# Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002/Division B/Chapter 3
## 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
#### SEC. 301.

(including transfer of funds)
    Amounts available in the `Defense Emergency Response Fund' (the `Fund') shall be available for the purposes set forth in the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107-38): Provided, That the Fund may be used to reimburse other appropriations or funds of the Department of Defense, including activities of the National Foreign Intelligence Program funded in defense appropriations acts, only for costs incurred for such purposes on or after September 11, 2001: Provided further, That the Fund may be used to liquidate obligations incurred by the Department of Defense under the authorities in section 3732 of the Revised Statutes (41 U.S.C. 11; popularly known as the `Food and Forage Act') for any costs incurred for such purposes between September 11 and September 30, 2001: Provided further, That the Secretary of Defense may transfer to the Fund amounts from any current appropriation made available in defense appropriations acts, only for the purpose of adjusting and liquidating obligations properly chargeable to the Fund: Provided further, That the authority granted in the preceding proviso shall only be exercised after the Secretary of Defense makes a determination that amounts in the Fund are insufficient to liquidate obligations made using appropriations in the Fund, and not prior to 30 days after notifying the congressional defense committees in writing regarding each proposed transfer of funds: Provided further, That in order to carry out the specified purposes under this heading, the Secretary of Defense may transfer funds from the Fund to any defense appropriation account enacted in appropriations acts, including `Support for International Sporting Competitions, Defense': Provided further, That the funds transferred shall be merged with and shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of Defense: Provided further, That within 30 days of enactment of this Act, and quarterly thereafter, the Secretary of Defense and the Director of Central Intelligence shall each provide to the Congress a report (in unclassified and classified form, as needed) specifying the projects and accounts to which funds provided in this chapter are to be transferred.

#### SEC. 302.

    Amounts in the appropriation account `Support for International Sporting Competitions, Defense', may be used to support essential security and safety for the 2002 Winter Olympic Games in Salt Lake City, Utah, without the certification required under subsection 10 U.S.C. 2564(a): Provided, That the term `active duty', in section 5802 of Public Law 104-208 shall include State active duty and full-time National Guard duty performed by members of the Army National Guard and Air National Guard in connection with providing essential security and safety support to the 2002 Winter Olympic 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.

#### SEC. 305.

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

#### SEC. 306.

(transfer of funds)
    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, 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 such authority to transfer shall expire on April 30, 2002.

#### SEC. 307.

    During fiscal year 2002 the President, acting by and with the consent of the Senate, is authorized to appoint a commissioned officer of the Armed Forces, in active status, to the Office of Deputy Administrator of the National Aeronautics and Space Administration notwithstanding section 202(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)). If so appointed, the provisions of section 403(c)(3), (4), and (5) of title 50, United States Code, shall be applicable while the commissioned officer serves as Deputy Administrator in the same manner and extent as if the officer was serving in a position specified in section 403(c) of title 50, United States Code, except that the officer's military pay and allowances shall be reimbursed from funds available to the National Aeronautics and Space Administration.