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HR 3338 EAS

In the Senate of the United States,

December 7, 2001.

Resolved, That the bill from the House of Representatives (H.R. 3338) entitled `An Act making appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes.', do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

    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:

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 stations, for members of the Army 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), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund, $23,446,734,000.

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 stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; and for payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund, $19,465,964,000.

Military Personnel, Marine Corps

    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 stations, 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), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund, $7,335,370,000.

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 stations, 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), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military Retirement Fund, $20,032,704,000.

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, $1,650,523,000.

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 undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $466,300,000.

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 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 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, $4,052,695,000.

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 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, $1,783,744,000.

TITLE II

OPERATION AND MAINTENANCE

Operation and Maintenance, Army

    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 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, $22,941,588,000.

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 $4,569,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes, $27,038,067,000.

Operation and Maintenance, Marine Corps

    For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $2,903,863,000.

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, $26,303,436,000.

Operation and Maintenance, Defense-Wide

    For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $12,864,644,000, 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.

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 equipment; 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 equipment; 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 transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,023,866,000.

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, operation, 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 compliance with National Guard Bureau regulations when specifically 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), $3,743,808,000.

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, maintenance, 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 specifically authorized by the Chief, National Guard Bureau, $3,998,361,000.

United States Courts 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.

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 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.

Environmental Restoration, Navy

(INCLUDING TRANSFER OF FUNDS)

    For the Department of the Navy, $257,517,000, to remain available until transferred: Provided, That the Secretary of the Navy 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 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 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, 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 available 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.

Environmental Restoration, Defense-Wide

(INCLUDING TRANSFER OF FUNDS)

    For the Department of Defense, $23,492,000, to remain available until transferred: Provided, That the Secretary of Defense 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 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 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, Formerly Used Defense Sites

(INCLUDING TRANSFER OF FUNDS)

    For the Department of the Army, $230,255,000, 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 available 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), $44,700,000, to remain available until September 30, 2003.

Former Soviet Union Threat Reduction

    For assistance to the republics of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons; for establishing programs to prevent the proliferation of weapons, weapons components, and weapon-related technology and expertise; for programs relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and weapons technology and expertise, and for defense and military contacts, $357,000,000, to remain available until September 30, 2004: Provided, That of the amounts provided under this heading, $15,000,000 shall be available only to support the dismantling and disposal of nuclear submarines and submarine reactor components in the Russian Far East.

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.

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; 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, $1,893,891,000, 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; 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, $1,774,154,000, 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 ordnance, 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, $2,174,546,000, 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, 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, $1,171,465,000, 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; 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, $4,160,186,000, 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, $8,030,043,000, 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, $1,478,075,000, to remain available for obligation until September 30, 2004.

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, $442,799,000, 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), $279,440,000;

      NSSN, $1,608,914,000;

      NSSN (AP), $684,288,000;

      CVN Refuelings, $1,118,124,000;

      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;

      Cruiser conversion (AP), $458,238,000;

      LPD-17 (AP), $155,000,000;

      LHD-8, $267,238,000;

      LCAC landing craft air cushion program, $52,091,000;

      Prior year shipbuilding costs, $725,000,000; and

      For craft, outfitting, post delivery, conversions, and first destination transformation transportation, $307,230,000;

    In all: $9,294,211,000, to remain available for obligation until September 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.

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 equipment layaway, $4,146,338,000, 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, $974,054,000, to remain available for obligation until September 30, 2004.

Aircraft Procurement, Air Force

    For construction, procurement, lease, and modification of aircraft 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, $10,617,332,000, 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 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, $3,657,522,000, 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, $873,344,000, 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 electronic 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 passenger vehicles but not to exceed $200,000; 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 equipment layaway, $8,144,174,000, 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 115 passenger motor vehicles for replacement only; the purchase of 10 vehicles required for physical security of personnel, notwithstanding price limitations applicable to passenger vehicles but not to exceed $250,000 per vehicle; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $1,473,795,000, to remain available for obligation until September 30, 2004.

Defense Production Act Purchases

    For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $15,000,000 to remain available until expended, of which, $3,000,000 may be used for a Processible Rigid-Rod Polymeric Material Supplier Initiative 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, $560,505,000, to remain available for obligation until September 30, 2004: Provided, That the Chiefs of the Reserve and National Guard components shall, not later than 30 days after the enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective Reserve or National Guard component.

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, $6,742,123,000, 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, $10,742,710,000, 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, $13,859,401,000, to remain available for obligation until September 30, 2003.

Research, Development, Test and Evaluation, Defense-Wide

    For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $14,445,589,000, to remain available for obligation until September 30, 2003.

Operational Test and Evaluation, Defense

    For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $216,855,000, to remain available for obligation until September 30, 2003.

TITLE V

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

    For the Defense Working Capital Funds; $1,826,986,000: Provided, 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), $407,408,000, 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 shipboard 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 department responsible for such procurement may waive the restrictions in the first proviso 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.

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, $18,376,404,000, of which $17,656,185,000 shall be for Operation 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 $452,304,000, to remain available for obligation until September 30, 2003, shall be for Research, development, test and evaluation.

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, $1,104,557,000, 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 $201,379,000 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 Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components 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, $865,981,000: Provided, 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, 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 under this heading is in addition 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 General in carrying out the provisions of the Inspector General Act of 1978, as amended, $152,021,000, of which $150,221,000 shall be for Operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended on the approval or authority of the Inspector General, and payments may be made on the Inspector General's certificate of necessity for confidential military purposes; and of which $1,800,000 to remain available until September 30, 2004, shall be for Procurement.

TITLE VII

RELATED AGENCIES

CENTRAL INTELLIGENCE AGENCY

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

Intelligence Community Management Account

(INCLUDING TRANSFER OF FUNDS)

    For necessary expenses of the Intelligence Community Management Account, $144,776,000, 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, $27,000,000 shall be transferred to the Department of Justice for the National Drug Intelligence Center to support the Department of Defense's counter-drug intelligence responsibilities, 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, $75,000,000, to remain available until expended.

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 authorized by the Congress.

    SEC. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

    SEC. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein.

    SEC. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(TRANSFER OF FUNDS)

    SEC. 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department 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 Secretary of Defense shall notify the Congress promptly of all transfers 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 March 31, 2002.

(TRANSFER OF FUNDS)

    SEC. 8006. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the `Foreign Currency Fluctuations, Defense' appropriation and the `Operation and Maintenance' appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer. Except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

    SEC. 8007. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in session in advance to the congressional defense committees.

    SEC. 8008. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any 1 year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any 1 year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, 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 determine lowest cost compared to an annual procurement.

    Funds appropriated in title III of this Act may be used for multiyear procurement contracts as follows:

      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 appropriated 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 on 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 documentation supporting the fiscal year 2002 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 2003.

    (c) Nothing in this section shall be construed to apply to military (civilian) technicians.

    SEC. 8011. Notwithstanding any other provision of law, none of the funds made available by this Act shall be used by the Department of Defense to exceed, outside the 50 United States, its territories, and the District of Columbia, 125,000 civilian workyears: Provided, That workyears shall be applied as defined in the Federal Personnel Manual: Provided further, That workyears expended in dependent student hiring programs for disadvantaged youths shall not be included in this workyear limitation.

    SEC. 8012. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress.

    SEC. 8013. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided, That this subsection shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further, That this subsection applies only to active components 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 Department 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 transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protege Program developmental 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 components of anchor and mooring chain shall be considered to be produced 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 manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service 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 disabilities 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 intensity of services required by the patient, and the availability of that care.

    SEC. 8018. Funds available in this Act and hereafter may be used to provide transportation for the next-of-kin of individuals who have been prisoners of war or missing in action from the Vietnam era to an annual meeting in the United States, under such regulations as the Secretary of Defense may prescribe.

    SEC. 8019. Notwithstanding any other provision of law, during the current fiscal year, the Secretary of Defense may, by executive agreement, establish with host nation governments in NATO member states a separate account into which such residual value amounts negotiated in the return of United States military installations 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 military forces in that host nation, or such real property maintenance and base operating costs that are currently executed through monetary transfers to such host nations: Provided further, That the Department of Defense's budget submission for fiscal year 2002 shall identify such sums anticipated in residual value settlements, and identify such construction, real property maintenance or base operating costs that shall be funded by the host nation through such credits: Provided further, That all military construction projects to be executed from such accounts must be previously approved in a prior Act of Congress: Provided further, That each such executive agreement with a NATO member host nation shall be reported to the congressional defense committees, the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate 30 days prior to the conclusion and endorsement of any such agreement established 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.

    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 additional compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).

    SEC. 8023. During the current fiscal year and hereafter, funds appropriated or otherwise available for any Federal agency, the Congress, the judicial branch, or the District of Columbia may be used for the pay, allowances, and benefits of an employee as defined by section 2105 of title 5, United States Code, or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, who--

      (1) is a member of a Reserve component of the Armed Forces, as described in section 10101 of title 10, United States Code, or the National Guard, as described in section 101 of title 32, United States Code;

      (2) performs, for the purpose of providing military aid to enforce the law or providing assistance to civil authorities in the protection or saving of life or property or prevention of injury--

        (A) Federal service under sections 331, 332, 333, or 12406 of title 10, United States Code, or other provision of law, as applicable; or

        (B) full-time military service for his or her State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; and

      (3) requests and is granted--

        (A) leave under the authority of this section; or

        (B) annual leave, which may be granted without regard to the provisions of sections 5519 and 6323(b) of title 5, United States Code, if such employee is otherwise entitled to such annual leave:

    Provided, That any employee who requests leave under subsection (3)(A) for service described in subsection (2) of this section is entitled to such leave, subject to the provisions of this section and of the last sentence of section 6323(b) of title 5, United States Code, and such leave shall be considered leave under section 6323(b) of title 5, United States Code.

    SEC. 8024. None of the funds appropriated by this Act shall be available to perform any cost study pursuant to the provisions of OMB Circular A-76 if the study being performed exceeds a period of 24 months after initiation of such study with respect to a single function activity or 48 months after initiation of such study for a multi-function activity.

    SEC. 8025. Funds appropriated by this Act for the American Forces Information Service shall not be used for any national or international political or psychological activities.

    SEC. 8026. Notwithstanding any other provision of law or regulation, 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 $61,100,000 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 $20,400,000 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 subcontracting plan for the participation by small business concerns pursuant 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 nonprofit agency for the blind or other severely handicapped' means a nonprofit agency for the blind or other severely handicapped that has been approved by the Committee for the Purchase from the Blind and Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-48).

    SEC. 8029. During the current fiscal year, net receipts pursuant to collections from third party payers pursuant to section 1095 of title 10, United States Code, shall be made available to the local facility of the uniformed services responsible for the collections and shall be over and above the facility's direct budget amount.

    SEC. 8030. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided, That upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations.

    SEC. 8031. Of the funds made available in this Act, not less than $24,303,000 shall be available for the Civil Air Patrol Corporation, of which $22,803,000 shall be available for Civil Air Patrol Corporation operation and maintenance to support readiness activities 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.

    SEC. 8032. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) 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 membership 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 contributions, 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 $60,000,000.

    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 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: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act.

    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 Appropriations 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 competition 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 paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

    (2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country.

    (b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2001. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party.

    (c) For purposes of this section, the term `Buy American Act' means title III of the Act entitled `An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes', approved March 3, 1933 (41 U.S.C. 10a et seq.).

    SEC. 8037. Appropriations contained in this Act that remain available at the end of the current fiscal year as a result of energy cost savings realized by the Department of Defense shall remain available for obligation for the next fiscal year to the extent, and for the purposes, provided in section 2865 of title 10, United States Code.

(INCLUDING TRANSFER OF FUNDS)

    SEC. 8038. Amounts deposited during the current fiscal year to the special account established under 40 U.S.C. 485(h)(2) and to the special account established under 10 U.S.C. 2667(d)(1) are appropriated and shall be available until transferred by the Secretary of Defense to current applicable appropriations or funds of the Department of Defense under the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available for the same time period and the same purposes as the appropriation to which transferred.

    SEC. 8039. The Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees by February 1, 2002, a detailed report identifying, by amount and by separate budget activity, activity group, subactivity group, line item, program element, program, project, subproject, and activity, any activity for which the fiscal year 2003 budget request was reduced because the Congress appropriated funds above the President's budget request for that specific activity for fiscal year 2002.

    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 provision 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 Minnesota 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 subsection (b).

    (d) INDIAN TRIBE DEFINED- In this section, the term `Indian tribe' means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C. 479a-1).

    SEC. 8043. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $100,000.

    SEC. 8044. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable 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 documentation 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 budgeted 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 appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2003: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended.

    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 General 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 by 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 damage, 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 provided for in subsection 1459(g)(2).

(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 Secretary of Defense for Reserve Affairs, these funds shall be transferred 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 contracting 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 Congress 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 services entered into without competition on the basis of an unsolicited proposal unless the head of the activity responsible for the procurement 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

      (2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of that headquarters.

    (b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and Senate that the granting of the waiver will reduce the personnel requirements 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. During the current fiscal year and hereafter, funds appropriated or made available by the transfer of funds in this or subsequent Appropriations Acts, 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) until the enactment of the Intelligence Authorization Act for that fiscal year and funds appropriated or made available by transfer of funds in any subsequent Supplemental Appropriations Act enacted after the enactment of the Intelligence Authorization Act for that fiscal year 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. 8054. 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, industrial 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. 8055. Of the funds provided in Department of Defense Appropriations Acts, the following funds are hereby rescinded as of the date of the enactment of this Act from the following accounts in the specified amounts:

      `Aircraft Procurement, Army, 2001/2003', $15,500,000;

      `Aircraft Procurement, Air Force, 2001/2003', $43,983,000;

      `Missile Procurement, Air Force, 2001/2003', $58,550,000;

      `Procurement, Defense-Wide, 2001/2003', $64,170,000;

      `Research, Development, Test and Evaluation, Air Force, 2001/2002', $13,450,000; and

      `Research, Development, Test and Evaluation, Defense-Wide, 2001/2002', $5,664,000.

    SEC. 8056. None of the funds available in this Act may be used to reduce the authorized positions for military (civilian) technicians of the Army National Guard, the Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military (civilian) technicians, unless such reductions are a direct result of a reduction in military force structure.

    SEC. 8057. 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 specifically appropriated for that purpose.

    SEC. 8058. 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 Governor 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. 8059. 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) aggregate: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

    SEC. 8060. Notwithstanding any other provision of law, that not more than 35 percent of funds provided in this Act, for environmental remediation may be obligated under indefinite delivery/indefinite quantity contracts with a total contract value of $130,000,000 or higher.

    SEC. 8061. Of the funds made available under the heading `Operation and Maintenance, Air Force', $12,000,000 shall be available to realign railroad track on Elmendorf Air Force Base and Fort Richardson.

    SEC. 8062. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

    (b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction and counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(TRANSFER OF FUNDS)

    SEC. 8063. 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.

    SEC. 8064. None of the funds made available in 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: Provided, 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 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: 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. 8065. 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 nonreimbursable basis, to the Indian Health Service when it is in conjunction with a civil-military project.

    SEC. 8066. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.

    SEC. 8067. 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 appropriated in this or any other Act.

    SEC. 8068. 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 requirements of this section, on a case-by-case basis, in the interest of national security.

    SEC. 8069. 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 concentrations 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 DOD 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 reimbursable basis.

    SEC. 8070. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES AND SERVICES- Notwithstanding any other provision of law, none of the funds available to the Department of Defense for the current fiscal year may be obligated or expended to transfer to another nation or an international organization any defense articles or services (other than intelligence services) for use in the activities described in subsection (b) unless the congressional defense committees, the Committee on International Relations of the House of Representatives, and the Committee on Foreign Relations of the Senate are notified 15 days in advance of such transfer.

    (b) COVERED ACTIVITIES- This section applies to--

      (1) any international peacekeeping or peace-enforcement operation under the authority of chapter VI or chapter VII of the United Nations Charter under the authority of a United Nations Security Council resolution; and

      (2) any other international peacekeeping, peace-enforcement, 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.

    SEC. 8071. 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 Secretary for each guarantee shall be paid by the country involved and shall not be financed as part of a loan guaranteed by the United States: Provided further, That the Secretary shall provide quarterly reports to the Committees on Appropriations, Armed Services, 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 administrative 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. 8072. 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. 8073. (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 Johnston Atoll for the purpose of storing or demilitarizing such munitions 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. 8074. 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 operations.

(INCLUDING TRANSFER OF FUNDS)

    SEC. 8075. 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.

    SEC. 8076. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading `Shipbuilding and Conversion, Navy' shall be considered to be for the same purpose as any subdivision under the heading `Shipbuilding and Conversion, Navy' appropriations in any prior year, and the 1 percent limitation shall apply to the total amount of the appropriation.

    SEC. 8077. 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 balance, 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 appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account.

    SEC. 8078. 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. 8079. During the current fiscal year, the Secretary of Defense may waive reimbursement of the cost of conferences, seminars, 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. 8080. (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.

    (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. 8081. Using funds available by this Act or any other Act, the Secretary of the Air Force, pursuant to a determination under section 2690 of title 10, United States Code, may implement cost-effective agreements for required heating facility modernization in the Kaiserslautern Military Community in the Federal Republic of Germany: Provided, That in the City of Kaiserslautern such agreements will include the use of United States anthracite as the base load energy for municipal district heat to the United States Defense installations: Provided further, That at Landstuhl Army Regional Medical Center and Ramstein Air Base, furnished heat may be obtained from private, regional or municipal services, if provisions are included for the consideration of United States coal as an energy source.

    SEC. 8082. Notwithstanding 31 U.S.C. 3902, during the current fiscal year and hereafter, interest penalties may be paid by the Department of Defense from funds financing the operation of the military department or defense agency with which the invoice or contract payment is associated.

    SEC. 8083. 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 requirements: Provided, That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Foreign Intelligence Program: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.

    SEC. 8084. Of the funds made available under the heading `Operation and Maintenance, Air Force', not less than $1,500,000 shall be made available by grant or otherwise, to the Council of Athabascan Tribal Governments, to provide assistance for health care, monitoring and related issues associated with research conducted from 1955 to 1957 by the former Arctic Aeromedical Laboratory.

    SEC. 8085. In addition to the amounts appropriated or otherwise made available in this Act, $5,000,000, 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 $5,000,000 to the American Red Cross for Armed Forces Emergency Services.

    SEC. 8086. 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. 8087. (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 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. 8088. 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 Corporation's counterdrug program, including its demand reduction program involving youth programs, as well as operational and training drug reconnaissance missions for Federal, State, and local government 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. 8089. Section 8125 of the Department of Defense Appropriations Act, 2001 (Public Law 106-259), is hereby repealed.

    SEC. 8090. Of the funds appropriated in this Act under the heading `Research, Development, Test and Evaluation, Navy', up to $3,000,000 may be made available for a Maritime Fire Training Center at Barbers Point, including provision for laboratories, construction, and other efforts associated with research, development, and other programs of major importance to the Department of Defense.

    SEC. 8091. (a) PROHIBITION- None of the funds made available by this Act may be used to support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense has received credible information from the Department of State that the unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken.

    (b) MONITORING- The Secretary of Defense, in consultation with the Secretary of State, shall ensure that prior to a decision to conduct any training program referred to in subsection (a), full consideration is given to all credible information available to the Department of State relating to human rights violations by foreign security forces.

    (c) WAIVER- The Secretary of Defense, after consultation with the Secretary of State, may waive the prohibition in subsection (a) if he determines that such waiver is required by extraordinary circumstances.

    (d) REPORT- Not more than 15 days after the exercise of any waiver under subsection (c), the Secretary of Defense shall submit 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. 8092. The Secretary of Defense, in coordination with the Secretary of Health and Human Services, may carry out a program to distribute surplus dental equipment of the Department of Defense, at no cost to the Department of Defense, to Indian health service facilities and to federally-qualified health centers (within the meaning of section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).

    SEC. 8093. Notwithstanding any other provision in this Act, the total amount appropriated in this Act is hereby reduced by $140,591,000 to reflect savings from favorable foreign currency fluctuations, to be distributed as follows:

      `Operation and Maintenance, Army', $89,359,000;

      `Operation and Maintenance, Navy', $15,445,000;

      `Operation and Maintenance, Marine Corps', $1,379,000;

      `Operation and Maintenance, Air Force', $24,408,000; and

      `Operation and Maintenance, Defense-Wide', $10,000,000.

    SEC. 8094. 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 propulsion diesel engines and propulsors are manufactured in the United States by a domestically operated entity: Provided, 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 adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes or there exists a significant cost or quality difference.

    SEC. 8095. 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 functions, 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 liaison 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. 8096. 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. 8097. 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 technology 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 congressional 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. 8098. Notwithstanding any other provision in this Act, the total amount appropriated in this Act is hereby reduced by $171,296,000, to reduce cost growth in travel, to be distributed as follows:

      `Operation and Maintenance, Army', $9,000,000;

      `Operation and maintenance, Marine Corps', $296,000;

      `Operation and Maintenance, Air Force', $150,000,000;

      `Operation and Maintenance, Army Reserve', $2,000,000; and

      `Operation and maintenance, Defense-wide' $10,000,000.

    SEC. 8099. 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 attributable to official Government travel arranged by Government Contracted 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. 8100. (a) REGISTERING INFORMATION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION OFFICER- None of the funds appropriated in this Act may be used for a mission critical or mission essential 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. An information technology system shall be considered a mission critical or mission essential information technology system as defined by the Secretary of Defense.

    (b) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN ACT- (1) During the current fiscal year, a 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 Chief Information Officer certifies, with respect to that milestone, that the system is being developed in accordance with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief Information Officer may require additional certifications, as appropriate, with respect to any such system.

    (2) The Chief Information Officer shall provide the congressional defense committees timely notification of certifications under paragraph (1). Each such notification shall include, at a minimum, the funding baseline and milestone schedule for each system covered by such a certification and confirmation that the following steps have been taken with respect to the system:

      (A) Business process reengineering.

      (B) An analysis of alternatives.

      (C) An economic analysis that includes a calculation of the return on investment.

      (D) Performance measures.

      (E) An information assurance strategy consistent with the Department's Global Information Grid.

    (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 Secretary of Defense pursuant to section 3506 of title 44, United States Code.

      (2) The term `information technology system' has the meaning given the term `information technology' in section 5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).

      (3) The term `major automated information system' has the meaning given that term in Department of Defense Directive 5000.1.

    SEC. 8101. 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. 8102. 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 demilitarization 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. 8103. 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. 8104. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.

    SEC. 8105. 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 facilitating education and training for appropriate military and civilian personnel of foreign countries in disaster management, peace operations, and humanitarian assistance.

    SEC. 8106. (a) The Department of Defense is authorized to enter into agreements with the Veterans Administration and federally-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 consultation 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 services more responsive to the needs of the Native Hawaiian community.

    (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. 8107. In addition to the amounts provided elsewhere in this Act, the amount of $10,000,000 is hereby appropriated for `Operation and Maintenance, Defense-Wide', to be available, notwithstanding any other provision of law, only for a grant to the United Service Organizations Incorporated, a federally chartered corporation under chapter 2201 of title 36, United States Code. The grant provided for by this section is in addition to any grant provided for under any other provision of law.

    SEC. 8108. Of the amounts appropriated in this Act under the heading `Research, Development, Test and Evaluation, Defense-Wide', $141,700,000 shall be made available for the Arrow missile defense program: Provided, That of this amount, $107,700,000 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. 8109. 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 program.

(INCLUDING TRANSFER OF FUNDS)

    SEC. 8110. 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. 8111. In addition to the amounts appropriated or otherwise made available in this Act, $1,300,000,000 is hereby appropriated to the Department of Defense for whichever of the following purposes the President determines to be in the national security interests of the United States:

      (1) research, development, test and evaluation for ballistic missile defense; and

      (2) activities for combating terrorism.

    SEC. 8112. In addition to amounts appropriated elsewhere in this Act, $5,000,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary of the Army shall make a grant in the amount of $5,000,000 to the Fort Des Moines Memorial Park and Education Center.

    SEC. 8113. In addition to amounts appropriated elsewhere in this Act, $5,000,000 is hereby appropriated to the Department of Defense: Provided, That the Secretary of Defense shall make a grant in the amount of $5,000,000 to the National D-Day Museum.

    SEC. 8114. Section 8106 of the Department of Defense Appropriations Act, 1997 (titles I through VIII of the 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. 8115. (a) Section 8162 of the Department of Defense Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-79) is amended--

      (1) by redesignating subsection (m) as subsection (o); and

      (2) by adding after subsection (l) the following:

    `(m) AUTHORITY TO ESTABLISH MEMORIAL-

      `(1) IN GENERAL- The Commission may establish a permanent memorial to Dwight D. Eisenhower on land under the jurisdiction of the Secretary of the Interior in the District of Columbia or its environs.

      `(2) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS- The establishment of the memorial shall be in accordance with the Commemorative Works Act (40 U.S.C. 1001 et seq.).'.

    (b) Section 8162 of the Department of Defense Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-79) is amended--

      (1) in subsection (j)(2), by striking `accept gifts' and inserting `solicit and accept contributions'; and

      (2) by inserting after subsection (m) (as added by subsection (a)(2)) the following:

    `(n) MEMORIAL FUND-

      `(1) ESTABLISHMENT- There is created in the Treasury a fund for the memorial to Dwight D. Eisenhower that includes amounts contributed under subsection (j)(2).

      `(2) USE OF FUND- The fund shall be used for the expenses of establishing the memorial.

      `(3) INTEREST- The Secretary of the Treasury shall credit to the fund the interest on obligations held in the fund.'.

    (c) In addition to the amounts appropriated or otherwise made available elsewhere in this Act for the Department of Defense, $3,000,000, to remain available until expended is hereby appropriated to the Department of Defense: Provided, That the Secretary of Defense shall make a grant in the amount of $3,000,000 to the Dwight D. Eisenhower Memorial Commission for direct administrative support.

    SEC. 8116. In addition to amounts appropriated elsewhere in this Act, $8,000,000 shall be available only for the settlement of subcontractor claims for payment associated with the Air Force contract F19628-97-C-0105, Clear Radar Upgrade, at Clear AFS, Alaska: Provided, That the Secretary of the Air Force shall evaluate claims as may be submitted by subcontractors, engaged under the contract, and, notwithstanding any other provision of law shall pay such amounts from the funds provided in this paragraph which the Secretary deems appropriate to settle completely any claims which the Secretary determines to have merit, with no right of appeal in any forum: Provided further, That subcontractors are to be paid interest, calculated in accordance with the Contract Disputes Act of 1978, 41 U.S.C. Sections 601-613, on any claims which the 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. 8117. 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 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 functions.

    SEC. 8118. In addition to amounts provided elsewhere in this Act, $21,000,000 is hereby appropriated for the Secretary of Defense to establish a Regional Defense Counter-terrorism Fellowship Program: Provided, That funding provided herein may be used by the Secretary to fund foreign military officers to attend U.S. military educational institutions and selected regional centers for non-lethal training: Provided further, That United States Regional Commanders in Chief will be the nominative authority for candidates and schools for attendance with joint staff review and approval by the Secretary of Defense: Provided further, That the Secretary of Defense shall establish rules to govern the administration of this program.

    SEC. 8119. Notwithstanding any other provision of law, from funds appropriated in this or any other Act under the heading, `Aircraft Procurement, Air Force', that remain available for obligation, not to exceed $16,000,000 shall be available for recording, adjusting, and liquidating obligations for the C-17 aircraft properly chargeable to the fiscal year 1998 Aircraft Procurement, Air Force account: Provided, That the Secretary of the Air Force shall notify the congressional defense committees of all of the specific sources of funds to be used for such purpose.

    SEC. 8120. 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 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.

    SEC. 8121. Of the amounts appropriated in this Act under the heading, `Shipbuilding and Conversion, Navy', $725,000,000 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, $172,364,000;

        Under the heading, `Shipbuilding and Conversion, Navy, 1996/2002':

          LPD-17 Amphibious Transport Dock Ship Program, $172,989,000;

        Under the heading, `Shipbuilding and Conversion, Navy, 1997/2002':

          DDG-51 Destroyer Program, $37,200,000;

        Under the heading, `Shipbuilding and Conversion, Navy, 1998/2002':

          NSSN Program, $168,561,000;

          DDG-51 Destroyer Program, $111,457,000;

        Under the heading, `Shipbuilding and Conversion, Navy, 1999/2002':

          NSSN Program, $62,429,000.

(TRANSFER OF FUNDS)

    SEC. 8122. 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 purposes as the appropriations to which transferred, and for the same time period as the appropriation from which transferred: Provided further, 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;

          LSD-41 dock landing ship cargo variant ship program, $237,000;

          MCM mine countermeasures program, $118,000;

          Oceanographic ship program, $2,317,000;

          AOE combat support ship program, $164,000;

          AO conversion program, $56,000;

          Coast Guard icebreaker ship program, $863,000;

          Craft, outfitting, post delivery, and ship special support equipment, $529,000;

      To:

        Under the heading, `Shipbuilding and Conversion, Navy, 1998/2002':

          DDG-51 destroyer program, $11,492,000;

      From:

        Under the heading, `Shipbuilding and Conversion, Navy, 1993/2002':

          DDG-51 destroyer program, $3,986,000;

          LHD-1 amphibious assault ship program, $85,000;

          LSD-41 dock landing ship cargo variant program, $428,000;

          AOE combat support ship program, $516,000;

          Craft, outfitting, post delivery, and first destination transportation, and inflation adjustments, $1,034,000;

      To:

        Under the heading, `Shipbuilding, and Conversion, Navy, 1998/2002':

          DDG-51 destroyer program, $6,049,000;

      From:

        Under the heading, `Other Procurement, Navy, 2001/2003':

          Shallow Water MCM, $16,248,000;

      To:

        Under the heading, `Shipbuilding and Conversion, Navy, 2001/2005':

          Submarine Refuelings, $16,248,000.

    SEC. 8123. (a) The Secretary of Defense shall convey to Gwitchyaa Zhee Corporation the lands withdrawn by Public Land Order No. 1996, Lot 1 of United States Survey 7008, Public Land Order No. 1396, a portion of Lot 3 of United States Survey 7161, lands reserved pursuant to the instructions set forth at page 513 of volume 44 of the Interior Land Decisions issued January 13, 1916, Lot 13 of United States Survey 7161, Lot 1 of United States Survey 7008 described in Public Land Order No. 1996, and Lot 13 of the United States Survey 7161 reserved pursuant to the instructions set forth at page 513 of volume 44 of the Interior Land Decisions issued January 13, 1916.

    (b) Following site restoration and survey by the Department of the Air Force that portion of Lot 3 of United States Survey 7161 withdrawn by Public Land Order No. 1396 and no longer needed by the Air Force shall be conveyed to Gwitchyaa Zhee Corporation.

    SEC. 8124. The Secretary of the Navy may settle, or compromise, and pay any and all admiralty claims under 10 U.S.C. 7622 arising out of the collision involving the USS GREENEVILLE and the EHIME MARU, in any amount and without regard to the monetary limitations in subsections (a) and (b) of that section: Provided, That such payments shall be made from funds available to the Department of the Navy for operation and maintenance.

    SEC. 8125. (a) Not later than February 1, 2002, the Secretary of Defense shall report to the congressional defense committees on the status of the safety and security of munitions shipments that use commercial trucking carriers within the United States.

    (b) REPORT ELEMENTS- The report under subsection (a) shall include the following:

      (1) An assessment of the Department of Defense's policies and practices for conducting background investigations of current 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 terminals 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).

    (c) Not later than six months after enactment of this Act, the Secretary shall report to Congress on safety and security procedures used for U.S. munitions shipments in European NATO countries, and provide recommendations on what procedures or technologies used in those countries should be adopted for shipments in the United States.

    SEC. 8126. 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 Padgett Thomas Barracks in Charleston, South Carolina.

    SEC. 8127. (a) DESIGNATED SPECIAL EVENTS OF NATIONAL SIGNIFICANCE-

      (1) Notwithstanding any other provision of law, at events determined by the President to be special events of national significance for which the United States Secret Service is authorized pursuant to Section 3056(e)(1), title 18, United States Code, to plan, coordinate, and implement security operations, the Secretary of Defense, after consultation with the Secretary of the Treasury, shall provide assistance on a temporary basis without reimbursement in support of the United States Secret Service's duties related to such designated events.

      (2) Assistance under this subsection shall be provided in accordance with an agreement that shall be entered into by the Secretary of Defense and the Secretary of the Treasury within 120 days of the enactment of this Act.

    (b) REPORT ON ASSISTANCE- Not later than January 30 of each year following a year in which the Secretary of Defense provides assistance under this section, the Secretary shall submit to Congress a report on the assistance provided. The report shall set forth--

      (1) a description of the assistance provided; and

      (2) the amount expended by the Department in providing the assistance.

    (c) RELATIONSHIP TO OTHER LAWS- The assistance provided under this section shall not be subject to the provisions of sections 375 and 376 of this title.

    SEC. 8128. 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 a multi-year pilot program for leasing general purpose Boeing 767 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 one year's lease payment under the lease.

      (4) Subchapter IV of chapter 15 of Title 31, United States Code shall apply to the lease transactions under this section, except that the limitation in section 1553(b)(2) shall not apply.

      (5) The Secretary shall lease aircraft under terms and conditions consistent with this section and consistent with the criteria for an operating lease as defined in OMB Circular A-11, as in effect at the time of the lease.

      (6) Lease arrangements authorized by this section may not commence until:

        (A) The Secretary submits a report to the congressional defense committees outlining the plans for implementing the Pilot Program. The report shall describe the terms and conditions of proposed contracts and describe the expected savings, if any, comparing total costs, including operation, support, acquisition, and financing, of the lease, including modification, with the outright purchase of the aircraft as modified.

        (B) A period of not less than 30 calendar days has elapsed after submitting the report.

      (7) Not later than 1 year after the date on which the first aircraft is delivered under this Pilot Program, and yearly thereafter on the anniversary of the first delivery, the Secretary shall submit a report to the congressional defense committees describing the status of the Pilot Program. The Report will be based on at least 6 months of experience in operating the Pilot Program.

      (8) The Air Force shall accept delivery of the aircraft in a general purpose configuration.

      (9) At the conclusion of the lease term, each aircraft obtained under that lease may be returned to the contractor in the same configuration in which the aircraft was delivered.

      (10) The present value of the total payments over the duration of each lease entered into under this authority shall not exceed 90 percent of the fair market value of the aircraft obtained under that lease.

    (d) No lease entered into under this authority shall provide for--

      (1) the modification of the general purpose aircraft from the commercial configuration, unless and until separate authority for such conversion is enacted and only to the extent budget authority is provided in advance in appropriations Acts for that purpose; or

      (2) the purchase of the aircraft by, or the transfer of ownership 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 one hundred aircraft for the purposes specified herein.

    (g) Notwithstanding any other provision of this Act or any other provision of law, the President shall have the sole authority to reprogram, for any other defense purpose, the funds authorized by this section if he determines that doing so will increase national security or save lives.

    SEC. 8129. 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, $2,500,000 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 Greensboro 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, environmental documentation and mitigation, engineering and design, improving safety, resurfacing, widening lanes, enhancing shoulders, and replacing signs and pavement markings.

    SEC. 8130. From funds made available under Title II of this Act, the Secretary of the Army may make available a grant of $3,000,000 to the Chicago Park District for renovation of the Broadway Armory, a former National Guard facility in the Edgewater community in Chicago.

    SEC. 8131. Notwithstanding any other provision of law, none of the funds in this Act may be used to alter specifications for insulation to be used on U.S. naval ships or for the procurement of insulation materials different from those in use as of November 1, 2001, until the Department of Defense certifies to the Appropriations Committees that the proposed specification changes or proposed new insulation materials will be as safe, provide no increase in weight, and will not increase maintenance requirements when compared to the insulation material currently used.

    SEC. 8132. (a)(1) Chapter 131 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 2228. Department of Defense strategic loan and loan guaranty program

    `(a) AUTHORITY- The Secretary of Defense may carry out a program to make direct loans and guarantee loans for the purpose of supporting the attainment of the objectives set forth in subsection (b).

    `(b) OBJECTIVES- The Secretary may, under the program, make a direct loan to an applicant or guarantee the payment of the principal and interest of a loan made to an applicant upon the Secretary's determination that the applicant's use of the proceeds of the loan will support the attainment of any of the following objectives:

      `(1) Sustain the readiness of the United States to carry out the national security objectives of the United States through the guarantee of steady domestic production of items necessary for low intensity conflicts to counter terrorism or other imminent threats to the national security of the United States.

      `(2) Sustain the economic stability of strategically important domestic sectors of the defense industry that manufacture or construct products for low-intensity conflicts and counter terrorism to respond to attacks on United States national security and to protect potential United States civilian and military targets from attack.

      `(3) Sustain the production and use of systems that are critical for the exploration and development of new domestic energy sources for the United States.

    `(c) CONDITIONS- A loan made or guaranteed under the program shall meet the following requirements:

      `(1) The period for repayment of the loan may not exceed five years.

      `(2) The loan shall be secured by primary collateral that is sufficient to pay the total amount of the unpaid principal and interest of the loan in the event of default.

    `(d) EVALUATION OF COST- As part of the consideration of each application for a loan or for a guarantee of the loan under the program, the Secretary shall evaluate the cost of the loan within the meaning of section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)).'.

    (2) The table of sections at the beginning of such section is amended by adding at the end the following new item:

      `2228. Department of Defense strategic loan and loan guaranty program.'.

    (b) Of the amounts appropriated by Public Law 107-38, there shall be available such sums as may be necessary for the costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of direct loans and loan guarantees made under section 2228 of title 10, United States Code, as added by subsection (a).

    SEC. 8133. REGULATION OF BIOLOGICAL AGENTS AND TOXINS. (a) Biological Agents Provisions of the Antiterrorism and Effective Death Penalty Act of 1996; Codification in the Public Health Service Act, With Amendments-

      (1) PUBLIC HEALTH SERVICE ACT- Subpart 1 of part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by inserting after section 351 the following:

`SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS.

    `(a) REGULATORY CONTROL OF BIOLOGICAL AGENTS AND TOXINS-

      `(1) LIST OF BIOLOGICAL AGENTS AND TOXINS-

        `(A) IN GENERAL- The Secretary shall by regulation establish and maintain a list of each biological agent and each toxin that has the potential to pose a severe threat to public health and safety.

        `(B) CRITERIA- In determining whether to include an agent or toxin on the list under subparagraph (A), the Secretary shall--

          `(i) consider--

            `(I) the effect on human health of exposure to the agent or toxin;

            `(II) the degree of contagiousness of the agent or toxin and the methods by which the agent or toxin is transferred to humans;

            `(III) the availability and effectiveness of pharmacotherapies and immunizations to treat and prevent any illness resulting from infection by the agent or toxin; and

            `(IV) any other criteria, including the needs of children and other vulnerable populations, that the Secretary considers appropriate; and

          `(ii) consult with appropriate Federal departments and agencies, and scientific experts representing appropriate professional groups, including those with pediatric expertise.

      `(2) BIENNIAL REVIEW- The Secretary shall review and republish the list under paragraph (1) biennially, or more often as needed, and shall, through rulemaking, revise the list as necessary to incorporate additions or deletions to ensure public health, safety, and security.

      `(3) EXEMPTIONS- The Secretary may exempt from the list under paragraph (1)--

        `(A) attenuated or inactive biological agents or toxins used in biomedical research or for legitimate medical purposes; and

        `(B) products that are cleared or approved under the Federal Food, Drug, and Cosmetic Act or under the Virus-Serum-Toxin Act, as amended in 1985 by the Food Safety and Security Act.';

    `(b) REGULATION OF TRANSFERS OF LISTED BIOLOGICAL AGENTS AND TOXINS- The Secretary shall by regulation provide for--

      `(1) the establishment and enforcement of safety procedures for the transfer of biological agents and toxins listed pursuant to subsection (a)(1), including measures to ensure--

        `(A) proper training and appropriate skills to handle such agents and toxins; and

        `(B) proper laboratory facilities to contain and dispose of such agents and toxins;

      `(2) safeguards to prevent access to such agents and toxins for use in domestic or international terrorism or for any other criminal purpose;

      `(3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent or toxin in violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and

      `(4) appropriate availability of biological agents and toxins for research, education, and other legitimate purposes.

    `(c) POSSESSION AND USE OF LISTED BIOLOGICAL AGENTS AND TOXINS- The Secretary shall by regulation provide for the establishment and enforcement of standards and procedures governing the possession and use of biological agents and toxins listed pursuant to subsection (a)(1) in order to protect the public health and safety, including the measures, safeguards, procedures, and availability of such agents and toxins described in paragraphs (1) through (4) of subsection (b), respectively.

    `(d) REGISTRATION AND TRACEABILITY MECHANISMS- Regulations under subsections (b) and (c) shall require registration for the possession, use, and transfer of biological agents and toxins listed pursuant to subsection (a)(1), and such registration shall include (if available to the registered person) information regarding the characterization of such biological agents and toxins to facilitate their identification and traceability. The Secretary shall maintain a national database of the location of such biological agents and toxins with information regarding their characterizations.

    `(e) INSPECTIONS- The Secretary shall have the authority to inspect persons subject to the regulations under subsections (b) and (c) to ensure their compliance with such regulations, including prohibitions on restricted persons under subsection (g).

    `(f) EXEMPTIONS-

      `(1) IN GENERAL- The Secretary shall establish exemptions, including exemptions from the security provisions, from the applicability of provisions of--

        `(A) the regulations issued under subsection (b) and (c) when the Secretary determines that the exemptions, including exemptions from the security requirements, and for the use of attenuated or inactive biological agents or toxins in biomedical research or for legitimate medical purposes are consistent with protecting public health and safety; and

        `(B) the regulations issued under subsection (c) for agents and toxins that the Secretary determines do not present a threat for use in domestic or international terrorism, provided the exemptions are consistent with protecting public health and safety.

      `(2) CLINICAL LABORATORIES- The Secretary shall exempt clinical laboratories and other persons that possess, use, or transfer biological agents and toxins listed pursuant to subsection (a)(1) from the applicability of provisions of regulations issued under subsections (b) and (c) only when--

        `(A) such agents or toxins are presented for diagnosis, verification, or proficiency testing;

        `(B) the identification of such agents and toxins is, when required under Federal or State law, reported to the Secretary or other public health authorities; and

        `(C) such agents or toxins are transferred or destroyed in a manner set forth by the Secretary in regulation.

    `(g) SECURITY REQUIREMENTS FOR REGISTERED PERSONS-

      `(1) SECURITY- In carrying out paragraphs (2) and (3) of subsection (b), the Secretary shall establish appropriate security requirements for persons possessing, using, or transferring biological agents and toxins listed pursuant to subsection (a)(1), considering existing standards developed by the Attorney General for the security of government facilities, and shall ensure compliance with such requirements as a condition of registration under regulations issued under subsections (b) and (c).

      `(2) LIMITING ACCESS TO LISTED AGENTS AND TOXINS- Regulations issued under subsections (b) and (c) shall include provisions--

        `(A) to restrict access to biological agents and toxins listed pursuant to subsection (a)(1) only to those individuals who need to handle or use such agents or toxins; and

        `(B) to provide that registered persons promptly submit the names and other identifying information for such individuals to the Attorney General, with which information the Attorney General shall promptly use criminal, immigration, and national security databases available to the Federal Government to identify whether such individuals--

          `(i) are restricted persons, as defined in section 175b of title 18, United States Code; or

          `(ii) are named in a warrant issued to a Federal or State law enforcement agency for participation in any domestic or international act of terrorism.

      `(3) CONSULTATION AND IMPLEMENTATION- Regulations under subsections (b) and (c) shall be developed in consultation with research-performing organizations, including universities, and implemented with timeframes that take into account the need to continue research and education using biological agents and toxins listed pursuant to subsection (a)(1).

    `(h) DISCLOSURE OF INFORMATION-

      `(1) IN GENERAL- Any information in the possession of any Federal agency that identifies a person, or the geographic location of a person, who is registered pursuant to regulations under this section (including regulations promulgated before the effective date of this subsection), or any site-specific information relating to the type, quantity, or characterization of a biological agent or toxin listed pursuant to subsection (a)(1) or the site-specific security mechanisms in place to protect such agents and toxins, including the national database required in subsection (d), shall not be disclosed under section 552(a) of title 5, United States Code.

      `(2) DISCLOSURES FOR PUBLIC HEALTH AND SAFETY; CONGRESS- Nothing in this section may be construed as preventing the head of any Federal agency--

        `(A) from making disclosures of information described in paragraph (1) for purposes of protecting the public health and safety; or

        `(B) from making disclosures of such information to any committee or subcommittee of the Congress with appropriate jurisdiction, upon request.

    `(i) CIVIL PENALTY- Any person who violates any provision of a regulation under subsection (b) or (c) shall be subject to the United States for a civil money penalty in an amount not exceeding $250,000 in the case of an individual and $500,000 in the case of any other person. The provisions of section 1128A of the Social Security Act (other than subsections (a), (b), (h), and (i), the first sentence of subsection (c), and paragraphs (1) and (2) of subsection (f)) small apply to civil money penalties under this subsection in the same manner as such provisions apply to a penalty or proceeding under section 1128A(a) of the Social Security Act. The secretary may delegate authority under this section in the same manner as provided in section 1128A(j)(2) of the Social Security Act and such authority shall include all powers as contained in 5 U.S.C. App., section 6.'

    `(j) DEFINITIONS- For purposes of this section, the terms `biological agent' and `toxin' have the same meaning as in section 178 of title 18, United States Code.'.

      (2) REGULATIONS-

        (A) DATE CERTAIN FOR PROMULGATION; EFFECTIVE DATE REGARDING CRIMINAL AND CIVIL PENALTIES- Not later than 180 days after the date of the enactment of this title, the Secretary of Health and Human Services shall promulgate an interim final rule for carrying out section 351A(c) of the Public Health Service Act, which amends the Antiterrorism and Effective Death Penalty Act of 1996. Such interim final rule will take effect 60 days after the date on which such rule is promulgated, including for purposes of--

          (i) section 175(b) of title 18, United States Code (relating to criminal penalties), as added by subsection (b)(1)(B) of this section; and

          (ii) section 351A(i) of the Public Health Service Act (relating to civil penalties).

        (B) SUBMISSION OF REGISTRATION APPLICATIONS- A person required to register for possession under the interim final rule promulgated under subparagraph (A), shall submit an application for such registration not later than 60 days after the date on which such rule is promulgated.

      (3) CONFORMING AMENDMENT- Subsections (d), (e), (f), and (g) of section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 262 note) are repealed.

      (4) EFFECTIVE DATE- Paragraph (1) shall take effect as if incorporated in the Antiterrorism and Effective Death Penalty Act of 1996, and any regulations, including the list under subsection (d)(1) of section 511 of that Act, issued under section 511 of that Act shall remain in effect as if issued under section 351A of the Public Health Service Act.

    (b) SELECT AGENTS-

      (1) IN GENERAL- Section 175 of title 18, United States Code, as amended by the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56) is amended--

        (A) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

        (B) by inserting after subsection (a) the following:

    `(b) SELECT AGENTS-

      `(1) UNREGISTERED FOR POSSESSION- Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulation issued under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

      `(2) TRANSFER TO UNREGISTERED PERSON- Whoever transfers a select agent to a person who the transferor has reasons to believe has not obtained a registration required by regulations issued under section 351A(b) or (c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.'.

      (2) DEFINITIONS- Section 175 of title 18, United States Code, as amended by paragraph (1), is further amended by striking subsection (d) and inserting the following:

    `(d) DEFINITIONS- As used in this section:

      `(1) The terms `biological agent' and `toxin' have the meanings given such terms in section 178, except that, for purposes of subsections (b) and (c), such terms do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, cultured, collected, or otherwise extracted from its natural source.

      `(2) The term `for use as a weapon' includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system, other than for prophylactic, protective, or other peaceful purposes.

      `(3) The term `select agent' means a biological agent or toxin, as defined in paragraph (1), that is on the list that is in effect pursuant to section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132), or as subsequently revised under section 351A(a) of the Public Health Service Act.'.

      (3) CONFORMING AMENDMENT-

        (A) Section 175(a) of title 18, United States Code, is amended in the second sentence by striking `under this section' and inserting `under this subsection'.

        (B) Section 175(c) of title 18, United States Code, (as redesignated by paragraph (1)), is amended by striking the second sentence.

    (c) REPORT TO CONGRESS- Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services, after consultation with other appropriate Federal agencies, shall submit to the Congress a report that--

      (1) describes the extent to which there has been compliance by governmental and private entities with applicable regulations under section 351A of the Public Health Service Act, including the extent of compliance before the date of the enactment of this Act, and including the extent of compliance with regulations promulgated after such date of enactment;

      (2) describes the actions to date and future plans of the Secretary for updating the list of biological agents and toxins under section 351A(a)(1) of the Public Health Service Act;

      (3) describes the actions to date and future plans of the Secretary for determining compliance with regulations under such section 351A of the Public Health Service Act and for taking appropriate enforcement actions; and

      (4) provides any recommendations of the Secretary for administrative or legislative initiatives regarding such section 351A of the Public Health Service Act.

    SEC. 8134. Section 101(1) of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 511(1)) is amended--

      (1) in the first sentence--

        (A) by striking `and all' and inserting `all'; and

        (B) by inserting before the period the following: `, and all members of the National Guard on duty described in the following sentence'; and

      (2) in the second sentence, by inserting before the period the following: `, and, in the case of a member of the National Guard, shall include training or other duty authorized by section 502(f) of title 32, United States Code, at the request of the President, for or in support of an operation during a war or national emergency declared by the President or Congress'.

    SEC. 8135. 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, production, sale and support of military aircraft;

      (2) continued innovation in the development and manufacture 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 comprehensive 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 primary contracting on the current and future capacity of manufacturers 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. 8136. The Secretary of the Army shall, using amounts appropriated by title II of this division under the heading `OPERATION AND MAINTENANCE, ARMY', make a production grant in the amount of $2,000,000 to Green Tree Chemical Technologies of Parlin, New Jersey, in order to help sustain that company through fiscal year 2002.

    SEC. 8137. Of the funds appropriated in this Act under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE' up to $4,000,000 may be made available to extend the modeling and reengineering program now being performed at the Oklahoma City Air Logistics Center Propulsion Directorate.

    SEC. 8138. Of the total amount appropriated by title VI under the heading `OTHER DEPARTMENT OF DEFENSE APPROPRIATIONS', $7,500,000 may be available for Armed Forces Retirement Homes.

    SEC. 8139. Of the total amount appropriated by this division for operation and maintenance, Marine Corps, $2,800,000 may be used for completing the fielding of half-zip, pullover, fleece uniform shirts for all members of the Marine Corps, including the Marine Corps Reserve.

    SEC. 8140. Of the amount appropriated by title III of this division under the heading `AIRCRAFT PROCUREMENT, AIR FORCE', $6,000,000 may be available for 10 radars in the Air Force Radar Modernization Program for C-130H2 aircraft for aircraft of the Nevada Air National Guard at Reno, Nevada.

    SEC. 8141. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY', $3,000,000 may be made available for Medical Development for the Clark County, Nevada, bioterrorism and public health laboratory.

    SEC. 8142. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE', $1,000,000 may be made available for Agile Combat Support for the Rural Low Bandwidth Medical Collaboration System.

    SEC. 8143. Of the total amount appropriated by this division for operation and maintenance, Navy, $6,000,000 may be available for the critical infrastructure protection initiative.

    SEC. 8144. Of the funds provided in this Act under the heading, `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE', $2,000,000 may be made available for Battlespace Logistics Readiness and Sustainment project in Fayetteville, Arkansas.

    SEC. 8145. Of the funds appropriated by title VI of this division under the heading `DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE', $2,400,000 may be made available for the Counter Narcotics and Terrorism Operational Medical Support Program at the Uniformed Services University of the Health Sciences.

    SEC. 8146. (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 neutralization 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.

    SEC. 8147. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE' and available for the Advanced Technology Development for Arms Control Technology element, $7,000,000 may be made available for the Nuclear Treaty sub-element of such element for peer-reviewed seismic research to support Air Force operational nuclear test monitoring requirements.

    SEC. 8148. Of the amount available in title III of this division under the heading `PROCUREMENT OF AMMUNITION, AIR FORCE', $10,000,000 may be available for procurement of Sensor Fused Weapons (CBU-97).

    SEC. 8149. Of the amount appropriated by title III of this division under the heading `OTHER PROCUREMENT, NAVY', $8,000,000 may be made available for procurement of the Tactical Support Center, Mobile Acoustic Analysis System.

    SEC. 8150. Of the total amount appropriated by this division for operation and maintenance, Air National Guard, $4,000,000 may be used for continuation of the Air National Guard Information Analysis Network (GUARDIAN).

    SEC. 8151. Of the amount appropriated by title II for operation and maintenance, Defense-wide, $55,700,000 may be available for the Defense Leadership and Management Program.

    SEC. 8152. Of the funds made available in title IV of this Act under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY', up to $4,000,000 may be made available for the Display Performance and Environmental Evaluation Laboratory Project of the Army Research Laboratory.

    SEC. 8153. Of the funds made available in title II of this Act under the heading `OPERATION AND MAINTENANCE, NAVY', up to $2,000,000 may be made available for the U.S. Navy to expand the number of combat aircrews who can benefit from outsourced Joint Airborne Tactical Electronic Combat Training.

    SEC. 8154. Of the funds made available in title II of this Act under the heading `OPERATION AND MAINTENANCE, AIR FORCE', up to $2,000,000 may be made available for the U.S. Air Force to expand the number of combat aircrews who can benefit from outsourced Joint Airborne Tactical Electronic Combat Training.

    SEC. 8155. SENSE OF THE SENATE REGARDING ENVIRONMENTAL CONTAMINATION IN THE PHILIPPINES. It is the sense of the Senate 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 environmental 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 Philippines 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-governmental study, which would examine environmental contamination 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. 8156. (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 Cemetery 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. 8157. 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. 8158. Of the total amount appropriated by this division for other procurement, Army, $9,000,000 may be available for the `Product Improved Combat Vehicle Crewman's Headset'.

    SEC. 8159. Of the funds appropriated by this division for research, development, test and evaluation, Navy, up to $4,000,000 may be used to support development and testing of new designs of low cost digital modems for Wideband Common Data Link.

    SEC. 8160. Of the amount appropriated by this division for the Army for research, development, test, and evaluation, $2,000,000 may be available for research and development of key enabling technologies (such as filament winding, braiding, contour weaving, and dry powder resin towpregs fabrication) for producing low cost, improved performance, reduced signature, multifunctional composite materials.

    SEC. 8161. Of the total amount appropriated under title IV for research, development, test and evaluation, Army, $2,000,000 may be available for the Collaborative Engineering Center of Excellence, $3,000,000 may be available for the Battlefield Ordnance Awareness, and $4,000,000 may be available for the Cooperative Micro-satellite Experiment.

    SEC. 8162. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY' that is available for Munitions, $5,000,000 may be available to develop high-performance 81mm and 120mm mortar systems that use metal matrix composites to substantially reduce the weight of such systems.

    SEC. 8163. Of the total amount appropriated by title IV of this division for research, development, test, and evaluation, Air Force, up to $6,000,000 may be used for human effectiveness applied research for continuing development under the solid electrolyte oxygen separation program of the Air Force.

    SEC. 8164. Section 8106 of the Department of Defense Appropriations 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. 8165. Of the amount appropriated by title IV of this division for the Army for research, development, test, and evaluation, $5,000,000 may be available for the Three-Dimensional Ultrasound Imaging Initiative II.

    SEC. 8166. Of the amount available in title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY' that is available for missile technology, $5,000,000 may be available for the Surveillance Denial Solid Dye Laser Technology program of the Aviation and Missile Research, Development and Engineering Center of the Army.

    SEC. 8167. Of the amount appropriated by title III of this division under the heading `OTHER PROCUREMENT, ARMY', $10,000,000 may be made available for procurement of Shortstop Electronic Protection Systems for critical force protection.

    SEC. 8168. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY', up to $5,000,000 may be made available for the Broad Area Maritime Surveillance program.

    SEC. 8169. (a) INCREASE IN AMOUNT AVAILABLE FOR FORMER SOVIET UNION THREAT REDUCTION- The amount appropriated by title II of this division under the heading `FORMER SOVIET UNION THREAT REDUCTION' is hereby increased by $46,000,000.

    (b) OFFSET- The amount appropriated by title II of this division under the heading `OPERATION AND MAINTENANCE, DEFENSE-WIDE' is hereby decreased by $46,000,000.

    SEC. 8170. Of the total amount appropriated by title IV under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE', $2,000,000 may be made available for Military Personnel Research.

    SEC. 8171. Funds appropriated by this Act for C-130J aircraft shall be used to support the Air Force's long-range plan called the `C-130 Roadmap' to assist in the planning, budgeting, and beddown of the C-130J fleet. The `C-130 Roadmap' gives consideration to the needs of the service, the condition of the aircraft to be replaced, and the requirement to properly phase facilities to determine the best C-130J aircraft beddown sequence.

    SEC. 8172. Of the funds made available in title II of this Act under the heading `OPERATION AND MAINTENANCE, ARMY', $2,550,000 may be available for the U.S. Army Materiel Command's Logistics and Technology Project (LOGTECH).

    SEC. 8173. Of the total amount appropriated by title IV under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY', $5,000,000 is available for the planning and design for evolutionary improvements for the next LHD-type Amphibious Assault Ship.

    SEC. 8174. (a) Of the total amount appropriated by title III of this division for procurement, Defense-Wide, up to $5,000,000 may be made available for low-rate initial production of the Striker advanced lightweight grenade launcher.

    (b) Of the total amount appropriated by title IV of this division for research, development, test and evaluation, Navy, up to $1,000,000 may be made available for the Warfighting Laboratory for delivery and evaluation of prototype units of the Striker advanced lightweight grenade launcher.

    SEC. 8175. Of the total amount appropriated by title IV of this division for research, development, test and evaluation, Defense-Wide, up to $4,000,000 may be made available for the Intelligent Spatial Technologies for Smart Maps Initiative of the National Imagery and Mapping Agency.

    SEC. 8176. Of the total amount appropriated by title IV of this division for research, development, test, and evaluation, Defense-Wide, $5,000,000 may be available for further development of light weight sensors of chemical and biological agents using fluorescence-based detection.

    SEC. 8177. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY', $2,500,000 may be made available for the Army Nutrition Project.

    SEC. 8178. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE', $2,000,000 may be made available for the Partnership for Peace (PFP) Information Management System. Any amount made available for the Partnership for Peace Information Management System under this section is in addition to other amounts available for the Partnership for Peace Information Management System under this Act.

    SEC. 8179. Of the amount appropriated by title III of this division under the heading `OTHER PROCUREMENT, ARMY', $4,892,000 may be used for the Communicator Automated Emergency Notification System of the Army National Guard.

    SEC. 8180. Of the funds provided for Research, Development, Test and Evaluation in this Act, the Secretary of Defense may use $10,000,000 to initiate a university-industry program to utilize advances in 3-dimensional chip scale packaging (CSP) and high temperature superconducting (HTS) transceiver performance, to reduce the size, weight, power consumption, and cost of advanced military wireless communications systems for covert military and intelligence operations, especially HUMINT.

    SEC. 8181. (a) FUNDING FOR NATIONAL GUARD CONSOLIDATED INTERACTIVE VIRTUAL INFORMATION CENTER- Of the amount appropriated by title II of this division under the heading `OPERATION AND MAINTENANCE, AIR NATIONAL GUARD', $5,000,000 may be available for the Consolidated Interactive Virtual Information Center of the National Guard.

    (b) SUPPLEMENT NOT SUPPLANT- The amount available under subsection (a) for the Consolidated Interactive Virtual Information Center of the National Guard is in addition to any other amounts available under this Act for the Consolidated Interactive Virtual Information Center.

    SEC. 8182. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY' and available for Navy Space and Electronic Warfare (SEW) Architecture/Engine, $1,200,000 may be made available for concept development and composite construction of high speed vessels currently implemented by the Navy Warfare Development Command.

    SEC. 8183. Of the total amount appropriated by this division for operation and maintenance, Defense-Wide, $5,000,000 may be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77).

    SEC. 8184. (a) FINDINGS- The Senate makes the following findings:

      (1) The military departments have recently initiated worker safety demonstration programs.

      (2) These programs are intended to improve the working conditions of Department of Defense personnel and save money.

      (3) These programs are in the public interest, and the enhancement of these programs will lead to desirable results for the military departments.

    (b) FUNDS FOR ENHANCEMENT OF ARMY PROGRAM- Of the amount appropriated by title II of this division under the heading `OPERATION AND MAINTENANCE, ARMY', $3,300,000 may be available to enhance the Worker Safety Demonstration Program of the Army.

    (c) FUNDS FOR ENHANCEMENT OF NAVY PROGRAM- Of the amount appropriated by title II of this division under the heading `OPERATION AND MAINTENANCE, NAVY', $3,300,000 may be available to enhance the Worker Safety Demonstration Program of the Navy.

    (d) FUNDS FOR ENHANCEMENT OF AIR FORCE PROGRAM- Of the amount appropriated by title II of this division under the heading `OPERATION AND MAINTENANCE, AIR FORCE', $3,300,000 may be available to enhance the Worker Safety Demonstration Program of the Air Force.

    SEC. 8185. 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, valves, and fittings at the Air National Guard facility at Rosecrans Memorial Airport, St. Joseph, Missouri, and (subject to section 2811 of title 10, United States Code) for the repair of the roof of the Aerial Port Facility at that airport.

    SEC. 8186. Of the amount appropriated in title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY', $7,000,000 may be made available for the Center for Advanced Power Systems.

    SEC. 8187. Of the amount appropriated by title IV of this division for the Air Force for research, development, test, and evaluation, $3,500,000 may be available for the Collaborative Technology Clusters program.

    SEC. 8188. Of the amount appropriated by title III of this division under the heading `OTHER PROCUREMENT, ARMY', $7,000,000 may be available for Army live fire ranges.

    SEC. 8189. Of the amount appropriated by title II of this division under the heading `OPERATION AND MAINTENANCE, AIR FORCE', $3,900,000 may be available for the aging aircraft program of the Air Force.

    SEC. 8190. Of the total amount appropriated in title II of this division for operation and maintenance, Navy, for civilian manpower and personnel management, $1,500,000 may be used for the Navy Pilot Human Resources Call Center, Cutler, Maine.

    SEC. 8191. Of the total amount appropriated in title IV of this division for research, development, test and evaluation, Army, $5,000,000 may be used for Compact Kinetic Energy Missile Inertial Future Missile Technology Integration.

    SEC. 8192. Of the amount appropriated by title III of this division under the heading `OTHER PROCUREMENT, NAVY', $1,600,000 may be available for the Navy for Engineering Control and Surveillance Systems.

    SEC. 8193. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY', $5,000,000 may made be available for a program at the Naval Medical Research Center (NMRC) to treat victims of radiation exposure.

    SEC. 8194. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE', $10,000,000 may be available for the Gulf States Initiative.

    SEC. 8195. Of the total amount appropriated by title IV of this division for research, development, test, and evaluation, Navy, $4,300,000 may be available for the demonstration and validation of laser fabricated steel reinforcement for ship construction.

    SEC. 8196. REPORT ON PROGRESS TOWARD IMPLEMENTATION OF COMPREHENSIVE NUCLEAR THREAT REDUCTION PROGRAMS TO SAFEGUARD PAKISTANI AND INDIAN MISSILE NUCLEAR STOCKPILES AND TECHNOLOGY. (a) FINDINGS- Congress makes the following findings:

      (1) Since 1991 the Nunn-Lugar cooperative threat reduction initiative with the Russian Federation has sought to address the threat posed by Soviet-era stockpiles of nuclear, chemical, and biological weapons-grade materials being illicitly acquired by terrorist organizations or rogue states.

      (2) India and Pakistan have acquired or developed independently nuclear materials, detonation devices, warheads, and delivery systems as part of their nuclear weapons programs.

      (3) Neither India nor Pakistan is currently a signatory of the Nuclear Non-Proliferation Treaty or the Comprehensive Test Ban Treaty or an active participant in the United Nations Conference of Disarmament, nor do these countries voluntarily submit to international inspections of their nuclear facilities.

      (4) Since the commencement of the military campaign against the Taliban regime and the al-Qaeda terrorist network in Afghanistan, Pakistan has taken additional steps to secure its nuclear assets from theft by members of al-Qaeda or other terrorists sympathetic to Osama bin Laden or the Taliban.

      (5) Self-policing of nuclear materials and sensitive technologies by Indian and Pakistani authorities without up-to-date Western technology and expertise in the nuclear security area is unlikely to prevent determined terrorists or sympathizers from gaining access to such stockpiles over the long term.

      (6) The United States has a significant national security interest in cooperating with India and Pakistan in order to ensure that effective nuclear threat reduction programs and policies are being pursued by the governments of those two countries.

    (b) REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in cooperation with the Secretaries 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 establishment of such programs, a timetable for implementation of such programs, and an estimated five-year budget that will be required to fully fund such programs.

    SEC. 8197. Of the amount appropriated by title III of this division under the heading `PROCUREMENT, MARINE CORPS', $5,000,000 may be available for M-4 Carbine, Modular Weapon Systems.

    SEC. 8198. Of the amount appropriated by title III of this division under the heading `AIRCRAFT PROCUREMENT, ARMY', $7,500,000 may be available for AN/AVR-2A laser detecting sets.

    SEC. 8199. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE', $2,500,000 may be available for Industrial Preparedness (PE0708011F) for continuing development of the nickel-metal hydride replacement battery for F-16 aircraft.

    SEC. 8200. Of the amount appropriated by title III under the heading `AIRCRAFT PROCUREMENT, NAVY', $8,960,000 may be available for the Navy for four Hushkit noise inhibitors for C-9 aircraft.

    SEC. 8201. Of the amount appropriated by title VI of this division under the heading `DEFENSE HEALTH PROGRAM', $5,000,000 may be available for the Army for the development of the Operating Room of the Future, an applied technology test bed at the University of Maryland Medical Center.

    SEC. 8202. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY', $5,700,000 may be made available for the Coalition for Advanced Biomaterials Technologies and Therapies (CABTT) program to maximize far-forward treatment and for the accelerated return to duty of combat casualties.

    SEC. 8203. Of the amount appropriated by title III of this division under the heading `AIRCRAFT PROCUREMENT, NAVY', $9,800,000 may be available for Advanced Digital Recorders and Digital Recorder Producers for P-3 aircraft.

    SEC. 8204. From amounts appropriated by this division, amounts may hereby be made available as follows: $8,000,000 for Big Crow (PE605118D).

    SEC. 8205. From within amounts appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY' the Commanding General of the Army Space and Missile Defense Command may acquire and maintain domed housing units for military personnel on Kwajalein Atoll and other islands and locations in support of the mission of the command.

    SEC. 8206. Of the funds made available in title IV of this Act under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY' $4,000,000 may be available for a national tissue engineering center.

    SEC. 8207. Of the funds in title III for Ammunition Procurement, Army, $5,000,000 may be available for M107, HE, 155mm.

    SEC. 8208. Of the funds in title IV for Research, Development, Test and Evaluation, Air Force, $1,000,000 may be available for Integrated Medical Information Technology System.

    SEC. 8209. Of the funds authorized in title IV for appropriation for Research, Development, Test and Evaluation, Navy, $3,000,000 may be available for modular helmet.

    SEC. 8210. Of the funds available in title II for Operation and Maintenance, Army Reserve, $5,000,000 may be available for land forces readiness-information operations.

    SEC. 8211. Of the total amount appropriated by title III of this division for other procurement, Navy, $10,000,000 may be available for the NULKA decoy procurement.

    SEC. 8212. (a) MODIFICATION OF GENERAL REQUIREMENTS- Section 1078(b) of the Floyd D. Spence National Defense Authorization 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, disassembled, or maintained' and inserting `manufactured, assembled, 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 subcontractor employees at the facility; and

      (B) notify such employees of known or possible exposures to radioactive or other hazardous substances at the facility.

    (2) Notice under paragraph (1)(B) shall include--

      (A) information on the discussion of exposures covered by such notice with health care providers and other appropriate persons who do not hold a security clearance; and

      (B) if necessary, appropriate guidance on contacting health care providers and officials involved with cleanup of the facility who hold an appropriate security clearance.

    (3) Notice under paragraph (1)(B) shall be by mail or other appropriate means, as determined by the Secretary.

    (d) DEADLINE FOR ACTIONS- The Secretary shall complete the actions required by subsections (b) and (c) not later than 90 days after the date of the enactment of this Act.

    (e) REPORT- Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional 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 of progress on the provision of the notice to such workers under subsection (c)(1)(B).

    SEC. 8213. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE' $1,000,000, may be available for Low Cost Launch Vehicle Technology.

    SEC. 8214. (a) STUDY OF PHYSICAL STATE OF ARMED SERVICES INITIAL ENTRY TRAINEE HOUSING AND BARRACKS- The Comptroller General of the United States shall carry out a study of the physical state of the Initial Entry Trainee housing and barracks of the Armed Services.

    (b) REPORT TO CONGRESS- Not later than nine months after the date of the enactment of this Act, the Comptroller General shall submit to the congressional defense committees a report on the study carried out under subsection (a). The report shall set forth the results of the study, and shall include such other matters relating to the study as the Comptroller General considers appropriate.

    (c) CONGRESSIONAL DEFENSE COMMITTEES DEFINED- In this section, the term `congressional defense committees' means--

      (1) the Committees on Appropriations and Armed Services of the Senate; and

      (2) the Committees on Appropriations and Armed Services of the House of Representatives.

    SEC. 8215. PILOT PROGRAM FOR EFFICIENT INVENTORY MANAGEMENT SYSTEM FOR THE DEPARTMENT OF DEFENSE. (a) Of the total amount appropriated by this division for operation and maintenance, Defense-Wide, $1,000,000 may be available for the Secretary of Defense to carry out a pilot program for the development and operation of an efficient inventory management system for the Department of Defense. The pilot program may be designed to address the problems in the inventory management system of the Department that were identified by the Comptroller General of the United States as a result of the General Accounting Office audit of the inventory management system of the Department in 1997.

    (b) In entering into any contract for purposes of the pilot program, the Secretary may take into appropriate account current Department contract goals for small business concerns owned and controlled by socially and economically disadvantaged individuals.

    (c) Not later than one year after the date of the enactment of this Act, the Secretary may submit to Congress a report on the pilot program. The report shall describe the pilot program, assess the progress of the pilot program, and contain such recommendations as the Secretary considers appropriate regarding expansion or extension of the pilot program.

    SEC. 8216. Of the amount appropriated by title IV of this division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY', $2,000,000 may be allocated to the Advanced Safety Tether Operation and Reliability/Space Transfer using Electrodynamic Propulsion (STEP-AIRSEDS) program (PE0602236N) of the Office of Naval Research/Navy Research Laboratory.

TITLE IX--AMERICAN SERVICEMEMBERS' PROTECTION ACT OF 2001

SEC. 9001. SHORT TITLE.

    This title may be cited as the `American Servicemembers' Protection Act of 2001'.

SEC. 9002. FINDINGS.

    Congress makes the following findings:

      (1) On July 17, 1998, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, meeting in Rome, Italy, adopted the `Rome Statute of the International Criminal Court'. The vote on whether to proceed with the statute was 120 in favor to 7 against, with 21 countries abstaining. The United States voted against final adoption of the Rome Statute.

      (2) As of April 30, 2001, 139 countries had signed the Rome Statute and 30 had ratified it. Pursuant to Article 126 of the Rome Statute, the statute will enter into force on the first day of the month after the 60th day following the date on which the 60th country deposits an instrument ratifying the statute.

      (3) Since adoption of the Rome Statute, a Preparatory Commission for the International Criminal Court has met regularly to draft documents to implement the Rome Statute, including Rules of Procedure and Evidence, Elements of Crimes, and a definition of the Crime of Aggression.

      (4) During testimony before the Congress following the adoption of the Rome Statute, the lead United States negotiator, Ambassador David Scheffer stated that the United States could not sign the Rome Statute because certain critical negotiating objectives of the United States had not been achieved. As a result, he stated: `We are left with consequences that do not serve the cause of international justice.'

      (5) Ambassador Scheffer went on to tell the Congress that: `Multinational peacekeeping forces operating in a country that has joined the treaty can be exposed to the Court's jurisdiction even if the country of the individual peacekeeper has not joined the treaty. Thus, the treaty purports to establish an arrangement whereby United States armed forces operating overseas could be conceivably prosecuted by the international court even if the United States has not agreed to be bound by the treaty. Not only is this contrary to the most fundamental principles of treaty law, it could inhibit the ability of the United States to use its military to meet alliance obligations and participate in multinational operations, including humanitarian interventions to save civilian lives. Other contributors to peacekeeping operations will be similarly exposed.'.

      (6) Notwithstanding these concerns, President Clinton directed that the United States sign the Rome Statute on December 31, 2000. In a statement issued that day, he stated that in view of the unremedied deficiencies of the Rome Statute, `I will not, and do not recommend that my successor submit the Treaty to the Senate for advice and consent until our fundamental concerns are satisfied'.

      (7) Any American prosecuted by the International Criminal Court will, under the Rome Statute, be denied procedural protections to which all Americans are entitled under the Bill of Rights to the United States Constitution, such as the right to trial by jury.

      (8) Members of the Armed Forces of the United States should be free from the risk of prosecution by the International Criminal Court, especially when they are stationed or deployed around the world to protect the vital national interests of the United States. The United States Government has an obligation to protect the members of its Armed Forces, to the maximum extent possible, against criminal prosecutions carried out by the International Criminal Court.

      (9) In addition to exposing members of the Armed Forces of the United States to the risk of international criminal prosecution, the Rome Statute creates a risk that the President and other senior elected and appointed officials of the United States Government may be prosecuted by the International Criminal Court. Particularly if the Preparatory Commission agrees on a definition of the Crime of Aggression over United States objections, senior United States officials may be at risk of criminal prosecution for national security decisions involving such matters as responding to acts of terrorism, preventing the proliferation of weapons of mass destruction, and deterring aggression. No less than members of the Armed Forces of the United States, senior officials of the United States Government should be free from the risk of prosecution by the International Criminal Court, especially with respect to official actions taken by them to protect the national interests of the United States.

      (10) Any agreement within the Preparatory Commission on a definition of the Crime of Aggression that usurps the prerogative of the United Nations Security Council under Article 39 of the charter of the United Nations to `determine the existence of any . . . act of aggression' would contravene the charter of the United Nations and undermine deterrence.

      (11) It is a fundamental principle of international law that a treaty is binding upon its parties only and that it does not create obligations for nonparties without their consent to be bound. The United States is not a party to the Rome Statute and will not be bound by any of its terms. The United States will not recognize the jurisdiction of the International Criminal Court over United States nationals.

SEC. 9003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS TITLE.

    (a) AUTHORITY TO WAIVE SECTIONS 9004 AND 9005 WITH RESPECT TO AN INVESTIGATION OR PROSECUTION OF A NAMED INDIVIDUAL- The President is authorized to waive the prohibitions and requirements of sections 9004 and 9005 to the degree such prohibitions and requirements would prevent United States cooperation with an investigation or prosecution of a named individual by the International Criminal Court. A waiver under this subsection may be issued only if the President at least 15 days in advance of exercising such authority--

      (1) notifies the appropriate congressional committees of the intention to exercise such authority; and

      (2) determines and reports to the appropriate congressional committees that--

        (A) there is reason to believe that the named individual committed the crime or crimes that are the subject of the International Criminal Court's investigation or prosecution;

        (B) it is in the national interest of the United States for the International Criminal Court's investigation or prosecution of the named individual to proceed; and

        (C) in investigating events related to actions by the named individual, none of the following persons will be investigated, arrested, detained, prosecuted, or imprisoned by or on behalf of the International Criminal Court with respect to actions undertaken by them in an official capacity:

          (i) Covered United States persons.

          (ii) Covered allied persons.

          (iii) Individuals who were covered United States persons or covered allied persons.

    (b) TERMINATION OF PROHIBITIONS OF THIS TITLE- The prohibitions and requirements of sections 9004 and 9005 shall cease to apply, and the authority of section 9006 shall terminate, if the United States becomes a party to the International Criminal Court pursuant to a treaty made under article II, section 2, clause 2 of the Constitution of the United States.

SEC. 9004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT.

    (a) APPLICATION- The provisions of this section--

      (1) apply only to cooperation with the International Criminal Court and shall not apply to cooperation with an ad hoc international criminal tribunal established by the United Nations Security Council before or after the date of the enactment of this Act to investigate and prosecute war crimes committed in a specific country or during a specific conflict; and

      (2) shall not prohibit--

        (A) any action permitted under section 9006; or

        (B) communication by the United States of its policy with respect to a matter.

    (b) PROHIBITION ON RESPONDING TO REQUESTS FOR COOPERATION- Notwithstanding section 1782 of title 28, United States Code, or any other provision of law, no United States Court, and no agency or entity of any State or local government, including any court, may cooperate with the International Criminal Court in response to a request for cooperation submitted by the International Criminal Court pursuant to the Rome Statute.

    (c) PROHIBITION ON TRANSMITTAL OF LETTERS ROGATORY FROM THE INTERNATIONAL CRIMINAL COURT- Notwithstanding section 1781 of title 28, United States Code, or any other provision of law, no agency of the United States Government may transmit for execution any letter rogatory issued, or other request for cooperation made, by the International Criminal Court to the tribunal, officer, or agency in the United States to whom it is addressed.

    (d) PROHIBITION ON EXTRADITION TO THE INTERNATIONAL CRIMINAL COURT- Notwithstanding any other provision of law, no agency or entity of the United States Government or of any State or local government may extradite any person from the United States to the International Criminal Court, nor support the transfer of any United States citizen or permanent resident alien to the International Criminal Court.

    (e) PROHIBITION ON PROVISION OF SUPPORT TO THE INTERNATIONAL CRIMINAL COURT- Notwithstanding any other provision of law, no agency or entity of the United States Government or of any State or local government, including any court, may provide support to the International Criminal Court.

    (f) PROHIBITION ON USE OF APPROPRIATED FUNDS TO ASSIST THE INTERNATIONAL CRIMINAL COURT- Notwithstanding any other provision of law, no funds appropriated under any provision of law may be used for the purpose of assisting the investigation, arrest, detention, extradition, or prosecution of any United States citizen or permanent resident alien by the International Criminal Court.

    (g) RESTRICTION ON ASSISTANCE PURSUANT TO MUTUAL LEGAL ASSISTANCE TREATIES- The United States shall exercise its rights to limit the use of assistance provided under all treaties and executive agreements for mutual legal assistance in criminal matters, multilateral conventions with legal assistance provisions, and extradition treaties, to which the United States is a party, and in connection with the execution or issuance of any letter rogatory, to prevent the transfer to, or other use by, the International Criminal Court of any assistance provided by the United States under such treaties and letters rogatory.

    (h) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF AGENTS- No agent of the International Criminal Court may conduct, in the United States or any territory subject to the jurisdiction of the United States, any investigative activity relating to a preliminary inquiry, investigation, prosecution, or other proceeding at the International Criminal Court.

SEC. 9005. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT INFORMATION TO THE INTERNATIONAL CRIMINAL COURT.

    (a) IN GENERAL- Not later than the date on which the Rome Statute enters into force, the President shall ensure that appropriate procedures are in place to prevent the transfer of classified national security information and law enforcement information to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.

    (b) INDIRECT TRANSFER- The procedures adopted pursuant to subsection (a) shall be designed to prevent the transfer to the United Nations and to the government of any country that is party to the International Criminal Court of classified national security information and law enforcement information that specifically relates to matters known to be under investigation or prosecution by the International Criminal Court, except to the degree that satisfactory assurances are received from the United Nations or that government, as the case may be, that such information will not be made available to the International Criminal Court for the purpose of facilitating an investigation, apprehension, or prosecution.

    (c) CONSTRUCTION- The provisions of this section shall not be construed to prohibit any action permitted under section 9006.

SEC. 9006. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE UNITED STATES AND CERTAIN OTHER PERSONS DETAINED OR IMPRISONED BY OR ON BEHALF OF THE INTERNATIONAL CRIMINAL COURT.

    (a) AUTHORITY- The President is authorized to use all means necessary and appropriate to bring about the release of any person described in subsection (b) who is being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court.

    (b) PERSONS AUTHORIZED TO BE FREED- The authority of subsection (a) shall extend to the following persons:

      (1) Covered United States persons.

      (2) Covered allied persons.

      (3) Individuals detained or imprisoned for official actions taken while the individual was a covered United States person or a covered allied person, and in the case of a covered allied person, upon the request of such government.

    (c) AUTHORIZATION OF LEGAL ASSISTANCE- When any person described in subsection (b) is arrested, detained, investigated, prosecuted, or imprisoned by, on behalf of, or at the request of the International Criminal Court, the President is authorized to direct any agency of the United States Government to provide--

      (1) legal representation and other legal assistance to that person (including, in the case of a person entitled to assistance under section 1037 of title 10, United States Code, representation and other assistance in the manner provided in that section);

      (2) exculpatory evidence on behalf of that person; and

      (3) defense of the interests of the United States through appearance before the International Criminal Court pursuant to Article 18 or 19 of the Rome Statute, or before the courts or tribunals of any country.

    (d) BRIBES AND OTHER INDUCEMENTS NOT AUTHORIZED- This section does not authorize the payment of bribes or the provision of other such incentives to induce the release of a person described in subsection (b).

SEC. 9007. ALLIANCE COMMAND ARRANGEMENTS.

    (a) REPORT ON ALLIANCE COMMAND ARRANGEMENTS- Not later than 6 months after the date of the enactment of this Act, the President should transmit to the appropriate congressional committees a report with respect to each military alliance to which the United States is party--

      (1) describing the degree to which members of the Armed Forces of the United States may, in the context of military operations undertaken by or pursuant to that alliance, be placed under the command or operational control of foreign military officers subject to the jurisdiction of the International Criminal Court because they are nationals of a party to the International Criminal Court; and

      (2) evaluating the degree to which members of the Armed Forces of the United States engaged in military operations undertaken by or pursuant to that alliance may be exposed to greater risks as a result of being placed under the command or operational control of foreign military officers subject to the jurisdiction of the International Criminal Court.

    (b) DESCRIPTION OF MEASURES TO ACHIEVE ENHANCED PROTECTION FOR MEMBERS OF THE ARMED FORCES OF THE UNITED STATES- Not later than one year after the date of the enactment of this Act, the President should transmit to the appropriate congressional committees a description of modifications to command and operational control arrangements within military alliances to which the United States is a party that could be made in order to reduce any risks to members of the Armed Forces of the United States identified pursuant to subsection (a)(2).

    (c) SUBMISSION IN CLASSIFIED FORM- The report under subsection (a), and the description of measures under subsection (b), or appropriate parts thereof, may be submitted in classified form.

SEC. 9008. WITHHOLDINGS.

    Funds withheld from the United States share of assessments to the United Nations or any other international organization during any fiscal year pursuant to section 705 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted by section 1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-460), are authorized to be transferred to the Embassy Security, Construction and Maintenance Account of the Department of State.

SEC. 9009. APPLICATION OF SECTIONS 9004 AND 9005 TO EXERCISE OF CONSTITUTIONAL AUTHORITIES.

    (a) IN GENERAL- Sections 9004 and 9005 shall not apply to any action or actions with respect to a specific matter involving the International Criminal Court taken or directed by the President on a case-by-case basis in the exercise of the President's authority as Commander in Chief of the Armed Forces of the United States under article II, section 2 of the United States Constitution or in the exercise of the executive power under article II, section 1 of the United States Constitution.

    (b) NOTIFICATION TO CONGRESS-

      (1) IN GENERAL- Subject to paragraph (2), not later than 15 days after the President takes or directs an action or actions described in subsection (a) that would otherwise be prohibited under section 9004 or 9005, the President shall submit a notification of such action to the appropriate congressional committees. A notification under this paragraph shall include a description of the action, a determination that the action is in the national interest of the United States, and a justification for the action.

      (2) EXCEPTION- If the President determines that a full notification under paragraph (1) could jeopardize the national security of the United States or compromise a United States law enforcement activity, not later than 15 days after the President takes or directs an action or actions referred to in paragraph (1) the President shall notify the appropriate congressional committees that an action has been taken and a determination has been made pursuant to this paragraph. The President shall provide a full notification under paragraph (1) not later than 15 days after the reasons for the determination under this paragraph no longer apply.

    (c) CONSTRUCTION- Nothing in this section shall be construed as a grant of statutory authority to the President to take any action.

SEC. 9010. NONDELEGATION.

    The authorities vested in the President by sections 9003 and 9009(a) may not be delegated by the President pursuant to section 301 of title 3, United States Code, or any other provision of law.

SEC. 9011. DEFINITIONS.

    As used in this title and in section 706 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001:

      (1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate.

      (2) CLASSIFIED NATIONAL SECURITY INFORMATION- The term `classified national security information' means information that is classified or classifiable under Executive Order 12958 or a successor Executive order.

      (3) COVERED ALLIED PERSONS- The term `covered allied persons' means military personnel, elected or appointed officials, and other persons employed by or working on behalf of the government of a NATO member country, a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), or Taiwan, for so long as that government is not a party to the International Criminal Court and wishes its officials and other persons working on its behalf to be exempted from the jurisdiction of the International Criminal Court.

      (4) COVERED UNITED STATES PERSONS- The term `covered United States persons' means members of the Armed Forces of the United States, elected or appointed officials of the United States Government, and other persons employed by or working on behalf of the United States Government, for so long as the United States is not a party to the International Criminal Court.

      (5) EXTRADITION- The terms `extradition' and `extradite' mean the extradition of a person in accordance with the provisions of chapter 209 of title 18, United States Code, (including section 3181(b) of such title) and such terms include both extradition and surrender as those terms are defined in Article 102 of the Rome Statute.

      (6) INTERNATIONAL CRIMINAL COURT- The term `International Criminal Court' means the court established by the Rome Statute.

      (7) MAJOR NON-NATO ALLY- The term `major non-NATO ally' means a country that has been so designated in accordance with section 517 of the Foreign Assistance Act of 1961.

      (8) PARTICIPATE IN ANY PEACEKEEPING OPERATION UNDER CHAPTER VI OF THE CHARTER OF THE UNITED NATIONS OR PEACE ENFORCEMENT OPERATION UNDER CHAPTER VII OF THE CHARTER OF THE UNITED NATIONS- The term `participate in any peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations' means to assign members of the Armed Forces of the United States to a United Nations military command structure as part of a peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations in which those members of the Armed Forces of the United States are subject to the command or operational control of one or more foreign military officers not appointed in conformity with article II, section 2, clause 2 of the Constitution of the United States.

      (9) PARTY TO THE INTERNATIONAL CRIMINAL COURT- The term `party to the International Criminal Court' means a government that has deposited an instrument of ratification, acceptance, approval, or accession to the Rome Statute, and has not withdrawn from the Rome Statute pursuant to Article 127 thereof.

      (10) PEACEKEEPING OPERATION UNDER CHAPTER VI OF THE CHARTER OF THE UNITED NATIONS OR PEACE ENFORCEMENT OPERATION UNDER CHAPTER VII OF THE CHARTER OF THE UNITED NATIONS- The term `peacekeeping operation under chapter VI of the charter of the United Nations or peace enforcement operation under chapter VII of the charter of the United Nations' means any military operation to maintain or restore international peace and security that--

        (A) is authorized by the United Nations Security Council under chapter VI or VII of the charter of the United Nations; and

        (B) is paid for from assessed contributions of United Nations members that are made available for peacekeeping or peace enforcement activities.

      (11) ROME STATUTE- The term `Rome Statute' means the Rome Statute of the International Criminal Court, adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998.

      (12) SUPPORT- The term `support' means assistance of any kind, including financial support, transfer of property or other material support, services, intelligence sharing, law enforcement cooperation, the training or detail of personnel, and the arrest or detention of individuals.

      (13) UNITED STATES MILITARY ASSISTANCE- The term `United States military assistance' means--

        (A) assistance provided under chapter 2 or 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or

        (B) defense articles or defense services furnished with the financial assistance of the United States Government, including through loans and guarantees, under section 23 of the Arms Export Control Act (22 U.S.C. 2763).

SEC. 9012. PERIOD OF EFFECTIVENESS OF THE TITLE.

    Except as otherwise provided in this title, the provisions of this title shall take effect on the date of enactment of this Act and remain in effect without regard to the expiration of fiscal year 2002.

    This division may be cited as the `Department of Defense Appropriations Act, 2002'.

DIVISION B--TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO PUBLIC LAW 107-38

    The funds appropriated in Public Law 107-38 subject to subsequent enactment and previously designated as an emergency by the President and Congress under the Balanced Budget and Emergency 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', $70,000,000, 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.

Cooperative State Research, Education, and Extension Service

RESEARCH AND EDUCATION

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Research and Education', $50,000,000, 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', $95,000,000, 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 and merged with the Agriculture 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', $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 Inspection Service', $15,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Food and Nutrition Service

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)', $39,000,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107-38: Provided, That of the amounts provided in this Act and any amounts available for reallocation in fiscal year 2002, the Secretary shall reallocate funds under section 17(g)(2) of the Child Nutrition Act of 1966, as amended, in the manner and under the formula the Secretary deems necessary to respond to the effects of unemployment and other conditions caused by the recession, and starting no later than March 1, 2002, such reallocation shall occur no less frequently than every other month throughout 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', $127,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

RELATED 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', $10,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

GENERAL PROVISION, THIS CHAPTER

    SEC. 101. Section 741(b) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (P.L. 107-76), is amended by striking `20,000,000 pounds' and inserting `5,000,000 pounds'.

CHAPTER 2

DEPARTMENT OF JUSTICE

General Administration

PATRIOT ACT ACTIVITIES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Patriot Act Activities', $25,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, of which $2,000,000 shall be for a feasibility report, as authorized by Section 405 of Public Law 107-56, and of which $23,000,000 shall be for implementation of such enhancements as are deemed necessary: 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 compliance 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', $21,250,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, of which $15,000,000 shall be for a cyber security initiative.

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', $74,600,000, 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', $26,100,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, of which $9,125,000 shall be for courthouse security equipment.

CONSTRUCTION

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Construction', $35,000,000, 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', $654,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, of which $10,283,000 is for the refurbishing of the Engineering and Research Facility and $14,135,000 is for the decommissioning and renovation of former laboratory space in the Hoover building, of which $66,000,000 shall be for a cyber security initiative at the National Infrastructure Protection Center.

Immigration and Naturalization Service

SALARIES AND EXPENSES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States and for all costs associated with the reorganization of the Immigration and Naturalization Service, for `Salaries and Expenses', $449,800,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, of which $10,000,000 shall be for additional border patrols along the Southwest border, of which $55,800,000 shall be for additional inspectors and support staff on the northern border, and of which $23,900,000 shall be for transfer of and additional border patrols and support staff on the northern border.

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 obligated 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, $245,900,000 shall be for discretionary grants under the Edward Byrne Memorial State and Local Law Enforcement Assistance Program, of which $81,700,000 shall be for Northern Virginia, of which $81,700,000 shall be for New Jersey, of which $56,500,000 shall be for Maryland, of which $17,000,000 shall be for a grant for the Utah Olympic Public Safety Command for security equipment and infrastructure related to the 2002 Winter Olympics, including the Paralympics and related events, and of which $9,000,000 shall be made available for discretionary grants to State and local law enforcement agencies to establish or enhance cybercrime units aimed at investigating and prosecuting cybersecurity offenses, to remain available until expended, and to be obligated from amounts made available in Public Law 107-38.

CRIME VICTIMS FUND

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Crime Victims Fund', $68,100,000, to remain available until 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 Administration', $1,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Export Administration

OPERATIONS AND ADMINISTRATION

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Operations and Administration', $1,756,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Economic Development Administration

SALARIES AND EXPENSES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', $335,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

National Telecommunications and Information Administration

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

    For emergency grants authorized by section 392 of the Communications Act of 1934, as amended, to respond to the September 11, 2001, terrorist attacks on the United States, $8,250,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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', $3,360,000, 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', $10,400,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, of which $10,000,000 shall be for a cyber security initiative.

CONSTRUCTION OF RESEARCH FACILITIES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Construction of Research Facilities', $1,225,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH AND FACILITIES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Operations, Research and Facilities', $2,750,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Departmental Management

SALARIES AND EXPENSES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', $881,000, 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 BUILDINGS AND GROUNDS

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Care of the Buildings 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.

Court 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 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 obligated from amounts made available in Public Law 107-38.

RELATED AGENCIES

Department of Transportation

Maritime Administration

OPERATIONS AND TRAINING

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Operations and Training', $11,000,000, for a port security program, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for the cost of guaranteed loans, as authorized by the Merchant Marine Act, 1936, $12,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended.

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.

Small Business Administration

BUSINESS LOANS PROGRAM ACCOUNT

    For emergency expenses 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, for the cost of loan subsidies and for loan modifications as authorized by section 202 of this Act, 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 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, for the cost of loan subsidies and for loan modifications as authorized by section 201 of this Act, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

GENERAL PROVISIONS, THIS CHAPTER

    SEC. 201. 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 one 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 two-year period following the issuance of such disaster loan.

    SEC. 202. 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 outstanding 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 one year following the date of enactment and to the extent the costs of such reduced fees are offset by appropriations provided by this Act.

    SEC. 203. Not later than April 1, 2002, the Secretary of State shall submit to the Committees on Appropriations, in both classified and unclassified form, a report on the United States-People's Republic of China Science and Technology Agreement of 1979, including all protocols. The report is intended to provide a comprehensive evaluation of the benefits of the agreement to the Chinese 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 five 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. 204. 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).'.

Small Business Administration

DISASTER LOAN PROGRAM ACCOUNT

    SEC. 205. Of the amount made available under this heading in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2002 (Public Law 107-77), for administrative expenses to carry out the direct loan program, $5,000,000 shall be made available for necessary expenses of the HUBZone program as authorized by section 31 of the Small Business Act, as amended (15 U.S.C. 657a), of which, not more than $500,000 may be used for the maintenance and operation of the Procurement Marketing and Access Network (PRO-Net). The Administrator of the Small Business Administration shall make quarterly reports to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Small Business and Entrepreneurship of the Senate, and the Committee on Small Business of the House of Representatives regarding all actions taken by the Small Business Administration to address the deficiencies in the HUBZone program, as identified by the General Accounting Office in report number GAO-02-57 of October 26, 2001.

CHAPTER 3

DEPARTMENT OF DEFENSE

OPERATION AND MAINTENANCE

Defense Emergency Response Fund

    For emergency expenses to respond to the September 11, 2001 terrorist attacks on the United States, for `Defense Emergency Response Fund', $1,525,000,000, to remain available until expended, to be obligated from amounts made available by Public Law 107-38: Provided, That $20,000,000 shall be made available for the National Infrastructure Simulation and Analysis Center (NISAC): Provided further, That $500,000 shall be made available only for the White House Commission on the National Moment of Remembrance: Provided further, That--

      (1) $35,000,000 shall be available for the procurement of the Advance Identification Friend-or-Foe system for integration into F-16 aircraft of the Air National Guard that are being used in continuous air patrols over Washington, District of Columbia, and New York, New York; and

      (2) $20,000,000 shall be available for the procurement of the Transportation Multi-Platform Gateway for integration into the AWACS aircraft that are being used to perform early warning surveillance over the United States.

GENERAL PROVISIONS, THIS CHAPTER

    SEC. 301. Amounts available in the `Defense Emergency Response 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 only for costs incurred for such purposes between September 11 and December 31, 2001: Provided further, That such Fund may be used to liquidate obligations incurred by the Department under the authorities in 41 U.S.C. 11 for any costs incurred for such purposes between September 11 and September 30, 2001: Provided further, That the Secretary of Defense may transfer funds from the Fund to the appropriation, `Support for International Sporting Competitions, Defense', to be merged with, and available for the same time period and for the same purposes as that appropriation: Provided further, That the transfer authority provided by this section is in addition to any other transfer authority available to the Secretary of Defense: Provided further, That the Secretary of Defense shall report to the Congress quarterly all transfers made pursuant to this authority.

    SEC. 302. Amounts in the `Support for International Sporting Competitions, Defense', may be used to support 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). Further, 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 members of the Army National Guard and Air National Guard in connection 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).

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 specialized 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 pharmaceuticals for responders, to be obligated from amounts made available 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 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.

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, supplies and vehicles for the Office of the Chief Medical Examiner, $1,780,000.

Federal Payment to the District of Columbia 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 containment 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, $43,994,000, 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 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 Emergency Medical Services Departments with the systems of 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, Federal Protective Service, and the Washington Metropolitan 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.

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 information.

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, $11,449,000, of which $4,400,000 is for the Fire and Emergency Medical Services Department, $990,000 is for the Metropolitan Police Department, $1,200,000 is for the Department of Health, $200,000 is for the Office of the Chief Medical Examiner, $1,500,000 is for the Emergency Management Agency, $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, $750,000 is for the Division of Transportation.

Federal Payment to the District of Columbia for Increased 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 for the public schools, and $7,061,000 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 September 30, 2003, of which $5,000,000 shall be used for protective clothing and breathing apparatus, $17,200,000 shall be for completion of the fiber optic network project and an automatic vehicle locator system, 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 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 emergency 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 communications plan, and $2,500,000 shall be used to develop protocols and procedures for training and outreach exercises.

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 Appropriations 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 and the Chief Financial Officer of the Washington Metropolitan Area Transit Authority 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.

CHAPTER 5

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 Maintenance, 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 improve nuclear nonproliferation and verification research and development (including research and development with respect to radiological dispersion devices, also know as `dirty bombs'), for `Defense Nuclear Nonproliferation', $226,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Other Defense Related Activities

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 Activities', $3,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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 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, Construction, 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. Title III of the Energy and Water Development Appropriations Act, 2002 (Public Law 107-66) is amended by adding at the end the following new section:

    `SEC. 313. (a) INCREASE IN AMOUNT AVAILABLE FOR ELECTRIC ENERGY SYSTEMS AND STORAGE PROGRAM- The amount appropriated by this title under the heading `DEPARTMENT OF ENERGY' under the heading `ENERGY PROGRAMS' under the paragraph `ENERGY SUPPLY' is hereby increased by $14,000,000, with the amount of the increase to be available under that paragraph for the electric energy systems and storage program.

    `(b) DECREASE IN AMOUNT AVAILABLE FOR DEPARTMENT OF ENERGY GENERALLY- The amount appropriated by this title under the heading `DEPARTMENT OF ENERGY' (other than under the heading `NATIONAL NUCLEAR SECURITY ADMINISTRATION' or under the heading `ENERGY PROGRAMS' under the paragraph `ENERGY SUPPLY') is hereby decreased by $14,000,000, with the amount of the decrease to be distributed among amounts available under the heading `DEPARTMENT OF ENERGY' in a manner determined by the Secretary of Energy and approved by the Committees on Appropriations.'.

    SEC. 504. The Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509) is amended as follows:

      (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

      (2) by inserting in Section 5 after `levels),' and before `plus' the following: `and, effective October 1, 2001, not to exceed an additional $32,000,000 (October 1, 2001, price levels),'.

CHAPTER 6

DEPARTMENT OF THE INTERIOR

National Park Service

OPERATION OF THE NATIONAL PARK SYSTEM

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `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 `United States Park Police', $25,295,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

CONSTRUCTION

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Construction', $21,624,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Departmental Offices

Departmental Management

SALARIES AND EXPENSES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', $2,205,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38, for the working capital fund of the Department of the Interior.

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', $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', $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 Maintenance', $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', $758,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

GENERAL PROVISIONS, THIS CHAPTER

    SEC. 601. (a) IN GENERAL- The Secretary of the Smithsonian Institution may collect and preserve in the National Museum of American History artifacts relating to the September 11th attacks 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 government officials; and

      (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. 602. 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 programs 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.'.

    SEC. 603. (a) General Trustees-

      (1) IN GENERAL- Subsection (a) of section 2 of the John F. Kennedy Center Act (20 U.S.C. 76h) is amended in its last clause by striking out the word `thirty' and inserting in lieu thereof the word `thirty-six'.

      (2) Terms of office for new general trustees-

        (A) Initial terms of office-

          (i) COMMENCEMENTS OF INITIAL TERM- The initial terms of office for all new general trustees offices created by this section shall commence upon appointment by the President.

          (ii) EXPIRATIONS OF INITIAL TERM- The initial terms of office for all new general trustee offices created by this section shall continue until September 1, 2007.

          (iii) VACANCIES AND SERVICE UNTIL THE APPOINTMENT OF A SUCCESSOR- For all new general trustee offices created by this section, subsections (b)(1) and (b)(2) of section 2 of the John F. Kennedy Center Act (20 U.S.C. 76h) shall apply.

        (B) SUCCEEDING TERMS OF OFFICE- Upon the expirations of the initial terms of office pursuant to subparagraph (A) the terms of office for all new general trustee offices created by this section shall be governed by subsection (b) of section 2 of the John F. Kennedy Center Act (20 U.S.C. 76h).

    (b) EX OFFICIO TRUSTEES- Subsection (a) of section 2 of the John F. Kennedy Center Act (20 U.S.C. 76h) is further amended by inserting in the second sentence `the Majority and Minority Leaders of the Senate, the Speaker of the House of Representatives, the Minority Leader of the House of Representatives,' after `the Secretary of the Smithsonian Institution,'.

    (c) HOUSEKEEPING AMENDMENT- To conform with the previous abolition of the United States Information Agency and the transfer of all functions of the Director of the United States Information Agency to the Secretary of State (sections 1311 and 1312 of Public Law 105-277, 112 Stat. 2681-776), subsection (a) of section 2 of the John F. Kennedy Center Act (20 U.S.C. 76h) is further amended by striking in the second sentence `the Director of the United States Information Agency,' and inserting in lieu thereof `the Secretary of State,'.

CHAPTER 7

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 Emergency 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 payment 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 payment to the New York State Uninsured Employers Fund, for reimbursement 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 AND 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 services 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.

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 activities set forth in section 311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, $10,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Office of the Secretary

PUBLIC HEALTH AND 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 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 Emergency Fund', $2,575,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38. Of this amount, $1,000,000,000 shall be for the Centers for Disease Control and Prevention for improving State and local capacity; $100,000,000 shall be for grants to hospitals, in collaboration with local governments, to improve capacity to respond to bioterrorism; $165,000,000 shall be for upgrading capacity at the Centers for Disease Control and Prevention, including research; $10,000,000 shall be for the establishment and operation of a national system to track biological pathogens; $99,000,000 shall be for the National Institute of Allergy and Infectious Diseases for bioterrorism-related research and development and other related needs; $71,000,000 shall be for the National Institute of Allergy and Infectious Diseases for the construction of biosafety laboratories and related infrastructure costs; $593,000,000 shall be for the National Pharmaceutical Stockpile; $512,000,000 shall be for the purchase, deployment and related costs of the smallpox vaccine, and $25,000,000 shall be for improving laboratory security at the National Institutes of Health and the Centers for Disease Control and Prevention. At the discretion of the Secretary, these amounts may be transferred between categories subject to normal reprogramming procedures.

DEPARTMENT OF EDUCATION

Office of Elementary and Secondary Education

SCHOOL IMPROVEMENT PROGRAMS

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `School Improvement Programs', for the Project School Emergency Response to Violence program, $10,000,000, to be obligated from amounts made available in Public Law 107-38.

RELATED AGENCIES

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 Administrative Expenses', $7,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

National Labor Relations Board

SALARIES AND 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.

CHAPTER 8

LEGISLATIVE BRANCH

JOINT ITEMS

LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND

(INCLUDING 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 the `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 $40,712,000 shall be transferred to `HOUSE OF REPRESENTATIVES', `Salaries and Expenses' and shall be obligated with the prior approval of the House Committee on Appropriations: Provided further, That the remaining balance of $180,869,000 shall be transferred to the Capitol Police Board, which shall transfer to the affected entities in the Legislative Branch such amounts as are approved by the House and Senate Committees on Appropriations: Provided further, That any Legislative Branch entity receiving funds pursuant to the Emergency Response Fund established 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 entity receiving funds under Public Law 107-38 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. 801. (a) ACQUISITION OF BUILDINGS AND FACILITIES- Notwithstanding any other provision of law, in order to respond to an emergency situation, the Sergeant at Arms of the Senate may acquire buildings and facilities, subject to the availability of appropriations, for the use of the Senate, as appropriate, by lease, purchase, or such other arrangement as the Sergeant 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. 802. (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 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) consistent with the Senate Procurement Regulations.

    (c) This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

OTHER LEGISLATIVE BRANCH

Administrative Provisions

    SEC. 803. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 206-1) is amended by striking `but not to exceed' and all that follows and inserting the following: `but not to exceed $2,500 less than the lesser of the annual salary for the Sergeant at Arms of the House of Representatives or the annual salary for the Sergeant at Arms and Doorkeeper of the Senate.'.

    (b) The Assistant Chief of the Capitol Police shall receive compensation at a rate determined by the Capitol Police Board, but not to exceed $1,000 less than the 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. 804. (a) ASSISTANCE FOR CAPITOL POLICE FROM EXECUTIVE DEPARTMENTS AND AGENCIES- Notwithstanding any other provision of law, Executive departments and Executive agencies may assist the United States Capitol Police in the same manner and to the same extent as such departments and agencies assist the United States Secret Service under section 6 of the Presidential Protection Assistance Act of 1976 (18 U.S.C. 3056 note), except as may otherwise be provided in this section.

    (b) TERMS OF ASSISTANCE- Assistance under this section shall be provided--

      (1) consistent with the authority of the Capitol Police under sections 9 and 9A of the Act of July 31, 1946 (40 U.S.C. 212a and 212a-2);

      (2) upon the advance written request of--

        (A) the Chairman of the Capitol Police Board, or

        (B) in the absence of the Chairman of the Capitol Police Board--

          (i) the Sergeant at Arms and Doorkeeper of the Senate, in the case of any matter relating to the Senate; or

          (ii) the Sergeant at Arms of the House of Representatives, in the case of any matter relating to the House; and

      (3) either--

        (A) on a temporary and non-reimbursable basis,

        (B) on a temporary and reimbursable basis, or

        (C) on a permanent reimbursable basis upon advance written request of the Chairman of the Capitol Police Board.

    (c) REPORTS ON EXPENDITURES FOR ASSISTANCE-

      (1) REPORTS- With respect to any fiscal year in which an Executive department or Executive agency provides assistance under this section, the head of that department or agency shall submit a report not later than 30 days after the end of the fiscal year to the Chairman of the Capitol Police Board.

      (2) CONTENTS- 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 OF REPORTS- 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.

    (d) EFFECTIVE DATE- This section shall apply with respect to fiscal year 2002 and each succeeding fiscal year.

    SEC. 805. (a) The Chief of the Capitol Police may, upon any emergency as determined by the Capitol Police Board, deputize members of the National Guard (while in the performance of Federal or State service), members of components of the Armed Forces other than the National Guard, and Federal, State or local law enforcement officers as may be necessary to address that emergency. Any person deputized under this section shall possess all the powers and privileges and may perform all duties of a member or officer of the Capitol Police.

    (b) The Capitol Police Board may promulgate regulations, as determined necessary, to carry out provisions of this section.

    (c) This section shall apply to fiscal year 2002 and each fiscal year thereafter.

    SEC. 806. (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 construction 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.

CHAPTER 9

MILITARY CONSTRUCTION

Military Construction, Defense-Wide

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Military Construction, Defense-wide', $475,000,000 to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

GENERAL PROVISIONS, THIS CHAPTER

    SEC. 901. (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 construction 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.

    (b) NOTICE TO CONGRESS- Not later than 15 days before obligating amounts available under subsection (a) for military construction projects referred to in that subsection the Secretary shall notify the appropriate committees of Congress the following:

      (1) The determination to use such amounts for the project.

      (2) The estimated cost of the project.

    (c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section the term `appropriate committees of Congress' has the meaning given that term in section 2801 (4) of title 10, United States Code.

    SEC. 902. If in exercising the authority in section 2808 of title 10, United States Code, to carry out military construction projects not authorized by law, the Secretary of Defense utilizes, whether in whole or in part, funds appropriated but not yet obligated for a military construction project previously authorized by law, the Secretary may carry out such military construction project previously authorized by law using amounts appropriated by the 2001 Emergency Supplemental Appropriations Act for Recovery from and Response to Terrorist Attacks on the United States (Public Law 107-38; 115 Stat. 220), or any other appropriations Act to provide funds for the recovery from and response to the terrorist attacks on the United States that is enacted after the date of the enactment of this Act, and available for obligation.

CHAPTER 10

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

SALARIES AND EXPENSES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', for the Office of Intelligence and Security, $1,500,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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, $57,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38: Provided, That it is the sense of the Senate that funds provided under this paragraph shall be used to provide subsidized service at a rate of not less than three flights per day for eligible communities with significant enplanement levels that enjoyed said rate of service, with or without subsidy, prior to September 11, 2001.

Coast Guard

OPERATING EXPENSES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Operating Expenses', $285,350,000, to remain available until September 30, 2003, to be obligated from amounts made available in Public Law 107-38.

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', $251,000,000, 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.

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 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, $200,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended, to be obligated from amounts made available in Public Law 107-38

Federal Highway Administration

MISCELLANEOUS APPROPRIATIONS

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Miscellaneous Appropriations', including the operation and construction of ferrys and ferry facilities, $110,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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 `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 AND 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 Corporation 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 GRANTS

    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 INVESTMENT 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 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.

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', $6,000,000, 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', $2,000,000, to remain available until expended, 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', $836,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

GENERAL PROVISIONS, THIS CHAPTER

    SEC. 1001. 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 deployment 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 competitively awarded for the deployment of the system in the follow-on deployment areas under 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 deployment of the system under the contract, then, upon application by any of the other follow-on deployment areas that have committed by that date to participate in the deployment of the system, the Secretary shall supplement the funds made available for any of the follow-on deployment 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).';

      (4) 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 Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Providence, Salt Lake, San Diego, San Francisco, St. Louis, Seattle, Tampa, and Washington, District of Columbia.'; and

      (5) in subparagraph (D), as redesignated by paragraph (1), by striking `subparagraph (D)' and inserting `subparagraph (F)'.

    SEC. 1002. No appropriated funds or revenues generated by the National Railroad Passenger Corporation may be used to implement section 204(c)(2) of Public Law 105-134 until the Congress has enacted an Amtrak reauthorization Act.

CHAPTER 11

DEPARTMENT OF THE 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.

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', $22,846,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

Financial Management Service

SALARIES AND EXPENSES

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Salaries and Expenses', $600,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

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.

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', $292,603,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38; of this amount, not less than $140,000,000 shall be available for increased staffing to combat terrorism along the Nation's borders, of which $10,000,000 shall be available for hiring inspectors along the Southwest border; not less than $15,000,000 shall be available for seaport security; and not less than $30,000,000 shall be available for the procurement and deployment of non-intrusive and counterterrorism inspection technology, equipment and infrastructure improvements to combat terrorism at the land and sea border ports of entry.

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', $16,658,000, 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.

United States Secret Service

SALARIES AND 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.

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.

POSTAL SERVICE

Payment to the Postal Service Fund

    For emergency expenses to the Postal Service Fund to enable the Postal Service to build and establish a system for sanitizing and screening mail matter, to protect postal employees and postal customers from exposure to biohazardous material, 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, $600,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38: Provided, That the Postal Service is authorized to review rates for product delivery and minimum qualifications for eligible service providers under section 5402 of title 39, and to recommend new rates and qualifications to reduce expenditures without reducing service levels.

INDEPENDENT AGENCIES

General Services Administration

REAL PROPERTY ACTIVITIES

FEDERAL BUILDING FUND

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Federal Buildings Fund', $126,500,000, 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', $4,818,000, 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 Restoration', $2,180,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

GENERAL PROVISION, THIS CHAPTER

    SEC. 1101. None of the funds appropriated by this Act or any other Act may be used after June 30, 2002 for the operation of any federally owned building if determined to be appropriate by the Administrator of the General Services Administration, or to enter into any lease or lease renewal with any person for office space for a Federal agency in any other building, unless such operation, lease, or lease renewal is in compliance with a regulation or Executive Order issued after the date of enactment of this section that requires redundant and physically separate entry points to such buildings, and the use of physically diverse local network facilities, for the provision of telecommunications services to Federal agencies in such buildings.

CHAPTER 12

DEPARTMENT OF VETERANS AFFAIRS

CONSTRUCTION, MAJOR PROJECTS

    For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States, for `Construction, Major Projects', $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 within 45 days of enactment, the State of New York, in conjunction with the City of New York, shall establish a corporation for the obligation of the funds provided under this heading, issue the initial criteria and requirements necessary to accept applications from individuals, nonprofits and small businesses for economic losses from the September 11, 2001, terrorist attacks, and begin processing such applications: Provided further, That the corporation shall respond to any application from an individual, nonprofit or small business for economic losses under this heading within 45 days of the submission of an application for funding: Provided further, That individuals, nonprofits or small businesses shall be eligible for compensation only if located in New York City in the area located on or south of Canal Street, on or south of East Broadway (east of its intersection with Canal Street), or on or south of Grand Street (east of its intersection with East Broadway): Provided further, That, of the amount made available under this heading, 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.

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 General', $1,000,000, to remain available until expended, to be obligated from amounts made available in Public Law 107-38.

INDEPENDENT AGENCIES

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', $41,514,000, 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', $38,194,000, 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 Superfund', $41,292,000, to remain available until expended, to be obligated 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 obligated from amounts made available in Public Law 107-38.

Federal Emergency Management Agency

DISASTER RELIEF

    For disaster recovery activities and assistance related to the terrorist attacks in New York, Virginia, and Pennsylvania on September 11, 2001, for `Disaster Relief', $5,824,344,000, 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', $20,000,000, to remain available until expended, for the Office of National Preparedness, to be obligated from amounts made available in Public Law 107-38.

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 and to support activities related to countering terrorism, for `Emergency Management Planning and Assistance', $290,000,000, to remain available until September 30, 2003, for programs as authorized by section 33 of the Federal Fire Prevention and Control Act of 1974, as amended (15 U.S.C. 2201 et seq.), 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', $64,500,000, 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', $28,600,000, to remain available until expended, 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 obligated from amounts made available in Public Law 107-38.

GENERAL PROVISIONS, THIS CHAPTER

    SEC. 1201. UNITY IN THE SPIRIT OF AMERICA. (a) SHORT TITLE- This section may be cited as the `Unity in the Spirit of America Act' or the `USA Act'.

    (b) PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS- The National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended by inserting before title V the following:

`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 December 1, 2001, 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 requirements of subsection (d). The Foundation shall name each identified project in honor of a victim described in subsection (b)(1)(A), after obtaining the permission of an appropriate member of the victim'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 organization (which may be a religious organization, such as a Christian, Jewish, or Muslim 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

      `(2) that will be planned, or for which implementation will begin, within a reasonable period after the date of enactment of the Unity in Service to 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. 1202. Within funds previously appropriated as authorized under the Native American Housing and Self Determination Act of 1996 (Pub. L. 104-330, Sec. 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.

CHAPTER 13

GENERAL PROVISIONS, THIS DIVISION

    SEC. 1301. Amounts which may be obligated pursuant to this division are subject to the terms and conditions provided in Public Law 107-38.

    SEC. 1302. No part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

    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 by striking subparagraph (A) and inserting the following:

        `(A) for the discretionary category: $681,441,000,000 in new budget authority and $670,447,000,000 in outlays;'.

    (b) REVISED AGGREGATES AND ALLOCATIONS- Upon the enactment 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 Congressional 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 conference report on that concurrent resolution, to the extent necessary 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 discretionary 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 0.2 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.

DIVISION D--TECHNICAL CORRECTIONS

    SEC. 101. Title VI of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (Public Law 107-76) is amended under the heading `Food and Drug Administration, Salaries and Expenses' by striking `$13,207,000' and inserting `$13,357,000'.

    SEC. 102. Title IV of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law 107-77) is amended in the third proviso of the first undesignated paragraph under the heading `Diplomatic and Consular Programs' by striking `this heading' and inserting `the appropriations accounts within the Administration of Foreign Affairs'.

    SEC. 103. Title V of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law 107-77) is amended in the proviso under the heading `Commission on Ocean Policy' by striking `appointment' and inserting `the first meeting of the Commission'.

    SEC. 104. Section 612 of Public Law 107-77 is amended by striking `June 30, 2002' and inserting `April 1, 2002'.

    SEC. 105. Section 626(c) of the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law 107-77) is amended by striking `1:00CV03110(ESG)' and inserting `1:00CV03110(EGS)'.

    SEC. 106. JICARILLA, NEW MEXICO, MUNICIPAL WATER SYSTEM. Public Law 107-66 is amended--

      (1) under the heading of `Title I, Department of Defense--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 Engineers, 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 Interior, Bureau of Reclamation, Water and Related Resources, (Including the Transfer of Funds)'--

        (A) 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. 107. (a) Public Law 107-68 is amended by adding at the end the following:

    `This Act may be cited as the `Legislative Branch Appropriations Act, 2002'.'.

    (b) The amendment made by subsection (a) shall take effect as if included in the enactment of Public Law 107-68.

    SEC. 108. Section 102 of the Legislative Branch Appropriations Act, 2002 (Public Law 107-68) is amended--

      (1) in subsection (a), by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively;

      (2) in subsection (g)(1)--

        (A) in subparagraph (A), by striking `subsection (i)(1)(A)' and inserting `subsection (h)(1)(A)'; and

        (B) in subparagraph (B), by striking `subsection (i)(1)(B)' and inserting `subsection (h)(1)(B)'.

    SEC. 109. (a) Section 209 of the Legislative Branch Appropriations 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 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 provider 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 Appropriations Act, 2002 (Public Law 107-68).

    SEC. 110. (a) Section 133(a) of the Legislative Branch Appropriations Act, 2001 (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 Appropriations Act, 2001 (Public Law 107-68).

    SEC. 111. (a) Notwithstanding any other provision of law, of the funds authorized under section 110 of title 23, United States Code, for fiscal year 2002, $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.

    SEC. 112. Notwithstanding any other provision of law, of the amounts appropriated for 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 September 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. 113. 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. 114. Of the funds made available in H.R. 2299, the Fiscal Year 2002 Department of Transportation and Related Agencies Appropriations Act, of funds made available for the Transportation and Community and System Preservation Program, $300,000 shall be for the US-61 Woodville widening project in Mississippi and, of funds made available for the Interstate Maintenance program, $5,000,000 shall be for the City of Renton/Port Quendall, WA project.

    SEC. 115. Section 652(c)(1) of Public Law 107-67 is amended by striking `Section 414(c)' and inserting `Section 416(c)'.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

PUBLIC AND INDIAN HOUSING

HOUSING CERTIFICATE FUND

    SEC. 116. Of the amounts made available under both this heading and the heading `Salaries and Expenses' in title II of Public Law 107-73, not to exceed $20,000,000 shall be for the recordation and liquidation of obligations and deficiencies incurred in prior years in connection with the provision of technical assistance authorized under section 514 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (`section 514'), and for new obligations for such technical assistance: Provided, That of the total amount provided under this heading, not less than $2,000,000 shall be made available from salaries and expenses allocated to the Office of General Counsel and the Office of Multifamily Housing Assistance Restructuring in the Department of Housing and Urban Development: Provided further, That of the total amount provided under this heading, 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 heading, the Inspector General of the Department of Housing and Urban Development (`HUD Inspector General') shall audit each provision of technical assistance obligated under the requirements 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 four years to any entity (or any subsequent entity comprised of significantly 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 under section 514 shall be available for carryover from any previous year: Provided further, That the Secretary shall implement the provisions under this heading in a manner that does not accelerate outlays.

DIVISION E--MISCELLANEOUS PROVISIONS

TITLE I--HOMESTAKE MINE CONVEYANCE

SEC. 101. SHORT TITLE.

    This title may be cited as the `Homestake Mine Conveyance Act of 2001'.

SEC. 102. FINDINGS.

    Congress finds that--

      (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 important benefits;

      (3) the Homestake Mine in Lead, South Dakota, owned by the Homestake Mining Company of California, is approximately 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 Underground Science Laboratory Committee, an independent panel of distinguished scientists, as the preferred site for the construction 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 operations 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 Underground 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;

      (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; and

      (13) to secure the use of the Mine as the location for the laboratory, and to realize the benefits of the proposed laboratory, 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 operation 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 corporation or other person that controls, is controlled by, or is under common control with Homestake.

        (B) INCLUSIONS- The term `affiliate' 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 operating and support facilities of the laboratory.

      (9) MINE-

        (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 establishment 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, fixtures, 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, association, 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 1 or more projects that are carried out or proposed to be carried out at the laboratory.

      (12) SCIENTIFIC ADVISORY BOARD- The term `Scientific Advisory Board' means the entity designated in the management 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 institution, agency, officer, or employee of the State.

SEC. 104. 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 1 or more quit-claim 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.

    (b) REQUIREMENTS FOR CONVEYANCE-

      (1) IN GENERAL- As a condition precedent of conveyance and of the assumption of liability by the United States in accordance with this title, the Administrator shall accept the final report of the independent entity under paragraph (3).

      (2) DUE DILIGENCE INSPECTION-

        (A) IN GENERAL- As a condition precedent of conveyance 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 environment.

        (B) CONSULTATION- As a condition precedent of the conduct of a due diligence inspection, Homestake, the South Dakota Department of Environment and Natural Resources, the Administrator, and the independent entity shall consult and agree upon 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.

      (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 inspection 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;

            (III) 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 1 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 independent entity shall respond to, and incorporate necessary changes suggested by, the comments received on the draft report.

      (4) REVIEW AND APPROVAL BY ADMINISTRATOR-

        (A) IN GENERAL- Not later than 60 days after receiving the final report under paragraph (3), the Administrator shall--

          (i) review the report; and

          (ii) notify the State in writing of acceptance or rejection of the final report.

        (B) CONDITIONS FOR REJECTION- The Administrator may reject the final report only if the Administrator identifies 1 or more conditions of the Mine that--

          (i) may present an imminent and substantial endangerment to the public health or the environment, as determined by the Administrator; and

          (ii) require response action to correct each condition that may present an imminent and substantial endangerment to the public health or the environment identified under clause (i) before conveyance and assumption by the Federal Government of liability concerning the Mine under this title.

        (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 subparagraph (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

            (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 Administrator that the conditions for rejection identified by the Administrator under subparagraph (B) have been corrected.

            (II) ACCEPTANCE OR REJECTION OF CERTIFICATION- Not later than 60 days after an independent entity makes a certification under subclause (I), the Administrator shall accept or reject the certification.

    (c) REVIEW OF CONVEYANCE- For the purposes of the conveyance, the requirements of this section shall be considered to be sufficient to meet any requirement of the National Environmental Policy 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 include the estimated cost, as determined by the independent entity under subsection (a), 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.

    (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 LIABILITY-

      (1) ASSUMPTION- Subject to paragraph (2), notwithstanding 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 Environmental 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--

        (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; 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. 1251 et seq.);

          (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 environment), 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 laboratory, 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, and 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 Act, the United States waives any claim to sovereign immunity.

    (e) TIMING FOR ASSUMPTION OF LIABILITY- If the conveyance is effectuated by more than 1 legal transaction, the assumption of liability, liability protection, indemnification, and waiver of sovereign 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 HOMESTAKE 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;

      (2) any claim or cause of action that arose before the date of conveyance, other than an environmental claim or a claim concerning natural resources;

      (3) any violation of any provision of criminal law; or

      (4) 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 arises out of the continued existence or use of 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 insurance 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 paragraph (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 purchase 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 laboratory.

        (B) NO REQUIREMENT TO USE STATE FUNDS- Nothing in this title requires the State to use State funds to purchase insurance required under this subsection.

      (4) ADDITIONAL INSURED- Any insurance purchased by the State under this subsection shall--

        (A) name the United States as an additional insured; or

        (B) otherwise provide that the United States is a beneficiary of the insurance policy having the primary right to enforce all rights of the United States under the policy.

      (5) TERMINATION OF OBLIGATION TO PURCHASE INSURANCE- 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. 108. 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 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 subsection (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 conducting 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 1 or more payments from the Fund.

    (e) NO REQUIREMENT OF 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 if--

      (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 disposed of by Homestake before the date of conveyance.

SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.

    After the conveyance, nothing in this title exempts the laboratory from compliance with any law (including a Federal environmental law).

SEC. 111. CONTINGENCY.

    This title shall be effective contingent on the selection, by the National Science Foundation, of the Mine as the site for the laboratory.

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 reclamation 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. CUSTOMS USER FEES.

    Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by inserting after `September 30, 2003,' the following: `except that fees shall continue to be charged under paragraphs (1) through (8) of that subsection through January 31, 2004.'.

SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary to carry out this title.

TITLE II--GENERAL PROVISIONS, 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 following:

      `(1) IN GENERAL- There is'; and

      (2) by striking the second sentence and inserting the following:

      `(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) 3 additional Members of the House of Representatives 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) 3 additional Members of the Senate appointed by the President of the Senate; and

        `(L) 36 general trustees, who shall be citizens of the United States, to be appointed in accordance with subsection (b).'.

    (b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES- Section 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 amendment 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--

      (1) commence on the date on which the new general trustee is appointed by the President; and

      (2) terminate on September 1, 2007.

    SEC. 202. (a) The purpose of this section is to require procedures that ensure the fair and equitable resolution of labor integration issues, in order to prevent further disruption to transactions for the combination of air carriers, which would potentially aggravate the disruption caused by the attack on the United States on September 11, 2001.

    (b) In this section:

      (1) The term `air carrier' means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code.

      (2) The term `covered employee' means an employee who--

        (A) is not a temporary employee; and

        (B) is a member of a craft or class that is subject to the Railway Labor Act (45 U.S.C. 151 et seq.).

      (3) The term `covered transaction' means a transaction that--

        (A) is a transaction for the combination of multiple air carriers into a single air carrier;

        (B) involves the transfer of ownership or control of--

          (i) 50 percent or more of the equity securities (as defined in section 101 of title 11, United States Code) of an air carrier; or

          (ii) 50 percent or more (by value) of the assets of the air carrier;

        (C) became a pending transaction, or was completed, not earlier than January 1, 2001; and

        (D) did not result in the creation of a single air carrier by September 11, 2001.

    (c) If an eligible employee is a covered employee of an air carrier involved in a covered transaction that leads to the combination of crafts or classes that are subject to the Railway Labor Act, the eligible employee may receive assistance under this title only if the parties to the transaction--

      (1) apply sections 3 and 13 of the labor protective provisions imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as published at 59 CAB 45) to the covered employees of the air carrier; and

      (2) subject to paragraph (1), in a case in which a collective bargaining agreement provides for the application of sections 3 and 13 of the labor protective provisions in the process of seniority integration for the covered employees, apply the terms of the collective bargaining agreement to the covered employees, and do not abrogate the terms of the agreement.

    (d) Any aggrieved person (including any labor organization that represents the person) may bring an action to enforce this section, or the terms of any award or agreement resulting from arbitration or a settlement relating to the requirements of this section. The person may bring the action in an appropriate Federal district court, determined in accordance with section 1391 of title 28, United States Code, without regard to the amount in controversy.

Attest:

Secretary.

107th CONGRESS

1st Session

H. R. 3338

AMENDMENT

END


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