Deadline. Reports.>> Not later than 1 year after
the date on which the first aircraft is delivered under this
Pilot Program, and yearly
[[Page 115 STAT. 2285]]
thereafter on the anniversary of the first delivery, the
Secretary shall submit a report to the congressional defense
committees describing the status of the Pilot Program. The
Report will be based on at least 6 months of experience in
operating the Pilot Program.
(8) The Air Force shall accept delivery of the aircraft in a
general purpose configuration.
(9) At the conclusion of the lease term, each aircraft
obtained under that lease may be returned to the contractor in
the same configuration in which the aircraft was delivered.
(10) The present value of the total payments over the
duration of each lease entered into under this authority shall
not exceed 90 percent of the fair market value of the aircraft
obtained under that lease.
(d) No lease entered into under this authority shall provide for--
(1) the modification of the general purpose aircraft from
the commercial configuration, unless and until separate
authority for such conversion is enacted and only to the extent
budget authority is provided in advance in appropriations Acts
for that purpose; or
(2) the purchase of the aircraft by, or the transfer of
ownership to, the Air Force.
(e) The authority granted to the Secretary of the Air Force by this
section is separate from and in addition to, and shall not be construed
to impair or otherwise affect, the authority of the Secretary to procure
transportation or enter into leases under a provision of law other than
this section.
(f) The authority provided under this section may be used to lease
not more than a total of 100 Boeing 767 aircraft and 4 Boeing 737
aircraft for the purposes specified herein.
Sec. 8160. From within amounts made available in the title II of
this Act, under the heading ``Operation and Maintenance, Army National
Guard'', and notwithstanding any other provision of law, $2,200,000
shall be available only for repairs and safety improvements to the
segment of Camp McCain Road which extends from Highway 8 south toward
the boundary of Camp McCain, Mississippi and originating intersection of
Camp McCain Road; and for repairs and safety improvements to the segment
of Greensboro Road which connects the Administration Offices of Camp
McCain to the Troutt Rifle Range: Provided, That these funds shall
remain available until expended: Provided further, That the authorized
scope of work includes, but is not limited to, environmental
documentation and mitigation, engineering and design, improving safety,
resurfacing, widening lanes, enhancing shoulders, and replacing signs
and pavement markings.
Sec. 8161. From funds made available under title II of this Act, the
Secretary of the Army may make available a grant of $2,100,000 to the
Chicago Park District for renovation of the Broadway Armory, a former
National Guard facility in the Edgewater community in Chicago.
Sec. 8162. Sense of Congress Concerning the Military Industrial
Base. (a) In General.--It is the sense of the Congress that the military
aircraft industrial base of the United States be preserved. In order to
ensure this we must retain--
(1) adequate competition in the design, engineering,
production, sale and support of military aircraft;
[[Page 115 STAT. 2286]]
(2) continued innovation in the development and manufacture
of military aircraft;
(3) actual and future capability of more than one aircraft
company to design, engineer, produce and support military
aircraft.
(b) Study of Impact on the Industrial Base.--In order to determine
the current and future adequacy of the military aircraft industrial base
a study shall be conducted. Of the funds made available under the
heading ``Procurement, Defense-Wide'' in this Act, up to $1,500,000 may
be made available for a comprehensive analysis of and report on the
risks to innovation and cost of limited or no competition in contracting
for military aircraft and related weapon systems for the Department of
Defense, including the cost of contracting where there is no more than
one primary manufacturer with the capacity to bid for and build military
aircraft and related weapon systems, the impact of any limited
competition in primary contracting on innovation in the design,
development, and construction of military aircraft and related weapon
systems, the impact of limited competition in primary contracting on the
current and future capacity of manufacturers to design, engineer and
build military aircraft and weapon
systems. <<NOTE: Reports. Deadline.>> The Secretary of Defense shall
report to the House and Senate Committees on Appropriations on the
design of this analysis, and shall submit a report to these committees
no later than 6 months from the date of enactment of this Act.
Sec. 8163. In addition to the amounts appropriated or otherwise made
available in this Act, $5,200,000, to remain available until September
30, 2002, is hereby appropriated to the Department of Defense: Provided,
That the Secretary of Defense shall make a grant in the amount of
$5,200,000 to the Armed Forces Retirement Homes.
Sec. 8164. <<NOTE: Deadline. Reports.>> (a) Assessment Required.--
Not later than March 15, 2002, the Secretary of the Army shall submit to
the Committees on Appropriations of the Senate and House of
Representatives a report containing an assessment of current risks
under, and various alternatives to, the current Army plan for the
destruction of chemical weapons.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description and assessment of the current risks in the
storage of chemical weapons arising from potential terrorist
attacks.
(2) A description and assessment of the current risks in the
storage of chemical weapons arising from storage of such weapons
after April 2007, the required date for disposal of such weapons
as stated in the Chemical Weapons Convention.
(3) A description and assessment of various options for
eliminating or reducing the risks described in paragraphs (1)
and (2).
(c) Considerations.--In preparing the report, the Secretary shall
take into account the plan for the disassembly and neutralization of the
agents in chemical weapons as described in Army engineering studies in
1985 and 1996, the 1991 Department of Defense Safety Contingency Plan,
and the 1993 findings of the National Academy of Sciences on disassembly
and neutralization of chemical weapons.
[[Page 115 STAT. 2287]]
Sec. 8165. Of the amount appropriated by title II for operation and
maintenance, Defense-wide, $47,261,000 may be available for the Defense
Leadership and Management Program.
Sec. 8166. Sense of the Congress Regarding Environmental
Contamination in the Philippines. It is the sense of the Congress that--
(1) the Secretary of State, in cooperation with the
Secretary of Defense, should continue to work with the
Government of the Philippines and with appropriate non-
governmental organizations in the United States and the
Philippines to fully identify and share all relevant information
concerning environmental contamination and health effects
emanating from former United States military facilities in the
Philippines following the departure of the United States
military forces from the Philippines in 1992;
(2) the United States and the Government of the Philippines
should continue to build upon the agreements outlined in the
Joint Statement by the United States and the Republic of the
Philippines on a Framework for Bilateral Cooperation in the
Environment and Public Health, signed on July 27, 2000; and
(3) Congress should encourage an objective non-governmental
study, which would examine environmental contamination and
health effects emanating from former United States military
facilities in the Philippines, following the departure of United
States military forces from the Philippines in 1992.
Sec. 8167. (a) Authority for Burial of Certain Individuals at
Arlington National Cemetery.--The Secretary of the Army shall authorize
the burial in a separate gravesite at Arlington National Cemetery,
Virginia, of any individual who--
(1) died as a direct result of the terrorist attacks on the
United States on September 11, 2001; and
(2) would have been eligible for burial in Arlington
National Cemetery by reason of service in a reserve component of
the Armed Forces but for the fact that such individual was less
than 60 years of age at the time of death.
(b) Eligibility of Surviving Spouse.--The surviving spouse of an
individual buried in a gravesite in Arlington National Cemetery under
the authority provided under subsection (a) shall be eligible for burial
in the gravesite of the individual to the same extent as the surviving
spouse of any other individual buried in Arlington National Cemetery is
eligible for burial in the gravesite of such other individual.
Sec. 8168. In fiscal year 2002, the Department of the Interior
National Business Center may continue to enter into grants, cooperative
agreements, and other transactions, under the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992, and other related
legislation.
Sec. 8169. Of the total amount appropriated by this division for
``Operation and Maintenance, Defense-Wide'', $3,500,000 may be available
for payments under section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public
Law 106-398; 114 Stat. 1654A-77).
Sec. 8170. Of the total amount appropriated by this division for
``Operation and Maintenance, Air National Guard'', $435,000 may be
available (subject to section 2805(c) of title 10, United States Code)
for the replacement of deteriorating gas lines, mains,
[[Page 115 STAT. 2288]]
valves, and fittings at the Air National Guard facility at Rosecrans
Memorial Airport, St. Joseph, Missouri, and (subject to section 2811 of
title 10, United States Code) for the repair of the roof of the Aerial
Port Facility at that airport.
Sec. 8171. <<NOTE: Deadline. Reports.>> Not later than 180 days
after the date of enactment of this Act, the Secretary of Defense, in
cooperation with the Secretaries of State and Energy, shall submit a
report to Congress describing the steps that have been taken to develop
cooperative threat reduction programs with India and Pakistan. Such
report shall include recommendations for changes in any provision of
existing law that is currently an impediment to the full establishment
of such programs, a timetable for implementation of such programs, and
an estimated 5-year budget that will be required to fully fund such
programs.
Sec. 8172. (a) Modification of General Requirements.--Section
1078(b) of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted by Public Law 106-398; 114 Stat. 1654A-283)
is amended--
(1) in paragraph (1), by inserting ``, or its contractors or
subcontractors,'' after ``Department of Defense''; and
(2) in paragraph (3), by striking ``stored, assembled,
disassembled, or maintained'' and inserting ``manufactured,
assembled, or disassembled''.
(b) Determination of Exposures at IAAP.--The Secretary of Defense
shall take appropriate actions to determine the nature and extent of the
exposure of current and former employees at the Army facility at the
Iowa Army Ammunition Plant, including contractor and subcontractor
employees at the facility, to radioactive or other hazardous substances
at the facility, including possible pathways for the exposure of such
employees to such substances.
(c) Notification of Employees Regarding Exposure.--(1) The Secretary
shall take appropriate actions to--
(A) identify current and former employees at the facility
referred to in subsection (b), including contractor and
subcontractor employees at the facility; and
(B) notify such employees of known or possible exposures to
radioactive or other hazardous substances at the facility.
(2) Notice under paragraph (1)(B) shall include--
(A) information on the discussion of exposures covered by
such notice with health care providers and other appropriate
persons who do not hold a security clearance; and
(B) if necessary, appropriate guidance on contacting health
care providers and officials involved with cleanup of the
facility who hold an appropriate security clearance.
(3) Notice under paragraph (1)(B) shall be by mail or other
appropriate means, as determined by the Secretary.
(d) Deadline for Actions.--The Secretary shall complete the actions
required by subsections (b) and (c) not later than 90 days after the
date of the enactment of this Act.
(e) <<NOTE: Deadline.>> Report.--Not later than 90 days after the
date of the enactment of this Act, the Secretary shall submit to the
congressional defense committees a report setting forth the results of
the actions undertaken by the Secretary under this section, including
any determinations under subsection (b), the number of workers
identified under subsection (c)(1)(A), the content of the notice to such
workers under subsection (c)(1)(B), and the status
[[Page 115 STAT. 2289]]
of progress on the provision of the notice to such workers under
subsection (c)(1)(B).
Sec. 8173. None of the funds made available in division A of this
Act may be used to provide support or other assistance to the
International Criminal Court or to any criminal investigation or other
prosecutorial activity of the International Criminal Court.
TITLE IX
COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Counter-Terrorism and Operational Response Transfer Fund
(including transfer of funds)
For protection against terrorist attacks that might employ either
conventional means or weapons of mass destruction, and to prepare
against the consequences of such attacks; to deny unauthorized users the
opportunity to modify, steal, inappropriately disclose, or destroy
sensitive military data or networks; and to accelerate improvements in
information networks and operations, $478,000,000: Provided, That of the
amounts made available under this heading, $333,000,000 is available
only for improving force protection and chemical and biological defense
capabilities of the Department of Defense, and improving capabilities to
respond to attacks using weapons of mass destruction: Provided further,
That $70,000,000 is available only for improving the effectiveness of
Department of Defense capabilities in the areas of information assurance
and critical infrastructure protection, and information operations; and
$75,000,000 is available only to develop and demonstrate systems to
protect against unconventional nuclear threats: Provided further, That
in order to carry out the specified purposes under this heading, funds
made available under this heading may be transferred to any
appropriation account otherwise enacted by this Act: Provided further,
That the funds transferred shall be merged with and shall be available
for the same purposes and for the same time period as the appropriation
to which transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided
further, <<NOTE: Deadline. Reports.>> That within 90 days of enactment
of this Act, the Secretary of Defense shall provide to the Congress a
report specifying the projects and accounts to which funds provided
under this heading are to be transferred.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facilitating
the elimination and the safe and secure transportation and storage of
nuclear, chemical and other weapons; for establishing programs to
prevent the proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to the training
and support of defense and military personnel for demilitarization and
protection of weapons, weapons components and weapons technology and
expertise, and for defense and military contacts, $403,000,000, to
remain available until September 30, 2004: Provided, That of the amounts
provided under
[[Page 115 STAT. 2290]]
this heading, $12,750,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine reactor
components in the Russian Far East.
This division may be cited as the ``Department of Defense
Appropriations Act, 2002''.
DIVISION <<NOTE: Emergency Supplemental Act, 2002.>> B--TRANSFERS FROM
THE EMERGENCY RESPONSE FUND PURSUANT TO PUBLIC LAW 107-38
The funds appropriated in Public Law 107-38 subject to subsequent
enactment and previously designated as an emergency by the President and
Congress under the Balanced Budget and Emergency Deficit Control Act of
1985, are transferred to the following chapters and accounts as follows:
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Office of the Secretary'',
$80,919,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Agricultural Research Service
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$40,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
buildings and facilities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Buildings and
Facilities'', $73,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfer of funds)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$105,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38, of which $50,000,000 may be
transferred to and merged with the Agricultural Quarantine Inspection
User Fee Account.
buildings and facilities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Buildings and
Facilities'',
[[Page 115 STAT. 2291]]
$14,081,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Food Safety and Inspection Service
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Food Safety and Inspection
Service'', $15,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Food and Nutrition Service
special supplemental nutrition program for women, infants, and children
(wic)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)'', $39,000,000,
to remain available until September 30, 2003, to be obligated from
amounts made available in Public Law 107-38:
Provided, <<NOTE: Deadline.>> That of the amounts provided in this Act
and any amounts available for reallocation in fiscal year 2002, the
Secretary shall reallocate funds under section 17(g)(2) of the Child
Nutrition Act of 1966 in the manner and under the formula the Secretary
deems necessary to respond to the effects of unemployment and other
conditions, and starting no later than March 1, 2002, such reallocation
shall occur no less frequently than every other month throughout the
fiscal year.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$151,100,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
INDEPENDENT AGENCY
Commodity Futures Trading Commission
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Commodity Futures Trading
Commission'', $16,900,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 101. Title VI of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2002
(Public Law 107-76) <<NOTE: Ante, p. 730.>> is amended under the
heading ``Food and Drug Administration, Salaries and Expenses'' by
striking ``$13,207,000'' and inserting ``$13,357,000''.
[[Page 115 STAT. 2292]]
Sec. 102. Section 741(b) of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2002
(Public Law 107-76), <<NOTE: Ante, p. 737.>> is amended by striking
``20,000,000 pounds'' and inserting ``5,000,000 pounds''.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
usa patriot act activities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Patriot Act Activities'',
$5,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38, of which up to $2,000,000
may be available for a feasibility report, as authorized by section 405
of Public Law 107-56: Provided, That funding for the implementation of
such enhancements shall be treated as a reprogramming under section 605
of Public Law 107-77 and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section.
administrative review and appeals
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Administrative Review and
Appeals'', $3,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Legal Activities
salaries and expenses, general legal activities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,
General Legal Activities'', $12,500,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
salaries and expenses, united states attorneys
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,
United States Attorneys'', $56,370,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
salaries and expenses, united states marshals service
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,
United States Marshals Service'', $10,200,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38, of which $5,000,000 shall be for courthouse security equipment.
[[Page 115 STAT. 2293]]
construction
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Construction'',
$9,125,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Federal Bureau of Investigation
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$745,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Immigration and Naturalization Service
salaries and expenses
enforcement and border affairs
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$449,800,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
construction
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Construction'',
$99,600,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Office of Justice Programs
justice assistance
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Justice Assistance'',
$400,000,000, to remain available until expended, for grants,
cooperative agreements, and other assistance authorized by sections 819
and 821 of the Antiterrorism and Effective Death Penalty Act of 1996 and
section 1014 of the USA PATRIOT ACT (Public Law 107-56) and for other
counter terrorism programs, to be obligated from amounts made available
in Public Law 107-38, of which $9,800,000 is for an aircraft for
counterterrorism and other required activities for the City of New York.
state and local law enforcement assistance
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, $251,100,000 shall be for
discretionary grants, including equipment, under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
[[Page 115 STAT. 2294]]
crime victims fund
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Crime Victims Fund'',
$68,100,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operations and
Administration'', $1,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Export Administration
operations and administration
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operations and
Administration'', $1,756,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
National Telecommunications and Information Administration
public telecommunications facilities, planning and construction
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Public Telecommunications
Facilities, Planning and Construction'', $8,250,000, to remain available
until expended, to be obligated from amounts made available in Public
Law 107-38: Provided, That matching requirements set forth in section
392(b) of the Communications Act of 1934, as amended, shall not apply to
funds provided in this Act.
United States Patent and Trademark Office
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$1,500,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
National Institute of Standards and Technology
scientific and technical research and services
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Scientific and Technical
Research and Services'', $5,000,000 for a cyber security initiative, to
remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
[[Page 115 STAT. 2295]]
construction of research facilities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Construction of Research
Facilities'', $1,225,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operations, Research, and
Facilities'', $2,750,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Departmental Management
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$4,776,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
THE JUDICIARY
Supreme Court of the United States
care of the building and grounds
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Care of the Building and
Grounds'', $30,000,000, to remain available until expended for security
enhancements, to be obligated from amounts made available in Public Law
107-38.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$5,000,000, is for Emergency Communications Equipment, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
court security
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Court Security'',
$57,521,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38, for security of the Federal
judiciary, of which not less than $4,000,000 shall be available to
reimburse the United States Marshals Service for a Supervisory Deputy
Marshal responsible for coordinating security in each judicial district
and circuit: Provided, That the funds may
[[Page 115 STAT. 2296]]
be expended directly or transferred to the United States Marshals
Service.
Administrative Office of the United States Courts
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$2,879,000, to remain available until expended, to enhance security at
the Thurgood Marshall Federal Judiciary Building, to be obligated from
amounts made available in Public Law 107-38.
DEPARTMENT OF STATE AND RELATED AGENCY
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``International Broadcasting
Operations'', $9,200,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
broadcasting capital improvements
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Broadcasting Capital
Improvements'', $10,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
RELATED AGENCIES
Equal Employment Opportunity Commission
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,''
$1,301,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Securities and Exchange Commission
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$20,705,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
[[Page 115 STAT. 2297]]
Small Business Administration
business loans program account
For emergency expenses for the cost of loan subsidies and for loan
modifications as authorized by section 203 of this Act, for disaster
recovery activities and assistance related to the terrorist acts in New
York, Virginia, and Pennsylvania on September 11, 2001, for ``Business
Loans Program Account'', $75,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
disaster loans program account
For emergency expenses for the cost of loan subsidies and for loan
modifications as authorized by section 202 of this Act, for disaster
recovery activities and assistance related to the terrorist acts in New
York, Virginia, and Pennsylvania on September 11, 2001, for ``Disaster
Loans Program Account'', $75,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 201. Funds appropriated by this Act for the Broadcasting Board
of Governors and the Department of State may be obligated and expended
notwithstanding section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, and section 15 of the State Department Basic
Authorities Act of 1956, as amended.
Sec. 202. For purposes of assistance available under section 7(b)(2)
and (4) of the Small Business Act (15 U.S.C. 636(b)(2) and (4)) to small
business concerns located in disaster areas declared as a result of the
September 11, 2001, terrorist attacks--
(i) the term ``small business concern'' shall include not-
for-profit institutions and small business concerns described in
United States Industry Codes 522320, 522390, 523210, 523920,
523991, 524113, 524114, 524126, 524128, 524210, 524291, 524292,
and 524298 of the North American Industry Classification System
(as described in 13 C.F.R. 121.201, as in effect on January 2,
2001);
(ii) the Administrator may apply such size standards as may
be promulgated under such section 121.201 after the date of
enactment of this provision, but no later than 1 year following
the date of enactment of this Act; and
(iii) payments of interest and principal shall be deferred,
and no interest shall accrue during the 2-year period following
the issuance of such disaster loan.
Sec. 203. Notwithstanding any other provision of law, the limitation
on the total amount of loans under section 7(b) of the Small Business
Act (15 U.S.C. 636(b)) outstanding and committed to a borrower in the
disaster areas declared in response to the September 11, 2001, terrorist
attacks shall be increased to $10,000,000 and the Administrator shall,
in lieu of the fee collected under section 7(a)(23)(A) of the Small
Business Act (15 U.S.C. 636(a)(23)(A)), collect an annual fee of 0.25
percent of the outstanding balance of deferred participation loans made
under section 7(a) to small businesses adversely affected by the
September 11, 2001, terrorist attacks and their aftermath, for a period
of 1 year
[[Page 115 STAT. 2298]]
following the date of enactment and to the extent the costs of such
reduced fees are offset by appropriations provided by this Act.
Sec. 204. <<NOTE: Deadline. Reports.>> Not later than April 1, 2002,
the Secretary of State shall submit to the Committees on Appropriations,
in both classified and unclassified form, a report on the United States-
People's Republic of China Science and Technology Agreement of 1979,
including all protocols. The report is intended to provide a
comprehensive evaluation of the benefits of the agreement to the Chinese
economy, military, and defense industrial base. The report shall include
the following elements:
(1) an accounting of all activities conducted under the
Agreement for the past 5 years, and a projection of activities
to be undertaken through 2010;
(2) an estimate of the annual cost to the United States to
administer the Agreement;
(3) an assessment of how the Agreement has influenced the
policies of the People's Republic of China toward scientific and
technological cooperation with the United States;
(4) an analysis of the involvement of Chinese nuclear
weapons and military missile specialists in the activities of
the Joint Commission;
(5) a determination of the extent to which the activities
conducted under the Agreement have enhanced the military and
industrial base of the People's Republic of China, and an
assessment of the impact of projected activities through 2010,
including transfers of technology, on China's economic and
military capabilities; and
(6) recommendations on improving the monitoring of the
activities of the Commission by the Secretaries of Defense and
State.
The report shall be developed in consultation with the Secretaries of
Commerce, Defense, and Energy, the Directors of the National Science
Foundation and the Federal Bureau of Investigation, and the intelligence
community.
Sec. 205. From within funds available to the State of Alaska or the
Alaska Region of the National Marine Fisheries Service, an additional
$500,000 may be made available for the cost of guaranteeing the
reduction loan authorized under section 144(d)(4)(A) of title I,
division B of Public Law 106-554 (114 Stat. 2763A-242) and that
subparagraph is amended to read as follows: ``(4)(A) The fishing
capacity reduction program required under this subsection is authorized
to be financed through a reduction loan of $100,000,000 under sections
1111 and 1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1279f and 1279g).''.
Sec. 206. Title IV of the Departments of Commerce, Justice, and
State, the Judiciary and Related Agencies Appropriations Act, 2002
(Public Law 107-77) <<NOTE: Ante, p. 784.>> is amended in the third
proviso of the first undesignated paragraph under the heading
``Diplomatic and Consular Programs'' by striking ``this heading'' and
inserting ``the appropriations accounts within the Administration of
Foreign Affairs''.
Sec. 207. Title V of the Departments of Commerce, Justice, and
State, the Judiciary and Related Agencies Appropriations Act, 2002
(Public Law 107-77) <<NOTE: 33 USC 857-19 note.>> is amended in the
proviso under the heading ``Commission on Ocean Policy'' by striking
``appointment'' and inserting ``the first meeting of the Commission''.
[[Page 115 STAT. 2299]]
Sec. 208. Section 626(c) of the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations Act, 2002
(Public Law 107-77) <<NOTE: 28 USC 1605.>> is amended by striking
``1:00CV03110(ESG)'' and inserting ``1:00CV03110(EGS)''.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Defense Emergency Response Fund
(including transfer of funds)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Defense Emergency Response
Fund'', $3,395,600,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38, as follows:
(1) For increased situational awareness, $850,000,000;
(2) For increased worldwide posture, $1,495,000,000;
(3) For offensive counterterrorism, $372,000,000;
(4) For initial crisis response, $39,100,000;
(5) For the Pentagon Reservation Maintenance Revolving Fund,
$475,000,000;
(6) For relocation costs and other purposes, $164,500,000:
Provided, That $500,000 shall be made available only for the
White House Commission on the National Moment of Remembrance:
Provided further, That from unobligated balances under the heading
``Former Soviet Union Threat Reduction'', $30,000,000 shall be
transferred to ``Department of State, Nonproliferation, Anti-terrorism,
Demining, and Related Programs'' only for the purpose of supporting
expansion of the Biological Weapons Redirect and International Science
and Technology Centers programs, to prevent former Soviet biological
weapons experts from emigrating to proliferant states and to reconfigure
former Soviet biological weapons production facilities for peaceful
uses.
GENERAL PROVISIONS--THIS CHAPTER
(including transfer of funds)
Sec. 301. Amounts available in the ``Defense Emergency Response
Fund'' (the ``Fund'') shall be available for the purposes set forth in
the 2001 Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law 107-38):
Provided, That the Fund may be used to reimburse other appropriations or
funds of the Department of Defense, including activities of the National
Foreign Intelligence Program funded in defense appropriations acts, only
for costs incurred for such purposes on or after September 11, 2001:
Provided further, That the Fund may be used to liquidate obligations
incurred by the Department of Defense under the authorities in section
3732 of the Revised Statutes (41 U.S.C. 11; popularly known as the
``Food and Forage Act'') for any costs incurred for such purposes
between September 11 and September 30, 2001: Provided further,
[[Page 115 STAT. 2300]]
That the Secretary of Defense may transfer to the Fund amounts from any
current appropriation made available in defense appropriations acts,
only for the purpose of adjusting and liquidating obligations properly
chargeable to the Fund: Provided further, That the authority granted in
the preceding proviso shall only be exercised after the Secretary of
Defense makes a determination that amounts in the Fund are insufficient
to liquidate obligations made using appropriations in the Fund, and not
prior to 30 days after notifying the congressional defense committees in
writing regarding each proposed transfer of funds: Provided further,
That in order to carry out the specified purposes under this heading,
the Secretary of Defense may transfer funds from the Fund to any defense
appropriation account enacted in appropriations acts, including
``Support for International Sporting Competitions, Defense'': Provided
further, That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense: Provided
further, <<NOTE: Deadlines. Reports.>> That within 30 days of enactment
of this Act, and quarterly thereafter, the Secretary of Defense and the
Director of Central Intelligence shall each provide to the Congress a
report (in unclassified and classified form, as needed) specifying the
projects and accounts to which funds provided in this chapter are to be
transferred.
Sec. 302. Amounts in the appropriation account ``Support for
International Sporting Competitions, Defense'', may be used to support
essential security and safety for the 2002 Winter Olympic Games in Salt
Lake City, Utah, without the certification required under subsection 10
U.S.C. 2564(a): Provided, That the term ``active duty'', in section 5802
of Public Law 104-208 shall include State active duty and full-time
National Guard duty performed by members of the Army National Guard and
Air National Guard in connection with providing essential security and
safety support to the 2002 Winter Olympic Games and logistical and
security support to the 2002 Paralympic Games.
Sec. 303. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 304. Notwithstanding any other provision of law, of the amounts
appropriated in Public Law 107-38 which remained available in the
Defense Emergency Response Fund on December 18, 2001, not to exceed
$100,000,000 may be available for payments to Pakistan and Jordan for
logistical and military support provided, or to be provided, to United
States military operations in connection with Operation Enduring
Freedom: Provided, That such payments may be made in amounts as the
Secretary may determine in his discretion, and such determination is
final and conclusive upon the accounting officers of the United States.
(including transfer of funds)
Sec. 305. (a) During the current fiscal year, $475,000,000 of
appropriations provided in this Act shall be transferred to the Pentagon
Reservation Maintenance Revolving Fund only to
[[Page 115 STAT. 2301]]
reconstruct the Pentagon Reservation and for related activities as a
result of the events of September 11, 2001.
(b) In addition to the amounts provided in subsection (a) or
otherwise appropriated in this Act, out of funds appropriated by Public
Law 107-38 but not subject to subsequent enactment, not subject to the
restrictions of the fifth proviso of that Act, and not transferred
before December 18, 2001, the amount of $300,000,000 is transferred to
the Pentagon Reservation Maintenance Revolving Fund only to finance
accelerated building renovation activities for military command centers
and related activities at the Pentagon Reservation in order to
accelerate completion of the currently planned Pentagon renovation
project by up to 4 years: Provided, That notwithstanding any other
provision of law, funds allocated and transferred under this section
shall be made available until expended: Provided further, That the cost
to accelerate renovation activities for military command centers and
related activities at the Pentagon Reservation shall not be included in
any cost cap applicable to the Pentagon renovation: Provided further,
That the transfer authority provided under this section is in addition
to any other transfer authority available to the Department of Defense.
(transfer of funds)
Sec. 306. Notwithstanding any other provision of law or this Act, of
the funds unobligated in all fiscal year 2002 appropriations accounts in
titles III and IV of division A of this Act, up to 1\1/2\ percent of
these funds shall be available for transfer to the Operation and
Maintenance accounts of the Department of Defense for such costs
incurred in support of Operations Enduring Freedom and Noble Anvil:
Provided, <<NOTE: Notification. Deadline.>> That the Secretary of
Defense shall notify the Committees on Appropriations of the House and
Senate of transfers made pursuant to this section not later than 15 days
after any such transfer is made: Provided further, That the transfer
authority provided under this section is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That the transfer authority available under this section may be
utilized only after all other funds made available to the Department of
Defense pursuant to Public Law 107-38 have been obligated: Provided
further, That no congressional interest item may be reduced for the
purposes of this section: Provided further, That <<NOTE: Expiration
date.>> such authority to transfer shall expire on April 30, 2002.
Sec. 307. <<NOTE: 42 USC 2472 note.>> During fiscal year 2002 the
President, acting by and with the consent of the Senate, is authorized
to appoint a commissioned officer of the Armed Forces, in active status,
to the Office of Deputy Administrator of the National Aeronautics and
Space Administration notwithstanding section 202(b) of the National
Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)). If so appointed,
the provisions of section 403(c)(3), (4), and (5) of title 50, United
States Code, shall be applicable while the commissioned officer serves
as Deputy Administrator in the same manner and extent as if the officer
was serving in a position specified in section 403(c) of title 50,
United States Code, except that the officer's military pay and
allowances shall be reimbursed from funds available to the National
Aeronautics and Space Administration.
[[Page 115 STAT. 2302]]
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
Federal Payment to the District of Columbia for Protective Clothing and
Breathing Apparatus
For a Federal payment to the District of Columbia for protective
clothing and breathing apparatus, to be obligated from amounts made
available in Public Law 107-38 and to remain available until September
30, 2003, $7,144,000, of which $922,000 is for the Fire and Emergency
Medical Services Department, $4,269,000 is for the Metropolitan Police
Department, $1,500,000 is for the Department of Health, and $453,000 is
for the Department of Public Works.
Federal Payment to the District of Columbia for Specialized Hazardous
Materials Equipment
For a Federal payment to the District of Columbia for specialized
hazardous materials equipment, to be obligated from amounts made
available in Public Law 107-38 and to remain available until September
30, 2003, $1,032,000, for the Fire and Emergency Medical Services
Department.
Federal Payment to the District of Columbia for Chemical and Biological
Weapons Preparedness
For a Federal payment to the District of Columbia for chemical and
biological weapons preparedness, to be obligated from amounts made
available in Public Law 107-38 and to remain available until September
30, 2003, $10,355,000, of which $205,000 is for the Fire and Emergency
Medical Services Department, $258,000 is for the Metropolitan Police
Department, and $9,892,000 is for the Department of Health.
Federal Payment to the District of Columbia for Pharmaceuticals for
Responders
For a Federal payment to the District of Columbia for
pharmaceuticals for responders, to be obligated from amounts made
available in Public Law 107-38 and to remain available until September
30, 2003, $2,100,000, for the Department of Health.
Federal Payment to the District of Columbia for Response and
Communications Capability
For a Federal payment to the District of Columbia for response and
communications capability, to be obligated from amounts made available
in Public Law 107-38 and to remain available until September 30, 2003,
$14,960,000, of which $7,755,000 is for the Fire and Emergency Medical
Services Department, $5,855,000 is for the Metropolitan Police
Department, $113,000 is for the Department of Public Works Division of
Transportation, $58,000 is for the Office of Property Management,
$60,000 is for the Department of Public Works, $750,000 is for the
Department of Health, $309,000 is
[[Page 115 STAT. 2303]]
for the Department of Human Services, and $60,000 is for the Department
of Parks and Recreation.
Federal Payment to the District of Columbia for Search, Rescue and Other
Emergency Equipment and Support
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available
until September 30, 2003, for search, rescue and other emergency
equipment and support, $8,850,000, of which $5,442,000 is for the
Metropolitan Police Department, $208,000 is for the Fire and Emergency
Medical Services Department, $398,500 is for the Department of Consumer
and Regulatory Affairs, $1,178,500 is for the Department of Public
Works, $542,000 is for the Department of Human Services, and $1,081,000
is for the Department of Mental Health.
Federal Payment to the District of Columbia for Equipment, Supplies and
Vehicles for the Office of the Chief Medical Examiner
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available
until September 30, 2003, for equipment, supplies and vehicles for the
Office of the Chief Medical Examiner, $1,780,000.
Federal Payment to the District of Columbia for Hospital Containment
Facilities for the Department of Health
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available
until September 30, 2003, for hospital containment facilities for the
Department of Health, $8,000,000.
Federal Payment to the District of Columbia for the Office of the Chief
Technology Officer
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available
until September 30, 2003, for the Office of the Chief Technology
Officer, $45,494,000, for a first response land-line and wireless
interoperability project, of which $1,000,000 shall be used to initiate
a comprehensive review, by a non-vendor contractor, of the District's
current technology-based systems and to develop a plan for integrating
the communications systems of the District of Columbia Metropolitan
Police and Fire and Emergency Medical Services Departments with the
systems of local, regional and Federal law enforcement agencies,
including but not limited to the United States Capitol Police, United
States Park Police, United States Secret Service, Federal Bureau of
Investigation, Federal Protective Service, and the Washington
Metropolitan Area Transit Authority Police:
Provided, <<NOTE: Deadline.>> That such plan shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives no later than June 15, 2002.
[[Page 115 STAT. 2304]]
Federal Payment to the District of Columbia for Emergency Traffic
Management
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available
until September 30, 2003, for emergency traffic management, $20,700,000,
for the Department of Public Works Division of Transportation, of which
$14,000,000 is to upgrade traffic light controllers, $4,700,000 is to
establish a video traffic monitoring system, and $2,000,000 is to
disseminate traffic information.
Federal Payment to the District of Columbia for Training and Planning
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available
until September 30, 2003, for training and planning, $9,949,000, of
which $4,400,000 is for the Fire and Emergency Medical Services
Department, $990,000 is for the Metropolitan Police Department,
$1,200,000 is for the Department of Health, $200,000 is for the Office
of the Chief Medical Examiner, $500,000 is for the Office of Property
Management, $500,000 is for the Department of Mental Health, $469,000 is
for the Department of Consumer and Regulatory Affairs, $240,000 is for
the Department of Public Works, $600,000 is for the Department of Human
Services, $100,000 is for the Department of Parks and Recreation, and
$750,000 is for the Division of Transportation.
Federal Payment to the District of Columbia for Increased Facility
Security
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available
until September 30, 2003, for increased facility security, $25,536,000,
of which $3,900,000 is for the Emergency Management Agency, $14,575,000
is for the public schools, and $7,061,000 is for the Office of Property
Management.
Federal Payment to the Washington Metropolitan Area Transit Authority
For a Federal payment to the Washington Metropolitan Area Transit
Authority to meet region-wide security requirements, a contribution of
$39,100,000, to be obligated from amounts made available in Public Law
107-38 and to remain available until September 30, 2003, of which
$5,000,000 shall be used for protective clothing and breathing
apparatus, $2,200,000 shall be for completion of the fiber optic network
project, $15,000,000 shall be for a chemical emergency sensor program,
and $16,900,000 shall be for increased employee and facility security.
Federal Payment to the Metropolitan Washington Council of Governments
For a Federal payment to the Metropolitan Washington Council of
Governments to enhance regional emergency preparedness, coordination and
response, $5,000,000, to be obligated from amounts
[[Page 115 STAT. 2305]]
made available in Public Law 107-38 and to remain available until
September 30, 2003, of which $1,500,000 shall be used to contribute to
the development of a comprehensive regional emergency preparedness,
coordination and response plan, $500,000 shall be used to develop a
critical infrastructure threat assessment model, $500,000 shall be used
to develop and implement a regional communications plan, and $2,500,000
shall be used to develop protocols and procedures for training and
outreach exercises.
DISTRICT OF COLUMBIA FUNDS
Division of Expenses
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia and shall remain available until September 30, 2003.
For Protective Clothing and Breathing Apparatus, to remain available
until September 30, 2003, $7,144,000, of which $922,000 is for the Fire
and Emergency Medical Services Department, $4,269,000 is for the
Metropolitan Police Department, $1,500,000 is for the Department of
Health, and $453,000 is for the Department of Public Works.
For Specialized Hazardous Materials Equipment, to remain available
until September 30, 2003, $1,032,000, for the Fire and Emergency Medical
Services Department.
For Chemical and Biological Weapons Preparedness, to remain
available until September 30, 2003, $10,355,000, of which $205,000 is
for the Fire and Emergency Medical Services Department, $258,000 is for
the Metropolitan Police Department, and $9,892,000 is for the Department
of Health.
For Pharmaceuticals for Responders, to remain available until
September 30, 2003, $2,100,000, for the Department of Health.
For Response and Communications capability, to remain available
until September 30, 2003, $14,960,000, of which $7,755,000 is for the
Fire and Emergency Medical Services Department, $5,855,000 is for the
Metropolitan Police Department, $113,000 is for the Department of Public
Works Division of Transportation, $58,000 is for the Office of Property
Management, $60,000 is for the Department of Public Works, $750,000 is
for the Department of Health, $309,000 is for the Department of Human
Services, and $60,000 is for the Department of Parks and Recreation.
For search, rescue and other emergency equipment and support, to
remain available until September 30, 2003, $8,850,000, of which
$5,442,000 is for the Metropolitan Police Department, $208,000 is for
the Fire and Emergency Medical Services Department, $398,500 is for the
Department of Consumer and Regulatory Affairs, $1,178,500 is for the
Department of Public Works, $542,000 is for the Department of Human
Services, and $1,081,000 is for the Department of Mental Health.
For equipment, supplies and vehicles, to remain available until
September 30, 2003, for the Office of the Chief Medical Examiner,
$1,780,000.
For hospital containment facilities, to remain available until
September 30, 2003, for the Department of Health, $8,000,000.
For the Office of the Chief Technology Officer, to remain available
until September 30, 2003, $45,494,000 is for a first response
[[Page 115 STAT. 2306]]
land-line and wireless interoperability project, of which $1,000,000
shall be used to initiate a comprehensive review by a non-vendor
contractor of the District's current technology-based systems and to
develop a plan for integrating the communications systems of the
District of Columbia Metropolitan Police and Fire and Emergency Medical
Services Departments with the systems of local, regional and Federal law
enforcement agencies, including, but not limited to the United States
Capitol Police, United States Park Police, United States Secret Service,
Federal Bureau of Investigation, Federal Protective Service, and the
Washington Metropolitan Area Transit Authority Police:
Provided, <<NOTE: Deadline.>> That such plan shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives no later than June 15, 2002.
For emergency traffic management, to remain available until
September 30, 2003, $20,700,000 is for the Department of Public Works
Division of Transportation, of which $14,000,000 is to upgrade traffic
light controllers, $4,700,000 is to establish a video traffic monitoring
system, and $2,000,000 is to disseminate traffic information.
For training and planning, to remain available until September 30,
2003, $9,949,000, of which $4,400,000 is for the Fire and Emergency
Medical Services Department, $990,000 is for the Metropolitan Police
Department, $1,200,000 is for the Department of Health, $200,000 is for
the Office of the Chief Medical Examiner, $500,000 is for the Office of
Property Management, $500,000 is for the Department of Mental Health,
$469,000 is for the Department of Consumer and Regulatory Affairs,
$240,000 is for the Department of Public Works, $600,000 is for the
Department of Human Services, $100,000 is for the Department of Parks
and Recreation, and $750,000 is for the Division of Transportation.
For increased facility security, to remain available until September
30, 2003, $25,536,000, of which $3,900,000 is for the Emergency
Management Agency, $14,575,000 for the public schools, and $7,061,000
for the Office of Property Management.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 401. Notwithstanding any other provision of law, the Chief
Financial Officer of the District of Columbia may transfer up to 5
percent of the funds appropriated to the District of Columbia in this
chapter between these accounts: Provided, That no such transfer shall
take place unless the Chief Financial Officer of the District of
Columbia notifies in writing the Committees on Appropriations of the
Senate and the House of Representatives 30 days in advance of such
transfer.
Sec. 402. <<NOTE: Reports. Deadline.>> The Chief Financial Officer
of the District of Columbia, the Chief Financial Officer of the
Washington Metropolitan Area Transit Authority and the Executive
Director of the Metropolitan Washington Council of Governments shall
provide quarterly reports to the President and the Committees on
Appropriations of the Senate and the House of Representatives on the use
of the funds under this chapter beginning no later than March 15, 2002.
Sec. 403. Notwithstanding any other provision of law, all amounts
under this chapter shall be apportioned quarterly by the Office of
Management and Budget: <<NOTE: Deadline.>> Provided, That all such funds
shall be made available no later than September 30, 2002.
[[Page 115 STAT. 2307]]
Sec. 404. In the Fiscal Year 2002 District of Columbia
Appropriations Act under the heading ``Administrative Provisions,
Payments for Representation of Indigents'' under subsection
(c), <<NOTE: Ante, p. 929.>> strike all after ``March 1, 2002.'' through
`` `3600'. ''.
CHAPTER 5
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
operation and maintenance, general
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operation and Maintenance,
General'', $139,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
water and related resources
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Water and Related
Resources'', $30,259,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
weapons activities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and for other expenses to
increase the security of the Nation's nuclear weapons complex, for
``Weapons Activities'', $131,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
defense nuclear nonproliferation
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and for other expenses to
increase the security of the Nation's nuclear weapons complex, for
``Defense Nuclear Nonproliferation'', $226,000,000, to remain available
until expended, to be obligated from amounts made available in Public
Law 107-38.
[[Page 115 STAT. 2308]]
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Defense Environmental
Restoration and Waste Management'', $8,200,000, to remain available
until expended, to be obligated from amounts made available in Public
Law 107-38.
Other Defense Activities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and for other expenses necessary
to support activities related to countering potential biological threats
to civilian populations, for ``Other Defense Activities'', $3,500,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
INDEPENDENT AGENCY
Nuclear Regulatory Commission
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and for other expenses to
increase the security of the Nation's nuclear power plants, for
``Salaries and Expenses'', $36,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38: Provided, That the funds appropriated herein shall be excluded from
license fee revenues, notwithstanding 42 U.S.C. 2214.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 501. Of the funds provided in this or any other Act for
``Defense Environmental Restoration and Waste Management'' at the
Department of Energy, up to $500,000 may be available to the Secretary
of Energy for safety improvements to roads along the shipping route to
the Waste Isolation Pilot Plant site.
Sec. 502. Nutwood Levee, Illinois. The Energy and Water Development
Appropriations Act, 2002 (Public Law 107-66) is amended under the
heading ``Title I, Department of Defense--Civil, Department of the Army,
Corps of Engineers--Civil, Construction, General'' <<NOTE: Ante, p.
490.>> by inserting after ``$3,500,000'' but before the ``.'' ``:
Provided further, That using $400,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, may
initiate construction on the Nutwood Levee, Illinois project''.
Sec. 503. The Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509)
is amended as follows:
(1) <<NOTE: 43 USC 508.>> by inserting in section 4(c) after
``2000,'' and before ``costs'' the following: ``and the
additional $32,000,000 further authorized to be appropriated by
amendments to the Act in 2001,''; and
(2) <<NOTE: 43 USC 509.>> by inserting in section 5 after
``levels),'' and before ``plus'' the following: ``and, effective
October 1, 2001, not to
[[Page 115 STAT. 2309]]
exceed an additional $32,000,000 (October 1, 2001, price
levels),''.
Sec. 504. Jicarilla, New Mexico, Municipal Water System. Public Law
107-66 is amended--
(1) <<NOTE: Ante, p. 489.>> under the heading of ``Title I,
Department of Defense--Civil, Department of the Army, Corps of
Engineers--Civil, Construction, General''--
(A) by striking ``Provided further, That using
$2,500,000 of the funds provided herein, the Secretary
of the Army, acting through the Chief of Engineers, is
directed to proceed with a final design and initiate
construction for the repair and replacement of the
Jicarilla Municipal Water System in the town of Dulce,
New Mexico:''; and
(B) insert at the end before the period the
following: ``: Provided further, That using funds
provided herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed to transfer
$2,500,000 to the Secretary of the Interior for the
Bureau of Reclamation to proceed with the Jicarilla
Municipal Water System in the town of Dulce, New
Mexico''; and
(2) <<NOTE: Ante, p. 498.>> under the heading of ``Title II,
Department of the Interior, Bureau of Reclamation, Water and
Related Resources, (Including the Transfer of Funds)'', insert
at the end before the period the following: ``: Provided
further, That using $2,500,000 of the funds provided herein, the
Secretary of the Interior is directed to proceed with a final
design and initiate construction for the repair and replacement
of the Jicarilla Municipal Water System in the town of Dulce,
New Mexico''.
Sec. 505. (a) Occoquan River, Virginia.--The project for navigation,
Occoquan Creek, Virginia, authorized by the first section of the Act
entitled ``An Act making appropriations for the construction, repair,
and preservation of certain public works on rivers and harbors, and for
other purposes'', approved September 19, 1890 (26 Stat. 440), is
modified to direct the Secretary of the Army--
(1) to deepen the project to a depth of 9 feet; and
(2) to widen the project between Channel Marker Number 2 and
the bridge at United States Route 1 to a width of 200 feet.
(b) Availability of Funds.--Amounts appropriated to carry out the
project referred to in subsection (a) by the Energy and Water
Development Appropriations Act, 2001 (as enacted into law by Public Law
106-377), shall be made available to carry out the modifications to the
project under subsection (a).
(c) Project Redesignation.--
(1) In general.--The project referred to in subsection (a)
shall be known and designated as the ``project for navigation,
Occoquan River, Virginia''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
project referred to in subsection (a) shall be deemed to be a
reference to the ``project for navigation, Occoquan River,
Virginia''.
[[Page 115 STAT. 2310]]
CHAPTER 6
Bilateral Economic Assistance
Funds Appropriated to the President
United States Agency for International Development
international disaster assistance
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``International Disaster
Assistance'', $50,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38, for
humanitarian and reconstruction activities in Afghanistan.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
National Park Service
operation of the national park system
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Operation of the National
Park System'', $10,098,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
united states park police
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for the ``United States Park
Police'', $25,295,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
construction
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Construction'',
$21,624,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38: Provided, That
notwithstanding any other provision of law, single but separate
procurements for the construction of security improvements at the
Washington Monument, for security improvements at the Lincoln Memorial,
and for security improvements at the Jefferson Memorial, may be issued
that include the full scope of each project, except that each
solicitation and contract shall contain the clause ``availability of
funds'' found at section 52.232.18 of title 48, Code of Federal
Regulations.
Departmental Offices
Departmental Management
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Salaries and Expenses'',
[[Page 115 STAT. 2311]]
$2,205,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38, for the working capital
fund of the Department of the Interior.
OTHER RELATED AGENCIES
Smithsonian Institution
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Salaries and Expenses'' of
the Smithsonian Institution, $21,707,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
National Gallery of Art
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Salaries and Expenses'' of
the National Gallery of Art, $2,148,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Operations and
Maintenance'' of the John F. Kennedy Center for the Performing Arts,
$4,310,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
National Capital Planning Commission
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Salaries and Expenses'' of
the National Capital Planning Commission, $758,000, to be obligated from
amounts made available in Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 701. <<NOTE: Historic preservation. 20 USC 50 note.>> (a) In
General.--The Secretary of the Smithsonian Institution shall collect and
preserve in the National Museum of American History artifacts relating
to the September 11th attacks on the World Trade Center and the
Pentagon.
(b) Types of Artifacts.--In carrying out subsection (a), the
Secretary of the Smithsonian Institution shall consider collecting and
preserving--
(1) pieces of the World Trade Center and the Pentagon;
(2) still and video images made by private individuals and
the media;
(3) personal narratives of survivors, rescuers, and
government officials; and
[[Page 115 STAT. 2312]]
(4) other artifacts, recordings, and testimonials that the
Secretary of the Smithsonian Institution determines have lasting
historical significance.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Smithsonian Institution $5,000,000 to carry out this
section.
Sec. 702. Section 29 of Public Law 92-203, as enacted under section
4 of Public Law 94-204 (43 U.S.C. 1626), is amended by adding at the end
of subsection (e) the following:
``(4)(A) Congress confirms that Federal procurement programs
for tribes and Alaska Native Corporations are enacted pursuant
to its authority under Article I, Section 8 of the United States
Constitution.
``(B) Contracting with an entity defined in subsection
(e)(2) of this section or section 3(c) of Public Law 93-262
shall be credited towards the satisfaction of a contractor's
obligations under section 7 of Public Law 87-305.
``(C) Any entity that satisfies subsection (e)(2) of this
section that has been certified under section 8 of Public Law
85-536 is a Disadvantaged Business Enterprise for the purposes
of Public Law 105-178.''.
CHAPTER 8
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Training and employment
services'', $32,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That such amount shall be provided to the Consortium for Worker
Education, established by the New York City Central Labor Council and
the New York City Partnership, for an Emergency Employment
Clearinghouse.
state unemployment insurance and employment service operations
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``State Unemployment
Insurance and Employment Service Operations'', $4,100,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
workers compensation programs
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Workers Compensation
Programs'', $175,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That, of such amount, $125,000,000 shall be for payment to the New York
State Workers Compensation Review Board, for the processing of claims
related to the terrorist attacks: Provided further, That, of such
amount, $25,000,000 shall be for payment
[[Page 115 STAT. 2313]]
to the New York State Uninsured Employers Fund, for reimbursement of
claims related to the terrorist attacks: Provided further, That, of such
amount, $25,000,000 shall be for payment to the New York State Uninsured
Employers Fund, for reimbursement of claims related to the first
response emergency services personnel who were injured, were disabled,
or died due to the terrorist attacks.
Pension and Welfare Benefits Administration
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$1,600,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Occupational Safety and Health Administration
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$1,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Departmental Management
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$5,880,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
disease control, research, and training
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Disease control, research,
and training'' for baseline safety screening for the emergency services
personnel and rescue and recovery personnel, $12,000,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
Office of the Secretary
public health and social services emergency fund
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, to provide grants to public
entities, not-for-profit entities, and Medicare and Medicaid enrolled
suppliers and institutional providers to reimburse for health care
related expenses or lost revenues directly attributable to the public
health emergency resulting from the September 11, 2001, terrorist acts,
for ``Public Health and Social Services Emergency Fund'', $140,000,000,
to remain available until expended, to be obligated
[[Page 115 STAT. 2314]]
from amounts made available in Public Law 107-38: Provided, That none of
the costs have been reimbursed or are eligible for reimbursement from
other sources.
For emergency expenses necessary to support activities related to
countering potential biological, disease, and chemical threats to
civilian populations, for ``Public Health and Social Services Emergency
Fund'', $2,504,314,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38. Of this
amount, $865,000,000 shall be for the Centers for Disease Control and
Prevention for improving State and local capacity; $135,000,000 shall be
for grants to improve hospital capacity to respond to bioterrorism;
$100,000,000 shall be for upgrading capacity at the Centers for Disease
Control and Prevention, including research: Provided, That up to
$10,000,000 of this amount shall be for the tracking and control of
biological pathogens; $85,000,000 shall be for the National Institute of
Allergy and Infectious Diseases for bioterrorism-related research and
development and other related needs; $70,000,000 shall be for the
National Institute of Allergy and Infectious Diseases for the
construction of a biosafety laboratory and related infrastructure costs;
$593,000,000 shall be for the National Pharmaceutical Stockpile;
$512,000,000 shall be for the purchase of smallpox vaccine; $71,000,000
shall be for improving laboratory security at the National Institutes of
Health and the Centers for Disease Control and Prevention; $7,500,000
shall be for environmental hazard control activities conducted by the
Centers for Disease Control and Prevention; $10,000,000 shall be for the
Substance Abuse and Mental Health Services Administration; and
$55,814,000 shall be for bioterrorism preparedness and disaster response
activities in the Office of the Secretary. At the discretion of the
Secretary, these amounts may be transferred between categories subject
to normal reprogramming procedures.
DEPARTMENT OF EDUCATION
school improvement programs
For emergency expenses to provide education-related services to
local educational agencies in which the learning environment has been
disrupted due to a violent or traumatic crisis, for the Project School
Emergency Response to Violence program, $10,000,000, to remain available
until expended, and to be obligated from amounts made available in
Public Law 107-38.
RELATED AGENCIES
National Labor Relations Board
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$180,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
[[Page 115 STAT. 2315]]
Social Security Administration
limitation on administrative expenses
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for ``Limitation on Administrative
Expenses'', $7,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
CHAPTER 9
LEGISLATIVE BRANCH
JOINT ITEMS
legislative branch emergency response fund
(including transfer of funds)
For emergency expenses to respond to the terrorist attacks on the
United States, $256,081,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That $34,500,000 shall be transferred to ``Senate'', ``Sergeant at Arms
and Doorkeeper of the Senate'', and shall be obligated with the prior
approval of the Senate Committee on Appropriations: Provided further,
That $41,712,000 shall be transferred to ``House of Representatives'',
``Salaries and Expenses'', and shall be obligated with the prior
approval of the House Committee on Appropriations: Provided further,
That $31,000,000 shall be transferred to ``Capitol Police Board'',
``Capitol Police'', ``General Expenses'': Provided further, That
$350,000 shall be transferred to ``Capitol Guide Service and Special
Services Office'': Provided further, That $106,304,000 shall be
transferred to ``Architect of the Capitol'', ``Capitol Buildings and
Grounds'', ``Capitol Buildings'': Provided further, That $29,615,000
shall be transferred to ``Library of Congress'', ``Salaries and
Expenses'': Provided further, That $4,000,000 shall be transferred to
the ``Government Printing Office'', ``Government Printing Office
Revolving Fund'': Provided further, That $7,600,000 shall be transferred
to ``General Accounting Office'', ``Salaries and Expenses'': Provided
further, That $1,000,000 shall be transferred as a grant to the United
States Capitol Historical Society: Provided further, That any
Legislative Branch entity receiving funds pursuant to the Emergency
Response Fund established by Public Law 107-38 (without regard to
whether the funds are provided under this chapter or pursuant to any
other provision of law) may transfer any funds provided to the entity to
any other Legislative Branch account in an amount equal to that required
to provide support for security enhancements, subject to the approval of
the Committees on Appropriations of the House of Representatives and
Senate.
SENATE
Administrative Provisions
Sec. 901. <<NOTE: 40 USC 174b-2.>> (a) Acquisition of Buildings and
Facilities.--Notwithstanding any other provision of law, in order to
respond to an emergency situation, the Sergeant at Arms of the Senate
[[Page 115 STAT. 2316]]
may acquire buildings and facilities for the use of the Senate, as
appropriate, by lease, purchase, or such other arrangement as the
Sergeant at Arms of the Senate considers appropriate (including a
memorandum of understanding with the head of an executive agency, as
defined in section 105 of title 5, United States Code, in the case of a
building or facility under the control of such Agency). Actions taken by
the Sergeant at Arms of the Senate must be approved by the Committees on
Appropriations and Rules and Administration.
(b) Agreements.--Notwithstanding any other provision of law, for
purposes of carrying out subsection (a), the Sergeant at Arms of the
Senate may carry out such activities and enter into such agreements
related to the use of any building or facility acquired pursuant to such
subsection as the Sergeant at Arms of the Senate considers appropriate,
including--
(1) agreements with the United States Capitol Police or any
other entity relating to the policing of such building or
facility; and
(2) agreements with the Architect of the Capitol or any
other entity relating to the care and maintenance of such
building or facility.
(c) Authority of Capitol Police and Architect.--
(1) Architect of the capitol.--Notwithstanding any other
provision of law, the Architect of the Capitol may take any
action necessary to carry out an agreement entered into with the
Sergeant at Arms of the Senate pursuant to subsection (b).
(2) Capitol police.--Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended--
(A) by striking ``The Capitol Police'' and inserting
``(a) The Capitol Police''; and
(B) by adding at the end the following new
subsection:
``(b) For purposes of this section, `the United States Capitol
Buildings and Grounds' shall include any building or facility acquired
by the Sergeant at Arms of the Senate for the use of the Senate for
which the Sergeant at Arms of the Senate has entered into an agreement
with the United States Capitol Police for the policing of the building
or facility.''.
(d) Transfer of Certain Funds.--Subject to the approval of the
Committee on Appropriations of the Senate, the Architect of the Capitol
may transfer to the Sergeant at Arms of the Senate amounts made
available to the Architect for necessary expenses for the maintenance,
care and operation of the Senate office buildings during a fiscal year
in order to cover any portion of the costs incurred by the Sergeant at
Arms of the Senate during the year in acquiring a building or facility
pursuant to subsection (a).
(e) <<NOTE: Applicability.>> Effective Date.--This section and the
amendments made by this section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 902. <<NOTE: 2 USC 130g.>> (a) Notwithstanding any other
provision of law--
(1) subject to subsection (b), the Sergeant at Arms of the
Senate and the head of an executive agency (as defined in
section 105 of title 5, United States Code) may enter into a
memorandum of understanding under which the agency may provide
facilities, equipment, supplies, personnel, and other
[[Page 115 STAT. 2317]]
support services for the use of the Senate during an emergency
situation; and
(2) the Sergeant at Arms of the Senate and the head of the
agency may take any action necessary to carry out the terms of
the memorandum of understanding.
(b) The Sergeant at Arms of the Senate may enter into a memorandum
of understanding described in subsection (a)(1) consistent with the
Senate Procurement Regulations.
(c) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
HOUSE OF REPRESENTATIVES
Administrative Provisions
Sec. 903. <<NOTE: 40 USC 175a.>> (a) Acquisition of Buildings and
Facilities.--Notwithstanding any other provision of law, in order to
respond to an emergency situation, the Chief Administrative Officer of
the House of Representatives may acquire buildings and facilities for
the use of the House of Representatives by lease, purchase, or such
other arrangement as the Chief Administrative Officer considers
appropriate (including a memorandum of understanding with the head of an
executive agency, as defined in section 105 of title 5, United States
Code, in the case of a building or facility under the control of such
Agency), subject to the approval of the House Office Building
Commission.
(b) Agreements.--Notwithstanding any other provision of law, for
purposes of carrying out subsection (a), the Chief Administrative
Officer may carry out such activities and enter into such agreements
related to the use of any building or facility acquired pursuant to such
subsection as the Chief Administrative Officer considers appropriate,
including--
(1) agreements with the United States Capitol Police or any
other entity relating to the policing of such building or
facility; and
(2) agreements with the Architect of the Capitol or any
other entity relating to the care and maintenance of such
building or facility.
(c) Authority of Capitol Police and Architect.--
(1) Architect of the capitol.--Notwithstanding any other
provision of law, the Architect of the Capitol may take any
action necessary to carry out an agreement entered into with the
Chief Administrative Officer pursuant to subsection (b).
(2) Capitol police.--Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended--
(A) by striking ``The Capitol Police'' and inserting
``(a) The Capitol Police''; and
(B) by adding at the end the following new
subsection:
``(b) For purposes of this section, `the United States Capitol
Buildings and Grounds' shall include any building or facility acquired
by the Chief Administrative Officer of the House of Representatives for
the use of the House of Representatives for which the Chief
Administrative Officer has entered into an agreement with the United
States Capitol Police for the policing of the building or facility.''.
[[Page 115 STAT. 2318]]
(d) Transfer of Certain Funds.--Subject to the approval of the
Committee on Appropriations of the House of Representatives, the
Architect of the Capitol may transfer to the Chief Administrative
Officer amounts made available to the Architect for necessary expenses
for the maintenance, care and operation of the House office buildings
during a fiscal year in order to cover any portion of the costs incurred
by the Chief Administrative Officer during the year in acquiring a
building or facility pursuant to subsection (a).
(e) <<NOTE: Applicability.>> Effective Date.--This section and the
amendments made by this section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
Sec. 904. (a) Notwithstanding any other provision of law--
(1) <<NOTE: 2 USC 130h.>> subject to subsection (b), the
Chief Administrative Officer of the House of Representatives and
the head of an executive agency (as defined in section 105 of
title 5, United States Code) may enter into a memorandum of
understanding under which the agency may provide facilities,
equipment, supplies, personnel, and other support services for
the use of the House of Representatives during an emergency
situation; and
(2) the Chief Administrative Officer and the head of the
agency may take any action necessary to carry out the terms of
the memorandum of understanding.
(b) The Chief Administrative Officer of the House of Representatives
may not enter into a memorandum of understanding described in subsection
(a)(1) without the approval of the Speaker of the House of
Representatives.
(c) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
Sec. 905. <<NOTE: Establishment. 2 USC 130i.>> (a) There is
established in the House of Representatives an office to be known as the
House of Representatives Office of Emergency Planning, Preparedness, and
Operations. The Office shall be responsible for mitigation and
preparedness operations, crisis management and response, resource
services, and recovery operations.
(b) The Speaker, in consultation with the minority leader--
(1) shall provide policy direction for, and oversight of,
the Office;
(2) shall appoint and set the annual rate of pay for
employees of the Office, including a Director, who shall be the
head of the Office;
(3) shall exercise, with respect to any employee of the
Office, the authority referred to in section 8344(k)(2)(B) of
title 5, United States Code, and the authority referred to in
section 8468(h)(2)(B) of title 5, United States Code;
(4) shall approve procurement of services of experts and
consultants by the Office or by committees or other entities of
the House of Representatives for assignment to the Office; and
(5) may request the head of any Federal department or agency
to detail to the Office, on a reimbursable basis, any of the
personnel of the department or agency.
(c) <<NOTE: Establishment.>> The day-to-day operations of the Office
shall be carried out by the Director, under the supervision of a Board,
to be known as the House of Representatives Continuity of Operations
Board, comprised of the Clerk, the Sergeant at Arms, and the Chief
[[Page 115 STAT. 2319]]
Administrative Officer of the House of Representatives. The Clerk shall
be the Chairman of the Board.
(d) Until otherwise provided by law, funds shall be available for
the Office from amounts appropriated for the operations of the House of
Representatives.
(e) <<NOTE: Effective date. Applicability.>> This section shall take
effect on the date of the enactment of this Act and shall apply to
fiscal years beginning with fiscal year 2002.
Sec. 906. <<NOTE: Anthrax. Mail.>> (a) As determined by the Sergeant
at Arms of the House of Representatives, any anthrax-contaminated mail
delivered by the United States Postal Service to the House of
Representatives shall be destroyed or otherwise disposed of.
(b) No action taken under this section may serve as a basis for
civil or criminal liability of any individual or entity.
(c) As used in this section, the term ``anthrax-contaminated mail''
means any mail matter that, as determined by the Sergeant at Arms, by
reason of the events of October 2001--
(1) is contaminated by anthrax or any other substance the
mailing of which is prohibited by section 1716 of title 18,
United States Code, or any other law of the United States; or
(2) may be so contaminated, but the ascertainment of which
is not technically feasible or is otherwise impracticable.
(d) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
OTHER LEGISLATIVE BRANCH
Administrative Provisions
Sec. 907. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 206-1) is
amended by striking ``but not to exceed'' and all that follows and
inserting the following: ``but not to exceed $2,500 less than the lesser
of the annual salary for the Sergeant at Arms of the House of
Representatives or the annual salary for the Sergeant at Arms and
Doorkeeper of the Senate.''.
(b) <<NOTE: 40 USC 206 note.>> The Assistant Chief of the Capitol
Police shall receive compensation at a rate determined by the Capitol
Police Board, but not to exceed $1,000 less than the annual salary for
the chief of the United States Capitol Police.
(c) <<NOTE: Applicability. 40 USC 206-1 note.>> This section and the
amendment made by this section shall apply with respect to pay periods
beginning on or after the date of the enactment of this Act.
Sec. 908. <<NOTE: 40 USC 207b-1.>> (a) The Capitol Police Board may,
in order to recruit or retain qualified personnel, establish and
maintain a program under which the Capitol Police may agree to repay (by
direct payments on behalf of a civilian employee or member of the
Capitol Police) all or a portion of any student loan previously taken
out by such employee or member.
(b) The Capitol Police Board may, by regulation, make applicable
such provisions of section 5379 of title 5, United States Code, as the
Board determines necessary to provide for such program.
(c) The regulations shall provide that the amount paid by the
Capitol Police may not exceed--
(1) $6,000 for any civilian employee or member of the
Capitol Police in any calendar year; or
[[Page 115 STAT. 2320]]
(2) a total of $40,000 in the case of any employee or
member.
(d) The Capitol Police may not reimburse a civilian employee or
member of the Capitol Police for any repayments made by such employee or
member prior to the Capitol Police entering into an agreement under this
section with such employee or member.
(e) Any amount repaid by, or recovered from, an individual under
this section and its implementing regulations shall be credited to the
appropriation account available for salaries and expenses of the Capitol
Police at the time of repayment or recovery. Such credited amount may be
used for any authorized purpose of the account and shall remain
available until expended.
(f) <<NOTE: Applicability.>> This section shall apply to fiscal year
2002 and each fiscal year thereafter.
Sec. 909. <<NOTE: 40 USC 207b-2.>> (a) Recruitment and Relocation
Bonuses.--
(1) Authorization of payment.--The Capitol Police Board
(hereafter in this section referred to as the ``Board'') may
authorize the Chief of the United States Capitol Police
(hereafter in this section referred to as the ``Chief'') to pay
a bonus to an individual who is newly appointed to a position as
an officer or employee of the Capitol Police, and to pay an
additional bonus to an individual who must relocate to accept a
position as an officer or employee of the Capitol Police, if the
Board determines that the Capitol Police would be likely, in the
absence of such a bonus, to encounter difficulty in filling the
position.
(2) Amount of payment.--The amount of a bonus under this
subsection shall be determined by regulations of the Board, but
the amount of any bonus paid to an individual under this
subsection may not exceed 25 percent of the annual rate of basic
pay of the position to which the individual is being appointed.
(3) Minimum period of service required.--Payment of a bonus
under this subsection shall be contingent upon the individual
entering into an agreement with the Capitol Police to complete a
period of employment with the Capitol Police, with the required
period determined pursuant to regulations of the Board. If the
individual voluntarily fails to complete such period of service
or is separated from the service before completion of such
period of service for cause on charges of misconduct or
delinquency, the individual shall repay the bonus on a pro rata
basis.
(4) Bonus not considered part of basic pay.--A bonus under
this subsection shall be paid as a lump sum, and may not be
considered to be part of the basic pay of the officer or
employee.
(5) Payment permitted prior to commencement of duty.--Under
regulations of the Board, a bonus under this subsection may be
paid to a newly-hired officer or employee before the officer or
employee enters on duty.
(b) Retention Allowances.--
(1) Authorization of payment.--The Board may authorize the
Chief to pay an allowance to an officer or employee of the
United States Capitol Police if--
(A) the unusually high or unique qualifications of
the officer or employee or a special need of the Capitol
Police
[[Page 115 STAT. 2321]]
for the officer's or employee's services makes it
essential to retain the officer or employee; and
(B) the Chief determines that the officer or
employee would be likely to leave in the absence of a
retention allowance.
(2) Amount of payment.--A retention allowance, which shall
be stated as a percentage of the rate of basic pay of the
officer or employee, may not exceed 25 percent of such rate of
basic pay.
(3) Payment not considered part of basic pay.--A retention
allowance may not be considered to be part of the basic pay of
an officer or employee, and the reduction or elimination of a
retention allowance may not be appealed. The preceding sentence
shall not be construed to extinguish or lessen any right or
remedy under any of the laws made applicable to the Capitol
Police pursuant to section 102 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1302).
(4) Time and manner of payment.--A retention allowance under
this subsection shall be paid at the same time and in the same
manner as the officer's or employee's basic pay is paid.
(c) Lump Sum Incentive and Merit Bonus Payments.--
(1) In general.--The Board may pay an incentive or merit
bonus to an officer or employee of the United States Capitol
Police who meets such criteria for receiving the bonus as the
Board may establish.
(2) Bonus not considered part of basic pay.--A bonus under
this subsection shall be paid as a lump sum, and may not be
considered to be part of the basic pay of the officer or
employee.
(d) Service Step Increases for Meritorious Service for Officers.--
Upon the approval of the Chief--
(1) an officer of the United States Capitol Police in a
service step who has demonstrated meritorious service (in
accordance with criteria established by the Chief or the Chief's
designee) may be advanced in compensation to the next higher
service step, effective with the first pay period which begins
after the date of the Chief's approval; and
(2) an officer of the United States Capitol Police in a
service step who has demonstrated extraordinary performance (in
accordance with criteria established by the Chief or the Chief's
designee) may be advanced in compensation to the second next
higher service step, effective with the first pay period which
begins after the date of the Chief's approval.
(e) Additional Compensation for Field Training Officers.--
(1) In general.--Each officer of the United States Capitol
Police who is assigned to duty as a field training officer shall
receive, in addition to the officer's scheduled rate of
compensation, an additional amount determined by the Board (but
not to exceed $2,000 per annum).
(2) Manner of payment.--The additional compensation
authorized by this subsection shall be paid to the officer in
the same manner as the officer is paid basic compensation,
except that when the officer ceases to be assigned to duty as a
field training officer, the loss of such additional compensation
shall not constitute an adverse action for any purpose.
[[Page 115 STAT. 2322]]
(f) Regulations.--
(1) In general.--The payment of bonuses, allowances, step
increases, compensation, and other payments pursuant to this
section shall be carried out in accordance with regulations
prescribed by the Board.
(2) Approval.--The regulations prescribed pursuant to this
subsection shall be subject to the approval of the Committee on
Rules and Administration of the Senate, the Committee on House
Administration of the House of Representatives, and the
Committees on Appropriations of the Senate and the House of
Representatives.
(g) <<NOTE: Applicability.>> Effective Date.--This section shall
apply with respect to fiscal year 2002 and each succeeding fiscal year.
Sec. 910. <<NOTE: 40 USC 206d-1.>> In addition to the authority
provided under section 121 of the Legislative Branch Appropriations Act,
2002, at any time on or after the date of the enactment of this Act, the
Capitol Police Board may accept contributions of comfort and other
incidental items and services to support officers and employees of the
United States Capitol Police while such officers and employees are on
duty in response to emergencies involving the safety of human life or
the protection of property.
Sec. <<NOTE: 40 USC 212c.>> 911. Assistance by Executive Departments
and Agencies to the Capitol Police. (a) Assistance.--
(1) In general.--Executive departments and Executive
agencies may assist the United States Capitol Police in the
performance of its duties by providing services (including
personnel), equipment, and facilities on a temporary and
reimbursable basis when requested by the Capitol Police Board
and on a permanent and reimbursable basis upon advance written
request of the Capitol Police Board; except that the Department
of Defense and the Coast Guard may provide such assistance on a
temporary basis without reimbursement when assisting the United
States Capitol Police in its duties directly related to
protection under the Act of July 31, 1946 (40 U.S.C. 212a-2).
Before making a request under this paragraph, the Capitol Police
Board shall consult with appropriate Members of the Senate and
House of Representatives in leadership positions, except in an
emergency.
(2) Procurement.--No services (including personnel),
equipment, or facilities may be ordered, purchased, leased, or
otherwise procured for the purposes of carrying out the duties
of the United States Capitol Police by persons other than
officers or employees of the Federal Government duly authorized
by the Chairman of the Capitol Police Board to make such orders,
purchases, leases, or procurements.
(3) Expenditures or obligation of funds.--No funds may be
expended or obligated for the purpose of carrying out this
section other than funds specifically appropriated to the
Capitol Police Board or the United States Capitol Police for
those purposes with the exception of--
(A) expenditures made by the Department of Defense
or the Coast Guard from funds appropriated to the
Department of Defense or the Coast Guard in providing
assistance on a temporary basis to the United States
Capitol Police in the performance of its duties directly
related to protection under the Act of July 31, 1946 (40
U.S.C. 212a-2); and
[[Page 115 STAT. 2323]]
(B) expenditures made by Executive departments and
agencies, in providing assistance at the request of the
United States Capitol Police in the performance of its
duties, and which will be reimbursed by the United
States Capitol Police under this section.
(4) Provision of assistance.--Assistance under this section
shall be provided--
(A) consistent with the authority of the Capitol
Police under sections 9 and 9A of the Act of July 31,
1946 (40 U.S.C. 212a and 212a-2);
(B) upon the advance written request of--
(i) the Capitol Police Board; or
(ii) in an emergency--
(I) the Sergeant at Arms and
Doorkeeper of the Senate in any matter
relating to the Senate; or
(II) the Sergeant at Arms of the
House of Representatives in any matter
relating to the House of
Representatives; and
(C)(i) on a temporary and reimbursable basis;
(ii) on a permanent reimbursable basis upon advance
written request of the Capitol Police Board; or
(iii) on a temporary basis without reimbursement by
the Department of Defense and the Coast Guard as
described under paragraph (1).
(b) Reports.--
(1) <<NOTE: Deadline.>> Submission.--With respect to any
fiscal year in which an executive department or executive agency
provides assistance under this section, the head of that
department or agency shall submit a report not later than 90
days after the end of the fiscal year to the Chairman of the
Capitol Police Board.
(2) Content.--The report submitted under paragraph (1) shall
contain a detailed account of all expenditures made by the
Executive department or executive agency in providing assistance
under this section during the applicable fiscal year.
(3) Summary.--After receipt of all reports under paragraph
(2) with respect to any fiscal year, the Chairman of the Capitol
Police Board shall submit a summary of such reports to the
Committees on Appropriations of the Senate and the House of
Representatives.
(c) <<NOTE: Applicability.>> Effective Date.--This section shall
take effect on the date of enactment of this Act and apply to each
fiscal year occurring after such date.
Sec. 912. (a)(1) In the event of an emergency, as determined by the
Capitol Police Board, or of a joint session of Congress, the Chief of
the Capitol Police may enter into agreements--
(A) with the District of Columbia to deputize members of the
District of Columbia National Guard, who are qualified for law
enforcement functions, for duty with the Captiol Police for the
purpose of policing the Capitol grounds; and
(B) with any appropriate governmental law enforcement
authority to deputize law enforcement officers for duty with the
Capitol Police for the purpose of policing the Capitol grounds.
(2) Any agreement under paragraph (1) shall be subject to initial
approval by the Capitol Police Board and to final approval by the
Speaker of the House of Representatives (in consultation
[[Page 115 STAT. 2324]]
with the Minority Leader of the House of Representatives) and the
President pro tempore of the Senate (in consultation with the Minority
Leader of the Senate), acting jointly.
(b) Subject to approval by the Speaker of the House of
Representatives (in consultation with the Minority Leader of the House
of Representatives) and the President pro tempore of the Senate (in
consultation with the Minority Leader of the Senate), acting jointly,
the Capitol Police Board shall prescribe regulations to carry out this
section.
(c) <<NOTE: Expiration date.>> This section shall expire on
September 30, 2002.
Sec. 913. <<NOTE: 40 USC 188a-2 note.>> (a) Notwithstanding any
other provision of law, the United States Capitol Preservation
Commission established under section 801 of the Arizona-Idaho
Conservation Act of 1988 (40 U.S.C. 188a) may transfer to the Architect
of the Capitol amounts in the Capitol Preservation Fund established
under section 803 of such Act (40 U.S.C. 188a-2) if the amounts are to
be used by the Architect for the planning, engineering, design, or
construction of the Capitol Visitor Center.
(b) Any amounts transferred pursuant to subsection (a) shall remain
available for the use of the Architect of the Capitol until expended.
(c) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
Sec. 914. (a) In accordance with the authority described in section
308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C.
166b-3a(a)), section 108 of the Legislative Branch Appropriations Act,
1991 (40 U.S.C. 166b-3b), as amended by section 129(c)(1) of the
Legislative Branch Appropriations Act, 2002, <<NOTE: Ante, p. 580.>> is
amended by adding at the end the following new subsection:
``(c) The Architect of the Capitol may fix the rate of basic pay for
not more than 4 positions for Executive Project Directors whose salary
is payable from project funds, at a rate not to exceed 95 percent of the
highest total rate of pay for the Senior Executive Service under
subchapter VIII of chapter 53 of title 5, United States Code, for the
locality involved.''.
(b) <<NOTE: Applicability. 40 USC 166b-3b note. Short title.3Ante,
p. 560.>> The amendment made by subsection (a) shall apply with respect
to pay periods beginning on or after October 1, 2001.
Sec. 915. (a) Public Law 107-68 is amended by adding at the end the
following:
``This Act may be cited as the `Legislative Branch Appropriations
Act, 2002'.''.
(b) <<NOTE: Effective date.>> The amendment made by subsection (a)
shall take effect as if included in the enactment of Public Law 107-68.
Sec. <<NOTE: 2 USC 60c-5.>> 916. Section 102 of the Legislative
Branch Appropriations Act, 2002 (Public Law 107-68) is amended--
(1) in subsection (a), by striking paragraph (1) and
redesignating paragraphs (2) through (6) as paragraphs (1)
through (5), respectively;
(2) in subsection (g)(1)--
(A) in subparagraph (A), by striking ``subsection
(i)(1)(A)'' and inserting ``subsection (h)(1)(A)''; and
(B) in subparagraph (B), by striking ``subsection
(i)(1)(B)'' and inserting ``subsection (h)(1)(B)''.
Sec. 917. (a) Section 209 of the Legislative Branch Appropriations
Act, 2002 (Public Law 107-68) <<NOTE: 36 USC note prec. 101.>> is
amended in the matter amending Public Law 106-173 by striking the
quotation marks and period at the end of the new subsection (g) and
inserting
[[Page 115 STAT. 2325]]
the following: ``Any reimbursement under this subsection shall be
credited to the appropriation, fund, or account used for paying the
amounts reimbursed.
``(h) Employment Benefits.--
``(1) In general.--The Commission shall fix employment
benefits for the Director and for additional personnel appointed
under section 6(a), in accordance with paragraphs (2) and (3).
``(2) Employment benefits for the director.--
``(A) In general.--The Commission shall determine
whether or not to treat the Director as a Federal
employee for purposes of employment benefits. If the
Commission determines that the Director is to be treated
as a Federal employee, then he or she is deemed to be an
employee as that term is defined by section 2105 of
title 5, United States Code, for purposes of chapters
63, 83, 84, 87, 89, and 90 of that title, and is deemed
to be an employee for purposes of chapter 81 of that
title. If the Commission determines that the Director is
not to be treated as a Federal employee for purposes of
employment benefits, then the Commission or its
administrative support service provider shall establish
appropriate alternative employment benefits for the
Director. <<NOTE: Notification.>> The Commission's
determination shall be irrevocable with respect to each
individual appointed as Director, and the Commission
shall notify the Office of Personnel Management and the
Department of Labor of its determination.
Notwithstanding the Commission's determination, the
Director's service is deemed to be Federal service for
purposes of section 8501 of title 5, United States Code.
``(B) Detailee serving as director.--Subparagraph
(A) shall not apply to a detailee who is serving as
Director.
``(3) Employment benefits for additional personnel.--A
person appointed to the Commission staff under subsection (b)(2)
is deemed to be an employee as that term is defined by section
2105 of title 5, United States Code, for purposes of chapters
63, 83, 84, 87, 89, and 90 of that title, and is deemed to be an
employee for purposes of chapter 81 of that title.''.
(b) <<NOTE: Effective date. 36 USC note prec. 101.>> The amendments
made by this section shall take effect as if included in the enactment
of the Legislative Branch Appropriations Act, 2002 (Public Law 107-68).
Sec. 918. (a) Section 133(a) of the Legislative Branch
Appropriations Act, 2002 (Public Law 107-68) <<NOTE: Ante, p. 581.>> is
amended--
(1) by striking ``90-day'' in paragraph (1) and inserting
``180-day''; and
(2) by striking ``90 days'' in paragraph (2)(C) and
inserting ``180 days''.
(b) <<NOTE: Effective date.>> The amendments made by subsection (a)
shall take effect as if included in the enactment of the Legislative
Branch Appropriations Act, 2002 (Public Law 107-68).
[[Page 115 STAT. 2326]]
CHAPTER 10
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
Military Construction, Army
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Military Construction,
Army'', $20,700,000, to remain available until expended: Provided, That
these funds shall be obligated from amounts made available in Public Law
107-38.
Military Construction, Navy
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Military Construction,
Navy'', $2,000,000, to remain available until expended: Provided, That
these funds shall be obligated from amounts made available in Public Law
107-38.
Military Construction, Air Force
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Military Construction, Air
Force'', $46,700,000, to remain available until expended: Provided, That
these funds shall be obligated from amounts made available in Public Law
107-38.
Military Construction, Defense-Wide
(including transfer of funds)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Military Construction,
Defense-wide'', $35,000,000 to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That such amount shall be available for transfer to ``Military
Construction, Army''.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1001. (a) Availability of Amounts for Military Construction
Relating to Terrorism.--Amounts made available to the Department of
Defense from funds appropriated in Public Law 107-38 and this Act may be
used to carry out military construction projects, not otherwise
authorized by law, that the Secretary of Defense determines are
necessary to respond to or protect against acts or threatened acts of
terrorism.
(b) <<NOTE: Deadline.>> Notice to Congress.--Not later than 15 days
before obligating amounts available under subsection (a) for military
construction projects referred to in that subsection the Secretary shall
notify the appropriate committees of Congress of the following:
(1) The determination to use such amounts for the project.
(2) The estimated cost of the project and the accompanying
Form 1391.
(c) Appropriate Committees of Congress Defined.--In this section the
term ``appropriate committees of Congress'' has the
[[Page 115 STAT. 2327]]
meaning given that term in section 2801 (4) of title 10, United States
Code.
Sec. 1002. Section 138 of Public Law 106-246 <<NOTE: 114 Stat.
524.>> is amended by striking ``$77,500,000'' and inserting in lieu
``$102,000,000 for project completion''.
Sec. 1003. Section 2202(a) of the National Defense Authorization Act
for Fiscal Year 2002 <<NOTE: Ante, p. 1288.>> is amended in the ``Navy:
Family Housing'' table, by striking ``Naval Construction Battalion
Center, Gulfport'' and inserting ``Naval Station, Pascagoula''.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Transportation Security Administration
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for the ``Transportation
Security Administration'', $94,800,000, to remain available until
September 30, 2003, to be obligated from amounts made available in
Public Law 107-38: Provided, That $93,300,000 shall be for the Under
Secretary of Transportation for Security to award competitive grants to
critical national seaports to finance the costs of enhancing facility
and operational security: Provided further, That such grants shall be
awarded based on the need for security assessments and enhancements as
determined by the Under Secretary of Transportation for Security, the
Administrator of the Maritime Administration, and the Commandant of the
U.S. Coast Guard: Provided further, That such grants shall not supplant
funding already provided either by the ports or by any Federal entity:
Provided further, That no more than $1,000,000 of the grant funds
available under this heading shall be used for administration.
payments to air carriers
(airport and airway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, in addition to funds made
available from any other source to carry out the essential air service
program under 49 U.S.C. 41731 through 41742, to be derived from the
Airport and Airway Trust Fund, $50,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38.
Coast Guard
operating expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operating Expenses'',
$209,150,000, to remain available until September 30, 2003, to be
obligated from amounts made available in Public Law 107-38.
[[Page 115 STAT. 2328]]
Federal Aviation Administration
operations
(airport and airway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operations'',
$200,000,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2003, to be obligated from
amounts made available in Public Law 107-38.
facilities and equipment
(airport and airway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Facilities and
Equipment'', $108,500,000, to be derived from the Airport and Airway
Trust Fund, to remain available until September 30, 2004, and to be
obligated from amounts made available in Public Law 107-38.
research, engineering, and development
(airport and airway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Research, Engineering, and
Development'', $50,000,000, to be derived from the Airport and Airway
Trust Fund, to remain available until September 30, 2003, and to be
obligated from amounts made available in Public Law 107-38.
grants-in-aid for airports
(airport and airway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, notwithstanding any other
provision of law, for ``Grants-in-aid for airports'', to enable the
Federal Aviation Administrator to compensate airports for a portion of
the direct costs associated with new, additional or revised security
requirements imposed on airport operators by the Administrator on or
after September 11, 2001, $175,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended, and to be
obligated from amounts made available in Public Law 107-38.
Federal Highway Administration
miscellaneous appropriations
(highway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Miscellaneous
Appropriations'', including the operation and construction of ferries
and ferry facilities, $100,000,000, to be derived from the Highway Trust
Fund, to remain available until expended, and to be obligated from
amounts made available in Public Law 107-38.
[[Page 115 STAT. 2329]]
federal-aid highways
emergency relief program
(highway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for the ``Emergency Relief
Program'', as authorized by section 125 of title 23, United States Code,
$75,000,000, to be derived from the Highway Trust Fund and to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
Federal Railroad Administration
safety and operations
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Safety and Operations'',
$6,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
capital grants to the national railroad passenger corporation
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for necessary expenses of
capital improvements of the National Railroad Passenger Corporation as
authorized by 49 U.S.C. 24104(a), $100,000,000, to remain available
until expended, and to be obligated from amounts made available in
Public Law 107-38.
Federal Transit Administration
formula grants
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Formula Grants'',
$23,500,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
capital investment grants
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Capital Investment
Grants'', $100,000,000, to remain available until expended, and to be
obligated from amounts made available in Public Law 107-38: Provided,
That in administering funds made available under this paragraph, the
Federal Transit Administrator shall direct funds to those transit
agencies most severely impacted by the terrorist attacks of September
11, 2001, excluding any transit agency receiving a Federal payment
elsewhere in this Act: Provided further, That the provisions of 49
U.S.C. 5309(h) shall not apply to funds made available under this
paragraph.
[[Page 115 STAT. 2330]]
Research and Special Programs Administration
research and special programs
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Research and Special
Programs,'' $2,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Office of Inspector General
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States and for other safety and security
related audit and monitoring responsibilities, for ``Salaries and
Expenses'', $1,300,000, to remain available until September 30, 2003, to
be obligated from amounts made available in Public Law 107-38.
RELATED AGENCY
National Transportation Safety Board
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,''
$650,000, to remain available until September 30, 2003, to be obligated
from amounts made available in Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1101. Section 5117(b)(3) of the Transportation Equity Act for
the 21st Century (Public Law 105-178; 112 Stat. 449; 23 U.S.C. 502 note)
is amended--
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (F), and (G), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) Follow-on deployment.--(i) After an
intelligent transportation infrastructure system
deployed in an initial deployment area pursuant to a
contract entered into under the program under this
paragraph has received system acceptance, the Department
of Transportation has the authority to extend the
original contract that was competitively awarded for the
deployment of the system in the follow-on deployment
areas under the contract, using the same asset
ownership, maintenance, fixed price contract, and
revenue sharing model, and the same competitively
selected consortium leader, as were used for the
deployment in that initial deployment area under the
program.
``(ii) If any one of the follow-on deployment areas
does not commit, by July 1, 2002, to participate in the
deployment of the system under the contract, then, upon
application by any of the other follow-on deployment
areas that have committed by that date to participate in
the deployment of the system, the Secretary shall
supplement the funds made available for any of the
follow-on deployment
[[Page 115 STAT. 2331]]
areas submitting the applications by using for that
purpose the funds not used for deployment of the system
in the nonparticipating area. Costs paid out of funds
provided in such a supplementation shall not be counted
for the purpose of the limitation on maximum cost set
forth in subparagraph (B).'';
(3) by inserting after subparagraph (D), as redesignated by
paragraph (1), the following new subparagraph (E):
``(E) Definitions.--In this paragraph:
``(i) The term `initial deployment area' means
a metropolitan area referred to in the second
sentence of subparagraph (A).
``(ii) The term `follow-on deployment areas'
means the metropolitan areas of Baltimore,
Birmingham, Boston, Chicago, Cleveland, Dallas/Ft.
Worth, Denver, Detroit, Houston, Indianapolis, Las
Vegas, Los Angeles, Miami, New York/Northern New
Jersey, Northern Kentucky/Cincinnati, Oklahoma
City, Orlando, Philadelphia, Phoenix, Pittsburgh,
Portland, Providence, Salt Lake, San Diego, San
Francisco, St. Louis, Seattle, Tampa, and
Washington, District of Columbia.''; and
(4) in subparagraph (D), as redesignated by paragraph (1),
by striking ``subparagraph (D)'' and inserting ``subparagraph
(F)''.
Sec. 1102. No appropriated funds or revenues generated by the
National Railroad Passenger Corporation may be used to implement section
204(c)(2) of Public Law 105-134 until the Congress has enacted an Amtrak
reauthorization Act.
Sec. 1103. (a) Notwithstanding any other provision of law, of the
funds authorized under section 110 of title 23, United States Code, for
fiscal year 2002, no funds shall be available for the program authorized
under section 1101(a)(11) of Public Law 105-178 and $29,542,304 shall be
set aside for the project as authorized under title IV of the National
Highway System Designation Act of 1995, as amended: Provided, That, if
funds authorized under these provisions have been distributed then the
amount so specified shall be recalled proportionally from those funds
distributed to the States under section 110(b)(4)(A) and (B) of title
23, United States Code.
(b) Notwithstanding any other provision of law, for fiscal year
2002, funds available for environmental streamlining activities under
section 104(a)(1)(A) of title 23, United States Code, may include making
grants to, or entering into contracts, cooperative agreements, and other
transactions, with a Federal agency, State agency, local agency,
authority, association, nonprofit or for-profit corporation, or
institution of higher education.
(c) Notwithstanding any other provision of law, of the funds
authorized under section 110 of title 23, United States Code, for fiscal
year 2002, and made available for the National motor carrier safety
program, $5,896,000 shall be for State commercial driver's license
program improvements.
(d) Notwithstanding any other provision of law, of the funds
authorized under section 110 of title 23, United States Code, for fiscal
year 2002, and made available for border infrastructure improvements, up
to $2,300,000 shall be made available to carry out section 1119(d) of
the Transportation Equity Act for the 21st Century, as amended.
[[Page 115 STAT. 2332]]
Sec. 1104. Notwithstanding any other provision of law, of the
amounts appropriated in fiscal year 2002 for the Research and Special
Programs Administration, $3,170,000 of funds provided for research and
special programs shall remain available until September 30, 2004, and
$22,786,000 of funds provided for the pipeline safety program derived
from the pipeline safety fund shall remain available until September 30,
2004.
Sec. 1105. Item 1497 in the table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 312), relating
to Alaska, is amended by inserting ``and construct capital improvements
to intermodal marine freight and passenger facilities and access
thereto'' before ``in Anchorage''.
Sec. 1106. The Department of Transportation and Related Agencies
Appropriations Act, 2002 <<NOTE: Ante, p. 860.>> is amended in section
330 by striking ``$144,000,000'' and inserting ``$148,300,000'' and in
section 349 by striking ``$5,000,000'' and inserting ``$9,300,000'' and
by striking ``$120,323,000'' and inserting ``$116,023,000''.
Sec. 1107. Notwithstanding any other provision of law, none of the
funds in the Department of Transportation and Related Agencies
Appropriations Act, 2002 shall be available for salaries and expenses of
more than 102 political and Presidential appointees in the Department of
Transportation: Provided, That none of the funds in this Act, or any
other Appropriations Act for fiscal year 2002, shall be available for
the position of Under Secretary of Transportation for Policy or the
position of Assistant Secretary for Public Affairs.
Sec. 1108. Section 1511(b) of the Transportation Equity Act for the
21st Century (Public Law 105-178), as amended, <<NOTE: 23 USC 181
note.>> is amended by striking ``Rhode Island'' and inserting in lieu
thereof ``Rhode Island, and Texas'' and by inserting before the period
in subsection (b)(1)(A) ``, provided that Texas may not compete for
funds previously allocated or appropriated to any other State''.
CHAPTER 12
DEPARTMENT OF THE TREASURY
Departmental Offices
Treasury Inspector General for Tax Administration
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$2,032,000, to remain available until expended, to be obligated from
amounts made available by Public Law 107-38.
Financial Crimes Enforcement Network
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$1,700,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
[[Page 115 STAT. 2333]]
Federal Law Enforcement Training Center
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$23,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
acquisition, construction, improvements and related expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Acquisition, Construction,
Improvements, and Related Expenses'', $8,500,000, to remain available
until expended, to be obligated from amounts made available in Public
Law 107-38: Provided, That, in order to expedite the acquisition of
architectural and engineering services for the construction of
facilities at the Cheltenham, Maryland, training facility, the Federal
Law Enforcement Training Center may procure such services without regard
to: (1) the competition requirements of section 303 of the Federal
Property and Administrative Services Act of 1949 (41 U.S.C. 253); (2)
the 6 percent fee limitation on such services set forth in section
304(b) of such Act (41 U.S.C. 254(b)); and (3) the procurement notice
requirements of section 18 of the Office of Federal Procurement Policy
Act (41 U.S.C. 416).
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$31,431,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38, of which $5,200,000 may be
used for necessary expenses of site acquisition, construction,
operations, maintenance and repair of the special purpose canine
training facilities in Front Royal, Virginia.
United States Customs Service
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
to meet requirements, including technology, along the Northern Border,
Southwest Border, and at critical seaports, $392,603,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38: Provided, That of such amount, $245,503,000 shall not
be available for obligation until 15 days after the United States
Customs Service submits to the Committees on Appropriations and the
Secretary of the Treasury a financial plan based upon a comprehensive
assessment of the most effective uses of the Service's resources,
including the funds provided in this Act, for protection along the
Northern Border, Southwest Border, and at critical seaports: Provided
further, <<NOTE: Notification.>> That the Secretary of the Treasury is
directed to review the activities proposed to be carried out with the
funds subject to the previous
[[Page 115 STAT. 2334]]
proviso and notify the Committees on Appropriations of the findings of
his review within 15 days of receipt of such plan.
operation, maintenance and procurement, air and marine interdiction
programs
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operation, Maintenance and
Procurement, Air and Marine Interdiction Programs'', $6,700,000, to
remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
Internal Revenue Service
processing, assistance, and management
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Processing, Assistance,
and Management'', $12,990,000, to remain available until expended, to be
obligated from amounts made available by Public Law 107-38.
tax law enforcement
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Tax Law Enforcement'',
$4,544,000, to remain available until expended, to be obligated from
amounts made available by Public Law 107-38.
information systems
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Information Systems'',
$15,991,000, to remain available until expended, to be obligated from
amounts made available by Public Law 107-38: Provided, That of these
amounts $13,548,000 is for a backup computer recovery system to be
designed and constructed in close coordination with the business systems
modernization effort of the Internal Revenue Service.
United States Secret Service
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$104,769,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
POSTAL SERVICE
Payment to the Postal Service Fund
For emergency expenses to the Postal Service Fund to enable the
Postal Service to protect postal employees and postal customers from
exposure to biohazardous material, to sanitize and screen the mail, and
to replace or repair Postal Service facilities destroyed or damaged in
New York City as a result of the September 11, 2001, terrorist attacks,
$500,000,000, to remain available until expended, to be obligated from
amounts made available in Public
[[Page 115 STAT. 2335]]
Law 107-38: Provided, That of the amounts appropriated, no funds shall
be obligated for the purpose of sanitizing and screening the mail until
the Postal Service submits to the Committees on Appropriations, the
House Committee on Government Reform, and the Senate Committee on
Governmental Affairs an emergency preparedness plan to combat the threat
of biological and chemical substances in the mail, including a plan for
expenditure of funds in support of the emergency preparedness plan.
EXECUTIVE OFFICE OF THE PRESIDENT
Office of Administration
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$50,040,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Federal Buildings Fund'',
$126,512,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
National Archives and Records Administration
operating expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operating Expenses'',
$1,600,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
repairs and restoration
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Repairs and Restoration'',
$1,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
GENERAL PROVISION, THIS CHAPTER
Sec. 1201. Section 652(c)(1) of Public Law 107-67 <<NOTE: 39 USC 416
and note.>> is amended by striking ``Section 414(c)'' and inserting
``Section 416(c)''.
[[Page 115 STAT. 2336]]
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
general operating expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``General operating
expenses'', $2,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Community Development
Fund'', $2,000,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That such funds shall be subject to the first through sixth provisos in
section 434 of Public Law 107-73: Provided further, That <<NOTE: New
York. Deadline.>> the State of New York, in conjunction with the City
of New York, shall, through the Lower Manhattan Redevelopment
Corporation (``the corporation''): (1) distribute the funds provided for
the ``Community Development Fund''; (2) within 45 days of enactment of
this Act, issue the initial criteria and requirements necessary to
accept applications from individuals, nonprofits, and small businesses
for economic losses from the September 11, 2001, terrorist attacks; and
(3) begin processing such applications: Provided further, That the
corporation shall expeditiously respond to any application from an
individual, nonprofit, or small business for economic losses under this
heading: Provided further, That of the total amount made available for
the ``Community Development Fund'', including amounts previously made
available by transfer pursuant to the fifth proviso of Public Law 107-
38, no less than $500,000,000 shall be made available for individuals,
nonprofits, or small businesses described in the prior three provisos,
with a limit of $500,000 per small business for economic losses:
Provided further, That amounts made available in the previous proviso
shall only be available for individuals, nonprofits, or small businesses
located in New York City in the area located on or south of West 14th
Street (west of its intersection with 5th Avenue), or on or south of
East 14th Street (east of its intersection with 5th Street): Provided
further, That, of the amount provided in this paragraph, $10,000,000
shall be used for a program to aid the travel and tourism industry in
New York City.
Management and Administration
office of inspector general
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Office of Inspector
General'', $1,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
[[Page 115 STAT. 2337]]
INDEPENDENT AGENCIES
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
national institute of environmental health sciences
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``National Institute of
Environmental Health Sciences'' for carrying out under current
authorities, worker training, research, and education activities,
$10,500,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Public Law 107-73 <<NOTE: Ante, p. 682.>> is amended under this
heading by adding ``and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986,'' after the words, ``as amended,''.
Environmental Protection Agency
science and technology
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and to support activities
related to countering terrorism, for ``Science and technology'',
$90,308,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
environmental programs and management
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and to support activities
related to countering terrorism, for ``Environmental programs and
management'', $39,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
hazardous substance superfund
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and to support activities
related to countering terrorism, for ``Hazardous substance superfund'',
$41,292,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
state and tribal assistance grants
For making grants for emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and to support
activities related to countering potential biological and chemical
threats to populations, for ``State and tribal assistance grants'',
$5,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
The referenced statement of the managers under this heading in
Public Law 107-73 is deemed to be amended by striking ``Florida
Department of Environmental Protection'' in reference to item number 92,
and inserting ``Southwest Florida Water Management District''; and by
striking ``Southeast'' in reference to item number 9, and inserting
``Southwest''.
[[Page 115 STAT. 2338]]
The referenced statement of the managers under this heading in
Public Law 106-377 is deemed to be amended by striking ``repairs to
water and sewer lines'' in reference to item number 171 and inserting
``water and wastewater infrastructure improvements''.
Federal Emergency Management Agency
disaster relief
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Disaster relief'',
$4,356,871,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$25,000,000 to remain available until expended, to be obligated from
amounts made available in Public Law 107-38 of which not less than
$10,000,000 shall be used to enhance the capabilities of the National
Security Division.
emergency management planning and assistance
(including transfer of funds)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Emergency management
planning and assistance'', $10,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-
38, which shall be available for support of the 2002 Winter Olympics.
For an additional amount for emergency expenses to respond to the
September 11, 2001, terrorist attacks on the United States and to
support activities related to countering terrorism, for ``Emergency
management planning and assistance'', $210,000,000, to remain available
until September 30, 2003, for programs as authorized by section 33 of
the Federal Fire Prevention and Control Act of 1974, as amended (15
U.S.C. 2201 et seq.), as in effect on December 7, 2001, to be obligated
from amounts made available in Public Law 107-38: Provided, That up to 5
percent of this amount shall be transferred to ``Salaries and Expenses''
for program administration.
National Aeronautics and Space Administration
human space flight
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Human space flight'',
$76,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
science, aeronautics and technology
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Science, aeronautics and
technology'', $32,500,000, to remain available until expended,
[[Page 115 STAT. 2339]]
to be obligated from amounts made available in Public Law 107-38.
National Science Foundation
research and related activities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Research and related
activities'', $300,000 to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
Sec. 1301. <<NOTE: Unity in the Spirit of America Act.>> (a) This
section may be cited as the ``Unity in the Spirit of America Act'' or
the ``USA Act''.
(b) <<NOTE: 42 USC 12501 note.>> The National and Community Service
Act of 1990 (42 U.S.C. 12501 et seq.) is amended by inserting before
title V the following:
``TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS
``SEC. 401. <<NOTE: 42 USC 12671.>> PROJECTS.
``(a) Definition.--In this section, the term `Foundation' means the
Points of Light Foundation funded under section 301, or another
nonprofit private organization, that enters into an agreement with the
Corporation to carry out this section.
``(b) Identification of Projects.--
``(1) <<NOTE: Deadline.>> Estimated number.--Not later than
March 1, 2002, the Foundation, after obtaining the guidance of
the heads of appropriate Federal agencies, such as the Director
of the Office of Homeland Security and the Attorney General,
shall--
``(A) make an estimate of the number of victims
killed as a result of the terrorist attacks on September
11, 2001 (referred to in this section as the `estimated
number'); and
``(B) <<NOTE: Records.>> compile a list that
specifies, for each individual that the Foundation
determines to be such a victim, the name of the victim
and the State in which the victim resided.
``(2) Identified projects.--The Foundation may identify
approximately the estimated number of community-based national
and community service projects that meet the requirements of
subsection (d). The Foundation may name projects in honor of
victims described in subsection (b)(1)(A), after obtaining the
permission of an appropriate member of the victim's family and
the entity carrying out the project.
``(c) Eligible Entities.--To be eligible to have a project named
under this section, the entity carrying out the project shall be a
political subdivision of a State, a business, a nonprofit organization
(which may be a religious organization), an Indian tribe, or an
institution of higher education.
``(d) Projects.--The Foundation shall name, under this section,
projects--
``(1) that advance the goals of unity, and improving the
quality of life in communities; and
[[Page 115 STAT. 2340]]
``(2) that will be planned, or for which implementation will
begin, within a reasonable period after the date of enactment of
the Unity in the Spirit of America Act, as determined by the
Foundation.
``(e) Website and Database.--The Foundation shall create and
maintain websites and databases, to describe projects named under this
section and serve as appropriate vehicles for recognizing the
projects.''.
Sec. 1302. Within funds previously appropriated as authorized under
the Native American Housing and Self Determination Act of 1996 (Public
Law 104-330, section 1(a); 110 Stat. 4016) and made available to Cook
Inlet Housing Authority, Cook Inlet Housing Authority may use up to
$9,500,000 of such funds to construct student housing for Native college
students, including an on-site computer lab and related study
facilities, and, notwithstanding any provision of such Act to the
contrary, Cook Inlet Housing Authority may use a portion of such funds
to establish a reserve fund and to provide for maintenance of the
project.
Sec. 1303. Of the amounts made available under both the heading
``Housing certificate fund'' and the heading ``Salaries and Expenses''
in title II of Public Law 107-73, not to exceed $11,300,000 shall be for
the recordation and liquidation of obligations and deficiencies incurred
in prior years in connection with the provision of technical assistance
authorized under section 514 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (``section 514''), and notwithstanding any
other provision of law, for new obligations for such technical
assistance: Provided, That of the $11,300,000 made available, up to
$1,300,000 shall be for reimbursement of vouchers submitted by section
514 grantees as of October 15, 2001: Provided further, That of the total
amount provided under the heading ``Salaries and Expenses'' in title II
of Public Law 107-73, $500,000 shall be made available from salaries and
expenses allocated to the Office of General Counsel and $1,000,000 shall
be made available from salaries and expenses allocated to the Office of
Multifamily Housing Assistance Restructuring in the Department of
Housing and Urban Development for new obligations for the provision of
technical assistance authorized under section 514: Provided further,
That of the $11,300,000 provided under this section, no more than
$10,000,000 shall be made available for new obligations for technical
assistance under section 514: Provided further, That from amounts made
available under this section, the Inspector General of the Department of
Housing and Urban Development (``HUD Inspector General'') shall audit
each provision of technical assistance obligated under the requirements
of section 514 over the last 4 years: Provided further, That to the
extent the HUD Inspector General determines that the use of any funding
for technical assistance does not meet the requirements of section 514,
the Secretary of Housing and Urban Development (``Secretary'') shall
recapture any such funds: Provided further, That no funds appropriated
under title II of Public Law 107-73 and subsequent appropriations acts
for the Department of Housing and Urban Development shall be made
available for 4 years to any entity (or any subsequent entity comprised
of significantly the same officers) that has been identified as having
violated the requirements of section 514 by the HUD Inspector General:
Provided further, That, notwithstanding any other provision of law, no
funding for technical assistance shall be available for carryover
[[Page 115 STAT. 2341]]
from any previous year: Provided further, That the recordation and
liquidation of obligations and deficiencies under this heading shall not
pardon or release an officer or employee of the United States Government
for an act or acts in violation of the Anti-deficiency Act (31 U.S.C.
1341): Provided further, That the Secretary shall implement the
provisions under this section in a manner that does not accelerate
outlays.
Sec. 1304. The referenced statement of the managers pertaining to
economic development initiatives under the heading ``Community
Development Fund'' in Public Law 107-73 is deemed to be amended by
striking ``Willacacy County Boys and Girls Club in Willacacy County,
Texas'' in reference to an appropriation for the Willacy County Boys and
Girls Club, and inserting ``Willacy County Boys and Girls Club in
Willacy County, Texas''; by striking ``Acres Home Community Development
Corporation'' in reference to an appropriation in Houston, Texas, and
inserting ``Old Acres Homes Citizens Council''; and by striking
``$250,000 to the Good Shepard School in Braddock, Pennsylvania for
facility renovation;'' in reference to an appropriation in Braddock,
Pennsylvania, and inserting ``$250,000 for facility renovation, of which
$50,000 is for the Good Shepard School in Braddock, Pennsylvania, and
$200,000 is for the Phipps Conservatory and Botanical Gardens in
Pittsburgh, Pennsylvania;''.
CHAPTER 14
GENERAL PROVISIONS, THIS DIVISION
Sec. 1401. Amounts which may be obligated pursuant to this division
are subject to the terms and conditions provided in Public Law 107-38.
Sec. 1402. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
Sec. 1403. Notwithstanding any other provision of law, of the funds
made available in this or any other Act, funds may be transferred to the
Department of Defense from an agency receiving National Guard services
related to homeland security to cover the costs of such services that
the agency incurred after the date of enactment of this Act:
Provided, <<NOTE: Expiration date.>> That such authority to transfer
shall expire on April 30, 2002: Provided
further, <<NOTE: Reports.>> That each agency receiving National Guard
services related to homeland security shall submit to the House and
Senate Committees on Appropriations a detailed report of the National
Guard's homeland defense activities and expenses incurred after the date
of enactment of this Act and planned for the remainder of fiscal year
2002 for that agency and any proposed transfers 15 days prior to such
transfers pursuant to this authority.
This division may be cited as the ``Emergency Supplemental Act,
2002''.
DIVISION C--SPENDING LIMITS AND BUDGETARY ALLOCATIONS FOR FISCAL YEAR
2002
Sec. 101. (a) Discretionary Spending Limits.--Section 251(c)(6) of
the Balanced Budget and Emergency Deficit Control Act of 1985
is <<NOTE: 2 USC 901.>> amended--
[[Page 115 STAT. 2342]]
(1) by striking subparagraph (A) and inserting the
following:
``(A) for the discretionary category:
$681,441,000,000 in new budget authority and
$670,206,000,000 in outlays;'';
(2) in subparagraph (C), by striking the second ``and''
after the semicolon; and
(3) in subparagraph (D), by striking ``$1,232,000,000'' and
inserting ``$1,473,000,000''.
(b) Revised Aggregates and Allocations.--Upon the enactment of this
section, the chairman of the Committee on the Budget of the House of
Representatives and the chairman of the Committee on the Budget of the
Senate shall each--
(1) revise the aggregate levels of new budget authority and
outlays for fiscal year 2002 set in sections 101(2) and 101(3)
of the concurrent resolution on the budget for fiscal year 2002
(H. Con. Res. 83, 107th Congress), to the extent necessary to
reflect the revised limits on discretionary budget authority and
outlays for fiscal year 2002 provided in subsection (a);
(2) revise allocations under section 302(a) of the
Congressional Budget Act of 1974 to the Committee on
Appropriations of their respective House as initially set forth
in the joint explanatory statement of managers accompanying the
conference report on that concurrent resolution, to the extent
necessary to reflect the revised limits on discretionary budget
authority and outlays for fiscal year 2002 provided in
subsection (a); and
(3) <<NOTE: Congressional Record.>> publish those revised
aggregates and allocations in the Congressional Record.
(c) Repeal of Section 203 of Budget Resolution for Fiscal Year
2002.--Section 203 of the concurrent resolution on the budget for fiscal
year 2002 (H. Con. Res. 83, 107th Congress) is repealed.
(d) Adjustments.--If, for fiscal year 2002, the amount of new budget
authority provided in appropriation Acts exceeds the discretionary
spending limit on new budget authority for any category due to technical
estimates made by the Director of the Office of Management and Budget,
the Director shall make an adjustment equal to the amount of the excess,
but not to exceed an amount equal to 0.12 percent of the sum of the
adjusted discretionary limits on new budget authority for all categories
for fiscal year 2002.
Sec. 102. <<NOTE: 2 USC 902 note.>> Pay-As-You-Go Adjustment.--In
preparing the final sequestration report for fiscal year 2002 required
by section 254(f)(3) of the Balanced Budget and Emergency Deficit
Control Act of 1985, the Director of the Office of Management and Budget
shall change any balance of direct spending and receipts legislation for
fiscal years 2001 and 2002 under section 252 of that Act to zero.
Sec. 103. <<NOTE: President. Reports.>> When the President submits a
budget of the United States Government under section 1105(a) of title
31, United States Code, for fiscal year 2003, he shall submit a report
to the Congress that identifies any emergency-designated funding
(pursuant to section 251(b)(2)(A) or section 252(e) of the Balanced
Budget and Emergency Deficit Control Act of 1985) in legislation enacted
after September 11, 2001, and before such submission in response to the
events of September 11, 2001, that is of an ongoing and recurring
nature.
[[Page 115 STAT. 2343]]
Sec. 104. (a) The section 302(a) allocations, as adjusted pursuant
to section 101(b), shall be deemed to be allocations set forth in the
joint explanatory statement of managers accompanying the concurrent
resolution on the budget for fiscal year 2002 for all purposes under
titles III and IV of the Congressional Budget Act of 1974.
(b) Repealer.--Section 221(d)(2) of the concurrent resolution on the
budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 1st
session) is repealed.
DIVISION D--MISCELLANEOUS PROVISIONS
TITLE <<NOTE: Homestake Mine Conveyance Act of 2001. South
Dakota. California.>> I--CONVEYANCE OF HOMESTAKE MINE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Homestake Mine Conveyance Act of
2001''.
SEC. 102. FINDINGS.
Congress finds the following:
(1) The United States is among the leading nations in the
world in conducting basic scientific research.
(2) That leadership position strengthens the economy and
national defense of the United States and provides other
important benefits.
(3) The Homestake Mine in Lead, South Dakota, owned by the
Homestake Mining Company of California, is approximately 8,000
feet deep and is situated in a unique physical setting that is
ideal for carrying out certain types of particle physics and
other research.
(4) The Mine has been selected by the National Underground
Science Laboratory Committee, an independent panel of
distinguished scientists, as the preferred site for the
construction of the National Underground Science Laboratory.
(5) Such a laboratory would be used to conduct scientific
research that would be funded and recognized as significant by
the United States.
(6) The establishment of the laboratory is in the national
interest and would substantially improve the capability of the
United States to conduct important scientific research.
(7) For economic reasons, Homestake intends to cease
operations at the Mine in 2001.
(8) On cessation of operations of the Mine, Homestake
intends to implement reclamation actions that would preclude the
establishment of a laboratory at the Mine.
(9) Homestake has advised the State that, after cessation of
operations at the Mine, instead of closing the entire Mine,
Homestake is willing to donate the underground portion of the
Mine and certain other real and personal property of substantial
value at the Mine for use as the National Underground Science
Laboratory.
(10) Use of the Mine as the site for the laboratory, instead
of other locations under consideration, would result in a
savings of millions of dollars for the Federal Government.
[[Page 115 STAT. 2344]]
(11) If the Mine is selected as the site for the laboratory,
it is essential that closure of the Mine not preclude the
location of the laboratory at the Mine.
(12) Homestake is unwilling to donate, and the State is
unwilling to accept, the property at the Mine for the laboratory
if Homestake and the State would continue to have potential
liability with respect to the transferred property.
(13) To secure the use of the Mine as the location for the
laboratory and to realize the benefits of the proposed
laboratory it is necessary for the United States to--
(A) assume a portion of any potential future
liability of Homestake concerning the Mine; and
(B) address potential liability associated with the
operation of the laboratory.
SEC. 103. DEFINITIONS.
In this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Affiliate.--
(A) In general.--The term ``affiliate'' means any
corporation or other person that controls, is controlled
by, or is under common control with Homestake.
(B) Inclusions.--The term ``affiliate'' includes a
director, officer, or employee of an affiliate.
(3) Conveyance.--The term ``conveyance'' means the
conveyance of the Mine to the State under section 104(a).
(4) Fund.--The term ``Fund'' means the Environment and
Project Trust Fund established under section 108.
(5) Homestake.--
(A) In general.--The term ``Homestake'' means the
Homestake Mining Company of California, a California
corporation.
(B) Inclusion.--The term ``Homestake'' includes--
(i) a director, officer, or employee of
Homestake;
(ii) an affiliate of Homestake; and
(iii) any successor of Homestake or successor
to the interest of Homestake in the Mine.
(6) Independent entity.--The term ``independent entity''
means an independent entity selected jointly by Homestake, the
South Dakota Department of Environment and Natural Resources,
and the Administrator--
(A) to conduct a due diligence inspection under
section 104(b)(2)(A); and
(B) to determine the fair value of the Mine under
section 105(a).
(7) Indian tribe.--The term ``Indian tribe'' has the meaning
given the term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
(8) Laboratory.--
(A) In general.--The term ``laboratory'' means the
national underground science laboratory proposed to be
established at the Mine after the conveyance.
(B) Inclusion.--The term ``laboratory'' includes
operating and support facilities of the laboratory.
(9) Mine.--
[[Page 115 STAT. 2345]]
(A) In general.--The term ``Mine'' means the portion
of the Homestake Mine in Lawrence County, South Dakota,
proposed to be conveyed to the State for the
establishment and operation of the laboratory.
(B) Inclusions.--The term ``Mine'' includes--
(i) real property, mineral and oil and gas
rights, shafts, tunnels, structures, backfill,
broken rock, fixtures, facilities, and personal
property to be conveyed for establishment and
operation of the laboratory, as agreed upon by
Homestake and the State; and
(ii) any water that flows into the Mine from
any source.
(C) Exclusions.--The term ``Mine'' does not
include--
(i) the feature known as the ``Open Cut'';
(ii) any tailings or tailings storage facility
(other than backfill in the portion of the Mine
described in subparagraph (A)); or
(iii) any waste rock or any site used for the
dumping of waste rock (other than broken rock in
the portion of the Mine described in subparagraph
(A)).
(10) Person.--The term ``person'' means--
(A) an individual;
(B) a trust, firm, joint stock company, corporation
(including a government corporation), partnership,
association, limited liability company, or any other
type of business entity;
(C) a State or political subdivision of a State;
(D) a foreign governmental entity;
(E) an Indian tribe; and
(F) any department, agency, or instrumentality of
the United States.
(11) Project sponsor.--The term ``project sponsor'' means an
entity that manages or pays the costs of one or more projects
that are carried out or proposed to be carried out at the
laboratory.
(12) Scientific advisory board.--The term ``Scientific
Advisory Board'' means the entity designated in the management
plan of the laboratory to provide scientific oversight for the
operation of the laboratory.
(13) State.--
(A) In general.--The term ``State'' means the State
of South Dakota.
(B) Inclusions.--The term ``State'' includes an
institution, agency, officer, or employee of the State.
SEC. 104. CONVEYANCE OF REAL PROPERTY.
(a) In General.--
(1) Delivery of documents.--Subject to paragraph (2) and
subsection (b) and notwithstanding any other provision of law,
on the execution and delivery by Homestake of one or more
quitclaim deeds or bills of sale conveying to the State all
right, title, and interest of Homestake in and to the Mine,
title to the Mine shall pass from Homestake to the State.
(2) Condition of mine on conveyance.--The Mine shall be
conveyed as is, with no representations as to the condition of
the property.
[[Page 115 STAT. 2346]]
(b) Requirements for Conveyance.--
(1) In general.--The Administrator's acceptance of the final
report or certification of the independent entity under
paragraph (4) is a condition precedent of the conveyance and of
the assumption of liability by the United States in accordance
with this title.
(2) Due diligence inspection.--
(A) In general.--As a condition precedent of
conveyance and of Federal participation described in
this title, Homestake shall permit an independent entity
to conduct a due diligence inspection of the Mine to
determine whether any condition of the Mine may present
an imminent and substantial endangerment to public
health or the environment.
(B) Consultation.--As a condition precedent of the
conduct of a due diligence inspection, the
Administrator, in consultation with Homestake, the South
Dakota Department of Environment and Natural Resources,
and the independent entity, shall define the methodology
and standards to be used, and other factors to be
considered, by the independent entity in--
(i) the conduct of the due diligence
inspection;
(ii) the scope of the due diligence
inspection; and
(iii) the time and duration of the due
diligence inspection.
(C) Participation by homestake.--Nothing in this
paragraph requires Homestake to participate in the
conduct of the due diligence inspection.
(3) Report to the administrator.--
(A) In general.--The independent entity shall submit
to the Administrator a report that--
(i) describes the results of the due diligence
inspection under paragraph (2); and
(ii) identifies any condition of or in the
Mine that may present an imminent and substantial
endangerment to public health or the environment.
(B) Procedure.--
(i) Draft report.--Before finalizing the
report under this paragraph, the independent
entity shall--
(I) issue a draft report;
(II) submit to the Administrator,
Homestake, and the State a copy of the
draft report;
(III) <<NOTE: Notice.>> issue a
public notice requesting comments on the
draft report that requires all such
comments to be filed not later than 45
days after issuance of the public
notice; and
(IV) during that 45-day public
comment period, conduct at least one
public hearing in Lead, South Dakota, to
receive comments on the draft report.
(ii) Final report.--In the final report
submitted to the Administrator under this
paragraph, the independent entity shall respond
to, and incorporate necessary changes suggested
by, the comments received on the draft report.
(4) Review and approval by administrator.--
[[Page 115 STAT. 2347]]
(A) <<NOTE: Deadline.>> In general.--Not later than
60 days after receiving the final report under paragraph
(3), the Administrator shall--
(i) review the report; and
(ii) <<NOTE: Notification.>> notify the State
in writing of acceptance or rejection of the final
report.
(B) Conditions for rejection.--The Administrator may
reject the final report if the report discloses one or
more conditions that--
(i) as determined by the Administrator, may
present an imminent and substantial endangerment
to the public health or the environment and
require a response action; or
(ii) otherwise make the conveyance in section
104, or the assumption of liability, the release
of liability, or the indemnification in section
106 contrary to the public interest.
(C) Response actions and certification.--
(i) Response actions.--
(I) In general.--If the
Administrator rejects the final report,
Homestake may carry out or bear the cost
of, or permit the State or another
person to carry out or bear the cost of,
such response actions as are necessary
to correct any condition identified by
the Administrator under subparagraph
(B)(i) that may present an imminent and
substantial endangerment to public
health or the environment.
(II) Long-term response actions.--
(aa) In general.--In a case
in which the Administrator
determines that a condition
identified by the Administrator
under subparagraph (B)(i)
requires continuing response
action, or response action that
can be completed only as part of
the final closure of the
laboratory, it shall be a
condition of conveyance that
Homestake, the State, or another
person deposit into the Fund
such amount as is estimated by
the independent entity, on a net
present value basis and after
taking into account estimated
interest on that basis to be
sufficient to pay the costs of
the long-term response action or
the response action that will be
completed as part of the final
closure of the laboratory.
(bb) Limitation on use of
funds.--None of the funds
deposited into the Fund under
item (aa) shall be expended for
any purpose other than to pay
the costs of the long-term
response action, or the response
action that will be completed as
part of the final closure of the
Mine, identified under that
item.
(ii) Contribution by homestake.--The total
amount that Homestake may expend, pay, or deposit
into the Fund under subclauses (I) and (II) of
clause (i) shall not exceed--
(I) $75,000,000; less
[[Page 115 STAT. 2348]]
(II) the fair value of the Mine as
determined under section 105(a).
(iii) Certification.--
(I) In general.--After any response
actions described in clause (i)(I) are
carried out and any required funds are
deposited under clause (i)(II), the
independent entity may certify to the
Administrator that the conditions for
rejection identified by the
Administrator under subparagraph (B)
have been corrected.
(II) Acceptance or rejection of
certification.--
Not <<NOTE: Deadline.>> later than 60
days after an independent entity makes a
certification under subclause (I), the
Administrator shall accept or reject the
certification.
(c) Review of Conveyance.--For the purposes of the conveyance, the
requirements of this section shall be considered to be sufficient to
meet any requirement of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
SEC. 105. ASSESSMENT OF PROPERTY.
(a) Valuation of Property.--The independent entity shall assess the
fair value of the Mine.
(b) Fair Value.--For the purposes of this section, the fair value of
the Mine shall be the fair market value as determined by an appraisal in
conformance with the Uniform Appraisal Standards for Federal Land
Acquisition. To the extent appraised items only have value to the
Federal Government for the purpose of constructing the laboratory, the
appraiser shall also add to the assessment of fair value the estimated
cost of replacing the shafts, winzes, hoists, tunnels, ventilation
system and other equipment and improvements at the Mine that are
expected to be used at, or that will be useful to, the laboratory.
(c) <<NOTE: Deadline.>> Report.--Not later than the date on which
each report developed in accordance with section 104(b)(3) is submitted
to the Administrator, the independent entity described in subsection (a)
shall submit to the State a report that identifies the fair value
assessed under subsection (a).
SEC. 106. LIABILITY.
(a) Assumption of Liability.--
(1) Assumption.--Subject to paragraph (2), notwithstanding
any other provision of law, on completion of the conveyance in
accordance with this title, the United States shall assume any
and all liability relating to the Mine and laboratory, including
liability for--
(A) damages;
(B) reclamation;
(C) the costs of response to any hazardous substance
(as defined in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601)), contaminant, or other
material on, under, or relating to the Mine and
laboratory; and
(D) closure of the Mine and laboratory.
(2) Claims against united states.--In the case of any claim
brought against the United States, the United States shall be
liable for--
[[Page 115 STAT. 2349]]
(A) damages under paragraph (1)(A), only to the
extent that an award of damages is made in a civil
action brought under chapter 171 of title 28, United
States Code, notwithstanding that the act or omission
giving rise to the claim was not committed by an
employee of the United States; and
(B) response costs under paragraph (1)(C), only to
the extent that an award of response costs is made in a
civil action brought under--
(i) the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C.
6901 et seq.);
(iii) the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601 et seq.); or
(iv) any other applicable Federal
environmental law, as determined by the
Administrator.
(b) Liability Protection.--On completion of the conveyance, neither
Homestake nor the State shall be liable to any person or the United
States for injuries, costs, injunctive relief, reclamation, damages
(including damages to natural resources or the environment), or
expenses, or liable under any other claim (including claims for
indemnification or contribution, claims by third parties for death,
personal injury, illness, or loss of or damage to property, or claims
for economic loss), under any law (including a regulation) for any claim
arising out of or in connection with contamination, pollution, or other
condition, use, or closure of the Mine and laboratory, regardless of
when a condition giving rise to the liability originated or was
discovered.
(c) Indemnification.--Notwithstanding any other provision of law, on
completion of the conveyance in accordance with this title, the United
States shall indemnify, defend, and hold harmless Homestake and the
State from and against--
(1) any and all liabilities and claims described in
subsection (a), without regard to any limitation under
subsection (a)(2); and
(2) any and all liabilities and claims described in
subsection (b).
(d) Waiver of Sovereign Immunity.--For purposes of this title, the
United States waives any claim to sovereign immunity with respect to any
claim of Homestake or the State under this title.
(e) Timing for Assumption of Liability.--If the conveyance is
effectuated by more than one legal transaction, the assumption of
liability, liability protection, indemnification, and waiver of
sovereign immunity provided for under this section shall apply to each
legal transaction, as of the date on which the transaction is completed
and with respect to such portion of the Mine as is conveyed under that
transaction.
(f) Exceptions for Certain Claims.--Nothing in this section
constitutes an assumption of liability by the United States, or relief
of liability of Homestake, for--
(1) any unemployment, worker's compensation, or other
employment-related claim or cause of action of an employee of
Homestake that arose before the date of conveyance;
[[Page 115 STAT. 2350]]
(2) any claim or cause of action that arose before the date
of conveyance, other than claims relating to environmental
response costs or natural resource damages; or
(3) any violation of any provision of criminal law.
(g) Exception for Off-Site Environmental Claims.--Nothing in this
title constitutes an assumption of liability by the United States,
relief of liability for Homestake, or obligation to indemnify Homestake,
for any claim, injury, damage, liability, or reclamation or cleanup
obligation with respect to any property or asset that is not conveyed
under this title, except to the extent that any such claim, injury,
damage, liability, or reclamation or cleanup obligation is based on
activities or events at the Mine subsequent to the date of conveyance.
SEC. 107. INSURANCE COVERAGE.
(a) Property and Liability Insurance.--
(1) In general.--To the extent property and liability
insurance is available and subject to the requirements described
in paragraph (2), the State shall purchase property and
liability insurance for the Mine and the operation of the
laboratory to provide coverage against the liability described
in subsections (a) and (b) of section 106.
(2) Requirements.--The requirements referred to in paragraph
(1) are the following:
(A) Terms of insurance.--In determining the type,
extent of coverage, and policy limits of insurance
purchased under this subsection, the State shall--
(i) periodically consult with the
Administrator and the Scientific Advisory Board;
and
(ii) consider certain factors, including--
(I) the nature of the projects and
experiments being conducted in the
laboratory;
(II) the availability and cost of
commercial insurance; and
(III) the amount of funding
available to purchase commercial
insurance.
(B) Additional terms.--The insurance purchased by
the State under this subsection may provide coverage
that is--
(i) secondary to the insurance purchased by
project sponsors; and
(ii) in excess of amounts available in the
Fund to pay any claim.
(3) Financing of insurance purchase.--
(A) In general.--Subject to section 108, the State
may finance the purchase of insurance required under
this subsection by using--
(i) funds made available from the Fund; and
(ii) such other funds as are received by the
State for the purchase of insurance for the Mine
and laboratory.
(B) No requirement to use state funds.--Nothing in
this title requires the State to use State funds to
purchase insurance required under this subsection.
(4) Additional insured.--Any insurance purchased by the
State under this subsection shall--
[[Page 115 STAT. 2351]]
(A) name the United States as an additional insured;
or
(B) otherwise provide that the United States is a
beneficiary of the insurance policy having the primary
right to enforce all rights of the United States under
the policy.
(5) Termination of obligation to purchase insurance.--The
obligation of the State to purchase insurance under this
subsection shall terminate on the date on which--
(A) the Mine ceases to be used as a laboratory; or
(B) sufficient funding ceases to be available for
the operation and maintenance of the Mine or laboratory.
(b) Project Insurance.--
(1) In general.--The State, in consultation with the
Administrator and the Scientific Advisory Board, may require, as
a condition of approval of a project for the laboratory, that a
project sponsor provide property and liability insurance or
other applicable coverage for potential liability associated
with the project described in subsections (a) and (b) of section
106.
(2) Additional insured.--Any insurance obtained by the
project sponsor under this section shall--
(A) name the State and the United States as
additional insureds; or
(B) otherwise provide that the State and the United
States are beneficiaries of the insurance policy having
the primary right to enforce all rights under the
policy.
(c) State Insurance.--
(1) In general.--To the extent required by State law, the
State shall purchase, with respect to the operation of the Mine
and the laboratory--
(A) unemployment compensation insurance; and
(B) worker's compensation insurance.
(2) Prohibition on use of funds from fund.--A State shall
not use funds from the Fund to carry out paragraph (1).
SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.
(a) Establishment.--On completion of the conveyance, the State shall
establish, in an interest-bearing account at an accredited financial
institution located within the State, the Environment and Project Trust
Fund.
(b) Amounts.--The Fund shall consist of--
(1) an annual deposit from the operation and maintenance
funding provided for the laboratory in an amount to be
determined--
(A) by the State, in consultation with the
Administrator and the Scientific Advisory Board; and
(B) after taking into consideration--
(i) the nature of the projects and experiments
being conducted at the laboratory;
(ii) available amounts in the Fund;
(iii) any pending costs or claims that may be
required to be paid out of the Fund; and
(iv) the amount of funding required for future
actions associated with the closure of the
facility;
(2) an amount determined by the State, in consultation with
the Administrator and the Scientific Advisory Board, and
[[Page 115 STAT. 2352]]
to be paid by the appropriate project sponsor, for each project
to be conducted, which amount--
(A) shall be used to pay--
(i) costs incurred in removing from the Mine
or laboratory equipment or other materials related
to the project;
(ii) claims arising out of or in connection
with the project; and
(iii) if any portion of the amount remains
after paying the expenses described in clauses (i)
and (ii), other costs described in subsection (c);
and
(B) may, at the discretion of the State, be
assessed--
(i) annually; or
(ii) in a lump sum as a prerequisite to the
approval of the project;
(3) interest earned on amounts in the Fund, which amount of
interest shall be used only for a purpose described in
subsection (c); and
(4) all other funds received and designated by the State for
deposit in the Fund.
(c) Expenditures From Fund.--Amounts in the Fund shall be used only
for the purposes of funding--
(1) waste and hazardous substance removal or remediation, or
other environmental cleanup at the Mine;
(2) removal of equipment and material no longer used, or
necessary for use, in conjunction with a project conducted at
the laboratory;
(3) a claim arising out of or in connection with the
conducting of such a project;
(4) purchases of insurance by the State as required under
section 107;
(5) payments for and other costs relating to liability
described in section 106; and
(6) closure of the Mine and laboratory.
(d) Federal Payments From Fund.--The United States--
(1) to the extent the United States assumes liability under
section 106--
(A) shall be a beneficiary of the Fund; and
(B) may direct that amounts in the Fund be applied
to pay amounts and costs described in this section; and
(2) may take action to enforce the right of the United
States to receive one or more payments from the Fund.
(e) No Requirement of Deposit of Public Funds.--Nothing in this
section requires the State to deposit State funds as a condition of the
assumption by the United States of liability, or the relief of the State
or Homestake from liability, under section 106.
SEC. 109. WASTE ROCK MIXING.
After completion of the conveyance, the State shall obtain the
approval of the Administrator before disposing of any material quantity
of laboratory waste rock if--
(1) the disposal site is on land not conveyed under this
title; and
(2) the State determines that the disposal could result in
commingling of laboratory waste rock with waste rock disposed of
by Homestake before the date of conveyance.
[[Page 115 STAT. 2353]]
SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.
After the conveyance, nothing in this title exempts the laboratory
from compliance with any law (including a Federal environmental law).
SEC. 111. CONTINGENCY.
This title shall be effective contingent on approval by the National
Science Board and the making of an award by the National Science
Foundation for the establishment of the laboratory at the Mine.
SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.
If the conveyance under this title does not occur, any obligation of
Homestake relating to the Mine shall be limited to such reclamation or
remediation as is required under any applicable law other than this
title.
SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.
The United States may seek payment--
(1) from the Fund, under section 108(d), to pay or reimburse
the United States for amounts payable or liabilities incurred
under this title; and
(2) from available insurance, to pay or reimburse the United
States and the Fund for amounts payable or liabilities incurred
under this title.
SEC. 114. CONSENT DECREES.
Nothing in this title affects any obligation of a party under--
(1) the 1990 Remedial Action Consent Decree (Civ. No. 90-
5101 D. S.D.); or
(2) the 1999 Natural Resource Damage Consent Decree (Civ.
Nos. 97-5078 and 97-5100, D. S.D.).
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
SEC. 116. CONGRESSIONAL BUDGET ACT.
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set
forth in the joint explanatory statement of the committee of conference
accompanying Conference Report 105-217, the provisions of this title
that would have been estimated by the Office of Management and Budget as
changing direct spending or receipts under section 252 of the Balanced
Budget and Emergency Deficit Control Act of 1985 were it included in an
Act other than an appropriations Act shall be treated as direct spending
or receipts legislation, as appropriate, under section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985, and by the
Chairmen of the House and Senate Budget Committees, as appropriate,
under the Congressional Budget Act.
TITLE II--GENERAL PROVISION, THIS DIVISION
Sec. 201. Trustees of the John F. Kennedy Center for the Performing
Arts. (a) Membership.--Section 2(a) of the John F. Kennedy Center Act
(20 U.S.C. 76h(a)) is amended--
(1) by striking ``There is hereby'' and inserting the
following:
``(1) In general.--There is''; and
[[Page 115 STAT. 2354]]
(2) by striking the second sentence and inserting the
following:
``(2) Membership.--The Board shall be composed of--
``(A) the Secretary of Health and Human Services;
``(B) the Librarian of Congress;
``(C) the Secretary of State;
``(D) the Chairman of the Commission of Fine Arts;
``(E) the Mayor of the District of Columbia;
``(F) the Superintendent of Schools of the District
of Columbia;
``(G) the Director of the National Park Service;
``(H) the Secretary of Education;
``(I) the Secretary of the Smithsonian Institution;
``(J)(i) the Speaker and the Minority Leader of the
House of Representatives;
``(ii) the chairman and ranking minority member of
the Committee on Public Works and Transportation of the
House of Representatives; and
``(iii) three additional Members of the House of
Representatives appointed by the Speaker of the House of
Representatives;
``(K)(i) the Majority Leader and the Minority Leader
of the Senate;
``(ii) the chairman and ranking minority member of
the Committee on Environment and Public Works of the
Senate; and
``(iii) three additional Members of the Senate
appointed by the President of the Senate; and
``(L) thirty-six general trustees, who shall be
citizens of the United States, to be appointed in
accordance with subsection (b).''.
(b) <<NOTE: Applicability. 20 USC 76h note.>> Terms of Office for
New General Trustees.--Section 2(b) of the John F. Kennedy Center Act
(20 U.S.C. 76h(b)) shall apply to each general trustee of the John F.
Kennedy Center for the Performing Arts whose position is established by
the amendment made by subsection (a)(2) (referred to in this subsection
as a ``new general trustee''), except that the initial term of office of
each new general trustee shall--
(1) <<NOTE: Effective date. President.>> commence on the
date on which the new general trustee is appointed by the
President; and
(2) <<NOTE: Termination date.>> terminate on September 1,
2007.
[[Page 115 STAT. 2355]]
This Act may be cited as the ``Department of Defense and Emergency
Supplemental Appropriations for Recovery from and Response to Terrorist
Attacks on the United States Act, 2002''.
Approved January 10, 2002.
LEGISLATIVE HISTORY--H.R. 3338:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-298 (Comm. on Appropriations) and 107-350
(Comm. of Conference).
SENATE REPORTS: No. 107-109 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 147 (2001):
Nov. 28, considered and passed House.
Dec. 6, 7, considered and passed Senate, amended.
Dec. 20, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Jan. 10, Presidential remarks and statement.
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