I
107TH CONGRESS
1ST SESSION
H. R. 3393
Making additional emergency supplemental appropriations for fiscal year 2002
for urgent counter-terrorism activities.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 4, 2001
Mr. MURTHA introduced the following bill; which was referred to the
Committee on Appropriations
A BILL
Making additional emergency supplemental appropriations
for fiscal year 2002 for urgent counter-terrorism activities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Urgent Counter-Ter-
rorism Supplemental Appropriations Act, 2002’’.
SEC. 2. STATEMENT OF APPROPRIATION.
The following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for fis-
cal year 2002, and for other purposes.
TITLE I—APPROPRIATION AND
TRANSFERS OF FUNDS
SEC. 101. APPROPRIATION.
In addition to the amounts provided in any other Act,
there is hereby appropriated $6,548,000,000 to the ‘‘De-
fense Emergency Response Fund’’ only for the purpose
of upgrading critical defense and intelligence capabilities
to fight the war on terrorism and to recover from the at-
tacks of September 11, 2001.
SEC. 102. TRANSFERS OF FUNDS.
Notwithstanding any other provision of law or this
Act, within 15 days after the President makes an emer-
gency designation under section 301 for any amount speci-
fied in any section of title II, the Secretary of Defense
shall transfer the requisite funds appropriated by section
101 to appropriate accounts in the Treasury in accordance
with the allocations specified in title II.
TITLE II—ALLOCATION OF
FUNDS
SEC. 201. ANTI-TERRORISM INTELLIGENCE UPGRADES.
To upgrade and improve the effectiveness of counter-
terrorism intelligence collection and analysis, to better
protect intelligence resources from terrorist attack, and to
accelerate the installation of real-time linkages between in-
telligence systems and military warfighting platforms,
$2,001,000,000 of the funds appropriated in section 101
shall be allocated as follows:
(1) $368,000,000 shall be available only to im-
prove Department of Defense and intelligence agen-
cy human intelligence collection capabilities against
terrorist organizations to include additional man-
power, additional analytical capability, and agent op-
eration expenses.
(2) $245,000,000 shall be available only to the
Director of Central Intelligence to support critical
foreign counter-intelligence force protection require-
ments and to provide additional counter-terrorism
assistance to the Federal Bureau of Investigation in
accordance with law.
(3) $80,000,000 shall be available only to the
Director of Central Intelligence to upgrade counter-
terrorism intelligence tasking, processing, exploi-
tation, and dissemination capabilities.
(4) $55,000,000 shall be available only to the
Secretary of Defense to upgrade counter-terrorism
intelligence tasking, processing, exploitation, and
dissemination capabilities.
(5) $497,000,000 shall be available only to pro-
cure and support the enhancement and deployment
of additional Intelligence, Surveillance, and Recon-
naissance assets in support of Operation Enduring
Freedom and follow-on anti-terrorist operations.
(6) $159,000,000 shall be available only to en-
hance Navy and Air Force electronic networking of
assets and time critical targeting capabilities.
(7) $182,000,000 shall be available only to pro-
cure Link 16 systems for tactical ISR platforms to
allow real time data exchange between combat and
command and control platforms.
(8) $415,000,000 shall be available only to the
Director of Central Intelligence, in consultation with
the Secretary of Defense, for intelligence agency
physical security upgrades, data survivability/con-
tinuity enhancements, and satellite infrastructure
improvements.
SEC. 202. CHEMICAL AND BIOLOGICAL WARFARE DEFENSE
CAPABILITIES.
To upgrade and improve the ability of the United
States to detect, prevent and respond to chemical and bio-
logical warfare terrorist attacks at home and abroad,
$817,000,000 of the funds appropriated in section 101
shall be allocated as follows:
(1) $307,000,000 shall be available only for
rapid development and/or procurement and deploy-
ment of biological weapons detection systems and
chemical/biological decontamination equipment at
key military and civilian facilities.
(2) $82,000,000 shall be available only to accel-
erate production of anthrax vaccines and smallpox
vaccine samples, to develop next generation anthrax
vaccines, and to develop, test, evaluate and procure
new drug therapies to counter biological threat
agents.
(3) $185,000,000 shall be available only to
equip existing Army National Guard Weapons of
Mass Destruction Civil Support teams (WMD–CST
teams) with mobile analytical laboratory capabilities
and to establish, train and equip additional WMD–
CST teams in the following States and territories in
order to complete the objective of establishing
WMD–CST teams in each State and territory:
(A) Alabama.
(B) Connecticut.
(C) Delaware.
(D) District of Columbia.
(E) Indiana.
(F) Kansas.
(G) Maryland.
(H) Michigan.
(I) Mississippi.
(J) Montana.
(K) Nebraska.
(L) New Hampshire.
(M) New Jersey.
(N) Nevada.
(O) North Carolina.
(P) North Dakota.
(Q) Oregon.
(R) Rhode Island.
(S) South Dakota.
(T) Tennessee.
(U) Utah.
(V) Vermont.
(W) West Virginia.
(X) Wisconsin.
(Y) Wyoming.
(Z) American Samoa.
(AA) Guam.
(BB) Puerto Rico and Virgin Islands.
(4) $40,000,000 shall be available only for bio-
logical weapons proliferation prevention activities
under the Cooperative Threat Reduction Program.
Of such funds, $30,000,000 shall be transferred to
‘‘Department of State—Nonproliferation, Anti-Ter-
rorism, Demining, and Related Programs’’ only for
the purpose of supporting expansion of the Biologi-
cal Weapons Redirect and International Science and
Technology Centers programs to prevent former So-
viet weapons experts from emigrating to proliferant
States and to reconfigure former Soviet biological
weapons production facilities for peaceful uses.
(5) $68,000,000 shall be available only to sup-
port and equip Marine Corps and Army chemical/bi-
ological warfare response teams, including the pro-
curement of additional mobile decontamination units
for these teams.
(6) $25,000,000 shall be available only for the
Army Chemical Stockpile Emergency Preparedness
Program for State and Federal technical assistance
projects to ensure public safety at chemical weapons
storage facilities in the following States:
(A) Alabama.
(B) Arkansas.
(C) Colorado.
(D) Illinois.
(E) Indiana.
(F) Maryland.
(G) Kentucky.
(H) Oregon.
(I) Utah.
(J) Washington.
(7) $60,000,000 shall be available only for the
procurement of interoperable communications equip-
ment to enable Army emergency response teams to
communicate with local emergency response per-
sonnel.
(8) $50,000,000 shall be available only to im-
plement short-term facility repairs and improve-
ments at the biocontainment research laboratories of
the Army Medical Research Institute of Infectious
Disease at Fort Detrick, Maryland, and the facilities
of the Army Institute of Pathology (AFIP) at the
Walter Reed Medical Center for the purpose of im-
proving quick response to demands for confirmatory
and diagnostic testing of potential biological threats
and to accelerate the development of treatments and
vaccines against biological agents.
SEC. 203. SPECIAL FORCES COUNTER-TERRORISM CAPA-
BILITY.
To upgrade and improve the ability of Special Forces
to successfully operate in Operation Enduring Freedom
and future anti-terrorist operations, $755,000,000 of the
funds appropriated in section 101 shall be allocated as fol-
lows:
(1) $50,000,000 shall be available only for the
procurement of AN/PRC 112B survival radios for
SOF rescue/extraction teams to provide geo-location
and low probability of intercept/detection commu-
nications capability.
(2) $90,000,000 shall be available only to pro-
cure common missile warning systems and improved
conventional munitions dispensers for the MH–47
and MH–60 aircraft to enhance rotary wing surviv-
ability.
(3) $125,000,000 shall be available only to sup-
port counter-terrorism full mission profile training to
increase the probability of mission success and de-
crease the possibility of fratricide and to provide for
shortfalls in flying hours necessary to conduct such
training and operations.
(4) $125,000,000 shall be available only to sup-
port survivability and mission enhancement upgrades
for C–130, MH–53, and other SOF aircraft.
(5) $165,000,000 shall be available only to pro-
cure nonstandard weapons and ammunition, uncon-
ventional equipment and supplies, and other SOF
unique counter-terrorism enhancements to current
capabilities.
in conformance with normal reprogramming proce-
dures and guidelines.
(5) $107,000,000 shall be available only to im-
prove secure communications capabilities of the
Army Reserve components by providing hardening,
redundancy, storage, and information assurance for
network infrastructure.
SEC. 205. FORCE PROTECTION AND RECOVERY ACTIVITIES.
To upgrade physical security at Department of De-
fense and intelligence agency installations, and to accel-
erate efforts to repair, reconstruct, and renovate the Pen-
tagon Reservation, $966,000,000 of the funds appro-
priated in section 101 shall be allocated as follows:
(1)(A) $800,000,000 shall be available 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 Pentagon renovation project by at
least 4 years from the current estimated completion
date of 2014.
(B) None of the funds under this paragraph
shall be obligated until 15 days after the Secretary
of Defense has submitted to the Congress a revised
Pentagon renovation plan to include estimated total
costs by year and by function, a comprehensive con-
struction schedule, an assessment of the security
and operational benefits derived from an accelerated
schedule, and a certification that it is the Sec-
retary’s best estimate that expenditure of such funds
will accelerate the final completion of the Pentagon
renovation by at least 4 years.
(2) $45,000,000 shall be available only to pro-
cure patrol boat equipment in support of enhanced
Navy capabilities to maintain threat standoff dis-
tances in foreign ports.
(3) $30,000,000 shall be available only to pro-
cure security equipment identified by the Navy to be
necessary to increase the security of military sealift
ships.
(4) $25,000,000 shall be available only to up-
grade firefighting self contained breathing equip-
ment on Navy surface ships.
(5) $31,000,000 shall be available only for
Navy and Air Force anti-access equipment.
(6) $25,000,000 shall be available only for
Army anti-access equipment.
(7) $10,000,000 shall be available only to mod-
ernize the USS Comfort and USS Mercy hospital
ships.
SEC. 206. ESSENTIAL AIRCRAFT UPGRADES.
To make essential upgrades and improvements in air-
craft capabilities for operating in the Central Asia region,
$602,000,000 of the funds appropriated in section 101
shall be allocated as follows:
(1) $88,000,000 shall be available only for the
procurement of additional decoys, armor, and other
self-protection upgrades for Air Force aircraft.
(2) $55,000,000 shall be available only for the
procurement of additional laser detecting sets and
other self protection and engine upgrades for Army
(including SOCOM) helicopters.
(3) $48,000,000 shall be available only for the
procurement of crashworthy UH–60 helicopter ex-
tended range fuel tanks.
(4) $129,000,000 shall be available only to ac-
celerate planned electronic self protection, commu-
nications, navigation, and engine upgrade modifica-
tions to combat search and rescue helicopters.
(5) $67,000,000 shall be available only to pro-
cure additional Litening targeting pods for AV–8B
Harrier aircraft.
(6) $70,000,000 shall be available only to up-
grade strategic communications systems for the na-
tional airborne command post.
(7) $145,000,000 shall be available only to im-
prove the reliability of B–52 electronics and the
maintainability of B–2 surfaces.
SEC. 207. OPERATION ENDURING FREEDOM OPERATIONAL
COSTS.
To ensure that the military services are not required
to make reductions in essential training, readiness, equip-
ment maintenance, quality of life, or research and develop-
ment programs in order to pay for the unbudgeted and
unpredictable operational costs of Operation Enduring
Freedom, and to ensure that the aging equipment being
used in Operation Enduring Freedom is properly main-
tained, $495,000,000 of the funds appropriated in section
101 shall be allocated as follows:
(1) $220,000,000 shall be available only to sup-
plement the defense working capital funds for in-
creased fuel, base operations, and training costs.
(2) $200,000,000 shall be available only for ad-
ditional spare parts to support Operation Enduring
Freedom.
(3) $75,000,000 shall be available only for in-
creased depot maintenance requirements resulting
from Operations Noble Eagle and Enduring Free-
dom.
TITLE III—GENERAL
PROVISIONS
SEC. 301. EMERGENCY DESIGNATION.
The entire amount specified in any section of title
II—
(1) is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Con-
trol Act of 1985; and
(2) shall be available only if an official budget
request for the entire amount contained in such sec-
tion, that includes designation of the entire amount
as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of
1985, is transmitted by the President to the Con-
gress.
SEC. 302. REPORTING REQUIREMENT.
Within 15 days after the President makes an emer-
gency designation under section 301 for the amount speci-
fied in any section of title II, the Secretary of Defense
shall provide to the Congress a report specifying the ac-
counts to which the funds involved are to be transferred
and project level budget justifications for each transfer.
SEC. 303. MERGER OF AMOUNTS.
Funds transferred under this Act shall be merged
with, and shall be available for the same time period as,
the appropriations to which the funds are transferred.
SEC. 304. AUTHORIZATION OF FUNDS FOR INTELLIGENCE
ACTIVITIES.
Funds transferred under this Act to accounts for in-
telligence activities are deemed to be specifically author-
ized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
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