I
107TH CONGRESS
2D SESSION
H. R. 5117
Making supplemental appropriations for the Department of Defense for the
fiscal year ending September 30, 2002, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 15, 2002
Mr. YOUNG of Florida introduced the following bill; which was referred to the
Committee on Appropriations
A BILL
Making supplemental appropriations for the Department of
Defense for the fiscal year ending September 30, 2002,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2002, and for other pur-
poses, namely:
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DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $206,000,000: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Main-
tenance, Army’’, $226,000,000, to remain available for ob-
ligation until September 30, 2003: Provided, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That $119,000,000
shall be available only to the extent that an official budget
request for $119,000,000, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
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OPERATION AND MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Main-
tenance, Navy’’, $53,750,000, to remain available for obli-
gation until September 30, 2003: Provided, That the en-
tire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended: Provided further, That $17,250,000
shall be available only to the extent that an official budget
request for $17,250,000, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
OPERATION AND MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Main-
tenance, Air Force’’, $60,500,000, to remain available for
obligation until September 30, 2003: Provided, That the
entire amount is designated by the Congress as an emer-
gency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended; Provided further, That $19,500,000
shall be available only to the extent that an official budget
request for $19,500,000, that includes designation of the
entire amount of the request as an emergency requirement
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as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Main-
tenance, Defense-Wide’’, $751,975,000, to remain avail-
able for obligation until September 30, 2003, of which
$420,000,000 may be used, notwithstanding any other
provision of law, for payments to Pakistan, Jordan, and
other key cooperating nations for logistical and military
support provided to United States military operations in
connection with the Global War on Terrorism: Provided,
That such payments may be made in such amounts as
the Secretary may determine, in accordance with standard
accounting practices and procedures, in consultation with
the Director of the Office of Management and Budget and
15 days following notification to the appropriate Congres-
sional committees; Provided further, That amounts for
such payments shall be in addition to any other funds that
may be available for such purposes: Provided further, That
the entire amount is designated by the Congress 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
$12,975,000 shall be available only to the extent that an
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official budget request for $12,975,000, that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
DEFENSE EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for the ‘‘Defense Emer-
gency Response Fund’’, $12,693,972,000, to remain avail-
able for obligation until September 30, 2003, of which
$77,900,000 shall be available for enhancements to North
American Air Defense Command capabilities: Provided,
That the Secretary of Defense may transfer the funds pro-
vided in this paragraph only to appropriations for military
personnel; operation and maintenance, procurement; the
Defense Health Program; and working capital funds; Pro-
vided further, That notwithstanding the preceding proviso,
$100,000,000 of the funds provided under this heading
are available for transfer to any other appropriations ac-
counts of the Department of Defense, for certain classified
activities, and notwithstanding any other provision of law,
such funds may be obligated to carry out projects not oth-
erwise authorized by law: Provided further, That any funds
transferred shall be merged with and shall be available for
the same purposes and for the same time period as the
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appropriation to which transferred: Provided further, That
the transfer authority provided in this paragraph is in ad-
dition 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 not necessary for the purposes pro-
vided herein, such amounts may be transferred back to
this appropriation: Provided further, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $1,393,972,000 shall
be available only to the extent that an official budget re-
quest for $1,393,972,000 that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
PROCUREMENT
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement,
Army’’, $79,200,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985,
as amended.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement,
Navy’’, $22,800,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For an additional amount for ‘‘Procurement of Am-
munition, Navy and Marine Corps’’, $262,000,000, to re-
main available for obligation until September 30, 2004:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement,
Navy’’, $2,500,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
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anced Budget and Emergency Deficit Control Act of 1985,
as amended.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine
Corps’’, $3,500,000, to remain available for obligation
until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement,
Air Force’’, $129,500,000, to remain available for obliga-
tion until September 30, 2004: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended: Provided further, That $36,500,000 shall be
available only to the extent that an official budget request
for $36,500,000, that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
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section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended.
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Army’’, $8,200,000, to remain
available for obligation until September 30, 2003: Pro-
vided, That the entire amount is 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Navy’’, $9,000,000, to remain
available for obligation until September 30, 2003: Pro-
vided, That the entire amount is 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.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Air Force’’, $99,800,000, to
remain available for obligation until September 30, 2003:
Provided, That the entire amount is designated by the
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That $39,000,000 shall be available only to the extent that
an official budget request for $39,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For an additional amount for ‘‘Research, Develop-
ment, Test and Evaluation, Defense-Wide’’, $72,000,000,
to remain available for obligation until September 30,
2003: Provided, That the entire amount is designated by
the Congress as an emergency requirement pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended: Provided
further, That $20,000,000 shall be available only to the
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extent that an official budget request for $20,000,000,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress.
GENERAL PROVISIONS
SEC. 301. (a) The appropriation under the heading
‘‘Research, Development, Test and Evaluation, Navy’’ in
the Department of Defense Appropriations Act, 2002
(Public Law 107–117) is amended by adding the following
proviso immediately after ‘‘September 30, 2003’’: ‘‘: Pro-
vided, That funds appropriated in this paragraph which
are available for the V–22 may be used to meet unique
requirements of the Special Operations Forces’’.
(b) The amendment made by subsection (a) shall be
effective as if enacted as part of the Department of De-
fense Appropriations Act, 2002.
(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) shall be available for transfer, obliga-
tion and expenditure, consistent with the purposes for
which such amounts were contributed and accepted, by the
Secretary of Defense to such appropriations or funds of
the Department of Defense as the Secretary shall deter-
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mine, to be merged with and to be available for the same
purposes and the same time period as the appropriation
or fund to which transferred: Provided, That the Secretary
shall provide written notification to the congressional de-
fense committees 30 days prior to such transfer: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense: Provided further, That the entire amount is des-
ignated by the Congress 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 re-
port to the Congress quarterly all transfers made pursuant
to this authority.
SEC. 303. During fiscal year 2002, the President may
continue to provide assistance to Russia under cooperative
threat reduction programs and under title V of the Free-
dom Support Act (Public Law 102–511; 106 Stat. 3338)
without regard to the certification requirements in section
1203(d) of the Cooperative Threat Reduction Act of 1993
(22 U.S.C. 5952 (d)) and section 502 of the Freedom
Support Act (22 U.S.C. 5852) if the President submits
to the Speaker of the House of Representatives and the
President pro tempore of the Senate a certification that
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providing such assistance is vital to the national security
interests of the United States.
SEC. 304. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intel-
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): Provided,
That any funds appropriated or transferred to the Central
Intelligence Agency for agent operations or covert action
programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2003.
SEC. 305. Section 8005 of the Department of De-
fense Appropriations Act, 2002 (division A of Public Law
107–117; 115 Stat. 2247), is amended by striking ‘‘May
1, 2002’’ before the period at the end and inserting ‘‘June
15, 2002’’.
SEC. 306. (a) Funds appropriated to the Department
of Defense for fiscal year 2002 for operation and mainte-
nance under the heading ‘‘Chemical Agents and Munitions
Destruction, Army’’, may be used to pay for additional
costs of international inspectors from the Technical Secre-
tariat of the Organization for the Prohibition of Chemical
Weapons, pursuant to Articles IV and V of the Chemical
Weapons Convention, for inspections and monitoring of
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Department of Defense sites and commercial sites that
perform services under contract to the Department of De-
fense, resulting from the Department of Defense’s pro-
gram to accelerate its chemical demilitarization schedule.
(b) Expenses which may be paid under subsection (a)
include—
(1) salary costs for performance of inspection
and monitoring duties;
(2) travel, including travel to and from the
point of entry into the United States and internal
United States travel;
(3) per diem, not to exceed United Nations
rates and in compliance with United Nations condi-
tions for per diem for that organization; and
(4) expenses for operation and maintenance of
inspection and monitoring equipment.
SEC. 307. (a) In fiscal year 2002, funds available to
the Department of Defense for assistance to the Govern-
ment of Colombia shall be available to support a unified
campaign against narcotics trafficking, against activities
by organizations designated as terrorist organizations
such as the Revolutionary Armed Forces of Colombia
(FARC), the National Liberation Army (ELN), and the
United Self-Defense Forces of Colombia (AUC), and to
take actions to protect human health and welfare in emer-
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gency circumstances, including undertaking rescue oper-
ations.
(b) The provision shall also apply to unexpired bal-
ances and assistance previously provided from prior years’
Acts available for purposes identified in subsection (a).
(c) The authority in this section is in addition to au-
thorities currently available to provide assistance to Co-
lombia.
SEC. 308. In addition to amounts appropriated or
otherwise made available elsewhere in this Act for the De-
partment of Defense or in the Department of Defense and
Emergency Supplemental Appropriations for Recovery
from the Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107–117), $93,000,000, to
remain available until September 30, 2004, is hereby ap-
propriated to the Department of Defense for the procure-
ment of three MH–47 Chinook helicopters, as follows:
‘‘Aircraft Procurement, Army’’, $63,000,000; and ‘‘Pro-
curement, Defense-Wide’’, $30,000,000: Provided, That
the entire amount made available in this section is des-
ignated by the Congress 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 entire amount shall be available
only to the extent that an official budget request for
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$93,000,000, that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
SEC. 309. In addition to amounts appropriated or
otherwise made available elsewhere in this Act for the De-
partment of Defense or in the Department of Defense and
Emergency Supplemental Appropriations for Recovery
from the Response to Terrorist Attacks on the United
States Act, 2002 (Public Law 107–117), $100,000,000,
to remain available until September 30, 2003, is hereby
appropriated to the Department of Defense under the
heading ‘‘Chemical Agents and Munitions Destruction,
Army’’ for Research, development, test and evaluation, for
the purpose of chemical agent destruction at Department
of Defense facilities in Aberdeen, Maryland, and Newport
Indiana: Provided, That the entire amount made available
in this section is designated by the Congress as an emer-
gency 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 entire
amount shall be available only to the extent that an official
budget request for $100,000,000, that includes designa-
tion of the entire amount as an emergency requirement
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as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress.
(RESCISSIONS)
SEC. 310. Of the funds available in Department of
Defense Appropriations Acts or otherwise available to the
Department of Defense, the following funds are hereby re-
scinded, from the following accounts in the specified
amounts:
‘‘Other Procurement, Air Force’’, 2001/2003,
$29,000,000; and ‘‘Procurement, Defense-Wide’’,
2002/2004, $30,000,000.
SEC. 311. Section 2533a of title 10, United States
Code, shall not apply to any transaction entered into to
acquire or sustain aircraft under the authority of section
8159 of the Department of Defense Appropriations Act,
2002 (division A of Public Law 107–117; 115 Stat. 2284).
SEC. 312. Notwithstanding any other provision of
law, not to exceed $100,000,000, from appropriations
available to the Department of Defense from the ‘‘Defense
Emergency Response Fund’’, may be made available only
to reimburse foreign nations for the costs of goods, serv-
ices, or use of facilities provided in direct support of oper-
ations by U.S. military forces in the global war on ter-
rorism: Provided, That such reimbursements shall be de-
termined and paid in accordance with standard accounting
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practices and procedures: Provided further, That the Sec-
retaries of Defense and State shall jointly provide a writ-
ten notification to the Committees on Appropriations of
the House of Representatives and the Senate 15 days
prior to any proposed commitment and obligation of funds
pursuant to this section, describing each proposed use of
funds and the proposed sources of funds: Provided further,
That funds proposed for obligation pursuant to the imme-
diately preceding proviso shall not be made available for
obligation without the prior approval of the Committees
on Appropriations.
This Act may be cited as the ‘‘2002 Supplemental
Appropriations Act for the Department of Defense’’.
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