" ! HOUSE OF REPRESENTATIVES 107TH CONGRESS

1st Session

REPORT

107–350

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR

ENDING SEPTEMBER 30, 2002, AND FOR

OTHER PURPOSES

CONFERENCE REPORT

TO ACCOMPANY

H.R. 3338

DECEMBER 19, 2001.—Ordered to be printed

ATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR

NG SEPTEMBER 30, 2002, AND FOR OTHER PURPOSES

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1

76–736

" ! HOUSE OF REPRESENTATIVES 107TH CONGRESS

1st Session

REPORT

2002

107–350

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR

ENDING SEPTEMBER 30, 2002, AND FOR

OTHER PURPOSES

CONFERENCE REPORT

TO ACCOMPANY

H.R. 3338

DECEMBER 19, 2001.—Ordered to be printed

107TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 107–350

MAKING APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE FOR THE FISCAL YEAR ENDING SEPTEMBER 30,

2002, AND FOR OTHER PURPOSES

DECEMBER 19, 2001.—Ordered to be printed

Mr. LEWIS of California, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany H.R. 3338]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the Senate to the bill (H.R. 3338)

‘‘making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes’’, having met, after full and free conference, have agreed to recommend

and do recommend to their respective Houses as follows:

That the House recede from its disagreement to the amendment of the Senate, and agree to the same with an amendment, as

follows:

In lieu of the matter stricken and inserted by said amendment,

insert:

That the following sums are appropriated, out of any money in

the Treasury not otherwise appropriated, for the fiscal year ending

September 30, 2002, for military functions administered by the Department of Defense, and for other purposes, namely:

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS,

2002

TITLE I

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

2

for members of the Army on active duty (except members of reserve

components provided for elsewhere), cadets, and aviation cadets;

and for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), and to the Department of Defense

Military Retirement Fund, $23,752,384,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and

for payments pursuant to section 156 of Public Law 97–377, as

amended (42 U.S.C. 402 note), and to the Department of Defense

Military Retirement Fund, $19,551,484,000.

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

for members of the Marine Corps on active duty (except members of

the Reserve provided for elsewhere); and for payments pursuant to

section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note),

and to the Department of Defense Military Retirement Fund,

$7,345,340,000.

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations,

for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; and for payments pursuant to section 156 of Public Law 97–

377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $19,724,014,000.

RESERVE PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army Reserve on active

duty under sections 10211, 10302, and 3038 of title 10, United

States Code, or while serving on active duty under section 12301(d)

of title 10, United States Code, in connection with performing duty

specified in section 12310(a) of title 10, United States Code, or while

undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Reserve Officers’

Training Corps, and expenses authorized by section 16131 of title

10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,670,197,000.

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RESERVE PERSONNEL, NAVY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Navy Reserve on active

duty under section 10211 of title 10, United States Code, or while

serving on active duty under section 12301(d) of title 10, United

States Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing reserve

training, or while performing drills or equivalent duty, and for

members of the Reserve Officers’ Training Corps, and expenses authorized by section 16131 of title 10, United States Code; and for

payments to the Department of Defense Military Retirement Fund,

$1,654,523,000.

RESERVE PERSONNEL, MARINE CORPS

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Marine Corps Reserve on

active duty under section 10211 of title 10, United States Code, or

while serving on active duty under section 12301(d) of title 10,

United States Code, in connection with performing duty specified in

section 12310(a) of title 10, United States Code, or while undergoing

reserve training, or while performing drills or equivalent duty, and

for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code;

and for payments to the Department of Defense Military Retirement

Fund, $471,200,000.

RESERVE PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air Force Reserve on active

duty under sections 10211, 10305, and 8038 of title 10, United

States Code, or while serving on active duty under section 12301(d)

of title 10, United States Code, in connection with performing duty

specified in section 12310(a) of title 10, United States Code, or while

undergoing reserve training, or while performing drills or equivalent duty or other duty, and for members of the Air Reserve Officers’

Training Corps, and expenses authorized by section 16131 of title

10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,061,160,000.

NATIONAL GUARD PERSONNEL, ARMY

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Army National Guard

while on duty under section 10211, 10302, or 12402 of title 10 or

section 708 of title 32, United States Code, or while serving on duty

under section 12301(d) of title 10 or section 502(f ) of title 32, United

States Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and

expenses authorized by section 16131 of title 10, United States Code;

and for payments to the Department of Defense Military Retirement

Fund, $4,041,695,000.

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NATIONAL GUARD PERSONNEL, AIR FORCE

For pay, allowances, clothing, subsistence, gratuities, travel,

and related expenses for personnel of the Air National Guard on

duty under section 10211, 10305, or 12402 of title 10 or section 708

of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f ) of title 32, United States

Code, in connection with performing duty specified in section

12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and

expenses authorized by section 16131 of title 10, United States Code;

and for payments to the Department of Defense Military Retirement

Fund, $1,784,654,000.

TITLE II

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not

to exceed $10,794,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the

Secretary of the Army, and payments may be made on his certificate

of necessity for confidential military purposes, $22,335,074,000: Provided, That of the funds made available under this heading,

$1,000,000, to remain available until expended, shall be transferred

to ‘‘National Park Service—Construction’’ within 30 days of the enactment of this Act, only for necessary infrastructure repair improvements at Fort Baker, under the management of the Golden

Gate Recreation Area: Provided further, That of the funds appropriated in this paragraph, not less than $355,000,000 shall be made

available only for conventional ammunition care and maintenance.

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $6,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval

or authority of the Secretary of the Navy, and payments may be

made on his certificate of necessity for confidential military purposes, $26,876,636,000.

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law,

$2,931,934,000.

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law; and

not to exceed $7,998,000 can be used for emergencies and extraorVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00008 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
5

dinary expenses, to be expended on the approval or authority of the

Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes,

$26,026,789,000: Provided, That notwithstanding any other provision of law, that of the funds available under this heading,

$750,000 shall only be available to the Secretary of the Air Force

for a grant to Florida Memorial College for the purpose of funding

minority aviation training.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department

of Defense (other than the military departments), as authorized by

law, $12,773,270,000, of which not to exceed $25,000,000 may be

available for the CINC initiative fund account; and of which not to

exceed $33,500,000 can be used for emergencies and extraordinary

expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of

necessity for confidential military purposes: Provided, That notwithstanding any other provision of law, of the funds provided in this

Act for Civil Military programs under this heading, $750,000 shall

be available for a grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the Youth Development and Leadership program and Department of Defense STARBASE program: Provided

further, That of the funds made available in this paragraph,

$1,000,000 shall be available only for continuation of the Middle

East Regional Security Issues program: Provided further, That none

of the funds appropriated or otherwise made available by this Act

may be used to plan or implement the consolidation of a budget or

appropriations liaison office of the Office of the Secretary of Defense,

the office of the Secretary of a military department, or the service

headquarters of one of the Armed Forces into a legislative affairs or

legislative liaison office.

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications, $1,771,246,000.

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications, $1,003,690,000.

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and adVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
6

ministration, of the Marine Corps Reserve; repair of facilities and

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $144,023,000.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

care of the dead; recruiting; procurement of services, supplies, and

equipment; and communications, $2,024,866,000.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the

Army National Guard, including medical and hospital treatment

and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger

motor vehicles; personnel services in the National Guard Bureau;

travel expenses (other than mileage), as authorized by law for Army

personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically

authorized by the Chief, National Guard Bureau; supplying and

equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies

and equipment (including aircraft), $3,768,058,000.

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For operation and maintenance of the Air National Guard, including medical and hospital treatment and related expenses in

non-Federal hospitals; maintenance, operation, repair, and other

necessary expenses of facilities for the training and administration

of the Air National Guard, including repair of facilities, maintenance, operation, and modification of aircraft; transportation of

things, hire of passenger motor vehicles; supplies, materials, and

equipment, as authorized by law for the Air National Guard; and

expenses incident to the maintenance and use of supplies, materials,

and equipment, including such as may be furnished from stocks

under the control of agencies of the Department of Defense; travel

expenses (other than mileage) on the same basis as authorized by

law for Air National Guard personnel on active Federal duty, for

Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $3,988,961,000.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For expenses directly relating to Overseas Contingency Operations by United States military forces, $50,000,000, to remain

available until expended: Provided, That the Secretary of Defense

may transfer these funds only to military personnel accounts; operation and maintenance accounts within this title; the Defense

7

Health Program appropriation; procurement accounts; research, development, test and evaluation accounts; and to working capital

funds: Provided further, That the funds transferred shall be merged

with and shall be available for the same purposes and for the same

time period, as the appropriation to which transferred: Provided

further, That upon a determination that all or part of the funds

transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to

this appropriation: Provided further, That the transfer authority

provided in this paragraph is in addition to any other transfer authority contained elsewhere in this Act.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States Court

of Appeals for the Armed Forces, $9,096,000, of which not to exceed

$2,500 can be used for official representation purposes.

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $389,800,000, to remain available until transferred: Provided, That the Secretary of the Army

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the

Army, or for similar purposes, transfer the funds made available by

this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the

same purposes and for the same time period as the appropriations

to which transferred: Provided further, That upon a determination

that all or part of the funds transferred from this appropriation are

not necessary for the purposes provided herein, such amounts may

be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Navy, $257,517,000, to remain available until transferred: Provided, That the Secretary of the Navy

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the

Navy, or for similar purposes, transfer the funds made available by

this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the

same purposes and for the same time period as the appropriations

to which transferred: Provided further, That upon a determination

that all or part of the funds transferred from this appropriation are

not necessary for the purposes provided herein, such amounts may

be transferred back to this appropriation.

8

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Air Force, $385,437,000, to remain

available until transferred: Provided, That the Secretary of the Air

Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,

removal of unsafe buildings and debris of the Department of the Air

Force, or for similar purposes, transfer the funds made available by

this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available

for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such

amounts may be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For the Department of Defense, $23,492,000, to remain available until transferred: Provided, That the Secretary of Defense shall,

upon determining that such funds are required for environmental

restoration, reduction and recycling of hazardous waste, removal of

unsafe buildings and debris of the Department of Defense, or for

similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department

of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which

transferred: Provided further, That upon a determination that all or

part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be

transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $222,255,000, to remain available until transferred: Provided, That the Secretary of the Army

shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the

Department of Defense, transfer the funds made available by this

appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the

same purposes and for the same time period as the appropriations

to which transferred: Provided further, That upon a determination

that all or part of the funds transferred from this appropriation are

not necessary for the purposes provided herein, such amounts may

be transferred back to this appropriation.

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster,

and Civic Aid programs of the Department of Defense (consisting of

9

the programs provided under sections 401, 402, 404, 2547, and 2551

of title 10, United States Code), $49,700,000, to remain available

until September 30, 2003.

SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE

For logistical and security support for international sporting

competitions (including pay and non-travel related allowances only

for members of the Reserve Components of the Armed Forces of the

United States called or ordered to active duty in connection with

providing such support), $15,800,000, to remain available until expended.

TITLE III

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing

purposes, and such lands and interests therein, may be acquired,

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses

necessary for the foregoing purposes, $1,984,391,000, to remain

available for obligation until September 30, 2004.

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of missiles, equipment, including ordnance, ground

handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing

purposes, and such lands and interests therein, may be acquired,

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses

necessary for the foregoing purposes, $1,079,330,000, to remain

available for obligation until September 30, 2004.

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For construction, procurement, production, and modification of

weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment

and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and

such lands and interests therein, may be acquired, and construction

prosecuted thereon prior to approval of title; and procurement and

installation of equipment, appliances, and machine tools in public

10

and private plants; reserve plant and Government and contractorowned equipment layaway; and other expenses necessary for the

foregoing purposes, $2,193,746,000, to remain available for obligation until September 30, 2004.

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification of

ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine

tools in public and private plants; reserve plant and Government

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,200,465,000, to remain available for obligation until September 30, 2004.

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification of

vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of not to exceed 29 passenger motor vehicles for

replacement only; and the purchase of 3 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $200,000 per vehicle;

communications and electronic equipment; other support equipment;

spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants,

including the land necessary therefor, for the foregoing purposes,

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools

in public and private plants; reserve plant and Government and

contractor-owned equipment layaway; and other expenses necessary

for the foregoing purposes, $4,183,736,000, to remain available for

obligation until September 30, 2004.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, spare

parts, and accessories therefor; specialized equipment; expansion of

public and private plants, including the land necessary therefor,

and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools

in public and private plants; reserve plant and Government and

contractor-owned equipment layaway, $7,938,143,000, to remain

available for obligation until September 30, 2004.

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of missiles, torpedoes, other weapons, and related

11

support equipment including spare parts, and accessories therefor;

expansion of public and private plants, including the land necessary

therefor, and such lands and interests therein, may be acquired,

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $1,429,592,000, to

remain available for obligation until September 30, 2004.

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification of

ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine

tools in public and private plants; reserve plant and Government

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $461,399,000, to remain available

for obligation until September 30, 2004.

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and

installation thereof in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; procurement

of critical, long leadtime components and designs for vessels to be

constructed or converted in the future; and expansion of public and

private plants, including land necessary therefor, and such lands

and interests therein, may be acquired, and construction prosecuted

thereon prior to approval of title, as follows:

Carrier Replacement Program (AP), $138,890,000;

SSGN (AP), $365,440,000;

NSSN, $1,578,914,000;

NSSN (AP), $684,288,000;

CVN Refuelings, $1,148,124,000;

CVN Refuelings (AP), $73,707,000;

Submarine Refuelings, $382,265,000;

Submarine Refuelings (AP), $77,750,000;

DDG–51 destroyer program, $2,966,036,000;

DDG–51 (AP), $125,000,000;

Cruiser conversion (AP), $75,000,000;

LPD–17 (AP), $155,000,000;

T–AKE, $370,818,000;

LHD–8, $267,238,000;

LCAC landing craft air cushion program, $46,091,000;

Prior year shipbuilding costs, $729,248,000;

Mine Hunter SWATH, $1,000,000;

Yard Oilers, $3,000,000; and

For craft, outfitting, post delivery, conversions, and first

destination transformation transportation, $302,230,000;

12

In all: $9,490,039,000, to remain available for obligation until September 30, 2006: Provided, That additional obligations may be incurred after September 30, 2006, for engineering services, tests, evaluations, and other such budgeted work that must be performed in

the final stage of ship construction: Provided further, That none of

the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the

United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That

none of the funds provided under this heading shall be used for the

construction of any naval vessel in foreign shipyards.

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support

equipment and materials not otherwise provided for, Navy ordnance

(except ordnance for new aircraft, new ships, and ships authorized

for conversion); the purchase of not to exceed 152 passenger motor

vehicles for replacement only, and the purchase of five vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $200,000

per unit for two units and not to exceed $115,000 per unit for the

remaining three units; expansion of public and private plants, including the land necessary therefor, and such lands and interests

therein, may be acquired, and construction prosecuted thereon prior

to approval of title; and procurement and installation of equipment,

appliances, and machine tools in public and private plants; reserve

plant and Government and contractor-owned equipment layaway,

$4,270,976,000, to remain available for obligation until September

30, 2004.

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and

modification of missiles, armament, military equipment, spare

parts, and accessories therefor; plant equipment, appliances, and

machine tools, and installation thereof in public and private plants;

reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of not

to exceed 25 passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary

therefor, and such lands and interests therein, may be acquired,

and construction prosecuted thereon prior to approval of title,

$995,442,000, to remain available for obligation until September 30,

2004.

AIRCRAFT PROCUREMENT, AIR FORCE

For construction, procurement, lease, and modification of aircraft and equipment, including armor and armament, specialized

ground handling equipment, and training devices, spare parts, and

accessories therefor; specialized equipment; expansion of public and

private plants, Government-owned equipment and installation

thereof in such plants, erection of structures, and acquisition of

land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to

approval of title; reserve plant and Government and contractorVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00016 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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owned equipment layaway; and other expenses necessary for the

foregoing purposes including rents and transportation of things,

$10,567,038,000, to remain available for obligation until September

30, 2004.

MISSILE PROCUREMENT, AIR FORCE

For construction, procurement, and modification of missiles,

spacecraft, rockets, and related equipment, including spare parts

and accessories therefor, ground handling equipment, and training

devices; expansion of public and private plants, Government-owned

equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such

lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses

necessary for the foregoing purposes including rents and transportation of things, $2,989,524,000, to remain available for obligation

until September 30, 2004.

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification of

ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and

construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine

tools in public and private plants; reserve plant and Government

and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $866,644,000, to remain available

for obligation until September 30, 2004.

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including

ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and

spare parts therefor, not otherwise provided for; the purchase of not

to exceed 216 passenger motor vehicles for replacement only, and the

purchase of three vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger

vehicles but not to exceed $200,000 per vehicle; lease of passenger

motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and

construction prosecuted thereon, prior to approval of title; reserve

plant and Government and contractor-owned equipment layaway,

$8,085,863,000, to remain available for obligation until September

30, 2004.

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PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of not to exceed 65 passenger motor vehicles for replacement

only; the purchase of 4 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger

vehicles but not to exceed $250,000 per vehicle; expansion of public

and private plants, equipment, and installation thereof in such

plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of

title; reserve plant and Government and contractor-owned equipment layaway, $2,389,490,000, to remain available for obligation

until September 30, 2004: Provided, That funds provided under this

heading for Patriot Advanced Capability 3 (PAC–3) missiles may be

used for procurement of critical parts for PAC–3 missiles to support

production of such missiles in future fiscal years.

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections

108, 301, 302, and 303 of the Defense Production Act of 1950 (50

U.S.C. App. 2078, 2091, 2092, and 2093), $40,000,000 to remain

available until expended, of which, $2,000,000 may be used for a

Processible Rigid-Rod Polymeric Material Supplier Initiative under

title III of the Defense Production Act of 1950 (50 U.S.C. App. 2091

et seq.) to develop affordable production methods and a domestic

supplier for military and commercial processible rigid-rod materials.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles,

ammunition, other weapons, and other procurement for the reserve

components of the Armed Forces, $699,130,000, to remain available

for obligation until September 30, 2004: Provided, That the Chiefs

of the Reserve and National Guard components shall, not later than

30 days after the enactment of this Act, individually submit to the

congressional defense committees the modernization priority assessment for their respective Reserve or National Guard component:

Provided further, That of the funds appropriated under this heading, $148,430,000 shall be available only for the procurement of C– 130J aircraft to be used solely for western states firefighting.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,

$7,106,074,000, to remain available for obligation until September

30, 2003.

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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,

$11,498,506,000, to remain available for obligation until September

30, 2003.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment,

$14,669,931,000, to remain available for obligation until September

30, 2003.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and

applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by

the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment,

$15,415,275,000, to remain available for obligation until September

30, 2003: Provided, That for funds provided under this heading for

ballistic missile defense programs, the minimum amount applicable

under section 9(f)(1)(C) of the Small Business Act (15 U.S.C.

638(f)(1)(C)) shall be $75,000,000 (in lieu of the amount otherwise

applicable for those programs under that section).

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation

in the direction and supervision of operational test and evaluation,

including initial operational test and evaluation which is conducted

prior to, and in support of, production decisions; joint operational

testing and evaluation; and administrative expenses in connection

therewith, $231,855,000, to remain available for obligation until

September 30, 2003.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

For the Defense Working Capital Funds, $1,312,986,000: Provided, That during fiscal year 2002, funds in the Defense Working

Capital Funds may be used for the purchase of not to exceed 330

passenger carrying motor vehicles for replacement only for the Defense Security Service.

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and activities, and for expenses of the National Defense Reserve Fleet, as

established by section 11 of the Merchant Ship Sales Act of 1946 (50

16

U.S.C. App. 1744), and for the necessary expenses to maintain and

preserve a U.S.-flag merchant fleet to serve the national security

needs of the United States, $432,408,000, to remain available until

expended: Provided, That none of the funds provided in this paragraph shall be used to award a new contract that provides for the

acquisition of any of the following major components unless such

components are manufactured in the United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (that is; engines, reduction gears, and propellers);

shipboard cranes; and spreaders for shipboard cranes: Provided further, That the exercise of an option in a contract awarded through

the obligation of previously appropriated funds shall not be considered to be the award of a new contract: Provided further, That the

Secretary of the military department responsible for such procurement may waive the restrictions in the first proviso on a case-bycase 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.

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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components

serving under the provisions of title 10 and title 32, United States

Code; for Operation and maintenance; for Procurement; and for Research, development, test and evaluation, $842,581,000: Provided,

That the funds appropriated under this heading shall be available

for obligation for the same time period and for the same purpose as

the appropriation to which transferred: Provided further, That the

transfer authority provided under this heading is in addition to any

other transfer authority contained elsewhere in this Act.

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General

in carrying out the provisions of the Inspector General Act of 1978,

as amended, $152,021,000, of which $150,221,000 shall be for Operation and maintenance, of which not to exceed $700,000 is available

for emergencies and extraordinary expenses to be expended on the

approval or authority of the Inspector General, and payments may

be made on the Inspector General’s certificate of necessity for confidential military purposes; and of which $1,800,000 to remain

available until September 30, 2004, shall be for Procurement.

TITLE VII

RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement and

Disability System Fund, to maintain the proper funding level for

continuing the operation of the Central Intelligence Agency Retirement and Disability System, $212,000,000.

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses of the Intelligence Community Management Account, $160,429,000, of which $28,003,000 for the Advanced

Research and Development Committee shall remain available until

September 30, 2003: Provided, That of the funds appropriated

under this heading, $42,752,000 shall be transferred to the Department of Justice for the National Drug Intelligence Center to support

the Department of Defense’s counter-drug intelligence responsibilities, and of the said amount, $1,500,000 for Procurement shall remain available until September 30, 2004, and $1,000,000 for Research, development, test and evaluation shall remain available

until September 30, 2003: Provided further, That the National Drug

Intelligence Center shall maintain the personnel and technical resources to provide timely support to law enforcement authorities to

18

conduct document exploitation of materials collected in Federal,

State, and local law enforcement activity.

PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

ENVIRONMENTAL RESTORATION FUND

For payment to Kaho’olawe Island Conveyance, Remediation,

and Environmental Restoration Fund, as authorized by law,

$67,500,000, to remain available until expended.

NATIONAL SECURITY EDUCATION TRUST FUND

For the purposes of title VIII of Public Law 102–183,

$8,000,000, to be derived from the National Security Education

Trust Fund, to remain available until expended.

TITLE VIII

GENERAL PROVISIONS—DEPARTMENT OF DEFENSE

SEC. 8001. No part of any appropriation contained in this Act

shall be used for publicity or propaganda purposes not authorized

by the Congress.

SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel

of the Department of Defense: Provided, That salary increases

granted to direct and indirect hire foreign national employees of the

Department of Defense funded by this Act shall not be at a rate in

excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under

the provisions of section 5332 of title 5, United States Code, or at

a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States

diplomatic missions whose pay is set by the Department of State

under the Foreign Service Act of 1980: Provided further, That the

limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

SEC. 8003. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year,

unless expressly so provided herein.

SEC. 8004. No more than 20 percent of the appropriations in

this Act which are limited for obligation during the current fiscal

year shall be obligated during the last 2 months of the fiscal year:

Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp

training of the Reserve Officers’ Training Corps.

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense that

such action is necessary in the national interest, he may, with the

approval of the Office of Management and Budget, transfer not to

exceed $2,000,000,000 of working capital funds of the Department

of Defense or funds made available in this Act to the Department

of Defense for military functions (except military construction) beVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00022 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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tween such appropriations or funds or any subdivision thereof, to be

merged with and to be available for the same purposes, and for the

same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used

unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no

case where the item for which funds are requested has been denied

by the Congress: Provided further, That the Secretary of Defense

shall notify the Congress promptly of all transfers made pursuant

to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for

reprogramming of funds, unless for higher priority items, based on

unforeseen military requirements, than those for which originally

appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using

authority provided in this section must be made prior to May 1,

2002.

(TRANSFER OF FUNDS)

SEC. 8006. During the current fiscal year, cash balances in

working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash

disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the ‘‘Foreign

Currency Fluctuations, Defense’’ appropriation and the ‘‘Operation

and Maintenance’’ appropriation accounts in such amounts as may

be determined by the Secretary of Defense, with the approval of the

Office of Management and Budget, except that such transfers may

not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the

amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or

increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

SEC. 8007. Funds appropriated by this Act may not be used to

initiate a special access program without prior notification 30 calendar days in session in advance to the congressional defense committees.

SEC. 8008. None of the funds provided in this Act shall be

available to initiate: (1) a multiyear contract that employs economic

order quantity procurement in excess of $20,000,000 in any 1 year

of the contract or that includes an unfunded contingent liability in

excess of $20,000,000; or (2) a contract for advance procurement

leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any 1 year, unless the

congressional defense committees have been notified at least 30 days

in advance of the proposed contract award: Provided, That no part

of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the GovernVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00023 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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ment’s liability: Provided further, That no part of any appropriation

contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value

of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 10-day prior notification to the congressional defense committees: Provided further, That

the execution of multiyear authority shall require the use of a

present value analysis to determine lowest cost compared to an annual procurement.

Funds appropriated in title III of this Act may be used for

multiyear procurement contracts as follows:

UH–60/CH–60 aircraft;

C–17; and

F/A–18E and F engine.

SEC. 8009. Within the funds appropriated for the operation and

maintenance of the Armed Forces, funds are hereby appropriated

pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United

States Code. Such funds may also be obligated for humanitarian

and civic assistance costs incidental to authorized operations and

pursuant to authority granted in section 401 of chapter 20 of title

10, United States Code, and these obligations shall be reported to

the Congress as of September 30 of each year: Provided, That funds

available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action

Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239: Provided further, That

upon a determination by the Secretary of the Army that such action

is beneficial for graduate medical education programs conducted at

Army medical facilities located in Hawaii, the Secretary of the Army

may authorize the provision of medical services at such facilities

and transportation to such facilities, on a nonreimbursable basis,

for civilian patients from American Samoa, the Commonwealth of

the Northern Mariana Islands, the Marshall Islands, the Federated

States of Micronesia, Palau, and Guam.

SEC. 8010. (a) During fiscal year 2002, the civilian personnel

of the Department of Defense may not be managed on the basis of

any end-strength, and the management of such personnel during

that fiscal year shall not be subject to any constraint or limitation

(known as an end-strength) on the number of such personnel who

may be employed on the last day of such fiscal year.

(b) The fiscal year 2003 budget request for the Department of

Defense as well as all justification material and other documentation supporting the fiscal year 2003 Department of Defense budget

request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to

fiscal year 2003.

(c) Nothing in this section shall be construed to apply to military (civilian) technicians.

SEC. 8011. Notwithstanding any other provision of law, none of

the funds made available by this Act shall be used by the Department of Defense to exceed, outside the 50 United States, its territories, and the District of Columbia, 125,000 civilian workyears:

21

Provided, That workyears shall be applied as defined in the Federal

Personnel Manual: Provided further, That workyears expended in

dependent student hiring programs for disadvantaged youths shall

not be included in this workyear limitation.

SEC. 8012. None of the funds made available by this Act shall

be used in any way, directly or indirectly, to influence congressional

action on any legislation or appropriation matters pending before

the Congress.

SEC. 8013. None of the funds appropriated by this Act shall be

available for the basic pay and allowances of any member of the

Army participating as a full-time student and receiving benefits

paid by the Secretary of Veterans Affairs from the Department of

Defense Education Benefits Fund when time spent as a full-time

student is credited toward completion of a service commitment: Provided, That this subsection shall not apply to those members who

have reenlisted with this option prior to October 1, 1987: Provided

further, That this subsection applies only to active components of

the Army.

SEC. 8014. None of the funds appropriated by this Act shall be

available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the

enactment of this Act, is performed by more than 10 Department of

Defense civilian employees until a most efficient and cost-effective

organization analysis is completed on such activity or function and

certification of the analysis is made to the Committees on Appropriations of the House of Representatives and the Senate: Provided,

That this section and subsections (a), (b), and (c) of 10 U.S.C. 2461

shall not apply to a commercial or industrial type function of the

Department of Defense that: (1) is included on the procurement list

established pursuant to section 2 of the Act of June 25, 1938 (41

U.S.C. 47), popularly referred to as the Javits-Wagner-O’Day Act;

(2) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for

other severely handicapped individuals in accordance with that Act;

or (3) is planned to be converted to performance by a qualified firm

under 51 percent ownership by an Indian tribe, as defined in section

450b(e) of title 25, United States Code, or a Native Hawaiian organization, as defined in section 637(a)(15) of title 15, United States

Code.

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for the

purpose of implementing a Mentor-Protege Program developmental

assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510;

10 U.S.C. 2301 note), as amended, under the authority of this provision or any other transfer authority contained in this Act.

SEC. 8016. None of the funds in this Act may be available for

the purchase by the Department of Defense (and its departments

and agencies) of welded shipboard anchor and mooring chain 4

inches in diameter and under unless the anchor and mooring chain

are manufactured in the United States from components which are

substantially manufactured in the United States: Provided, That for

22

the purpose of this section manufactured will include cutting, heat

treating, quality control, testing of chain and welding (including the

forging and shot blasting process): Provided further, That for the

purpose of this section substantially all of the components of anchor

and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components

produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the

United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements

on a timely basis, the Secretary of the service responsible for the

procurement may waive this restriction on a case-by-case basis by

certifying in writing to the Committees on Appropriations that such

an acquisition must be made in order to acquire capability for national security purposes.

SEC. 8017. None of the funds appropriated by this Act available

for the Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS) or TRICARE shall be available for the reimbursement of any health care provider for inpatient mental health

service for care received when a patient is referred to a provider of

inpatient mental health care or residential treatment care by a medical or health care professional having an economic interest in the

facility to which the patient is referred: Provided, That this limitation does not apply in the case of inpatient mental health services

provided under the program for persons with disabilities under subsection (d) of section 1079 of title 10, United States Code, provided

as partial hospital care, or provided pursuant to a waiver authorized by the Secretary of Defense because of medical or psychological

circumstances of the patient that are confirmed by a health professional who is not a Federal employee after a review, pursuant to

rules prescribed by the Secretary, which takes into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of that care.

SEC. 8018. Funds available in this Act and hereafter may be

used to provide transportation for the next-of-kin of individuals who

have been prisoners of war or missing in action from the Vietnam

era to an annual meeting in the United States, under such regulations as the Secretary of Defense may prescribe.

SEC. 8019. Notwithstanding any other provision of law, during

the current fiscal year, the Secretary of Defense may, by executive

agreement, establish with host nation governments in NATO member states a separate account into which such residual value

amounts negotiated in the return of United States military installations in NATO member states may be deposited, in the currency of

the host nation, in lieu of direct monetary transfers to the United

States Treasury: Provided, That such credits may be utilized only

for the construction of facilities to support United States military

forces in that host nation, or such real property maintenance and

base operating costs that are currently executed through monetary

transfers to such host nations: Provided further, That the Department of Defense’s budget submission for fiscal year 2003 shall identify such sums anticipated in residual value settlements, and identify such construction, real property maintenance or base operating

costs that shall be funded by the host nation through such credits:

Provided further, That all military construction projects to be exeVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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cuted from such accounts must be previously approved in a prior

Act of Congress: Provided further, That each such executive agreement with a NATO member host nation shall be reported to the congressional defense committees, the Committee on International Relations of the House of Representatives and the Committee on Foreign

Relations of the Senate 30 days prior to the conclusion and endorsement of any such agreement established under this provision.

SEC. 8020. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M– 1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or

M–1911 pistols.

SEC. 8021. No more than $500,000 of the funds appropriated

or made available in this Act shall be used during a single fiscal

year for any single relocation of an organization, unit, activity or

function of the Department of Defense into or within the National

Capital Region: Provided, That the Secretary of Defense may waive

this restriction on a case-by-case basis by certifying in writing to the

congressional defense committees that such a relocation is required

in the best interest of the Government.

SEC. 8022. In addition to the funds provided elsewhere in this Act, $8,000,000 is appropriated only for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C.

1544): Provided, That a subcontractor at any tier shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25

U.S.C. 1544).

SEC. 8023. During the current fiscal year and hereafter, funds

appropriated or otherwise available for any Federal agency, the

Congress, the judicial branch, or the District of Columbia may be

used for the pay, allowances, and benefits of an employee as defined

by section 2105 of title 5, United States Code, or an individual employed by the government of the District of Columbia, permanent or

temporary indefinite, who— (1) is a member of a Reserve component of the Armed

Forces, as described in section 10101 of title 10, United States

Code, or the National Guard, as described in section 101 of title

32, United States Code;

(2) performs, for the purpose of providing military aid to

enforce the law or providing assistance to civil authorities in

the protection or saving of life or property or prevention of

injury—

(A) Federal service under sections 331, 332, 333, or

12406 of title 10, United States Code, or other provision of

law, as applicable; or

(B) full-time military service for his or her State, the

District of Columbia, the Commonwealth of Puerto Rico, or

a territory of the United States; and

(3) requests and is granted—

(A) leave under the authority of this section; or

(B) annual leave, which may be granted without regard to the provisions of sections 5519 and 6323(b) of title

5, United States Code, if such employee is otherwise entitled to such annual leave:

Provided, That any employee who requests leave under subsection

(3)(A) for service described in subsection (2) of this section is entitled

24

to such leave, subject to the provisions of this section and of the last

sentence of section 6323(b) of title 5, United States Code, and such

leave shall be considered leave under section 6323(b) of title 5,

United States Code.

SEC. 8024. None of the funds appropriated by this Act shall be

available to perform any cost study pursuant to the provisions of

OMB Circular A–76 if the study being performed exceeds a period

of 24 months after initiation of such study with respect to a single

function activity or 48 months after initiation of such study for a

multi-function activity.

SEC. 8025. Funds appropriated by this Act for the American

Forces Information Service shall not be used for any national or

international political or psychological activities.

SEC. 8026. Notwithstanding any other provision of law or regulation, the Secretary of Defense may adjust wage rates for civilian

employees hired for certain health care occupations as authorized

for the Secretary of Veterans Affairs by section 7455 of title 38,

United States Code.

SEC. 8027. Of the funds made available in this Act, not less than $55,000,000 shall be available to maintain an attrition reserve

force of 18 B–52 aircraft, of which $3,300,000 shall be available

from ‘‘Military Personnel, Air Force’’, $37,400,000 shall be available

from ‘‘Operation and Maintenance, Air Force’’, and $14,300,000

shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,

That the Secretary of the Air Force shall maintain a total force of

94 B–52 aircraft, including 18 attrition reserve aircraft, during fiscal year 2002: Provided further, That the Secretary of Defense shall

include in the Air Force budget request for fiscal year 2003 amounts

sufficient to maintain a B–52 force totaling 94 aircraft.

SEC. 8028. (a) Of the funds for the procurement of supplies or

services appropriated by this Act, qualified nonprofit agencies for

the blind or other severely handicapped shall be afforded the maximum practicable opportunity to participate as subcontractors and

suppliers in the performance of contracts let by the Department of

Defense.

(b) During the current fiscal year, a business concern which has

negotiated with a military service or defense agency a subcontracting plan for the participation by small business concerns pursuant to section 8(d) of the Small Business Act (15 U.S.C. 637(d))

shall be given credit toward meeting that subcontracting goal for

any purchases made from qualified nonprofit agencies for the blind

or other severely handicapped.

(c) For the purpose of this section, the phrase ‘‘qualified nonprofit agency for the blind or other severely handicapped’’ means a

nonprofit agency for the blind or other severely handicapped that

has been approved by the Committee for the Purchase from the

Blind and Other Severely Handicapped under the Javits-WagnerO’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

25

$350,000,000 for purposes specified in section 2350j(c) of title 10,

United States Code, in anticipation of receipt of contributions, only

from the Government of Kuwait, under that section: Provided, That

upon receipt, such contributions from the Government of Kuwait

shall be credited to the appropriations or fund which incurred such

obligations.

SEC. 8031. Of the funds made available in this Act, not less than $23,003,000 shall be available for the Civil Air Patrol Corporation, of which $21,503,000 shall be available for Civil Air Patrol Corporation operation and maintenance to support readiness

activities which includes $1,500,000 for the Civil Air Patrol

counterdrug program: Provided, That funds identified for ‘‘Civil Air

Patrol’’ under this section are intended for and shall be for the exclusive use of the Civil Air Patrol Corporation and not for the Air

Force or any unit thereof.

SEC. 8032. (a) None of the funds appropriated in this Act are

available to establish a new Department of Defense (department)

federally funded research and development center (FFRDC), either

as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership

corporation consisting of a consortium of other FFRDCs and other

non-profit entities.

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity,

may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal

year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per

diem as authorized under the Federal Joint Travel Regulations,

when engaged in the performance of membership duties.

(c) Notwithstanding any other provision of law, none of the

funds available to the department from any source during fiscal

year 2002 may be used by a defense FFRDC, through a fee or other

payment mechanism, for construction of new buildings, for payment

of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions,

not to include employee participation in community service and/or

development.

(d) Notwithstanding any other provision of law, of the funds

available to the department during fiscal year 2002, not more than

6,227 staff years of technical effort (staff years) may be funded for

defense FFRDCs: Provided, That of the specific amount referred to

previously in this subsection, not more than 1,029 staff years may

be funded for the defense studies and analysis FFRDCs.

(e) The Secretary of Defense shall, with the submission of the

department’s fiscal year 2003 budget request, submit a report presenting the specific amounts of staff years of technical effort to be

allocated for each defense FFRDC during that fiscal year.

(f) Notwithstanding any other provision of this Act, the total

amount appropriated in this Act for FFRDCs is hereby reduced by

$40,000,000.

SEC. 8033. None of the funds appropriated or made available

in this Act shall be used to procure carbon, alloy or armor steel

26

plate for use in any Government-owned facility or property under

the control of the Department of Defense which were not melted and

rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply

Class 9515, American Society of Testing and Materials (ASTM) or

American Iron and Steel Institute (AISI) specifications of carbon,

alloy or armor steel plate: Provided further, That the Secretary of

the military department responsible for the procurement may waive

this restriction on a case-by-case basis by certifying in writing to the

Committees on Appropriations of the House of Representatives and

the Senate that adequate domestic supplies are not available to meet

Department of Defense requirements on a timely basis and that such

an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions

shall not apply to contracts which are in being as of the date of the

enactment of this Act.

SEC. 8034. For the purposes of this Act, the term ‘‘congressional

defense committees’’ means the Armed Services Committee of the

House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

SEC. 8035. During the current fiscal year, the Department of

Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of

components and other Defense-related articles, through competition

between Department of Defense depot maintenance activities and

private firms: Provided, That the Senior Acquisition Executive of the

military department or defense agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private

bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section.

SEC. 8036. (a)(1) If the Secretary of Defense, after consultation

with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph

(2) has violated the terms of the agreement by discriminating

against certain types of products produced in the United States that

are covered by the agreement, the Secretary of Defense shall rescind

the Secretary’s blanket waiver of the Buy American Act with respect

to such types of products produced in that foreign country.

(2) An agreement referred to in paragraph (1) is any reciprocal

defense procurement memorandum of understanding, between the

United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for

certain products in that country.

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2002. Such report shall separately indicate the dollar value of items for which the Buy American Act was

waived pursuant to any agreement described in subsection (a)(2),

the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any

international agreement to which the United States is a party.

27

(c) For purposes of this section, the term ‘‘Buy American Act’’ means title III of the Act entitled ‘‘An Act making appropriations for

the Treasury and Post Office Departments for the fiscal year ending

June 30, 1934, and for other purposes’’, approved March 3, 1933 (41

U.S.C. 10a et seq.).

SEC. 8037. Appropriations contained in this Act that remain

available at the end of the current fiscal year as a result of energy

cost savings realized by the Department of Defense shall remain

available for obligation for the next fiscal year to the extent, and for

the purposes, provided in section 2865 of title 10, United States

Code.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8038. Amounts deposited during the current fiscal year to

the special account established under 40 U.S.C. 485(h)(2) and to the

special account established under 10 U.S.C. 2667(d)(1) are appropriated and shall be available until transferred by the Secretary of

Defense to current applicable appropriations or funds of the Department of Defense under the terms and conditions specified by 40

U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be

merged with and to be available for the same time period and the

same purposes as the appropriation to which transferred.

SEC. 8039. The President shall include with each budget for a

fiscal year submitted to the Congress under section 1105 of title 31,

United States Code, materials that shall identify clearly and separately the amounts requested in the budget for appropriation for

that fiscal year for salaries and expenses related to administrative

activities of the Department of Defense, the military departments,

and the defense agencies.

SEC. 8040. Notwithstanding any other provision of law, funds

available for ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ may be obligated for the Young Marines program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8041. During the current fiscal year, amounts contained in

the Department of Defense Overseas Military Facility Investment

Recovery Account established by section 2921(c)(1) of the National

Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.

2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act.

SEC. 8042. (a) IN GENERAL.—Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to

the Air Force, without consideration, to Indian tribes located in the

States of North Dakota, South Dakota, Montana, and Minnesota

relocatable military housing units located at Grand Forks Air Force

Base and Minot Air Force Base that are excess to the needs of the

Air Force.

(b) PROCESSING OF REQUESTS.—The Secretary of the Air Force

shall convey, at no cost to the Air Force, military housing units

under subsection (a) in accordance with the request for such units

that are submitted to the Secretary by the Operation Walking Shield

Program on behalf of Indian tribes located in the States of North

Dakota, South Dakota, Montana, and Minnesota.

(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation

Walking Shield program shall resolve any conflicts among requests

28

of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection

(b).

(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian

tribe’’ means any recognized Indian tribe included on the current

list published by the Secretary of the Interior under section 104 of

the Federally Recognized Indian Tribe Act of 1994 (Public Law

103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).

SEC. 8043. During the current fiscal year, appropriations which

are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item

unit cost of not more than $100,000: Provided, That the $100,000

limitation shall not apply to amounts appropriated in this Act

under the heading ‘‘Operation and Maintenance, Defense-Wide’’ for

expenses related to certain classified activities.

SEC. 8044. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working

Capital Funds shall be used for the purchase of an investment item

for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year

to customers of the Department of Defense Working Capital Funds

if such an item would not have been chargeable to the Department

of Defense Business Operations Fund during fiscal year 1994 and

if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.

(b) The fiscal year 2003 budget request for the Department of

Defense as well as all justification material and other documentation supporting the fiscal year 2003 Department of Defense budget

shall be prepared and submitted to the Congress on the basis that

any equipment which was classified as an end item and funded in

a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2003 procurement appropriation

and not in the supply management business area or any other area

or category of the Department of Defense Working Capital Funds.

SEC. 8045. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for

obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2003: Provided, That funds appropriated,

transferred, or otherwise credited to the Central Intelligence Agency

Central Services Working Capital Fund during this or any prior or

subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the

Central Intelligence Agency for agent operations and for covert action programs authorized by the President under section 503 of the

National Security Act of 1947, as amended, shall remain available

until September 30, 2003.

SEC. 8046. Notwithstanding any other provision of law, funds

made available in this Act for the Defense Intelligence Agency may

be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

29

SEC. 8047. Of the funds appropriated to the Department of Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $10,000,000 shall be made available only for

the mitigation of environmental impacts, including training and

technical assistance to tribes, related administrative support, the

gathering of information, documenting of environmental damage,

and developing a system for prioritization of mitigation and cost to

complete estimates for mitigation, on Indian lands resulting from

Department of Defense activities.

SEC. 8048. Amounts collected for the use of the facilities of the

National Science Center for Communications and Electronics during the current fiscal year and hereafter pursuant to section 1459(g)

of the Department of Defense Authorization Act, 1986, and deposited

to the special account established under subsection 1459(g)(2) of

that Act are appropriated and shall be available until expended for

the operation and maintenance of the Center as provided for in subsection 1459(g)(2).

(TRANSFER OF FUNDS)

SEC. 8049. In addition to the amounts appropriated elsewhere in this Act, $10,000,000 is hereby appropriated to the Department

of Defense: Provided, That at the direction of the Assistant Secretary

of Defense for Reserve Affairs, these funds shall be transferred to the

Reserve component personnel accounts in Title I of this Act: Provided further, That these funds shall be used for incentive and

bonus programs that address the most pressing recruitment and retention issues in the Reserve components.

SEC. 8050. (a) None of the funds appropriated in this Act may

be expended by an entity of the Department of Defense unless the

entity, in expending the funds, complies with the Buy American Act.

For purposes of this subsection, the term ‘‘Buy American Act’’ means

title III of the Act entitled ‘‘An Act making appropriations for the

Treasury and Post Office Departments for the fiscal year ending

June 30, 1934, and for other purposes’’, approved March 3, 1933 (41

U.S.C. 10a et seq.).

(b) If the Secretary of Defense determines that a person has

been convicted of intentionally affixing a label bearing a ‘‘Made in

America’’ inscription to any product sold in or shipped to the United

States that is not made in America, the Secretary shall determine,

in accordance with section 2410f of title 10, United States Code,

whether the person should be debarred from contracting with the

Department of Defense.

(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress

that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products,

provided that American-made equipment and products are costcompetitive, 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;

30

(2) the purpose of the contract is to explore an unsolicited

proposal which offers significant scientific or technological

promise, represents the product of original thinking, and was

submitted in confidence by one source; or

(3) the purpose of the contract is to take advantage of

unique and significant industrial accomplishment by a specific

concern, or to insure that a new product or idea of a specific

concern is given financial support:

Provided, That this limitation shall not apply to contracts in an

amount of less than $25,000, contracts related to improvements of

equipment that is in development or production, or contracts as to

which a civilian official of the Department of Defense, who has been

confirmed by the Senate, determines that the award of such contract

is in the interest of the national defense.

SEC. 8052. (a) Except as provided in subsections (b) and (c),

none of the funds made available by this Act may be used— (1) to establish a field operating agency; or

(2) to pay the basic pay of a member of the Armed Forces

or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee’s place of duty remains at the location of that headquarters.

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case

basis, if the Secretary determines, and certifies to the Committees on

Appropriations of the House of Representatives and Senate that the

granting of the waiver will reduce the personnel requirements or the

financial requirements of the department.

(c) This section does not apply to field operating agencies funded within the National Foreign Intelligence Program.

SEC. 8053. Notwithstanding section 303 of Public Law 96–487

or any other provision of law, the Secretary of the Navy is authorized to lease real and personal property at Naval Air Facility, Adak,

Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial or

other purposes: Provided, That notwithstanding any other provision

of law, the Secretary of the Navy may remove hazardous materials

from facilities, buildings, and structures at Adak, Alaska, and may

demolish or otherwise dispose of such facilities, buildings, and

structures.

(RESCISSIONS)

SEC. 8054. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the

following accounts and programs in the specified amounts:

‘‘Former Soviet Union Threat Reduction, 2000/2002’’,

$32,000,000;

‘‘Other Procurement, Navy, 2000/2002’’, $15,300,000;

‘‘Aircraft Procurement, Air Force, 2000/2002’’, $8,500,000;

‘‘Other Procurement, Air Force, 2000/2002’’, $20,000,000;

‘‘Aircraft Procurement, Army, 2001/2003’’, $16,000,000;

‘‘Procurement of Ammunition, Army, 2001/2003’’,

$27,400,000;

‘‘Other Procurement, Army, 2001/2003’’, $28,745,000;

‘‘Aircraft Procurement, Navy, 2001/2003’’, $8,600,000;

‘‘Weapons Procurement, Navy, 2001/2003’’, $20,000,000;

‘‘Other Procurement, Navy, 2001/2003’’, $7,600,000;

31

‘‘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, DefenseWide, 2001/2002’’, $780,000.

SEC. 8055. None of the funds available in this Act may be used

to reduce the authorized positions for military (civilian) technicians

of the Army National Guard, the Air National Guard, Army Reserve

and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on

military (civilian) technicians, unless such reductions are a direct

result of a reduction in military force structure.

SEC. 8056. None of the funds appropriated or otherwise made

available in this Act may be obligated or expended for assistance to

the Democratic People’s Republic of North Korea unless specifically

appropriated for that purpose.

SEC. 8057. During the current fiscal year, funds appropriated

in this Act are available to compensate members of the National

Guard for duty performed pursuant to a plan submitted by a Governor of a State and approved by the Secretary of Defense under section 112 of title 32, United States Code: Provided, That during the

performance of such duty, the members of the National Guard shall

be under State command and control: Provided further, That such

duty shall be treated as full-time National Guard duty for purposes

of sections 12602(a)(2) and (b)(2) of title 10, United States Code.

SEC. 8058. Funds appropriated in this Act for operation and

maintenance of the Military Departments, Combatant Commands

and Defense Agencies shall be available for reimbursement of pay,

allowances and other expenses which would otherwise be incurred

against appropriations for the National Guard and Reserve when

members of the National Guard and Reserve provide intelligence or

counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and

programs included within the National Foreign Intelligence Program (NFIP), the Joint Military Intelligence Program (JMIP), and

the Tactical Intelligence and Related Activities (TIARA) aggregate:

Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

SEC. 8059. During the current fiscal year, none of the funds appropriated in this Act may be used to reduce the civilian medical

and medical support personnel assigned to military treatment facilities below the September 30, 2001 level: Provided, That the Service

Surgeons General may waive this section by certifying to the congressional defense committees that the beneficiary population is deVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00035 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
32

clining in some catchment areas and civilian strength reductions

may be consistent with responsible resource stewardship and capitation-based budgeting.

SEC. 8060. (a) LIMITATION ON PENTAGON RENOVATION COSTS.—

Not later than the date each year on which the President submits

to Congress the budget under section 1105 of title 31, United States

Code, the Secretary of Defense shall submit to Congress a certification that the total cost for the planning, design, construction, and

installation of equipment for the renovation of wedges 2 through 5

of the Pentagon Reservation, cumulatively, will not exceed four

times the total cost for the planning, design, construction, and installation of equipment for the renovation of wedge 1.

(b) ANNUAL ADJUSTMENT.—For purposes of applying the limitation in subsection (a), the Secretary shall adjust the cost for the renovation of wedge 1 by any increase or decrease in costs attributable

to economic inflation, based on the most recent economic assumptions issued by the Office of Management and Budget for use in

preparation of the budget of the United States under section 1104

of title 31, United States Code.

(c) EXCLUSION OF CERTAIN COSTS.—For purposes of calculating

the limitation in subsection (a), the total cost for wedges 2 through

5 shall not include—

(1) any repair or reconstruction cost incurred as a result of

the terrorist attack on the Pentagon that occurred on September

11, 2001;

(2) any increase in costs for wedges 2 through 5 attributable to compliance with new requirements of Federal, State,

or local laws; and

(3) any increase in costs attributable to additional security

requirements that the Secretary of Defense considers essential to

provide a safe and secure working environment.

(d) CERTIFICATION COST REPORTS.—As part of the annual certification under subsection (a), the Secretary shall report the projected cost (as of the time of the certification) for—

(1) the renovation of each wedge, including the amount adjusted or otherwise excluded for such wedge under the authority

of paragraphs (2) and (3) of subsection (c) for the period covered

by the certification; and

(2) the repair and reconstruction of wedges 1 and 2 in response to the terrorist attack on the Pentagon that occurred on

September 11, 2001.

(e) DURATION OF CERTIFICATION REQUIREMENT.—The requirement to make an annual certification under subsection (a) shall

apply until the Secretary certifies to Congress that the renovation of

the Pentagon Reservation is completed.

SEC. 8061. Notwithstanding any other provision of law, that

not more than 35 percent of funds provided in this Act, for environmental remediation may be obligated under indefinite delivery/indefinite quantity contracts with a total contract value of

$130,000,000 or higher.

SEC. 8062. Of the funds made available under the heading ‘‘Operation and Maintenance, Air Force’’, $10,200,000 shall be available

to realign railroad track on Elmendorf Air Force Base and Fort

Richardson.

33

SEC. 8063. (a) None of the funds available to the Department

of Defense for any fiscal year for drug interdiction or counter-drug

activities may be transferred to any other department or agency of

the United States except as specifically provided in an appropriations law.

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the

United States except as specifically provided in an appropriations

law.

(TRANSFER OF FUNDS)

SEC. 8064. Appropriations available in this Act under the heading ‘‘Operation and Maintenance, Defense-Wide’’ for increasing energy and water efficiency in Federal buildings may, during their period of availability, be transferred to other appropriations or funds

of the Department of Defense for projects related to increasing energy and water efficiency, to be merged with and to be available for

the same general purposes, and for the same time period, as the appropriation or fund to which transferred.

SEC. 8065. None of the funds appropriated by this Act may be

used for the procurement of ball and roller bearings other than

those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible for

such procurement may waive this restriction on a case-by-case basis

by certifying in writing to the Committees on Appropriations of the

House of Representatives and the Senate, that adequate domestic

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made

in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the purchase

of ‘‘commercial items’’, as defined by section 4(12) of the Office of

Federal Procurement Policy Act, except that the restriction shall

apply to ball or roller bearings purchased as end items.

SEC. 8066. Notwithstanding any other provision of law, funds

available to the Department of Defense shall be made available to

provide transportation of medical supplies and equipment, on a

nonreimbursable basis, to American Samoa, and funds available to

the Department of Defense shall be made available to provide transportation of medical supplies and equipment, on a nonreimbursable

basis, to the Indian Health Service when it is in conjunction with

a civil-military project.

SEC. 8067. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United

States, unless the Secretary of Defense certifies to the congressional

defense committees that such an acquisition must be made in order

to acquire capability for national security purposes that is not available from United States manufacturers.

SEC. 8068. Notwithstanding any other provision of law, the

Naval shipyards of the United States shall be eligible to participate

in any manufacturing extension program financed by funds appropriated in this or any other Act.

SEC. 8069. Notwithstanding any other provision of law, each

contract awarded by the Department of Defense during the current

fiscal year for construction or service performed in whole or in part

34

in a State (as defined in section 381(d) of title 10, United States

Code) which is not contiguous with another State and has an unemployment rate in excess of the national average rate of unemployment as determined by the Secretary of Labor, shall include a provision requiring the contractor to employ, for the purpose of performing that portion of the contract in such State that is not contiguous with another State, individuals who are residents of such

State and who, in the case of any craft or trade, possess or would

be able to acquire promptly the necessary skills: Provided, That the

Secretary of Defense may waive the requirements of this section, on

a case-by-case basis, in the interest of national security.

SEC. 8070. None of the funds made available in this or any

other Act may be used to pay the salary of any officer or employee

of the Department of Defense who approves or implements the transfer of administrative responsibilities or budgetary resources of any

program, project, or activity financed by this Act to the jurisdiction

of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall

not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense.

SEC. 8071. Of the funds made available in this Act under the

heading ‘‘Operation and Maintenance, Defense-Wide’’, up to $5,000,000 shall be available to provide assistance, by grant or otherwise, to public school systems that have unusually high concentrations of special needs military dependents enrolled: Provided, That

in selecting school systems to receive such assistance, special consideration shall be given to school systems in States that are considered overseas assignments: Provided further, That up to $2,000,000

shall be available for DOD to establish a non-profit trust fund to

assist in the public-private funding of public school repair and

maintenance projects, or provide directly to non-profit organizations

who in return will use these monies to provide assistance in the

form of repair, maintenance, or renovation to public school systems

that have high concentrations of special needs military dependents

and are located in States that are considered overseas assignments:

Provided further, That to the extent a federal agency provides this

assistance, by contract, grant or otherwise, it may accept and expend non-federal funds in combination with these federal funds to

provide assistance for the authorized purpose, if the non-federal entity requests such assistance and the non-federal funds are provided

on a reimbursable basis.

SEC. 8072. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES

AND SERVICES.—Notwithstanding any other provision of law, none

of the funds available to the Department of Defense for the current

fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services

(other than intelligence services) for use in the activities described

in subsection (b) unless the congressional defense committees, the

Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer.

(b) COVERED ACTIVITIES.—This section applies to—

(1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the

35

United Nations Charter under the authority of a United Nations Security Council resolution; and

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

(c) REQUIRED NOTICE.—A notice under subsection (a) shall include the following:

(1) A description of the equipment, supplies, or services to

be transferred.

(2) A statement of the value of the equipment, supplies, or

services to be transferred.

(3) In the case of a proposed transfer of equipment or

supplies—

(A) a statement of whether the inventory requirements

of all elements of the Armed Forces (including the reserve

components) for the type of equipment or supplies to be

transferred have been met; and

(B) a statement of whether the items proposed to be

transferred will have to be replaced and, if so, how the

President proposes to provide funds for such replacement.

SEC. 8073. To the extent authorized by subchapter VI of chapter

148 of title 10, United States Code, the Secretary of Defense may

issue loan guarantees in support of United States defense exports

not otherwise provided for: Provided, That the total contingent liability of the United States for guarantees issued under the authority of this section may not exceed $15,000,000,000: Provided further,

That the exposure fees charged and collected by the Secretary for

each guarantee shall be paid by the country involved and shall not

be financed as part of a loan guaranteed by the United States: Provided further, That the Secretary shall provide quarterly reports to

the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate and the Committees on Appropriations, Armed

Services, and International Relations in the House of Representatives on the implementation of this program: Provided further, That

amounts charged for administrative fees and deposited to the special account provided for under section 2540c(d) of title 10, shall be

available for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under subchapter VI of chapter 148 of title 10, United States

Code.

SEC. 8074. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of

any amount paid by the contractor to an employee when—

(1) such costs are for a bonus or otherwise in excess of the

normal salary paid by the contractor to the employee; and

(2) such bonus is part of restructuring costs associated with

a business combination.

SEC. 8075. (a) None of the funds appropriated or otherwise

made available in this Act may be used to transport or provide for

the transportation of chemical munitions or agents to the Johnston

Atoll for the purpose of storing or demilitarizing such munitions or

agents.

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

found in the World War II Pacific Theater of Operations.

36

(c) The President may suspend the application of subsection (a)

during a period of war in which the United States is a party.

SEC. 8076. Up to $3,000,000 of the funds appropriated under

the heading ‘‘Operation and Maintenance, Navy’’ in this Act for the

Pacific Missile Range Facility may be made available to contract for

the repair, maintenance, and operation of adjacent off-base water,

drainage, and flood control systems critical to base operations.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8077. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading

‘‘Operation and Maintenance, Defense-Wide’’ may be transferred to

appropriations available for the pay of military personnel, to be

merged with, and to be available for the same time period as the

appropriations to which transferred, to be used in support of such

personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant

to section 2012 of title 10, United States Code.

SEC. 8078. For purposes of section 1553(b) of title 31, United

States Code, any subdivision of appropriations made in this Act

under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be

considered to be for the same purpose as any subdivision under the

heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations in

any prior year, and the 1 percent limitation shall apply to the total

amount of the appropriation.

SEC. 8079. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed

under the provisions of section 1552 of title 31, United States Code,

and which has a negative unliquidated or unexpended balance, an

obligation or an adjustment of an obligation may be charged to any

current appropriation account for the same purpose as the expired

or closed account if—

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the

end of the period of availability or closing of that account;

(2) the obligation is not otherwise properly chargeable to

any current appropriation account of the Department of Defense; and

(3) in the case of an expired account, the obligation is not

chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National

Defense Authorization Act for Fiscal Year 1991, Public Law

101–510, as amended (31 U.S.C. 1551 note): Provided, That in

the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a

current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation

under this section may not exceed an amount equal to 1 percent

of the total appropriation for that account.

SEC. 8080. Funds appropriated in title II of this Act and for the

Defense Health Program in title VI of this Act for supervision and

administration costs for facilities maintenance and repair, minor

37

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 AsiaPacific Center for Security Studies for military officers and civilian

officials of foreign nations if the Secretary determines that attendance by such personnel, without reimbursement, is in the national

security interest of the United States: Provided, That costs for which

reimbursement is waived pursuant to this section shall be paid from

appropriations available for the Asia-Pacific Center.

SEC. 8082. (a) Notwithstanding any other provision of law, the

Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of

the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(b) Amounts collected under subsection (a) shall be credited to

funds available for the National Guard Distance Learning Project

and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

SEC. 8083. Using funds available by this Act or any other Act,

the Secretary of the Air Force, pursuant to a determination under

section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the

Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City of Kaiserslautern such agreements

will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained

from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy

source.

SEC. 8084. Notwithstanding 31 U.S.C. 3902, during the current

fiscal year and hereafter, interest penalties may be paid by the Department of Defense from funds financing the operation of the military department or defense agency with which the invoice or contract payment is associated.

SEC. 8085. None of the funds appropriated in title IV of this Act

may be used to procure end-items for delivery to military forces for

operational training, operational use or inventory requirements:

Provided, That this restriction does not apply to end-items used in

development, prototyping, and test activities preceding and leading

to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National

Foreign Intelligence Program: Provided further, That the Secretary

of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House

of Representatives and the Senate that it is in the national security

interest to do so.

38

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 other- wise made available in this Act, $3,500,000, to remain available

until September 30, 2002, is hereby appropriated to the Department

of Defense: Provided, That the Secretary of Defense shall make a

grant in the amount of $3,500,000 to the American Red Cross for

Armed Forces Emergency Services.

SEC. 8088. None of the funds made available in this Act may

be used to approve or license the sale of the F–22 advanced tactical

fighter to any foreign government.

SEC. 8089. (a) The Secretary of Defense may, on a case-by-case

basis, waive with respect to a foreign country each limitation on the

procurement of defense items from foreign sources provided in law

if the Secretary determines that the application of the limitation

with respect to that country would invalidate cooperative programs

entered into between the Department of Defense and the foreign

country, or would invalidate reciprocal trade agreements for the

procurement of defense items entered into under section 2531 of title

10, United States Code, and the country does not discriminate

against the same or similar defense items produced in the United

States for that country.

(b) Subsection (a) applies with respect to— (1) contracts and subcontracts entered into on or after the

date of the enactment of this Act; and

(2) options for the procurement of items that are exercised

after such date under contracts that are entered into before such

date if the option prices are adjusted for any reason other than

the application of a waiver granted under subsection (a).

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section 11 (chapters 50–65) of

the Harmonized Tariff Schedule and products classified under

headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218

through 7229, 7304.41 through 7304.49, 7306.40, 7502 through

7508, 8105, 8108, 8109, 8211, 8215, and 9404.

SEC. 8090. Funds made available to the Civil Air Patrol in this

Act under the heading ‘‘Drug Interdiction and Counter-Drug Activities, Defense’’ may be used for the Civil Air Patrol Corporation’s

counterdrug program, including its demand reduction program involving youth programs, as well as operational and training drug

reconnaissance missions for Federal, State, and local government

agencies; and for equipment needed for mission support or performance: Provided, That the Department of the Air Force should waive

reimbursement from the Federal, State, and local government agencies for the use of these funds.

SEC. 8091. Section 8125 of the Department of Defense Appropriations Act, 2001 (Public Law 106–259), is hereby repealed.

SEC. 8092. Of the funds appropriated in this Act under the

heading ‘‘Research, Development, Test and Evaluation, Navy’’, up to

39

$2,600,000 may be made available for a Maritime Fire Training

Center at Barbers Point, including provision for laboratories, construction, and other efforts associated with research, development,

and other programs of major importance to the Department of Defense.

SEC. 8093. (a) PROHIBITION.—None of the funds made available

by this Act may be used to support any training program involving

a unit of the security forces of a foreign country if the Secretary of

Defense has received credible information from the Department of

State that the unit has committed a gross violation of human rights,

unless all necessary corrective steps have been taken.

(b) MONITORING.—The Secretary of Defense, in consultation

with the Secretary of State, shall ensure that prior to a decision to

conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces.

(c) WAIVER.—The Secretary of Defense, after consultation with

the Secretary of State, may waive the prohibition in subsection (a)

if he determines that such waiver is required by extraordinary circumstances.

(d) REPORT.—Not more than 15 days after the exercise of any

waiver under subsection (c), the Secretary of Defense shall submit

a report to the congressional defense committees describing the extraordinary circumstances, the purpose and duration of the training

program, the United States forces and the foreign security forces involved in the training program, and the information relating to

human rights violations that necessitates the waiver.

SEC. 8094. The Secretary of Defense, in coordination with the

Secretary of Health and Human Services, may carry out a program

to distribute surplus dental equipment of the Department of Defense, at no cost to the Department of Defense, to Indian health service facilities and to federally-qualified health centers (within the

meaning of section 1905(l)(2)(B) of the Social Security Act (42

U.S.C. 1396d(l)(2)(B))).

SEC. 8095. The total amount appropriated in this Act is hereby reduced by $240,000,000 to reflect savings from favorable foreign

currency fluctuations, to be derived as follows: ‘‘Military Personnel, Army’’, $39,400,000; ‘‘Military Personnel, Navy’’, $800,000; ‘‘Military Personnel, Marine Corps’’, $9,900,000; ‘‘Military Personnel, Air Force’’, $19,500,000; ‘‘Operation and Maintenance, Army’’, $87,600,000; ‘‘Operation and Maintenance, Navy’’, $18,300,000; ‘‘Operation and Maintenance, Marine Corps’’, $1,300,000; ‘‘Operation and Maintenance, Air Force’’, $33,800,000; and ‘‘Operation and Maintenance, Defense-Wide’’, $29,400,000.

SEC. 8096. None of the funds appropriated or made available

in this Act to the Department of the Navy shall be used to develop,

lease or procure the T–AKE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis

by certifying in writing to the Committees on Appropriations of the

House of Representatives and the Senate that adequate domestic

40

supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made

in order to acquire capability for national security purposes or there

exists a significant cost or quality difference.

SEC. 8097. The budget of the President for fiscal year 2003 submitted to the Congress pursuant to section 1105 of title 31, United

States Code, and each annual budget request thereafter, shall include separate budget justification documents for costs of United

States Armed Forces’ participation in contingency operations for the

Military Personnel accounts, the Overseas Contingency Operations

Transfer Fund, the Operation and Maintenance accounts, and the

Procurement accounts: Provided, That these budget justification

documents shall include a description of the funding requested for

each anticipated contingency operation, for each military service, to

include active duty and Guard and Reserve components, and for

each appropriation account: Provided further, That these documents

shall include estimated costs for each element of expense or object

class, a reconciliation of increases and decreases for ongoing contingency operations, and programmatic data including, but not limited

to troop strength for each active duty and Guard and Reserve component, and estimates of the major weapons systems deployed in

support of each contingency: Provided further, That these documents

shall include budget exhibits OP–5 and OP–32, as defined in the

Department of Defense Financial 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,

41

Test and Evaluation, Defense-Wide’’ for any advanced concept technology demonstration project may only be obligated 30 days after a

report, including a description of the project and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense

may waive this restriction on a case-by-case basis by certifying to

the congressional defense committees that it is in the national interest to do so.

SEC. 8101. Notwithstanding any other provision of law, for the

purpose of establishing all Department of Defense policies governing

the provision of care provided by and financed under the military

health care system’s case management program under 10 U.S.C.

1079(a)(17), the term ‘‘custodial care’’ shall be defined as care designed essentially to assist an individual in meeting the activities

of daily living and which does not require the supervision of trained

medical, nursing, paramedical or other specially trained individuals: Provided, That the case management program shall provide

that members and retired members of the military services, and

their dependents and survivors, have access to all medically necessary health care through the health care delivery system of the

military services regardless of the health care status of the person

seeking the health care: Provided further, That the case management program shall be the primary obligor for payment of medically

necessary services and shall not be considered as secondarily liable

to title XIX of the Social Security Act, other welfare programs or

charity based care.

SEC. 8102. Notwithstanding any other provision in this Act, the

total amount appropriated in this Act is hereby reduced by

$262,000,000, to reduce cost growth in travel, to be distributed as

follows: ‘‘Operation and Maintenance, Army’’, $21,000,000; ‘‘Operation and Maintenance, Navy’’, $14,000,000; ‘‘Operation and Maintenance, Marine Corps’’, $4,000,000; ‘‘Operation and Maintenance, Air Force’’, $180,000,000;

‘‘Operation and Maintenance, Defense-wide’’, $20,000,000;

‘‘Operation and Maintenance, Army Reserve’’, $4,000,000;

‘‘Operation and Maintenance, Navy Reserve’’, 2,000,000;

‘‘Operation and Maintenance, Air Force Reserve’’,

$5,000,000;

‘‘Operation and Maintenance, Army National Guard’’,

$6,000,000; and

‘‘Operation and Maintenance, Air National Guard’’,

$6,000,000.

SEC. 8103. During the current fiscal year, refunds attributable

to the use of the Government travel card, refunds attributable to the

use of the Government Purchase Card and refunds attributable to

official Government travel arranged by Government Contracted

Travel Management Centers may be credited to operation and maintenance accounts of the Department of Defense which are current

when the refunds are received.

SEC. 8104. (a) REGISTERING FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFI- CER.—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

42

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 MAN- AGEMENT MODERNIZATION PLAN.—(1) During the current fiscal

year, a financial management major automated information system

may not receive Milestone I approval, Milestone II approval, or

Milestone III approval, or their equivalent, within the Department

of Defense until the Under Secretary of Defense (Comptroller) certifies, with respect to that milestone, that the system is being developed in accordance with the Department’s Financial Management

Modernization Plan. The Under Secretary of Defense (Comptroller)

may require additional certifications, as appropriate, with respect to

any such system.

(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications under

paragraph (1).

(c) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘Chief Information Officer’’ means the senior

official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United

States Code.

(2) The term ‘‘information technology system’’ has the

meaning given the term ‘‘information technology’’ in section

5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

(3) The term ‘‘major automated information system’’ has the

meaning given that term in Department of Defense Directive

5000.1.

SEC. 8105. During the current fiscal year, none of the funds

available to the Department of Defense may be used to provide support to another department or agency of the United States if such

department or agency is more than 90 days in arrears in making

payment to the Department of Defense for goods or services previously provided to such department or agency on a reimbursable

basis: Provided, That this restriction shall not apply if the department is authorized by law to provide support to such department or

agency on a nonreimbursable basis, and is providing the requested

support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis

by certifying in writing to the Committees on Appropriations of the

House of Representatives and the Senate that it is in the national

security interest to do so.

SEC. 8106. None of the funds provided in this Act may be used

to transfer to any nongovernmental entity ammunition held by the

Department of Defense that has a center-fire cartridge and a United

States military nomenclature designation of ‘‘armor penetrator’’,

‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or

‘‘armor-piercing incendiary-tracer (API–T)’’, except to an entity performing demilitarization services for the Department of Defense

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faction of the Department of Defense that armor piercing projectiles

are either: (1) rendered incapable of reuse by the demilitarization

process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.

SEC. 8107. Notwithstanding any other provision of law, the

Chief of the National Guard Bureau, or his designee, may waive

payment of all or part of the consideration that otherwise would be

required under 10 U.S.C. 2667, in the case of a lease of personal

property for a period not in excess of 1 year to any organization

specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal

non-profit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis.

SEC. 8108. None of the funds appropriated by this Act shall be

used for the support of any nonappropriated funds activity of the

Department of Defense that procures malt beverages and wine with

nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the

United States unless such malt beverages and wine are procured

within that State, or in the case of the District of Columbia, within

the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation

is located in more than one State, purchases may be made in any

State in which the installation is located: Provided further, That

such local procurement requirements for malt beverages and wine

shall apply to all alcoholic beverages only for military installations

in States which are not contiguous with another State: Provided

further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be

procured from the most competitive source, price and other factors

considered.

SEC. 8109. During the current fiscal year, under regulations

prescribed by the Secretary of Defense, the Center of Excellence for

Disaster Management and Humanitarian Assistance may also pay,

or authorize payment for, the expenses of providing or facilitating

education and training for appropriate military and civilian personnel of foreign countries in disaster management, peace operations, and humanitarian assistance.

SEC. 8110. (a) The Department of Defense is authorized to enter

into agreements with the Veterans Administration and federallyfunded 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.

44

(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, DefenseWide’’, $131,700,000 shall be made available for the Arrow missile defense program: Provided, That of this amount, $97,700,000 shall

be made available for the purpose of continuing the Arrow System

Improvement Program (ASIP), continuing ballistic missile defense

interoperability with Israel, and establishing an Arrow production

capability in the United States: Provided further, That the remainder, $34,000,000, shall be available for the purpose of adjusting the

cost-share of the parties under the Agreement between the Department of Defense and the Ministry of Defense of Israel for the Arrow

Deployability Program.

SEC. 8113. Funds available to the Department of Defense for

the Global Positioning System during the current fiscal year may be

used to fund civil requirements associated with the satellite and

ground control segments of such system’s modernization program.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8114. Of the amounts appropriated in this Act under the

heading, ‘‘Operation and Maintenance, Defense-Wide’’, $115,000,000

shall remain available until expended: Provided, That notwithstanding any other provision of law, the Secretary of Defense is authorized 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,

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 DeVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00048 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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fense: Provided, That the Secretary of Defense shall make a grant

in the amount of $4,250,000 to the National D-Day Museum.

SEC. 8118. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10

U.S.C. 113 note) shall continue in effect to apply to disbursements

that are made by the Department of Defense in fiscal year 2002.

SEC. 8119. In addition to amounts provided in this Act, $1,700,000 is hereby appropriated for ‘‘Defense Health Program’’, to

remain available for obligation until expended: Provided, That notwithstanding any other provision of law, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for

the construction and furnishing of additional Fisher Houses to meet

the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

SEC. 8120. (a) Section 8162 of the Department of Defense Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106–79) is

amended—

(1) by redesignating subsection (m) as subsection (o); and

(2) by adding after subsection (l) the following: ‘‘(m) AUTHORITY TO ESTABLISH MEMORIAL.—

‘‘(1) IN GENERAL.—The Commission may establish a permanent memorial to Dwight D. Eisenhower on land under the jurisdiction of the Secretary of the Interior in the District of Columbia or its environs.

‘‘(2) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE

WORKS.—The establishment of the memorial shall be in accordance with the Commemorative Works Act (40 U.S.C. 1001 et

seq.).’’.

(b) Section 8162 of the Department of Defense Appropriations

Act, 2000 (16 U.S.C. 431 note; Public Law 106–79) is amended—

(1) in subsection (j)(2), by striking ‘‘accept gifts’’ and inserting ‘‘solicit and accept contributions’’; and

(2) by inserting after subsection (m) (as added by subsection

(a)(2)) the following:

‘‘(n) MEMORIAL FUND.— ‘‘(1) ESTABLISHMENT.—There is created in the Treasury a

fund for the memorial to Dwight D. Eisenhower that includes

amounts contributed under subsection (j)(2). ‘‘(2) USE OF FUND.—The fund shall be used for the expenses

of establishing the memorial. ‘‘(3) INTEREST.—The Secretary of the Treasury shall credit

to the fund the interest on obligations held in the fund.’’. (c) In addition to the amounts appropriated or otherwise made

available elsewhere in this Act for the Department of Defense,

$2,600,000, to remain available until expended is hereby appropriated to the Department of Defense: Provided, That the Secretary

of Defense shall make a grant in the amount of $2,600,000 to the

Dwight D. Eisenhower Memorial Commission for direct administrative support.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8121. In addition to the amounts appropriated elsewhere

in this Act, $1,700,000, to remain available until expended, is hereby appropriated to the Department of Defense: Provided, That not

46

later than 30 days after the enactment of this Act, the Secretary of

Defense shall transfer these funds to the Department of Energy appropriation account ‘‘Fossil Energy Research and Development’’, only for a proposed conceptual design study to examine the feasibility of a zero emissions, steam injection process with possible applications for increased power generation efficiency, enhanced oil recovery and carbon sequestration.

SEC. 8122. In addition to amounts appropriated elsewhere in this Act, $8,000,000 shall be available only for the settlement of subcontractor claims for payment associated with the Air Force contract

F19628–97–C–0105, Clear Radar Upgrade, at Clear AFS, Alaska:

Provided, That all affected subcontractors shall mutually resolve the

amounts claimed for payment by cooperative negotiation, thirdparty mediation or other form of alternative dispute resolution and

shall present such claims to the Secretary of the Air Force: Provided

further, That the Secretary of the Air Force shall evaluate claims as

may be submitted by subcontractors, engaged under the contract,

and, notwithstanding any other provision of law shall pay such

amounts from the funds provided in this paragraph which the Secretary deems appropriate to settle completely any claims which the

Secretary determines to have merit, with no right of appeal in any

forum: Provided further, That subcontractors are to be paid interest,

calculated in accordance with the Contract Disputes Act of 1978, 41

U.S.C. Sections 601–613, on any claims which the Secretary determines to have merit: Provided further, That the Secretary of the Air

Force may delegate evaluation and payment as above to the U.S.

Army Corps of Engineers, Alaska District on a reimbursable basis.

SEC. 8123. Notwithstanding any other provision of this Act, the

total amount appropriated in this Act is hereby reduced by

$1,650,000,000, to reflect savings to be achieved from business process reforms, management efficiencies, and procurement of administrative and management support: Provided, That none of the funds

provided in this Act may be used for consulting and advisory services for legislative affairs and legislative liaison functions.

SEC. 8124. Funds appropriated for Operation and Maintenance

in title II of this Act may be used to complete certain projects for

which funds have been provided from— (1) amounts appropriated for ‘‘Operation and Maintenance,

Navy’’ in section 110 of the Emergency Supplemental Act, 2000

(division B of Public Law 106–246; 114 Stat. 530); or

(2) amounts appropriated for ‘‘Operation and Maintenance,

Navy’’ in section 9001(a)(2)(i) of the Department of Defense Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 709).

SEC. 8125. In addition to amounts provided elsewhere in this

Act, $17,900,000 is hereby appropriated for the Secretary of Defense,

to remain available until expended, to establish a Regional Defense

Counter-terrorism Fellowship Program: Provided, That funding provided herein may be used by the Secretary to fund foreign military

officers to attend U.S. military educational institutions and selected

regional centers for non-lethal training: Provided further, That

United States Regional Commanders in Chief will be the nominative authority for candidates and schools for attendance with

joint staff review and approval by the Secretary of Defense: Provided further, That the Secretary of Defense shall establish rules to

govern the administration of this program.

47

SEC. 8126. Notwithstanding any other provision of law, from

funds appropriated in this or any other Act under the heading, ‘‘Aircraft Procurement, Air Force’’, that remain available for obligation,

not to exceed $26,700,000 shall be available for recording, adjusting, and liquidating obligations for the C–17 aircraft properly

chargeable to the fiscal year 1998 and 1999 ‘‘Aircraft Procurement,

Air Force’’ account: Provided, That the Secretary of the Air Force

shall notify the congressional defense committees 30 days prior to

obligation of all of the specific sources of funds to be used for such

purpose.

SEC. 8127. Notwithstanding any other provision of law, from

funds appropriated in this or any other Act under the heading,

‘‘Missile Procurement, Air Force’’, that remain available for obligation, not to exceed $50,000,000 shall be available for recording, adjusting, and liquidating obligations properly chargeable to fiscal

year 1997 and 1998 ‘‘Missile Procurement, Air Force’’ accounts: Provided, That the Secretary of the Air Force shall notify the congressional defense committees 30 days prior to obligation of all of the

specific sources of funds to be used for such purpose.

SEC. 8128. Notwithstanding any provisions of the Southern Nevada Public Land Management Act of 1998, Public Law 105–263,

or the land use planning provision of Section 202 of the Federal

Land Policy and Management Act of 1976, Public Law 94–579, or

of any other law to the contrary, the Secretary of the Interior may

acquire non-federal lands adjacent to Nellis Air Force Base, through

a land exchange in Nevada, to ensure the continued safe operation

of live ordnance departure areas at Nellis Air Force Base, Las

Vegas, Nevada. The Secretary of the Air Force shall identify up to

220 acres of non-federal lands needed to ensure the continued safe

operation of the live ordnance departure areas at Nellis Air Force

Base. Any such identified property acquired by exchange by the Secretary of the Interior shall be transferred by the Secretary of the Interior to the jurisdiction, custody, and control of the Secretary of the

Air Force to be managed as a part of Nellis Air Force Base. To the

extent the Secretary of the Interior is unable to acquire non-federal

lands by exchange, the Secretary of the Air Force is authorized to

purchase those lands at fair market value subject to available appropriations.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8129. Of the amounts appropriated in this Act under the

heading, ‘‘Shipbuilding and Conversion, Navy’’, $729,248,000 shall

be available until September 30, 2002, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this Act,

the Secretary of the Navy shall transfer such funds to the following

appropriations in the amounts specified: Provided further, That the

amounts transferred shall be merged with and be available for the

same purposes as the appropriations to which transferred:

To:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1995/2002’’:

Carrier Replacement Program, $169,364,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1996/2002’’:

48

LPD–17 Amphibious Transport Dock Ship Pro- gram, $172,989,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1997/2002’’:

DDG–51 Destroyer Program, $35,200,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1998/2002’’:

NSSN Program, $166,561,000;

DDG–51 Destroyer Program, $108,457,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1999/2002’’:

NSSN Program, $60,429,000.

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2001/2005’’:

Submarine Refuelings, $16,248,000.

(TRANSFER OF FUNDS)

SEC. 8130. Upon enactment of this Act, the Secretary of the

Navy shall make the following transfers of funds: Provided, That

the amounts transferred shall be available for the same purpose as

the appropriations to which transferred, and for the same time period as the appropriation from which transferred: Provided further,

That the amounts shall be transferred between the following appropriations in the amount specified:

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1990/2002’’:

TRIDENT ballistic missile submarine program, $78,000;

SSN–21 attack submarine program, $66,000;

DDG–51 destroyer program, $6,100,000;

ENTERPRISE refueling/modernization program, $964,000;

LSD–41 dock landing ship cargo variant ship program, $237,000;

MCM mine countermeasures program, $118,000;

Oceanographic ship program, $2,317,000;

AOE combat support ship program, $164,000;

AO conversion program, $56,000;

Coast Guard icebreaker ship program, $863,000;

Craft, outfitting, post delivery, and ship special support

equipment, $529,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1998/2002’’: DDG–51 destroyer program, $11,492,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1993/2002’’:

DDG–51 destroyer program, $3,986,000;

LHD–1 amphibious assault ship program, $85,000;

LSD–41 dock landing ship cargo variant program, $428,000;

AOE combat support ship program, $516,000;

Craft, outfitting, post delivery, and first destination transportation, and inflation adjustments, $1,034,000;

49

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1998/2002’’: DDG–51 destroyer program, $6,049,000.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8131. Of the funds appropriated by this Act under the

heading, ‘‘Operation and Maintenance, Navy’’, $56,000,000 shall remain available until expended, only for costs associated with the

stabilization, return, refitting, necessary force protection upgrades,

and repair of the U.S.S. COLE: Provided, That the Secretary of Defense may transfer these funds to appropriations accounts for procurement and that the funds transferred shall be merged with and

shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further,

That the transfer authority provided in this section is in addition

to any other transfer authority available to the Department of Defense.

SEC. 8132. (a) The Secretary of Defense shall convey to

Gwitchyaa Zhee Corporation the lands withdrawn by Public Land

Order No. 1996, Lot 1 of United States Survey 7008, Public Land

Order No. 1396, a portion of Lot 3 of United States Survey 7161,

lands reserved pursuant to the instructions set forth at page 513 of

volume 44 of the Interior Land Decisions issued January 13, 1916,

Lot 13 of United States Survey 7161, Lot 1 of United States Survey

7008 described in Public Land Order No. 1996, and Lot 13 of the

United States Survey 7161 reserved pursuant to the instructions set

forth at page 513 of volume 44 of the Interior Land Decisions issued

January 13, 1916.

(b) Following site restoration and survey by the Department of

the Air Force that portion of Lot 3 of United States Survey 7161

withdrawn by Public Land Order No. 1396 and no longer needed

by the Air Force shall be conveyed to Gwitchyaa Zhee Corporation.

SEC. 8133. The Secretary of the Navy may settle, or compromise, and pay any and all admiralty claims under 10 U.S.C.

7622 arising out of the collision involving the U.S.S.

GREENEVILLE and the EHIME MARU, in any amount and without regard to the monetary limitations in subsections (a) and (b) of

that section: Provided, That such payments shall be made from

funds available to the Department of the Navy for operation and

maintenance.

SEC. 8134. Notwithstanding section 229(a) of the Social Security Act, no wages shall be deemed to have been paid to any individual pursuant to that section in any calendar year after 2001.

SEC. 8135. The total amount appropriated in this Act is hereby

reduced by $105,000,000 to reflect fact-of-life changes in utilities

costs, to be derived as follows:

‘‘Operation and Maintenance, Army’’, $34,700,000;

‘‘Operation and Maintenance, Navy’’, $8,800,000;

‘‘Operation and Maintenance, Marine Corps’’, $7,200,000;

‘‘Operation and Maintenance, Air Force’’, $28,800,000;

‘‘Operation and Maintenance, Defense-Wide’’, $4,500,000;

‘‘Operation and Maintenance, Army Reserve’’, $2,700,000;

‘‘Operation and Maintenance, Army National Guard’’,

$2,700,000;

50

‘‘Operation and Maintenance, Air National Guard’’,

$3,400,000;

‘‘Defense Working Capital Funds’’, $7,100,000; and

‘‘Defense Health Program’’, $5,100,000.

SEC. 8136. (a) Of the total amount appropriated for ‘‘Operation

and Maintenance, Air Force’’, $2,100,000, to remain available until

expended, shall be available to the Secretary of the Air Force only

for the purpose of making a grant in the amount of $2,100,000 to

the Lafayette Escadrille Memorial Foundation, Inc., to be used to

perform the repair, restoration, and preservation of the structure,

plaza, and surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-Coguette, France.

(b) The Secretary shall require as a condition of the grant—

(1) that the funds provided through the grant be used only

for costs associated with such repair, restoration, and preservation; and

(2) that none of those funds may be used for remuneration

of any entity or individual associated with fund raising for the

project to carry out such repair, restoration, and preservation.

SEC. 8137. (a) DESIGNATION OF NATIONAL MEMORIAL.—The

five-foot-tall white cross first erected by the Veterans of Foreign

Wars of the United States in 1934 along Cima Road in San

Bernardino County, California, and now located within the boundary of the Mojave National Preserve, as well as a limited amount

of adjoining Preserve property to be designated by the Secretary of

the Interior, is hereby designated as a national memorial commemorating United States participation in World War I and honoring the

American veterans of that war.

(b) LEGAL DESCRIPTION.—The memorial cross referred to in

subsection (a) is located at latitude 35.316 North and longitude

115.548 West. The exact acreage and legal description of the property to be included by the Secretary of the Interior in the national

World War I memorial shall be determined by a survey prepared by

the Secretary.

(c) REINSTALLATION OF MEMORIAL PLAQUE.—The Secretary of

the Interior shall use not more than $10,000 of funds available for

the administration of the Mojave National Preserve to acquire a replica of the original memorial plaque and cross placed at the national World War I memorial designated by subsection (a) and to

install the plaque in a suitable location on the grounds of the memorial.

SEC. 8138. In addition to the amounts provided elsewhere in

this Act, the amount of $4,200,000 is hereby appropriated to the Department of Defense for ‘‘Operation and Maintenance, Navy’’. Such

amount shall be used by the Secretary of the Navy only to make a

grant in the amount of $4,200,000 to the U.S.S. Alabama Battleship

Foundation, a nonprofit organization established under the laws of

the State of Alabama, to be available only for the preservation of the

former U.S.S. ALABAMA (ex BB–60) as a museum and memorial.

SEC. 8139. In addition to the amounts provided elsewhere in

this Act, the amount of $4,250,000 is hereby appropriated to the Department of Defense for ‘‘Operation and Maintenance, Navy’’. Such

amount shall be used by the Secretary of the Navy only to make a

grant in the amount of $4,250,000 to the Intrepid Sea-Air-Space

51

Foundation only for the preservation of the former U.S.S. INTREPID (CV 11) as a museum and memorial.

SEC. 8140. In addition to the amounts provided elsewhere in this Act, the amount of $6,000,000 is hereby appropriated to the Department of Defense for ‘‘Operation and Maintenance, Air Force’’. Such amount shall be used by the Secretary of the Air Force only

to make a grant in the amount of $6,000,000 to the Medical Lake

School District, Washington State school district number 326, for

relocation of the Fairchild Air Force Base Elementary School within

the boundary of Fairchild Air Force Base, Washington.

SEC. 8141. In addition to the amounts provided elsewhere in this Act, the amount of $3,500,000 is hereby appropriated to the Department of Defense for ‘‘Operation and Maintenance, Navy’’. Such

amount shall be used by the Secretary of the Navy only to make a

grant in the amount of $3,500,000 to the Central Kitsap School District, Washington State school district number 401, for the purchase

and installation of equipment for a special needs learning center to

meet the needs of Department of Defense special needs students at

Submarine Base Bangor, Washington.

SEC. 8142. (a) In addition to amounts provided elsewhere in this Act, the amount of $8,500,000 is hereby appropriated for ‘‘Operation and Maintenance, Defense-Wide’’, to be available to the Secretary of Defense only for the purpose of making a grant for the purpose specified in section 8156 of the Department of Defense Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 707), as amended by subsection (b). Such grant shall be made not later than 90

days after the date of the enactment of this Act.

(b) Section 8156 of the Department of Defense Appropriations

Act, 2001 (Public Law 106–259; 114 Stat. 707), is amended by striking the comma after ‘‘California’’ the first place it appears and all

that follows through ‘‘96–8867)’’. SEC. 8143. (a) ACTIVITIES UNDER FORMERLY UTILIZED SITES

REMEDIAL ACTION PROGRAM.—Subject to subsections (b) through (e)

of section 611 of Public Law 106–60 (113 Stat. 502; 10 U.S.C. 2701

note), the Secretary of the Army, acting through the Chief of Engineers, under the Formerly Utilized Sites Remedial Action Program

shall undertake the functions and activities specified in subsection

(a) of such section in order to—

(1) clean up radioactive contamination at the Shpack

Landfill site located in Norton and Attleboro, Massachusetts;

and

(2) clean up radioactive waste at the Shallow Land Disposal Area located in Parks Township, Armstrong County,

Pennsylvania, consistent with the Memorandum of Understanding Between the United States Nuclear Regulatory Commission and the United States Army Corps of Engineers for Coordination on Cleanup and Decommissioning of the Formerly

Utilized Sites Remedial Action Program (FUSRAP) Sites with

NRC-Licensed Facilities, dated July 5, 2001.

(b) SPECIAL RULES REGARDING SHALLOW LAND DISPOSAL

AREA.—The Secretary of the Army shall seek to recover response

costs incurred by the Army Corps of Engineers for cleanup of the

Shallow Land Disposal Area from appropriate responsible parties

in accordance with the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).

52

The Secretary of the Army and the Corps of Engineers shall not, by

virtue of this cleanup, become liable for the actions or omissions of

past, current, or future licensees, owners, or operators of the Shallow Land Disposal Area.

(c) FUNDING SOURCES.—Amounts appropriated to the Army

Corps of Engineers for fiscal year 2001 and subsequent fiscal years

and available for the Formerly Utilized Sites Remedial Action Program shall be available to carry out this section.

SEC. 8144. In addition to amounts otherwise appropriated or

made available by this Act, $3,000,000 is appropriated to the Secretary of the Air Force and shall be used by the Secretary to reestablish the Tethered Aerostat Radar System at Morgan City, Louisiana, previously used by the Air Force in maritime, air, and land

counter-drug detection and monitoring. Of the amounts appropriated or otherwise made available for operation and maintenance

for the Air Force, the Secretary shall use $3,000,000 to operate such

Tethered Aerostat Radar System upon its reestablishment.

SEC. 8145. The $100,000 limitation established by section 8046

in Public Law 106–79 and section 8043 of Public Law 106–259,

shall not apply to amounts appropriated in that Act under the heading ‘‘Operation and Maintenance, Defense-Wide’’ for expenses related

to certain classified activities associated with foreign material.

SEC. 8146. The total amount appropriated in this Act for Operation and Maintenance is hereby reduced by $100,000,000, to reflect

savings attributable to improved supervision in determining appropriate purchases to be made using the Government purchase card,

to be derived as follows:

‘‘Operation and Maintenance, Army’’, $37,000,000;

‘‘Operation and Maintenance, Navy’’, $29,000,000;

‘‘Operation and Maintenance, Marine Corps’’, $3,000,000;

‘‘Operation and Maintenance, Air Force’’, $24,000,000; and

‘‘Operation and Maintenance, Defense-Wide’’, $7,000,000.

SEC. 8147. The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a comprehensive assessment that

identifies and evaluates changes to Department of Defense and Department of Veterans Affairs health care delivery policies, methods,

practices, and procedures in order to provide improved health care

services at reduced costs to the taxpayer. This assessment shall include a detailed independent review, based on a statement of work

authored by the Secretaries of both departments, of options to collocate or share facilities and care providers in areas where duplication and excess capacity may exist, optimize economies of scale

through joint procurement of supplies and services, institute cooperative service agreements, and partially or fully integrate DOD and

VA systems providing telehealth services, computerized patient

records, provider credentialing, surgical quality assessment, rehabilitation services, administrative services, and centers of excellence

for specialized health care services. The Secretaries shall jointly

transmit a report to Congress by no later than March 1, 2002, explaining the findings and conclusions of this assessment, including

detailed estimates of the costs, cost savings, and service benefits of

each recommendation, and making legislative and administrative

recommendations to implement the results of this effort: Provided,

That of the funds provided under the heading ‘‘Defense Health ProVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00056 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
53

gram’’ $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 RE- DUCTION.—The amount appropriated in this Act for ‘‘Operation and

Maintenance, Army’’ is hereby reduced by $5,000,000 to reflect efficiencies in Army acquisition management practices.

(b) REPORT TO CONGRESS ON ARMY REORGANIZATION.—The

Secretary of the Army shall submit a report to the congressional defense committees no later than April 15, 2002 providing a detailed

explanation of the final plans for realigning Army requirements

generation, acquisition, resource management, and Departmental

headquarters functions and systems. Such report shall include an

independent assessment of the Army plan by the Center for Naval

Analyses. Such report shall also include an analysis of the annual

budget and personnel savings derived from this reorganization plan

by major function compared to the fiscal year 2001 baseline for fiscal years 2002 through 2008.

SEC. 8150. (a) NON-PROFIT ARMY VENTURE CAPITAL CORPORA- TION.—Of the funds made available for ‘‘Research, Development,

Test and Evaluation, Army’’, $25,000,000 shall be available to the

Secretary of the Army only for the purpose of funding a venture capital investment corporation established pursuant to section 2371 of

title 10 United States Code, to be derived as specified in subsection

(b).

(b) FUNDING.—The amount specified in subsection (a) shall be

derived by reducing, on a pro rata basis, amounts made available

to the Army for basic research and applied research, except for

amounts for research projects designated as congressional special

interest items and amounts available to the Army for research, development, test, and evaluation relating to the Future Combat System.

SEC. 8151. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of 38

U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2) as well

as the following:

Pharmacists, Audiologists, and Dental Hygienists.

(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall

apply.

(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not

apply.

54

SEC. 8152. (a) The Secretary of Defense may waive any requirement that the fiscal year 2001 Department of Defense financial

statement include the accounts and associated activities of the Department of the Army and the Department of the Navy, to the extent

that the Secretary determines necessary due to the effects of the terrorist attack on the Pentagon of September 11, 2001.

(b) If any accounts and associated activities of the Department

of the Army or the Department of the Navy are excluded from the

fiscal year 2001 Department of Defense financial statement pursuant to subsection (a), the Secretary of Defense shall, as soon as practicable after March 1, 2002, prepare and submit to the Director of

the Office of Management and Budget, a revised audited financial

statement for fiscal year 2001 that includes all such accounts and

activities.

(c) For purposes of this section, the term ‘‘fiscal year 2001 Department of Defense financial statement’’ means the audited financial statement of the Department of Defense for fiscal year 2001 required by section 3515 of title 31, United States Code, to be submitted to the Director of the Office of Management and Budget not

later than March 1, 2002.

SEC. 8153. Notwithstanding any other provision of this Act, the

Secretary of the Air Force may enter into a multiyear contract, or

extend an existing multiyear contract, for the C–17 aircraft: Provided, That the authority to enter into such a contract (or contract

extension) may not be exercised until a period of not less than 30

days has elapsed after the date of the submission of a report under

paragraph (4) of section 2306b(l) of title 10, United States Code:

Provided further, That the authorities provided in this section shall

not be available until the Secretary of Defense submits to the congressional defense committees a certification that the applicable requirements under section 2306b of title 10, United States Code, and

section 8008 of this Act with respect to such a contract (or contract

extension) have been met.

SEC. 8154. Notwithstanding any other provision of law, of the

funds appropriated in this Act under the heading ‘‘Operation and

Maintenance, Defense-Wide’’, $1,450,000, to remain available until

expended, is provided only for payment of any expenses incurred

after April 1, 2002 of the Commission on the Future of the United

States Aerospace Industry pursuant to section 1092(e)(1) of the

Floyd D. Spence National Defense Authorization Act for Fiscal Year

2001 (as enacted by Public Law 106–398; 114 Stat. 165A–215).

SEC. 8155. Of the funds appropriated in this Act under the

heading ‘‘Operation and Maintenance, Defense-Wide’’, $1,000,000, to

remain available until expended, shall be made available to the Secretary of Defense, notwithstanding any other provision of law, only

for a grant or grants to the Somerset County Board of Commissioners (in the Commonwealth of Pennsylvania), to design and construct a memorial (including operating and maintenance expenses

for appropriate security measures to protect the site) at the airplane

crash site in Somerset County, Pennsylvania honoring the brave

men, women, and children who perished following a valiant struggle with terrorists aboard United Airlines Flight 93 on September

11, 2001.

SEC. 8156. (a) FINDINGS.—The Congress finds that—

55

(1) in times when our national security is threatened by

possible attacks from foreign and domestic enemies, it is necessary that the United States have a sufficient supply of certain

products that are essential for defending this Nation; and

(2) it has been the consistent intent of Congress that the Department of Defense, when purchasing items to support the

Armed Forces, choose items that are wholly of domestic content

and manufacture, especially items identified as essential to our

national defense.

(b) SENSE OF CONGRESS.—It is the sense of Congress that— (1) it is vital that the United States maintain a domestic

manufacturing base for certain products necessary to national

security, so that our Nation does not become reliant on foreign

sources for such products and thereby vulnerable to disruptions

in international trade; and

(2) in cases where such domestic manufacturing base is

threatened, the United States should take action to preserve

such manufacturing base.

SEC. 8157. (a) Not later than February 1, 2002, the Secretary

of Defense shall report to the congressional defense committees on

the status of the safety and security of munitions shipments that use

commercial trucking carriers within the United States.

(b) REPORT ELEMENTS.—The report under subsection (a) shall

include the following:

(1) An assessment of the Department of Defense’s policies

and practices for conducting background investigations of current and prospective drivers of munitions shipments.

(2) A description of current requirements for periodic safety

and security reviews of commercial trucking carriers that carry

munitions.

(3) A review of the Department of Defense’s efforts to establish uniform safety and security standards for cargo terminals

not operated by the Department that store munitions shipments.

(4) An assessment of current capabilities to provide for escort security vehicles for shipments that contain dangerous munitions or sensitive technology, or pass through high-risk areas.

(5) A description of current requirements for depots and

other defense facilities to remain open outside normal operating

hours to receive munitions shipments.

(6) Legislative proposals, if any, to correct deficiencies identified by the Department of Defense in the report under subsection (a).

(c) Not later than six months after enactment of this Act, the

Secretary shall report to Congress on safety and security procedures

used for U.S. munitions shipments in European NATO countries,

and provide recommendations on what procedures or technologies

used in those countries should be adopted for shipments in the

United States.

SEC. 8158. In addition to the amounts appropriated or otherwise made available elsewhere in this Act for the Department of Defense, $15,000,000, to remain available until September 30, 2002 is

hereby appropriated to the Department of Defense: Provided, That

the Secretary of Defense shall make a grant in the amount of

$15,000,000 to the Citadel for the Padgett Thomas Barracks in

Charleston, South Carolina.

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SEC. 8159. MULTI-YEAR AIRCRAFT LEASE PILOT PROGRAM. (a)

The Secretary of the Air Force may, from funds provided in this Act

or any future appropriations Act, establish and make payments on

a multi-year pilot program for leasing general purpose Boeing 767

aircraft and Boeing 737 aircraft in commercial configuration.

(b) Sections 2401 and 2401a of title 10, United States Code,

shall not apply to any aircraft lease authorized by this section.

(c) Under the aircraft lease Pilot Program authorized by this

section:

(1) The Secretary may include terms and conditions in

lease agreements that are customary in aircraft leases by a nonGovernment lessor to a non-Government lessee, but only those

that are not inconsistent with any of the terms and conditions

mandated herein.

(2) The term of any individual lease agreement into which

the Secretary enters under this section shall not exceed 10 years,

inclusive of any options to renew or extend the initial lease

term.

(3) The Secretary may provide for special payments in a

lessor if the Secretary terminates or cancels the lease prior to

the expiration of its term. Such special payments shall not exceed an amount equal to the value of one year’s lease payment

under the lease.

(4) Subchapter IV of chapter 15 of Title 31, United States

Code shall apply to the lease transactions under this section, except that the limitation in section 1553(b)(2) shall not apply.

(5) The Secretary shall lease aircraft under terms and conditions consistent with this section and consistent with the criteria for an operating lease as defined in OMB Circular A–11,

as in effect at the time of the lease.

(6) Lease arrangements authorized by this section may not

commence until:

(A) The Secretary submits a report to the congressional

defense committees outlining the plans for implementing

the Pilot Program. The report shall describe the terms and

conditions of proposed contracts and describe the expected

savings, if any, comparing total costs, including operation,

support, acquisition, and financing, of the lease, including

modification, with the outright purchase of the aircraft as

modified.

(B) A period of not less than 30 calendar days has

elapsed after submitting the report.

(7) Not later than 1 year after the date on which the first

aircraft is delivered under this Pilot Program, and yearly thereafter on the anniversary of the first delivery, the Secretary shall

submit a report to the congressional defense committees describing the status of the Pilot Program. The Report will be based

on at least 6 months of experience in operating the Pilot Program.

(8) The Air Force shall accept delivery of the aircraft in a

general purpose configuration.

(9) At the conclusion of the lease term, each aircraft obtained under that lease may be returned to the contractor in the

same configuration in which the aircraft was delivered.

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(10) The present value of the total payments over the duration of each lease entered into under this authority shall not exceed 90 percent of the fair market value of the aircraft obtained

under that lease.

(d) No lease entered into under this authority shall provide

for— (1) the modification of the general purpose aircraft from the

commercial configuration, unless and until separate authority

for such conversion is enacted and only to the extent budget authority is provided in advance in appropriations Acts for that

purpose; or

(2) the purchase of the aircraft by, or the transfer of ownership to, the Air Force.

(e) The authority granted to the Secretary of the Air Force by

this section is separate from and in addition to, and shall not be

construed to impair or otherwise affect, the authority of the Secretary to procure transportation or enter into leases under a provision of law other than this section.

(f) The authority provided under this section may be used to

lease not more than a total of one hundred Boeing 767 aircraft and

four Boeing 737 aircraft for the purposes specified herein.

SEC. 8160. From within amounts made available in the Title

II of this Act, under the heading ‘‘Operation and Maintenance,

Army National Guard’’, and notwithstanding any other provision of law, $2,200,000 shall be available only for repairs and safety improvements to the segment of Camp McCain Road which extends

from Highway 8 south toward the boundary of Camp McCain, Mississippi and originating intersection of Camp McCain Road; and for

repairs and safety improvements to the segment of Greensboro Road

which connects the Administration Offices of Camp McCain to the

Troutt Rifle Range: Provided, That these funds shall remain available until expended: Provided further, That the authorized scope of

work includes, but is not limited to, environmental documentation

and mitigation, engineering and design, improving safety, resurfacing, widening lanes, enhancing shoulders, and replacing signs

and pavement markings.

SEC. 8161. From funds made available under Title II of this

Act, the Secretary of the Army may make available a grant of

$2,100,000 to the Chicago Park District for renovation of the Broadway Armory, a former National Guard facility in the Edgewater

community in Chicago.

SEC. 8162. SENSE OF CONGRESS CONCERNING THE MILITARY

INDUSTRIAL BASE. (a) IN GENERAL.—It is the sense of the Congress

that the military aircraft industrial base of the United States be

preserved. In order to ensure this we must retain—

(1) adequate competition in the design, engineering, production, sale and support of military aircraft;

(2) continued innovation in the development and manufacture of military aircraft;

(3) actual and future capability of more than one aircraft

company to design, engineer, produce and support military aircraft.

(b) STUDY OF IMPACT ON THE INDUSTRIAL BASE.—In order to

determine the current and future adequacy of the military aircraft

industrial base a study shall be conducted. Of the funds made

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available under the heading ‘‘PROCUREMENT, DEFENSE-WIDE’’ in

this Act, up to $1,500,000 may be made available for a comprehensive analysis of and report on the risks to innovation and cost of

limited or no competition in contracting for military aircraft and related weapon systems for the Department of Defense, including the

cost of contracting where there is no more than one primary manufacturer with the capacity to bid for and build military aircraft and

related weapon systems, the impact of any limited competition in

primary contracting on innovation in the design, development, and

construction of military aircraft and related weapon systems, the

impact of limited competition in primary contracting on the current

and future capacity of manufacturers to design, engineer and build

military aircraft and weapon systems. The Secretary of Defense

shall report to the House and Senate Committees on Appropriations

on the design of this analysis, and shall submit a report to these

committees no later than 6 months from the date of enactment of

this Act.

SEC. 8163. In addition to the amounts appropriated or otherwise made available in this Act, $5,200,000, to remain available

until September 30, 2002, is hereby appropriated to the Department

of Defense: Provided, That the Secretary of Defense shall make a

grant in the amount of $5,200,000 to the Armed Forces Retirement

Homes.

SEC. 8164. (a) ASSESSMENT REQUIRED.—Not later than March

15, 2002, the Secretary of the Army shall submit to the Committees

on Appropriations of the Senate and House of Representatives a report containing an assessment of current risks under, and various

alternatives to, the current Army plan for the destruction of chemical weapons.

(b) ELEMENTS.—The report under subsection (a) shall include

the following:

(1) A description and assessment of the current risks in the

storage of chemical weapons arising from potential terrorist attacks.

(2) A description and assessment of the current risks in the

storage of chemical weapons arising from storage of such weapons after April 2007, the required date for disposal of such

weapons as stated in the Chemical Weapons Convention.

(3) A description and assessment of various options for

eliminating or reducing the risks described in paragraphs (1)

and (2).

(c) CONSIDERATIONS.—In preparing the report, the Secretary

shall take into account the plan for the disassembly and neutralization of the agents in chemical weapons as described in Army engineering studies in 1985 and 1996, the 1991 Department of Defense

Safety Contingency Plan, and the 1993 findings of the National

Academy of Sciences on disassembly and neutralization of chemical

weapons.

SEC. 8165. Of the amount appropriated by title II for operation

and maintenance, Defense-wide, $47,261,000 may be available for

the Defense Leadership and Management Program.

SEC. 8166. SENSE OF THE CONGRESS REGARDING ENVIRONMENTAL CONTAMINATION IN THE PHILIPPINES. It is the sense of the

Congress that—

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(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, 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.

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SEC. 8171. Not later than 180 days after the date of enactment

of this Act, the Secretary of Defense, in cooperation with the Secretaries of State and Energy, shall submit a report to Congress describing the steps that have been taken to develop cooperative threat

reduction programs with India and Pakistan. Such report shall include recommendations for changes in any provision of existing law

that is currently an impediment to the full establishment of such

programs, a timetable for implementation of such programs, and an

estimated five-year budget that will be required to fully fund such

programs.

SEC. 8172. (a) MODIFICATION OF GENERAL REQUIREMENTS.— Section 1078(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106–398;

114 Stat. 1654A–283) is amended— (1) in paragraph (1), by inserting ‘‘, or its contractors or

subcontractors,’’ after ‘‘Department of Defense’’; and

(2) in paragraph (3), by striking ‘‘stored, assembled, disassembled, or maintained’’ and inserting ‘‘manufactured, assembled, or disassembled’’. (b) DETERMINATION OF EXPOSURES AT IAAP.—The Secretary of

Defense shall take appropriate actions to determine the nature and

extent of the exposure of current and former employees at the Army

facility at the Iowa Army Ammunition Plant, including contractor

and subcontractor employees at the facility, to radioactive or other

hazardous substances at the facility, including possible pathways

for the exposure of such employees to such substances.

(c) NOTIFICATION OF EMPLOYEES REGARDING EXPOSURE.—(1)

The Secretary shall take appropriate actions to— (A) identify current and former employees at the facility referred to in subsection (b), including contractor and subcontractor employees at the facility; and

(B) notify such employees of known or possible exposures to

radioactive or other hazardous substances at the facility.

(2) Notice under paragraph (1)(B) shall include—

(A) information on the discussion of exposures covered by

such notice with health care providers and other appropriate

persons who do not hold a security clearance; and

(B) if necessary, appropriate guidance on contacting health

care providers and officials involved with cleanup of the facility

who hold an appropriate security clearance.

(3) Notice under paragraph (1)(B) shall be by mail or other appropriate means, as determined by the Secretary.

(d) DEADLINE FOR ACTIONS.—The Secretary shall complete the

actions required by subsections (b) and (c) not later than 90 days

after the date of the enactment of this Act.

(e) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth the results of the actions undertaken by the Secretary under this section, including any determinations under subsection (b), the number of workers identified

under subsection (c)(1)(A), the content of the notice to such workers

under subsection (c)(1)(B), and the status of progress on the provision of the notice to such workers under subsection (c)(1)(B).

SEC. 8173. None of the funds made available in division A of

this Act may be used to provide support or other assistance to the

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International Criminal court or to any criminal investigation or

other prosecutorial activity of the International Criminal Court.

TITLE IX

COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS

DESTRUCTION

(INCLUDING TRANSFER OF FUNDS)

For protection against terrorist attacks that might employ either

conventional means or weapons of mass destruction, and to prepare

against the consequences of such attacks; to deny unauthorized

users the opportunity to modify, steal, inappropriately disclose, or

destroy sensitive military data or networks; and to accelerate improvements in information networks and operations, $478,000,000:

Provided, That of the amounts made available under this heading,

$333,000,000 is available only for improving force protection and

chemical and biological defense capabilities of the Department of

Defense, and improving capabilities to respond to attacks using

weapons of mass destruction: Provided further, That $70,000,000 is

available only for improving the effectiveness of Department of Defense capabilities in the areas of information assurance and critical

infrastructure protection, and information operations; and

$75,000,000 is available only to develop and demonstrate systems to

protect against unconventional nuclear threats: Provided further,

That in order to carry out the specified purposes under this heading, funds made available under this heading may be transferred

to any appropriation account otherwise enacted by this Act: Provided further, That the funds transferred shall be merged with and

shall be available for the same purposes and for the same time period as the appropriation to which transferred: Provided further,

That the transfer authority provided under this heading is in addition to any other transfer authority available to the Department of

Defense: Provided further, That within 90 days of enactment of this

Act, the Secretary of Defense shall provide to the Congress a report

specifying the projects and accounts to which funds provided under

this heading are to be transferred.

FORMER SOVIET UNION THREAT REDUCTION

For assistance to the republics of the former Soviet Union, including assistance provided by contract or by grants, for facilitating

the elimination and the safe and secure transportation and storage

of nuclear, chemical and other weapons; for establishing programs

to prevent the proliferation of weapons, weapons components, and

weapon-related technology and expertise; for programs relating to

the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and

weapons technology and expertise, and for defense and military contacts, $403,000,000, to remain available until September 30, 2004:

Provided, That of the amounts provided under this heading,

$12,750,000 shall be available only to support the dismantling and

disposal of nuclear submarines and submarine reactor components

in the Russian Far East.

This division may be cited as the ‘‘Department of Defense Appropriations Act, 2002’’.

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DIVISION B—TRANSFERS FROM THE EMERGENCY

RESPONSE FUND PURSUANT TO PUBLIC LAW 107–38

The funds appropriated in Public Law 107–38 subject to subsequent enactment and previously designated as an emergency by the

President and Congress under the Balanced Budget and Emergency

Deficit Control Act of 1985, are transferred to the following chapters

and accounts as follows:

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Office of the Secretary’’,

$80,919,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$40,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

BUILDINGS AND FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Buildings and Facilities’’,

$73,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$105,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, of which

$50,000,000 may be transferred to and merged with the Agricultural Quarantine Inspection User Fee Account.

BUILDINGS AND FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Buildings and Facilities’’,

$14,081,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

FOOD SAFETY AND INSPECTION SERVICE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Food Safety and InspecVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00066 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
63

tion Service’’, $15,000,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

FOOD AND NUTRITION SERVICE

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Special Supplemental

Nutrition Program for Women, Infants, and Children (WIC)’’,

$39,000,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107–38: Provided, That of the amounts provided in this Act and any amounts

available for reallocation in fiscal year 2002, the Secretary shall reallocate funds under section 17(g)(2) of the Child Nutrition Act of

1966 in the manner and under the formula the Secretary deems necessary to respond to the effects of unemployment and other conditions, and starting no later than March 1, 2002, such reallocation

shall occur no less frequently than every other month throughout the

fiscal year.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$151,100,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

INDEPENDENT AGENCY

COMMODITY FUTURES TRADING COMMISSION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Commodity Futures

Trading Commission’’, $16,900,000, to remain available until expended, to be obligated from amounts made available in Public Law

107–38.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 101. Title VI of the Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies Appropriations

Act, 2002 (Public Law 107–76) is amended under the heading ‘‘Food

and Drug Administration, Salaries and Expenses’’ by striking

‘‘$13,207,000’’ and inserting ‘‘$13,357,000’’.

SEC. 102. Section 741(b) of the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (Public Law 107–76), is amended by striking

‘‘20,000,000 pounds’’ and inserting ‘‘5,000,000 pounds’’.

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CHAPTER 2

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

USA PATRIOT ACT ACTIVITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Patriot Act Activities’’,

$5,000,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38, of which up to

$2,000,000 may be available for a feasibility report, as authorized

by Section 405 of Public Law 107–56: Provided, That funding for

the implementation of such enhancements shall be treated as a reprogramming under section 605 of Public Law 107–77 and shall not

be available for obligation or expenditure except in compliance with

the procedures set forth in that section.

ADMINISTRATIVE REVIEW AND APPEALS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Administrative Review

and Appeals’’, $3,500,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,

General Legal Activities’’, $12,500,000, to remain available until expended, to be obligated from amounts made available in Public Law

107–38.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,

United States Attorneys’’, $56,370,000, to remain available until expended, to be obligated from amounts made available in Public Law

107–38.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,

United States Marshals Service’’, $10,200,000, to remain available

until expended, to be obligated from amounts made available in

Public Law 107–38, of which $5,000,000 shall be for courthouse security equipment.

CONSTRUCTION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Construction’’,

$9,125,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

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FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$745,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

ENFORCEMENT AND BORDER AFFAIRS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$449,800,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

CONSTRUCTION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Construction’’,

$99,600,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Justice Assistance’’,

$400,000,000, to remain available until expended, for grants, cooperative agreements, and other assistance authorized by sections 819

and 821 of the Antiterrorism and Effective Death Penalty Act of

1996 and section 1014 of the USA PATRIOT ACT (Public Law 107–

56) and for other counter terrorism programs, to be obligated from

amounts made available in Public Law 107–38, of which $9,800,000

is for an aircraft for counterterrorism and other required activities

for the City of New York.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, $251,100,000 shall be for discretionary grants, including equipment, under the Edward Byrne

Memorial State and Local Law Enforcement Assistance Program, to

remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

CRIME VICTIMS FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Crime Victims Fund’’,

$68,100,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operations and Administration’’, $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operations and Administration’’, $1,756,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Public Telecommunications Facilities, Planning and Construction’’, $8,250,000, to remain available until expended, to be obligated from amounts made

available in Public Law 107–38: Provided, That matching requirements set forth in section 392(b) of the Communications Act of 1934,

as amended, shall not apply to funds provided in this Act.

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$1,500,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Scientific and Technical

Research and Services’’, $5,000,000 for a cyber security initiative, to

remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

CONSTRUCTION OF RESEARCH FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Construction of Research

Facilities’’, $1,225,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

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NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operations, Research,

and Facilities’’, $2,750,000, to remain available until expended, to

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

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $4,776,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

CARE OF THE BUILDING AND GROUNDS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Care of the Building and

Grounds’’, $30,000,000, to remain available until expended for security enhancements, to be obligated from amounts made available in

Public Law 107–38.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $5,000,000, is for Emergency Communications Equipment, to remain available until expended, to be obligated from amounts made

available in Public Law 107–38.

COURT SECURITY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Court Security’’,

$57,521,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, for security of

the Federal judiciary, of which not less than $4,000,000 shall be

available to reimburse the United States Marshals Service for a Supervisory Deputy Marshal responsible for coordinating security in

each judicial district and circuit: Provided, That the funds may be

expended directly or transferred to the United States Marshals Service.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$2,879,000, to remain available until expended, to enhance security

68

at the Thurgood Marshall Federal Judiciary Building, to be obligated from amounts made available in Public Law 107–38.

DEPARTMENT OF STATE AND RELATED AGENCY

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘International Broadcasting Operations’’, $9,200,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38.

BROADCASTING CAPITAL IMPROVEMENTS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Broadcasting Capital Improvements’’, $10,000,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

RELATED AGENCIES

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,’’

$1,301,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $20,705,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

SMALL BUSINESS ADMINISTRATION

BUSINESS LOANS PROGRAM ACCOUNT

For emergency expenses for the cost of loan subsidies and for

loan modifications as authorized by section 203 of this Act, for disaster recovery activities and assistance related to the terrorist acts

in New York, Virginia, and Pennsylvania on September 11, 2001,

for ‘‘Business Loans Program Account’’, $75,000,000, to remain

available until expended, to be obligated from amounts made available in Public Law 107–38.

DISASTER LOANS PROGRAM ACCOUNT

For emergency expenses for the cost of loan subsidies and for

loan modifications as authorized by section 202 of this Act, for disaster recovery activities and assistance related to the terrorist acts

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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-forprofit institutions and small business concerns described in

United States Industry Codes 522320, 522390, 523210, 523920,

523991, 524113, 524114, 524126, 524128, 524210, 524291,

524292, and 524298 of the North American Industry Classification System (as described in 13 C.F.R. 121.201, as in effect on

January 2, 2001);

(ii) the Administrator may apply such size standards as

may be promulgated under such section 121.201 after the date

of enactment of this provision, but no later than one year following the date of enactment of this Act; and

(iii) payments of interest and principal shall be deferred,

and no interest shall accrue during the two-year period following the issuance of such disaster loan.

SEC. 203. Notwithstanding any other provision of law, the limitation on the total amount of loans under section 7(b) of the Small

Business Act (15 U.S.C. 636(b)) outstanding and committed to a

borrower in the disaster areas declared in response to the September

11, 2001, terrorist attacks shall be increased to $10,000,000 and the

Administrator shall, in lieu of the fee collected under section

7(a)(23)(A) of the Small Business Act (15 U.S.C. 636(a)(23)(A)), collect an annual fee of 0.25 percent of the outstanding balance of deferred participation loans made under section 7(a) to small businesses adversely affected by the September 11, 2001, terrorist attacks and their aftermath, for a period of one year following the

date of enactment and to the extent the costs of such reduced fees

are offset by appropriations provided by this Act.

SEC. 204. Not later than April 1, 2002, the Secretary of State

shall submit to the Committees on Appropriations, in both classified

and unclassified form, a report on the United States-People’s Republic of China Science 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 five years, and a projection of activities

to be undertaken through 2010;

(2) an estimate of the annual cost to the United States to

administer the Agreement;

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(3) an assessment of how the Agreement has influenced the

policies of the People’s Republic of China toward scientific and

technological cooperation with the United States;

(4) an analysis of the involvement of Chinese nuclear weapons and military missile specialists in the activities of the Joint

Commission;

(5) a determination of the extent to which the activities conducted under the Agreement have enhanced the military and industrial base of the People’s Republic of China, and an assessment of the impact of projected activities through 2010, including transfers of technology, on China’s economic and military

capabilities; and

(6) recommendations on improving the monitoring of the

activities of the Commission by the Secretaries of Defense and

State.

The report shall be developed in consultation with the Secretaries of Commerce, Defense, and Energy, the Directors of the National Science Foundation and the Federal Bureau of Investigation,

and the intelligence community.

SEC. 205. From within funds available to the State of Alaska

or the Alaska Region of the National Marine Fisheries Service, an

additional $500,000 may be made available for the cost of guaranteeing the reduction loan authorized under section 144(d)(4)(A) of

title I, division B of Public Law 106–554 (114 Stat. 2763A–242) and

that subparagraph is amended to read as follows: ‘‘(4)(A) The fishing capacity reduction program required under this subsection is

authorized to be financed through a reduction loan of $100,000,000

under sections 1111 and 1112 of title XI of the Merchant Marine

Act, 1936 (46 U.S.C. App. 1279f and 1279g).’’.

SEC. 206. Title IV of the Departments of Commerce, Justice,

and State, the Judiciary and Related Agencies Appropriations Act,

2002 (Public Law 107–77) is amended in the third proviso of the

first undesignated paragraph under the heading ‘‘Diplomatic and

Consular Programs’’ by striking ‘‘this heading’’ and inserting ‘‘the

appropriations accounts within the Administration of Foreign Affairs’’.

SEC. 207. Title V of the Departments of Commerce, Justice, and

State, the Judiciary and Related Agencies Appropriations Act, 2002

(Public Law 107–77) is amended in the proviso under the heading

‘‘Commission on Ocean Policy’’ by striking ‘‘appointment’’ and inserting ‘‘the first meeting of the Commission’’.

SEC. 208. Section 626(c) of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations

Act, 2002 (Public Law 107–77) is amended by striking

‘‘1:00CV03110(ESG)’’ and inserting ‘‘1:00CV03110(EGS)’’.

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CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

DEFENSE EMERGENCY RESPONSE FUND

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Defense Emergency Response Fund’’, $3,395,600,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38, as follows:

(1) For increased situational awareness, $850,000,000;

(2) For increased worldwide posture, $1,495,000,000;

(3) For offensive counterterrorism, $372,000,000;

(4) For initial crisis response, $39,100,000;

(5) For the Pentagon Reservation Maintenance Revolving

Fund, $475,000,000;

(6) For relocation costs and other purposes, $164,500,000:

Provided, That $500,000 shall be made available only for the

White House Commission on the National Moment of Remembrance:

Provided further, That from funding available under the heading

‘‘Former Soviet Union Threat Reduction’’, $30,000,000 shall be

transferred to ‘‘Department of State, Nonproliferation, Anti-terrorism, Demining, and Related Programs’’ only for the purpose of

supporting expansion of the Biological Weapons Redirect and International Science and Technology Centers programs, to prevent

former Soviet biological weapons experts from emigrating to

proliferant states and to reconfigure former Soviet biological weapons production facilities for peaceful uses.

GENERAL PROVISIONS—THIS CHAPTER

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Amounts available in the ‘‘Defense Emergency Response Fund’’ (the ‘‘Fund’’) shall be available for the purposes set

forth in the 2001 Emergency Supplemental Appropriations Act for

Recovery from and Response to Terrorist Attacks on the United

States (Public Law 107–38): Provided, That the Fund may be used

to reimburse other appropriations or funds of the Department of Defense, including activities of the National Foreign Intelligence Program funded in defense appropriations acts, only for costs incurred

for such purposes on or after September 11, 2001: Provided further,

That the Fund may be used to liquidate obligations incurred by the

Department of Defense under the authorities in section 3732 of the

Revised Statutes (41 U.S.C. 11; popularly known as the ‘‘Food and

Forage Act’’) for any costs incurred for such purposes between September 11 and September 30, 2001: Provided further, That the Secretary of Defense may transfer to the Fund amounts from any current appropriation made available in defense appropriations acts,

only for the purpose of adjusting and liquidating obligations properly chargeable to the Fund: Provided further, That the authority

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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.

(INCLUDING TRANSFER OF FUNDS)

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

the Pentagon Reservation and for related activities as a result of the

events of September 11, 2001.

(b) In addition to the amounts provided in subsection (a) or otherwise appropriated in this Act, out of funds appropriated by Public

Law 107–38 but not subject to subsequent enactment, not subject to

73

the restrictions of the fifth proviso of that Act, and not transferred

before December 18, 2001, the amount of $300,000,000 is transferred to the Pentagon Reservation Maintenance Revolving Fund

only to finance accelerated building renovation activities for military command centers and related activities at the Pentagon Reservation in order to accelerate completion of the currently planned

Pentagon renovation project by up to 4 years: Provided, That notwithstanding any other provision of law, funds allocated and transferred under this section shall be made available until expended:

Provided further, That the cost to accelerate renovation activities for

military command centers and related activities at the Pentagon

Reservation shall not be included in any cost cap applicable to the

Pentagon renovation: Provided further, That the transfer authority

provided under this section is in addition to any other transfer authority available to the Department of Defense.

(TRANSFER OF FUNDS)

SEC. 306. Notwithstanding any other provision of law or this

Act, of the amounts unobligated in all fiscal year 2002 appropriations accounts in Titles III and IV of Division A of this Act, up to

one and one-half percentum of these funds shall be available for

transfer to the Operation and Maintenance accounts of the Department of Defense for such costs incurred in support of Operations Enduring Freedom and Noble Anvil: Provided, That the Secretary of

Defense shall notify the Committees on Appropriations of the House

and Senate of transfers made pursuant to this section not later than

fifteen days after any such transfer is made: Provided further, That

the transfer authority provided under this section is in addition to

any other transfer authority available to the Department of Defense:

Provided further, That the transfer authority available under this

section may be utilized only after all other funds made available to

the Department of Defense pursuant to Public Law 107–38 have

been obligated: Provided further, That no congressional interest

item may be reduced for the purposes of this section: Provided further, That such authority to transfer shall expire on April 30, 2002.

SEC. 307. During fiscal year 2002 the President, acting by and

with the consent of the Senate, is authorized to appoint a commissioned officer of the Armed Forces, in active status, to the office of

Deputy Administrator of the National Aeronautics and Space Administration notwithstanding section 202(b) of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)). If so appointed,

the provisions of section 403(c)(3), (4), and (5) of title 50, United

States Code shall be applicable while the commissioned officer

serves as Deputy Administrator in the same manner and extent as

if the officer was serving in a position specified in section 403(c) of

title 50 United States Code, except that the officer’s military pay

and allowances shall be reimbursed from funds available to the National Aeronautics and Space Administration.

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CHAPTER 4

DISTRICT OF COLUMBIA

FEDERAL FUNDS

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR PROTECTIVE

CLOTHING AND BREATHING APPARATUS

For a Federal payment to the District of Columbia for protective

clothing and breathing apparatus, to be obligated from amounts

made available in Public Law 107–38 and to remain available until

September 30, 2003, $7,144,000, of which $922,000 is for the Fire

and Emergency Medical Services Department, $4,269,000 is for the

Metropolitan Police Department, $1,500,000 is for the Department

of Health, and $453,000 is for the Department of Public Works.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SPECIALIZED

HAZARDOUS MATERIALS EQUIPMENT

For a Federal payment to the District of Columbia for specialized hazardous materials equipment, to be obligated from amounts

made available in Public Law 107–38 and to remain available until

September 30, 2003, $1,032,000, for the Fire and Emergency Medical Services Department.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR CHEMICAL

AND BIOLOGICAL WEAPONS PREPAREDNESS

For a Federal payment to the District of Columbia for chemical

and biological weapons preparedness, to be obligated from amounts

made available in Public Law 107–38 and to remain available until

September 30, 2003, $10,355,000, of which $205,000 is for the Fire

and Emergency Medical Services Department, $258,000 is for the

Metropolitan Police Department, and $9,892,000 is for the Department of Health.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR

PHARMACEUTICALS FOR RESPONDERS

For a Federal payment to the District of Columbia for pharmaceuticals for responders, to be obligated from amounts made available in Public Law 107–38 and to remain available until September

30, 2003, $2,100,000, for the Department of Health.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR RESPONSE

AND COMMUNICATIONS CAPABILITY

For a Federal payment to the District of Columbia for response

and communications capability, to be obligated from amounts made

available in Public Law 107–38 and to remain available until September 30, 2003, $14,960,000, of which $7,755,000 is for the Fire

and Emergency Medical Services Department, $5,855,000 is for the

Metropolitan Police Department, $113,000 is for the Department of

Public Works Division of Transportation, $58,000 is for the Office

of Property Management, $60,000 is for the Department of Public

Works, $750,000 is for the Department of Health, $309,000 is for the

75

Department of Human Services, and $60,000 is for the Department

of Parks and Recreation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SEARCH,

RESCUE AND OTHER EMERGENCY EQUIPMENT AND SUPPORT

For a Federal payment to the District of Columbia, to be obligated from amounts made available in Public Law 107–38 and to

remain available until September 30, 2003, for search, rescue and

other emergency equipment and support, $8,850,000, of which

$5,442,000 is for the Metropolitan Police Department, $208,000 is

for the Fire and Emergency Medical Services Department, $398,500

is for the Department of Consumer and Regulatory Affairs,

$1,178,500 is for the Department of Public Works, $542,000 is for

the Department of Human Services, and $1,081,000 is for the Department of Mental Health.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EQUIPMENT,

SUPPLIES AND VEHICLES FOR THE OFFICE OF THE CHIEF MEDICAL

EXAMINER

For a Federal payment to the District of Columbia, to be obligated from amounts made available in Public Law 107–38 and to

remain available until September 30, 2003, for equipment, supplies

and vehicles for the Office of the Chief Medical Examiner,

$1,780,000.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR HOSPITAL

CONTAINMENT FACILITIES FOR THE DEPARTMENT OF HEALTH

For a Federal payment to the District of Columbia, to be obligated from amounts made available in Public Law 107–38 and to

remain available until September 30, 2003, for hospital containment facilities for the Department of Health, $8,000,000.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR THE OFFICE

OF THE CHIEF TECHNOLOGY OFFICER

For a Federal payment to the District of Columbia, to be obligated from amounts made available in Public Law 107–38 and to

remain available until September 30, 2003, for the Office of the

Chief Technology Officer, $45,494,000, for a first response land-line

and wireless interoperability project, of which $1,000,000 shall be

used to initiate a comprehensive review, by a non-vendor contractor,

of the District’s current technology-based systems and to develop a

plan for integrating the communications systems of the District of

Columbia Metropolitan Police and Fire and Emergency Medical

Services Departments with the systems of local, regional and federal

law enforcement agencies, including but not limited to the United

States Capitol Police, United States Park Police, United States Secret Service, Federal Bureau of Investigation, Federal Protective

Service, and the Washington Metropolitan Area Transit Authority

Police: Provided, That such plan shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives no later than June 15, 2002.

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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EMERGENCY

TRAFFIC MANAGEMENT

For a Federal payment to the District of Columbia, to be obligated from amounts made available in Public Law 107–38 and to

remain available until September 30, 2003, for emergency traffic

management, $20,700,000, for the Department of Public Works Division of Transportation, of which $14,000,000 is to upgrade traffic

light controllers, $4,700,000 is to establish a video traffic monitoring system, and $2,000,000 is to disseminate traffic information.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR TRAINING

AND PLANNING

For a Federal payment to the District of Columbia, to be obligated from amounts made available in Public Law 107–38 and to

remain available until September 30, 2003, for training and planning, $9,949,000, of which $4,400,000 is for the Fire and Emergency

Medical Services Department, $990,000 is for the Metropolitan Police Department, $1,200,000 is for the Department of Health,

$200,000 is for the Office of the Chief Medical Examiner, $500,000

is for the Office of Property Management, $500,000 is for the Department of Mental Health, $469,000 is for the Department of Consumer and Regulatory Affairs, $240,000 is for the Department of

Public Works, $600,000 is for the Department of Human Services,

$100,000 is for the Department of Parks and Recreation, and

$750,000 is for the Division of Transportation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR INCREASED

FACILITY SECURITY

For a Federal payment to the District of Columbia, to be obligated from amounts made available in Public Law 107–38 and to

remain available until September 30, 2003, for increased facility security, $25,536,000, of which $3,900,000 is for the Emergency Management Agency, $14,575,000 is for the public schools, and

$7,061,000 is for the Office of Property Management.

FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA

TRANSIT AUTHORITY

For a Federal payment to the Washington Metropolitan Area

Transit Authority to meet region-wide security requirements, a contribution of $39,100,000, to be obligated from amounts made available in Public Law 107–38 and to remain available until September

30, 2003, of which $5,000,000 shall be used for protective clothing

and breathing apparatus, $2,200,000 shall be for completion of the

fiber optic network project, $15,000,000 shall be for a chemical

emergency sensor program, and $16,900,000 shall be for increased

employee and facility security.

FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON COUNCIL

OF GOVERNMENTS

For a Federal payment to the Metropolitan Washington Council

of Governments to enhance regional emergency preparedness, coordination and response, $5,000,000, to be obligated from amounts

made available in Public Law 107–38 and to remain available until

77

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 avail- able until September 30, 2003, $45,494,000 is for a first response

78

land-line and wireless interoperability project, of which $1,000,000

shall be used to initiate a comprehensive review by a non-vendor

contractor of the District’s current technology-based systems and to

develop a plan for integrating the communications systems of the

District of Columbia Metropolitan Police and Fire and Emergency

Medical Services Departments with the systems of local, regional

and federal law enforcement agencies, including, but not limited to

the United States Capitol Police, United States Park Police, United

States Secret Service, Federal Bureau of Investigation, Federal Protective Service, and the Washington Metropolitan Area Transit Authority Police: Provided, That such plan shall be submitted to the

Committees on Appropriations of the Senate and the House of Representatives no later than June 15, 2002.

For emergency traffic management, to remain available until September 30, 2003, $20,700,000 is for the Department of Public

Works Division of Transportation, of which $14,000,000 is to upgrade traffic light controllers, $4,700,000 is to establish a video traffic monitoring system, and $2,000,000 is to disseminate traffic information.

For training and planning, to remain available until September 30, 2003, $9,949,000, of which $4,400,000 is for the Fire and Emergency Medical Services Department, $990,000 is for the Metropolitan Police Department, $1,200,000 is for the Department of Health,

$200,000 is for the Office of the Chief Medical Examiner, $500,000

is for the Office of Property Management, $500,000 is for the Department of Mental Health, $469,000 is for the Department of Consumer and Regulatory Affairs, $240,000 is for the Department of

Public Works, $600,000 is for the Department of Human Services,

$100,000 is for the Department of Parks and Recreation, and

$750,000 is for the Division of Transportation.

For increased facility security, to remain available until Sep- tember 30, 2003, $25,536,000, of which $3,900,000 is for the Emergency Management Agency, $14,575,000 for the public schools, and

$7,061,000 for the Office of Property Management.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 401. Notwithstanding any other provision of law, the Chief

Financial Officer of the District of Columbia may transfer up to 5

percent of the funds appropriated to the District of Columbia in this

chapter between these accounts: Provided, That no such transfer

shall take place unless the Chief Financial Officer of the District of

Columbia notifies in writing the Committees on Appropriations of

the Senate and the House of Representatives 30 days in advance of

such transfer.

SEC. 402. The Chief Financial Officer of the District of Columbia, the Chief Financial Officer of the Washington Metropolitan

Area Transit Authority and the Executive Director of the Metropolitan Washington Council of Governments shall provide quarterly reports to the President and the Committees on Appropriations of the

Senate and the House of Representatives on the use of the funds

under this chapter beginning no later than March 15, 2002.

SEC. 403. Notwithstanding any other provision of law, all

amounts under this chapter shall be apportioned quarterly by the

Office of Management and Budget: Provided, That all such funds

shall be made available no later than September 30, 2002.

79

SEC. 404. In the Fiscal Year 2002 District of Columbia Appropriations Act under the heading ‘‘Administrative Provisions, Payments for Representation of Indigents’’ under subsection (c), strike

all after ‘‘March 1, 2002.’’ through ‘‘ ‘‘3600’’. ’’.

CHAPTER 5

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE, GENERAL

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operation and Maintenance, General’’, $139,000,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38.

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Water and Related Resources’’, $30,259,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

DEPARTMENT OF ENERGY

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and for other expenses to increase the security of the Nation’s nuclear weapons complex, for

‘‘Weapons Activities’’, $131,000,000, to remain available until expended, to be obligated from amounts made available in Public Law

107–38.

DEFENSE NUCLEAR NONPROLIFERATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and for other expenses to increase the security of the Nation’s nuclear weapons complex, for ‘‘Defense Nuclear Nonproliferation’’, $226,000,000, to remain available

until expended, to be obligated from amounts made available in

Public Law 107–38.

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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’’ by inserting after ‘‘$3,500,000’’ but before the ‘‘.’’ ‘‘: Provided further, That using $400,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers,

may initiate construction on the Nutwood Levee, Illinois project’’.

SEC. 503. The Reclamation Safety of Dams Act of 1978 (43

U.S.C. 509) is amended as follows:

(1) by inserting in Section 4(c) after ‘‘2000,’’ and before

‘‘costs’’ the following: ‘‘and the additional $32,000,000 further

authorized to be appropriated by amendments to the Act in

2001,’’; and

(2) by inserting in Section 5 after ‘‘levels),’’ and before

‘‘plus’’ the following: ‘‘and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels),’’.

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SEC. 504. JICARILLA, NEW MEXICO, MUNICIPAL WATER SYSTEM.

Public Law 107–66 is amended—

(1) under the heading of ‘‘Title I, Department of Defense—

Civil, Department of the Army, Corps of Engineers—Civil, Construction, General’’—

(A) by striking ‘‘Provided further, That using

$2,500,000 of the funds provided herein, the Secretary of

the Army, acting through the Chief of Engineers, is directed

to proceed with a final design and initiate construction for

the repair and replacement of the Jicarilla Municipal

Water System in the town of Dulce, New Mexico:’’; and

(B) insert at the end before the period the following: ‘‘:

Provided further, That using funds provided herein, the

Secretary of the Army, acting through the Chief of Engineers, is directed to transfer $2,500,000 to the Secretary of

the Interior for the Bureau of Reclamation to proceed with

the Jicarilla Municipal Water System in the town of Dulce,

New Mexico’’; and

(2) under the heading of ‘‘Title II, Department of the Interior, Bureau of Reclamation, Water and Related Resources, (Including the Transfer of Funds)’’—

(A) insert at the end before the period the following: ‘‘:

Provided further, That using $2,500,000 of the funds provided herein, the Secretary of the Interior is directed to proceed with a final design and initiate construction for the repair and replacement of the Jicarilla Municipal Water System in the town of Dulce, New Mexico’’.

SEC. 505. (a) OCCOQUAN RIVER, VIRGINIA.—The project for

navigation, Occoquan Creek, Virginia, authorized by the first section of the Act entitled ‘‘An Act making appropriations for the construction, repair, and preservation of certain public works on rivers

and harbors, and for other purposes’’, approved September 19, 1890

(26 Stat. 440), is modified to direct the Secretary of the Army—

(1) to deepen the project to a depth of 9 feet; and

(2) to widen the project between Channel Marker Number

2 and the bridge at United States Route 1 to a width of 200

feet.

(b) AVAILABILITY OF FUNDS.—Amounts appropriated to carry

out the project referred to in subsection (a) by the Energy and Water

Development Appropriations Act, 2001 (as enacted into law by Public Law 106–377), shall be made available to carry out the modifications to the project under subsection (a).

(c) PROJECT REDESIGNATION.—

(1) IN GENERAL.—The project referred to in subsection (a)

shall be known and designated as the ‘‘project for navigation,

Occoquan River, Virginia’’.

(2) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the

project referred to in subsection (a) shall be deemed to be a reference to the ‘‘project for navigation, Occoquan River, Virginia’’.

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CHAPTER 6

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER ASSISTANCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘International Disaster

Assistance’’, $50,000,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38, for

humanitarian and reconstruction activities in Afghanistan.

CHAPTER 7

DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Operation of the National

Park System’’, $10,098,000, to remain available until expended, to

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

UNITED STATES PARK POLICE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for the ‘‘United States Park

Police’’, $25,295,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

CONSTRUCTION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Construction’’,

$21,624,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38: Provided,

That notwithstanding any other provision of law, single but separate procurements for the construction of security improvements at

the Washington Monument, for security improvements at the Lincoln Memorial, and for security improvements at the Jefferson Memorial, may be issued that include the full scope of each project, except that each solicitation and contract shall contain the clause

‘‘availability of funds’’ found at section 52.232.18 of title 48, Code

of Federal Regulations.

DEPARTMENTAL OFFICES

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Salaries and Expenses’’,

$2,205,000, to remain available until expended, to be obligated from

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amounts made available in Public Law 107–38, for the working

capital fund of the Department of the Interior.

OTHER RELATED AGENCIES

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Salaries and Expenses’’

of the Smithsonian Institution, $21,707,000, to remain available

until expended, to be obligated from amounts made available in

Public Law 107–38.

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Salaries and Expenses’’

of the National Gallery of Art, $2,148,000, to remain available until

expended, to be obligated from amounts made available in Public

Law 107–38.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Operations and Maintenance’’ of the John F. Kennedy Center for the Performing Arts,

$4,310,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Salaries and Expenses’’

of the National Capital Planning Commission, $758,000, to be obligated from amounts made available in Public Law 107–38.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 701. (a) IN GENERAL.—The Secretary of the Smithsonian

Institution shall collect and preserve in the National Museum of

American History artifacts relating to the September 11th attacks

on the World Trade Center and the Pentagon.

(b) TYPES OF ARTIFACTS.—In carrying out subsection (a), the

Secretary of the Smithsonian Institution shall consider collecting

and preserving—

(1) pieces of the World Trade Center and the Pentagon;

(2) still and video images made by private individuals and

the media;

(3) personal narratives of survivors, rescuers, and government officials; and

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(4) other artifacts, recordings, and testimonials that the

Secretary of the Smithsonian Institution determines have lasting historical significance.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to

be appropriated to the Smithsonian Institution $5,000,000 to carry

out this section.

Sec. 702. Section 29 of Public Law 92–203, as enacted under

section 4 of Public Law 94–204 (43 U.S.C. 1626), is amended by

adding at the end of subsection (e) the following: ‘‘(4)(A) Congress confirms that Federal procurement programs for tribes and Alaska Native Corporations are enacted

pursuant to its authority under Article I, Section 8 of the

United States Constitution. ‘‘(B) Contracting with an entity defined in subsection (e)(2)

of this section or section 3(c) of Public Law 93–262 shall be

credited towards the satisfaction of a contractor’s obligations

under section 7 of Public Law 87–305. ‘‘(C) Any entity that satisfies subsection (e)(2) of this section

that has been certified under section 8 of Public Law 85–536 is

a Disadvantaged Business Enterprise for the purposes of Public

Law 105–178.’’.

CHAPTER 8

DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Training and employment

services’’, $32,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That such amount shall be provided to the Consortium for

Worker Education, established by the New York City Central Labor

Council and the New York City Partnership, for an Emergency Employment Clearinghouse.

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘State Unemployment Insurance and Employment Service Operations’’, $4,100,000, to remain available until expended, to be obligated from amounts made

available in Public Law 107–38.

WORKERS COMPENSATION PROGRAMS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Workers Compensation

Programs’’, $175,000,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38: Provided, That, of such amount, $125,000,000 shall be for payment to

the New York State Workers Compensation Review Board, for the

processing of claims related to the terrorist attacks: Provided further, That, of such amount, $25,000,000 shall be for payment to the

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New York State Uninsured Employers Fund, for reimbursement of

claims related to the terrorist attacks: Provided further, That, of

such amount, $25,000,000 shall be for payment to the New York

State Uninsured Employers Fund, for reimbursement of claims related to the first response emergency services personnel who were injured, were disabled, or died due to the terrorist attacks.

PENSION AND WELFARE BENEFITS ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$1,600,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$1,000,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$5,880,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Disease control, research,

and training’’ for baseline safety screening for the emergency services personnel and rescue and recovery personnel, $12,000,000, to remain available until expended, to be obligated from amounts made

available in Public Law 107–38.

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, to provide grants to public entities, not-for-profit entities, and Medicare and Medicaid enrolled

suppliers and institutional providers to reimburse for health care

related expenses or lost revenues directly attributable to the public

health emergency resulting from the September 11, 2001, terrorist

acts, for ‘‘Public Health and Social Services Emergency Fund’’,

$140,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38: Provided,

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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.

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SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Limitation on Administrative Expenses’’, $7,500,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38.

CHAPTER 9

LEGISLATIVE BRANCH

JOINT ITEMS

LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the terrorist attacks on

the United States, $256,081,000, to remain available until expended, to be obligated from amounts made available in Public Law

107–38: Provided, That $34,500,000 shall be transferred to ‘‘Senate’’, ‘‘Sergeant at Arms and Doorkeeper of the Senate’’, and shall

be obligated with the prior approval of the Senate Committee on Appropriations: Provided further, That $41,712,000 shall be transferred to ‘‘House of Representatives’’, ‘‘Salaries and Expenses’’, and

shall be obligated with the prior approval of the House Committee

on Appropriations: Provided further, That $31,000,000 shall be

transferred to ‘‘Capitol Police Board’’, ‘‘Capitol Police’’, ‘‘General Expenses’’: Provided further, That $350,000 shall be transferred to

‘‘Capitol Guide Service and Special Services Office’’: Provided further, That $106,304,000 shall be transferred to ‘‘Architect of the

Capitol’’, ‘‘Capitol Buildings and Grounds’’, ‘‘Capitol Buildings’’:

Provided further, That $29,615,000 shall be transferred to ‘‘Library

of Congress’’, ‘‘Salaries and Expenses’’: Provided further, That

$4,000,000 shall be transferred to the ‘‘Government Printing Office’’,

‘‘Government Printing Office Revolving Fund’’: Provided further,

That $7,600,000 shall be transferred to ‘‘General Accounting Office’’,

‘‘Salaries and Expenses’’: Provided further, That $1,000,000 shall be

transferred as a grant to the United States Capitol Historical Society: Provided further, That any Legislative Branch entity receiving

funds pursuant to the Emergency Response Fund established by

Public Law 107–38 (without regard to whether the funds are provided under this chapter or pursuant to any other provision of law)

may transfer any funds provided to the entity to any other Legislative Branch account in an amount equal to that required to provide

support for security enhancements, subject to the approval of the

Committees on Appropriations of the House of Representatives and

Senate.

SENATE

ADMINISTRATIVE PROVISIONS

SEC. 901. (a) ACQUISITION OF BUILDINGS AND FACILITIES.—Notwithstanding any other provision of law, in order to respond to an

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emergency situation, the Sergeant at Arms of the Senate may acquire buildings and facilities for the use of the Senate, as appropriate, by lease, purchase, or such other arrangement as the Sergeant at Arms of the Senate considers appropriate (including a

memorandum of understanding with the head of an Executive Agency, as defined in section 105 of title 5, United States Code, in the

case of a building or facility under the control of such Agency). Actions taken by the Sergeant at Arms of the Senate must be approved

by the Committees on Appropriations and Rules and Administration.

(b) AGREEMENTS.—Notwithstanding any other provision of law,

for purposes of carrying out subsection (a), the Sergeant at Arms of

the Senate may carry out such activities and enter into such agreements related to the use of any building or facility acquired pursuant to such subsection as the Sergeant at Arms of the Senate considers appropriate, including— (1) agreements with the United States Capitol Police or any

other entity relating to the policing of such building or facility;

and

(2) agreements with the Architect of the Capitol or any

other entity relating to the care and maintenance of such building or facility.

(c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT.— (1) ARCHITECT OF THE CAPITOL.—Notwithstanding any

other provision of law, the Architect of the Capitol may take any

action necessary to carry out an agreement entered into with the

Sergeant at Arms of the Senate pursuant to subsection (b).

(2) CAPITOL POLICE.—Section 9 of the Act of July 31, 1946

(40 U.S.C. 212a) is amended— (A) by striking ‘‘The Capitol Police’’ and inserting ‘‘(a)

The Capitol Police’’; and

(B) by adding at the end the following new subsection: ‘‘(b) For purposes of this section, ‘the United States Capitol

Buildings and Grounds’ shall include any building or facility acquired by the Sergeant at Arms of the Senate for the use of the Senate for which the Sergeant at Arms of the Senate has entered into

an agreement with the United States Capitol Police for the policing

of the building or facility.’’.

(d) TRANSFER OF CERTAIN FUNDS.—Subject to the approval of

the Committee on Appropriations of the Senate, the Architect of the

Capitol may transfer to the Sergeant at Arms of the Senate amounts

made available to the Architect for necessary expenses for the maintenance, care and operation of the Senate office buildings during a

fiscal year in order to cover any portion of the costs incurred by the

Sergeant at Arms of the Senate during the year in acquiring a

building or facility pursuant to subsection (a).

(e) EFFECTIVE DATE.—This section and the amendments made

by this section shall apply with respect to fiscal year 2002 and each

succeeding fiscal year.

SEC. 902. (a) Notwithstanding any other provision of law— (1) subject to subsection (b), the Sergeant at Arms of the

Senate and the head of an Executive Agency (as defined in section 105 of title 5, United States Code) may enter into a memorandum of understanding under which the Agency may provide

facilities, equipment, supplies, personnel, and other support

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services for the use of the Senate during an emergency situation;

and

(2) the Sergeant at Arms of the Senate and the head of the

Agency may take any action necessary to carry out the terms of

the memorandum of understanding.

(b) The Sergeant at Arms of the Senate may enter into a memorandum of understanding described in subsection (a)(1) consistent

with the Senate Procurement Regulations.

(c) This section shall apply with respect to fiscal year 2002 and

each succeeding fiscal year.

HOUSE OF REPRESENTATIVES

ADMINISTRATIVE PROVISIONS

SEC. 903. (a) ACQUISITION OF BUILDINGS AND FACILITIES.—Notwithstanding any other provision of law, in order to respond to an

emergency situation, the Chief Administrative Officer of the House

of Representatives may acquire buildings and facilities, for the use

of the House of Representatives by lease, purchase, or such other arrangement as the Chief Administrative Officer considers appropriate

(including a memorandum of understanding with the head of an

Executive Agency, as defined in section 105 of title 5, United States

Code, in the case of a building or facility under the control of such

Agency), subject to the approval of the House Office Building Commission.

(b) AGREEMENTS.—Notwithstanding any other provision of law,

for purposes of carrying out subsection (a), the Chief Administrative

Officer may carry out such activities and enter into such agreements

related to the use of any building or facility acquired pursuant to

such subsection as the Chief Administrative Officer considers appropriate, including—

(1) agreements with the United States Capitol Police or any

other entity relating to the policing of such building or facility;

and

(2) agreements with the Architect of the Capitol or any

other entity relating to the care and maintenance of such building or facility.

(c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT.—

(1) ARCHITECT OF THE CAPITOL.—Notwithstanding any

other provision of law, the Architect of the Capitol may take any

action necessary to carry out an agreement entered into with the

Chief Administrative Officer pursuant to subsection (b).

(2) CAPITOL POLICE.—Section 9 of the Act of July 31, 1946

(40 U.S.C. 212a) is amended—

(A) by striking ‘‘The Capitol Police’’ and inserting ‘‘(a)

The Capitol Police’’; and

(B) by adding at the end the following new subsection:

‘‘(b) For purposes of this section, ‘the United States Capitol

Buildings and Grounds’ shall include any building or facility acquired by the Chief Administrative Officer of the House of Representatives for the use of the House of Representatives for which the

Chief Administrative Officer has entered into an agreement with the

United States Capitol Police for the policing of the building or facility.’’.

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(d) TRANSFER OF CERTAIN FUNDS.—Subject to the approval of

the Committee on Appropriations of the House of Representatives,

the Architect of the Capitol may transfer to the Chief Administrative

Officer amounts made available to the Architect for necessary expenses for the maintenance, care and operation of the House office

buildings during a fiscal year in order to cover any portion of the

costs incurred by the Chief Administrative Officer during the year

in acquiring a building or facility pursuant to subsection (a).

(e) EFFECTIVE DATE.—This section and the amendments made

by this section shall apply with respect to fiscal year 2002 and each

succeeding fiscal year.

SEC. 904. (a) Notwithstanding any other provision of law—

(1) subject to subsection (b), the Chief Administrative Officer of the House of Representatives and the head of an Executive Agency (as defined in section 105 of title 5, United States

Code) may enter into a memorandum of understanding under

which the Agency may provide facilities, equipment, supplies,

personnel, and other support services for the use of the House

of Representatives during an emergency situation; and

(2) the Chief Administrative Officer and the head of the

Agency may take any action necessary to carry out the terms of

the memorandum of understanding.

(b) The Chief Administrative Officer of the House of Representatives may not enter into a memorandum of understanding described

in subsection (a)(1) without the approval of the Speaker of the

House of Representatives.

(c) This section shall apply with respect to fiscal year 2002 and

each succeeding fiscal year.

SEC. 905. (a) There is established in the House of Representatives an office to be known as the House of Representatives Office

of Emergency Planning, Preparedness, and Operations. The Office

shall be responsible for mitigation and preparedness operations, crisis management and response, resource services, and recovery operations.

(b) The Speaker, in consultation with the minority leader—

(1) shall provide policy direction for, and oversight of, the

Office;

(2) shall appoint and set the annual rate of pay for employees of the Office, including a Director, who shall be the head of

the Office;

(3) shall exercise, with respect to any employee of the Office,

the authority referred to in section 8344(k)(2)(B) of title 5,

United States Code, and the authority referred to in section

8468(h)(2)(B) of title 5, United States Code;

(4) shall approve procurement of services of experts and

consultants by the Office or by committees or other entities of

the House of Representatives for assignment to the Office; and

(5) may request the head of any Federal department or

agency to detail to the Office, on a reimbursable basis, any of

the personnel of the department or agency.

(c) The day-to-day operations of the Office shall be carried out

by the Director, under the supervision of a Board, to be known as

the House of Representatives Continuity of Operations Board, comprised of the Clerk, the Sergeant-at-Arms, and the Chief AdminisVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00094 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
91

trative Officer of the House of Representatives. The Clerk shall be

the Chairman of the Board.

(d) Until otherwise provided by law, funds shall be available

for the Office from amounts appropriated for the operations of the

House of Representatives.

(e) This section shall take effect on the date of the enactment of

this Act and shall apply to fiscal years beginning with fiscal year

2002.

SEC. 906. (a) As determined by the Sergeant-at-Arms of the

House of Representatives, any anthrax-contaminated mail delivered

by the United States Postal Service to the House of Representatives

shall be destroyed or otherwise disposed of.

(b) No action taken under this section may serve as a basis for

civil or criminal liability of any individual or entity.

(c) As used in this section, the term ‘‘anthrax-contaminated

mail’’ means any mail matter that, as determined by the Sergeantat-Arms, by reason of the events of October 2001—

(1) is contaminated by anthrax or any other substance the

mailing of which is prohibited by section 1716 of title 18,

United States Code, or any other law of the United States; or

(2) may be so contaminated, but the ascertainment of which

is not technically feasible or is otherwise impracticable.

(d) This section shall apply with respect to fiscal year 2002 and

each succeeding fiscal year.

OTHER LEGISLATIVE BRANCH

ADMINISTRATIVE PROVISIONS

SEC. 907. (a) Section 1(c) of Public Law 96–152 (40 U.S.C. 206–

1) is amended by striking ‘‘but not to exceed’’ and all that follows

and inserting the following: ‘‘but not to exceed $2,500 less than the

lesser of the annual salary for the Sergeant at Arms of the House

of Representatives or the annual salary for the Sergeant at Arms

and Doorkeeper of the Senate.’’.

(b) The Assistant Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not

to exceed $1,000 less than the annual salary for the chief of the

United States Capitol Police.

(c) This section and the amendment made by this section shall

apply with respect to pay periods beginning on or after the date of

the enactment of this Act.

SEC. 908. (a) The Capitol Police Board may, in order to recruit

or retain qualified personnel, establish and maintain a program

under which the Capitol Police may agree to repay (by direct payments on behalf of a civilian employee or member of the Capitol Police) all or a portion of any student loan previously taken out by

such employee or member.

(b) The Capitol Police Board may, by regulation, make applicable such provisions of section 5379 of title 5, United States Code, as

the Board determines necessary to provide for such program.

(c) The regulations shall provide that the amount paid by the

Capitol Police may not exceed—

(1) $6,000 for any civilian employee or member of the Capitol Police in any calendar year; or

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(2) a total of $40,000 in the case of any employee or member.

(d) The Capitol Police may not reimburse a civilian employee or

member of the Capitol Police for any repayments made by such employee or member prior to the Capitol Police entering into an agreement under this section with such employee or member.

(e) Any amount repaid by, or recovered from, an individual

under this section and its implementing regulations shall be credited to the appropriation account available for salaries and expenses

of the Capitol Police at the time of repayment or recovery. Such

credited amount may be used for any authorized purpose of the account and shall remain available until expended.

(f) This section shall apply to fiscal year 2002 and each fiscal

year thereafter.

SEC. 909. (a) RECRUITMENT AND RELOCATION BONUSES.—

(1) AUTHORIZATION OF PAYMENT.—The Capitol Police

Board (hereafter in this section referred to as the ‘‘Board’’) may

authorize the Chief of the United States Capitol Police (hereafter in this section referred to as the ‘‘Chief’’) to pay a bonus

to an individual who is newly appointed to a position as an officer or employee of the Capitol Police, and to pay an additional

bonus to an individual who must relocate to accept a position

as an officer or employee of the Capitol Police, if the Board determines that the Capitol Police would be likely, in the absence

of such a bonus, to encounter difficulty in filling the position.

(2) AMOUNT OF PAYMENT.—The amount of a bonus under

this subsection shall be determined by regulations of the Board,

but the amount of any bonus paid to an individual under this

subsection may not exceed 25 percent of the annual rate of basic

pay of the position to which the individual is being appointed.

(3) MINIMUM PERIOD OF SERVICE REQUIRED.—Payment of a

bonus under this subsection shall be contingent upon the individual entering into an agreement with the Capitol Police to

complete a period of employment with the Capitol Police, with

the required period determined pursuant to regulations of the

Board. If the individual voluntarily fails to complete such period of service or is separated from the service before completion

of such period of service for cause on charges of misconduct or

delinquency, the individual shall repay the bonus on a pro rata

basis.

(4) BONUS NOT CONSIDERED PART OF BASIC PAY.—A bonus

under this subsection shall be paid as a lump sum, and may

not be considered to be part of the basic pay of the officer or

employee.

(5) PAYMENT PERMITTED PRIOR TO COMMENCEMENT OF

DUTY.—Under regulations of the Board, a bonus under this subsection may be paid to a newly-hired officer or employee before

the officer or employee enters on duty.

(b) RETENTION ALLOWANCES.—

(1) AUTHORIZATION OF PAYMENT.—The Board may authorize the Chief to pay an allowance to an officer or employee of

the United States Capitol Police if—

(A) the unusually high or unique qualifications of the

officer or employee or a special need of the Capitol Police

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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

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training officer, the loss of such additional compensation shall

not constitute an adverse action for any purpose.

(f) REGULATIONS.— (1) IN GENERAL.—The payment of bonuses, allowances, step

increases, compensation, and other payments pursuant to this

section shall be carried out in accordance with regulations prescribed by the Board.

(2) APPROVAL.—The regulations prescribed pursuant to this

subsection shall be subject to the approval of the Committee on

Rules and Administration of the Senate, Committee on House

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

(g) EFFECTIVE DATE.—This section shall apply with respect to

fiscal year 2002 and each succeeding fiscal year.

SEC. 910. In addition to the authority provided under section

121 of the Legislative Branch Appropriations Act, 2002, at any time

on or after the date of the enactment of this Act, the Capitol Police

Board may accept contributions of comfort and other incidental

items and services to support officers and employees of the United

States Capitol Police while such officers and employees are on duty

in response to emergencies involving the safety of human life or the

protection of property.

SEC. 911. ASSISTANCE BY EXECUTIVE DEPARTMENTS AND AGEN- CIES 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

95

on a temporary basis to the United States Capitol Police in

the performance of its duties directly related to protection

under the Act of July 31, 1946 (40 U.S.C. 212a–2); and

(B) expenditures made by Executive departments and

agencies, in providing assistance at the request of the

United States Capitol Police in the performance of its duties, and which will be reimbursed by the United States

Capitol Police under this section.

(4) PROVISION OF ASSISTANCE.—Assistance under this section shall be provided— (A) consistent with the authority of the Capitol Police

under sections 9 and 9A of the Act of July 31, 1946 (40

U.S.C. 212a and 212a–2);

(B) upon the advance written request of— (i) the Capitol Police Board; or

(ii) in an emergency— (I) the Sergeant at Arms and Doorkeeper of the

Senate in any matter relating to the Senate; or

(II) the Sergeant at Arms of the House of Representatives in any matter relating to the House of

Representatives; and

(C)(i) on a temporary and reimbursable basis;

(ii) on a permanent reimbursable basis upon advance

written request of the Capitol Police Board; or

(iii) on a temporary basis without reimbursement by

the Department of Defense and the Coast Guard as described under paragraph (1).

(b) REPORTS.— (1) SUBMISSION.—With respect to any fiscal year in which

an Executive department or Executive agency provides assistance under this section, the head of that department or agency

shall submit a report not later than 90 days after the end of the

fiscal year to the Chairman of the Capitol Police Board.

(2) CONTENT.—The report submitted under paragraph (1)

shall contain a detailed account of all expenditures made by the

Executive department or Executive agency in providing assistance under this section during the applicable fiscal year.

(3) SUMMARY.—After receipt of all reports under paragraph

(2) with respect to any fiscal year, the Chairman of the Capitol

Police Board shall submit a summary of such reports to the

Committees on Appropriations of the Senate and the House of

Representatives.

(c) EFFECTIVE DATE.—This section shall take effect on the date

of enactment of this Act and apply to each fiscal year occurring after

such date.

SEC. 912. (a)(1) In the event of an emergency, as determined by

the Capitol Police Board, or of a joint session of Congress, the Chief

of the Capitol Police may enter into agreements—

(A) with the District of Columbia to deputize members of

the District of Columbia National Guard, who are qualified for

law enforcement functions, for duty with the Capitol Police for

the purpose of policing the Capitol grounds; and

(B) with any appropriate governmental law enforcement

authority to deputize law enforcement officers for duty with the

Capitol Police for the purpose of policing the Capitol grounds.

96

(2) Any agreement under paragraph (1) shall be subject to initial approval by the Capitol Police Board and to final approval by

the Speaker of the House of Representatives (in consultation with

the Minority Leader of the House of Representatives) and the President pro tempore of the Senate (in consultation with the Minority

Leader of the Senate), acting jointly.

(b) Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House

of Representatives) and the President pro tempore of the Senate (in

consultation with the Minority Leader of the Senate), acting jointly,

the Capitol Police Board shall prescribe regulations to carry out this

section.

(c) This section shall expire on September 30, 2002.

SEC. 913. (a) Notwithstanding any other provision of law, the

United States Capitol Preservation Commission established under

section 801 of the Arizona-Idaho Conservation Act of 1988 (40

U.S.C. 188a) may transfer to the Architect of the Capitol amounts

in the Capitol Preservation Fund established under section 803 of

such Act (40 U.S.C. 188a–2) if the amounts are to be used by the

Architect for the planning, engineering, design, or construction of

the Capitol Visitor Center.

(b) Any amounts transferred pursuant to subsection (a) shall remain available for the use of the Architect of the Capitol until expended.

(c) This section shall apply with respect to fiscal year 2002 and

each succeeding fiscal year.

SEC. 914. (a) In accordance with the authority described in section 308(a) of the Legislative Branch Appropriations Act, 1988 (40

U.S.C. 166b–3a(a)), section 108 of the Legislative Branch Appropriations Act, 1991 (40 U.S.C. 166b–3b), as amended by section

129(c)(1) of the Legislative Branch Appropriations Act, 2002, is

amended by adding at the end the following new subsection:

‘‘(c) The Architect of the Capitol may fix the rate of basic pay

for not more than 4 positions for Executive Project Directors whose

salary is payable from project funds, at a rate not to exceed 95 percent of the highest total rate of pay for the Senior Executive Service

under subchapter VIII of chapter 53 of title 5, United States Code,

for the locality involved.’’.

(b) The amendment made by subsection (a) shall apply with respect to pay periods beginning on or after October 1, 2001.

SEC. 915. (a) Public Law 107–68 is amended by adding at the

end the following:

‘‘This Act may be cited as the ‘Legislative Branch Appropriations Act, 2002’.’’.

(b) The amendment made by subsection (a) shall take effect as

if included in the enactment of Public Law 107–68.

SEC. 916. Section 102 of the Legislative Branch Appropriations

Act, 2002 (Public Law 107–68) is amended—

(1) in subsection (a), by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through

(5), respectively;

(2) in subsection (g)(1)—

(A) in subparagraph (A), by striking ‘‘subsection

(i)(1)(A)’’ and inserting ‘‘subsection (h)(1)(A)’’; and

97

(B) in subparagraph (B), by striking ‘‘subsection

(i)(1)(B)’’ and inserting ‘‘subsection (h)(1)(B)’’.

SEC. 917. (a) Section 209 of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68) is amended in the matter

amending Public Law 106–173 by striking the quotation marks and

period at the end of the new subsection (g) and inserting the following: ‘‘Any reimbursement under this subsection shall be credited

to the appropriation, fund, or account used for paying the amounts

reimbursed.

‘‘(h) EMPLOYMENT BENEFITS.—

‘‘(1) IN GENERAL.—The Commission shall fix employment

benefits for the Director and for additional personnel appointed

under section 6(a), in accordance with paragraphs (2) and (3).

‘‘(2) EMPLOYMENT BENEFITS FOR THE DIRECTOR.—

‘‘(A) IN GENERAL.—The Commission shall determine

whether or not to treat the Director as a Federal employee

for purposes of employment benefits. If the Commission determines that the Director is to be treated as a Federal employee, then he or she is deemed to be an employee as that

term is defined by section 2105 of title 5, United States

Code, for purposes of chapters 63, 83, 84, 87, 89, and 90

of that title, and is deemed to be an employee for purposes

of chapter 81 of that title. If the Commission determines

that the Director is not 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. The Commission’s determination shall be irrevocable

with respect to each individual appointed as Director, and

the Commission shall notify the Office of Personnel Management and the Department of Labor of its determination.

Notwithstanding the Commission’s determination, the Director’s service is deemed to be Federal service for purposes

of section 8501 of title 5, United States Code.

‘‘(B) DETAILEE SERVING AS DIRECTOR.—Subparagraph

(A) shall not apply to a detailee who is serving as Director.

‘‘(3) EMPLOYMENT BENEFITS FOR ADDITIONAL PERSONNEL.—

A person appointed to the Commission staff under subsection

(b)(2) is deemed to be an employee as that term is defined by

section 2105 of title 5, United States Code, for purposes of chapters 63, 83, 84, 87, 89, and 90 of that title, and is deemed to

be an employee for purposes of chapter 81 of that title.’’.

(b) The amendments made by this section shall take effect as

if included in the enactment of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68).

SEC. 918. (a) Section 133(a) of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68) is amended—

(1) by striking ‘‘90-day’’ in paragraph (1) and inserting

‘‘180-day’’, and

(2) by striking ‘‘90 days’’ in paragraph (2)(C) and inserting

‘‘180 days’’.

(b) The amendments made by subsection (a) shall take effect as

if included in the enactment of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68).

98

CHAPTER 10

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, ARMY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Military Construction,

Army’’, $20,700,000, to remain available until expended: Provided,

That these funds shall be obligated from amounts made available

in Public Law 107–38.

MILITARY CONSTRUCTION, NAVY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Military Construction,

Navy’’, $2,000,000, to remain available until expended: Provided,

That these funds shall be obligated from amounts made available

in Public Law 107–38.

MILITARY CONSTRUCTION, AIR FORCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Military Construction,

Air Force’’, $46,700,000, to remain available until expended: Provided, That these funds shall be obligated from amounts made

available in Public Law 107–38.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Military Construction,

Defense-wide’’, $35,000,000 to remain available until expended, to

be obligated from amounts made available in Public Law 107–38:

Provided, That such amount shall be available for transfer to ‘‘Military Construction, Army’’.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 1001. (a) AVAILABILITY OF AMOUNTS FOR MILITARY CONSTRUCTION RELATING TO TERRORISM.—Amounts made available to

the Department of Defense from funds appropriated in Public Law

107–38 and this Act may be used to carry out military construction

projects, not otherwise authorized by law, that the Secretary of Defense determines are necessary to respond to or protect against acts

or threatened acts of terrorism.

(b) NOTICE TO CONGRESS.—Not later than 15 days before obligating amounts available under subsection (a) for military construction projects referred to in that subsection the Secretary shall notify

the appropriate committees of Congress of the following:

(1) The determination to use such amounts for the project.

(2) The estimated cost of the project and the accompanying

Form 1391.

(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this

section the term ‘‘appropriate committees of Congress’’ has the meanVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00102 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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ing given that term in section 2801 (4) of title 10, United States

Code.

SEC. 1002. Section 138 of Public Law 106–246 is amended by

striking ‘‘$77,500,000’’ and inserting in lieu ‘‘$102,000,000 for

project completion’’.

SEC. 1003. Section 2202(a) of the National Defense Authorization Act for Fiscal Year 2002 is amended in the ‘‘Navy: Family

Housing’’ table, by striking ‘‘Naval Construction Battalion Center,

Gulfport’’ and inserting ‘‘Naval Station, Pascagoula’’.

CHAPTER 11

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

TRANSPORTATION SECURITY ADMINISTRATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for the ‘‘Transportation Security Administration’’, $94,800,000, to remain available until September 30, 2003, to be obligated from amounts made available in

Public Law 107–38: Provided, That $93,300,000 shall be for the

Under Secretary of Transportation for Security to award competitive

grants to critical national seaports to finance the costs of enhancing

facility and operational security: Provided further, That such grants

shall be awarded based on the need for security assessments and enhancements as determined by the Under Secretary of Transportation

for Security, the Administrator of the Maritime Administration, and

the Commandant of the U.S. Coast Guard: Provided further, That

such grants shall not supplant funding already provided either by

the ports or by any Federal entity: Provided further, That no more

than $1,000,000 of the grant funds available under this heading

shall be used for administration.

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, in addition to funds made

available from any other source to carry out the essential air service

program under 49 U.S.C. 41731 through 41742, to be derived from

the Airport and Airway Trust Fund, $50,000,000, to remain available until expended, to be obligated from amounts made available

in Public Law 107–38.

COAST GUARD

OPERATING EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operating Expenses’’,

$209,150,000, to remain available until September 30, 2003, to be

obligated from amounts made available in Public Law 107–38.

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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.

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FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for the ‘‘Emergency Relief

Program’’, as authorized by section 125 of title 23, United States Code, $75,000,000, to be derived from the Highway Trust Fund and

to remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Safety and Operations’’, $6,000,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for necessary expenses of capital improvements of the National Railroad Passenger Corporation

as authorized by 49 U.S.C. 24104(a), $100,000,000, to remain available until expended, and to be obligated from amounts made available in Public Law 107–38.

FEDERAL TRANSIT ADMINISTRATION

FORMULA GRANTS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Formula Grants’’, $23,500,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

CAPITAL INVESTMENT GRANTS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Capital Investment

Grants’’, $100,000,000, to remain available until expended, and to

be obligated from amounts made available in Public Law 107–38:

Provided, That in administering funds made available under this

paragraph, the Federal Transit Administrator shall direct funds to

those transit agencies most severely impacted by the terrorist attacks

of September 11, 2001, excluding any transit agency receiving a

Federal payment elsewhere in this Act: Provided further, That the

provisions of 49 U.S.C. 5309(h) shall not apply to funds made available under this paragraph.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Research and Special

102

Programs,’’ $2,500,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States and for other safety and security related audit and monitoring responsibilities, for ‘‘Salaries and

Expenses’’, $1,300,000, to remain available until September 30,

2003, to be obligated from amounts made available in Public Law

107–38.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,’’

$650,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107–38.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 1101. Section 5117(b)(3) of the Transportation Equity Act

for the 21st Century (Public Law 105–178; 112 Stat. 449; 23 U.S.C.

502 note) is amended —

(1) by redesignating subparagraphs (C), (D), and (E) as

subparagraphs (D), (F), and (G), respectively;

(2) by inserting after subparagraph (B) the following new

subparagraph (C):

‘‘(C) FOLLOW-ON DEPLOYMENT.—(i) After an intelligent

transportation infrastructure system deployed in an initial

deployment area pursuant to a contract entered into under

the program under this paragraph has received system acceptance, the Department of Transportation has the authority to extend the original contract that was competitively

awarded for the deployment of the system in the follow-on

deployment areas under the contract, using the same asset

ownership, maintenance, fixed price contract, and revenue

sharing model, and the same competitively selected consortium leader, as were used for the deployment in that initial

deployment area under the program.

‘‘(ii) If any one of the follow-on deployment areas does

not commit, by July 1, 2002, to participate in the deployment of the system under the contract, then, upon application by any of the other follow-on deployment areas that

have committed by that date to participate in the deployment of the system, the Secretary shall supplement the

funds made available for any of the follow-on deployment

areas submitting the applications by using for that purpose

the funds not used for deployment of the system in the nonparticipating area. Costs paid out of funds provided in

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pose of the limitation on maximum cost set forth in subparagraph (B).’’;

(4) by inserting after subparagraph (D), as redesignated by

paragraph (1), the following new subparagraph (E): ‘‘(E) DEFINITIONS.—In this paragraph: ‘‘(i) The term ‘initial deployment area’ means a

metropolitan area referred to in the second sentence of

subparagraph (A). ‘‘(ii) The term ‘follow-on deployment areas’ means

the metropolitan areas of Baltimore, Birmingham, Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver, Detroit, Houston, Indianapolis, Las Vegas, Los Angeles,

Miami, New York/Northern New Jersey, Northern

Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence,

Salt Lake, San Diego, San Francisco, St. Louis, Seattle, Tampa, and Washington, District of Columbia.’’;

and

(5) in subparagraph (D), as redesignated by paragraph (1),

by striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraph

(F)’’. SEC. 1102. No appropriated funds or revenues generated by the

National Railroad Passenger Corporation may be used to implement

section 204(c)(2) of Public Law 105–134 until the Congress has enacted an Amtrak reauthorization Act.

SEC. 1103. (a) Notwithstanding any other provision of law, of

the funds authorized under section 110 of title 23, United States

Code, for fiscal year 2002, no funds shall be available for the program authorized under section 1101(a)(11) of Public Law 105–178

and $29,542,304 shall be set aside for the project as authorized

under title IV of the National Highway System Designation Act of

1995, as amended: Provided, That, if funds authorized under these

provisions have been distributed then the amount so specified shall

be recalled proportionally from those funds distributed to the States

under section 110(b)(4)(A) and (B) of title 23, United States Code.

(b) Notwithstanding any other provision of law, for fiscal year

2002, funds available for environmental streamlining activities

under section 104(a)(1)(A) of title 23, United States Code, may include making grants to, or entering into contracts, cooperative

agreements, and other transactions, with a Federal agency, State

agency, local agency, authority, association, nonprofit or for-profit

corporation, or institution of higher education.

(c) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal

year 2002, and made available for the National motor carrier safety

program, $5,896,000 shall be for State commercial driver’s license

program improvements.

(d) Notwithstanding any other provision of law, of the funds

authorized under section 110 of title 23, United States Code, for fiscal year 2002, and made available for border infrastructure improvements, up to $2,300,000 shall be made available to carry out

section 1119(d) of the Transportation Equity Act for the 21st Century, as amended.

SEC. 1104. Notwithstanding any other provision of law, of the

amounts appropriated in fiscal year 2002 for the Research and SpeVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00107 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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cial Programs Administration, $3,170,000 of funds provided for research and special programs shall remain available until September 30, 2004, and $22,786,000 of funds provided for the pipeline

safety program derived from the pipeline safety fund shall remain

available until September 30, 2004.

SEC. 1105. Item 1497 in the table contained in section 1602 of

the Transportation Equity Act for the 21st Century (112 Stat. 312),

relating to Alaska, is amended by inserting ‘‘and construct capital

improvements to intermodal marine freight and passenger facilities

and access thereto’’ before ‘‘in Anchorage’’.

SEC. 1106. The Department of Transportation and Related

Agencies Appropriations Act, 2002 is amended in section 330 by

striking ‘‘$144,000,000’’ and inserting ‘‘$148,300,000’’ and in section

349 by striking ‘‘$5,000,000’’ and inserting ‘‘$9,300,000’’ and by

striking ‘‘$120,323,000’’ and inserting ‘‘$116,023,000’’.

SEC. 1107. Notwithstanding any other provision of law, none of

the funds in the Department of Transportation and Related Agencies Appropriations Act, 2002 shall be available for salaries and expenses of more than 102 political and Presidential appointees in the

Department of Transportation: Provided, That none of the funds in

this Act, or any other Appropriations Act for fiscal year 2002, shall

be available for the position of Under Secretary of Transportation

for Policy or the position of Assistant Secretary for Public Affairs.

SEC. 1108. Section 1511(b) of the Transportation Equity Act for

the 21st Century (Public Law 105–178), as amended, is amended by

striking ‘‘Rhode Island’’ and inserting in lieu thereof ‘‘Rhode Island,

and Texas’’ and by inserting before the period in subsection

(b)(1)(A)’’, provided that Texas may not compete for funds previously

allocated or appropriated to any other state’’.

CHAPTER 12

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$2,032,000, to remain available until expended, to be obligated from

amounts made available by Public Law 107–38.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$1,700,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

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FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$23,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED

EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Acquisition, Construction, Improvements, and Related Expenses’’, $8,500,000, to remain

available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That, in order to expedite the

acquisition of architectural and engineering services for the construction of facilities at the Cheltenham, Maryland, training facility, the Federal Law Enforcement Training Center may procure

such services without regard to: (1) the competition requirements of

section 303 of the Federal Property and Administrative Services Act

of 1949 (41 U.S.C. 253); (2) the 6 percent fee limitation on such

services set forth in section 304(b) of such Act (41 U.S.C. 254(b));

and (3) the procurement notice requirements of section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416).

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$31,431,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, of which

$5,200,000 may be used for necessary expenses of site acquisition,

construction, operations, maintenance and repair of the special purpose canine training facilities in Front Royal, Virginia.

UNITED STATES CUSTOMS SERVICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

to meet requirements, including technology, along the Northern Border, Southwest Border, and at critical seaports, $392,603,000, to remain available until expended, to be obligated from amounts made

available in Public Law 107–38: Provided, That of such amount,

$245,503,000 shall not be available for obligation until 15 days

after the United States Customs Service submits to the Committees

on Appropriations and the Secretary of the Treasury a financial

plan based upon a comprehensive assessment of the most effective

uses of the Service’s resources, including the funds provided in this

Act, for protection along the Northern Border, Southwest Border,

and at critical seaports: Provided further, That the Secretary of the

Treasury is directed to review the activities proposed to be carried

out with the funds subject to the previous proviso and notify the

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Committees on Appropriations of the findings of his review within

15 days of receipt of such plan.

OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE

INTERDICTION PROGRAMS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operation, Maintenance

and Procurement, Air and Marine Interdiction Programs’’,

$6,700,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Processing, Assistance,

and Management’’, $12,990,000, to remain available until expended,

to be obligated from amounts made available by Public Law 107–

38.

TAX LAW ENFORCEMENT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Tax Law Enforcement’’,

$4,544,000, to remain available until expended, to be obligated from

amounts made available by Public Law 107–38.

INFORMATION SYSTEMS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Information Systems’’,

$15,991,000, to remain available until expended, to be obligated

from amounts made available by Public Law 107–38: Provided,

That of these amounts $13,548,000 is for a backup computer recovery system to be designed and constructed in close coordination with

the business systems modernization effort of the Internal Revenue

Service.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$104,769,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For emergency expenses to the Postal Service Fund to enable the

Postal Service to protect postal employees and postal customers from

exposure to biohazardous material, to sanitize and screen the mail,

and to replace or repair Postal Service facilities destroyed or damaged in New York City as a result of the September 11, 2001, terrorist attacks, $500,000,000, to remain available until expended, to

be obligated from amounts made available in Public Law 107–38:

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Provided, That of the amounts appropriated, no funds shall be obligated for the purpose of sanitizing and screening the mail until the

Postal Service submits to the Committees on Appropriations, the

House Committee on Government Reform, and the Senate Committee on Governmental Affairs an emergency preparedness plan to

combat the threat of biological and chemical substances in the mail,

including a plan for expenditure of funds in support of the emergency preparedness plan.

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$50,040,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Federal Buildings Fund’’,

$126,512,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operating Expenses’’,

$1,600,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

REPAIRS AND RESTORATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Repairs and Restoration’’, $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

GENERAL PROVISION, THIS CHAPTER

SEC. 1201. Section 652(c)(1) of Public Law 107–67 is amended

by striking ‘‘Section 414(c)’’ and inserting ‘‘Section 416(c)’’.

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CHAPTER 13

DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘General operating expenses’’, $2,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Community Development

Fund’’, $2,000,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That such funds shall be subject to the first through sixth

provisos in section 434 of Public Law 107–73: Provided further,

That the State of New York, in conjunction with the City of New

York, shall, through the Lower Manhattan Redevelopment Corporation (‘‘the corporation’’): (1) distribute the funds provided for the

‘‘Community Development Fund’’; (2) within 45 days of enactment

of this Act, issue the initial criteria and requirements necessary to

accept applications from individuals, nonprofits and small businesses for economic losses from the September 11, 2001, terrorist attacks; and (3) begin processing such applications: Provided further,

That the corporation shall expeditiously respond to any application

from an individual, nonprofit or small business for economic losses

under this heading: Provided further, That of the total amount

made available for the ‘‘Community Development Fund’’, including

amounts previously made available by transfer pursuant to the fifth

proviso of Public Law 107–38, no less than $500,000,000 shall be

made available for individuals, nonprofits or small businesses described in the prior three provisos, with a limit of $500,000 per

small business for economic losses: Provided further, That amounts

made available in the previous proviso shall only be available for

individuals, nonprofits or small businesses located in New York

City in the area located on or south of West 14th Street (west of its

intersection with 5th Avenue), or on or south of East 14th Street

(east of its intersection with 5th Street): Provided further, That, of

the amount provided in this paragraph, $10,000,000 shall be used

for a program to aid the travel and tourism industry in New York

City.

MANAGEMENT AND ADMINISTRATION

OFFICE OF INSPECTOR GENERAL

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Office of Inspector GenVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00112 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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eral’’, $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

INDEPENDENT AGENCIES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘National Institute of Environmental Health Sciences’’ for carrying out under current authorities, worker training, research, and education activities,

$10,500,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

Public Law 107–73 is amended under this heading by adding

‘‘and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986,’’ after the words, ‘‘as amended,’’.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and to support activities related to countering terrorism, for ‘‘Science and technology’’,

$90,308,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and to support activities related to countering terrorism, for ‘‘Environmental programs and

management’’, $39,000,000, to remain available until expended, to

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

HAZARDOUS SUBSTANCE SUPERFUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and to support activities related to countering terrorism, for ‘‘Hazardous substance superfund’’,

$41,292,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

STATE AND TRIBAL ASSISTANCE GRANTS

For making grants for emergency expenses to respond to the

September 11, 2001, terrorist attacks on the United States, and to

support activities related to countering potential biological and

chemical threats to populations, for ‘‘State and tribal assistance

grants’’, $5,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

The referenced statement of the managers under this heading in

Public Law 107–73 is deemed to be amended by striking ‘‘Florida

Department of Environmental Protection’’ in reference to item number 92, and inserting ‘‘Southwest Florida Water Management DisVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00113 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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trict’’; and by striking ‘‘Southeast’’ in reference to item number 9,

and inserting ‘‘Southwest’’.

The referenced statement of the managers under this heading in

Public Law 106–377 is deemed to be amended by striking ‘‘repairs

to water and sewer lines’’ in reference to item number 171 and inserting ‘‘water and wastewater infrastructure improvements’’.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Disaster relief’’,

$4,356,871,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and expenses’’,

$25,000,000 to remain available until expended, to be obligated

from amounts made available in Public Law 107–38 of which not

less than $10,000,000 shall be used to enhance the capabilities of

the National Security Division.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Emergency management

planning and assistance’’, $10,000,000, to remain available until expended, to be obligated from amounts made available in Public Law

107–38, which shall be available for support of the 2002 Winter

Olympics.

For an additional amount for emergency expenses to respond to

the September 11, 2001, terrorist attacks on the United States and

to support activities related to countering terrorism, for ‘‘Emergency

management planning and assistance’’, $210,000,000, to remain

available until September 30, 2003, for programs as authorized by

section 33 of the Federal Fire Prevention and Control Act of 1974,

as amended (15 U.S.C. 2201 et seq.), as in effect on December 7,

2001, to be obligated from amounts made available in Public Law

107–38: Provided, That up to 5 percent of this amount shall be

transferred to ‘‘Salaries and expenses’’ for program administration.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

HUMAN SPACE FLIGHT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Human space flight’’,

$76,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

SCIENCE, AERONAUTICS AND TECHNOLOGY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Science, aeronautics and

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technology’’, $32,500,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Research and related activities’’, $300,000 to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 1301. (a) This section may be cited as the ‘‘Unity in the

Spirit of America Act’’ or the ‘‘USA Act’’.

(b) The National and Community Service Act of 1990 (42

U.S.C. 12501 et seq.) is amended by inserting before title V the following:

‘‘TITLE IV—PROJECTS HONORING

VICTIMS OF TERRORIST ATTACKS

‘‘SEC. 401. PROJECTS.

‘‘(a) DEFINITION.—In this section, the term ‘Foundation’ means

the Points of Light Foundation funded under section 301, or another nonprofit private organization, that enters into an agreement

with the Corporation to carry out this section.

‘‘(b) IDENTIFICATION OF PROJECTS.—

‘‘(1) ESTIMATED NUMBER.—Not later than March 1, 2002,

the Foundation, after obtaining the guidance of the heads of appropriate Federal agencies, such as the Director of the Office of

Homeland Security and the Attorney General, shall—

‘‘(A) make an estimate of the number of victims killed

as a result of the terrorist attacks on September 11, 2001

(referred to in this section as the ‘estimated number’); and

‘‘(B) compile a list that specifies, for each individual

that the Foundation determines to be such a victim, the

name of the victim and the State in which the victim resided.

‘‘(2) IDENTIFIED PROJECTS.—The Foundation may identify

approximately the estimated number of community-based national and community service projects that meet the requirements of subsection (d). The Foundation may name projects in

honor of victims described in subsection (b)(1)(A), after obtaining the permission of an appropriate member of the victim’s

family and the entity carrying out the project.

‘‘(c) ELIGIBLE ENTITIES.—To be eligible to have a project named

under this section, the entity carrying out the project shall be a political subdivision of a State, a business, a nonprofit organization

(which may be a religious organization), an Indian tribe, or an institution of higher education.

‘‘(d) PROJECTS.—The Foundation shall name, under this section, projects—

112

‘‘(1) that advance the goals of unity, and improving the

quality of life in communities; and ‘‘(2) that will be planned, or for which implementation will

begin, within a reasonable period after the date of enactment of

the Unity in the Spirit of America Act, as determined by the

Foundation.

‘‘(e) WEBSITE AND DATABASE.—The Foundation shall create and

maintain websites and databases, to describe projects named under

this section and serve as appropriate vehicles for recognizing the

projects.’’. SEC. 1302. Within funds previously appropriated as authorized

under the Native American Housing and Self Determination Act of

1996 (Pub. L. 104–330, § 1(a), 110 Stat. 4016) and made available

to Cook Inlet Housing Authority, Cook Inlet Housing Authority may

use up to $9,500,000 of such funds to construct student housing for

Native college students, including an on-site computer lab and related study facilities, and, notwithstanding any provision of such

Act to the contrary, Cook Inlet Housing Authority may use a portion

of such funds to establish a reserve fund and to provide for maintenance of the project.

SEC. 1303. Of the amounts made available under both the

heading ‘‘Housing certificate fund’’ and the heading ‘‘Salaries and

expenses’’ in title II of Public Law 107–73, not to exceed $11,300,000

shall be for the recordation and liquidation of obligations and deficiencies incurred in prior years in connection with the provision of

technical assistance authorized under section 514 of the Multifamily

Assisted Housing Reform and Affordability Act of 1997 (‘‘section

514’’), and notwithstanding any other provision of law, for new obligations for such technical assistance: Provided, That of the

$11,300,000 made available, up to $1,300,000 shall be for reimbursement of vouchers submitted by section 514 grantees as of October 15, 2001: Provided further, That of the total amount provided

under the heading ‘‘Salaries and expenses’’ in title II of Public Law

107–73, $500,000 shall be made available from salaries and expenses allocated to the Office of General Counsel and $1,000,000

shall be made available from salaries and expenses allocated to the

Office of Multifamily Housing Assistance Restructuring in the Department of Housing and Urban Development for new obligations

for the provision of technical assistance authorized under section

514: Provided further, That of the $11,300,000 provided under this

section, no more than $10,000,000 shall be made available for new

obligations for technical assistance under section 514: Provided further, That from amounts made available under this section, the Inspector General of the Department of Housing and Urban Development (‘‘HUD Inspector General’’) shall audit each provision of technical assistance obligated under the requirements of section 514

over the last 4 years: Provided further, That to the extent the HUD

Inspector General determines that the use of any funding for technical assistance does not meet the requirements of section 514, the

Secretary of Housing and Urban Development (‘‘Secretary’’) shall recapture any such funds: Provided further, That no funds appropriated under title II of Public Law 107–73 and subsequent appropriations acts for the Department of Housing and Urban Development shall be made available for four years to any entity (or any

subsequent entity comprised of significantly the same officers) that

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has been identified as having violated the requirements of section

514 by the HUD Inspector General: Provided further, That, notwithstanding any other provision of law, no funding for technical assistance shall be available for carryover from any previous year: Provided further, That the recordation and liquidation of obligations

and deficiencies under this heading shall not pardon or release an

officer or employee 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, That such authority to transfer shall expire

on April 30, 2002: Provided further, That each agency receiving National Guard services related to homeland security shall submit to

the House and Senate Committees on Appropriations a detailed report of the National Guard’s homeland defense activities and expenses incurred after the date of enactment of this Act and planned

for the remainder of fiscal year 2002 for that agency and any proposed transfers fifteen days prior to such transfers pursuant to this

authority.

This division may be cited as the ‘‘Emergency Supplemental

Act, 2002’’.

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DIVISION C—SPENDING LIMITS AND BUDGETARY

ALLOCATIONS FOR FISCAL YEAR 2002

SEC. 101. (a) DISCRETIONARY SPENDING LIMITS.—Section

251(c)(6) of the Balanced Budget and Emergency Deficit Control Act

of 1985 is amended—

(1) by striking subparagraph (A) and inserting the following:

‘‘(A) for the discretionary category: $681,441,000,000 in

new budget authority and $670,206,000,000 in outlays;’’;

(2) in subparagraph (C), by striking the second ‘‘and’’ after

the semicolon; and

(3) in subparagraph (D), by striking ‘‘$1,232,000,000’’ and

inserting ‘‘$1,473,000,000’’.

(b) REVISED AGGREGATES AND ALLOCATIONS.—Upon the enactment of this section, the chairman of the Committee on the Budget

of the House of Representatives and the chairman of the Committee

on the Budget of the Senate shall each—

(1) revise the aggregate levels of new budget authority and

outlays for fiscal year 2002 set in sections 101(2) and 101(3) of

the concurrent resolution on the budget for fiscal year 2002 (H.

Con. Res. 83, 107th Congress), to the extent necessary to reflect

the revised limits on discretionary budget authority and outlays

for fiscal year 2002 provided in subsection (a);

(2) revise allocations under section 302(a) of the Congressional Budget Act of 1974 to the Committee on Appropriations

of their respective House as initially set forth in the joint explanatory statement of managers accompanying the conference

report on that concurrent resolution, to the extent necessary to

reflect the revised limits on discretionary budget authority and

outlays for fiscal year 2002 provided in subsection (a); and

(3) publish those revised aggregates and allocations in the

Congressional Record.

(c) REPEAL OF SECTION 203 OF BUDGET RESOLUTION FOR FISCAL YEAR 2002.—Section 203 of the concurrent resolution on the

budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress) is repealed.

(d) ADJUSTMENTS.—If, for fiscal year 2002, the amount of new

budget authority provided in appropriation Acts exceeds the discretionary spending limit on new budget authority for any category due

to technical estimates made by the Director of the Office of Management and Budget, the Director shall make an adjustment equal to

the amount of the excess, but not to exceed an amount equal to 0.12

percent of the sum of the adjusted discretionary limits on new budget authority for all categories for fiscal year 2002.

SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In preparing the

final sequestration report for fiscal year 2002 required by section

254(f)(3) of the Balanced Budget and Emergency Deficit Control Act

of 1985, the Director of the Office of Management and Budget shall

change any balance of direct spending and receipts legislation for

fiscal years 2001 and 2002 under section 252 of that Act to zero.

SEC. 103. When the President submits a budget of the United

States Government under section 1105(a) of title 31, United States

Code, for fiscal year 2003, he shall submit a report to the Congress

that identifies any emergency-designated funding (pursuant to secVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00118 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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tion 251(b)(2)(A) or section 252(e) of the Balanced Budget and

Emergency Deficit Control Act of 1985) in legislation enacted after

September 11, 2001, and before such submission in response to the

events of September 11, 2001, that is of an ongoing and recurring

nature.

SEC. 104. (a) Adjustments made to the section 302(a) allocations pursuant to section 101(b) shall be deemed to be allocations

set forth in the joint explanatory statement of managers accompanying the concurrent resolution on the budget for fiscal year 2002

for all purposes under titles III and IV of the Congressional Budget

Act of 1974.

(b) REPEALER.—Section 221(d)(2) of the concurrent resolution

on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress,

1st session) is repealed.

DIVISION D—MISCELLANEOUS PROVISIONS

TITLE I—CONVEYANCE OF HOMESTAKE

MINE

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Homestake Mine Conveyance Act

of 2001’’.

SEC. 102. FINDINGS.

Congress finds the following:

(1) The United States is among the leading nations in the

world in conducting basic scientific research.

(2) That leadership position strengthens the economy and

national defense of the United States and provides other important benefits.

(3) The Homestake Mine in Lead, South Dakota, owned by

the Homestake Mining Company of California, is approximately

8,000 feet deep and is situated in a unique physical setting that

is ideal for carrying out certain types of particle physics and

other research.

(4) The Mine has been selected by the National Underground Science Laboratory Committee, an independent panel of

distinguished scientists, as the preferred site for the construction of the National Underground Science Laboratory.

(5) Such a laboratory would be used to conduct scientific

research that would be funded and recognized as significant by

the United States.

(6) The establishment of the laboratory is in the national

interest and would substantially improve the capability of the

United States to conduct important scientific research.

(7) For economic reasons, Homestake intends to cease operations at the Mine in 2001.

(8) On cessation of operations of the Mine, Homestake intends to implement reclamation actions that would preclude the

establishment of a laboratory at the Mine.

(9) Homestake has advised the State that, after cessation of

operations at the Mine, instead of closing the entire Mine,

Homestake is willing to donate the underground portion of the

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tial value at the Mine for use as the National Underground

Science Laboratory.

(10) Use of the Mine as the site for the laboratory, instead

of other locations under consideration, would result in a savings of millions of dollars for the Federal Government.

(11) If the Mine is selected as the site for the laboratory, it

is essential that closure of the Mine not preclude the location of

the laboratory at the Mine.

(12) Homestake is unwilling to donate, and the State is unwilling to accept, the property at the Mine for the laboratory if

Homestake and the State would continue to have potential liability with respect to the transferred property.

(13) To secure the use of the Mine as the location for the

laboratory and to realize the benefits of the proposed laboratory

it is necessary for the United States to—

(A) assume a portion of any potential future liability of

Homestake concerning the Mine; and

(B) address potential liability associated with the operation of the laboratory.

SEC. 103. DEFINITIONS.

In this title:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the Environmental Protection Agency.

(2) AFFILIATE.—

(A) IN GENERAL.—The term ‘‘affiliate’’ means any corporation or other person that controls, is controlled by, or

is under common control with Homestake.

(B) INCLUSIONS.—The term ‘‘affiliate’’ includes a director, officer, or employee of an affiliate.

(3) CONVEYANCE.—The term ‘‘conveyance’’ means the conveyance of the Mine to the State under section 104(a).

(4) FUND.—The term ‘‘Fund’’ means the Environment and

Project Trust Fund established under section 108.

(5) HOMESTAKE.—

(A) IN GENERAL.—The term ‘‘Homestake’’ means the

Homestake Mining Company of California, a California

corporation.

(B) INCLUSION.—The term ‘‘Homestake’’ includes—

(i) a director, officer, or employee of Homestake;

(ii) an affiliate of Homestake; and

(iii) any successor of Homestake or successor to the

interest of Homestake in the Mine.

(6) INDEPENDENT ENTITY.—The term ‘‘independent entity’’

means an independent entity selected jointly by Homestake, the

South Dakota Department of Environment and Natural Resources, and the Administrator—

(A) to conduct a due diligence inspection under section

104(b)(2)(A); and

(B) to determine the fair value of the Mine under section 105(a).

(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b).

(8) LABORATORY.—

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(A) IN GENERAL.—The term ‘‘laboratory’’ means the national underground science laboratory proposed to be established at the Mine after the conveyance.

(B) INCLUSION.—The term ‘‘laboratory’’ includes operating and support facilities of the laboratory.

(9) MINE.— (A) IN GENERAL.—The term ‘‘Mine’’ means the portion

of the Homestake Mine in Lawrence County, South Dakota,

proposed to be conveyed to the State for the establishment

and operation of the laboratory.

(B) INCLUSIONS.—The term ‘‘Mine’’ includes— (i) real property, mineral and oil and gas rights,

shafts, tunnels, structures, backfill, broken rock, fixtures, facilities, and personal property to be conveyed

for establishment and operation of the laboratory, as

agreed upon by Homestake and the State; and

(ii) any water that flows into the Mine from any

source.

(C) EXCLUSIONS.—The term ‘‘Mine’’ does not include— (i) the feature known as the ‘‘Open Cut’’;

(ii) any tailings or tailings storage facility (other

than backfill in the portion of the Mine described in

subparagraph (A)); or

(iii) any waste rock or any site used for the dumping of waste rock (other than broken rock in the portion

of the Mine described in subparagraph (A)).

(10) PERSON.—The term ‘‘person’’ means— (A) an individual;

(B) a trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, or any other type of business entity;

(C) a State or political subdivision of a State;

(D) a foreign governmental entity;

(E) an Indian tribe; and

(F) any department, agency, or instrumentality of the

United States.

(11) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means

an entity that manages or pays the costs of 1 or more projects

that are carried out or proposed to be carried out at the laboratory.

(12) SCIENTIFIC ADVISORY BOARD.—The term ‘‘Scientific Advisory Board’’ means the entity designated in the management

plan of the laboratory to provide scientific oversight for the operation of the laboratory.

(13) STATE.—

(A) IN GENERAL.—The term ‘‘State’’ means the State of

South Dakota.

(B) INCLUSIONS.—The term ‘‘State’’ includes an institution, agency, officer, or employee of the State.

SEC. 104. CONVEYANCE OF REAL PROPERTY.

(a) IN GENERAL.—

(1) DELIVERY OF DOCUMENTS.—Subject to paragraph (2)

and subsection (b) and notwithstanding any other provision of

law, on the execution and delivery by Homestake of 1 or more

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quitclaim deeds or bills of sale conveying to the State all right,

title, and interest of Homestake in and to the Mine, title to the

Mine shall pass from Homestake to the State.

(2) CONDITION OF MINE ON CONVEYANCE.—The Mine shall

be conveyed as is, with no representations as to the condition

of the property.

(b) REQUIREMENTS FOR CONVEYANCE.—

(1) IN GENERAL.—The Administrator’s acceptance of the

final report or certification of the independent entity under

paragraph (4) is a condition precedent of the conveyance and of

the assumption of liability by the United States in accordance

with this title.

(2) DUE DILIGENCE INSPECTION.—

(A) IN GENERAL.—As a condition precedent of conveyance and of Federal participation described in this title,

Homestake shall permit an independent entity to conduct a

due diligence inspection of the Mine to determine whether

any condition of the Mine may present an imminent and

substantial endangerment to public health or the environment.

(B) CONSULTATION.—As a condition precedent of the

conduct of a due diligence inspection, the Administrator, in

consultation with Homestake, the South Dakota Department of Environment and Natural Resources, and the independent entity, shall define the methodology and standards

to be used, and other factors to be considered, by the independent entity in—

(i) the conduct of the due diligence inspection;

(ii) the scope of the due diligence inspection; and

(iii) the time and duration of the due diligence inspection.

(C) PARTICIPATION BY HOMESTAKE.—Nothing in this

paragraph requires Homestake to participate in the conduct

of the due diligence inspection.

(3) REPORT TO THE ADMINISTRATOR.—

(A) IN GENERAL.—The independent entity shall submit

to the Administrator a report that—

(i) describes the results of the due diligence inspection under paragraph (2); and

(ii) identifies any condition of or in the Mine that

may present an imminent and substantial

endangerment to public health or the environment.

(B) PROCEDURE.—

(i) DRAFT REPORT.—Before finalizing the report

under this paragraph, the independent entity shall—

(I) issue a draft report;

(II) submit to the Administrator, Homestake,

and the State a copy of the draft report;

(III) issue a public notice requesting comments

on the draft report that requires all such comments

to be filed not later than 45 days after issuance of

the public notice; and

(IV) during that 45-day public comment period, conduct at least 1 public hearing in Lead,

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South Dakota, to receive comments on the draft report.

(ii) FINAL REPORT.—In the final report submitted

to the Administrator under this paragraph, the independent entity shall respond to, and incorporate necessary changes suggested by, the comments received on

the draft report.

(4) REVIEW AND APPROVAL BY ADMINISTRATOR.— (A) IN GENERAL.—Not later than 60 days after receiving the final report under paragraph (3), the Administrator

shall— (i) review the report; and

(ii) notify the State in writing of acceptance or rejection of the final report.

(B) CONDITIONS FOR REJECTION.—The Administrator

may reject the final report if the report discloses 1 or more

conditions that— (i) as determined by the Administrator, may

present an imminent and substantial endangerment to

the public health or the environment and require a response action; or

(ii) otherwise make the conveyance in section 104,

or the assumption of liability, the release of liability, or

the indemnification in section 106 contrary to the public interest.

(C) RESPONSE ACTIONS AND CERTIFICATION.— (i) RESPONSE ACTIONS.— (I) IN GENERAL.—If the Administrator rejects

the final report, Homestake may carry out or bear

the cost of, or permit the State or another person

to carry out or bear the cost of, such response actions as are necessary to correct any condition

identified by the Administrator under subparagraph (B)(i) that may present an imminent and

substantial endangerment to public health or the

environment.

(II) LONG-TERM RESPONSE ACTIONS.— (aa) IN GENERAL.—In a case in which the

Administrator determines that a condition

identified by the Administrator under subparagraph (B)(i) requires continuing response

action, or response action that can be completed only as part of the final closure of the

laboratory, it shall be a condition of conveyance that Homestake, the State, or another

person deposit into the Fund such amount as

is estimated by the independent entity, on a

net present value basis and after taking into

account estimated interest on that basis to be

sufficient to pay the costs of the long-term response action or the response action that will

be completed as part of the final closure of the

laboratory.

(bb) LIMITATION ON USE OF FUNDS.—None

of the funds deposited into the Fund under

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item (aa) shall be expended for any purpose

other than to pay the costs of the long-term response action, or the response action that will

be completed as part of the final closure of the

Mine, identified under that item.

(ii) CONTRIBUTION BY HOMESTAKE.—The total

amount that Homestake may expend, pay, or deposit

into the Fund under subclauses (I) and (II) of clause

(i) shall not exceed—

(I) $75,000,000; less

(II) the fair value of the Mine as determined

under section 105(a).

(iii) CERTIFICATION.—

(I) IN GENERAL.—After any response actions

described in clause (i)(I) are carried out and any

required funds are deposited under clause (i)(II),

the independent entity may certify to the Administrator that the conditions for rejection identified by

the Administrator under subparagraph (B) have

been corrected.

(II) ACCEPTANCE OR REJECTION OF CERTIFI- CATION.—Not later than 60 days after an independent entity makes a certification under subclause (I), the Administrator shall accept or reject

the certification.

(c) REVIEW OF CONVEYANCE.—For the purposes of the conveyance, the requirements of this section shall be considered to be sufficient to meet any requirement of the National Environmental Policy

Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 105. ASSESSMENT OF PROPERTY.

(a) VALUATION OF PROPERTY.—The independent entity shall assess the fair value of the Mine.

(b) FAIR VALUE.—For the purposes of this section, the fair value

of the Mine shall be the fair market value as determined by an appraisal in conformance with the Uniform Appraisal Standards for

Federal Land Acquisition. To the extent appraised items only have

value to the Federal Government for the purpose of constructing the

laboratory, the appraiser shall also add to the assessment of fair

value the estimated cost of replacing the shafts, winzes, hoists, tunnels, ventilation system and other equipment and improvements at

the Mine that are expected to be used at, or that will be useful to,

the laboratory.

(c) REPORT.—Not later than the date on which each report developed in accordance with section 104(b)(3) is submitted to the Administrator, the independent entity described in subsection (a) shall

submit to the State a report that identifies the fair value assessed

under subsection (a).

SEC. 106. LIABILITY.

(a) ASSUMPTION OF LIABILITY.—

(1) ASSUMPTION.—Subject to paragraph (2), notwithstanding any other provision of law, on completion of the conveyance in accordance with this title, the United States shall

assume any and all liability relating to the Mine and laboratory, including liability for—

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(A) damages;

(B) reclamation;

(C) the costs of response to any hazardous substance

(as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980

(42 U.S.C. 9601)), contaminant, or other material on,

under, or relating to the Mine and laboratory; and

(D) closure of the Mine and laboratory.

(2) CLAIMS AGAINST UNITED STATES.—In the case of any

claim brought against the United States, the United States

shall be liable for— (A) damages under paragraph (1)(A), only to the extent

that an award of damages is made in a civil action brought

under chapter 171 of title 28, United States Code, notwithstanding that the act or omission giving rise to the claim

was not committed by an employee of the United States;

and

(B) response costs under paragraph (1)(C), only to the

extent that an award of response costs is made in a civil

action brought under— (i) the Federal Water Pollution Control Act (33

U.S.C. 1251 et seq.);

(ii) the Solid Waste Disposal Act (42 U.S.C. 6901

et seq.);

(iii) the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.); or

(iv) any other applicable Federal environmental

law, as determined by the Administrator.

(b) LIABILITY PROTECTION.—On completion of the conveyance,

neither Homestake nor the State shall be liable to any person or the

United States for injuries, costs, injunctive relief, reclamation, damages (including damages to natural resources or the environment),

or expenses, or liable under any other claim (including claims for

indemnification or contribution, claims by third parties for death,

personal injury, illness, or loss of or damage to property, or claims

for economic loss), under any law (including a regulation) for any

claim arising out of or in connection with contamination, pollution,

or other condition, use, or closure of the Mine and laboratory, regardless of when a condition giving rise to the liability originated

or was discovered.

(c) INDEMNIFICATION.—Notwithstanding any other provision of

law, on completion of the conveyance in accordance with this title,

the United States shall indemnify, defend, and hold harmless

Homestake and the State from and against—

(1) any and all liabilities and claims described in subsection (a), without regard to any limitation under subsection

(a)(2); and

(2) any and all liabilities and claims described in subsection (b).

(d) WAIVER OF SOVEREIGN IMMUNITY.—For purposes of this

title, the United States waives any claim to sovereign immunity

with respect to any claim of Homestake or the State under this title.

(e) TIMING FOR ASSUMPTION OF LIABILITY.—If the conveyance is

effectuated by more than 1 legal transaction, the assumption of liVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00125 Fmt 6659 Sfmt 6603 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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ability, liability protection, indemnification, and waiver of sovereign

immunity provided for under this section shall apply to each legal

transaction, as of the date on which the transaction is completed

and with respect to such portion of the Mine as is conveyed under

that transaction.

(f) EXCEPTIONS FOR CERTAIN CLAIMS.—Nothing in this section

constitutes an assumption of liability by the United States, or relief

of liability of Homestake, for—

(1) any unemployment, worker’s compensation, or other employment-related claim or cause of action of an employee of

Homestake that arose before the date of conveyance;

(2) any claim or cause of action that arose before the date

of conveyance, other than claims relating to environmental response costs or natural resource damages; or

(3) any violation of any provision of criminal law.

(g) EXCEPTION FOR OFF-SITE ENVIRONMENTAL CLAIMS.—Nothing in this title constitutes an assumption of liability by the United

States, relief of liability for Homestake, or obligation to indemnify

Homestake, for any claim, injury, damage, liability, or reclamation

or cleanup obligation with respect to any property or asset that is

not conveyed under this title, except to the extent that any such

claim, injury, damage, liability, or reclamation or cleanup obligation is based on activities or events at the Mine subsequent to the

date of conveyance.

SEC. 107. INSURANCE COVERAGE.

(a) PROPERTY AND LIABILITY INSURANCE.—

(1) IN GENERAL.—To the extent property and liability insurance is available and subject to the requirements described in

paragraph (2), the State shall purchase property and liability

insurance for the Mine and the operation of the laboratory to

provide coverage against the liability described in subsections

(a) and (b) of section 106.

(2) REQUIREMENTS.—The requirements referred to in paragraph (1) are the following:

(A) TERMS OF INSURANCE.—In determining the type,

extent of coverage, and policy limits of insurance purchased

under this subsection, the State shall—

(i) periodically consult with the Administrator and

the Scientific Advisory Board; and

(ii) consider certain factors, including—

(I) the nature of the projects and experiments

being conducted in the laboratory;

(II) the availability and cost of commercial insurance; and

(III) the amount of funding available to purchase commercial insurance.

(B) ADDITIONAL TERMS.—The insurance purchased by

the State under this subsection may provide coverage that

is—

(i) secondary to the insurance purchased by project

sponsors; and

(ii) in excess of amounts available in the Fund to

pay any claim.

(3) FINANCING OF INSURANCE PURCHASE.—

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(A) IN GENERAL.—Subject to section 108, the State may

finance the purchase of insurance required under this subsection by using—

(i) funds made available from the Fund; and

(ii) such other funds as are received by the State

for the purchase of insurance for the Mine and laboratory.

(B) NO REQUIREMENT TO USE STATE FUNDS.—Nothing

in this title requires the State to use State funds to purchase insurance required under this subsection.

(4) ADDITIONAL INSURED.—Any insurance purchased by the

State under this subsection shall—

(A) name the United States as an additional insured;

or

(B) otherwise provide that the United States is a beneficiary of the insurance policy having the primary right to

enforce all rights of the United States under the policy.

(5) TERMINATION OF OBLIGATION TO PURCHASE INSURANCE.—The obligation of the State to purchase insurance under

this subsection shall terminate on the date on which—

(A) the Mine ceases to be used as a laboratory; or

(B) sufficient funding ceases to be available for the operation and maintenance of the Mine or laboratory.

(b) PROJECT INSURANCE.—

(1) IN GENERAL.—The State, in consultation with the Administrator and the Scientific Advisory Board, may require, as

a condition of approval of a project for the laboratory, that a

project sponsor provide property and liability insurance or other

applicable coverage for potential liability associated with the

project described in subsections (a) and (b) of section 106.

(2) ADDITIONAL INSURED.—Any insurance obtained by the

project sponsor under this section shall—

(A) name the State and the United States as additional

insureds; or

(B) otherwise provide that the State and the United

States are beneficiaries of the insurance policy having the

primary right to enforce all rights under the policy.

(c) STATE INSURANCE.—

(1) IN GENERAL.—To the extent required by State law, the

State shall purchase, with respect to the operation of the Mine

and the laboratory—

(A) unemployment compensation insurance; and

(B) worker’s compensation insurance.

(2) PROHIBITION ON USE OF FUNDS FROM FUND.—A State

shall not use funds from the Fund to carry out paragraph (1).

SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.

(a) ESTABLISHMENT.—On completion of the conveyance, the

State shall establish, in an interest-bearing account at an accredited

financial institution located within the State, the Environment and

Project Trust Fund.

(b) AMOUNTS.—The Fund shall consist of—

(1) an annual deposit from the operation and maintenance

funding provided for the laboratory in an amount to be

determined—

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(A) by the State, in consultation with the Administrator and the Scientific Advisory Board; and

(B) after taking into consideration—

(i) the nature of the projects and experiments being

conducted at the laboratory;

(ii) available amounts in the Fund;

(iii) any pending costs or claims that may be required to be paid out of the Fund; and

(iv) the amount of funding required for future actions associated with the closure of the facility;

(2) an amount determined by the State, in consultation

with the Administrator and the Scientific Advisory Board, and

to be paid by the appropriate project sponsor, for each project

to be conducted, which amount—

(A) shall be used to pay—

(i) costs incurred in removing from the Mine or

laboratory equipment or other materials related to the

project;

(ii) claims arising out of or in connection with the

project; and

(iii) if any portion of the amount remains after

paying the expenses described in clauses (i) and (ii),

other costs described in subsection (c); and

(B) may, at the discretion of the State, be assessed—

(i) annually; or

(ii) in a lump sum as a prerequisite to the approval of the project;

(3) interest earned on amounts in the Fund, which amount

of interest shall be used only for a purpose described in subsection (c); and

(4) all other funds received and designated by the State for

deposit in the Fund.

(c) EXPENDITURES FROM FUND.—Amounts in the Fund shall be

used only for the purposes of funding—

(1) waste and hazardous substance removal or remediation,

or other environmental cleanup at the Mine;

(2) removal of equipment and material no longer used, or

necessary for use, in conjunction with a project conducted at the

laboratory;

(3) a claim arising out of or in connection with the conducting of such a project;

(4) purchases of insurance by the State as required under

section 107;

(5) payments for and other costs relating to liability described in section 106; and

(6) closure of the Mine and laboratory.

(d) FEDERAL PAYMENTS FROM FUND.—The United States—

(1) to the extent the United States assumes liability under

section 106—

(A) shall be a beneficiary of the Fund; and

(B) may direct that amounts in the Fund be applied to

pay amounts and costs described in this section; and

(2) may take action to enforce the right of the United States

to receive 1 or more payments from the Fund.

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(e) NO REQUIREMENT OF DEPOSIT OF PUBLIC FUNDS.—Nothing

in this section requires the State to deposit State funds as a condition of the assumption by the United States of liability, or the relief

of the State or Homestake from liability, under section 106.

SEC. 109. WASTE ROCK MIXING.

After completion of the conveyance, the State shall obtain the

approval of the Administrator before disposing of any material

quantity of laboratory waste rock if— (1) the disposal site is on land not conveyed under this title;

and

(2) the State determines that the disposal could result in

commingling of laboratory waste rock with waste rock disposed

of by Homestake before the date of conveyance.

SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.

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

SEC. 111. CONTINGENCY.

This title shall be effective contingent on approval by the National Science Board and the making of an award by the National

Science Foundation for the establishment of the laboratory at the

Mine.

SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

If the conveyance under this title does not occur, any obligation

of Homestake relating to the Mine shall be limited to such reclamation or remediation as is required under any applicable law other

than this title.

SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.

The United States may seek payment—

(1) from the Fund, under section 108(d), to pay or reimburse the United States for amounts payable or liabilities incurred under this title; and

(2) from available insurance, to pay or reimburse the

United States and the Fund for amounts payable or liabilities

incurred under this title.

SEC. 114. CONSENT DECREES.

Nothing in this title affects any obligation of a party under—

(1) the 1990 Remedial Action Consent Decree (Civ. No. 90–

5101 D. S.D.); or

(2) the 1999 Natural Resource Damage Consent Decree

(Civ. Nos. 97–5078 and 97–5100, D. S.D.).

SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 116. CONGRESSIONAL BUDGET ACT.

Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines

set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217, the provisions of

this title that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under section 252 of the Balanced Budget and Emergency Deficit Control Act

of 1985 were it included in an Act other than an appropriations Act

126

shall be treated as direct spending or receipts legislation, as appropriate, under section 252 of the Balanced Budget and Emergency

Deficit Control Act of 1985, and by the Chairmen of the House and

Senate Budget Committees, as appropriate, under the Congressional

Budget act.

TITLE II—GENERAL PROVISION, THIS

DIVISION

SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY CENTER FOR

THE PERFORMING ARTS. (a) MEMBERSHIP.—Section 2(a) of the John

F. Kennedy Center Act (20 U.S.C. 76h(a)) is amended—

(1) by striking ‘‘There is hereby’’ and inserting the following:

‘‘(1) IN GENERAL.—There is’’; and

(2) by striking the second sentence and inserting the following:

‘‘(2) MEMBERSHIP.—The Board shall be composed of—

‘‘(A) the Secretary of Health and Human Services;

‘‘(B) the Librarian of Congress;

‘‘(C) the Secretary of State;

‘‘(D) the Chairman of the Commission of Fine Arts;

‘‘(E) the Mayor of the District of Columbia;

‘‘(F) the Superintendent of Schools of the District of Columbia;

‘‘(G) the Director of the National Park Service;

‘‘(H) the Secretary of Education;

‘‘(I) the Secretary of the Smithsonian Institution;

‘‘(J)(i) the Speaker and the Minority Leader of the

House of Representatives;

‘‘(ii) the chairman and ranking minority member of the

Committee on Public Works and Transportation of the

House of Representatives; and

‘‘(iii) 3 additional Members of the House of Representatives appointed by the Speaker of the House of Representatives;

‘‘(K)(i) the Majority Leader and the Minority Leader of

the Senate;

‘‘(ii) the chairman and ranking minority member of the

Committee on Environment and Public Works of the Senate; and

‘‘(iii) 3 additional Members of the Senate appointed by

the President of the Senate; and

‘‘(L) 36 general trustees, who shall be citizens of the

United States, to be appointed in accordance with subsection (b).’’.

(b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES.—Section

2(b) of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall

apply to each general trustee of the John F. Kennedy Center for the

Performing Arts whose position is established by the amendment

made by subsection (a)(2) (referred to in this subsection as a ‘‘new

general trustee’’), except that the initial term of office of each new

general trustee shall—

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(1) commence on the date on which the new general trustee

is appointed by the President; and

(2) terminate on September 1, 2007.

This Act may be cited as the ‘‘Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response

to Terrorist Attacks on the United States Act, 2002’’. And the Senate agree to the same.

For consideration of Division A of the House bill and Division A of the Senate amendment, and modifications committed to conference:

JERRY LEWIS,

BILL YOUNG,

JOE SKEEN,

DAVE HOBSON,

HENRY BONILLA,

GEORGE R. NETHERCUTT, Jr.,

RANDY ‘‘DUKE’’ CUNNINGHAM,

RODNEY P. FRELINGHUYSEN,

TODD TIAHRT,

JOHN P. MURTHA,

NORMAN D. DICKS,

MARTIN OLAV SABO,

PETER J. VISCLOSKY,

JAMES P. MORAN,

DAVID R. OBEY,

(except for aircraft leasing),

For consideration of all other matters of the House bill and

other matters of the Senate amendment, and modifications

committed to conference:

BILL YOUNG,

JERRY LEWIS,

DAVID OBEY,

Managers on the Part of the House.

DANIEL K. INOUYE, ERNEST F. HOLLINGS, ROBERT C. BYRD, PATRICK J. LEAHY, TOM HARKIN, BYRON L. DORGAN,

RICHARD J. DURBIN,

HARRY REID,

DIANNE FEINSTEIN,

HERB KOHL,

TED STEVENS,

THAD COCHRAN,

ARLEN SPECTER,

PETE DOMENICI,

CHRISTOPHER BOND, MITCH MCCONNELL, RICHARD C. SHELBY,

JUDD GREGG, KAY BAILEY HUTCHISON,

Managers on the Part of the

Senate.

(129)

JOINT EXPLANATORY STATEMENT

The managers on the part of the House and the Senate at the

conference on the disagreeing votes of the two Houses on the

amendment of the Senate to the bill (H.R. 3338), making appropriations for the Department of Defense for the fiscal year ending

September 30, 2002, and for other purposes, submit the following

joint statement to the House and the Senate in explanation of the

effect of the action agreed upon by the managers and recommended

in the accompanying conference report.

The conference agreement on the Department of Defense Appropriations Act, 2002, incorporates some of the provisions of both

the House and Senate versions of the bill. The language and allocations set forth in House Report 107–298 and Senate Report 107–

109 should be complied with unless specifically addressed in the accompanying bill and statement of the managers to the contrary.

Senate Amendment: The Senate deleted the entire House bill

after the enacting clause and inserted the Senate bill. The conference agreement includes a revised bill.

DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

The conferees agree that for the purposes of the Balanced

Budget and Emergency Deficit Control Act of 1985 (Public Law 99–

177) as amended by the Balanced Budget and Emergency Deficit

Control Reaffirmation Act of 1987 (Public Law 100–119) and by the

Budget Enforcement Act of 1990 (Public Law 101–508), the term

program, project, and activity for appropriations contained in this

Act shall be defined as the most specific level of budget items identified in the Department of Defense Appropriations Act, 2002, the

accompanying House and Senate Committee reports, the conference

report and accompanying joint explanatory statement of the managers of the Committee of Conference, the related classified annexes and reports, and the P–1 and R–1 budget justification documents as subsequently modified by Congressional action. The following exception to the above definition shall apply:

For the Military Personnel and the Operation and Maintenance accounts, the term ‘‘program, project, and activity’’ is defined

as the appropriations accounts contained in the Department of Defense Appropriations Act. At the time the President submits his

budget for fiscal year 2003, the conferees direct the Department of

Defense to transmit to the congressional defense committees budget justification documents to be known as the ‘‘M–1’’ and ‘‘O–1’’

which shall identify, at the budget activity, activity group, and subactivity group level, the amount requested by the President to be

appropriated to the Department of Defense for operation and maintenance in any budget request, or amended budget request, for fiscal year 2003.

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TITLE I—MILITARY PERSONNEL

The conferees agree to the following amounts for the Military

Personnel accounts:

[In thousands of dollars]

Budget House Senate Conference

Active Personnel:

Army .............................................................................. $23,626,684 $23,336,884 $23,446,734 $23,752,384

Navy ............................................................................... 19,606,984 19,574,184 19,465,964 19,551,484

Marine Corps ................................................................. 7,365,040 7,343,640 7,335,370 7,345,340

Air Force ........................................................................ 20,151,514 19,784,614 20,032,704 19,724,014

Reserve Personnel:

Army .............................................................................. 2,604,197 2,629,197 2,670,197 2,670,197

Navy ............................................................................... 1,643,523 1,644,823 1,650,523 1,654,523

Marine Corps ................................................................. 463,300 466,800 466,300 471,200

Air Force ........................................................................ 1,055,160 1,055,160 1,061,160 1,061,160

National Guard Personnel:

Army .............................................................................. 4,014,135 4,004,335 4,052,695 4,041,695

Air Force ........................................................................ 1,776,744 1,777,654 1,783,744 1,784,654

Total, Military Personnel ........................................... 82,307,281 81,617,291 81,965,391 82,056,651

PERSONNEL UNDEREXECUTION SAVINGS

The conferees recommend a total reduction of $313,200,000, instead of $324,200,000 as proposed by the House, to the Active Military Personnel accounts due to lower than budgeted fiscal year

2001 end strengths, and differences in the actual grade mix of officers and enlisted recommended in the budget request. The General

Accounting Office estimates that the active components will have

fewer personnel on board to begin fiscal year 2002, and as a result,

the fiscal year 2002 pay and allowances requirements for personnel

are incorrect and the budgets overstated.

PERMANENT CHANGE OF STATION MOVES

The conferees recommend a total reduction of $180,000,000, instead of $317,000,000 as proposed by the Senate to the active Military Personnel accounts for permanent change of station (PCS)

moves. The conferees direct the Secretary of Defense to develop a

comprehensive plan to reduce the quantity of PCS moves by 25 percent by the end of fiscal year 2004, and to report to the congressional defense committees on that plan no later than May 1, 2002.

FORCE STRUCTURE CHANGES

The conferees recommend a total of $88,500,000 in the Military

Personnel and Operation and Maintenance accounts for force structure that was not included in the budget request, as follows:

[In thousands of dollars]

Milpers O&M Proc. Total

Air Force B-52 aircraft ........................................................................................... $2,300 $26,000 $14,300 $42,600

Army Reserve Full-Time Support ........................................................................... 10,000 .............. .............. 10,000

Army National Guard Full-Time Support ............................................................... 24,700 11,200 .............. 35,900

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Active End Strength

[Fiscal year 2002]

Budget Conference Conference vs. budget

Army ...................................................................................................... $480,000 $480,000 ..........................

Navy ...................................................................................................... 376,000 376,000 ..........................

Marine Corps ......................................................................................... 172,600 172,600 ..........................

Air Force ................................................................................................ 358,800 358,800 ..........................

Total, Active Personnel ............................................................ 1,387,400 1,387,400 ..........................

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ARMY REORGANIZATION

The conferees commend the Secretary of the Army for undertaking a comprehensive review of Army requirements generation,

acquisition, resource management, and Departmental headquarters

functions and systems. The Center for Naval Analyses study required by the conferees in fiscal year 2001 identified serious management issues that merited careful review and analysis. The Army

has taken several promising steps in response to this report to reduce duplication and improve efficiency in the acquisition and

headquarters management area, and the conferees are hopeful that

the final Army plan will realize the full benefits identified in the

CNA analysis. The conferees have included a Provision (Sec. 8149)

requiring the Secretary of the Army to submit a final report to the

congressional defense committees describing the complete reorganization plan that he intends to implement by no later than April

15, 2002. This report shall describe the final realignments contemplated for all functional areas, and identify the operational efficiencies, personnel realignments and cost savings to be derived

from this comprehensive reorganization on an annual basis

through fiscal year 2008. The conferees believe the Army also will

benefit from a close-out review by the CNA review team to comment on and validate the realignments. Section 8149 calls for a

final CNA review to undertake this activity. The conferees view

these management reforms as an important step to improve the

Army’s ability to deliver its bold transformation plan in the timeframe articulated by Army leaders.

INNOVATIVE SAFETY MANAGEMENT PILOT

The conferees recognize that there are initiatives underway in

the private sector that dramatically reduce the incidence of workplace injuries and their related costs. The conferees therefore direct

the Secretary of the Army to adopt for use in the workplace of civilian employees of the Department of the Army such work safety

models used by employers in the private sector that the Secretary

considers as being representative of the best work safety practices

in use by private sector employers. The conferees recommend an

additional $2,500,000 in Operation and Maintenance, Army to

begin this initiative in fiscal year 2002.

UNUTILIZED PLANT CAPACITY

The conference agreement provides an additional $17,500,000

for industrial preparedness, or unutilized plant capacity, above the

funds identified in the budget request. The conferees direct the

Army to allocate no less than $25,000,000 above the request for unutilized plant capacity. Of these funds, $7,500,000 shall be available for the Arsenal Support Initiative.

ROTC FACILITY REHABILITATION

The conferees provide an additional $200,000 in Operation and

Maintenance, Army only for rehabilitation of the athletic facility

used for the joint Husson College and University of Maine ROTC

program.

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ST. LOUIS ARMY AMMUNITION PLANT

The conferees direct that of the funds provided in Operation

and Maintenance, Army, $5,000,000 shall be available only for St.

Louis Army Ammunition Plant clean up and disposal costs.

OTHER PROGRAMS

The conferees agree to provide funds for the Expert Radar Signature Solutions in the appropriate Research, Development, Test

and Evaluation account.

The conferees agree that funds provided for language training

programs should be used to meet critical advanced language training requirements.

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SHIP DEPOT MAINTENANCE

The conferees are aware that the ship depot maintenance account has been underfunded in recent years. This underfunding

was caused by several factors, including a deficient calculation that

understated the requirement, underfunding of the requirement

which was identified, and the added costs associated with high deployment levels. The conferees applaud the Navy’s efforts to revise

the maintenance calculation to more adequately reflect the real requirement, and to fully fund maintenance in the future. The conferees recognize, however, that the FY02 budget lacks the necessary funds to implement them. The conferees expect that for

FY03 and future years the Navy will implement the revised maintenance calculations to properly align depot maintenance requirements and necessary funding. The conferees direct the Secretary of

the Navy to provide with the FY03 budget submission a plan to

eliminate the maintenance backlog that has accumulated as a result of previous underfunding.

MANUAL REVERSE OSMOSIS DESALINATORS

The Committee has provided an additional $1,000,000 for the

refurbishment of Manual Reverse Osmosis Desalinators (MROD).

Of the additional funds provided, $500,000 is to be used for Navy

surface fleet MROD refurbishment, and $500,000 is to be used for

Navy Aviation MROD refurbishment.

POINT MOLATE

In view of the public safety and historic preservation issues involved, the conferees believe the Navy should continue the level of

effort it provided in FY 2001 in carrying out its joint caretaker responsibilities for the base at Point Molate while it is being prepared for conveyance. The conferees expect the Naval Facilities Engineering Command and the City of Richmond, CA to operate

under similar terms and conditions as agreed to in their Cooperative Agreement through the balance of fiscal year 2002.

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CONTAMINANT AIR PROCESSING SYSTEMS

The conferees commend the Secretary of the Air Force for

standardizing mission critical equipment that allows Air Force personnel to be effectively processed after contact with biological,

chemical or nuclear agents. The conferees instruct the Secretary to

use $1,000,000 within available funds to enable installations to

purchase contaminant air processing systems and related components to ensure all Air Force installations are standardized in this

methodology and equipment.

INTERNATIONAL SUPPORT

The conferees are pleased with efforts and progress made in

programs funded in the Air Force subactivity group for International Support. The conferees are aware that these funds support

U.S. Central Command’s military contacts with Central Asian

States. The conferees encourage continued progress in the Cooperative Defense Initiative that is underway to assess the ability of regional partners to respond to chemical or biological attacks. Funding reductions in this line to limit overall growth are not punitive

in nature, and the Secretary of the Air Force is encouraged to support this worthy program.

OTHER PROGRAMS

The conferees agree to reduce U–2 operation and maintenance (O&M) funding by $3,000,000 due to availability of funds in the appropriate Research, Development, Test and Evaluation account and

recommends that these funds be transferred to O&M to offset this

reduction.

The conferees agree to provide an additional $1,500,000 for the

Threat Representation and Validation project and an additional

$2,500,000 for operation of the Eagle Vision System for the Air National Guard.

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BIOFUELS AND BIOBASED PRODUCTS

With the heavy Department of Defense reliance on gasoline

and diesel fuels derived from foreign oil production, the conferees

agree that it is important for the Department to investigate new

ways to increase the usage of alternative domestically produced

fuels, including biofuels and biobased products. The conferees direct the Department to submit a report to the congressional defense committees by March 15, 2002 detailing its best estimates of:

(1) the total annual volume and cost of fuels by fuel type (gasoline,

diesel, ethanol, biodiesel, methanol, and other) used by the Department, and the country source of these fuels; (2) a description of the

procedures in place to procure domestically produced alternative

fuels; (3) a description of the procedures in place to encourage the

procurement of flexible fuel vehicles, such as those equipped with

E–85 (85% ethanol) engines; (4) an explanation of changes to programs, plans, or procedures under consideration by the Department

to maximize the use of biofuels and biobased products in DoD operations; (5) a description of practices and procedures to track the actual DoD usage of biofuels; and (6) a description of possible incentives the DoD could employ to increase the acquisition of alternative or variable fuel vehicles and encourage the use of such fuels

as specified by the National Environmental Policy Act. The conferees also direct the Department to work with the Office of Energy

Policy and New Uses of the U.S. Department of Agriculture to support independent testing of biofuels and biobased products. The Department should also cooperate with industry suppliers to facilitate

inclusion of such biofuels and biobased products on the Defense Logistics Agency list of items approved for DoD purchase.

DEFENSE THREAT REDUCTION AGENCY

Funding for the Operation and Maintenance activities of the

Defense Threat Reduction Agency were provided for in Title IX of

the House bill and report. These funds are provided in Title II of

the Conference Report.

DLAMP

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

NATIONAL FOREIGN LANGUAGE SKILLS REGISTRY

The Conferees direct the Secretary of Defense to establish an

internet-based data registry of United States citizens who state

that they are willing to be recruited in times of national emergency

to assist the Department with translation and interpretation. The

Secretary shall designate the foreign languages and levels of fluency deemed to be critical to the needs of the Department. The Director, Defense Manpower Data Center shall maintain the registry.

In implementing this registry, the Director may collaborate with

the National Foreign Language Center and the Defense Language

Institute.

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STUDY ON INTELLIGENCE CAPABILITIES AND DATA RESOURCES

INTEGRATION

To enhance intelligence gathering capabilities and data resource integration following the events of September 11, 2001, the

conferees recommend an increase of $5,000,000 for preparing a

management action plan to assess how measurement and signature

intelligence can be integrated with other intelligence activities and

data. The goal of this plan should be to improve support for

warfighter operations and policy decision-making. A primary focus

of this study should be to complete the concept development and

associated operations and design requirements for a measurement

and signature intelligence data archive to provide back-up capability and enabling cross-disciplinary integration of distributed

data. The study should consider all shortfalls in MASINT capabilities and their integration. The conferees direct the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence to provide to the congressional defense committees an interim report containing an outline of the content and expected

milestones of this study no later than 45 days after enactment of

this Act and a final report no later than June 1, 2002.

BASE COMMUNICATIONS SUSTAINMENT

The conferees recommend a reduction in base communications

sustainment and reiterate the Senate position that more focus

must be placed on funding deployable and mobile communications

requirements, rather than placing such items on unfunded lists.

The conferees provide an additional $3,000,000 for AN/PRC–148

Multi-band Intra/Inter Team Radios in Procurement, Defense Wide

which is the number one unfunded requirement for Special Operations units in the field.

ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

The conferees direct that of the funds provided in ‘‘Operation

and Maintenance, Defense-Wide’’ for the Impact Aid program,

$1,000,000 be available only for the purpose of making payments

to local educational agencies to assist them in adjusting to reductions in the number of military dependent students as a result of

the closure or realignment of military installations.

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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows:

[In thousands of dollars]

Budget Activity 1: Operating Forces:

24900 Primary Combat Forces/Unjustified Program Growth ............ ¥6,000

Undistributed:

25670 C–17 Reserve Base Planning and Design ................................. 1,000

AIR FORCE RESERVE AIRLIFT PLANNING

The conferees support the creation of an Air Reserve Station

or Stations for C–17’s and provide $1,000,000 for planning and site

assessment.

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CAMP MCCAIN, MISSISSIPPI

The conferees agree to provide $2,200,000 for improvements to

roads at or near the Camp McCain training site. In addition, of the

funds provided to the Army National Guard for operation and

maintenance, $2,200,000, shall be available for minor construction

projects.

CENTER FOR CIVIL-MILITARY RELATIONS

The conferees direct that of the funds provided in Operation and Maintenance, Army National Guard $2,000,000 be used only

for National Guard education programs at the Naval Postgraduate

School’s Center for Civil-Military Relations.

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ADJUSTMENTS TO BUDGET ACTIVITIES

Adjustments to the budget activities are as follows:

[In thousands of dollars]

Budget Activity 1: Operating Forces:

27650 Aircraft Operations/B–1B Operations ....................................... $100,000

27750 Base Support/Eagle Vision ......................................................... 8,500

Undistributed:

28240 National Guard State Partnership Program ............................ 1,000

28250 Project Alert ................................................................................ 2,900

28255 Extended Cold Weather Clothing System ................................ 2,500

28310 Defense System Evaluation ....................................................... 1,700

28315 Bangor International Airport Runway Repairs ........................ 5,000

CONSOLIDATED INTERACTIVE VIRTUAL INFORMATION CENTER

The conferees agree to provide $5,000,000 from within available funds in ‘‘Operation and Maintenance, Air National Guard’’ for

the Consolidated Interactive Virtual Information Center of the National Guard.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

The conferees agree to provide $50,000,000 for the Overseas

Contingency Operations Transfer Fund. This amount provides a

central response fund from which the Secretary of Defense can address unknown and unexpected overseas contingency costs. In the

budget request, the Department allocated the costs for ongoing operations in Southwest Asia to service operation and maintenance

accounts. Consistent with this determination, the conferees are providing $1,679,222,000 for Balkan operations within the operation

and maintenance accounts (Operation and Maintenance, Army

$1,308,500,000; Operation and Maintenance, Navy $27,101,000;

Operation and Maintenance, Marine Corps $2,000,000; Operation

and Maintenance, Air Force $122,721,000; Operation and Maintenance, Defense-Wide $192,900,000 and Defense Health Program

$26,000,000). OCOTF funds for military personnel expenses for

Balkan operations ($464,900,000) have been redistributed within

service accounts of the active components as well (Military Personnel, Army $399,800,000; Military Personnel, Navy $28,500;

Military Personnel, Marine Corps $5,600,000; and Military Personnel, Air Force $31,000,000).

The total amount recommended is a reduction of $650,104,000

below the budget request.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

The conference agreement provides $9,096,000 for the United

States Court of Appeals for the Armed Forces.

ENVIRONMENTAL RESTORATION, ARMY

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

ENVIRONMENTAL RESTORATION, NAVY

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

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ENVIRONMENTAL RESTORATION, AIR FORCE

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

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

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

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

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

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

The conference agreement provides $49,700,000 for Overseas

Humanitarian, Disaster and Civic Aid.

The conferees agree to provide $5,000,000 to be available if

matched by private funds, only for the acquisition, transportation

and distribution of wheelchairs to victims of overseas conflicts,

landmines and other disturbances. The Secretary of Defense should

work with appropriate non-government organizations, such as the

Wheelchair Foundation, to implement this initiative on a matching

basis with private resources. The conferees expect special attention

and emphasis to be made to respond to the needs and circumstances in Afghanistan as rapidly as possible.

SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE

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

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TACTICAL UNMANNED AERIAL VEHICLE

The House recommended $63,000,000 for the TUAV, a reduction of $21,000,000 from the budget request. The House included

language directing that funds provided for the low-rate initial production (LRIP) III of the TUAV may not be obligated or expended

until the TUAV successfully completes the planned AEC assessment the Fall/Winter of 2001 and the Secretary of the Army certifies that the TUAV has been adequately tested and justifies the

initiation of the LRIP III prior to the completion of initial operational test and evaluation. The Senate recommended $48,500,000

for the TUAV, a reduction of $35,800,000 from the budget request.

The Senate included language stating that the system’s viability

should be validated prior to procurement of additional units. The

conferees recommended $57,300,000 for the TUAV, a reduction of

$27,000,000 from the budget request. The conferees agree that the

language contained in both the House and Senate reports conveys

the same concerns and should be implemented by the Army.

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SBIRS HIGH RADIATION HARDENED PARTS

The conferees are very troubled by recent developments in the

SBIRS High program. DoD and Air Force officials have provided

new indications that the previously reported $2,000,000,000 shortfall and 2 year slip may, in fact, understate the severity of the

problems. Not only is DoD considering a variety of major program

restructures, but it is also considering whole new satellite approaches.

The conferees are also aware of the issue of diminished manufacturing sources for selected radiation hardened parts in the current SBIRS High design. The Air Force has requested that funds

be retained in advance procurement for a ‘‘lifetime buy’’ of these

parts. The conferees are sympathetic to the issues involved with

this request but given the unclear status of the program, it is premature to make a definitive judgment with respect to funding

these parts. The conferees encourage DoD, once it has determined

how best to proceed with the program, to submit a reprogramming

request to fund these parts as needed at that time.

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TELEPORTS

The conferees provide $97,351,000 for teleports, however, only

$29,200,000 of the funds provided are available for obligation until

the service chiefs unanimously agree on a procurement plan. DISA

shall not obligate any amount of funds over $29,200,000 until the

agreed upon plan is provided to the Congress.

PATRIOT ADVANCED CAPABILITY—3

The conferees agree to provide $736,574,000 for the PATRIOT

Advanced Capability—3 (PAC–3), an increase of $60,000,000 to the

program. The increase includes $15,000,000 for the efficient purchase of hard to acquire parts, eliminating the need for a near term

redesign of the missile. It also includes $45,000,000 available either

to purchase additional missiles in fiscal year 2002 or for additional

equipment for the production facility. The conferees encourage the

Department to increase production of this missile in an efficient

but prudent manner and direct the Department to ensure that

enough funds are in the Future Years Defense Plan to begin purchasing at least 20 missiles a month as soon as possible.

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MISCELLANEOUS EQUIPMENT

The conferees agree that each of the Chiefs of the Reserve and

National Guard components should exercise control of modernization funds provided in this account including aircraft and aircraft

modernization. The conferees further agree that separate submissions of a detailed assessment of its modernization priorities by the

component commanders is required to be submitted to the defense

committees. The conferees expect the component commanders to

give priority consideration to the following items: AN/AAQ–24 directional Infrared Countermeasure (DIRCM), C–130 Radar Modernization, Guard Net XXI, Integrated Training Management Program, Family of Medium Tactical Vehicles, Commercial Construction Equipment, Project ALERT, the Striker Advanced Grenade

Launcher, advanced display processor, and F–15 IFF for ANG

NORAD alert mission aircraft.

NATIONAL GUARD AND RESERVE AIRCRAFT

The conferees agree to provide $436,030,000 specifically for the

acquisition and modernization of the following aircraft to support

Reserve and National Guard missions:

UH–60 Blackhawk for the Army Reserve (6) ...................................... $87,000,000

UH–60 Blackhawk for the Army Guard (4) ........................................ 58,000,000

C–130J for the Air Force Reserve (1) ................................................... 71,300,000

C–130J for the Air Force National Guard, western states firefighting (2) .......................................................................................... 148,430,000

C–130J for the Air Force National Guard (1) ..................................... 71,300,000

DEFENSE PRODUCTION ACT

The conferees agree to provide a total of $40,000,000 for the

Defense Production Act, a decrease of $10,000,000 from the budget

request amount. Of this amount $2,000,000 is only for a Processible

Rigid-Rod Polymeric Material Supplier Initiative.

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ARMY VENTURE CAPITAL SCIENCE AND TECHNOLOGY

DEMONSTRATION

The conferees agree with the concept, as proposed in the House

passed Department of Defense Appropriations bill for fiscal year

2002, of establishing a Venture Capital fund demonstration to enhance Army access to advances in science and technology. Accordingly, the conferees have included a general provision, Sec. 8150

that provides $25,000,000 for the formation of such a corporation

pursuant to authority of 10 U.S.C. 2371.

HYBRID ELECTRIC DRIVE RESEARCH

The conferees agree to fully fund the Army’s request for Combat Hybrid Power Systems (PE 603005/441), an amount of

$18,000,000. These funds should be used to accelerate the development of critical hybrid electric technology components and integration into FCS ground vehicles. These funds also should be applied

to development of hybrid electric architectures for combat vehicles.

The conferees direct the Secretary of the Army to provide to the

congressional defense committees a report detailing the Army’s

plan for implementing this direction with the submission of the fiscal year 2003 Department of Defense budget request.

Though the conferees are encouraged by recent developments

in the area of hybrid electric drive, there is concern that the Army

has not performed adequate testing and evaluation of hybrid electric technology in extreme temperature environments. In particular, the conferees are concerned that the sources necessary to

ensure stable, consistent and adequate power to the overall system

have not been developed and tested in extreme cold-weather environments. Therefore, the conferees recommend that the Army conduct testing of hybrid electric technology, including the power

sources associated with the technology, in extreme cold weather environments to ensure adequate power and performance to this critical technology.

STARSTREAK-STINGER OPERATIONAL TEST

The conferees agree to provide an additional $13,600,000 for

the Starstreak-Stinger operational test program. Of this amount,

$12,000,000 should be used to conduct the live-fire, side-by-side

operational test of the Starstreak and Stinger missile for the

Apache helicopter. The remainder should be made available to conduct test firing from the Apache against ground targets.

ARMY HIGH PERFORMANCE COMPUTING RESEARCH CENTER

(AHPCRC)

The conferees have added $10,500,000 for the activities of the

Army High Performance Computing Research Center. Of these

funds, $2,000,000 is only for basic research at the Center’s academic partner institutions; and $8,500,000 is only for (1) the use,

operation and maintenance of the Center’s high performance computing systems and networks; (2) staff scientist services to support

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agement activities of the research program and center, including

publications, seminars and workshops.

DOMED HOUSING UNITS

From within funds made available in Research, Development,

Test and Evaluation, Army, the conferees direct that the Commanding General of the Army Space and Missile Defense Command acquire and maintain domed housing units for military personnel on Kwajalein Atoll and other island locations in support of

the mission of the command.

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CCS–MK2

The conferees agree that it is vital that the future development

and evolution of combat control capabilities for the nation’s submarine force takes place in a fully competitive acquisition environment and that the technical architecture of submarine combat control systems utilizes open systems compute processing standards.

The conferees therefore, direct the Department of the Navy to submit an acquisition plan for the CCS–MK2 program to Congress no

later than April 15th, 2002 which addresses these concerns to include potential options to compete the role of prime system integrator. The conferees do not agree to House language restricting

the use of funds for the CCS–MK2 program.

JOINT EXPERIMENTATION

The conferees agree to provide $103,802,000 for Joint Experi- mentation, a decrease of $15,000,000 to the budget request. The

conferees also direct the Secretary of Defense to provide a report

to the Appropriations Committees no later than May 15, 2002

which examines whether the Office of the Director, Force Transformation should assume responsibility for the oversight and funding of the direction, preparation, execution and assessment of the

U.S. Joint Forces Command Joint Experimentation program.

TACTICAL INPUT SEGMENT (TIS) AND NAVY INPUT STATION (NAVIS)

In an effort to assist the Navy in ensuring an on-time delivery

of a next generation real-time reconnaissance imagery receiving

and display system, the conferees recommend that within amounts

appropriated to the Office of Naval Research, up to $2,000,000 may

be made available to build additional Navy Input Stations (NAVIS)

ground stations that meet emergent operational requirements and

provide risk mitigation for the Tactical Input Segment (TIS).

In addition, the conferees direct the Navy to continue to integrate the technologies developed in NAVIS into the TIS architecture to ensure the best capabilities of both systems are delivered

to the Fleet in time for the first F/A–18 SHARP deployment. The

conferees believe that combining such technologies will best serve

the tactical precision strike requirements for the Navy now and in

the future.

SPRAY COOLING TECHNOLOGY

The Conferees are concerned to learn that despite appropriations in two prior years, arrangements for the manufacture of

spray cooling technology have yet to be finalized. The conferees direct the Marine Corps to act in an expedited manner to resolve this

issue.

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BALLISTIC MISSILE DEFENSE

The conferees agree to provide a total of $7,766,999,000 for ballistic missile defense research and development and related procurement activities. Coupled with increases for new and expanded

counter-terrorism programs, the conference agreement provides a

combined total of $8,244,999,000 for ballistic missile defense and

increased counter-terrorism activities.

The Department of Defense is about to initiate a radical restructuring of the ballistic missile defense program management

organization. The conferees support the efforts of the Department

to devise a management structure that facilitates integration of the

various ballistic missile defense research and development efforts.

The Department, however, is cautioned against implementing a

management structure and related decision-making process that

limit adequate oversight of the program by the Pentagon’s operational testing, financial, and programmatic review groups. Also,

the conferees will continue to monitor this program’s management

activities to ensure Congressional oversight.

Within each program element, the conferees have identified

several special interest projects for purposes of reprogramming and

budget justification material. (The conferees agree with the House

language regarding reprogramming rules and budget justification

material for ballistic missile defense programs.) The special interest projects are as follows:

Terminal Phase Systems: MEADS and ARROW;

Midcourse Phase Systems: Ground-based Midcourse, Pacific Test Bed, and Sea-based Midcourse (Navy Theater Wide);

Boost Phase Systems: Sea-based Boost, Air-base Boost

(Airborne Laser) and Space-based Boost (Space based Laser);

Sensors: Satellite Sensor Technology and RAMOS.

THEATER HIGH ALTITUDE AREA DEFENSE

The conferees agree to provide $872,481,000 for the Theater

High Altitude Area Defense (THAAD) program, a reduction of

$50,000,000 to the request. This amount includes $160,000,000 for

the Block 2004 THAAD research and development program. The

Block 2004 funds should be used to reduce risk in the THAAD research and development program and acquire a sufficient number

of test assets to ensure a robust testing profile. Further, the conferees direct that none of the funds provided be used to accelerate

THAAD pre-production or deployment unless the Secretary of Defense certifies to the Congressional defense committees that threats

to our national security or military forces warrant otherwise.

SATELLITE SENSOR TECHNOLOGY

The conferees agree with House funding recommendations regarding SBIRS Low and the Satellite Sensor Technology program.

This agreement is based, in part, on discussions with the Undersecretary of Defense (AT&L) who indicated that the problems in the

precursor SBIRS High program are so significant as to make the

current schedule for SBIRS Low unexecutable. The conference

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nologies. These efforts, to be performed within the Satellite Sensor

Technology program, should proceed at a measured pace. The conferees note that this agreement in no way precludes continued

technology efforts on the current SBIRS Low program. The conferees agree that the Secretary may obligate the funding provided

for the Satellite Sensor Technology program as he determines necessary for the SBIRS Low program. The conferees direct DoD to develop specific plans for the Satellite Sensor Technology program for

fiscal year 2002 and out and provide this plan to the congressional

defense committees no later than May 15, 2002. The conferees further direct that the congressional defense committees be notified of

any funding realignments regarding this program.

RADIATION HARDENED ELECTRONICS

The conferees support the House language regarding radiation

hardened electronics, except that they direct that not less than

$14,500,000 in program element 602715BR and $38,000,000 provided in ‘‘Domestic Radiation Hardened Electronics’’ in the Defense

Production Act be used for the purpose described in the House report.

MINIATURIZED WIRELESS SYSTEM

The conferees agree to provide $5,000,000 for miniaturized

wireless systems and agree that these funds be used only to initiate a university-industry program to utilize advances in three-dimensional chip scale packaging and high temperature superconducting transceiver performance, to reduce the size, weight,

power consumption and cost of advanced wireless communication

systems for covert military and intelligence operations.

CHALLENGE PROGRAM FOR INNOVATIVE TECHNOLOGY IN DEFENSE

ACQUISITION

The conferees support the actions taken by the Department in

response to section 818 of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261) and

the initial improvements made in facilitating the rapid transition

into Defense acquisition programs of technologies developed in successful Small Business Innovative Research (SBIR) phase two

projects. The conferees provide $12,500,000 only for the further development and rapid insertion of innovative SBIR technologies as

competitive alternatives to Defense acquisition program technologies. The Secretary of Defense shall select from third phase

SBIR proposals, which will result in improvements in performance,

affordability, manufacturability, or operational capability at the

component, subsystem, or system level. The Secretary shall report

to the Defense Committees the technologies selected and the improvements expected by June 1, 2001. In addition, the conferees direct the Office of the Secretary of Defense to work with the congressional defense committees to establish a more rigorous management and oversight structure of the burgeoning number of rapid

acquisition programs within the Department. The conferees expect

this management and oversight structure to be reflected in the fiscal year 2003 Defense budget request.

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IMPLEMENTING DSB RECOMMENDATIONS

The President’s budget requests $1,000,000 to implement Defense Science Board recommendations. While the Congress does not

oppose such an effort, resources should be found from within existing funds.

TITLE V—REVOLVING AND MANAGEMENT FUNDS

The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Conference

Defense Working Capital Funds ............................ $1,951,986 $1,524,986 $1,826,986 $1,312,986

National Defense Sealift Fund ............................... 506,408 412,708 407,408 432,408

Total, Related Agencies ............................ 2,458,394 1,937,694 2,234,394 1,745,394

DEFENSE WORKING CAPITAL FUNDS

The conferees agree to provide $1,312,986,000 for the Defense

Working Capital Fund.

NATIONAL DEFENSE SEALIFT FUND

The Conferees agree to provide to $432,408,000 for the National Defense Sealift Fund, a decrease of $74,000,000 from the

budget request amount. This includes a reduction of $99,000,000

originally requested for MARAD and an increase of $25,000,000 to

finance the cost of constructing additional sealift capacity.

STRATEGIC SEALIFT CAPACITY

The conference agreement reserves $25,000,000 of amounts appropriated to the National Defense Sealift Fund to accelerate the

introduction of next-generation high-speed sealift ships to support

the Navy’s global military sealift requirements. The conferees expect the Navy to work with other federal agencies using interagency agreements, economy act procedures, or other mechanisms

to provide loan guarantees to shipbuilders to meet this objective.

These funds may not be used for research and development, or for

defense-features on commercial sealift ships.

MOBILE DEPLOYABLE ASSETS

In the wake of the tragic events of September 11, 2001, the

conferees are concerned that future deployments of United States

forces may expose personnel to the risk of terrorist attack similar

to the bombing of Khobar Towers in Saudi Arabia and the Marine

barracks in Beirut. Instead of building vulnerable fixed barracks

for United States forces deployed in highly dangerous locations, the

conferees believe the Navy should give the highest consideration to

acquiring mobile, deployable assets, which could provide additional

‘‘in situ’’ hospital, housing, MWR, or command and control capability. The conferees recommend that the Navy expeditiously pursue the possibility of capitalizing MARAD loan guarantees for up

to two multipurpose passenger ships presently under construction

in a United States shipyard.

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T1TLE VI—OTHER DEPARTMENT OF DEFENSE PROGRAMS

The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Conference

Defense Health Program ........................................ $17,898,969 $18,277,403 $18,376,404 $18,391,194

Chemical Agents and Munitions Destruction,

Army ................................................................... 1,153,557 1,093,057 1,104,557 1,105,557

Drug Interdiction and Counter Drug Activities,

Defense .............................................................. 820,381 827,381 865,981 842,581

Office of the Inspector General ............................. 152,021 152,021 152,021 152,021

Total, Other Department of Defense Programs ................................................... 20,024,928 20,349,862 20,498,963 20,491,353

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REPROGRAMMING

The conferees share the concerns expressed in the report accompanying the House version of the Department of Defense Appropriations bill for fiscal year 2002 regarding the diversion of

funds from the DoD military medical facilities (MTFs) to pay for

contractor-provided medical care. To limit such transfers within the

Defense Health Program operation and maintenance account, the

conferees agree that the Department of Defense shall follow prior

approval reprogramming procedures for transfers with a cumulative value in excess of $25,000,000, into the Private Sector Care

activity group.

In addition, the conferees agree that the Department of Defense shall provide budget execution data for all of the operation

and maintenance budget activities as well as the procurement and

research, development, test and evaluation accounts of the Defense

Health Program. Such budget execution data shall be provided

quarterly to the congressional defense committees through the DD– COMP(M) 1002.

PEER REVIEWED MEDICAL RESEARCH PROGRAM

The Senate recommended $50,000,000 for a Peer Reviewed

Medical Research program. The conferees agree to provide

$50,000,000 for this program, and recommend that the Department

of Defense consider the following projects as candidates for study:

Complex rAD-Vector vaccine for MGBV; chemo-preventative approaches to smoking related illness; childhood asthma; chiropractic

care; closed loop frozen blood processing systems; Counter Narcotics Tactical Operations Medical Support Program (CONTOMS);

Dengue Fever vaccine; high risk infectious disease; medications for

fungal and bacterial infections such as Fungi Free; metabolically

engineered tissue for trauma care; military nutrition research;

Padget’s disease; pre-clinical & clinical activities of the Novonex/

Ex-Rad drugs; radiation protection; real-time heart rate variability;

self test methods of screening for cervical cancer; smoking cessation; social work research; Traumatic Brain injury; Volume Angio

Cat (VAC) research, and VRE research.

TRICARE: NEXT GENERATION CONTRACTS

The conferees are aware that the Department of Defense is

presently considering the issuance of new requirements for future

TRICARE managed care contracts. A major revision under consideration is the prospect of ‘‘unbundling’’ healthcare and administrative services and using different contractors with different geographic coverage responsibilities. While the conferees support DoD

efforts to improve and streamline the provision of healthcare services, the conferees note that the Department’s deliberations have

caused great concern among health care providers and, if not managed carefully and thoughtfully, could reignite the instability and

confusion that has existed in the past years as this program was

being implemented. Accordingly, the conferees direct that before

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sional defense committees. The conferees also direct the Department to allow sufficient time for full congressional review before

any final decisions are made in this respect.

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

The conference agreement on items addressed by either the

House or the Senate is as follows:

CHEM AGENTS & MUNITIONS DESTRUCTION, ARMY:

CHEM DEMILITARIZATION—O&M .......................................... $789,020 $728,520 $739,020 $739,020

CHEM DEMILITARIZATION—PROC ......................................... 164,158 164,158 164,158 164,158

CHEM DEMILITARIZATION—RDTE ......................................... 200,379 200,379 201,379 202,379

TOTAL, CHEM AGENTS & MUNITIONS DESTRUCTION,

ARMY ............................................................................ 1,153,557 1,093,057 1,104,557 1,105,557

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PROGRAM MANAGER FOR CHEMICAL DEMILITARIZATION

The conferees support the guidance provided in the Senate report under this heading with two changes. The conferees agree that

for the quarterly report the Department may use an existing report

provided it includes the data requested and is available within 14

days of the end of each quarter. In addition, there is no requirement for a restructuring report. All other direction, including the

January 15th report and the language regarding incentive programs remains as written.

ANNISTON CHEMICAL DESTRUCTION FACILITY

The conferees share the Senate’s concern regarding emergency

preparedness measures at the Anniston Chemical Destruction Facility. In lieu of the language in the Senate report, the conferees

support the current agreement established by the Department,

FEMA, and state and local officials, concerning the commencement

of destruction operations and critical safety matters, as stated in

the letter from the Under Secretary of Defense (AT&L) dated November 1, 2001.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,

DEFENSE

The conference agreement on items addressed by either the

House or the Senate is as follows:

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NATIONAL GUARD ACTIVITIES

The conferees agree that adequate funding has not been provided to meet National Guard counter-drug requirements and have

recommended an increase of $33,000,000 in this account for a number of specific National Guard activities. In view of this increase

the conferees do not agree with the Senate proposed direction for

a general earmark of funds for the National Guard.

OFFICE OF THE INSPECTOR GENERAL

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

TITLE VII—RELATED AGENCIES

The conference agreement is as follows:

[In thousands of dollars]

Budget House Senate Conference

Central Intelligence Agency Retirement & Disability System .................................................... $212,000 $212,000 $212,000 $212,000

Intelligence Community Management Account ..... 152,776 144,929 144,776 160,429

Payment to Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration

Fund ................................................................... 25,000 25,000 75,000 67,500

National Security Education Trust Fund ................ 8,000 8,000 8,000 8,000

Total, Related Agencies ............................ 397,776 389,929 439,776 447,929

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

Details of the adjustments to this account are addressed in the

classified annex accompanying this report.

PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

ENVIRONMENTAL RESTORATION FUND

The conference agreement provides $67,500,000 for payment to

the Kaho’olawe Island Conveyance, Remediation, and Environmental Restoration Fund.

TITLE VIII—GENERAL PROVISIONS

The conference agreement incorporated general provisions of

the House and Senate versions of the bill which were not amended.

Those general provisions that were amended in conference follow:

The conferees included a general provision (Section 8005)

which amends language which provides the Department of Defense

with transfer authority.

The conferees included a general provision (Section 8008)

which amends language providing multiyear procurement authority.

The conferees included a general provision (Section 8027)

which amends Senate language earmarking funds in ‘‘Aircraft Procurement, Air Force’’ for maintaining 18 B–52 attrition reserve aircraft.

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The conferees included a general provision (Section 8031)

which amends language which earmarks funds for Civil Air Patrol

operation and maintenance, and counterdrug programs.

The conferees included a general provision (Section 8032)

which amends language limiting the number of staff years that

may be funded for Federally Funded Research and Development

Centers and reduces funding for that purpose.

The conferees included a general provision (Section 8045)

which amends language which extends the availability of funds for

convert actions and agent operations.

The conferees included a general provision (Section 8054)

which amends language recommending rescissions. The rescissions

agreed to are:

[Rescissions]

Fiscal Year 2000:

Former Soviet Union Threat Reduction: Fossil Fuel Energy

Plants ........................................................................................... $32,000,000

Other Procurement, Navy:

Joint Tactical Terminals ......................................................... 14,300,000

Submarine Support Equipment ............................................. 1,000,000

Aircraft Procurement, Air Force: JTCTS ...................................... 8,500,000

Other Procurement, Air Force: Joint Tactical Terminals ........... 20,000,000

Fiscal Year 2001:

Aircraft Procurement, Army: CH–47 Mods .................................. 16,000,000

Procurement of Ammunition, Army: RADAM .............................. 27,400,000

Other Procurement, Army:

STAR–T Termination .............................................................. 9,900,000

Teleoperating Kits ................................................................... 5,945,000

Joint Tactical Terminals ......................................................... 10,000,000

PEPS ........................................................................................ 2,900,000

Aircraft Procurement, Navy: JTCTS ............................................. 8,600,000

Weapons Procurement, Navy: JSOW ............................................ 20,000,000

Other Procurement, Navy:

Joint Tactical Terminals ......................................................... 6,000,000

JTCTS ...................................................................................... 1,600,000

Procurement, Marine Corps: STAR–T Termination .................... 1,000,000

Aircraft Procurement, Air Force:

JTCTS ...................................................................................... 1,300,000

F–15 .......................................................................................... 18,000,000

C–135 ........................................................................................ 36,000,000

RECON/DARP Support Equip.; JSAF Sensors ..................... 7,983,000

Missile Procurement, Air Force:

JSOW ........................................................................................ 25,200,000

MM II MODS ........................................................................... 33,250,000

Procurement of Ammunition, Air Force: JDAM .......................... 5,800,000

Other Procurement, Air Force:

MILSATCOM (GBS TIP) ........................................................ 6,500,000

JTCTS ...................................................................................... 3,700,000

Procurement, Defense-Wide:

DIRCM ..................................................................................... 485,000

MH–53 SIM MATT Upgrade .................................................. 3,982,000

Active RW Survivability ......................................................... 3,000,000

Passive RW Survivability ....................................................... 5,404,000

Riverine Craft .......................................................................... 5,800,000

INOD ........................................................................................ 591,000

SOF Maritime Equipment ...................................................... 1,400,000

ASDS Advanced Procurement ................................................ 18,972,000

Shemya Radar (Long lead items) ........................................... 73,800,000

Research, Development, Test and Evaluation, Army:

STAR–T Termination .............................................................. 3,300,000

MPIM ....................................................................................... 3,000,000

Research, Development, Test and Evaluation, Navy:

JTCTS ...................................................................................... 8,800,000

Joint Ejection Seat .................................................................. 10,000,000

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Research, Development, Test and Evaluation, Air Force:

JSAF Termination ................................................................... 13,450,000

ERCM ....................................................................................... 39,633,000

Joint Ejection Seat .................................................................. 10,000,000

JTCTS ...................................................................................... 6,200,000

Research, Development, Test and Evaluation, Defense-Wide:

Passive RW Survivability ....................................................... 280,000

NSW RIB .................................................................................. 500,000

The conferees included a general provision (Section 8062)

which amends Senate language earmaking $10,200,000 in ‘‘Operation and Maintenance, Air Force’’ to realign railroad track on Elmendorf Air Force Base and Fort Richardson.

The conferees included a general provision (Section 8087)

which amends Senate language appropriating $3,500,000 for the

American Red Cross.

The conferees included a general provision (Section 8092)

which amends Senate language which makes available funds in

‘‘Research, Development, Test and Evaluation, Navy’’ for a Maritime Fire Training Center at Barbers Point.

The conferees included a general provision (Section 8095)

which amends language reducing military personnel and operation

and maintenance accounts by $240,000,000 to reflect savings from

favorable foreign currency fluctuations.

The conferees included a general provision (Section 8102)

which amends Senate language reducing by $262,000,000 the total

amount appropriated in title II of this Act to reduce cost growth

in travel.

The conferees included a general provision (Section 8111)

which amends language appropriating $8,500,000 for the United

Service Organizations.

The conferees included a general provision (Section 8112)

which amends language making funds available for establishing an

ARROW production capability in the United States and for adjusting the cost-sharing agreement with the Israeli government.

The conferees included a general provision (Section 8116)

which amends Senate language appropriating $4,500,000 for the

Fort Des Moines Memorial Park and Education Center.

The conferees included a general provision (Section 8117)

which amends language appropriating $4,250,000 for the National

D-Day Museum.

The conferees included a general provision (Section 8119)

which amends House language appropriating $1,700,000 for Fisher

Houses.

The conferees included a general provision (Section 8120)

which amends Senate language which provides authority for the

establishment of a memorial to Dwight D. Eisenhower and appropriates $2,600,000 for the Dwight D. Eisenhower Memorial Commission.

The conferees included a general provision (Section 8121)

which amends House language which provides $1,700,000 for

transfer to the Department of Energy for a proposed study to examine the feasibility of a zero emissions, steam injection process.

The conferees included a general provision (Section 8122)

which amends Senate language appropriating $8,000,000 for the

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settlement of claims associated with the Air Force contract, Clear

Radar Upgrade, at Clear Air Force Station, Alaska.

The conferees included a general provision (Section 8125)

which amends Senate language establishing a new Regional

Counter terrorism Fellowship program to be administered by the

Secretary of Defense. The conferees expect the Department of Defense to coordinate this program with the State Department and

specifically recommend that it keep the relevant United States Ambassadors informed.

The conferees included a general provision (Section 8126)

which amends language to adjust applicable years for negotiated

settlement for a request for equitable adjustment for the C–17 program.

The conferees included a general provision (Section 8129)

which amends language to fund prior year shipbuilding cost increases.

The conferees included a general provision (Section 8130)

which amends language which provides for the transfer of funds

from shipbuilding and conversion programs.

The conferees included a new general provision (Section 8135)

which amends House language reducing funds available in operation and maintenance accounts by $105,000,000 to reflect fact of

life changes in utilities costs.

The conferees included a new general provision (Section 8136) which amends House language earmarking $2,100,000 from ‘‘Operation and Maintenance, Air Force’’ for repair, restoration, and preservation of the Lafayette Escadrille Memorial.

The conferees included a new general provision (Section 8137)

which amends House language designating the World War I Memorial in the Mojave National Preserve as a national memorial.

The conferees included a new general provision (Section 8138) which amends House language which appropriates $4,200,000 for

‘‘Operation and Maintenance, Navy’’ for the preservation of the

U.S.S. Alabama as a museum and memorial.

The conferees included a new general provision (Section 8139)

which amends House language which appropriates $4,250,000 for

‘‘Operation and Maintenance, Navy’’ for the preservation of the

U.S.S. Intrepid as a museum and memorial.

The conferees included a new general provision (Section 8140)

which amends House language appropriating $4,200,000 for ‘‘Operation and Maintenance, Air Force’’ for the relocation of the Fairchild Air Force Base school within the boundary of Fairchild Air

Force Base.

The conferees included a new general provision (Section 8141)

which amends House language appropriating $3,500,000 for ‘‘Operation and Maintenance, Navy’’ for the Central Kitsap School district in Washington State for a special needs learning center.

The conferees included a new general provision (Section 8142)

which amends House language appropriating $8,500,000 for the

City of San Bernardino, California.

The conferees do not include a new House general provision

(Section 8137) which prohibits the establishment of an independent

operational test bed system and/or the transfer or certain UAVs

from the Navy to the Joint Forces Command. The House agrees to

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recede from this recommendation with the understanding that the

Navy will not transfer the Predator UAV assets. Instead, the Secretary of the Navy shall ensure that the Commander of Joint

Forces Command receives priority in use of the Predator UAV assets and associated equipment when needed to support the joint

operational test bed development and testing.

The conferees included a new general provision (Section 8145)

which amends House language which extends the waiver of Operation and Maintenance investment limitations to activities funded

in fiscal year 2000.

The conferees included a new general provision (Section 8146)

which amends House language reducing funds available in operation and maintenance accounts by $100,000,000 to reflect savings

attributed to improved scrutiny and supervision in using government purchase cards.

The conferees included a new general provision (Section 8147)

which amends House language appropriating $2,500,000 for a DoD/

VA Consolidation Study.

The conferees included a new general provision (Section 8149)

which amends House language reducing funds available in ‘‘Operation and Maintenance, Army’’ by $5,000,000 to reflect efficiencies

in Army acquisition management.

The conferees included a new general provision (Section 8150)

which amends House language which earmarks $25,000,000 to establish an Army Venture Capital Investment Corporation.

The conferees included a new general provision (Section 8154)

which amends House language earmarking funds for payments of

expenses incurred by the Commission on the Future of the United

States Aerospace Industry.

The conferees included a general provision (Section 8158)

which amends Senate language appropriating $15,000,000 for the

Citadel, Charleston, South Carolina.

The conferees included a new general provision (Section 8159)

which amends Senate language to expand the Multiyear Aircraft

Lease Pilot Program.

The conferees included a new general provision (Section 8160)

which amends Senate language which earmarks funds for road repairs and safety improvements at Camp McCain, Mississippi.

The conferees included a new general provision (Section 8161)

which amends Senate language which earmarks funds for the renovation of the Broadway Armory.

The conferees included a new general provision (Section 8163)

which amends Senate language which provides funds for the

Armed Forces Retirement Home.

The conferees included a general provision (Section 8165)

which amends Senate language directing that sufficient funds may

remain available to sustain the Defense Leadership and Management Program through fiscal year 2002 and pay the fixed costs for

the facility in Southbridge, Massachusetts.

The conferees included a new general provision (Section 8169)

which amends Senate language which provides $3,500,000 for ‘‘Operation and Maintenance, Defense-Wide’’ for impact aid for children

with severe disabilities.

404

The conferees included a new general provision (Section 8171)

which amends Senate language requiring a report on the progress

toward implementation of comprehensive nuclear threat reduction

programs to safeguard Pakistani and Indian nuclear stockpiles and

technology.

405

406

407

408

409

410

411

UNCONVENTIONAL NUCLEAR THREAT

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

ARMED FORCES INSTITUTE OF PATHOLOGY (AFIP)

These funds are for maintenance and repairs of buildings, including building mechanical systems, and repairs and upgrades to

laboratories and associated equipment at AFIP. The lab upgrades

are to include installation of Biolevel 3 labs to increase the institute’s ability to test biological agents such as anthrax and botulism.

WEAPONS OF MASS DESTRUCTION CIVIL SUPPORT TEAMS

The conference agreement provides $35,000,000 to fully equip

and train 22 additional highly specialized Army National Guard

WMD–CST Teams. To date, a total of 32 teams have been authorized by the Department of Defense, although 22 of those teams

have unfunded equipment and training requirements necessary to

bring them up to fully certified status. These funds are provided to

fill those critical equipment and training gaps as follows:

22 Mobile Analytical Laboratory Systems (special purpose vehicles) $18,500,000

Dismounted analytical suites ............................................................... 6,500,000

Training and evaluation ........................................................................ 10,000,000

LOCAL EMERGENCY COMMUNICATIONS GEAR

The conferees agree to provide these funds to ensure reliable

and interoperable communications between elements of the Army

and local emergency responders.

CHEMICAL-BIOLOGICAL MEDICAL TRAINING

The conferees agree to provide this funding to train Department of Defense personnel in the recognition and treatment of the

health effects caused by exposure to chemical or biological agents.

FORMER SOVIET UNION THREAT REDUCTION

The conference agreement provides $403,000,000 for the

Former Soviet Union Threat Reduction program.

DIVISION B—TRANSFERS FROM EMERGENCY RESPONSE

FUND PURSUANT TO PUBLIC LAW 107–38

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

The conference agreement includes $80,919,000 for the Office of the Secretary as proposed by the Senate instead of $4,582,000

as proposed by the House. The conferees direct that these funds be

used for upgrading USDA facility and operational security and for

other unforeseen needs of the Department related to

counterterrorism and homeland security.

412

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

The conference agreement does not include $2,875,000 for Agriculture Buildings and Facilities and Rental Payments as proposed

by the House. The Senate had no similar provision. Activities funded under this account by the House are included in the amount

available for the Office of the Secretary.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

The conference agreement includes $40,000,000 for salaries

and expenses of the Agricultural Research Service instead of

$5,635,000 as proposed by the House and $70,000,000 as proposed

by the Senate. The conferees direct that of this amount, no less

than $21,700,000 shall be made available for facility and operational security needs.

BUILDINGS AND FACILITIES

The conference agreement includes $73,000,000 for Agricultural Research Service Buildings and Facilities as proposed by the

Senate. The House had no similar provision. Of the total amount

provided, $50,000,000 is for construction of an animal bio-containment facility at the National Animal Disease Laboratory at Ames,

Iowa, and $23,000,000 is for planning and design at the Plum Island Animal Disease Center for Plum Island, New York. The conferees are aware of an ongoing review of security issues at Plum

Island and other locations and direct that funds provided for planning and design at Plum Island not be obligated until the Secretary

reports to the Appropriations Committees of the House and the

Senate on the conclusions of that review.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

The conference agreement does not provide $50,000,000 for Research and Education activities of the Cooperation State Research,

Education, and Extension Service as proposed by the Senate. The

House had no similar provision.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

The conference agreement includes $105,000,000 for the Animal and Plant Health Inspection Service instead of $8,175,000 as

proposed by the House and $95,000,000 as proposed by the Senate.

This amount includes up to $50,000,000 for the Agricultural Quarantine Inspection user fee program, $20,000,000 for pest detection

activities, and $10,000,000 for animal health monitoring and surveillance. The balance of these funds is to be directed toward agency security needs, of which no less than $21,800,000 shall be made

available for facility and operational security needs, implementaVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00416 Fmt 6601 Sfmt 6601 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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tion of the agency’s biosecurity program, and other operational

needs of the agency.

BUILDINGS AND FACILITIES

The conference agreement includes $14,081,000 for APHIS

buildings and facilities as proposed by the House and the Senate.

This amount includes funding for the relocation of laboratories to

the main National Veterinary Services Laboratories campus where

a higher level of safety and security can be provided. In addition,

the funding will complete the physical security countermeasure installation, and will enhance security guard service.

FOOD SAFETY AND INSPECTION SERVICE

The conference agreement includes $15,000,000 for the Food

Safety and Inspection Service as proposed by the Senate instead of

$9,800,000 as proposed by the House. This amount includes no less

than $3,400,000 for facility and operational security needs.

FOOD AND NUTRITION SERVICE

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

The conference agreement includes $39,000,000 for the Special

Supplemental Nutrition Program for Women, Infants, and Children

program as proposed by the Senate. The House had no similar provision. The conference agreement also includes language, as proposed by the Senate, to modify the method of reallocating WIC

funds during fiscal year 2002.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement includes $151,100,000 for the Food and Drug Administration instead of $104,350,000 as proposed by

the House and $127,000,000 as proposed by the Senate. Of this

amount, $13,250,000 is for facility security, $40,750,000 is for enhanced availability of drugs and vaccines and the balance is for increased food safety activities. The total $40,750,000 provided for non-food activities, including vaccines, human drugs and devices, shall be allocated as follows: (1) $14,250,000 and 32 FTE for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (2) $19,800,000 and 107 FTE for the Center for Biologics Evaluation and Research and related field activities in the

Office of Regulatory Affairs; (3) $1,500,000 and 13 FTE for the Center for Devices and Radiological Health and related field activities

in the Office of Regulatory Affairs; (4) $4,800,000 and 8 FTE for

the National Center for Toxicological Research; and (5) $400,000

and 4 FTE for the Office of Chief Counsel within Other Activities.

The total $97,100,000 provided for food safety activities shall be allocated as follows: (1) $92,550,000 and 630 FTE for the Center for

Food Safety and Applied Nutrition and related field activities in

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the Office of Regulatory Affairs; (2) $3,500,000 and 35 FTE for the

Center for Veterinary Medicine and related field activities in the

Office of Regulatory Affairs; (3) $1,000,000 for the National Center

for Toxicological Research; and (4) $50,000 within Other Activities.

The total $13,250,000 for physical security shall be allocated as follows: (1) $300,000 and 3 FTE shall be for the Office of Facilities

within Other Activities; and (2) $12,950,000 for Rent and Rent-Related Activities.

INDEPENDENT AGENCY

COMMODITY FUTURES TRADING COMMISSION

The conference agreement includes $16,900,000 for the Commodity Futures Trading Commission instead of $6,495,000 as proposed by the House and $10,000,000 as proposed by the Senate.

These funds are to be used toward agency recovery from the events

of September 11, 2001, and for other mitigation and preparedness

needs for the agency.

GENERAL PROVISIONS, THIS CHAPTER

The conference agreement includes language (Sec. 101) as proposed by the Senate that amends a number under the Food and

Drug Administration account in P.L. 107–76.

The conference agreement includes language (Sec. 102) as proposed by the Senate that amends a provision in P.L. 107–76 related

to payments to apple producers.

CHAPTER 2

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

USA PATRIOT ACT ACTIVITIES

The conference agreement includes a total of $5,000,000, instead of $25,000,000 as proposed in the Senate bill. Of this amount,

up to $2,000,000 is available to conduct a feasibility study as proposed by the Senate. The House did not address this matter.

ADMINISTRATIVE REVIEW AND APPEALS

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

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

The conference agreement includes $12,500,000 for General

Legal Activities, as proposed in the House bill, and instead of

$21,250,000 as proposed in the Senate bill. Of the amount provided, $4,800,000 is for the Criminal Division and $7,700,000 is for

administrative expenses associated with the Office of the Special

Master. The conferees note that $7,090,000 was provided in P.L.

415

107–77 for the Computer Crime and Intellectual Property Section

under General Legal Activities for cyber security activities.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

The conference agreement includes $56,370,000 for the United

States Attorneys, instead of $68,450,000 as proposed in the House

bill and $74,600,000 as proposed in the Senate bill. The recommendation includes $45,000,000 to establish joint terrorism task

forces; $2,000,000 for victims’ assistance; and for New York City,

$1,850,000 for crisis response equipment, $5,042,000 for immediate

prosecutorial needs, and $2,478,000 for renovations to the Church

Street office.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

The conference agreement includes $10,200,000 for the United

States Marshals Service, instead of $11,100,000 as proposed in the

House bill and $26,100,000 as proposed in the Senate bill. Of this

amount, $4,000,000 is provided for additional protection of the Federal Judiciary in New York City involved in the World Trade Center bombing and Embassy bombing trials; $1,200,000 is for Foley

Square and Brooklyn Federal courthouse security expenses; and

$5,000,000 is for courthouse security equipment. Within the total

funding available, the U.S. Marshals Service is expected to provide

up to $200,000 for additional security needs at the Federal Courthouse in Alexandria, Virginia.

CONSTRUCTION

The conference agreement includes $9,125,000 for U.S. Marshals Service Construction, instead of $35,000,000 as proposed in

the Senate bill. The House did not address this matter. The Marshals Service is directed to apply this funding to the highest priority locations.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

The conference agreement includes $745,000,000 for the salaries and expenses of the Federal Bureau of Investigation (FBI), instead of $538,500,000 as proposed in the House bill and

$654,500,000 as proposed in the Senate bill. Of this amount,

$237,000,000 is for continued implementation of Trilogy. The Committees will entertain a reprogramming for other information technology needs should the FBI not need the full amount provided for

Trilogy. Also within the total funding amount provided,

$184,147,000 is for immediate unfunded response needs; and

$1,641,000 is for data network interception. In addition,

$56,764,000 is for the information assurance and data digitizing,

and the conferees direct that the FBI submit a spending plan, subject to section 605 reprogramming requirements of P.L. 107–77,

prior to obligating any funding for these activities. Also within the

total funding amount, $7,404,000 is for foreign language translation needs; $43,762,000 is for headquarters and field office

counterterrorism investigation support; $8,744,000 is for the wireVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00419 Fmt 6601 Sfmt 6601 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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less intercept program; $11,278,000 is for DNA systems and analysis; $20,622,000 is for Computer Analysis Response Teams;

$9,218,000 is for Intelligence Production; $12,241,000 is for audio

interception technology; $5,606,000 is for the forensic audio/video/

image analysis program; $7,700,000 is for a transfer to the Drug

Enforcement Administration for the Special Operations Division;

$12,818,000 is for classified projects; $6,461,000 is for Title III

wiretaps; $1,392,000 is for Evidence Response Teams collection and

training needs; and $50,000,000 is for counterterrorism equipment

and supplies.

The conferees are aware that terrorist organizations exploit the

Internet to plan, coordinate, and initiate terrorist acts, finance terrorist activities, and recruit terrorists. To enable the FBI to continue its efforts to work with businesses and Federal and State

governments to fight cybercrime, $61,000,000 is provided for the

National Infrastructure Protection Center, including not less than

$12,000,000 for the Special Technologies and Applications Unit,

and $7,202,000 is provided for regional computer forensic labs. This

funding is in addition to funding provided elsewhere in this bill to

fight cybercrime.

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

ENFORCEMENT AND BORDER AFFAIRS

The conference agreement includes $449,800,000 for the salaries and expenses of the Immigration and Naturalization Service

(INS), as proposed in the Senate bill, instead of $409,600,000 as

proposed in the House bill. Of this amount, $10,000,000 is for additional border patrol agents along the Southwest Border;

$55,800,000 is for additional inspectors and support staff on the

Northern Border; and $23,900,000 shall be for transfer of and additional border patrol agents and support staff on the Northern Border. Also included in the amount provided is $13,300,000 for the

entry/exit system; $10,555,000 for border crossing card and green

card readers; $18,000,000 for the lease acquisition program;

$25,600,000 for 16 single engine helicopters; $54,000,000 for ISIS;

$5,000,000 for infrared scopes; $2,500,000 for border checkpoint improvements and canine teams; $8,157,000 for ENFORCE/IDENT

data communications, biometrics redundancy equipment, and the

booking module; $39,100,000 for information technology

connectivity, enterprise information and information assurance;

$5,000,000 for the ENFORCE detention and removals module;

$36,800,000 for SEVIS; $23,454,000 for the forensic document lab

equipment and staffing; $5,300,000 for fugitive operations detention and removal; $5,885,000 for ADNET/ENFORCE integration of

databases; $5,904,000 for ENFORCE investigations and intelligence modules; $10,200,000 for joint terrorism task forces;

$5,000,000 for border patrol planning and design; $8,800,000 for

physical security and guards; $5,400,000 for attorneys; and

$72,145,000 for unfunded immediate response needs.

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CONSTRUCTION

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

these funds.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

The conference agreement includes $400,000,000 for Office of

Justice Programs, Justice Assistance programs, as proposed in both

the House and the Senate bills. This funding for the Office of Domestic Preparedness (ODP) within the Office of Justice Programs

will enhance the preparedness and response capabilities of State

and local entities with responsibility for responding to terrorist attacks. Within the funding provided for Formula Grants, up to

$5,000,000 shall be made available for the continued support of the

Domestic Preparedness Equipment Technical Assistance Program,

a partnership between the ODP and the Pine Bluff Arsenal. The

conferees are aware that the September 11, 2001, terrorist attacks

also impacted Connecticut. Accordingly, the conferees encourage

ODP to work with Connecticut to expedite the release of any grant

funds that may be warranted. The distribution of funding is as follows:

Justice assistance

[Dollars in Thousands]

Office of Justice Programs, Justice Assistance:

Aircraft for NYC for counterterrorism and other required activities .......................................................................................... $9,800

Capital Wireless Integrated Network in the Washington Metropolitan area ................................................................................. 20,000

Training Programs:

Center for Domestic Preparedness, Ft. McClellan, Alabama ..... 17,000

Nat’l Energetic Materials Research and Testing Center, New

Mexico .......................................................................................... 11,500

Nat’l Emergency Response and Rescue Training Ctr, Texas

A&M ............................................................................................. 11,500

Nat’l Exercise, Test, and Training Center, Nevada Test Site .... 11,500

Nat’l Center for Bio-Med Research, Training, Louisiana State

University .................................................................................... 11,500

Training Grants and Support ........................................................ 16,000

Exercises:

Exercise Grants/Support to States/Exercise Mgmt ...................... 33,900

TOPOFF II ...................................................................................... 4,000

Program Evaluation/After Action Analysis .................................. 5,000

Technical Assistance ...................................................................... 8,000

Management and Administration ................................................. 8,000

Formula Grants .............................................................................. 212,300

Prepositioned Equipment ............................................................... 20,000

Total, Justice Assistance ............................................................ 400,000

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

The conference agreement includes $251,100,000 for Byrne

Discretionary grants under the State and Local Law Enforcement

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ing provided shall be available only for allocation to State and local

public safety entities for expenses for emergency preparedness

equipment, training, and other public safety purposes in their jurisdictions. The distribution of funding is as follows:

State and local law enforcement assistance

[Dollars in Thousands]

Virginia: Fairfax County ................................................................................ $12,000

City of Alexandria .......................................................................... 8,000

City of Fairfax ................................................................................. 1,500

City of Falls Church ....................................................................... 500

Loudoun County ............................................................................. 4,300

City of Manassas ............................................................................ 1,500

Manassas Park ............................................................................... 500

Virginia State Police for counterterrorism measures .................. 13,900

Arlington County ............................................................................ 16,000

Prince William County ................................................................... 4,300

Subtotal for Virginia ................................................................... 62,500

New Jersey:

New Jersey State Police Radio System ........................................ 30,000

Jersey City Police for modernization for a communications system ............................................................................................... 10,700

Newark, New Jersey Police Department for security equipment 5,000

City of Newark, New Jersey .......................................................... 5,000

Subtotal for New Jersey ............................................................. 50,700

Maryland:

Interoperability of communications, IT systems .......................... 7,020

Upgrades to the technology infrastructure and coordination between the Federal, State and local law enforcement and public health agencies to prevent and respond to a biochemical

attack on the Washington, DC region ....................................... 10,573

Add and equip with robots four additional bomb squad units

and provide for the rapid response of those units .................... 3,468

Crime laboratory equipment and training ................................... 9

Police field operations equipment ................................................. 508

Baltimore Washington Airport bomb and canine teams ............. 986

Prince George’s County, MD for disaster preparedness .............. 7,885

Montgomery County, MD for major incident preparedness ........ 8,551

Subtotal for Maryland ................................................................ 39,000

New York:

New York City for Counterrorism Preparedness Training and

Equipment ................................................................................... 28,680

New York City Law Enforcement Telecommunications and

Computers ................................................................................... 9,560

New York City Security Enhancements ....................................... 9,560

New York Statewide Wireless Network ........................................ 24,000

Subtotal for New York ................................................................ 71,800

Pennsylvania: Major incident preparedness ........................................ 5,000

CyberSecurity Initiative ........................................................................ 5,000

Utah Olympics Public Safety Command .............................................. 17,100

Total, State and Local Law Enforcement Assistance ............... 251,100

CRIME VICTIMS FUND

The conference agreement includes $68,100,000 for the Office

for Victims of Crime, as proposed in both the House and Senate

419

bills. These funds will provide grants to counseling programs for

the victims of the September 11, 2001, terrorist attacks, as well as

their families and crisis responders. Grants will go to government

and private organizations providing services to victims residing in

New York, New Jersey, Virginia, and other States as needed.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The conference agreement includes $1,000,000 for additional

security enhancements for 45 overseas posts not collocated in embassies or chanceries, instead of $750,000 as proposed in the House

bill and $1,500,000 as proposed in the Senate bill. No funding is

included for a security survey of domestic offices.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

The conference agreement includes $1,756,000 for overseas export enforcement attaches and a project matrix, as proposed in

both the House and Senate bills.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

The conference agreement includes $8,250,000 for emergency

grants to assist public broadcasters in restoring broadcasting facilities and capabilities that were destroyed in the collapse of the

World Trade Center towers, as proposed in both the House and

Senate bills. In addition, language is included providing a waiver

of matching requirements, as proposed in the House bill. The Senate bill did not include similar language.

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

The conference agreement includes $1,500,000 for security upgrades for the U.S. Patent and Trademark Office, instead of

$3,360,000 as proposed in the Senate bill. The House bill did not

include funding under this heading.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

The conference agreement includes $5,000,000 for a new program to develop and implement cyber-intrusion and detection technologies as part of a cyber security initiative, instead of

$10,400,000 as proposed in the Senate bill. The House bill did not

include funding under this heading. No funds are provided under

this heading for additional perimeter security.

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CONSTRUCTION OF RESEARCH FACILITIES

The conference agreement includes $1,225,000 for increased security upgrades to NIST facilities, as proposed in the Senate bill.

The House bill did not include funding under this heading.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

The conference agreement includes $750,000 for licensing and

enforcement of commercial satellite remote sensing, as proposed in

both the House and Senate bills. In addition, $2,000,000 is included

for increased security measures at U.S. satellite control facilities,

as proposed in the Senate bill.

The conferees agree that in the Statement of Managers accompanying the Conference Report on H.R. 2500, under the heading

‘‘National Oceanic and Atmospheric Administration, Operations,

Research, and Facilities, Program Support’’, ‘‘McArthur,’’ shall be

stricken and ‘‘Townsend Cromwell’’ inserted, and in the chart

under ‘‘NWS, NWSTG’’, ‘‘CIP’’ shall be stricken and ‘‘Mt. Weather’’

inserted.

DEPARTMENT MANAGEMENT

SALARIES AND EXPENSES

The conference agreement includes $4,776,000, instead of

$881,000 as provided in the Senate bill, and $8,636,000 as provided

in the House bill. This amount includes $3,291,000 for increased

contract guard services at the Herbert C. Hoover Building and

other Department of Commerce facilities, $485,000 for security

equipment, and $1,000,000 for Voice-over Internet Protocols.

THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

CARE OF THE BUILDING AND GROUNDS

The conference agreement includes $30,000,000 for the Supreme Court ‘‘Care of the Building and Grounds’’ account for security enhancements as provided in the Senate bill, instead of

$10,000,000 as provided in the House bill.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

The conference agreement includes $5,000,000 for Courts of

Appeals District Courts, and Other Judicial Services for emergency

communications equipment as provided in the Senate bill.

COURT SECURITY

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

instead of $21,500,000 as provided in the House bill.

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ADMINSTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

The conference agreement includes $2,879,000 for the Administrative Office of the United States Courts to enhance security at

the Thurgood Marshall Federal Judiciary Building as provided in

the Senate bill. The House bill did not include funding under this

heading.

DEPARTMENT OF STATE AND RELATED AGENCY

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

The conference agreement includes $9,200,000 for International Broadcasting Operations for operational costs of surrogate

radio broadcasting by Radio Free Europe/Radio Liberty to the people of Afghanistan in languages spoken in Afghanistan as proposed

in the House bill. The Senate bill did not include funding under

this heading.

BROADCASTING CAPITAL IMPROVEMENTS

The conference agreement includes $10,000,000 for Broadcasting Capital Improvements for capital requirements associated

with surrogate radio broadcasting by Radio Free Europe/Radio Liberty to the people of Afghanistan in languages spoken in Afghanistan as proposed in the House bill. The Senate bill did not include

funding under this heading.

RELATED AGENCIES

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $1,301,000 for response

and recovery needs for the Commission’s New York City office as

proposed in both the House and Senate bills.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

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

SMALL BUSINESS ADMINISTRATION

BUSINESS LOANS PROGRAM ACCOUNT

The conference agreement includes $75,000,000 for business

loan subsidies related to the terrorist acts in New York, Virginia,

and Pennsylvania, on September 11, 2001, as proposed in the Senate bill, with a technical modification. The House bill did not inVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00425 Fmt 6601 Sfmt 6601 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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clude funding under this heading. The conferees take particular

note of the devasting effects that the tragic events of September 11,

2001, have had upon the software/information technology industry

in and around New York City and other affected areas. The conferees encourage the SBA to work with these companies, as appropriate, in the administration of programs funded in this Act.

DISASTER LOANS PROGRAM ACCOUNT

The conference agreement includes $75,000,000 for disaster

loan subsidies as proposed in the Senate bill, with a technical

modification, instead of $140,000,000 as proposed in the House bill.

GENERAL PROVISIONS—THIS CHAPTER

The conference agreement includes the following general provisions:

Sec. 201.—The conference agreement includes Section 201,

waiving certain authorization requirements, as proposed in the

House bill

Sec. 202.—The conference agreement includes Section 202, regarding Small Business Administration disaster loans in response

to the September 11, 2001, terrorist attacks, proposed as Section

201 in the Senate bill.

Sec. 203.—The conference agreement includes Section 203, regarding Small Business Administration disaster and business loans

in response to the September 11, 2001, terrorist attacks, proposed

as Section 202 in the Senate bill.

Sec. 204.—The conference agreement includes Section 204, regarding a report on the United States-People’s Republic of China

Science and Technology Agreement of 1979, proposed as Section

203 in the Senate bill.

Sec. 205.—The conference agreement includes Section 205, regarding an Alaska fishing capacity reduction program, proposed as

Section 204 in the Senate bill.

Sec. 206.—The conference agreement includes Section 206, proposed as Section 102 of Division D of the Senate bill, making a

technical correction to Public Law 107–77.

Sec. 207.—The conference agreement includes Section 207, proposed as Section 103 of Division D of the Senate bill, making a

technical correction to Public Law 107–77.

Sec. 208.—The conference agreement includes Section 208, proposed as Section 105 of Division D of the Senate bill, making a

technical correction to Section 626 of Public Law 107–77. The language included in Section 626(c) of Public Law 107–77 quashed the

Department of State’s motion to vacate the judgment obtained by

plaintiffs in Case Number 1:00CV03110(EGS) and reaffirmed the

validity of this claim and its retroactive application. Nevertheless,

the Department of State continued to argue that the judgment obtained in Case Number 1:00CV03110(EGS) should be vacated after

Public Law 107–77 was enacted. The provision included in Section

626(c) of Public Law 107–77 acknowledges that, notwithstanding

any other authority, the American citizens who were taken hostage

by the Islamic Republic of Iran in 1979 have a claim against Iran

under the Antiterrorism Act of 1996 and the provision specifically

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allows the judgment to stand for purposes of award damages consistent with Section 2002 of the Victims of Terrorism Act of 2000

(Public Law 106–386, 114 Stat. 1541).

The conference agreement does not include language proposed

in the Senate bill regarding the HUBZone program of the Small

Business Administration (SBA). Instead, the conferees direct the

SBA to allocate an amount not to exceed $2,000,000 within the

level provided for non-credit programs under the ‘‘Salaries and Expenses’’ account in the Departments of Commerce, Justice, and

State, the Judiciary, and Related Agencies Appropriations Act,

2002 (Public Law 107–77) for the HUBZone program, subject to the

reprogramming requirements in section 605 of Public Law 107–77.

In addition, the Administrator of the SBA shall make quarterly reports to the Committees on Appropriations of the House and Senate regarding all actions taken by the SBA to address the deficiencies in the HUBZone program identified by the General Accounting Office in report number GAO–02–57 of October 26, 2001.

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

DEFENSE EMERGENCY RESPONSE FUND

Chapter 3 of the conference agreement provides a total of $3,395,600,000 in new budget authority for the Department of Defense, instead of $7,242,911,000 as proposed by the House and

$1,525,000,000 as proposed by the Senate.

Specific allocations of funds agreed to by the conferees, pursuant to new appropriations provided in this chapter as well as transfers of other funds, include the following:

Category/Program Amount

Situational Awareness ........................................................................... $850,000,000

Increased World-wide Posture .............................................................. 1,495,000,000

OPTEMPO ....................................................................................... (1,495,000,000)

Offensive Counterterrorism .................................................................. 372,000,000

Munitions ........................................................................................ (230,000,000)

JDAM ....................................................................................... (130,000,000)

Laser Guided Bomb Kits ........................................................ (100,000,000)

Special Operations Command ....................................................... (142,000,000)

Pentagon Renovation .............................................................................

Appropriations in this Act ............................................................. 475,000,000

Additional appropriations by transfer (Section 305) ................... 300,000,000

Initial Crisis Response .......................................................................... 39,100,000

Port Security ................................................................................... (31,000,000)

CBIRF deployment and other: DoD support to the Capitol ........ (8,100,000)

Relocation Costs and other purposes ................................................... 164,500,000

Pentagon Relocation Costs ............................................................. (33,000,000)

Advance Identification Friend or Foe for ANG ............................ (35,000,000)

Transportation Multi-Platform Gateway for AWACS ................. (20,000,000)

National Infrastructure Simulation Analysis Center .................. (20,000,000)

DDR&E Quick reaction munitions research ................................ (15,000,000)

Lynx Synthetic Aperture Radar .................................................... (15,000,000)

Olympics Support ........................................................................... (15,000,000)

COTS Blast Visualization Research .............................................. (5,000,000)

COTS Blast Mitigation Research .................................................. (5,000,000)

USAMRIID Feasibility/Infrastructure Study ............................... (1,000,000)

National Remembrance Memorial ................................................. (500,000)

Additional Allocations of Funds Derived by Transfer ........................ 130,000,000

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Category/Program Amount

FSUTR Biological Weapons Stockpile Reduction ......................... 30,000,000

DoD Military and Logistical Support (Section 304) ..................... (100,000,000)

The conferees designate these specific funding allocations as

items of congressional interest, for purposes of complying with established procedures regarding transfers and proposed reprogramming of funds.

CLASSIFIED PROGRAMS

The conferees’ recommendations regarding classified programs

are addressed in a classified annex accompanying this report.

PENTAGON RECONSTRUCTION

Section 305 of the conference agreement appropriates $475,000,000 to continue reconstruction of the Pentagon Reservation to repair damage inflicted as a result of the attack on September 11, 2001. The conferees commend the hard work and dedication of the workers and managers responsible for this reconstruction effort, and endorse efforts to complete this endeavor in record

time.

The conference agreement also includes a provision (section 305(b)), transferring an additional $300,000,000 from unobligated

and uncommitted funds appropriated to the President in Public

Law 107–38 to finance the simultaneous construction and hardening of military command centers at the Pentagon. Prior to September 11 the Pentagon renovation plan included above ground

and unhardened military command centers. The conferees concur

that it is now only prudent for security purposes that these critical

command centers be relocated below ground and hardened against

catastrophic attack at the earliest opportunity. This change in plan

must be made now before overall Pentagon reconstruction design,

construction, and budgetary decisions are set in place. It is expected that this change will accelerate completion of the entire renovation project from 2014 to 2010, at an estimated additional cost

of $800,000,000. The conferees believe this acceleration is important for the national security and for the safety of the 25,000 men

and women who work in the Pentagon complex.

FORMER SOVIET UNION THREAT REDUCTION

The conference agreement includes language transferring

$30,000,000 of unobligated balances from the ‘‘Former Soviet Union

Threat Reduction’’ appropriation to the Department of State, in

support of the Biological Weapons Redirect and Science and Technology Centers programs. The conferees endorse the use of these

funds as proposed in the House report, including the redirection of

former Soviet biological production facilities to vaccine production,

and efforts to engage former Soviet biological weapons scientists in

collaborative research with U.S. corporations to develop new vaccine and drug therapies for highly infectious diseases.

QUICK REACTION ACTIVITIES

The conferees recommend $15,000,000 only for quick reaction

capabilities to develop and deploy promising new weapons and

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other counter-terrorism and counter-WMD capabilities that are recommended by the Department of Defense Combating Terrorism

Technology Task Force.

BLAST MODELING—VISUALIZATION AND MITIGATION

The conferees recommend $5,000,000 only for the conversion of

current CIA/OTI technology for use by the USAF Force Protection

Battlelab, to accelerate efforts to quickly produce accurate blast

models for specific or unique structures and to assist in choosing

specific deployment and billeting locations. An additional

$5,000,000 is provided only for Blast Mitigation Research, involving

field testing of explosives tests against structures.

U.S. ARMY MEDICAL RESEARCH INSTITUTE FOR INFECTIOUS

DISEASES

Due to the terrorist acts of September 11, 2001 and the anthrax incidents that followed, the DoD is developing an expanded

role for the United States Army Medical Research Institute for Infectious Diseases (USAMRIID), the lead DoD laboratory for medical

aspects of biological warfare defense. The conferees provide

$1,000,000 to the Army, only for the purpose of conducting a feasibility study to finalize the mission of USAMRIID and determine

the infrastructure requirements and associated costs needed to accommodate USAMRIID’s expanded role. The conferees direct the

Secretary of the Army to submit a report on the results of this

study and plans for including a facility expansion in the Future

Years Defense Plan (FYDP) to the congressional defense committees no later than March 15, 2002.

FUTURE REQUESTS FOR SUPPLEMENTAL APPROPRIATIONS

The conferees agree with direction in the House report which

directs that future supplemental appropriations requests for defense and intelligence activities in response to the attacks of September 11, 2001, as well as any other supplemental requests for

the Department of Defense and the Intelligence Community, be

submitted using the traditional appropriations account format and

detailed supporting and justification materials.

DEFENSE EMERGENCY RESPONSE FUND REPORT

In light of the adjustments recommended by the conferees to

the supplemental request, and other guidance regarding the use of

previously allocated defense and intelligence funds from Public

Law 107–38, the conferees direct that not later than 45 days following enactment of this Act the Secretary of Defense and the Director of Central Intelligence, in consultation with OMB, provide

the House and Senate Committees on Appropriations with a revised, comprehensive and detailed report, using the guidelines in

the House report, regarding the overall allocation of all appropriations for defense and intelligence activities (including obligations

up to that point, and forecasted expenditures) made available from

Public Law 107–38. Similar reports shall be submitted quarterly

during fiscal year 2002 following submission of the first report.

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GENERAL PROVISIONS—THIS CHAPTER

The conference agreement includes a general provision (Section

301) which retains a provision proposed in the supplemental request, and amended in the House bill, which establishes the terms

and conditions under which funds appropriated under the heading

‘‘Defense Emergency Response Fund’’ may be used, provides transfer authority for these funds, and includes a number of reporting

requirements.

The conference agreement includes a general provision (Section

302) which amends a similar provision proposed in the supplemental request, and in the House and Senate bills, which allows

funds in the appropriations account ‘‘Support for International

Sporting Competitions, Defense’’ to be used to reimburse members

of the National Guard while performing State active duty or fulltime National Guard duty, and temporarily waives the requirement

to obtain certification from the Attorney General for the Department’s assistance to the 2002 Winter Olympic Games in order to

meet safety and security needs.

The conference agreement includes a general provision (Section

303) which provides that funds appropriated by this Act, or made

available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for

purposes of section 504 of the National Security Act of 1947 (50

U.S.C. 414).

The conference agreement includes a general provision (Section

304) identified by Administration officials, which provides that not

to exceed $100,000,000 of funds in the Defense Emergency Response Fund may be made available for payments to Pakistan and

Jordan for support in connection with Operation Enduring Freedom. The conferees direct that funds subject to this provision do

not include funds in this Act, and are limited only to those funds

previously made available in Public Law 107–38 and formally allocated to the Department of Defense consistent with that Act’s notifications by the President to the Congress.

The conference agreement includes a general provision (Section

305) regarding the reconstruction of the Pentagon, as discussed

earlier in this statement.

The conference agreement includes a general provision (Section

306) providing additional transfer authority to the Operation and

Maintenance accounts of the Department of Defense, if required to

meet costs incurred in support of Operations Enduring Freedom

and Noble Anvil.

CHAPTER 4

DISTRICT OF COLUMBIA

FEDERAL FUNDS

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR PROTECTIVE

CLOTHING AND BREATHING APPARATUS

The conference agreement appropriates $7,144,000 to remain

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stead of $12,144,209 to remain available until expended as proposed by the House.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SPECIALIZED

HAZARDOUS MATERIALS EQUIPMENT

The conference agreement appropriates $1,032,000 to remain

available under September 30, 2003 as proposed by the Senate instead of $1,032,342 to remain available until expended as proposed

by the House.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR CHEMICAL

AND BIOLOGICAL WEAPONS PREPAREDNESS

The conference agreement appropriates $10,355,000 to remain

available until September 30, 2003 as proposed by the Senate instead of $10,354,415 to remain available until expended as proposed by the House.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR

PHARMACEUTICALS FOR RESPONDERS

The conference agreement appropriates $2,100,000 to remain

available until September 30, 2003 as proposed by the Senate instead of $2,100,000 to remain available until expended as proposed

by the House.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR RESPONSE

AND COMMUNICATIONS CAPABILITY

The conference agreement appropriates $14,960,000 to remain

available until September 30, 2003 as proposed by the Senate. The

House bill contained no similar appropriation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SEARCH,

RESCUE AND OTHER EMERGENCY EQUIPMENT AND SUPPORT

The conference agreement appropriates $8,850,000 to remain

available until September 30, 2003 as proposed by the Senate. The

House bill contained no similar appropriation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EQUIPMENT,

SUPPLIES AND VEHICLES FOR THE OFFICE OF THE CHIEF MEDICAL

EXAMINER

The conference agreement appropriates $1,780,000 to remain

available until September 30, 2003 as proposed by the Senate. The

House bill contained no similar appropriation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR HOSPITAL

CONTAINMENT FACILITIES FOR THE DEPARTMENT OF HEALTH

The conference agreement appropriates $8,000,000 to remain

available until September 30, 2003 as proposed by the Senate. The

House bill contained no similar appropriation.

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FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR THE OFFICE

OF THE CHIEF TECHNOLOGY OFFICER

The conference agreement appropriates $45,494,000 to remain

available until September 30, 2003 instead of $43,994,000 to remain available until September 30, 2003 as proposed by the Senate. The conference agreement also includes language as proposed

by the Senate requiring that a plan for integrating the communications systems of local, regional and Federal law enforcement agencies be submitted to the Committees on Appropriations of the Senate and the House of Representatives no later than June 15, 2002.

The House bill contained no similar appropriation or language.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EMERGENCY

TRAFFIC MANAGEMENT

The conference agreement appropriates $20,700,000 to remain

available until September 30, 2003 as proposed by the Senate. The

House bill contained no similar appropriation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR TRAINING

AND PLANNING

The conference agreement appropriates $9,949,000 to remain

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

2002 (H.R. 2944).

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR INCREASED

FACILITY SECURITY

The conference agreement appropriates $25,536,000 to remain

available until September 30, 2003 as proposed by the Senate. The

House bill contained no similar appropriation.

FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA

TRANSIT AUTHORITY

The conference agreement appropriates $39,100,000 to remain

available until September 30, 2003 and includes $2,200,000 for

completion of the fiber optic network project and $15,000,000 for a

chemical emergency sensor program instead of $39,100,000 to remain available until September 30, 2003 which included

$17,200,000 for completion of the fiber optic network project and an

automatic vehicle locator system as proposed by the Senate. The

conference agreement shifts $15,000,000 included in the

$17,200,000 for the automatic vehicle locator system to a chemical

and biological detection initiative to protect transit facilities. The

automatic vehicle locator system will be funded from other Federal

funds received by the Authority for security improvements.

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FEDERAL PAYMENTS TO THE METROPOLITAN WASHINGTON COUNCIL

OF GOVERNMENTS

The conference agreement appropriates $5,000,000 to remain

available until September 30, 2003 as proposed by the Senate to

enhance regional emergency preparedness, coordination and response and to develop a comprehensive regional emergency preparedness, coordination and response plan. The House bill contained no similar appropriation. The conferees request an interim

report on the status of the comprehensive regional plan by September 30, 2002, and a final report by September 30, 2003.

FAMILY COURT ACT OF 2001 (H.R. 2657)

The conferees agree that the Joint Committee on Judicial Administration of the District of Columbia Courts may use operating

funds as necessary to implement the District of Columbia Family

Court Act of 2001 (H.R. 2657). The conferees on the District of Columbia Appropriations Act, 2002 (H.R. 2944) intended that the District of Columbia Courts would use funds provided under the heading ‘‘Federal Payment for Family Court Act’’ for any expenses related to implementing family court reform. The conferees did not

intend or expect the District of Columbia Courts to be penalized for

expenditures or reimbursements of operating expenses when legitimate family court reform expenses were incurred.

The conferees request the Joint Committee to maintain a separate accounting of those expenses that are attributable to family

court reform and those general operating expenses that are unrelated to family court reform.

DISTRICT OF COLUMBIA FUNDS

DIVISION OF EXPENSES

Language is included under ‘‘District of Columbia Funds’’ to

allow the District government to obligate and spend the Federal

payments appropriated earlier in this chapter to the District government’s general fund.

GENERAL PROVISIONS—THIS CHAPTER

The conference agreement includes language in section 401

that authorizes the Chief Financial Officer of the District of Columbia to transfer up to 5 percent of the funds appropriated to the District in this chapter after advance written notification to the Committees on Appropriations.

The conference agreement includes language in section 402

that requires the chief financial officers of the District of Columbia

government and the Metropolitan Washington Area Transit Authority and the Executive Director of the Metropolitan Washington

Council of Governments to provide quarterly reports beginning no

later than March 15, 2002.

The conference agreement includes language in a new section

403 that requires all funds in this chapter to be apportioned quarterly by the Office of Management and Budget. The conference

agreement also inserts a proviso that requires all funds in this

chapter to be made available no later than September 30, 2002.

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The conference agreement includes language in a new section

404 that makes a technical correction to the District of Columbia

Appropriations Act, 2002 (H.R. 2944).

CHAPTER 5

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

OPERATION AND MAINTENANCE, GENERAL

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

DEPARTMENT OF THE INTERIOR

BUREAU OF RECLAMATION

WATER AND RELATED RESOURCES

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

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

ENERGY SUPPLY

The conferees agree that the amount appropriated by Title III

of the Energy and Water Development Appropriations Act, 2002

(Public Law 107–66) under the Energy Supply account for ‘‘Renewable Energy Resources’’, subaccount ‘‘Electric energy systems and

storage’’, is increased by $10,000,000, with a corresponding general

reduction of $10,000,000 applied to the total ‘‘Renewable Energy

Resources’’ account. Such general reduction is to be applied on a

pro rata basis to all programs, projects, and activities under the

‘‘Renewable Energy Resources’’ account and in accordance with

guidance previously provided in the Energy and Water Development Appropriations Act, 2002.

ATOMIC ENERGY DEFENSE ACTIVITIES

NATIONAL NUCLEAR SECURITY ADMINISTRATION

WEAPONS ACTIVITIES

The conference agreement provides $131,000,000 for Weapons

Activities as proposed by the Senate instead of $88,000,000 as proposed by the House. Of these funds, $76,000,000 is to address safeguards and security configuration vulnerabilities throughout the

nuclear weapons complex; $30,000,000 is to accelerate deployment

of near-term cyber security measures at all nuclear weapons complex sites; and $25,000,000 is to provide additional resources for seVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00434 Fmt 6601 Sfmt 6601 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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cure transportation asset safeguards system operations including

$1,000,000 for program direction activities.

The conferees strongly urge the National Nuclear Security Administration to use a portion of the resources provided to develop

its extensive capabilities in security and counter-terrorism technologies and make them available to other government agencies as

appropriate.

DEFENSE NUCLEAR NONPROLIFERATION

The conference agreement includes $226,000,000 for Defense

Nuclear Nonproliferation as proposed by the Senate instead of

$18,000,000 as proposed by the House. Funding of $78,000,000 is

provided for nonproliferation and verification research and development, including $18,000,000 for development activities to automate

more of the processes and increase the number of agents that can

be detected with the Biological Aerosol Sentry and Information

System (BASIS), a prototype biological detection system to provide

civilian public health systems with early warning of airborne biological agents. From within available funds for research and development, research is to be conducted with respect to radiological dispersion devices known as ‘‘dirty bombs’’. Funding of $120,000,000 is provided for the International Materials Protection, Control and Accounting program to secure nuclear materials at sites in Russia and the Newly Independent

States.

An additional $15,000,000 has been provided to the Russian

Transition Initiatives program for the Nuclear Cities Initiative and

the Initiatives for Proliferation Prevention program. Additional funding of $10,000,000 is provided for the International Nuclear Safety Program to improve the safety of Sovietdesigned nuclear reactors, and an additional $3,000,000 is provided

for the program direction account.

Within available fiscal year 2002 funds, the Department is directed, in conjunction with other Federal agencies and departments, to accelerate the development and deployment of the PROTECT program, a chemical agent defensive system to cover multiple stations and tunnels in a high-threat section of the Washington Metropolitan Area Transit Authority subway system and to

expand the program to include one Boston transit station.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT

The conference agreement provides $8,200,000 for Defense Environmental Restoration and Waste Management as proposed by

the House and the Senate. Of this funding, $3,300,000 is for the

Hanford site in Washington and $4,900,000 is for the Savannah

River Site in South Carolina to provide additional safeguards and

security measures.

OTHER DEFENSE ACTIVITIES

The conference agreement provides $3,500,000 for Other Defense Activities as proposed by the House and the Senate. Of these

funds, $2,500,000 is to expand the protective forces, replace outVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00435 Fmt 6601 Sfmt 6601 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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dated alarm and radio systems, and install public address systems

at the Department of Energy’s Washington, D.C., facilities. Funding of $1,000,000 will be used to purchase and accelerate deployment of distributed air sampling units for the detection of biological

agents using the prototype Biological Aerosol Sentry and Information System.

INDEPENDENT AGENCY

NUCLEAR REGULATORY COMMISSION

SALARIES AND EXPENSES

The conference agreement includes $36,000,000 for salaries

and expenses at the Nuclear Regulatory Commission as proposed

by the Senate. These additional resources are to be used: re-analyze the vulnerabilities and physical protection requirements for

NRC-licensed facilities and for radioactive materials in transit; reanalyze the design basis threats which are used to design safeguards systems to protect against acts of radiological sabotage and

to prevent the theft of nuclear materials; strengthen the processes

used to authorize access to NRC-licensed facilities; upgrade NRC’s

emergency preparedness and incident response programs; and

strengthen NRC’s infrastructure and communications capabilities.

The conferees direct the Commission to utilize the resources of the

National Infrastructure Simulation and Analysis Center in these

efforts. The conferees intend that these funds shall be excluded

from license fee revenues.

GENERAL PROVISIONS—THIS CHAPTER

Sec. 501. The conference agreement includes a provision proposed by the Senate which provides that up to $500,000 may be

available to the Secretary of Energy for safety improvements to

roads along the shipping route to the Waste Isolation Pilot Plant

site. These funds are to be made available from funds provided to

the Carlsbad Office.

Sec. 502. The conference agreement includes a technical correction proposed by the Senate to provide $400,000 to initiate construction on Nutwood Levee, Illinois, project. This project was improperly described in the Energy and Water Development Appropriations Act, 2002.

Sec. 503. The conference agreement includes a provision proposed by the Senate amending the Reclamation Safety of Dams Act

of 1978.

Sec. 504. The conference agreement includes a technical correction proposed by the Senate relating to the Jicarilla, New Mexico,

municipal water system. This project was included under the

wrong account in the Energy and Water Development Appropriations Act, 2002.

Sec. 505. The conference agreement includes a provision proposed by the House relating to the Occoquan Creek, Virginia,

project.

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CHAPTER 6

FUNDS APPROPRIATED TO THE PRESIDENT

AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER ASSISTANCE

The conference agreement provides an additional $50,000,000

for ‘‘International Disaster Assistance’’, to be obligated from

amounts made available in Public Law 107–38, for reconstruction

and humanitarian activities in Afghanistan. The managers direct

the United States Agency for International Development to consult

with the committees prior to the obligation of funds for humanitarian and reconstruction activities in Afghanistan.

CHAPTER 7

DEPARTMENT OF THE INTERIOR

NATIONAL PARK SERVICE

OPERATION OF THE NATIONAL PARK SYSTEM

The conference agreement provides $10,098,000 for Operation

of the National Park System as proposed by both the House and

the Senate.

UNITED STATES PARK POLICE

The conference agreement provides $25,295,000 for the United

States Park Police as proposed by both the House and the Senate.

CONSTRUCTION

The conference agreement provides $21,624,000 for Construction as proposed by both the House and the Senate. The agreement

also includes language permitting the National Park Service to

issue single procurements for the full scope of each construction

project for security improvements at the Washington Monument,

the Lincoln Memorial, and the Jefferson Memorial.

DEPARTMENTAL OFFICES

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement provides $2,205,000 for Salaries and

Expenses as proposed by both the House and the Senate.

RELATED AGENCIES

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

The conference agreement provides $21,707,000 for Salaries

and Expenses as proposed by both the House and the Senate.

434

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

The conference agreement provides $2,148,000 for Salaries and

Expenses as proposed by both the House and the Senate.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

The conference agreement provides $4,310,000 for Operations

and Maintenance as proposed by both the House and the Senate.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

The conference agreement provides $758,000 for Salaries and

Expenses as proposed by both the House and the Senate. The

agreement makes these funds available for fiscal year 2002 only as

proposed by the House. The Senate had proposed to make the

funds available until expended.

GENERAL PROVISIONS, THIS CHAPTER

Section 701 retains the text of section 601 authorizing the

Smithsonian Institution to collect and preserve in the National Museum of American History artifacts relating to the September 11,

2001 attacks on the World Trade Center and the Pentagon as proposed by the Senate. The House had no similar provision.

Section 702 retains the text of section 602 clarifying the treatment of Federal procurement programs for tribes and Alaska Native Corporations with respect to minority and disadvantaged business contracting as proposed by the Senate. The House had no

similar provision.

The conference agreement does not include section 603, as proposed by the Senate, expanding the number of Trustees of the John

F. Kennedy Center for the Performing Arts. The text of a similar

provision, originally proposed by the Senate in Division E, Title II,

section 201, is included in Division D of the conference agreement.

The House had no similar provision.

CHAPTER 8

DEPARTMENT OF LABOR

EMPLOYMENT AND TRAINING ADMINISTRATION

TRAINING AND EMPLOYMENT SERVICES

The conference agreement provides $32,500,000 as proposed by

both the House and the Senate for the Consortium for Worker Education, established by the New York City Central Labor Council

and the New York City Partnership, for an emergency employment

clearinghouse.

435

STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE

OPERATIONS

The conference agreement provides $4,100,000 as proposed by

both the House and the Senate for State unemployment insurance

and employment service operations.

WORKERS COMPENSATION PROGRAMS

The conference agreement provides $175,000,000 as proposed

by both the House and the Senate for workers compensation programs. Included in this amount is $125,000,000 for payment to the

New York State Workers Compensation Review Board, $25,000,000

for payment to the New York State Uninsured Employers Fund for

reimbursement of claims related to the terrorist attacks and

$25,000,000 for payment to the New York State Uninsured Employers Fund for reimbursement of claims related to first response

emergency services personnel who were injured, were disabled, or

died due to the terrorist attacks.

PENSION AND WELFARE BENEFITS ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $1,600,000 as proposed by

both the House and the Senate for pension and welfare benefits administration, salaries and expenses.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

The conference agreement provides $1,000,000 as proposed by

both the House and the Senate for occupational safety and health

administration, salaries and expenses.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

The conference agreement provides $5,880,000 as proposed by

both the House and the Senate for departmental management, salaries and expenses.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

The conference agreement provides $12,000,000 as proposed by

both the House and the Senate for baseline safety screening for

emergency services personnel and rescue and recovery personnel.

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

The conference agreement provides $140,000,000 for Grants for

Immediate Response as proposed by the Senate. The House bill

436

contained no similar provision. These funds shall be distributed as

grants to help pay for healthcare-related costs incurred by organizations as a result of the September 11, 2001 terrorist attacks.

These funds are to be allocated based upon the most current data

available, with priority and without caps, to applicants that, by virtue of their proximity to an attack zone, the number of patients

served, or the provision of specialized services such as trauma care,

participated most directly in disaster response efforts. These funds

are not available for costs that have otherwise been reimbursed or

are eligible for reimbursement from other sources. The conference agreement also provides $2,504,314,000 for

emergency expenses to respond to the September 11, 2001 terrorist

attacks and for other expenses necessary to support activities related to countering potential biological, disease, and chemical

threats to civilian populations. This is $1,013,714,000 above the request. The agreement includes $865,000,000 for upgrading State and local capacity instead of $423,000,000 as proposed by the House

and $1,000,000,000 as proposed by the Senate. The conferees concur with language in the House report recommending that a portion of this funding be provided under the authority of sections

319B, 319C, and 319F of the Public Health Service Act, as amended.

The conferees believe that a portion of this funding should be

available immediately to meet the needs of State and local health

departments as a result of the September 11, 2001 attacks and

other subsequent events related to terrorism. The conferees also believe that a portion of this funding should be granted under the authority of the Public Health Threats and Emergencies Act, which

calls for assessments of public health needs, provides grants to

State and local public health agencies to address core public health

capacity needs, and provides assistance to State and local health

agencies to enable them to respond effectively to bioterrorist attacks. The Secretary is requested to provide the House and Senate

Committees on Appropriations with a plan to distribute this funding within 15 days of enactment of this Act. The conferees concur

with language contained in the House report directing the Secretary to provide a report on the State of the Nation’s public health

and medical preparedness for bioterrorism.

The conferees further believe that the peer review of competitive grants required under 319C, while desirable under normal circumstances, should be waived, at the discretion of the Secretary,

to expedite funding to address gaps in public health preparedness.

In administering assistance for enhancing laboratory capacity,

the conferees request CDC to ensure that funds are made available, to the greatest extent possible, to all laboratories participating in the Laboratory Response Network and in need of capacity

upgrades, as well as to labs in need of upgrades in order to be

brought into the network.

The agreement includes $135,000,000 for grants to hospitals

and other entities to assist hospitals and emergency departments

in preparing for, and responding to, incidents requiring mass immunization and treatment. This funding would allow State and regional planning with local hospitals, including community health

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centers. It would also allow some communities to move beyond the

planning phase and begin implementation of their plans. The conferees urge the Secretary to ensure that plans and activities supported with these funds are integrated and coordinated with State

and local plans. The agreement includes $100,000,000 for upgrading capacity at CDC. The agreement provides that up to $10,000,000 of these

funds shall be for the tracking and control of biological pathogens.

Funds are also included to update and enhance existing laboratory

protocols for use by State and local health laboratories, to increase

CDC’s capacity to handle additional laboratory samples from

States, to enhance epidemic intelligence service/disaster response

teams, to develop rapid toxic screening and other activities. The

agreement also includes $7,500,000 for environmental hazard control activities conducted by CDC.

The conferees understand that CDC is presently utilizing microbial characterization technology that provides an automated genetic fingerprint of any bacterium, has the capacity to process a

large volume of samples in a short time frame, and can electronically communicate identified bacterial ribotypes from multiple laboratory locations for centralized identification. This diagnostic technology could assist in redressing laboratory processing backlogs

and improving disease surveillance, including rapid detection of a

multiple-location bioagent release. The conferee surge CDC to accelerate evaluation of this technology. The agreement includes $85,000,000 for bioterriorism-related

research, including next-generation vaccine research at the National Institute of Allergy and Infectious Diseases (NIAID). The

conferees encourage NIAID to conduct research on safer alternatives to the existing smallpox vaccine, such as a vaccine using

an inactivated smallpox virus. The agreement also provides $70,000,000 for the construction

of a level-4 biosafety laboratory and related infrastructure costs at

NIAID. In addition, $71,000,000 is included for improving laboratory security at CDC and the National Institutes of Health. This

is in addition to the $250,000,000 provided in the CDC’s appropriation for buildings and facilities in the Departments of Labor,

Health and Human Services, and Education and Related Agencies

Appropriations Act for fiscal year 2002. The conferees understand

that the Department has under review recommendations to expand

the number of facilities in the country to work with infectious

agents and pathogens that pose significant risk to the population.

The conferees concur that additional facilities are needed. The conferees are aware of a proposal to improve and modernize existing

facilities and to complete construction of a new level-3 biosafety

laboratory at Colorado State University in Fort Collins, Colorado.

The conferees strongly urge the Secretary to support this proposal.

The agreement includes $593,000,000 for the National Pharmaceutical Stockpile and $512,000,000 for the purchase of the

smallpox vaccine. The conferees note that if we suffer a major biological terror attack, such as introduction of smallpox into multiple

regions of the country, we will need to vaccinate large numbers of

Americans very quickly. The conferees are aware that technology

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ulate large groups. The conferees urge CDC to consider employing

this technology so that it is available in large cities and other areas

where the need is greatest. The agreement includes $55,814,000 for the Office of the Secretary. These funds are for improving disaster medical assistance

teams, national disaster medical system readiness, and other activities related to the coordination of the Department’s activities

concerning bioterrorism preparedness and response. The agreement includes $10,000,000 for the Substance Abuse

and Mental Health Services Administration for grants pursuant to

section 582 of the Public Health Service Act to develop programs

focusing on the behavioral and biological aspects of psychological

trauma response and for developing knowledge with regard to evidence-based practices for treating psychiatric disorders of children

and youth resulting from witnessing or experiencing a traumatic

event.

The agreement includes language to allow the Secretary to

transfer these amounts between categories subject to normal reprogramming procedures as proposed by the Senate. The House bill

contained no similar provision.

DEPARTMENT OF EDUCATION

SCHOOL IMPROVEMENT PROGRAMS

The conference agreement provides $10,000,000 as proposed by

both the House and the Senate for the Project School Emergency

Response to Violence program.

RELATED AGENCIES

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

The conference agreement provides $180,000 as proposed by

both the House and the Senate for the National Labor Relations

Board, Salaries and Expenses.

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

The conference agreement provides $7,500,000 as proposed by

both the House and the Senate for the Social Security Administration, Limitation on Administrative Expenses.

CHAPTER 9

LEGISLATIVE BRANCH

JOINT ITEMS

(INCLUDING TRANSFER OF FUNDS)

The conferees approve $256,081,000 for the Legislative Branch

to ensure the continuance of government; to enhance the safety and

security of legislative branch offices, systems and employees; and

to meet the needs arising from the recent anthrax-related events.

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Of this amount, $34,500,000 is to be transferred to the Senate,

$41,712,000 to the House, $350,000 to the Capitol Guide Service

and Special Services Office, $31,000,000 to the Capitol Police

Board, $106,304,000 to the Architect of the Capitol, $29,615,000 to

the Library of Congress, $4,000,000 to the Government Printing

Office, $7,600,000 to the General Accounting Office, and $1,000,000

as a grant to the United States Capitol Historical Society. The conferees direct that none of the funds provided to the Legislative

Branch agencies (excluding the House of Representatives and the

Senate) are to be obligated without prior approval of an obligation

plan submitted to the Committees on Appropriations of the House

and Senate.

The conferees direct the General Accounting Office to review

and report on the actual and planned obligation of funds transferred to the entities of the Legislative Branch (excluding the

House of Representatives and the Senate) pursuant to the Emergency Response Fund established by Public law 107–38 and to submit quarterly status reports on all expenditures to the Committees

on Appropriations of the House of Representatives and the Senate.

Significant costs have been incurred by the Legislative Branch

to respond to the anthrax-related events at the Capitol Complex;

approximately $23,000,000 has been included in this chapter for

the United States Capitol Police, the Architect of the Capitol, the

House of Representatives, the Senate, the Library of Congress, and

the General Accounting Office. The conferees note that funds to reimburse the Environmental Protection Agency and the Department

of Defense are included in other chapters of Division B. The conferees recognize that these costs are continually being assembled

and will ensure adequate funding is provided to properly respond

to this unfortunate incident.

The conferees recognize that several activities of the United

States Capitol Historical Society have been crippled due to loss of

tourism to the Capitol since September 11, 2001. The conferees are

concerned over the financial situation facing the Society and have

included a $1,000,000 grant in order for the organization to maintain its operations during the coming year. The conferees direct

that the United States Capitol Historical Society submit a detailed

spending plan and a plan for future self sufficiency to the Committees on Appropriations of the House of Representatives and the

Senate prior to February 15, 2002.

The view of the critical need to increase the U.S. Capitol Police

Force the conferees authorize an additional 195 FTEs, for a total

of 1454 officers for fiscal year 2002. In addition, 74 civilian FTEs

are authorized, for a total of 296 civilian FTEs for fiscal year 2002.

These additional civilian positions are to establish an Office of

Emergency Management and a Chem-Bio Strike Team.

ADMINISTRATIVE PROVISIONS—THIS CHAPTER

The conferees have included administrative positions that: authorizes the Senate Sergeant at Arms to acquire buildings and facilities to respond to an emergency situation and enter into a

memorandum of understanding with an Executive Agency during

emergencies; authorizes the House Chief Administrative Officer to

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tion and enter into a memorandum of understanding with an Executive Agency during emergencies; relates to the operations of the

House of Representatives; authorizes any anthrax-contaminated

mail delivered by the U.S. Postal Service to the House of Representatives to be destroyed or otherwise disposed of; to increases

the salaries of the Chief and Assistant Chief of the Capitol Police;

provides for recruitment and retention incentives for the United

States Capitol Police; authorizes the Capitol Police to accept contributions of incidental items and services in response to emergencies; provides assistance to the Capitol Police by Executive

Branch Departments and Agencies; authorizes the Chief of Police,

to deputize members of the D.C. National Guard and duly sworn

law enforcement personnel; authorizes the U.S. Capitol Preservation Commission to transfer funds from the Capitol Preservation

Fund to the Architect of the Capitol for the Capitol Visitors Center;

authorizes salary adjustments for four positions within the Architect of the Capitol; and various technical adjustments related to

Public Law 107–68.

CHAPTER 10

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, ARMY

The conference agreement provides $20,700,000 for Military

Construction, Army, instead of $55,700,000 as proposed by the

House. This funding will provide $4,600,000 for a classified overseas project as requested by the President. The additional funding

will provide $7,000,000 for a classified project in Utah, and

$9,100,000 for three anti-terrorism/force projection projects at Fort

Detrick in Maryland. The Senate did not include a similar provision.

California: Fort Ord.—The conferees are aware that the Army

will convey two parcels of land the former Fort Ord, California, to

the Fort Ord Reuse Authority (FORA) in the future. The City of

Seaside, which is a member of FORA, will receive these parcels and

could use the land to provide recreational opportunities to disadvantaged youth. Unfortunately, a feasibility study that will determine the environmental remediation needed on the site is not

scheduled for completion until 2005. The conferees would support

FORA requesting an early transfer of this property, which would

hasten the clean up of the property and therefore the conveyance

of the property for these purposes.

United States Army South Headquarters.—The conferees understand that the Army has completed a study regarding a potential move of the United States Army South Headquarters from Fort

Buchanan, Puerto Rico to Army bases in the continental United

States. The conferees direct that any proposed relocation must be

consistent with the mission and geographic orientation of the U.S.

Army South and in accordance with and Army decision brief reviewing the various site alternatives and recommending the preferred site. The conferees further direct that the Army provide the

441

House and Senate Appropriations Committees the results of that

study and any further updates.

The conferees further direct the Army to report to the committee no later than February 28, 2002, the following concerning

this relocation: the number of military and civilian personnel to be

moved; the estimated cost; selection criteria and analysis of alternatives; and, any changes to the current plan.

MILITARY CONSTRUCTION, NAVY

The conference agreement provides $2,000,000 for a perimeter

road at Thurmont Naval Support Facility in Maryland as proposed

by the House. The Senate did not include a similar provision.

MILITARY CONSTRUCTION, AIR FORCE

The conference agreement provides $46,700,000 for Military Construction, Air Force, instead of $47,700,000 as proposed by the

House. This amount will provide $20,000,000 for planning and design of a classified project. The additional $26,700,000 is for construction of two classified overseas projects. The Senate did not include a similar provision.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

The conference agreement provides $35,000,000 for Military

Construction, Defense-wide, to provide additional security enhancements at four sites where stockpiles of weapons of mass destruction

are located. The House proposed funding this project in the ‘‘Military Construction, Army’’ account. The Senate did not include a

similar provision.

GENERAL PROVISIONS—THIS CHAPTER

The conference agreement includes three general provisions.

Section 1001 provides the Department of Defense (DOD) with

authority to use funds from the Defense Emergency Response Fund

(DERF) for military construction projects. The Department is required to provide Congress with information describing the project

and its costs 15 days before obligating the amounts.

Despite Congressional intent that the $40,000,000,000 provided in P.L. 107–38 be used for purposes necessitated by the

events of September 11, 2001, the Office of Management and Budget (OMB) and DOD unintentionally created a legal barrier for the

funds to be used for military construction projects by depositing

funds into the DERF account. As a result, projects vital to the war

effort and to homeland security have been stalled while the Department worked through the complexities of section 2808 of title 10.

Exercising the authority provided in this general provision overcomes these obstacles.

However, the conferees remain concerned that the recent process has not been the most effective method for providing funds for

military construction projects when responding to an emergency.

Consequently, the conferees direct the Department and OMB to

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gencies so they are properly included as part of any overall DOD/

OMB submission to Congress rather than separate form any other

defense emergency requirements.

Under the existing authority of section 2808 of title 10, a process exists for transferring prior year appropriations to supplement

the DERF account for military construction required due to the terrorist acts of September 11, 2001. The conferees direct DOD to use

unobligated balances from fiscal years prior to fiscal year 2002 for

these purposes. Then, if insufficient unobligated funds are available, fiscal year 2002 appropriations may be transferred. Additionally, DOD is directed to notify Congress 15 days prior to any such

transfer, to submit an accompanying Form 1391, and to consult, as

is the current practice, about the source of funds from which the

transfer is derived.

To date, DOD has used section 2808 authority on several occasions, transferring $68,900,000 from authorized and appropriated

military construction projects to unauthorized projects needed to effectively fight the war on terrorism and to provide security in the

United States. The conferees agree that these projects are extremely important to adequately respond to the terrorist acts of

September 11, 2001, and note that prior to invoking section 2808,

the President must declare war or a state of emergency. However,

the conferees direct DOD to reimburse accounts that were used as

a source of funds for any project executed under section 2808 authority.

Yet, using unobligated balances from previously appropriated

projects effectively increases the $40,000,000,000 in supplemental

appropriations provided for this purpose without a new appropriation. This action is being taken despite the fact that OMB continues to publicly assert that the $40,000,000,000 provided under

the Supplemental is more than sufficient to effectively prosecute

the war effort. Clearly, using section 2808 authority belies this contention.

Section 1002 amends section 138 of Public Law 106–246 by inserting a new amount for completion of the Cadet Physical Development Center at the Military Academy, West Point, New York.

The Army intends to pay for additional costs with savings from

prior appropriations. The conferees remain concerned about cost

overruns associated with this project and direct the Army to complete the project as expeditiously as possible within the current authorization.

Section 1003 amends section 2202(a) of the National Defense

Authorization Act for Fiscal Year 2002 by making a technical correction.

CHAPTER 11

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

TRANSPORTATION SECURITY ADMINISTRATION

The conference agreement includes $94,800,000 for the new Transportation Security Administration instead of $15,000,000 as

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proposed by the House. The Senate provided no similar appropriation. Within this total, $1,500,000 shall be for intelligence and security activities and $93,300,000 shall be for port security grants.

Port security.—There are 361 public ports in the United States

and they conduct over 95 percent of United States overseas trade.

The Interagency Commission on Crime and Security in U.S. seaports reported in the fall of 2000 that the state of security in U.S.

seaports generally ranges from poor to fair and that control of access to the seaport or sensitive areas within the seaport is often

lacking. The Commission found that criminal organizations are exploiting weak security in ports to commit a wide range of cargo

crimes and that the vulnerability of American ports to potential

terrorist attacks is high. The Commission recommended minimum

security guidelines for U.S. seaports and implementation of a fiveyear crime and security technology plan. The conference agreement includes $93,300,000 for grants to

U.S. seaports for security assessments and enhancements. The

funds provided in the conference agreement can be used for security assessments and for implementation of measures once assessments have been performed. The conferees do not intend this grant

funding to be used to displace current security funding and activities either provided by the ports or by federal agencies. The funding provided in the conference agreement is to be used for additional security activities not now being performed at the ports. In

developing and administering this grant program, the Under Secretary of Transportation for Security is expected to work in cooperation with local port authorities and other affected federal

agencies, including the Coast Guard and Maritime Administration.

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $50,000,000 for the payments to air carriers (essential air service program) instead of

$57,000,000 as proposed by the Senate. The House provided no

similar appropriation. These additional funds will bring the total

program level to $113,000,000 in fiscal year 2002. This amount

should be sufficient to maintain commercial air service to all eligible communities. For new points with significant enplanement levels that may become eligible under the essential air service program in fiscal year 2002 that currently have three flights per day,

the conferees direct that this level of service continue.

COAST GUARD

OPERATING EXPENSES

The conference agreement includes $209,150,000 instead of

$144,913,000 as proposed by the House and $285,350,000 as proposed by the Senate. Funds are available until September 30, 2003

as proposed by the Senate instead of available until expended as

proposed by the House. The conference agreement distributes funds

as follows:

Item Amount

Reserve activation .................................................................................. $110,000,000

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Item Amount

Restoration of fiscal year 2002 reductions ........................................... 33,507,000

Anti-terrorism activities, including marine safety and security

teams ................................................................................................... 41,293,000

Chemical/biological strike teams .......................................................... 2,500,000

National Defense Authorization Act entitlements .............................. 21,850,000

Total ............................................................................................. 209,150,000

Marine safety and security teams.—The conferees agree that

funding for marine safety and security teams is for establishment

of 348 full-time permanent positions for four new teams, including

two teams with area-wide operating responsibility (one each for the

Atlantic and Pacific operating areas) and two teams to exclusively

serve those port areas presenting the greatest port security challenges, especially those ports with a substantial concentration of

critical Department of Defense facilities and a shortage of alternative floating assets. The Senate bill included funds for two areawide teams and four teams for specific ports. The conferees have

no objection to the Commandant co-locating the area-wide teams

with the port specific teams if he believes that economies of scale

and programmatic benefits will result.

FEDERAL AVIATION ADMINISTRATION

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $200,000,000 instead of

$291,500,000 as proposed by the House and $251,000,000 as proposed by the Senate. Funds are available until September 30, 2003

as proposed by the Senate instead of available until expended as

proposed by the House. Funds are derived from the airport and airway trust fund as proposed by the Senate instead of from the general fund as proposed by the House. The conference agreement distributes funds as follows: Item Amount

Cockpit door modifications .................................................................... $100,000,000

Sky marshals .......................................................................................... 65,000,000

Security experts ..................................................................................... 20,000,000

Training facilities ................................................................................... 15,000,000

Total ............................................................................................. 200,000,000

Cockpit door modifications.—The conference agreement provides $100,000,000 for new or modified cockpit doors on commercial

aircraft to improve security of the flight deck. The conferees understand that, under current plans, this is the maximum amount likely to be obligated during fiscal year 2002.

Sky marshals.—The conferees agree to provide $65,000,000 in

this bill for additional sky marshals, and direct that, of the funds

provided to the Transportation Security Administration in the Department of Transportation and Related Agencies Appropriations

Act, 2002 from security user fees, $55,000,000 shall be reserved

and used in fiscal year 2002 for the hire of additional sky marshals. The House bill included $233,000,000 in this bill for the sky

marshal program; the Senate bill provided no funds.

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FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $108,500,000 instead of

$175,000,000 as proposed by the House and no funds as proposed

by the Senate. Funds are to be derived from the airport and airway

trust fund as proposed by the House, and available until September 30, 2004 instead of available until expended as proposed by

the House. As requested by the administration, these funds are to

be used for the procurement and installation of explosive detection

systems.

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $50,000,000, to be derived

from the airport and airway trust fund, as proposed by the Senate.

Funds are to remain available until September 30, 2003 instead of

September 30, 2002, as proposed by the Senate. The House bill contained no similar appropriation. Of the funds provided, not less

than $25,000,000 is for proof of concept demonstrations as described in the Senate report accompanying the bill, incorporating

a global satellite-based communications, navigation and surveillance architecture; a highly integrated, secure common information

network; and a broadband two-way secure communications capability. The conferees direct that these demonstrations shall leverage significant industry cost-sharing efforts. The remaining funds

are for short-duration demonstrations and pilot projects for airports

and airlines involving potential new security technologies and concepts, including $2,000,000 for a demonstration of 100 percent positive passenger bag match technology at Reagan Washington National Airport in Virginia, as proposed by the House.

GRANTS-IN-AID FOR AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

The conference agreement includes $175,000,000 instead of

$200,000,000 as proposed by the Senate, to be derived from the airport and airway trust fund and to remain available until expended,

for reimbursement to airports of direct costs associated with additional or revised security requirements since the September 11th

terrorist attacks. The House bill contained no similar appropriation. The conferees note that the funding provided is available for

security improvements and other assistance at Ronald Reagan

Washington National Airport in Virginia and the Johnstown Airport Authority in Pennsylvania in response to the terrorist attacks

of September 11, 2001.

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FEDERAL HIGHWAY ADMINISTRATION

MISCELLANEOUS APPROPRIATIONS

(HIGHWAY TRUST FUND)

The conference agreement provides $100,000,000 for miscellaneous highway-related appropriations instead of $110,000,000 as

proposed by the Senate. Funds shall be derived from the highway

trust fund, and shall be for the critical expansion of interstate ferry

service necessitated by the attacks of September 11th. Prior to

those attacks, 67,000 daily commuters utilized the PATH transit

service between New Jersey and the World Trade Center. The conference agreement directs that these funds be made available to expand critical ferry services to serve PATH commuters traveling

from New Jersey to Manhattan. A total of $10,000,000 for traffic

controls and detours in New York City and for the repair and reconstruction of non-Federal-aid highways destroyed or damaged by

the collapse of the World Trade Center buildings is provided under

the Federal Emergency Management Agency as proposed by the

House, instead of under this head as proposed by the Senate.

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

The conference agreement provides $75,000,000, to be derived

from the highway trust fund and to remain available until expended, for emergency relief as proposed by both the House and

Senate.

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

The conference agreement provides $6,000,000 for safety and

operations of the Federal Railroad Administration, as proposed by

both the House and the Senate. Funding shall be used for additional expenses related to overtime and the hiring of police and security officers; increased inspections of rail infrastructure; additional security personnel; additional inspector travel; and other security measures.

CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

The conference agreement provides $100,000,000 for capital

improvements of the National Railroad Passenger Corporation

(Amtrak) as proposed by the Senate. The House provided no similar appropriation. These funds shall be used solely to enhance the

safety and security of the aged Amtrak-owned rail tunnels under

the East and Hudson Rivers. Funding shall remain available until

expended.

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FEDERAL TRANSIT ADMINISTRATION

FORMULA GRANTS

The conference agreement includes $23,500,000 for formula

grants as proposed by both the House and the Senate. These supplemental funds will finance the replacement of buses and transit

kiosks destroyed by the collapse of the World Trade Center; provide

technical assistance for transit agencies to refine and develop security and emergency response plans; accelerate and expand the

PROTECT program aimed at detecting chemical and biological

agents in transit stations; conduct emergency response drills with

transit agencies and local first response agencies; and provide security training for transit operators. Funding shall remain available

until expended.

Dulles corridor transit project.—To facilitate the extension of

rail service to Washington Dulles International Airport, the Administrator of the Federal Transit Administration shall work with the

Commonwealth of Virginia, Northern Virginia municipalities, the

Metropolitan Washington Airports Authority, and the Washington

Metropolitan Area Transit Authority to develop and implement a

financing plan for the Dulles Corridor rapid transit project.

CAPITAL INVESTMENT GRANTS

The conference agreement provides $100,000,000 for capital investment grants as proposed by the Senate. The House bill contained no similar appropriation. These funds shall be used to accelerate transit improvements already underway by the Port Authority of New York and New Jersey and New Jersey Transit, to improve access to the PATH and New Jersey Transit systems, and to

initiate transit improvements that are necessary to better accommodate new commuting patterns in the region as a result of the

terrorist attack on September 11th. None of these funds should be

made available to the Washington Metropolitan Area Transit Authority (WMATA), as their security needs are addressed elsewhere

in the bill.

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

The conference agreement appropriates a total of $2,500,000

for research and special programs as proposed by the House instead of $6,000,000 as proposed by the Senate. Funding is provided

specifically to address security-related problems the agency encountered during the September 11th crisis. This includes $1,000,000

for equipment and contractor support related to information dissemination in the crisis management center; $800,000 to purchase

and install dedicated communication cables for the continuity of operations site; and $700,000 for equipment and contractor support

to allow the crisis management center to send and receive classified information.

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OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

The conference agreement includes $1,300,000 for salaries and expenses of the Office of Inspector General instead of $2,000,000 as

proposed by the Senate. The House bill contained no similar appropriation. Following the attacks of September 11th, the OIG has

been given several new responsibilities associated with the Transportation Security Act as well as border security initiatives, which

may be addressed with these funds. The Secretary of Transportation and the Director of the Office of Management and Budget

should carefully monitor the needs of this office an all the new requirements placed upon it to assure the adequacy of funding for

this office. Funding shall be available until September 30, 2003.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

The conference agreement includes $650,000 instead of $465,000 as proposed by the House and $836,000 as proposed by

the Senate. Funding is available until September 30, 2003.

GENERAL PROVISIONS—THIS CHAPTER

The conference agreement includes the Senate provision that

amends section 5117(b)(3) of the Transportation Equity Act for the

21st Century relating to the contract for follow-on deployment of an

intelligent transportation system project. The House proposed no

similar provision. The conferees note that, while this provision allows the Secretary to allocated these funds through a sole source

procurement, the provision does not mandate such an action. The

decision to distribute this funding on a non-competitive basis is left

entirely to the Secretary.

The conference agreement includes the Senate provision that

prohibits the use of appropriated funds, or revenues generated by

the National Railroad Passenger Corporation (Amtrak), to implement section 204(c)(2) of Public Law 105–134, relating to development of an action plan, until enactment of an Amtrak reauthorization act. The House proposed no similar provision.

The conference agreement modifies the Senate provision making technical corrections to the Department of Transportation and

Related Agencies Appropriations Act, 2002. The provision specifies

that of the funds authorized under section 110 of title 23, United

States Code, and provided for in the Department of Transportation

and Related Agencies Appropriations Act, 2002, that no funds shall

be available for the program authorized under section 1101(a)(11)

of Public Law 105–178; $29,542,304 shall be set aside for the

Woodrow Wilson bridge project; $5,896,000 of the $23,896,000 provided for the national motor carrier safety program is for state

commercial driver’s license program improvements; and up to $2,300,000 of the $56,300,000 available for border infrastructure

improvements may be transferred by the Secretary of Transportation to the General Services Administration for construction of

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transportation infrastructure for law enforcement purposes in the

border states. The conference agreement includes a provision that

allows funds for environmental streamlining to be used for non-administrative costs, including grants, cooperative agreements, and

other transactions. The House proposed no similar provisions. The

conferees are very concerned at the lack of progress the Department had made in issuing the rural consultation provision of the

statewide planning regulations. After three years and a clear Congressional mandate under the Transportation Equity Act for the

21st Century, rural local elected officials continue to be left out of

statewide planning discussions. The conferees fully expect this rule

to be promulgated no later than February 1, 2002.

The conference agreement includes the Senate provision making technical corrections to the Department of Transportation and

Related Agencies Appropriations Act, 2002. This provision specifies

that funds appropriated to the Research and Special Programs Administration, including funds derived from the pipeline safety fund,

in the Department of Transportation and Related Agencies Appropriations Act, 2002 shall remain available until September 30,

2004. The House bill proposed no similar provision.

The conference agreement includes the Senate provision that

makes a technical correction to the Department of Transportation

and Related Agencies Appropriations Act, 2002. This provision

amends item 1497 of the table contained in section 1602 of Public

Law 105–178 pertaining to capital improvements to intermodal marine freight and passenger facilities in Anchorage, Alaska. The

House proposed no similar provision.

The conference agreement makes technical corrections to the

Department of Transportation and Related Agencies Appropriations Act, 2002. This provision increases the surface transportation

projects appropriation under section 330 by $4,300,000, and reduces section 349 by an equivalent amount. Of the funds provided,

$300,000 is for the US–61 Woodville widening project in Mississippi and $4,000,000 is for the City of Renton/Port Quendall

interstate maintenance project in Washington. The Senate proposed making these technical corrections by funding these projects

within the Federal Highway Administration’s obligation limitation.

The House proposed no similar provision.

The conference agreement amends bill language contained in

the Department of Transportation and Related Agencies Appropriations Act, 2002 for the salaries and expenses of political and Presidential appointees and prohibits funding for certain positions.

The conference agreement includes a provision that relates to

the participation of the state of Texas in the state infrastructure

bank pilot program.

The conference agreement deletes the provision in title II of division E of the Senate bill which would have required certain procedures regarding labor integration issues relating to the combination of commercial air carriers.

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CHAPTER 12

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

The conferees agree to provide $2,032,000 as proposed by both

the House and the Senate.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

The conferees agree to provide $1,700,000 as proposed by both

the House and the Senate.

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

The conferees agree to provide $23,000,000 instead of

$23,231,000 as proposed by the House and $22,846,000 as proposed

by the Senate. Of this amount, $9,154,000 is provided for training

costs associated with new hiring by law enforcement agencies.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED

EXPENSES

The conferees agree to provide $8,500,000 as proposed by the

House instead of no funding as proposed by the Senate.

FINANCIAL MANAGEMENT SERVICE

SALARIES AND EXPENSES

The conferees agree to provide no funding as proposed by the

House instead of $600,000 as proposed by the Senate.

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

The conferees agree to provide $31,431,000 as proposed by both

the House and the Senate.

UNITED STATES CUSTOMS SERVICE

SALARIES AND EXPENSES

The conferees agree to provide $392,603,000 instead of

$301,759,000 as proposed by the House and $292,603,000 as proposed by the Senate. This fully funds the President’s request, and

includes additional funding as follows: $245,503,000 for staffing

and inspection and investigative technology for borders and critical

seaports of entry, to include not less than $10,000,000 for the

Southwest Border; $18,300,000 for a commercial backup data facility; and $21,300,000 to support overseas initiatives to counter

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money laundering such as that used to finance terrorist or criminal

activity.

This funding addresses shortages in critical law enforcement

staffing and technology investments. To ensure the optimum impact on current vulnerabilities, the conferees direct that the

$245,503,000 for border and seaport security shall not be available

until 15 days after the Customs Service submits to the Committees

on Appropriations and the Secretary of the Treasury a financial

plan based upon a comprehensive assessment of the most effective

uses of the Service’s resources, including the funds provided in this

Act, for protection along the Northern Border, Southwest Border,

and at critical seaports. The Secretary is directed to review the

plan and, within 15 days of its receipt, notify the Committees of his

findings.

The conferees direct that this detailed plan address the use of

Customs Service resources for the Northern Border, Southwest

Border, critical seaports, and other ports of entry that present a potential security risk. The financial plan shall include a revised

breakout of fiscal year 2002 funding by object class, and by programmatic category, to reflect the application of funding provided

through this Act, and should be consistent with the materials submitted with the President’s fiscal year 2003 budget request. Any

changes in funding levels that exceed the thresholds for reprogramming set forth in the fiscal year 2002 Appropriations Act for the

Department of the Treasury will require advance approval by the

Committees, as set forth in the reprogramming guidelines.

OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE

INTERDICTION PROGRAMS

The conferees agree to provide $6,700,000 as proposed by both

the House and the Senate.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

The conferees agree to provide $12,990,000 instead of no funding as proposed by the House and $16,658,000 as proposed by the

Senate. These funds are to address the highest priority security

and response needs of the program.

TAX LAW ENFORCEMENT

The conferees agree to provide $4,544,000 as proposed by both

the House and the Senate.

INFORMATION SYSTEMS

The conferees agree to provide $15,991,000 as proposed by the

Senate instead of no funding as proposed by the House. The conferees acknowledge the need to adequately provide backup for the

recovery of IRS computer systems and include a provision to ensure

that the design and construction of the backup system to closely coordinated with the major IRS business systems modernization effort that is underway. The conferees expect the backup system to

be completely compatible with all new computer systems.

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UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

The conferees agree to provide $104,769,000 as proposed by

both the House and the Senate.

POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

The conferees agree to provide $500,000,000 for emergency expenses of the Postal Service instead of $600,000,000 as proposed by

the Senate and no funding as proposed by the House. The conferees

agree that these funds shall be obligated for the purpose of protecting postal employees and postal customers from exposure to

biohazards material, to sanitize and screen mail, and to replace or

repair Postal Service facilities destroyed or damaged in New Your

City as a result of the September 11, 2001, terrorist attacks. The

conferees note that the Postal Service has not received a direct appropriation for operations for nearly two decades. Nonetheless, the

conferees acknowledge the extraordinary circumstances surrounding biohazardous material in the mail and have provided this

emergency supplemental appropriation to address these specific security concerns. In providing these emergency funds, the conferees

do not intend to set a precedent for operational subsidies of the

Postal Service. The conferees continue to support current law requirements that the Postal Service operate on a self-sustaining

basis.

The conferees are aware that the recent incidents of anthrax

in the mail pose both technology-based and process-based challenges for the Postal Service; the conferees commend the Postal

Service for its on-going efforts and are pleased with the progress

made to date. The conferees further believe that additional actions

taken by the Postal Service should be based on a comprehensive

emergency preparedness plan and, of the funds provided, have

withheld from obligation funds for sanitizing and screening the

mail until the Postal Service submits such a plan to the Committees on Appropriations, the House Committee on Government Reform and the Senate Committee on Governmental Affairs.

As part of its emergency preparedness plan, the conferees expect the Postal Service to include an assessment of threats to the

health and safety of employees and customers of the Postal Service

and the integrity of the mail; testing and evaluating the options for

detecting and/or addressing those threats, including both technology-based and process-based options; a comparison of the costs

and benefits of options under consideration; an evaluation of the

strengths and weaknesses of the technologies under consideration

for mail sanitization, including an analysis of risks to human

health and safety and to mail products associated with each of

those technologies; and a timetable for implementing the options

selected.

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EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

The conferees agree to provide $50,040,000 for emergency expenses of the Office of Administration, as proposed by the Senate

instead of no funding as proposed by the House. The conferees are

concerned by the lack of detail and background submitted by the

Office of Administration in support of emergency appropriations for

the Executive Office of the President and, more specifically, by limitations in cost estimates for various projects. Although the conferees are aware that many of the cost estimates were prepared in

rapid response to the events of September 11, 2001, the conferees

are concerned that estimates for some projects may have changed

by as much as 250 percent. For instance, while original estimates

for building modifications and communication installation activities

for the Office of Homeland Security were $2,000,000, the conferees

understand that the cost of this project may now be closer to

$7,000,000. The conferees have fully funded the President’s request

for emergency expenses of the Office of Administration, for the specific projects, and in the specific amounts requested, as follows:

EOP estimated obligations

[Dollars in thousands]

Move Related (less IT):

Sensitive Compartmentalized Information Facility ..................... $3,500

Telecommunciations Costs ............................................................. 3,000

Move and Facilities Cost ................................................................ 2,500

Systems Furniture .......................................................................... 2,500

Office Rent ...................................................................................... 1,903

Additional 20 FTE .......................................................................... 1,325

Space Renovation ............................................................................ 1,000

Second Print Shop .......................................................................... 1,000

Overtime .......................................................................................... 500

Additional Copiers and Fax Machines (including maintenance) 110

Additional Safes and Shredders .................................................... 75

Subtotal—Move Related ............................................................. 17,413

Information Technology:

Enhance Information Technology Reliability ............................... 15,000

Additional IT Intrusion Security ................................................... 3,000

EOP-Wide Teleconferencing Capability ........................................ 3,000

Information Security ...................................................................... 700

Anti-Hacking Software ................................................................... 400

Dedicated Technician Support ....................................................... 350

Network Components ..................................................................... 61

Subtotal—Information Technology ............................................ 22,511

Emergency Response:

Air Quality, Building Modifications and Communications Installs, Backup Power, and Voice Announcers ........................... 8,019

Subtotal—Emergency Response ................................................. 8,019

Uncategorized Misc.:

Enhance Telecommunications ....................................................... 1,000

Additional White House Operators (10) ....................................... 600

Reorganization of RDS Warehouse ............................................... 250

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EOP estimated obligations—Continued

Temporary Data Entry Personnel in WHO Correspondence ...... 164

Paper ............................................................................................... 44

Catridges and Copier Supplies ...................................................... 20

General Office Supplies .................................................................. 20

Subtotal—Uncategorized Misc ................................................... 2,098

In the event that there are deviations from these line items,

the conferees direct the Office of Administration to follow the appropriate reprogramming and transfer guidelines, as included in

the joint explanatory statement accompanying the fiscal year 2002

conference report for the Treasury and General Government Appropriations Act, 2002. In particular, the conferees note the requirement that a reprogramming request must be submitted for any action where funds earmarked for a specific activity are proposed to

be used for a different activity. Finally, the conferees expect the Office of Administration to fully coordinate the implementation of

these, and any future, security changes with the General Services

Administration, the Secret Service, the White House Military Office, and other Executive Office of the President offices and agencies.

INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

The conferees agree to provide $126,512,000, instead of

$126,500,000 as proposed by the Senate and $87,360,000 as proposed by the House. Within this amount, full funding is provided

for the requested replacement space costs and security costs in

New York and Washington, D.C. The conferees understand that

sufficient funding has been provided elsewhere for relocation costs

in Washington, D.C., and do not include any funding for that purpose in this account. The conferees strongly encourage the General

Services Administration to allocate that portion of the funds provided to meet nationwide security needs in a way that addresses

the greatest threats, risks, and vulnerabilities on a national basis

regardless of regional boundaries.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

The conferees agree to provide $1,600,000 instead of no funding as proposed by the House and $4,818,000 as proposed by the

Senate. Within this amount the conferees have provided full funding for the requested increases in security operating expenses at

Archives I and Archives II and direct that the balance of the funds

be used to address the greatest security concerns of the Presidential libraries.

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REPAIRS AND RESTORATION

The conferees agree to provide $1,000,000 instead of no funding as proposed by the House and $2,180,000 as proposed by the

Senate. Within this amount the conferees have provided full funding for the requested increases in security repairs and restoration

expenses at Archives I and Archives II and direct that the balance

of the funds be used to address the greatest security concerns of

the Presidential libraries.

GENERAL PROVISION, THIS CHAPTER

The conferees agree not to include Section 1101 as proposed by

the Senate regarding telecommunications access.

Sec. 1201. The conferees agree to include a technical amendment to the ‘‘9/11 Heroes Stamp Act of 2001’’, as proposed by the

Senate in Division D.

CHAPTER 13

DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

The conferees recommend $2,000,000 in general operating expenses as proposed by the House for a comprehensive security evaluation of the VA which should include and consider security actions and recommendations implemented by other Federal, State

and local government agencies. The Senate included funds for similar purposes under construction, major projects.

None of these funds may be used to create a new Office of Operations and Preparedness as the Department has not provided

specific information on the creation of such office.

CONSTRUCTION, MAJOR PROJECTS

The conferees have not provided funds in this account for security evaluations as proposed by the Senate but instead included

funding under general operating expenses as proposed by the

House.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

The conference agreement includes $2,000,000,000 from funds

appropriated in Public Law 107–38 for economic recovery assistance for affected areas in New York City as proposed by the Senate, instead of $1,875,000,000 as proposed by the House.

The conference agreement includes language designating

$10,000,000 for a program to aid the travel and tourism industry

in New York City as proposed by the House.

Modified language is included, similar to language proposed by

the Senate, requiring the Lower Manhattan Redevelopment CorVerDate 11-MAY-2000 02:37 Jan 03, 2002 Jkt 076736 PO 00000 Frm 00459 Fmt 6601 Sfmt 6601 E:\HR\OC\HR350.XXX pfrm04 PsN: HR350
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poration to develop criteria and process applications for the distribution of funds made available under Community Development

Fund from funds provided in Public Law 107–38. Modified language is also included, similar to language proposed by the Senate,

requiring the corporation to process expeditiously applications for

assistance. The conferees expect the corporation to make every effort to respond to applications from individuals, nonprofits and

small businesses for economic losses within 45 days of submission

of an application.

Modified language is also included, similar to language proposed by the Senate, designating not less than $500,000,000 of the

$2,700,000,000 made available for the Community Development

Fund from amounts provided in Public Law 107–38 for assistance

to individuals, nonprofits and small businesses located on or south

of 14th Street, with a limitation of $500,000 per small businesses.

The conferees adopt the language included in the Senate report

related to semi-annual audits by the Inspector General of the Department of Housing and Urban Development. In lieu of the requirement in the Senate report related to reports related to disposition of claims, the conferees instead direct the Department of Housing and Urban Development to provide quarterly reports to the

Committees on Appropriations on the obligation and expenditure of

these funds.

The conferees recognize the unique benefits the New York

Board of Trade (NYBOT) brings to the economy of the City of New

York, as well as to the country. In this regard, the conferees

strongly encourage the Corporation to consider the needs of the

NYBOT as it allocates assistance provided from the Community

Development Fund.

MANAGEMENT AND ADMINISTRATION

OFFICE OF INSPECTOR GENERAL

The conference agreement includes $1,000,000 from funds appropriated in Public Law 107–38 to replace office and investigative

equipment damaged in the terrorist attacks, as proposed by both

the House and Senate.

INDEPENDENT AGENCIES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

Provides $10,500,000 for the National Institute of Environmental Health Sciences (NIEHS) as proposed by the House and the

Senate. Bill language has been adopted by the conferees which

clarifies that funds may be used for all NIEHS research and worker training programs as authorized by law. Bill language has also

been included amending Public Law 107–73 to clarify the intent of

Congress with respect to funds provided for NIEHS for fiscal year

2002.

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ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

Provides $90,308,000 for science and technology instead of

$10,000,000 as proposed by the House and $41,514,000 as proposed

by the Senate. Funds are intended to be used to assess and improve building security at EPA laboratory sites as well as perform

drinking water vulnerability assessments, and anthrax decontamination activities.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

Provides $39,000,000 for environmental program and management instead of $140,360,000 as proposed by the House and

$38,194,000 as proposed by the Senate. The conferees have provided funds necessary to assess and improve building security at

EPA sites, pay for the temporary relocation and other costs for

EPA’s Region 2 office, provide technical materials and contingency

planning manuals for wastewater treatment plants, pay for anthrax decontamination activities, and assume additional personnel

costs associated with EPA’s increased responsibilities in criminal

investigations and enforcement actions related to bioterrorism and

other counterterrorism activities. The conferees recognize and acknowledge that the hiring of additional employees will increase the

Agency-wide FTE level. The conferees also recognize that additional Agency-wide requirements to respond to the terrorist attacks

of September 11, 2001 as well as subsequent counterterrorism activities will result in increased travel costs of the Agency. In this

regard, the conferees agree that the travel ceiling assumed as part

of the fiscal year 2002 appropriation is no longer valid, and requests the Agency to provide a quarterly letter detailing the variance in travel relative to the 2002 budget submission.

HAZARDOUS SUBSTANCE SUPERFUND

Provides $41,292,000 for hazardous substance superfund as

proposed by the Senate instead of $5,800,000 as proposed by the

House. The conferees agree that funds will provide for a new West

Coast ‘‘Immediate Response Team’’, pay for the temporary relocation and other costs for EPA’s Region 2 office, pay for anthrax decontamination activities, and provide for personnel, training, equipment, and planning related to increased responsibilities in responding to terrorism and counterterrorism activities. The conferees note

that in addition to funds provided for future such activities by

EPA, funds provided herein are also intended to reimburse expenses of the Agency incurred while assisting anthrax investigations and cleanup actions at the United States Capitol and Congressional office building complex, the Brentwood and other United

States Post Office locations, and other such work performed prior

to enactment of this Act.

STATE AND TRIBAL ASSISTANCE GRANTS

Provides $5,000,000 for state and tribal assistance grants as

proposed by the House and the Senate. Funds are provided for

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State grants for counterterrorism coordinators to work with EPA

and drinking water utilities in assessing drinking water safety.

Bill language has been included making technical corrections

for two targeted water and wastewater grants provided in previous

appropriations Acts.

The conferees note that the cost-share requirement for a National Community Decentralized Demonstration project in Missouri, provided under this heading in Public Law 107–73 (item

number 173), should be the same as that required for the previous

six such demonstration projects approved in fiscal years 1999 and

2000.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

The conferees agree to provide $4,356,871,000 for disaster relief to fund additional efforts in response to the September 11, 2001

terrorist attacks. The amount provided includes $10,000,000 for expenses related to traffic control and detours in New York City and

for the repair and reconstruction of non-Federal-aid-eligible highways destroyed or damaged by the collapse of the World Trade

Center buildings.

The conferees are concerned that there may be some gaps in

assistance to those affected by the terrorist attacks on September

11, 2001. The conferees have been informed by FEMA that all firefighters, law enforcement personnel, emergency medical personnel,

and victims of this incident will be compensated through FEMA or

other federal programs. FEMA has indicated in writing that they

are unaware of any gaps in assistance with respect to the terrorism

attacks. FEMA is expected to provide funding for all eligible recipients in an expeditious manner.

SALARIES AND EXPENSES

Provides $25,000,000 for salaries and expenses instead of $30,000,000 as proposed by the House and $20,000,000 as proposed

by the Senate. The amount provided includes $10,000,000 for the

national security division. The conferees are concerned about the

continuing lack of information regarding a new Office of National

Preparedness within FEMA and agree, that while a portion of the

funding provided by this appropriation may be used to establish

the Office, FEMA must inform the Congress of the structure, responsibilities, and roles of this new Office, with particular emphasis on its relationships to the Office of Homeland Security and the

Department of Justice. Therefore, the conferees direct FEMA to report to the Committees on Appropriations by February 15, 2002 on

the structure of the Office of National Preparedness, including a

staffing plan, and its duties and functions in relation to other agencies involved in Homeland security.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

Provides $220,000,000 for emergency planning and assistance,

instead of $290,000,000 as proposed by the Senate and $35,000,000

as proposed by the House. Of the amount provided, $21,000,000

shall be used to carry out the fire grants program as authorized by

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the Federal Fire Prevention and Control Act of 1974, as amended

by Public Law 106–398. The conferees have included bill language

which provides that up to 5 percent of the funds may be transferred to salaries and expenses for administrative costs associated

with this program. In addition $10,000,000 is to be used for enhancement of FEMA’s ability to support the 2002 Winter Olympics.

Within 90 days of enactment of this Act, the Director of the

Federal Emergency Management Agency (FEMA) shall submit to

the Director of the Office of Homeland Security and to the Congress a report which shall include:

(1) a complete accounting of all emergency and terrorism preparedness training courses offered by FEMA and all departments

and agencies of the federal government;

(2) a discussion of the effectiveness of those courses, the possible consolidation of all federal emergency and terrorism preparedness training courses, the adequacy of federal training courses in

the area of chemical and biological weapons, and training models

used in the private sector that the Director considers as being representative of the best safety and security practices, particularly

relating to the aftermath of a chemical or biological attack.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

HUMAN SPACE FLIGHT

The conferees have agreed to provide $76,000,000 for human space flight instead of $81,000,000 as proposed by the House and

$64,500,000 as proposed by the Senate. The amount provided includes $8,000,000 for information security, $60,000,000 for security

and counterintelligence, and $5,000,000 for communications capabilities. An additional $3,000,000 is provided for enhanced radar

capability (TPS–75 mobile radar system) to provide low-altitude

coverage for security needs at the Kennedy Space Center.

SCIENCE, AERONAUTICS AND TECHNOLOGY

The conferees agree to provide $32,500,000 for science, aero- nautics and technology, instead of $36,500,000 as proposed by the

House and $28,600,000 as proposed by the Senate. The amount

provided includes $12,000,000 for information security, $15,000,000

for security and counterintelligence and $5,500,000 for communications capability.

OFFICE OF SECURITY

In August 2001, NASA established the Office of Security Management and Safeguards under the direction of an Associate Administrator reporting directly to the NASA Administrator. The Associate Administrator for Security Management and Safeguards is

the senior security and counterintelligence advisor to the NASA

Administrator, with ultimate authority for NASA-wide security and

counterintelligence operations, processes, functions, and activities,

as well as administrative authority over NASA security funds. The

conferees support the establishment of the Office of Security Management and Safeguards, and the full authority of this Office over

Agency-wide security and counterintelligence activities and funding. Furthermore, the conferees agree with direction included in

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the Senate Report that NASA shall identify funding from within

available Agency resources to provide for approximately 35 additional FTE to staff the Office of Security Management and Safeguards at NASA Headquarters and at NASA’s field Centers. The

conferees also agree that responsibilities of the NASA Office of Security Management and Safeguards shall in no way prevent the Office of Inspector General from conducting its lawful investigative

activities, including investigations into cyber crime. Further, the

conferees expect that the Office of Security Management and Safeguards and the Office of the Inspector General will continue to

share counter-intelligence and intelligence threat information concerning NASA information technology networks as it pertains to

cyber-based threats to NASA.

OFFICE OF INSPECTOR GENERAL

The conferees have not included any additional funding for the

Office of Inspector General. The House had proposed an increase

of $3,000,000 and the Senate had proposed no additional funding.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

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

GENERAL PROVISIONS, THIS CHAPTER

Retains language proposed by the Senate authorizing the

Points of Light Foundation to name community service projects

after individual victims of the September 11, 2001 attacks and create a website and database to catalogue such projects. No federal

funds are to be used for these activities. The House did not include

a similar provision.

Retains language proposed by the Senate authorizing the Cook

Inlet Housing Authority to use the previously appropriated funds

for a tribal student housing project. The House did not include a

similar provision.

The conference agreement includes modified language, similar

to language proposed by the Senate, making available up to

$11,300,000 for obligations under section 514 of the Multifamily

Assisted Housing Reform and Affordability Act (MAHRAA). Of this

amount, up to $1,300,000 in fiscal year 2002 funds is authorized

to be used to reimburse vouchers submitted by section 514 grantees

through October 15, 2001 for prior year commitments which were

probable violations of the Anti-Deficiency Act (ADA). The conferees

note that the Department of Housing and Urban Development has

yet to provide sufficient information to the Committees on Appropriations related to violations of the ADA related to section 514

grants. The conferees expect the Department to investigate fully

this matter and provide the necessary notifications to the President

and the Congress in accordance with the requirements set forth in

the Anti-Deficiency Act and Office of Management and Budget Circular A–34. Pending conclusion of the investigation and notification

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requirements, the Department is authorized to use a portion of the

$10,000,000 provided in fiscal year 2002 for new grant awards to

reimburse grantees for activities completed pursuant to prior year

grant agreements. Should the Department use funds for this purpose, the amount made available for new grant awards shall be reduced accordingly. The conferees direct the Secretary of the Department of Housing and Urban Development to provide bimonthly

reports to the Committees on Appropriations on the status of technical assistance funds spent under section 514 of MAHRAA, including the status of the investigation of probable ADA violations, a

spending plan for the $11,300,000 made available under this section, and the status and findings of audits conducted by the Inspector General, with the first report due no later than January 15,

2002.

Modified language is also included earmarking $1,500,000 from

funds provided to the Office of General Counsel and the Office of

Multifamily Housing Assistance Restructuring to be used for section 514 technical assistance grants, similar to language proposed

by the Senate.

New language is included clarifying that the authorization to

use funds to rectify a violation of the Anti-Deficiency Act in no way

releases an officer or employees from the requirements set forth

pursuant to the Act.

Inserts language making several technical corrections to economic development initiatives under the heading ‘‘Community Development Fund’’ in Public Law 107–73.

CHAPTER 14

GENERAL PROVISIONS

The conference agreement includes section 1401, as proposed

by the Senate, which states that amounts obligated pursuant to

this division are subject to the terms and conditions provided in

Public Law 107–38. The House had no similar provision.

The conference agreement includes section 1402, as proposed

by the House and the Senate, concerning availability of funds appropriated within this division.

The conference agreement includes section 1403 concerning

transfer authority for national guard expenses for services related

to homeland security. Each request for transfer shall include a declaration that, as of the date of the request, none of the funds proposed for transfer have been obligated, and none will be obligated,

until the Committees on Appropriations have approved the request.

DIVISION C—SPENDING LIMITS AND BUDGETARY

ALLOCATIONS FOR FISCAL YEAR 2002

The conference agreement includes, as division C, budgetary

provisions that are necessary to conform existing budget law with

final appropriations agreements. Section 101 adjusts the fiscal year

2002 discretionary caps in the Balanced Budget and Emergency

Deficit Control Act of 1985 to levels consistent with final appropriations action. This section also provides for conforming adjustments

to the fiscal year 2002 budget resolution, and includes a small

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budget authority allowance for technical scoring differences that

may exist between the Office of Management and Budget and the

Congressional Budget Office. Section 102 resets the Pay-As-You-Go

scorecard to zero.

DIVISION D—MISCELLANEOUS PROVISIONS

The conference agreement modifies a provision, proposed by

the Senate in Division E, related to certain real property in South

Dakota. The House bill contained no similar provision.

The conference agreement includes the text of a provision, proposed by the Senate in Division E, Title II, section 201, which expands the number of Trustees of the John F. Kennedy Center for

the Performing Arts. The House had no similar provision.

DIVISION A

The total new budget (obligational) authority for the fiscal year

2002 recommended by the Committee of Conference, with comparisons to the fiscal year 2001 amount, the 2002 budget estimates,

and the House and Senate bills for 2002 follow:

[In thousands of dollars]

New budget (obligational) authority, fiscal year 2001 ........................ $298,515,154

Budget estimates of new (obligational) authority, fiscal year 2002 319,547,116

House bill, fiscal year 2002 ................................................................... 317,624,089

Senate bill, fiscal year 2002 .................................................................. 317,623,483

Conference agreement, fiscal year 2002 .............................................. 317,623,747

Conference agreement compared with:

New budget (obligational) authority, fiscal year 2001 ................ +19,108,593

Budget estimates of new (obligational) authority, fiscal year

2002 .............................................................................................. ¥1,923,369

House bill, fiscal year 2002 ............................................................ ¥342

Senate bill, fiscal year 2002 ........................................................... +264

DIVISION B

The total new budget (obligational) authority for the fiscal year

2002 recommended by the Committee of Conference, with comparisons to the fiscal year 2002 budget estimates, and the House and

Senate bills for 2002 follow:

[In thousands of dollars]

Budget estimates of new (obligational) authority, fiscal year 2002 $20,000,000

House bill, fiscal year 2002 ................................................................... 20,000,000

Senate bill, fiscal year 2002 .................................................................. 20,000,000

Conference agreement, fiscal year 2002 .............................................. 20,000,000

Conference agreement compared with:

Budget estimates of new (obligational) authority, fiscal year

2002 ..............................................................................................

House bill, fiscal year 2002 ............................................................

Senate bill, fiscal year 2002 ...........................................................

For consideration of Division A of the House bill and Division A of the Senate amendment, and modifications committed to conference:

JERRY LEWIS,

BILL YOUNG,

JOE SKEEN,

DAVE HOBSON,

HENRY BONILLA,

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GEORGE R. NETHERCUTT, Jr.,

RANDY ‘‘DUKE’’ CUNNINGHAM, RODNEY P. FRELINGHUYSEN, TODD TIAHRT, JOHN P. MURTHA, NORMAN D. DICKS, MARTIN OLAV SABO, PETER J. VISCLOSKY, JAMES P. MORAN, DAVID R. OBEY

(except for aircraft leasing),

For consideration of all other matters of the House bill and

other matters of the Senate amendment, and modifications

committed to conference:

BILL YOUNG, JERRY LEWIS, DAVID OBEY, Managers on the Part of the House.

DANIEL K. INOUYE,

ERNEST F. HOLLINGS,

ROBERT C. BYRD,

PATRICK J. LEAHY,

TOM HARKIN,

BYRON L. DORGAN,

RICHARD J. DURBIN,

HARRY REID,

DIANNE FEINSTEIN,

HERB KOHL,

TED STEVENS,

THAD COCHRAN,

ARLEN SPECTER,

PETE DOMENICI,

CHRISTOPHER BOND,

MITCH MCCONNELL,

RICHARD C. SHELBY,

JUDD GREGG,

KAY BAILEY HUTCHISON,

Managers on the Part of the Senate.

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