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Department of Defense: Provided, That the Secretary of De-
fense shall make a grant in the amount of $5,000,000 to
the National D-Day Museum.
SEC. 8114. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the mat-
ter under subsection 101(b) of Public Law 104–208; 110
Stat. 3009–111; 10 U.S.C. 113 note) shall continue in effect
to apply to disbursements that are made by the Department
of Defense in fiscal year 2002.
SEC. 8115. (a) Section 8162 of the Department of De-
fense Appropriations Act, 2000 (16 U.S.C. 431 note; Public
Law 106–79) is amended—
(1) by redesignating subsection (m) as subsection
(o); and
(2) by adding after subsection (l) the following:
‘‘(m) AUTHORITY TO ESTABLISH MEMORIAL.—
‘‘(1) IN GENERAL.—The Commission may estab-
lish a permanent memorial to Dwight D. Eisenhower
on land under the jurisdiction of the Secretary of the
Interior in the District of Columbia or its environs.
‘‘(2) COMPLIANCE WITH STANDARDS FOR COM-
MEMORATIVE WORKS.—The establishment of the me-
morial shall be in accordance with the Commemora-
tive Works Act (40 U.S.C. 1001 et seq.).’’.
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(b) Section 8162 of the Department of Defense Appro-
priations Act, 2000 (16 U.S.C. 431 note; Public Law 106–
79) is amended—
(1) in subsection (j)(2), by striking ‘‘accept gifts’’
and inserting ‘‘solicit and accept contributions’’; and
(2) by inserting after subsection (m) (as added
by subsection (a)(2)) the following:
‘‘(n) MEMORIAL FUND.—
‘‘(1) ESTABLISHMENT.—There is created in the
Treasury a fund for the memorial to Dwight D. Ei-
senhower that includes amounts contributed under
subsection (j)(2).
‘‘(2) USE OF FUND.—The fund shall be used for
the expenses of establishing the memorial.
‘‘(3) INTEREST.—The Secretary of the Treasury
shall credit to the fund the interest on obligations held
in the fund.’’.
(c) In addition to the amounts appropriated or other-
wise made available elsewhere in this Act for the Depart-
ment of Defense, $3,000,000, to remain available until ex-
pended is hereby appropriated to the Department of De-
fense: Provided, That the Secretary of Defense shall make
a grant in the amount of $3,000,000 to the Dwight D. Ei-
senhower Memorial Commission for direct administrative
support.
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SEC. 8116. In addition to amounts appropriated else-
where in this Act, $8,000,000 shall be available only for
the settlement of subcontractor claims for payment associ-
ated with the Air Force contract F19628–97–C–0105, Clear
Radar Upgrade, at Clear AFS, Alaska: Provided, That the
Secretary of the Air Force shall evaluate claims as may
be submitted by subcontractors, engaged under the contract,
and, notwithstanding any other provision of law shall pay
such amounts from the funds provided in this paragraph
which the Secretary deems appropriate to settle completely
any claims which the Secretary determines to have merit,
with no right of appeal in any forum: Provided further,
That subcontractors are to be paid interest, calculated in
accordance with the Contract Disputes Act of 1978, 41
U.S.C. Sections 601–613, on any claims which the Sec-
retary determines to have merit: Provided further, That the
Secretary of the Air Force may delegate evaluation and
payment as above to the U.S. Army Corps of Engineers,
Alaska District on a reimbursable basis.
SEC. 8117. Notwithstanding any other provision of
this Act, the total amount appropriated in this Act is here-
by reduced by $1,650,000,000, to reflect savings to be
achieved from business process reforms, management effi-
ciencies, and procurement of administrative and manage-
ment support: Provided, That none of the funds provided
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in this Act may be used for consulting and advisory services
for legislative affairs and legislative liaison functions.
SEC. 8118. In addition to amounts provided elsewhere
in this Act, $21,000,000 is hereby appropriated for the Sec-
retary of Defense to establish a Regional Defense Counter-
terrorism Fellowship Program: Provided, That funding pro-
vided herein may be used by the Secretary to fund foreign
military officers to attend U.S. military educational insti-
tutions and selected regional centers for non-lethal training:
Provided further, That United States Regional Com-
manders in Chief will be the nominative authority for can-
didates and schools for attendance with joint staff review
and approval by the Secretary of Defense: Provided further,
That the Secretary of Defense shall establish rules to govern
the administration of this program.
SEC. 8119. Notwithstanding any other provision of
law, from funds appropriated in this or any other Act
under the heading, ‘‘Aircraft Procurement, Air Force’’, that
remain available for obligation, not to exceed $16,000,000
shall be available for recording, adjusting, and liquidating
obligations for the C–17 aircraft properly chargeable to the
fiscal year 1998 Aircraft Procurement, Air Force account:
Provided, That the Secretary of the Air Force shall notify
the congressional defense committees of all of the specific
sources of funds to be used for such purpose.
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‘‘(b) REGULATION OF TRANSFERS OF LISTED BIO-
LOGICAL AGENTS AND TOXINS.—The Secretary shall by reg-
ulation provide for—
‘‘(1) the establishment and enforcement of safety
procedures for the transfer of biological agents and
toxins listed pursuant to subsection (a)(1), including
measures to ensure—
‘‘(A) proper training and appropriate skills
to handle such agents and toxins; and
‘‘(B) proper laboratory facilities to contain
and dispose of such agents and toxins;
‘‘(2) safeguards to prevent access to such agents
and toxins for use in domestic or international ter-
rorism or for any other criminal purpose;
‘‘(3) the establishment of procedures to protect
the public safety in the event of a transfer or poten-
tial transfer of a biological agent or toxin in violation
of the safety procedures established under paragraph
(1) or the safeguards established under paragraph (2);
and
‘‘(4) appropriate availability of biological agents
and toxins for research, education, and other legiti-
mate purposes.
‘‘(c) POSSESSION AND USE OF LISTED BIOLOGICAL
AGENTS AND TOXINS.—The Secretary shall by regulation
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‘‘(1) IN GENERAL.—The Secretary shall establish
exemptions, including exemptions from the security
provisions, from the applicability of provisions of—
‘‘(A) the regulations issued under subsection
(b) and (c) when the Secretary determines that
the exemptions, including exemptions from the
security requirements, and for the use of attenu-
ated or inactive biological agents or toxins in
biomedical research or for legitimate medical
purposes are consistent with protecting public
health and safety; and
‘‘(B) the regulations issued under subsection
(c) for agents and toxins that the Secretary de-
termines do not present a threat for use in do-
mestic or international terrorism, provided the
exemptions are consistent with protecting public
health and safety.
‘‘(2) CLINICAL
LABORATORIES.—The Secretary
shall exempt clinical laboratories and other persons
that possess, use, or transfer biological agents and tox-
ins listed pursuant to subsection (a)(1) from the ap-
plicability of provisions of regulations issued under
subsections (b) and (c) only when—
‘‘(A) such agents or toxins are presented for
diagnosis, verification, or proficiency testing;
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gated 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 ‘‘Sala-
ries and Expenses’’, $538,500,000, to remain available until
expended, to be obligated from amounts made available in
Public Law 107–38, of which $10,283,000 is for the refur-
bishing of the Engineering and Research Facility and
$14,135,000 is for the decommissioning and renovation of
former laboratory space in the Hoover building.
IMMIGRATION AND NATURALIZATION SERVICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States and for all
costs associated with the reorganization of the Immigration
and Naturalization Service, for ‘‘Salaries and Expenses’’,
$399,400,000, to remain available until expended, to be ob-
ligated from amounts made available in Public Law 107–
38.
OFFICE OF JUSTICE PROGRAMS
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States,
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$236,900,000 shall be for discretionary grants under the
Edward Byrne Memorial State and Local Law Enforce-
ment Assistance Program, of which $81,700,000 shall be for
Northern Virginia, of which $81,700,000 shall be for New
Jersey, and of which $56,500,000 shall be for Maryland,
to remain available until expended, and to be obligated
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 ex-
pended, to be obligated from amounts made available in
Public Law 107–38.
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, for ‘‘Oper-
ations and Administration’’, $1,500,000, 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 ‘‘Oper-
ations and Administration’’, $1,756,000, to remain avail-