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to enter into such a contract (or contract extension) may
not be exercised until a period of not less than 30 days
has elapsed after the date of the submission of a report
under paragraph (4) of section 2306b(l) of title 10, United
States Code: Provided further, That the authorities pro-
vided in this section shall not be available until the Sec-
retary of Defense submits to the congressional defense
committees a certification that the applicable requirements
under section 2306b of title 10, United States Code, and
section 8008 of this Act with respect to such a contract
(or contract extension) have been met.
SEC. 8155. Except as expressly provided otherwise,
any reference in a provision of titles I through IX to ‘‘this
Act’’ shall be treated as referring only to the provisions
of this division.
SEC. 8156. Notwithstanding any other provision of
law, of the funds appropriated in this Act under the head-
ing
‘‘Operation
and
Maintenance,
Defense-Wide’’,
$1,680,500, to remain available until expended, is pro-
vided only for payment of any expenses incurred after
April 1, 2002 of the Commission on the Future of the
United States Aerospace Industry pursuant to section
1092(e)(1) of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (as enacted by Public
Law 106–398; 114 Stat. 165A–215).
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SEC. 8157. Of the funds appropriated in this Act
under the heading ‘‘Operation and Maintenance, Defense-
Wide’’, $1,000,000, to remain available until expended,
shall be made available to the Secretary of Defense, not-
withstanding any other provision of law, only for a grant
or grants to the Somerset County Board of Commissioners
(in the Commonwealth of Pennsylvania), to design and
construct a memorial (including operating and mainte-
nance expenses for appropriate security measures to pro-
tect the site) at the airplane crash site in Somerset Coun-
ty, Pennsylvania honoring the brave men, women, and
children who perished following a valiant struggle with ter-
rorists aboard United Airlines Flight 93 on September 11,
2001.
SEC. 8158. (a) None of the funds made available in
this division may be used to purchase—
(1) steel; or
(2) equipment, products, or systems that are
necessary to national security or national defense
and that are made with steel, that is not melted and
poured in the United States except in cases in which
the steel required for the intended use is not melted
and poured in the United States.
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(b) Subsection (a) shall not apply with respect to a
purchase that the Secretary of Defense determines is nec-
essary for national security purposes.
SEC. 8159. (a) FINDINGS.—The Congress finds
that—
(1) in times when our national security is
threatened by possible attacks from foreign and do-
mestic enemies, it is necessary that the United
States have a sufficient supply of certain products
that are essential for defending this Nation; and
(2) it has been the consistent intent of Con-
gress that the Department of Defense, when pur-
chasing items to support the Armed Forces, choose
items that are wholly of domestic content and manu-
facture, especially items identified as essential to our
national defense.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
(1) it is vital that the United States maintain
a domestic manufacturing base for certain products
necessary to national security, so that our Nation
does not become reliant on foreign sources for such
products and thereby vulnerable to disruptions in
international trade; and
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(2) in cases where such domestic manufacturing
base is threatened, the United States should take ac-
tion to preserve such manufacturing base.
TITLE IX
COUNTER-TERRORISM AND DEFENSE AGAINST
WEAPONS OF MASS DESTRUCTION
COUNTER-TERRORISM AND OPERATIONAL RESPONSE
TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For urgent enhancements to intelligence and military
capabilities in order to prosecute Operation ENDURING
FREEDOM; to discover, infiltrate, and deter terrorist
groups; to protect against terrorist attacks that might em-
ploy either conventional means or weapons of mass de-
struction, and to prepare against the consequences of such
attacks; to deny unauthorized users the opportunity to
modify, steal, inappropriately disclose, or destroy sensitive
military intelligence data or networks, and to accelerate
improvements in information networks and operations,
$1,670,000,000, to remain available until expended, of
which $451,000,000 shall be made available to the Direc-
tor of Central Intelligence, and of which $1,219,000,000
shall be made available to the Secretary of Defense: Pro-
vided, That of the amounts made available under this
heading for the Department of Defense, $474,000,000 is
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available only for improving chemical and biological de-
fense capabilities of the Department of Defense: Provided
further, That of the amounts made available under this
heading for the Department of Defense, $275,000,000 is
available only for improving the effectiveness of Depart-
ment of Defense and intelligence agency capabilities in the
areas of information assurance, critical infrastructure pro-
tection, and information operations: Provided further,
That in order to carry out the specified purposes under
this heading, funds made available under this heading may
be transferred to any appropriation account otherwise en-
acted by this Act: Provided further, That the funds trans-
ferred shall be merged with and shall be available for the
same purposes and for the same time period, as the appro-
priation to which transferred: Provided further, That the
transfer authority provided under this heading is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That upon a deter-
mination that all or part of the funds transferred from
this appropriation are excess for the purposes provided
herein, such amounts may be transferred back to this ap-
propriation: Provided further, That of the amounts pro-
vided under this heading, $10,000,000 shall be transferred
to the Department of Justice, only for enhanced terrorism-
related financial and money laundering investigation oper-
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ations: Provided further, That notwithstanding any other
provision of law, of the amounts provided under this head-
ing, the Secretary of Defense is authorized to transfer
$70,000,000 to other activities of the Federal Govern-
ment: Provided further, That within 90 days of enactment
of this Act, the Secretary of Defense and the Director of
Central Intelligence shall each provide to the Congress a
classified report specifying the projects and accounts to
which funds provided under this heading are to be trans-
ferred.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet
Union, including assistance provided by contract or by
grants, for facilitating the elimination and the safe and
secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weap-
on-related technology and expertise; for programs relating
to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons,
weapons components and weapons technology and exper-
tise, and for defense and military contacts, $403,000,000,
to remain available until September 30, 2004.
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PROCUREMENT, BALLISTIC MISSILE DEFENSE
ORGANIZATION
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Ballistic Missile Defense Organi-
zation necessary for procurement, production, and modi-
fication of equipment, supplies, materials, and spare parts
therefor, not otherwise provided for; expansion of public
and private plants, equipment, and installation thereof in
such plants, erection of structures, and acquisition of land
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Gov-
ernment
and
contractor-owned
equipment
layaway,
$794,557,000, to remain available for obligation until Sep-
tember 30, 2004: Provided, That funds provided under
this heading may be used for procurement of critical parts
for Patriot Advanced Capability-3 (PAC-3) missiles to
support production of such missiles in future fiscal years.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
BALLISTIC MISSILE DEFENSE ORGANIZATION
(INCLUDING RESCISSION)
For expenses of the Ballistic Missile Defense Organi-
zation necessary for basic and applied scientific research,
development,
test
and
evaluation;
advanced
research
projects as may be designated and determined by the Sec-
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retary of Defense, pursuant to law; maintenance, rehabili-
tation, lease, and operation of facilities and equipment,
$7,053,721,000, to remain available for obligation until
September 30, 2003: Provided, That for funds provided
under this heading the minimum amount applicable under
section 9(f)(1)(C) of the Small Business Act (15 U.S.C.
638(f)(1)(C)) shall be $75,000,000 (in lieu of the amount
otherwise applicable under that section): Provided further,
That of the funds provided in the Department of Defense
Appropriations Act, 2001 (Public Law 106–259), the
amount of $73,800,000 is hereby rescinded from the
‘‘Procurement, Defense-Wide, 2001/2003’’ account.
DEFENSE AGAINST CHEMICAL AND BIOLOGICAL
WEAPONS, DEFENSE-WIDE
For expenses, not otherwise provided for, for chem-
ical and biological weapon defense programs of the De-
partment
of
Defense,
as
authorized
by
law,
$1,065,940,000, of which $363,709,000 shall be for Pro-
curement, to remain available for obligation until Sep-
tember 30, 2004, and $702,231,000 shall be for Research,
Development, Test and Evaluation, to remain available for
obligation until September 30, 2003.
DEFENSE THREAT REDUCTION AGENCY
For expenses, not otherwise provided for, for the De-
fense Threat Reduction Agency of the Department of De-
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fense, as authorized by law, $806,471,000, of which
$305,393,000 shall be for Operation and Maintenance, of
which $50,000,000 shall be available only to initiate a
multi-year demonstration program at four military instal-
lations to install, operate, and evaluate a network of sen-
sors to protect installations against unconventional nu-
clear threats in accordance with the deployment rec-
ommendations of the Defense Science Board Task Force
on
Unconventional
Nuclear
Warfare
Defense;
$20,325,000 shall be for Procurement, to remain available
for
obligation
until
September
30,
2004;
and
$480,753,000 shall be for Research, Development, Test
and Evaluation to remain available for obligation until
September 30, 2003, of which $25,000,000 shall be avail-
able only for research and development of systems to sup-
port the protection of military installations against uncon-
ventional nuclear threats in accordance with the rec-
ommendations of the Defense Science Board Task Force
on Unconventional Nuclear Warfare Defense.
This division may be cited as the ‘‘Department of De-
fense Appropriations Act, 2002’’.
DIVISION B—FISCAL YEAR 2002
SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
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fiscal year ending September 30, 2002, and for other pur-
poses, namely:
CHAPTER 1
DEPARTMENT OF AGRICULTURE
OFFICE OF THE SECRETARY
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Of-
fice of the Secretary’’, $4,582,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL
PAYMENTS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Ag-
riculture Buildings and Facilities and Rental Payments’’,
$2,875,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–
38.
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $5,635,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
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ANIMAL AND PLANT HEALTH INSPECTION 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’’, $8,175,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
BUILDINGS AND FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Buildings and Facilities’’, $14,081,000, to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
FOOD SAFETY AND INSPECTION SERVICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Food Safety and Inspection Service’’, $9,800,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses necessary to support activities related to
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countering potential biological, disease, and chemical
threats to civilian populations, for ‘‘Food and Drug Ad-
ministration, Salaries and Expenses’’, $104,350,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
INDEPENDENT AGENCIES
COMMODITY FUTURES TRADING COMMISSION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Commodity Futures Trading Commission’’, $6,495,000,
to remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
ADMINISTRATIVE REVIEW AND APPEALS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Ad-
ministrative Review and Appeals’’, $3,500,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
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aries
and
Expenses,
General
Legal
Activities’’,
$12,500,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries
and
Expenses,
United
States
Attorneys’’,
$68,450,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
SALARIES AND EXPENSES, UNITED STATES MARSHALS
SERVICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses, United States Marshals Service’’,
$11,100,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
FEDERAL BUREAU OF INVESTIGATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $538,500,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
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IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
ENFORCEMENT AND BORDER AFFAIRS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $409,600,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
OFFICE OF JUSTICE PROGRAMS
JUSTICE ASSISTANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Jus-
tice Assistance’’, $400,000,000, to remain available until
expended, to be obligated from amounts made available
in Public Law 107–38, of which $45,000,000 is for emer-
gency response communications technologies and equip-
ment for Northern Virginia, $20,000,000 is for the Cap-
itol Wireless Integrated Network in the Washington Met-
ropolitan Area, $15,000,000 is for a chemical sensor pro-
gram within the Washington, D.C. subway system, and
$9,800,000 is for an aircraft for counterterrorism and
other required activities for the City of New York.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘State
and
Local
Law
Enforcement
Assistance’’,
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$17,100,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
CRIME VICTIMS FUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Crime Victims Fund’’, $68,100,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Op-
erations and Administration’’, $750,000, to remain avail-
able until expended, to be obligated from amounts made
available in Public Law 107–38.
EXPORT ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Op-
erations and Administration’’, $1,756,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
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NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING
AND CONSTRUCTION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Public Telecommunications Facilities, Planning and Con-
struction’’, $8,250,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38: Provided, That matching require-
ments set forth in section 392(b) of the Communications
Act of 1934, as amended, shall not apply to funds pro-
vided in this Act.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Op-
erations, Research, and Facilities’’, $750,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
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aries and Expenses’’, $8,636,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
THE JUDICIARY
SUPREME COURT OF THE UNITED STATES
CARE OF THE BUILDING AND GROUNDS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Care
of the Building and Ground’’, $10,000,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER
JUDICIAL SERVICES
COURT SECURITY
For emergency expenses to respond to the September
11, 2001 terrorist attacks on the United States, for
‘‘Court Security’’, $21,500,000, to remain available until
expended, to be obligated from amounts made available
in Public Law 107–38: Provided, That the funds may be
expended directly or transferred to the United States Mar-
shals Service, to remain available until expended: Provided
further, That $4,000,000 shall be available to reimburse
the United States Marshals Service for a Supervisory Dep-
uty Marshal responsible for coordinating security in each
judicial district and circuit.
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DEPARTMENT OF STATE AND RELATED
AGENCY
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘International Broadcasting Operations’’, $9,200,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
BROADCASTING CAPITAL IMPROVEMENTS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Broadcasting Capital Improvements’’, $10,000,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
RELATED AGENCIES
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses,’’ $1,301,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
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SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $20,705,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
SMALL BUSINESS ADMINISTRATION
DISASTER LOANS PROGRAM ACCOUNT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Dis-
aster Loans Program Account’’, $140,000,000, to remain
available until expended, to be obligated from amounts
available in Public Law 107–38.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 201. Funds appropriated by this Act for the
Broadcasting Board of Governors and the Department of
State may be obligated and expended notwithstanding sec-
tion 313 of the Foreign Relations Authorization Act, Fis-
cal Years 1994 and 1995, and section 15 of the State De-
partment Basic Authorities Act of 1956, as amended.
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CHAPTER 3
DEPARTMENT OF DEFENSE—MILITARY
OPERATION AND MAINTENANCE
DEFENSE EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘De-
fense Emergency Response Fund’’, $7,242,911,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38, as follows:
(1)
For
increased
situational
awareness,
$1,735,000,000;
(2)
For
enhanced
force
protection,
$742,911,000, of which $40,000,000 shall be avail-
able only for biological weapons proliferation preven-
tion
activities
under
the
Former
Soviet
Union
Threat Reduction Program, of which $30,000,000
shall be transferred to ‘‘Department of State, Non-
proliferation, Anti-terrorism, Demining, and Related
Programs’’ only for the purpose of supporting ex-
pansion of the Biological Weapons Redirect and
International Science and Technology Centers pro-
grams, to prevent former Soviet biological weapons
experts from emigrating to proliferant states and to
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reconfigure former Soviet biological weapons produc-
tion facilities for peaceful uses;
(3)
For
improved
command
and
control,
$162,000,000;
(4)
For
increased
worldwide
posture,
$2,801,000,000;
(5)
For
offensive
counterterrorism,
$769,000,000, of which $237,000,000 is for the
Special Operations Command;
(6) For initial crisis response, $108,000,000;
(7) For the Pentagon Reservation Maintenance
Revolving Fund, $925,000,000:
Provided, That none of the funds provided under this
heading in this chapter may be used for appropriations
for military construction and military family housing.
GENERAL PROVISIONS—THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Amounts available in the ‘‘Defense Emer-
gency Response Fund’’ (the ‘‘Fund’’) shall be available for
the purposes set forth in the 2001 Emergency Supple-
mental Appropriations Act for Recovery from and Re-
sponse to Terrorist Attacks on the United States (Public
Law 107–38): Provided, That the Fund may be used to
reimburse other appropriations or funds of the Depart-
ment of Defense, including activities of the National For-
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eign Intelligence Program funded in defense appropria-
tions acts, only for costs incurred for such purposes on
or after September 11, 2001: Provided further, That the
Fund may be used to liquidate obligations incurred by the
Department of Defense under the authorities in section
3732 of the Revised Statutes (41 U.S.C. 11; popularly
known as the ‘‘Food and Forage Act’’) for any costs in-
curred for such purposes between September 11 and Sep-
tember 30, 2001: Provided further, That the Secretary of
Defense may transfer to the Fund amounts from any cur-
rent appropriation made available in defense appropria-
tions acts, only for the purpose of adjusting and liqui-
dating obligations properly chargeable to the Fund: Pro-
vided further, That the authority granted in the preceding
proviso shall only be exercised after the Secretary of De-
fense makes a determination that amounts in the Fund
are insufficient to liquidate obligations made using appro-
priations in the Fund, and not prior to 30 days after noti-
fying the congressional defense committees in writing re-
garding each proposed transfer of funds: Provided further,
That in order to carry out the specified purposes under
this heading, the Secretary of Defense may transfer funds
from the Fund to any defense appropriation account en-
acted in appropriations acts, including ‘‘Support for Inter-
national Sporting Competitions, Defense’’: Provided fur-
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ther, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same
time period as the appropriation to which transferred:
Provided further, That the transfer authority provided
under this heading is in addition to any other transfer au-
thority available to the Department of Defense: Provided
further, That within 30 days of enactment of this Act, and
quarterly thereafter, the Secretary of Defense and the Di-
rector of Central Intelligence shall each provide to the
Congress a report (in unclassified and classified form, as
needed) specifying the projects and accounts to which
funds provided in this chapter are to be transferred.
(INCLUDING TRANSFER OF FUNDS)
SEC. 302. During the current fiscal year, amounts
in or credited to the Defense Cooperation Account under
10 U.S.C. 2608(b) are hereby appropriated and shall be
available for transfer by the Secretary of Defense to such
appropriations or funds of the Department of Defense as
he shall determine, to be merged with and be available
for the same purposes and the same time period as the
appropriation to which transferred: Provided, That the
Secretary shall provide written notification to the congres-
sional defense committees 30 days prior to such transfer:
Provided further, That the transfer authority provided
under this heading is in addition to any other transfer au-
thority available to the Department of Defense: Provided
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further, That these amounts are designated by the Con-
gress as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That the Secretary of Defense shall report to the Congress
quarterly on all obligations made pursuant to this author-
ity.
SEC. 303. (a) Amounts in the appropriation account
‘‘Support for International Sporting Competitions, De-
fense’’ may be used to support essential security and safe-
ty services for the 2002 Winter Olympic Games in Salt
Lake City, Utah, under section 2564 of title 10, United
States Code, without the certification otherwise required
under subsection (a) of that section.
(b) In connection with the provision of essential secu-
rity and safety support to the 2002 Winter Olympic
Games and logistical and security support to the 2002
Winter Paralympic Games, the term ‘‘active duty’’ as used
in section 5802 of division A of the Omnibus Consolidated
Appropriations Act, 1997 (10 U.S.C. 2564 note), shall be
treated as including State active duty and full-time Na-
tional Guard duty performed by members of the Army Na-
tional Guard and Air National Guard.
SEC. 304. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intel-
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ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414).
SEC. 305. For the purposes of this Act, the term
‘‘congressional defense committees’’ means the Armed
Services Committee of the House of Representatives, the
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representa-
tives.
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for a
Federal payment to the District of Columbia for Protec-
tive Clothing and Breathing Apparatus, to be obligated
from amounts made available in Public Law 107–38 and
to remain available until expended, $12,144,209, of which
$921,833 is for the Fire and Emergency Medical Services
Department, $4,269,000 is for the Metropolitan Police
Department, $1,500,000 is for the Department of Health,
$453,376 is for the Department of Public Works, and
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$5,000,000 is for the Washington Metropolitan Area
Transit Authority.
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for a
Federal payment to the District of Columbia for Special-
ized Hazardous Materials Equipment, to be obligated from
amounts made available in Public Law 107–38 and to re-
main available until expended, $1,032,342, for the Fire
and Emergency Medical Services Department.
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for a
Federal payment to the District of Columbia for Chemical
and Biological Weapons Preparedness, to be obligated
from amounts made available in Public Law 107–38 and
to remain available until expended, $10,354,415, of which
$204,920 is for the Fire and Emergency Medical Services
Department, $258,170 is for the Metropolitan Policy De-
partment, and $9,891,325 is for the Department of
Health.
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for a
Federal payment to the District of Columbia for Pharma-
ceuticals for Responders, to be obligated from amounts
made available in Public Law 107–38 and to remain avail-
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able until expended, $2,100,000, for the Department of
Health.
Notwithstanding any other provision of law, all
amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget. The Chief fi-
nancial Officer of the District of Columbia shall provide
quarterly reports to the President and the Committees on
Appropriations of the Senate and the House of Represent-
atives on the use of the funds under this heading begin-
ning no later than January 2, 2002.
DISTRICT OF COLUMBIA FUNDS
DIVISION OF EXPENSES
The following amounts are appropriated for the Dis-
trict of Columbia for the current fiscal year out of the
general fund of the District of Columbia and shall remain
available until expended.
For Protective Clothing and Breathing Apparatus, to
remain available until expended, $12,144,209, of which
$921,833 is for the Fire and Emergency Medical Services
Department, $4,269,000 is for the Metropolitan Police
Department, $1,500,000 is for the Department of Health,
$453,376 is for the Department of Public Works, and
$5,000,000 is for the Washington Metropolitan Area
Transit Authority.
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For Specialized Hazardous Materials Equipment, to
remain available until expended, $1,032,342, for the Fire
and Emergency Medical Services Department.
For Chemical and Biological Weapons Preparedness,
to remain available until expended, $10,354,415, of which
$204,920 is for the Fire and Emergency Medical Services
Department, $258,170 is for the Metropolitan Police De-
partment, and $9,891,325 is for the Department of
Health.
For Pharmaceuticals for Responders, to remain avail-
able until expended, $2,100,000, for the Department of
Health.
CHAPTER 5
DEPARTMENT OF DEFENSE—CIVIL
CORPS OF ENGINEERS—CIVIL
OPERATION AND MAINTENANCE, GENERAL
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Op-
eration and Maintenance, General’’ $139,000,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
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DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
WATER AND RELATED RESOURCES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘Water and Related Resources’’, $30,259,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
DEPARTMENT OF ENERGY
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses to increase the security of the Nation’s nu-
clear
weapons
complex,
for
‘‘Weapons
Activities’’,
$88,000,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
DEFENSE NUCLEAR NONPROLIFERATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses to increase the security of the Nation’s nu-
clear
weapons
complex,
for
‘‘Defense
Nuclear
Non-
proliferation’’, $18,000,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
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ENVIRONMENTAL AND OTHER DEFENSE
ACTIVITIES
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE
MANAGEMENT
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘De-
fense Environmental Restoration and Waste Manage-
ment’’, $8,200,000, to remain available until expended, to
be obligated from amounts made available in Public Law
107–38.
OTHER DEFENSE ACTIVITIES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses necessary to support activities related to
countering potential biological threats to civilian popu-
lations, for ‘‘Other Defense Activities’’, $3,500,000, to re-
main available until expended, to be obligated from
amounts made available in Public Law 107–38.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Op-
eration of the National Park System’’, $10,098,000, to re-
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main available until expended, to be obligated from
amounts made available in Public Law 107–38.
UNITED STATES PARK POLICE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for the
‘‘United States Park Police’’, $25,295,000, to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
CONSTRUCTION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Con-
struction’’, $21,624,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
DEPARTMENTAL OFFICES
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Sala-
ries and Expenses’’, $2,205,000, to remain available until
expended, to be obligated from amounts made available
in Public Law 107–38, for the working capital fund of
the Department of the Interior.
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OTHER RELATED AGENCIES
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Sala-
ries
and
Expenses’’
of
the
Smithsonian
Institution,
$21,707,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Sala-
ries and Expenses’’ of the National Gallery of Art,
$2,148,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–
38.
JOHN F. KENNEDY CENTER FOR THE
PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Op-
erations and Maintenance’’ of the John F. Kennedy Cen-
ter for the Performing Arts, $4,310,000, to remain avail-
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able until expended, to be obligated from amounts made
available in Public Law 107–38.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Sala-
ries and Expenses’’ of the National Capital Planning Com-
mission, $758,000, to be obligated from amounts made
available in Public Law 107–38.
CHAPTER 7
DEPARTMENT OF LABOR
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT
SERVICE OPERATIONS
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
‘‘State Unemployment Insurance and Employment Service
Operations’’, $4,100,000, to remain available until ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
PENSION AND WELFARE BENEFITS ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States for ‘‘Sala-
ries and Expenses’’, $1,600,000, to remain available until
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expended, to be obligated from amounts made available
in Public Law 107–38.
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $1,000,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $5,880,000, to remain available
until expended, to be obligated from amounts made avail-
able in Public Law 107–38.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY
FUND
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and for
other expenses necessary to support activities related to
countering potential biological, disease, and chemical
threats to civilian populations, for ‘‘Public Health and So-
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cial Services Emergency Fund’’, $1,990,600,000 (reduced
by $100,000,000) (increased by $100,000,000), to remain
available until expended, to be obligated from amounts
made available in Public Law 107–38.
DEPARTMENT OF EDUCATION
SCHOOL IMPROVEMENT PROGRAMS
For emergency expenses to provide education-related
services to local educational agencies in which the learning
environment has been disrupted due to a violent or trau-
matic crisis, for the Project School Emergency Response
to Violence program, $10,000,000, to remain available
until expended, and to be obligated from amounts made
available in Public Law 107–38.
RELATED AGENCIES
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Sal-
aries and Expenses’’, $180,000, to remain available until
expended, to be obligated from amounts made available
in Public Law 107–38.
SOCIAL SECURITY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for
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‘‘Limitation on Administrative Expenses’’, $7,500,000, to
remain available until expended, to be obligated from
amounts made available in Public Law 107–38.
CHAPTER 8
LEGISLATIVE BRANCH
LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September
11,
2001,
terrorist
attacks
on
the
United
States,
$256,081,000 to remain available until expended, to be
derived from the Emergency Response Fund established
by Public Law 107–38: Provided, That $34,500,000 shall
be transferred to ‘‘SENATE—Sergeant at Arms and
Doorkeeper of the Senate’’ and shall be obligated with
prior notification to the Committee on Appropriations of
the Senate: Provided further, That $40,712,000 shall be
transferred to ‘‘HOUSE OF REPRESENTATIVES—
Salaries and Expenses’’ and shall be obligated with prior
notification to the Committee on Appropriations of the
House
of
Representatives:
Provided
further,
That
$1,000,000 shall be transferred as a grant to the United
States Capitol Historical Society: Provided further, That
the remaining balance of $179,869,000, together with any
other amounts provided to any entity in the legislative
branch which are derived from the Emergency Response
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Fund established by Public Law 107–38 and which re-
main unobligated as of the date of the enactment of this
Act (other than any amounts provided to the House of
Representatives or Senate), shall be transferred to the
Capitol Police Board, who shall transfer to the affected
entities of the legislative branch such amounts as the Cap-
itol Police Board considers appropriate, with prior notifi-
cation to the Committees on Appropriations of the House
of Representatives and Senate.
HOUSE OF REPRESENTATIVES
ADMINISTRATIVE PROVISIONS
SEC. 801. (a) ACQUISITION OF BUILDINGS AND FA-
CILITIES.—Notwithstanding any other provision of law, in
order to respond to an emergency situation, the Chief Ad-
ministrative Officer of the House of Representatives may
acquire buildings and facilities, subject to the availability
of appropriations, for the use of the House of Representa-
tives by lease, purchase, or such other arrangement as the
Chief Administrative Officer considers appropriate (in-
cluding a memorandum of understanding with the head
of an Executive Agency, as defined in section 105 of title
5, United States Code, in the case of a building or facility
under the control of such Agency), subject to the approval
of the House Office Building Commission.
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(b) AGREEMENTS.—Notwithstanding any other pro-
vision of law, for purposes of carrying out subsection (a),
the Chief Administrative Officer may carry out such ac-
tivities and enter into such agreements related to the use
of any building or facility acquired pursuant to such sub-
section as the Chief Administrative Officer considers ap-
propriate, including—
(1) agreements with the United States Capitol
Police or any other entity relating to the policing of
such building or facility; and
(2) agreements with the Architect of the Cap-
itol or any other entity relating to the care and
maintenance of such building or facility.
(c) AUTHORITY OF CAPITOL POLICE AND ARCHI-
TECT.—
(1) ARCHITECT
OF
THE
CAPITOL.—Notwith-
standing any other provision of law, the Architect of
the Capitol may take any action necessary to carry
out an agreement entered into with the Chief Ad-
ministrative Officer pursuant to subsection (b).
(2) CAPITOL POLICE.—Section 9 of the Act of
July 31, 1946 (40 U.S.C. 212a) is amended—
(A) by striking ‘‘The Capitol Police’’ and
inserting ‘‘(a) The Capitol Police’’; and
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(B) by adding at the end the following new
subsection:
‘‘(b) For purposes of this section, ‘the United States
Capitol Buildings and Grounds’ shall include any building
or facility acquired by the Chief Administrative Officer of
the House of Representatives for the use of the House
of Representatives for which the Chief Administrative Of-
ficer has entered into an agreement with the United States
Capitol Police for the policing of the building or facility.’’.
(d) TRANSFER OF CERTAIN FUNDS.—Subject to the
approval of the Committee on Appropriations of the House
of Representatives, the Architect of the Capitol may trans-
fer to the Chief Administrative Officer amounts made
available to the Architect for necessary expenses for the
maintenance, care and operation of the House office build-
ings during a fiscal year in order to cover any portion of
the costs incurred by the Chief Administrative Officer dur-
ing the year in acquiring a building or facility pursuant
to subsection (a).
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall apply with respect to fis-
cal year 2002 and each succeeding fiscal year.
SEC. 802. (a) Notwithstanding any other provision
of law—
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(1) subject to subsection (b), the Chief Admin-
istrative Officer of the House of Representatives and
the head of an Executive Agency (as defined in sec-
tion 105 of title 5, United States Code) may enter
into a memorandum of understanding under which
the Agency may provide facilities, equipment, sup-
plies, personnel, and other support services for the
use of the House of Representatives during an emer-
gency situation; and
(2) the Chief Administrative Officer and the
head of the Agency may take any action necessary
to carry out the terms of the memorandum of under-
standing.
(b) The Chief Administrative Officer of the House of
Representatives may not enter into a memorandum of un-
derstanding described in subsection (a)(1) without the ap-
proval of the Speaker of the House of Representatives.
(c) This section shall apply with respect to fiscal year
2002 and each succeeding fiscal year.
OTHER LEGISLATIVE BRANCH
ADMINISTRATIVE PROVISIONS
SEC. 803. (a) Section 1(c) of Public Law 96–152 (40
U.S.C. 206–1) is amended by striking ‘‘but not to exceed’’
and all that follows and inserting the following: ‘‘but not
to exceed $2,500 less than the lesser of the annual salary
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for the Sergeant at Arms of the House of Representatives
or the annual salary for the Sergeant at Arms and Door-
keeper of the Senate.’’.
(b) The Assistant Chief of the Capitol Police shall
receive compensation at a rate determined by the Capitol
Police Board, but not to exceed $1,000 less than the an-
nual salary for the chief of the United States Capitol Po-
lice.
(c) This section and the amendment made by this sec-
tion shall apply with respect to pay periods beginning on
or after the date of the enactment of this Act.
SEC. 804. In addition to the authority provided under
section 121 of the Legislative Branch Appropriations Act,
2002, at any time on or after the date of the enactment
of this Act, the Capitol Police Board may accept contribu-
tions of recreational, comfort, and other incidental items
and services to support officers and employees of the
United States Capitol Police while such officers and em-
ployees are on duty in response to emergencies involving
the safety of human life or the protection of property.
SEC. 805. (a) Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended by adding at the end the
following new subsection:
‘‘(c)(1) For purposes of this section, ‘the United
States Capitol Buildings and Grounds’ shall include all
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buildings and grounds of the United States Botanic Gar-
den, including the National Garden and Bartholdi Park.
‘‘(2) For purposes of this section, the Joint Com-
mittee on the Library may suspend the application of sec-
tion 4 of this Act to the buildings and grounds described
in paragraph (1) in order to promote the interests of the
United States Botanic Garden.’’.
(b) The amendment made by subsection (a) shall
apply with respect to fiscal year 2002 and each succeeding
fiscal year.
SEC. 806. (a) ASSISTANCE FOR CAPITOL POLICE
FROM EXECUTIVE DEPARTMENTS AND AGENCIES.—Not-
withstanding any other provision of law, Executive depart-
ments and Executive agencies may assist the United
States Capitol Police in the same manner and to the same
extent as such departments and agencies assist the United
States Secret Service under section 6 of the Presidential
Protection Assistance Act of 1976 (18 U.S.C. 3056 note),
except as may otherwise be provided in this section.
(b) TERMS OF ASSISTANCE.—Assistance under this
section shall be provided—
(1) consistent with the authority of the Capitol
Police under sections 9 and 9A of the Act of July
31, 1946 (40 U.S.C. 212a and 212a–2);
(2) upon the advance written request of—
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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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16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$4,052,695,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in connec-
tion with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $1,783,744,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Army, as authorized
by law; and not to exceed $10,794,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the
approval or authority of the Secretary of the Army, and
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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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munications and electronic equipment; other support equip-
ment; spare parts, ordnance, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including the land necessary there-
for, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway; and other ex-
penses necessary for the foregoing purposes, $4,160,186,000,
to remain available for obligation until September 30,
2004.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and in-
stallation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $8,030,043,000,
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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.
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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.
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
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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-
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
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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
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
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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.
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-
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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
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.
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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,
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-
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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.
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
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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-
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
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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,
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
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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
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.
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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
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
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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
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
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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)
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.
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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
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.
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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
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.
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(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
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
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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
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
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of the patient that are confirmed by a health professional
who is not a Federal employee after a review, pursuant to
rules prescribed by the Secretary, which takes into account
the appropriate level of care for the patient, the intensity
of services required by the patient, and the availability of
that care.
SEC. 8018. Funds available in this Act and hereafter
may be used to provide transportation for the next-of-kin
of individuals who have been prisoners of war or missing
in action from the Vietnam era to an annual meeting in
the United States, under such regulations as the Secretary
of Defense may prescribe.
SEC. 8019. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of Defense
may, by executive agreement, establish with host nation
governments in NATO member states a separate account
into which such residual value amounts negotiated in the
return of United States military installations in NATO
member states may be deposited, in the currency of the host
nation, in lieu of direct monetary transfers to the United
States Treasury: Provided, That such credits may be 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-
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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
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
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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
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
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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
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-
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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.
(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).
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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
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.
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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
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
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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.
(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
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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
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
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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
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.
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(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
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-
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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.
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
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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-
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
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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
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
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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
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.
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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
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-
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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-
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-
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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
(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,
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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
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
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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
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;
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‘‘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-
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
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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
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.
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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.
(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-
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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
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
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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.
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
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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
$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-
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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-
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.
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(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
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
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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.
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.
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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
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-
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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
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;
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(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-
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
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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-
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
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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.
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
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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.
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.
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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
(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-
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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.
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
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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
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-
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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;
‘‘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.
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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,
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
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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-
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
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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-
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
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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.
(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-
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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
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
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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-
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
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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-
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
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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
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.
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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-
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
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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:
(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