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(A) the Chairman of the Capitol Police
Board; or
(B) in the absence of the Chairman of the
Capitol Police Board—
(i) the Sergeant at Arms and Door-
keeper of the Senate, in the case of any
matter relating to the Senate; or
(ii) the Sergeant at Arms of the
House of Representatives, in the case of
any matter relating to the House; and
(3) either—
(A)
on
a
temporary
and
reimbursable
basis; or
(B) on a permanent reimbursable basis
upon advance written request of the Chairman
of the Capitol Police Board.
(c)
REPORTS
ON
EXPENDITURES
FOR
ASSIST-
ANCE.—
(1) REPORTS.—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 re-
port not later than 30 days after the end of the fis-
cal year to the Chairman of the Capitol Police
Board.
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(2) CONTENTS.—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 OF REPORTS.—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.
(d) EFFECTIVE DATE.—This section shall apply with
respect to fiscal year 2002 and each succeeding fiscal year.
SEC. 807. (a) Notwithstanding any other provision
of law, the United States Capitol Preservation Commis-
sion 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.
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(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
SEC. 808. (a) Section 1 of Public Law 93–180 (40
U.S.C. 166d) is amended—
(1) by striking ‘‘secure, through rental, lease, or
other appropriate agreement, storage space’’ and in-
serting ‘‘acquire, through purchase, lease, or other
appropriate arrangement, property or space’’;
(2) by inserting ‘‘the United States Capitol Po-
lice,’’ after ‘‘Representatives,’’; and
(3) by striking ‘‘as such Commission and com-
mittee may authorize’’ and inserting ‘‘as the Archi-
tect deems reasonable and appropriate’’.
(b) Nothing in the amendment made by subsection
(a) may be construed to affect the authority provided to
the Architect of the Capitol under section 128 of the Leg-
islative Branch Appropriations Act, 2002, to secure the
property described in such section.
(c) The amendment made by subsection (a) shall
apply with respect to fiscal year 2002 and each succeeding
fiscal year.
SEC. 809. (a) Public Law 107–68 is amended in the
item relating to ‘‘ARCHITECT OF THE CAPITOL—
CAPITOL VISITOR CENTER’’—
(1) by striking ‘‘unassigned space in the’’;
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(2) by striking ‘‘for House space’’; and
(3) by striking ‘‘for Senate space’’.
(b) The amendment made by subsection (a) shall take
effect as if included in the enactment of Public Law 107–
68.
SEC. 810. (a) In accordance with the authority de-
scribed in section 308(a) of the Legislative Branch Appro-
priations 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. 811. (a) Public Law 107–68 is amended by add-
ing at the end the following:
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‘‘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.
CHAPTER 9
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 ‘‘Mili-
tary Construction, Army’’, $55,700,000, to remain avail-
able 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 ‘‘Mili-
tary Construction, Navy’’, $2,000,000, to remain available
until expended: Provided, That these funds shall be obli-
gated 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 ‘‘Mili-
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tary Construction, Air Force’’, $47,700,000, to remain
available until expended: Provided, That these funds shall
be obligated from amounts made available in Public Law
107–38.
GENERAL PROVISIONS—THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
SEC. 901. The Secretary of Defense may transfer to
the ‘‘Defense Emergency Response Fund’’ amounts appro-
priated in Military Construction Appropriations Acts only
if the Secretary makes a determination that amounts in
the Fund are insufficient to carry out needed military con-
struction projects. In exercising the transfer authority pro-
vided by this section, the Secretary of Defense shall first
transfer unobligated balances remaining from fiscal year
2001 and earlier fiscal years before transferring any
amounts appropriated in the Military Construction Appro-
priations Act, 2002. Amounts so transferred shall be avail-
able solely for military construction projects, including ac-
tivities described in section 2802(b) of title 10, United
States Code. At least 10 days prior to each such transfer,
the Secretary of Defense shall notify the appropriate de-
fense committees, shall provide an accompanying form
1391, and shall describe the source of funds from which
the transfer is derived.
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SEC. 902. Amounts made available to the Depart-
ment 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 re-
spond to or protect against acts or threatened acts of ter-
rorism. At least 10 days prior to carrying out such mili-
tary construction project, the Secretary shall notify the
appropriate defense committees and shall provide an ac-
companying form 1391.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $458,000, to remain available until
expended, to be obligated from amounts made available
in Public Law 107–38.
TRANSPORTATION SECURITY ADMINISTRATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for the
‘‘Transportation Security Administration’’, $15,000,000,
to remain available until September 30, 2002, to be obli-
gated from amounts made available in Public Law 107–
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38: Provided, That obligation of funds under this heading
is subject to enactment of legislation authorizing the es-
tablishment of such office.
AIRCRAFT PASSENGER AND BAGGAGE SCREENING
ACTIVITIES
For necessary expenses of the Secretary of Transpor-
tation to carry out responsibilities for the screening of pas-
sengers and property on passenger aircraft in air trans-
portation that originates in the United States or intrastate
air transportation that, on September 11, 2001, was per-
formed by an employee or agent of an air carrier, intra-
state air carrier, or foreign air carrier, $1,000,000,000
(increased by $250,000,000), to remain available until ex-
pended: Provided, That none of the funds under this head-
ing may be obligated or expended until enactment of legis-
lation authorizing: (1) the conduct of such activities,
whether by contract, grant, or direct federal personnel, by
an organization within the Department of Transportation
other than the Federal Aviation Administration; (2) the
collection of passenger and baggage screening user fees
designed to offset the cost of these activities; and (3) the
crediting of the fees as offsetting collections to the account
financing the activities and services for which the fee is
imposed: Provided further, That the sum herein appro-
priated shall be reduced, on a dollar for dollar basis, as
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such offsetting collections are received, so as to result in
a final fiscal year 2002 appropriation of zero.
COAST GUARD
OPERATING EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Op-
erating Expenses,’’ $144,913,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
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 ‘‘Op-
erations,’’ $291,500,000, to remain available until ex-
pended, 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 ‘‘Fa-
cilities and Equipment’’, $175,000,000, to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
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FEDERAL HIGHWAY ADMINISTRATION
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 re-
main available until expended, to be included in the total
of 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 avail-
able 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 ‘‘For-
mula Grants,’’ $23,500,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
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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 ‘‘Re-
search and Special Programs,’’ $2,500,000, to remain
available until expended, 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 ‘‘Sal-
aries and Expenses,’’ $465,000, to remain available until
expended, to be obligated from amounts made available
in Public Law 107–38.
CHAPTER 11
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 ‘‘Sal-
aries and Expenses’’, $2,032,000, to remain available
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until expended, to be obligated from amounts made avail-
able 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 ‘‘Sal-
aries and Expenses’’, $1,700,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
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 ‘‘Sal-
aries and Expenses’’, $23,231,000, to remain available
until expended, to be obligated from amounts made avail-
able 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 ‘‘Ac-
quisition, Construction, Improvements, and Related Ex-
penses’’, $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 ac-
quisition of architectural and engineering services for the
construction of facilities at the Cheltenham, Maryland,
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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 serv-
ices 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 ‘‘Sal-
aries and Expenses’’, $31,431,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38, of which $5,200,000 may be
used for necessary expenses of site acquisition, construc-
tion, 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 ‘‘Sal-
aries and Expenses’’, to meet requirements, including
technology, along the northern border and at critical sea-
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ports, $160,146,000, to remain available until expended,
to be obligated from amounts made available in Public
Law 107–38.
In addition, for an additional amount for ‘‘Salaries
and Expenses’’ for response and recovery costs, a commer-
cial
backup
facility
and
enhanced
security
for
the
Newington Data Center, and additional staffing and office
expenses for anti-money laundering and foreign oper-
ations, $141,613,000, to remain available until expended,
to be obligated from amounts made available in Public
Law 107–38.
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 ‘‘Op-
eration, Maintenance and Procurement, Air and Marine
Interdiction Programs’’, $6,700,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
INTERNAL REVENUE SERVICE
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.
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UNITED STATES SECRET SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $104,769,000, to remain available
until expended, to be obligated from amounts made avail-
able 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 Stats, for ‘‘Fed-
eral Buildings fund’’, $87,360,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
CHAPTER 12
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 ‘‘Gen-
eral operating expenses’’, $2,000,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
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DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
MANAGEMENT AND ADMINISTRATION
OFFICE OF INSPECTOR GENERAL
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Of-
fice of Inspector General’’, $1,000,000, to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
INDEPENDENT AGENCIES
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE AND TECHNOLOGY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for
‘‘Science and technology’’, $10,000,000, to remain avail-
able 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 for ‘‘En-
vironmental programs and management’’, $140,360,000,
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
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support activities related to countering terrorism, for
‘‘Hazardous substance superfund’’, $5,800,000, 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 re-
spond to the September 11, 2001, terrorist attacks on the
United States, and to support activities related to coun-
tering potential biological and chemical threats to popu-
lations,
for
‘‘State
and
tribal
assistance
grants’’,
$5,000,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–
38.
FEDERAL EMERGENCY MANAGEMENT AGENCY
DISASTER RELIEF
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Dis-
aster relief’’, $4,345,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Emergency
management
planning
and
assistance’’,
$35,000,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
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38, of which not less than $10,000,000 shall be available
for support of the 2002 Winter Olympics.
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and expenses’’, $30,000,000 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.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
HUMAN SPACE FLIGHT
For emergency expenses to respond to the September
11, 2001, terrorist attack on the United States, for
‘‘Human space flight’’, $81,000,000, to remain available
until expended, to be obligated from amounts made avail-
able 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’’, $36,500,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
OFFICE OF INSPECTOR GENERAL
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Of-
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fice of Inspector General’’, $3,000,000, to remain avail-
able until expended, to the 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 ‘‘Re-
search and related activities’’, $300,000 to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
CHAPTER 13
GENERAL PROVISION—THIS DIVISION
SEC. 1301. No part of any appropriation contained
in this division shall remain available for obligation beyond
the current fiscal year unless expressly provided so herein.
CHAPTER 14
ADDITIONAL EMERGENCY RELIEF AND
RECOVERY PROVISIONS
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 ‘‘Dis-
ease Control, Research, and Training’’ for baseline safety
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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 avail-
able in Public Law 107–38.
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 ‘‘Na-
tional Institute of Environmental Health Sciences’’ for
carrying out activities set forth in section 311(a) of the
Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, $10,500,000, to remain avail-
able 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’’, $1,825,000,000, to re-
main 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
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provisos in section 434 of the Departments of Veterans
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 2002: Provided fur-
ther, 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.
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 re-
main 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 Partner-
ship, for an Emergency Employment Clearinghouse.
STATE UNEMPLOYMENT SECURITY OFFICE
WORKERS COMPENSATION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Workers Compensation Programs’’, $175,000,000, to re-
main available until expended, to be obligated from
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amounts made available in Public Law 107–38: Provided,
That, of such amount, $125,000,000 shall be for payment
to the New York State Workers Compensation Review
Board, for the processing of claims related to the terrorist
attacks:
Provided
further,
That,
of
such
amount,
$25,000,000 shall be for payment to the 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 reim-
bursement of claims related to the first response emer-
gency services personnel who were injured, were disabled,
or died due to the terrorist attacks.
This division may be cited as the ‘‘Emergency Sup-
plemental Act, 2002’’.
DIVISION C—ADDITIONAL GENERAL
PROVISIONS
SEC. 2101. None of the funds made available in divi-
sion 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.
SEC. 2102. (a) OCCOQUAN RIVER, VIRGINIA.—The
project for navigation, Occoquan Creek, Virginia, author-
ized by the first section of the Act entitled ‘‘An Act mak-
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ing appropriations for the construction, repair, and preser-
vation 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 Mark-
er Number 2 and the bridge at United States Route
1 to a width of 200 feet.
(b)
AVAILABILITY
OF
FUNDS.—Amounts
appro-
priated 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 sub-
section (a) shall be deemed to be a reference to the
‘‘project for navigation, Occoquan River, Virginia’’.
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DIVISION A—DEPARTMENT OF DEFENSE
APPROPRIATIONS, 2002
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2002, for military func-
tions administered by the Department of Defense, and for
other purposes, namely:
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), to section 229(b) of the Social Secu-
rity Act (42 U.S.C. 429(b)), and to the Department of De-
fense Military Retirement Fund, $23,446,734,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
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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 pursu-
ant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), to section 229(b) of the Social Security
Act (42 U.S.C. 429(b)), and to the Department of Defense
Military Retirement Fund, $19,465,964,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), to
section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement
Fund, $7,335,370,000.
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
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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 pay-
ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), to section 229(b) of the So-
cial Security Act (42 U.S.C. 429(b)), and to the Depart-
ment 
of 
Defense 
Military 
Retirement 
Fund,
$20,032,704,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve 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 under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments 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 Re-
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serve 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 mem-
bers 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, $1,650,523,000.
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 under-
going reserve training, or while performing drills or equiva-
lent duty, and for members of the Marine Corps platoon
leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund,
$466,300,000.
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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 sec-
tion 12310(a) of title 10, United States Code, or while un-
dergoing 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 Retire-
ment Fund, $1,061,160,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Na-
tional 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 under-
going training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section
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payments may be made on his certificate of necessity for
confidential military purposes, $22,941,588,000.
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 $4,569,000
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,
$27,038,067,000.
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Marine Corps, as au-
thorized by law, $2,903,863,000.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Air Force, as author-
ized 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, $26,303,436,000.
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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 de-
partments), as authorized by law, $12,864,644,000, 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 pur-
poses.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Army Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,771,246,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Navy Reserve; repair of
facilities and equipment; hire of passenger motor vehicles;
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travel and transportation; care of the dead; recruiting; pro-
curement of services, supplies, and equipment; and commu-
nications, $1,003,690,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training, organi-
zation, and administration, of the Marine Corps Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruit-
ing; 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, organi-
zation, 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; pro-
curement of services, supplies, and equipment; and commu-
nications, $2,023,866,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal hos-
pitals; maintenance, operation, and repairs to structures
and facilities; hire of passenger motor vehicles; personnel
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services in the National Guard Bureau; travel expenses
(other than mileage), as authorized by law for Army per-
sonnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting
units in compliance with National Guard Bureau regula-
tions when specifically authorized by the Chief, National
Guard Bureau; supplying and equipping the Army Na-
tional Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $3,743,808,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, oper-
ation, 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 equip-
ment, as authorized by law for the Air National Guard;
and expenses incident to the maintenance and use of sup-
plies, 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
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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,
$3,998,361,000.
UNITED STATES COURTS 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 rep-
resentation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $389,800,000, to re-
main available until transferred: Provided, That the Sec-
retary 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 appro-
priation to other appropriations made available to the De-
partment 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 trans-
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ferred 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 re-
main available until transferred: Provided, That the Sec-
retary 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 appro-
priation to other appropriations made available to the De-
partment 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 trans-
ferred 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
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such funds are required for environmental restoration, re-
duction 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 avail-
able to the Department of the Air Force, to be merged with
and to be available for the same purposes and for the same
time period as the appropriations to which transferred:
Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are
not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $23,492,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are re-
quired for environmental restoration, reduction and recy-
cling 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 appropria-
tions to which transferred: Provided further, That upon a
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determination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided 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, $230,255,000, to re-
main available until transferred: Provided, That the Sec-
retary 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 De-
fense, transfer the funds made available by this appropria-
tion to other appropriations made available to the Depart-
ment 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 trans-
ferred 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 De-
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fense (consisting of the programs provided under sections
401, 402, 404, 2547, and 2551 of title 10, United States
Code), $44,700,000, to remain available until September
30, 2003.
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 se-
cure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the pro-
liferation 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, $357,000,000, to remain
available until September 30, 2004: Provided, That of the
amounts provided under this heading, $15,000,000 shall be
available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in
the Russian Far East.
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS,
DEFENSE
For logistical and security support for international
sporting competitions (including pay and non-travel re-
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lated allowances only for members of the Reserve Compo-
nents of the Armed Forces of the United States called or
ordered to active duty in connection with providing such
support), $15,800,000, to remain available until expended.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
cessories therefor; specialized equipment and training de-
vices; 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
$1,893,891,000, to remain available for obligation until
September 30, 2004.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and ac-
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cessories therefor; specialized equipment and training de-
vices; 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
$1,774,154,000, to remain available for obligation until
September 30, 2004.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and modi-
fication 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 in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
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$2,174,546,000, to remain available for obligation until
September 30, 2004.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modi-
fication 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement 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,
$1,171,465,000, to remain available for obligation until
September 30, 2004.
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modi-
fication 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 pur-
chase of 3 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $200,000 per vehicle; com-
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to remain available for obligation until September 30,
2004.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway,
$1,478,075,000, to remain available for obligation until
September 30, 2004.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For construction, procurement, production, and modi-
fication 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
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curement 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,
$442,799,000, to remain available for obligation until Sep-
tember 30, 2004.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be con-
structed 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 con-
struction prosecuted thereon prior to approval of title, as
follows:
Carrier 
Replacement 
Program 
(AP),
$138,890,000;
SSGN (AP), $279,440,000;
NSSN, $1,608,914,000;
NSSN (AP), $684,288,000;
CVN Refuelings, $1,118,124,000;
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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;
Cruiser conversion (AP), $458,238,000;
LPD–17 (AP), $155,000,000;
LHD–8, $267,238,000;
LCAC landing craft air cushion program,
$52,091,000;
Prior year shipbuilding costs, $725,000,000; and
For craft, outfitting, post delivery, conversions,
and first destination transformation transportation,
$307,230,000;
In all: $9,294,211,000, to remain available for obligation
until September 30, 2006: Provided, That additional obli-
gations may be incurred after September 30, 2006, for engi-
neering services, tests, evaluations, and other such budgeted
work that must be performed in the final stage of ship con-
struction: 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 con-
struction of major components of such vessel: Provided fur-
ther, That none of the funds provided under this heading
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shall be used for the construction of any naval vessel in
foreign shipyards.
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of
support equipment and materials not otherwise provided
for, Navy ordnance (except ordnance for new aircraft, new
ships, and ships authorized for conversion); the purchase
of not to exceed 152 passenger motor vehicles for replace-
ment only, and the purchase of five vehicles required for
physical security of personnel, notwithstanding price limi-
tations 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, appli-
ances, and machine tools in public and private plants; re-
serve plant and Government and contractor-owned equip-
ment layaway, $4,146,338,000, to remain available for obli-
gation until September 30, 2004.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufac-
ture, and modification of missiles, armament, military
equipment, spare parts, and accessories therefor; plant
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equipment, appliances, and machine tools, and installation
thereof in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; vehicles
for the Marine Corps, including the purchase of not to ex-
ceed 25 passenger motor vehicles for replacement only; and
expansion of public and private plants, including land nec-
essary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title, $974,054,000, to remain available for obli-
gation 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 de-
vices, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, Govern-
ment-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 con-
tractor-owned equipment layaway; and other expenses nec-
essary for the foregoing purposes including rents and trans-
portation of things, $10,617,332,000, to remain available
for obligation until September 30, 2004.
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MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, includ-
ing spare parts and accessories therefor, ground handling
equipment, and training devices; expansion of public and
private plants, Government-owned equipment and installa-
tion thereof in such plants, erection of structures, and ac-
quisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes in-
cluding rents and transportation of things, $3,657,522,000,
to remain available for obligation until September 30,
2004.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modi-
fication 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 construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
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machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$873,344,000, to remain available for obligation until Sep-
tember 30, 2004.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding 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; lease of passenger motor
vehicles; and expansion of public and private plants, Gov-
ernment-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 con-
tractor-owned equipment layaway, $8,144,174,000, to re-
main available for obligation until September 30, 2004.
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PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor,
not otherwise provided for; the purchase of not to exceed
115 passenger motor vehicles for replacement only; the pur-
chase of 10 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $250,000 per vehicle; ex-
pansion of public and private plants, equipment, and in-
stallation 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 construc-
tion prosecuted thereon prior to approval of title; reserve
plant and Government and contractor-owned equipment
layaway, $1,473,795,000, to remain available for obligation
until September 30, 2004.
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),
$15,000,000 to remain available until expended, of which,
$3,000,000 may be used for a Processible Rigid-Rod Poly-
meric Material Supplier Initiative under title III of the De-
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fense 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 procure-
ment for the reserve components of the Armed Forces,
$560,505,000, to remain available for obligation until Sep-
tember 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.
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 main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $6,742,123,000, to remain available for ob-
ligation until September 30, 2003.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $10,742,710,000, 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 main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $13,859,401,000, to remain available for
obligation until September 30, 2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment, $14,445,589,000,
to remain available for obligation until September 30,
2003.
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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 oper-
ational test and evaluation, including initial operational
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and
evaluation; and administrative expenses in connection
therewith, $216,855,000, 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;
$1,826,986,000: 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 Re-
serve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744),
$407,408,000, to remain available until expended: Pro-
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vided, 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, re-
duction gears, and propellers); shipboard cranes; and
spreaders for shipboard cranes: Provided further, That the
exercise of an option in a contract awarded through the ob-
ligation of previously appropriated funds shall not be con-
sidered to be the award of a new contract: Provided further,
That the Secretary of the military department responsible
for such procurement may waive the restrictions in the first
proviso on a case-by-case basis by certifying in writing to
the Committees on Appropriations of the House of Rep-
resentatives and the Senate that adequate domestic supplies
are not available to meet Department of Defense require-
ments on a timely basis and that such an acquisition must
be made in order to acquire capability for national security
purposes.
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
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authorized 
by 
law, 
$18,376,404,000, 
of 
which
$17,656,185,000 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 $452,304,000, to remain avail-
able for obligation until September 30, 2003, shall be for
Research, development, test and evaluation.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal chem-
ical agents and munitions in accordance with the provi-
sions of section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,104,557,000, of which
$739,020,000 shall be for Operation and maintenance to re-
main available until September 30, 2003, $164,158,000
shall be for Procurement to remain available until Sep-
tember 30, 2004, and $201,379,000 shall be for Research,
development, test and evaluation to remain available until
September 30, 2003.
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DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Oper-
ation and maintenance; for Procurement; and for Research,
development, test and evaluation, $865,981,000: Provided,
That the funds appropriated under this heading shall be
available for obligation for the same time period and for
the same purpose as the appropriation to which transferred:
Provided further, That 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
under this heading is in addition to any other transfer au-
thority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor 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
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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
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Retire-
ment 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
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $144,776,000, of which $28,003,000
for the Advanced Research and Development Committee
shall remain available until September 30, 2003: Provided,
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That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence re-
sponsibilities, and of the said amount, $1,500,000 for Pro-
curement shall remain available until September 30, 2004,
and $1,000,000 for Research, development, test and evalua-
tion shall remain available until September 30, 2003: Pro-
vided further, That the National Drug Intelligence Center
shall maintain the personnel and technical resources to pro-
vide timely support to law enforcement authorities to con-
duct document exploitation of materials collected in Fed-
eral, State, and local law enforcement activity.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,
REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Reme-
diation, and Environmental Restoration Fund, as author-
ized by law, $75,000,000, to remain available until ex-
pended.
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 Edu-
cation Trust Fund, to remain available until expended.
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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 pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment 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 indi-
rect 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 com-
puted 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 employ-
ees, 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 na-
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tional employees of the Department of Defense in the Re-
public 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 appropria-
tions 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 Re-
serve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
and Budget, transfer not to exceed $1,500,000,000 of work-
ing 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) be-
tween such appropriations or funds or any subdivision
thereof, to be merged with and to be available for the same
purposes, and for the same time period, as the appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority items, based on unforeseen military requirements,
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than those for which originally appropriated and in no case
where the item for which funds are requested has been de-
nied by the Congress: Provided further, That the Secretary
of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request
to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming 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 March 31, 2002.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense 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 be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation and Maintenance’’ appropriation accounts in such
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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 Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated 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, un-
less 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 em-
ploys 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
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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 li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would
exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract
can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the
execution of multiyear authority shall require the use of a
present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
C–17; and
F/A–18E and F engine.
SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by 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 assist-
ance costs incidental to authorized operations and pursuant
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to authority granted in section 401 of chapter 20 of title
10, United States Code, and these obligations shall be re-
ported to the Congress on September 30 of each year: Pro-
vided, That funds available for operation and maintenance
shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Terri-
tories 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 edu-
cation programs conducted at Army medical facilities lo-
cated 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 Com-
monwealth 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 man-
aged 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)
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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 Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2002 De-
partment 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 Colum-
bia, 125,000 civilian workyears: Provided, That workyears
shall be applied as defined in the Federal Personnel Man-
ual: Provided further, That workyears expended in depend-
ent 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 in-
fluence congressional action on any legislation or appro-
priation 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
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member of the Army participating as a full-time student
and receiving benefits paid by the Secretary of Veterans Af-
fairs from the Department of Defense Education Benefits
Fund when time spent as a full-time student is credited
toward completion of a service commitment: Provided, That
this subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Pro-
vided further, That this subsection applies only to active
components of the Army.
SEC. 8014. None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on
or after the date of the enactment of this Act, is performed
by more than 10 Department of Defense civilian employees
until a most efficient and cost-effective organization anal-
ysis is completed on such activity or function and certifi-
cation of the analysis is made to the Committees on Appro-
priations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and
(c) of 10 U.S.C. 2461 shall not apply to a commercial or
industrial type function of the Department of Defense that:
(1) is included on the procurement list established pursuant
to section 2 of the Act of June 25, 1938 (41 U.S.C. 47),
popularly referred to as the Javits-Wagner-O’Day Act; (2)
is planned to be converted to performance by a qualified
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nonprofit agency for the blind or by a qualified nonprofit
agency for other severely handicapped individuals in ac-
cordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 percent owner-
ship by an Indian tribe, as defined in section 450b(e) of
title 25, United States Code, or a Native Hawaiian organi-
zation, 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 Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a Mentor-Protege Program developmental assistance agree-
ment pursuant to section 831 of the National Defense Au-
thorization 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 avail-
able 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
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purpose of this section manufactured will include cutting,
heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially
all of the components of anchor and mooring chain shall
be considered to be produced or manufactured in the United
States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate
cost of the components produced or manufactured outside
the United States: Provided further, That when adequate
domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the
service responsible for the procurement may waive this re-
striction on a case-by-case basis by certifying in writing
to the Committees on Appropriations that such an acquisi-
tion must be made in order to acquire capability for na-
tional 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 pro-
vider 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
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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
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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 uti-
lized only for the construction of facilities to support United
States military forces in that host nation, or such real prop-
erty maintenance and base operating costs that are cur-
rently executed through monetary transfers to such host na-
tions: Provided further, That the Department of Defense’s
budget submission for fiscal year 2002 shall identify such
sums anticipated in residual value settlements, and identify
such construction, real property maintenance or base oper-
ating costs that shall be funded by the host nation through
such credits: Provided further, That all military construc-
tion projects to be executed from such accounts must be pre-
viously approved in a prior Act of Congress: Provided fur-
ther, That each such executive agreement with a NATO
member host nation shall be reported to the congressional
defense committees, the Committee on International Rela-
tions 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 estab-
lished under this provision.
SEC. 8020. None of the funds available to the Depart-
ment of Defense may be used to demilitarize or dispose of
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M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber
rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8021. No more than $500,000 of the funds appro-
priated or made available in this Act shall be used during
a single fiscal year for any single relocation of an organiza-
tion, 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 congres-
sional 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 Financ-
ing Act of 1974 (25 U.S.C. 1544): Provided, That a subcon-
tractor 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 here-
after, 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
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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 de-
scribed in section 101 of title 32, United States Code;
(2) performs, for the purpose of providing mili-
tary 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 Common-
wealth 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 an-
nual leave:
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Provided, That any employee who requests leave under sub-
section (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 con-
sidered 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-func-
tion 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 ac-
tivities.
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 Af-
fairs by section 7455 of title 38, United States Code.
SEC. 8027. Of the funds made available in this Act,
not less than $61,100,000 shall be available to maintain
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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 $20,400,000 shall be avail-
able 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 air-
craft, 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 sup-
plies or services appropriated by this Act, qualified non-
profit agencies for the blind or other severely handicapped
shall be afforded the maximum practicable opportunity to
participate as subcontractors and suppliers in the perform-
ance 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 to-
ward meeting that subcontracting goal for any purchases
made from qualified nonprofit agencies for the blind or
other severely handicapped.
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(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
SEC. 8029. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant
to section 1095 of title 10, United States Code, shall be
made available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility’s direct budget amount.
SEC. 8030. During the current fiscal year, the Depart-
ment 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 Ku-
wait, under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be cred-
ited to the appropriations or fund which incurred such obli-
gations.
SEC. 8031. Of the funds made available in this Act,
not less than $24,303,000 shall be available for the Civil
Air Patrol Corporation, of which $22,803,000 shall be
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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 ex-
clusive use of the Civil Air Patrol Corporation and not for
the Air Force or any unit thereof.
SEC. 8032. (a) None of the funds appropriated in this
Act are available to establish a new Department of Defense
(department) federally funded research and development
center (FFRDC), either as a new entity, or as a separate
entity administrated by an organization managing another
FFRDC, or as a nonprofit membership corporation con-
sisting of a consortium of other FFRDCs and other non-
profit entities.
(b) No member of a Board of Directors, Trustees, Over-
seers, Advisory Group, Special Issues Panel, Visiting Com-
mittee, 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: Pro-
vided, That a member of any such entity referred to pre-
viously in this subsection shall be allowed travel expenses
and per diem as authorized under the Federal Joint Travel
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Regulations, when engaged in the performance of member-
ship 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 in-
clude 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 sub-
section, 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 dur-
ing that fiscal year.
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(f) Notwithstanding any other provision of this Act,
the total amount appropriated in this Act for FFRDCs is
hereby reduced by $60,000,000.
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 facil-
ity or property under the control of the Department of De-
fense 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 Appro-
priations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
Department of Defense requirements on a timely basis and
that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which
are in being as of the date of the enactment of this Act.
SEC. 8034. For the purposes of this Act, the term ‘‘con-
gressional defense committees’’ means the Armed Services
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Committee of the House of Representatives, the Armed Serv-
ices 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 Appropria-
tions of the House of Representatives.
SEC. 8035. During the current fiscal year, the Depart-
ment of Defense may acquire the modification, depot main-
tenance and repair of aircraft, vehicles and vessels as well
as the production of components and other Defense-related
articles, through competition between Department of De-
fense depot maintenance activities and private firms: Pro-
vided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of dele-
gation, 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 con-
sultation with the United States Trade Representative, de-
termines that a foreign country which is party to an agree-
ment 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
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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 under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense pur-
chases from foreign entities in fiscal year 2001. Such report
shall separately indicate the dollar value of items for which
the Buy American Act was waived pursuant to any agree-
ment 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 Amer-
ican Act’’ means title III of the Act entitled ‘‘An Act mak-
ing appropriations for the Treasury and Post Office De-
partments 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
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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 fis-
cal year to the special account established under 40 U.S.C.
485(h)(2) and to the special account established under 10
U.S.C. 2667(d)(1) are appropriated and shall be available
until transferred by the Secretary of Defense to current ap-
plicable appropriations or funds of the Department of De-
fense 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 trans-
ferred.
SEC. 8039. The Under Secretary of Defense (Comp-
troller) shall submit to the congressional defense committees
by February 1, 2002, a detailed report identifying, by
amount and by separate budget activity, activity group,
subactivity group, line item, program element, program,
project, subproject, and activity, any activity for which the
fiscal year 2003 budget request was reduced because the
Congress appropriated funds above the President’s budget
request for that specific activity for fiscal year 2002.
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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 sec-
tion 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 mili-
tary 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 In-
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dian 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 con-
flicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the Sec-
retary 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, appropria-
tions 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.
SEC. 8044. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the pur-
chase 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 cus-
tomers of the Department of Defense Working Capital
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Funds if such an item would not have been chargeable to
the Department of Defense Business Operations Fund dur-
ing fiscal year 1994 and if the purchase of such an invest-
ment 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 Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2003 De-
partment 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 ap-
propriation 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 re-
main available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for Contin-
gencies, which shall remain available until September 30,
2003: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Cen-
tral Services Working Capital Fund during this or any
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prior or subsequent fiscal year shall remain available until
expended.
SEC. 8046. Notwithstanding any other provision of
law, funds made available in this Act for the Defense Intel-
ligence Agency may be used for the design, development, and
deployment of General Defense Intelligence Program intel-
ligence communications and intelligence information sys-
tems for the Services, the Unified and Specified Commands,
and the component commands.
SEC. 8047. Of the funds appropriated by the Depart-
ment of Defense under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, not less than $10,000,000 shall be
made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8048. Amounts collected for the use of the facili-
ties 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 ac-
count established under subsection 1459(g)(2) of that Act
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are appropriated and shall be available until expended for
the operation and maintenance of the Center as provided
for in subsection 1459(g)(2).
(TRANSFER OF FUNDS)
SEC. 8049. In addition to the amounts appropriated
elsewhere in this Act, $10,000,000 is hereby appropriated
to the Department of Defense: Provided, That at the direc-
tion of the Assistant Secretary of Defense for Reserve Af-
fairs, these funds shall be transferred to the Reserve compo-
nent personnel accounts in Title I of this Act: Provided fur-
ther, 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 Amer-
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ica, the Secretary shall determine, in accordance with sec-
tion 2410f of title 10, United States Code, whether the per-
son should be debarred from contracting with the Depart-
ment 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 De-
fense, in expending the appropriation, purchase only Amer-
ican-made equipment and products, provided that Amer-
ican-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 activ-
ity 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
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(3) the purpose of the contract is to take advan-
tage of unique and significant industrial accomplish-
ment by a specific concern, or to insure that a new
product or idea of a specific concern is given finan-
cial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to im-
provements of equipment that is in development or produc-
tion, or contracts as to which a civilian official of the De-
partment of Defense, who has been confirmed by the Senate,
determines that the award of such contract is in the interest
of the national defense.
SEC. 8052. (a) Except as provided in subsections (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the department
who is transferred or reassigned from a headquarters
activity if the member or employee’s place of duty re-
mains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a),
on a case-by-case basis, if the Secretary determines, and cer-
tifies to the Committees on Appropriations of the House of
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Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial re-
quirements of the department.
(c) This section does not apply to field operating agen-
cies funded within the National Foreign Intelligence Pro-
gram.
SEC. 8053. During the current fiscal year and here-
after, funds appropriated or made available by the transfer
of funds in this or subsequent Appropriations Acts, for in-
telligence 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) until the enactment
of the Intelligence Authorization Act for that fiscal year and
funds appropriated or made available by transfer of funds
in any subsequent Supplemental Appropriations Act en-
acted after the enactment of the Intelligence Authorization
Act for that fiscal year are deemed to be specifically author-
ized by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414).
SEC. 8054. 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: Pro-
vided, That notwithstanding any other provision of law, the
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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. 8055. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded as of the date of the enactment of this Act from
the following accounts in the specified amounts:
‘‘Aircraft 
Procurement, 
Army, 
2001/2003’’,
$15,500,000;
‘‘Aircraft Procurement, Air Force, 2001/2003’’,
$43,983,000;
‘‘Missile Procurement, Air Force, 2001/2003’’,
$58,550,000;
‘‘Procurement, 
Defense-Wide, 
2001/2003’’,
$64,170,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 2001/2002’’, $13,450,000; and
‘‘Research, Development, Test and Evaluation,
Defense-Wide, 2001/2002’’, $5,664,000.
SEC. 8056. None of the funds available in this Act may
be used to reduce the authorized positions for military (ci-
vilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for
the purpose of applying any administratively imposed ci-
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vilian personnel ceiling, freeze, or reduction on military (ci-
vilian) technicians, unless such reductions are a direct re-
sult of a reduction in military force structure.
SEC. 8057. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8058. During the current fiscal year, funds ap-
propriated 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. 8059. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant 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
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National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the ac-
tivities and programs included within the National Foreign
Intelligence Program (NFIP), the Joint Military Intel-
ligence Program (JMIP), and the Tactical Intelligence and
Related Activities (TIARA) aggregate: Provided, That noth-
ing in this section authorizes deviation from established Re-
serve and National Guard personnel and training proce-
dures.
SEC. 8060. 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. 8061. Of the funds made available under the
heading ‘‘Operation and Maintenance, Air Force’’,
$12,000,000 shall be available to realign railroad track on
Elmendorf Air Force Base and Fort Richardson.
SEC. 8062. (a) None of the funds available to the De-
partment of Defense for any fiscal year for drug interdic-
tion or counter-drug activities may be transferred to any
other department or agency of the United States except as
specifically provided in an appropriations law.
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(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction and
counter-drug activities may be transferred to any other de-
partment or agency of the United States except as specifi-
cally provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8063. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal build-
ings may, during their period of availability, be transferred
to other appropriations or funds of the Department of De-
fense for projects related to increasing energy and water ef-
ficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the ap-
propriation or fund to which transferred.
SEC. 8064. None of the funds made available in this
Act may be used for the procurement of ball and roller bear-
ings other than those produced by a domestic source and
of domestic origin: Provided, That the Secretary of the mili-
tary department responsible for such procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the
House of Representatives and the Senate, that adequate do-
mestic supplies are not available to meet Department of De-
fense requirements on a timely basis and that such an ac-
quisition must be made in order to acquire capability for
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national security purposes: Provided further, That this re-
striction 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. 8065. Notwithstanding any other provision of
law, funds available to the Department of Defense shall be
made available to provide transportation of medical sup-
plies and equipment, on a nonreimbursable basis, to Amer-
ican Samoa, and funds available to the Department of De-
fense 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 conjunc-
tion with a civil-military project.
SEC. 8066. 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 cer-
tifies 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. 8067. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eligi-
ble to participate in any manufacturing extension program
financed by funds appropriated in this or any other Act.
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SEC. 8068. 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 pur-
pose 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. 8069. 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 assist-
ance, by grant or otherwise, to public school systems that
have unusually high concentrations of special needs mili-
tary 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
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$2,000,000 shall be available for DOD to establish a non-
profit trust fund to assist in the public-private funding of
public school repair and maintenance projects, or provide
directly to non-profit organizations who in return will use
these monies to provide assistance in the form of repair,
maintenance, or renovation to public school systems that
have high concentrations of special needs military depend-
ents 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 other-
wise, it may accept and expend non-federal funds in com-
bination 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. 8070. (a) LIMITATION ON TRANSFER OF DE-
FENSE 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 de-
scribed in subsection (b) unless the congressional defense
committees, the Committee on International Relations of
the House of Representatives, and the Committee on For-
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eign 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-en-
forcement 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 equip-
ment or supplies—
(A) a statement of whether the inventory re-
quirements 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 pro-
posed to be transferred will have to be replaced
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and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8071. 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 ex-
posure 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 adminis-
trative expenses of the Department of Defense that are at-
tributable to the loan guarantee program under subchapter
VI of chapter 148 of title 10, United States Code.
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SEC. 8072. None of the funds available to the Depart-
ment of Defense under this Act shall be obligated or ex-
pended to pay a contractor under a contract with the De-
partment 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 ex-
cess of the normal salary paid by the contractor to the
employee; and
(2) such bonus is part of restructuring costs asso-
ciated with a business combination.
SEC. 8073. (a) None of the funds appropriated or oth-
erwise 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 sub-
section (a) during a period of war in which the United
States is a party.
SEC. 8074. 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
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available to contract for the repair, maintenance, and oper-
ation of adjacent off-base water, drainage, and flood control
systems critical to base operations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8075. 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 con-
nection with support and services for eligible organizations
and activities outside the Department of Defense pursuant
to section 2012 of title 10, United States Code.
SEC. 8076. 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 ‘‘Ship-
building and Conversion, Navy’’ appropriations in any
prior year, and the 1 percent limitation shall apply to the
total amount of the appropriation.
SEC. 8077. 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 ex-
pired or which has closed under the provisions of section
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1552 of title 31, United States Code, and which has a nega-
tive unliquidated or unexpended balance, an obligation or
an adjustment of an obligation may be charged to any cur-
rent appropriation account for the same purpose as the ex-
pired 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 avail-
ability 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 obliga-
tion is not chargeable to a current appropriation of
the Department of Defense under the provisions of sec-
tion 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 re-
corded against the expired account: Provided further,
That the total amount charged to a current appro-
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priation under this section may not exceed an
amount equal to 1 percent of the total appropriation
for that account.
SEC. 8078. 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. 8079. During the current fiscal year, the Sec-
retary of Defense may waive reimbursement of the cost of
conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Secu-
rity Studies for military officers and civilian officials of
foreign nations if the Secretary determines that attendance
by such personnel, without reimbursement, is in the na-
tional 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. 8080. (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 Learn-
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ing Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such
use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that
subsection. Such funds shall be available for such purposes
without fiscal year limitation.
SEC. 8081. 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 Mili-
tary Community in the Federal Republic of Germany: Pro-
vided, 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 con-
sideration of United States coal as an energy source.
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SEC. 8082. 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. 8083. 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, proto-
typing, and test activities preceding and leading to accept-
ance for operational use: Provided further, That this restric-
tion 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. 8084. 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 other-
wise, 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.
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SEC. 8085. In addition to the amounts appropriated
or otherwise made available in this Act, $5,000,000, to re-
main available until September 30, 2002, is hereby appro-
priated to the Department of Defense: Provided, That the
Secretary of Defense shall make a grant in the amount of
$5,000,000 to the American Red Cross for Armed Forces
Emergency Services.
SEC. 8086. 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. 8087. (a) The Secretary of Defense may, on a
case-by-case basis, waive with respect to a foreign country
each limitation on the procurement of defense items from
foreign sources provided in law if the Secretary determines
that the application of the limitation with respect to that
country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country,
or would invalidate reciprocal trade agreements for the pro-
curement 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 pro-
duced 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
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(2) options for the procurement of items that are
exercised after such date under contracts that are en-
tered into before such date if the option prices are ad-
justed for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, 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. 8088. Funds made available to the Civil Air Pa-
trol 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 perform-
ance: 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.
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SEC. 8089. Section 8125 of the Department of Defense
Appropriations Act, 2001 (Public Law 106–259), is hereby
repealed.
SEC. 8090. Of the funds appropriated in this Act
under the heading ‘‘Research, Development, Test and Eval-
uation, Navy’’, up to $3,000,000 may be made available
for a Maritime Fire Training Center at Barbers Point, in-
cluding provision for laboratories, construction, and other
efforts associated with research, development, and other pro-
grams of major importance to the Department of Defense.
SEC. 8091. (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 in-
formation from the Department of State that the unit has
committed a gross violation of human rights, unless all nec-
essary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in con-
sultation 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 consulta-
tion with the Secretary of State, may waive the prohibition
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in subsection (a) if he determines that such waiver is re-
quired by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exercise
of any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense commit-
tees describing the extraordinary circumstances, the purpose
and duration of the training program, the United States
forces and the foreign security forces involved in the train-
ing program, and the information relating to human rights
violations that necessitates the waiver.
SEC. 8092. 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 feder-
ally-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. 8093. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $140,591,000 to reflect savings from favorable
foreign currency fluctuations, to be distributed as follows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$89,359,000;
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‘‘Operation 
and 
Maintenance, 
Navy’’,
$15,445,000;
‘‘Operation and Maintenance, Marine Corps’’,
$1,379,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$24,408,000; and
‘‘Operation and Maintenance, Defense-Wide’’,
$10,000,000.
SEC. 8094. 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 certi-
fying 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. 8095. 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,
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That during the current fiscal year, not more than 250
military and civilian personnel of the Department of De-
fense shall be assigned to legislative affairs or legislative
liaison functions: Provided further, That of the 250 per-
sonnel 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 leg-
islative affairs functions, no fewer than 20 percent shall be
assigned to the Under Secretary of Defense (Comptroller),
the Assistant Secretary of the Army (Financial Manage-
ment and Comptroller), the Assistant Secretary of the Navy
(Financial Management and Comptroller), and the Assist-
ant Secretary of the Air Force (Financial Management and
Comptroller).
SEC. 8096. None of the funds appropriated or other-
wise 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, includ-
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ing areas in such military family housing units that may
be used for the purpose of conducting official Department
of Defense business.
SEC. 8097. Notwithstanding any other provision of
law, funds appropriated in this Act under the heading ‘‘Re-
search, 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 de-
fense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certi-
fying to the congressional defense committees that it is in
the national interest to do so.
SEC. 8098. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $171,296,000, to reduce cost growth in travel,
to be distributed as follows:
‘‘Operation 
and 
Maintenance, 
Army’’,
$9,000,000;
‘‘Operation and maintenance, Marine Corps’’,
$296,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force’’,
$150,000,000;
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‘‘Operation and Maintenance, Army Reserve’’,
$2,000,000; and
‘‘Operation and maintenance, Defense-wide’’
$10,000,000.
SEC. 8099. During the current fiscal year, refunds at-
tributable 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 ar-
ranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance ac-
counts of the Department of Defense which are current when
the refunds are received.
SEC. 8100. (a) REGISTERING INFORMATION TECH-
NOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFI-
CER.—None of the funds appropriated in this Act may be
used for a mission critical or mission essential 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 Sec-
retary of Defense may prescribe. An information technology
system shall be considered a mission critical or mission es-
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sential information technology system as defined by the Sec-
retary of Defense.
(b) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
CLINGER-COHEN ACT.—(1) During the current fiscal year,
a 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 Chief Information Officer certifies, with
respect to that milestone, that the system is being developed
in accordance with the Clinger-Cohen Act of 1996 (40
U.S.C. 1401 et seq.). The Chief Information Officer may
require additional certifications, as appropriate, with re-
spect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of cer-
tifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and
milestone schedule for each system covered by such a certifi-
cation and confirmation that the following steps have been
taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a cal-
culation of the return on investment.
(D) Performance measures.
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(E) An information assurance strategy con-
sistent with the Department’s Global Information
Grid.
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means
the senior official of the Department of Defense des-
ignated by the Secretary of Defense pursuant to sec-
tion 3506 of title 44, United States Code.
(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(3) The term ‘‘major automated information sys-
tem’’ has the meaning given that term in Department
of Defense Directive 5000.1.
SEC. 8101. 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
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requested support pursuant to such authority: Provided fur-
ther, That the Secretary of Defense may waive this restric-
tion on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representa-
tives and the Senate that it is in the national security inter-
est to do so.
SEC. 8102. None of the funds provided in this Act may
be used to transfer to any nongovernmental entity ammuni-
tion 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 in-
cendiary-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 manu-
facture ammunition pursuant to a contract with the De-
partment of Defense or the manufacture of ammunition for
export pursuant to a License for Permanent Export of Un-
classified Military Articles issued by the Department of
State.
SEC. 8103. Notwithstanding any other provision of
law, the Chief of the National Guard Bureau, or his des-
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ignee, may waive payment of all or part of the consider-
ation 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. 8104. 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 lo-
cated: Provided further, That such local procurement re-
quirements for malt beverages and wine shall apply to all
alcoholic beverages only for military installations in States
which are not contiguous with another State: Provided fur-
ther, That alcoholic beverages other than wine and malt bev-
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erages, in contiguous States and the District of Columbia
shall be procured from the most competitive source, price
and other factors considered.
SEC. 8105. During the current fiscal year, under regu-
lations prescribed by the Secretary of Defense, the Center
of Excellence for Disaster Management and Humanitarian
Assistance may also pay, or authorize payment for, the ex-
penses 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. 8106. (a) The Department of Defense is author-
ized to enter into agreements with the Veterans Administra-
tion and federally-funded health agencies providing services
to Native Hawaiians for the purpose of establishing a part-
nership similar to the Alaska Federal Health Care Partner-
ship, in order to maximize Federal resources in the provi-
sion of health care services by federally-funded health agen-
cies, 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
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the purpose of assuring maximum Native Hawaiian par-
ticipation in the direction and administration of govern-
mental services so as to render those services more respon-
sive to the needs of the Native Hawaiian community.
(c) For purposes of this section, the term ‘‘Native Ha-
waiian’’ means any individual who is a descendant of the
aboriginal people who, prior to 1778, occupied and exer-
cised sovereignty in the area that now comprises the State
of Hawaii.
SEC. 8107. In addition to the amounts provided else-
where in this Act, the amount of $10,000,000 is hereby ap-
propriated 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 chap-
ter 2201 of title 36, United States Code. The grant provided
for by this section is in addition to any grant provided
for under any other provision of law.
SEC. 8108. Of the amounts appropriated in this Act
under the heading ‘‘Research, Development, Test and Eval-
uation, Defense-Wide’’, $141,700,000 shall be made avail-
able for the Arrow missile defense program: Provided, That
of this amount, $107,700,000 shall be made available for
the purpose of continuing the Arrow System Improvement
Program (ASIP), continuing ballistic missile defense inter-
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operability with Israel, and establishing an Arrow produc-
tion capability in the United States: Provided further, That
the remainder, $34,000,000, shall be available for the pur-
pose of adjusting the cost-share of the parties under the
Agreement between the Department of Defense and the Min-
istry of Defense of Israel for the Arrow Deployability Pro-
gram.
SEC. 8109. Funds available to the Department of De-
fense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associ-
ated with the satellite and ground control segments of such
system’s modernization program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8110. 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. 8111. In addition to the amounts appropriated
or otherwise made available in this Act, $1,300,000,000 is
hereby appropriated to the Department of Defense for
whichever of the following purposes the President deter-
mines to be in the national security interests of the United
States:
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(1) research, development, test and evaluation for
ballistic missile defense; and
(2) activities for combating terrorism.
SEC. 8112. In addition to amounts appropriated else-
where in this Act, $5,000,000 is hereby appropriated to the
Department of Defense: Provided, That the Secretary of the
Army shall make a grant in the amount of $5,000,000 to
the Fort Des Moines Memorial Park and Education Center.
SEC. 8113. In addition to amounts appropriated else-
where in this Act, $5,000,000 is hereby appropriated to the
Department of Defense: Provided, That the Secretary of De-
fense shall make a grant in the amount of $5,000,000 to
the National D-Day Museum.
SEC. 8114. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the mat-
ter 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. 8115. (a) Section 8162 of the Department of De-
fense 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:
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‘‘(m) AUTHORITY TO ESTABLISH MEMORIAL.—
‘‘(1) IN GENERAL.—The Commission may estab-
lish 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 COM-
MEMORATIVE WORKS.—The establishment of the me-
morial shall be in accordance with the Commemora-
tive Works Act (40 U.S.C. 1001 et seq.).’’.
(b) Section 8162 of the Department of Defense Appro-
priations 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. Ei-
senhower that includes amounts contributed under
subsection (j)(2).
‘‘(2) USE OF FUND.—The fund shall be used for
the expenses of establishing the memorial.
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‘‘(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 other-
wise made available elsewhere in this Act for the Depart-
ment of Defense, $3,000,000, to remain available until ex-
pended is hereby appropriated to the Department of De-
fense: Provided, That the Secretary of Defense shall make
a grant in the amount of $3,000,000 to the Dwight D. Ei-
senhower Memorial Commission for direct administrative
support.
SEC. 8116. In addition to amounts appropriated else-
where in this Act, $8,000,000 shall be available only for
the settlement of subcontractor claims for payment associ-
ated with the Air Force contract F19628–97–C–0105, Clear
Radar Upgrade, at Clear AFS, Alaska: Provided, 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
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U.S.C. Sections 601–613, on any claims which the Sec-
retary 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. 8117. Notwithstanding any other provision of
this Act, the total amount appropriated in this Act is here-
by reduced by $1,650,000,000, to reflect savings to be
achieved from business process reforms, management effi-
ciencies, and procurement of administrative and manage-
ment 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. 8118. In addition to amounts provided elsewhere
in this Act, $21,000,000 is hereby appropriated for the Sec-
retary of Defense to establish a Regional Defense Counter-
terrorism Fellowship Program: Provided, That funding pro-
vided herein may be used by the Secretary to fund foreign
military officers to attend U.S. military educational insti-
tutions and selected regional centers for non-lethal training:
Provided further, That United States Regional Com-
manders in Chief will be the nominative authority for can-
didates and schools for attendance with joint staff review
and approval by the Secretary of Defense: Provided further,
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That the Secretary of Defense shall establish rules to govern
the administration of this program.
SEC. 8119. 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 $16,000,000
shall be available for recording, adjusting, and liquidating
obligations for the C–17 aircraft properly chargeable to the
fiscal year 1998 Aircraft Procurement, Air Force account:
Provided, That the Secretary of the Air Force shall notify
the congressional defense committees of all of the specific
sources of funds to be used for such purpose.
SEC. 8120. 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 oper-
ation 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 identi-
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fied property acquired by exchange by the Secretary of the
Interior shall be transferred by the Secretary of the Interior
to the jurisdiction, custody, and control of the Secretary of
the Air Force to be managed as a part of Nellis Air Force
Base. To the extent the Secretary of the Interior is unable
to acquire non-federal lands by exchange, the Secretary of
the Air Force is authorized to purchase those lands at fair
market value subject to available appropriations.
SEC. 8121. Of the amounts appropriated in this Act
under the heading, ‘‘Shipbuilding and Conversion, Navy’’,
$725,000,000 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 Con-
version, Navy, 1995/2002’’:
Carrier 
Replacement 
Program,
$172,364,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1996/2002’’:
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LPD–17 Amphibious Transport Dock
Ship Program, $172,989,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1997/2002’’:
DDG–51 
Destroyer 
Program,
$37,200,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1998/2002’’:
NSSN Program, $168,561,000;
DDG–51 
Destroyer 
Program,
$111,457,000;
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1999/2002’’:
NSSN Program, $62,429,000.
(TRANSFER OF FUNDS)
SEC. 8122. Upon enactment of this Act, the Secretary
of the Navy shall make the following transfers of funds: Pro-
vided, That the amounts transferred shall be available for
the same purposes as the appropriations to which trans-
ferred, 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 Con-
version, Navy, 1990/2002’’:
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TRIDENT ballistic missile submarine
program, $78,000;
SSN–21 attack submarine program,
$66,000;
DDG–51 
destroyer 
program,
$6,100,000;
ENTERPRISE refueling moderniza-
tion program, $964,000;
LSD–41 dock landing ship cargo vari-
ant 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 Con-
version, Navy, 1998/2002’’:
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DDG–51 
destroyer 
program,
$11,492,000;
From:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 1993/2002’’:
DDG–51 
destroyer 
program,
$3,986,000;
LHD–1 amphibious assault ship pro-
gram, $85,000;
LSD–41 dock landing ship cargo vari-
ant program, $428,000;
AOE combat support ship program,
$516,000;
Craft, outfitting, post delivery, and
first destination transportation, and infla-
tion adjustments, $1,034,000;
To:
Under the heading, ‘‘Shipbuilding, and
Conversion, Navy, 1998/2002’’:
DDG–51 
destroyer 
program,
$6,049,000;
From:
Under the heading, ‘‘Other Procurement,
Navy, 2001/2003’’:
Shallow Water MCM, $16,248,000;
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To:
Under the heading, ‘‘Shipbuilding and Con-
version, Navy, 2001/2005’’:
Submarine Refuelings, $16,248,000.
SEC. 8123. (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 Inte-
rior 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 De-
partment 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 con-
veyed to Gwitchyaa Zhee Corporation.
SEC. 8124. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under
10 U.S.C. 7622 arising out of the collision involving the
USS GREENEVILLE and the EHIME MARU, in any
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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 Depart-
ment of the Navy for operation and maintenance.
SEC. 8125. (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 muni-
tions shipments that use commercial trucking carriers with-
in 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 in-
vestigations of current and prospective drivers of mu-
nitions 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 ef-
forts to establish uniform safety and security stand-
ards for cargo terminals not operated by the Depart-
ment that store munitions shipments.
(4) An assessment of current capabilities to pro-
vide for escort security vehicles for shipments that
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contain dangerous munitions or sensitive technology,
or pass through high-risk areas.
(5) A description of current requirements for de-
pots and other defense facilities to remain open out-
side normal operating hours to receive munitions
shipments.
(6) Legislative proposals, if any, to correct defi-
ciencies identified by the Department of Defense in
the report under subsection (a).
(c) Not later than six months after enactment of this
Act, the Secretary shall report to Congress on safety and
security procedures used for U.S. munitions shipments in
European NATO countries, and provide recommendations
on what procedures or technologies used in those countries
should be adopted for shipments in the United States.
SEC. 8126. 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 De-
partment of Defense: Provided, That the Secretary of De-
fense shall make a grant in the amount of $15,000,000 to
the Padgett Thomas Barracks in Charleston, South Caro-
lina.
SEC. 8127. (a) DESIGNATED SPECIAL EVENTS OF NA-
TIONAL SIGNIFICANCE.—
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(1) Notwithstanding any other provision of law,
at events determined by the President to be special
events of national significance for which the United
States Secret Service is authorized pursuant to Sec-
tion 3056(e)(1), title 18, United States Code, to plan,
coordinate, and implement security operations, the
Secretary of Defense, after consultation with the Sec-
retary of the Treasury, shall provide assistance on a
temporary basis without reimbursement in support of
the United States Secret Service’s duties related to
such designated events.
(2) Assistance under this subsection shall be pro-
vided in accordance with an agreement that shall be
entered into by the Secretary of Defense and the Sec-
retary of the Treasury within 120 days of the enact-
ment of this Act.
(b) REPORT ON ASSISTANCE.—Not later than January
30 of each year following a year in which the Secretary
of Defense provides assistance under this section, the Sec-
retary shall submit to Congress a report on the assistance
provided. The report shall set forth—
(1) a description of the assistance provided; and
(2) the amount expended by the Department in
providing the assistance.
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(c) RELATIONSHIP TO OTHER LAWS.—The assistance
provided under this section shall not be subject to the provi-
sions of sections 375 and 376 of this title.
SEC. 8128. 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 a multi-year pilot program for leasing general
purpose Boeing 767 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 condi-
tions in lease agreements that are customary in air-
craft leases by a non-Government lessor to a non-Gov-
ernment lessee, but only those that are not incon-
sistent with any of the terms and conditions man-
dated 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 pay-
ments in a lessor if the Secretary terminates or can-
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cels the lease prior to the expiration of its term. Such
special payments shall not exceed an amount equal to
the value of one year’s lease payment under the lease.
(4) Subchapter IV of chapter 15 of Title 31,
United States Code shall apply to the lease trans-
actions 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 sec-
tion 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 sav-
ings, if any, comparing total costs, including op-
eration, support, acquisition, and financing, of
the lease, including modification, with the out-
right purchase of the aircraft as modified.
(B) A period of not less than 30 calendar
days has elapsed after submitting the report.
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(7) Not later than 1 year after the date on which
the first aircraft is delivered under this Pilot Pro-
gram, and yearly thereafter on the anniversary of the
first delivery, the Secretary shall submit a report to
the congressional defense committees describing the
status of the Pilot Program. The Report will be based
on at least 6 months of experience in operating the
Pilot Program.
(8) The Air Force shall accept delivery of the
aircraft in a general purpose configuration.
(9) At the conclusion of the lease term, each air-
craft 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 au-
thority 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 air-
craft from the commercial configuration, unless and
until separate authority for such conversion is en-
acted and only to the extent budget authority is pro-
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vided in advance in appropriations Acts for that pur-
pose; or
(2) the purchase of the aircraft by, or the trans-
fer of ownership to, the Air Force.
(e) The authority granted to the Secretary of the Air
Force by this section is separate from and in addition to,
and shall not be construed to impair or otherwise affect,
the authority of the Secretary to procure transportation or
enter into leases under a provision of law other than this
section.
(f) The authority provided under this section may be
used to lease not more than a total of one hundred aircraft
for the purposes specified herein.
(g) Notwithstanding any other provision of this Act
or any other provision of law, the President shall have the
sole authority to reprogram, for any other defense purpose,
the funds authorized by this section if he determines that
doing so will increase national security or save lives.
SEC. 8129. 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, $2,500,000 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
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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 mitiga-
tion, engineering and design, improving safety, resurfacing,
widening lanes, enhancing shoulders, and replacing signs
and pavement markings.
SEC. 8130. From funds made available under Title II
of this Act, the Secretary of the Army may make available
a grant of $3,000,000 to the Chicago Park District for ren-
ovation of the Broadway Armory, a former National Guard
facility in the Edgewater community in Chicago.
SEC. 8131. Notwithstanding any other provision of
law, none of the funds in this Act may be used to alter
specifications for insulation to be used on U.S. naval ships
or for the procurement of insulation materials different
from those in use as of November 1, 2001, until the Depart-
ment of Defense certifies to the Appropriations Committees
that the proposed specification changes or proposed new in-
sulation materials will be as safe, provide no increase in
weight, and will not increase maintenance requirements
when compared to the insulation material currently used.
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SEC. 8132. (a)(1) Chapter 131 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2228. Department of Defense strategic loan and
loan guaranty program
‘‘(a) AUTHORITY.—The Secretary of Defense may
carry out a program to make direct loans and guarantee
loans for the purpose of supporting the attainment of the
objectives set forth in subsection (b).
‘‘(b) OBJECTIVES.—The Secretary may, under the pro-
gram, make a direct loan to an applicant or guarantee the
payment of the principal and interest of a loan made to
an applicant upon the Secretary’s determination that the
applicant’s use of the proceeds of the loan will support the
attainment of any of the following objectives:
‘‘(1) Sustain the readiness of the United States
to carry out the national security objectives of the
United States through the guarantee of steady domes-
tic production of items necessary for low intensity
conflicts to counter terrorism or other imminent
threats to the national security of the United States.
‘‘(2) Sustain the economic stability of strategi-
cally important domestic sectors of the defense indus-
try that manufacture or construct products for low-
intensity conflicts and counter terrorism to respond to
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attacks on United States national security and to
protect potential United States civilian and military
targets from attack.
‘‘(3) Sustain the production and use of systems
that are critical for the exploration and development
of new domestic energy sources for the United States.
‘‘(c) CONDITIONS.—A loan made or guaranteed under
the program shall meet the following requirements:
‘‘(1) The period for repayment of the loan may
not exceed five years.
‘‘(2) The loan shall be secured by primary collat-
eral that is sufficient to pay the total amount of the
unpaid principal and interest of the loan in the event
of default.
‘‘(d) EVALUATION OF COST.—As part of the consider-
ation of each application for a loan or for a guarantee of
the loan under the program, the Secretary shall evaluate
the cost of the loan within the meaning of section 502(5)
of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)).’’.
(2) The table of sections at the beginning of such sec-
tion is amended by adding at the end the following new
item:
‘‘2228. Department of Defense strategic loan and loan guaranty program.’’.
(b) Of the amounts appropriated by Public Law 107–
38, there shall be available such sums as may be necessary
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for the costs (as defined in section 502(5) of the Federal
Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of direct
loans and loan guarantees made under section 2228 of title
10, United States Code, as added by subsection (a).
SEC. 8133. REGULATION OF BIOLOGICAL AGENTS AND
TOXINS. (a) BIOLOGICAL AGENTS PROVISIONS
OF
THE
ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF
1996; CODIFICATION IN THE PUBLIC HEALTH SERVICE
ACT, WITH AMENDMENTS.—
(1) PUBLIC HEALTH SERVICE ACT.—Subpart 1
of part F of title III of the Public Health Service Act
(42 U.S.C. 262 et seq.) is amended by inserting after
section 351 the following:
‘‘SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS
AND TOXINS.
‘‘(a) REGULATORY CONTROL OF BIOLOGICAL AGENTS
AND TOXINS.—
‘‘(1) LIST
OF
BIOLOGICAL
AGENTS
AND
TOX-
INS.—
‘‘(A) IN GENERAL.—The Secretary shall by
regulation establish and maintain a list of each
biological agent and each toxin that has the po-
tential to pose a severe threat to public health
and safety.
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‘‘(B) CRITERIA.—In determining whether to
include an agent or toxin on the list under sub-
paragraph (A), the Secretary shall—
‘‘(i) consider—
‘‘(I) the effect on human health of
exposure to the agent or toxin;
‘‘(II) the degree of contagiousness
of the agent or toxin and the methods
by which the agent or toxin is trans-
ferred to humans;
‘‘(III) the availability and effec-
tiveness of pharmacotherapies and im-
munizations to treat and prevent any
illness resulting from infection by the
agent or toxin; and
‘‘(IV) any other criteria, includ-
ing the needs of children and other vul-
nerable populations, that the Secretary
considers appropriate; and
‘‘(ii) consult with appropriate Federal
departments and agencies, and scientific ex-
perts representing appropriate professional
groups, including those with pediatric ex-
pertise.
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‘‘(2) BIENNIAL REVIEW.—The Secretary shall re-
view and republish the list under paragraph (1) bien-
nially, or more often as needed, and shall, through
rulemaking, revise the list as necessary to incorporate
additions or deletions to ensure public health, safety,
and security.
‘‘(3) EXEMPTIONS.—The Secretary may exempt
from the list under paragraph (1)—
‘‘(A) attenuated or inactive biological
agents or toxins used in biomedical research or
for legitimate medical purposes; and
‘‘(B) products that are cleared or approved
under the Federal Food, Drug, and Cosmetic Act
or under the Virus-Serum-Toxin Act, as amend-
ed in 1985 by the Food Safety and Security
Act.’’;
‘‘(b) REGULATION OF TRANSFERS OF LISTED BIO-
LOGICAL AGENTS AND TOXINS.—The Secretary shall by reg-
ulation provide for—
‘‘(1) the establishment and enforcement of safety
procedures for the transfer of biological agents and
toxins listed pursuant to subsection (a)(1), including
measures to ensure—
‘‘(A) proper training and appropriate skills
to handle such agents and toxins; and
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‘‘(B) proper laboratory facilities to contain
and dispose of such agents and toxins;
‘‘(2) safeguards to prevent access to such agents
and toxins for use in domestic or international ter-
rorism or for any other criminal purpose;
‘‘(3) the establishment of procedures to protect
the public safety in the event of a transfer or poten-
tial transfer of a biological agent or toxin in violation
of the safety procedures established under paragraph
(1) or the safeguards established under paragraph (2);
and
‘‘(4) appropriate availability of biological agents
and toxins for research, education, and other legiti-
mate purposes.
‘‘(c) POSSESSION AND USE OF LISTED BIOLOGICAL
AGENTS AND TOXINS.—The Secretary shall by regulation
provide for the establishment and enforcement of standards
and procedures governing the possession and use of biologi-
cal agents and toxins listed pursuant to subsection (a)(1)
in order to protect the public health and safety, including
the measures, safeguards, procedures, and availability of
such agents and toxins described in paragraphs (1) through
(4) of subsection (b), respectively.
‘‘(d) REGISTRATION
AND
TRACEABILITY
MECHA-
NISMS.—Regulations under subsections (b) and (c) shall re-
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quire registration for the possession, use, and transfer of
biological agents and toxins listed pursuant to subsection
(a)(1), and such registration shall include (if available to
the registered person) information regarding the character-
ization of such biological agents and toxins to facilitate
their identification and traceability. The Secretary shall
maintain a national database of the location of such bio-
logical agents and toxins with information regarding their
characterizations.
‘‘(e) INSPECTIONS.—The Secretary shall have the au-
thority to inspect persons subject to the regulations under
subsections (b) and (c) to ensure their compliance with such
regulations, including prohibitions on restricted persons
under subsection (g).
‘‘(f) EXEMPTIONS.—
‘‘(1) IN GENERAL.—The Secretary shall establish
exemptions, including exemptions from the security
provisions, from the applicability of provisions of—
‘‘(A) the regulations issued under subsection
(b) and (c) when the Secretary determines that
the exemptions, including exemptions from the
security requirements, and for the use of attenu-
ated or inactive biological agents or toxins in
biomedical research or for legitimate medical
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purposes are consistent with protecting public
health and safety; and
‘‘(B) the regulations issued under subsection
(c) for agents and toxins that the Secretary de-
termines do not present a threat for use in do-
mestic or international terrorism, provided the
exemptions are consistent with protecting public
health and safety.
‘‘(2) CLINICAL
LABORATORIES.—The Secretary
shall exempt clinical laboratories and other persons
that possess, use, or transfer biological agents and tox-
ins listed pursuant to subsection (a)(1) from the ap-
plicability of provisions of regulations issued under
subsections (b) and (c) only when—
‘‘(A) such agents or toxins are presented for
diagnosis, verification, or proficiency testing;
‘‘(B) the identification of such agents and
toxins is, when required under Federal or State
law, reported to the Secretary or other public
health authorities; and
‘‘(C) such agents or toxins are transferred
or destroyed in a manner set forth by the Sec-
retary in regulation.
‘‘(g) SECURITY REQUIREMENTS
FOR REGISTERED
PERSONS.—
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‘‘(1) SECURITY.—In carrying out paragraphs
(2) and (3) of subsection (b), the Secretary shall es-
tablish appropriate security requirements for persons
possessing, using, or transferring biological agents
and toxins listed pursuant to subsection (a)(1), con-
sidering existing standards developed by the Attorney
General for the security of government facilities, and
shall ensure compliance with such requirements as a
condition of registration under regulations issued
under subsections (b) and (c).
‘‘(2) LIMITING ACCESS TO LISTED AGENTS AND
TOXINS.—Regulations issued under subsections (b)
and (c) shall include provisions—
‘‘(A) to restrict access to biological agents
and toxins listed pursuant to subsection (a)(1)
only to those individuals who need to handle or
use such agents or toxins; and
‘‘(B) to provide that registered persons
promptly submit the names and other identi-
fying information for such individuals to the At-
torney General, with which information the At-
torney General shall promptly use criminal, im-
migration, and national security databases
available to the Federal Government to identify
whether such individuals—
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‘‘(i) are restricted persons, as defined
in section 175b of title 18, United States
Code; or
‘‘(ii) are named in a warrant issued to
a Federal or State law enforcement agency
for participation in any domestic or inter-
national act of terrorism.
‘‘(3) CONSULTATION
AND
IMPLEMENTATION.—
Regulations under subsections (b) and (c) shall be de-
veloped in consultation with research-performing or-
ganizations, including universities, and implemented
with timeframes that take into account the need to
continue research and education using biological
agents and toxins listed pursuant to subsection (a)(1).
‘‘(h) DISCLOSURE OF INFORMATION.—
‘‘(1) IN GENERAL.—Any information in the pos-
session of any Federal agency that identifies a person,
or the geographic location of a person, who is reg-
istered pursuant to regulations under this section (in-
cluding regulations promulgated before the effective
date of this subsection), or any site-specific informa-
tion relating to the type, quantity, or characterization
of a biological agent or toxin listed pursuant to sub-
section (a)(1) or the site-specific security mechanisms
in place to protect such agents and toxins, including
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the national database required in subsection (d), shall
not be disclosed under section 552(a) of title 5, United
States Code.
‘‘(2) DISCLOSURES
FOR
PUBLIC
HEALTH
AND
SAFETY; CONGRESS.—Nothing in this section may be
construed as preventing the head of any Federal
agency—
‘‘(A) from making disclosures of informa-
tion described in paragraph (1) for purposes of
protecting the public health and safety; or
‘‘(B) from making disclosures of such infor-
mation to any committee or subcommittee of the
Congress with appropriate jurisdiction, upon re-
quest.
‘‘(i) CIVIL PENALTY.—Any person who violates any
provision of a regulation under subsection (b) or (c) shall
be subject to the United States for a civil money penalty
in an amount not exceeding $250,000 in the case of an indi-
vidual and $500,000 in the case of any other person. The
provisions of section 1128A of the Social Security Act (other
than subsections (a), (b), (h), and (i), the first sentence of
subsection (c), and paragraphs (1) and (2) of subsection
(f)) small apply to civil money penalties under this sub-
section in the same manner as such provisions apply to
a penalty or proceeding under section 1128A(a) of the So-
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cial Security Act. The secretary may delegate authority
under this section in the same manner as provided in sec-
tion 1128A(j)(2) of the Social Security Act and such au-
thority shall include all powers as contained in 5 U.S.C.
App., section 6.’’
‘‘(j) DEFINITIONS.—For purposes of this section, the
terms ‘biological agent’ and ‘toxin’ have the same meaning
as in section 178 of title 18, United States Code.’’.
(2) REGULATIONS.—
(A) DATE
CERTAIN
FOR
PROMULGATION;
EFFECTIVE
DATE
REGARDING
CRIMINAL
AND
CIVIL PENALTIES.—Not later than 180 days after
the date of the enactment of this title, the Sec-
retary of Health and Human Services shall pro-
mulgate an interim final rule for carrying out
section 351A(c) of the Public Health Service Act,
which amends the Antiterrorism and Effective
Death Penalty Act of 1996. Such interim final
rule will take effect 60 days after the date on
which such rule is promulgated, including for
purposes of—
(i) section 175(b) of title 18, United
States Code (relating to criminal penalties),
as added by subsection (b)(1)(B) of this sec-
tion; and
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(ii) section 351A(i) of the Public
Health Service Act (relating to civil pen-
alties).
(B) SUBMISSION OF REGISTRATION APPLI-
CATIONS.—A person required to register for pos-
session under the interim final rule promulgated
under subparagraph (A), shall submit an appli-
cation for such registration not later than 60
days after the date on which such rule is promul-
gated.
(3) CONFORMING AMENDMENT.—Subsections (d),
(e), (f), and (g) of section 511 of the Antiterrorism
and Effective Death Penalty Act of 1996 (42 U.S.C.
262 note) are repealed.
(4) EFFECTIVE DATE.—Paragraph (1) shall take
effect as if incorporated in the Antiterrorism and Ef-
fective Death Penalty Act of 1996, and any regula-
tions, including the list under subsection (d)(1) of sec-
tion 511 of that Act, issued under section 511 of that
Act shall remain in effect as if issued under section
351A of the Public Health Service Act.
(b) SELECT AGENTS.—
(1) IN
GENERAL.—Section 175 of title 18,
United States Code, as amended by the Uniting and
Strengthening America by Providing Appropriate
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Tools Required to Intercept and Obstruct Terrorism
(USA PATRIOT ACT) Act of 2001 (Public Law 107–
56) is amended—
(A) by redesignating subsections (b) and (c)
as subsections (c) and (d), respectively; and
(B) by inserting after subsection (a) the fol-
lowing:
‘‘(b) SELECT AGENTS.—
‘‘(1) UNREGISTERED FOR POSSESSION.—Whoever
knowingly possesses a biological agent or toxin where
such agent or toxin is a select agent for which such
person has not obtained a registration required by
regulation issued under section 351A(c) of the Public
Health Service Act shall be fined under this title, or
imprisoned for not more than 5 years, or both.
‘‘(2) TRANSFER TO UNREGISTERED PERSON.—
Whoever transfers a select agent to a person who the
transferor has reasons to believe has not obtained a
registration required by regulations issued under sec-
tion 351A(b) or (c) of the Public Health Service Act
shall be fined under this title, or imprisoned for not
more than 5 years, or both.’’.
(2) DEFINITIONS.—Section 175 of title 18,
United States Code, as amended by paragraph (1), is
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further amended by striking subsection (d) and in-
serting the following:
‘‘(d) DEFINITIONS.—As used in this section:
‘‘(1) The terms ‘biological agent’ and ‘toxin’ have
the meanings given such terms in section 178, except
that, for purposes of subsections (b) and (c), such
terms do not encompass any biological agent or toxin
that is in its naturally occurring environment, if the
biological agent or toxin has not been cultivated, cul-
tured, collected, or otherwise extracted from its nat-
ural source.
‘‘(2) The term ‘for use as a weapon’ includes the
development, production, transfer, acquisition, reten-
tion, or possession of any biological agent, toxin, or
delivery system, other than for prophylactic, protec-
tive, or other peaceful purposes.
‘‘(3) The term ‘select agent’ means a biological
agent or toxin, as defined in paragraph (1), that is
on the list that is in effect pursuant to section
511(d)(1) of the Antiterrorism and Effective Death
Penalty Act of 1996 (Public Law 104–132), or as sub-
sequently revised under section 351A(a) of the Public
Health Service Act.’’.
(3) CONFORMING AMENDMENT.—
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(A) Section 175(a) of title 18, United States
Code, is amended in the second sentence by strik-
ing ‘‘under this section’’ and inserting ‘‘under
this subsection’’.
(B) Section 175(c) of title 18, United States
Code, (as redesignated by paragraph (1)), is
amended by striking the second sentence.
(c) REPORT TO CONGRESS.—Not later than 1 year
after the date of the enactment of this Act, the Secretary
of Health and Human Services, after consultation with
other appropriate Federal agencies, shall submit to the Con-
gress a report that—
(1) describes the extent to which there has been
compliance by governmental and private entities with
applicable regulations under section 351A of the Pub-
lic Health Service Act, including the extent of compli-
ance before the date of the enactment of this Act, and
including the extent of compliance with regulations
promulgated after such date of enactment;
(2) describes the actions to date and future plans
of the Secretary for updating the list of biological
agents and toxins under section 351A(a)(1) of the
Public Health Service Act;
(3) describes the actions to date and future plans
of the Secretary for determining compliance with reg-
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ulations under such section 351A of the Public Health
Service Act and for taking appropriate enforcement
actions; and
(4) provides any recommendations of the Sec-
retary for administrative or legislative initiatives re-
garding such section 351A of the Public Health Serv-
ice Act.
SEC. 8134. Section 101(1) of the Soldiers’ and Sailors’
Civil Relief Act of 1940 (50 U.S.C. App. 511(1)) is
amended—
(1) in the first sentence—
(A) by striking ‘‘and all’’ and inserting
‘‘all’’; and
(B) by inserting before the period the fol-
lowing: ‘‘, and all members of the National
Guard on duty described in the following sen-
tence’’; and
(2) in the second sentence, by inserting before the
period the following: ‘‘, and, in the case of a member
of the National Guard, shall include training or other
duty authorized by section 502(f) of title 32, United
States Code, at the request of the President, for or in
support of an operation during a war or national
emergency declared by the President or Congress’’.
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SEC. 8135. 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, engineer-
ing, production, sale and support of military aircraft;
(2) continued innovation in the development and
manufacture of military aircraft;
(3) actual and future capability of more than
one aircraft company to design, engineer, produce
and support military aircraft.
(b) STUDY OF IMPACT ON THE INDUSTRIAL BASE.—
In order to determine the current and future adequacy of
the military aircraft industrial base a study shall be con-
ducted. 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 air-
craft and related weapon systems for the Department of De-
fense, 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 sys-
tems, the impact of any limited competition in primary
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contracting on innovation in the design, development, and
construction of military aircraft and related weapon sys-
tems, the impact of limited competition in primary con-
tracting on the current and future capacity of manufactur-
ers 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. 8136. The Secretary of the Army shall, using
amounts appropriated by title II of this division under the
heading ‘‘OPERATION AND MAINTENANCE, ARMY’’, make a
production grant in the amount of $2,000,000 to Green Tree
Chemical Technologies of Parlin, New Jersey, in order to
help sustain that company through fiscal year 2002.
SEC. 8137. Of the funds appropriated in this Act
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, AIR FORCE’’ up to $4,000,000 may be made
available to extend the modeling and reengineering program
now being performed at the Oklahoma City Air Logistics
Center Propulsion Directorate.
SEC. 8138. Of the total amount appropriated by title
VI under the heading ‘‘OTHER DEPARTMENT OF DEFENSE
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APPROPRIATIONS’’, $7,500,000 may be available for Armed
Forces Retirement Homes.
SEC. 8139. Of the total amount appropriated by this
division for operation and maintenance, Marine Corps,
$2,800,000 may be used for completing the fielding of half-
zip, pullover, fleece uniform shirts for all members of the
Marine Corps, including the Marine Corps Reserve.
SEC. 8140. Of the amount appropriated by title III
of this division under the heading ‘‘AIRCRAFT PROCURE-
MENT, AIR FORCE’’, $6,000,000 may be available for 10 ra-
dars in the Air Force Radar Modernization Program for
C–130H2 aircraft for aircraft of the Nevada Air National
Guard at Reno, Nevada.
SEC. 8141. Of the amount appropriated by title IV of
this division under the heading ‘‘RESEARCH, DEVELOP-
MENT, TEST AND EVALUATION, ARMY’’, $3,000,000 may be
made available for Medical Development for the Clark
County, Nevada, bioterrorism and public health laboratory.
SEC. 8142. Of the amount appropriated by title IV of
this division under the heading ‘‘RESEARCH, DEVELOP-
MENT, TEST AND EVALUATION, AIR FORCE’’, $1,000,000
may be made available for Agile Combat Support for the
Rural Low Bandwidth Medical Collaboration System.
SEC. 8143. Of the total amount appropriated by this
division for operation and maintenance, Navy, $6,000,000
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may be available for the critical infrastructure protection
initiative.
SEC. 8144. Of the funds provided in this Act under
the heading, ‘‘RESEARCH, DEVELOPMENT, TEST AND EVAL-
UATION, AIR FORCE’’, $2,000,000 may be made available
for Battlespace Logistics Readiness and Sustainment
project in Fayetteville, Arkansas.
SEC. 8145. Of the funds appropriated by title VI of
this division under the heading ‘‘DRUG INTERDICTION AND
COUNTER-DRUG ACTIVITIES, DEFENSE’’, $2,400,000 may
be made available for the Counter Narcotics and Terrorism
Operational Medical Support Program at the Uniformed
Services University of the Health Sciences.
SEC. 8146. (a) ASSESSMENT REQUIRED.—Not later
than March 15, 2002, the Secretary of the Army shall sub-
mit 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 cur-
rent 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.
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(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 op-
tions 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 dis-
assembly and neutralization of the agents in chemical
weapons as described in Army engineering studies in 1985
and 1996, the 1991 Department of Defense Safety Contin-
gency Plan, and the 1993 findings of the National Academy
of Sciences on disassembly and neutralization of chemical
weapons.
SEC. 8147. Of the amount appropriated by title IV of
this division under the heading ‘‘RESEARCH, DEVELOP-
MENT, TEST AND EVALUATION, DEFENSE-WIDE’’ and avail-
able for the Advanced Technology Development for Arms
Control Technology element, $7,000,000 may be made avail-
able for the Nuclear Treaty sub-element of such element for
peer-reviewed seismic research to support Air Force oper-
ational nuclear test monitoring requirements.
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SEC. 8148. Of the amount available in title III of this
division under the heading ‘‘PROCUREMENT OF AMMUNI-
TION, AIR FORCE’’, $10,000,000 may be available for pro-
curement of Sensor Fused Weapons (CBU–97).
SEC. 8149. Of the amount appropriated by title III
of this division under the heading ‘‘OTHER PROCUREMENT,
NAVY’’, $8,000,000 may be made available for procurement
of the Tactical Support Center, Mobile Acoustic Analysis
System.
SEC. 8150. Of the total amount appropriated by this
division for operation and maintenance, Air National
Guard, $4,000,000 may be used for continuation of the Air
National Guard Information Analysis Network (GUARD-
IAN).
SEC. 8151. Of the amount appropriated by title II for
operation and maintenance, Defense-wide, $55,700,000
may be available for the Defense Leadership and Manage-
ment Program.
SEC. 8152. Of the funds made available in title IV of
this Act under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, ARMY’’, up to $4,000,000 may be
made available for the Display Performance and Environ-
mental Evaluation Laboratory Project of the Army Re-
search Laboratory.
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SEC. 8153. Of the funds made available in title II of
this Act under the heading ‘‘OPERATION AND MAINTE-
NANCE, NAVY’’, up to $2,000,000 may be made available
for the U.S. Navy to expand the number of combat aircrews
who can benefit from outsourced Joint Airborne Tactical
Electronic Combat Training.
SEC. 8154. Of the funds made available in title II of
this Act under the heading ‘‘OPERATION AND MAINTE-
NANCE, AIR FORCE’’, up to $2,000,000 may be made avail-
able for the U.S. Air Force to expand the number of combat
aircrews who can benefit from outsourced Joint Airborne
Tactical Electronic Combat Training.
SEC. 8155. SENSE OF THE SENATE REGARDING ENVI-
RONMENTAL CONTAMINATION IN THE PHILIPPINES. It is the
sense of the Senate 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 appro-
priate 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 Phil-
ippines following the departure of the United States
military forces from the Philippines in 1992;