2000
[DOCID: f:h3338rfs.txt]
107th CONGRESS
1st Session
H. R. 3338
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 29, 2001
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
AN ACT
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2002, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002
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),
and to the Department of Defense Military Retirement Fund,
$23,336,884,000.
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),
and to the Department of Defense Military Retirement Fund,
$19,574,184,000.
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), and to the Department of
Defense Military Retirement Fund, $7,343,640,000.
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), and to the Department of Defense Military Retirement Fund,
$19,784,614,000.
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,
$2,629,197,000.
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, $1,644,823,000.
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,
$466,800,000.
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, $1,055,160,000.
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,
$4,004,335,000.
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,
$1,777,654,000.
2000
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law; and not to
exceed $10,794,000 can be used for emergencies and 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, $21,021,944,000: Provided, That of
the funds made available under this heading, $1,000,000, to remain
available until expended, shall be transferred to ``National Park
Service--Construction'' within 30 days of the enactment of this Act,
only for necessary infrastructure repair improvements at Fort Baker,
under the management of the Golden Gate Recreation Area: Provided
further, That of the funds appropriated in this paragraph, not less
than $355,000,000 shall be made available only for conventional
ammunition care and maintenance.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps, as
authorized by law; and not to exceed $6,000,000 can be used for
emergencies and extraordinary expenses, to be expended on the approval
or authority of the Secretary of the Navy, and payments may be made on
his certificate of necessity for confidential military purposes,
$26,628,075,000.
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,
$2,939,434,000.
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, $25,842,968,000:
Provided, That notwithstanding any other provision of law, that of the
funds available under this heading, $750,000 shall only be available to
the Secretary of the Air Force for a grant to Florida Memorial College
for the purpose of funding minority aviation training.
Operation and Maintenance, Defense-Wide
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$12,122,590,000, of which not to exceed $25,000,000 may be available
for the CINC initiative fund account; and of which not to exceed
$33,500,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military purposes: Provided, That notwithstanding any
other provision of law, of the funds provided in this Act for Civil
Military programs under this heading, $750,000 shall be available for a
grant for Outdoor Odyssey, Roaring Run, Pennsylvania, to support the
Youth Development and Leadership program and Department of Defense
STARBASE program: Provided further, That of the funds made available in
this paragraph, $1,500,000 shall be available only for continuation of
the Middle East Regional Security Issues program: Provided further,
That none of the funds appropriated or otherwise made available by this
Act may be used to plan or implement the consolidation of a budget or
appropriations liaison office of the Office of the Secretary of
Defense, the office of the Secretary of a military department, or the
service headquarters of one of the Armed Forces into a legislative
affairs or legislative liaison office.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,788,546,000.
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, $2,029,866,000.
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), $3,723,759,000.
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,
$3,972,161,000.
Overseas Contingency Operations Transfer Fund
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations
by United States military forces, $2,744,226,000, to remain available
until expended: Provided, That the Secretary of
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Defense may transfer
these funds only to military personnel accounts; operation and
maintenance accounts within this title; the Defense Health Program
appropriation; procurement accounts; research, development, test and
evaluation accounts; and to working capital funds: Provided further,
That the funds transferred shall be merged with and shall be available
for the same purposes and for the same time period, as the
appropriation to which transferred: 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 in this paragraph is in
addition to any other transfer authority contained elsewhere in this
Act.
United States Court of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $9,096,000, of which not to exceed $2,500
can be used for official representation purposes.
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, $190,255,000, 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), $49,700,000, to remain available until
September 30, 2003.
Support for International Sporting Competitions, Defense
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only for
members of the Reserve Components of the Armed Forces of the United
States called or ordered to active duty in connection with providing
such support), $15,800,000, to remain available until expended.
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, $1,974,241,000, 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
pri
2000
vate plants; reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the foregoing
purposes, $1,057,409,000, 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,
$2,252,669,000, 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, $1,211,615,000, 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,
$4,103,036,000, 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, $8,084,543,000, to remain available for obligation
until September 30, 2004.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway, $1,429,492,000, 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, $492,599,000, 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), $549,440,000;
Virginia Class Submarine, $1,578,914,000;
Virginia Class Submarine (AP), $684,288,000;
CVN Refueling Overhauls, $1,175,124,000;
CVN Refueling Overhauls (AP), $73,707,000;
Submarine Refueling Overhauls, $382,265,000;
Submarine Refueling Overhauls (AP), $77,750,000;
DDG-51, $3,786,036,000;
LPD-17 (AP), $286,330,000;
ADC(X), $370,818,000;
Outfitting, $297,230,000;
LCAC SLEP, $46,091,000;
Completion of Prior Year Ship Building Programs,
$680,000,000;
Mine Hunter SWATH, $2,000,000;
Yard Oilers, $6,000,000;
In all: $10,134,883,000, 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 35 passenger motor vehicles
for replacement only; and the purchase of 2 vehicles required for
physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $230,000 per
vehicle; expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may be
acquired,
2000
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, $4,290,776,000, 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, $1,028,662,000, to remain available
for obligation until September 30, 2004.
Aircraft Procurement, Air Force
For construction, procurement, 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, $10,549,798,000, 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,
$2,918,118,000, to remain available for obligation until September 30,
2004.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes, $866,844,000, 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 3
vehicles required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to exceed
$230,000 per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted
thereon, prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $7,856,671,000, to remain available
for obligation until September 30, 2004.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of not to exceed 65 passenger motor vehicles for replacement
only; the purchase of 4 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to passenger
vehicles but not to exceed $250,000 per vehicle; 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,
$1,387,283,000, 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), $50,000,000, to remain available
until expended.
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, $501,485,000, 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: Provided
further, That of the funds appropriated under this heading,
$131,176,000 shall be available only for the procurement of eight UH-60
helicopters for the Army Reserve, and $226,909,000 shall be available
only for the procurement of C-130J aircraft to be used solely for
western states firefighting.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,115,438,000, 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,
$10,896,307,000, to remain available for obligation until September 30,
2003.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$14,884,058,000, 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 fo
2000
r 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, $6,949,098,000, 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, $245,355,000, 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, $1,524,986,000: 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), and for the necessary expenses to maintain and
preserve a U.S.-flag merchant fleet to serve the national security
needs of the United States, $412,708,000, 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,
$18,277,403,000, of which $17,574,750,000 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 $434,738,000, to remain available for obligation until September
30, 2003, shall be for Research, development, test and evaluation, and
of which $20,000,000 shall be available for HIV prevention educational
activities undertaken in connection with U.S. military training,
exercises, and humanitarian assistance activities conducted in African
nations.
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,093,057,000, of which $728,520,000 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 $200,379,000 shall be for Research,
development, test and evaluation to remain available until September
30, 2003: Provided, That of the funds available under this heading,
$1,000,000 shall be available until expended each year only for a
Johnston Atoll off-island leave program: Provided further, That the
Secretaries concerned shall, pursuant to uniform regulations, prescribe
travel and transportation allowances for travel by participants in the
off-island leave program.
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, $827,381,000: 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 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 Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $212,000,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $144,929,000, 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,
$34,100,000 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
E
2000
nvironmental Restoration Fund, as authorized by law, $25,000,000, 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
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
$2,500,000,000 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.
(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 a C-17
multiyear procurement contract.
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 as
of September 30 of each year: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99-239: Provided further, That upon a determination by
the Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.
Sec. 8010.
2000
(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 2003 Department of Defense budget request
shall be prepared and submitted to the Congress as if subsections (a)
and (b) of this provision were effective with regard to fiscal year
2003.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this
workyear limitation.
Sec. 8012. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8013. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits 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 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 2003 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property maintenance
or base operating costs that shall be funded by the host nation through
such credits: Provided further, That all military construction projects
to be executed from such accounts must be previously approved in a
prior Act of
2000
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, 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. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such
action would reduce the WC-130 Weather Reconnaissance mission below the
levels funded in this Act.
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
$21,417,000 shall be available for the Civil Air Patrol Corporation, of
which $19,417,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which
includes $2,000,000 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 expens
2000
es 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
6,477 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.
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 2002. Such report shall separately indicate the dollar
value of items for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade Agreement Act
of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to
which the United States is a party.
(c) For purposes of this section, the term ``Buy American Act''
means title III of the Act entitled ``An Act making appropriations for
the Treasury and Post Office Departments for the fiscal year ending
June 30, 1934, and for other purposes'', approved March 3, 1933 (41
U.S.C. 10a et seq.).
Sec. 8037. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
(including transfer of funds)
Sec. 8038. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the
special account established under 10 U.S.C. 2667(d)(1) are 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 President shall include with each budget for a
fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the defense agencies.
Sec. 8040. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.
(including transfer of funds)
Sec. 8041. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act: Provided, That none of the funds made available
for expenditure under this section may be transferred or obligated
until 30 days after the Secretary of Defense submits a report which
details the balance available in the Overseas Military Facility
Investment Recovery Account, all projected income into the account
during fiscal years 2002 and 2003, and the specific expenditures to be
made using funds transferred from this account during fiscal year 2002.
Sec. 8042. Of the funds appropriated or otherwise made available by
this Act, not more than $119,200,000 shall be available for payment of
the operating costs of NATO Headquarters: Provided, That the Secretary
of Defense may waive this section for Department of Defense support
provided to NATO forces in and around the former Yugoslavia.
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 hav
2000
ing an investment item unit cost of
not more than $100,000: Provided, That the $100,000 limitation shall
not apply to amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for expenses related to
certain classified activities.
Sec. 8044. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense 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: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for agent operations (regional operations), and for
covert action programs authorized by the President under section 503 of
the National Security Act of 1947, as amended, shall remain available
until September 30, 2003.
Sec. 8046. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of 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 to the Department of Defense
under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental 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 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).
Sec. 8049. None of the funds appropriated in this Act may be used
to fill the commander's position at any military medical facility with
a health care professional unless the prospective candidate can
demonstrate professional administrative skills.
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. 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) during fiscal
year 2002 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2002.
Sec. 8054. Notwithstanding section 303 of Public
2000
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 from the
following accounts and programs in the specified amounts:
``Former Soviet Union Threat Reduction, 2000/2002'',
$32,000,000;
``Other Procurement, Navy, 2000/2002'', $16,300,000;
``Aircraft Procurement, Air Force, 2000/2002'', $8,500,000;
``Other Procurement, Air Force, 2000/2002'', $20,000,000;
``Former Soviet Union Threat Reduction, 2001/2003'',
$32,000,000;
``Aircraft Procurement, Army, 2001/2003'', $22,000,000;
``Procurement of Ammunition, Army, 2001/2003'',
$27,400,000;
``Other Procurement, Army, 2001/2003'', $28,745,000;
``Aircraft Procurement, Navy, 2001/2003'', $8,600,000;
``Weapons Procurement, Navy, 2001/2003'', $35,000,000;
``Other Procurement, Navy, 2001/2003'', $14,600,000;
``Procurement, Marine Corps, 2001/2003'', $1,000,000;
``Aircraft Procurement, Air Force, 2001/2003'',
$19,300,000;
``Procurement of Ammunition, Air Force, 2001/2003'',
$5,800,000;
``Other Procurement, Air Force, 2001/2003'', $16,800,000;
``Research, Development, Test and Evaluation, Army, 2001/
2002'', $16,300,000;
``Research, Development, Test and Evaluation, Navy, 2001/
2002'', $58,800,000;
``Research, Development, Test and Evaluation, Air Force,
2001/2002'', $74,433,000; and
``Defense Health Program, 2001/2002'', $4,000,000.
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. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2001 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8061. (a) Limitation on Pentagon Renovation Costs.--Not later
than the date each year on which the President submits to Congress the
budget under section 1105 of title 31, United States Code, the
Secretary of Defense shall submit to Congress a certification that the
total cost for the planning, design, construction, and installation of
equipment for the renovation of wedges 2 through 5 of the Pentagon
Reservation, cumulatively, will not exceed four times the total cost
for the planning, design, construction, and installation of equipment
for the renovation of wedge 1.
(b) Annual Adjustment.--For purposes of applying the limitation in
subsection (a), the Secretary shall adjust the cost for the renovation
of wedge 1 by any increase or decrease in costs attributable to
economic inflation, based on the most recent economic assumptions
issued by the Office of Management and Budget for use in preparation of
the budget of the United States under section 1104 of title 31, United
States Code.
(c) Exclusion of Certain Costs.--For purposes of calculating the
limitation in subsection (a), the total cost for wedges 2 through 5
shall not include--
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on
September 11, 2001;
(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of Federal,
State, or local laws; and
(3) any increase in costs attributable to additional
security requirements that the Secretary of Defense considers
essential to provide a safe and secure working environment.
(d) Certification Cost Reports.--As part of the annual
certification under subsection (a), the Secretary shall report the
projected cost (as of the time of the certification) for--
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that occurred
on September 11, 2001.
(e) Duration of Certification Requirement.--The requirement to make
an annual certification under subsection (a) shall apply until the
Secretary certifies to Congress that the renovation of the Pentagon
Reservation is completed.
Sec. 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 Maintenan
2000
ce, 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 appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: 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. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
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.
(d) National Emergency of September 11, 2001.--The 15-day prior
notification period cited in subsection (a) shall not apply to any
covered activity, operation or operations initiated as a result of the
national emergency proclaimed by the President as a result of the
terrorist attacks of September 11, 2001. For fiscal year 2002, the
Department of Defense shall provide quarterly reports, in both
unclassified and classified form, to the congressional defense
committees, the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate,
of any transfers during the preceding quarter resulting from any
covered activities, operation or operations exempted from the 15-day
prior notification period by this subsection.
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 may be financed as part of a
loan guaranteed by the United States, provided that the exposure fee
with respect to such loan guarantee be fixed in an amount that is
sufficient to meet the potential liabilities of the United States under
the loan guarantee: 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
2000
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. None of the funds provided in title IX of this Act for
``Former Soviet Union Threat Reduction'' may be obligated or expended
to finance housing for any individual who was a member of the military
forces of the Soviet Union or for any individual who is or was a member
of the military forces of the Russian Federation.
(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, 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. The amount appropriated in this Act for ``Operation and
Maintenance, Navy'', is hereby reduced by $245,000,000 to reflect a
Nav
2000
y Working Capital Fund cash balance and rate stabilization
adjustment.
Sec. 8085. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by
$527,000,000, to reflect working capital fund fuel price re-estimates
and rate stabilization adjustments, to be derived as follows:
``Operation and Maintenance, Army'', $35,000,000;
``Operation and Maintenance, Navy'', $230,000,000;
``Operation and Maintenance, Marine Corps'', $6,000,000;
``Operation and Maintenance, Air Force'', $247,000,000; and
``Operation and Maintenance, Defense-Wide'', $9,000,000.
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; for
administrative costs, including the hiring of Civil Air Patrol
Corporation employees; for travel and per diem expenses of Civil Air
Patrol Corporation personnel in support of those missions; 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. Notwithstanding any other provision of law, the TRICARE
managed care support contracts in effect, or in final stages of
acquisition as of September 30, 2000, may be extended for 2 years:
Provided, That any such extension may only take place if the Secretary
of Defense determines that it is in the best interest of the
Government: Provided further, That any contract extension shall be
based on the price in the final best and final offer for the last year
of the existing contract as adjusted for inflation and other factors
mutually agreed to by the contractor and the Government: Provided
further, That notwithstanding any other provision of law, all future
TRICARE managed care support contracts replacing contracts in effect,
or in the final stages of acquisition as of September 30, 2001, may
include a base contract period for transition and up to seven 1-year
option periods.
Sec. 8090. None of the funds in this Act may be used to compensate
an employee of the Department of Defense who initiates a new start
program without notification to the Office of the Secretary of Defense,
the Office of Management and Budget, and the congressional defense
committees, as required by Department of Defense financial management
regulations.
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. The total amount appropriated in this Act is hereby
reduced by $200,000,000 to reflect savings from favorable foreign
currency fluctuations, to be derived as follows:
``Military Personnel, Army'', $30,800,000;
``Military Personnel, Navy'', $600,000;
``Military Personnel, Marine Corps'', $7,800,000;
``Military Personnel, Air Force'', $15,400,000;
``Reserve Personnel, Air Force'', $8,400,000;
``National Guard Personnel, Army'', $2,200,000;
``Operation and Maintenance, Army'', $68,600,000;
``Operation and Maintenance, Navy'', $14,400,000;
``Operation and Maintenance, Marine Corps'', $1,000,000;
``Operation and Maintenance, Air Force'', $26,400,000;
``Operation and Maintenance, Defense-Wide'', $23,000,000;
and
``Operation and Maintenance, Air Force Reserve'',
$1,400,000.
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. The budget of the President for fis
2000
cal year 2003
submitted to the Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
separate budget justification documents for costs of United States
Armed Forces' participation in contingency operations for the Military
Personnel accounts, the Overseas Contingency Operations Transfer Fund,
the Operation and Maintenance accounts, and the Procurement accounts:
Provided, That these budget justification documents shall include a
description of the funding requested for each anticipated contingency
operation, for each military service, to include active duty and Guard
and Reserve components, and for each appropriation account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for ongoing contingency operations, and programmatic data
including, but not limited to troop strength for each active duty and
Guard and Reserve component, and estimates of the major weapons systems
deployed in support of each contingency: Provided further, That these
documents shall include budget exhibits OP-5 and OP-32, as defined in
the Department of Defense Financial Management Regulation, for the
Overseas Contingency Operations Transfer Fund for fiscal years 2001 and
2002.
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 of law, for the
purpose of establishing all Department of Defense policies governing
the provision of care provided by and financed under the military
health care system's case management program under 10 U.S.C.
1079(a)(17), the term ``custodial care'' shall be defined as care
designed essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision of trained
medical, nursing, paramedical or other specially trained individuals:
Provided, That the case management program shall provide that members
and retired members of the military services, and their dependents and
survivors, have access to all medically necessary health care through
the health care delivery system of the military services regardless of
the health care status of the person seeking the health care: Provided
further, That the case management program shall be the primary obligor
for payment of medically necessary services and shall not be considered
as secondarily liable to title XIX of the Social Security Act, other
welfare programs or charity based care.
Sec. 8099. (a) During the current fiscal year, any refund described
in subsection (b) may be credited to the operation and maintenance
account of the Department of Defense that is current when the refund is
received and that is available for the same purposes as the account
originally charged.
(b) Subsection (a) applies to the following:
(1) Any refund attributable to the use of a Government
travel card by a member of the Armed Forces or a civilian
employee of the Department of Defense.
(2) Any refund attributable to the use of a Government
Purchase card by a member of the Armed Forces or a civilian
employee of the Department of Defense.
(3) Any refund attributable to official Government travel
by a member of the Armed Forces or a civilian employee of the
Department of Defense that is arranged by a Government
Contracted Travel Management Center.
Sec. 8100. (a) Registering Financial Management 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 financial management information technology system
(including a system funded by the defense working capital fund) that is
not registered with the Chief Information Officer of the Department of
Defense. A system shall be considered to be registered with that
officer upon the furnishing to that officer of notice of the system,
together with such information concerning the system as the Secretary
of Defense may prescribe. A financial management information technology
system shall be considered a mission critical or mission essential
information technology system as defined by the Under Secretary of
Defense (Comptroller).
(b) Certifications as to Compliance With Financial Management
Modernization Plan.--(1) During the current fiscal year, a financial
management major automated information system may not receive Milestone
I approval, Milestone II approval, or Milestone III approval, or their
equivalent, within the Department of Defense until the Under Secretary
of Defense (Comptroller) certifies, with respect to that milestone,
that the system is being developed in accordance with the Department's
Financial Management Modernization Plan. The Under Secretary of Defense
(Comptroller) 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).
(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 demilitarizatio
2000
n 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: Provided, That not later than April 1, 2002,
the Secretary of Defense shall submit to the congressional defense
committees a report regarding the training of foreign personnel
conducted under this authority during the preceding fiscal year for
which expenses were paid under the section: Provided further, That the
report shall specify the countries in which the training was conducted,
the type of training conducted, and the foreign personnel trained.
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 under
authority of this section is in addition to any grant provided for
under any other provision of law.
Sec. 8108. Of the amounts appropriated in the Act under the
heading, ``Research, Development, Test and Evaluation, Ballistic
Missile Defense Organization'', $34,000,000 may 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 Defence 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. The Ballistic Missile Defense Organization and its
subordinate offices and associated contractors, including the Lead
Systems Integrator, shall notify the congressional defense committees
15 days prior to issuing any type of information or proposal
solicitation for the Ground Based Midcourse Defense Segment with a
potential annual contract value greater than $5,000,000 or a total
contract value greater than $30,000,000.
Sec. 8112. None of the funds appropriated in this Act under the
heading ``Overseas Contingency Operations Transfer Fund'' may be
transferred or obligated for Department of Defense expenses not
directly related to the conduct of overseas contingencies: Provided,
That the Secretary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the Committees on
Appropriations of the Senate and House of Representatives that details
any transfer of funds from the ``Overseas Contingency Operations
Transfer Fund'': Provided further, That the report shall explain any
transfer for the maintenance of real property, pay of civilian
personnel, base operations support, and weapon, vehicle or equipment
maintenance.
Sec. 8113. The Secretary of Defense may treat the opening of the
Pacific Wing of the National D-Day Museum in New Orleans, Louisiana, as
an official event of the Department of Defense for the purposes of the
provision of support for ceremonies and activities related to that
opening.
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. In addition to amounts provided in this Act, $2,000,000
is hereby appropriated for ``Defense Health Program'', to remain
available for obligation until expended: Provided, That notwithstanding
any other provision of law, these funds shall be available only for a
grant to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family me
2000
mbers when confronted with the illness or
hospitalization of an eligible military beneficiary.
(including transfer of funds)
Sec. 8116. In addition to the amounts appropriated elsewhere in
this Act, $2,000,000, to remain available until expended, is hereby
appropriated to the Department of Defense: Provided, That not later
than 30 days after the enactment of this Act, the Secretary of Defense
shall transfer these funds to the Department of Energy appropriation
account ``Fossil Energy Research and Development'', only for a proposed
conceptual design study to examine the feasibility of a zero emissions,
steam injection process with possible applications for increased power
generation efficiency, enhanced oil recovery and carbon sequestration.
Sec. 8117. The total amount appropriated in this Act is reduced by
$955,000,000, for efficiencies in the contractor work force, to be
derived as follows:
``Operation and Maintenance, Army'', $269,500,000;
``Operation and Maintenance, Navy'', $157,200,000;
``Operation and Maintenance, Marine Corps'', $23,900,000;
``Operation and Maintenance, Air Force'', $180,200,000;
``Operation and Maintenance, Defense-Wide'', $103,700,000;
``Operation and Maintenance, Army Reserve'', $23,200,000;
``Operation and Maintenance, Navy Reserve'', $3,300,000;
``Operation and Maintenance, Air Force Reserve'',
$31,200,000;
``Operation and Maintenance, Army National Guard'',
$53,600,000;
``Operation and Maintenance, Air National Guard'',
$52,500,000;
``Research, Development, Test and Evaluation, Army'',
$35,300,000;
``Research, Development, Test and Evaluation, Navy'',
$3,000,000;
``Research, Development, Test and Evaluation, Air Force'',
$15,700,000; and
``Research, Development, Test and Evaluation, Defense-
Wide'', $2,700,000.
Sec. 8118. Funds appropriated for Operation and Maintenance in
title II of this Act may be used to complete certain projects for which
funds have been provided from--
(1) amounts appropriated for ``Operation and Maintenance,
Navy'' in section 110 of the Emergency Supplemental Act, 2000
(division B of Public Law 106-246; 114 Stat. 530); or
(2) amounts appropriated for ``Operation and Maintenance,
Navy'' in section 9001(a)(2)(i) of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259; 114 Stat. 709).
Sec. 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 30 days prior to obligation of all of
the specific sources of funds to be used for such purpose.
Sec. 8120. Notwithstanding any other provision of law, from funds
appropriated in this or any other Act under the heading, ``Missile
Procurement, Air Force'', that remain available for obligation, not to
exceed $50,000,000 shall be available for recording, adjusting, and
liquidating obligations properly chargeable to fiscal year 1997 and
1998 ``Missile Procurement, Air Force'' accounts: Provided, That the
Secretary of the Air Force shall notify the congressional defense
committees 30 days prior to obligation of all of the specific sources
of funds to be used for such purpose.
(including transfer of funds)
Sec. 8121. Of the amounts appropriated in this Act under the
heading, ``Shipbuilding and Conversion, Navy'', $680,000,000 shall be
available until September 30, 2002, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of Defense 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 and for the same time period as the appropriations or fund 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, $123,561,000;
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 Defense
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purpose as the
appropriations to which transferred, and for the same time period as
the appropriation from which transferred: Provided 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.
(including transfer of funds)
Sec. 8123. Of the funds appropriated by this Act under the heading,
``Operation and Maintenance, Navy'', $56,000,000 shall remain available
until expended, only for costs associated with the stabilization,
return, refitting, necessary force protection upgrades, and repair of
the U.S.S. COLE: Provided, That the Secretary of Defense may transfer
these funds to appropriations accounts for procurement and that the
funds transferred shall be merged with and shall be available for the
same purposes and for the same time period as the appropriation to
which transferred: Provided further, That the transfer authority
provided in this section is in addition to any other transfer authority
avai
2000
lable to the Department of Defense.
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 U.S.S. 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. Notwithstanding section 229(a) of the Social Security
Act, no wages shall be deemed to have been paid to any individual
pursuant to that section in any calendar year after 2001.
Sec. 8126. The total amount appropriated in this Act is hereby
reduced by $230,000,000 to reflect fact-of-life changes in utilities
costs, to be derived as follows:
``Operation and Maintenance, Army'', $75,900,000;
``Operation and Maintenance, Navy'', $17,100,000;
``Operation and Maintenance, Marine Corps'', $15,000,000;
``Operation and Maintenance, Air Force'', $60,100,000;
``Operation and Maintenance, Defense-Wide'', $9,800,000;
``Operation and Maintenance, Army Reserve'', $6,000,000;
``Operation and Maintenance, Navy Reserve'', $2,300,000;
``Operation and Maintenance, Marine Corps Reserve'',
$800,000;
``Operation and Maintenance, Air Force Reserve'',
$3,000,000;
``Operation and Maintenance, Army National Guard'',
$6,000,000;
``Operation and Maintenance, Air National Guard'',
$7,500,000;
``Drug Interdiction and Counter-Drug Activities, Defense'',
$800,000;
``Defense Working Capital Funds'', $14,400,000; and
``Defense Health Program'', $11,300,000.
Sec. 8127. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by
$797,919,000, to reduce excess funded carryover, to be derived as
follows:
``Operation and Maintenance, Army'', $131,000,000;
``Operation and Maintenance, Navy'', $343,719,000;
``Operation and Maintenance, Marine Corps'', $25,000,000;
``Operation and Maintenance, Air Force'', $283,200,000;
``Operation and Maintenance, Defense-Wide'', $15,000,000.
Sec. 8128. (a) Of the total amount appropriated for ``Operation and
Maintenance, Air Force'', $2,500,000, to remain available until
expended, shall be available to the Secretary of the Air Force only for
the purpose of making a grant in the amount of $2,500,000 to the
Lafayette Escadrille Memorial Foundation, Inc., to be used to perform
the repair, restoration, and preservation of the structure, plaza, and
surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-
Coguette, France.
(b) The Secretary shall require as a condition of the grant--
(1) that the funds provided through the grant be used only
for costs associated with such repair, restoration, and
preservation; and
(2) that none of those funds may be used for remuneration
of any entity or individual associated with fund raising for
the project to carry out such repair, restoration, and
preservation.
Sec. 8129. None of the funds in this or any other Act may be used
by the Secretary of the Interior to remove the five foot tall memorial
cross originally erected in 1934 by the Veterans of Foreign Wars in
honor of fallen World War I veterans and located within the boundary of
the Mojave National Preserve in southern California along Cima Road
approximately 11 miles south of Interstate 15.
Sec. 8130. In addition to the amounts provided elsewhere in this
Act, the amount of $6,000,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Navy''. Such amount shall
be used by the Secretary of the Navy only to make a grant in the amount
of $6,000,000 to the U.S.S. Alabama Battleship Foundation, a nonprofit
organization established under the laws of the State of Alabama, to be
available only for the preservation of the former U.S.S. ALABAMA (ex
BB-60) as a museum and memorial.
Sec. 8131. In addition to the amounts provided elsewhere in this
Act, the amount of $5,000,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Navy''. Such amount shall
be used by the Secretary of the Navy only to make a grant in the amount
of $5,000,000 to the Intrepid Sea-Air-Space Foundation only for the
preservation of the former U.S.S. INTREPID (CV 11) as a museum and
memorial.
Sec. 8132. In addition to the amounts provided elsewhere in this
Act, the amount of $6,000,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Air Force''. Such amount
shall be used by the Secretary of the Air Force only to make a grant in
the amount of $6,000,000 to the Medical Lake School District,
Washington State school district number 326, for relocation of the
Fairchild Air Force Base Elementary School within the boundary of
Fairchild Air Force Base, Washington.
Sec. 8133. In addition to the amounts provided elsewhere in this
Act, the amount of $5,000,000 is hereby appropriated to the Department
of Defense for ``Operation and Maintenance, Navy''. Such amount shall
be used by the Secretary of the Navy only to make a grant in the amount
of $5,000,000 to the Central Kitsap School District, Washington State
school district number 401, for the purchase and installation of
equipment for a special needs learning center to meet the needs of
Department of Defense special needs students at Submarine Base Bangor,
Washington.
Sec. 8134. (a) In addition to amounts provided elsewhere in this
Act, the amount of $10,000,000 is hereby appropriated for ``Operation
and Maintenance, Defense-Wide'', to be available to the Secretary of
Defense only for the purpose of making a grant for the purpose
specified in section 8156 of the Department of Defense Appropriations
Act, 2001 (Public Law 106-259; 114 Stat. 707), as amended by subsection
(b). Such grant shall be made not later than 90 days after the date of
the enactment of this Act.
(b) Section 8156 of the Department of Defense Appropriations Act,
2001 (Public Law 106-259; 114 Stat. 707), is amended by striking the
comma after ``California'' the first place it appears and all that
follows through ``96-8867)''.
Sec. 8135. (a) Activities Under Formerly Utilized Sites Remedial
Action Program.--Subject to subsections (b) through (e) of section 611
of Public Law 106-60 (113 Stat. 502; 10 U.S.C. 2701 note), the
Secretary of the Army, acting through the Chief of Engineers, under the
Formerly Utilized Sites Remedial Action Program shall undertake the
functions and activities specified in subsection (a) of such section in
order to--
(1) clean up radioactive contamination at the Shpack
Landfill site located in Norton and Attleboro, Massachusetts;
and
(2) clean up radioactive waste at the Shallow Land Disposal
Area located in Parks Township, Armstrong County, Pennsylvania,
consistent with the Memorandum of Understanding Between the
United States Nuclear Regulatory Commission and the United
States Army Corps of Engineers for Coordination on Cleanup and
Decommissioning of the Formerly Utilized Sites Remedial Action
Program (FUSRAP) Sites with NRC-Licensed Facilities, dated July
5, 2001.
(b) Special Rules Regarding Shallow Land Disposal Area.--The
Secretary of the Army shall seek to recover response costs incurred by
the Army Corps of Engineers for cleanup of the Shallow Land Disposal
Area from appropriate responsible parties in accordance with the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 9601 et seq.). The Secretary of the Army and the
Corps of Engineers shall not, by virtue of this cleanup, become liable
for the actions or omissio
2000
ns of past, current, or future licensees,
owners, or operators of the Shallow Land Disposal Area.
(c) Funding Sources.--Amounts appropriated to the Army Corps of
Engineers for fiscal year 2001 and subsequent fiscal years and
available for the Formerly Utilized Sites Remedial Action Program shall
be available to carry out this section.
Sec. 8136. In addition to amounts otherwise appropriated or made
available by this Act, $3,000,000 is appropriated to the Secretary of
the Air Force and shall be used by the Secretary to reestablish the
Tethered Aerostat Radar System at Morgan City, Louisiana, previously
used by the Air Force in maritime, air, and land counter-drug detection
and monitoring. Of the amounts appropriated or otherwise made available
for operation and maintenance for the Air Force, the Secretary shall
use $3,000,000 to operate such Tethered Aerostat Radar System upon its
reestablishment.
Sec. 8137. None of the funds in this Act may be used to implement
the establishment of an independent unmanned aerial vehicle joint
operational test bed system and/or the transfer of two Predator UAVs,
tactical control system (TCS) ground station and assorted equipment
from the Navy to Joint Forces Command (JFCOM).
Sec. 8138. The $100,000 limitation established by section 8043 of
Public Law 106-259, shall not apply to amounts appropriated in that Act
under the heading ``Operation and Maintenance, Defense-Wide'' for
expenses related to certain classified activities associated with
foreign material.
Sec. 8139. The total amount appropriated in this Act for Operation
and Maintenance is hereby reduced by $330,000,000, to reflect savings
attributable to improved supervision in determining appropriate
purchases to be made using the Government purchase card, to be derived
as follows:
``Operation and Maintenance, Army'', $122,100,000;
``Operation and Maintenance, Navy'', $95,700,000;
``Operation and Maintenance, Marine Corps'', $9,900,000;
``Operation and Maintenance, Air Force'', $79,200,000; and
``Operation and Maintenance, Defense-Wide'', $23,100,000.
Sec. 8140. The Secretary of Defense and the Secretary of Veterans
Affairs shall jointly conduct a comprehensive assessment that
identifies and evaluates changes to Department of Defense and
Department of Veterans Affairs health care delivery policies, methods,
practices, and procedures in order to provide improved health care
services at reduced costs to the taxpayer. This assessment shall
include a detailed independent review, based on a statement of work
authored by the Secretaries of both departments, of options to
collocate or share facilities and care providers in areas where
duplication and excess capacity may exist, optimize economies of scale
through joint procurement of supplies and services, institute
cooperative service agreements, and partially or fully integrate DOD
and VA systems providing telehealth services, computerized patient
records, provider credentialing, surgical quality assessment,
rehabilitation services, administrative services, and centers of
excellence for specialized health care services. The Secretaries shall
jointly transmit a report to Congress by no later than March 1, 2002,
explaining the findings and conclusions of this assessment, including
detailed estimates of the costs, cost savings, and service benefits of
each recommendation, and making legislative and administrative
recommendations to implement the results of this effort: Provided, That
of the funds provided under the heading ``Defense Health Program''
$5,000,000 shall be made available only for the purpose of conducting
the assessment described in this section.
Sec. 8141. (a) Notwithstanding any other provision of law,
operation and maintenance funds provided in this Act may be used for
the purchase of ultralightweight camouflage net systems as unit spares
in order to modernize the current inventory of camouflage screens to
state-of-the-art protection standards more quickly than would otherwise
be the case.
(b) The authority provided by subsection (a) may not be used until
the Secretary of the Army submits to the congressional defense
committees a report certifying that, compared to the current system
that can be purchased with Army Operation and Maintenance funds, the
ultralightweight camouflage net system--
(1) is technically superior against multi-spectral threat
sensors;
(2) is less costly per unit; and
(3) provides improved overall force protection.
Sec. 8142. (a) Fort Irwin Military Land Withdrawal.--The provisions
of title XXIX of H.R. 2586, as passed by the House of Representatives
on September 25, 2001 (entitled the Fort Irwin Military Land Withdrawal
Act of 2001), are hereby enacted into law.
(b) Publication of Provisions Enacted by Reference.--In publishing
this Act in slip form and in the United States Statutes at Large
pursuant to section 112 of title 1, United States Code, the Archivist
of the United States shall include after the date of approval an
appendix setting forth the text of the provisions referred to in
subsection (a).
Sec. 8143. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act for the Pentagon Reservation
Maintenance Revolving Fund, including standard real property operations
is hereby reduced by $333,000,000, to be distributed as follows:
``Operation and Maintenance, Army'', $114,270,000;
``Operation and Maintenance, Navy'', $50,320,000;
``Operation and Maintenance, Air Force'', $62,180,000;
``Operation and Maintenance, Defense-Wide'', $102,120,000;
and
``Research, Development, Test and Evaluation, Ballistic
Missile Defense Organization'', $4,110,000.
Sec. 8144. (a) Funding Reduction.--The amount appropriated in this
Act for ``Operation and Maintenance, Army'' is hereby reduced by
$37,200,000 to reflect efficiencies in Army acquisition management
practices.
(b) Limitations.--Effective 6 months after the date of enactment of
this Act none of the funds made available by this Act may be used,
directly or indirectly, for any of the following purposes:
(1) To support the accomplishment of Army acquisition
systems management functions by military or civilian personnel
assigned to or employed by the Army Training and Doctrine
Command.
(2) To accomplish Army acquisition system requirements
determination functions, or analysis of alternatives functions,
by military or civilian personnel assigned to or employed by
the Army Training and Doctrine Command.
(3) To accomplish Army acquisition program management
functions by military or civilian personnel assigned to or
employed by the Army Material Command.
(c) Civilian Personnel Reductions.--Pursuant to this section, the
Secretary of the Army shall reduce the fiscal year end-strength number
of civilian full-time equivalent employees performing Army acquisition
functions by 3 percent of the baseline number for each fiscal year from
fiscal year 2002 through fiscal year 2006. For purposes of the
preceding sentence, the term ``baseline number'' means the number of
civilian full-time equivalent employees performing Army acquisition
functions as of the close of fiscal year 2001.
(d) Reports.--(1) The Secretary of the Army shall include with the
fiscal year 2003 budget justification materials for the Department of
the Army information on--
(A) how personnel reductions required by subsection (c)
will be accomplished and how Army acquisition system and
program management resources will be transferred to other Army
elements by reason of those reductions; and
(B) any changes in Army policies to achieve compliance with
the limitations in subsection (b).
(2) The Secretary shall include with the budget justification
materials for the
2000
Department of the Army for each of fiscal years 2004
through 2007 information on--
(A) how personnel reductions required by subsection (c)
have been accomplished to the date of the report and will be
accomplished during the then-current fiscal year and
thereafter; and
(B) how Army acquisition system and program management
resources have been transferred, as of the date of the report,
to other Army elements by reason of those reductions and how
such resources will be transferred during the then-current
fiscal year and thereafter to other Army elements by reason of
those reductions, and each subsequent annual budget request.
Sec. 8145. (a) Non-Profit Army Venture Capital Corporation.--Of the
funds made available for ``Research, Development, Test and Evaluation,
Army'', $50,000,000 shall be available to the Secretary of the Army
only for the purpose of funding a venture capital investment
corporation established pursuant to section 2371 of title 10 United
States Code, to be derived as specified in subsection (b).
(b) Funding.--The amount specified in subsection (a) shall be
derived by reducing, on a pro rata basis, the following amounts: (1)
Amounts made available to the Army for basic research and applied
research, except for amounts for research projects designated as
congressional special interest items; and (2) Amounts made available to
the Army for research, development, test and evaluation relating to the
Future Combat System.
Sec. 8146. Notwithstanding any other provision of law, in addition
to amounts appropriated or otherwise made available in this Act,
$10,000,000 is hereby appropriated to ``Operation and Maintenance,
Defense-Wide'' only for facility improvements necessary to integrate
the 910th Airlift Wing and related activities at the Youngstown-Warren
Regional Airport into the military cargo network.
Sec. 8147. Notwithstanding any other provision of law, in addition
to amounts appropriated or otherwise made available in this Act,
$10,000,000 is hereby appropriated to ``Operation and Maintenance,
Defense-Wide'' only for facility improvements and equipment purchases
necessary to augment the capabilities of local government emergency
response units responsible for protection of the Pentagon Reservation
to address emergency response deficiencies identified as a result of
the attack on the Pentagon of September 11, 2001, and to provide
additional capabilities to meet the terrorism threat: Provided, That
the Secretary of Defense shall negotiate and establish an appropriate
Federal share for facility improvements financed under this section
prior to the expenditure of these funds.
Sec. 8148. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of 38
U.S.C. 7403(g) for occupations listed in 28 U.S.C. 7403(a)(2) as well
as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A)
shall apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B)
shall not apply.
Sec. 8149. (a) The Secretary of Defense may waive any requirement
that the fiscal year 2001 Department of Defense financial statement
include the accounts and associated activities of the Department of the
Army and the Department of the Navy, to the extent that the Secretary
determines necessary due to the effects of the terrorist attack on the
Pentagon of September 11, 2001.
(b) If any accounts and associated activities of the Department of
the Army or the Department of the Navy are excluded from the fiscal
year 2001 Department of Defense financial statement pursuant to
subsection (a), the Secretary of Defense shall, as soon as practicable
after March 1, 2002, prepare and submit to the Director of the Office
of Management and Budget, a revised audited financial statement for
fiscal year 2001 that includes all such accounts and activities.
(c) For purposes of this section, the term ``fiscal year 2001
Department of Defense financial statement'' means the audited financial
statement of the Department of Defense for fiscal year 2001 required by
section 3515 of title 31, United States Code, to be submitted to the
Director of the Office of Management and Budget not later than March 1,
2002.
Sec. 8150. None of the funds appropriated in this Act may be used
to prepare a budget request for submission to Congress by the
Department of Defense for fiscal year 2003 that contains any proposal
to acquire ships for the Department of the Navy through the use of
incremental funding amounts or advanced appropriations. The limitation
against incremental funding does not apply to the specific shipbuilding
programs that were funded on an incremental basis in fiscal year 2001.
Sec. 8151. In addition to amounts appropriated or otherwise made
available elsewhere in this Act, $20,000,000, to remain available until
September 30, 2004, is hereby appropriated to ``Aircraft Procurement,
Air Force'', only for the C-5 avionics modernization program.
Sec. 8152. In addition to amounts appropriated or otherwise made
available elsewhere in this Act, $10,000,000, to remain available until
September 30, 2003, is hereby appropriated to ``Research, Development,
Test and Evaluation, Air Force'', only for the agile combat support
(IMITS) program.
Sec. 8153. In addition to amounts appropriated or otherwise made
available elsewhere in this Act, $6,000,000, to remain available until
September 30, 2003, is hereby appropriated to ``Research, Development,
Test and Evaluation, Army'', only for laser vision correction devices
for the Walter Reed Army Medical Center.
Sec. 8154. Notwithstanding any other provision of this Act, the
Secretary of the Air Force may enter into a multiyear contract, or
extend an existing multiyear contract, for the C-17 aircraft: Provided,
That the authority to enter into such a contract (or contract
extension) may not be exercised until a period of not less than 30 days
has elapsed after the date of the submission of a report under
paragraph (4) of section 2306b(l) of title 10, United States Code:
Provided further, That the authorities provided in this section shall
not be available until the Secretary of Defense submits to the
congressional defense committees a certification that the applicable
requirements under section 2306b of title 10, United States Code, and
section 8008 of this Act with respect to such a contract (or contract
extension) have been met.
Sec. 8155. Except as expressly provided otherwise, any reference in
a provision of titles I through IX to ``this Act'' shall be treated as
referring only to the provisions of this division.
Sec. 8156. Notwithstanding any other provision of law, of the funds
appropriated in this Act under the heading ``Operation and Maintenance,
Defense-Wide'', $1,680,500, to remain available until expended, is
provided only for payment of any expenses incurred after April 1, 2002
of the Commission on the Future of the United States Aerospace Industry
pursuant to section 1092(e)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted by Public Law 106-
398; 114 Stat. 165A-215).
Sec. 8157. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'', $1,000,000, to remain
available until expended, shall be made available to the Secretary of
Defense, notwithstanding any other provision of law, only for a grant
or grants to the Somerset County Board of Commissioners (in the
Commonwealth of Pennsylvania), to design and construct a memorial
(including operating and maintenance expenses for appropriate security
measures to protect the site) at the airplane crash site in Somerset
County, Pennsylvania honoring the brave men, women, and children who
perished following a valiant struggle with terrorists aboard United
Airlines Flight 93 on September 11, 2001.
2000
Sec. 8158. (a) None of the funds made available in this division
may be used to purchase--
(1) steel; or
(2) equipment, products, or systems that are necessary to
national security or national defense and that are made with
steel, that is not melted and poured in the United States
except in cases in which the steel required for the intended
use is not melted and poured in the United States.
(b) Subsection (a) shall not apply with respect to a purchase that
the Secretary of Defense determines is necessary for national security
purposes.
Sec. 8159. (a) Findings.--The Congress finds that--
(1) in times when our national security is threatened by
possible attacks from foreign and domestic enemies, it is
necessary that the United States have a sufficient supply of
certain products that are essential for defending this Nation;
and
(2) it has been the consistent intent of Congress that the
Department of Defense, when purchasing items to support the
Armed Forces, choose items that are wholly of domestic content
and manufacture, especially items identified as essential to
our national defense.
(b) Sense of Congress.--It is the sense of Congress that--
(1) it is vital that the United States maintain a domestic
manufacturing base for certain products necessary to national
security, so that our Nation does not become reliant on foreign
sources for such products and thereby vulnerable to disruptions
in international trade; and
(2) in cases where such domestic manufacturing base is
threatened, the United States should take action to preserve
such manufacturing base.
TITLE IX
COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS OF MASS DESTRUCTION
Counter-Terrorism and Operational Response Transfer Fund
(including transfer of funds)
For urgent enhancements to intelligence and military capabilities
in order to prosecute Operation ENDURING FREEDOM; to discover,
infiltrate, and deter terrorist groups; to protect against terrorist
attacks that might employ either conventional means or weapons of mass
destruction, and to prepare against the consequences of such attacks;
to deny unauthorized users the opportunity to modify, steal,
inappropriately disclose, or destroy sensitive military intelligence
data or networks, and to accelerate improvements in information
networks and operations, $1,670,000,000, to remain available until
expended, of which $451,000,000 shall be made available to the Director
of Central Intelligence, and of which $1,219,000,000 shall be made
available to the Secretary of Defense: Provided, That of the amounts
made available under this heading for the Department of Defense,
$474,000,000 is available only for improving chemical and biological
defense capabilities of the Department of Defense: Provided further,
That of the amounts made available under this heading for the
Department of Defense, $275,000,000 is available only for improving the
effectiveness of Department of Defense and intelligence agency
capabilities in the areas of information assurance, critical
infrastructure protection, and information operations: Provided
further, That in order to carry out the specified purposes under this
heading, funds made available under this heading may be transferred to
any appropriation account otherwise enacted by this Act: Provided
further, That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period, as the
appropriation to which transferred: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are excess for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That of the amounts provided under
this heading, $10,000,000 shall be transferred to the Department of
Justice, only for enhanced terrorism-related financial and money
laundering investigation operations: Provided further, That
notwithstanding any other provision of law, of the amounts provided
under this heading, the Secretary of Defense is authorized to transfer
$70,000,000 to other activities of the Federal Government: Provided
further, That within 90 days of enactment of this Act, the Secretary of
Defense and the Director of Central Intelligence shall each provide to
the Congress a classified report specifying the projects and accounts
to which funds provided under this heading are to be transferred.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
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, $403,000,000, to remain available until September 30, 2004.
Procurement, Ballistic Missile Defense Organization
(including transfer of funds)
For expenses of the Ballistic Missile Defense Organization
necessary for procurement, production, and modification of equipment,
supplies, materials, and spare parts therefor, not otherwise provided
for; 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, $794,557,000, to remain available
for obligation until September 30, 2004: Provided, That funds provided
under this heading may be used for procurement of critical parts for
Patriot Advanced Capability-3 (PAC-3) missiles to support production of
such missiles in future fiscal years.
Research, Development, Test and Evaluation, Ballistic Missile Defense
Organization
(including rescission)
For expenses of the Ballistic Missile Defense Organization
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,
$7,053,721,000, to remain available for obligation until September 30,
2003: Provided, That for funds provided under this heading the minimum
amount applicable under section 9(f)(1)(C) of the Small Business Act
(15 U.S.C. 638(f)(1)(C)) shall be $75,000,000 (in lieu of the amount
otherwise applicable under that section): Provided further, That of the
funds provided in the Department of Defense Appropriations Act, 2001
(Public Law 106-259), the amount of $73,800,000 is hereby rescinded
from the ``Procurement, Defense-Wide, 2001/2003'' account.
Defense Against Chemical and Biological Weapons, Defense-Wide
For expenses, not otherwise provided for, for chemical and
biological weapon defense programs of the Department of Defense, as
authorized by law, $1,065,940,000, of which $363,709,000 shall be for
Procurement, to remain available for obligation until September 30,
2004, and $702,231,000 shall be for Research, Development, Test and
Evaluation, to remain available for obligation until September 30,
2003.
2000
Defense Threat Reduction Agency
For expenses, not otherwise provided for, for the Defense Threat
Reduction Agency of the Department of Defense, as authorized by law,
$806,471,000, of which $305,393,000 shall be for Operation and
Maintenance, of which $50,000,000 shall be available only to initiate a
multi-year demonstration program at four military installations to
install, operate, and evaluate a network of sensors to protect
installations against unconventional nuclear threats in accordance with
the deployment recommendations of the Defense Science Board Task Force
on Unconventional Nuclear Warfare Defense; $20,325,000 shall be for
Procurement, to remain available for obligation until September 30,
2004; and $480,753,000 shall be for Research, Development, Test and
Evaluation to remain available for obligation until September 30, 2003,
of which $25,000,000 shall be available only for research and
development of systems to support the protection of military
installations against unconventional nuclear threats in accordance with
the recommendations of the Defense Science Board Task Force on
Unconventional Nuclear Warfare Defense.
This division may be cited as the ``Department of Defense
Appropriations Act, 2002''.
DIVISION B--FISCAL YEAR 2002 SUPPLEMENTAL APPROPRIATIONS
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2002, and for other purposes, namely:
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'', $4,582,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Agriculture Buildings and Facilities and Rental Payments
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Agriculture Buildings and
Facilities and Rental Payments'', $2,875,000, 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'',
$5,635,000, 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
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$8,175,000, 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'', $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'', $9,800,000, to remain available until expended,
to be obligated from amounts made available in Public Law 107-38.
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, and for other expenses
necessary to support activities related to countering potential
biological, disease, and chemical threats to civilian populations, for
``Food and Drug Administration, Salaries and Expenses'', $104,350,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
INDEPENDENT AGENCIES
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'', $6,495,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
administrative review and appeals
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Administrative Review and
Appeals'', $3,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Legal Activities
salaries and expenses, general legal activities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,
General Legal Activities'', $12,500,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
salaries and expenses, united states attorneys
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,
United States Attorneys'', $68,450,000, 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'', $11,100,000, 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'',
$538,500,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Immigration and Naturalization Service
salaries and expenses
enforcement and border affairs
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$409,600,000, 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, to be obligated from
amounts made available in Public Law 107-38, of which $45,000,000 is
for emergency response communications technologies and equipment for
Northern Virginia, $20,000,000 is for the Capitol Wireless Integrated
Network in the Washington Metropolitan Area, $15,000,000 is for a
chemical sensor program within the Washington, D.C. subway system, and
$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, for ``State and Local Law
Enforcement Assistance'', $17,100,000, to remain available until
expended, 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'',
2000
$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'', $750,000, 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.
National Telecommunications and Information Administration
public telecommunications facilities, planning and construction
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Public Telecommunications
Facilities, Planning and Construction'', $8,250,000, to remain
available until expended, to be obligated from amounts made available
in Public Law 107-38: Provided, That matching requirements set forth in
section 392(b) of the Communications Act of 1934, as amended, shall not
apply to funds provided in this Act.
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'', $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'',
$8,636,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
THE JUDICIARY
Supreme Court of the United States
care of the building and grounds
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Care of the Building and
Ground'', $10,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
Courts of Appeals, District Courts, and Other Judicial Services
court security
For emergency expenses to respond to the September 11, 2001
terrorist attacks on the United States, for ``Court Security'',
$21,500,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38: Provided, That the funds
may be expended directly or transferred to the United States Marshals
Service, to remain available until expended: Provided further, That
$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.
DEPARTMENT OF STATE AND RELATED AGENCY
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``International
Broadcasting Operations'', $9,200,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
broadcasting capital improvements
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Broadcasting Capital
Improvements'', $10,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
RELATED AGENCIES
Equal Employment Opportunity Commission
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses,''
$1,301,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Securities and Exchange Commission
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$20,705,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Small Business Administration
disaster loans program account
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Disaster Loans Program
Account'', $140,000,000, to remain available until expended, to be
obligated from amounts available in Public Law 107-38.
GENERAL PROVISIONS--THIS CHAPTER
Sec. 201. Funds appropriated by this Act for the Broadcasting Board
of Governors and the Department of State may be obligated and expended
notwithstanding section 313 of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995, and section 15 of the State Department
Basic Authorities Act of 1956, as amended.
CHAPTER 3
DEPARTMENT OF DEFENSE--MILITARY
Operation and Maintenance
Defense Emergency Response Fund
(including transfer of funds)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Defense Emergency
Response Fund'', $7,242,911,000, to remain available until expended, to
be obligated from amounts made available in Public Law 107-38, as
follows:
(1) For increased situational awareness, $1,735,000,000;
(2) For enhanced force protection, $742,911,000, of which
$40,000,000 shall be available only for biological weapons
proliferation prevention activities under the Former Soviet
Union Threat Reduction Program, of which $30,000,000 shall be
transferred to ``Department of State, Nonproliferation, Anti-
terrorism, Demining, and Related Programs'' only for the
purpose of supporting expansion of the Biological Weapons
Redirect and International Science and Technology Centers
programs, to prevent former Soviet biological weapons experts
from emigrating to proliferant states and to reconfigure former
Soviet biological weapons production facilities for peaceful
uses;
(3) For improved command and control, $162,000,000;
(4) For increased worldwide posture, $2,801,000,000;
(5) For offensive counterterrorism, $769,000,000, of which
$237,000,000 is for the Special Operations Command;
(6) For initial crisis response, $108,000,000;
(7) For the Pentagon Reservation Maintenance Revolving
Fund, $925,000,000:
Provided, That none of the funds provided under this heading in this
chapter may be used for appropriations for military construction and
military family housing.
GENERAL PROVISIONS--THIS CHAPTER
(including transfer of funds)
Sec. 301. Amounts available in the ``Defense Emergency Response
Fund'' (the ``Fund'') shall be available for the purposes set forth in
the 2001 Emergency Supplemental Appropriations Act for Recovery from
and Response to Terrorist Attacks on the United States (Public Law 107-
38): Provided, That the Fund may be used to reimburse other
appropriations or funds of the Department of Defense, including
activities of the National Foreign Intellige
2000
nce Program funded in
defense appropriations acts, only for costs incurred for such purposes
on or after September 11, 2001: Provided further, That the Fund may be
used to liquidate obligations incurred by the Department of Defense
under the authorities in section 3732 of the Revised Statutes (41
U.S.C. 11; popularly known as the ``Food and Forage Act'') for any
costs incurred for such purposes between September 11 and September 30,
2001: Provided further, That the Secretary of Defense may transfer to
the Fund amounts from any current appropriation made available in
defense appropriations acts, only for the purpose of adjusting and
liquidating obligations properly chargeable to the Fund: Provided
further, That the authority granted in the preceding proviso shall only
be exercised after the Secretary of Defense makes a determination that
amounts in the Fund are insufficient to liquidate obligations made
using appropriations in the Fund, and not prior to 30 days after
notifying the congressional defense committees in writing regarding
each proposed transfer of funds: Provided further, That in order to
carry out the specified purposes under this heading, the Secretary of
Defense may transfer funds from the Fund to any defense appropriation
account enacted in appropriations acts, including ``Support for
International Sporting Competitions, Defense'': Provided further, That
the funds transferred shall be merged with and shall be available for
the same purposes and for the same time period as the appropriation to
which transferred: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That within 30 days of enactment of this Act, and quarterly thereafter,
the Secretary of Defense and the Director of Central Intelligence shall
each provide to the Congress a report (in unclassified and classified
form, as needed) specifying the projects and accounts to which funds
provided in this chapter are to be transferred.
(including transfer of funds)
Sec. 302. During the current fiscal year, amounts in or credited to
the Defense Cooperation Account under 10 U.S.C. 2608(b) are hereby
appropriated and shall be available for transfer by the Secretary of
Defense to such appropriations or funds of the Department of Defense as
he shall determine, to be merged with and be available for the same
purposes and the same time period as the appropriation to which
transferred: Provided, That the Secretary shall provide written
notification to the congressional defense committees 30 days prior to
such transfer: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
available to the Department of Defense: Provided further, That these
amounts are designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further, That the
Secretary of Defense shall report to the Congress quarterly on all
obligations made pursuant to this authority.
Sec. 303. (a) Amounts in the appropriation account ``Support for
International Sporting Competitions, Defense'' may be used to support
essential security and safety services for the 2002 Winter Olympic
Games in Salt Lake City, Utah, under section 2564 of title 10, United
States Code, without the certification otherwise required under
subsection (a) of that section.
(b) In connection with the provision of essential security and
safety support to the 2002 Winter Olympic Games and logistical and
security support to the 2002 Winter Paralympic Games, the term ``active
duty'' as used in section 5802 of division A of the Omnibus
Consolidated Appropriations Act, 1997 (10 U.S.C. 2564 note), shall be
treated as including State active duty and full-time National Guard
duty performed by members of the Army National Guard and Air National
Guard.
Sec. 304. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
Sec. 305. 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.
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, 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 expended, $12,144,209, of which $921,833 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, $453,376 is for the Department of Public Works, and $5,000,000
is for the Washington Metropolitan Area Transit Authority.
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, 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 expended, $1,032,342, for the Fire and Emergency
Medical Services Department.
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, 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 expended, $10,354,415, of which $204,920 is for
the Fire and Emergency Medical Services Department, $258,170 is for the
Metropolitan Policy Department, and $9,891,325 is for the Department of
Health.
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, 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 expended, $2,100,000, for the Department of
Health.
Notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget. The Chief financial Officer of the District of Columbia 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 heading beginning no later than January 2,
2002.
DISTRICT OF COLUMBIA FUNDS
DIVISION OF EXPENSES
The following amounts are appropriated for the District of Columbia
for the current fiscal year out of the general fund of the District of
Columbia and shall remain available until expended.
For Protective Clothing and Breathing Apparatus, to remain
available until expended, $12,144,209, of which $921,833 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, $453,376 is for the Department of Public Works, and $5,000,000
is for the Washington Metropolitan Area Transit Authority.
For Specialized Hazardous Materials Equipment, to remain available
until expended, $1,032,342, for the Fire and Emergency Medical Services
Department.
For Chemical and Biological Weapons Preparedness, to remain
available until expended, $10,354,415, of which $204,920 is for the
Fire and Emergency Medical Se
2000
rvices Department, $258,170 is for the
Metropolitan Police Department, and $9,891,325 is for the Department of
Health.
For Pharmaceuticals for Responders, to remain available until
expended, $2,100,000, for the Department of Health.
CHAPTER 5
DEPARTMENT OF DEFENSE--CIVIL
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
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'', $88,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
defense nuclear nonproliferation
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and for other expenses to
increase the security of the Nation's nuclear weapons complex, for
``Defense Nuclear Nonproliferation'', $18,000,000, to remain available
until expended, to be obligated from amounts made available in Public
Law 107-38.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Restoration and Waste Management
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Defense Environmental
Restoration and Waste Management'', $8,200,000, to remain available
until expended, to be obligated from amounts made available in Public
Law 107-38.
Other Defense Activities
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, and for other expenses
necessary to support activities related to countering potential
biological threats to civilian populations, for ``Other Defense
Activities'', $3,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
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 the ``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.
OTHER RELATED AGENCIES
SMITHSONIAN INSTITUTION
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Salaries and Expenses'' of
the Smithsonian Institution, $21,707,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
National Gallery of Art
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Salaries and Expenses'' of
the National Gallery of Art, $2,148,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
operations and maintenance
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Operations and
Maintenance'' of the John F. Kennedy Center for the Performing Arts,
$4,310,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
NATIONAL CAPITAL PLANNING COMMISSION
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``Salaries and Expenses'' of
the National Capital Planning Commission, $758,000, to be obligated
from amounts made available in Public Law 107-38.
CHAPTER 7
DEPARTMENT OF LABOR
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.
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
public health and social services emergency fund
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, disease, and chemical threats to civilian populations, for
``Public Health and Social Services Emergency Fund'', $1,990,600,000
(reduced by $100,000,000) (increased by $100,000,000), to remain
available until expended, to be obligated from amounts made available
in Public Law 107-38.
DEPARTMENT OF
2000
EDUCATION
school improvement programs
For emergency expenses to provide education-related services to
local educational agencies in which the learning environment has been
disrupted due to a violent or traumatic crisis, for the Project School
Emergency Response to Violence program, $10,000,000, to remain
available until expended, and to be obligated from amounts made
available in Public Law 107-38.
RELATED AGENCIES
National Labor Relations Board
salaries 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.
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.
CHAPTER 8
LEGISLATIVE BRANCH
Legislative Branch Emergency Response Fund
(including transfer of funds)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, $256,081,000 to remain
available until expended, to be derived from the Emergency Response
Fund established by Public Law 107-38: Provided, That $34,500,000 shall
be transferred to ``SENATE--Sergeant at Arms and Doorkeeper of the
Senate'' and shall be obligated with prior notification to the
Committee on Appropriations of the Senate: Provided further, That
$40,712,000 shall be transferred to ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses'' and shall be obligated with prior notification
to the Committee on Appropriations of the House of Representatives:
Provided further, That $1,000,000 shall be transferred as a grant to
the United States Capitol Historical Society: Provided further, That
the remaining balance of $179,869,000, together with any other amounts
provided to any entity in the legislative branch which are derived from
the Emergency Response Fund established by Public Law 107-38 and which
remain unobligated as of the date of the enactment of this Act (other
than any amounts provided to the House of Representatives or Senate),
shall be transferred to the Capitol Police Board, who shall transfer to
the affected entities of the legislative branch such amounts as the
Capitol Police Board considers appropriate, with prior notification to
the Committees on Appropriations of the House of Representatives and
Senate.
HOUSE OF REPRESENTATIVES
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 Chief Administrative Officer of the House of
Representatives may acquire buildings and facilities, subject to the
availability of appropriations, for the use of the House of
Representatives by lease, purchase, or such other arrangement as the
Chief Administrative Officer 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), subject to the
approval of the House Office Building Commission.
(b) Agreements.--Notwithstanding any other provision of law, for
purposes of carrying out subsection (a), the Chief Administrative
Officer may carry out such activities and enter into such agreements
related to the use of any building or facility acquired pursuant to
such subsection as the Chief Administrative Officer considers
appropriate, including--
(1) agreements with the United States Capitol Police or any
other entity relating to the policing of such building or
facility; and
(2) agreements with the Architect of the Capitol or any
other entity relating to the care and maintenance of such
building or facility.
(c) Authority of Capitol Police and Architect.--
(1) Architect of the capitol.--Notwithstanding any other
provision of law, the Architect of the Capitol may take any
action necessary to carry out an agreement entered into with
the Chief Administrative Officer pursuant to subsection (b).
(2) Capitol police.--Section 9 of the Act of July 31, 1946
(40 U.S.C. 212a) is amended--
(A) by striking ``The Capitol Police'' and
inserting ``(a) The Capitol Police''; and
(B) by adding at the end the following new
subsection:
``(b) For purposes of this section, `the United States Capitol
Buildings and Grounds' shall include any building or facility acquired
by the Chief Administrative Officer of the House of Representatives for
the use of the House of Representatives for which the Chief
Administrative Officer has entered into an agreement with the United
States Capitol Police for the policing of the building or facility.''.
(d) Transfer of Certain Funds.--Subject to the approval of the
Committee on Appropriations of the House of Representatives, the
Architect of the Capitol may transfer to the Chief Administrative
Officer amounts made available to the Architect for necessary expenses
for the maintenance, care and operation of the House office buildings
during a fiscal year in order to cover any portion of the costs
incurred by the Chief Administrative Officer during the year in
acquiring a building or facility pursuant to subsection (a).
(e) Effective Date.--This section and the amendments made by this
section shall apply with respect to fiscal year 2002 and each
succeeding fiscal year.
Sec. 802. (a) Notwithstanding any other provision of law--
(1) subject to subsection (b), the Chief Administrative
Officer of the House of Representatives and the head of an
Executive Agency (as defined in section 105 of title 5, United
States Code) may enter into a memorandum of understanding under
which the Agency may provide facilities, equipment, supplies,
personnel, and other support services for the use of the House
of Representatives during an emergency situation; and
(2) the Chief Administrative Officer and the head of the
Agency may take any action necessary to carry out the terms of
the memorandum of understanding.
(b) The Chief Administrative Officer of the House of
Representatives may not enter into a memorandum of understanding
described in subsection (a)(1) without the approval of the Speaker of
the House of Representatives.
(c) This section shall apply with respect to fiscal year 2002 and
each succeeding fiscal year.
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. In addition to the authority provided under section 121
of the Legislative
2000
Branch Appropriations Act, 2002, at any time on or
after the date of the enactment of this Act, the Capitol Police Board
may accept contributions of recreational, comfort, and other incidental
items and services to support officers and employees of the United
States Capitol Police while such officers and employees are on duty in
response to emergencies involving the safety of human life or the
protection of property.
Sec. 805. (a) Section 9 of the Act of July 31, 1946 (40 U.S.C.
212a) is amended by adding at the end the following new subsection:
``(c)(1) For purposes of this section, `the United States Capitol
Buildings and Grounds' shall include all buildings and grounds of the
United States Botanic Garden, including the National Garden and
Bartholdi Park.
``(2) For purposes of this section, the Joint Committee on the
Library may suspend the application of section 4 of this Act to the
buildings and grounds described in paragraph (1) in order to promote
the interests of the United States Botanic Garden.''.
(b) The amendment made by subsection (a) shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
Sec. 806. (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 reimbursable basis; or
(B) 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. 807. (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.
Sec. 808. (a) Section 1 of Public Law 93-180 (40 U.S.C. 166d) is
amended--
(1) by striking ``secure, through rental, lease, or other
appropriate agreement, storage space'' and inserting ``acquire,
through purchase, lease, or other appropriate arrangement,
property or space'';
(2) by inserting ``the United States Capitol Police,''
after ``Representatives,''; and
(3) by striking ``as such Commission and committee may
authorize'' and inserting ``as the Architect deems reasonable
and appropriate''.
(b) Nothing in the amendment made by subsection (a) may be
construed to affect the authority provided to the Architect of the
Capitol under section 128 of the Legislative Branch Appropriations Act,
2002, to secure the property described in such section.
(c) The amendment made by subsection (a) shall apply with respect
to fiscal year 2002 and each succeeding fiscal year.
Sec. 809. (a) Public Law 107-68 is amended in the item relating to
``ARCHITECT OF THE CAPITOL--Capitol Visitor Center''--
(1) by striking ``unassigned space in the'';
(2) by striking ``for House space''; and
(3) by striking ``for Senate space''.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of Public Law 107-68.
Sec. 810. (a) In accordance with the authority described in section
308(a) of the Legislative Branch Appropriations Act, 1988 (40 U.S.C.
166b-3a(a)), section 108 of the Legislative Branch Appropriations Act,
1991 (40 U.S.C. 166b-3b), as amended by section 129(c)(1) of the
Legislative Branch Appropriations Act, 2002, is amended by adding at
the end the following new subsection:
``(c) The Architect of the Capitol may fix the rate of basic pay
for not more than 4 positions for Executive Project Directors whose
salary is payable from project funds, at a rate not to exceed 95
percent of the highest total rate of pay for the Senior Executive
Service under subchapter VIII of chapter 53 of title 5, United States
Code, for the locality involved.''.
(b) The amendment made by subsection (a) shall apply with respect
to pay periods beginning on or after October 1, 2001.
Sec. 811. (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.
CHAPTER 9
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION
MILITARY CONSTRUCTION, ARMY
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Military Construction,
Army'', $55,700,000, to remain available until expended: Provided, That
these funds shall be obligated from amounts made available in Public
Law 107-38.
MILITARY CONSTRUCTION, NAVY
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Military Construction,
Navy'', $2,000,000, to remain available until expended: Provided, That
these funds shall be obligated from amounts made available in Public
Law 107-38.
MILITARY CONSTRUCTION, AIR FORCE
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Military Co
2000
nstruction,
Air Force'', $47,700,000, to remain available until expended: Provided,
That these funds shall be obligated from amounts made available in
Public Law 107-38.
GENERAL PROVISIONS--THIS CHAPTER
(including transfer of funds)
Sec. 901. The Secretary of Defense may transfer to the ``Defense
Emergency Response Fund'' amounts appropriated in Military Construction
Appropriations Acts only if the Secretary makes a determination that
amounts in the Fund are insufficient to carry out needed military
construction projects. In exercising the transfer authority provided by
this section, the Secretary of Defense shall first transfer unobligated
balances remaining from fiscal year 2001 and earlier fiscal years
before transferring any amounts appropriated in the Military
Construction Appropriations Act, 2002. Amounts so transferred shall be
available solely for military construction projects, including
activities described in section 2802(b) of title 10, United States
Code. At least 10 days prior to each such transfer, the Secretary of
Defense shall notify the appropriate defense committees, shall provide
an accompanying form 1391, and shall describe the source of funds from
which the transfer is derived.
Sec. 902. 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. At least 10
days prior to carrying out such military construction project, the
Secretary shall notify the appropriate defense committees and shall
provide an accompanying form 1391.
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'',
$458,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Transportation Security Administration
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for the ``Transportation
Security Administration'', $15,000,000, to remain available until
September 30, 2002, to be obligated from amounts made available in
Public Law 107-38: Provided, That obligation of funds under this
heading is subject to enactment of legislation authorizing the
establishment of such office.
Aircraft Passenger and Baggage Screening Activities
For necessary expenses of the Secretary of Transportation to carry
out responsibilities for the screening of passengers and property on
passenger aircraft in air transportation that originates in the United
States or intrastate air transportation that, on September 11, 2001,
was performed by an employee or agent of an air carrier, intrastate air
carrier, or foreign air carrier, $1,000,000,000 (increased by
$250,000,000), to remain available until expended: Provided, That none
of the funds under this heading may be obligated or expended until
enactment of legislation authorizing: (1) the conduct of such
activities, whether by contract, grant, or direct federal personnel, by
an organization within the Department of Transportation other than the
Federal Aviation Administration; (2) the collection of passenger and
baggage screening user fees designed to offset the cost of these
activities; and (3) the crediting of the fees as offsetting collections
to the account financing the activities and services for which the fee
is imposed: Provided further, That the sum herein appropriated shall be
reduced, on a dollar for dollar basis, as such offsetting collections
are received, so as to result in a final fiscal year 2002 appropriation
of zero.
COAST GUARD
Operating Expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Operating Expenses,''
$144,913,000, to remain available until expended, 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,''
$291,500,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Facilities and Equipment
(airport and airway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Facilities and
Equipment'', $175,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
FEDERAL HIGHWAY ADMINISTRATION
Federal-Aid Highways
Emergency Relief Program
(highway trust fund)
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for the ``Emergency Relief
Program'' as authorized by section 125 of title 23, United States Code,
$75,000,000, to remain available until expended, to be included in the
total of 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.
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.
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
Research and Special Programs
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Research and Special
Programs,'' $2,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
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,''
$465,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
CHAPTER 11
DEPARTMENT OF THE TREASURY
Departmental Offices
Treasury Inspector General for Tax Administration
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$2,032,000, to remain available until expended, to be obligated from
amounts made available by Public Law 107-38.
Financial Crimes Enforcement Network
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$1,700,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
Federal Law Enforcement Training Center
salaries and expenses
For emergency expenses to respo
2000
nd to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$23,231,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
acquisition, construction, improvements and related expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Acquisition,
Construction, Improvements, and Related Expenses'', $8,500,000, to
remain available until expended, to be obligated from amounts made
available in Public Law 107-38: Provided, That, in order to expedite
the acquisition of architectural and engineering services for the
construction of facilities at the Cheltenham, Maryland, training
facility, the Federal Law Enforcement Training Center may procure such
services without regard to: (1) the competition requirements of section
303 of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 253); (2) the 6 percent fee limitation on such services set
forth in section 304(b) of such Act (41 U.S.C. 254(b)); and (3) the
procurement notice requirements of section 18 of the Office of Federal
Procurement Policy Act (41 U.S.C. 416).
Bureau of Alcohol, Tobacco and Firearms
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
$31,431,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38, of which $5,200,000 may be
used for necessary expenses of site acquisition, construction,
operations, maintenance and repair of the special purpose canine
training facilities in Front Royal, Virginia.
United States Customs Service
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and Expenses'',
to meet requirements, including technology, along the northern border
and at critical seaports, $160,146,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
In addition, for an additional amount for ``Salaries and Expenses''
for response and recovery costs, a commercial backup facility and
enhanced security for the Newington Data Center, and additional
staffing and office expenses for anti-money laundering and foreign
operations, $141,613,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
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
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.
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.
INDEPENDENT AGENCIES
General Services Administration
real property activities
federal buildings fund
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United Stats, for ``Federal Buildings fund'',
$87,360,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38.
CHAPTER 12
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
general operating expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States for ``General operating
expenses'', $2,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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 for ``Science and technology'',
$10,000,000, 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 for ``Environmental programs and
management'', $140,360,000, 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'',
$5,800,000, 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 emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Disaster relief'',
$4,345,000,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107-38.
emergency management planning and assistance
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Emergency management
planning and assistance'', $35,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38, of which not less than $10,000,000 shall be available for
support of the 2002 Winter Olympics.
salaries and expenses
For emergency expenses to respond to the September 11, 2001,
terrorist attacks on the United States, for ``Salaries and expenses'',
$30,000,000 to remain available until expended, to be obligated from
amounts made available in Public Law 107-38 of which not less than
$10,000,000 shall be used to enhance the capabilities of the National
Security Division.
National Aeronautics and Space Administration
human space flight
For emergency expenses to respond to the September 11, 2001,
terrorist attack on the United States, for ``Human space flight'',
$81,000,000, to remain available until expended, to be obligated from
amounts made available
1bbe
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'', $36,500,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
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'', $3,000,000, to remain available until expended, to the
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.
CHAPTER 13
GENERAL PROVISION--THIS DIVISION
Sec. 1301. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year
unless expressly provided so herein.
CHAPTER 14
ADDITIONAL EMERGENCY RELIEF AND RECOVERY PROVISIONS
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.
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'', $1,825,000,000, 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 the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 2002:
Provided further, That, of the amount provided in this paragraph,
$10,000,000 shall be used for a program to aid the travel and tourism
industry in New York City.
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 Security Office
workers compensation programs
(including transfer of funds)
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.
This division may be cited as the ``Emergency Supplemental Act,
2002''.
DIVISION C--ADDITIONAL GENERAL PROVISIONS
Sec. 2101. None of the funds made available in division A of this
Act may be used to provide support or other assistance to the
International Criminal Court or to any criminal investigation or other
prosecutorial activity of the International Criminal Court.
Sec. 2102. (a) Occoquan River, Virginia.--The project for
navigation, Occoquan Creek, Virginia, authorized by the first section
of the Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public works on
rivers and harbors, and for other purposes'', approved September 19,
1890 (26 Stat. 440), is modified to direct the Secretary of the Army--
(1) to deepen the project to a depth of 9 feet; and
(2) to widen the project between Channel Marker Number 2
and the bridge at United States Route 1 to a width of 200 feet.
(b) Availability of Funds.--Amounts appropriated to carry out the
project referred to in subsection (a) by the Energy and Water
Development Appropriations Act, 2001 (as enacted into law by Public Law
106-377), shall be made available to carry out the modifications to the
project under subsection (a).
(c) Project Redesignation.--
(1) In general.--The project referred to in subsection (a)
shall be known and designated as the ``project for navigation,
Occoquan River, Virginia''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
project referred to in subsection (a) shall be deemed to be a
reference to the ``project for navigation, Occoquan River,
Virginia''.
Passed the House of Representatives November 28, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
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