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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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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—