H. R. 3338—5
Run, Pennsylvania, to support the Youth Development and Leader-
ship program and Department of Defense STARBASE program:
Provided further, That of the funds made available in this para-
graph, $1,000,000 shall be available only for continuation of the
Middle East Regional Security Issues program: Provided further,
That none of the funds appropriated or otherwise made available
by this Act may be used to plan or implement the consolidation
of a budget or appropriations liaison office of the Office of the
Secretary of Defense, the office of the Secretary of a military depart-
ment, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,771,246,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equip-
ment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,003,690,000.
OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; 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, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transpor-
tation; care of the dead; recruiting; procurement of services, sup-
plies, and equipment; and communications, $2,024,866,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, oper-
ation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
H. R. 3338—6
compliance with National Guard Bureau regulations when specifi-
cally authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $3,768,058,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National Guard,
including medical and hospital treatment and related expenses
in non-Federal hospitals; maintenance, operation, repair, and other
necessary expenses of facilities for the training and administration
of the Air National Guard, including repair of facilities, mainte-
nance, operation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, materials, and
equipment, as authorized by law for the Air National Guard; and
expenses incident to the maintenance and use of supplies, 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 Guard personnel on active Federal duty,
for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifi-
cally 
authorized 
by 
the 
Chief, 
National 
Guard 
Bureau,
$3,988,961,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contingency Oper-
ations by United States military forces, $50,000,000, to remain
available until expended: Provided, That the Secretary of Defense
may transfer these funds only to military personnel accounts; oper-
ation and maintenance accounts within this title; the Defense
Health Program appropriation; procurement accounts; research,
development, test and evaluation accounts; and to working capital
funds: Provided further, 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: Pro-
vided 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 in this paragraph is in addition to any other
transfer authority contained elsewhere in this Act.
UNITED STATES COURT 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 representation purposes.
H. R. 3338—7
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $389,800,000, to remain
available until transferred: Provided, That the Secretary 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 appropriation to other appropriations made avail-
able to the Department 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 transferred
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 remain avail-
able until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environ-
mental 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 appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation 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 such funds are required
for environmental restoration, reduction 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.
H. R. 3338—8
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $23,492,000, to remain avail-
able until transferred: Provided, That the Secretary of Defense
shall, upon determining that such funds are required for environ-
mental restoration, reduction and recycling 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 appro-
priations to which transferred: Provided further, That upon a deter-
mination that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided 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, $222,255,000, to remain
available until transferred: Provided, That the Secretary 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 Defense, transfer the funds made avail-
able by this appropriation to other appropriations made available
to the Department 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 transferred
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 Defense (consisting
of the programs provided under sections 401, 402, 404, 2547, and
2551 of title 10, United States Code), $49,700,000, to remain avail-
able until September 30, 2003.
SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only
for members of the Reserve Components 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.
H. R. 3338—9
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; 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 construction prosecuted thereon prior to approval of title; and
procurement 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, $1,984,391,000, to
remain available for obligation until September 30, 2004.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; special-
ized equipment and training devices; 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 construction prosecuted thereon prior to approval of title; and
procurement 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, $1,079,330,000, to
remain available for obligation until September 30, 2004.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ord-
nance, 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 interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement 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, $2,193,746,000, to
remain available for obligation until September 30, 2004.
PROCUREMENT OF AMMUNITION, ARMY
For construction, procurement, production, and modification
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,
H. R. 3338—11
PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
For construction, procurement, production, and modification
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 construction prosecuted thereon prior to approval of title; and
procurement 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, $461,399,000, to
remain available for obligation until September 30, 2004.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and 
Government 
and 
contractor-owned 
equipment 
layaway;
procurement of critical, long leadtime components and designs for
vessels to be constructed 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
construction prosecuted thereon prior to approval of title, as follows:
Carrier Replacement Program (AP), $138,890,000;
SSGN (AP), $365,440,000;
NSSN, $1,578,914,000;
NSSN (AP), $684,288,000;
CVN Refuelings, $1,148,124,000;
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;
DDG–51 (AP), $125,000,000;
Cruiser conversion (AP), $75,000,000;
LPD–17 (AP), $155,000,000;
T-AKE, $370,818,000;
LHD–8, $267,238,000;
LCAC landing craft air cushion program, $46,091,000;
Prior year shipbuilding costs, $729,248,000;
Mine Hunter SWATH, $1,000,000;
Yard Oilers, $3,000,000; and
For craft, outfitting, post delivery, conversions, and first
destination transformation transportation, $302,230,000;
In all: $9,490,039,000, to remain available for obligation until Sep-
tember 30, 2006: Provided, That additional obligations may be
incurred after September 30, 2006, for engineering services, tests,
evaluations, and other such budgeted work that must be performed
in the final stage of ship construction: 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
construction of major components of such vessel: Provided further,
That none of the funds provided under this heading shall be used
for the construction of any naval vessel in foreign shipyards.
H. R. 3338—12
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 replacement only, and the purchase of five vehicles
required for physical security of personnel, notwithstanding price
limitations 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, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-owned equip-
ment layaway, $4,270,976,000, to remain available for obligation
until September 30, 2004.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of not to exceed 25 passenger motor vehicles for replacement only;
and expansion of public and private plants, including land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title,
$995,442,000, to remain available for obligation until September
30, 2004.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, lease, and modification of air-
craft and equipment, including armor and armament, specialized
ground handling equipment, and training devices, spare parts, and
accessories therefor; specialized equipment; expansion of public and
private plants, Government-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 contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of things,
$10,567,038,000, to remain available for obligation until September
30, 2004.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts
and accessories therefor, ground handling equipment, and training
devices; expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of struc-
tures, and acquisition of land, for the foregoing purposes, and
H. R. 3338—13
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 including rents and
transportation of things, $2,989,524,000, to remain available for
obligation until September 30, 2004.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
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 construction prosecuted thereon prior to approval of title; and
procurement 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, $866,644,000, to
remain available for obligation until September 30, 2004.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground elec-
tronic 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 pas-
senger vehicles but not to exceed $200,000 per vehicle; lease of
passenger motor vehicles; and expansion of public and private
plants, Government-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 contractor-owned equip-
ment layaway, $8,085,863,000, to remain available for obligation
until September 30, 2004.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of not to exceed 65 passenger motor vehicles for
replacement only; the purchase of 4 vehicles required for physical
security of personnel, notwithstanding price limitations applicable
to passenger vehicles but not to exceed $250,000 per vehicle; expan-
sion 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 Government and contractor-
owned equipment layaway, $2,389,490,000, to remain available for
obligation until September 30, 2004: Provided, That funds provided
H. R. 3338—14
under this heading for Patriot Advanced Capability 3 (PAC–3)
missiles may be used for procurement of critical parts for PAC–
3 missiles to support production of such missiles in future fiscal
years.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sec-
tions 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $40,000,000
to remain available until expended, of which, $2,000,000 may be
used for a Processible Rigid-Rod Polymeric Material Supplier Initia-
tive under title III of the Defense Production Act of 1950 (50
U.S.C. App. 2091 et seq.) to develop affordable production methods
and a domestic supplier for military and commercial processible
rigid-rod materials.
NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $699,130,000, to remain available
for obligation until September 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 compo-
nent: Provided further, That of the funds appropriated under this
heading, $148,430,000 shall be available only for the procurement
of C–130J aircraft to be used solely for western states firefighting.
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 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,106,074,000, to remain available for obligation until September
30, 2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$11,498,506,000, to remain available for obligation until September
30, 2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, 
test 
and 
evaluation, 
including 
maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$14,669,931,000, to remain available for obligation until September
30, 2003.
H. R. 3338—15
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$15,415,275,000, to remain available for obligation until September
30, 2003: Provided, That for funds provided under this heading
for ballistic missile defense programs, 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 for those programs under that section).
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evalua-
tion in the direction and supervision of operational test and evalua-
tion, including initial operational test and evaluation which is con-
ducted prior to, and in support of, production decisions; joint oper-
ational testing and evaluation; and administrative expenses in
connection therewith, $231,855,000, to remain available for obliga-
tion until September 30, 2003.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,312,986,000: Pro-
vided, 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 Reserve Fleet,
as established by section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. App. 1744), and for the necessary expenses to
maintain and preserve a U.S.-flag merchant fleet to serve the
national security needs of the United States, $432,408,000, to
remain available until expended: Provided, 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 ship-
board services; propulsion system components (that is; engines,
reduction gears, and propellers); shipboard cranes; and spreaders
for shipboard cranes: Provided further, That the exercise of an
option in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award of
a new contract: Provided further, That the Secretary of the military
H. R. 3338—16
department responsible for such procurement may waive the restric-
tions 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 requirements on a
timely basis and that such an acquisition must be made in order
to acquire capability for national security purposes: Provided fur-
ther, That, notwithstanding any other provision of law, $25,000,000
of the funds available under this heading shall be available only
to finance the cost of constructing additional sealift capacity.
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, $18,391,194,000, of which $17,659,475,000 shall be for Oper-
ation and maintenance, of which not to exceed 2 percent shall
remain available until September 30, 2003; of which $267,915,000,
to remain available for obligation until September 30, 2004, shall
be for Procurement; of which $463,804,000, to remain available
for obligation until September 30, 2003, shall be for Research,
development, test and evaluation, and of which $14,000,000 shall
be available for HIV prevention educational activities undertaken
in connection with U.S. military training, exercises, and humani-
tarian assistance activities conducted in African nations.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $1,105,557,000,
of which $739,020,000 shall be for Operation and maintenance
to remain available until September 30, 2003, $164,158,000 shall
be for Procurement to remain available until September 30, 2004,
and $202,379,000 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 Depart-
ment of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve compo-
nents serving under the provisions of title 10 and title 32, United
States Code; for Operation and maintenance; for Procurement; and
for Research, development, test and evaluation, $842,581,000: Pro-
vided, 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,
H. R. 3338—17
That the transfer authority provided under this heading is in addi-
tion to any other transfer authority contained elsewhere in this
Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspector Gen-
eral 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.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM FUND
For payment to the Central Intelligence Agency Retirement
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
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community Manage-
ment Account, $160,429,000, 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, $42,752,000 shall be transferred to the Department
of Justice for the National Drug Intelligence Center to support
the Department of Defense’s counter-drug intelligence responsibil-
ities, and of the said amount, $1,500,000 for Procurement shall
remain available until September 30, 2004, and $1,000,000 for
Research, development, test and evaluation shall remain available
until September 30, 2003: Provided further, That the National
Drug Intelligence Center shall maintain the personnel and technical
resources to provide timely support to law enforcement authorities
to conduct document exploitation of materials collected in Federal,
State, and local law enforcement activity.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND
ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law,
$67,500,000, to remain available until expended.
H. R. 3338—18
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 Education
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 purposes not author-
ized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect 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 computed 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 employees,
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 national employees of the Department of Defense
in the Republic 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 appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $2,000,000,000 of working capital funds of the Depart-
ment of Defense or funds made available in this Act to the Depart-
ment of Defense for military functions (except military construction)
between 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 appropriation or fund to
which transferred: Provided, That such authority to transfer may
not be used unless for higher priority 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 denied by the Congress: Provided further, That the Sec-
retary of Defense shall notify the Congress promptly of all transfers
H. R. 3338—19
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 unforeseen military requirements, than
those for which originally appropriated and in no case where the
item for which reprogramming 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 May 1, 2002.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense 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 between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation 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 Secretary of Defense
has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated 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, unless the Secretary of Defense has notified the Congress
prior to any such obligation.
SEC. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.
SEC. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs 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 liability: Provided further, That no part of
any appropriation contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or component
thereof if the value of the multiyear contract would exceed
$500,000,000 unless specifically provided in this Act: Provided fur-
ther, That no multiyear procurement contract can be terminated
without 10-day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis to deter-
mine lowest cost compared to an annual procurement.
H. R. 3338—20
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
UH–60/CH–60 aircraft;
C–17; and
F/A–18E and F engine.
SEC. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appro-
priated 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 assistance 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 reported to the Congress as of September 30 of each
year: Provided, That funds available for operation and maintenance
shall be available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the Pacific
Islands and freely associated states of Micronesia, pursuant to
the Compact of Free Association as authorized by Public Law 99–
239: Provided further, That upon a determination by the Secretary
of the Army that such action is beneficial for graduate medical
education programs conducted at Army medical facilities located
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 Commonwealth 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 managed 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 Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2003 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2003.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8011. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the 50 United States,
its territories, and the District of Columbia, 125,000 civilian
workyears: Provided, That workyears shall be applied as defined
in the Federal Personnel Manual: Provided further, That workyears
expended in dependent 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 influence congressional
action on any legislation or appropriation 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
H. R. 3338—21
paid by the Secretary of Veterans Affairs 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:
Provided further, That this subsection applies only to active compo-
nents of the Army.
SEC. 8014. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity or
function of the Department of Defense that, on or after the date
of the enactment of this Act, is performed by more than 10 Depart-
ment of Defense civilian employees until a most efficient and cost-
effective organization analysis is completed on such activity or
function and certification of the analysis is made to the Committees
on Appropriations 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
accordance with that Act; or (3) is planned to be converted to
performance by a qualified firm under 51 percent ownership by
an Indian tribe, as defined in section 450b(e) of title 25, United
States Code, or a Native Hawaiian organization, as defined in
section 637(a)(15) of title 15, United States Code.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be trans-
ferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Protege Program develop-
mental assistance agreement pursuant to section 831 of the
National Defense Authorization 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 available
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 compo-
nents of anchor and mooring chain shall be considered to be pro-
duced or manufactured in the United States if the aggregate cost
of the components produced or manufactured in the United States
exceeds the aggregate cost of the components produced or manufac-
tured outside the United States: Provided further, That when ade-
quate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
H. R. 3338—22
responsible for the procurement may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order
to acquire capability for national 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 provider 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 disabil-
ities under subsection (d) of section 1079 of title 10, United States
Code, provided as partial hospital care, or provided pursuant to
a waiver authorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are confirmed
by a health professional who is not a Federal employee after a
review, pursuant to rules prescribed by the Secretary, which takes
into account the appropriate level of care for the patient, the inten-
sity 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 installa-
tions 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 utilized
only for the construction of facilities to support United States mili-
tary forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through mone-
tary transfers to such host nations: Provided further, That the
Department of Defense’s budget submission for fiscal year 2003
shall identify such sums anticipated in residual value settlements,
and identify such construction, real property maintenance or base
operating costs that shall be funded by the host nation through
such credits: Provided further, That all military construction
projects to be executed from such accounts must be previously
approved in a prior Act of Congress: Provided further, That each
such executive agreement with a NATO member host nation shall
be reported to the congressional defense committees, the Committee
on International Relations 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 Department
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.
H. R. 3338—23
SEC. 8021. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional 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 Financing Act of 1974
(25 U.S.C. 1544): Provided, That a subcontractor at any tier shall
be considered a contractor for the purposes of being allowed addi-
tional compensation under section 504 of the Indian Financing
Act of 1974 (25 U.S.C. 1544).
SEC. 8023. During the current fiscal year and hereafter, 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 indi-
vidual 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 described in section 101 of
title 32, United States Code;
(2) performs, for the purpose of providing military aid
to enforce the law or providing assistance to civil authorities
in the protection or saving of life or property or prevention
of injury—
(A) Federal service under sections 331, 332, 333, or
12406 of title 10, United States Code, or other provision
of law, as applicable; or
(B) full-time military service for his or her State, the
District of Columbia, the Commonwealth of Puerto Rico,
or a territory of the United States; and
(3) requests and is granted—
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard
to the provisions of sections 5519 and 6323(b) of title 5,
United States Code, if such employee is otherwise entitled
to such annual leave:
Provided, That any employee who requests leave under subsection
(3)(A) for service described in subsection (2) of this section is entitled
to such leave, subject to the provisions of this section and of the
last sentence of section 6323(b) of title 5, United States Code,
and such leave shall be considered leave under section 6323(b)
of title 5, United States Code.
SEC. 8024. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the provisions
of OMB Circular A–76 if the study being performed exceeds a
period of 24 months after initiation of such study with respect
to a single function activity or 48 months after initiation of such
study for a multi-function 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 activities.
H. R. 3338—24
SEC. 8026. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized
for the Secretary of Veterans Affairs by section 7455 of title 38,
United States Code.
SEC. 8027. Of the funds made available in this Act, not less
than $55,000,000 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 $14,300,000
shall be available 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 aircraft, 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 supplies
or services appropriated by this Act, qualified nonprofit agencies
for the blind or other severely handicapped shall be afforded the
maximum practicable opportunity to participate as subcontractors
and suppliers in the performance 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 subcon-
tracting plan for the participation by small business concerns pursu-
ant to section 8(d) of the Small Business Act (15 U.S.C. 637(d))
shall be given credit toward 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 ‘‘qualified non-
profit agency for the blind or other severely handicapped’’ means
a nonprofit agency for the blind or other severely handicapped
that has been approved by the Committee for the Purchase from
the Blind and Other Severely Handicapped under the Javits-
Wagner-O’Day Act (41 U.S.C. 46–48).
SEC. 8029. During the current fiscal year, net receipts pursuant
to collections from third party payers pursuant to section 1095
of title 10, United States Code, shall be made available to the
local facility of the uniformed services responsible for the collections
and shall be over and above the facility’s direct budget amount.
SEC. 8030. During the current fiscal year, the Department
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 Kuwait, under that section: Provided,
That upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8031. Of the funds made available in this Act, not less
than $23,003,000 shall be available for the Civil Air Patrol Corpora-
tion, of which $21,503,000 shall be available for Civil Air Patrol
Corporation operation and maintenance to support readiness activi-
ties 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 exclusive use
of the Civil Air Patrol Corporation and not for the Air Force or
any unit thereof.
H. R. 3338—25
SEC. 8032. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (depart-
ment) 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 mem-
bership corporation consisting of a consortium of other FFRDCs
and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, 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: Provided, That a member of any such entity
referred to previously 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 membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during fiscal
year 2002 may be used by a defense FFRDC, through a fee or
other payment mechanism, for construction of new buildings, for
payment of cost sharing for projects funded by Government grants,
for absorption of contract overruns, or for certain charitable con-
tributions, not to include 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 subsection, 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 during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $40,000,000.
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 facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representa-
tives and the Senate that adequate domestic supplies are not avail-
able 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.
H. R. 3338—26
SEC. 8034. 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 Subcommittee on Defense of the Committee on Appro-
priations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8035. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competi-
tion between Department of Defense depot maintenance activities
and private firms: Provided, That the Senior Acquisition Executive
of the military department or defense agency concerned, with power
of delegation, 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 consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in para-
graph (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 understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2002. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement 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 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.).
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 fiscal 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
H. R. 3338—27
appropriated and shall be available until transferred by the Sec-
retary of Defense to current applicable appropriations or funds
of the Department of Defense 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
transferred.
SEC. 8039. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify clearly
and separately the amounts requested in the budget for appropria-
tion for that fiscal year for salaries and expenses related to adminis-
trative activities of the Department of Defense, the military depart-
ments, and the defense agencies.
SEC. 8040. Notwithstanding any other provision of law, funds
available for ‘‘Drug Interdiction and Counter-Drug Activities,
Defense’’ may be obligated for the Young Marines program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8041. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8042. (a) IN GENERAL.—Notwithstanding any other provi-
sion 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 Min-
nesota relocatable military 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 Indian 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 conflicts among requests
of Indian tribes for housing units under subsection (a) before
submitting requests to the Secretary of the Air Force under sub-
section (b).
(d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian
tribe’’ means any recognized Indian tribe included on the current
list published by the Secretary of the Interior under section 104
of the Federally Recognized Indian Tribe Act of 1994 (Public Law
103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).
SEC. 8043. During the current fiscal year, appropriations 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: Provided, That the
$100,000 limitation shall not apply to amounts appropriated in
this Act under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ for expenses related to certain classified activities.
SEC. 8044. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
H. R. 3338—28
Working Capital Funds shall be used for the purchase of an invest-
ment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subse-
quent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been charge-
able to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment 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 Department
of Defense as well as all justification material and other documenta-
tion supporting the fiscal year 2003 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budg-
eted 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 remain available
for obligation beyond the current fiscal year, except for funds appro-
priated for the Reserve for Contingencies, which shall remain avail-
able until September 30, 2003: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for agent operations and for 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. 8046. Notwithstanding any other provision of law, funds
made available in this Act for the Defense Intelligence Agency
may be used for the design, development, and deployment of Gen-
eral Defense Intelligence Program intelligence communications and
intelligence information systems for the Services, the Unified and
Specified Commands, and the component commands.
SEC. 8047. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, 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 information, documenting of environmental dam-
age, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8048. Amounts collected for the use of the facilities 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 account 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 pro-
vided for in subsection 1459(g)(2).
H. R. 3338—29
(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 direction of the Assistant Sec-
retary of Defense for Reserve Affairs, these funds shall be trans-
ferred to the Reserve component personnel accounts in title I of
this Act: Provided further, 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 America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from con-
tracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Con-
gress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-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 serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment 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 advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements
of equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense, who
has been confirmed by the Senate, determines that the award
of such contract is in the interest of the national defense.
SEC. 8052. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
H. R. 3338—30
(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 remains at the location of that head-
quarters.
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
SEC. 8053. 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, indus-
trial or other purposes: Provided, 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. 8054. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
‘‘Former Soviet Union Threat Reduction, 2000/2002’’,
$32,000,000;
‘‘Other Procurement, Navy, 2000/2002’’, $15,300,000;
‘‘Aircraft Procurement, Air Force, 2000/2002’’, $8,500,000;
‘‘Other Procurement, Air Force, 2000/2002’’, $20,000,000;
‘‘Aircraft Procurement, Army, 2001/2003’’, $16,000,000;
‘‘Procurement 
of 
Ammunition, 
Army, 
2001/2003’’,
$27,400,000;
‘‘Other Procurement, Army, 2001/2003’’, $28,745,000;
‘‘Aircraft Procurement, Navy, 2001/2003’’, $8,600,000;
‘‘Weapons Procurement, Navy, 2001/2003’’, $20,000,000;
‘‘Other Procurement, Navy, 2001/2003’’, $7,600,000;
‘‘Procurement, Marine Corps, 2001/2003’’, $1,000,000;
‘‘Aircraft Procurement, Air Force, 2001/2003’’, $63,283,000;
‘‘Missile Procurement, Air Force, 2001/2003’’, $58,450,000;
‘‘Procurement of Ammunition, Air Force, 2001/2003’’,
$5,800,000;
‘‘Other Procurement, Air Force, 2001/2003’’, $10,200,000;
‘‘Procurement, Defense-Wide, 2001/2003’’, $113,434,000;
‘‘Research, Development, Test and Evaluation, Army, 2001/
2002’’, $6,300,000;
‘‘Research, Development, Test and Evaluation, Navy, 2001/
2002’’, $18,800,000;
‘‘Research, Development, Test and Evaluation, Air Force,
2001/2002’’, $69,283,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 2001/2002’’, $780,000.
SEC. 8055. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army
H. R. 3338—31
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8056. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8057. During the current fiscal year, funds appropriated
in this Act are available to compensate members of the National
Guard for duty performed pursuant to a plan submitted by a Gov-
ernor 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. 8058. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant 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 counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program (JMIP),
and the Tactical Intelligence and Related Activities (TIARA) aggre-
gate: Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
SEC. 8059. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2001 level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8060. (a) LIMITATION ON PENTAGON RENOVATION COSTS.—
Not later than the date each year on which the President submits
to Congress the budget under section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to Congress
a certification that the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of wedges
2 through 5 of the Pentagon Reservation, cumulatively, will not
exceed four times the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of wedge
1.
(b) ANNUAL ADJUSTMENT.—For purposes of applying the limita-
tion in subsection (a), the Secretary shall adjust the cost for the
renovation of wedge 1 by any increase or decrease in costs attrib-
utable to economic inflation, based on the most recent economic
assumptions issued by the Office of Management and Budget for
H. R. 3338—32
use in preparation of the budget of the United States under section
1104 of title 31, United States Code.
(c) EXCLUSION OF CERTAIN COSTS.—For purposes of calculating
the limitation in subsection (a), the total cost for wedges 2 through
5 shall not include—
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on Sep-
tember 11, 2001;
(2) any increase in costs for wedges 2 through 5 attributable
to compliance with new requirements of Federal, State, or
local laws; and
(3) any increase in costs attributable to additional security
requirements that the Secretary of Defense considers essential
to provide a safe and secure working environment.
(d) CERTIFICATION COST REPORTS.—As part of the annual cer-
tification under subsection (a), the Secretary shall report the pro-
jected cost (as of the time of the certification) for—
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that occurred
on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—The require-
ment to make an annual certification under subsection (a) shall
apply until the Secretary certifies to Congress that the renovation
of the Pentagon Reservation is completed.
SEC. 8061. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act, for environ-
mental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
SEC. 8062. Of the funds made available under the heading
‘‘Operation and Maintenance, Air Force’’, $10,200,000 shall be avail-
able to realign railroad track on Elmendorf Air Force Base and
Fort Richardson.
SEC. 8063. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction 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 Intelligence
Agency for any fiscal year for drug interdiction and counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropria-
tions law.
(TRANSFER OF FUNDS)
SEC. 8064. Appropriations available in this Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’ for increasing
energy and water efficiency in Federal buildings may, during their
period of availability, be transferred to other appropriations or
funds of the Department of Defense for projects related to increasing
energy and water efficiency, to be merged with and to be available
for the same general purposes, and for the same time period,
as the appropriation or fund to which transferred.
H. R. 3338—33
SEC. 8065. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions 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 pur-
poses: Provided further, That this restriction 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. 8066. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available
to provide transportation of medical supplies and equipment, on
a nonreimbursable basis, to American Samoa, and funds available
to the Department of Defense shall be made available to provide
transportation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it is in
conjunction with a civil-military project.
SEC. 8067. 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 certifies 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. 8068. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appro-
priated in this or any other Act.
SEC. 8069. 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
purpose of performing that portion of the contract in such State
that is not contiguous with another State, individuals who are
residents of such State and who, in the case of any craft or trade,
possess or would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the require-
ments of this section, on a case-by-case basis, in the interest of
national security.
SEC. 8070. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of the Department of Defense who approves or implements the
transfer of administrative responsibilities or budgetary resources
of any program, project, or activity financed by this Act to the
jurisdiction of another Federal agency not financed by this Act
without the express authorization of Congress: Provided, That this
limitation shall not apply to transfers of funds expressly provided
H. R. 3338—34
for in Defense Appropriations Acts, or provisions of Acts providing
supplemental appropriations for the Department of Defense.
SEC. 8071. 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 assistance, by grant or
otherwise, to public school systems that have unusually high con-
centrations of special needs military 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 the Department of Defense 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 dependents 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 otherwise, it may accept and expend non-Federal funds
in combination 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 reimburs-
able basis.
SEC. 8072. (a) LIMITATION ON TRANSFER OF DEFENSE 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
described in subsection (b) unless the congressional defense commit-
tees, the Committee on International Relations of the House of
Representatives, and the Committee on Foreign 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-enforcement
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-enforce-
ment, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies,
or services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies—
(A) a statement of whether the inventory requirements
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 proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
H. R. 3338—35
SEC. 8073. 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 exposure fees charged and collected by the Sec-
retary for each guarantee shall be paid by the country involved
and shall not be financed as part of a loan guaranteed by the
United States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations, Armed Serv-
ices, 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 administra-
tive fees and deposited to the special account provided for under
section 2540c(d) of title 10, shall be available for paying the costs
of administrative expenses of the Department of Defense that are
attributable to the loan guarantee program under subchapter VI
of chapter 148 of title 10, United States Code.
SEC. 8074. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department 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 excess of
the normal salary paid by the contractor to the employee;
and
(2) such bonus is part of restructuring costs associated
with a business combination.
SEC. 8075. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or provide
for the transportation of chemical munitions or agents to the John-
ston Atoll for the purpose of storing or demilitarizing such muni-
tions 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 subsection
(a) during a period of war in which the United States is a party.
SEC. 8076. 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 operation of adjacent off-base
water, drainage, and flood control systems critical to base oper-
ations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8077. 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 connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
H. R. 3338—36
SEC. 8078. 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 ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior year, and the 1 percent limitation shall apply to
the total amount of the appropriation.
SEC. 8079. 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 expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended bal-
ance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired 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 availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 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 recorded against the expired account: Provided
further, That the total amount charged to a current appropria-
tion under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8080. Funds appropriated in title II of this Act and for
the Defense Health Program in title VI of this Act for supervision
and administration costs for facilities maintenance and repair,
minor construction, or design projects may be obligated at the
time the reimbursable order is accepted by the performing activity:
Provided, That for the purpose of this section, supervision and
administration costs includes all in-house Government cost.
SEC. 8081. During the current fiscal year, the Secretary of
Defense may waive reimbursement of the cost of conferences, semi-
nars, courses of instruction, or similar educational activities of
the Asia-Pacific Center for Security Studies for military officers
and civilian officials of foreign nations if the Secretary determines
that attendance by such personnel, without reimbursement, is in
the national 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. 8082. (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 Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
H. R. 3338—37
(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 associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8083. 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 Military Community in the Federal Republic
of Germany: Provided, 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 consideration of United States
coal as an energy source.
SEC. 8084. 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. 8085. 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 require-
ments: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction 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. 8086. 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 otherwise, to the Council
of Athabascan Tribal Governments, to provide assistance for health
care, monitoring and related issues associated with research con-
ducted from 1955 to 1957 by the former Arctic Aeromedical Labora-
tory.
SEC. 8087. In addition to the amounts appropriated or otherwise
made available in this Act, $3,500,000, to remain available until
September 30, 2002, is hereby appropriated to the Department
of Defense: Provided, That the Secretary of Defense shall make
a grant in the amount of $3,500,000 to the American Red Cross
for Armed Forces Emergency Services.
SEC. 8088. 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. 8089. (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
H. R. 3338—38
the foreign country, or would invalidate reciprocal trade agreements
for the procurement 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 produced
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 entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, 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. 8090. Funds made available to the Civil Air Patrol in
this Act under the heading ‘‘Drug Interdiction and Counter-Drug
Activities, Defense’’ may be used for the Civil Air Patrol Corpora-
tion’s counterdrug program, including its demand reduction pro-
gram involving youth programs, as well as operational and training
drug reconnaissance missions for Federal, State, and local govern-
ment agencies; and for equipment needed for mission support or
performance: 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. 8091. Section 8125 of the Department of Defense Appro-
priations Act, 2001 (Public Law 106–259), is hereby repealed.
SEC. 8092. Of the funds appropriated in this Act under the
heading ‘‘Research, Development, Test and Evaluation, Navy’’, up
to $2,600,000 may be made available for a Maritime Fire Training
Center at Barbers Point, including provision for laboratories,
construction, and other efforts associated with research, develop-
ment, and other programs of major importance to the Department
of Defense.
SEC. 8093. (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 information from the Department
of State that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been taken.
(b) MONITORING.—The Secretary of Defense, in consultation
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 consultation with
the Secretary of State, may waive the prohibition in subsection
(a) if he determines that such waiver is required 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
H. R. 3338—39
a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the
training program, the United States forces and the foreign security
forces involved in the training program, and the information
relating to human rights violations that necessitates the waiver.
SEC. 8094. 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 federally-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. 8095. The total amount appropriated in this Act is hereby
reduced by $240,000,000 to reflect savings from favorable foreign
currency fluctuations, to be derived as follows:
‘‘Military Personnel, Army’’, $39,400,000;
‘‘Military Personnel, Navy’’, $800,000;
‘‘Military Personnel, Marine Corps’’, $9,900,000;
‘‘Military Personnel, Air Force’’, $19,500,000;
‘‘Operation and Maintenance, Army’’, $87,600,000;
‘‘Operation and Maintenance, Navy’’, $18,300,000;
‘‘Operation and Maintenance, Marine Corps’’, $1,300,000;
‘‘Operation and Maintenance, Air Force’’, $33,800,000; and
‘‘Operation and Maintenance, Defense-Wide’’, $29,400,000.
SEC. 8096. 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 propul-
sion diesel engines and propulsors are manufactured in the United
States by a domestically operated entity: Provided, That the Sec-
retary 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 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. 8097. The budget of the President for fiscal year 2003
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, and each annual budget request thereafter,
shall include separate budget justification documents for costs of
United States Armed Forces’ participation in contingency operations
for the Military Personnel accounts, the Overseas Contingency
Operations Transfer Fund, the Operation and Maintenance
accounts, and the Procurement accounts: Provided, That these
budget justification documents shall include a description of the
funding requested for each anticipated contingency operation, for
each military service, to include active duty and Guard and Reserve
components, and for each appropriation account: Provided further,
That these documents shall include estimated costs for each element
of expense or object class, a reconciliation of increases and decreases
for ongoing contingency operations, and programmatic data
including, but not limited to troop strength for each active duty
and Guard and Reserve component, and estimates of the major
weapons systems deployed in support of each contingency: Provided
further, That these documents shall include budget exhibits OP–
5 and OP–32, as defined in the Department of Defense Financial
H. R. 3338—40
Management Regulation, for the Overseas Contingency Operations
Transfer Fund for fiscal years 2001 and 2002.
SEC. 8098. 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 Defense shall be assigned to legislative affairs
or legislative liaison functions: Provided further, That of the 250
personnel assigned to legislative liaison or legislative affairs func-
tions, 20 percent shall be assigned to the Office of the Secretary
of Defense and the Office of the Chairman of the Joint Chiefs
of Staff, 20 percent shall be assigned to the Department of the
Army, 20 percent shall be assigned to the Department of the Navy,
20 percent shall be assigned to the Department of the Air Force,
and 20 percent shall be assigned to the combatant commands:
Provided further, That of the personnel assigned to legislative liai-
son and legislative affairs functions, no fewer than 20 percent
shall be assigned to the Under Secretary of Defense (Comptroller),
the Assistant Secretary of the Army (Financial Management and
Comptroller), the Assistant Secretary of the Navy (Financial
Management and Comptroller), and the Assistant Secretary of the
Air Force (Financial Management and Comptroller).
SEC. 8099. None of the funds appropriated or otherwise 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, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8100. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any advanced concept tech-
nology demonstration project may only be obligated 30 days after
a report, including a description of the project and its estimated
annual and total cost, has been provided in writing to the congres-
sional defense committees: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
SEC. 8101. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense policies gov-
erning the provision of care provided by and financed under the
military health care system’s case management program under
10 U.S.C. 1079(a)(17), the term ‘‘custodial care’’ shall be defined
as care designed essentially to assist an individual in meeting
the activities of daily living and which does not require the super-
vision of trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management program
shall provide that members and retired members of the military
services, and their dependents and survivors, have access to all
medically necessary health care through the health care delivery
system of the military services regardless of the health care status
of the person seeking the health care: Provided further, That the
case management program shall be the primary obligor for payment
of medically necessary services and shall not be considered as
secondarily liable to title XIX of the Social Security Act, other
welfare programs or charity based care.
H. R. 3338—41
SEC. 8102. Notwithstanding any other provision in this Act,
the total amount appropriated in this Act is hereby reduced by
$262,000,000, to reduce cost growth in travel, to be distributed
as follows:
‘‘Operation and Maintenance, Army’’, $21,000,000;
‘‘Operation and Maintenance, Navy’’, $14,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $4,000,000;
‘‘Operation and Maintenance, Air Force’’, $180,000,000;
‘‘Operation and Maintenance, Defense-wide’’, $20,000,000;
‘‘Operation and Maintenance, Army Reserve’’, $4,000,000;
‘‘Operation and Maintenance, Navy Reserve’’, $2,000,000;
‘‘Operation 
and 
Maintenance, 
Air 
Force 
Reserve’’,
$5,000,000;
‘‘Operation and Maintenance, Army National Guard’’,
$6,000,000; and
‘‘Operation 
and 
Maintenance, 
Air 
National 
Guard’’,
$6,000,000.
SEC. 8103. During the current fiscal year, refunds attributable
to the use of the Government travel card, refunds attributable
to the use of the Government Purchase Card and refunds attrib-
utable to official Government travel arranged by Government Con-
tracted Travel Management Centers may be credited to operation
and maintenance accounts of the Department of Defense which
are current when the refunds are received.
SEC. 8104. (a) REGISTERING FINANCIAL MANAGEMENT INFORMA-
TION
TECHNOLOGY
SYSTEMS
WITH
DOD CHIEF
INFORMATION
OFFICER.—None of the funds appropriated in this Act may be used
for a mission critical or mission essential financial management
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 Secretary of Defense may prescribe.
A financial management information technology system shall be
considered a mission critical or mission essential information tech-
nology system as defined by the Under Secretary of Defense (Comp-
troller).
(b) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
FINANCIAL
MANAGEMENT MODERNIZATION PLAN.—(1) During the current fiscal
year, a financial management 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 Under Secretary of Defense (Comptroller) cer-
tifies, with respect to that milestone, that the system is being
developed in accordance with the Department’s Financial Manage-
ment Modernization Plan. The Under Secretary of Defense (Comp-
troller) may require additional certifications, as appropriate, with
respect to any such system.
(2) The Chief Information Officer shall provide the congres-
sional defense committees timely notification of certifications under
paragraph (1).
(c) DEFINITIONS.—For purposes of this section:
(1) The term ‘‘Chief Information Officer’’ means the senior
official of the Department of Defense designated by the Sec-
retary of Defense pursuant to section 3506 of title 44, United
States Code.
H. R. 3338—42
(2) The term ‘‘information technology system’’ has the
meaning given the term ‘‘information technology’’ in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ‘‘major automated information system’’ has
the meaning given that term in Department of Defense Direc-
tive 5000.1.
SEC. 8105. 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 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. 8106. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary-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 demili-
tarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
SEC. 8107. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration 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. 8108. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which the military
installation is located in more than one State, purchases may be
made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt bev-
erages and wine shall apply to all alcoholic beverages only for
military installations in States which are not contiguous with
H. R. 3338—43
another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8109. During the current fiscal year, under regulations
prescribed by the Secretary of Defense, the Center of Excellence
for Disaster Management and Humanitarian Assistance may also
pay, or authorize payment for, the expenses of providing or facili-
tating education and training for appropriate military and civilian
personnel of foreign countries in disaster management, peace oper-
ations, and humanitarian assistance.
SEC. 8110. (a) The Department of Defense is authorized to
enter into agreements with the Veterans Administration and feder-
ally-funded health agencies providing services to Native Hawaiians
for the purpose of establishing a partnership similar to the Alaska
Federal Health Care Partnership, in order to maximize Federal
resources in the provision of health care services by federally-
funded health agencies, 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 con-
sultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring
maximum Native Hawaiian participation in the direction and
administration of governmental services so as to render those serv-
ices more responsive to the needs of the Native Hawaiian commu-
nity.
(c) For purposes of this section, the term ‘‘Native Hawaiian’’
means any individual who is a descendant of the aboriginal people
who, prior to 1778, occupied and exercised sovereignty in the area
that now comprises the State of Hawaii.
SEC. 8111. In addition to the amounts provided elsewhere in
this Act, the amount of $8,500,000 is hereby appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, to be available, notwith-
standing any other provision of law, only for a grant to the United
Service Organizations Incorporated, a federally chartered corpora-
tion under chapter 2201 of title 36, United States Code. The grant
provided under authority of this section is in addition to any grant
provided for under any other provision of law.
SEC. 8112. Of the amounts appropriated in this Act under
the heading ‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $131,700,000 shall be made available for the Arrow missile
defense program: Provided, That of this amount, $97,700,000 shall
be made available for the purpose of continuing the Arrow System
Improvement Program (ASIP), continuing ballistic missile defense
interoperability with Israel, and establishing an Arrow production
capability in the United States: Provided further, That the
remainder, $34,000,000, shall be available for the purpose of
adjusting the cost-share of the parties under the Agreement between
the Department of Defense and the Ministry of Defense of Israel
for the Arrow Deployability Program.
SEC. 8113. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year may
be used to fund civil requirements associated with the satellite
and ground control segments of such system’s modernization pro-
gram.
H. R. 3338—44
(INCLUDING TRANSFER OF FUNDS)
SEC. 8114. 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. 8115. None of the funds appropriated in this Act under
the heading ‘‘Overseas Contingency Operations Transfer Fund’’ may
be transferred or obligated for Department of Defense expenses
not directly related to the conduct of overseas contingencies: Pro-
vided, That the Secretary of Defense shall submit a report no
later than 30 days after the end of each fiscal quarter to the
Committees on Appropriations of the Senate and House of Rep-
resentatives that details any transfer of funds from the ‘‘Overseas
Contingency Operations Transfer Fund’’: Provided further, That
the report shall explain any transfer for the maintenance of real
property, pay of civilian personnel, base operations support, and
weapon, vehicle or equipment maintenance.
SEC. 8116. In addition to amounts appropriated elsewhere in
this Act, $4,500,000 is hereby appropriated to the Department
of Defense: Provided, That the Secretary of the Army shall make
a grant in the amount of $4,500,000 to the Fort Des Moines Memo-
rial Park and Education Center.
SEC. 8117. In addition to amounts appropriated elsewhere in
this Act, $4,250,000 is hereby appropriated to the Department
of Defense: Provided, That the Secretary of Defense shall make
a grant in the amount of $4,250,000 to the National D-Day Museum.
SEC. 8118. Section 8106 of the Department of Defense Appro-
priations Act, 1997 (titles I through VIII of the matter 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. 8119. In addition to amounts provided in this Act,
$1,700,000 is hereby appropriated for ‘‘Defense Health Program’’,
to remain available for obligation until expended: Provided, That
notwithstanding any other provision of law, these funds shall be
available only for a grant to the Fisher House Foundation, Inc.,
only for the construction and furnishing of additional Fisher Houses
to meet the needs of military family members when confronted
with the illness or hospitalization of an eligible military beneficiary.
SEC. 8120. (a) Section 8162 of the Department of Defense
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 establish a perma-
nent 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
COMMEMORATIVE
WORKS.—The establishment of the memorial shall be in accord-
ance with the Commemorative Works Act (40 U.S.C. 1001
et seq.).’’.
H. R. 3338—45
(b) Section 8162 of the Department of Defense Appropriations
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. Eisenhower 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 otherwise made
available elsewhere in this Act for the Department of Defense,
$2,600,000, to remain available until expended is hereby appro-
priated to the Department of Defense: Provided, That the Secretary
of Defense shall make a grant in the amount of $2,600,000 to
the Dwight D. Eisenhower Memorial Commission for direct adminis-
trative support.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8121. In addition to the amounts appropriated elsewhere
in this Act, $1,700,000, to remain available until expended, is
hereby appropriated to the Department of Defense: Provided, That
not later than 30 days after the enactment of this Act, the Secretary
of Defense shall transfer these funds to the Department of Energy
appropriation account ‘‘Fossil Energy Research and Development’’,
only for a proposed conceptual design study to examine the feasi-
bility of a zero emissions, steam injection process with possible
applications for increased power generation efficiency, enhanced
oil recovery and carbon sequestration.
SEC. 8122. In addition to amounts appropriated elsewhere in
this Act, $8,000,000 shall be available only for the settlement of
subcontractor claims for payment associated with the Air Force
contract F19628–97–C–0105, Clear Radar Upgrade, at Clear AFS,
Alaska: Provided, That all affected subcontractors shall mutually
resolve the amounts claimed for payment by cooperative negotiation,
third-party mediation or other form of alternative dispute resolution
and shall present such claims to the Secretary of the Air Force:
Provided further, 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. 601–613, on any claims which
the Secretary 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. 8123. Notwithstanding any other provision of this Act,
the total amount appropriated in this Act is hereby reduced by
$1,650,000,000, to reflect savings to be achieved from business
H. R. 3338—46
process reforms, management efficiencies, and procurement of
administrative and management support: Provided, That none of
the funds provided in this Act may be used for consulting and
advisory services for legislative affairs and legislative liaison func-
tions.
SEC. 8124. Funds appropriated for Operation and Maintenance
in title II of this Act may be used to complete certain projects
for which funds have been provided from—
(1) amounts appropriated for ‘‘Operation and Maintenance,
Navy’’ in section 110 of the Emergency Supplemental Act, 2000
(division B of Public Law 106–246; 114 Stat. 530); or
(2) amounts appropriated for ‘‘Operation and Maintenance,
Navy’’ in section 9001(a)(2)(i) of the Department of Defense
Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 709).
SEC. 8125. In addition to amounts provided elsewhere in this
Act, $17,900,000 is hereby appropriated for the Secretary of Defense,
to remain available until expended, 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 institutions and selected
regional centers for non-lethal training: Provided further, That
United States Regional Commanders in Chief will be the nominative
authority for candidates 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. 8126. 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 obliga-
tion, not to exceed $26,700,000 shall be available for recording,
adjusting, and liquidating obligations for the C–17 aircraft properly
chargeable to the fiscal year 1998 and 1999 ‘‘Aircraft Procurement,
Air Force’’ account: Provided, That the Secretary of the Air Force
shall notify the congressional defense committees 30 days prior
to obligation of all of the specific sources of funds to be used
for such purpose.
SEC. 8127. Notwithstanding any other provision of law, from
funds appropriated in this or any other Act under the heading,
‘‘Missile Procurement, Air Force’’, that remain available for obliga-
tion, not to exceed $50,000,000 shall be available for recording,
adjusting, and liquidating obligations properly chargeable to fiscal
year 1997 and 1998 ‘‘Missile Procurement, Air Force’’ accounts:
Provided, That the Secretary of the Air Force shall notify the
congressional defense committees 30 days prior to obligation of
all of the specific sources of funds to be used for such purpose.
SEC. 8128. Notwithstanding any provisions of the Southern
Nevada Public Land Management Act of 1998, Public Law 105–
263, or the land use planning provision of section 202 of the Federal
Land Policy and Management Act of 1976, Public Law 94–579,
or of any other law to the contrary, the Secretary of the Interior
may acquire non-Federal lands adjacent to Nellis Air Force Base,
through a land exchange in Nevada, to ensure the continued safe
operation of live ordnance departure areas at Nellis Air Force
Base, Las Vegas, Nevada. The Secretary of the Air Force shall
identify up to 220 acres of non-Federal lands needed to ensure
the continued safe operation of the live ordnance departure areas
at Nellis Air Force Base. Any such identified property acquired
H. R. 3338—47
by exchange by the Secretary of the Interior shall be transferred
by the Secretary of the Interior to the jurisdiction, custody, and
control of the Secretary of the Air Force to be managed as a
part of Nellis Air Force Base. To the extent the Secretary of the
Interior is unable to acquire non-Federal lands by exchange, the
Secretary of the Air Force is authorized to purchase those lands
at fair market value subject to available appropriations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8129. Of the amounts appropriated in this Act under
the heading, ‘‘Shipbuilding and Conversion, Navy’’, $729,248,000
shall be available until September 30, 2002, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
Act, the Secretary of the Navy shall transfer such funds to the
following appropriations in the amounts specified: Provided further,
That the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred:
To:
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1995/2002’’:
Carrier Replacement Program, $169,364,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1996/2002’’:
LPD–17 Amphibious Transport Dock Ship Pro-
gram, $172,989,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1997/2002’’:
DDG–51 Destroyer Program, $35,200,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1998/2002’’:
NSSN Program, $166,561,000;
DDG–51 Destroyer Program, $108,457,000;
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 1999/2002’’:
NSSN Program, $60,429,000.
Under the heading, ‘‘Shipbuilding and Conversion,
Navy, 2001/2005’’:
Submarine Refuelings, $16,248,000.
(TRANSFER OF FUNDS)
SEC. 8130. Upon enactment of this Act, the Secretary of the
Navy shall make the following transfers of funds: Provided, That
the amounts transferred shall be available for the same purpose
as the appropriations to which transferred, and for the same time
period as the appropriation from which transferred: Provided fur-
ther, That the amounts shall be transferred between the following
appropriations in the amount specified:
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1990/2002’’:
TRIDENT 
ballistic 
missile 
submarine 
program,
$78,000;
SSN–21 attack submarine program, $66,000;
DDG–51 destroyer program, $6,100,000;
ENTERPRISE 
refueling/modernization 
program,
$964,000;
H. R. 3338—48
LSD–41 dock landing ship cargo variant ship program,
$237,000;
MCM mine countermeasures program, $118,000;
Oceanographic ship program, $2,317,000;
AOE combat support ship program, $164,000;
AO conversion program, $56,000;
Coast Guard icebreaker ship program, $863,000;
Craft, outfitting, post delivery, and ship special support
equipment, $529,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1998/2002’’: DDG–51 destroyer program, $11,492,000;
From:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1993/2002’’:
DDG–51 destroyer program, $3,986,000;
LHD–1 amphibious assault ship program, $85,000;
LSD–41 dock landing ship cargo variant program,
$428,000;
AOE combat support ship program, $516,000;
Craft, outfitting, post delivery, and first destination
transportation, and inflation adjustments, $1,034,000;
To:
Under the heading, ‘‘Shipbuilding and Conversion, Navy,
1998/2002’’: DDG–51 destroyer program, $6,049,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8131. Of the funds appropriated by this Act under the
heading, ‘‘Operation and Maintenance, Navy’’, $56,000,000 shall
remain available until expended, only for costs associated with
the stabilization, return, refitting, necessary force protection
upgrades, and repair of the U.S.S. COLE: Provided, That the Sec-
retary of Defense may transfer these funds to appropriations
accounts for procurement and 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 in this sec-
tion is in addition to any other transfer authority available to
the Department of Defense.
SEC. 8132. (a) The Secretary of Defense shall convey to
Gwitchyaa Zhee Corporation the lands withdrawn by Public Land
Order No. 1996, Lot 1 of United States Survey 7008, Public Land
Order No. 1396, a portion of Lot 3 of United States Survey 7161,
lands reserved pursuant to the instructions set forth at page 513
of volume 44 of the Interior Land Decisions issued January 13,
1916, Lot 13 of United States Survey 7161, Lot 1 of United States
Survey 7008 described in Public Land Order No. 1996, and Lot
13 of the United States Survey 7161 reserved pursuant to the
instructions set forth at page 513 of volume 44 of the Interior
Land Decisions issued January 13, 1916.
(b) Following site restoration and survey by the Department
of the Air Force that portion of Lot 3 of United States Survey
7161 withdrawn by Public Land Order No. 1396 and no longer
needed by the Air Force shall be conveyed to Gwitchyaa Zhee
Corporation.
SEC. 8133. The Secretary of the Navy may settle, or com-
promise, and pay any and all admiralty claims under 10 U.S.C.
H. R. 3338—49
7622 
arising 
out 
of 
the 
collision 
involving 
the 
U.S.S.
GREENEVILLE and the EHIME MARU, in any amount and with-
out regard to the monetary limitations in subsections (a) and (b)
of that section: Provided, That such payments shall be made from
funds available to the Department of the Navy for operation and
maintenance.
SEC. 8134. Notwithstanding section 229(a) of the Social Security
Act, no wages shall be deemed to have been paid to any individual
pursuant to that section in any calendar year after 2001.
SEC. 8135. The total amount appropriated in this Act is hereby
reduced by $105,000,000 to reflect fact-of-life changes in utilities
costs, to be derived as follows:
‘‘Operation and Maintenance, Army’’, $34,700,000;
‘‘Operation and Maintenance, Navy’’, $8,800,000;
‘‘Operation and Maintenance, Marine Corps’’, $7,200,000;
‘‘Operation and Maintenance, Air Force’’, $28,800,000;
‘‘Operation and Maintenance, Defense-Wide’’, $4,500,000;
‘‘Operation and Maintenance, Army Reserve’’, $2,700,000;
‘‘Operation and Maintenance, Army National Guard’’,
$2,700,000;
‘‘Operation 
and 
Maintenance, 
Air 
National 
Guard’’,
$3,400,000;
‘‘Defense Working Capital Funds’’, $7,100,000; and
‘‘Defense Health Program’’, $5,100,000.
SEC. 8136. (a) Of the total amount appropriated for ‘‘Operation
and Maintenance, Air Force’’, $2,100,000, to remain available until
expended, shall be available to the Secretary of the Air Force
only for the purpose of making a grant in the amount of $2,100,000
to the Lafayette Escadrille Memorial Foundation, Inc., to be used
to perform the repair, restoration, and preservation of the structure,
plaza, and surrounding grounds of the Lafayette Escadrille Memo-
rial in Marnes la-Coguette, France.
(b) The Secretary shall require as a condition of the grant—
(1) that the funds provided through the grant be used
only for costs associated with such repair, restoration, and
preservation; and
(2) that none of those funds may be used for remuneration
of any entity or individual associated with fund raising for
the project to carry out such repair, restoration, and preserva-
tion.
SEC. 8137. (a) DESIGNATION OF NATIONAL MEMORIAL.—The five-
foot-tall white cross first erected by the Veterans of Foreign Wars
of the United States in 1934 along Cima Road in San Bernardino
County, California, and now located within the boundary of the
Mojave National Preserve, as well as a limited amount of adjoining
Preserve property to be designated by the Secretary of the Interior,
is hereby designated as a national memorial commemorating United
States participation in World War I and honoring the American
veterans of that war.
(b) LEGAL DESCRIPTION.—The memorial cross referred to in
subsection (a) is located at latitude 35.316 North and longitude
115.548 West. The exact acreage and legal description of the prop-
erty to be included by the Secretary of the Interior in the national
World War I memorial shall be determined by a survey prepared
by the Secretary.
(c) REINSTALLATION OF MEMORIAL PLAQUE.—The Secretary of
the Interior shall use not more than $10,000 of funds available
H. R. 3338—50
for the administration of the Mojave National Preserve to acquire
a replica of the original memorial plaque and cross placed at the
national World War I memorial designated by subsection (a) and
to install the plaque in a suitable location on the grounds of the
memorial.
SEC. 8138. In addition to the amounts provided elsewhere in
this Act, the amount of $4,200,000 is hereby appropriated to the
Department of Defense for ‘‘Operation and Maintenance, Navy’’.
Such amount shall be used by the Secretary of the Navy only
to make a grant in the amount of $4,200,000 to the U.S.S. Alabama
Battleship Foundation, a nonprofit organization established under
the laws of the State of Alabama, to be available only for the
preservation of the former U.S.S. ALABAMA (ex BB–60) as a
museum and memorial.
SEC. 8139. In addition to the amounts provided elsewhere in
this Act, the amount of $4,250,000 is hereby appropriated to the
Department of Defense for ‘‘Operation and Maintenance, Navy’’.
Such amount shall be used by the Secretary of the Navy only
to make a grant in the amount of $4,250,000 to the Intrepid Sea-
Air-Space Foundation only for the preservation of the former U.S.S.
INTREPID (CV 11) as a museum and memorial.
SEC. 8140. In addition to the amounts provided elsewhere in
this Act, the amount of $6,000,000 is hereby appropriated to the
Department of Defense for ‘‘Operation and Maintenance, Air Force’’.
Such amount shall be used by the Secretary of the Air Force
only to make a grant in the amount of $6,000,000 to the Medical
Lake School District, Washington State school district number 326,
for relocation of the Fairchild Air Force Base Elementary School
within the boundary of Fairchild Air Force Base, Washington.
SEC. 8141. In addition to the amounts provided elsewhere in
this Act, the amount of $3,500,000 is hereby appropriated to the
Department of Defense for ‘‘Operation and Maintenance, Navy’’.
Such amount shall be used by the Secretary of the Navy only
to make a grant in the amount of $3,500,000 to the Central Kitsap
School District, Washington State school district number 401, for
the purchase and installation of equipment for a special needs
learning center to meet the needs of Department of Defense special
needs students at Submarine Base Bangor, Washington.
SEC. 8142. (a) In addition to amounts provided elsewhere in
this Act, the amount of $8,500,000 is hereby appropriated for ‘‘Oper-
ation and Maintenance, Defense-Wide’’, to be available to the Sec-
retary of Defense only for the purpose of making a grant for the
purpose specified in section 8156 of the Department of Defense
Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 707),
as amended by subsection (b). Such grant shall be made not later
than 90 days after the date of the enactment of this Act.
(b) Section 8156 of the Department of Defense Appropriations
Act, 2001 (Public Law 106–259; 114 Stat. 707), is amended by
striking the comma after ‘‘California’’ the first place it appears
and all that follows through ‘‘96–8867)’’.
SEC. 8143. (a) ACTIVITIES UNDER FORMERLY UTILIZED SITES
REMEDIAL ACTION PROGRAM.—Subject to subsections (b) through
(e) of section 611 of Public Law 106–60 (113 Stat. 502; 10 U.S.C.
2701 note), the Secretary of the Army, acting through the Chief
of Engineers, under the Formerly Utilized Sites Remedial Action
Program shall undertake the functions and activities specified in
subsection (a) of such section in order to—
H. R. 3338—51
(1) clean up radioactive contamination at the Shpack Land-
fill site located in Norton and Attleboro, Massachusetts; and
(2) clean up radioactive waste at the Shallow Land Disposal
Area located in Parks Township, Armstrong County, Pennsyl-
vania, consistent with the Memorandum of Understanding
Between the United States Nuclear Regulatory Commission
and the United States Army Corps of Engineers for Coordina-
tion on Cleanup and Decommissioning of the Formerly Utilized
Sites Remedial Action Program (FUSRAP) Sites with NRC-
Licensed Facilities, dated July 5, 2001.
(b) SPECIAL
RULES
REGARDING
SHALLOW
LAND
DISPOSAL
AREA.—The Secretary of the Army shall seek to recover response
costs incurred by the Army Corps of Engineers for cleanup of
the Shallow Land Disposal Area from appropriate responsible par-
ties in accordance with the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.). The Secretary of the Army and the Corps of Engineers
shall not, by virtue of this cleanup, become liable for the actions
or omissions of past, current, or future licensees, owners, or opera-
tors of the Shallow Land Disposal Area.
(c) FUNDING SOURCES.—Amounts appropriated to the Army
Corps of Engineers for fiscal year 2001 and subsequent fiscal years
and available for the Formerly Utilized Sites Remedial Action Pro-
gram shall be available to carry out this section.
SEC. 8144. In addition to amounts otherwise appropriated or
made available by this Act, $3,000,000 is appropriated to the Sec-
retary of the Air Force and shall be used by the Secretary to
reestablish the Tethered Aerostat Radar System at Morgan City,
Louisiana, previously used by the Air Force in maritime, air, and
land counter-drug detection and monitoring. Of the amounts appro-
priated or otherwise made available for operation and maintenance
for the Air Force, the Secretary shall use $3,000,000 to operate
such Tethered Aerostat Radar System upon its reestablishment.
SEC. 8145. The $100,000 limitation established by section 8046
in Public Law 106–79 and section 8043 of Public Law 106–259,
shall not apply to amounts appropriated in that Act under the
heading ‘‘Operation and Maintenance, Defense-Wide’’ for expenses
related to certain classified activities associated with foreign mate-
rial.
SEC. 8146. The total amount appropriated in this Act for Oper-
ation and Maintenance is hereby reduced by $100,000,000, to reflect
savings attributable to improved supervision in determining appro-
priate purchases to be made using the Government purchase card,
to be derived as follows:
‘‘Operation and Maintenance, Army’’, $37,000,000;
‘‘Operation and Maintenance, Navy’’, $29,000,000;
‘‘Operation and Maintenance, Marine Corps’’, $3,000,000;
‘‘Operation and Maintenance, Air Force’’, $24,000,000; and
‘‘Operation and Maintenance, Defense-Wide’’, $7,000,000.
SEC. 8147. The Secretary of Defense and the Secretary of Vet-
erans Affairs shall jointly conduct a comprehensive assessment
that identifies and evaluates changes to Department of Defense
and Department of Veterans Affairs health care delivery policies,
methods, practices, and procedures in order to provide improved
health care services at reduced costs to the taxpayer. This assess-
ment shall include a detailed independent review, based on a state-
ment of work authored by the Secretaries of both departments,
H. R. 3338—52
of options to collocate or share facilities and care providers in
areas where duplication and excess capacity may exist, optimize
economies of scale through joint procurement of supplies and serv-
ices, institute cooperative service agreements, and partially or fully
integrate DOD and VA systems providing telehealth services,
computerized patient records, provider credentialing, surgical
quality assessment, rehabilitation services, administrative services,
and centers of excellence for specialized health care services. The
Secretaries shall jointly transmit a report to Congress by no later
than March 1, 2002, explaining the findings and conclusions of
this assessment, including detailed estimates of the costs, cost
savings, and service benefits of each recommendation, and making
legislative and administrative recommendations to implement the
results of this effort: Provided, That of the funds provided under
the heading ‘‘Defense Health Program’’ $2,500,000 shall be made
available only for the purpose of conducting the assessment
described in this section.
SEC. 8148. (a) Notwithstanding any other provision of law,
operation and maintenance funds provided in this Act may be
used for the purchase of ultralightweight camouflage net systems
as unit spares in order to modernize the current inventory of
camouflage screens to state-of-the-art protection standards more
quickly than would otherwise be the case.
(b) The authority provided by subsection (a) may not be used
until the Secretary of the Army submits to the congressional defense
committees a report certifying that, compared to the current system
that can be purchased with Army Operation and Maintenance
funds, the ultralightweight camouflage net system—
(1) is technically superior against multi-spectral threat sen-
sors;
(2) is less costly per unit; and
(3) provides improved overall force protection.
SEC. 8149. ARMY ACQUISITION MANAGEMENT. (a) FUNDING
REDUCTION.—The amount appropriated in this Act for ‘‘Operation
and Maintenance, Army’’ is hereby reduced by $5,000,000 to reflect
efficiencies in Army acquisition management practices.
(b) REPORT TO CONGRESS ON ARMY REORGANIZATION.—The Sec-
retary of the Army shall submit a report to the congressional
defense committees no later than April 15, 2002 providing a detailed
explanation of the final plans for realigning Army requirements
generation, acquisition, resource management, and Departmental
headquarters functions and systems. Such report shall include an
independent assessment of the Army plan by the Center for Naval
Analyses. Such report shall also include an analysis of the annual
budget and personnel savings derived from this reorganization plan
by major function compared to the fiscal year 2001 baseline for
fiscal years 2002 through 2008.
SEC. 8150. (a) NON-PROFIT ARMY VENTURE CAPITAL CORPORA-
TION.—Of the funds made available for ‘‘Research, Development,
Test and Evaluation, Army’’, $25,000,000 shall be available to the
Secretary of the Army only for the purpose of funding a venture
capital investment corporation established pursuant to section 2371
of title 10 United States Code, to be derived as specified in sub-
section (b).
(b) FUNDING.—The amount specified in subsection (a) shall
be derived by reducing, on a pro rata basis, amounts made available
to the Army for basic research and applied research, except for
H. R. 3338—53
amounts for research projects designated as congressional special
interest items and amounts available to the Army for research,
development, test, and evaluation relating to the Future Combat
System.
SEC. 8151. Notwithstanding any other provision of law or regu-
lation, the Secretary of Defense may exercise the provisions of
38 U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2)
as well as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall
not apply.
SEC. 8152. (a) The Secretary of Defense may waive any require-
ment that the fiscal year 2001 Department of Defense financial
statement include the accounts and associated activities of the
Department of the Army and the Department of the Navy, to
the extent that the Secretary determines necessary due to the
effects of the terrorist attack on the Pentagon of September 11,
2001.
(b) If any accounts and associated activities of the Department
of the Army or the Department of the Navy are excluded from
the fiscal year 2001 Department of Defense financial statement
pursuant to subsection (a), the Secretary of Defense shall, as soon
as practicable after March 1, 2002, prepare and submit to the
Director of the Office of Management and Budget, a revised audited
financial statement for fiscal year 2001 that includes all such
accounts and activities.
(c) For purposes of this section, the term ‘‘fiscal year 2001
Department of Defense financial statement’’ means the audited
financial statement of the Department of Defense for fiscal year
2001 required by section 3515 of title 31, United States Code,
to be submitted to the Director of the Office of Management and
Budget not later than March 1, 2002.
SEC. 8153. Notwithstanding any other provision of this Act,
the Secretary of the Air Force may enter into a multiyear contract,
or extend an existing multiyear contract, for the C–17 aircraft:
Provided, That the authority 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 provided
in this section shall not be available until the Secretary 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. 8154. Notwithstanding any other provision of law, of the
funds appropriated in this Act under the heading ‘‘Operation and
Maintenance, Defense-Wide’’, $1,450,000, to remain available until
expended, is provided 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 Authorization Act for Fiscal
Year 2001 (as enacted by Public Law 106–398; 114 Stat. 165A–
215).
H. R. 3338—54
SEC. 8155. 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, notwithstanding 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 maintenance
expenses for appropriate security measures to protect the site)
at the airplane crash site in Somerset County, Pennsylvania hon-
oring the brave men, women, and children who perished following
a valiant struggle with terrorists aboard United Airlines Flight
93 on September 11, 2001.
SEC. 8156. (a) FINDINGS.—The Congress finds that—
(1) in times when our national security is threatened by
possible attacks from foreign and domestic enemies, it is nec-
essary 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 Congress that the
Department of Defense, when purchasing items to support the
Armed Forces, choose items that are wholly of domestic content
and manufacture, especially items identified as essential to
our national defense.
(b) SENSE OF CONGRESS.—It is the sense of Congress 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
(2) in cases where such domestic manufacturing base is
threatened, the United States should take action to preserve
such manufacturing base.
SEC. 8157. (a) Not later than February 1, 2002, the Secretary
of Defense shall report to the congressional defense committees
on the status of the safety and security of munitions shipments
that use commercial trucking carriers within the United States.
(b) REPORT ELEMENTS.—The report under subsection (a) shall
include the following:
(1) An assessment of the Department of Defense’s policies
and practices for conducting background investigations of cur-
rent and prospective drivers of munitions shipments.
(2) A description of current requirements for periodic safety
and security reviews of commercial trucking carriers that carry
munitions.
(3) A review of the Department of Defense’s efforts to
establish uniform safety and security standards for cargo termi-
nals not operated by the Department that store munitions
shipments.
(4) An assessment of current capabilities to provide for
escort security vehicles for shipments that contain dangerous
munitions or sensitive technology, or pass through high-risk
areas.
(5) A description of current requirements for depots and
other defense facilities to remain open outside normal operating
hours to receive munitions shipments.
(6) Legislative proposals, if any, to correct deficiencies
identified by the Department of Defense in the report under
subsection (a).
H. R. 3338—55
(c) Not later than 6 months after enactment of this Act, the
Secretary shall report to Congress on safety and security procedures
used for U.S. munitions shipments in European NATO countries,
and provide recommendations on what procedures or technologies
used in those countries should be adopted for shipments in the
United States.
SEC. 8158. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act for the Department of Defense,
$15,000,000, to remain available until September 30, 2002 is hereby
appropriated to the Department of Defense: Provided, That the
Secretary of Defense shall make a grant in the amount of
$15,000,000 to the Citadel for the Padgett Thomas Barracks in
Charleston, South Carolina.
SEC. 8159. MULTI-YEAR AIRCRAFT LEASE PILOT PROGRAM. (a)
The Secretary of the Air Force may, from funds provided in this
Act or any future appropriations Act, establish and make payments
on a multi-year pilot program for leasing general purpose Boeing
767 aircraft and Boeing 737 aircraft in commercial configuration.
(b) Sections 2401 and 2401a of title 10, United States Code,
shall not apply to any aircraft lease authorized by this section.
(c) Under the aircraft lease Pilot Program authorized by this
section:
(1) The Secretary may include terms and conditions in
lease agreements that are customary in aircraft leases by a
non-Government lessor to a non-Government lessee, but only
those that are not inconsistent with any of the terms and
conditions mandated herein.
(2) The term of any individual lease agreement into which
the Secretary enters under this section shall not exceed 10
years, inclusive of any options to renew or extend the initial
lease term.
(3) The Secretary may provide for special payments in
a lessor if the Secretary terminates or cancels the lease prior
to the expiration of its term. Such special payments shall
not exceed an amount equal to the value of 1 year’s lease
payment under the lease.
(4) Subchapter IV of chapter 15 of title 31, United States
Code shall apply to the lease transactions under this section,
except that the limitation in section 1553(b)(2) shall not apply.
(5) The Secretary shall lease aircraft under terms and
conditions consistent with this section and consistent with the
criteria for an operating lease as defined in OMB Circular
A–11, as in effect at the time of the lease.
(6) Lease arrangements authorized by this section may
not commence until:
(A) The Secretary submits a report to the congressional
defense committees outlining the plans for implementing
the Pilot Program. The report shall describe the terms
and conditions of proposed contracts and describe the
expected savings, if any, comparing total costs, including
operation, support, acquisition, and financing, of the lease,
including modification, with the outright purchase of the
aircraft as modified.
(B) A period of not less than 30 calendar days has
elapsed after submitting the report.
(7) Not later than 1 year after the date on which the
first aircraft is delivered under this Pilot Program, and yearly
H. R. 3338—56
thereafter on the anniversary of the first delivery, the Secretary
shall submit a report to the congressional defense committees
describing the status of the Pilot Program. The Report will
be based on at least 6 months of experience in operating the
Pilot Program.
(8) The Air Force shall accept delivery of the aircraft in
a general purpose configuration.
(9) At the conclusion of the lease term, each aircraft
obtained under that lease may be returned to the contractor
in the same configuration in which the aircraft was delivered.
(10) The present value of the total payments over the
duration of each lease entered into under this authority shall
not exceed 90 percent of the fair market value of the aircraft
obtained under that lease.
(d) No lease entered into under this authority shall provide
for—
(1) the modification of the general purpose aircraft from
the commercial configuration, unless and until separate
authority for such conversion is enacted and only to the extent
budget authority is provided in advance in appropriations Acts
for that purpose; or
(2) the purchase of the aircraft by, or the transfer of owner-
ship to, the Air Force.
(e) The authority granted to the Secretary of the Air Force
by this section is separate from and in addition to, and shall
not be construed to impair or otherwise affect, the authority of
the Secretary to procure transportation or enter into leases under
a provision of law other than this section.
(f) The authority provided under this section may be used
to lease not more than a total of 100 Boeing 767 aircraft and
4 Boeing 737 aircraft for the purposes specified herein.
SEC. 8160. From within amounts made available in the title
II of this Act, under the heading ‘‘Operation and Maintenance,
Army National Guard’’, and notwithstanding any other provision
of law, $2,200,000 shall be available only for repairs and safety
improvements to the segment of Camp McCain Road which extends
from Highway 8 south toward the boundary of Camp McCain,
Mississippi and originating intersection of Camp McCain Road;
and for repairs and safety improvements to the segment of Greens-
boro Road which connects the Administration Offices of Camp
McCain to the Troutt Rifle Range: Provided, That these funds
shall remain available until expended: Provided further, That the
authorized scope of work includes, but is not limited to, environ-
mental documentation and mitigation, engineering and design,
improving safety, resurfacing, widening lanes, enhancing shoulders,
and replacing signs and pavement markings.
SEC. 8161. From funds made available under title II of this
Act, the Secretary of the Army may make available a grant of
$2,100,000 to the Chicago Park District for renovation of the Broad-
way Armory, a former National Guard facility in the Edgewater
community in Chicago.
SEC. 8162. SENSE OF CONGRESS CONCERNING THE MILITARY
INDUSTRIAL BASE. (a) IN GENERAL.—It is the sense of the Congress
that the military aircraft industrial base of the United States be
preserved. In order to ensure this we must retain—
(1) adequate competition in the design, engineering, produc-
tion, sale and support of military aircraft;
H. R. 3338—57
(2) continued innovation in the development and manufac-
ture of military aircraft;
(3) actual and future capability of more than one aircraft
company to design, engineer, produce and support military
aircraft.
(b) STUDY OF IMPACT ON THE INDUSTRIAL BASE.—In order to
determine the current and future adequacy of the military aircraft
industrial base a study shall be conducted. Of the funds made
available under the heading ‘‘PROCUREMENT, DEFENSE-WIDE’’ in
this Act, up to $1,500,000 may be made available for a comprehen-
sive analysis of and report on the risks to innovation and cost
of limited or no competition in contracting for military aircraft
and related weapon systems for the Department of Defense,
including the cost of contracting where there is no more than
one primary manufacturer with the capacity to bid for and build
military aircraft and related weapon systems, the impact of any
limited competition in primary contracting on innovation in the
design, development, and construction of military aircraft and
related weapon systems, the impact of limited competition in pri-
mary contracting on the current and future capacity of manufactur-
ers to design, engineer and build military aircraft and weapon
systems. The Secretary of Defense shall report to the House and
Senate Committees on Appropriations on the design of this analysis,
and shall submit a report to these committees no later than 6
months from the date of enactment of this Act.
SEC. 8163. In addition to the amounts appropriated or otherwise
made available in this Act, $5,200,000, to remain available until
September 30, 2002, is hereby appropriated to the Department
of Defense: Provided, That the Secretary of Defense shall make
a grant in the amount of $5,200,000 to the Armed Forces Retirement
Homes.
SEC. 8164. (a) ASSESSMENT REQUIRED.—Not later than March
15, 2002, the Secretary of the Army shall submit to the Committees
on Appropriations of the Senate and House of Representatives
a report containing an assessment of current risks under, and
various alternatives to, the current Army plan for the destruction
of chemical weapons.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) A description and assessment of the current risks in
the storage of chemical weapons arising from potential terrorist
attacks.
(2) A description and assessment of the current risks in
the storage of chemical weapons arising from storage of such
weapons after April 2007, the required date for disposal of
such weapons as stated in the Chemical Weapons Convention.
(3) A description and assessment of various options for
eliminating or reducing the risks described in paragraphs (1)
and (2).
(c) CONSIDERATIONS.—In preparing the report, the Secretary
shall take into account the plan for the disassembly and neutraliza-
tion of the agents in chemical weapons as described in Army
engineering studies in 1985 and 1996, the 1991 Department of
Defense Safety Contingency Plan, and the 1993 findings of the
National Academy of Sciences on disassembly and neutralization
of chemical weapons.
H. R. 3338—58
SEC. 8165. Of the amount appropriated by title II for operation
and maintenance, Defense-wide, $47,261,000 may be available for
the Defense Leadership and Management Program.
SEC. 8166. SENSE
OF
THE CONGRESS REGARDING ENVIRON-
MENTAL CONTAMINATION IN THE PHILIPPINES. It is the sense of
the Congress that—
(1) the Secretary of State, in cooperation with the Secretary
of Defense, should continue to work with the Government of
the Philippines and with appropriate non-governmental
organizations in the United States and the Philippines to fully
identify and share all relevant information concerning environ-
mental contamination and health effects emanating from former
United States military facilities in the Philippines following
the departure of the United States military forces from the
Philippines in 1992;
(2) the United States and the Government of the Phil-
ippines should continue to build upon the agreements outlined
in the Joint Statement by the United States and the Republic
of the Philippines on a Framework for Bilateral Cooperation
in the Environment and Public Health, signed on July 27,
2000; and
(3) Congress should encourage an objective non-govern-
mental study, which would examine environmental contamina-
tion and health effects emanating from former United States
military facilities in the Philippines, following the departure
of United States military forces from the Philippines in 1992.
SEC. 8167. (a) AUTHORITY FOR BURIAL OF CERTAIN INDIVIDUALS
AT ARLINGTON NATIONAL CEMETERY.—The Secretary of the Army
shall authorize the burial in a separate gravesite at Arlington
National Cemetery, Virginia, of any individual who—
(1) died as a direct result of the terrorist attacks on the
United States on September 11, 2001; and
(2) would have been eligible for burial in Arlington National
Cemetery by reason of service in a reserve component of the
Armed Forces but for the fact that such individual was less
than 60 years of age at the time of death.
(b) ELIGIBILITY OF SURVIVING SPOUSE.—The surviving spouse
of an individual buried in a gravesite in Arlington National Ceme-
tery under the authority provided under subsection (a) shall be
eligible for burial in the gravesite of the individual to the same
extent as the surviving spouse of any other individual buried in
Arlington National Cemetery is eligible for burial in the gravesite
of such other individual.
SEC. 8168. In fiscal year 2002, the Department of the Interior
National Business Center may continue to enter into grants,
cooperative agreements, and other transactions, under the Defense
Conversion, Reinvestment, and Transition Assistance Act of 1992,
and other related legislation.
SEC. 8169. Of the total amount appropriated by this division
for ‘‘Operation and Maintenance, Defense-Wide’’, $3,500,000 may
be available for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106–398; 114 Stat. 1654A–77).
SEC. 8170. Of the total amount appropriated by this division
for ‘‘Operation and Maintenance, Air National Guard’’, $435,000
may be available (subject to section 2805(c) of title 10, United
States Code) for the replacement of deteriorating gas lines, mains,
H. R. 3338—59
valves, and fittings at the Air National Guard facility at Rosecrans
Memorial Airport, St. Joseph, Missouri, and (subject to section
2811 of title 10, United States Code) for the repair of the roof
of the Aerial Port Facility at that airport.
SEC. 8171. Not later than 180 days after the date of enactment
of this Act, the Secretary of Defense, in cooperation with the Secre-
taries of State and Energy, shall submit a report to Congress
describing the steps that have been taken to develop cooperative
threat reduction programs with India and Pakistan. Such report
shall include recommendations for changes in any provision of
existing law that is currently an impediment to the full establish-
ment of such programs, a timetable for implementation of such
programs, and an estimated 5-year budget that will be required
to fully fund such programs.
SEC. 8172. (a) MODIFICATION OF GENERAL REQUIREMENTS.—
Section 1078(b) of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted by Public Law 106–
398; 114 Stat. 1654A–283) is amended—
(1) in paragraph (1), by inserting ‘‘, or its contractors or
subcontractors,’’ after ‘‘Department of Defense’’; and
(2) in paragraph (3), by striking ‘‘stored, assembled, dis-
assembled, or maintained’’ and inserting ‘‘manufactured, assem-
bled, or disassembled’’.
(b) DETERMINATION OF EXPOSURES AT IAAP.—The Secretary
of Defense shall take appropriate actions to determine the nature
and extent of the exposure of current and former employees at
the Army facility at the Iowa Army Ammunition Plant, including
contractor and subcontractor employees at the facility, to radioactive
or other hazardous substances at the facility, including possible
pathways for the exposure of such employees to such substances.
(c) NOTIFICATION
OF EMPLOYEES REGARDING EXPOSURE.—(1)
The Secretary shall take appropriate actions to—
(A) identify current and former employees at the facility
referred to in subsection (b), including contractor and subcon-
tractor employees at the facility; and
(B) notify such employees of known or possible exposures
to radioactive or other hazardous substances at the facility.
(2) Notice under paragraph (1)(B) shall include—
(A) information on the discussion of exposures covered by
such notice with health care providers and other appropriate
persons who do not hold a security clearance; and
(B) if necessary, appropriate guidance on contacting health
care providers and officials involved with cleanup of the facility
who hold an appropriate security clearance.
(3) Notice under paragraph (1)(B) shall be by mail or other
appropriate means, as determined by the Secretary.
(d) DEADLINE FOR ACTIONS.—The Secretary shall complete the
actions required by subsections (b) and (c) not later than 90 days
after the date of the enactment of this Act.
(e) REPORT.—Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report setting forth the results of
the actions undertaken by the Secretary under this section,
including any determinations under subsection (b), the number
of workers identified under subsection (c)(1)(A), the content of the
notice to such workers under subsection (c)(1)(B), and the status
H. R. 3338—60
of progress on the provision of the notice to such workers under
subsection (c)(1)(B).
SEC. 8173. None of the funds made available in division 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.
TITLE IX
COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS
OF MASS DESTRUCTION
COUNTER-TERRORISM AND OPERATIONAL RESPONSE TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For protection against terrorist attacks that might employ
either conventional means or weapons of mass destruction, and
to prepare against the consequences of such attacks; to deny
unauthorized users the opportunity to modify, steal, inappropriately
disclose, or destroy sensitive military data or networks; and to
accelerate improvements in information networks and operations,
$478,000,000: Provided, That of the amounts made available under
this heading, $333,000,000 is available only for improving force
protection and chemical and biological defense capabilities of the
Department of Defense, and improving capabilities to respond to
attacks using weapons of mass destruction: Provided further, That
$70,000,000 is available only for improving the effectiveness of
Department of Defense capabilities in the areas of information
assurance and critical infrastructure protection, and information
operations; and $75,000,000 is available only to develop and dem-
onstrate systems to protect against unconventional nuclear threats:
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 enacted by
this Act: Provided further, 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 authority available
to the Department of Defense: Provided further, That within 90
days of enactment of this Act, the Secretary of Defense shall provide
to the Congress a report specifying the projects and accounts to
which funds provided under this heading are to be transferred.
FORMER SOVIET UNION THREAT REDUCTION
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for facili-
tating 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 compo-
nents, and weapon-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 expertise, and for defense
and military contacts, $403,000,000, to remain available until Sep-
tember 30, 2004: Provided, That of the amounts provided under
H. R. 3338—61
this heading, $12,750,000 shall be available only to support the
dismantling and disposal of nuclear submarines and submarine
reactor components in the Russian Far East.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2002’’.
DIVISION B—TRANSFERS FROM THE EMERGENCY
RESPONSE FUND PURSUANT TO PUBLIC LAW 107–38
The funds appropriated in Public Law 107–38 subject to subse-
quent enactment and previously designated as an emergency by
the President and Congress under the Balanced Budget and Emer-
gency Deficit Control Act of 1985, are transferred to the following
chapters and accounts as follows:
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 ‘‘Office of the Secretary’’,
$80,919,000, to remain available until expended, to be obligated
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 ‘‘Salaries and Expenses’’,
$40,000,000, to remain available until expended, to be obligated
from amounts made available 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’’,
$73,000,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
$105,000,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38, of which
$50,000,000 may be transferred to and merged with the Agricultural
Quarantine Inspection User Fee Account.
BUILDINGS AND FACILITIES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Buildings and Facilities’’,
H. R. 3338—62
$14,081,000, to remain available 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 Inspec-
tion Service’’, $15,000,000, to remain available until expended, to
be obligated from amounts made available in Public Law 107–
38.
FOOD AND NUTRITION SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Special Supplemental
Nutrition Program for Women, Infants, and Children (WIC)’’,
$39,000,000, to remain available until September 30, 2003, to be
obligated from amounts made available in Public Law 107–38:
Provided, That of the amounts provided in this Act and any amounts
available for reallocation in fiscal year 2002, the Secretary shall
reallocate funds under section 17(g)(2) of the Child Nutrition Act
of 1966 in the manner and under the formula the Secretary deems
necessary to respond to the effects of unemployment and other
conditions, and starting no later than March 1, 2002, such realloca-
tion shall occur no less frequently than every other month through-
out the fiscal year.
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, for ‘‘Salaries and Expenses’’,
$151,100,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
INDEPENDENT AGENCY
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’’, $16,900,000, to remain available until
expended, to be obligated from amounts made available in Public
Law 107–38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 101. Title VI of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2002 (Public Law 107–76) is amended under the heading
‘‘Food and Drug Administration, Salaries and Expenses’’ by striking
‘‘$13,207,000’’ and inserting ‘‘$13,357,000’’.
H. R. 3338—63
SEC. 102. Section 741(b) of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies Appropria-
tions Act, 2002 (Public Law 107–76), is amended by striking
‘‘20,000,000 pounds’’ and inserting ‘‘5,000,000 pounds’’.
CHAPTER 2
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
USA PATRIOT ACT ACTIVITIES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Patriot Act Activities’’,
$5,000,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38, of which
up to $2,000,000 may be available for a feasibility report, as author-
ized by section 405 of Public Law 107–56: Provided, That funding
for the implementation of such enhancements shall be treated as
a reprogramming under section 605 of Public Law 107–77 and
shall not be available for obligation or expenditure except in compli-
ance with the procedures set forth in that section.
ADMINISTRATIVE REVIEW AND APPEALS
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Administrative 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 ‘‘Salaries and Expenses,
General Legal Activities’’, $12,500,000, to remain available until
expended, to be obligated 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 ‘‘Salaries and Expenses,
United States Attorneys’’, $56,370,000, to remain available until
expended, to be obligated 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 ‘‘Salaries and Expenses,
United States Marshals Service’’, $10,200,000, to remain available
until expended, to be obligated from amounts made available in
Public Law 107–38, of which $5,000,000 shall be for courthouse
security equipment.
H. R. 3338—64
CONSTRUCTION
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Construction’’,
$9,125,000, to remain available until expended, to be obligated
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 ‘‘Salaries and Expenses’’,
$745,000,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
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 ‘‘Salaries and Expenses’’,
$449,800,000, 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 ‘‘Construction’’,
$99,600,000, to remain available until expended, to be obligated
from amounts made available 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 ‘‘Justice Assistance’’,
$400,000,000, to remain available until expended, for grants,
cooperative agreements, and other assistance authorized by sections
819 and 821 of the Antiterrorism and Effective Death Penalty
Act of 1996 and section 1014 of the USA PATRIOT ACT (Public
Law 107–56) and for other counter terrorism programs, to be obli-
gated from amounts made available in Public Law 107–38, of which
$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, $251,100,000 shall be for
discretionary grants, including equipment, under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Program,
to remain available until expended, to be obligated from amounts
made available in Public Law 107–38.
H. R. 3338—65
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 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 ‘‘Operations and Adminis-
tration’’, $1,000,000, to remain available until expended, to be obli-
gated 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 ‘‘Operations and Adminis-
tration’’, $1,756,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107–38.
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 Telecommuni-
cations Facilities, Planning and Construction’’, $8,250,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107–38: Provided, That matching
requirements set forth in section 392(b) of the Communications
Act of 1934, as amended, shall not apply to funds provided in
this Act.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
$1,500,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Scientific and Technical
Research and Services’’, $5,000,000 for a cyber security initiative,
to remain available until expended, to be obligated from amounts
made available in Public Law 107–38.
H. R. 3338—66
CONSTRUCTION OF RESEARCH FACILITIES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Construction of Research
Facilities’’, $1,225,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107–38.
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 ‘‘Operations, Research,
and Facilities’’, $2,750,000, 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 ‘‘Salaries and Expenses’’,
$4,776,000, to remain available until expended, to be obligated
from amounts made available 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 Grounds’’, $30,000,000, to remain available until expended
for security enhancements, to be obligated from amounts made
available in Public Law 107–38.
COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
SERVICES
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
$5,000,000, is for Emergency Communications Equipment, to
remain available until expended, to be obligated from amounts
made available in Public Law 107–38.
COURT SECURITY
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Court Security’’,
$57,521,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38, for security
of the Federal judiciary, of which not less than $4,000,000 shall
be available to reimburse the United States Marshals Service for
a Supervisory Deputy Marshal responsible for coordinating security
in each judicial district and circuit: Provided, That the funds may
H. R. 3338—67
be expended directly or transferred to the United States Marshals
Service.
ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
$2,879,000, to remain available until expended, to enhance security
at the Thurgood Marshall Federal Judiciary Building, to be obli-
gated from amounts made available in Public Law 107–38.
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 Broad-
casting 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 ‘‘Salaries and Expenses,’’
$1,301,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
SECURITIES AND EXCHANGE COMMISSION
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
$20,705,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107–38.
H. R. 3338—68
SMALL BUSINESS ADMINISTRATION
BUSINESS LOANS PROGRAM ACCOUNT
For emergency expenses for the cost of loan subsidies and
for loan modifications as authorized by section 203 of this Act,
for disaster recovery activities and assistance related to the terrorist
acts in New York, Virginia, and Pennsylvania on September 11,
2001, for ‘‘Business Loans Program Account’’, $75,000,000, to
remain available until expended, to be obligated from amounts
made available in Public Law 107–38.
DISASTER LOANS PROGRAM ACCOUNT
For emergency expenses for the cost of loan subsidies and
for loan modifications as authorized by section 202 of this Act,
for disaster recovery activities and assistance related to the terrorist
acts in New York, Virginia, and Pennsylvania on September 11,
2001, for ‘‘Disaster Loans Program Account’’, $75,000,000, to remain
available until expended, to be obligated from amounts made avail-
able 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 section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, and section 15
of the State Department Basic Authorities Act of 1956, as amended.
SEC. 202. For purposes of assistance available under section
7(b)(2) and (4) of the Small Business Act (15 U.S.C. 636(b)(2)
and (4)) to small business concerns located in disaster areas declared
as a result of the September 11, 2001, terrorist attacks—
(i) the term ‘‘small business concern’’ shall include not-
for-profit institutions and small business concerns described
in United States Industry Codes 522320, 522390, 523210,
523920, 523991, 524113, 524114, 524126, 524128, 524210,
524291, 524292, and 524298 of the North American Industry
Classification System (as described in 13 C.F.R. 121.201, as
in effect on January 2, 2001);
(ii) the Administrator may apply such size standards as
may be promulgated under such section 121.201 after the date
of enactment of this provision, but no later than 1 year following
the date of enactment of this Act; and
(iii) payments of interest and principal shall be deferred,
and no interest shall accrue during the 2-year period following
the issuance of such disaster loan.
SEC. 203. Notwithstanding any other provision of law, the
limitation on the total amount of loans under section 7(b) of the
Small Business Act (15 U.S.C. 636(b)) outstanding and committed
to a borrower in the disaster areas declared in response to the
September 11, 2001, terrorist attacks shall be increased to
$10,000,000 and the Administrator shall, in lieu of the fee collected
under section 7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect an annual fee of 0.25 percent of the out-
standing balance of deferred participation loans made under section
7(a) to small businesses adversely affected by the September 11,
2001, terrorist attacks and their aftermath, for a period of 1 year
H. R. 3338—69
following the date of enactment and to the extent the costs of
such reduced fees are offset by appropriations provided by this
Act.
SEC. 204. Not later than April 1, 2002, the Secretary of State
shall submit to the Committees on Appropriations, in both classified
and unclassified form, a report on the United States-People’s
Republic of China Science and Technology Agreement of 1979,
including all protocols. The report is intended to provide a com-
prehensive evaluation of the benefits of the agreement to the Chi-
nese economy, military, and defense industrial base. The report
shall include the following elements:
(1) an accounting of all activities conducted under the
Agreement for the past 5 years, and a projection of activities
to be undertaken through 2010;
(2) an estimate of the annual cost to the United States
to administer the Agreement;
(3) an assessment of how the Agreement has influenced
the policies of the People’s Republic of China toward scientific
and technological cooperation with the United States;
(4) an analysis of the involvement of Chinese nuclear
weapons and military missile specialists in the activities of
the Joint Commission;
(5) a determination of the extent to which the activities
conducted under the Agreement have enhanced the military
and industrial base of the People’s Republic of China, and
an assessment of the impact of projected activities through
2010, including transfers of technology, on China’s economic
and military capabilities; and
(6) recommendations on improving the monitoring of the
activities of the Commission by the Secretaries of Defense and
State.
The report shall be developed in consultation with the Secretaries
of Commerce, Defense, and Energy, the Directors of the National
Science Foundation and the Federal Bureau of Investigation, and
the intelligence community.
SEC. 205. From within funds available to the State of Alaska
or the Alaska Region of the National Marine Fisheries Service,
an additional $500,000 may be made available for the cost of
guaranteeing 
the 
reduction 
loan 
authorized 
under 
section
144(d)(4)(A) of title I, division B of Public Law 106–554 (114 Stat.
2763A–242) and that subparagraph is amended to read as follows:
‘‘(4)(A) The fishing capacity reduction program required under this
subsection is authorized to be financed through a reduction loan
of $100,000,000 under sections 1111 and 1112 of title XI of the
Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).’’.
SEC. 206. Title IV of the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations Act,
2002 (Public Law 107–77) is amended in the third proviso of the
first undesignated paragraph under the heading ‘‘Diplomatic and
Consular Programs’’ by striking ‘‘this heading’’ and inserting ‘‘the
appropriations accounts within the Administration of Foreign
Affairs’’.
SEC. 207. Title V of the Departments of Commerce, Justice,
and State, the Judiciary and Related Agencies Appropriations Act,
2002 (Public Law 107–77) is amended in the proviso under the
heading ‘‘Commission on Ocean Policy’’ by striking ‘‘appointment’’
and inserting ‘‘the first meeting of the Commission’’.
H. R. 3338—70
SEC. 208. Section 626(c) of the Departments of Commerce,
Justice, and State, the Judiciary and Related Agencies Appropria-
tions Act, 2002 (Public Law 107–77) is amended by striking
‘‘1:00CV03110(ESG)’’ and inserting ‘‘1:00CV03110(EGS)’’.
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 ‘‘Defense Emergency
Response Fund’’, $3,395,600,000, to remain available until
expended, to be obligated from amounts made available in Public
Law 107–38, as follows:
(1) For increased situational awareness, $850,000,000;
(2) For increased worldwide posture, $1,495,000,000;
(3) For offensive counterterrorism, $372,000,000;
(4) For initial crisis response, $39,100,000;
(5) For the Pentagon Reservation Maintenance Revolving
Fund, $475,000,000;
(6) For relocation costs and other purposes, $164,500,000:
Provided, That $500,000 shall be made available only for the
White House Commission on the National Moment of Remem-
brance:
Provided further, That from unobligated balances under the heading
‘‘Former Soviet Union Threat Reduction’’, $30,000,000 shall be
transferred to ‘‘Department of State, Nonproliferation, Anti-ter-
rorism, Demining, and Related Programs’’ only for the purpose
of supporting expansion of the Biological Weapons Redirect and
International Science and Technology Centers programs, to prevent
former Soviet biological weapons experts from emigrating to
proliferant states and to reconfigure former Soviet biological
weapons production facilities for peaceful uses.
GENERAL PROVISIONS—THIS CHAPTER
(INCLUDING TRANSFER OF FUNDS)
SEC. 301. Amounts available in the ‘‘Defense Emergency
Response Fund’’ (the ‘‘Fund’’) shall be available for the purposes
set forth in the 2001 Emergency Supplemental Appropriations Act
for Recovery from and Response 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 Department of
Defense, including activities of the National Foreign Intelligence
Program funded in defense appropriations 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 incurred for such purposes
between September 11 and September 30, 2001: Provided further,