Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002
PL 107-117 (H.R.3338), enacted 01/10/2002

115 STAT. 2230 
PUBLIC LAW 107-117^JAN. 10, 2002 
Public Law 107-117 
107th Congress 
An Act 
Jan. 10, 2002 
[H.R. 3338] 
Department of 
Defense and 
Emergency 
Supplemental 
Appropriations 
for Recovery from 
and Response to 
Terrorist Attacks 
on the United 
States Act, 2002. 
Department of 
Defense 
Appropriations 
Act, 2002. 
Making appropriations for the Department of Defense for the fiscal year ending 
September 30, 2002, and for other piirposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled. That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for the fiscal year ending September 
30, 2002, for military functions administered by the Department 
of Defense, and for other purposes, namely: 
DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS, 
2002 
TITLE I 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent 
change of station 
travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Army on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for pa5nnfients pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $23,752,384,000. 
MILITARY PERSONNEL, NAVY 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent 
change of station 
travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Navy on active duty (except members 
of the Reserve provided for elsewhere), midshipmen, and aviation 
cadets; and for pa3mients pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $19,551,484,000. 
MILITARY PERSONNEL, MARINE CORPS 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent change of station 
travel 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2231 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Marine Corps on active duty (except 
members of the Reserve provided for elsewhere); and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 
U.S.C. 402 note), and to the Department of Defense Military Retire-
ment Fund, $7,345,340,000. 
MILITARY PERSONNEL, AIR FORCE 
For pay, allowances, individual clothing, subsistence, interest 
on deposits, gratuities, permanent 
change of station 
travel 
(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty sta-
tions, for members of the Air Force on active duty (except members 
of reserve components provided for elsewhere), cadets, and aviation 
cadets; and for payments pursuant to section 156 of Public Law 
97-377, as amended (42 U.S.C. 402 note), and to the Department 
of Defense Military Retirement Fund, $19,724,014,000. 
RESERVE PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army Reserve on active 
duty under sections 10211, 10302, and 3038 of title 10, United 
States Code, or while serving on active duty under section 12301(d) 
of title 10, United States Code, in connection with performing 
duty specified in section 12310(a) of title 10, United States Code, 
or while undergoing reserve training, or while performing drills 
or equivalent duty or other duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 
of title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fund, $2,670,197,000. 
RESERVE PERSONNEL, NAVY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Navy Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty, and for 
members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and 
for payments to the Department of Defense Military Retirement 
Fund, $1,654,523,000. 
RESERVE PERSONNEL, MARINE CORPS 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Marine Corps Reserve 
on active duty under section 10211 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 
10, United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equivalent 
duty, and for members of the Marine Corps platoon leaders class, 
115 STAT. 2232 
PUBLIC LAW 107-117-^AN. 10, 2002 
and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Mihtary 
Retirement Fund, $471,200,000. 
RESERVE PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air Force Reserve on 
active duty under sections 10211, 10305, and 8038 of title 10, 
United States Code, or while serving on active duty under section 
12301(d) of title 10, United States Code, in connection with per-
forming duty specified in section 12310(a) of title 10, United States 
Code, or while undergoing reserve training, or while performing 
drills or equivalent duty or other duty, and for members of the 
Air Reserve Officers' Training Corps, and expenses authorized by 
section 16131 of title 10, United States Code; and for payments 
to 
the 
Department 
of Defense 
Military 
Retirement 
Fund, 
$1,061,160,000. 
NATIONAL GUARD PERSONNEL, ARMY 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Army National Guard 
while on duty under section 10211, 10302, or 12402 of title 10 
or section 708 of title 32, United States Code, or while serving 
on duty under section 12301(d) of title 10 or section 502(f) of 
title 32, United States Code, in connection with performing duty 
specified in section 12310(a) of title 10, United States Code, or 
while undergoing training, or while performing drills or equivalent 
duty or other duty, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department 
of Defense Military Retirement Fund, $4,041,695,000. 
NATIONAL GUARD PERSONNEL, AIR FORCE 
For pay, allowances, clothing, subsistence, gratuities, travel, 
and related expenses for personnel of the Air National Guard on 
duty under section 10211, 10305, or 12402 of title 10 or section 
708 of title 32, United States Code, or while serving on duty 
under section 12301(d) of title 10 or section 502(f) of title 32, 
United States Code, in connection with performing duty specified 
in section 12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent duty or 
other duty, and expenses authorized by section 16131 of title 10, 
United States Code; and for payments to the Department of Defense 
Military Retirement Fund, $1,784,654,000. 
TITLE II 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
(INCLUDING TRANSFER OF FUNDS) 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; 
and not to exceed $10,794,000 can be used for emergencies and 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2233 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Army, and payments may be made on 
his certificate of necessity for confidential military purposes, 
$22,335,074,000: Provided, That of the funds made available under 
this heading, $1,000,000, to remain available until expended, shall 
be transferred to "National Park Service—Construction" within 30 
days of the enactment of this Act, only for necessary infrastructure 
repair improvements at Fort Baker, under the management of 
the Golden Gate Recreation Area: Provided further. That of the 
funds appropriated in this paragraph, not less than $355,000,000 
shall be made available only for conventional ammunition care 
and maintenance. 
OPERATION AND MAINTENANCE, NAVY 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Navy and the Marine Corps, 
as authorized by law; and not to exceed $6,000,000 can be used 
for emergencies and extraordinary expenses, to be expended on 
the approval or authority of the Secretary of the Navy, and pay-
ments may be made on his certificate of necessity for confidential 
military purposes, $26,876,636,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Marine Corps, as authorized 
bylaw, $2,931,934,000. 
OPERATION AND MAINTENANCE, AIR FORCE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Air Force, as authorized by law; 
and not to exceed $7,998,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of the Air Force, and payments may be made 
on his certificate of necessity for confidential military purposes, 
$26,026,789,000: Provided, That notwithstanding any other provi-
sion of law, that of the funds available under this heading, $750,000 
shall only be available to the Secretary of the Air Force for a 
grant to Florida Memorial College for the purpose of funding 
minority aviation training. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For expenses, not otherwise provided for, necessary for the 
operation and maintenance of activities and agencies of the Depart-
ment of Defense (other than the military departments), as author-
ized by law, $12,773,270,000, of which not to exceed $25,000,000 
may be available for the CINC initiative fund account; and of 
which not to exceed $33,500,000 can be used for emergencies and 
extraordinary expenses, to be expended on the approval or authority 
of the Secretary of Defense, and payments may be made on his 
certificate of necessity for confidential military purposes: Provided, 
That notwithstanding any other provision of law, of the funds 
provided in this Act for Civil Military programs under this heading, 
$750,000 shall be available for a grant for Outdoor Odyssey, Roaring 
115 STAT. 2234 
PUBLIC LAW 107-117-JAN. 10, 2002 
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 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2235 
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 T R A N S F E R 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. 
89-194 O - 03 - 6 QL 3 Part 3 
115 STAT. 2236 
PUBLIC LAW 107-117-^AN. 10, 2002 
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. 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2237 
EhfVIRONMENTAL RESTORATION, D E F E N S E - W I D E 
(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. 
115 STAT. 2238 
PUBLIC LAW 107-117^JAN. 10, 2002 
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, 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2239 
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, $1,200,465,000, to 
remain available for obligation until September 30, 2004. 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and modification 
of vehicles, including tactical, support, and non-tracked combat 
vehicles; the purchase of not to exceed 29 passenger motor vehicles 
for replacement only; and the purchase of 3 vehicles required for 
physical security of personnel, notwithstanding price limitations 
applicable to passenger vehicles but not to exceed $200,000 per 
vehicle; communications and electronic equipment; other support 
equipment; spare parts, ordnance, 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, $4,183,736,000, to 
remain available for obligation until September 30, 2004. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of aircraft, equipment, including ordnance, spare 
parts, and accessories therefor; specialized equipment; 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 
equipment 
layaway, 
$7,938,143,000, to remain available for obligation until September 
30,2004. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modification, and 
modernization of missiles, torpedoes, other weapons, and related 
support equipment including spare parts, and accessories therefor; 
expansion of public and private plants, including the land necessary 
therefor, and such lands and interests therein, may be acquired, 
and 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, 
$1,429,592,000, to remain available for obligation until September 
30, 2004. 
115 STAT. 2240 
PUBLIC LAW 107-117—JAN. 10, 2002 
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. 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2241 
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 
115 STAT. 2242 
PUBLIC LAW 107-117^JAN. 10, 2002 
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 
PUBLIC LAW 107-117-JAN. 10, 2002 
115 STAT. 2243 
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 Deadline, 
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. 
115 STAT. 2244 
PUBLIC LAW 107-117-JAN. 10, 2002 
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE 
For expenses of activities and agencies of the Department of 
Defense (other than the miUtary departments), necessary for basic 
and appUed scientific research, development, test smd 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 
PUBLIC LAW 107-117-^JAN. 10, 2002 
115 STAT. 2245 
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, 
115 STAT. 2246 
PUBLIC LAW 107-117^JAN. 10, 2002 
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 pa5anents 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. 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2247 
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 
10 USC 1584 
prohibiting the payment of compensation to, or employment of, note. 
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 shsill 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 OfRcers' 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- Notification. 
retary of Defense shall notify the Congress promptly of all transfers 
115 STAT. 2248 
PUBLIC LAW 107-117-JAN. 10, 2002 
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. 
Notification. 
10 u s e 2306b 
note. 
(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. 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2249 
Reports. 
Deadline. 
10 u s e 401 note. 
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 Applicability. 
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 
Lobbying. 
115 STAT. 2250 
PUBLIC LAW 107-117-^AN. 10, 2002 
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: 
Applicability. 
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 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2251 
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 10USC2647 
be used to provide transportation for the next-of-kin of individuals note, 
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 10USC2687 
the current fiscal year, the Secretary of Defense may, by executive note. 
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 Reports, 
such executive agreement with a NATO member host nation shall Deadline. 
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. 
115 STAT. 2252 
PUBLIC LAW 107-117-^AN. 10, 2002 
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). 
5 use 6323 note. 
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 0MB 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. 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2253 
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, 
tjnited 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 
115 STAT. 2254 
PUBLIC LAW 107-117-^AN. 10, 2002 
Reports. 
Applicability. 
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. 
PUBLIC LAW 107-117-JAN. 10, 2002 
115 STAT. 2255 
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 tj^jes 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. 
Certification. 
41 u s e 10l>-2. 
Reports. 
(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 
115 STAT. 2256 
PUBLIC LAW 107-117-^AN. 10, 2002 
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. 
President. 
SEC. 8039. The President shall include with each budget for 
10 use 221 note, 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-l). 
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 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2257 
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, 
50 USC 403u 
transferred, or otherwise credited to the Central Intelligence Agency ^lo^. 
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). 
115 STAT. 2258 
PUBLIC LAW 107-117—JAN. 10, 2002 
(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 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2259 
(2) to pay the basic pay of a member of the Armed Forces 
or civihan 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 
115 STAT. 2260 
PUBLIC LAW 107-117—JAN. 10, 2002 
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. 
Deadline. 
SEC. 8060. (a) LIMITATION ON PENTAGON RENOVATION COSTS.— 
?n^loo^ol°r7"; 
No^ 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 
10 use 2674 
note 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2261 
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- AppHcabmty. 
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 
10 USC 374 note. 
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 50USC403f 
Agency for any fiscal year for drug interdiction and counter-drug note-
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. 
115 STAT. 2262 
PUBLIC LAW 107-117-^AN. 10, 2002 
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-
Applicability, 
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 inust 
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 
PUBLIC LAW 107-117-JAN. 10, 2002 
115 STAT. 2263 
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 Notice. 
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— 
Applicability. 
(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. 
115 STAT. 2264 
PUBLIC LAW 107-117-^AN. 10, 2002 
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 
Reports. 
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. 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2265 
SEC. 8078. For purposes of section 1553(b) of title 31, United Applicability. 
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, £ind 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. 
115 STAT. 2266 
PUBLIC LAW 107-117-JAN. 10, 2002 
(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 Elaiserslautem 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. 
31 use 3902 
SEC. 8084. Notwithstanding 31 U.S.C. 3902, during the current 
iiote- 
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 pa5mient 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, protot5T)ing, 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 them $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 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2267 
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. 
114 Stat. 702. 
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 Deadline, 
waiver under subsection (c), the Secretary of Defense shall submit 
89-194 O - 03 - 7 QL 3 Part 3 
115 STAT. 2268 
PUBLIC LAW 107-117^JAN. 10, 2002 
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(1)(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; 
"Mihtary 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. 
10 use 221 note. 
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 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2269 
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. 
115 STAT. 2270 
PUBLIC LAW 107-117^JAN. 10, 2002 
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 
D O D 
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. 
Notification. 
(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. 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2271 
(2) The term "information technology system" has the 
meaning given the term "information technology" in section 
5002 of the CHnger-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. L 
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 Alcohol and 
be used for the support of any nonappropriated funds activity alcoholic 
of the Department of Defense that procures malt beverages and io^u^c^2^488 
wine with nonappropriated funds for resale (including such alcoholic note. 
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- ApplicabiHty. 
erages and wine shall apply to all alcoholic beverages only for 
military installations in States which are not contiguous with 
115 STAT. 2272 
PUBLIC LAW 107-117-^AN. 10, 2002 
another State: Provided further. That alcohoHc 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. 
Regulations. 
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. 
Contracts. 
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. 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2273 
(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 (1) 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.).". 
Reports. 
Deadline. 
Applicability. 
10 u s e 113 note. 
115 STAT. 2274 
PUBLIC LAW 107-117—JAN. 10, 2002 
(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 0)(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 
Deadline. 
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. 
Contracts. 
SEC. 8122. In addition to amounts appropriated elsewhere in 
Claims. 
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 ATS, 
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 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2275 
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 lOUSCnote 
Act, $17,900,000 is hereby appropriated for the Secretary of Defense, prec. 2161. 
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 Rules, 
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 Notification, 
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 Notification, 
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 
115 STAT. 2276 
PUBLIC LAW 107-117—JAN. 10, 2002 
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; 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2277 
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 dehvery, 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; 
AGE 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. Gf the funds appropriated by this Act under the 
heading, "Gperation 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. CGLE: 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 
Gwitchyaa Zhee Corporation the lands withdrawn by Public Land Corporation. 
Grder No. 1996, Lot 1 of United States Survey 7008, Public Land 
Grder 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 Grder 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 Grder 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. 
115 STAT. 2278 
PUBLIC LAW 107-117-^AN. 10, 2002 
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. 
42 use 429 note. 
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 ihis 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. 
California. 
S E C . 8137. (a) DESIGNATION OF NATIONAL MEMORIAL.—The five-
16 use 431 note, 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 
PUBLIC LAW 107-117-^JAN. 10, 2002 
115 STAT. 2279 
for the administration of the Mojave National Preserve to acquire 
a repHca 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 Deadline, 
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— 
115 STAT. 2280 
PUBLIC LAW 107-117-^AN. 10, 2002 
(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 estabUshed 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. 
PUBLIC LAW 107-1 IT^JAN. 10, 2002 
115 STAT. 2281 
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 
Reports. 
Deadline. 
Deadline. 
115 STAT. 2282 
PUBLIC LAW 107-117^JAN. 10, 2002 
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, 
200L 
(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). 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2283 
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 Deadline. 
of Defense shall report to the congressional defense committees Reports. 
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). 
115 STAT. 2284 
PUBLIC LAW 107-1 IT^JAN. 10, 2002 
10 u s e 2401a 
note. 
Deadline. 
(c) Not later than 6 months after enactment of this Act, the 
Reports. 
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 0MB 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. 
Deadline. 
(B) A period of not less than 30 calendar days has 
elapsed after submitting the report. 
Deadline. 
(7) Not later than 1 year after the date on which the 
Reports. 
first aircraft is delivered under this Pilot Program, and yearly 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2285 
thereafter on the anniversary of the first deUvery, 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 pa3anents 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; 
115 STAT. 2286 
PUBLIC LAW 107-117—JAN. 10, 2002 
Reports. 
Deadline. 
Deadline. 
Reports. 
(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. 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2287 
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 Pubhc 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, 
115 STAT. 2288 
PUBLIC LAW 107-117-^AN. 10, 2002 
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. 
Deadline. 
SEC. 8171. Not later than 180 days after the date of enactment 
Reports. 
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. 
Deadline. 
(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 
PUBLIC LAW 107-1 IT^JAN. 10, 2002 
115 STAT. 2289 
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 Deadline, 
days of enactment of this Act, the Secretary of Defense shall provide Reports. 
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 
115 STAT. 2290 
PUBLIC LAW 107-117—JAN. 10, 2002 
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". 
Emergency 
DIVISION B—TRANSFERS FROM THE EMERGENCY 
Supplemental 
RESPONSE FUND PURSUANT TO PUBLIC LAW 107-38 
Act, 2002. 
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", 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2291 
$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 Deadline, 
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 Ante, p. 730. 
"Food and Drug Administration, Salaries and Expenses" by striking 
"$13,207,000" and inserting "$13,357,000". 
115 STAT. 2292 
PUBLIC LAW 107-117^JAN. 10, 2002 
SEC. 102. Section 741(b) of the Agriculture, Rural Development, 
Food and Drug Administration, and Related Agencies Appropria-
Ante, p. 737. 
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. 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2293 
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. 
115 STAT. 2294 
PUBLIC LAW 107-117-^AN. 10, 2002 
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. 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2295 
CONSTRUCTION OF RESEARCH FACILITIES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Construction of Research 
FaciUties", $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 
115 STAT. 2296 
PUBLIC LAW 107-117^JAN. 10, 2002 
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. 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2297 
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 
115 STAT. 2298 
PUBLIC LAW 107-117-^JAN. 10, 2002 
following the date of enactment and to the extent the costs of 
such reduced fees are offset by appropriations provided by this 
Act. 
Deadline. 
SEC. 204. Not later than April 1, 2002, the Secretary of State 
Reports. 
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, 
Ante, p. 784. 
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, 
33 use 857-19 
2002 (Public Law 107-77) is amended in the proviso under the 
iiote. 
heading "Commission on Ocean Policy" by striking "appointment" 
and inserting "the first meeting of the Commission". 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2299 
SEC. 208. Section 626(c) of the Departments of Commerce, 
Justice, and State, the Judiciary and Related Agencies Appropria-
tions Act, 2002 (PubHc Law 107-77) is amended by striking 28USC1605. 
"1:00CV03110(ESG)" and inserting "1:00CV03110(EGS)". 
CHAPTERS 
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. 
89-194 0 -03-8 QL 3 Part 3 
115 STAT. 2300 
PUBLIC LAW 107-117^JAN. 10, 2002 
That the Secretary of Defense may transfer to the Fund amounts 
from any current appropriation made available in defense appro-
priations acts, only for the purpose of adjusting and liquidating 
obligations properly chargeable to the Fund: Provided further. That 
the authority granted in the preceding proviso shall only be exer-
cised after the Secretary of Defense makes a determination that 
amounts in the Fund are insufficient to liquidate obligations made 
using appropriations in the Fund, and not prior to 30 days after 
notifying the congressional defense committees in writing regarding 
each proposed transfer of funds: Provided further. That in order 
to carry out the specified purposes under this heading, the Secretary 
of Defense may transfer funds from the Fund to any defense appro-
priation account enacted in appropriations acts, including "Support 
for International Sporting Competitions, Defense": 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 
Deadlines. 
Defense: Provided further. That within 30 days of enactment of 
Reports. 
this Act, and quarterly thereafter, the Secretary of Defense and 
the Director of Central Intelligence shall each provide to the Con-
gress a report (in unclassified and classified form, as needed) speci-
fying the projects and accounts to which funds provided in this 
chapter are to be transferred. 
SEC. 302. Amounts in the appropriation account "Support for 
International Sporting Competitions, Defense", may be used to sup-
port essential security and safety for the 2002 Winter Olympic 
Games in Salt Lake City, Utah, without the certification required 
under subsection 10 U.S.C. 2564(a): Provided, That the term "active 
duty", in section 5802 of Public Law 104-208 shall include State 
active duty and full-time National Guard duty performed by mem-
bers of the Army National Guard and Air National Guard in connec-
tion with providing essential security and safety support to the 
2002 Winter Olympic Games and logistical and security support 
to the 2002 Paralympic Games. 
SEC. 303. Funds appropriated by this Act, or made available 
by the transfer of funds in this Act, for intelligence activities are 
deemed to be specifically authorized by the Congress for purposes 
of section 504 of the National Security Act of 1947 (50 U.S.C. 
414). 
SEC. 304. Notwithstanding any other provision of law, of the 
amounts appropriated in Public Law 107-38 which remained avail-
able in the Defense Emergency Response Fund on December 18, 
2001, not to exceed $100,000,000 may be available for payments 
to Pakistan and Jordan for logistical and military support provided, 
or to be provided, to United States military operations in connection 
with Operation Enduring Freedom: Provided, That such payments 
may be made in amounts as the Secretary may determine in his 
discretion, and such determination is final and conclusive upon 
the accounting officers of the United States. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 305. (a) During the current fiscal year, $475,000,000 of 
appropriations provided in this Act shall be transferred to the 
Pentagon 
Reservation Maintenance 
Revolving Fund 
only to 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2301 
reconstruct the Pentagon Reservation and for related activities as 
a result of the events of September 11, 2001. 
(b) In addition to the amounts provided in subsection (a) or 
otherwise appropriated in this Act, out of funds appropriated by 
Public Law 107-38 but not subject to subsequent enactment, not 
subject to the restrictions of the fifth proviso of that Act, and 
not transferred 
before 
December 
18, 2001, the amount of 
$300,000,000 is transferred to the Pentagon Reservation Mainte-
nance Revolving Fund only to finance accelerated building renova-
tion activities for military command centers and related activities 
at the Pentagon Reservation in order to accelerate completion of 
the currently planned Pentagon renovation project by up to 4 years: 
Provided, That notwithstanding any other provision of law, funds 
allocated and transferred under this section shall be made available 
until expended: Provided further. That the cost to accelerate renova-
tion activities for military command centers and related activities 
at the Pentagon Reservation shall not be included in any cost 
cap applicable to the Pentagon renovation: Provided further. That 
the transfer authority provided under this section is in addition 
to any other transfer authority available to the Department of 
Defense. 
(TRANSFER OF FUNDS) 
SEC. 306. Notwithstanding any other provision of law or this 
Act, of the funds unobligated in all fiscal year 2002 appropriations 
accounts in titles III and IV of division A of this Act, up to IV2 
percent of these funds shall be available for transfer to the Oper-
ation and Maintenance accounts of the Department of Defense 
for such costs incurred in support of Operations Enduring Freedom 
and Noble Anvil: Provided, That the Secretary of Defense shall 
notify the Committees on Appropriations of the House and Senate 
of transfers made pursuant to this section not later than 15 days 
after any such transfer is made: Provided further. That the transfer 
authority provided under this section is in addition to any other 
transfer authority available to the Department of Defense: Provided 
further. That the transfer authority available under this section 
may be utilized only after all other funds made available to the 
Department of Defense pursuant to Public Law 107-38 have been 
obligated: Provided further. That no congressional interest item 
may be reduced for the purposes of this section: Provided further. 
That such authority to transfer shall expire on April 30, 2002. 
SEC. 307. During fiscal year 2002 the President, acting by 
and with the consent of the Senate, is authorized to appoint a 
commissioned officer of the Armed Forces, in active status, to the 
Office of Deputy Administrator of the National Aeronautics and 
Space Administration 
notwithstanding 
section 202(b) of the 
National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)). 
If so appointed, the provisions of section 403(c)(3), (4), and (5) 
of title 50, United States Code, shall be applicable while the commis-
sioned officer serves as Deputy Administrator in the same manner 
and extent as if the officer was serving in a position specified 
in section 403(c) of title 50, United States Code, except that the 
officer's military pay and allowances shall be reimbursed from funds 
available to the National Aeronautics and Space Administration. 
Notification. 
Deadline. 
Expiration date. 
42 u s e 2472 
note. 
115 STAT. 2302 
PUBLIC LAW 107-117—JAN. 10, 2002 
CHAPTER 4 
DISTRICT OF COLUMBIA 
FEDERAL FUNDS 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR PROTECTIVE 
CLOTHING AND BREATHING APPARATUS 
For a Federal payment to the District of Columbia for protective 
clothing and breathing apparatus, to be obligated from amounts 
made available in Public Law 107-38 and to remain available 
until September 30, 2003, $7,144,000, of which $922,000 is for 
the Fire and Emergency Medical Services Department, $4,269,000 
is for the Metropolitan Police Department, $1,500,000 is for the 
Department of Health, and $453,000 is for the Department of 
Public Works. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SPECIALIZED 
HAZARDOUS MATERIALS EQUIPMENT 
For a Federal payment to the District of Columbia for special-
ized hazardous materials equipment, to be obligated from amounts 
made available in Public Law 107-38 and to remain available 
until September 30, 2003, $1,032,000, for the Fire and Emergency 
Medical Services Department. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR CHEMICAL 
AND BIOLOGICAL WEAPONS PREPAREDNESS 
For a Federal payment to the District of Columbia for chemical 
and biological weapons preparedness, to be obligated from amounts 
made available in Public Law 107-38 and to remain available 
until September 30, 2003, $10,355,000, of which $205,000 is for 
the Fire and Emergency Medical Services Department, $258,000 
is for the Metropolitan Police Department, and $9,892,000 is for 
the Department of Health. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR 
PHARMACEUTICALS FOR RESPONDERS 
For a Federal payment to the District of Columbia for pharma-
ceuticals for responders, to be obligated from amounts made avail-
able in Public Law 107-38 and to remain available until September 
30, 2003, $2,100,000, for the Department of Health. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR RESPONSE 
AND COMMUNICATIONS CAPABILITY 
For a Federal payment to the District of Columbia for response 
and communications capability, to be obligated from amounts made 
available in Public Law 107-38 and to remain available until Sep-
tember 30, 2003, $14,960,000, of which $7,755,000 is for the Fire 
and Emergency Medical Services Department, $5,855,000 is for 
the Metropolitan Police Department, $113,000 is for the Department 
of Public Works Division of Transportation, $58,000 is for the Office 
of Property Management, $60,000 is for the Department of Public 
Works, $750,000 is for the Department of Health, $309,000 is 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2303 
for the Department of Human Services, and $60,000 is for the 
Department of Parks and Recreation. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SEARCH, 
RESCUE AND OTHER EMERGENCY EQUIPMENT AND SUPPORT 
For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for search, rescue 
and other emergency equipment and support, $8,850,000, of which 
$5,442,000 is for the Metropolitan Police Department, $208,000 
is for the Fire and Emergency Medical Services Department, 
$398,500 is for the Department of Consumer and Regulatory Affairs, 
$1,178,500 is for the Department of Public Works, $542,000 is 
for the Department of Human Services, and $1,081,000 is for the 
Department of Mental Health. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EQUIPMENT, 
SUPPLIES AND VEHICLES FOR THE OFFICE OF THE CHIEF MEDICAL 
EXAMINER 
For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for equipment, sup-
plies and vehicles for the Office of the Chief Medical Examiner, 
$1,780,000. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBDV FOR HOSPITAL 
CONTAINMENT FACILITIES FOR THE DEPARTMENT OF HEALTH 
For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for hospital contain-
ment facilities for the Department of Health, $8,000,000. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR THE OFFICE 
OF THE CHIEF TECHNOLOGY OFFICER 
For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for the Office of 
the Chief Technology Officer, $45,494,000, for a first response land-
line and wireless interoperability project, of which $1,000,000 shall 
be used to initiate a comprehensive review, by a non-vendor con-
tractor, of the District's current technology-based systems and to 
develop a plan for integrating the communications systems of the 
District of Columbia Metropolitan Police and Fire and Emergency 
Medical Services Departments with the systems of local, regional 
and Federal law enforcement agencies, including but not limited 
to the United States Capitol Police, United States Park Police, 
United States Secret Service, Federal Bureau of Investigation, Fed-
eral Protective Service, and the Washington Metropolitan Area 
Transit Authority Police: Provided, That such plan shall be sub- Deadline, 
mitted to the Committees on Appropriations of the Senate and 
the House of Representatives no later than June 15, 2002. 
115 STAT. 2304 
PUBLIC LAW 107-117-JAN. 10, 2002 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EMERGENCY 
TRAFFIC MANAGEMENT 
For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for emergency traffic 
management, $20,700,000, for the Department of Public Works 
Division of Transportation, of which $14,000,000 is to upgrade 
traffic light controllers, $4,700,000 is to establish a video traffic 
monitoring system, and $2,000,000 is to disseminate traffic informa-
tion. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR TRAINING 
AND PLANNING 
For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for training and 
planning, $9,949,000, of which $4,400,000 is for the Fire and Emer-
gency Medical Services Department, $990,000 is for the Metropoli-
tan Police Department, $1,200,000 is for the Department of Health, 
$200,000 is for the Office of the Chief Medical Examiner, $500,000 
is for the Office of Property Management, $500,000 is for the 
Department of Mental Health, $469,000 is for the Department 
of Consumer and Regulatory Affairs, $240,000 is for the Department 
of Public Works, $600,000 is for the Department of Human Services, 
$100,000 is for the Department of Parks and Recreation, and 
$750,000 is for the Division of Transportation. 
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR INCREASED 
FACILITY SECURITY 
For a Federal payment to the District of Columbia, to be 
obligated from amounts made available in Public Law 107-38 and 
to remain available until September 30, 2003, for increased facility 
security, $25,536,000, of which $3,900,000 is for the Emergency 
Management Agency, $14,575,000 is for the public schools, and 
$7,061,000 is for the Office of Property Management. 
FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA 
TRANSIT AUTHORITY 
For a Federal payment to the Washington Metropolitan Area 
Transit Authority to meet region-wide security requirements, a 
contribution of $39,100,000, to be obligated from amounts made 
available in Public Law 107-38 and to remain available until Sep-
tember 30, 2003, of which $5,000,000 shall be used for protective 
clothing and breathing apparatus, $2,200,000 shall be for comple-
tion of the fiber optic network project, $15,000,000 shall be for 
a chemical emergency sensor program, and $16,900,000 shall be 
for increased employee and facility security. 
FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON COUNCIL 
OF GOVERNMENTS 
For a Federal payment to the Metropolitan Washington Council 
of Governments to enhance regional emergency preparedness, 
coordination and response, $5,000,000, to be obligated from amounts 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2305 
made available in Public Law 107-38 and to remain available 
until September 30, 2003, of which $1,500,000 shall be used to 
contribute to the development of a comprehensive regional emer-
gency preparedness, coordination and response plan, $500,000 shall 
be used to develop a critical infrastructure threat assessment model, 
$500,000 shall be used to develop and implement a regional commu-
nications plan, and $2,500,000 shall be used to develop protocols 
and procedures for training and outreach exercises. 
DISTRICT OF COLUMBIA FUNDS 
DIVISION OF EXPENSES 
The following amounts are appropriated for the District of 
Columbia for the current fiscal year out of the general fund of 
the District of Columbia and shall remain available until September 
30, 2003. 
For Protective Clothing and Breathing Apparatus, to remain 
available until September 30, 2003, $7,144,000, of which $922,000 
is for the Fire and Emergency Medical Services Department, 
$4,269,000 is for the Metropolitan Police Department, $1,500,000 
is for the Department of Health, and $453,000 is for the Department 
of Public Works. 
For Specialized Hazardous Materials Equipment, to remain 
available until September 30, 2003, $1,032,000, for the Fire and 
Emergency Medical Services Department. 
For Chemical and Biological Weapons Preparedness, to remain 
available until September 30, 2003, $10,355,000, of which $205,000 
is for the Fire and Emergency Medical Services Department, 
$258,000 is for the MetropoHtan Police Department, and $9,892,000 
is for the Department of Health. 
For Pharmaceuticals for Responders, to remain available until 
September 30, 2003, $2,100,000, for the Department of Health. 
For Response and Communications capability, to remain avail-
able until September 30, 2003, $14,960,000, of which $7,755,000 
is for the Fire and Emergency Medical Services Department, 
$5,855,000 is for the Metropolitan Police Department, $113,000 
is for the Department of Public Works Division of Transportation, 
$58,000 is for the Office of Property Management, $60,000 is for 
the Department of Public Works, $750,000 is for the Department 
of Health, $309,000 is for the Department of Human Services, 
and $60,000 is for the Department of Parks and Recreation. 
For search, rescue and other emergency equipment and support, 
to remain available until September 30, 2003, $8,850,000, of which 
$5,442,000 is for the Metropolitan Police Department, $208,000 
is for the Fire and Emergency Medical Services Department, 
$398,500 is for the Department of Consumer and Regulatory Affairs, 
$1,178,500 is for the Department of Public Works, $542,000 is 
for the Department of Human Services, and $1,081,000 is for the 
Department of Mental Health. 
For equipment, supplies and vehicles, to remain available until 
September 30, 2003, for the Office of the Chief Medical Examiner, 
$1,780,000. 
For hospital containment facilities, to remain available until 
September 30, 2003, for the Department of Health, $8,000,000. 
For the Office of the Chief Technology Officer, to remain avail-
able until September 30, 2003, $45,494,000 is for a first response 
115 STAT. 2306 
PUBLIC LAW 107-117^JAN. 10, 2002 
land-line and wireless interoperability project, of which $1,000,000 
shall be used to initiate a comprehensive review by a non-vendor 
contractor of the District's current technology-based systems and 
to develop a plan for integrating the communications systems of 
the District of Columbia Metropolitan Police and Fire and Emer-
gency Medical Services Departments with the systems of local, 
regional and Federal law enforcement agencies, including, but not 
limited to the United States Capitol Police, United States Park 
Police, United States Secret Service, Federal Bureau of Investiga-
tion, Federal Protective Service, and the Washington Metropolitan 
Deadline. 
Area Transit Authority Police: Provided, That such plan shall be 
submitted to the Committees on Appropriations of the Senate and 
the House of Representatives no later than June 15, 2002. 
For emergency traffic management, to remain available until 
September 30, 2003, $20,700,000 is for the Department of Public 
Works Division of Transportation, of which $14,000,000 is to 
upgrade traffic light controllers, $4,700,000 is to establish a video 
traffic monitoring system, and $2,000,000 is to disseminate traffic 
information. 
For training and planning, to remain available until September 
30, 2003, $9,949,000, of which $4,400,000 is for the Fire and Emer-
gency Medical Services Department, $990,000 is for the Metropoli-
tan Police Department, $1,200,000 is for the Department of Health, 
$200,000 is for the Office of the Chief Medical Examiner, $500,000 
is for the Office of Property Management, $500,000 is for the 
Department of Mental Health, $469,000 is for the Department 
of Consumer and Regulatory Affairs, $240,000 is for the Department 
of Public Works, $600,000 is for the Department of Human Services, 
$100,000 is for the Department of Parks and Recreation, and 
$750,000 is for the Division of Transportation. 
For increased facility security, to remain available until Sep-
tember 30, 2003, $25,536,000, of which $3,900,000 is for the Emer-
gency Management Agency, $14,575,000 for the public schools, and 
$7,061,000 for the Office of Property Management. 
Reports. 
Deadline. 
Deadline. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 401. Notwithstanding any other provision of law, the 
Chief Financial Officer of the District of Columbia may transfer 
up to 5 percent of the funds appropriated to the District of Columbia 
in this chapter between these accounts: Provided, That no such 
transfer shall take place unless the Chief Financial Officer of the 
District of Columbia notifies in writing the Committees on Appro-
priations of the Senate and the House of Representatives 30 days 
in advance of such transfer. 
SEC. 402. The Chief Financial Officer of the District of 
Columbia, the Chief Financial Officer of the Washington Metropoli-
tan Area Transit Authority and the Executive Director of the Metro-
politan Washington Council of Governments shall provide quarterly 
reports to the President and the Committees on Appropriations 
of the Senate and the House of Representatives on the use of 
the funds under this chapter beginning no later than March 15, 
2002. 
SEC. 403. Notwithstanding any other provision of law, all 
amounts under this chapter shall be apportioned quarterly by the 
Office of Management and Budget: Provided, That all such funds 
shall be made available no later than September 30, 2002. 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2307 
SEC. 404. In the Fiscal Year 2002 District of Columbia Appro-
priations Act under the heading "Administrative Provisions, Pay-
ments for Representation of Indigents" under subsection (c), strike Ante, p. 929. 
all after "March 1, 2002." through "'3600'.". 
CHAPTERS 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
OPERATION AND MAINTENANCE, GENERAL 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Operation and Mainte-
nance, General", $139,000,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38. 
DEPARTMENT OF THE INTERIOR 
BUREAU OF RECLAMATION 
WATER AND RELATED RESOURCES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Water and Related 
Resources", $30,259,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-
38. 
DEPARTMENT OF ENERGY 
ATOMIC ENERGY DEFENSE ACTIVITIES 
NATIONAL NUCLEAR SECURITY ADMINISTRATION 
WEAPONS ACTIVITIES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses 
to increase the security of the Nation's nuclear weapons complex, 
for "Weapons Activities", $131,000,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38. 
DEFENSE NUCLEAR NONPROLIFERATION 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses 
to increase the security of the Nation's nuclear weapons complex, 
for "Defense Nuclear Nonproliferation", $226,000,000, to remain 
available until expended, to be obligated from amounts made avail-
able in Public Law 107-38. 
115 STAT. 2308 
PUBLIC LAW 107-117-JAN. 10, 2002 
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES 
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Defense Environmental 
Restoration and Waste Management", $8,200,000, to remain avail-
able until expended, to be obligated from amounts made available 
in Public Law 107-38. 
OTHER DEFENSE ACTIVITIES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses 
necessary to support activities related to countering potential 
biological threats to civilian populations, for "Other Defense Activi-
ties", $3,500,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
INDEPENDENT AGENCY 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and for other expenses 
to increase the security of the Nation's nuclear power plants, for 
"Salaries and Expenses", $36,000,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38: Provided, That the funds appropriated herein shall 
be excluded from license fee revenues, notwithstanding 42 U.S.C. 
2214. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 501. Of the funds provided in this or any other Act 
for "Defense Environmental Restoration and Waste Management" 
at the Department of Energy, up to $500,000 may be available 
to the Secretary of Energy for safety improvements to roads along 
the shipping route to the Waste Isolation Pilot Plant site. 
SEC. 502. NUTWOOD LEVEE, ILLINOIS. The Energy and Water 
Development Appropriations Act, 2002 (Public Law 107-66) is 
amended under the heading "Title I, Department of Defense— 
Civil, Department of the Army, Corps of Engineers—Civil, Construc-
Ante, p.490. 
tion. General" by inserting after "$3,500,000" but before the "." 
": Provided further, That using $400,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, may initiate construction on the Nutwood Levee, Illinois 
project". 
SEC. 503. The Reclamation Safety of Dams Act of 1978 (43 
U.S.C. 509) is amended as follows: 
43 use 508. 
(1) by inserting in section 4(c) after "2000," and before 
"costs" the following: "and the additional $32,000,000 further 
authorized to be appropriated by amendments to the Act in 
2001,"; and 
43 use 509. 
(2) by inserting in section 5 after "levels)," and before 
"plus" the following: "and, effective October 1, 2001, not to 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2309 
exceed an additional $32,000,000 (October 1, 2001, price 
levels),". 
SEC. 504. JiCARiLLA, NEW MEXICO, MUNICIPAL WATER SYSTEM. 
Public Law 107-66 is amended— 
(1) under the heading of "Title I, Department of Defense— Ante, p. 489. 
Civil, Department of the Army, Corps of Engineers—Civil, 
Construction, General"— 
(A) by 
striking 
"Provided 
further, 
That 
using 
$2,500,000 of the funds provided herein, the Secretary of 
the Army, acting through the Chief of Engineers, is directed 
to proceed with a final design and initiate construction 
for the repair and replacement of the Jicarilla Municipal 
Water System in the town of Dulce, New Mexico:"; and 
(B) insert at the end before the period the following: 
": Provided further. That using funds provided herein, the 
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to transfer $2,500,000 to the Secretary 
of the Interior for the Bureau of Reclamation to proceed 
with the Jicarilla Municipal Water System in the town 
of Dulce, New Mexico"; and 
(2) under the heading of "Title II, Department of the Ante, p. 498. 
Interior, Bureau of Reclamation, Water and Related Resources, 
(Including the Transfer of Funds)", insert at the end before 
the period the following: ": Provided further. 
That using 
$2,500,000 of the funds provided herein, the Secretary of the 
Interior is directed to proceed with a final design and initiate 
construction for the repair and replacement of the Jicarilla 
Municipal Water System in the town of Dulce, New Mexico". 
SEC. 505. (a) OCCOQUAN RIVER, VIRGINIA.—The project for 
navigation, Occoquan Creek, Virginia, authorized by the first section 
of the Act entitled "An Act making appropriations for the construc-
tion, repair, and preservation of certain public works on rivers 
and harbors, and for other purposes", approved September 19, 1890 
(26 Stat. 440), is modified to direct the Secretary of the Army— 
(1) to deepen the project to a depth of 9 feet; and 
(2) to widen the project between Channel Marker Number 
2 and the bridge at United States Route 1 to a width of 
200 feet. 
(b) AVAILABILITY OF FUNDS.—^Amounts appropriated to carry 
out the project referred to in subsection (a) by the Energy and 
Water Development Appropriations Act, 2001 (as enacted into law 
by Public Law 106-377), shall be made available to carry out 
the modifications to the project under subsection (a). 
(c) PROJECT REDESIGNATION.— 
(1) IN GENERAL.—The project referred to in subsection (a) 
shall be known and designated as the "project for navigation, 
Occoquan River, Virginia". 
(2) REFERENCES.—^Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the 
project referred to in subsection (a) shall be deemed to be 
a reference to the "project for navigation, Occoquan River, 
Virginia". 
115 STAT. 2310 
PUBLIC LAW 107-117-^AN. 10, 2002 
CHAPTER 6 
BILATERAL ECONOMIC ASSISTANCE 
FUNDS APPROPRIATED TO THE PRESIDENT 
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT 
INTERNATIONAL DISASTER ASSISTANCE 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "International Disaster 
Assistance", $50,000,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-
38, for humanitarian and reconstruction activities in Afghanistan. 
CHAPTER 7 
DEPARTMENT OF THE INTERIOR 
NATIONAL PARK SERVICE 
OPERATION O F THE NATIONAL PARK SYSTEM 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Operation of the National 
Park System", $10,098,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38. 
UNITED STATES PARK POLICE 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for the "United States Park 
Police", $25,295,000, to remain available until expended, to be obli-
gated 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", 
$21,624,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38: Provided, 
That notwithstanding any other provision of law, single but separate 
procurements for the construction of security improvements at the 
Washington Monument, for security improvements at the Lincoln 
Memorial, and for security improvements at the Jefferson Memorial, 
may be issued that include the full scope of each project, except 
that each solicitation and contract shall contain the clause "avail-
ability of funds" found at section 52.232.18 of title 48, Code of 
Federal Regulations. 
DEPARTMENTAL OFFICES 
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", 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2311 
$2,205,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38, for the working 
capital fund of the Department of the Interior. 
OTHER RELATED AGENCIES 
SMITHSONIAN INSTITUTION 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Salaries and Expenses" 
of the Smithsonian Institution, $21,707,000, to remain available 
until expended, to be obligated from amounts made available in 
Public Law 107-38. 
NATIONAL GALLERY OF ART 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Salaries and Expenses" 
of the National Gallery of Art, $2,148,000, to remain available 
until expended, to be obligated from amounts made available in 
Public Law 107-38. 
JOHN F . KENNEDY CENTER FOR THE PERFORMING ARTS 
OPERATIONS AND MAINTENANCE 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Operations and Mainte-
nance" of the John F. Kennedy Center for the Performing Arts, 
$4,310,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38, 
NATIONAL CAPITAL PLANNING COMMISSION 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Salaries and Expenses" 
of the National Capital Planning Commission, $758,000, to be obli-
gated from amounts made available in Public Law 107-38. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 701. (a) IN GENERAL.—The Secretary of the Smithsonian Historic 
Institution shall collect and preserve in the National Museum of preservation. 
American History artifacts relating to the September 11th attacks 
20 USC 50 note, 
on the World Trade Center and the Pentagon. 
(b) TYPES OF ARTIFACTS.—In carrying out subsection (a), the 
Secretary of the Smithsonian Institution shall consider collecting 
and preserving— 
(1) pieces of the World Trade Center and the Pentagon; 
(2) still and video images made by private individuals 
and the media; 
(3) personal narratives of survivors, rescuers, and govern-
ment officials; and 
115 STAT. 2312 
PUBLIC LAW 107-117-JAN. 10, 2002 
(4) other artifacts, recordings, and testimonials that the 
Secretary of the Smithsonian Institution determines have 
lasting historical significance. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Smithsonian Institution $5,000,000 to 
carry out this section. 
SEC. 702. Section 29 of Public Law 92-203, as enacted under 
section 4 of Public Law 94-204 (43 U.S.C. 1626), is amended by 
adding at the end of subsection (e) the following: 
"(4)(A) Congress confirms that Federal procurement pro-
grams for tribes and Alaska Native Corporations are enacted 
pursuant to its authority under Article I, Section 8 of the 
United States Constitution. 
"(B) Contracting with an entity defined in subsection (e)(2) 
of this section or section 3(c) of Public Law 93-262 shall be 
credited towards the satisfaction of a contractor's obligations 
under section 7 of Public Law 87-305. 
"(C) Any entity that satisfies subsection (e)(2) of this section 
that has been certified under section 8 of Public Law 85-
536 is a Disadvantaged Business Enterprise for the purposes 
of Public Law 105-178.". 
CHAPTER 8 
DEPARTMENT OF LABOR 
EMPLOYMENT AND TRAINING ADMINISTRATION 
TRAINING AND EMPLOYMENT SERVICES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Training and employment 
services", $32,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: 
Provided, That such amount shall be provided to the Consortium 
for Worker Education, established by the New York City Central 
Labor Council and the New York City Partnership, for an Emer-
gency Employment Clearinghouse. 
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE 
OPERATIONS 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "State Unemployment 
Insurance and Employment Service Operations", $4,100,000, to 
remain available until expended, to be obligated from amounts 
made available in Public Law 107-38. 
WORKERS COMPENSATION PROGRAMS 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Workers Compensation 
Programs", $175,000,000, to remain available until expended, to 
be obligated from amounts made available in Public Law 107-
38: Provided, That, of such amount, $125,000,000 shall be for pay-
ment to the New York State Workers Compensation Review Board, 
for the processing of claims related to the terrorist attacks: Provided 
further. That, of such amount, $25,000,000 shall be for pa3anent 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2313 
to the New York State Uninsured Employers Fund, for reimburse-
ment of claims related to the terrorist attacks: Provided 
further, 
That, of such amount, $25,000,000 shall be for payment to the 
New York State Uninsured Employers Fund, for reimbursement 
of claims related to the first response emergency services personnel 
who were injured, were disabled, or died due to the terrorist attacks. 
PENSION AND WELFARE BENEFITS ADMINISTRATION 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$1,600,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$1,000,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
DEPARTMENTAL MANAGEMENT 
SALARIES A N D EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$5,880,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
DISEASE CONTROL, RESEARCH, AND TRAINING 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "Disease control, research, 
and training" for baseline safety screening for the emergency serv-
ices personnel and rescue and recovery personnel, $12,000,000, 
to remain available until expended, to be obligated from amounts 
made available in Public Law 107-38. 
OFFICE OF THE SECRETARY 
PUBLIC H E A L T H A N D SOCIAL SERVICES EMERGENCY FUND 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, to provide grants to public 
entities, not-for-profit entities, and Medicare and Medicaid enrolled 
suppliers and institutional providers to reimburse for health care 
related expenses or lost revenues directly attributable to the public 
health emergency resulting from the September 11, 2001, terrorist 
acts, for "Public Health and Social Services Emergency Fund", 
$140,000,000, to remain available until expended, to be obligated 
115 STAT. 2314 
PUBLIC LAW 107-117^JAN. 10, 2002 
from amounts made available in Public Law 107-38: Provided, 
That none of the costs have been reimbursed or are eligible for 
reimbursement from other sources. 
For emergency expenses necessary to support activities related 
to countering potential biological, disease, and chemical threats 
to civilian populations, for "Public Health and Social Services Emer-
gency Fund", $2,504,314,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38. Of this amount, $865,000,000 shall be for the Centers for 
Disease Control and Prevention for improving State and local 
capacity; $135,000,000 shall be for grants to improve hospital 
capacity to respond to bioterrorism; $100,000,000 shall be for 
upgrading capacity at the Centers for Disease Control and Preven-
tion, including research: Provided, That up to $10,000,000 of this 
amount shall be for the tracking and control of biological pathogens; 
$85,000,000 shall be for the National Institute of Allergy and Infec-
tious Diseases for bioterrorism-related research and development 
and other related needs; $70,000,000 shall be for the National 
Institute of Allergy and Infectious Diseases for the construction 
of a 
biosafety 
laboratory 
and 
related 
infrastructure 
costs; 
$593,000,000 shall be for the National Pharmaceutical Stockpile; 
$512,000,000 shall be for the purchase of smallpox vaccine; 
$71,000,000 shall be for improving laboratory security at the 
National Institutes of Health and the Centers for Disease Control 
and Prevention; $7,500,000 shall be for environmental hazard con-
trol activities conducted by the Centers for Disease Control and 
Prevention; $10,000,000 shall be for the Substance Abuse and 
Mental Health Services Administration; and $55,814,000 shall be 
for bioterrorism preparedness and disaster response activities in 
the Office of the Secretary. At the discretion of the Secretary, 
these amounts may be transferred between categories subject to 
normal reprogramming procedures. 
DEPARTMENT OF EDUCATION 
SCHOOL 
IMPROVEMENT PROGRAMS 
For emergency expenses to provide education-related services 
to local educational agencies in which the learning environment 
has been disrupted due to a violent or traumatic crisis, for the 
Project 
School 
Emergency 
Response 
to 
Violence 
program, 
$10,000,000, to remain available until expended, and to be obligated 
from amounts made available in Public Law 107-38. 
RELATED AGENCIES 
NATIONAL LABOR RELATIONS BOARD 
SALARIES A N D EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$180,000, to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38. 
PUBLIC LAW 107-117-JAN. 10, 2002 
115 STAT. 2315 
SOCIAL SECURITY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Limitation on Adminis-
trative Expenses", $7,500,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38. 
CHAPTER 9 
LEGISLATIVE BRANCH 
JOINT ITEMS 
LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND 
( I N C L U D I N G TRANSFER OF FUNDS) 
For emergency expenses to respond to the terrorist attacks 
on the United States, $256,081,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38: Provided, That $34,500,000 shall be transferred to 
"Senate", "Sergeant at Arms and Doorkeeper of the Senate", and 
shall be obligated with the prior approval of the Senate Committee 
on Appropriations: Provided further, 
That $41,712,000 shall be 
transferred to "House of Representatives", "Salaries and Expenses", 
and shall be obligated with the prior approval of the House Com-
mittee on Appropriations: Provided further. That $31,000,000 shall 
be transferred to "Capitol Police Board", "Capitol Police", "General 
Expenses": Provided further, That $350,000 shall be transferred 
to "Capitol Guide Service and Special Services Office": Provided 
further. That $106,304,000 shall be transferred to "Architect of 
the Capitol", "Capitol Buildings and Grounds", "Capitol Buildings": 
Provided further. That $29,615,000 shall be transferred to "Library 
of Congress", "Salaries and Expenses": Provided further. 
That 
$4,000,000 shall be transferred to the "Government Printing Office", 
"Government Printing Office Revolving Fund": Provided 
further. 
That $7,600,000 shall be transferred to "General Accounting Office", 
"Salaries and Expenses": Provided further. That $1,000,000 shall 
be transferred as a grant to the United States Capitol Historical 
Society: Provided further. 
That any Legislative Branch entity 
receiving funds pursuant to the Emergency Response Fund estab-
lished by Public Law 107-38 (without regard to whether the funds 
are provided under this chapter or pursuant to any other provision 
of law) may transfer any funds provided to the entity to any 
other Legislative Branch account in an amount equal to that 
required to provide support for security enhancements, subject to 
the approval of the Committees on Appropriations of the House 
of Representatives and Senate. 
SENATE 
ADMINISTRATIVE PROVISIONS 
SEC. 901. (a) ACQUISITION OF BUILDINGS AND FACILITIES.— 4ousci74b-2. 
Notwithstanding any other provision of law, in order to respond 
to an emergency situation, the Sergeant at Arms of the Senate 
115 STAT. 2316 
PUBLIC LAW 107-117^JAN. 10, 2002 
Applicability. 
2 use 130g. 
may acquire buildings and facilities for the use of the Senate, 
as appropriate, by lease, purchase, or such other arrangement as 
the Sergeemt at Arms of the Senate considers appropriate (including 
a memorandum of understanding with the head of an executive 
agency, as defined in section 105 of title 5, United States Code, 
in the case of a building or facility under the control of such 
Agency). Actions taken by the Sergeant at Arms of the Senate 
must be approved by the Committees on Appropriations and Rules 
and Administration. 
(b) AGREEMENTS.—Notwithstanding any other provision of law, 
for purposes of carrying out subsection (a), the Sergeant at Arms 
of the Senate may carry out such activities and enter into such 
agreements related to the use of any building or facility acquired 
pursuant to such subsection as the Sergeant at Arms of the Senate 
considers appropriate, including— 
(1) agreements with the United States Capitol Police or 
any other entity relating to the policing of such building or 
facility; and 
(2) agreements with the Architect of the Capitol or any 
other entity relating to the care and maintenance of such 
building or facility. 
(c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT.— 
(1) ARCHITECT OF THE CAPITOL.—Notwithstanding 
any 
other provision of law, the Architect of the Capitol may take 
any action necessary to carry out an agreement entered into 
with the Sergeant at Arms of the Senate pursuant to subsection 
(b). 
(2) CAPITOL POLICE.—Section 9 of the Act of July 31, 1946 
(40 U.S.C. 212a) is amended— 
(A) by striking "The Capitol Police" and inserting "(a) 
The Capitol Police"; and 
(B) by adding at the end the following new subsection: 
"(b) For purposes of this section, 'the United States Capitol 
Buildings and Grounds' shall include any building or facility 
acquired by the Sergeant at Arms of the Senate for the use of 
the Senate for which the Sergeant at Arms of the Senate has 
entered into an agreement with the United States Capitol Police 
for the policing of the building or facility.". 
(d) TRANSFER OF CERTAIN FUNDS.—Subject to the approval 
of the Committee on Appropriations of the Senate, the Architect 
of the Capitol may transfer to the Sergeant at Arms of the Senate 
amounts made available to the Architect for necessary expenses 
for the maintenance, care and operation of the Senate office 
buildings during a fiscal year in order to cover any portion of 
the costs incurred by the Sergeant at Arms of the Senate during 
the year in acquiring a building or facility pursuant to subsection 
(a). 
(e) EFFECTIVE DATE.—This section and the amendments made 
by this section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year. 
SEC. 902. (a) Notwithstanding any other provision of law— 
(1) subject to subsection (b), the Sergeant at Arms of the 
Senate and the head of an executive agency (as defined in 
section 105 of title 5, United States Code) may enter into 
a memorandum of understanding under which the agency may 
provide facilities, equipment, supplies, personnel, and other 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2317 
support services for the use of the Senate during an emergency 
situation; and 
(2) the Sergeant at Arms of the Senate and the head 
of the agency may take any action necessary to carry out 
the terms of the memorandum of understanding. 
(b) The Sergeant at Arms of the Senate may enter into a 
memorandum of understanding described in subsection (a)(1) con-
sistent with the Senate Procurement Regulations. 
(c) This section shall apply with respect to fiscal year 2002 Applicability. 
and each succeeding fiscal year. 
HOUSE OF REPRESENTATIVES 
ADMINISTRATIVE PROVISIONS 
SEC. 903. (a) ACQUISITION OF BUILDINGS AND FACILITIES.— 40usci75a. 
Notwithstanding any other provision of law, in order to respond 
to an emergency situation, the Chief Administrative Officer of the 
House of Representatives may acquire buildings and facilities for 
the use of the House of Representatives by lease, purchase, or 
such other arrangement as the Chief Administrative Officer con-
siders appropriate (including a memorandum of understanding with 
the head of an executive agency, as defined in section 105 of 
title 5, United States Code, in the case of a building or facility 
under the control of such Agency), subject to the approval of the 
House Office Building Commission. 
(b) AGREEMENTS.—Notwithstanding any other provision of law, 
for purposes of carrying out subsection (a), the Chief Administrative 
Officer may carry out such activities and enter into such agreements 
related to the use of any building or facility acquired pursuant 
to such subsection as the Chief Administrative Officer considers 
appropriate, including— 
(1) agreements with the United States Capitol Police or 
any other entity relating to the policing of such building or 
facility; and 
(2) agreements with the Architect of the Capitol or any 
other entity relating to the care and maintenance of such 
building or facility. 
(c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT.— 
(1) ARCHITECT OF THE CAPITOL.—Notwithstanding 
any 
other provision of law, the Architect of the Capitol may take 
any action necessary to carry out an agreement entered into 
with the Chief Administrative Officer pursuant to subsection 
(b). 
(2) CAPITOL POLICE.—Section 9 of the Act of July 31, 1946 
(40 U.S.C. 212a) is amended— 
(A) by striking "The Capitol Police" and inserting "(a) 
The Capitol Police"; and 
(B) by adding at the end the following new subsection: 
"(b) For purposes of this section, 'the United States Capitol 
Buildings and Grounds' shall include any building or facility 
acquired by the Chief Administrative Officer of the House of Rep-
resentatives for the use of the House of Representatives for which 
the Chief Administrative Officer has entered into an agreement 
with the United States Capitol Police for the policing of the building 
or facility.". 
115 STAT. 2318 
PUBLIC LAW 107-117-^AN. 10, 2002 
Applicability. 
2 u s e 130h. 
Applicability. 
Establishment. 
2 u s e 130i. 
Establishment. 
(d) TRANSFER OF CERTAIN FUNDS.—Subject to the approval 
of the Committee on Appropriations of the House of Representatives, 
the Architect of the Capitol may transfer to the Chief Administra-
tive Officer amounts made available to the Architect for necessary 
expenses for the maintenance, care and operation of the House 
office buildings during a fiscal year in order to cover any portion 
of the costs incurred by the Chief Administrative Officer during 
the year in acquiring a building or facility pursuant to subsection 
(a). 
(e) EFFECTIVE DATE.—This section and the amendments made 
by this section shall apply with respect to fiscal year 2002 and 
each succeeding fiscal year. 
SEC. 904. (a) Notwithstanding any other provision of law— 
(1) subject to subsection (b), the Chief Administrative 
Officer of the House of Representatives and the head of an 
executive agency (as defined in section 105 of title 5, United 
States Code) may enter into a memorandum of understanding 
under which the agency may provide facilities, equipment, sup-
plies, personnel, and other support services for the use of the 
House of Representatives during an emergency situation; and 
(2) the Chief Administrative OfRcer and the head of the 
agency may take any action necessary to carry out the terms 
of the memorandum of understanding. 
(b) The Chief Administrative Officer of the House of Representa-
tives may not enter into a memorandum of understanding described 
in subsection (a)(1) without the approval of the Speaker of the 
House of Representatives. 
(c) This section shall apply with respect to fiscal year 2002 
and each succeeding fiscal year. 
SEC. 905. (a) There is established in the House of Representa-
tives an office to be known as the House of Representatives Office 
of Emergency Planning, Preparedness, and Operations. The Office 
shall be responsible for mitigation and preparedness operations, 
crisis management and response, resource services, and recovery 
operations. 
(b) The Speaker, in consultation with the minority leader— 
(1) shall provide policy direction for, and oversight of, the 
Office; 
(2) shall appoint and set the annual rate of pay for 
employees of the Office, including a Director, who shall be 
the head of the Office; 
(3) shall exercise, with respect to any employee of the 
Office, the authority referred to in section 8344(k)(2)(B) of 
title 5, United States Code, and the authority referred to in 
section 8468(h)(2)(B) of title 5, United States Code; 
(4) shall approve procurement of services of experts and 
consultants by the Office or by committees or other entities 
of the House of Representatives for assignment to the Office; 
and 
(5) may request the head of any Federal department or 
agency to detail to the Office, on a reimbursable basis, any 
of the personnel of the department or agency. 
(c) The day-to-day operations of the Office shall be carried 
out by the Director, under the supervision of a Board, to be known 
as the House of Representatives Continuity of Operations Board, 
comprised of the Clerk, the Sergeant at Arms, and the Chief 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2319 
Effective date. 
Applicability. 
Anthrax. 
Mail. 
Administrative Officer of the House of Representatives. The Clerk 
shall be th« Chairman of the Board. 
(d) Until otherwise provided by law, funds shall be available 
for the Office from amounts appropriated for the operations of 
the House of Representatives. 
(e) This section shall take effect on the date of the enactment 
of this Act and shall apply to fiscal years beginning with fiscal 
year 2002. 
SEC. 906. (a) As determined by the Sergeant at Arms of the 
House of Representatives, any anthrax-contaminated mail delivered 
by the United States Postal Service to the House of Representatives 
shall be destroyed or otherwise disposed of. 
(b) No action taken under this section may serve as a basis 
for civil or criminal liability of any individual or entity. 
(c) As used in this section, the term "anthrax-contaminated 
mail" means any mail matter that, as determined by the Sergeant 
at Arms, by reason of the events of October 2001— 
(1) is contaminated by anthrax or any other substance 
the mailing of which is prohibited by section 1716 of title 
18, United States Code, or any other law of the United States; 
or 
(2) may be so contaminated, but the ascertainment of which 
is not technically feasible or is otherwise impracticable. 
(d) This section shall apply with respect to fiscal year 2002 Applicability. 
and each succeeding fiscal year. 
OTHER LEGISLATIVE BRANCH 
ADMINISTRATIVE PROVISIONS 
SEC. 907. (a) Section 1(c) of Pubhc Law 96-152 (40 U.S.C. 
206-1) is amended by striking "but not to exceed" and all that 
follows and inserting the following: "but not to exceed $2,500 less 
than the lesser of the annual salary for the Sergeant at Arms 
of the House of Representatives or the annual salary for the Ser-
geant at Arms and Doorkeeper of the Senate.". 
(b) The Assistant Chief of the Capitol Police shall receive com-
pensation at a rate determined by the Capitol Police Board, but 
not to exceed $1,000 less than the annual salary for the chief 
of the United States Capitol Police. 
(c) This section and the amendment made by this section shall 
apply with respect to pay periods beginning on or after the date 
of the enactment of this Act. 
SEC. 908. (a) The Capitol Police Board may, in order to recruit 
or retain qualified personnel, establish and maintain a program 
under which the Capitol Police may agree to repay (by direct 
payments on behalf of a civilian employee or member of the Capitol 
Police) all or a portion of any student loan previously taken out 
by such employee or member. 
(b) The Capitol Police Board may, by regulation, make 
applicable such provisions of section 5379 of title 5, United States 
Code, as the Board determines necessary to provide for such pro-
gram. 
(c) The regulations shall provide that the amount paid by 
the Capitol Police may not exceed— 
(1) $6,000 for any civilian employee or member of the 
Capitol Police in any calendar year; or 
40 u s e 206 note. 
Applicability. 
40 u s e 206-1 
note. 
40 u s e 207b-l. 
115 STAT. 2320 
PUBLIC LAW 107-117-^AN. 10, 2002 
(2) a total of $40,000 in the case of any employee or 
member. 
(d) The Capitol Police may not reimburse a civilian employee 
or member of the Capitol Police for any repayments made by 
such employee or member prior to the Capitol Police entering into 
/ ' an agreement under this section with such employee or member. 
/ 
(e) Any amount repaid by, or recovered from, an individual 
j 
under this section and its implementing regulations shall be cred-
ited to the appropriation account available for salaries and expenses 
of the Capitol Police at the time of repayment or recovery. Such 
credited amount may be used for any authorized purpose of the 
account and shall remain available until expended. 
Applicability. 
(f) This section shall apply to fiscal year 2002 and each fiscal 
year thereafter. 
40 use 207b-2. 
SEC. 909. (a) RECRUITMENT AND RELOCATION BONUSES.— 
(1) AUTHORIZATION OF PAYMENT.—The Capitol PoHce Board 
(hereafter in this section referred to as the "Board") may 
authorize the Chief of the United States Capitol Police (here-
after in this section referred to as the "Chief') to pay a bonus 
to an individual who is newly appointed to a position as an 
officer or employee of the Capitol Police, and to pay an addi-
tional bonus to an individual who m.ust relocate to accept 
a position as an officer or employee of the Capitol Police, 
if the Board determines that the Capitol Police would be likely, 
in the absence of such a bonus, to encounter difficulty in filling 
the position. 
(2) AMOUNT OF PAYMENT.—^The amount of a bonus under 
this subsection shall be determined by regulations of the Board, 
but the amount of any bonus paid to an individual under 
^ 
this subsection may not exceed 25 percent of the annual rate 
of basic pay of the position to which the individual is being 
appointed. 
(3) MINIMUM PERIOD OF SERVICE REQUIRED.—Payment of 
a bonus under this subsection shall be contingent upon the 
individual entering into an agreement with the Capitol Police 
to complete a period of employment with the Capitol Police, 
with the required period determined pursuant to regulations 
of the Board. If the individual voluntarily fails to complete 
such period of service or is separated from the service before 
completion of such period of service for cause on charges of 
misconduct or delinquency, the individual shall repay the bonus 
on a pro rata basis. 
(4) BONUS NOT CONSIDERED PART OF BASIC PAY.—^A bonus 
under this subsection shall be paid as a lump sum, and may 
not be considered to be part of the basic pay of the officer 
or employee. 
(5) 
PAYMENT PERMITTED PRIOR TO COMMENCEMENT OF 
DUTY.—Under regulations of the Board, a bonus under this 
subsection may be paid to a newly-hired officer or employee 
before the officer or employee enters on duty. 
(b) RETENTION ALLOWANCES.— 
(1) AUTHORIZATION OF PAYMENT.—The Board may authorize 
the Chief to pay an allowance to an officer or employee of 
the United States Capitol Police if— 
(A) the unusually high or unique qualifications of the 
officer or employee or a special need of the Capitol Police 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2321 
for the officer's or employee's services makes it essential 
to retain the officer or employee; and 
(B) the Chief determines that the officer or employee 
would be likely to leave in the absence of a retention 
allowance. 
(2) AMOUNT OF PAYMENT.—^A retention allowance, which 
shall be stated as a percentage of the rate of basic pay of 
the officer or employee, may not exceed 25 percent of such 
rate of basic pay. 
(3) PAYMENT NOT CONSIDERED PART OF BASIC PAY.—^A reten-
tion allowance may not be considered to be part of the basic 
pay of an officer or employee, and the reduction or elimination 
of a retention allowance may not be appealed. The preceding 
sentence shall not be construed to extinguish or lessen any 
right or remedy under any of the laws made applicable to 
the Capitol Police pursuant to section 102 of the Congressional 
Accountability Act of 1995 (2 U.S.C. 1302). 
(4) TIME AND MANNER OF PAYMENT.—A retention allowance 
under this subsection shall be paid at the same time and 
in the same manner as the officer's or employee's basic pay 
is paid. 
(c) LUMP SUM INCENTIVE AND MERIT BONUS PAYMENTS.— 
(1) IN GENERAL.—The Board may pay an incentive or merit 
bonus to an officer or employee of the United States Capitol 
Police who meets such criteria for receiving the bonus as the 
Board may establish. 
(2) BONUS NOT CONSIDERED PART OF BASIC PAY.—A bonus 
under this subsection shall be paid as a lump sum, and may 
not be considered to be part of the basic pay of the officer 
or employee. 
(d) SERVICE STEP INCREASES FOR MERITORIOUS SERVICE FOR 
OFFICERS.—Upon the approval of the Chief— 
(1) an officer of the United States Capitol Police in a 
service step who has demonstrated meritorious service (in 
accordance with criteria established by the Chief or the Chiefs 
designee) may be advanced in compensation to the next higher 
service step, effective with the first pay period which begins 
after the date of the Chiefs approval; and 
(2) an officer of the United States Capitol Police in a 
service step who has demonstrated extraordinary performance 
(in accordance with criteria established by the Chief or the 
Chiefs designee) may be advanced in compensation to the 
second next higher service step, effective with the first pay 
period which begins after the date of the Chiefs approval. 
(e) ADDITIONAL COMPENSATION FOR FIELD TRAINING OFFI-
CERS.— 
(1) IN GENERAL.—Each officer of the United States Capitol 
Police who is assigned to duty as a field training officer shall 
receive, in addition to the officer's scheduled rate of compensa-
tion, an additional amount determined by the Board (but not 
to exceed $2,000 per annum). 
(2) MANNER OF PAYMENT.—The additional compensation 
authorized by this subsection shall be paid to the officer in 
the same manner as the officer is paid basic compensation, 
except that when the officer ceases to be assigned to duty 
as a field training officer, the loss of such additional compensa-
tion shall not constitute an adverse action for any purpose. 
115 STAT. 2322 
PUBLIC LAW 107-117-JAN. 10, 2002 
(f) REGULATIONS.— 
(1) IN GENERAL.—The payment of bonuses, allowances, step 
increases, compensation, and other payments pursuant to this 
section shall be carried out in accordance with regulations 
prescribed by the Board. 
(2) APPROVAL.—^The regulations prescribed pursuant to this 
subsection shall be subject to the approval of the Committee 
on Rules and Administration of the Senate, the Committee 
on House Administration of the House of Representatives, and 
the Committees on Appropriations of the Senate and the House 
of Representatives. 
Applicability. 
(g) EFFECTIVE DATE.—This section shall apply with respect 
to fiscal year 2002 and each succeeding fiscal year. 
40 use 206d-i. 
SEC. 910. In addition to the authority provided under section 
121 of the Legislative Branch Appropriations Act, 2002, at any 
time on or after the date of the enactment of this Act, the Capitol 
Police Board may accept contributions of comfort and other inci-
dental items and services to support officers and employees of 
the United States Capitol Police while such officers and employees 
are on duty in response to emergencies involving the safety of 
human life or the protection of property. 
40 use 212c. 
SEC. 911. ASSISTANCE BY EXECUTIVE DEPARTMENTS AND AGEN-
CIES TO THE CAPITOL POLICE, (a) ASSISTANCE.— 
(1) IN GENERAL.—Executive departments and Executive 
agencies may assist the United States Capitol Police in the 
performance of its duties by providing services (including per-
sonnel), equipment, and facilities on a temporary and reimburs-
able basis when requested by the Capitol Police Board and 
on a permanent and reimbursable basis upon advance written 
request of the Capitol Police Board; except that the Department 
of Defense and the Coast Guard may provide such assistance 
on a temporary basis without reimbursement when assisting 
the United States Capitol Police in its duties directly related 
to protection under the Act of July 31, 1946 (40 U.S.C. 212a-
2). Before making a request under this paragraph, the Capitol 
Police Board shall consult with appropriate Members of the 
Senate and House of Representatives in leadership positions, 
except in an emergency. 
(2) PROCUREMENT.—No services (including personnel), 
equipment, or facilities may be ordered, purchased, leased, 
or otherwise procured for the purposes of carrying out the 
duties of the United States Capitol Police by persons other 
than officers or employees of the Federal Government duly 
authorized by the Chairman of the Capitol Police Board to 
make such orders, purchases, leases, or procurements. 
(3) EXPENDITURES OR OBLIGATION OF FUNDS.—No funds 
may be expended or obligated for the purpose of carrying out 
this section other than funds specifically appropriated to the 
Capitol Police Board or the United States Capitol Police for 
those purposes with the exception o
f
— 
(A) expenditures made by the Department of Defense 
or the Coast Guard from funds appropriated to the Depart-
ment of Defense or the Coast Guard in providing assistance 
on a temporary basis to the United States Capitol Police 
in the performance of its duties directly related to protec-
tion under the Act of July 31, 1946 (40 U.S.C. 212a-
2); and 
PUBLIC LAW 107-117-JAN. 10, 2002 
115 STAT. 2323 
(B) expenditures made by Executive departments and 
agencies, in providing assistance at the request of the 
United States Capitol PoUce in the performance of its 
duties, and which will be reimbursed by the United States 
Capitol Police under this section. 
(4) PROVISION OF ASSISTANCE.—^Assistance under this sec-
tion shall be provided— 
(A) consistent with the authority of the Capitol Police 
under sections 9 and 9A of the Act of July 31, 1946 (40 
U.S.C. 212a and 212a-2); 
(B) upon the advance written request of— 
(i) the Capitol Police Board; or 
(ii) in an emergency— 
(I) the Sergeant at Arms and Doorkeeper of 
the Senate in any matter relating to the Senate; 
or 
(II) the Sergeant at Arms of the House of 
Representatives in any matter relating to the 
House of Representatives; and 
(C)(i) on a temporary and reimbursable basis; 
(ii) on a permanent reimbursable basis upon advance 
written request of the Capitol Police Board; or 
(iii) on a temporary basis without reimbursement by 
the Department of Defense and the Coast Guard as 
described under paragraph (1). 
(b) REPORTS.— 
(1) SUBMISSION.—^With respect to any fiscal year in which 
an executive department or executive agency provides assist-
ance under this section, the head of that department or agency 
shall submit a report not later than 90 days after the end 
of the fiscal year to the Chairman of the Capitol Police Board. 
(2) CONTENT.—The report submitted under paragraph (1) 
shall contain a detailed account of all expenditures made by 
the Executive department or executive agency in providing 
assistance under this section during the applicable fiscal year. 
(3) SUMMARY.—^After receipt of all reports under paragraph 
(2) with respect to any fiscal year, the Chairman of the Capitol 
Police Board shall submit a summary of such reports to the 
Committees on Appropriations of the Senate and the House 
of Representatives. 
(c) EFFECTIVE DATE.—This section shall take effect on the date 
of enactment of this Act and apply to each fiscal year occurring 
after such date. 
SEC. 912. (a)(1) In the event of an emergency, as determined 
by the Capitol Police Board, or of a joint session of Congress, 
the Chief of the Capitol Police may enter into agreements— 
(A) with the District of Columbia to deputize members 
of the District of Columbia National Guard, who are qualified 
for law enforcement functions, for duty with the Captiol Police 
for the purpose of policing the Capitol grounds; and 
(B) with any appropriate governmental law enforcement 
authority to deputize law enforcement officers for duty with 
the Capitol Police for the purpose of policing the Capitol 
grounds. 
(2) Any agreement under paragraph (1) shall be subject to 
initial approval by the Capitol Police Board and to final approval 
by the Speaker of the House of Representatives (in consultation 
Deadline. 
ApplicabiKty. 
115 STAT. 2324 
PUBLIC LAW 107-117^JAN. 10, 2002 
Expiration date. 
40 u s e 188a-2 
note. 
Applicability. 
Ante, p. 580. 
Applicability. 
40 u s e 166b-3b 
note. 
Short title. 
Ante, p. 560. 
Effective date. 
2 u s e 60c-5. 
36 u s e note 
prec. 101. 
with the Minority Leader of the House of Representatives) and 
the President pro tempore of the Senate (in consultation with the 
Minority Leader of the Senate), acting jointly. 
(b) Subject to approval by the Speaker of the House of Rep-
resentatives (in consultation with the Minority Leader of the House 
of Representatives) and the President pro tempore of the Senate 
(in consultation with the Minority Leader of the Senate), acting 
jointly, the Capitol Police Board shall prescribe regulations to carry 
out this section. 
(c) This section shall expire on September 30, 2002. 
SEC. 913. (a) Notwithstanding any other provision of law, the 
United States Capitol Preservation Commission established under 
section 801 of the Arizona-Idaho Conservation Act of 1988 (40 
U.S.C. 188a) may transfer to the Architect of the Capitol amounts 
in the Capitol Preservation Fund established under section 803 
of such Act (40 U.S.C. 188a-2) if the amounts are to be used 
by the Architect for the planning, engineering, design, or construc-
tion of the Capitol Visitor Center. 
(b) Any amounts transferred pursuant to subsection (a) shall 
remain available for the use of the Architect of the Capitol until 
expended. 
(c) This section shall apply with respect to fiscal year 2002 
and each succeeding fiscal year. 
SEC. 914. (a) In accordance with the authority described in 
section 308(a) of the Legislative Branch Appropriations Act, 1988 
(40 U.S.C. 166b-3a(a)), section 108 of the Legislative Branch Appro-
priations Act, 1991 (40 U.S.C. 166b-3b), as amended by section 
129(c)(1) of the Legislative Branch Appropriations Act, 2002, is 
amended by adding at the end the following new subsection: 
"(c) The Architect of the Capitol may fix the rate of basic 
pay for not more than 4 positions for Executive Project Directors 
whose salary is payable from project funds, at a rate not to exceed 
95 percent of the highest total rate of pay for the Senior Executive 
Service under subchapter VIII of chapter 53 of title 5, United 
States Code, for the locality involved.". 
(b) The amendment made by subsection (a) shall apply with 
respect to pay periods beginning on or after October 1, 2001. 
SEC. 915. (a) Public Law 107-68 is amended by adding at 
the end the following: 
"This Act may be cited as the 'Legislative Branch Appropria-
tions Act, 2002'.". 
(b) The amendment made by subsection (a) shall take effect 
as if included in the enactment of Public Law 107-68. 
SEC. 916. Section 102 of the Legislative Branch Appropriations 
Act, 2002 (Public Law 107-68) is amended— 
(1) in subsection (a), by striking paragraph (1) and redesig-
nating paragraphs (2) through (6) as paragraphs (1) through 
(5), respectively; 
(2) in subsection (g)(1)— 
(A) in subparagraph (A), by striking "subsection 
(i)(l)(A)" and inserting "subsection (h)(lXA)"; and 
(B) in subparagraph (B), by striking "subsection 
(i)(l)(B)" and inserting "subsection (h)(1)(B)". 
SEC. 917. (a) Section 209 of the Legislative Branch Appropria-
tions Act, 2002 (Public Law 107-68) is amended in the matter 
amending Public Law 106-173 by striking the quotation marks 
and period at the end of the new subsection (g) and inserting 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2325 
the following: "Any reimbursement under this subsection shall be 
credited to the appropriation, fund, or account used for paying 
the amounts reimbursed. 
"(h) EMPLOYMENT BENEFITS.— 
"(1) IN GENERAL.—The Commission shall fix employment 
benefits for the Director and for additional personnel appointed 
under section 6(a), in accordance with paragraphs (2) and (3). 
"(2) EMPLOYMENT BENEFITS FOR THE DIRECTOR.— 
"(A) IN GENERAL.—The Commission shall determine 
whether or not to treat the Director as a Federal employee 
for purposes of employment benefits. If the Commission 
determines that the Director is to be treated as a Federal 
employee, then he or she is deemed to be an employee 
as that term is defined by section 2105 of title 5, United 
States Code, for purposes of chapters 63, 83, 84, 87, 89, 
and 90 of that title, and is deemed to be an employee 
for purposes of chapter 81 of that title. If the Commission 
determines that the Director is not to be treated as a 
Federal employee for purposes of employment benefits, then 
the Commission or its administrative support service pro-
vider shall establish appropriate alternative employment 
benefits for the Director. The Commission's determination 
shall be irrevocable with respect to each individual 
appointed as Director, and the Commission shall notify 
the Office of Personnel Management and the Department 
of Labor of its determination. 
Notwithstanding the 
Commission's determination, the Director's service is 
deemed to be Federal service for purposes of section 8501 
of title 5, United States Code. 
"(B) DETAILEE SERVING AS DIRECTOR.—Subparagraph 
(A) shall not apply to a detailee who is serving as Director. 
"(3) EMPLOYMENT BENEFITS FOR ADDITIONAL PERSONNEL.— 
A person appointed to the Commission staff under subsection 
(b)(2) is deemed to be an employee as that term is defined 
by section 2105 of title 5, United States Code, for purposes 
of chapters 63, 83, 84, 87, 89, and 90 of that title, and is 
deemed to be an employee for purposes of chapter 81 of that 
title.". 
(b) The amendments made by this section shall take effect 
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2002 (Public Law 107-68). 
SEC. 918. (a) Section 133(a) of the Legislative Branch Appro-
priations Act, 2002 (Public Law 107-68) is amended— 
(1) by striking "90-day" in paragraph (1) and inserting 
"180-day"; and 
(2) by striking "90 days" in paragraph (2)(C) and inserting 
"180 days". 
(b) The amendments made by subsection (a) shall take effect 
as if included in the enactment of the Legislative Branch Appropria-
tions Act, 2002 (Public Law 107-68). 
Notification. 
Effective date. 
36 u s e note 
prec. 101. 
Ante, p. 581. 
Effective date. 
115 STAT. 2326 
PUBLIC LAW 107-117-^AN. 10, 2002 
CHAPTER 10 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION 
MILITARY CONSTRUCTION, ARMY 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "MiHtary Construction, 
Army", $20,700,000, to remain available until expended: Provided, 
That these funds shall be obligated from amounts made available 
in Public Law 107-38. 
MILITARY CONSTRUCTION, NAVY 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Military Construction, 
Navy", $2,000,000, to remain available until expended: Provided, 
That these funds shall be obligated from amounts made available 
in Public Law 107-38. 
MILITARY CONSTRUCTION, AIR FORCE 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Military Construction, 
Air Force", $46,700,000, to remain available until expended: Pro-
vided, That these funds shall be obligated from amounts made 
available in PubHc Law 107-38. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Military Construction, 
Defense-wide", $35,000,000 to remain available until expended, to 
be obligated from amounts made available in Public Law 107-
38: Provided, That such amount shall be available for transfer 
to "Military Construction, Army". 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 
1001. 
(a) 
AVAILABILITY OF AMOUNTS FOR MILITARY 
CONSTRUCTION RELATING TO TERRORISM.—^Amounts made available 
to the Department of Defense from funds appropriated in Public 
Law 107-38 and this Act may be used to carry out military construc-
tion projects, not otherwise authorized by law, that the Secretary 
of Defense determines are necessary to respond to or protect against 
acts or threatened acts of terrorism. 
Deadline. 
(b) NOTICE TO CONGRESS.—Not later than 15 days before obli-
gating amounts available under subsection (a) for military construc-
tion projects referred to in that subsection the Secretary shall 
notify the appropriate committees of Congress of the following: 
(1) The determination to use such amounts for the project. 
(2) The estimated cost of the project and the accompanying 
Form 1391. 
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this 
section the term "appropriate committees of Congress" has the 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2327 
meaning given that term in section 2801 (4) of title 10, United 
States Coae. 
SEC. 1002. Section 138 of Public Law 106-246 is amended 
114 Stat. 524. 
by striking "$77,500,000" and inserting in lieu "$102,000,000 for 
project completion". 
SEC. 1003. Section 2202(a) of the National Defense Authoriza-
tion Act for Fiscal Year 2002 is amended in the "Navy: Family Ante, p. 1288. 
Housing" table, by striking "Naval Construction Battalion Center, 
Gulfport" and inserting "Naval Station, Pascagoula". 
CHAPTER 11 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
TRANSPORTATION SECURITY ADMINISTRATION 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for the "Transportation Secu-
rity Administration", $94,800,000, to remain available until Sep-
tember 30, 2003, to be obligated from amounts made available 
in Public Law 107-38: Provided, That $93,300,000 shall be for 
the Under Secretary of Transportation for Security to award 
competitive grants to critical national seaports to finance the costs 
of enhancing facility and operational security: Provided 
further. 
That such grants shall be awarded based on the need for security 
assessments and enhancements as determined by the Under Sec-
retary of Transportation for Security, the Administrator of the 
Maritime Administration, and the Commandant of the U.S. Coast 
Guard: Provided further. 
That such grants shall not supplant 
funding already provided either by the ports or by any Federal 
entity: Provided further. That no more than $1,000,000 of the grant 
funds available under this heading shall be used for administration. 
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, in addition to funds made 
available from any other source to carry out the essential air 
service program under 49 U.S.C. 41731 through 41742, to be derived 
from the Airport and Airway Trust Fund, $50,000,000, to remain 
available until expended, to be obligated from amounts made avail-
able in Public Law 107-38. 
COAST GUARD 
OPERATING EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Operating Expenses", 
$209,150,000, to remain available until September 30, 2003, to 
be obligated from amounts made available in Public Law 107-
38. 
115 STAT. 2328 
PUBLIC LAW 107-117-JAN. 10, 2002 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
For emergency expenses to respond to the September 11, 2001, 
terrorist 
attacks 
on 
the 
United 
States, 
for 
"Operations", 
$200,000,000, to be derived from the Airport and Airway Trust 
Fund and to remain available until September 30, 2003, to be 
obligated from amounts made available in Public Law 107-38. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Facilities and Equip-
ment", $108,500,000, to be derived from the Airport and Airway 
Trust Fund, to remain available until September 30, 2004, and 
to be obligated from amounts made available in Public Law 107-
38. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Research, Engineering, 
and Development", $50,000,000, to be derived from the Airport 
and Airway Trust Fund, to remain available until September 30, 
2003, and to be obligated from amounts made available in Public 
Law 107-38. 
GRANTS-IN-AID FOR AIRPORTS 
(AIRPORT AND AIRWAY TRUST FUND) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, notwithstanding any other 
provision of law, for "Grants-in-aid for airports", to enable the 
Federal Aviation Administrator to compensate airports for a portion 
of the direct costs associated with new, additional or revised security 
requirements imposed on airport operators by the Administrator 
on or after September 11, 2001, $175,000,000, to be derived from 
the Airport and Airway Trust Fund, to remain available until 
expended, and to be obligated from amounts made available in 
Public Law 107-38. 
FEDERAL HIGHWAY ADMINISTRATION 
MISCELLANEOUS APPROPRLVTIONS 
(HIGHWAY TRUST FUND) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Miscellaneous Appropria-
tions", including the operation and construction of ferries and ferry 
facilities, $100,000,000, to be derived from the Highway Trust Fund, 
to remain available until expended, and to be obligated from 
amounts made available in Public Law 107-38. 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2329 
FEDERAL-AID HIGHWAYS 
EMERGENCY RELIEF PROGRAM 
(HIGHWAY TRUST FUND) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for the "Emergency Relief 
Program", as authorized by section 125 of title 23, United States 
Code, $75,000,000, to be derived from the Highway Trust Fund 
and to remain available until expended, to be obligated from 
amounts made available in Public Law 107-38. 
FEDERAL RAILROAD ADMINISTRATION 
SAFETY A N D OPERATIONS 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Safety and Operations", 
$6,000,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER 
CORPORATION 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for necessary expenses of 
capital improvements of the National Railroad Passenger Corpora-
tion as authorized by 49 U.S.C. 24104(a), $100,000,000, to remain 
available until expended, and to be obligated from amounts made 
available in Public Law 107-38. 
FEDERAL TRANSIT ADMINISTRATION 
FORMULA G R A N T S 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Formula Grants", 
$23,500,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
CAPITAL I N V E S T M E N T GRANTS 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Capital Investment 
Grants", $100,000,000, to remain available until expended, and 
to be obligated from amounts made available in Public Law 107-
38: Provided, That in administering funds made available under 
this paragraph, the Federal Transit Administrator shall direct funds 
to those transit agencies most severely impacted by the terrorist 
attacks of September 11, 2001, excluding any transit agency 
receiving a Federal payment elsewhere in this Act: Provided further, 
That the provisions of 49 U.S.C. 5309(h) shall not apply to funds 
made available under this paragraph. 
115 STAT. 2330 
PUBLIC LAW 107-117—JAN. 10, 2002 
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 
RESEARCH AND SPECIAL PROGRAMS 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Research and Special 
Programs," $2,500,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38. 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States and for other safety and 
security related audit and monitoring responsibilities, for "Salaries 
and Expenses", $1,300,000, to remain available until September 
30, 2003, to be obligated from amounts made available in Public 
Law 107-38. 
RELATED AGENCY 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses," 
$650,000, to remain available until September 30, 2003, to be 
obligated from amounts made available in Public Law 107-38. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 1101. Section 5117(b)(3) of the Transportation Equity Act 
for the 21st Century (Public Law 105-178; 112 Stat. 449; 23 U.S.C. 
502 note) is amended— 
(1) by redesignating subparagraphs (C), (D), and (E) as 
subparagraphs (D), (F), and (G), respectively; 
(2) by inserting after subparagraph (B) the following new 
subparagraph (C): 
"(C) FOLLOW-ON DEPLOYMENT.—(i) After an intelligent 
transportation infrastructure system deployed in an initial 
deplo5anent area pursuant to a contract entered into under 
the program under this paragraph has received system 
acceptance, the Department of Transportation has the 
authority to extend the original contract that was competi-
tively awarded for the deployment of the system in the 
follow-on deployment areas vnder the contract, using the 
same asset ownership, maintenance, fixed price contract, 
and revenue sharing model, and the same competitively 
selected consortium leader, as were used for the deployment 
in that initial deployment area under the program. 
"(ii) If any one of the follow-on deployment areas does 
not commit, by July 1, 2002, to participate in the deploy-
ment of the system under the contract, then, upon applica-
tion by any of the other follow-on deployment areas that 
have committed by that date to participate in the deploy-
ment of the system, the Secretary shall supplement the 
funds made available for any of the follow-on deployment 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2331 
areas submitting the applications by using for that purpose 
the funds not used for deployment of the system in the 
nonparticipating area. Costs paid out of funds provided 
in such a supplementation shall not be counted for the 
purpose of the limitation on maximum cost set forth in 
subparagraph (B)."; 
(3) by inserting after subparagraph (D), as redesignated 
by paragraph (1), the following new subparagraph (E): 
"(E) DEFINITIONS.—In this paragraph: 
"(i) The term 'initial deployment area' means a 
metropolitan area referred to in the second sentence 
of subparagraph (A). 
"(ii) The term 'follow-on deployment areas' means 
the metropolitan areas of Baltimore, Birmingham, 
Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver, 
Detroit, Houston, Indianapolis, Las Vegas, Los Angeles, 
Miami, New York/Northern New Jersey, Northern Ken-
tucky/Cincinnati, Oklahoma City, Orlando, Philadel-
phia, Phoenix, Pittsburgh, Portland, Providence, Salt 
Lake, San Diego, San Francisco, St. Louis, Seattle, 
Tampa, and Washington, District of Columbia."; and 
(4) in subparagraph (D), as redesignated by paragraph 
(1), by striking "subparagraph (D)" and inserting "subparagraph 
(F)". 
SEC. 1102. No appropriated funds or revenues generated by 
the National Railroad Passenger Corporation may be used to imple-
ment section 204(c)(2) of Public Law 105-134 until the Congress 
has enacted an Amtrak reauthorization Act. 
SEC. 1103. (a) Notwithstanding any other provision of law, 
of the funds authorized under section 110 of title 23, United States 
Code, for fiscal year 2002, no funds shall be available for the 
program authorized under section 1101(a)(ll) of Public Law 105-
178 and $29,542,304 shall be set aside for the project as authorized 
under title IV of the National Highway System Designation Act 
of 1995, as amended: Provided, That, if funds authorized under 
these provisions have been distributed then the amount so specified 
shall be recalled proportionally from those funds distributed to 
the States under section 110(b)(4)(A) and (B) of title 23, United 
States Code. 
(b) Notwithstanding any other provision of law, for fiscal year 
2002, funds available for environmental streamlining activities 
under section 104(a)(1)(A) of title 23, United States Code, may 
include making grants to, or entering into contracts, cooperative 
agreements, and other transactions, with a Federal agency. State 
agency, local agency, authority, association, nonprofit or for-profit 
corporation, or institution of higher education. 
(c) Notwithstanding any other provision of law, of the funds 
authorized under section 110 of title 23, United States Code, for 
fiscal year 2002, and made available for the National motor carrier 
safety program, $5,896,000 shall be for State commercial driver's 
license program improvements. 
(d) Notwithstanding any other provision of law, of the funds 
authorized under section 110 of title 23, United States Code, for 
fiscal year 2002, and made available for border infrastructure 
improvements, up to $2,300,000 shall be made available to carry 
out section 1119(d) of the Transportation Equity Act for the 21st 
Century, as amended. 
89-194 0 - 03 - 9 QL 3 Part 3 
115 STAT. 2332 
PUBLIC LAW 107-117-^AN. 10, 2002 
SEC. 1104. Notwithstanding any other provision of law, of the 
amounts appropriated in fiscal year 2002 for the Research and 
Special Programs Administration, $3,170,000 of funds provided for 
research and special programs shall remain available until Sep-
tember 30, 2004, and $22,786,000 of funds provided for the pipeline 
safety program derived from the pipeline safety fund shall remain 
available until September 30, 2004. 
SEC. 1105. Item 1497 in the table contained in section 1602 
of the Transportation Equity Act for the 21st Century (112 Stat. 
312), relating to Alaska, is amended by inserting "and construct 
capital improvements to intermodal marine freight and passenger 
facilities and access thereto" before "in Anchorage". 
SEC. 1106. The Department of Transportation and Related 
Ante, p. 860. 
Agencies Appropriations Act, 2002 is amended in section 330 by 
striking "$144,000,000" and inserting "$148,300,000" and in section 
349 by striking "$5,000,000" and inserting "$9,300,000" and by 
striking "$120,323,000" and inserting "$116,023,000". 
SEC. 1107. Notwithstanding any other provision of law, none 
of the funds in the Department of Transportation and Related 
Agencies Appropriations Act, 2002 shall be available for salaries 
and expenses of more than 102 political and Presidential appointees 
in the Department of Transportation: Provided, That none of the 
funds in this Act, or any other Appropriations Act for fiscal year 
2002, shall be available for the position of Under Secretary of 
Transportation for Policy or the position of Assistant Secretary 
for Public Affairs. 
SEC. 1108. Section 1511(b) of the Transportation Equity Act 
23 use 181 note, for the 21st Century (Public Law 105-178), as amended, is amended 
by striking "Rhode Island" and inserting in lieu thereof "Rhode 
Island, and Texas" and by inserting before the period in subsection 
(b)(1)(A) ", provided that Texas may not compete for funds pre-
viously allocated or appropriated to any other State". 
CHAPTER 12 
DEPARTMENT 
OF 
THE 
TREASURY 
DEPARTMENTAL OFFICES 
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$2,032,000, to remain available until expended, to be obligated 
from amounts made available by Public Law 107-38. 
FINANCIAL CRIMES ENFORCEMENT NETWORK 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$1,700,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2333 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$23,000,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED 
EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Acquisition, Construc-
tion, Improvements, and Related Expenses", $8,500,000, to remain 
available until expended, to be obligated from amounts made avail-
able in Public Law 107-38: Provided, That, in order to expedite 
the acquisition of architectural and engineering services for the 
construction of facilities at the Cheltenham, Maryland, training 
facility, the Federal Law Enforcement Training Center may procure 
such services without regard to: (1) the competition requirements 
of section 303 of the Federal Property and Administrative Services 
Act of 1949 (41 U.S.C. 253); (2) the 6 percent fee limitation on 
such services set forth in section 304(b) of such Act (41 U.S.C. 
254(b)); and (3) the procurement notice requirements of section 
18 of the Office of Federal Procurement Policy Act (41 U.S.C. 
416). 
BUREAU OF ALCOHOL, TOBACCO AND FIREARMS 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$31,431,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38, of which 
$5,200,000 may be used for necessary expenses of site acquisition, 
construction, operations, maintenance and repair of the special 
purpose canine training facilities in Front Royal, Virginia. 
UNITED STATES CUSTOMS SERVICE 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
to meet requirements, including technology, along the Northern 
Border, Southwest Border, and at critical seaports, $392,603,000, 
to remain available until expended, to be obligated from amounts 
made available in Public Law 107-38: Provided, That of such 
amount, $245,503,000 shall not be available for obligation until 
15 days after the United States Customs Service submits to the 
Committees on Appropriations and the Secretary of the Treasury 
a financial plan based upon a comprehensive assessment of the 
most effective uses of the Service's resources, including the funds 
provided in this Act, for protection along the Northern Border, 
Southwest Border, and at critical seaports: Provided further. That 
Notification. 
the Secretary of the Treasury is directed to review the activities 
proposed to be carried out with the funds subject to the previous 
115 STAT. 2334 
PUBLIC LAW 107-117—JAN. 10, 2002 
proviso and notify the Committees on Appropriations of the findings 
of his review within 15 days of receipt of such plan. 
OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE 
INTERDICTION PROGRAMS 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Operation, Maintenance 
and 
Procurement, 
Air 
and 
Marine 
Interdiction 
Programs", 
$6,700,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
INTERNAL REVENUE SERVICE 
PROCESSING, ASSISTANCE, AND MANAGEMENT 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Processing, Assistance, 
and Management", $12,990,000, to remain available until expended, 
to be obligated from amounts made available by Public Law 107-
38. 
TAX LAW ENFORCEMENT 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Tax Law Enforcement", 
$4,544,000, to remain available until expended, to be obligated 
from amounts made available by Public Law 107-38. 
INFORMATION SYSTEMS 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Information Systems", 
$15,991,000, to remain available until expended, to be obligated 
from amounts made available by Public Law 107-38: Provided, 
That of these amounts $13,548,000 is for a backup computer 
recovery system to be designed and constructed in close coordination 
with the business systems modernization effort of the Internal 
Revenue Service. 
UNITED STATES SECRET SERVICE 
SALARIES A N D EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$104,769,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
POSTAL SERVICE 
PAYMENT TO THE POSTAL SERVICE FUND 
For emergency expenses to the Postal Service Fund to enable 
the Postal Service to protect postal employees and postal customers 
from exposure to biohazardous material, to sanitize and screen 
the mail, and to replace or repair Postal Service facilities destroyed 
or damaged in New York City as a result of the September 11, 
2001, terrorist attacks, $500,000,000, to remain available until 
expended, to be obligated from amounts made available in Public 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2335 
Law 107-38: Provided, That of the amounts appropriated, no funds 
shall be obligated for the purpose of sanitizing and screening the 
mail until the Postal Service submits to the Committees on Appro-
priations, the House Committee on Government Reform, and the 
Senate Committee on Governmental Affairs an emergency prepared-
ness plan to combat the threat of biological and chemical substances 
in the mail, including a plan for expenditure of funds in support 
of the emergency preparedness plan. ^ 
EXECUTIVE OFFICE OF THE PRESIDENT 
OFFICE OF ADMINISTRATION 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$50,040,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
INDEPENDENT AGENCIES 
GENERAL SERVICES 
ADMINISTRATION 
REAL PROPERTY ACTIVITIES 
FEDERAL BUILDINGS FUND 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Federal Buildings Fund", 
$126,512,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
NATIONAL ARCHIVES AND RECORDS 
ADMINISTRATION 
OPERATING EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Operating Expenses", 
$1,600,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
REPAIRS AND RESTORATION 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Repairs and Restora-
tion", $1,000,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
GENERAL PROVISION, THIS CHAPTER 
SEC. 1201. Section 652(c)(1) of Public Law 107-67 is amended 39USC4i6and 
by striking "Section 414(c)" and inserting "Section 416(c)". 
note. 
115 STAT. 2336 
New York. 
Deadline. 
PUBLIC LAW 107-117-JAN. 10, 2002 
CHAPTER 13 
DEPARTMENT OF VETERANS AFFAIRS 
DEPARTMENTAL ADMINISTRATION 
GENERAL OPERATING EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "General operating 
expenses", $2,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38. 
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 
COMMUNITY PLANNING AND DEVELOPMENT 
COMMUNITY DEVELOPMENT FUND 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Community Development 
Fund", $2,000,000,000, to remain available until expended, to be 
obligated from amounts made available in Public Law 107-38: 
Provided, That such funds shall be subject to the first through 
sixth provisos in section 434 of Public Law 107-73: Provided further. 
That the State of New York, in conjunction with the City of New 
York, shall, through the Lower Manhattan Redevelopment Corpora-
tion ("the corporation"): (1) distribute the funds provided for the 
"Community Development Fund"; (2) within 45 days of enactment 
of this Act, issue the initial criteria and requirements necessary 
to accept applications from individuals, nonprofits, and small 
businesses for economic losses from the September 11, 2001, ter-
rorist attacks; and (3) begin processing such applications: Provided 
further. That the corporation shall expeditiously respond to any 
application from an individual, nonprofit, or small business for 
economic losses under this heading: Provided further. That of the 
total amount made available for the "Community Development 
Fund", including amounts previously made available by transfer 
pursuant to the fifth proviso of Public Law 107-38, no less than 
$500,000,000 shall be made available for individuals, nonprofits, 
or small businesses described in the prior three provisos, with 
a limit of $500,000 per small business for economic losses: Provided 
further. That amounts made available in the previous proviso shall 
only be available for individuals, nonprofits, or small businesses 
located in New York City in the area located on or south of West 
14th Street (west of its intersection with 5th Avenue), or on or 
south of East 14th Street (east of its intersection with 5th Street): 
Provided further. That, of the amount provided in this paragraph, 
$10,000,000 shall be used for a program to aid the travel and 
tourism industry in New York City. 
MANAGEMENT AND ADMINISTRATION 
OFFICE OF INSPECTOR GENERAL 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Office of Inspector Gen-
eral", $1,000,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
PUBLIC LAW 107-117-JAN. 10, 2002 
115 STAT. 2337 
INDEPENDENT AGENCIES 
DEPARTMENT OF HEALTH AND HUMAN SERVICES 
NATIONAL INSTITUTES OF HEALTH 
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States for "National Institute of 
Environmental Health Sciences" for carrying out under current 
authorities, worker training, research, and education activities, 
$10,500,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
Public Law 107-73 is amended under this heading by adding Ante, p. 682. 
"and section 126(g) of the Superfund Amendments and Reauthoriza-
tion Act of 1986," after the words, "as amended,". 
ENVIRONMENTAL PROTECTION AGENCY 
SCIENCE AND TECHNOLOGY 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for "Science and technology", 
$90,308,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
ENVIRONMENTAL PROGRAMS AND MANAGEMENT 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for "Environmental programs and 
management", $39,000,000, to remain available until expended, 
to be obligated from amounts made available in Public Law 107-
38. 
HAZARDOUS SUBSTANCE SUPERFUND 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, and to support activities 
related to countering terrorism, for "Hazardous substance super-
fund", $41,292,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107-38. 
STATE AND TRIBAL ASSISTANCE GRANTS 
For making grants for emergency expenses to respond to the 
September 11, 2001, terrorist attacks on the United States, and 
to support activities related to countering potential biological and 
chemical threats to populations, for "State and tribal assistance 
grants", $5,000,000, to remain available until expended, to be obli-
gated from amounts made available in Public Law 107-38. 
The referenced statement of the managers under this heading 
in Public Law 107-73 is deemed to be amended by striking "Florida 
Department of Environmental Protection" in reference to item 
number 92, and inserting "Southwest Florida Water Management 
District"; and by striking "Southeast" in reference to item number 
9, and inserting "Southwest". 
115 STAT. 2338 
PUBLIC LAW 107-117-^AN. 10, 2002 
The referenced statement of the managers under this heading 
in PubUc Law 106-377 is deemed to be amended by striking "repairs 
to water and sewer Hnes" in reference to item number 171 and 
inserting "water and wastewater infrastructure improvements". 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER R E L I E F 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Disaster rehef, 
$4,356,871,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
SALARIES AND EXPENSES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Salaries and Expenses", 
$25,000,000 to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38 of which not 
less than $10,000,000 shall be used to enhance the capabilities 
of the National Security Division. 
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE 
(INCLUDING TRANSFER OF FUNDS) 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Emergency management 
planning and assistance", $10,000,000, to remain available until 
expended, to be obligated from amounts made available in Public 
Law 107-38, which shall be available for support of the 2002 
Winter Olympics. 
For an additional amount for emergency expenses to respond 
to the September 11, 2001, terrorist attacks on the United States 
and to support activities related to countering terrorism, for "Emer-
gency management planning and assistance", $210,000,000, to 
remain available until September 30, 2003, for programs as author-
ized by section 33 of the Federal Fire Prevention and Control 
Act of 1974, as amended (15 U.S.C. 2201 et seq.), as in effect 
on December 7, 2001, to be obligated from amounts made available 
in Public Law 107-38: Provided, That up to 5 percent of this 
amount shall be transferred to "Salaries and Expenses" for program 
administration. 
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 
HUMAN SPACE FLIGHT 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Human space flight", 
$76,000,000, to remain available until expended, to be obligated 
from amounts made available in Public Law 107-38. 
SCIENCE, AERONAUTICS AND TECHNOLOGY 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Science, aeronautics 
and technology", $32,500,000, to remain available until expended. 
PUBLIC LAW 107-117-^JAN. 10, 2002 
115 STAT. 2339 
to be obligated from amounts made available in Public Law 107-
38. 
NATIONAL SCIENCE FOUNDATION 
RESEARCH AND RELATED ACTIVITIES 
For emergency expenses to respond to the September 11, 2001, 
terrorist attacks on the United States, for "Research and related 
activities", $300,000 to remain available until expended, to be obli-
gated from amounts made available in Public Law 107-38. 
GENERAL PROVISIONS, THIS CHAPTER 
SEC. 1301. (a) This section may be cited as the "Unity in Unity in the 
the Spirit of America Act" or the "USA Act". 
Spirit of America 
(b) The National and Community Service Act of 1990 (42 U.S.C. 
^2i]SC 12501 
12501 et seq.) is amended by inserting before title V the following: note. 
"TITLE IV—PROJECTS HONORING 
VICTIMS OF TERRORIST ATTACKS 
"SEC. 401. PROJECTS. 
"(a) DEFINITION.—In this section, the term 'Foundation' means 
the Points of Light Foundation funded under section 301, or another 
nonprofit private organization, that enters into an agreement with 
the Corporation to carry out this section. 
"(b) IDENTIFICATION OF PROJECTS.— 
"(1) ESTIMATED NUMBER.—Not later than March 1, 2002, 
the Foundation, after obtaining the guidance of the heads of 
appropriate Federal agencies, such as the Director of the Office 
of Homeland Security and the Attorney General, shall— 
"(A) make an estimate of the number of victims killed 
as a result of the terrorist attacks on September 11, 2001 
(referred to in this section as the 'estimated number'); 
and 
"(B) compile a list that specifies, for each individual 
that the Foundation determines to be such a victim, the 
name of the victim and the State in which the victim 
resided. 
"(2) IDENTIFIED PROJECTS.—The Foundation may identify 
approximately the estimated number of community-based 
national and community service projects that meet the require-
ments of subsection (d). The Foundation may name projects 
in honor of victims described in subsection (b)(1)(A), after 
obtaining the permission of an appropriate member of the vic-
tim's family and the entity carrying out the project. 
"(c) ELIGIBLE ENTITIES.—To be eligible to have a project named 
under this section, the entity carrying out the project shall be 
a political subdivision of a State, a business, a nonprofit organiza-
tion (which may be a religious organization), an Indian tribe, or 
an institution of higher education. 
"(d) PROJECTS.—The Foundation shall name, under this section, 
projects— 
"(1) that advance the goals of unity, and improving the 
quality of life in communities; and 
42 u s e 12671. 
Deadline. 
Records. 
115 STAT. 2340 
PUBLIC LAW 107-117^JAN. 10, 2002 
"(2) that will be planned, or for which implementation 
will begin, within a reasonable period after the date of enact-
ment of the Unity in the Spirit of America Act, as determined 
by the Foundation. 
"(e) WEBSITE AND DATABASE.—The Foundation shall create and 
maintain websites and databases, to describe projects named under 
this section and serve as appropriate vehicles for recognizing the 
projects.". 
SEC. 1302. Within funds previously appropriated as authorized 
under the Native American Housing and Self Determination Act 
of 1996 (Public Law 104-330, section 1(a); 110 Stat. 4016) and 
made available to Cook Inlet Housing Authority, Cook Inlet Housing 
Authority may use up to $9,500,000 of such funds to construct 
student housing for Native college students, including an on-site 
computer lab and related study facilities, and, notwithstanding 
any provision of such Act to the contrary. Cook Inlet Housing 
Authority may use a portion of such funds to establish a reserve 
fund and to provide for maintenance of the project. 
SEC. 1303. Of the amounts made available under both the 
heading "Housing certificate fund" and the heading "Salaries and 
Expenses" in title II of Public Law 107-73, not to exceed $11,300,000 
shall be for the recordation and liquidation of obligations and defi-
ciencies incurred in prior years in connection with the provision 
of technical assistance authorized under section 514 of the Multi-
family Assisted Housing Reform and Affordability Act of 1997 ("sec-
tion 514"), and notwithstanding any other provision of law, for 
new obligations for such technical assistance: Provided, That of 
the $11,300,000 made available, up to $1,300,000 shall be for 
reimbursement of vouchers submitted by section 514 grantees as 
of October 15, 2001: Provided further. That of the total amount 
provided under the heading "Salaries and Expenses" in title II 
of Public Law 107-73, $500,000 shall be made available from sala-
ries and expenses allocated to the Office of General Counsel and 
$1,000,000 shall be made available from salaries and expenses 
allocated to the Office of Multifamily Housing Assistance Restruc-
turing in the Department of Housing and Urban Development for 
new obligations for the provision of technical assistance authorized 
under section 514: Provided further. That of the $11,300,000 pro-
vided under this section, no more than $10,000,000 shall be made 
available for new obligations for technical assistance under section 
514: Provided further, That from amounts made available under 
this section, the Inspector General of the Department of Housing 
and Urban Development ("HUD Inspector General") shall audit 
each provision of technical assistance obligated under the require-
ments of section 514 over the last 4 years: Provided further. That 
to the extent the HUD Inspector General determines that the 
use of any funding for technical assistance does not meet the 
requirements of section 514, the Secretary of Housing and Urban 
Development ("Secretary") shall recapture any such funds: Provided 
further. That no funds appropriated under title II of Public Law 
107-73 and subsequent appropriations acts for the Department 
of Housing and Urban Development shall be made available for 
4 years to any entity (or any subsequent entity comprised of signifi-
cantly the same officers) that has been identified as having violated 
the requirements of section 514 by the HUD Inspector General: 
Provided further. That, notwithstanding any other provision of law, 
no funding for technical assistance shall be available for carryover 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2341 
from any previous year: Provided further, That the recordation 
and liquidation of obligations and deficiencies under this heading 
shall not pardon or release an officer or employee of the United 
States Government for an act or acts in violation of the Anti-
deficiency Act (31 U.S.C. 1341): Provided further, That the Secretary 
shall implement the provisions under this section in a manner 
that does not accelerate outlays. 
SEC. 1304. The referenced statement of the managers per-
taining to economic development initiatives under the heading 
"Community Development Fund" in Public Law 107-73 is deemed 
to be amended by striking "Willacacy County Boys and Girls Club 
in Willacacy County, Texas" in reference to an appropriation for 
the Willacy County Boys and Girls Club, and inserting "Willacy 
County Boys and Girls Club in Willacy County, Texas"; by striking 
"Acres Home Community Development Corporation" in reference 
to an appropriation in Houston, Texas, and inserting "Old Acres 
Homes Citizens Council"; and by striking "$250,000 to the Good 
Shepard School in Braddock, Pennsylvania for facility renovation;" 
in reference to an appropriation in Braddock, Pennsylvania, and 
inserting "$250,000 for facility renovation, of which $50,000 is for 
the Good Shepard School in Braddock, Pennsylvania, and $200,000 
is for the Phipps Conservatory and Botanical Gardens in Pittsburgh, 
Pennsylvania;". 
CHAPTER 14 
GENERAL PROVISIONS, THIS DIVISION 
SEC. 1401. Amounts which may be obligated pursuant to this 
division are subject to the terms and conditions provided in Public 
Law 107-38. 
SEC. 1402. No part of any appropriation contained in this 
division shall remain available for obligation beyond the current 
fiscal year unless expressly so provided herein. 
SEC. 1403. Notwithstanding any other provision of law, of the 
funds made available in this or any other Act, funds may be 
transferred to the Department of Defense from an agency receiving 
National Guard services related to homeland security to cover the 
costs of such services that the agency incurred after the date of 
enactment of this Act: Provided, That such authority to transfer 
Expiration date, 
shall expire on April 30, 2002: Provided further. That each agency Reports, 
receiving National Guard services related to homeland security 
shall submit to the House and Senate Committees on Appropria-
tions a detailed report of the National Guard's homeland defense 
activities and expenses incurred after the date of enactment of 
this Act and planned for the remainder of fiscal year 2002 for 
that agency and any proposed transfers 15 days prior to such 
transfers pursuant to this authority. 
This division may be cited as the "Emergency Supplemental 
Act, 2002". 
DIVISION C—SPENDING LIMITS AND BUDGETARY 
ALLOCATIONS FOR FISCAL YEAR 2002 
SEC. 
101. 
(a) 
DISCRETIONARY 
SPENDING 
LIMITS.—Section 
251(c)(6) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 is amended— 
2 USC 901. 
115 STAT. 2342 
PUBLIC LAW 107-117—JAN. 10, 2002 
Congressional 
Record, 
publication. 
2 u s e 902 note. 
President. 
Reports. 
(1) by striking subparagraph (A) and inserting the follow-
ing: 
"(A) for the discretionary category: $681,441,000,000 
in new budget authority and $670,206,000,000 in outlays;"; 
(2) in subparagraph (C), by striking the second "and" after 
the semicolon; and 
(3) in subparagraph (D), by striking "$1,232,000,000" and 
inserting "$1,473,000,000". 
(b) REVISED AGGREGATES AND ALLOCATIONS.—Upon the enact-
ment of this section, the chairman of the Committee on the Budget 
of the House of Representatives and the chairman of the Committee 
on the Budget of the Senate shall each— 
(1) revise the aggregate levels of new budget authority 
and outlays for fiscal year 2002 set in sections 101(2) and 
101(3) of the concurrent resolution on the budget for fiscal 
year 2002 (H. Con. Res. 83, 107th Congress), to the extent 
necessary to reflect the revised limits on discretionary budget 
authority and outlays for fiscal year 2002 provided in subsection 
(a); 
(2) revise allocations under section 302(a) of the Congres-
sional Budget Act of 1974 to the Committee on Appropriations 
of their respective House as initially set forth in the joint 
explanatory statement of managers accompanying the con-
ference report on that concurrent resolution, to the extent nec-
essary to reflect the revised limits on discretionary budget 
authority and outlays for fiscal year 2002 provided in subsection 
(a); and 
(3) publish those revised aggregates and allocations in the 
Congressional Record. 
(c) REPEAL OF SECTION 203 OF BUDGET RESOLUTION FOR FISCAL 
YEAR 2002.—Section 203 of the concurrent resolution on the budget 
for fiscal year 2002 (H. Con. Res. 83, 107th Congress) is repealed. 
(d) ADJUSTMENTS.—If, for fiscal year 2002, the amount of new 
budget authority provided in appropriation Acts exceeds the discre-
tionary spending limit on new budget authority for any category 
due to technical estimates made by the Director of the Office of 
Management and Budget, the Director shall make an adjustment 
equal to the amount of the excess, but not to exceed an amount 
equal to 0.12 percent of the sum of the adjusted discretionary 
limits on new budget authority for all categories for fiscal year 
2002. 
SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In preparing the final 
sequestration report for fiscal year 2002 required by section 254(f)(3) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, 
the Director of the Office of Management and Budget shall change 
any balance of direct spending and receipts legislation for fiscal 
years 2001 and 2002 under section 252 of that Act to zero. 
SEC. 103. When the President submits a budget of the United 
States Government under section 1105(a) of title 31, United States 
Code, for fiscal year 2003, he shall submit a report to the Congress 
that identifies any emergency-designated funding (pursuant to sec-
tion 251(b)(2)(A) or section 252(e) of the Balanced Budget and 
Emergency Deficit Control Act of 1985) in legislation enacted after 
September 11, 2001, and before such submission in response to 
the events of September 11, 2001, that is of an ongoing and recur-
ring nature. 
PUBLIC LAW 107-117—JAN. 10, 2002 
115 STAT. 2343 
SEC. 104. (a) The section 302(a) allocations, as adjusted pursu-
ant to section 101(b), shall be deemed to be allocations set forth 
in the joint explanatory statement of managers accompanying the 
concurrent resolution on the budget for fiscal year 2002 for all 
purposes under titles III and IV of the Congressional Budget Act 
of 1974. 
(b) REPEALER.—Section 221(d)(2) of the concurrent resolution 
on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress, 
1st session) is repealed. 
DIVISION D—MISCELLANEOUS PROVISIONS 
TITLE I—CONVEYANCE OF HOMESTAKE H
o
m
e
s
t
a
k
e
M
m
e 
MINE 
o'Sr^^^* 
South Dakota. 
SEC. 101. SHORT TITLE. 
This title may be cited as the "Homestake Mine Conveyance 
Act of 2001". 
SEC. 102. FINDINGS. 
Congress finds the following: 
(1) The United States is among the leading nations in 
the world in conducting basic scientific research. 
(2) That leadership position strengthens the economy and 
national defense of the United States and provides other impor-
tant benefits. 
(3) The Homestake Mine in Lead, South Dakota, owned 
by the Homestake Mining Company of California, is approxi-
mately 8,000 feet deep and is situated in a unique physical 
setting that is ideal for carrying out certain types of particle 
physics and other research. 
(4) The Mine has been selected by the National Under-
ground Science Laboratory Committee, an independent panel 
of distinguished scientists, as the preferred site for the construc-
tion of the National Underground Science Laboratory. 
(5) Such a laboratory would be used to conduct scientific 
research that would be funded and recognized as significant 
by the United States. 
(6) The establishment of the laboratory is in the national 
interest and would substantially improve the capability of the 
United States to conduct important scientific research. 
(7) For economic reasons, Homestake intends to cease oper-
ations at the Mine in 2001. 
(8) On cessation of operations of the Mine, Homestake 
intends to implement reclamation actions that would preclude 
the establishment of a laboratory at the Mine. 
(9) Homestake has advised the State that, after cessation 
of operations at the Mine, instead of closing the entire Mine, 
Homestake is willing to donate the underground portion of 
"- the Mine and certain other real and personal property of 
substantial value at the Mine for use as the National Under-
ground Science Laboratory. 
(10) Use of the Mine as the site for the laboratory, instead 
of other locations under consideration, would result in a savings 
of millions of dollars for the Federal Government. 
115 STAT. 2344 
PUBLIC LAW 107-117-^AN. 10, 2002 
(11) If the Mine is selected as the site for the laboratory, 
it is essential that closure of the Mine not preclude the location 
of the laboratory at the Mine. 
(12) Homestake is unwilling to donate, and the State is 
unwilling to accept, the property at the Mine for the laboratory 
if Homestake and the State would continue to have potential 
liability with respect to the transferred property. 
(13) To secure the use of the Mine as the location for 
the laboratory and to realize the benefits of the proposed labora-
tory it is necessary for the United States to— 
(A) assume a portion of any potential future liability 
of Homestake concerning the Mine; and 
(B) address potential liability associated with the oper-
ation of the laboratory. 
SEC. 103. DEFINITIONS. 
In this title: 
(1) ADMINISTRATOR.—The term "Administrator" means the 
Administrator of the Environmental Protection Agency. 
(2) AFFILIATE.— 
(A) IN GENERAL.—The term "affiliate" means any cor-
poration or other person that controls, is controlled by, 
or is under common control with Homestake. 
(B) INCLUSIONS.—The term "affiHate" includes 
a 
director, officer, or employee of an affiliate. 
(3) CONVEYANCE.—The term "conveyance" means 
the 
conveyance of the Mine to the State under section 104(a). 
(4) FUND.—The term "Fund" means the Environment and 
Project Trust Fund established under section 108. 
(5) HOMESTAKE.— 
(A) IN GENERAL.—The term "Homestake" means the 
Homestake Mining Company of California, a California 
corporation. 
(B) INCLUSION.—The term "Homestake" includes— 
(i) a director, officer, or employee of Homestake; 
(ii) an affiliate of Homestake; and 
(iii) any successor of Homestake or successor to 
the interest of Homestake in the Mine. 
(6) INDEPENDENT ENTITY.—The term "independent entity" 
means an independent entity selected jointly by Homestake, 
the South Dakota Department of Environment and Natural 
Resources, and the Administrator— 
(A) to conduct a due diligence inspection under section 
104(b)(2)(A); and 
(B) to determine the fair value of the Mine under 
section 105(a). 
(7) INDIAN TRIBE.—The term "Indian tribe" has the meaning 
given the term in section 4 of the Indian Self-Determination 
and Education Assistance Act (25 U.S.C. 450b). 
(8) LABORATORY.— 
(A) IN GENERAL.—The term "laboratory" means the 
national underground science laboratory proposed to be 
established at the Mine after the conveyance. 
(B) INCLUSION.—The term "laboratory" includes oper-
ating and support facilities of the laboratory. 
(9) MINE.— 
PUBLIC LAW 107-117^JAN. 10, 2002 
115 STAT. 2345 
(A) IN GENERAL.—The term "Mine" means the portion 
of the Homestake Mine in Lawrence County, South Dakota, 
proposed to be conveyed to the State for the estabUshment 
and operation of the laboratory. 
(B) INCLUSIONS.—The term "Mine" includes— 
(i) real property, mineral and oil and gas rights, 
shafts, tunnels, structures, backfill, broken rock, fix-
tures, facilities, and personal property to be conveyed 
for establishment and operation of the laboratory, as 
agreed upon by Homestake and the State; and 
(ii) any water that flows into the Mine from any 
source. 
(C) EXCLUSIONS.—The term "Mine" does not include— 
(i) the feature known as the "Open Cut"; 
(ii) any tailings or tailings storage facility (other 
than backfill in the portion of the Mine described in 
subparagraph (A)); or 
(iii) any waste rock or any site used for the 
dumping of waste rock (other than broken rock in 
the portion of the Mine described in subparagraph 
(A)). 
(10) PERSON.—The term "person" means— 
(A) an individual; 
(B) a trust, firm, joint stock company, corporation 
(including a government corporation), partnership, associa-
tion, limited liability company, or any other type of business 
entity; 
(C) a State or political subdivision of a State; 
(D) a foreign governmental entity; 
(E) an Indian tribe; and 
(F) any department, agency, or instrumentality of the 
United States. 
(11) PROJECT SPONSOR.—The term "project sponsor" means 
an entity that manages or pays the costs of one or more projects 
that are carried out or proposed to be carried out at the labora-
tory. 
(12) SCIENTIFIC ADVISORY BOARD.—The term "Scientific 
Advisory Board" means the entity designated in the manage-
ment plan of the laboratory to provide scientific oversight for 
the operation of the laboratory. 
(13) STATE.— 
(A) IN GENERAL.—The term "State" means the State 
of South Dakota. 
(B) INCLUSIONS.—The term "State" includes an institu-
tion, agency, officer, or employee of the State. 
SEC. 
1
0
4
. 
CONVEYANCE 
OF 
REAL 
PROPERTY. 
(a) IN GENERAL.— 
(1) DELIVERY OF DOCUMENTS.—Subject to paragraph (2) 
and subsection (b) and notwithstanding any other provision 
of law, on the execution and delivery by Homestake of one 
or more quitclaim deeds or bills of sale conveying to the State 
all right, title, and interest of Homestake in and to the Mine, 
title to the Mine shall pass from Homestake to the State. 
(2) CONDITION OF MINE ON CONVEYANCE.—The Mine shall 
be conveyed as is, with no representations as to the condition 
of the property. 
115 STAT. 2346 
PUBLIC LAW 107-117-^AN. 10, 2002 
(b) REQUIREMENTS FOR CONVEYANCE.— 
(1) IN GENERAL.—The Administrator's acceptance of the 
final report or certification of the independent entity under 
paragraph (4) is a condition precedent of the conveyance and 
of the assumption of Habihty by the United States in accordance 
with this title. 
(2) DUE DILIGENCE INSPECTION.— 
(A) IN GENERAL.—^As a condition precedent of convey-
ance and of Federal participation described in this title, 
Homestake shall permit an independent entity to conduct 
a due diligence inspection of the Mine to determine whether 
any condition of the Mine may present an imminent and 
substantial endangerment to public health or the environ-
ment. 
(B) CONSULTATION.—^As a condition precedent of the 
conduct of a due diligence inspection, the Administrator, 
in consultation with Homestake, the South Dakota Depart-
ment of Environment and Natural Resources, and the inde-
pendent entity, shall define the methodology and standards 
to be used, and other factors to be considered, by the 
independent entity in— 
(i) the conduct of the due diligence inspection; 
(ii) the scope of the due diligence inspection; and 
(iii) the time and duration of the due diligence 
inspection. 
(C) PARTICIPATION BY HOMESTAKE.—Nothing in this 
paragraph requires Homestake to participate in the conduct 
of the due diligence inspection. 
(3) REPORT TO THE ADMINISTRATOR.— 
(A) IN GENERAL.—The independent entity shall submit 
to the Administrator a report that— 
(i) describes the results of the due diligence inspec-
tion under paragraph (2); and 
(ii) identifies any condition of or in the Mine that 
may 
present 
an 
imminent 
and 
substantial 
endangerment to public health or the environment. 
(B) PROCEDURE.— 
(i) DRAFT REPORT.—Before finalizing the report 
under this paragraph, the independent entity shall— 
(I) issue a draft report; 
(II) submit to the Administrator, Homestake, 
and the State a copy of the draft report; 
Notice. 
(Ill) issue a public notice requesting comments 
on the draft report that requires all such comments 
to be filed not later than 45 days after issuance 
of the public notice; and 
(IV) during that 
45-day public comment 
period, conduct at least one public hearing in Lead, 
-South Dakota, to receive comments on the draft 
report. 
(ii) FINAL REPORT.—In the final report submitted 
to the Administrator under this paragraph, the inde-
pendent entity shall respond to, and incorporate nec-
essary changes suggested by, the comments received 
on the draft report. 
(4) REVIEW AND APPROVAL BY ADMINISTRATOR.— 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2347 
(A) IN GENERAL.—Not later than 60 days after receiving Deadline, 
the final report under paragraph (3), the Administrator 
shall— 
(i) review the report; and 
(ii) notify the State in writing of acceptance or Notification. 
rejection of the final report. 
(B) CONDITIONS FOR REJECTION.—The Administrator 
may reject the final report if the report discloses one or 
more conditions that— 
(i) as determined by the Administrator, may 
present an imminent and substantial endangerment 
to the public health or the environment and require 
a response action; or 
(ii) otherwise make the conveyance in section 104, 
or the assumption of liability, the release of liability, 
or the indemnification in section 106 contrary to the 
public interest. 
(C) RESPONSE ACTIONS AND CERTIFICATION.— 
(i) RESPONSE ACTIONS.— 
(I) IN GENERAL.—If the Administrator rejects 
the final report, Homestake may carry out or bear 
the cost of, or permit the State or another person 
to carry out or bear the cost of, such response 
actions as are necessary to correct any condition 
identified by the Administrator under subpara-
graph (B)(i) that may present an imminent and 
substantial endangerment to public health or the 
environment. 
(II) LONG-TERM RESPONSE ACTIONS.— 
(aa) IN GENERAL.—In a case in which the 
Administrator determines that a condition 
identified 
by the Administrator 
under 
subparagraph 
(B)(i) 
requires 
continuing 
response action, or response action that can 
be completed only as part of the final closure 
of the laboratory, it shall be a condition of 
conveyance that Homestake, the State, or 
another person deposit into the Fund such 
amount as is estimated by the independent 
entity, on a net present value basis and after 
taking into account estimated interest on that 
basis to be sufficient to pay the costs of the 
long-term response action or the response 
action that will be completed as part of the 
final closure of the laboratory. 
(bb) LIMITATION ON USE OF FUNDS.—None 
of the funds deposited into the Fund under 
item (aa) shall be expended for any purpose 
other than to pay the costs of the long-term 
response action, or the response action that 
will be completed as part of the final closure 
of the Mine, identified under that item. 
(ii) 
CONTRIBUTION BY HOMESTAKE.—The total 
amount that Homestake may expend, pay, or deposit 
into the Fund under subclauses (I) and (II) of clause 
(i) shall not exceed— 
(I) $75,000,000; less 
115 STAT. 2348 
PUBLIC LAW 107-117—JAN. 10, 2002 
(II) the fair value of the Mine as determined 
under section 105(a). 
(iii) CERTIFICATION.— 
(I) IN GENERAL.—^After any response actions 
described in clause (i)(I) are carried out and any 
required funds are deposited under clause (i)(II), 
the independent entity may certify to the Adminis-
trator that the conditions for rejection identified 
by the Administrator under subparagraph (B) have 
been corrected. 
(II) ACCEPTANCE OR REJECTION OF CERTIFI-
Deadline. 
CATION.—Not later than 60 days after an inde-
pendent entity makes a certification under sub-
clause (I), the Administrator shall accept or reject 
the certification. 
(c) REVIEW OF CONVEYANCE.—For the purposes of the convey-
ance, the requirements of this section shall be considered to be 
sufficient to meet any requirement of the National Environmental 
PoHcy Act of 1969 (42 U.S.C. 4321 et seq.). 
SEC. 105. ASSESSMENT OF PROPERTY. 
(a) VALUATION OF PROPERTY.—The independent entity shall 
assess the fair value of the Mine. 
(b) FAIR VALUE.—For the purposes of this section, the fair 
value of the Mine shall be the fair market value as determined 
by an appraisal in conformance with the Uniform Appraisal Stand-
ards for Federal Land Acquisition. To the extent appraised items 
only have value to the Federal Government for the purpose of 
constructing the laboratory, the appraiser shall also add to the 
assessment of fair value the estimated cost of replacing the shafts, 
winzes, hoists, tunnels, ventilation system and other equipment 
and improvements at the Mine that are expected to be used at, 
or that will be useful to, the laboratory. 
Deadline. 
(c) REPORT.—Not later than the date on which each report 
developed in accordance with section 104(b)(3) is submitted to the 
Administrator, the independent entity described in subsection (a) 
shall submit to the State a report that identifies the fair value 
assessed under subsection (a). 
SEC. 106. LIABILITY. 
(a) ASSUMPTION OF LL\BILITY.— 
(1) ASSUMPTION.—Subject to paragraph (2), notwith-
standing any other provision of law, on completion of the 
conveyance in accordance with this title, the United States 
shall assume any and all liability relating to the Mine and 
laboratory, including liability for— 
(A) damages; 
(B) reclamation; 
(C) the costs of response to any hazardous substance 
(as defined in section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9601)), contaminant, or other material on, under, 
or relating to the Mine and laboratory; and 
(D) closure of the Mine and laboratory. 
(2) CLAIMS AGAINST UNITED STATES.—In the case of any 
claim brought against the United States, the United States 
shall be liable for— 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2349 
(A) damages under paragraph (1)(A), only to the extent 
that an award of damages is made in a civil action brought 
under chapter 171 of title 28, United States Code, notwith-
standing that the act or omission giving rise to the claim 
was not committed by an employee of the United States; 
and 
(B) response costs under paragraph (1)(C), only to the 
extent that an award of response costs is made in a civil 
action brought under— 
(i) the Federal Water Pollution Control Act (33 
U.S.C. 1251etseq.); 
(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 
et seq.); 
(iii) the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 
9601 et seq.); or 
(iv) any other applicable Federal environmental 
law, as determined by the Administrator. 
(b) LIABILITY PROTECTION.—On completion of the conveyance, 
neither Homestake nor the State shall be liable to any person 
or the United States for injuries, costs, injunctive relief, reclamation, 
damages (including damages to natural resources or the environ-
ment), or expenses, or liable under any other claim (including 
claims for indemnification or contribution, claims by third parties 
for death, personal injury, illness, or loss of or damage to property, 
or claims for economic loss), under any law (including a regulation) 
for any claim arising out of or in connection with contamination, 
pollution, or other condition, use, or closure of the Mine and labora-
tory, regardless of when a condition giving rise to the liability 
originated or was discovered. 
(c) INDEMNIFICATION.—Notwithstanding any other provision of 
law, on completion of the conveyance in accordance with this title, 
the United States shall indemnify, defend, £ind hold harmless 
Homestake and the State from and against— 
(1) any and all liabilities and claims described in subsection 
(a), without regard to any limitation under subsection (a)(2); 
and 
(2) any and all liabilities and claims described in subsection 
(b). 
(d) WAIVER OF SOVEREIGN IMMUNITY.—For purposes of this 
title, the United States waives any claim to sovereign immunity 
with respect to any claim of Homestake or the State under this 
title. 
(e) TIMING FOR ASSUMPTION OF LIABILITY.—If the conveyance 
is effectuated by more than one legal transaction, the assumption 
of liability, liability protection, indemnification, and waiver of sov-
ereign immunity provided for under this section shall apply to 
each legal transaction, as of the date on which the transaction 
is completed and with respect to such portion of the Mine as 
is conveyed under that transaction. 
(f) EXCEPTIONS FOR CERTAIN CLAIMS.—Nothing in this section 
constitutes an assumption of liability by the United States, or 
relief of liability of Homestake, for— 
(1) any unemployment, worker's compensation, or other 
employment-related claim or cause of action of an employee 
of Homestake that arose before the date of conveyance; 
115 STAT. 2350 
PUBLIC LAW 107-117^JAN. 10, 2002 
(2) any claim or cause of action that arose before the 
date of conveyance, other than claims relating to environmental 
response costs or natural resource damages; or 
(3) any violation of any provision of criminal law. 
(g) 
EXCEPTION 
FOR OFF-SITE 
ENVIRONMENTAL 
CLAIMS.— 
Nothing in this title constitutes an assumption of liability by the 
United States, relief of liability for Homestake, or obligation to 
indemnify Homestake, for any claim, injury, damage, liability, or 
reclamation or cleanup obligation with respect to any property 
or asset that is not conveyed under this title, except to the extent 
that any such claim, injury, damage, liability, or reclamation or 
cleanup obligation is based on activities or events at the Mine 
subsequent to the date of conveyance. 
SEC. 107. INSURANCE COVERAGE. 
(a) PROPERTY AND LIABILITY INSURANCE.— 
(1) IN GENERAL.—To the extent property and liability insur-
ance is available and subject to the requirements described 
in paragraph (2), the State shall purchase property and liability 
insurance for the Mine and the operation of the laboratory 
to provide coverage against the liability described in subsections 
(a) and (b) of section 106. 
(2) REQUIREMENTS.—The requirements referred to in para-
graph (1) are the following: 
(A) TERMS OF INSURANCE.—In determining the type, 
extent of coverage, and policy limits of insurance purchased 
under this subsection, the State shall— 
(i) periodically consult with the Administrator and 
the Scientific Advisory Board; and 
(ii) consider certain factors, including— 
(I) the nature of the projects and experiments 
being conducted in the laboratory; 
(II) the availability and cost of commercial 
insurance; and 
(III) the amount of funding available to pur-
chase commercial insurance. 
(B) ADDITIONAL TERMS.—The insurance purchased by 
the State under this subsection may provide coverage that 
is— 
(i) secondary to the insurance purchased by project 
sponsors; and 
(ii) in excess of amounts available in the Fund 
to pay any claim. 
(3) FINANCING OF INSURANCE PURCHASE.— 
(A) IN GENERAL.—Subject to section 108, the State 
may finance the purchase of insurance required under this 
subsection by using— 
(i) funds made available from the Fund; and 
(ii) such other funds as are received by the State 
for the purchase of insurance for the Mine and labora-
tory. 
(B) No REQUIREMENT TO USE STATE FUNDS.—Nothing 
in this title requires the State to use State funds to pur-
chase insurance required under this subsection. 
(4) ADDITIONAL INSURED.—^Any insurance purchased by the 
State under this subsection shall— 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2351 
(A) name the United States as an additional insured; 
or 
(B) otherwise provide that the United States is a bene-
ficiary of the insurance poHcy having the primary right 
to enforce all rights of the United States under the policy. 
(5) TERMINATION OF OBLIGATION TO PURCHASE INSUR-
ANCE.—The obligation of the State to purchase insurance under 
this subsection shall terminate on the date on which— 
(A) the Mine ceases to be used as a laboratory; or 
(B) sufficient funding ceases to be available for the 
operation and maintenance of the Mine or laboratory. 
(b) PROJECT INSURANCE.— 
(1) IN GENERAL.—The State, in consultation with the 
Administrator and the Scientific Advisory Board, may require, 
as a condition of approval of a project for the laboratory, that 
a project sponsor provide property and liability insurance or 
other applicable coverage for potential liability associated with 
the project described in subsections (a) and (b) of section 106. 
(2) ADDITIONAL INSURED.—^Any insurance obtained by the 
project sponsor under this section shall— 
(A) name the State and the United States as additional 
insureds; or 
(B) otherwise provide that the State and the United 
States are beneficiaries of the insurance policy having the 
primary right to enforce all rights under the policy. 
(c) STATE INSURANCE.— 
(1) IN GENERAL.—To the extent required by State law, 
the State shall purchase, with respect to the operation of the 
Mine and the laboratory— 
(A) unemployment compensation insurance; and 
(B) worker's compensation insurance. 
(2) PROHIBITION ON USE OF FUNDS FROM FUND.—^A State 
shall not use funds from the Fund to carry out paragraph 
(1). 
SEC. 
1
0
8
. 
ENVIRONMENT 
AND 
PROJECT 
TRUST 
FUND. 
(a) ESTABLISHMENT.—On completion of the conveyance, the 
State shall establish, in an interest-bearing account at an accredited 
financial institution located within the State, the Environment and 
Project Trust Fund. 
(b) AMOUNTS.—The Fund shall consist of— 
(1) an annual deposit from the operation and maintenance 
funding provided for the laboratory in an amount to be 
determined— 
(A) by the State, in consultation with the Administrator 
and the Scientific Advisory Board; and 
(B) after taking into consideration— 
(i) the nature of the projects and experiments being 
conducted at the laboratory; 
(ii) available amounts in the Fund; 
(iii) any pending costs or claims that may be 
required to be paid out of the Fund; and 
(iv) the amount of funding required for future 
actions associated with the closure of the facility; 
(2) an amount determined by the State, in consultation 
with the Administrator and the Scientific Advisory Board, and 
115 STAT. 2352 
PUBLIC LAW 107-117-^AN. 10, 2002 
to be paid by the appropriate project sponsor, for each project 
to be conducted, which amount— 
(A) shall be used to pay— 
(i) costs incurred in removing from the Mine or 
laboratory equipment or other materials related to the 
project; 
(ii) claims arising out of or in connection with 
the project; and 
(iii) if any portion of the amount remains after 
paying the expenses described in clauses (i) and (ii), 
other costs described in subsection (c); and 
(B) may, at the discretion of the State, be assessed— 
(i) annually; or 
(ii) in a lump sum as a prerequisite to the approval 
of the project; 
(3) interest earned on amounts in the Fund, which amount 
of interest shall be used only for a purpose described in sub-
section (c); and 
(4) all other funds received and designated by the State 
for deposit in the Fund. 
(c) EXPENDITURES FROM FUND.—Amounts in the Fund shall 
be used only for the purposes of funding— 
(1) waste and hazardous substance removal or remediation, 
or other environmental cleanup at the Mine; 
(2) removal of equipment and material no longer used, 
or necessary for use, in conjunction with a project conducted 
at the laboratory; 
(3) a claim arising out of or in connection with the con-
ducting of such a project; 
(4) purchases of insurance by the State as required under 
section 107; 
(5) payments for and other costs relating to liability 
described in section 106; and 
(6) closure of the Mine and laboratory. 
(d) FEDERAL PAYMENTS FROM FUND.—The United States— 
(1) to the extent the United States assumes liability under 
section 106— 
(A) shall be a beneficiary of the Fund; and 
(B) may direct that amounts in the Fund be applied 
to pay amounts and costs described in this section; and 
(2) may take action to enforce the right of the United 
States to receive one or more payments from the Fund. 
(e) No REQUIREMENT OP DEPOSIT OF PUBLIC FUNDS.—Nothing 
in this section requires the State to deposit State funds as a 
condition of the assumption by the United States of liability, or 
the relief of the State or Homestake from liability, under section 
106. 
SEC. 109. WASTE ROCK MIXING. 
After completion of the conveyance, the State shall obtain the 
approval of the Administrator before disposing of any material 
quantity of laboratory waste rock i
f
— 
(1) the disposal site is on land not conveyed under this 
title; and 
(2) the State determines that the disposal could result 
in commingling of laboratory waste rock with waste rock dis-
posed of by Homestake before the date of conveyance. 
PUBLIC LAW 107-117-JAN. 10, 2002 
115 STAT. 2353 
SEC. 
1
1
0
. 
REQUIREMENTS 
FOR 
OPERATION 
OF 
LABORATORY. 
After the conveyance, nothing in this title exempts the labora-
tory from compliance with any law (including a Federal environ-
mental law). 
SEC. 111. CONTINGENCY. 
This title shall be effective contingent on approval by the 
National Science Board and the making of an award by the National 
Science Foundation for the establishment of the laboratory at the 
Mine. 
SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE. 
If the conveyance under this title does not occur, any obligation 
of Homestake relating to the Mine shall be limited to such reclama-
tion or remediation as is required under any applicable law other 
than this title. 
SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS. 
The United States may seek payment— 
(1) from the Fund, under section 108(d), to pay or reimburse 
the United States for amounts payable or liabilities incurred 
under this title; and 
(2) from available insurance, to pay or reimburse the 
United States and the Fund for amounts payable or liabilities 
incurred under this title. 
SEC. 114. CONSENT DECREES. 
Nothing in this title affects any obligation of a party under— 
(1) the 1990 Remedial Action Consent Decree (Civ. No. 
90-5101 D.S.D.); or 
(2) the 1999 Natural Resource Damage Consent Decree 
(Civ. Nos. 97-5078 and 97-5100, D. S.D.). 
SEC. 115. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as are 
necessary to carry out this title. 
SEC. 116. CONGRESSIONAL BUDGET ACT. 
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee of 
conference accompanying Conference Report 105-217, the provisions 
of this title that would have been estimated by the Office of Manage-
ment and Budget as changing direct spending or receipts under 
section 252 of the Balanced Budget and Emergency Deficit Control 
Act of 1985 were it included in an Act other than an appropriations 
Act shall be treated as direct spending or receipts legislation, as 
appropriate, under section 252 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985, and by the Chairmen of the 
House and Senate Budget Committees, as appropriate, under the 
Congressional Budget Act. 
TITLE II—GENERAL PROVISION, THIS DIVISION 
SEC. 201. TRUSTEES OF THE JOHN F . KENNEDY CENTER FOR 
THE PERFORMING ARTS, (a) MEMBERSHIP.—Section 2(a) of the John 
F. Kennedy Center Act (20 U.S.C. 76h(a)) is amended— 
(1) by striking "There is hereby" and inserting the fol-
lowing: 
"(1) IN GENERAL.—There is"; and 
115 STAT. 2354 
PUBLIC LAW 107-117-^JAN. 10, 2002 
(2) by striking the second sentence and inserting the fol-
lowing: 
"(2) MEMBERSHIP.—The Board shall be composed of— 
"(A) the Secretary of Health and Human Services; 
"(B) the Librarian of Congress; 
"(C) the Secretary of State; 
"(D) the Chairman of the Commission of Fine Arts; 
"(E) the Mayor of the District of Columbia; 
"(F) the Superintendent of Schools of the District of 
Columbia; 
"(G) the Director of the National Park Service; 
"(H) the Secretary of Education; 
"(I) the Secretary of the Smithsonian Institution; 
"(J)(i) the Speaker and the Minority Leader of the 
House of Representatives; 
"(ii) the chairman and ranking minority member of 
the Committee on Public Works and Transportation of 
the House of Representatives; and 
"(iii) three additional Members of the House of Rep-
resentatives appointed by the Speaker of the House of 
Representatives; 
"(K)(i) the Majority Leader and the Minority Leader 
of the Senate; 
"(ii) the chairman and ranking minority member of 
the Committee on Environment and Public Works of the 
Senate; and 
"(iii) three additional Members of the Senate appointed 
by the President of the Senate; and 
"(L) thirty-six general trustees, who shall be citizens 
of the United States, to be appointed in accordance with 
subsection (b).". 
Applicability. 
(b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES.—Section 
20 use 76h note. 2(b) of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall 
apply to each general trustee of the John F. Kennedy Center for 
the Performing Arts whose position is established by the amend-
ment made by subsection (a)'2) (referred to in this subsection as 
a "new general trustee"), except that the initial term of office 
of each new general trustee shall— 
Effective date. 
(1) commence on the date on which the new general trustee 
President. 
is appointed by the President; and 
Termination 
(2) terminate on September 1, 2007. 
date. 
PUBLIC LAW 107-117-^AN. 10, 2002 
115 STAT. 2355 
This Act may be cited as the "Department of Defense and 
Emergency Supplemental Appropriations for Recovery from and 
Response to Terrorist Attacks on the United States Act, 2002". 
Approved January 10, 2002. 
LEGISLATIVE HISTORY—H.R. 3338: 
HOUSE REPORTS: Nos. 107-298 (Comm. on Appropriations) and 
107-350 
(Comm. of Conference). 
SENATE REPORTS: No. 107-109 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 147 (2001): 
Nov. 28, considered and passed House. 
Dec. 6, 7, considered and passed Senate, amended. 
Dec. 20, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002): 
Jan. 10, Presidential remarks and statement.