PUBLIC LAW 107–117—JAN. 10, 2002

DEPARTMENT OF DEFENSE AND

EMERGENCY SUPPLEMENTAL

APPROPRIATIONS FOR RECOVERY FROM AND

RESPONSE TO TERRORIST ATTACKS ON THE

UNITED STATES ACT, 2002

115 STAT. 2230 PUBLIC LAW 107–117—JAN. 10, 2002

Public Law 107–117

107th Congress

An Act

Making appropriations for the Department of Defense for the fiscal year ending

September 30, 2002, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

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

not otherwise appropriated, for the fiscal year ending September

30, 2002, for military functions administered by the Department

of Defense, and for other purposes, namely:

DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS,

2002

TITLE I

MILITARY PERSONNEL

MILITARY PERSONNEL, ARMY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel

(including all expenses thereof for organizational movements), and

expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members

of reserve components provided for elsewhere), cadets, and aviation

cadets; and for payments pursuant to section 156 of Public Law

97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $23,752,384,000.

MILITARY PERSONNEL, NAVY

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel

(including all expenses thereof for organizational movements), and

expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members

of the Reserve provided for elsewhere), midshipmen, and aviation

cadets; and for payments pursuant to section 156 of Public Law

97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $19,551,484,000.

MILITARY PERSONNEL, MARINE CORPS

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel

Department of

Defense

Appropriations

Act, 2002.

Department of

Defense and

Emergency

Supplemental

Appropriations

for Recovery from

and Response to

Terrorist Attacks

on the United

States Act, 2002.

Jan. 10, 2002

[H.R. 3338]

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2231

(including all expenses thereof for organizational movements), and

expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except

members of the Reserve provided for elsewhere); and for payments

pursuant to section 156 of Public Law 97–377, as amended (42

U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $7,345,340,000.

MILITARY PERSONNEL, AIR FORCE

For pay, allowances, individual clothing, subsistence, interest

on deposits, gratuities, permanent change of station travel

(including all expenses thereof for organizational movements), and

expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members

of reserve components provided for elsewhere), cadets, and aviation

cadets; and for payments pursuant to section 156 of Public Law

97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $19,724,014,000.

RESERVE PERSONNEL, ARMY

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

and related expenses for personnel of the Army Reserve on active

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

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

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

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

or while undergoing reserve training, or while performing drills

or equivalent duty or other duty, and for members of the Reserve

Officers’ Training Corps, and expenses authorized by section 16131

of title 10, United States Code; and for payments to the Department

of Defense Military Retirement Fund, $2,670,197,000.

RESERVE PERSONNEL, NAVY

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

and related expenses for personnel of the Navy Reserve on active

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

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

States Code, in connection with performing duty specified in section

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

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

members of the Reserve Officers’ Training Corps, and expenses

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

for payments to the Department of Defense Military Retirement

Fund, $1,654,523,000.

RESERVE PERSONNEL, MARINE CORPS

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

and related expenses for personnel of the Marine Corps Reserve

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

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

10, United States Code, in connection with performing duty specified

in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent

duty, and for members of the Marine Corps platoon leaders class,

115 STAT. 2232 PUBLIC LAW 107–117—JAN. 10, 2002

and expenses authorized by section 16131 of title 10, United States

Code; and for payments to the Department of Defense Military

Retirement Fund, $471,200,000.

RESERVE PERSONNEL, AIR FORCE

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

and related expenses for personnel of the Air Force Reserve on

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

United States Code, or while serving on active duty under section

12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States

Code, or while undergoing reserve training, or while performing

drills or equivalent duty or other duty, and for members of the

Air Reserve Officers’ Training Corps, and expenses authorized by

section 16131 of title 10, United States Code; and for payments

to the Department of Defense Military Retirement Fund,

$1,061,160,000.

NATIONAL GUARD PERSONNEL, ARMY

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

and related expenses for personnel of the Army National Guard

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

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

on duty under section 12301(d) of title 10 or section 502(f) of

title 32, United States Code, in connection with performing duty

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

while undergoing training, or while performing drills or equivalent

duty or other duty, and expenses authorized by section 16131 of

title 10, United States Code; and for payments to the Department

of Defense Military Retirement Fund, $4,041,695,000.

NATIONAL GUARD PERSONNEL, AIR FORCE

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

and related expenses for personnel of the Air National Guard on

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

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

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

United States Code, in connection with performing duty specified

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

other duty, and expenses authorized by section 16131 of title 10,

United States Code; and for payments to the Department of Defense

Military Retirement Fund, $1,784,654,000.

TITLE II

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Army, as authorized by law;

and not to exceed $10,794,000 can be used for emergencies and

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2233

extraordinary expenses, to be expended on the approval or authority

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

his certificate of necessity for confidential military purposes,

$22,335,074,000: Provided, That of the funds made available under

this heading, $1,000,000, to remain available until expended, shall

be transferred to ‘‘National Park Service—Construction’’ within 30

days of the enactment of this Act, only for necessary infrastructure

repair improvements at Fort Baker, under the management of

the Golden Gate Recreation Area: Provided further, That of the

funds appropriated in this paragraph, not less than $355,000,000

shall be made available only for conventional ammunition care

and maintenance.

OPERATION AND MAINTENANCE, NAVY

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Navy and the Marine Corps,

as authorized by law; and not to exceed $6,000,000 can be used

for emergencies and extraordinary expenses, to be expended on

the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential

military purposes, $26,876,636,000.

OPERATION AND MAINTENANCE, MARINE CORPS

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Marine Corps, as authorized

by law, $2,931,934,000.

OPERATION AND MAINTENANCE, AIR FORCE

For expenses, not otherwise provided for, necessary for the

operation and maintenance of the Air Force, as authorized by law;

and not to exceed $7,998,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority

of the Secretary of the Air Force, and payments may be made

on his certificate of necessity for confidential military purposes,

$26,026,789,000: Provided, That notwithstanding any other provision of law, that of the funds available under this heading, $750,000

shall only be available to the Secretary of the Air Force for a

grant to Florida Memorial College for the purpose of funding

minority aviation training.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses, not otherwise provided for, necessary for the

operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $12,773,270,000, of which not to exceed $25,000,000

may be available for the CINC initiative fund account; and of

which not to exceed $33,500,000 can be used for emergencies and

extraordinary expenses, to be expended on the approval or authority

of the Secretary of Defense, and payments may be made on his

certificate of necessity for confidential military purposes: Provided,

That notwithstanding any other provision of law, of the funds

provided in this Act for Civil Military programs under this heading,

$750,000 shall be available for a grant for Outdoor Odyssey, Roaring

115 STAT. 2234 PUBLIC LAW 107–117—JAN. 10, 2002

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 para- graph, $1,000,000 shall be available only for continuation of the

Middle East Regional Security Issues program: Provided further,

That none of the funds appropriated or otherwise made available

by this Act may be used to plan or implement the consolidation

of a budget or appropriations liaison office of the Office of the

Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces

into a legislative affairs or legislative liaison office.

OPERATION AND MAINTENANCE, ARMY RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

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

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

OPERATION AND MAINTENANCE, NAVY RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;

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

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

OPERATION AND MAINTENANCE, MARINE CORPS RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Marine Corps Reserve; repair of facilities

and equipment; hire of passenger motor vehicles; travel and

transportation; care of the dead; recruiting; procurement of services,

supplies, and equipment; and communications, $144,023,000.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

For expenses, not otherwise provided for, necessary for the

operation and maintenance, including training, organization, and

administration, of the Air Force Reserve; repair of facilities and

equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,024,866,000.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

For expenses of training, organizing, and administering the

Army National Guard, including medical and hospital treatment

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

motor vehicles; personnel services in the National Guard Bureau;

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

Army personnel on active duty, for Army National Guard division,

regimental, and battalion commanders while inspecting units in

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2235

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying

and equipping the Army National Guard as authorized by law;

and expenses of repair, modification, maintenance, and issue of

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

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

For operation and maintenance of the Air National Guard,

including medical and hospital treatment and related expenses

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

necessary expenses of facilities for the training and administration

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

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

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

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

and equipment, including such as may be furnished from stocks

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

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

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

for Air National Guard commanders while inspecting units in

compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau,

$3,988,961,000.

OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

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

available until expended: Provided, That the Secretary of Defense

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

Health Program appropriation; procurement accounts; research,

development, test and evaluation accounts; and to working capital

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

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

same time period, as the appropriation to which transferred: Provided further, That upon a determination that all or part of the

funds transferred from this appropriation are not necessary for

the purposes provided herein, such amounts may be transferred

back to this appropriation: Provided further, That the transfer

authority provided in this paragraph is in addition to any other

transfer authority contained elsewhere in this Act.

UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES

For salaries and expenses necessary for the United States

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

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

115 STAT. 2236 PUBLIC LAW 107–117—JAN. 10, 2002

ENVIRONMENTAL RESTORATION, ARMY

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $389,800,000, to remain

available until transferred: Provided, That the Secretary of the

Army shall, upon determining that such funds are required for

environmental restoration, reduction and recycling of hazardous

waste, removal of unsafe buildings and debris of the Department

of the Army, or for similar purposes, transfer the funds made

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

be available for the same purposes and for the same time period

as the appropriations to which transferred: Provided further, That

upon a determination that all or part of the funds transferred

from this appropriation are not necessary for the purposes provided

herein, such amounts may be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, NAVY

(INCLUDING TRANSFER OF FUNDS)

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

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

removal of unsafe buildings and debris of the Department of the

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

by this appropriation to other appropriations made available to

the Department of the Navy, to be merged with and to be available

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

amounts may be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

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

available until transferred: Provided, That the Secretary of the

Air Force shall, upon determining that such funds are required

for environmental restoration, reduction and recycling of hazardous

waste, removal of unsafe buildings and debris of the Department

of the Air Force, or for similar purposes, transfer the funds made

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

to be available for the same purposes and for the same time period

as the appropriations to which transferred: Provided further, That

upon a determination that all or part of the funds transferred

from this appropriation are not necessary for the purposes provided

herein, such amounts may be transferred back to this appropriation.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2237

ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

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

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

removal of unsafe buildings and debris of the Department of

Defense, or for similar purposes, transfer the funds made available

by this appropriation to other appropriations made available to

the Department of Defense, to be merged with and to be available

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

amounts may be transferred back to this appropriation.

ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

(INCLUDING TRANSFER OF FUNDS)

For the Department of the Army, $222,255,000, to remain

available until transferred: Provided, That the Secretary of the

Army shall, upon determining that such funds are required for

environmental restoration, reduction and recycling of hazardous

waste, removal of unsafe buildings and debris at sites formerly

used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available

to the Department of the Army, to be merged with and to be

available for the same purposes and for the same time period

as the appropriations to which transferred: Provided further, That

upon a determination that all or part of the funds transferred

from this appropriation are not necessary for the purposes provided

herein, such amounts may be transferred back to this appropriation.

OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

For expenses relating to the Overseas Humanitarian, Disaster,

and Civic Aid programs of the Department of Defense (consisting

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

2551 of title 10, United States Code), $49,700,000, to remain available until September 30, 2003.

SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE

For logistical and security support for international sporting

competitions (including pay and non-travel related allowances only

for members of the Reserve Components of the Armed Forces of

the United States called or ordered to active duty in connection

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

expended.

115 STAT. 2238 PUBLIC LAW 107–117—JAN. 10, 2002

TITLE III

PROCUREMENT

AIRCRAFT PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, ground

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

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

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

remain available for obligation until September 30, 2004.

MISSILE PROCUREMENT, ARMY

For construction, procurement, production, modification, and

modernization of missiles, equipment, including ordnance, ground

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

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

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

remain available for obligation until September 30, 2004.

PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,

ARMY

For construction, procurement, production, and modification

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

and training devices; expansion of public and private plants,

including the land necessary therefor, for the foregoing purposes,

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

construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes, $2,193,746,000, to

remain available for obligation until September 30, 2004.

PROCUREMENT OF AMMUNITION, ARMY

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing

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

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2239

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes, $1,200,465,000, to

remain available for obligation until September 30, 2004.

OTHER PROCUREMENT, ARMY

For construction, procurement, production, and modification

of vehicles, including tactical, support, and non-tracked combat

vehicles; the purchase of not to exceed 29 passenger motor vehicles

for replacement only; and the purchase of 3 vehicles required for

physical security of personnel, notwithstanding price limitations

applicable to passenger vehicles but not to exceed $200,000 per

vehicle; communications and electronic equipment; other support

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

plants, including the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes, $4,183,736,000, to

remain available for obligation until September 30, 2004.

AIRCRAFT PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of aircraft, equipment, including ordnance, spare

parts, and accessories therefor; specialized equipment; expansion

of public and private plants, including the land necessary therefor,

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

construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway,

$7,938,143,000, to remain available for obligation until September

30, 2004.

WEAPONS PROCUREMENT, NAVY

For construction, procurement, production, modification, and

modernization of missiles, torpedoes, other weapons, and related

support equipment including spare parts, and accessories therefor;

expansion of public and private plants, including the land necessary

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway,

$1,429,592,000, to remain available for obligation until September

30, 2004.

115 STAT. 2240 PUBLIC LAW 107–117—JAN. 10, 2002

PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes, $461,399,000, to

remain available for obligation until September 30, 2004.

SHIPBUILDING AND CONVERSION, NAVY

For expenses necessary for the construction, acquisition, or

conversion of vessels as authorized by law, including armor and

armament thereof, plant equipment, appliances, and machine tools

and installation thereof in public and private plants; reserve plant

and Government and contractor-owned equipment layaway;

procurement of critical, long leadtime components and designs for

vessels to be constructed or converted in the future; and expansion

of public and private plants, including land necessary therefor,

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

construction prosecuted thereon prior to approval of title, as follows: Carrier Replacement Program (AP), $138,890,000;

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

NSSN, $1,578,914,000;

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

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

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

Submarine Refuelings, $382,265,000;

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

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

DDG–51 (AP), $125,000,000; Cruiser conversion (AP), $75,000,000;

LPD–17 (AP), $155,000,000; T-AKE, $370,818,000;

LHD–8, $267,238,000; LCAC landing craft air cushion program, $46,091,000;

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

Mine Hunter SWATH, $1,000,000;

Yard Oilers, $3,000,000; and

For craft, outfitting, post delivery, conversions, and first destination transformation transportation, $302,230,000; In all: $9,490,039,000, to remain available for obligation until September 30, 2006: Provided, That additional obligations may be

incurred after September 30, 2006, for engineering services, tests,

evaluations, and other such budgeted work that must be performed

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

of the funds provided under this heading for the construction or

conversion of any naval vessel to be constructed in shipyards in

the United States shall be expended in foreign facilities for the

construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used

for the construction of any naval vessel in foreign shipyards.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2241

OTHER PROCUREMENT, NAVY

For procurement, production, and modernization of support

equipment and materials not otherwise provided for, Navy ordnance

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

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

vehicles for replacement only, and the purchase of five vehicles

required for physical security of personnel, notwithstanding price

limitations applicable to passenger vehicles but not to exceed

$200,000 per unit for two units and not to exceed $115,000 per

unit for the remaining three units; expansion of public and private

plants, including the land necessary therefor, and such lands and

interests therein, may be acquired, and construction prosecuted

thereon prior to approval of title; and procurement and installation

of equipment, appliances, and machine tools in public and private

plants; reserve plant and Government and contractor-owned equipment layaway, $4,270,976,000, to remain available for obligation

until September 30, 2004.

PROCUREMENT, MARINE CORPS

For expenses necessary for the procurement, manufacture, and

modification of missiles, armament, military equipment, spare

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

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

reserve plant and Government and contractor-owned equipment

layaway; vehicles for the Marine Corps, including the purchase

of not to exceed 25 passenger motor vehicles for replacement only;

and expansion of public and private plants, including land necessary

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

and construction prosecuted thereon prior to approval of title,

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

30, 2004.

AIRCRAFT PROCUREMENT, AIR FORCE

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

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

accessories therefor; specialized equipment; expansion of public and

private plants, Government-owned equipment and installation

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

land, for the foregoing purposes, and such lands and interests

therein, may be acquired, and construction prosecuted thereon prior

to approval of title; reserve plant and Government and contractorowned 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

115 STAT. 2242 PUBLIC LAW 107–117—JAN. 10, 2002

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

prosecuted thereon prior to approval of title; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes including rents and

transportation of things, $2,989,524,000, to remain available for

obligation until September 30, 2004.

PROCUREMENT OF AMMUNITION, AIR FORCE

For construction, procurement, production, and modification

of ammunition, and accessories therefor; specialized equipment and

training devices; expansion of public and private plants, including

ammunition facilities authorized by section 2854 of title 10, United

States Code, and the land necessary therefor, for the foregoing

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

and construction prosecuted thereon prior to approval of title; and

procurement and installation of equipment, appliances, and

machine tools in public and private plants; reserve plant and

Government and contractor-owned equipment layaway; and other

expenses necessary for the foregoing purposes, $866,644,000, to

remain available for obligation until September 30, 2004.

OTHER PROCUREMENT, AIR FORCE

For procurement and modification of equipment (including

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

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

not to exceed 216 passenger motor vehicles for replacement only,

and the purchase of three vehicles required for physical security

of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $200,000 per vehicle; lease of

passenger motor vehicles; and expansion of public and private

plants, Government-owned equipment and installation thereof in

such plants, erection of structures, and acquisition of land, for

the foregoing purposes, and such lands and interests therein, may

be acquired, and construction prosecuted thereon, prior to approval

of title; reserve plant and Government and contractor-owned equipment layaway, $8,085,863,000, to remain available for obligation

until September 30, 2004.

PROCUREMENT, DEFENSE-WIDE

For expenses of activities and agencies of the Department of

Defense (other than the military departments) necessary for

procurement, production, and modification of equipment, supplies,

materials, and spare parts therefor, not otherwise provided for;

the purchase of not to exceed 65 passenger motor vehicles for

replacement only; the purchase of 4 vehicles required for physical

security of personnel, notwithstanding price limitations applicable

to passenger vehicles but not to exceed $250,000 per vehicle; expansion of public and private plants, equipment, and installation

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

land for the foregoing purposes, and such lands and interests

therein, may be acquired, and construction prosecuted thereon prior

to approval of title; reserve plant and Government and contractorowned equipment layaway, $2,389,490,000, to remain available for

obligation until September 30, 2004: Provided, That funds provided

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2243

under this heading for Patriot Advanced Capability 3 (PAC–3)

missiles may be used for procurement of critical parts for PAC– 3 missiles to support production of such missiles in future fiscal

years.

DEFENSE PRODUCTION ACT PURCHASES

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of

1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $40,000,000

to remain available until expended, of which, $2,000,000 may be

used for a Processible Rigid-Rod Polymeric Material Supplier Initiative under title III of the Defense Production Act of 1950 (50

U.S.C. App. 2091 et seq.) to develop affordable production methods

and a domestic supplier for military and commercial processible

rigid-rod materials.

NATIONAL GUARD AND RESERVE EQUIPMENT

For procurement of aircraft, missiles, tracked combat vehicles,

ammunition, other weapons, and other procurement for the reserve

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

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

of the Reserve and National Guard components shall, not later

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

to the congressional defense committees the modernization priority

assessment for their respective Reserve or National Guard component: Provided further, That of the funds appropriated under this

heading, $148,430,000 shall be available only for the procurement

of C–130J aircraft to be used solely for western states firefighting.

TITLE IV

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment,

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

30, 2003.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment,

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

30, 2003.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE

For expenses necessary for basic and applied scientific research,

development, test and evaluation, including maintenance,

rehabilitation, lease, and operation of facilities and equipment,

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

30, 2003.

Deadline.

115 STAT. 2244 PUBLIC LAW 107–117—JAN. 10, 2002

RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE

For expenses of activities and agencies of the Department of

Defense (other than the military departments), necessary for basic

and applied scientific research, development, test and evaluation;

advanced research projects as may be designated and determined

by the Secretary of Defense, pursuant to law; maintenance,

rehabilitation, lease, and operation of facilities and equipment,

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

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

for ballistic missile defense programs, the minimum amount

applicable under section 9(f)(1)(C) of the Small Business Act (15

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

otherwise applicable for those programs under that section).

OPERATIONAL TEST AND EVALUATION, DEFENSE

For expenses, not otherwise provided for, necessary for the

independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in

connection therewith, $231,855,000, to remain available for obligation until September 30, 2003.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

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

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

330 passenger carrying motor vehicles for replacement only for

the Defense Security Service.

NATIONAL DEFENSE SEALIFT FUND

For National Defense Sealift Fund programs, projects, and

activities, and for expenses of the National Defense Reserve Fleet,

as established by section 11 of the Merchant Ship Sales Act of

1946 (50 U.S.C. App. 1744), and for the necessary expenses to

maintain and preserve a U.S.-flag merchant fleet to serve the

national security needs of the United States, $432,408,000, to

remain available until expended: Provided, That none of the funds

provided in this paragraph shall be used to award a new contract

that provides for the acquisition of any of the following major

components unless such components are manufactured in the

United States: auxiliary equipment, including pumps, for all shipboard services; propulsion system components (that is; engines,

reduction gears, and propellers); shipboard cranes; and spreaders

for shipboard cranes: Provided further, That the exercise of an

option in a contract awarded through the obligation of previously

appropriated funds shall not be considered to be the award of

a new contract: Provided further, That the Secretary of the military

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2245

department responsible for such procurement may waive the restrictions in the first proviso on a case-by-case basis by certifying in

writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are

not available to meet Department of Defense requirements on a

timely basis and that such an acquisition must be made in order

to acquire capability for national security purposes: Provided further, That, notwithstanding any other provision of law, $25,000,000

of the funds available under this heading shall be available only

to finance the cost of constructing additional sealift capacity.

TITLE VI

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

For expenses, not otherwise provided for, for medical and health

care programs of the Department of Defense, as authorized by

law, $18,391,194,000, of which $17,659,475,000 shall be for Operation and maintenance, of which not to exceed 2 percent shall

remain available until September 30, 2003; of which $267,915,000,

to remain available for obligation until September 30, 2004, shall

be for Procurement; of which $463,804,000, to remain available

for obligation until September 30, 2003, shall be for Research,

development, test and evaluation, and of which $14,000,000 shall

be available for HIV prevention educational activities undertaken

in connection with U.S. military training, exercises, and humanitarian assistance activities conducted in African nations.

CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY

For expenses, not otherwise provided for, necessary for the

destruction of the United States stockpile of lethal chemical agents

and munitions in accordance with the provisions of section 1412

of the Department of Defense Authorization Act, 1986 (50 U.S.C.

1521), and for the destruction of other chemical warfare materials

that are not in the chemical weapon stockpile, $1,105,557,000,

of which $739,020,000 shall be for Operation and maintenance

to remain available until September 30, 2003, $164,158,000 shall

be for Procurement to remain available until September 30, 2004,

and $202,379,000 shall be for Research, development, test and

evaluation to remain available until September 30, 2003.

DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

(INCLUDING TRANSFER OF FUNDS)

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

Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United

States Code; for Operation and maintenance; for Procurement; and

for Research, development, test and evaluation, $842,581,000: Provided, That the funds appropriated under this heading shall be

available for obligation for the same time period and for the same

purpose as the appropriation to which transferred: Provided further,

115 STAT. 2246 PUBLIC LAW 107–117—JAN. 10, 2002

That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this

Act.

OFFICE OF THE INSPECTOR GENERAL

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act

of 1978, as amended, $152,021,000, of which $150,221,000 shall

be for Operation and maintenance, of which not to exceed $700,000

is available for emergencies and extraordinary expenses to be

expended on the approval or authority of the Inspector General,

and payments may be made on the Inspector General’s certificate

of necessity for confidential military purposes; and of which

$1,800,000 to remain available until September 30, 2004, shall

be for Procurement.

TITLE VII

RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY

SYSTEM FUND

For payment to the Central Intelligence Agency Retirement

and Disability System Fund, to maintain the proper funding level

for continuing the operation of the Central Intelligence Agency

Retirement and Disability System, $212,000,000.

INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

Research and Development Committee shall remain available until

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

this heading, $42,752,000 shall be transferred to the Department

of Justice for the National Drug Intelligence Center to support

the Department of Defense’s counter-drug intelligence responsibilities, and of the said amount, $1,500,000 for Procurement shall

remain available until September 30, 2004, and $1,000,000 for

Research, development, test and evaluation shall remain available

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

Drug Intelligence Center shall maintain the personnel and technical

resources to provide timely support to law enforcement authorities

to conduct document exploitation of materials collected in Federal,

State, and local law enforcement activity.

PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND

ENVIRONMENTAL RESTORATION FUND

For payment to Kaho’olawe Island Conveyance, Remediation,

and Environmental Restoration Fund, as authorized by law,

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

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2247

NATIONAL SECURITY EDUCATION TRUST FUND

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

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

Trust Fund, to remain available until expended.

TITLE VIII

GENERAL PROVISIONS—DEPARTMENT OF DEFENSE

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

Act shall be used for publicity or propaganda purposes not authorized by the Congress.

SEC. 8002. During the current fiscal year, provisions of law

prohibiting the payment of compensation to, or employment of,

any person not a citizen of the United States shall not apply

to personnel of the Department of Defense: Provided, That salary

increases granted to direct and indirect hire foreign national

employees of the Department of Defense funded by this Act shall

not be at a rate in excess of the percentage increase authorized

by law for civilian employees of the Department of Defense whose

pay is computed under the provisions of section 5332 of title 5,

United States Code, or at a rate in excess of the percentage increase

provided by the appropriate host nation to its own employees,

whichever is higher: Provided further, That this section shall not

apply to Department of Defense foreign service national employees

serving at United States diplomatic missions whose pay is set

by the Department of State under the Foreign Service Act of 1980:

Provided further, That the limitations of this provision shall not

apply to foreign national employees of the Department of Defense

in the Republic of Turkey.

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

Act shall remain available for obligation beyond the current fiscal

year, unless expressly so provided herein.

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

in this Act which are limited for obligation during the current

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

fiscal year: Provided, That this section shall not apply to obligations

for support of active duty training of reserve components or summer

camp training of the Reserve Officers’ Training Corps.

(TRANSFER OF FUNDS)

SEC. 8005. Upon determination by the Secretary of Defense

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

with the approval of the Office of Management and Budget, transfer

not to exceed $2,000,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)

between such appropriations or funds or any subdivision thereof,

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

and for the same time period, as the appropriation or fund to

which transferred: Provided, That such authority to transfer may

not be used unless for higher priority items, based on unforeseen

military requirements, than those for which originally appropriated

and in no case where the item for which funds are requested

has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers

Notification.

10 USC 1584

note.

115 STAT. 2248 PUBLIC LAW 107–117—JAN. 10, 2002

made pursuant to this authority or any other authority in this

Act: Provided further, That no part of the funds in this Act shall

be available to prepare or present a request to the Committees

on Appropriations for reprogramming of funds, unless for higher

priority items, based on unforeseen military requirements, than

those for which originally appropriated and in no case where the

item for which reprogramming is requested has been denied by

the Congress: Provided further, That a request for multiple

reprogrammings of funds using authority provided in this section

must be made prior to May 1, 2002.

(TRANSFER OF FUNDS)

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

working capital funds of the Department of Defense established

pursuant to section 2208 of title 10, United States Code, may

be maintained in only such amounts as are necessary at any time

for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and

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

the ‘‘Operation and Maintenance’’ appropriation accounts in such

amounts as may be determined by the Secretary of Defense, with

the approval of the Office of Management and Budget, except that

such transfers may not be made unless the Secretary of Defense

has notified the Congress of the proposed transfer. Except in

amounts equal to the amounts appropriated to working capital

funds in this Act, no obligations may be made against a working

capital fund to procure or increase the value of war reserve material

inventory, unless the Secretary of Defense has notified the Congress

prior to any such obligation.

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

to initiate a special access program without prior notification 30

calendar days in session in advance to the congressional defense

committees.

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

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

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

of the contract or that includes an unfunded contingent liability

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

leading to a multiyear contract that employs economic order

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

the congressional defense committees have been notified at least

30 days in advance of the proposed contract award: Provided, That

no part of any appropriation contained in this Act shall be available

to initiate a multiyear contract for which the economic order

quantity advance procurement is not funded at least to the limits

of the Government’s liability: Provided further, That no part of

any appropriation contained in this Act shall be available to initiate

multiyear procurement contracts for any systems or component

thereof if the value of the multiyear contract would exceed

$500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated

without 10-day prior notification to the congressional defense

committees: Provided further, That the execution of multiyear

authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement.

10 USC 2306b

note.

Notification.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2249

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

multiyear procurement contracts as follows:

UH–60/CH–60 aircraft;

C–17; and

F/A–18E and F engine.

SEC. 8009. Within the funds appropriated for the operation

and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,

for humanitarian and civic assistance costs under chapter 20 of

title 10, United States Code. Such funds may also be obligated

for humanitarian and civic assistance costs incidental to authorized

operations and pursuant to authority granted in section 401 of

chapter 20 of title 10, United States Code, and these obligations

shall be reported to the Congress as of September 30 of each

year: Provided, That funds available for operation and maintenance

shall be available for providing humanitarian and similar assistance

by using Civic Action Teams in the Trust Territories of the Pacific

Islands and freely associated states of Micronesia, pursuant to

the Compact of Free Association as authorized by Public Law 99– 239: Provided further, That upon a determination by the Secretary

of the Army that such action is beneficial for graduate medical

education programs conducted at Army medical facilities located

in Hawaii, the Secretary of the Army may authorize the provision

of medical services at such facilities and transportation to such

facilities, on a nonreimbursable basis, for civilian patients from

American Samoa, the Commonwealth of the Northern Mariana

Islands, the Marshall Islands, the Federated States of Micronesia,

Palau, and Guam.

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

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

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

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

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

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

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

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

request shall be prepared and submitted to the Congress as if

subsections (a) and (b) of this provision were effective with regard

to fiscal year 2003.

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

(civilian) technicians.

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

of the funds made available by this Act shall be used by the

Department of Defense to exceed, outside the 50 United States,

its territories, and the District of Columbia, 125,000 civilian

workyears: Provided, That workyears shall be applied as defined

in the Federal Personnel Manual: Provided further, That workyears

expended in dependent student hiring programs for disadvantaged

youths shall not be included in this workyear limitation.

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

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

action on any legislation or appropriation matters pending before

the Congress.

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

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

the Army participating as a full-time student and receiving benefits

Lobbying.

Applicability.

Reports.

Deadline.

10 USC 401 note.

115 STAT. 2250 PUBLIC LAW 107–117—JAN. 10, 2002

paid by the Secretary of Veterans Affairs from the Department

of Defense Education Benefits Fund when time spent as a fulltime 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 costeffective 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 JavitsWagner-O’Day Act; (2) is planned to be converted to performance

by a qualified nonprofit agency for the blind or by a qualified

nonprofit agency for other severely handicapped individuals in

accordance with that Act; or (3) is planned to be converted to

performance by a qualified firm under 51 percent ownership by

an Indian tribe, as defined in section 450b(e) of title 25, United

States Code, or a Native Hawaiian organization, as defined in

section 637(a)(15) of title 15, United States Code.

(TRANSFER OF FUNDS)

SEC. 8015. Funds appropriated in title III of this Act for the

Department of Defense Pilot Mentor-Protege Program may be transferred to any other appropriation contained in this Act solely for

the purpose of implementing a Mentor-Protege Program developmental assistance agreement pursuant to section 831 of the

National Defense Authorization Act for Fiscal Year 1991 (Public

Law 101–510; 10 U.S.C. 2301 note), as amended, under the

authority of this provision or any other transfer authority contained

in this Act.

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

for the purchase by the Department of Defense (and its departments

and agencies) of welded shipboard anchor and mooring chain 4

inches in diameter and under unless the anchor and mooring chain

are manufactured in the United States from components which

are substantially manufactured in the United States: Provided,

That for the purpose of this section manufactured will include

cutting, heat treating, quality control, testing of chain and welding

(including the forging and shot blasting process): Provided further,

That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost

of the components produced or manufactured in the United States

exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of

Defense requirements on a timely basis, the Secretary of the service

Applicability.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2251

responsible for the procurement may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations that such an acquisition must be made in order

to acquire capability for national security purposes.

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

for the Civilian Health and Medical Program of the Uniformed

Services (CHAMPUS) or TRICARE shall be available for the

reimbursement of any health care provider for inpatient mental

health service for care received when a patient is referred to a

provider of inpatient mental health care or residential treatment

care by a medical or health care professional having an economic

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

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

Code, provided as partial hospital care, or provided pursuant to

a waiver authorized by the Secretary of Defense because of medical

or psychological circumstances of the patient that are confirmed

by a health professional who is not a Federal employee after a

review, pursuant to rules prescribed by the Secretary, which takes

into account the appropriate level of care for the patient, the intensity of services required by the patient, and the availability of

that care.

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

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

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

Vietnam era to an annual meeting in the United States, under

such regulations as the Secretary of Defense may prescribe.

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

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

agreement, establish with host nation governments in NATO

member states a separate account into which such residual value

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

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

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

only for the construction of facilities to support United States military forces in that host nation, or such real property maintenance

and base operating costs that are currently executed through monetary transfers to such host nations: Provided further, That the

Department of Defense’s budget submission for fiscal year 2003

shall identify such sums anticipated in residual value settlements,

and identify such construction, real property maintenance or base

operating costs that shall be funded by the host nation through

such credits: Provided further, That all military construction

projects to be executed from such accounts must be previously

approved in a prior Act of Congress: Provided further, That each

such executive agreement with a NATO member host nation shall

be reported to the congressional defense committees, the Committee

on International Relations of the House of Representatives and

the Committee on Foreign Relations of the Senate 30 days prior

to the conclusion and endorsement of any such agreement established under this provision.

SEC. 8020. None of the funds available to the Department

of Defense may be used to demilitarize or dispose of M–1 Carbines,

M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,

or M–1911 pistols.

Reports.

Deadline.

10 USC 2687

note.

10 USC 2647

note.

115 STAT. 2252 PUBLIC LAW 107–117—JAN. 10, 2002

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

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

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

or function of the Department of Defense into or within the National

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

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

to the congressional defense committees that such a relocation

is required in the best interest of the Government.

SEC. 8022. In addition to the funds provided elsewhere in this Act, $8,000,000 is appropriated only for incentive payments

authorized by section 504 of the Indian Financing Act of 1974

(25 U.S.C. 1544): Provided, That a subcontractor at any tier shall

be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing

Act of 1974 (25 U.S.C. 1544).

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

appropriated or otherwise available for any Federal agency, the

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

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

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

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

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

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

title 32, United States Code;

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

to enforce the law or providing assistance to civil authorities

in the protection or saving of life or property or prevention

of injury—

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

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

of law, as applicable; or

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

District of Columbia, the Commonwealth of Puerto Rico,

or a territory of the United States; and

(3) requests and is granted—

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

(B) annual leave, which may be granted without regard

to the provisions of sections 5519 and 6323(b) of title 5,

United States Code, if such employee is otherwise entitled

to such annual leave:

Provided, That any employee who requests leave under subsection

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

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

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

and such leave shall be considered leave under section 6323(b)

of title 5, United States Code.

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

be available to perform any cost study pursuant to the provisions

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

period of 24 months after initiation of such study with respect

to a single function activity or 48 months after initiation of such

study for a multi-function activity.

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

Forces Information Service shall not be used for any national or

international political or psychological activities.

5 USC 6323 note.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2253

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

employees hired for certain health care occupations as authorized

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

United States Code.

SEC. 8027. Of the funds made available in this Act, not less

than $55,000,000 shall be available to maintain an attrition reserve

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

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

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

shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided, That the Secretary of the Air Force shall maintain a total force

of 94 B–52 aircraft, including 18 attrition reserve aircraft, during

fiscal year 2002: Provided further, That the Secretary of Defense

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

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

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

or services appropriated by this Act, qualified nonprofit agencies

for the blind or other severely handicapped shall be afforded the

maximum practicable opportunity to participate as subcontractors

and suppliers in the performance of contracts let by the Department

of Defense.

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

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

shall be given credit toward meeting that subcontracting goal for

any purchases made from qualified nonprofit agencies for the blind

or other severely handicapped.

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

a nonprofit agency for the blind or other severely handicapped

that has been approved by the Committee for the Purchase from

the Blind and Other Severely Handicapped under the JavitsWagner-O’Day Act (41 U.S.C. 46–48).

SEC. 8029. During the current fiscal year, net receipts pursuant

to collections from third party payers pursuant to section 1095

of title 10, United States Code, shall be made available to the

local facility of the uniformed services responsible for the collections

and shall be over and above the facility’s direct budget amount.

SEC. 8030. During the current fiscal year, the Department

of Defense is authorized to incur obligations of not to exceed

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

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

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

That upon receipt, such contributions from the Government of

Kuwait shall be credited to the appropriations or fund which

incurred such obligations.

SEC. 8031. Of the funds made available in this Act, not less

than $23,003,000 shall be available for the Civil Air Patrol Corporation, of which $21,503,000 shall be available for Civil Air Patrol

Corporation operation and maintenance to support readiness activities which includes $1,500,000 for the Civil Air Patrol counterdrug

program: Provided, That funds identified for ‘‘Civil Air Patrol’’ under

this section are intended for and shall be for the exclusive use

of the Civil Air Patrol Corporation and not for the Air Force or

any unit thereof.

115 STAT. 2254 PUBLIC LAW 107–117—JAN. 10, 2002

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

are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),

either as a new entity, or as a separate entity administrated by

an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs

and other non-profit entities.

(b) No member of a Board of Directors, Trustees, Overseers,

Advisory Group, Special Issues Panel, Visiting Committee, or any

similar entity of a defense FFRDC, and no paid consultant to

any defense FFRDC, except when acting in a technical advisory

capacity, may be compensated for his or her services as a member

of such entity, or as a paid consultant by more than one FFRDC

in a fiscal year: Provided, That a member of any such entity

referred to previously in this subsection shall be allowed travel

expenses and per diem as authorized under the Federal Joint Travel

Regulations, when engaged in the performance of membership

duties.

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

funds available to the department from any source during fiscal

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

other payment mechanism, for construction of new buildings, for

payment of cost sharing for projects funded by Government grants,

for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community

service and/or development.

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

available to the department during fiscal year 2002, not more

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

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

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

may be funded for the defense studies and analysis FFRDCs.

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

the department’s fiscal year 2003 budget request, submit a report

presenting the specific amounts of staff years of technical effort

to be allocated for each defense FFRDC during that fiscal year.

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

amount appropriated in this Act for FFRDCs is hereby reduced

by $40,000,000.

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

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

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

the control of the Department of Defense which were not melted

and rolled in the United States or Canada: Provided, That these

procurement restrictions shall apply to any and all Federal Supply

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

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

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

of the military department responsible for the procurement may

waive this restriction on a case-by-case basis by certifying in writing

to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely

basis and that such an acquisition must be made in order to

acquire capability for national security purposes: Provided further,

That these restrictions shall not apply to contracts which are in

being as of the date of the enactment of this Act.

Applicability.

Reports.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2255

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

defense committees’’ means the Armed Services Committee of the

House of Representatives, the Armed Services Committee of the

Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the

Committee on Appropriations of the House of Representatives.

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

of Defense may acquire the modification, depot maintenance and

repair of aircraft, vehicles and vessels as well as the production

of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities

and private firms: Provided, That the Senior Acquisition Executive

of the military department or defense agency concerned, with power

of delegation, shall certify that successful bids include comparable

estimates of all direct and indirect costs for both public and private

bids: Provided further, That Office of Management and Budget

Circular A–76 shall not apply to competitions conducted under

this section.

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

with the United States Trade Representative, determines that a

foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating

against certain types of products produced in the United States

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

rescind the Secretary’s blanket waiver of the Buy American Act

with respect to such types of products produced in that foreign

country.

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

defense procurement memorandum of understanding, between the

United States and a foreign country pursuant to which the Secretary

of Defense has prospectively waived the Buy American Act for

certain products in that country.

(b) The Secretary of Defense shall submit to the Congress

a report on the amount of Department of Defense purchases from

foreign entities in fiscal year 2002. Such report shall separately

indicate the dollar value of items for which the Buy American

Act was waived pursuant to any agreement described in subsection

(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),

or any international agreement to which the United States is a

party.

(c) For purposes of this section, the term ‘‘Buy American Act’’

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

for the Treasury and Post Office Departments for the fiscal year

ending June 30, 1934, and for other purposes’’, approved March

3, 1933 (41 U.S.C. 10a et seq.).

SEC. 8037. Appropriations contained in this Act that remain

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

cost savings realized by the Department of Defense shall remain

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

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

Code.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8038. Amounts deposited during the current fiscal year

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

to the special account established under 10 U.S.C. 2667(d)(1) are

Reports.

41 USC 10b–2.

Certification.

115 STAT. 2256 PUBLIC LAW 107–117—JAN. 10, 2002

appropriated and shall be available until transferred by the Secretary of Defense to current applicable appropriations or funds

of the Department of Defense under the terms and conditions

specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C.

2667(d)(1)(B), to be merged with and to be available for the same

time period and the same purposes as the appropriation to which

transferred.

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

a fiscal year submitted to the Congress under section 1105 of

title 31, United States Code, materials that shall identify clearly

and separately the amounts requested in the budget for appropriation for that fiscal year for salaries and expenses related to administrative activities of the Department of Defense, the military departments, and the defense agencies.

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

available for ‘‘Drug Interdiction and Counter-Drug Activities,

Defense’’ may be obligated for the Young Marines program.

(INCLUDING TRANSFER OF FUNDS)

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

in the Department of Defense Overseas Military Facility Investment

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

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

2687 note) shall be available until expended for the payments

specified by section 2921(c)(2) of that Act.

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

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

in the States of North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units located at Grand Forks

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

needs of the Air Force.

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

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

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

that are submitted to the Secretary by the Operation Walking

Shield Program on behalf of Indian tribes located in the States

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

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

Walking Shield program shall resolve any conflicts among requests

of Indian tribes for housing units under subsection (a) before

submitting requests to the Secretary of the Air Force under subsection (b).

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

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

list published by the Secretary of the Interior under section 104

of the Federally Recognized Indian Tribe Act of 1994 (Public Law

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

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

are available to the Department of Defense for operation and

maintenance may be used to purchase items having an investment

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

$100,000 limitation shall not apply to amounts appropriated in

this Act under the heading ‘‘Operation and Maintenance, DefenseWide’’ 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

President.

10 USC 221 note.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2257

Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for

sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense

Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during

fiscal year 1994 and if the purchase of such an investment item

would be chargeable during the current fiscal year to appropriations

made to the Department of Defense for procurement.

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

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

shall be prepared and submitted to the Congress on the basis

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

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

and not in the supply management business area or any other

area or category of the Department of Defense Working Capital

Funds.

SEC. 8045. None of the funds appropriated by this Act for

programs of the Central Intelligence Agency shall remain available

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

transferred, or otherwise credited to the Central Intelligence Agency

Central Services Working Capital Fund during this or any prior

or subsequent fiscal year shall remain available until expended:

Provided further, That any funds appropriated or transferred to

the Central Intelligence Agency for agent operations and for covert

action programs authorized by the President under section 503

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

available until September 30, 2003.

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

made available in this Act for the Defense Intelligence Agency

may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and

intelligence information systems for the Services, the Unified and

Specified Commands, and the component commands.

SEC. 8047. Of the funds appropriated to the Department of

Defense under the heading ‘‘Operation and Maintenance, 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).

50 USC 403u

note.

115 STAT. 2258 PUBLIC LAW 107–117—JAN. 10, 2002

(TRANSFER OF FUNDS)

SEC. 8049. In addition to the amounts appropriated elsewhere

in this Act, $10,000,000 is hereby appropriated to the Department

of Defense: Provided, That at the direction of the Assistant Secretary of Defense for Reserve Affairs, these funds shall be transferred to the Reserve component personnel accounts in title I of

this Act: Provided further, That these funds shall be used for

incentive and bonus programs that address the most pressing

recruitment and retention issues in the Reserve components.

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

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

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

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

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

for the Treasury and Post Office Departments for the fiscal year

ending June 30, 1934, and for other purposes’’, approved March

3, 1933 (41 U.S.C. 10a et seq.).

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

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

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

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

determine, in accordance with section 2410f of title 10, United

States Code, whether the person should be debarred from contracting with the Department of Defense.

(c) In the case of any equipment or products purchased with

appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending

the appropriation, purchase only American-made equipment and

products, provided that American-made equipment and products

are cost-competitive, quality-competitive, and available in a timely

fashion.

SEC. 8051. None of the funds appropriated by this Act shall

be available for a contract for studies, analysis, or consulting services entered into without competition on the basis of an unsolicited

proposal unless the head of the activity responsible for the procurement determines—

(1) as a result of thorough technical evaluation, only one

source is found fully qualified to perform the proposed work;

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

proposal which offers significant scientific or technological

promise, represents the product of original thinking, and was

submitted in confidence by one source; or

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

unique and significant industrial accomplishment by a specific

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

concern is given financial support:

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

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

of equipment that is in development or production, or contracts

as to which a civilian official of the Department of Defense, who

has been confirmed by the Senate, determines that the award

of such contract is in the interest of the national defense.

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

none of the funds made available by this Act may be used—

(1) to establish a field operating agency; or

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2259

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

or civilian employee of the department who is transferred or

reassigned from a headquarters activity if the member or

employee’s place of duty remains at the location of that headquarters.

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate

that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.

(c) This section does not apply to field operating agencies funded

within the National Foreign Intelligence Program.

SEC. 8053. Notwithstanding section 303 of Public Law 96– 487 or any other provision of law, the Secretary of the Navy is

authorized to lease real and personal property at Naval Air Facility,

Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other purposes: Provided, That notwithstanding any other

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

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

and may demolish or otherwise dispose of such facilities, buildings,

and structures.

(RESCISSIONS)

SEC. 8054. Of the funds provided in Department of Defense

Appropriations Acts, the following funds are hereby rescinded from

the following accounts and programs in the specified amounts: ‘‘Former Soviet Union Threat Reduction, 2000/2002’’, $32,000,000; ‘‘Other Procurement, Navy, 2000/2002’’, $15,300,000; ‘‘Aircraft Procurement, Air Force, 2000/2002’’, $8,500,000; ‘‘Other Procurement, Air Force, 2000/2002’’, $20,000,000; ‘‘Aircraft Procurement, Army, 2001/2003’’, $16,000,000; ‘‘Procurement of Ammunition, Army, 2001/2003’’, $27,400,000; ‘‘Other Procurement, Army, 2001/2003’’, $28,745,000; ‘‘Aircraft Procurement, Navy, 2001/2003’’, $8,600,000; ‘‘Weapons Procurement, Navy, 2001/2003’’, $20,000,000; ‘‘Other Procurement, Navy, 2001/2003’’, $7,600,000; ‘‘Procurement, Marine Corps, 2001/2003’’, $1,000,000; ‘‘Aircraft Procurement, Air Force, 2001/2003’’, $63,283,000; ‘‘Missile Procurement, Air Force, 2001/2003’’, $58,450,000; ‘‘Procurement of Ammunition, Air Force, 2001/2003’’, $5,800,000; ‘‘Other Procurement, Air Force, 2001/2003’’, $10,200,000; ‘‘Procurement, Defense-Wide, 2001/2003’’, $113,434,000; ‘‘Research, Development, Test and Evaluation, Army, 2001/

2002’’, $6,300,000;

‘‘Research, Development, Test and Evaluation, Navy, 2001/

2002’’, $18,800,000;

‘‘Research, Development, Test and Evaluation, Air Force,

2001/2002’’, $69,283,000; and ‘‘Research, Development, Test and Evaluation, 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

115 STAT. 2260 PUBLIC LAW 107–117—JAN. 10, 2002

Reserve and Air Force Reserve for the purpose of applying any

administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are

a direct result of a reduction in military force structure.

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

available in this Act may be obligated or expended for assistance

to the Democratic People’s Republic of North Korea unless specifically appropriated for that purpose.

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

in this Act are available to compensate members of the National

Guard for duty performed pursuant to a plan submitted by a Governor of a State and approved by the Secretary of Defense under

section 112 of title 32, United States Code: Provided, That during

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

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

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

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

Code.

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

maintenance of the Military Departments, Combatant Commands

and Defense Agencies shall be available for reimbursement of pay,

allowances and other expenses which would otherwise be incurred

against appropriations for the National Guard and Reserve when

members of the National Guard and Reserve provide intelligence

or counterintelligence support to Combatant Commands, Defense

Agencies and Joint Intelligence Activities, including the activities

and programs included within the National Foreign Intelligence

Program (NFIP), the Joint Military Intelligence Program (JMIP),

and the Tactical Intelligence and Related Activities (TIARA) aggregate: Provided, That nothing in this section authorizes deviation

from established Reserve and National Guard personnel and

training procedures.

SEC. 8059. During the current fiscal year, none of the funds

appropriated in this Act may be used to reduce the civilian medical

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

Surgeons General may waive this section by certifying to the

congressional defense committees that the beneficiary population

is declining in some catchment areas and civilian strength reductions may be consistent with responsible resource stewardship and

capitation-based budgeting.

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

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

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

States Code, the Secretary of Defense shall submit to Congress

a certification that the total cost for the planning, design, construction, and installation of equipment for the renovation of wedges

2 through 5 of the Pentagon Reservation, cumulatively, will not

exceed four times the total cost for the planning, design, construction, and installation of equipment for the renovation of wedge

1.

(b) ANNUAL ADJUSTMENT.—For purposes of applying the limitation in subsection (a), the Secretary shall adjust the cost for the

renovation of wedge 1 by any increase or decrease in costs attributable to economic inflation, based on the most recent economic

assumptions issued by the Office of Management and Budget for

Deadline.

Certification.

10 USC 2674

note.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2261

use in preparation of the budget of the United States under section

1104 of title 31, United States Code.

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

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

5 shall not include— (1) any repair or reconstruction cost incurred as a result

of the terrorist attack on the Pentagon that occurred on September 11, 2001;

(2) any increase in costs for wedges 2 through 5 attributable

to compliance with new requirements of Federal, State, or

local laws; and

(3) any increase in costs attributable to additional security

requirements that the Secretary of Defense considers essential

to provide a safe and secure working environment.

(d) CERTIFICATION COST REPORTS.—As part of the annual certification under subsection (a), the Secretary shall report the projected cost (as of the time of the certification) for— (1) the renovation of each wedge, including the amount

adjusted or otherwise excluded for such wedge under the

authority of paragraphs (2) and (3) of subsection (c) for the

period covered by the certification; and

(2) the repair and reconstruction of wedges 1 and 2 in

response to the terrorist attack on the Pentagon that occurred

on September 11, 2001.

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

apply until the Secretary certifies to Congress that the renovation

of the Pentagon Reservation is completed.

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

not more than 35 percent of funds provided in this Act, for environmental remediation may be obligated under indefinite delivery/

indefinite quantity contracts with a total contract value of

$130,000,000 or higher.

SEC. 8062. Of the funds made available under the heading ‘‘Operation and Maintenance, Air Force’’, $10,200,000 shall be available to realign railroad track on Elmendorf Air Force Base and

Fort Richardson.

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

of Defense for any fiscal year for drug interdiction or counterdrug 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.

50 USC 403f

note.

10 USC 374 note.

Applicability.

115 STAT. 2262 PUBLIC LAW 107–117—JAN. 10, 2002

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-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 this restriction shall not apply to

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

of the Office of Federal Procurement Policy Act, except that the

restriction shall apply to ball or roller bearings purchased as end

items.

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

available to the Department of Defense shall be made available

to provide transportation of medical supplies and equipment, on

a nonreimbursable basis, to American Samoa, and funds available

to the Department of Defense shall be made available to provide

transportation of medical supplies and equipment, on a nonreimbursable basis, to the Indian Health Service when it is in

conjunction with a civil-military project.

SEC. 8067. None of the funds in this Act may be used to

purchase any supercomputer which is not manufactured in the

United States, unless the Secretary of Defense certifies to the

congressional defense committees that such an acquisition must

be made in order to acquire capability for national security purposes

that is not available from United States manufacturers.

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

Naval shipyards of the United States shall be eligible to participate

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

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

contract awarded by the Department of Defense during the current

fiscal year for construction or service performed in whole or in

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

States Code) which is not contiguous with another State and has

an unemployment rate in excess of the national average rate of

unemployment as determined by the Secretary of Labor, shall

include a provision requiring the contractor to employ, for the

purpose of performing that portion of the contract in such State

that is not contiguous with another State, individuals who are

residents of such State and who, in the case of any craft or trade,

possess or would be able to acquire promptly the necessary skills:

Provided, That the Secretary of Defense may waive the requirements of this section, on a case-by-case basis, in the interest of

national security.

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

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

of the Department of Defense who approves or implements the

transfer of administrative responsibilities or budgetary resources

of any program, project, or activity financed by this Act to the

jurisdiction of another Federal agency not financed by this Act

without the express authorization of Congress: Provided, That this

limitation shall not apply to transfers of funds expressly provided

Applicability.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2263

for in Defense Appropriations Acts, or provisions of Acts providing

supplemental appropriations for the Department of Defense.

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

the heading ‘‘Operation and Maintenance, Defense-Wide’’, up to

$5,000,000 shall be available to provide assistance, by grant or

otherwise, to public school systems that have unusually high concentrations of special needs military dependents enrolled: Provided,

That in selecting school systems to receive such assistance, special

consideration shall be given to school systems in States that are

considered overseas assignments: Provided further, That up to

$2,000,000 shall be available for the Department of Defense to

establish a non-profit trust fund to assist in the public-private

funding of public school repair and maintenance projects, or provide

directly to non-profit organizations who in return will use these

monies to provide assistance in the form of repair, maintenance,

or renovation to public school systems that have high concentrations

of special needs military dependents and are located in States

that are considered overseas assignments: Provided further, That

to the extent a Federal agency provides this assistance, by contract,

grant or otherwise, it may accept and expend non-Federal funds

in combination with these Federal funds to provide assistance for

the authorized purpose, if the non-Federal entity requests such

assistance and the non-Federal funds are provided on a reimbursable basis.

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

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

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

fiscal year may be obligated or expended to transfer to another

nation or an international organization any defense articles or

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

described in subsection (b) unless the congressional defense committees, the Committee on International Relations of the House of

Representatives, and the Committee on Foreign Relations of the

Senate are notified 15 days in advance of such transfer.

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

(1) any international peacekeeping or peace-enforcement

operation under the authority of chapter VI or chapter VII

of the United Nations Charter under the authority of a United

Nations Security Council resolution; and

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

(c) REQUIRED NOTICE.—A notice under subsection (a) shall

include the following:

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

to be transferred.

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

or services to be transferred.

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

supplies—

(A) a statement of whether the inventory requirements

of all elements of the Armed Forces (including the reserve

components) for the type of equipment or supplies to be

transferred have been met; and

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

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

President proposes to provide funds for such replacement.

Applicability.

Notice.

115 STAT. 2264 PUBLIC LAW 107–117—JAN. 10, 2002

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

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

issue loan guarantees in support of United States defense exports

not otherwise provided for: Provided, That the total contingent

liability of the United States for guarantees issued under the

authority of this section may not exceed $15,000,000,000: Provided

further, That the exposure fees charged and collected by the Secretary for each guarantee shall be paid by the country involved

and shall not be financed as part of a loan guaranteed by the

United States: Provided further, That the Secretary shall provide

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

on Appropriations, Armed Services, and International Relations

in the House of Representatives on the implementation of this

program: Provided further, That amounts charged for administrative fees and deposited to the special account provided for under

section 2540c(d) of title 10, shall be available for paying the costs

of administrative expenses of the Department of Defense that are

attributable to the loan guarantee program under subchapter VI

of chapter 148 of title 10, United States Code.

SEC. 8074. None of the funds available to the Department

of Defense under this Act shall be obligated or expended to pay

a contractor under a contract with the Department of Defense

for costs of any amount paid by the contractor to an employee

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

the normal salary paid by the contractor to the employee;

and

(2) such bonus is part of restructuring costs associated

with a business combination.

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

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

for the transportation of chemical munitions or agents to the Johnston Atoll for the purpose of storing or demilitarizing such munitions or agents.

(b) The prohibition in subsection (a) shall not apply to any

obsolete World War II chemical munition or agent of the United

States found in the World War II Pacific Theater of Operations.

(c) The President may suspend the application of subsection

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

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

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

the Pacific Missile Range Facility may be made available to contract

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

water, drainage, and flood control systems critical to base operations.

(INCLUDING TRANSFER OF FUNDS)

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

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

to appropriations available for the pay of military personnel, to

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

as the appropriations to which transferred, to be used in support

of such personnel in connection with support and services for eligible

organizations and activities outside the Department of Defense

pursuant to section 2012 of title 10, United States Code.

Reports.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2265

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

States Code, any subdivision of appropriations made in this Act

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

considered to be for the same purpose as any subdivision under

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

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

the total amount of the appropriation.

SEC. 8079. During the current fiscal year, in the case of an

appropriation account of the Department of Defense for which the

period of availability for obligation has expired or which has closed

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

Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be

charged to any current appropriation account for the same purpose

as the expired or closed account if— (1) the obligation would have been properly chargeable

(except as to amount) to the expired or closed account before

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

(2) the obligation is not otherwise properly chargeable to

any current appropriation account of the Department of

Defense; and

(3) in the case of an expired account, the obligation is

not chargeable to a current appropriation of the Department

of Defense under the provisions of section 1405(b)(8) of the

National Defense Authorization Act for Fiscal Year 1991, Public

Law 101–510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review

or investigation discloses that there was not in fact a negative

unliquidated or unexpended balance in the account, any charge

to a current account under the authority of this section shall

be reversed and recorded against the expired account: Provided

further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to

1 percent of the total appropriation for that account.

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

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

and administration costs for facilities maintenance and repair,

minor construction, or design projects may be obligated at the

time the reimbursable order is accepted by the performing activity:

Provided, That for the purpose of this section, supervision and

administration costs includes all in-house Government cost.

SEC. 8081. During the current fiscal year, the Secretary of

Defense may waive reimbursement of the cost of conferences, seminars, courses of instruction, or similar educational activities of

the Asia-Pacific Center for Security Studies for military officers

and civilian officials of foreign nations if the Secretary determines

that attendance by such personnel, without reimbursement, is in

the national security interest of the United States: Provided, That

costs for which reimbursement is waived pursuant to this section

shall be paid from appropriations available for the Asia-Pacific

Center.

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

the Chief of the National Guard Bureau may permit the use of

equipment of the National Guard Distance Learning Project by

any person or entity on a space-available, reimbursable basis. The

Chief of the National Guard Bureau shall establish the amount

of reimbursement for such use on a case-by-case basis.

Applicability.

115 STAT. 2266 PUBLIC LAW 107–117—JAN. 10, 2002

(b) Amounts collected under subsection (a) shall be credited

to funds available for the National Guard Distance Learning Project

and be available to defray the costs associated with the use of

equipment of the project under that subsection. Such funds shall

be available for such purposes without fiscal year limitation.

SEC. 8083. Using funds available by this Act or any other

Act, the Secretary of the Air Force, pursuant to a determination

under section 2690 of title 10, United States Code, may implement

cost-effective agreements for required heating facility modernization

in the Kaiserslautern Military Community in the Federal Republic

of Germany: Provided, That in the City of Kaiserslautern such

agreements will include the use of United States anthracite as

the base load energy for municipal district heat to the United

States Defense installations: Provided further, That at Landstuhl

Army Regional Medical Center and Ramstein Air Base, furnished

heat may be obtained from private, regional or municipal services,

if provisions are included for the consideration of United States

coal as an energy source.

SEC. 8084. Notwithstanding 31 U.S.C. 3902, during the current

fiscal year and hereafter, interest penalties may be paid by the

Department of Defense from funds financing the operation of the

military department or defense agency with which the invoice or

contract payment is associated.

SEC. 8085. None of the funds appropriated in title IV of this

Act may be used to procure end-items for delivery to military

forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items

used in development, prototyping, and test activities preceding and

leading to acceptance for operational use: Provided further, That

this restriction does not apply to programs funded within the

National Foreign Intelligence Program: Provided further, That the

Secretary of Defense may waive this restriction on a case-by-case

basis by certifying in writing to the Committees on Appropriations

of the House of Representatives and the Senate that it is in the

national security interest to do so.

SEC. 8086. Of the funds made available under the heading

‘‘Operation and Maintenance, Air Force’’, not less than $1,500,000

shall be made available by grant or otherwise, to the Council

of Athabascan Tribal Governments, to provide assistance for health

care, monitoring and related issues associated with research conducted from 1955 to 1957 by the former Arctic Aeromedical Laboratory.

SEC. 8087. In addition to the amounts appropriated or otherwise

made available in this Act, $3,500,000, to remain available until

September 30, 2002, is hereby appropriated to the Department

of Defense: Provided, That the Secretary of Defense shall make

a grant in the amount of $3,500,000 to the American Red Cross

for Armed Forces Emergency Services.

SEC. 8088. None of the funds made available in this Act may

be used to approve or license the sale of the F–22 advanced tactical

fighter to any foreign government.

SEC. 8089. (a) The Secretary of Defense may, on a case-bycase 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

31 USC 3902

note.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2267

the foreign country, or would invalidate reciprocal trade agreements

for the procurement of defense items entered into under section

2531 of title 10, United States Code, and the country does not

discriminate against the same or similar defense items produced

in the United States for that country.

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

(1) contracts and subcontracts entered into on or after

the date of the enactment of this Act; and

(2) options for the procurement of items that are exercised

after such date under contracts that are entered into before

such date if the option prices are adjusted for any reason

other than the application of a waiver granted under subsection

(a).

(c) Subsection (a) does not apply to a limitation regarding

construction of public vessels, ball and roller bearings, food, and

clothing or textile materials as defined by section 11 (chapters

50–65) of the Harmonized Tariff Schedule and products classified

under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,

7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through

7508, 8105, 8108, 8109, 8211, 8215, and 9404.

SEC. 8090. Funds made available to the Civil Air Patrol in

this Act under the heading ‘‘Drug Interdiction and Counter-Drug

Activities, Defense’’ may be used for the Civil Air Patrol Corporation’s counterdrug program, including its demand reduction program involving youth programs, as well as operational and training

drug reconnaissance missions for Federal, State, and local government agencies; and for equipment needed for mission support or

performance: Provided, That the Department of the Air Force should

waive reimbursement from the Federal, State, and local government

agencies for the use of these funds.

SEC. 8091. Section 8125 of the Department of Defense Appropriations Act, 2001 (Public Law 106–259), is hereby repealed.

SEC. 8092. Of the funds appropriated in this Act under the

heading ‘‘Research, Development, Test and Evaluation, Navy’’, up

to $2,600,000 may be made available for a Maritime Fire Training

Center at Barbers Point, including provision for laboratories,

construction, and other efforts associated with research, development, and other programs of major importance to the Department

of Defense.

SEC. 8093. (a) PROHIBITION.—None of the funds made available

by this Act may be used to support any training program involving

a unit of the security forces of a foreign country if the Secretary

of Defense has received credible information from the Department

of State that the unit has committed a gross violation of human

rights, unless all necessary corrective steps have been taken.

(b) MONITORING.—The Secretary of Defense, in consultation

with the Secretary of State, shall ensure that prior to a decision

to conduct any training program referred to in subsection (a), full

consideration is given to all credible information available to the

Department of State relating to human rights violations by foreign

security forces.

(c) WAIVER.—The Secretary of Defense, after consultation with

the Secretary of State, may waive the prohibition in subsection

(a) if he determines that such waiver is required by extraordinary

circumstances.

(d) REPORT.—Not more than 15 days after the exercise of any

waiver under subsection (c), the Secretary of Defense shall submit

Deadline.

114 Stat. 702.

115 STAT. 2268 PUBLIC LAW 107–117—JAN. 10, 2002

a report to the congressional defense committees describing the

extraordinary circumstances, the purpose and duration of the

training program, the United States forces and the foreign security

forces involved in the training program, and the information

relating to human rights violations that necessitates the waiver.

SEC. 8094. The Secretary of Defense, in coordination with the

Secretary of Health and Human Services, may carry out a program

to distribute surplus dental equipment of the Department of

Defense, at no cost to the Department of Defense, to Indian health

service facilities and to federally-qualified health centers (within

the meaning of section 1905(l)(2)(B) of the Social Security Act

(42 U.S.C. 1396d(l)(2)(B))).

SEC. 8095. The total amount appropriated in this Act is hereby

reduced by $240,000,000 to reflect savings from favorable foreign

currency fluctuations, to be derived as follows:

‘‘Military Personnel, Army’’, $39,400,000;

‘‘Military Personnel, Navy’’, $800,000;

‘‘Military Personnel, Marine Corps’’, $9,900,000;

‘‘Military Personnel, Air Force’’, $19,500,000;

‘‘Operation and Maintenance, Army’’, $87,600,000;

‘‘Operation and Maintenance, Navy’’, $18,300,000;

‘‘Operation and Maintenance, Marine Corps’’, $1,300,000;

‘‘Operation and Maintenance, Air Force’’, $33,800,000; and

‘‘Operation and Maintenance, Defense-Wide’’, $29,400,000.

SEC. 8096. None of the funds appropriated or made available

in this Act to the Department of the Navy shall be used to develop,

lease or procure the T–AKE class of ships unless the main propulsion diesel engines and propulsors are manufactured in the United

States by a domestically operated entity: Provided, That the Secretary of Defense may waive this restriction on a case-by-case

basis by certifying in writing to the Committees on Appropriations

of the House of Representatives and the Senate that adequate

domestic supplies are not available to meet Department of Defense

requirements on a timely basis and that such an acquisition must

be made in order to acquire capability for national security purposes

or there exists a significant cost or quality difference.

SEC. 8097. The budget of the President for fiscal year 2003

submitted to the Congress pursuant to section 1105 of title 31,

United States Code, and each annual budget request thereafter,

shall include separate budget justification documents for costs of

United States Armed Forces’ participation in contingency operations

for the Military Personnel accounts, the Overseas Contingency

Operations Transfer Fund, the Operation and Maintenance

accounts, and the Procurement accounts: Provided, That these

budget justification documents shall include a description of the

funding requested for each anticipated contingency operation, for

each military service, to include active duty and Guard and Reserve

components, and for each appropriation account: Provided further,

That these documents shall include estimated costs for each element

of expense or object class, a reconciliation of increases and decreases

for ongoing contingency operations, and programmatic data

including, but not limited to troop strength for each active duty

and Guard and Reserve component, and estimates of the major

weapons systems deployed in support of each contingency: Provided

further, That these documents shall include budget exhibits OP–

5 and OP–32, as defined in the Department of Defense Financial

10 USC 221 note.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2269

Management Regulation, for the Overseas Contingency Operations

Transfer Fund for fiscal years 2001 and 2002.

SEC. 8098. Notwithstanding any other provision of law, the

total amount appropriated in this Act under title I and title II

is hereby reduced by $50,000,000: Provided, That during the current

fiscal year, not more than 250 military and civilian personnel of

the Department of Defense shall be assigned to legislative affairs

or legislative liaison functions: Provided further, That of the 250

personnel assigned to legislative liaison or legislative affairs functions, 20 percent shall be assigned to the Office of the Secretary

of Defense and the Office of the Chairman of the Joint Chiefs

of Staff, 20 percent shall be assigned to the Department of the

Army, 20 percent shall be assigned to the Department of the Navy,

20 percent shall be assigned to the Department of the Air Force,

and 20 percent shall be assigned to the combatant commands:

Provided further, That of the personnel assigned to legislative liaison and legislative affairs functions, no fewer than 20 percent

shall be assigned to the Under Secretary of Defense (Comptroller),

the Assistant Secretary of the Army (Financial Management and

Comptroller), the Assistant Secretary of the Navy (Financial

Management and Comptroller), and the Assistant Secretary of the

Air Force (Financial Management and Comptroller).

SEC. 8099. None of the funds appropriated or otherwise made

available by this or other Department of Defense Appropriations

Acts may be obligated or expended for the purpose of performing

repairs or maintenance to military family housing units of the

Department of Defense, including areas in such military family

housing units that may be used for the purpose of conducting

official Department of Defense business.

SEC. 8100. Notwithstanding any other provision of law, funds

appropriated in this Act under the heading ‘‘Research, Development,

Test and Evaluation, Defense-Wide’’ for any advanced concept technology demonstration project may only be obligated 30 days after

a report, including a description of the project and its estimated

annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense

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

to the congressional defense committees that it is in the national

interest to do so.

SEC. 8101. Notwithstanding any other provision of law, for

the purpose of establishing all Department of Defense policies governing the provision of care provided by and financed under the

military health care system’s case management program under

10 U.S.C. 1079(a)(17), the term ‘‘custodial care’’ shall be defined

as care designed essentially to assist an individual in meeting

the activities of daily living and which does not require the supervision of trained medical, nursing, paramedical or other specially

trained individuals: Provided, That the case management program

shall provide that members and retired members of the military

services, and their dependents and survivors, have access to all

medically necessary health care through the health care delivery

system of the military services regardless of the health care status

of the person seeking the health care: Provided further, That the

case management program shall be the primary obligor for payment

of medically necessary services and shall not be considered as

secondarily liable to title XIX of the Social Security Act, other

welfare programs or charity based care.

115 STAT. 2270 PUBLIC LAW 107–117—JAN. 10, 2002

SEC. 8102. Notwithstanding any other provision in this Act,

the total amount appropriated in this Act is hereby reduced by

$262,000,000, to reduce cost growth in travel, to be distributed

as follows:

‘‘Operation and Maintenance, Army’’, $21,000,000;

‘‘Operation and Maintenance, Navy’’, $14,000,000;

‘‘Operation and Maintenance, Marine Corps’’, $4,000,000;

‘‘Operation and Maintenance, Air Force’’, $180,000,000;

‘‘Operation and Maintenance, Defense-wide’’, $20,000,000;

‘‘Operation and Maintenance, Army Reserve’’, $4,000,000;

‘‘Operation and Maintenance, Navy Reserve’’, $2,000,000;

‘‘Operation and Maintenance, Air Force Reserve’’,

$5,000,000;

‘‘Operation and Maintenance, Army National Guard’’,

$6,000,000; and

‘‘Operation and Maintenance, Air National Guard’’,

$6,000,000.

SEC. 8103. During the current fiscal year, refunds attributable

to the use of the Government travel card, refunds attributable

to the use of the Government Purchase Card and refunds attributable to official Government travel arranged by Government Contracted Travel Management Centers may be credited to operation

and maintenance accounts of the Department of Defense which

are current when the refunds are received.

SEC. 8104. (a) REGISTERING FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION

OFFICER.—None of the funds appropriated in this Act may be used

for a mission critical or mission essential financial management

information technology system (including a system funded by the

defense working capital fund) that is not registered with the Chief

Information Officer of the Department of Defense. A system shall

be considered to be registered with that officer upon the furnishing

to that officer of notice of the system, together with such information

concerning the system as the Secretary of Defense may prescribe.

A financial management information technology system shall be

considered a mission critical or mission essential information technology system as defined by the Under Secretary of Defense (Comptroller).

(b) CERTIFICATIONS AS TO COMPLIANCE WITH FINANCIAL

MANAGEMENT MODERNIZATION PLAN.—(1) During the current fiscal

year, a financial management major automated information system

may not receive Milestone I approval, Milestone II approval, or

Milestone III approval, or their equivalent, within the Department

of Defense until the Under Secretary of Defense (Comptroller) certifies, with respect to that milestone, that the system is being

developed in accordance with the Department’s Financial Management Modernization Plan. The Under Secretary of Defense (Comptroller) may require additional certifications, as appropriate, with

respect to any such system.

(2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications under

paragraph (1).

(c) DEFINITIONS.—For purposes of this section:

(1) The term ‘‘Chief Information Officer’’ means the senior

official of the Department of Defense designated by the Secretary of Defense pursuant to section 3506 of title 44, United

States Code.

Notification.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2271

(2) The term ‘‘information technology system’’ has the

meaning given the term ‘‘information technology’’ in section

5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

(3) The term ‘‘major automated information system’’ has

the meaning given that term in Department of Defense Directive 5000.1.

SEC. 8105. During the current fiscal year, none of the funds

available to the Department of Defense may be used to provide

support to another department or agency of the United States

if such department or agency is more than 90 days in arrears

in making payment to the Department of Defense for goods or

services previously provided to such department or agency on a

reimbursable basis: Provided, That this restriction shall not apply

if the department is authorized by law to provide support to such

department or agency on a nonreimbursable basis, and is providing

the requested support pursuant to such authority: Provided further, That the Secretary of Defense may waive this restriction on a

case-by-case basis by certifying in writing to the Committees on

Appropriations of the House of Representatives and the Senate

that it is in the national security interest to do so.

SEC. 8106. None of the funds provided in this Act may be

used to transfer to any nongovernmental entity ammunition held

by the Department of Defense that has a center-fire cartridge

and a United States military nomenclature designation of ‘‘armor

penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary

(API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an

entity performing demilitarization services for the Department of

Defense under a contract that requires the entity to demonstrate

to the satisfaction of the Department of Defense that armor piercing

projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant

to a contract with the Department of Defense or the manufacture

of ammunition for export pursuant to a License for Permanent

Export of Unclassified Military Articles issued by the Department

of State.

SEC. 8107. Notwithstanding any other provision of law, the

Chief of the National Guard Bureau, or his designee, may waive

payment of all or part of the consideration that otherwise would

be required under 10 U.S.C. 2667, in the case of a lease of personal

property for a period not in excess of 1 year to any organization

specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal

non-profit organization as may be approved by the Chief of the

National Guard Bureau, or his designee, on a case-by-case basis.

SEC. 8108. 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

Applicability.

Alcohol and

alcoholic

beverages.

10 USC 2488

note.

115 STAT. 2272 PUBLIC LAW 107–117—JAN. 10, 2002

another State: Provided further, That alcoholic beverages other

than wine and malt beverages, in contiguous States and the District

of Columbia shall be procured from the most competitive source,

price and other factors considered.

SEC. 8109. During the current fiscal year, under regulations

prescribed by the Secretary of Defense, the Center of Excellence

for Disaster Management and Humanitarian Assistance may also

pay, or authorize payment for, the expenses of providing or facilitating education and training for appropriate military and civilian

personnel of foreign countries in disaster management, peace operations, and humanitarian assistance.

SEC. 8110. (a) The Department of Defense is authorized to

enter into agreements with the Veterans Administration and federally-funded health agencies providing services to Native Hawaiians

for the purpose of establishing a partnership similar to the Alaska

Federal Health Care Partnership, in order to maximize Federal

resources in the provision of health care services by federallyfunded health agencies, applying telemedicine technologies. For the

purpose of this partnership, Native Hawaiians shall have the same

status as other Native Americans who are eligible for the health

care services provided by the Indian Health Service.

(b) The Department of Defense is authorized to develop a consultation policy, consistent with Executive Order No. 13084 (issued

May 14, 1998), with Native Hawaiians for the purpose of assuring

maximum Native Hawaiian participation in the direction and

administration of governmental services so as to render those services more responsive to the needs of the Native Hawaiian community.

(c) For purposes of this section, the term ‘‘Native Hawaiian’’

means any individual who is a descendant of the aboriginal people

who, prior to 1778, occupied and exercised sovereignty in the area

that now comprises the State of Hawaii.

SEC. 8111. In addition to the amounts provided elsewhere in

this Act, the amount of $8,500,000 is hereby appropriated for ‘‘Operation and Maintenance, Defense-Wide’’, to be available, notwithstanding any other provision of law, only for a grant to the United

Service Organizations Incorporated, a federally chartered corporation under chapter 2201 of title 36, United States Code. The grant

provided under authority of this section is in addition to any grant

provided for under any other provision of law.

SEC. 8112. Of the amounts appropriated in this Act under

the heading ‘‘Research, Development, Test and Evaluation, 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.

Contracts.

Regulations.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2273

(INCLUDING TRANSFER OF FUNDS)

SEC. 8114. Of the amounts appropriated in this Act under

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

$115,000,000 shall remain available until expended: Provided, That

notwithstanding any other provision of law, the Secretary of Defense

is authorized to transfer such funds to other activities of the Federal

Government.

SEC. 8115. None of the funds appropriated in this Act under

the heading ‘‘Overseas Contingency Operations Transfer Fund’’ may

be transferred or obligated for Department of Defense expenses

not directly related to the conduct of overseas contingencies: Provided, That the Secretary of Defense shall submit a report no

later than 30 days after the end of each fiscal quarter to the

Committees on Appropriations of the Senate and House of Representatives that details any transfer of funds from the ‘‘Overseas

Contingency Operations Transfer Fund’’: Provided further, That

the report shall explain any transfer for the maintenance of real

property, pay of civilian personnel, base operations support, and

weapon, vehicle or equipment maintenance.

SEC. 8116. In addition to amounts appropriated elsewhere in

this Act, $4,500,000 is hereby appropriated to the Department

of Defense: Provided, That the Secretary of the Army shall make

a grant in the amount of $4,500,000 to the Fort Des Moines Memorial Park and Education Center.

SEC. 8117. In addition to amounts appropriated elsewhere in

this Act, $4,250,000 is hereby appropriated to the Department

of Defense: Provided, That the Secretary of Defense shall make

a grant in the amount of $4,250,000 to the National D-Day Museum.

SEC. 8118. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the matter under

subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10

U.S.C. 113 note) shall continue in effect to apply to disbursements

that are made by the Department of Defense in fiscal year 2002.

SEC. 8119. In addition to amounts provided in this Act,

$1,700,000 is hereby appropriated for ‘‘Defense Health Program’’,

to remain available for obligation until expended: Provided, That

notwithstanding any other provision of law, these funds shall be

available only for a grant to the Fisher House Foundation, Inc.,

only for the construction and furnishing of additional Fisher Houses

to meet the needs of military family members when confronted

with the illness or hospitalization of an eligible military beneficiary.

SEC. 8120. (a) Section 8162 of the Department of Defense

Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106–

79) is amended—

(1) by redesignating subsection (m) as subsection (o); and

(2) by adding after subsection (l) the following:

‘‘(m) AUTHORITY TO ESTABLISH MEMORIAL.—

‘‘(1) IN GENERAL.—The Commission may establish a permanent memorial to Dwight D. Eisenhower on land under the

jurisdiction of the Secretary of the Interior in the District

of Columbia or its environs.

‘‘(2) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE

WORKS.—The establishment of the memorial shall be in accordance with the Commemorative Works Act (40 U.S.C. 1001

et seq.).’’.

Applicability.

10 USC 113 note.

Reports.

Deadline.

115 STAT. 2274 PUBLIC LAW 107–117—JAN. 10, 2002

(b) Section 8162 of the Department of Defense Appropriations

Act, 2000 (16 U.S.C. 431 note; Public Law 106–79) is amended— (1) in subsection (j)(2), by striking ‘‘accept gifts’’ and

inserting ‘‘solicit and accept contributions’’; and

(2) by inserting after subsection (m) (as added by subsection

(a)(2)) the following:

‘‘(n) MEMORIAL FUND.— ‘‘(1) ESTABLISHMENT.—There is created in the Treasury

a fund for the memorial to Dwight D. Eisenhower that includes

amounts contributed under subsection (j)(2). ‘‘(2) USE OF FUND.—The fund shall be used for the expenses

of establishing the memorial. ‘‘(3) INTEREST.—The Secretary of the Treasury shall credit

to the fund the interest on obligations held in the fund.’’. (c) In addition to the amounts appropriated or otherwise made

available elsewhere in this Act for the Department of Defense,

$2,600,000, to remain available until expended is hereby appropriated to the Department of Defense: Provided, That the Secretary of Defense shall make a grant in the amount of $2,600,000 to

the Dwight D. Eisenhower Memorial Commission for direct administrative support.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8121. In addition to the amounts appropriated elsewhere in this Act, $1,700,000, to remain available until expended, is

hereby appropriated to the Department of Defense: Provided, That

not later than 30 days after the enactment of this Act, the Secretary

of Defense shall transfer these funds to the Department of Energy

appropriation account ‘‘Fossil Energy Research and Development’’, only for a proposed conceptual design study to examine the feasibility of a zero emissions, steam injection process with possible

applications for increased power generation efficiency, enhanced

oil recovery and carbon sequestration.

SEC. 8122. In addition to amounts appropriated elsewhere in this Act, $8,000,000 shall be available only for the settlement of

subcontractor claims for payment associated with the Air Force

contract F19628–97–C–0105, Clear Radar Upgrade, at Clear AFS,

Alaska: Provided, That all affected subcontractors shall mutually

resolve the amounts claimed for payment by cooperative negotiation,

third-party mediation or other form of alternative dispute resolution

and shall present such claims to the Secretary of the Air Force:

Provided further, That the Secretary of the Air Force shall evaluate

claims as may be submitted by subcontractors, engaged under the

contract, and, notwithstanding any other provision of law shall

pay such amounts from the funds provided in this paragraph which

the Secretary deems appropriate to settle completely any claims

which the Secretary determines to have merit, with no right of

appeal in any forum: Provided further, That subcontractors are

to be paid interest, calculated in accordance with the Contract

Disputes Act of 1978, 41 U.S.C. 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

Contracts.

Claims.

Deadline.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2275

process reforms, management efficiencies, and procurement of

administrative and management support: Provided, That none of

the funds provided in this Act may be used for consulting and

advisory services for legislative affairs and legislative liaison functions.

SEC. 8124. Funds appropriated for Operation and Maintenance

in title II of this Act may be used to complete certain projects

for which funds have been provided from— (1) amounts appropriated for ‘‘Operation and Maintenance,

Navy’’ in section 110 of the Emergency Supplemental Act, 2000

(division B of Public Law 106–246; 114 Stat. 530); or

(2) amounts appropriated for ‘‘Operation and Maintenance,

Navy’’ in section 9001(a)(2)(i) of the Department of Defense

Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 709).

SEC. 8125. In addition to amounts provided elsewhere in this Act, $17,900,000 is hereby appropriated for the Secretary of Defense,

to remain available until expended, to establish a Regional Defense

Counter-terrorism Fellowship Program: Provided, That funding provided herein may be used by the Secretary to fund foreign military

officers to attend U.S. military educational institutions and selected

regional centers for non-lethal training: Provided further, That

United States Regional Commanders in Chief will be the nominative

authority for candidates and schools for attendance with joint staff

review and approval by the Secretary of Defense: Provided further, That the Secretary of Defense shall establish rules to govern the

administration of this program.

SEC. 8126. Notwithstanding any other provision of law, from

funds appropriated in this or any other Act under the heading,

‘‘Aircraft Procurement, Air Force’’, that remain available for obligation, not to exceed $26,700,000 shall be available for recording,

adjusting, and liquidating obligations for the C–17 aircraft properly

chargeable to the fiscal year 1998 and 1999 ‘‘Aircraft Procurement,

Air Force’’ account: Provided, That the Secretary of the Air Force

shall notify the congressional defense committees 30 days prior

to obligation of all of the specific sources of funds to be used

for such purpose.

SEC. 8127. Notwithstanding any other provision of law, from

funds appropriated in this or any other Act under the heading,

‘‘Missile Procurement, Air Force’’, that remain available for obligation, not to exceed $50,000,000 shall be available for recording,

adjusting, and liquidating obligations properly chargeable to fiscal

year 1997 and 1998 ‘‘Missile Procurement, Air Force’’ accounts:

Provided, That the Secretary of the Air Force shall notify the

congressional defense committees 30 days prior to obligation of

all of the specific sources of funds to be used for such purpose.

SEC. 8128. Notwithstanding any provisions of the Southern

Nevada Public Land Management Act of 1998, Public Law 105–

263, or the land use planning provision of section 202 of the Federal

Land Policy and Management Act of 1976, Public Law 94–579,

or of any other law to the contrary, the Secretary of the Interior

may acquire non-Federal lands adjacent to Nellis Air Force Base,

through a land exchange in Nevada, to ensure the continued safe

operation of live ordnance departure areas at Nellis Air Force

Base, Las Vegas, Nevada. The Secretary of the Air Force shall

identify up to 220 acres of non-Federal lands needed to ensure

the continued safe operation of the live ordnance departure areas

at Nellis Air Force Base. Any such identified property acquired

Notification.

Notification.

Rules.

10 USC note

prec. 2161.

115 STAT. 2276 PUBLIC LAW 107–117—JAN. 10, 2002

by exchange by the Secretary of the Interior shall be transferred

by the Secretary of the Interior to the jurisdiction, custody, and

control of the Secretary of the Air Force to be managed as a

part of Nellis Air Force Base. To the extent the Secretary of the

Interior is unable to acquire non-Federal lands by exchange, the

Secretary of the Air Force is authorized to purchase those lands

at fair market value subject to available appropriations.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8129. Of the amounts appropriated in this Act under

the heading, ‘‘Shipbuilding and Conversion, Navy’’, $729,248,000

shall be available until September 30, 2002, to fund prior year

shipbuilding cost increases: Provided, That upon enactment of this

Act, the Secretary of the Navy shall transfer such funds to the

following appropriations in the amounts specified: Provided further,

That the amounts transferred shall be merged with and be available

for the same purposes as the appropriations to which transferred:

To:

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1995/2002’’:

Carrier Replacement Program, $169,364,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1996/2002’’:

LPD–17 Amphibious Transport Dock Ship Program, $172,989,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1997/2002’’:

DDG–51 Destroyer Program, $35,200,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1998/2002’’:

NSSN Program, $166,561,000;

DDG–51 Destroyer Program, $108,457,000;

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 1999/2002’’:

NSSN Program, $60,429,000.

Under the heading, ‘‘Shipbuilding and Conversion,

Navy, 2001/2005’’:

Submarine Refuelings, $16,248,000.

(TRANSFER OF FUNDS)

SEC. 8130. Upon enactment of this Act, the Secretary of the

Navy shall make the following transfers of funds: Provided, That

the amounts transferred shall be available for the same purpose

as the appropriations to which transferred, and for the same time

period as the appropriation from which transferred: Provided further, That the amounts shall be transferred between the following

appropriations in the amount specified:

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1990/2002’’:

TRIDENT ballistic missile submarine program,

$78,000;

SSN–21 attack submarine program, $66,000;

DDG–51 destroyer program, $6,100,000;

ENTERPRISE refueling/modernization program,

$964,000;

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2277

LSD–41 dock landing ship cargo variant ship program, $237,000; MCM mine countermeasures program, $118,000;

Oceanographic ship program, $2,317,000;

AOE combat support ship program, $164,000;

AO conversion program, $56,000;

Coast Guard icebreaker ship program, $863,000;

Craft, outfitting, post delivery, and ship special support equipment, $529,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1998/2002’’: DDG–51 destroyer program, $11,492,000;

From:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1993/2002’’:

DDG–51 destroyer program, $3,986,000;

LHD–1 amphibious assault ship program, $85,000;

LSD–41 dock landing ship cargo variant program, $428,000; AOE combat support ship program, $516,000;

Craft, outfitting, post delivery, and first destination transportation, and inflation adjustments, $1,034,000;

To:

Under the heading, ‘‘Shipbuilding and Conversion, Navy,

1998/2002’’: DDG–51 destroyer program, $6,049,000.

(INCLUDING TRANSFER OF FUNDS)

SEC. 8131. Of the funds appropriated by this Act under the

heading, ‘‘Operation and Maintenance, Navy’’, $56,000,000 shall

remain available until expended, only for costs associated with

the stabilization, return, refitting, necessary force protection

upgrades, and repair of the U.S.S. COLE: Provided, That the Secretary of Defense may transfer these funds to appropriations

accounts for procurement and that the funds transferred shall be

merged with and shall be available for the same purposes and

for the same time period as the appropriation to which transferred:

Provided further, That the transfer authority provided in this section is in addition to any other transfer authority available to

the Department of Defense.

SEC. 8132. (a) 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.

Gwitchyaa Zhee

Corporation.

115 STAT. 2278 PUBLIC LAW 107–117—JAN. 10, 2002

7622 arising out of the collision involving the U.S.S.

GREENEVILLE and the EHIME MARU, in any amount and without regard to the monetary limitations in subsections (a) and (b)

of that section: Provided, That such payments shall be made from

funds available to the Department of the Navy for operation and

maintenance.

SEC. 8134. Notwithstanding section 229(a) of the Social Security

Act, no wages shall be deemed to have been paid to any individual

pursuant to that section in any calendar year after 2001.

SEC. 8135. The total amount appropriated in this Act is hereby reduced by $105,000,000 to reflect fact-of-life changes in utilities

costs, to be derived as follows: ‘‘Operation and Maintenance, Army’’, $34,700,000; ‘‘Operation and Maintenance, Navy’’, $8,800,000; ‘‘Operation and Maintenance, Marine Corps’’, $7,200,000; ‘‘Operation and Maintenance, Air Force’’, $28,800,000; ‘‘Operation and Maintenance, Defense-Wide’’, $4,500,000; ‘‘Operation and Maintenance, Army Reserve’’, $2,700,000; ‘‘Operation and Maintenance, Army National Guard’’, $2,700,000; ‘‘Operation and Maintenance, Air National Guard’’, $3,400,000; ‘‘Defense Working Capital Funds’’, $7,100,000; and ‘‘Defense Health Program’’, $5,100,000.

SEC. 8136. (a) Of the total amount appropriated for ‘‘Operation

and Maintenance, Air Force’’, $2,100,000, to remain available until

expended, shall be available to the Secretary of the Air Force

only for the purpose of making a grant in the amount of $2,100,000

to the Lafayette Escadrille Memorial Foundation, Inc., to be used

to perform the repair, restoration, and preservation of the structure,

plaza, and surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-Coguette, France.

(b) The Secretary shall require as a condition of the grant—

(1) that the funds provided through the grant be used

only for costs associated with such repair, restoration, and

preservation; and

(2) that none of those funds may be used for remuneration

of any entity or individual associated with fund raising for

the project to carry out such repair, restoration, and preservation.

SEC. 8137. (a) DESIGNATION OF NATIONAL MEMORIAL.—The fivefoot-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

California.

16 USC 431 note.

42 USC 429 note.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2279

for the administration of the Mojave National Preserve to acquire

a replica of the original memorial plaque and cross placed at the

national World War I memorial designated by subsection (a) and

to install the plaque in a suitable location on the grounds of the

memorial.

SEC. 8138. In addition to the amounts provided elsewhere in this Act, the amount of $4,200,000 is hereby appropriated to the

Department of Defense for ‘‘Operation and Maintenance, Navy’’. Such amount shall be used by the Secretary of the Navy only

to make a grant in the amount of $4,200,000 to the U.S.S. Alabama

Battleship Foundation, a nonprofit organization established under

the laws of the State of Alabama, to be available only for the

preservation of the former U.S.S. ALABAMA (ex BB–60) as a

museum and memorial.

SEC. 8139. In addition to the amounts provided elsewhere in this Act, the amount of $4,250,000 is hereby appropriated to the

Department of Defense for ‘‘Operation and Maintenance, Navy’’. Such amount shall be used by the Secretary of the Navy only

to make a grant in the amount of $4,250,000 to the Intrepid SeaAir-Space Foundation only for the preservation of the former U.S.S.

INTREPID (CV 11) as a museum and memorial.

SEC. 8140. In addition to the amounts provided elsewhere in

this Act, the amount of $6,000,000 is hereby appropriated to the

Department of Defense for ‘‘Operation and Maintenance, Air Force’’.

Such amount shall be used by the Secretary of the Air Force

only to make a grant in the amount of $6,000,000 to the Medical

Lake School District, Washington State school district number 326,

for relocation of the Fairchild Air Force Base Elementary School

within the boundary of Fairchild Air Force Base, Washington.

SEC. 8141. In addition to the amounts provided elsewhere in

this Act, the amount of $3,500,000 is hereby appropriated to the

Department of Defense for ‘‘Operation and Maintenance, Navy’’.

Such amount shall be used by the Secretary of the Navy only

to make a grant in the amount of $3,500,000 to the Central Kitsap

School District, Washington State school district number 401, for

the purchase and installation of equipment for a special needs

learning center to meet the needs of Department of Defense special

needs students at Submarine Base Bangor, Washington.

SEC. 8142. (a) In addition to amounts provided elsewhere in

this Act, the amount of $8,500,000 is hereby appropriated for ‘‘Operation and Maintenance, Defense-Wide’’, to be available to the Secretary of Defense only for the purpose of making a grant for the

purpose specified in section 8156 of the Department of Defense

Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 707),

as amended by subsection (b). Such grant shall be made not later

than 90 days after the date of the enactment of this Act.

(b) Section 8156 of the Department of Defense Appropriations

Act, 2001 (Public Law 106–259; 114 Stat. 707), is amended by

striking the comma after ‘‘California’’ the first place it appears

and all that follows through ‘‘96–8867)’’.

SEC. 8143. (a) ACTIVITIES UNDER FORMERLY UTILIZED SITES

REMEDIAL ACTION PROGRAM.—Subject to subsections (b) through

(e) of section 611 of Public Law 106–60 (113 Stat. 502; 10 U.S.C.

2701 note), the Secretary of the Army, acting through the Chief

of Engineers, under the Formerly Utilized Sites Remedial Action

Program shall undertake the functions and activities specified in

subsection (a) of such section in order to—

Deadline.

115 STAT. 2280 PUBLIC LAW 107–117—JAN. 10, 2002

(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 NRCLicensed Facilities, dated July 5, 2001.

(b) SPECIAL RULES REGARDING SHALLOW LAND DISPOSAL

AREA.—The Secretary of the Army shall seek to recover response

costs incurred by the Army Corps of Engineers for cleanup of

the Shallow Land Disposal Area from appropriate responsible parties in accordance with the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601

et seq.). The Secretary of the Army and the Corps of Engineers

shall not, by virtue of this cleanup, become liable for the actions

or omissions of past, current, or future licensees, owners, or operators of the Shallow Land Disposal Area.

(c) FUNDING SOURCES.—Amounts appropriated to the Army

Corps of Engineers for fiscal year 2001 and subsequent fiscal years

and available for the Formerly Utilized Sites Remedial Action Program shall be available to carry out this section.

SEC. 8144. In addition to amounts otherwise appropriated or

made available by this Act, $3,000,000 is appropriated to the Secretary of the Air Force and shall be used by the Secretary to

reestablish the Tethered Aerostat Radar System at Morgan City,

Louisiana, previously used by the Air Force in maritime, air, and

land counter-drug detection and monitoring. Of the amounts appropriated or otherwise made available for operation and maintenance

for the Air Force, the Secretary shall use $3,000,000 to operate

such Tethered Aerostat Radar System upon its reestablishment.

SEC. 8145. The $100,000 limitation established by section 8046

in Public Law 106–79 and section 8043 of Public Law 106–259,

shall not apply to amounts appropriated in that Act under the

heading ‘‘Operation and Maintenance, Defense-Wide’’ for expenses

related to certain classified activities associated with foreign material.

SEC. 8146. The total amount appropriated in this Act for Operation and Maintenance is hereby reduced by $100,000,000, to reflect

savings attributable to improved supervision in determining appropriate purchases to be made using the Government purchase card,

to be derived as follows:

‘‘Operation and Maintenance, Army’’, $37,000,000;

‘‘Operation and Maintenance, Navy’’, $29,000,000;

‘‘Operation and Maintenance, Marine Corps’’, $3,000,000;

‘‘Operation and Maintenance, Air Force’’, $24,000,000; and

‘‘Operation and Maintenance, Defense-Wide’’, $7,000,000.

SEC. 8147. The Secretary of Defense and the Secretary of Veterans Affairs shall jointly conduct a comprehensive assessment

that identifies and evaluates changes to Department of Defense

and Department of Veterans Affairs health care delivery policies,

methods, practices, and procedures in order to provide improved

health care services at reduced costs to the taxpayer. This assessment shall include a detailed independent review, based on a statement of work authored by the Secretaries of both departments,

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2281

of options to collocate or share facilities and care providers in

areas where duplication and excess capacity may exist, optimize

economies of scale through joint procurement of supplies and services, institute cooperative service agreements, and partially or fully

integrate DOD and VA systems providing telehealth services,

computerized patient records, provider credentialing, surgical

quality assessment, rehabilitation services, administrative services,

and centers of excellence for specialized health care services. The

Secretaries shall jointly transmit a report to Congress by no later

than March 1, 2002, explaining the findings and conclusions of

this assessment, including detailed estimates of the costs, cost

savings, and service benefits of each recommendation, and making

legislative and administrative recommendations to implement the

results of this effort: Provided, That of the funds provided under

the heading ‘‘Defense Health Program’’ $2,500,000 shall be made

available only for the purpose of conducting the assessment

described in this section.

SEC. 8148. (a) Notwithstanding any other provision of law,

operation and maintenance funds provided in this Act may be

used for the purchase of ultralightweight camouflage net systems

as unit spares in order to modernize the current inventory of

camouflage screens to state-of-the-art protection standards more

quickly than would otherwise be the case.

(b) The authority provided by subsection (a) may not be used

until the Secretary of the Army submits to the congressional defense

committees a report certifying that, compared to the current system

that can be purchased with Army Operation and Maintenance

funds, the ultralightweight camouflage net system—

(1) is technically superior against multi-spectral threat sensors;

(2) is less costly per unit; and

(3) provides improved overall force protection.

SEC. 8149. ARMY ACQUISITION MANAGEMENT. (a) FUNDING

REDUCTION.—The amount appropriated in this Act for ‘‘Operation

and Maintenance, Army’’ is hereby reduced by $5,000,000 to reflect

efficiencies in Army acquisition management practices.

(b) REPORT TO CONGRESS ON ARMY REORGANIZATION.—The Secretary of the Army shall submit a report to the congressional

defense committees no later than April 15, 2002 providing a detailed

explanation of the final plans for realigning Army requirements

generation, acquisition, resource management, and Departmental

headquarters functions and systems. Such report shall include an

independent assessment of the Army plan by the Center for Naval

Analyses. Such report shall also include an analysis of the annual

budget and personnel savings derived from this reorganization plan

by major function compared to the fiscal year 2001 baseline for

fiscal years 2002 through 2008.

SEC. 8150. (a) NON-PROFIT ARMY VENTURE CAPITAL CORPORATION.—Of the funds made available for ‘‘Research, Development,

Test and Evaluation, Army’’, $25,000,000 shall be available to the

Secretary of the Army only for the purpose of funding a venture

capital investment corporation established pursuant to section 2371

of title 10 United States Code, to be derived as specified in subsection (b).

(b) FUNDING.—The amount specified in subsection (a) shall

be derived by reducing, on a pro rata basis, amounts made available

to the Army for basic research and applied research, except for

Deadline.

Reports.

Deadline.

115 STAT. 2282 PUBLIC LAW 107–117—JAN. 10, 2002

amounts for research projects designated as congressional special

interest items and amounts available to the Army for research,

development, test, and evaluation relating to the Future Combat

System.

SEC. 8151. Notwithstanding any other provision of law or regulation, the Secretary of Defense may exercise the provisions of

38 U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2)

as well as the following:

Pharmacists, Audiologists, and Dental Hygienists.

(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall

apply.

(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall

not apply.

SEC. 8152. (a) The Secretary of Defense may waive any requirement that the fiscal year 2001 Department of Defense financial

statement include the accounts and associated activities of the

Department of the Army and the Department of the Navy, to

the extent that the Secretary determines necessary due to the

effects of the terrorist attack on the Pentagon of September 11,

2001.

(b) If any accounts and associated activities of the Department

of the Army or the Department of the Navy are excluded from

the fiscal year 2001 Department of Defense financial statement

pursuant to subsection (a), the Secretary of Defense shall, as soon

as practicable after March 1, 2002, prepare and submit to the

Director of the Office of Management and Budget, a revised audited

financial statement for fiscal year 2001 that includes all such

accounts and activities.

(c) For purposes of this section, the term ‘‘fiscal year 2001

Department of Defense financial statement’’ means the audited

financial statement of the Department of Defense for fiscal year

2001 required by section 3515 of title 31, United States Code,

to be submitted to the Director of the Office of Management and

Budget not later than March 1, 2002.

SEC. 8153. Notwithstanding any other provision of this Act,

the Secretary of the Air Force may enter into a multiyear contract,

or extend an existing multiyear contract, for the C–17 aircraft:

Provided, That the authority to enter into such a contract (or

contract extension) may not be exercised until a period of not

less than 30 days has elapsed after the date of the submission

of a report under paragraph (4) of section 2306b(l) of title 10,

United States Code: Provided further, That the authorities provided

in this section shall not be available until the Secretary of Defense

submits to the congressional defense committees a certification

that the applicable requirements under section 2306b of title 10,

United States Code, and section 8008 of this Act with respect

to such a contract (or contract extension) have been met.

SEC. 8154. Notwithstanding any other provision of law, of the

funds appropriated in this Act under the heading ‘‘Operation and

Maintenance, Defense-Wide’’, $1,450,000, to remain available until

expended, is provided only for payment of any expenses incurred

after April 1, 2002 of the Commission on the Future of the United

States Aerospace Industry pursuant to section 1092(e)(1) of the

Floyd D. Spence National Defense Authorization Act for Fiscal

Year 2001 (as enacted by Public Law 106–398; 114 Stat. 165A–

215).

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2283

SEC. 8155. Of the funds appropriated in this Act under the

heading ‘‘Operation and Maintenance, Defense-Wide’’, $1,000,000,

to remain available until expended, shall be made available to

the Secretary of Defense, notwithstanding any other provision of

law, only for a grant or grants to the Somerset County Board

of Commissioners (in the Commonwealth of Pennsylvania), to design

and construct a memorial (including operating and maintenance

expenses for appropriate security measures to protect the site)

at the airplane crash site in Somerset County, Pennsylvania honoring the brave men, women, and children who perished following

a valiant struggle with terrorists aboard United Airlines Flight

93 on September 11, 2001.

SEC. 8156. (a) FINDINGS.—The Congress finds that— (1) in times when our national security is threatened by

possible attacks from foreign and domestic enemies, it is necessary that the United States have a sufficient supply of certain

products that are essential for defending this Nation; and

(2) it has been the consistent intent of Congress that the

Department of Defense, when purchasing items to support the

Armed Forces, choose items that are wholly of domestic content

and manufacture, especially items identified as essential to

our national defense.

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) it is vital that the United States maintain a domestic

manufacturing base for certain products necessary to national

security, so that our Nation does not become reliant on foreign

sources for such products and thereby vulnerable to disruptions

in international trade; and

(2) in cases where such domestic manufacturing base is

threatened, the United States should take action to preserve

such manufacturing base.

SEC. 8157. (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).

Deadline.

Reports.

115 STAT. 2284 PUBLIC LAW 107–117—JAN. 10, 2002

(c) Not later than 6 months after enactment of this Act, the

Secretary shall report to Congress on safety and security procedures

used for U.S. munitions shipments in European NATO countries,

and provide recommendations on what procedures or technologies

used in those countries should be adopted for shipments in the

United States.

SEC. 8158. In addition to the amounts appropriated or otherwise

made available elsewhere in this Act for the Department of Defense,

$15,000,000, to remain available until September 30, 2002 is hereby

appropriated to the Department of Defense: Provided, That the

Secretary of Defense shall make a grant in the amount of

$15,000,000 to the Citadel for the Padgett Thomas Barracks in

Charleston, South Carolina.

SEC. 8159. MULTI-YEAR AIRCRAFT LEASE PILOT PROGRAM. (a)

The Secretary of the Air Force may, from funds provided in this

Act or any future appropriations Act, establish and make payments

on a multi-year pilot program for leasing general purpose Boeing

767 aircraft and Boeing 737 aircraft in commercial configuration.

(b) Sections 2401 and 2401a of title 10, United States Code,

shall not apply to any aircraft lease authorized by this section.

(c) Under the aircraft lease Pilot Program authorized by this

section:

(1) The Secretary may include terms and conditions in

lease agreements that are customary in aircraft leases by a

non-Government lessor to a non-Government lessee, but only

those that are not inconsistent with any of the terms and

conditions mandated herein.

(2) The term of any individual lease agreement into which

the Secretary enters under this section shall not exceed 10

years, inclusive of any options to renew or extend the initial

lease term.

(3) The Secretary may provide for special payments in

a lessor if the Secretary terminates or cancels the lease prior

to the expiration of its term. Such special payments shall

not exceed an amount equal to the value of 1 year’s lease

payment under the lease.

(4) Subchapter IV of chapter 15 of title 31, United States

Code shall apply to the lease transactions under this section,

except that the limitation in section 1553(b)(2) shall not apply.

(5) The Secretary shall lease aircraft under terms and

conditions consistent with this section and consistent with the

criteria for an operating lease as defined in OMB Circular

A–11, as in effect at the time of the lease.

(6) Lease arrangements authorized by this section may

not commence until:

(A) The Secretary submits a report to the congressional

defense committees outlining the plans for implementing

the Pilot Program. The report shall describe the terms

and conditions of proposed contracts and describe the

expected savings, if any, comparing total costs, including

operation, support, acquisition, and financing, of the lease,

including modification, with the outright purchase of the

aircraft as modified.

(B) 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

Deadline.

Reports.

Deadline.

10 USC 2401a

note.

Deadline.

Reports.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2285

thereafter on the anniversary of the first delivery, the Secretary

shall submit a report to the congressional defense committees

describing the status of the Pilot Program. The Report will

be based on at least 6 months of experience in operating the

Pilot Program.

(8) The Air Force shall accept delivery of the aircraft in

a general purpose configuration.

(9) At the conclusion of the lease term, each aircraft

obtained under that lease may be returned to the contractor

in the same configuration in which the aircraft was delivered.

(10) The present value of the total payments over the

duration of each lease entered into under this authority shall

not exceed 90 percent of the fair market value of the aircraft

obtained under that lease.

(d) No lease entered into under this authority shall provide

for—

(1) the modification of the general purpose aircraft from

the commercial configuration, unless and until separate

authority for such conversion is enacted and only to the extent

budget authority is provided in advance in appropriations Acts

for that purpose; or

(2) the purchase of the aircraft by, or the transfer of ownership to, the Air Force.

(e) The authority granted to the Secretary of the Air Force

by this section is separate from and in addition to, and shall

not be construed to impair or otherwise affect, the authority of

the Secretary to procure transportation or enter into leases under

a provision of law other than this section.

(f) The authority provided under this section may be used

to lease not more than a total of 100 Boeing 767 aircraft and

4 Boeing 737 aircraft for the purposes specified herein.

SEC. 8160. From within amounts made available in the title

II of this Act, under the heading ‘‘Operation and Maintenance,

Army National Guard’’, and notwithstanding any other provision

of law, $2,200,000 shall be available only for repairs and safety

improvements to the segment of Camp McCain Road which extends

from Highway 8 south toward the boundary of Camp McCain,

Mississippi and originating intersection of Camp McCain Road;

and for repairs and safety improvements to the segment of Greensboro Road which connects the Administration Offices of Camp

McCain to the Troutt Rifle Range: Provided, That these funds

shall remain available until expended: Provided further, That the

authorized scope of work includes, but is not limited to, environmental documentation and mitigation, engineering and design,

improving safety, resurfacing, widening lanes, enhancing shoulders,

and replacing signs and pavement markings.

SEC. 8161. From funds made available under title II of this

Act, the Secretary of the Army may make available a grant of

$2,100,000 to the Chicago Park District for renovation of the Broadway Armory, a former National Guard facility in the Edgewater

community in Chicago.

SEC. 8162. SENSE OF CONGRESS CONCERNING THE MILITARY

INDUSTRIAL BASE. (a) IN GENERAL.— It is the sense of the Congress

that the military aircraft industrial base of the United States be

preserved. In order to ensure this we must retain—

(1) adequate competition in the design, engineering, production, sale and support of military aircraft;

115 STAT. 2286 PUBLIC LAW 107–117—JAN. 10, 2002

(2) continued innovation in the development and manufacture of military aircraft;

(3) actual and future capability of more than one aircraft

company to design, engineer, produce and support military

aircraft.

(b) STUDY OF IMPACT ON THE INDUSTRIAL BASE.—In order to

determine the current and future adequacy of the military aircraft

industrial base a study shall be conducted. Of the funds made

available under the heading ‘‘PROCUREMENT, DEFENSE-WIDE’’ in

this Act, up to $1,500,000 may be made available for a comprehensive analysis of and report on the risks to innovation and cost

of limited or no competition in contracting for military aircraft

and related weapon systems for the Department of Defense,

including the cost of contracting where there is no more than

one primary manufacturer with the capacity to bid for and build

military aircraft and related weapon systems, the impact of any

limited competition in primary contracting on innovation in the

design, development, and construction of military aircraft and

related weapon systems, the impact of limited competition in primary contracting on the current and future capacity of manufacturers to design, engineer and build military aircraft and weapon

systems. The Secretary of Defense shall report to the House and

Senate Committees on Appropriations on the design of this analysis,

and shall submit a report to these committees no later than 6

months from the date of enactment of this Act.

SEC. 8163. In addition to the amounts appropriated or otherwise

made available in this Act, $5,200,000, to remain available until

September 30, 2002, is hereby appropriated to the Department

of Defense: Provided, That the Secretary of Defense shall make

a grant in the amount of $5,200,000 to the Armed Forces Retirement

Homes.

SEC. 8164. (a) ASSESSMENT REQUIRED.—Not later than March

15, 2002, the Secretary of the Army shall submit to the Committees

on Appropriations of the Senate and House of Representatives

a report containing an assessment of current risks under, and

various alternatives to, the current Army plan for the destruction

of chemical weapons.

(b) ELEMENTS.—The report under subsection (a) shall include

the following:

(1) A description and assessment of the current risks in

the storage of chemical weapons arising from potential terrorist

attacks.

(2) A description and assessment of the current risks in

the storage of chemical weapons arising from storage of such

weapons after April 2007, the required date for disposal of

such weapons as stated in the Chemical Weapons Convention.

(3) A description and assessment of various options for

eliminating or reducing the risks described in paragraphs (1)

and (2).

(c) CONSIDERATIONS.—In preparing the report, the Secretary

shall take into account the plan for the disassembly and neutralization of the agents in chemical weapons as described in Army

engineering studies in 1985 and 1996, the 1991 Department of

Defense Safety Contingency Plan, and the 1993 findings of the

National Academy of Sciences on disassembly and neutralization

of chemical weapons.

Deadline.

Reports.

Reports.

Deadline.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2287

SEC. 8165. Of the amount appropriated by title II for operation and maintenance, Defense-wide, $47,261,000 may be available for

the Defense Leadership and Management Program.

SEC. 8166. SENSE OF THE CONGRESS REGARDING ENVIRON- MENTAL CONTAMINATION IN THE PHILIPPINES. It is the sense of

the Congress that— (1) the Secretary of State, in cooperation with the Secretary

of Defense, should continue to work with the Government of

the Philippines and with appropriate non-governmental

organizations in the United States and the Philippines to fully

identify and share all relevant information concerning environmental contamination and health effects emanating from former

United States military facilities in the Philippines following

the departure of the United States military forces from the

Philippines in 1992;

(2) the United States and the Government of the Philippines should continue to build upon the agreements outlined

in the Joint Statement by the United States and the Republic

of the Philippines on a Framework for Bilateral Cooperation

in the Environment and Public Health, signed on July 27,

2000; and

(3) Congress should encourage an objective non-governmental study, which would examine environmental contamination and health effects emanating from former United States

military facilities in the Philippines, following the departure

of United States military forces from the Philippines in 1992.

SEC. 8167. (a) AUTHORITY FOR BURIAL OF CERTAIN INDIVIDUALS

AT ARLINGTON NATIONAL CEMETERY.—The Secretary of the Army

shall authorize the burial in a separate gravesite at Arlington

National Cemetery, Virginia, of any individual who—

(1) died as a direct result of the terrorist attacks on the

United States on September 11, 2001; and

(2) would have been eligible for burial in Arlington National

Cemetery by reason of service in a reserve component of the

Armed Forces but for the fact that such individual was less

than 60 years of age at the time of death.

(b) ELIGIBILITY OF SURVIVING SPOUSE.—The surviving spouse

of an individual buried in a gravesite in Arlington National Cemetery under the authority provided under subsection (a) shall be

eligible for burial in the gravesite of the individual to the same

extent as the surviving spouse of any other individual buried in

Arlington National Cemetery is eligible for burial in the gravesite

of such other individual.

SEC. 8168. In fiscal year 2002, the Department of the Interior

National Business Center may continue to enter into grants,

cooperative agreements, and other transactions, under the Defense

Conversion, Reinvestment, and Transition Assistance Act of 1992,

and other related legislation.

SEC. 8169. Of the total amount appropriated by this division

for ‘‘Operation and Maintenance, Defense-Wide’’, $3,500,000 may

be available for payments under section 363 of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001 (as enacted

into law by Public Law 106–398; 114 Stat. 1654A–77).

SEC. 8170. Of the total amount appropriated by this division

for ‘‘Operation and Maintenance, Air National Guard’’, $435,000

may be available (subject to section 2805(c) of title 10, United

States Code) for the replacement of deteriorating gas lines, mains,

115 STAT. 2288 PUBLIC LAW 107–117—JAN. 10, 2002

valves, and fittings at the Air National Guard facility at Rosecrans

Memorial Airport, St. Joseph, Missouri, and (subject to section

2811 of title 10, United States Code) for the repair of the roof

of the Aerial Port Facility at that airport.

SEC. 8171. Not later than 180 days after the date of enactment

of this Act, the Secretary of Defense, in cooperation with the Secretaries of State and Energy, shall submit a report to Congress

describing the steps that have been taken to develop cooperative

threat reduction programs with India and Pakistan. Such report

shall include recommendations for changes in any provision of

existing law that is currently an impediment to the full establishment of such programs, a timetable for implementation of such

programs, and an estimated 5-year budget that will be required

to fully fund such programs.

SEC. 8172. (a) MODIFICATION OF GENERAL REQUIREMENTS.—

Section 1078(b) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106–

398; 114 Stat. 1654A–283) is amended—

(1) in paragraph (1), by inserting ‘‘, or its contractors or

subcontractors,’’ after ‘‘Department of Defense’’; and

(2) in paragraph (3), by striking ‘‘stored, assembled, disassembled, or maintained’’ and inserting ‘‘manufactured, assembled, or disassembled’’.

(b) DETERMINATION OF EXPOSURES AT IAAP.—The Secretary

of Defense shall take appropriate actions to determine the nature

and extent of the exposure of current and former employees at

the Army facility at the Iowa Army Ammunition Plant, including

contractor and subcontractor employees at the facility, to radioactive

or other hazardous substances at the facility, including possible

pathways for the exposure of such employees to such substances.

(c) NOTIFICATION OF EMPLOYEES REGARDING EXPOSURE.—(1)

The Secretary shall take appropriate actions to—

(A) identify current and former employees at the facility

referred to in subsection (b), including contractor and subcontractor employees at the facility; and

(B) notify such employees of known or possible exposures

to radioactive or other hazardous substances at the facility.

(2) Notice under paragraph (1)(B) shall include—

(A) information on the discussion of exposures covered by

such notice with health care providers and other appropriate

persons who do not hold a security clearance; and

(B) if necessary, appropriate guidance on contacting health

care providers and officials involved with cleanup of the facility

who hold an appropriate security clearance.

(3) Notice under paragraph (1)(B) shall be by mail or other

appropriate means, as determined by the Secretary.

(d) DEADLINE FOR ACTIONS.—The Secretary shall complete the

actions required by subsections (b) and (c) not later than 90 days

after the date of the enactment of this Act.

(e) 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

Deadline.

Deadline.

Reports.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2289

of progress on the provision of the notice to such workers under

subsection (c)(1)(B).

SEC. 8173. None of the funds made available in division A

of this Act may be used to provide support or other assistance

to the International Criminal Court or to any criminal investigation

or other prosecutorial activity of the International Criminal Court.

TITLE IX

COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS

OF MASS DESTRUCTION

COUNTER-TERRORISM AND OPERATIONAL RESPONSE TRANSFER FUND

(INCLUDING TRANSFER OF FUNDS)

For protection against terrorist attacks that might employ

either conventional means or weapons of mass destruction, and

to prepare against the consequences of such attacks; to deny

unauthorized users the opportunity to modify, steal, inappropriately

disclose, or destroy sensitive military data or networks; and to

accelerate improvements in information networks and operations,

$478,000,000: Provided, That of the amounts made available under

this heading, $333,000,000 is available only for improving force

protection and chemical and biological defense capabilities of the

Department of Defense, and improving capabilities to respond to

attacks using weapons of mass destruction: Provided further, That

$70,000,000 is available only for improving the effectiveness of

Department of Defense capabilities in the areas of information

assurance and critical infrastructure protection, and information

operations; and $75,000,000 is available only to develop and demonstrate systems to protect against unconventional nuclear threats:

Provided further, That in order to carry out the specified purposes

under this heading, funds made available under this heading may

be transferred to any appropriation account otherwise enacted by

this Act: Provided further, That the funds transferred shall be

merged with and shall be available for the same purposes and

for the same time period as the appropriation to which transferred:

Provided further, That the transfer authority provided under this

heading is in addition to any other transfer authority available

to the Department of Defense: Provided further, 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

Deadline.

Reports.

115 STAT. 2290 PUBLIC LAW 107–117—JAN. 10, 2002

this heading, $12,750,000 shall be available only to support the

dismantling and disposal of nuclear submarines and submarine

reactor components in the Russian Far East.

This division may be cited as the ‘‘Department of Defense

Appropriations Act, 2002’’.

DIVISION B—TRANSFERS FROM THE EMERGENCY

RESPONSE FUND PURSUANT TO PUBLIC LAW 107–38

The funds appropriated in Public Law 107–38 subject to subsequent enactment and previously designated as an emergency by

the President and Congress under the Balanced Budget and Emergency Deficit Control Act of 1985, are transferred to the following

chapters and accounts as follows:

CHAPTER 1

DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Office of the Secretary’’, $80,919,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$40,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

BUILDINGS AND FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Buildings and Facilities’’,

$73,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$105,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, of which

$50,000,000 may be transferred to and merged with the Agricultural

Quarantine Inspection User Fee Account.

BUILDINGS AND FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Buildings and Facilities’’,

Emergency

Supplemental

Act, 2002.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2291

$14,081,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

FOOD SAFETY AND INSPECTION SERVICE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Food Safety and Inspection Service’’, $15,000,000, to remain available until expended, to

be obligated from amounts made available in Public Law 107– 38.

FOOD AND NUTRITION SERVICE

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,

AND CHILDREN (WIC)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Special Supplemental

Nutrition Program for Women, Infants, and Children (WIC)’’,

$39,000,000, to remain available until September 30, 2003, to be

obligated from amounts made available in Public Law 107–38:

Provided, 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’’.

Ante, p. 730.

Deadline.

115 STAT. 2292 PUBLIC LAW 107–117—JAN. 10, 2002

SEC. 102. Section 741(b) of the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (Public Law 107–76), is amended by striking ‘‘20,000,000 pounds’’ and inserting ‘‘5,000,000 pounds’’.

CHAPTER 2

DEPARTMENT OF JUSTICE

GENERAL ADMINISTRATION

USA PATRIOT ACT ACTIVITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Patriot Act Activities’’, $5,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, of which

up to $2,000,000 may be available for a feasibility report, as authorized by section 405 of Public Law 107–56: Provided, That funding

for the implementation of such enhancements shall be treated as

a reprogramming under section 605 of Public Law 107–77 and

shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

ADMINISTRATIVE REVIEW AND APPEALS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Administrative Review

and Appeals’’, $3,500,000, to remain available until expended, to

be obligated from amounts made available in Public Law 107–

38.

LEGAL ACTIVITIES

SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,

General Legal Activities’’, $12,500,000, to remain available until

expended, to be obligated from amounts made available in Public

Law 107–38.

SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,

United States Attorneys’’, $56,370,000, to remain available until

expended, to be obligated from amounts made available in Public

Law 107–38.

SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,

United States Marshals Service’’, $10,200,000, to remain available

until expended, to be obligated from amounts made available in

Public Law 107–38, of which $5,000,000 shall be for courthouse

security equipment.

Ante, p. 737.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2293

CONSTRUCTION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Construction’’, $9,125,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

FEDERAL BUREAU OF INVESTIGATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$745,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

IMMIGRATION AND NATURALIZATION SERVICE

SALARIES AND EXPENSES

ENFORCEMENT AND BORDER AFFAIRS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$449,800,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

CONSTRUCTION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Construction’’,

$99,600,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

OFFICE OF JUSTICE PROGRAMS

JUSTICE ASSISTANCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Justice Assistance’’, $400,000,000, to remain available until expended, for grants,

cooperative agreements, and other assistance authorized by sections

819 and 821 of the Antiterrorism and Effective Death Penalty

Act of 1996 and section 1014 of the USA PATRIOT ACT (Public

Law 107–56) and for other counter terrorism programs, to be obligated from amounts made available in Public Law 107–38, of which

$9,800,000 is for an aircraft for counterterrorism and other required

activities for the City of New York.

STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, $251,100,000 shall be for

discretionary grants, including equipment, under the Edward Byrne

Memorial State and Local Law Enforcement Assistance Program,

to remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

115 STAT. 2294 PUBLIC LAW 107–117—JAN. 10, 2002

CRIME VICTIMS FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Crime Victims Fund’’, $68,100,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operations and Administration’’, $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

EXPORT ADMINISTRATION

OPERATIONS AND ADMINISTRATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operations and Administration’’, $1,756,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

NATIONAL TELECOMMUNICATIONS AND INFORMATION

ADMINISTRATION

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND

CONSTRUCTION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Public Telecommunications Facilities, Planning and Construction’’, $8,250,000, to

remain available until expended, to be obligated from amounts

made available in Public Law 107–38: Provided, That matching

requirements set forth in section 392(b) of the Communications

Act of 1934, as amended, shall not apply to funds provided in

this Act.

UNITED STATES PATENT AND TRADEMARK OFFICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$1,500,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Scientific and Technical

Research and Services’’, $5,000,000 for a cyber security initiative,

to remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2295

CONSTRUCTION OF RESEARCH FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Construction of Research

Facilities’’, $1,225,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH, AND FACILITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operations, Research,

and Facilities’’, $2,750,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$4,776,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

THE JUDICIARY

SUPREME COURT OF THE UNITED STATES

CARE OF THE BUILDING AND GROUNDS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Care of the Building

and Grounds’’, $30,000,000, to remain available until expended

for security enhancements, to be obligated from amounts made

available in Public Law 107–38.

COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL

SERVICES

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $5,000,000, is for Emergency Communications Equipment, to

remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

COURT SECURITY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Court Security’’, $57,521,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, for security

of the Federal judiciary, of which not less than $4,000,000 shall

be available to reimburse the United States Marshals Service for

a Supervisory Deputy Marshal responsible for coordinating security

in each judicial district and circuit: Provided, That the funds may

115 STAT. 2296 PUBLIC LAW 107–117—JAN. 10, 2002

be expended directly or transferred to the United States Marshals

Service.

ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$2,879,000, to remain available until expended, to enhance security

at the Thurgood Marshall Federal Judiciary Building, to be obligated from amounts made available in Public Law 107–38.

DEPARTMENT OF STATE AND RELATED AGENCY

RELATED AGENCY

BROADCASTING BOARD OF GOVERNORS

INTERNATIONAL BROADCASTING OPERATIONS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘International Broadcasting Operations’’, $9,200,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38.

BROADCASTING CAPITAL IMPROVEMENTS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Broadcasting Capital

Improvements’’, $10,000,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38.

RELATED AGENCIES

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,’’

$1,301,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

SECURITIES AND EXCHANGE COMMISSION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$20,705,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2297

SMALL BUSINESS ADMINISTRATION

BUSINESS LOANS PROGRAM ACCOUNT

For emergency expenses for the cost of loan subsidies and

for loan modifications as authorized by section 203 of this Act,

for disaster recovery activities and assistance related to the terrorist

acts in New York, Virginia, and Pennsylvania on September 11,

2001, for ‘‘Business Loans Program Account’’, $75,000,000, to

remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

DISASTER LOANS PROGRAM ACCOUNT

For emergency expenses for the cost of loan subsidies and

for loan modifications as authorized by section 202 of this Act,

for disaster recovery activities and assistance related to the terrorist

acts in New York, Virginia, and Pennsylvania on September 11,

2001, for ‘‘Disaster Loans Program Account’’, $75,000,000, to remain

available until expended, to be obligated from amounts made available in Public Law 107–38.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 201. Funds appropriated by this Act for the Broadcasting

Board of Governors and the Department of State may be obligated

and expended notwithstanding section 313 of the Foreign Relations

Authorization Act, Fiscal Years 1994 and 1995, and section 15

of the State Department Basic Authorities Act of 1956, as amended.

SEC. 202. For purposes of assistance available under section

7(b)(2) and (4) of the Small Business Act (15 U.S.C. 636(b)(2)

and (4)) to small business concerns located in disaster areas declared

as a result of the September 11, 2001, terrorist attacks—

(i) the term ‘‘small business concern’’ shall include notfor-profit institutions and small business concerns described

in United States Industry Codes 522320, 522390, 523210,

523920, 523991, 524113, 524114, 524126, 524128, 524210,

524291, 524292, and 524298 of the North American Industry

Classification System (as described in 13 C.F.R. 121.201, as

in effect on January 2, 2001);

(ii) the Administrator may apply such size standards as

may be promulgated under such section 121.201 after the date

of enactment of this provision, but no later than 1 year following

the date of enactment of this Act; and

(iii) payments of interest and principal shall be deferred,

and no interest shall accrue during the 2-year period following

the issuance of such disaster loan.

SEC. 203. Notwithstanding any other provision of law, the

limitation on the total amount of loans under section 7(b) of the

Small Business Act (15 U.S.C. 636(b)) outstanding and committed

to a borrower in the disaster areas declared in response to the

September 11, 2001, terrorist attacks shall be increased to

$10,000,000 and the Administrator shall, in lieu of the fee collected

under section 7(a)(23)(A) of the Small Business Act (15 U.S.C.

636(a)(23)(A)), collect an annual fee of 0.25 percent of the outstanding balance of deferred participation loans made under section

7(a) to small businesses adversely affected by the September 11,

2001, terrorist attacks and their aftermath, for a period of 1 year

115 STAT. 2298 PUBLIC LAW 107–117—JAN. 10, 2002

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 5 years, and a projection of activities

to be undertaken through 2010;

(2) an estimate of the annual cost to the United States

to administer the Agreement;

(3) an assessment of how the Agreement has influenced

the policies of the People’s Republic of China toward scientific

and technological cooperation with the United States;

(4) an analysis of the involvement of Chinese nuclear

weapons and military missile specialists in the activities of

the Joint Commission;

(5) a determination of the extent to which the activities

conducted under the Agreement have enhanced the military

and industrial base of the People’s Republic of China, and

an assessment of the impact of projected activities through

2010, including transfers of technology, on China’s economic

and military capabilities; and

(6) recommendations on improving the monitoring of the

activities of the Commission by the Secretaries of Defense and

State.

The report shall be developed in consultation with the Secretaries

of Commerce, Defense, and Energy, the Directors of the National

Science Foundation and the Federal Bureau of Investigation, and

the intelligence community.

SEC. 205. From within funds available to the State of Alaska

or the Alaska Region of the National Marine Fisheries Service,

an additional $500,000 may be made available for the cost of

guaranteeing the reduction loan authorized under section

144(d)(4)(A) of title I, division B of Public Law 106–554 (114 Stat.

2763A–242) and that subparagraph is amended to read as follows:

‘‘(4)(A) The fishing capacity reduction program required under this

subsection is authorized to be financed through a reduction loan

of $100,000,000 under sections 1111 and 1112 of title XI of the

Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).’’.

SEC. 206. Title IV of the Departments of Commerce, Justice,

and State, the Judiciary and Related Agencies Appropriations Act,

2002 (Public Law 107–77) 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’’.

33 USC 857–19

note.

Ante, p. 784.

Deadline.

Reports.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2299

SEC. 208. Section 626(c) of the Departments of Commerce,

Justice, and State, the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law 107–77) is amended by striking ‘‘1:00CV03110(ESG)’’ and inserting ‘‘1:00CV03110(EGS)’’.

CHAPTER 3

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

DEFENSE EMERGENCY RESPONSE FUND

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Defense Emergency

Response Fund’’, $3,395,600,000, to remain available until

expended, to be obligated from amounts made available in Public

Law 107–38, as follows:

(1) For increased situational awareness, $850,000,000;

(2) For increased worldwide posture, $1,495,000,000;

(3) For offensive counterterrorism, $372,000,000;

(4) For initial crisis response, $39,100,000;

(5) For the Pentagon Reservation Maintenance Revolving

Fund, $475,000,000;

(6) For relocation costs and other purposes, $164,500,000:

Provided, That $500,000 shall be made available only for the

White House Commission on the National Moment of Remembrance:

Provided further, That from unobligated balances under the heading

‘‘Former Soviet Union Threat Reduction’’, $30,000,000 shall be

transferred to ‘‘Department of State, Nonproliferation, Anti-terrorism, Demining, and Related Programs’’ only for the purpose

of supporting expansion of the Biological Weapons Redirect and

International Science and Technology Centers programs, to prevent

former Soviet biological weapons experts from emigrating to

proliferant states and to reconfigure former Soviet biological

weapons production facilities for peaceful uses.

GENERAL PROVISIONS—THIS CHAPTER

(INCLUDING TRANSFER OF FUNDS)

SEC. 301. Amounts available in the ‘‘Defense Emergency

Response Fund’’ (the ‘‘Fund’’) shall be available for the purposes

set forth in the 2001 Emergency Supplemental Appropriations Act

for Recovery from and Response to Terrorist Attacks on the United

States (Public Law 107–38): Provided, That the Fund may be used

to reimburse other appropriations or funds of the Department of

Defense, including activities of the National Foreign Intelligence

Program funded in defense appropriations acts, only for costs

incurred for such purposes on or after September 11, 2001: Provided

further, That the Fund may be used to liquidate obligations incurred

by the Department of Defense under the authorities in section

3732 of the Revised Statutes (41 U.S.C. 11; popularly known as

the ‘‘Food and Forage Act’’) for any costs incurred for such purposes

between September 11 and September 30, 2001: Provided further,

28 USC 1605.

115 STAT. 2300 PUBLIC LAW 107–117—JAN. 10, 2002

That the Secretary of Defense may transfer to the Fund amounts

from any current appropriation made available in defense appropriations acts, only for the purpose of adjusting and liquidating

obligations properly chargeable to the Fund: Provided further, That

the authority granted in the preceding proviso shall only be exercised after the Secretary of Defense makes a determination that

amounts in the Fund are insufficient to liquidate obligations made

using appropriations in the Fund, and not prior to 30 days after

notifying the congressional defense committees in writing regarding

each proposed transfer of funds: Provided further, That in order

to carry out the specified purposes under this heading, the Secretary

of Defense may transfer funds from the Fund to any defense appropriation account enacted in appropriations acts, including ‘‘Support

for International Sporting Competitions, Defense’’: Provided further, That the funds transferred shall be merged with and shall be

available for the same purposes and for the same time period

as the appropriation to which transferred: Provided further, That

the transfer authority provided under this heading is in addition

to any other transfer authority available to the Department of

Defense: Provided further, That within 30 days of enactment of

this Act, and quarterly thereafter, the Secretary of Defense and

the Director of Central Intelligence shall each provide to the Congress a report (in unclassified and classified form, as needed) specifying the projects and accounts to which funds provided in this

chapter are to be transferred.

SEC. 302. Amounts in the appropriation account ‘‘Support for

International Sporting Competitions, Defense’’, may be used to support essential security and safety for the 2002 Winter Olympic

Games in Salt Lake City, Utah, without the certification required

under subsection 10 U.S.C. 2564(a): Provided, That the term ‘‘active

duty’’, in section 5802 of Public Law 104–208 shall include State

active duty and full-time National Guard duty performed by members of the Army National Guard and Air National Guard in connection with providing essential security and safety support to the

2002 Winter Olympic Games and logistical and security support

to the 2002 Paralympic Games.

SEC. 303. Funds appropriated by this Act, or made available

by the transfer of funds in this Act, for intelligence activities are

deemed to be specifically authorized by the Congress for purposes

of section 504 of the National Security Act of 1947 (50 U.S.C.

414).

SEC. 304. Notwithstanding any other provision of law, of the

amounts appropriated in Public Law 107–38 which remained available in the Defense Emergency Response Fund on December 18,

2001, not to exceed $100,000,000 may be available for payments

to Pakistan and Jordan for logistical and military support provided,

or to be provided, to United States military operations in connection

with Operation Enduring Freedom: Provided, That such payments

may be made in amounts as the Secretary may determine in his

discretion, and such determination is final and conclusive upon

the accounting officers of the United States.

(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

Deadlines.

Reports.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2301

reconstruct the Pentagon Reservation and for related activities as

a result of the events of September 11, 2001.

(b) In addition to the amounts provided in subsection (a) or

otherwise appropriated in this Act, out of funds appropriated by

Public Law 107–38 but not subject to subsequent enactment, not

subject to the restrictions of the fifth proviso of that Act, and

not transferred before December 18, 2001, the amount of

$300,000,000 is transferred to the Pentagon Reservation Maintenance Revolving Fund only to finance accelerated building renovation activities for military command centers and related activities

at the Pentagon Reservation in order to accelerate completion of

the currently planned Pentagon renovation project by up to 4 years:

Provided, That notwithstanding any other provision of law, funds

allocated and transferred under this section shall be made available

until expended: Provided further, That the cost to accelerate renovation activities for military command centers and related activities

at the Pentagon Reservation shall not be included in any cost

cap applicable to the Pentagon renovation: Provided further, That

the transfer authority provided under this section is in addition

to any other transfer authority available to the Department of

Defense.

(TRANSFER OF FUNDS)

SEC. 306. Notwithstanding any other provision of law or this

Act, of the funds unobligated in all fiscal year 2002 appropriations

accounts in titles III and IV of division A of this Act, up to 11⁄2

percent of these funds shall be available for transfer to the Operation and Maintenance accounts of the Department of Defense

for such costs incurred in support of Operations Enduring Freedom

and Noble Anvil: Provided, That the Secretary of Defense shall

notify the Committees on Appropriations of the House and Senate

of transfers made pursuant to this section not later than 15 days

after any such transfer is made: Provided further, That the transfer

authority provided under this section is in addition to any other

transfer authority available to the Department of Defense: Provided

further, That the transfer authority available under this section

may be utilized only after all other funds made available to the

Department of Defense pursuant to Public Law 107–38 have been

obligated: Provided further, That no congressional interest item

may be reduced for the purposes of this section: Provided further,

That such authority to transfer shall expire on April 30, 2002.

SEC. 307. During fiscal year 2002 the President, acting by

and with the consent of the Senate, is authorized to appoint a

commissioned officer of the Armed Forces, in active status, to the

Office of Deputy Administrator of the National Aeronautics and

Space Administration notwithstanding section 202(b) of the

National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)).

If so appointed, the provisions of section 403(c)(3), (4), and (5)

of title 50, United States Code, shall be applicable while the commissioned officer serves as Deputy Administrator in the same manner

and extent as if the officer was serving in a position specified

in section 403(c) of title 50, United States Code, except that the

officer’s military pay and allowances shall be reimbursed from funds

available to the National Aeronautics and Space Administration.

42 USC 2472

note.

Expiration date.

Notification.

Deadline.

115 STAT. 2302 PUBLIC LAW 107–117—JAN. 10, 2002

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

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2303

for the Department of Human Services, and $60,000 is for the

Department of Parks and Recreation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SEARCH,

RESCUE AND OTHER EMERGENCY EQUIPMENT AND SUPPORT

For a Federal payment to the District of Columbia, to be

obligated from amounts made available in Public Law 107–38 and

to remain available until September 30, 2003, for search, rescue

and other emergency equipment and support, $8,850,000, of which

$5,442,000 is for the Metropolitan Police Department, $208,000

is for the Fire and Emergency Medical Services Department,

$398,500 is for the Department of Consumer and Regulatory Affairs,

$1,178,500 is for the Department of Public Works, $542,000 is

for the Department of Human Services, and $1,081,000 is for the

Department of Mental Health.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EQUIPMENT,

SUPPLIES AND VEHICLES FOR THE OFFICE OF THE CHIEF MEDICAL

EXAMINER

For a Federal payment to the District of Columbia, to be

obligated from amounts made available in Public Law 107–38 and

to remain available until September 30, 2003, for equipment, supplies and vehicles for the Office of the Chief Medical Examiner,

$1,780,000.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR HOSPITAL

CONTAINMENT FACILITIES FOR THE DEPARTMENT OF HEALTH

For a Federal payment to the District of Columbia, to be

obligated from amounts made available in Public Law 107–38 and

to remain available until September 30, 2003, for hospital containment facilities for the Department of Health, $8,000,000.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR THE OFFICE

OF THE CHIEF TECHNOLOGY OFFICER

For a Federal payment to the District of Columbia, to be

obligated from amounts made available in Public Law 107–38 and

to remain available until September 30, 2003, for the Office of

the Chief Technology Officer, $45,494,000, for a first response landline 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.

Deadline.

115 STAT. 2304 PUBLIC LAW 107–117—JAN. 10, 2002

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EMERGENCY

TRAFFIC MANAGEMENT

For a Federal payment to the District of Columbia, to be

obligated from amounts made available in Public Law 107–38 and

to remain available until September 30, 2003, for emergency traffic

management, $20,700,000, for the Department of Public Works

Division of Transportation, of which $14,000,000 is to upgrade

traffic light controllers, $4,700,000 is to establish a video traffic

monitoring system, and $2,000,000 is to disseminate traffic information.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR TRAINING

AND PLANNING

For a Federal payment to the District of Columbia, to be

obligated from amounts made available in Public Law 107–38 and

to remain available until September 30, 2003, for training and

planning, $9,949,000, of which $4,400,000 is for the Fire and Emergency Medical Services Department, $990,000 is for the Metropolitan Police Department, $1,200,000 is for the Department of Health,

$200,000 is for the Office of the Chief Medical Examiner, $500,000

is for the Office of Property Management, $500,000 is for the

Department of Mental Health, $469,000 is for the Department

of Consumer and Regulatory Affairs, $240,000 is for the Department

of Public Works, $600,000 is for the Department of Human Services,

$100,000 is for the Department of Parks and Recreation, and

$750,000 is for the Division of Transportation.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR INCREASED

FACILITY SECURITY

For a Federal payment to the District of Columbia, to be

obligated from amounts made available in Public Law 107–38 and

to remain available until September 30, 2003, for increased facility

security, $25,536,000, of which $3,900,000 is for the Emergency

Management Agency, $14,575,000 is for the public schools, and

$7,061,000 is for the Office of Property Management.

FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA

TRANSIT AUTHORITY

For a Federal payment to the Washington Metropolitan Area

Transit Authority to meet region-wide security requirements, a

contribution of $39,100,000, to be obligated from amounts made

available in Public Law 107–38 and to remain available until Sep- tember 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

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2305

made available in Public Law 107–38 and to remain available

until September 30, 2003, of which $1,500,000 shall be used to

contribute to the development of a comprehensive regional emergency preparedness, coordination and response plan, $500,000 shall

be used to develop a critical infrastructure threat assessment model,

$500,000 shall be used to develop and implement a regional communications plan, and $2,500,000 shall be used to develop protocols

and procedures for training and outreach exercises.

DISTRICT OF COLUMBIA FUNDS

DIVISION OF EXPENSES

The following amounts are appropriated for the District of

Columbia for the current fiscal year out of the general fund of

the District of Columbia and shall remain available until September

30, 2003.

For Protective Clothing and Breathing Apparatus, to remain available until September 30, 2003, $7,144,000, of which $922,000

is for the Fire and Emergency Medical Services Department,

$4,269,000 is for the Metropolitan Police Department, $1,500,000

is for the Department of Health, and $453,000 is for the Department

of Public Works.

For Specialized Hazardous Materials Equipment, to remain available until September 30, 2003, $1,032,000, for the Fire and

Emergency Medical Services Department.

For Chemical and Biological Weapons Preparedness, to remain

available until September 30, 2003, $10,355,000, of which $205,000

is for the Fire and Emergency Medical Services Department,

$258,000 is for the Metropolitan Police Department, and $9,892,000

is for the Department of Health.

For Pharmaceuticals for Responders, to remain available until

September 30, 2003, $2,100,000, for the Department of Health.

For Response and Communications capability, to remain available until September 30, 2003, $14,960,000, of which $7,755,000

is for the Fire and Emergency Medical Services Department,

$5,855,000 is for the Metropolitan Police Department, $113,000

is for the Department of Public Works Division of Transportation,

$58,000 is for the Office of Property Management, $60,000 is for

the Department of Public Works, $750,000 is for the Department

of Health, $309,000 is for the Department of Human Services,

and $60,000 is for the Department of Parks and Recreation.

For search, rescue and other emergency equipment and support,

to remain available until September 30, 2003, $8,850,000, of which

$5,442,000 is for the Metropolitan Police Department, $208,000

is for the Fire and Emergency Medical Services Department,

$398,500 is for the Department of Consumer and Regulatory Affairs,

$1,178,500 is for the Department of Public Works, $542,000 is

for the Department of Human Services, and $1,081,000 is for the

Department of Mental Health.

For equipment, supplies and vehicles, to remain available until

September 30, 2003, for the Office of the Chief Medical Examiner,

$1,780,000.

For hospital containment facilities, to remain available until

September 30, 2003, for the Department of Health, $8,000,000.

For the Office of the Chief Technology Officer, to remain available until September 30, 2003, $45,494,000 is for a first response

115 STAT. 2306 PUBLIC LAW 107–117—JAN. 10, 2002

land-line and wireless interoperability project, of which $1,000,000

shall be used to initiate a comprehensive review by a non-vendor

contractor of the District’s current technology-based systems and

to develop a plan for integrating the communications systems of

the District of Columbia Metropolitan Police and Fire and Emergency Medical Services Departments with the systems of local,

regional and Federal law enforcement agencies, including, but not

limited to the United States Capitol Police, United States Park

Police, United States Secret Service, Federal Bureau of Investigation, Federal Protective Service, and the Washington Metropolitan

Area Transit Authority Police: Provided, That such plan shall be

submitted to the Committees on Appropriations of the Senate and

the House of Representatives no later than June 15, 2002.

For emergency traffic management, to remain available until

September 30, 2003, $20,700,000 is for the Department of Public

Works Division of Transportation, of which $14,000,000 is to

upgrade traffic light controllers, $4,700,000 is to establish a video

traffic monitoring system, and $2,000,000 is to disseminate traffic

information.

For training and planning, to remain available until September

30, 2003, $9,949,000, of which $4,400,000 is for the Fire and Emergency Medical Services Department, $990,000 is for the Metropolitan Police Department, $1,200,000 is for the Department of Health,

$200,000 is for the Office of the Chief Medical Examiner, $500,000

is for the Office of Property Management, $500,000 is for the

Department of Mental Health, $469,000 is for the Department

of Consumer and Regulatory Affairs, $240,000 is for the Department

of Public Works, $600,000 is for the Department of Human Services,

$100,000 is for the Department of Parks and Recreation, and

$750,000 is for the Division of Transportation.

For increased facility security, to remain available until September 30, 2003, $25,536,000, of which $3,900,000 is for the Emergency Management Agency, $14,575,000 for the public schools, and

$7,061,000 for the Office of Property Management.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 401. Notwithstanding any other provision of law, the

Chief Financial Officer of the District of Columbia may transfer

up to 5 percent of the funds appropriated to the District of Columbia

in this chapter between these accounts: Provided, That no such

transfer shall take place unless the Chief Financial Officer of the

District of Columbia notifies in writing the Committees on Appropriations of the Senate and the House of Representatives 30 days

in advance of such transfer.

SEC. 402. The Chief Financial Officer of the District of

Columbia, the Chief Financial Officer of the Washington Metropolitan Area Transit Authority and the Executive Director of the Metropolitan Washington Council of Governments shall provide quarterly

reports to the President and the Committees on Appropriations

of the Senate and the House of Representatives on the use of

the funds under this chapter beginning no later than March 15,

2002.

SEC. 403. Notwithstanding any other provision of law, all

amounts under this chapter shall be apportioned quarterly by the

Office of Management and Budget: Provided, That all such funds

shall be made available no later than September 30, 2002.

Deadline.

Reports.

Deadline.

Deadline.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2307

SEC. 404. In the Fiscal Year 2002 District of Columbia Appropriations Act under the heading ‘‘Administrative Provisions, Payments for Representation of Indigents’’ under subsection (c), 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.

Ante, p. 929.

115 STAT. 2308 PUBLIC LAW 107–117—JAN. 10, 2002

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

43 USC 509.

43 USC 508.

Ante, p. 490.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2309

exceed an additional $32,000,000 (October 1, 2001, price

levels),’’.

SEC. 504. JICARILLA, NEW MEXICO, MUNICIPAL WATER SYSTEM.

Public Law 107–66 is amended—

(1) 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)’’, 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’’.

Ante, p. 498.

Ante, p. 489.

115 STAT. 2310 PUBLIC LAW 107–117—JAN. 10, 2002

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’’,

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2311

$2,205,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, for the working

capital fund of the Department of the Interior.

OTHER RELATED AGENCIES

SMITHSONIAN INSTITUTION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Salaries and Expenses’’

of the Smithsonian Institution, $21,707,000, to remain available

until expended, to be obligated from amounts made available in

Public Law 107–38.

NATIONAL GALLERY OF ART

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Salaries and Expenses’’

of the National Gallery of Art, $2,148,000, to remain available

until expended, to be obligated from amounts made available in

Public Law 107–38.

JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

OPERATIONS AND MAINTENANCE

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Operations and Maintenance’’ of the John F. Kennedy Center for the Performing Arts,

$4,310,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

NATIONAL CAPITAL PLANNING COMMISSION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Salaries and Expenses’’ of the National Capital Planning Commission, $758,000, to be obligated from amounts made available in Public Law 107–38.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 701. (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

Historic

preservation.

20 USC 50 note.

115 STAT. 2312 PUBLIC LAW 107–117—JAN. 10, 2002

(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

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2313

to the New York State Uninsured Employers Fund, for reimbursement of claims related to the terrorist attacks: Provided further, That, of such amount, $25,000,000 shall be for payment to the

New York State Uninsured Employers Fund, for reimbursement

of claims related to the first response emergency services personnel

who were injured, were disabled, or died due to the terrorist attacks.

PENSION AND WELFARE BENEFITS ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $1,600,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$1,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

DEPARTMENTAL MANAGEMENT

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$5,880,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

DEPARTMENT OF HEALTH AND HUMAN SERVICES

CENTERS FOR DISEASE CONTROL AND PREVENTION

DISEASE CONTROL, RESEARCH, AND TRAINING

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘Disease control, research,

and training’’ for baseline safety screening for the emergency services personnel and rescue and recovery personnel, $12,000,000,

to remain available until expended, to be obligated from amounts

made available in Public Law 107–38.

OFFICE OF THE SECRETARY

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, to provide grants to public

entities, not-for-profit entities, and Medicare and Medicaid enrolled

suppliers and institutional providers to reimburse for health care

related expenses or lost revenues directly attributable to the public

health emergency resulting from the September 11, 2001, terrorist

acts, for ‘‘Public Health and Social Services Emergency Fund’’,

$140,000,000, to remain available until expended, to be obligated

115 STAT. 2314 PUBLIC LAW 107–117—JAN. 10, 2002

from amounts made available in Public Law 107–38: Provided,

That none of the costs have been reimbursed or are eligible for

reimbursement from other sources.

For emergency expenses necessary to support activities related

to countering potential biological, disease, and chemical threats

to civilian populations, for ‘‘Public Health and Social Services Emergency Fund’’, $2,504,314,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38. Of this amount, $865,000,000 shall be for the Centers for

Disease Control and Prevention for improving State and local

capacity; $135,000,000 shall be for grants to improve hospital

capacity to respond to bioterrorism; $100,000,000 shall be for

upgrading capacity at the Centers for Disease Control and Prevention, including research: Provided, That up to $10,000,000 of this

amount shall be for the tracking and control of biological pathogens;

$85,000,000 shall be for the National Institute of Allergy and Infectious Diseases for bioterrorism-related research and development

and other related needs; $70,000,000 shall be for the National

Institute of Allergy and Infectious Diseases for the construction

of a biosafety laboratory and related infrastructure costs;

$593,000,000 shall be for the National Pharmaceutical Stockpile;

$512,000,000 shall be for the purchase of smallpox vaccine;

$71,000,000 shall be for improving laboratory security at the

National Institutes of Health and the Centers for Disease Control

and Prevention; $7,500,000 shall be for environmental hazard control activities conducted by the Centers for Disease Control and

Prevention; $10,000,000 shall be for the Substance Abuse and

Mental Health Services Administration; and $55,814,000 shall be

for bioterrorism preparedness and disaster response activities in

the Office of the Secretary. At the discretion of the Secretary,

these amounts may be transferred between categories subject to

normal reprogramming procedures.

DEPARTMENT OF EDUCATION

SCHOOL IMPROVEMENT PROGRAMS

For emergency expenses to provide education-related services

to local educational agencies in which the learning environment

has been disrupted due to a violent or traumatic crisis, for the

Project School Emergency Response to Violence program,

$10,000,000, to remain available until expended, and to be obligated

from amounts made available in Public Law 107–38.

RELATED AGENCIES

NATIONAL LABOR RELATIONS BOARD

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$180,000, to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2315

SOCIAL SECURITY ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Limitation on Administrative Expenses’’, $7,500,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107– 38.

CHAPTER 9

LEGISLATIVE BRANCH

JOINT ITEMS

LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the terrorist attacks on the United States, $256,081,000, to remain available until

expended, to be obligated from amounts made available in Public

Law 107–38: Provided, That $34,500,000 shall be transferred to ‘‘Senate’’, ‘‘Sergeant at Arms and Doorkeeper of the Senate’’, and

shall be obligated with the prior approval of the Senate Committee

on Appropriations: Provided further, That $41,712,000 shall be

transferred to ‘‘House of Representatives’’, ‘‘Salaries and Expenses’’, and shall be obligated with the prior approval of the House Committee on Appropriations: Provided further, That $31,000,000 shall

be transferred to ‘‘Capitol Police Board’’, ‘‘Capitol Police’’, ‘‘General

Expenses’’: Provided further, That $350,000 shall be transferred

to ‘‘Capitol Guide Service and Special Services Office’’: Provided

further, That $106,304,000 shall be transferred to ‘‘Architect of

the Capitol’’, ‘‘Capitol Buildings and Grounds’’, ‘‘Capitol Buildings’’:

Provided further, That $29,615,000 shall be transferred to ‘‘Library

of Congress’’, ‘‘Salaries and Expenses’’: Provided further, That

$4,000,000 shall be transferred to the ‘‘Government Printing Office’’,

‘‘Government Printing Office Revolving Fund’’: Provided further,

That $7,600,000 shall be transferred to ‘‘General Accounting Office’’,

‘‘Salaries and Expenses’’: Provided further, That $1,000,000 shall

be transferred as a grant to the United States Capitol Historical

Society: Provided further, That any Legislative Branch entity

receiving funds pursuant to the Emergency Response Fund established by Public Law 107–38 (without regard to whether the funds

are provided under this chapter or pursuant to any other provision

of law) may transfer any funds provided to the entity to any

other Legislative Branch account in an amount equal to that

required to provide support for security enhancements, subject to

the approval of the Committees on Appropriations of the House

of Representatives and Senate.

SENATE

ADMINISTRATIVE PROVISIONS

SEC. 901. (a) ACQUISITION OF BUILDINGS AND FACILITIES.—

Notwithstanding any other provision of law, in order to respond

to an emergency situation, the Sergeant at Arms of the Senate

40 USC 174b–2.

115 STAT. 2316 PUBLIC LAW 107–117—JAN. 10, 2002

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

2 USC 130g.

Applicability.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2317

support services for the use of the Senate during an emergency

situation; and

(2) the Sergeant at Arms of the Senate and the head

of the agency may take any action necessary to carry out

the terms of the memorandum of understanding.

(b) The Sergeant at Arms of the Senate may enter into a

memorandum of understanding described in subsection (a)(1) consistent with the Senate Procurement Regulations.

(c) 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.’’.

40 USC 175a.

Applicability.

115 STAT. 2318 PUBLIC LAW 107–117—JAN. 10, 2002

(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

Establishment.

Establishment.

2 USC 130i.

Applicability.

2 USC 130h.

Applicability.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2319

Administrative Officer of the House of Representatives. The Clerk

shall be the Chairman of the Board.

(d) Until otherwise provided by law, funds shall be available

for the Office from amounts appropriated for the operations of

the House of Representatives.

(e) This section shall take effect on the date of the enactment

of this Act and shall apply to fiscal years beginning with fiscal

year 2002.

SEC. 906. (a) As determined by the Sergeant at Arms of the

House of Representatives, any anthrax-contaminated mail delivered

by the United States Postal Service to the House of Representatives

shall be destroyed or otherwise disposed of.

(b) No action taken under this section may serve as a basis

for civil or criminal liability of any individual or entity.

(c) As used in this section, the term ‘‘anthrax-contaminated

mail’’ means any mail matter that, as determined by the Sergeant

at Arms, by reason of the events of October 2001— (1) is contaminated by anthrax or any other substance

the mailing of which is prohibited by section 1716 of title

18, United States Code, or any other law of the United States;

or

(2) may be so contaminated, but the ascertainment of which

is not technically feasible or is otherwise impracticable.

(d) This section shall apply with respect to fiscal year 2002

and each succeeding fiscal year.

OTHER LEGISLATIVE BRANCH

ADMINISTRATIVE PROVISIONS

SEC. 907. (a) Section 1(c) of Public Law 96–152 (40 U.S.C.

206–1) is amended by striking ‘‘but not to exceed’’ and all that

follows and inserting the following: ‘‘but not to exceed $2,500 less

than the lesser of the annual salary for the Sergeant at Arms

of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.’’.

(b) The Assistant Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but

not to exceed $1,000 less than the annual salary for the chief

of the United States Capitol Police.

(c) This section and the amendment made by this section shall

apply with respect to pay periods beginning on or after the date

of the enactment of this Act.

SEC. 908. (a) The Capitol Police Board may, in order to recruit

or retain qualified personnel, establish and maintain a program

under which the Capitol Police may agree to repay (by direct

payments on behalf of a civilian employee or member of the Capitol

Police) all or a portion of any student loan previously taken out

by such employee or member.

(b) The Capitol Police Board may, by regulation, make

applicable such provisions of section 5379 of title 5, United States

Code, as the Board determines necessary to provide for such program.

(c) The regulations shall provide that the amount paid by

the Capitol Police may not exceed—

(1) $6,000 for any civilian employee or member of the

Capitol Police in any calendar year; or

40 USC 207b–1.

Applicability.

40 USC 206–1

note.

40 USC 206 note.

Applicability.

Anthrax.

Mail.

Effective date.

Applicability.

115 STAT. 2320 PUBLIC LAW 107–117—JAN. 10, 2002

(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

40 USC 207b–2.

Applicability.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2321

for the officer’s or employee’s services makes it essential

to retain the officer or employee; and

(B) the Chief determines that the officer or employee

would be likely to leave in the absence of a retention

allowance.

(2) AMOUNT OF PAYMENT.—A retention allowance, which

shall be stated as a percentage of the rate of basic pay of

the officer or employee, may not exceed 25 percent of such

rate of basic pay.

(3) PAYMENT NOT CONSIDERED PART OF BASIC PAY.—A retention allowance may not be considered to be part of the basic

pay of an officer or employee, and the reduction or elimination

of a retention allowance may not be appealed. The preceding

sentence shall not be construed to extinguish or lessen any

right or remedy under any of the laws made applicable to

the Capitol Police pursuant to section 102 of the Congressional

Accountability Act of 1995 (2 U.S.C. 1302).

(4) TIME AND MANNER OF PAYMENT.—A retention allowance

under this subsection shall be paid at the same time and

in the same manner as the officer’s or employee’s basic pay

is paid.

(c) LUMP SUM INCENTIVE AND MERIT BONUS PAYMENTS.—

(1) IN GENERAL.—The Board may pay an incentive or merit

bonus to an officer or employee of the United States Capitol

Police who meets such criteria for receiving the bonus as the

Board may establish.

(2) BONUS NOT CONSIDERED PART OF BASIC PAY.—A bonus

under this subsection shall be paid as a lump sum, and may

not be considered to be part of the basic pay of the officer

or employee.

(d) SERVICE STEP INCREASES FOR MERITORIOUS SERVICE FOR

OFFICERS.—Upon the approval of the Chief—

(1) an officer of the United States Capitol Police in a

service step who has demonstrated meritorious service (in

accordance with criteria established by the Chief or the Chief’s

designee) may be advanced in compensation to the next higher

service step, effective with the first pay period which begins

after the date of the Chief’s approval; and

(2) an officer of the United States Capitol Police in a

service step who has demonstrated extraordinary performance

(in accordance with criteria established by the Chief or the

Chief’s designee) may be advanced in compensation to the

second next higher service step, effective with the first pay

period which begins after the date of the Chief’s approval.

(e) ADDITIONAL COMPENSATION FOR FIELD TRAINING OFFICERS.—

(1) IN GENERAL.—Each officer of the United States Capitol

Police who is assigned to duty as a field training officer shall

receive, in addition to the officer’s scheduled rate of compensation, an additional amount determined by the Board (but not

to exceed $2,000 per annum).

(2) MANNER OF PAYMENT.—The additional compensation

authorized by this subsection shall be paid to the officer in

the same manner as the officer is paid basic compensation,

except that when the officer ceases to be assigned to duty

as a field training officer, the loss of such additional compensation shall not constitute an adverse action for any purpose.

115 STAT. 2322 PUBLIC LAW 107–117—JAN. 10, 2002

(f) REGULATIONS.— (1) IN GENERAL.—The payment of bonuses, allowances, step

increases, compensation, and other payments pursuant to this

section shall be carried out in accordance with regulations

prescribed by the Board.

(2) APPROVAL.—The regulations prescribed pursuant to this

subsection shall be subject to the approval of the Committee

on Rules and Administration of the Senate, the Committee

on House Administration of the House of Representatives, and

the Committees on Appropriations of the Senate and the House

of Representatives.

(g) EFFECTIVE DATE.—This section shall apply with respect

to fiscal year 2002 and each succeeding fiscal year.

SEC. 910. In addition to the authority provided under section

121 of the Legislative Branch Appropriations Act, 2002, at any

time on or after the date of the enactment of this Act, the Capitol

Police Board may accept contributions of comfort and other incidental items and services to support officers and employees of

the United States Capitol Police while such officers and employees

are on duty in response to emergencies involving the safety of

human life or the protection of property.

SEC. 911. ASSISTANCE BY EXECUTIVE DEPARTMENTS AND AGENCIES TO THE CAPITOL POLICE. (a) ASSISTANCE.—

(1) IN GENERAL.—Executive departments and Executive

agencies may assist the United States Capitol Police in the

performance of its duties by providing services (including personnel), equipment, and facilities on a temporary and reimbursable basis when requested by the Capitol Police Board and

on a permanent and reimbursable basis upon advance written

request of the Capitol Police Board; except that the Department

of Defense and the Coast Guard may provide such assistance

on a temporary basis without reimbursement when assisting

the United States Capitol Police in its duties directly related

to protection under the Act of July 31, 1946 (40 U.S.C. 212a–

2). Before making a request under this paragraph, the Capitol

Police Board shall consult with appropriate Members of the

Senate and House of Representatives in leadership positions,

except in an emergency.

(2) PROCUREMENT.—No services (including personnel),

equipment, or facilities may be ordered, purchased, leased,

or otherwise procured for the purposes of carrying out the

duties of the United States Capitol Police by persons other

than officers or employees of the Federal Government duly

authorized by the Chairman of the Capitol Police Board to

make such orders, purchases, leases, or procurements.

(3) EXPENDITURES OR OBLIGATION OF FUNDS.—No funds

may be expended or obligated for the purpose of carrying out

this section other than funds specifically appropriated to the

Capitol Police Board or the United States Capitol Police for

those purposes with the exception of—

(A) expenditures made by the Department of Defense

or the Coast Guard from funds appropriated to the Department of Defense or the Coast Guard in providing assistance

on a temporary basis to the United States Capitol Police

in the performance of its duties directly related to protection under the Act of July 31, 1946 (40 U.S.C. 212a–

2); and

40 USC 212c.

40 USC 206d–1.

Applicability.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2323

(B) expenditures made by Executive departments and

agencies, in providing assistance at the request of the

United States Capitol Police in the performance of its

duties, and which will be reimbursed by the United States

Capitol Police under this section.

(4) PROVISION OF ASSISTANCE.—Assistance under this section shall be provided— (A) consistent with the authority of the Capitol Police

under sections 9 and 9A of the Act of July 31, 1946 (40

U.S.C. 212a and 212a–2);

(B) upon the advance written request of— (i) the Capitol Police Board; or

(ii) in an emergency— (I) the Sergeant at Arms and Doorkeeper of

the Senate in any matter relating to the Senate;

or

(II) the Sergeant at Arms of the House of

Representatives in any matter relating to the

House of Representatives; and

(C)(i) on a temporary and reimbursable basis;

(ii) on a permanent reimbursable basis upon advance

written request of the Capitol Police Board; or

(iii) on a temporary basis without reimbursement by

the Department of Defense and the Coast Guard as

described under paragraph (1).

(b) REPORTS.—

(1) 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 Captiol Police

for the purpose of policing the Capitol grounds; and

(B) with any appropriate governmental law enforcement

authority to deputize law enforcement officers for duty with

the Capitol Police for the purpose of policing the Capitol

grounds.

(2) Any agreement under paragraph (1) shall be subject to

initial approval by the Capitol Police Board and to final approval

by the Speaker of the House of Representatives (in consultation

Applicability.

Deadline.

115 STAT. 2324 PUBLIC LAW 107–117—JAN. 10, 2002

with the Minority Leader of the House of Representatives) and

the President pro tempore of the Senate (in consultation with the

Minority Leader of the Senate), acting jointly.

(b) Subject to approval by the Speaker of the House of Representatives (in consultation with the Minority Leader of the House

of Representatives) and the President pro tempore of the Senate

(in consultation with the Minority Leader of the Senate), acting

jointly, the Capitol Police Board shall prescribe regulations to carry

out this section.

(c) This section shall expire on September 30, 2002.

SEC. 913. (a) Notwithstanding any other provision of law, the

United States Capitol Preservation Commission established under

section 801 of the Arizona-Idaho Conservation Act of 1988 (40

U.S.C. 188a) may transfer to the Architect of the Capitol amounts

in the Capitol Preservation Fund established under section 803

of such Act (40 U.S.C. 188a–2) if the amounts are to be used

by the Architect for the planning, engineering, design, or construction of the Capitol Visitor Center.

(b) Any amounts transferred pursuant to subsection (a) shall

remain available for the use of the Architect of the Capitol until

expended.

(c) This section shall apply with respect to fiscal year 2002

and each succeeding fiscal year.

SEC. 914. (a) In accordance with the authority described in

section 308(a) of the Legislative Branch Appropriations Act, 1988

(40 U.S.C. 166b–3a(a)), section 108 of the Legislative Branch Appropriations Act, 1991 (40 U.S.C. 166b–3b), as amended by section

129(c)(1) of the Legislative Branch Appropriations Act, 2002, is

amended by adding at the end the following new subsection:

‘‘(c) The Architect of the Capitol may fix the rate of basic

pay for not more than 4 positions for Executive Project Directors

whose salary is payable from project funds, at a rate not to exceed

95 percent of the highest total rate of pay for the Senior Executive

Service under subchapter VIII of chapter 53 of title 5, United

States Code, for the locality involved.’’. (b) The amendment made by subsection (a) shall apply with

respect to pay periods beginning on or after October 1, 2001.

SEC. 915. (a) Public Law 107–68 is amended by adding at

the end the following:

‘‘This Act may be cited as the ‘Legislative Branch Appropriations Act, 2002’.’’.

(b) The amendment made by subsection (a) shall take effect

as if included in the enactment of Public Law 107–68.

SEC. 916. Section 102 of the Legislative Branch Appropriations

Act, 2002 (Public Law 107–68) is amended—

(1) in subsection (a), by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through

(5), respectively;

(2) in subsection (g)(1)—

(A) in subparagraph (A), by striking ‘‘subsection

(i)(1)(A)’’ and inserting ‘‘subsection (h)(1)(A)’’; and

(B) in subparagraph (B), by striking ‘‘subsection

(i)(1)(B)’’ and inserting ‘‘subsection (h)(1)(B)’’.

SEC. 917. (a) Section 209 of the Legislative Branch Appropriations Act, 2002 (Public Law 107–68) is amended in the matter

amending Public Law 106–173 by striking the quotation marks

and period at the end of the new subsection (g) and inserting

36 USC note

prec. 101.

2 USC 60c–5.

Effective date.

Applicability.

40 USC 166b–3b

note.

Short title.

Ante, p. 560.

Ante, p. 580.

Applicability.

40 USC 188a–2

note.

Expiration date.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2325

the following: ‘‘Any reimbursement under this subsection shall be

credited to the appropriation, fund, or account used for paying

the amounts reimbursed.

‘‘(h) EMPLOYMENT BENEFITS.—

‘‘(1) IN GENERAL.—The Commission shall fix employment

benefits for the Director and for additional personnel appointed

under section 6(a), in accordance with paragraphs (2) and (3).

‘‘(2) EMPLOYMENT BENEFITS FOR THE DIRECTOR.—

‘‘(A) IN GENERAL.—The Commission shall determine

whether or not to treat the Director as a Federal employee

for purposes of employment benefits. If the Commission

determines that the Director is to be treated as a Federal

employee, then he or she is deemed to be an employee

as that term is defined by section 2105 of title 5, United

States Code, for purposes of chapters 63, 83, 84, 87, 89,

and 90 of that title, and is deemed to be an employee

for purposes of chapter 81 of that title. If the Commission

determines that the Director is not to be treated as a

Federal employee for purposes of employment benefits, then

the Commission or its administrative support service provider shall establish appropriate alternative employment

benefits for the Director. 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).

Effective date.

Ante, p. 581.

Effective date.

36 USC note

prec. 101.

Notification.

115 STAT. 2326 PUBLIC LAW 107–117—JAN. 10, 2002

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

Deadline.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2327

meaning given that term in section 2801 (4) of title 10, United

States Code.

SEC. 1002. Section 138 of Public Law 106–246 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.

Ante, p. 1288.

114 Stat. 524.

115 STAT. 2328 PUBLIC LAW 107–117—JAN. 10, 2002

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.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2329

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for the ‘‘Emergency Relief

Program’’, as authorized by section 125 of title 23, United States

Code, $75,000,000, to be derived from the Highway Trust Fund

and to remain available until expended, to be obligated from

amounts made available in Public Law 107–38.

FEDERAL RAILROAD ADMINISTRATION

SAFETY AND OPERATIONS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Safety and Operations’’,

$6,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for necessary expenses of

capital improvements of the National Railroad Passenger Corporation as authorized by 49 U.S.C. 24104(a), $100,000,000, to remain

available until expended, and to be obligated from amounts made

available in Public Law 107–38.

FEDERAL TRANSIT ADMINISTRATION

FORMULA GRANTS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Formula Grants’’,

$23,500,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

CAPITAL INVESTMENT GRANTS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Capital Investment

Grants’’, $100,000,000, to remain available until expended, and

to be obligated from amounts made available in Public Law 107–

38: Provided, That in administering funds made available under

this paragraph, the Federal Transit Administrator shall direct funds

to those transit agencies most severely impacted by the terrorist

attacks of September 11, 2001, excluding any transit agency

receiving a Federal payment elsewhere in this Act: Provided further,

That the provisions of 49 U.S.C. 5309(h) shall not apply to funds

made available under this paragraph.

115 STAT. 2330 PUBLIC LAW 107–117—JAN. 10, 2002

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

RESEARCH AND SPECIAL PROGRAMS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Research and Special

Programs,’’ $2,500,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States and for other safety and

security related audit and monitoring responsibilities, for ‘‘Salaries

and Expenses’’, $1,300,000, to remain available until September

30, 2003, to be obligated from amounts made available in Public

Law 107–38.

RELATED AGENCY

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses,’’

$650,000, to remain available until September 30, 2003, to be

obligated from amounts made available in Public Law 107–38.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 1101. Section 5117(b)(3) of the Transportation Equity Act

for the 21st Century (Public Law 105–178; 112 Stat. 449; 23 U.S.C.

502 note) is amended—

(1) by redesignating subparagraphs (C), (D), and (E) as

subparagraphs (D), (F), and (G), respectively;

(2) by inserting after subparagraph (B) the following new

subparagraph (C):

‘‘(C) FOLLOW-ON DEPLOYMENT.—(i) After an intelligent

transportation infrastructure system deployed in an initial

deployment area pursuant to a contract entered into under

the program under this paragraph has received system

acceptance, the Department of Transportation has the

authority to extend the original contract that was competitively awarded for the deployment of the system in the

follow-on deployment areas under the contract, using the

same asset ownership, maintenance, fixed price contract,

and revenue sharing model, and the same competitively

selected consortium leader, as were used for the deployment

in that initial deployment area under the program.

‘‘(ii) If any one of the follow-on deployment areas does

not commit, by July 1, 2002, to participate in the deployment of the system under the contract, then, upon application by any of the other follow-on deployment areas that

have committed by that date to participate in the deployment of the system, the Secretary shall supplement the

funds made available for any of the follow-on deployment

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2331

areas submitting the applications by using for that purpose

the funds not used for deployment of the system in the

nonparticipating area. Costs paid out of funds provided

in such a supplementation shall not be counted for the

purpose of the limitation on maximum cost set forth in

subparagraph (B).’’;

(3) by inserting after subparagraph (D), as redesignated

by paragraph (1), the following new subparagraph (E):

‘‘(E) DEFINITIONS.—In this paragraph: ‘‘(i) The term ‘initial deployment area’ means a

metropolitan area referred to in the second sentence

of subparagraph (A). ‘‘(ii) The term ‘follow-on deployment areas’ means

the metropolitan areas of Baltimore, Birmingham,

Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver,

Detroit, Houston, Indianapolis, Las Vegas, Los Angeles,

Miami, New York/Northern New Jersey, Northern Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence, Salt

Lake, San Diego, San Francisco, St. Louis, Seattle,

Tampa, and Washington, District of Columbia.’’; and

(4) in subparagraph (D), as redesignated by paragraph

(1), by striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraph

(F)’’. SEC. 1102. No appropriated funds or revenues generated by

the National Railroad Passenger Corporation may be used to implement section 204(c)(2) of Public Law 105–134 until the Congress

has enacted an Amtrak reauthorization Act.

SEC. 1103. (a) Notwithstanding any other provision of law,

of the funds authorized under section 110 of title 23, United States

Code, for fiscal year 2002, no funds shall be available for the

program authorized under section 1101(a)(11) of Public Law 105–

178 and $29,542,304 shall be set aside for the project as authorized

under title IV of the National Highway System Designation Act

of 1995, as amended: Provided, That, if funds authorized under

these provisions have been distributed then the amount so specified

shall be recalled proportionally from those funds distributed to

the States under section 110(b)(4)(A) and (B) of title 23, United

States Code.

(b) Notwithstanding any other provision of law, for fiscal year

2002, funds available for environmental streamlining activities

under section 104(a)(1)(A) of title 23, United States Code, may

include making grants to, or entering into contracts, cooperative

agreements, and other transactions, with a Federal agency, State

agency, local agency, authority, association, nonprofit or for-profit

corporation, or institution of higher education.

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

authorized under section 110 of title 23, United States Code, for

fiscal year 2002, and made available for the National motor carrier

safety program, $5,896,000 shall be for State commercial driver’s

license program improvements.

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

authorized under section 110 of title 23, United States Code, for

fiscal year 2002, and made available for border infrastructure

improvements, up to $2,300,000 shall be made available to carry

out section 1119(d) of the Transportation Equity Act for the 21st

Century, as amended.

115 STAT. 2332 PUBLIC LAW 107–117—JAN. 10, 2002

SEC. 1104. Notwithstanding any other provision of law, of the

amounts appropriated in fiscal year 2002 for the Research and

Special Programs Administration, $3,170,000 of funds provided for

research and special programs shall remain available until September 30, 2004, and $22,786,000 of funds provided for the pipeline

safety program derived from the pipeline safety fund shall remain

available until September 30, 2004.

SEC. 1105. Item 1497 in the table contained in section 1602

of the Transportation Equity Act for the 21st Century (112 Stat.

312), relating to Alaska, is amended by inserting ‘‘and construct

capital improvements to intermodal marine freight and passenger

facilities and access thereto’’ before ‘‘in Anchorage’’. SEC. 1106. The Department of Transportation and Related

Agencies Appropriations Act, 2002 is amended in section 330 by

striking ‘‘$144,000,000’’ and inserting ‘‘$148,300,000’’ and in section

349 by striking ‘‘$5,000,000’’ and inserting ‘‘$9,300,000’’ and by

striking ‘‘$120,323,000’’ and inserting ‘‘$116,023,000’’. SEC. 1107. Notwithstanding any other provision of law, none

of the funds in the Department of Transportation and Related

Agencies Appropriations Act, 2002 shall be available for salaries

and expenses of more than 102 political and Presidential appointees

in the Department of Transportation: Provided, That none of the

funds in this Act, or any other Appropriations Act for fiscal year

2002, shall be available for the position of Under Secretary of

Transportation for Policy or the position of Assistant Secretary

for Public Affairs.

SEC. 1108. Section 1511(b) of the Transportation Equity Act

for the 21st Century (Public Law 105–178), as amended, is amended

by striking ‘‘Rhode Island’’ and inserting in lieu thereof ‘‘Rhode

Island, and Texas’’ and by inserting before the period in subsection

(b)(1)(A) ‘‘, provided that Texas may not compete for funds previously allocated or appropriated to any other State’’.

CHAPTER 12

DEPARTMENT OF THE TREASURY

DEPARTMENTAL OFFICES

TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$2,032,000, to remain available until expended, to be obligated

from amounts made available by Public Law 107–38.

FINANCIAL CRIMES ENFORCEMENT NETWORK

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$1,700,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

23 USC 181 note.

Ante, p. 860.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2333

FEDERAL LAW ENFORCEMENT TRAINING CENTER

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’, $23,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED

EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Acquisition, Construction, Improvements, and Related Expenses’’, $8,500,000, to remain

available until expended, to be obligated from amounts made available in Public Law 107–38: Provided, That, in order to expedite

the acquisition of architectural and engineering services for the

construction of facilities at the Cheltenham, Maryland, training

facility, the Federal Law Enforcement Training Center may procure

such services without regard to: (1) the competition requirements

of section 303 of the Federal Property and Administrative Services

Act of 1949 (41 U.S.C. 253); (2) the 6 percent fee limitation on

such services set forth in section 304(b) of such Act (41 U.S.C.

254(b)); and (3) the procurement notice requirements of section

18 of the Office of Federal Procurement Policy Act (41 U.S.C.

416).

BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$31,431,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38, of which

$5,200,000 may be used for necessary expenses of site acquisition,

construction, operations, maintenance and repair of the special

purpose canine training facilities in Front Royal, Virginia.

UNITED STATES CUSTOMS SERVICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

to meet requirements, including technology, along the Northern

Border, Southwest Border, and at critical seaports, $392,603,000,

to remain available until expended, to be obligated from amounts

made available in Public Law 107–38: Provided, That of such

amount, $245,503,000 shall not be available for obligation until

15 days after the United States Customs Service submits to the

Committees on Appropriations and the Secretary of the Treasury

a financial plan based upon a comprehensive assessment of the

most effective uses of the Service’s resources, including the funds

provided in this Act, for protection along the Northern Border,

Southwest Border, and at critical seaports: Provided further, That

the Secretary of the Treasury is directed to review the activities

proposed to be carried out with the funds subject to the previous

Notification.

115 STAT. 2334 PUBLIC LAW 107–117—JAN. 10, 2002

proviso and notify the Committees on Appropriations of the findings

of his review within 15 days of receipt of such plan.

OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE

INTERDICTION PROGRAMS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operation, Maintenance

and Procurement, Air and Marine Interdiction Programs’’, $6,700,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

INTERNAL REVENUE SERVICE

PROCESSING, ASSISTANCE, AND MANAGEMENT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Processing, Assistance,

and Management’’, $12,990,000, to remain available until expended,

to be obligated from amounts made available by Public Law 107– 38.

TAX LAW ENFORCEMENT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Tax Law Enforcement’’,

$4,544,000, to remain available until expended, to be obligated

from amounts made available by Public Law 107–38.

INFORMATION SYSTEMS

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Information Systems’’, $15,991,000, to remain available until expended, to be obligated

from amounts made available by Public Law 107–38: Provided, That of these amounts $13,548,000 is for a backup computer

recovery system to be designed and constructed in close coordination

with the business systems modernization effort of the Internal

Revenue Service.

UNITED STATES SECRET SERVICE

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$104,769,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

POSTAL SERVICE

PAYMENT TO THE POSTAL SERVICE FUND

For emergency expenses to the Postal Service Fund to enable

the Postal Service to protect postal employees and postal customers

from exposure to biohazardous material, to sanitize and screen

the mail, and to replace or repair Postal Service facilities destroyed

or damaged in New York City as a result of the September 11,

2001, terrorist attacks, $500,000,000, to remain available until

expended, to be obligated from amounts made available in Public

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2335

Law 107–38: Provided, That of the amounts appropriated, no funds

shall be obligated for the purpose of sanitizing and screening the

mail until the Postal Service submits to the Committees on Appropriations, the House Committee on Government Reform, and the

Senate Committee on Governmental Affairs an emergency preparedness plan to combat the threat of biological and chemical substances

in the mail, including a plan for expenditure of funds in support

of the emergency preparedness plan.

EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF ADMINISTRATION

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$50,040,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

INDEPENDENT AGENCIES

GENERAL SERVICES ADMINISTRATION

REAL PROPERTY ACTIVITIES

FEDERAL BUILDINGS FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Federal Buildings Fund’’,

$126,512,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

OPERATING EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Operating Expenses’’,

$1,600,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

REPAIRS AND RESTORATION

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Repairs and Restoration’’, $1,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

GENERAL PROVISION, THIS CHAPTER

SEC. 1201. Section 652(c)(1) of Public Law 107–67 is amended

by striking ‘‘Section 414(c)’’ and inserting ‘‘Section 416(c)’’.

39 USC 416 and

note.

115 STAT. 2336 PUBLIC LAW 107–117—JAN. 10, 2002

CHAPTER 13

DEPARTMENT OF VETERANS AFFAIRS

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘General operating

expenses’’, $2,000,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Community Development

Fund’’, $2,000,000,000, to remain available until expended, to be

obligated from amounts made available in Public Law 107–38:

Provided, That such funds shall be subject to the first through

sixth provisos in section 434 of Public Law 107–73: Provided further, That the State of New York, in conjunction with the City of New

York, shall, through the Lower Manhattan Redevelopment Corporation (‘‘the corporation’’): (1) distribute the funds provided for the ‘‘Community Development Fund’’; (2) within 45 days of enactment

of this Act, issue the initial criteria and requirements necessary

to accept applications from individuals, nonprofits, and small

businesses for economic losses from the September 11, 2001, terrorist attacks; and (3) begin processing such applications: Provided

further, That the corporation shall expeditiously respond to any

application from an individual, nonprofit, or small business for

economic losses under this heading: Provided further, That of the

total amount made available for the ‘‘Community Development

Fund’’, including amounts previously made available by transfer

pursuant to the fifth proviso of Public Law 107–38, no less than

$500,000,000 shall be made available for individuals, nonprofits,

or small businesses described in the prior three provisos, with

a limit of $500,000 per small business for economic losses: Provided

further, That amounts made available in the previous proviso shall

only be available for individuals, nonprofits, or small businesses

located in New York City in the area located on or south of West

14th Street (west of its intersection with 5th Avenue), or on or

south of East 14th Street (east of its intersection with 5th Street):

Provided further, That, of the amount provided in this paragraph,

$10,000,000 shall be used for a program to aid the travel and

tourism industry in New York City.

MANAGEMENT AND ADMINISTRATION

OFFICE OF INSPECTOR GENERAL

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Office of Inspector General’’, $1,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

New York.

Deadline.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2337

INDEPENDENT AGENCIES

DEPARTMENT OF HEALTH AND HUMAN SERVICES

NATIONAL INSTITUTES OF HEALTH

NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States for ‘‘National Institute of

Environmental Health Sciences’’ for carrying out under current

authorities, worker training, research, and education activities,

$10,500,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

Public Law 107–73 is amended under this heading by adding ‘‘and section 126(g) of the Superfund Amendments and Reauthorization Act of 1986,’’ after the words, ‘‘as amended,’’.

ENVIRONMENTAL PROTECTION AGENCY

SCIENCE AND TECHNOLOGY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and to support activities

related to countering terrorism, for ‘‘Science and technology’’,

$90,308,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

ENVIRONMENTAL PROGRAMS AND MANAGEMENT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and to support activities

related to countering terrorism, for ‘‘Environmental programs and

management’’, $39,000,000, to remain available until expended,

to be obligated from amounts made available in Public Law 107–

38.

HAZARDOUS SUBSTANCE SUPERFUND

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, and to support activities

related to countering terrorism, for ‘‘Hazardous substance superfund’’, $41,292,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

STATE AND TRIBAL ASSISTANCE GRANTS

For making grants for emergency expenses to respond to the

September 11, 2001, terrorist attacks on the United States, and

to support activities related to countering potential biological and

chemical threats to populations, for ‘‘State and tribal assistance

grants’’, $5,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

The referenced statement of the managers under this heading

in Public Law 107–73 is deemed to be amended by striking ‘‘Florida

Department of Environmental Protection’’ in reference to item

number 92, and inserting ‘‘Southwest Florida Water Management

District’’; and by striking ‘‘Southeast’’ in reference to item number

9, and inserting ‘‘Southwest’’.

Ante, p. 682.

115 STAT. 2338 PUBLIC LAW 107–117—JAN. 10, 2002

The referenced statement of the managers under this heading

in Public Law 106–377 is deemed to be amended by striking ‘‘repairs

to water and sewer lines’’ in reference to item number 171 and

inserting ‘‘water and wastewater infrastructure improvements’’.

FEDERAL EMERGENCY MANAGEMENT AGENCY

DISASTER RELIEF

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Disaster relief’’,

$4,356,871,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

SALARIES AND EXPENSES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,

$25,000,000 to remain available until expended, to be obligated

from amounts made available in Public Law 107–38 of which not

less than $10,000,000 shall be used to enhance the capabilities

of the National Security Division.

EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

(INCLUDING TRANSFER OF FUNDS)

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Emergency management

planning and assistance’’, $10,000,000, to remain available until

expended, to be obligated from amounts made available in Public

Law 107–38, which shall be available for support of the 2002

Winter Olympics.

For an additional amount for emergency expenses to respond

to the September 11, 2001, terrorist attacks on the United States

and to support activities related to countering terrorism, for ‘‘Emergency management planning and assistance’’, $210,000,000, to

remain available until September 30, 2003, for programs as authorized by section 33 of the Federal Fire Prevention and Control

Act of 1974, as amended (15 U.S.C. 2201 et seq.), as in effect

on December 7, 2001, to be obligated from amounts made available

in Public Law 107–38: Provided, That up to 5 percent of this

amount shall be transferred to ‘‘Salaries and Expenses’’ for program

administration.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

HUMAN SPACE FLIGHT

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Human space flight’’, $76,000,000, to remain available until expended, to be obligated

from amounts made available in Public Law 107–38.

SCIENCE, AERONAUTICS AND TECHNOLOGY

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Science, aeronautics

and technology’’, $32,500,000, to remain available until expended,

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2339

to be obligated from amounts made available in Public Law 107– 38.

NATIONAL SCIENCE FOUNDATION

RESEARCH AND RELATED ACTIVITIES

For emergency expenses to respond to the September 11, 2001,

terrorist attacks on the United States, for ‘‘Research and related

activities’’, $300,000 to remain available until expended, to be obligated from amounts made available in Public Law 107–38.

GENERAL PROVISIONS, THIS CHAPTER

SEC. 1301. (a) This section may be cited as the ‘‘Unity in

the Spirit of America Act’’ or the ‘‘USA Act’’. (b) The National and Community Service Act of 1990 (42 U.S.C.

12501 et seq.) is amended by inserting before title V the following:

‘‘TITLE IV—PROJECTS HONORING

VICTIMS OF TERRORIST ATTACKS

‘‘SEC. 401. PROJECTS.

‘‘(a) DEFINITION.—In this section, the term ‘Foundation’ means

the Points of Light Foundation funded under section 301, or another

nonprofit private organization, that enters into an agreement with

the Corporation to carry out this section.

‘‘(b) IDENTIFICATION OF PROJECTS.—

‘‘(1) ESTIMATED NUMBER.—Not later than March 1, 2002,

the Foundation, after obtaining the guidance of the heads of

appropriate Federal agencies, such as the Director of the Office

of Homeland Security and the Attorney General, shall—

‘‘(A) make an estimate of the number of victims killed

as a result of the terrorist attacks on September 11, 2001

(referred to in this section as the ‘estimated number’);

and

‘‘(B) compile a list that specifies, for each individual

that the Foundation determines to be such a victim, the

name of the victim and the State in which the victim

resided.

‘‘(2) IDENTIFIED PROJECTS.—The Foundation may identify

approximately the estimated number of community-based

national and community service projects that meet the requirements of subsection (d). The Foundation may name projects

in honor of victims described in subsection (b)(1)(A), after

obtaining the permission of an appropriate member of the victim’s family and the entity carrying out the project.

‘‘(c) ELIGIBLE ENTITIES.—To be eligible to have a project named

under this section, the entity carrying out the project shall be

a political subdivision of a State, a business, a nonprofit organization (which may be a religious organization), an Indian tribe, or

an institution of higher education.

‘‘(d) PROJECTS.—The Foundation shall name, under this section,

projects—

‘‘(1) that advance the goals of unity, and improving the

quality of life in communities; and

Records.

Deadline.

42 USC 12671.

42 USC 12501

note.

Unity in the

Spirit of America

Act.

115 STAT. 2340 PUBLIC LAW 107–117—JAN. 10, 2002

‘‘(2) that will be planned, or for which implementation

will begin, within a reasonable period after the date of enactment of the Unity in the Spirit of America Act, as determined

by the Foundation.

‘‘(e) WEBSITE AND DATABASE.—The Foundation shall create and

maintain websites and databases, to describe projects named under

this section and serve as appropriate vehicles for recognizing the

projects.’’. SEC. 1302. Within funds previously appropriated as authorized

under the Native American Housing and Self Determination Act

of 1996 (Public Law 104–330, section 1(a); 110 Stat. 4016) and

made available to Cook Inlet Housing Authority, Cook Inlet Housing

Authority may use up to $9,500,000 of such funds to construct

student housing for Native college students, including an on-site

computer lab and related study facilities, and, notwithstanding

any provision of such Act to the contrary, Cook Inlet Housing

Authority may use a portion of such funds to establish a reserve

fund and to provide for maintenance of the project.

SEC. 1303. Of the amounts made available under both the

heading ‘‘Housing certificate fund’’ and the heading ‘‘Salaries and

Expenses’’ in title II of Public Law 107–73, not to exceed $11,300,000

shall be for the recordation and liquidation of obligations and deficiencies incurred in prior years in connection with the provision

of technical assistance authorized under section 514 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (‘‘section 514’’), and notwithstanding any other provision of law, for

new obligations for such technical assistance: Provided, That of

the $11,300,000 made available, up to $1,300,000 shall be for

reimbursement of vouchers submitted by section 514 grantees as

of October 15, 2001: Provided further, That of the total amount

provided under the heading ‘‘Salaries and Expenses’’ in title II

of Public Law 107–73, $500,000 shall be made available from salaries and expenses allocated to the Office of General Counsel and

$1,000,000 shall be made available from salaries and expenses

allocated to the Office of Multifamily Housing Assistance Restructuring in the Department of Housing and Urban Development for

new obligations for the provision of technical assistance authorized

under section 514: Provided further, That of the $11,300,000 provided under this section, no more than $10,000,000 shall be made

available for new obligations for technical assistance under section

514: Provided further, That from amounts made available under

this section, the Inspector General of the Department of Housing

and Urban Development (‘‘HUD Inspector General’’) shall audit

each provision of technical assistance obligated under the requirements of section 514 over the last 4 years: Provided further, That

to the extent the HUD Inspector General determines that the

use of any funding for technical assistance does not meet the

requirements of section 514, the Secretary of Housing and Urban

Development (‘‘Secretary’’) shall recapture any such funds: Provided

further, That no funds appropriated under title II of Public Law

107–73 and subsequent appropriations acts for the Department

of Housing and Urban Development shall be made available for

4 years to any entity (or any subsequent entity comprised of significantly the same officers) that has been identified as having violated

the requirements of section 514 by the HUD Inspector General:

Provided further, That, notwithstanding any other provision of law,

no funding for technical assistance shall be available for carryover

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2341

from any previous year: Provided further, That the recordation

and liquidation of obligations and deficiencies under this heading

shall not pardon or release an officer or employee of the United

States Government for an act or acts in violation of the Antideficiency 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 15 days prior to such

transfers pursuant to this authority.

This division may be cited as the ‘‘Emergency Supplemental

Act, 2002’’.

DIVISION C—SPENDING LIMITS AND BUDGETARY

ALLOCATIONS FOR FISCAL YEAR 2002

SEC. 101. (a) DISCRETIONARY SPENDING LIMITS.—Section

251(c)(6) of the Balanced Budget and Emergency Deficit Control

Act of 1985 is amended— 2 USC 901.

Reports.

Expiration date.

115 STAT. 2342 PUBLIC LAW 107–117—JAN. 10, 2002

(1) by striking subparagraph (A) and inserting the following:

‘‘(A) for the discretionary category: $681,441,000,000

in new budget authority and $670,206,000,000 in outlays;’’;

(2) in subparagraph (C), by striking the second ‘‘and’’ after

the semicolon; and

(3) in subparagraph (D), by striking ‘‘$1,232,000,000’’ and

inserting ‘‘$1,473,000,000’’.

(b) REVISED AGGREGATES AND ALLOCATIONS.—Upon the enactment of this section, the chairman of the Committee on the Budget

of the House of Representatives and the chairman of the Committee

on the Budget of the Senate shall each—

(1) revise the aggregate levels of new budget authority

and outlays for fiscal year 2002 set in sections 101(2) and

101(3) of the concurrent resolution on the budget for fiscal

year 2002 (H. Con. Res. 83, 107th Congress), to the extent

necessary to reflect the revised limits on discretionary budget

authority and outlays for fiscal year 2002 provided in subsection

(a);

(2) revise allocations under section 302(a) of the Congressional Budget Act of 1974 to the Committee on Appropriations

of their respective House as initially set forth in the joint

explanatory statement of managers accompanying the conference report on that concurrent resolution, to the extent necessary to reflect the revised limits on discretionary budget

authority and outlays for fiscal year 2002 provided in subsection

(a); and

(3) publish those revised aggregates and allocations in the

Congressional Record.

(c) REPEAL OF SECTION 203 OF BUDGET RESOLUTION FOR FISCAL

YEAR 2002.—Section 203 of the concurrent resolution on the budget

for fiscal year 2002 (H. Con. Res. 83, 107th Congress) is repealed.

(d) ADJUSTMENTS.—If, for fiscal year 2002, the amount of new

budget authority provided in appropriation Acts exceeds the discretionary spending limit on new budget authority for any category

due to technical estimates made by the Director of the Office of

Management and Budget, the Director shall make an adjustment

equal to the amount of the excess, but not to exceed an amount

equal to 0.12 percent of the sum of the adjusted discretionary

limits on new budget authority for all categories for fiscal year

2002.

SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In preparing the final

sequestration report for fiscal year 2002 required by section 254(f)(3)

of the Balanced Budget and Emergency Deficit Control Act of 1985,

the Director of the Office of Management and Budget shall change

any balance of direct spending and receipts legislation for fiscal

years 2001 and 2002 under section 252 of that Act to zero.

SEC. 103. When the President submits a budget of the United

States Government under section 1105(a) of title 31, United States

Code, for fiscal year 2003, he shall submit a report to the Congress

that identifies any emergency-designated funding (pursuant to section 251(b)(2)(A) or section 252(e) of the Balanced Budget and

Emergency Deficit Control Act of 1985) in legislation enacted after

September 11, 2001, and before such submission in response to

the events of September 11, 2001, that is of an ongoing and recurring nature.

President.

Reports.

2 USC 902 note.

Congressional

Record.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2343

SEC. 104. (a) The section 302(a) allocations, as adjusted pursuant to section 101(b), shall be deemed to be allocations set forth

in the joint explanatory statement of managers accompanying the

concurrent resolution on the budget for fiscal year 2002 for all

purposes under titles III and IV of the Congressional Budget Act

of 1974.

(b) REPEALER.—Section 221(d)(2) of the concurrent resolution

on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress,

1st session) is repealed.

DIVISION D—MISCELLANEOUS PROVISIONS

TITLE I—CONVEYANCE OF HOMESTAKE

MINE

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘Homestake Mine Conveyance

Act of 2001’’.

SEC. 102. FINDINGS.

Congress finds the following:

(1) The United States is among the leading nations in

the world in conducting basic scientific research.

(2) That leadership position strengthens the economy and

national defense of the United States and provides other important benefits.

(3) The Homestake Mine in Lead, South Dakota, owned

by the Homestake Mining Company of California, is approximately 8,000 feet deep and is situated in a unique physical

setting that is ideal for carrying out certain types of particle

physics and other research.

(4) The Mine has been selected by the National Underground Science Laboratory Committee, an independent panel

of distinguished scientists, as the preferred site for the construction of the National Underground Science Laboratory.

(5) Such a laboratory would be used to conduct scientific

research that would be funded and recognized as significant

by the United States.

(6) The establishment of the laboratory is in the national

interest and would substantially improve the capability of the

United States to conduct important scientific research.

(7) For economic reasons, Homestake intends to cease operations at the Mine in 2001.

(8) On cessation of operations of the Mine, Homestake

intends to implement reclamation actions that would preclude

the establishment of a laboratory at the Mine.

(9) Homestake has advised the State that, after cessation

of operations at the Mine, instead of closing the entire Mine,

Homestake is willing to donate the underground portion of

the Mine and certain other real and personal property of

substantial value at the Mine for use as the National Underground Science Laboratory.

(10) Use of the Mine as the site for the laboratory, instead

of other locations under consideration, would result in a savings

of millions of dollars for the Federal Government.

Homestake Mine

Conveyance Act

of 2001.

South Dakota.

California.

115 STAT. 2344 PUBLIC LAW 107–117—JAN. 10, 2002

(11) If the Mine is selected as the site for the laboratory,

it is essential that closure of the Mine not preclude the location

of the laboratory at the Mine.

(12) Homestake is unwilling to donate, and the State is

unwilling to accept, the property at the Mine for the laboratory

if Homestake and the State would continue to have potential

liability with respect to the transferred property.

(13) To secure the use of the Mine as the location for

the laboratory and to realize the benefits of the proposed laboratory it is necessary for the United States to—

(A) assume a portion of any potential future liability

of Homestake concerning the Mine; and

(B) address potential liability associated with the operation of the laboratory.

SEC. 103. DEFINITIONS.

In this title:

(1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the

Administrator of the Environmental Protection Agency.

(2) AFFILIATE.—

(A) IN GENERAL.—The term ‘‘affiliate’’ means any corporation or other person that controls, is controlled by,

or is under common control with Homestake.

(B) INCLUSIONS.—The term ‘‘affiliate’’ includes a

director, officer, or employee of an affiliate.

(3) CONVEYANCE.—The term ‘‘conveyance’’ means the

conveyance of the Mine to the State under section 104(a).

(4) FUND.—The term ‘‘Fund’’ means the Environment and

Project Trust Fund established under section 108.

(5) HOMESTAKE.—

(A) IN GENERAL.—The term ‘‘Homestake’’ means the

Homestake Mining Company of California, a California

corporation.

(B) INCLUSION.—The term ‘‘Homestake’’ includes—

(i) a director, officer, or employee of Homestake;

(ii) an affiliate of Homestake; and

(iii) any successor of Homestake or successor to

the interest of Homestake in the Mine.

(6) INDEPENDENT ENTITY.—The term ‘‘independent entity’’

means an independent entity selected jointly by Homestake,

the South Dakota Department of Environment and Natural

Resources, and the Administrator—

(A) to conduct a due diligence inspection under section

104(b)(2)(A); and

(B) to determine the fair value of the Mine under

section 105(a).

(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning

given the term in section 4 of the Indian Self-Determination

and Education Assistance Act (25 U.S.C. 450b).

(8) LABORATORY.—

(A) IN GENERAL.—The term ‘‘laboratory’’ means the

national underground science laboratory proposed to be

established at the Mine after the conveyance.

(B) INCLUSION.—The term ‘‘laboratory’’ includes operating and support facilities of the laboratory.

(9) MINE.—

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2345

(A) IN GENERAL.—The term ‘‘Mine’’ means the portion

of the Homestake Mine in Lawrence County, South Dakota,

proposed to be conveyed to the State for the establishment

and operation of the laboratory.

(B) INCLUSIONS.—The term ‘‘Mine’’ includes— (i) real property, mineral and oil and gas rights,

shafts, tunnels, structures, backfill, broken rock, fixtures, facilities, and personal property to be conveyed

for establishment and operation of the laboratory, as

agreed upon by Homestake and the State; and

(ii) any water that flows into the Mine from any

source.

(C) EXCLUSIONS.—The term ‘‘Mine’’ does not include— (i) the feature known as the ‘‘Open Cut’’;

(ii) any tailings or tailings storage facility (other

than backfill in the portion of the Mine described in

subparagraph (A)); or

(iii) any waste rock or any site used for the

dumping of waste rock (other than broken rock in

the portion of the Mine described in subparagraph

(A)).

(10) PERSON.—The term ‘‘person’’ means—

(A) an individual;

(B) a trust, firm, joint stock company, corporation

(including a government corporation), partnership, association, limited liability company, or any other type of business

entity;

(C) a State or political subdivision of a State;

(D) a foreign governmental entity;

(E) an Indian tribe; and

(F) any department, agency, or instrumentality of the

United States.

(11) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means

an entity that manages or pays the costs of one or more projects

that are carried out or proposed to be carried out at the laboratory.

(12) SCIENTIFIC ADVISORY BOARD.—The term ‘‘Scientific

Advisory Board’’ means the entity designated in the management plan of the laboratory to provide scientific oversight for

the operation of the laboratory.

(13) STATE.—

(A) IN GENERAL.—The term ‘‘State’’ means the State

of South Dakota.

(B) INCLUSIONS.—The term ‘‘State’’ includes an institution, agency, officer, or employee of the State.

SEC. 104. CONVEYANCE OF REAL PROPERTY.

(a) IN GENERAL.—

(1) DELIVERY OF DOCUMENTS.—Subject to paragraph (2)

and subsection (b) and notwithstanding any other provision

of law, on the execution and delivery by Homestake of one

or more quitclaim deeds or bills of sale conveying to the State

all right, title, and interest of Homestake in and to the Mine,

title to the Mine shall pass from Homestake to the State.

(2) CONDITION OF MINE ON CONVEYANCE.—The Mine shall

be conveyed as is, with no representations as to the condition

of the property.

115 STAT. 2346 PUBLIC LAW 107–117—JAN. 10, 2002

(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 one public hearing in Lead,

South Dakota, to receive comments on the draft

report.

(ii) FINAL REPORT.—In the final report submitted

to the Administrator under this paragraph, the independent entity shall respond to, and incorporate necessary changes suggested by, the comments received

on the draft report.

(4) REVIEW AND APPROVAL BY ADMINISTRATOR.—

Notice.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2347

(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 one or

more conditions that— (i) as determined by the Administrator, may

present an imminent and substantial endangerment

to the public health or the environment and require

a response action; or

(ii) otherwise make the conveyance in section 104,

or the assumption of liability, the release of liability,

or the indemnification in section 106 contrary to the

public interest.

(C) RESPONSE ACTIONS AND CERTIFICATION.—

(i) RESPONSE ACTIONS.—

(I) IN GENERAL.—If the Administrator rejects

the final report, Homestake may carry out or bear

the cost of, or permit the State or another person

to carry out or bear the cost of, such response

actions as are necessary to correct any condition

identified by the Administrator under subparagraph (B)(i) that may present an imminent and

substantial endangerment to public health or the

environment.

(II) LONG-TERM RESPONSE ACTIONS.—

(aa) IN GENERAL.—In a case in which the

Administrator determines that a condition

identified by the Administrator under

subparagraph (B)(i) requires continuing

response action, or response action that can

be completed only as part of the final closure

of the laboratory, it shall be a condition of

conveyance that Homestake, the State, or

another person deposit into the Fund such

amount as is estimated by the independent

entity, on a net present value basis and after

taking into account estimated interest on that

basis to be sufficient to pay the costs of the

long-term response action or the response

action that will be completed as part of the

final closure of the laboratory.

(bb) LIMITATION ON USE OF FUNDS.—None

of the funds deposited into the Fund under

item (aa) shall be expended for any purpose

other than to pay the costs of the long-term

response action, or the response action that

will be completed as part of the final closure

of the Mine, identified under that item.

(ii) CONTRIBUTION BY HOMESTAKE.—The total

amount that Homestake may expend, pay, or deposit

into the Fund under subclauses (I) and (II) of clause

(i) shall not exceed—

(I) $75,000,000; less

Notification.

Deadline.

115 STAT. 2348 PUBLIC LAW 107–117—JAN. 10, 2002

(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—

(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—

Deadline.

Deadline.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2349

(A) damages under paragraph (1)(A), only to the extent

that an award of damages is made in a civil action brought

under chapter 171 of title 28, United States Code, notwithstanding that the act or omission giving rise to the claim

was not committed by an employee of the United States;

and

(B) response costs under paragraph (1)(C), only to the

extent that an award of response costs is made in a civil

action brought under—

(i) the Federal Water Pollution Control Act (33

U.S.C. 1251 et seq.);

(ii) the Solid Waste Disposal Act (42 U.S.C. 6901

et seq.);

(iii) the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C.

9601 et seq.); or

(iv) any other applicable Federal environmental

law, as determined by the Administrator.

(b) LIABILITY PROTECTION.—On completion of the conveyance,

neither Homestake nor the State shall be liable to any person

or the United States for injuries, costs, injunctive relief, reclamation,

damages (including damages to natural resources or the environment), or expenses, or liable under any other claim (including

claims for indemnification or contribution, claims by third parties

for death, personal injury, illness, or loss of or damage to property,

or claims for economic loss), under any law (including a regulation)

for any claim arising out of or in connection with contamination,

pollution, or other condition, use, or closure of the Mine and laboratory, regardless of when a condition giving rise to the liability

originated or was discovered.

(c) INDEMNIFICATION.—Notwithstanding any other provision of

law, on completion of the conveyance in accordance with this title,

the United States shall indemnify, defend, and hold harmless

Homestake and the State from and against—

(1) any and all liabilities and claims described in subsection

(a), without regard to any limitation under subsection (a)(2);

and

(2) any and all liabilities and claims described in subsection

(b).

(d) WAIVER OF SOVEREIGN IMMUNITY.—For purposes of this

title, the United States waives any claim to sovereign immunity

with respect to any claim of Homestake or the State under this

title.

(e) TIMING FOR ASSUMPTION OF LIABILITY.—If the conveyance

is effectuated by more than one legal transaction, the assumption

of liability, liability protection, indemnification, and waiver of sovereign immunity provided for under this section shall apply to

each legal transaction, as of the date on which the transaction

is completed and with respect to such portion of the Mine as

is conveyed under that transaction.

(f) EXCEPTIONS FOR CERTAIN CLAIMS.—Nothing in this section

constitutes an assumption of liability by the United States, or

relief of liability of Homestake, for—

(1) any unemployment, worker’s compensation, or other

employment-related claim or cause of action of an employee

of Homestake that arose before the date of conveyance;

115 STAT. 2350 PUBLIC LAW 107–117—JAN. 10, 2002

(2) any claim or cause of action that arose before the

date of conveyance, other than claims relating to environmental

response costs or natural resource damages; or

(3) any violation of any provision of criminal law.

(g) EXCEPTION FOR OFF-SITE ENVIRONMENTAL CLAIMS.—

Nothing in this title constitutes an assumption of liability by the

United States, relief of liability for Homestake, or obligation to

indemnify Homestake, for any claim, injury, damage, liability, or

reclamation or cleanup obligation with respect to any property

or asset that is not conveyed under this title, except to the extent

that any such claim, injury, damage, liability, or reclamation or

cleanup obligation is based on activities or events at the Mine

subsequent to the date of conveyance.

SEC. 107. INSURANCE COVERAGE.

(a) PROPERTY AND LIABILITY INSURANCE.—

(1) IN GENERAL.—To the extent property and liability insurance is available and subject to the requirements described

in paragraph (2), the State shall purchase property and liability

insurance for the Mine and the operation of the laboratory

to provide coverage against the liability described in subsections

(a) and (b) of section 106.

(2) REQUIREMENTS.—The requirements referred to in paragraph (1) are the following:

(A) TERMS OF INSURANCE.—In determining the type,

extent of coverage, and policy limits of insurance purchased

under this subsection, the State shall—

(i) periodically consult with the Administrator and

the Scientific Advisory Board; and

(ii) consider certain factors, including—

(I) the nature of the projects and experiments

being conducted in the laboratory;

(II) the availability and cost of commercial

insurance; and

(III) the amount of funding available to purchase commercial insurance.

(B) ADDITIONAL TERMS.—The insurance purchased by

the State under this subsection may provide coverage that

is—

(i) secondary to the insurance purchased by project

sponsors; and

(ii) in excess of amounts available in the Fund

to pay any claim.

(3) FINANCING OF INSURANCE PURCHASE.—

(A) IN GENERAL.—Subject to section 108, the State

may finance the purchase of insurance required under this

subsection by using—

(i) funds made available from the Fund; and

(ii) such other funds as are received by the State

for the purchase of insurance for the Mine and laboratory.

(B) NO REQUIREMENT TO USE STATE FUNDS.—Nothing

in this title requires the State to use State funds to purchase insurance required under this subsection.

(4) ADDITIONAL INSURED.—Any insurance purchased by the

State under this subsection shall—

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2351

(A) name the United States as an additional insured;

or

(B) otherwise provide that the United States is a beneficiary of the insurance policy having the primary right

to enforce all rights of the United States under the policy.

(5) TERMINATION OF OBLIGATION TO PURCHASE INSURANCE.—The obligation of the State to purchase insurance under

this subsection shall terminate on the date on which—

(A) the Mine ceases to be used as a laboratory; or

(B) sufficient funding ceases to be available for the

operation and maintenance of the Mine or laboratory.

(b) PROJECT INSURANCE.—

(1) IN GENERAL.—The State, in consultation with the

Administrator and the Scientific Advisory Board, may require,

as a condition of approval of a project for the laboratory, that

a project sponsor provide property and liability insurance or

other applicable coverage for potential liability associated with

the project described in subsections (a) and (b) of section 106.

(2) ADDITIONAL INSURED.—Any insurance obtained by the

project sponsor under this section shall—

(A) name the State and the United States as additional

insureds; or

(B) otherwise provide that the State and the United

States are beneficiaries of the insurance policy having the

primary right to enforce all rights under the policy.

(c) STATE INSURANCE.—

(1) IN GENERAL.—To the extent required by State law,

the State shall purchase, with respect to the operation of the

Mine and the laboratory—

(A) unemployment compensation insurance; and

(B) worker’s compensation insurance.

(2) PROHIBITION ON USE OF FUNDS FROM FUND.—A State

shall not use funds from the Fund to carry out paragraph

(1).

SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.

(a) ESTABLISHMENT.—On completion of the conveyance, the

State shall establish, in an interest-bearing account at an accredited

financial institution located within the State, the Environment and

Project Trust Fund.

(b) AMOUNTS.—The Fund shall consist of—

(1) an annual deposit from the operation and maintenance

funding provided for the laboratory in an amount to be

determined—

(A) by the State, in consultation with the Administrator

and the Scientific Advisory Board; and

(B) after taking into consideration—

(i) the nature of the projects and experiments being

conducted at the laboratory;

(ii) available amounts in the Fund;

(iii) any pending costs or claims that may be

required to be paid out of the Fund; and

(iv) the amount of funding required for future

actions associated with the closure of the facility;

(2) an amount determined by the State, in consultation

with the Administrator and the Scientific Advisory Board, and

115 STAT. 2352 PUBLIC LAW 107–117—JAN. 10, 2002

to be paid by the appropriate project sponsor, for each project

to be conducted, which amount— (A) shall be used to pay— (i) costs incurred in removing from the Mine or

laboratory equipment or other materials related to the

project;

(ii) claims arising out of or in connection with

the project; and

(iii) if any portion of the amount remains after

paying the expenses described in clauses (i) and (ii),

other costs described in subsection (c); and

(B) may, at the discretion of the State, be assessed—

(i) annually; or

(ii) in a lump sum as a prerequisite to the approval

of the project;

(3) interest earned on amounts in the Fund, which amount

of interest shall be used only for a purpose described in subsection (c); and

(4) all other funds received and designated by the State

for deposit in the Fund.

(c) EXPENDITURES FROM FUND.—Amounts in the Fund shall

be used only for the purposes of funding—

(1) waste and hazardous substance removal or remediation,

or other environmental cleanup at the Mine;

(2) removal of equipment and material no longer used,

or necessary for use, in conjunction with a project conducted

at the laboratory;

(3) a claim arising out of or in connection with the conducting of such a project;

(4) purchases of insurance by the State as required under

section 107;

(5) payments for and other costs relating to liability

described in section 106; and

(6) closure of the Mine and laboratory.

(d) FEDERAL PAYMENTS FROM FUND.—The United States— (1) to the extent the United States assumes liability under

section 106—

(A) shall be a beneficiary of the Fund; and

(B) may direct that amounts in the Fund be applied

to pay amounts and costs described in this section; and

(2) may take action to enforce the right of the United

States to receive one or more payments from the Fund.

(e) NO REQUIREMENT OF DEPOSIT OF PUBLIC FUNDS.—Nothing

in this section requires the State to deposit State funds as a

condition of the assumption by the United States of liability, or

the relief of the State or Homestake from liability, under section

106.

SEC. 109. WASTE ROCK MIXING.

After completion of the conveyance, the State shall obtain the

approval of the Administrator before disposing of any material

quantity of laboratory waste rock if—

(1) the disposal site is on land not conveyed under this

title; and

(2) the State determines that the disposal could result

in commingling of laboratory waste rock with waste rock disposed of by Homestake before the date of conveyance.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2353

SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.

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

SEC. 111. CONTINGENCY.

This title shall be effective contingent on approval by the

National Science Board and the making of an award by the National

Science Foundation for the establishment of the laboratory at the

Mine.

SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.

If the conveyance under this title does not occur, any obligation

of Homestake relating to the Mine shall be limited to such reclamation or remediation as is required under any applicable law other

than this title.

SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.

The United States may seek payment— (1) from the Fund, under section 108(d), to pay or reimburse

the United States for amounts payable or liabilities incurred

under this title; and

(2) from available insurance, to pay or reimburse the

United States and the Fund for amounts payable or liabilities

incurred under this title.

SEC. 114. CONSENT DECREES.

Nothing in this title affects any obligation of a party under— (1) the 1990 Remedial Action Consent Decree (Civ. No.

90–5101 D. S.D.); or

(2) the 1999 Natural Resource Damage Consent Decree

(Civ. Nos. 97–5078 and 97–5100, D. S.D.).

SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are

necessary to carry out this title.

SEC. 116. CONGRESSIONAL BUDGET ACT.

Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines

set forth in the joint explanatory statement of the committee of

conference accompanying Conference Report 105–217, the provisions

of this title that would have been estimated by the Office of Management and Budget as changing direct spending or receipts under

section 252 of the Balanced Budget and Emergency Deficit Control

Act of 1985 were it included in an Act other than an appropriations

Act shall be treated as direct spending or receipts legislation, as

appropriate, under section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, and by the Chairmen of the

House and Senate Budget Committees, as appropriate, under the

Congressional Budget Act.

TITLE II—GENERAL PROVISION, THIS DIVISION

SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY CENTER FOR

THE PERFORMING ARTS. (a) MEMBERSHIP.—Section 2(a) of the John

F. Kennedy Center Act (20 U.S.C. 76h(a)) is amended—

(1) by striking ‘‘There is hereby’’ and inserting the following:

‘‘(1) IN GENERAL.—There is’’; and

115 STAT. 2354 PUBLIC LAW 107–117—JAN. 10, 2002

(2) by striking the second sentence and inserting the following:

‘‘(2) MEMBERSHIP.—The Board shall be composed of—

‘‘(A) the Secretary of Health and Human Services;

‘‘(B) the Librarian of Congress;

‘‘(C) the Secretary of State;

‘‘(D) the Chairman of the Commission of Fine Arts;

‘‘(E) the Mayor of the District of Columbia;

‘‘(F) the Superintendent of Schools of the District of

Columbia;

‘‘(G) the Director of the National Park Service;

‘‘(H) the Secretary of Education;

‘‘(I) the Secretary of the Smithsonian Institution;

‘‘(J)(i) the Speaker and the Minority Leader of the

House of Representatives;

‘‘(ii) the chairman and ranking minority member of

the Committee on Public Works and Transportation of

the House of Representatives; and

‘‘(iii) three additional Members of the House of Representatives appointed by the Speaker of the House of

Representatives;

‘‘(K)(i) the Majority Leader and the Minority Leader

of the Senate;

‘‘(ii) the chairman and ranking minority member of

the Committee on Environment and Public Works of the

Senate; and

‘‘(iii) three additional Members of the Senate appointed

by the President of the Senate; and

‘‘(L) thirty-six general trustees, who shall be citizens

of the United States, to be appointed in accordance with

subsection (b).’’.

(b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES.—Section

2(b) of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall

apply to each general trustee of the John F. Kennedy Center for

the Performing Arts whose position is established by the amendment made by subsection (a)(2) (referred to in this subsection as

a ‘‘new general trustee’’), except that the initial term of office

of each new general trustee shall—

(1) commence on the date on which the new general trustee

is appointed by the President; and

Termination (2) terminate on September 1, 2007.

date.

Effective date.

President.

Applicability.

20 USC 76h note.

PUBLIC LAW 107–117—JAN. 10, 2002 115 STAT. 2355

LEGISLATIVE HISTORY—H.R. 3338:

HOUSE REPORTS: Nos. 107–298 (Comm. on Appropriations) and 107–350

(Comm. of Conference).

SENATE REPORTS: No. 107–109 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 147 (2001):

Nov. 28, considered and passed House.

Dec. 6, 7, considered and passed Senate, amended.

Dec. 20, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Jan. 10, Presidential remarks and statement.

Æ

This Act may be cited as the ‘‘Department of Defense and

Emergency Supplemental Appropriations for Recovery from and

Response to Terrorist Attacks on the United States Act, 2002’’.

Approved January 10, 2002.