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Public Law 107–117, Department of Defense and Emergency Supplemental Appropriations for Recovery from and Response to Terrorist Attacks on the United States Act, 2002

Summary

Public Law 107-117 is an Act of the 107th Congress dated January 10, 2002, beginning at 115 Stat. 2230 and bearing the bill number H.R. 3338. It makes appropriations for the Department of Defense for the fiscal year ending September 30, 2002, and for other purposes. The statute is organized in divisions: Division A, Department of Defense Appropriations, 2002; Division B, transfers; Division C, spending limits and budgetary allocations for fiscal year 2002; and Division D, miscellaneous provisions. Division A opens with Title I, Military Personnel.

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Full text

                                             PUBLIC LAW 107–117—JAN. 10, 2002




                               DEPARTMENT OF DEFENSE AND
                                EMERGENCY SUPPLEMENTAL
                          APPROPRIATIONS FOR RECOVERY FROM AND
                          RESPONSE TO TERRORIST ATTACKS ON THE
                                 UNITED STATES ACT, 2002




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                          115 STAT. 2230                             PUBLIC LAW 107–117—JAN. 10, 2002




                                                 Public Law 107–117
                                                 107th Congress
                                                                                               An Act
                            Jan. 10, 2002               Making appropriations for the Department of Defense for the fiscal year ending
                             [H.R. 3338]                                September 30, 2002, and for other purposes.

                                                      Be it enacted by the Senate and House of Representatives of
                          Department of          the United States of America in Congress assembled, That the
                          Defense and            following sums are appropriated, out of any money in the Treasury
                          Emergency
                          Supplemental           not otherwise appropriated, for the fiscal year ending September
                          Appropriations         30, 2002, for military functions administered by the Department
                          for Recovery from      of Defense, and for other purposes, namely:
                          and Response to
                          Terrorist Attacks
                          on the United           DIVISION A—DEPARTMENT OF DEFENSE APPROPRIATIONS,
                          States Act, 2002.                             2002
                          Department of
                          Defense                                                              TITLE I
                          Appropriations
                          Act, 2002.
                                                                                 MILITARY PERSONNEL

                                                                                MILITARY PERSONNEL, ARMY
                                                      For pay, allowances, individual clothing, subsistence, interest
                                                 on deposits, gratuities, permanent change of station travel
                                                 (including all expenses thereof for organizational movements), and
                                                 expenses of temporary duty travel between permanent duty sta-
                                                 tions, for members of the Army on active duty (except members
                                                 of reserve components provided for elsewhere), cadets, and aviation
                                                 cadets; and for 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, $23,752,384,000.

                                                                                MILITARY PERSONNEL, NAVY
                                                      For pay, allowances, individual clothing, subsistence, interest
                                                 on deposits, gratuities, permanent change of station travel
                                                 (including all expenses thereof for organizational movements), and
                                                 expenses of temporary duty travel between permanent duty sta-
                                                 tions, for members of the Navy on active duty (except members
                                                 of the Reserve provided for elsewhere), midshipmen, and aviation
                                                 cadets; and for 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, $19,551,484,000.

                                                                         MILITARY PERSONNEL, MARINE CORPS
                                                    For pay, allowances, individual clothing, subsistence, interest
                                                 on deposits, gratuities, permanent change of station travel




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2231

                          (including all expenses thereof for organizational movements), and
                          expenses of temporary duty travel between permanent duty sta-
                          tions, for members of the Marine Corps on active duty (except
                          members of the Reserve provided for elsewhere); and for payments
                          pursuant to section 156 of Public Law 97–377, as amended (42
                          U.S.C. 402 note), and to the Department of Defense Military Retire-
                          ment Fund, $7,345,340,000.
                                                    MILITARY PERSONNEL, AIR FORCE
                               For pay, allowances, individual clothing, subsistence, interest
                          on deposits, gratuities, permanent change of station travel
                          (including all expenses thereof for organizational movements), and
                          expenses of temporary duty travel between permanent duty sta-
                          tions, for members of the Air Force on active duty (except members
                          of reserve components provided for elsewhere), cadets, and aviation
                          cadets; and for payments pursuant to section 156 of Public Law
                          97–377, as amended (42 U.S.C. 402 note), and to the Department
                          of Defense Military Retirement Fund, $19,724,014,000.
                                                         RESERVE PERSONNEL, ARMY
                               For pay, allowances, clothing, subsistence, gratuities, travel,
                          and related expenses for personnel of the Army Reserve on active
                          duty under sections 10211, 10302, and 3038 of title 10, United
                          States Code, or while serving on active duty under section 12301(d)
                          of title 10, United States Code, in connection with performing
                          duty specified in section 12310(a) of title 10, United States Code,
                          or while undergoing reserve training, or while performing drills
                          or equivalent duty or other duty, and for members of the Reserve
                          Officers’ Training Corps, and expenses authorized by section 16131
                          of title 10, United States Code; and for payments to the Department
                          of Defense Military Retirement Fund, $2,670,197,000.
                                                         RESERVE PERSONNEL, NAVY
                              For pay, allowances, clothing, subsistence, gratuities, travel,
                          and related expenses for personnel of the Navy Reserve on active
                          duty under section 10211 of title 10, United States Code, or while
                          serving on active duty under section 12301(d) of title 10, United
                          States Code, in connection with performing duty specified in section
                          12310(a) of title 10, United States Code, or while undergoing reserve
                          training, or while performing drills or equivalent duty, and for
                          members of the Reserve Officers’ Training Corps, and expenses
                          authorized by section 16131 of title 10, United States Code; and
                          for payments to the Department of Defense Military Retirement
                          Fund, $1,654,523,000.
                                                 RESERVE PERSONNEL, MARINE CORPS
                              For pay, allowances, clothing, subsistence, gratuities, travel,
                          and related expenses for personnel of the Marine Corps Reserve
                          on active duty under section 10211 of title 10, United States Code,
                          or while serving on active duty under section 12301(d) of title
                          10, United States Code, in connection with performing duty specified
                          in section 12310(a) of title 10, United States Code, or while under-
                          going reserve training, or while performing drills or equivalent
                          duty, and for members of the Marine Corps platoon leaders class,




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                          115 STAT. 2232                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 and expenses authorized by section 16131 of title 10, United States
                                                 Code; and for payments to the Department of Defense Military
                                                 Retirement Fund, $471,200,000.
                                                                           RESERVE PERSONNEL, AIR FORCE
                                                      For pay, allowances, clothing, subsistence, gratuities, travel,
                                                 and related expenses for personnel of the Air Force Reserve on
                                                 active duty under sections 10211, 10305, and 8038 of title 10,
                                                 United States Code, or while serving on active duty under section
                                                 12301(d) of title 10, United States Code, in connection with per-
                                                 forming duty specified in section 12310(a) of title 10, United States
                                                 Code, or while undergoing reserve training, or while performing
                                                 drills or equivalent duty or other duty, and for members of the
                                                 Air Reserve Officers’ Training Corps, and expenses authorized by
                                                 section 16131 of title 10, United States Code; and for payments
                                                 to the Department of Defense Military Retirement Fund,
                                                 $1,061,160,000.
                                                                        NATIONAL GUARD PERSONNEL, ARMY
                                                      For pay, allowances, clothing, subsistence, gratuities, travel,
                                                 and related expenses for personnel of the Army National Guard
                                                 while on duty under section 10211, 10302, or 12402 of title 10
                                                 or section 708 of title 32, United States Code, or while serving
                                                 on duty under section 12301(d) of title 10 or section 502(f) of
                                                 title 32, United States Code, in connection with performing duty
                                                 specified in section 12310(a) of title 10, United States Code, or
                                                 while undergoing training, or while performing drills or equivalent
                                                 duty or other duty, and expenses authorized by section 16131 of
                                                 title 10, United States Code; and for payments to the Department
                                                 of Defense Military Retirement Fund, $4,041,695,000.
                                                                     NATIONAL GUARD PERSONNEL, AIR FORCE
                                                     For pay, allowances, clothing, subsistence, gratuities, travel,
                                                 and related expenses for personnel of the Air National Guard on
                                                 duty under section 10211, 10305, or 12402 of title 10 or section
                                                 708 of title 32, United States Code, or while serving on duty
                                                 under section 12301(d) of title 10 or section 502(f) of title 32,
                                                 United States Code, in connection with performing duty specified
                                                 in section 12310(a) of title 10, United States Code, or while under-
                                                 going training, or while performing drills or equivalent duty or
                                                 other duty, and expenses authorized by section 16131 of title 10,
                                                 United States Code; and for payments to the Department of Defense
                                                 Military Retirement Fund, $1,784,654,000.
                                                                                             TITLE II
                                                                        OPERATION AND MAINTENANCE
                                                                        OPERATION AND MAINTENANCE, ARMY
                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                     For expenses, not otherwise provided for, necessary for the
                                                 operation and maintenance of the Army, as authorized by law;
                                                 and not to exceed $10,794,000 can be used for emergencies and




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2233

                          extraordinary expenses, to be expended on the approval or authority
                          of the Secretary of the Army, and payments may be made on
                          his certificate of necessity for confidential military purposes,
                          $22,335,074,000: Provided, That of the funds made available under
                          this heading, $1,000,000, to remain available until expended, shall
                          be transferred to ‘‘National Park Service—Construction’’ within 30
                          days of the enactment of this Act, only for necessary infrastructure
                          repair improvements at Fort Baker, under the management of
                          the Golden Gate Recreation Area: Provided further, That of the
                          funds appropriated in this paragraph, not less than $355,000,000
                          shall be made available only for conventional ammunition care
                          and maintenance.

                                                 OPERATION AND MAINTENANCE, NAVY
                              For expenses, not otherwise provided for, necessary for the
                          operation and maintenance of the Navy and the Marine Corps,
                          as authorized by law; and not to exceed $6,000,000 can be used
                          for emergencies and extraordinary expenses, to be expended on
                          the approval or authority of the Secretary of the Navy, and pay-
                          ments may be made on his certificate of necessity for confidential
                          military purposes, $26,876,636,000.

                                           OPERATION AND MAINTENANCE, MARINE CORPS
                               For expenses, not otherwise provided for, necessary for the
                          operation and maintenance of the Marine Corps, as authorized
                          by law, $2,931,934,000.

                                             OPERATION AND MAINTENANCE, AIR FORCE
                              For expenses, not otherwise provided for, necessary for the
                          operation and maintenance of the Air Force, as authorized by law;
                          and not to exceed $7,998,000 can be used for emergencies and
                          extraordinary expenses, to be expended on the approval or authority
                          of the Secretary of the Air Force, and payments may be made
                          on his certificate of necessity for confidential military purposes,
                          $26,026,789,000: Provided, That notwithstanding any other provi-
                          sion of law, that of the funds available under this heading, $750,000
                          shall only be available to the Secretary of the Air Force for a
                          grant to Florida Memorial College for the purpose of funding
                          minority aviation training.

                                           OPERATION AND MAINTENANCE, DEFENSE-WIDE
                               For expenses, not otherwise provided for, necessary for the
                          operation and maintenance of activities and agencies of the Depart-
                          ment of Defense (other than the military departments), as author-
                          ized by law, $12,773,270,000, of which not to exceed $25,000,000
                          may be available for the CINC initiative fund account; and of
                          which not to exceed $33,500,000 can be used for emergencies and
                          extraordinary expenses, to be expended on the approval or authority
                          of the Secretary of Defense, and payments may be made on his
                          certificate of necessity for confidential military purposes: Provided,
                          That notwithstanding any other provision of law, of the funds
                          provided in this Act for Civil Military programs under this heading,
                          $750,000 shall be available for a grant for Outdoor Odyssey, Roaring




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                          115 STAT. 2234                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 Run, Pennsylvania, to support the Youth Development and Leader-
                                                 ship program and Department of Defense STARBASE program:
                                                 Provided further, That of the funds made available in this para-
                                                 graph, $1,000,000 shall be available only for continuation of the
                                                 Middle East Regional Security Issues program: Provided further,
                                                 That none of the funds appropriated or otherwise made available
                                                 by this Act may be used to plan or implement the consolidation
                                                 of a budget or appropriations liaison office of the Office of the
                                                 Secretary of Defense, the office of the Secretary of a military depart-
                                                 ment, or the service headquarters of one of the Armed Forces
                                                 into a legislative affairs or legislative liaison office.

                                                                   OPERATION AND MAINTENANCE, ARMY RESERVE
                                                     For expenses, not otherwise provided for, necessary for the
                                                 operation and maintenance, including training, organization, and
                                                 administration, of the Army Reserve; repair of facilities and equip-
                                                 ment; hire of passenger motor vehicles; travel and transportation;
                                                 care of the dead; recruiting; procurement of services, supplies, and
                                                 equipment; and communications, $1,771,246,000.

                                                                   OPERATION AND MAINTENANCE, NAVY RESERVE
                                                     For expenses, not otherwise provided for, necessary for the
                                                 operation and maintenance, including training, organization, and
                                                 administration, of the Navy Reserve; repair of facilities and equip-
                                                 ment; hire of passenger motor vehicles; travel and transportation;
                                                 care of the dead; recruiting; procurement of services, supplies, and
                                                 equipment; and communications, $1,003,690,000.

                                                          OPERATION AND MAINTENANCE, MARINE CORPS RESERVE
                                                     For expenses, not otherwise provided for, necessary for the
                                                 operation and maintenance, including training, organization, and
                                                 administration, of the Marine Corps Reserve; repair of facilities
                                                 and equipment; hire of passenger motor vehicles; travel and
                                                 transportation; care of the dead; recruiting; procurement of services,
                                                 supplies, and equipment; and communications, $144,023,000.

                                                             OPERATION AND MAINTENANCE, AIR FORCE RESERVE
                                                      For expenses, not otherwise provided for, necessary for the
                                                 operation and maintenance, including training, organization, and
                                                 administration, of the Air Force Reserve; repair of facilities and
                                                 equipment; hire of passenger motor vehicles; travel and transpor-
                                                 tation; care of the dead; recruiting; procurement of services, sup-
                                                 plies, and equipment; and communications, $2,024,866,000.

                                                           OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD
                                                     For expenses of training, organizing, and administering the
                                                 Army National Guard, including medical and hospital treatment
                                                 and related expenses in non-Federal hospitals; maintenance, oper-
                                                 ation, and repairs to structures and facilities; hire of passenger
                                                 motor vehicles; personnel services in the National Guard Bureau;
                                                 travel expenses (other than mileage), as authorized by law for
                                                 Army personnel on active duty, for Army National Guard division,
                                                 regimental, and battalion commanders while inspecting units in




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2235

                          compliance with National Guard Bureau regulations when specifi-
                          cally authorized by the Chief, National Guard Bureau; supplying
                          and equipping the Army National Guard as authorized by law;
                          and expenses of repair, modification, maintenance, and issue of
                          supplies and equipment (including aircraft), $3,768,058,000.

                                    OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
                               For operation and maintenance of the Air National Guard,
                          including medical and hospital treatment and related expenses
                          in non-Federal hospitals; maintenance, operation, repair, and other
                          necessary expenses of facilities for the training and administration
                          of the Air National Guard, including repair of facilities, mainte-
                          nance, operation, and modification of aircraft; transportation of
                          things, hire of passenger motor vehicles; supplies, materials, and
                          equipment, as authorized by law for the Air National Guard; and
                          expenses incident to the maintenance and use of supplies, materials,
                          and equipment, including such as may be furnished from stocks
                          under the control of agencies of the Department of Defense; travel
                          expenses (other than mileage) on the same basis as authorized
                          by law for Air National Guard personnel on active Federal duty,
                          for Air National Guard commanders while inspecting units in
                          compliance with National Guard Bureau regulations when specifi-
                          cally authorized by the Chief, National Guard Bureau,
                          $3,988,961,000.

                                    OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND

                                                        (INCLUDING TRANSFER OF FUNDS)
                              For expenses directly relating to Overseas Contingency Oper-
                          ations by United States military forces, $50,000,000, to remain
                          available until expended: Provided, That the Secretary of Defense
                          may transfer these funds only to military personnel accounts; oper-
                          ation and maintenance accounts within this title; the Defense
                          Health Program appropriation; procurement accounts; research,
                          development, test and evaluation accounts; and to working capital
                          funds: Provided further, That the funds transferred shall be merged
                          with and shall be available for the same purposes and for the
                          same time period, as the appropriation to which transferred: Pro-
                          vided further, That upon a determination that all or part of the
                          funds transferred from this appropriation are not necessary for
                          the purposes provided herein, such amounts may be transferred
                          back to this appropriation: Provided further, That the transfer
                          authority provided in this paragraph is in addition to any other
                          transfer authority contained elsewhere in this Act.

                                UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES
                              For salaries and expenses necessary for the United States
                          Court of Appeals for the Armed Forces, $9,096,000, of which not
                          to exceed $2,500 can be used for official representation purposes.




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                          115 STAT. 2236                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                        ENVIRONMENTAL RESTORATION, ARMY

                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                     For the Department of the Army, $389,800,000, to remain
                                                 available until transferred: Provided, That the Secretary of the
                                                 Army shall, upon determining that such funds are required for
                                                 environmental restoration, reduction and recycling of hazardous
                                                 waste, removal of unsafe buildings and debris of the Department
                                                 of the Army, or for similar purposes, transfer the funds made
                                                 available by this appropriation to other appropriations made avail-
                                                 able to the Department of the Army, to be merged with and to
                                                 be available for the same purposes and for the same time period
                                                 as the appropriations to which transferred: Provided further, That
                                                 upon a determination that all or part of the funds transferred
                                                 from this appropriation are not necessary for the purposes provided
                                                 herein, such amounts may be transferred back to this appropriation.

                                                                        ENVIRONMENTAL RESTORATION, NAVY

                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      For the Department of the Navy, $257,517,000, to remain avail-
                                                 able until transferred: Provided, That the Secretary of the Navy
                                                 shall, upon determining that such funds are required for environ-
                                                 mental restoration, reduction and recycling of hazardous waste,
                                                 removal of unsafe buildings and debris of the Department of the
                                                 Navy, or for similar purposes, transfer the funds made available
                                                 by this appropriation to other appropriations made available to
                                                 the Department of the Navy, to be merged with and to be available
                                                 for the same purposes and for the same time period as the appro-
                                                 priations to which transferred: Provided further, That upon a deter-
                                                 mination that all or part of the funds transferred from this appro-
                                                 priation are not necessary for the purposes provided herein, such
                                                 amounts may be transferred back to this appropriation.

                                                                    ENVIRONMENTAL RESTORATION, AIR FORCE

                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      For the Department of the Air Force, $385,437,000, to remain
                                                 available until transferred: Provided, That the Secretary of the
                                                 Air Force shall, upon determining that such funds are required
                                                 for environmental restoration, reduction and recycling of hazardous
                                                 waste, removal of unsafe buildings and debris of the Department
                                                 of the Air Force, or for similar purposes, transfer the funds made
                                                 available by this appropriation to other appropriations made avail-
                                                 able to the Department of the Air Force, to be merged with and
                                                 to be available for the same purposes and for the same time period
                                                 as the appropriations to which transferred: Provided further, That
                                                 upon a determination that all or part of the funds transferred
                                                 from this appropriation are not necessary for the purposes provided
                                                 herein, such amounts may be transferred back to this appropriation.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2237

                                           ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

                                                        (INCLUDING TRANSFER OF FUNDS)
                               For the Department of Defense, $23,492,000, to remain avail-
                          able until transferred: Provided, That the Secretary of Defense
                          shall, upon determining that such funds are required for environ-
                          mental restoration, reduction and recycling of hazardous waste,
                          removal of unsafe buildings and debris of the Department of
                          Defense, or for similar purposes, transfer the funds made available
                          by this appropriation to other appropriations made available to
                          the Department of Defense, to be merged with and to be available
                          for the same purposes and for the same time period as the appro-
                          priations to which transferred: Provided further, That upon a deter-
                          mination that all or part of the funds transferred from this appro-
                          priation are not necessary for the purposes provided herein, such
                          amounts may be transferred back to this appropriation.

                            ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES

                                                        (INCLUDING TRANSFER OF FUNDS)
                              For the Department of the Army, $222,255,000, to remain
                          available until transferred: Provided, That the Secretary of the
                          Army shall, upon determining that such funds are required for
                          environmental restoration, reduction and recycling of hazardous
                          waste, removal of unsafe buildings and debris at sites formerly
                          used by the Department of Defense, transfer the funds made avail-
                          able by this appropriation to other appropriations made available
                          to the Department of the Army, to be merged with and to be
                          available for the same purposes and for the same time period
                          as the appropriations to which transferred: Provided further, That
                          upon a determination that all or part of the funds transferred
                          from this appropriation are not necessary for the purposes provided
                          herein, such amounts may be transferred back to this appropriation.

                                      OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
                               For expenses relating to the Overseas Humanitarian, Disaster,
                          and Civic Aid programs of the Department of Defense (consisting
                          of the programs provided under sections 401, 402, 404, 2547, and
                          2551 of title 10, United States Code), $49,700,000, to remain avail-
                          able until September 30, 2003.

                            SUPPORT FOR INTERNATIONAL SPORTING COMPETITIONS, DEFENSE
                              For logistical and security support for international sporting
                          competitions (including pay and non-travel related allowances only
                          for members of the Reserve Components of the Armed Forces of
                          the United States called or ordered to active duty in connection
                          with providing such support), $15,800,000, to remain available until
                          expended.




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                          115 STAT. 2238                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                                             TITLE III
                                                                                       PROCUREMENT
                                                                               AIRCRAFT PROCUREMENT, ARMY
                                                     For construction, procurement, production, modification, and
                                                 modernization of aircraft, equipment, including ordnance, ground
                                                 handling equipment, spare parts, and accessories therefor; special-
                                                 ized equipment and training devices; expansion of public and private
                                                 plants, including the land necessary therefor, for the foregoing
                                                 purposes, and such lands and interests therein, may be acquired,
                                                 and construction prosecuted thereon prior to approval of title; and
                                                 procurement and installation of equipment, appliances, and
                                                 machine tools in public and private plants; reserve plant and
                                                 Government and contractor-owned equipment layaway; and other
                                                 expenses necessary for the foregoing purposes, $1,984,391,000, to
                                                 remain available for obligation until September 30, 2004.
                                                                               MISSILE PROCUREMENT, ARMY
                                                     For construction, procurement, production, modification, and
                                                 modernization of missiles, equipment, including ordnance, ground
                                                 handling equipment, spare parts, and accessories therefor; special-
                                                 ized equipment and training devices; expansion of public and private
                                                 plants, including the land necessary therefor, for the foregoing
                                                 purposes, and such lands and interests therein, may be acquired,
                                                 and construction prosecuted thereon prior to approval of title; and
                                                 procurement and installation of equipment, appliances, and
                                                 machine tools in public and private plants; reserve plant and
                                                 Government and contractor-owned equipment layaway; and other
                                                 expenses necessary for the foregoing purposes, $1,079,330,000, to
                                                 remain available for obligation until September 30, 2004.
                                                        PROCUREMENT OF WEAPONS AND TRACKED COMBAT VEHICLES,
                                                                              ARMY
                                                      For construction, procurement, production, and modification
                                                 of weapons and tracked combat vehicles, equipment, including ord-
                                                 nance, spare parts, and accessories therefor; specialized equipment
                                                 and training devices; expansion of public and private plants,
                                                 including the land necessary therefor, for the foregoing purposes,
                                                 and such lands and interests therein, may be acquired, and
                                                 construction prosecuted thereon prior to approval of title; and
                                                 procurement and installation of equipment, appliances, and
                                                 machine tools in public and private plants; reserve plant and
                                                 Government and contractor-owned equipment layaway; and other
                                                 expenses necessary for the foregoing purposes, $2,193,746,000, to
                                                 remain available for obligation until September 30, 2004.
                                                                       PROCUREMENT OF AMMUNITION, ARMY
                                                     For construction, procurement, production, and modification
                                                 of ammunition, and accessories therefor; specialized equipment and
                                                 training devices; expansion of public and private plants, including
                                                 ammunition facilities authorized by section 2854 of title 10, United
                                                 States Code, and the land necessary therefor, for the foregoing
                                                 purposes, and such lands and interests therein, may be acquired,




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2239

                          and construction prosecuted thereon prior to approval of title; and
                          procurement and installation of equipment, appliances, and
                          machine tools in public and private plants; reserve plant and
                          Government and contractor-owned equipment layaway; and other
                          expenses necessary for the foregoing purposes, $1,200,465,000, to
                          remain available for obligation until September 30, 2004.

                                                         OTHER PROCUREMENT, ARMY
                               For construction, procurement, production, and modification
                          of vehicles, including tactical, support, and non-tracked combat
                          vehicles; the purchase of not to exceed 29 passenger motor vehicles
                          for replacement only; and the purchase of 3 vehicles required for
                          physical security of personnel, notwithstanding price limitations
                          applicable to passenger vehicles but not to exceed $200,000 per
                          vehicle; communications and electronic equipment; other support
                          equipment; spare parts, ordnance, and accessories therefor; special-
                          ized equipment and training devices; expansion of public and private
                          plants, including the land necessary therefor, for the foregoing
                          purposes, and such lands and interests therein, may be acquired,
                          and construction prosecuted thereon prior to approval of title; and
                          procurement and installation of equipment, appliances, and
                          machine tools in public and private plants; reserve plant and
                          Government and contractor-owned equipment layaway; and other
                          expenses necessary for the foregoing purposes, $4,183,736,000, to
                          remain available for obligation until September 30, 2004.

                                                        AIRCRAFT PROCUREMENT, NAVY
                               For construction, procurement, production, modification, and
                          modernization of aircraft, equipment, including ordnance, spare
                          parts, and accessories therefor; specialized equipment; expansion
                          of public and private plants, including the land necessary therefor,
                          and such lands and interests therein, may be acquired, and
                          construction prosecuted thereon prior to approval of title; and
                          procurement and installation of equipment, appliances, and
                          machine tools in public and private plants; reserve plant and
                          Government      and     contractor-owned     equipment     layaway,
                          $7,938,143,000, to remain available for obligation until September
                          30, 2004.

                                                        WEAPONS PROCUREMENT, NAVY
                               For construction, procurement, production, modification, and
                          modernization of missiles, torpedoes, other weapons, and related
                          support equipment including spare parts, and accessories therefor;
                          expansion of public and private plants, including the land necessary
                          therefor, and such lands and interests therein, may be acquired,
                          and construction prosecuted thereon prior to approval of title; and
                          procurement and installation of equipment, appliances, and
                          machine tools in public and private plants; reserve plant and
                          Government      and     contractor-owned     equipment      layaway,
                          $1,429,592,000, to remain available for obligation until September
                          30, 2004.




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                          115 STAT. 2240                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                         PROCUREMENT OF AMMUNITION, NAVY AND MARINE CORPS
                                                     For construction, procurement, production, and modification
                                                 of ammunition, and accessories therefor; specialized equipment and
                                                 training devices; expansion of public and private plants, including
                                                 ammunition facilities authorized by section 2854 of title 10, United
                                                 States Code, and the land necessary therefor, for the foregoing
                                                 purposes, and such lands and interests therein, may be acquired,
                                                 and construction prosecuted thereon prior to approval of title; and
                                                 procurement and installation of equipment, appliances, and
                                                 machine tools in public and private plants; reserve plant and
                                                 Government and contractor-owned equipment layaway; and other
                                                 expenses necessary for the foregoing purposes, $461,399,000, to
                                                 remain available for obligation until September 30, 2004.
                                                                       SHIPBUILDING AND CONVERSION, NAVY
                                                      For expenses necessary for the construction, acquisition, or
                                                 conversion of vessels as authorized by law, including armor and
                                                 armament thereof, plant equipment, appliances, and machine tools
                                                 and installation thereof in public and private plants; reserve plant
                                                 and Government and contractor-owned equipment layaway;
                                                 procurement of critical, long leadtime components and designs for
                                                 vessels to be constructed or converted in the future; and expansion
                                                 of public and private plants, including land necessary therefor,
                                                 and such lands and interests therein, may be acquired, and
                                                 construction prosecuted thereon prior to approval of title, as follows:
                                                          Carrier Replacement Program (AP), $138,890,000;
                                                          SSGN (AP), $365,440,000;
                                                          NSSN, $1,578,914,000;
                                                          NSSN (AP), $684,288,000;
                                                          CVN Refuelings, $1,148,124,000;
                                                          CVN Refuelings (AP), $73,707,000;
                                                          Submarine Refuelings, $382,265,000;
                                                          Submarine Refuelings (AP), $77,750,000;
                                                          DDG–51 destroyer program, $2,966,036,000;
                                                          DDG–51 (AP), $125,000,000;
                                                          Cruiser conversion (AP), $75,000,000;
                                                          LPD–17 (AP), $155,000,000;
                                                          T-AKE, $370,818,000;
                                                          LHD–8, $267,238,000;
                                                          LCAC landing craft air cushion program, $46,091,000;
                                                          Prior year shipbuilding costs, $729,248,000;
                                                          Mine Hunter SWATH, $1,000,000;
                                                          Yard Oilers, $3,000,000; and
                                                          For craft, outfitting, post delivery, conversions, and first
                                                      destination transformation transportation, $302,230,000;
                                                 In all: $9,490,039,000, to remain available for obligation until Sep-
                                                 tember 30, 2006: Provided, That additional obligations may be
                                                 incurred after September 30, 2006, for engineering services, tests,
                                                 evaluations, and other such budgeted work that must be performed
                                                 in the final stage of ship construction: Provided further, That none
                                                 of the funds provided under this heading for the construction or
                                                 conversion of any naval vessel to be constructed in shipyards in
                                                 the United States shall be expended in foreign facilities for the
                                                 construction of major components of such vessel: Provided further,
                                                 That none of the funds provided under this heading shall be used
                                                 for the construction of any naval vessel in foreign shipyards.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2241

                                                        OTHER PROCUREMENT, NAVY
                               For procurement, production, and modernization of support
                          equipment and materials not otherwise provided for, Navy ordnance
                          (except ordnance for new aircraft, new ships, and ships authorized
                          for conversion); the purchase of not to exceed 152 passenger motor
                          vehicles for replacement only, and the purchase of five vehicles
                          required for physical security of personnel, notwithstanding price
                          limitations applicable to passenger vehicles but not to exceed
                          $200,000 per unit for two units and not to exceed $115,000 per
                          unit for the remaining three units; expansion of public and private
                          plants, including the land necessary therefor, and such lands and
                          interests therein, may be acquired, and construction prosecuted
                          thereon prior to approval of title; and procurement and installation
                          of equipment, appliances, and machine tools in public and private
                          plants; reserve plant and Government and contractor-owned equip-
                          ment layaway, $4,270,976,000, to remain available for obligation
                          until September 30, 2004.
                                                        PROCUREMENT, MARINE CORPS
                               For expenses necessary for the procurement, manufacture, and
                          modification of missiles, armament, military equipment, spare
                          parts, and accessories therefor; plant equipment, appliances, and
                          machine tools, and installation thereof in public and private plants;
                          reserve plant and Government and contractor-owned equipment
                          layaway; vehicles for the Marine Corps, including the purchase
                          of not to exceed 25 passenger motor vehicles for replacement only;
                          and expansion of public and private plants, including land necessary
                          therefor, and such lands and interests therein, may be acquired,
                          and construction prosecuted thereon prior to approval of title,
                          $995,442,000, to remain available for obligation until September
                          30, 2004.
                                                  AIRCRAFT PROCUREMENT, AIR FORCE
                               For construction, procurement, lease, and modification of air-
                          craft and equipment, including armor and armament, specialized
                          ground handling equipment, and training devices, spare parts, and
                          accessories therefor; specialized equipment; expansion of public and
                          private plants, Government-owned equipment and installation
                          thereof in such plants, erection of structures, and acquisition of
                          land, for the foregoing purposes, and such lands and interests
                          therein, may be acquired, and construction prosecuted thereon prior
                          to approval of title; reserve plant and Government and contractor-
                          owned equipment layaway; and other expenses necessary for the
                          foregoing purposes including rents and transportation of things,
                          $10,567,038,000, to remain available for obligation until September
                          30, 2004.
                                                   MISSILE PROCUREMENT, AIR FORCE
                              For construction, procurement, and modification of missiles,
                          spacecraft, rockets, and related equipment, including spare parts
                          and accessories therefor, ground handling equipment, and training
                          devices; expansion of public and private plants, Government-owned
                          equipment and installation thereof in such plants, erection of struc-
                          tures, and acquisition of land, for the foregoing purposes, and




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                          115 STAT. 2242                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 such lands and interests therein, may be acquired, and construction
                                                 prosecuted thereon prior to approval of title; reserve plant and
                                                 Government and contractor-owned equipment layaway; and other
                                                 expenses necessary for the foregoing purposes including rents and
                                                 transportation of things, $2,989,524,000, to remain available for
                                                 obligation until September 30, 2004.
                                                                    PROCUREMENT OF AMMUNITION, AIR FORCE
                                                     For construction, procurement, production, and modification
                                                 of ammunition, and accessories therefor; specialized equipment and
                                                 training devices; expansion of public and private plants, including
                                                 ammunition facilities authorized by section 2854 of title 10, United
                                                 States Code, and the land necessary therefor, for the foregoing
                                                 purposes, and such lands and interests therein, may be acquired,
                                                 and construction prosecuted thereon prior to approval of title; and
                                                 procurement and installation of equipment, appliances, and
                                                 machine tools in public and private plants; reserve plant and
                                                 Government and contractor-owned equipment layaway; and other
                                                 expenses necessary for the foregoing purposes, $866,644,000, to
                                                 remain available for obligation until September 30, 2004.
                                                                          OTHER PROCUREMENT, AIR FORCE
                                                      For procurement and modification of equipment (including
                                                 ground guidance and electronic control equipment, and ground elec-
                                                 tronic and communication equipment), and supplies, materials, and
                                                 spare parts therefor, not otherwise provided for; the purchase of
                                                 not to exceed 216 passenger motor vehicles for replacement only,
                                                 and the purchase of three vehicles required for physical security
                                                 of personnel, notwithstanding price limitations applicable to pas-
                                                 senger vehicles but not to exceed $200,000 per vehicle; lease of
                                                 passenger motor vehicles; and expansion of public and private
                                                 plants, Government-owned equipment and installation thereof in
                                                 such plants, erection of structures, and acquisition of land, for
                                                 the foregoing purposes, and such lands and interests therein, may
                                                 be acquired, and construction prosecuted thereon, prior to approval
                                                 of title; reserve plant and Government and contractor-owned equip-
                                                 ment layaway, $8,085,863,000, to remain available for obligation
                                                 until September 30, 2004.
                                                                               PROCUREMENT, DEFENSE-WIDE
                                                      For expenses of activities and agencies of the Department of
                                                 Defense (other than the military departments) necessary for
                                                 procurement, production, and modification of equipment, supplies,
                                                 materials, and spare parts therefor, not otherwise provided for;
                                                 the purchase of not to exceed 65 passenger motor vehicles for
                                                 replacement only; the purchase of 4 vehicles required for physical
                                                 security of personnel, notwithstanding price limitations applicable
                                                 to passenger vehicles but not to exceed $250,000 per vehicle; expan-
                                                 sion of public and private plants, equipment, and installation
                                                 thereof in such plants, erection of structures, and acquisition of
                                                 land for the foregoing purposes, and such lands and interests
                                                 therein, may be acquired, and construction prosecuted thereon prior
                                                 to approval of title; reserve plant and Government and contractor-
                                                 owned equipment layaway, $2,389,490,000, to remain available for
                                                 obligation until September 30, 2004: Provided, That funds provided




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2243

                          under this heading for Patriot Advanced Capability 3 (PAC–3)
                          missiles may be used for procurement of critical parts for PAC–
                          3 missiles to support production of such missiles in future fiscal
                          years.

                                                DEFENSE PRODUCTION ACT PURCHASES
                               For activities by the Department of Defense pursuant to sec-
                          tions 108, 301, 302, and 303 of the Defense Production Act of
                          1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093), $40,000,000
                          to remain available until expended, of which, $2,000,000 may be
                          used for a Processible Rigid-Rod Polymeric Material Supplier Initia-
                          tive under title III of the Defense Production Act of 1950 (50
                          U.S.C. App. 2091 et seq.) to develop affordable production methods
                          and a domestic supplier for military and commercial processible
                          rigid-rod materials.

                                            NATIONAL GUARD AND RESERVE EQUIPMENT
                               For procurement of aircraft, missiles, tracked combat vehicles,
                          ammunition, other weapons, and other procurement for the reserve
                          components of the Armed Forces, $699,130,000, to remain available
                          for obligation until September 30, 2004: Provided, That the Chiefs                                    Deadline.
                          of the Reserve and National Guard components shall, not later
                          than 30 days after the enactment of this Act, individually submit
                          to the congressional defense committees the modernization priority
                          assessment for their respective Reserve or National Guard compo-
                          nent: Provided further, That of the funds appropriated under this
                          heading, $148,430,000 shall be available only for the procurement
                          of C–130J aircraft to be used solely for western states firefighting.

                                                                      TITLE IV

                                RESEARCH, DEVELOPMENT, TEST AND EVALUATION

                                  RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY
                               For expenses necessary for basic and applied scientific research,
                          development, test and evaluation, including maintenance,
                          rehabilitation, lease, and operation of facilities and equipment,
                          $7,106,074,000, to remain available for obligation until September
                          30, 2003.

                                  RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
                               For expenses necessary for basic and applied scientific research,
                          development, test and evaluation, including maintenance,
                          rehabilitation, lease, and operation of facilities and equipment,
                          $11,498,506,000, to remain available for obligation until September
                          30, 2003.

                              RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE
                               For expenses necessary for basic and applied scientific research,
                          development, test and evaluation, including maintenance,
                          rehabilitation, lease, and operation of facilities and equipment,
                          $14,669,931,000, to remain available for obligation until September
                          30, 2003.




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                          115 STAT. 2244                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                   RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE
                                                     For expenses of activities and agencies of the Department of
                                                 Defense (other than the military departments), necessary for basic
                                                 and applied scientific research, development, test and evaluation;
                                                 advanced research projects as may be designated and determined
                                                 by the Secretary of Defense, pursuant to law; maintenance,
                                                 rehabilitation, lease, and operation of facilities and equipment,
                                                 $15,415,275,000, to remain available for obligation until September
                                                 30, 2003: Provided, That for funds provided under this heading
                                                 for ballistic missile defense programs, the minimum amount
                                                 applicable under section 9(f)(1)(C) of the Small Business Act (15
                                                 U.S.C. 638(f)(1)(C)) shall be $75,000,000 (in lieu of the amount
                                                 otherwise applicable for those programs under that section).

                                                                   OPERATIONAL TEST AND EVALUATION, DEFENSE
                                                      For expenses, not otherwise provided for, necessary for the
                                                 independent activities of the Director, Operational Test and Evalua-
                                                 tion in the direction and supervision of operational test and evalua-
                                                 tion, including initial operational test and evaluation which is con-
                                                 ducted prior to, and in support of, production decisions; joint oper-
                                                 ational testing and evaluation; and administrative expenses in
                                                 connection therewith, $231,855,000, to remain available for obliga-
                                                 tion until September 30, 2003.

                                                                                             TITLE V

                                                                   REVOLVING AND MANAGEMENT FUNDS

                                                                         DEFENSE WORKING CAPITAL FUNDS
                                                     For the Defense Working Capital Funds, $1,312,986,000: Pro-
                                                 vided, That during fiscal year 2002, funds in the Defense Working
                                                 Capital Funds may be used for the purchase of not to exceed
                                                 330 passenger carrying motor vehicles for replacement only for
                                                 the Defense Security Service.

                                                                          NATIONAL DEFENSE SEALIFT FUND
                                                      For National Defense Sealift Fund programs, projects, and
                                                 activities, and for expenses of the National Defense Reserve Fleet,
                                                 as established by section 11 of the Merchant Ship Sales Act of
                                                 1946 (50 U.S.C. App. 1744), and for the necessary expenses to
                                                 maintain and preserve a U.S.-flag merchant fleet to serve the
                                                 national security needs of the United States, $432,408,000, to
                                                 remain available until expended: Provided, That none of the funds
                                                 provided in this paragraph shall be used to award a new contract
                                                 that provides for the acquisition of any of the following major
                                                 components unless such components are manufactured in the
                                                 United States: auxiliary equipment, including pumps, for all ship-
                                                 board services; propulsion system components (that is; engines,
                                                 reduction gears, and propellers); shipboard cranes; and spreaders
                                                 for shipboard cranes: Provided further, That the exercise of an
                                                 option in a contract awarded through the obligation of previously
                                                 appropriated funds shall not be considered to be the award of
                                                 a new contract: Provided further, That the Secretary of the military




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2245

                          department responsible for such procurement may waive the restric-
                          tions in the first proviso on a case-by-case basis by certifying in
                          writing to the Committees on Appropriations of the House of Rep-
                          resentatives and the Senate that adequate domestic supplies are
                          not available to meet Department of Defense requirements on a
                          timely basis and that such an acquisition must be made in order
                          to acquire capability for national security purposes: Provided fur-
                          ther, That, notwithstanding any other provision of law, $25,000,000
                          of the funds available under this heading shall be available only
                          to finance the cost of constructing additional sealift capacity.

                                                                       TITLE VI

                                     OTHER DEPARTMENT OF DEFENSE PROGRAMS

                                                          DEFENSE HEALTH PROGRAM
                               For expenses, not otherwise provided for, for medical and health
                          care programs of the Department of Defense, as authorized by
                          law, $18,391,194,000, of which $17,659,475,000 shall be for Oper-
                          ation and maintenance, of which not to exceed 2 percent shall
                          remain available until September 30, 2003; of which $267,915,000,
                          to remain available for obligation until September 30, 2004, shall
                          be for Procurement; of which $463,804,000, to remain available
                          for obligation until September 30, 2003, shall be for Research,
                          development, test and evaluation, and of which $14,000,000 shall
                          be available for HIV prevention educational activities undertaken
                          in connection with U.S. military training, exercises, and humani-
                          tarian assistance activities conducted in African nations.

                                   CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, ARMY
                              For expenses, not otherwise provided for, necessary for the
                          destruction of the United States stockpile of lethal chemical agents
                          and munitions in accordance with the provisions of section 1412
                          of the Department of Defense Authorization Act, 1986 (50 U.S.C.
                          1521), and for the destruction of other chemical warfare materials
                          that are not in the chemical weapon stockpile, $1,105,557,000,
                          of which $739,020,000 shall be for Operation and maintenance
                          to remain available until September 30, 2003, $164,158,000 shall
                          be for Procurement to remain available until September 30, 2004,
                          and $202,379,000 shall be for Research, development, test and
                          evaluation to remain available until September 30, 2003.

                              DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE

                                                        (INCLUDING TRANSFER OF FUNDS)
                              For drug interdiction and counter-drug activities of the Depart-
                          ment of Defense, for transfer to appropriations available to the
                          Department of Defense for military personnel of the reserve compo-
                          nents serving under the provisions of title 10 and title 32, United
                          States Code; for Operation and maintenance; for Procurement; and
                          for Research, development, test and evaluation, $842,581,000: Pro-
                          vided, That the funds appropriated under this heading shall be
                          available for obligation for the same time period and for the same
                          purpose as the appropriation to which transferred: Provided further,




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                          115 STAT. 2246                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 That the transfer authority provided under this heading is in addi-
                                                 tion to any other transfer authority contained elsewhere in this
                                                 Act.

                                                                         OFFICE OF THE INSPECTOR GENERAL
                                                      For expenses and activities of the Office of the Inspector Gen-
                                                 eral in carrying out the provisions of the Inspector General Act
                                                 of 1978, as amended, $152,021,000, of which $150,221,000 shall
                                                 be for Operation and maintenance, of which not to exceed $700,000
                                                 is available for emergencies and extraordinary expenses to be
                                                 expended on the approval or authority of the Inspector General,
                                                 and payments may be made on the Inspector General’s certificate
                                                 of necessity for confidential military purposes; and of which
                                                 $1,800,000 to remain available until September 30, 2004, shall
                                                 be for Procurement.

                                                                                            TITLE VII

                                                                                  RELATED AGENCIES

                                                        CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
                                                                            SYSTEM FUND
                                                     For payment to the Central Intelligence Agency Retirement
                                                 and Disability System Fund, to maintain the proper funding level
                                                 for continuing the operation of the Central Intelligence Agency
                                                 Retirement and Disability System, $212,000,000.

                                                              INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT

                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      For necessary expenses of the Intelligence Community Manage-
                                                 ment Account, $160,429,000, of which $28,003,000 for the Advanced
                                                 Research and Development Committee shall remain available until
                                                 September 30, 2003: Provided, That of the funds appropriated under
                                                 this heading, $42,752,000 shall be transferred to the Department
                                                 of Justice for the National Drug Intelligence Center to support
                                                 the Department of Defense’s counter-drug intelligence responsibil-
                                                 ities, and of the said amount, $1,500,000 for Procurement shall
                                                 remain available until September 30, 2004, and $1,000,000 for
                                                 Research, development, test and evaluation shall remain available
                                                 until September 30, 2003: Provided further, That the National
                                                 Drug Intelligence Center shall maintain the personnel and technical
                                                 resources to provide timely support to law enforcement authorities
                                                 to conduct document exploitation of materials collected in Federal,
                                                 State, and local law enforcement activity.

                                                  PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, REMEDIATION, AND
                                                              ENVIRONMENTAL RESTORATION FUND
                                                     For payment to Kaho’olawe Island Conveyance, Remediation,
                                                 and Environmental Restoration Fund, as authorized by law,
                                                 $67,500,000, to remain available until expended.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2247

                                           NATIONAL SECURITY EDUCATION TRUST FUND
                              For the purposes of title VIII of Public Law 102–183,
                          $8,000,000, to be derived from the National Security Education
                          Trust Fund, to remain available until expended.
                                                                    TITLE VIII
                                GENERAL PROVISIONS—DEPARTMENT OF DEFENSE
                               SEC. 8001. No part of any appropriation contained in this
                          Act shall be used for publicity or propaganda purposes not author-
                          ized by the Congress.
                               SEC. 8002. During the current fiscal year, provisions of law                                     10 USC 1584
                          prohibiting the payment of compensation to, or employment of,                                         note.
                          any person not a citizen of the United States shall not apply
                          to personnel of the Department of Defense: Provided, That salary
                          increases granted to direct and indirect hire foreign national
                          employees of the Department of Defense funded by this Act shall
                          not be at a rate in excess of the percentage increase authorized
                          by law for civilian employees of the Department of Defense whose
                          pay is computed under the provisions of section 5332 of title 5,
                          United States Code, or at a rate in excess of the percentage increase
                          provided by the appropriate host nation to its own employees,
                          whichever is higher: Provided further, That this section shall not
                          apply to Department of Defense foreign service national employees
                          serving at United States diplomatic missions whose pay is set
                          by the Department of State under the Foreign Service Act of 1980:
                          Provided further, That the limitations of this provision shall not
                          apply to foreign national employees of the Department of Defense
                          in the Republic of Turkey.
                               SEC. 8003. No part of any appropriation contained in this
                          Act shall remain available for obligation beyond the current fiscal
                          year, unless expressly so provided herein.
                               SEC. 8004. No more than 20 percent of the appropriations
                          in this Act which are limited for obligation during the current
                          fiscal year shall be obligated during the last 2 months of the
                          fiscal year: Provided, That this section shall not apply to obligations
                          for support of active duty training of reserve components or summer
                          camp training of the Reserve Officers’ Training Corps.
                                                             (TRANSFER OF FUNDS)
                              SEC. 8005. Upon determination by the Secretary of Defense
                          that such action is necessary in the national interest, he may,
                          with the approval of the Office of Management and Budget, transfer
                          not to exceed $2,000,000,000 of working capital funds of the Depart-
                          ment of Defense or funds made available in this Act to the Depart-
                          ment of Defense for military functions (except military construction)
                          between such appropriations or funds or any subdivision thereof,
                          to be merged with and to be available for the same purposes,
                          and for the same time period, as the appropriation or fund to
                          which transferred: Provided, That such authority to transfer may
                          not be used unless for higher priority items, based on unforeseen
                          military requirements, than those for which originally appropriated
                          and in no case where the item for which funds are requested
                          has been denied by the Congress: Provided further, That the Sec-                                      Notification.
                          retary of Defense shall notify the Congress promptly of all transfers




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                          115 STAT. 2248                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 made pursuant to this authority or any other authority in this
                                                 Act: Provided further, That no part of the funds in this Act shall
                                                 be available to prepare or present a request to the Committees
                                                 on Appropriations for reprogramming of funds, unless for higher
                                                 priority items, based on unforeseen military requirements, than
                                                 those for which originally appropriated and in no case where the
                                                 item for which reprogramming is requested has been denied by
                                                 the Congress: Provided further, That a request for multiple
                                                 reprogrammings of funds using authority provided in this section
                                                 must be made prior to May 1, 2002.

                                                                                    (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.
                          Notification.               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.
                          10 USC 2306b                SEC. 8008. None of the funds provided in this Act shall be
                          note.                  available to initiate: (1) a multiyear contract that employs economic
                                                 order quantity procurement in excess of $20,000,000 in any 1 year
                                                 of the contract or that includes an unfunded contingent liability
                                                 in excess of $20,000,000; or (2) a contract for advance procurement
                                                 leading to a multiyear contract that employs economic order
                                                 quantity procurement in excess of $20,000,000 in any 1 year, unless
                                                 the congressional defense committees have been notified at least
                                                 30 days in advance of the proposed contract award: Provided, That
                                                 no part of any appropriation contained in this Act shall be available
                                                 to initiate a multiyear contract for which the economic order
                                                 quantity advance procurement is not funded at least to the limits
                                                 of the Government’s liability: Provided further, That no part of
                                                 any appropriation contained in this Act shall be available to initiate
                                                 multiyear procurement contracts for any systems or component
                                                 thereof if the value of the multiyear contract would exceed
                                                 $500,000,000 unless specifically provided in this Act: Provided fur-
                                                 ther, That no multiyear procurement contract can be terminated
                                                 without 10-day prior notification to the congressional defense
                                                 committees: Provided further, That the execution of multiyear
                                                 authority shall require the use of a present value analysis to deter-
                                                 mine lowest cost compared to an annual procurement.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2249

                               Funds appropriated in title III of this Act may be used for
                          multiyear procurement contracts as follows:
                                    UH–60/CH–60 aircraft;
                                    C–17; and
                                    F/A–18E and F engine.
                               SEC. 8009. Within the funds appropriated for the operation                                       Reports.
                          and maintenance of the Armed Forces, funds are hereby appro-                                          Deadline.
                                                                                                                                10 USC 401 note.
                          priated pursuant to section 401 of title 10, United States Code,
                          for humanitarian and civic assistance costs under chapter 20 of
                          title 10, United States Code. Such funds may also be obligated
                          for humanitarian and civic assistance costs incidental to authorized
                          operations and pursuant to authority granted in section 401 of
                          chapter 20 of title 10, United States Code, and these obligations
                          shall be reported to the Congress as of September 30 of each
                          year: Provided, That funds available for operation and maintenance
                          shall be available for providing humanitarian and similar assistance
                          by using Civic Action Teams in the Trust Territories of the Pacific
                          Islands and freely associated states of Micronesia, pursuant to
                          the Compact of Free Association as authorized by Public Law 99–
                          239: Provided further, That upon a determination by the Secretary
                          of the Army that such action is beneficial for graduate medical
                          education programs conducted at Army medical facilities located
                          in Hawaii, the Secretary of the Army may authorize the provision
                          of medical services at such facilities and transportation to such
                          facilities, on a nonreimbursable basis, for civilian patients from
                          American Samoa, the Commonwealth of the Northern Mariana
                          Islands, the Marshall Islands, the Federated States of Micronesia,
                          Palau, and Guam.
                               SEC. 8010. (a) During fiscal year 2002, the civilian personnel
                          of the Department of Defense may not be managed on the basis
                          of any end-strength, and the management of such personnel during
                          that fiscal year shall not be subject to any constraint or limitation
                          (known as an end-strength) on the number of such personnel who
                          may be employed on the last day of such fiscal year.
                               (b) The fiscal year 2003 budget request for the Department
                          of Defense as well as all justification material and other documenta-
                          tion supporting the fiscal year 2003 Department of Defense budget
                          request shall be prepared and submitted to the Congress as if
                          subsections (a) and (b) of this provision were effective with regard
                          to fiscal year 2003.
                               (c) Nothing in this section shall be construed to apply to military
                          (civilian) technicians.
                               SEC. 8011. Notwithstanding any other provision of law, none
                          of the funds made available by this Act shall be used by the
                          Department of Defense to exceed, outside the 50 United States,
                          its territories, and the District of Columbia, 125,000 civilian
                          workyears: Provided, That workyears shall be applied as defined                                       Applicability.
                          in the Federal Personnel Manual: Provided further, That workyears
                          expended in dependent student hiring programs for disadvantaged
                          youths shall not be included in this workyear limitation.
                               SEC. 8012. None of the funds made available by this Act shall                                    Lobbying.
                          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




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                          115 STAT. 2250                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 paid by the Secretary of Veterans Affairs from the Department
                                                 of Defense Education Benefits Fund when time spent as a full-
                                                 time student is credited toward completion of a service commitment:
                                                 Provided, That this subsection shall not apply to those members
                                                 who have reenlisted with this option prior to October 1, 1987:
                          Applicability.         Provided further, That this subsection applies only to active compo-
                                                 nents of the Army.
                                                      SEC. 8014. None of the funds appropriated by this Act shall
                                                 be available to convert to contractor performance an activity or
                                                 function of the Department of Defense that, on or after the date
                                                 of the enactment of this Act, is performed by more than 10 Depart-
                                                 ment of Defense civilian employees until a most efficient and cost-
                                                 effective organization analysis is completed on such activity or
                                                 function and certification of the analysis is made to the Committees
                                                 on Appropriations of the House of Representatives and the Senate:
                                                 Provided, That this section and subsections (a), (b), and (c) of
                                                 10 U.S.C. 2461 shall not apply to a commercial or industrial type
                                                 function of the Department of Defense that: (1) is included on
                                                 the procurement list established pursuant to section 2 of the Act
                                                 of June 25, 1938 (41 U.S.C. 47), popularly referred to as the Javits-
                                                 Wagner-O’Day Act; (2) is planned to be converted to performance
                                                 by a qualified nonprofit agency for the blind or by a qualified
                                                 nonprofit agency for other severely handicapped individuals in
                                                 accordance with that Act; or (3) is planned to be converted to
                                                 performance by a qualified firm under 51 percent ownership by
                                                 an Indian tribe, as defined in section 450b(e) of title 25, United
                                                 States Code, or a Native Hawaiian organization, as defined in
                                                 section 637(a)(15) of title 15, United States Code.

                                                                                    (TRANSFER OF FUNDS)
                                                      SEC. 8015. Funds appropriated in title III of this Act for the
                                                 Department of Defense Pilot Mentor-Protege Program may be trans-
                                                 ferred to any other appropriation contained in this Act solely for
                                                 the purpose of implementing a Mentor-Protege Program develop-
                                                 mental assistance agreement pursuant to section 831 of the
                                                 National Defense Authorization Act for Fiscal Year 1991 (Public
                                                 Law 101–510; 10 U.S.C. 2301 note), as amended, under the
                                                 authority of this provision or any other transfer authority contained
                                                 in this Act.
                                                      SEC. 8016. None of the funds in this Act may be available
                                                 for the purchase by the Department of Defense (and its departments
                                                 and agencies) of welded shipboard anchor and mooring chain 4
                                                 inches in diameter and under unless the anchor and mooring chain
                                                 are manufactured in the United States from components which
                                                 are substantially manufactured in the United States: Provided,
                                                 That for the purpose of this section manufactured will include
                                                 cutting, heat treating, quality control, testing of chain and welding
                                                 (including the forging and shot blasting process): Provided further,
                                                 That for the purpose of this section substantially all of the compo-
                                                 nents of anchor and mooring chain shall be considered to be pro-
                                                 duced or manufactured in the United States if the aggregate cost
                                                 of the components produced or manufactured in the United States
                                                 exceeds the aggregate cost of the components produced or manufac-
                                                 tured outside the United States: Provided further, That when ade-
                                                 quate domestic supplies are not available to meet Department of
                                                 Defense requirements on a timely basis, the Secretary of the service




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2251

                          responsible for the procurement may waive this restriction on a
                          case-by-case basis by certifying in writing to the Committees on
                          Appropriations that such an acquisition must be made in order
                          to acquire capability for national security purposes.
                               SEC. 8017. None of the funds appropriated by this Act available
                          for the Civilian Health and Medical Program of the Uniformed
                          Services (CHAMPUS) or TRICARE shall be available for the
                          reimbursement of any health care provider for inpatient mental
                          health service for care received when a patient is referred to a
                          provider of inpatient mental health care or residential treatment
                          care by a medical or health care professional having an economic
                          interest in the facility to which the patient is referred: Provided,
                          That this limitation does not apply in the case of inpatient mental
                          health services provided under the program for persons with disabil-
                          ities under subsection (d) of section 1079 of title 10, United States
                          Code, provided as partial hospital care, or provided pursuant to
                          a waiver authorized by the Secretary of Defense because of medical
                          or psychological circumstances of the patient that are confirmed
                          by a health professional who is not a Federal employee after a
                          review, pursuant to rules prescribed by the Secretary, which takes
                          into account the appropriate level of care for the patient, the inten-
                          sity of services required by the patient, and the availability of
                          that care.
                               SEC. 8018. Funds available in this Act and hereafter may                                         10 USC 2647
                          be used to provide transportation for the next-of-kin of individuals                                  note.
                          who have been prisoners of war or missing in action from the
                          Vietnam era to an annual meeting in the United States, under
                          such regulations as the Secretary of Defense may prescribe.
                               SEC. 8019. Notwithstanding any other provision of law, during                                    10 USC 2687
                          the current fiscal year, the Secretary of Defense may, by executive                                   note.
                          agreement, establish with host nation governments in NATO
                          member states a separate account into which such residual value
                          amounts negotiated in the return of United States military installa-
                          tions in NATO member states may be deposited, in the currency
                          of the host nation, in lieu of direct monetary transfers to the
                          United States Treasury: Provided, That such credits may be utilized
                          only for the construction of facilities to support United States mili-
                          tary forces in that host nation, or such real property maintenance
                          and base operating costs that are currently executed through mone-
                          tary transfers to such host nations: Provided further, That the
                          Department of Defense’s budget submission for fiscal year 2003
                          shall identify such sums anticipated in residual value settlements,
                          and identify such construction, real property maintenance or base
                          operating costs that shall be funded by the host nation through
                          such credits: Provided further, That all military construction
                          projects to be executed from such accounts must be previously
                          approved in a prior Act of Congress: Provided further, That each                                      Reports.
                          such executive agreement with a NATO member host nation shall                                         Deadline.
                          be reported to the congressional defense committees, the Committee
                          on International Relations of the House of Representatives and
                          the Committee on Foreign Relations of the Senate 30 days prior
                          to the conclusion and endorsement of any such agreement estab-
                          lished under this provision.
                               SEC. 8020. None of the funds available to the Department
                          of Defense may be used to demilitarize or dispose of M–1 Carbines,
                          M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
                          or M–1911 pistols.




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                          115 STAT. 2252                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      SEC. 8021. No more than $500,000 of the funds appropriated
                                                 or made available in this Act shall be used during a single fiscal
                                                 year for any single relocation of an organization, unit, activity
                                                 or function of the Department of Defense into or within the National
                                                 Capital Region: Provided, That the Secretary of Defense may waive
                                                 this restriction on a case-by-case basis by certifying in writing
                                                 to the congressional defense committees that such a relocation
                                                 is required in the best interest of the Government.
                                                      SEC. 8022. In addition to the funds provided elsewhere in
                                                 this Act, $8,000,000 is appropriated only for incentive payments
                                                 authorized by section 504 of the Indian Financing Act of 1974
                                                 (25 U.S.C. 1544): Provided, That a subcontractor at any tier shall
                                                 be considered a contractor for the purposes of being allowed addi-
                                                 tional compensation under section 504 of the Indian Financing
                                                 Act of 1974 (25 U.S.C. 1544).
                          5 USC 6323 note.            SEC. 8023. During the current fiscal year and hereafter, funds
                                                 appropriated or otherwise available for any Federal agency, the
                                                 Congress, the judicial branch, or the District of Columbia may
                                                 be used for the pay, allowances, and benefits of an employee as
                                                 defined by section 2105 of title 5, United States Code, or an indi-
                                                 vidual employed by the government of the District of Columbia,
                                                 permanent or temporary indefinite, who—
                                                            (1) is a member of a Reserve component of the Armed
                                                      Forces, as described in section 10101 of title 10, United States
                                                      Code, or the National Guard, as described in section 101 of
                                                      title 32, United States Code;
                                                            (2) performs, for the purpose of providing military aid
                                                      to enforce the law or providing assistance to civil authorities
                                                      in the protection or saving of life or property or prevention
                                                      of injury—
                                                                 (A) Federal service under sections 331, 332, 333, or
                                                            12406 of title 10, United States Code, or other provision
                                                            of law, as applicable; or
                                                                 (B) full-time military service for his or her State, the
                                                            District of Columbia, the Commonwealth of Puerto Rico,
                                                            or a territory of the United States; and
                                                            (3) requests and is granted—
                                                                 (A) leave under the authority of this section; or
                                                                 (B) annual leave, which may be granted without regard
                                                            to the provisions of sections 5519 and 6323(b) of title 5,
                                                            United States Code, if such employee is otherwise entitled
                                                            to such annual leave:
                                                 Provided, That any employee who requests leave under subsection
                                                 (3)(A) for service described in subsection (2) of this section is entitled
                                                 to such leave, subject to the provisions of this section and of the
                                                 last sentence of section 6323(b) of title 5, United States Code,
                                                 and such leave shall be considered leave under section 6323(b)
                                                 of title 5, United States Code.
                                                      SEC. 8024. None of the funds appropriated by this Act shall
                                                 be available to perform any cost study pursuant to the provisions
                                                 of 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.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2253

                               SEC. 8026. Notwithstanding any other provision of law or regu-
                          lation, the Secretary of Defense may adjust wage rates for civilian
                          employees hired for certain health care occupations as authorized
                          for the Secretary of Veterans Affairs by section 7455 of title 38,
                          United States Code.
                               SEC. 8027. Of the funds made available in this Act, not less
                          than $55,000,000 shall be available to maintain an attrition reserve
                          force of 18 B–52 aircraft, of which $3,300,000 shall be available
                          from ‘‘Military Personnel, Air Force’’, $37,400,000 shall be available
                          from ‘‘Operation and Maintenance, Air Force’’, and $14,300,000
                          shall be available from ‘‘Aircraft Procurement, Air Force’’: Provided,
                          That the Secretary of the Air Force shall maintain a total force
                          of 94 B–52 aircraft, including 18 attrition reserve aircraft, during
                          fiscal year 2002: Provided further, That the Secretary of Defense
                          shall include in the Air Force budget request for fiscal year 2003
                          amounts sufficient to maintain a B–52 force totaling 94 aircraft.
                               SEC. 8028. (a) Of the funds for the procurement of supplies
                          or services appropriated by this Act, qualified nonprofit agencies
                          for the blind or other severely handicapped shall be afforded the
                          maximum practicable opportunity to participate as subcontractors
                          and suppliers in the performance of contracts let by the Department
                          of Defense.
                               (b) During the current fiscal year, a business concern which
                          has negotiated with a military service or defense agency a subcon-
                          tracting plan for the participation by small business concerns pursu-
                          ant to section 8(d) of the Small Business Act (15 U.S.C. 637(d))
                          shall be given credit toward meeting that subcontracting goal for
                          any purchases made from qualified nonprofit agencies for the blind
                          or other severely handicapped.
                               (c) For the purpose of this section, the phrase ‘‘qualified non-
                          profit agency for the blind or other severely handicapped’’ means
                          a nonprofit agency for the blind or other severely handicapped
                          that has been approved by the Committee for the Purchase from
                          the Blind and Other Severely Handicapped under the Javits-
                          Wagner-O’Day Act (41 U.S.C. 46–48).
                               SEC. 8029. During the current fiscal year, net receipts pursuant
                          to collections from third party payers pursuant to section 1095
                          of title 10, United States Code, shall be made available to the
                          local facility of the uniformed services responsible for the collections
                          and shall be over and above the facility’s direct budget amount.
                               SEC. 8030. During the current fiscal year, the Department
                          of Defense is authorized to incur obligations of not to exceed
                          $350,000,000 for purposes specified in section 2350j(c) of title 10,
                          United States Code, in anticipation of receipt of contributions, only
                          from the Government of Kuwait, under that section: Provided,
                          That upon receipt, such contributions from the Government of
                          Kuwait shall be credited to the appropriations or fund which
                          incurred such obligations.
                               SEC. 8031. Of the funds made available in this Act, not less
                          than $23,003,000 shall be available for the Civil Air Patrol Corpora-
                          tion, of which $21,503,000 shall be available for Civil Air Patrol
                          Corporation operation and maintenance to support readiness activi-
                          ties which includes $1,500,000 for the Civil Air Patrol counterdrug
                          program: Provided, That funds identified for ‘‘Civil Air Patrol’’ under
                          this section are intended for and shall be for the exclusive use
                          of the Civil Air Patrol Corporation and not for the Air Force or
                          any unit thereof.




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                          115 STAT. 2254                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      SEC. 8032. (a) None of the funds appropriated in this Act
                                                 are available to establish a new Department of Defense (depart-
                                                 ment) federally funded research and development center (FFRDC),
                                                 either as a new entity, or as a separate entity administrated by
                                                 an organization managing another FFRDC, or as a nonprofit mem-
                                                 bership corporation consisting of a consortium of other FFRDCs
                                                 and other non-profit entities.
                                                      (b) No member of a Board of Directors, Trustees, Overseers,
                                                 Advisory Group, Special Issues Panel, Visiting Committee, or any
                                                 similar entity of a defense FFRDC, and no paid consultant to
                                                 any defense FFRDC, except when acting in a technical advisory
                                                 capacity, may be compensated for his or her services as a member
                                                 of such entity, or as a paid consultant by more than one FFRDC
                                                 in a fiscal year: Provided, That a member of any such entity
                                                 referred to previously in this subsection shall be allowed travel
                                                 expenses and per diem as authorized under the Federal Joint Travel
                                                 Regulations, when engaged in the performance of membership
                                                 duties.
                                                      (c) Notwithstanding any other provision of law, none of the
                                                 funds available to the department from any source during fiscal
                                                 year 2002 may be used by a defense FFRDC, through a fee or
                                                 other payment mechanism, for construction of new buildings, for
                                                 payment of cost sharing for projects funded by Government grants,
                                                 for absorption of contract overruns, or for certain charitable con-
                                                 tributions, not to include employee participation in community
                                                 service and/or development.
                                                      (d) Notwithstanding any other provision of law, of the funds
                                                 available to the department during fiscal year 2002, not more
                                                 than 6,227 staff years of technical effort (staff years) may be funded
                                                 for defense FFRDCs: Provided, That of the specific amount referred
                                                 to previously in this subsection, not more than 1,029 staff years
                                                 may be funded for the defense studies and analysis FFRDCs.
                          Reports.                    (e) The Secretary of Defense shall, with the submission of
                                                 the department’s fiscal year 2003 budget request, submit a report
                                                 presenting the specific amounts of staff years of technical effort
                                                 to be allocated for each defense FFRDC during that fiscal year.
                                                      (f) Notwithstanding any other provision of this Act, the total
                                                 amount appropriated in this Act for FFRDCs is hereby reduced
                                                 by $40,000,000.
                                                      SEC. 8033. None of the funds appropriated or made available
                                                 in this Act shall be used to procure carbon, alloy or armor steel
                                                 plate for use in any Government-owned facility or property under
                                                 the control of the Department of Defense which were not melted
                          Applicability.         and rolled in the United States or Canada: Provided, That these
                                                 procurement restrictions shall apply to any and all Federal Supply
                                                 Class 9515, American Society of Testing and Materials (ASTM)
                                                 or American Iron and Steel Institute (AISI) specifications of carbon,
                                                 alloy or armor steel plate: Provided further, That the Secretary
                                                 of the military department responsible for the procurement may
                                                 waive this restriction on a case-by-case basis by certifying in writing
                                                 to the Committees on Appropriations of the House of Representa-
                                                 tives and the Senate that adequate domestic supplies are not avail-
                                                 able to meet Department of Defense requirements on a timely
                                                 basis and that such an acquisition must be made in order to
                                                 acquire capability for national security purposes: Provided further,
                                                 That these restrictions shall not apply to contracts which are in
                                                 being as of the date of the enactment of this Act.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2255

                               SEC. 8034. For the purposes of this Act, the term ‘‘congressional
                          defense committees’’ means the Armed Services Committee of the
                          House of Representatives, the Armed Services Committee of the
                          Senate, the Subcommittee on Defense of the Committee on Appro-
                          priations of the Senate, and the Subcommittee on Defense of the
                          Committee on Appropriations of the House of Representatives.
                               SEC. 8035. During the current fiscal year, the Department
                          of Defense may acquire the modification, depot maintenance and
                          repair of aircraft, vehicles and vessels as well as the production
                          of components and other Defense-related articles, through competi-
                          tion between Department of Defense depot maintenance activities
                          and private firms: Provided, That the Senior Acquisition Executive                                     Certification.
                          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                                 41 USC 10b–2.
                          with the United States Trade Representative, determines that a
                          foreign country which is party to an agreement described in para-
                          graph (2) has violated the terms of the agreement by discriminating
                          against certain types of products produced in the United States
                          that are covered by the agreement, the Secretary of Defense shall
                          rescind the Secretary’s blanket waiver of the Buy American Act
                          with respect to such types of products produced in that foreign
                          country.
                               (2) An agreement referred to in paragraph (1) is any reciprocal
                          defense procurement memorandum of understanding, between the
                          United States and a foreign country pursuant to which the Secretary
                          of Defense has prospectively waived the Buy American Act for
                          certain products in that country.
                               (b) The Secretary of Defense shall submit to the Congress                                         Reports.
                          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




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                          115 STAT. 2256                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 appropriated and shall be available until transferred by the Sec-
                                                 retary of Defense to current applicable appropriations or funds
                                                 of the Department of Defense under the terms and conditions
                                                 specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C.
                                                 2667(d)(1)(B), to be merged with and to be available for the same
                                                 time period and the same purposes as the appropriation to which
                                                 transferred.
                          President.                  SEC. 8039. The President shall include with each budget for
                          10 USC 221 note.       a fiscal year submitted to the Congress under section 1105 of
                                                 title 31, United States Code, materials that shall identify clearly
                                                 and separately the amounts requested in the budget for appropria-
                                                 tion for that fiscal year for salaries and expenses related to adminis-
                                                 trative activities of the Department of Defense, the military depart-
                                                 ments, and the defense agencies.
                                                      SEC. 8040. Notwithstanding any other provision of law, funds
                                                 available for ‘‘Drug Interdiction and Counter-Drug Activities,
                                                 Defense’’ may be obligated for the Young Marines program.
                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      SEC. 8041. During the current fiscal year, amounts contained
                                                 in the Department of Defense Overseas Military Facility Investment
                                                 Recovery Account established by section 2921(c)(1) of the National
                                                 Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
                                                 2687 note) shall be available until expended for the payments
                                                 specified by section 2921(c)(2) of that Act.
                                                      SEC. 8042. (a) IN GENERAL.—Notwithstanding any other provi-
                                                 sion of law, the Secretary of the Air Force may convey at no
                                                 cost to the Air Force, without consideration, to Indian tribes located
                                                 in the States of North Dakota, South Dakota, Montana, and Min-
                                                 nesota relocatable military housing units located at Grand Forks
                                                 Air Force Base and Minot Air Force Base that are excess to the
                                                 needs of the Air Force.
                                                      (b) PROCESSING OF REQUESTS.—The Secretary of the Air Force
                                                 shall convey, at no cost to the Air Force, military housing units
                                                 under subsection (a) in accordance with the request for such units
                                                 that are submitted to the Secretary by the Operation Walking
                                                 Shield Program on behalf of Indian tribes located in the States
                                                 of North Dakota, South Dakota, Montana, and Minnesota.
                                                      (c) RESOLUTION OF HOUSING UNIT CONFLICTS.—The Operation
                                                 Walking Shield program shall resolve any conflicts among requests
                                                 of Indian tribes for housing units under subsection (a) before
                                                 submitting requests to the Secretary of the Air Force under sub-
                                                 section (b).
                                                      (d) INDIAN TRIBE DEFINED.—In this section, the term ‘‘Indian
                                                 tribe’’ means any recognized Indian tribe included on the current
                                                 list published by the Secretary of the Interior under section 104
                                                 of the Federally Recognized Indian Tribe Act of 1994 (Public Law
                                                 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).
                                                      SEC. 8043. During the current fiscal year, appropriations which
                                                 are available to the Department of Defense for operation and
                                                 maintenance may be used to purchase items having an investment
                                                 item unit cost of not more than $100,000: Provided, That the
                                                 $100,000 limitation shall not apply to amounts appropriated in
                                                 this Act under the heading ‘‘Operation and Maintenance, Defense-
                                                 Wide’’ for expenses related to certain classified activities.
                                                      SEC. 8044. (a) During the current fiscal year, none of the
                                                 appropriations or funds available to the Department of Defense




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2257

                          Working Capital Funds shall be used for the purchase of an invest-
                          ment item for the purpose of acquiring a new inventory item for
                          sale or anticipated sale during the current fiscal year or a subse-
                          quent fiscal year to customers of the Department of Defense
                          Working Capital Funds if such an item would not have been charge-
                          able to the Department of Defense Business Operations Fund during
                          fiscal year 1994 and if the purchase of such an investment item
                          would be chargeable during the current fiscal year to appropriations
                          made to the Department of Defense for procurement.
                               (b) The fiscal year 2003 budget request for the Department
                          of Defense as well as all justification material and other documenta-
                          tion supporting the fiscal year 2003 Department of Defense budget
                          shall be prepared and submitted to the Congress on the basis
                          that any equipment which was classified as an end item and funded
                          in a procurement appropriation contained in this Act shall be budg-
                          eted for in a proposed fiscal year 2003 procurement appropriation
                          and not in the supply management business area or any other
                          area or category of the Department of Defense Working Capital
                          Funds.
                               SEC. 8045. None of the funds appropriated by this Act for
                          programs of the Central Intelligence Agency shall remain available
                          for obligation beyond the current fiscal year, except for funds appro-
                          priated for the Reserve for Contingencies, which shall remain avail-
                          able until September 30, 2003: Provided, That funds appropriated,                                     50 USC 403u
                          transferred, or otherwise credited to the Central Intelligence Agency                                 note.
                          Central Services Working Capital Fund during this or any prior
                          or subsequent fiscal year shall remain available until expended:
                          Provided further, That any funds appropriated or transferred to
                          the Central Intelligence Agency for agent operations and for covert
                          action programs authorized by the President under section 503
                          of the National Security Act of 1947, as amended, shall remain
                          available until September 30, 2003.
                               SEC. 8046. Notwithstanding any other provision of law, funds
                          made available in this Act for the Defense Intelligence Agency
                          may be used for the design, development, and deployment of Gen-
                          eral Defense Intelligence Program intelligence communications and
                          intelligence information systems for the Services, the Unified and
                          Specified Commands, and the component commands.
                               SEC. 8047. Of the funds appropriated to the Department of
                          Defense under the heading ‘‘Operation and Maintenance, Defense-
                          Wide’’, not less than $10,000,000 shall be made available only
                          for the mitigation of environmental impacts, including training
                          and technical assistance to tribes, related administrative support,
                          the gathering of information, documenting of environmental dam-
                          age, and developing a system for prioritization of mitigation and
                          cost to complete estimates for mitigation, on Indian lands resulting
                          from Department of Defense activities.
                               SEC. 8048. Amounts collected for the use of the facilities of
                          the National Science Center for Communications and Electronics
                          during the current fiscal year and hereafter pursuant to section
                          1459(g) of the Department of Defense Authorization Act, 1986,
                          and deposited to the special account established under subsection
                          1459(g)(2) of that Act are appropriated and shall be available until
                          expended for the operation and maintenance of the Center as pro-
                          vided for in subsection 1459(g)(2).




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                          115 STAT. 2258                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                                    (TRANSFER OF FUNDS)
                                                      SEC. 8049. In addition to the amounts appropriated elsewhere
                                                 in this Act, $10,000,000 is hereby appropriated to the Department
                                                 of Defense: Provided, That at the direction of the Assistant Sec-
                                                 retary of Defense for Reserve Affairs, these funds shall be trans-
                                                 ferred to the Reserve component personnel accounts in title I of
                                                 this Act: Provided further, That these funds shall be used for
                                                 incentive and bonus programs that address the most pressing
                                                 recruitment and retention issues in the Reserve components.
                                                      SEC. 8050. (a) None of the funds appropriated in this Act
                                                 may be expended by an entity of the Department of Defense unless
                                                 the entity, in expending the funds, complies with the Buy American
                                                 Act. For purposes of this subsection, the term ‘‘Buy American Act’’
                                                 means title III of the Act entitled ‘‘An Act making appropriations
                                                 for the Treasury and Post Office Departments for the fiscal year
                                                 ending June 30, 1934, and for other purposes’’, approved March
                                                 3, 1933 (41 U.S.C. 10a et seq.).
                                                      (b) If the Secretary of Defense determines that a person has
                                                 been convicted of intentionally affixing a label bearing a ‘‘Made
                                                 in America’’ inscription to any product sold in or shipped to the
                                                 United States that is not made in America, the Secretary shall
                                                 determine, in accordance with section 2410f of title 10, United
                                                 States Code, whether the person should be debarred from con-
                                                 tracting with the Department of Defense.
                                                      (c) In the case of any equipment or products purchased with
                                                 appropriations provided under this Act, it is the sense of the Con-
                                                 gress that any entity of the Department of Defense, in expending
                                                 the appropriation, purchase only American-made equipment and
                                                 products, provided that American-made equipment and products
                                                 are cost-competitive, quality-competitive, and available in a timely
                                                 fashion.
                                                      SEC. 8051. None of the funds appropriated by this Act shall
                                                 be available for a contract for studies, analysis, or consulting serv-
                                                 ices entered into without competition on the basis of an unsolicited
                                                 proposal unless the head of the activity responsible for the procure-
                                                 ment determines—
                                                           (1) as a result of thorough technical evaluation, only one
                                                      source is found fully qualified to perform the proposed work;
                                                           (2) the purpose of the contract is to explore an unsolicited
                                                      proposal which offers significant scientific or technological
                                                      promise, represents the product of original thinking, and was
                                                      submitted in confidence by one source; or
                                                           (3) the purpose of the contract is to take advantage of
                                                      unique and significant industrial accomplishment by a specific
                                                      concern, or to insure that a new product or idea of a specific
                                                      concern is given financial support:
                                                 Provided, That this limitation shall not apply to contracts in an
                                                 amount of less than $25,000, contracts related to improvements
                                                 of equipment that is in development or production, or contracts
                                                 as to which a civilian official of the Department of Defense, who
                                                 has been confirmed by the Senate, determines that the award
                                                 of such contract is in the interest of the national defense.
                                                      SEC. 8052. (a) Except as provided in subsections (b) and (c),
                                                 none of the funds made available by this Act may be used—
                                                           (1) to establish a field operating agency; or




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2259

                                    (2) to pay the basic pay of a member of the Armed Forces
                               or civilian employee of the department who is transferred or
                               reassigned from a headquarters activity if the member or
                               employee’s place of duty remains at the location of that head-
                               quarters.
                               (b) The Secretary of Defense or Secretary of a military depart-
                          ment may waive the limitations in subsection (a), on a case-by-
                          case basis, if the Secretary determines, and certifies to the Commit-
                          tees on Appropriations of the House of Representatives and Senate
                          that the granting of the waiver will reduce the personnel require-
                          ments or the financial requirements of the department.
                               (c) This section does not apply to field operating agencies funded
                          within the National Foreign Intelligence Program.
                               SEC. 8053. Notwithstanding section 303 of Public Law 96–
                          487 or any other provision of law, the Secretary of the Navy is
                          authorized to lease real and personal property at Naval Air Facility,
                          Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, indus-
                          trial or other purposes: Provided, That notwithstanding any other
                          provision of law, the Secretary of the Navy may remove hazardous
                          materials from facilities, buildings, and structures at Adak, Alaska,
                          and may demolish or otherwise dispose of such facilities, buildings,
                          and structures.
                                                                   (RESCISSIONS)
                              SEC. 8054. Of the funds provided in Department of Defense
                          Appropriations Acts, the following funds are hereby rescinded from
                          the following accounts and programs in the specified amounts:
                                   ‘‘Former Soviet Union Threat Reduction, 2000/2002’’,
                              $32,000,000;
                                   ‘‘Other Procurement, Navy, 2000/2002’’, $15,300,000;
                                   ‘‘Aircraft Procurement, Air Force, 2000/2002’’, $8,500,000;
                                   ‘‘Other Procurement, Air Force, 2000/2002’’, $20,000,000;
                                   ‘‘Aircraft Procurement, Army, 2001/2003’’, $16,000,000;
                                   ‘‘Procurement     of  Ammunition,      Army,      2001/2003’’,
                              $27,400,000;
                                   ‘‘Other Procurement, Army, 2001/2003’’, $28,745,000;
                                   ‘‘Aircraft Procurement, Navy, 2001/2003’’, $8,600,000;
                                   ‘‘Weapons Procurement, Navy, 2001/2003’’, $20,000,000;
                                   ‘‘Other Procurement, Navy, 2001/2003’’, $7,600,000;
                                   ‘‘Procurement, Marine Corps, 2001/2003’’, $1,000,000;
                                   ‘‘Aircraft Procurement, Air Force, 2001/2003’’, $63,283,000;
                                   ‘‘Missile Procurement, Air Force, 2001/2003’’, $58,450,000;
                                   ‘‘Procurement of Ammunition, Air Force, 2001/2003’’,
                              $5,800,000;
                                   ‘‘Other Procurement, Air Force, 2001/2003’’, $10,200,000;
                                   ‘‘Procurement, Defense-Wide, 2001/2003’’, $113,434,000;
                                   ‘‘Research, Development, Test and Evaluation, Army, 2001/
                              2002’’, $6,300,000;
                                   ‘‘Research, Development, Test and Evaluation, Navy, 2001/
                              2002’’, $18,800,000;
                                   ‘‘Research, Development, Test and Evaluation, Air Force,
                              2001/2002’’, $69,283,000; and
                                   ‘‘Research, Development, Test and Evaluation, Defense-
                              Wide, 2001/2002’’, $780,000.
                              SEC. 8055. None of the funds available in this Act may be
                          used to reduce the authorized positions for military (civilian) techni-
                          cians of the Army National Guard, the Air National Guard, Army




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                          115 STAT. 2260                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 Reserve and Air Force Reserve for the purpose of applying any
                                                 administratively imposed civilian personnel ceiling, freeze, or reduc-
                                                 tion on military (civilian) technicians, unless such reductions are
                                                 a direct result of a reduction in military force structure.
                                                      SEC. 8056. None of the funds appropriated or otherwise made
                                                 available in this Act may be obligated or expended for assistance
                                                 to the Democratic People’s Republic of North Korea unless specifi-
                                                 cally appropriated for that purpose.
                                                      SEC. 8057. During the current fiscal year, funds appropriated
                                                 in this Act are available to compensate members of the National
                                                 Guard for duty performed pursuant to a plan submitted by a Gov-
                                                 ernor of a State and approved by the Secretary of Defense under
                                                 section 112 of title 32, United States Code: Provided, That during
                                                 the performance of such duty, the members of the National Guard
                                                 shall be under State command and control: Provided further, That
                                                 such duty shall be treated as full-time National Guard duty for
                                                 purposes of sections 12602(a)(2) and (b)(2) of title 10, United States
                                                 Code.
                                                      SEC. 8058. Funds appropriated in this Act for operation and
                                                 maintenance of the Military Departments, Combatant Commands
                                                 and Defense Agencies shall be available for reimbursement of pay,
                                                 allowances and other expenses which would otherwise be incurred
                                                 against appropriations for the National Guard and Reserve when
                                                 members of the National Guard and Reserve provide intelligence
                                                 or counterintelligence support to Combatant Commands, Defense
                                                 Agencies and Joint Intelligence Activities, including the activities
                                                 and programs included within the National Foreign Intelligence
                                                 Program (NFIP), the Joint Military Intelligence Program (JMIP),
                                                 and the Tactical Intelligence and Related Activities (TIARA) aggre-
                                                 gate: Provided, That nothing in this section authorizes deviation
                                                 from established Reserve and National Guard personnel and
                                                 training procedures.
                                                      SEC. 8059. During the current fiscal year, none of the funds
                                                 appropriated in this Act may be used to reduce the civilian medical
                                                 and medical support personnel assigned to military treatment facili-
                                                 ties below the September 30, 2001 level: Provided, That the Service
                                                 Surgeons General may waive this section by certifying to the
                                                 congressional defense committees that the beneficiary population
                                                 is declining in some catchment areas and civilian strength reduc-
                                                 tions may be consistent with responsible resource stewardship and
                                                 capitation-based budgeting.
                          Deadline.                   SEC. 8060. (a) LIMITATION ON PENTAGON RENOVATION COSTS.—
                          Certification.         Not later than the date each year on which the President submits
                          10 USC 2674
                          note.                  to Congress the budget under section 1105 of title 31, United
                                                 States Code, the Secretary of Defense shall submit to Congress
                                                 a certification that the total cost for the planning, design, construc-
                                                 tion, and installation of equipment for the renovation of wedges
                                                 2 through 5 of the Pentagon Reservation, cumulatively, will not
                                                 exceed four times the total cost for the planning, design, construc-
                                                 tion, and installation of equipment for the renovation of wedge
                                                 1.
                                                      (b) ANNUAL ADJUSTMENT.—For purposes of applying the limita-
                                                 tion in subsection (a), the Secretary shall adjust the cost for the
                                                 renovation of wedge 1 by any increase or decrease in costs attrib-
                                                 utable to economic inflation, based on the most recent economic
                                                 assumptions issued by the Office of Management and Budget for




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2261

                          use in preparation of the budget of the United States under section
                          1104 of title 31, United States Code.
                               (c) EXCLUSION OF CERTAIN COSTS.—For purposes of calculating
                          the limitation in subsection (a), the total cost for wedges 2 through
                          5 shall not include—
                                    (1) any repair or reconstruction cost incurred as a result
                               of the terrorist attack on the Pentagon that occurred on Sep-
                               tember 11, 2001;
                                    (2) any increase in costs for wedges 2 through 5 attributable
                               to compliance with new requirements of Federal, State, or
                               local laws; and
                                    (3) any increase in costs attributable to additional security
                               requirements that the Secretary of Defense considers essential
                               to provide a safe and secure working environment.
                               (d) CERTIFICATION COST REPORTS.—As part of the annual cer-
                          tification under subsection (a), the Secretary shall report the pro-
                          jected cost (as of the time of the certification) for—
                                    (1) the renovation of each wedge, including the amount
                               adjusted or otherwise excluded for such wedge under the
                               authority of paragraphs (2) and (3) of subsection (c) for the
                               period covered by the certification; and
                                    (2) the repair and reconstruction of wedges 1 and 2 in
                               response to the terrorist attack on the Pentagon that occurred
                               on September 11, 2001.
                               (e) DURATION OF CERTIFICATION REQUIREMENT.—The require-                                          Applicability.
                          ment to make an annual certification under subsection (a) shall
                          apply until the Secretary certifies to Congress that the renovation
                          of the Pentagon Reservation is completed.
                               SEC. 8061. Notwithstanding any other provision of law, that
                          not more than 35 percent of funds provided in this Act, for environ-
                          mental remediation may be obligated under indefinite delivery/
                          indefinite quantity contracts with a total contract value of
                          $130,000,000 or higher.
                               SEC. 8062. Of the funds made available under the heading
                          ‘‘Operation and Maintenance, Air Force’’, $10,200,000 shall be avail-
                          able to realign railroad track on Elmendorf Air Force Base and
                          Fort Richardson.
                               SEC. 8063. (a) None of the funds available to the Department                                     10 USC 374 note.
                          of Defense for any fiscal year for drug interdiction or counter-
                          drug activities may be transferred to any other department or
                          agency of the United States except as specifically provided in an
                          appropriations law.
                               (b) None of the funds available to the Central Intelligence                                      50 USC 403f
                          Agency for any fiscal year for drug interdiction and counter-drug                                     note.
                          activities may be transferred to any other department or agency
                          of the United States except as specifically provided in an appropria-
                          tions law.
                                                             (TRANSFER OF FUNDS)
                               SEC. 8064. Appropriations available in this Act under the
                          heading ‘‘Operation and Maintenance, Defense-Wide’’ for increasing
                          energy and water efficiency in Federal buildings may, during their
                          period of availability, be transferred to other appropriations or
                          funds of the Department of Defense for projects related to increasing
                          energy and water efficiency, to be merged with and to be available
                          for the same general purposes, and for the same time period,
                          as the appropriation or fund to which transferred.




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                          115 STAT. 2262                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      SEC. 8065. None of the funds appropriated by this Act may
                                                 be used for the procurement of ball and roller bearings other than
                                                 those produced by a domestic source and of domestic origin: Pro-
                                                 vided, That the Secretary of the military department responsible
                                                 for such procurement may waive this restriction on a case-by-
                                                 case basis by certifying in writing to the Committees on Appropria-
                                                 tions of the House of Representatives and the Senate, that adequate
                                                 domestic supplies are not available to meet Department of Defense
                                                 requirements on a timely basis and that such an acquisition must
                                                 be made in order to acquire capability for national security pur-
                          Applicability.         poses: Provided further, That this restriction shall not apply to
                                                 the purchase of ‘‘commercial items’’, as defined by section 4(12)
                                                 of the Office of Federal Procurement Policy Act, except that the
                                                 restriction shall apply to ball or roller bearings purchased as end
                                                 items.
                                                      SEC. 8066. Notwithstanding any other provision of law, funds
                                                 available to the Department of Defense shall be made available
                                                 to provide transportation of medical supplies and equipment, on
                                                 a nonreimbursable basis, to American Samoa, and funds available
                                                 to the Department of Defense shall be made available to provide
                                                 transportation of medical supplies and equipment, on a non-
                                                 reimbursable basis, to the Indian Health Service when it is in
                                                 conjunction with a civil-military project.
                                                      SEC. 8067. None of the funds in this Act may be used to
                                                 purchase any supercomputer which is not manufactured in the
                                                 United States, unless the Secretary of Defense certifies to the
                                                 congressional defense committees that such an acquisition must
                                                 be made in order to acquire capability for national security purposes
                                                 that is not available from United States manufacturers.
                                                      SEC. 8068. Notwithstanding any other provision of law, the
                                                 Naval shipyards of the United States shall be eligible to participate
                                                 in any manufacturing extension program financed by funds appro-
                                                 priated in this or any other Act.
                                                      SEC. 8069. Notwithstanding any other provision of law, each
                                                 contract awarded by the Department of Defense during the current
                                                 fiscal year for construction or service performed in whole or in
                                                 part in a State (as defined in section 381(d) of title 10, United
                                                 States Code) which is not contiguous with another State and has
                                                 an unemployment rate in excess of the national average rate of
                                                 unemployment as determined by the Secretary of Labor, shall
                                                 include a provision requiring the contractor to employ, for the
                                                 purpose of performing that portion of the contract in such State
                                                 that is not contiguous with another State, individuals who are
                                                 residents of such State and who, in the case of any craft or trade,
                                                 possess or would be able to acquire promptly the necessary skills:
                                                 Provided, That the Secretary of Defense may waive the require-
                                                 ments of this section, on a case-by-case basis, in the interest of
                                                 national security.
                                                      SEC. 8070. None of the funds made available in this or any
                                                 other Act may be used to pay the salary of any officer or employee
                                                 of the Department of Defense who approves or implements the
                                                 transfer of administrative responsibilities or budgetary resources
                                                 of any program, project, or activity financed by this Act to the
                                                 jurisdiction of another Federal agency not financed by this Act
                                                 without the express authorization of Congress: Provided, That this
                                                 limitation shall not apply to transfers of funds expressly provided




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2263

                          for in Defense Appropriations Acts, or provisions of Acts providing
                          supplemental appropriations for the Department of Defense.
                               SEC. 8071. Of the funds made available in this Act under
                          the heading ‘‘Operation and Maintenance, Defense-Wide’’, up to
                          $5,000,000 shall be available to provide assistance, by grant or
                          otherwise, to public school systems that have unusually high con-
                          centrations of special needs military dependents enrolled: Provided,
                          That in selecting school systems to receive such assistance, special
                          consideration shall be given to school systems in States that are
                          considered overseas assignments: Provided further, That up to
                          $2,000,000 shall be available for the Department of Defense to
                          establish a non-profit trust fund to assist in the public-private
                          funding of public school repair and maintenance projects, or provide
                          directly to non-profit organizations who in return will use these
                          monies to provide assistance in the form of repair, maintenance,
                          or renovation to public school systems that have high concentrations
                          of special needs military dependents and are located in States
                          that are considered overseas assignments: Provided further, That
                          to the extent a Federal agency provides this assistance, by contract,
                          grant or otherwise, it may accept and expend non-Federal funds
                          in combination with these Federal funds to provide assistance for
                          the authorized purpose, if the non-Federal entity requests such
                          assistance and the non-Federal funds are provided on a reimburs-
                          able basis.
                               SEC. 8072. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES                                        Notice.
                          AND SERVICES.—Notwithstanding any other provision of law, none
                          of the funds available to the Department of Defense for the current
                          fiscal year may be obligated or expended to transfer to another
                          nation or an international organization any defense articles or
                          services (other than intelligence services) for use in the activities
                          described in subsection (b) unless the congressional defense commit-
                          tees, the Committee on International Relations of the House of
                          Representatives, and the Committee on Foreign Relations of the
                          Senate are notified 15 days in advance of such transfer.
                               (b) COVERED ACTIVITIES.—This section applies to—                                                 Applicability.
                                    (1) any international peacekeeping or peace-enforcement
                               operation under the authority of chapter VI or chapter VII
                               of the United Nations Charter under the authority of a United
                               Nations Security Council resolution; and
                                    (2) any other international peacekeeping, peace-enforce-
                               ment, or humanitarian assistance operation.
                               (c) REQUIRED NOTICE.—A notice under subsection (a) shall
                          include the following:
                                    (1) A description of the equipment, supplies, or services
                               to be transferred.
                                    (2) A statement of the value of the equipment, supplies,
                               or services to be transferred.
                                    (3) In the case of a proposed transfer of equipment or
                               supplies—
                                         (A) a statement of whether the inventory requirements
                                    of all elements of the Armed Forces (including the reserve
                                    components) for the type of equipment or supplies to be
                                    transferred have been met; and
                                         (B) a statement of whether the items proposed to be
                                    transferred will have to be replaced and, if so, how the
                                    President proposes to provide funds for such replacement.




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                          115 STAT. 2264                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      SEC. 8073. To the extent authorized by subchapter VI of chapter
                                                 148 of title 10, United States Code, the Secretary of Defense may
                                                 issue loan guarantees in support of United States defense exports
                                                 not otherwise provided for: Provided, That the total contingent
                                                 liability of the United States for guarantees issued under the
                                                 authority of this section may not exceed $15,000,000,000: Provided
                                                 further, That the exposure fees charged and collected by the Sec-
                                                 retary for each guarantee shall be paid by the country involved
                                                 and shall not be financed as part of a loan guaranteed by the
                          Reports.               United States: Provided further, That the Secretary shall provide
                                                 quarterly reports to the Committees on Appropriations, Armed Serv-
                                                 ices, and Foreign Relations of the Senate and the Committees
                                                 on Appropriations, Armed Services, and International Relations
                                                 in the House of Representatives on the implementation of this
                                                 program: Provided further, That amounts charged for administra-
                                                 tive fees and deposited to the special account provided for under
                                                 section 2540c(d) of title 10, shall be available for paying the costs
                                                 of administrative expenses of the Department of Defense that are
                                                 attributable to the loan guarantee program under subchapter VI
                                                 of chapter 148 of title 10, United States Code.
                                                      SEC. 8074. None of the funds available to the Department
                                                 of Defense under this Act shall be obligated or expended to pay
                                                 a contractor under a contract with the Department of Defense
                                                 for costs of any amount paid by the contractor to an employee
                                                 when—
                                                           (1) such costs are for a bonus or otherwise in excess of
                                                      the normal salary paid by the contractor to the employee;
                                                      and
                                                           (2) such bonus is part of restructuring costs associated
                                                      with a business combination.
                                                      SEC. 8075. (a) None of the funds appropriated or otherwise
                                                 made available in this Act may be used to transport or provide
                                                 for the transportation of chemical munitions or agents to the John-
                                                 ston Atoll for the purpose of storing or demilitarizing such muni-
                                                 tions or agents.
                                                      (b) The prohibition in subsection (a) shall not apply to any
                                                 obsolete World War II chemical munition or agent of the United
                                                 States found in the World War II Pacific Theater of Operations.
                                                      (c) The President may suspend the application of subsection
                                                 (a) during a period of war in which the United States is a party.
                                                      SEC. 8076. Up to $3,000,000 of the funds appropriated under
                                                 the heading ‘‘Operation and Maintenance, Navy’’ in this Act for
                                                 the Pacific Missile Range Facility may be made available to contract
                                                 for the repair, maintenance, and operation of adjacent off-base
                                                 water, drainage, and flood control systems critical to base oper-
                                                 ations.
                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      SEC. 8077. During the current fiscal year, no more than
                                                 $30,000,000 of appropriations made in this Act under the heading
                                                 ‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
                                                 to appropriations available for the pay of military personnel, to
                                                 be merged with, and to be available for the same time period
                                                 as the appropriations to which transferred, to be used in support
                                                 of such personnel in connection with support and services for eligible
                                                 organizations and activities outside the Department of Defense
                                                 pursuant to section 2012 of title 10, United States Code.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2265

                               SEC. 8078. For purposes of section 1553(b) of title 31, United                                   Applicability.
                          States Code, any subdivision of appropriations made in this Act
                          under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
                          considered to be for the same purpose as any subdivision under
                          the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
                          in any prior year, and the 1 percent limitation shall apply to
                          the total amount of the appropriation.
                               SEC. 8079. During the current fiscal year, in the case of an
                          appropriation account of the Department of Defense for which the
                          period of availability for obligation has expired or which has closed
                          under the provisions of section 1552 of title 31, United States
                          Code, and which has a negative unliquidated or unexpended bal-
                          ance, an obligation or an adjustment of an obligation may be
                          charged to any current appropriation account for the same purpose
                          as the expired or closed account if—
                                    (1) the obligation would have been properly chargeable
                               (except as to amount) to the expired or closed account before
                               the end of the period of availability or closing of that account;
                                    (2) the obligation is not otherwise properly chargeable to
                               any current appropriation account of the Department of
                               Defense; and
                                    (3) in the case of an expired account, the obligation is
                               not chargeable to a current appropriation of the Department
                               of Defense under the provisions of section 1405(b)(8) of the
                               National Defense Authorization Act for Fiscal Year 1991, Public
                               Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
                               That in the case of an expired account, if subsequent review
                               or investigation discloses that there was not in fact a negative
                               unliquidated or unexpended balance in the account, any charge
                               to a current account under the authority of this section shall
                               be reversed and recorded against the expired account: Provided
                               further, That the total amount charged to a current appropria-
                               tion under this section may not exceed an amount equal to
                               1 percent of the total appropriation for that account.
                               SEC. 8080. Funds appropriated in title II of this Act and for
                          the Defense Health Program in title VI of this Act for supervision
                          and administration costs for facilities maintenance and repair,
                          minor construction, or design projects may be obligated at the
                          time the reimbursable order is accepted by the performing activity:
                          Provided, That for the purpose of this section, supervision and
                          administration costs includes all in-house Government cost.
                               SEC. 8081. During the current fiscal year, the Secretary of
                          Defense may waive reimbursement of the cost of conferences, semi-
                          nars, courses of instruction, or similar educational activities of
                          the Asia-Pacific Center for Security Studies for military officers
                          and civilian officials of foreign nations if the Secretary determines
                          that attendance by such personnel, without reimbursement, is in
                          the national security interest of the United States: Provided, That
                          costs for which reimbursement is waived pursuant to this section
                          shall be paid from appropriations available for the Asia-Pacific
                          Center.
                               SEC. 8082. (a) Notwithstanding any other provision of law,
                          the Chief of the National Guard Bureau may permit the use of
                          equipment of the National Guard Distance Learning Project by
                          any person or entity on a space-available, reimbursable basis. The
                          Chief of the National Guard Bureau shall establish the amount
                          of reimbursement for such use on a case-by-case basis.




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                          115 STAT. 2266                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      (b) Amounts collected under subsection (a) shall be credited
                                                 to funds available for the National Guard Distance Learning Project
                                                 and be available to defray the costs associated with the use of
                                                 equipment of the project under that subsection. Such funds shall
                                                 be available for such purposes without fiscal year limitation.
                                                      SEC. 8083. Using funds available by this Act or any other
                                                 Act, the Secretary of the Air Force, pursuant to a determination
                                                 under section 2690 of title 10, United States Code, may implement
                                                 cost-effective agreements for required heating facility modernization
                                                 in the 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.
                          31 USC 3902                 SEC. 8084. Notwithstanding 31 U.S.C. 3902, during the current
                          note.                  fiscal year and hereafter, interest penalties may be paid by the
                                                 Department of Defense from funds financing the operation of the
                                                 military department or defense agency with which the invoice or
                                                 contract payment is associated.
                                                      SEC. 8085. None of the funds appropriated in title IV of this
                                                 Act may be used to procure end-items for delivery to military
                                                 forces for operational training, operational use or inventory require-
                                                 ments: Provided, That this restriction does not apply to end-items
                                                 used in development, prototyping, and test activities preceding and
                                                 leading to acceptance for operational use: Provided further, That
                                                 this restriction does not apply to programs funded within the
                                                 National Foreign Intelligence Program: Provided further, That the
                                                 Secretary of Defense may waive this restriction on a case-by-case
                                                 basis by certifying in writing to the Committees on Appropriations
                                                 of the House of Representatives and the Senate that it is in the
                                                 national security interest to do so.
                                                      SEC. 8086. Of the funds made available under the heading
                                                 ‘‘Operation and Maintenance, Air Force’’, not less than $1,500,000
                                                 shall be made available by grant or otherwise, to the Council
                                                 of Athabascan Tribal Governments, to provide assistance for health
                                                 care, monitoring and related issues associated with research con-
                                                 ducted from 1955 to 1957 by the former Arctic Aeromedical Labora-
                                                 tory.
                                                      SEC. 8087. In addition to the amounts appropriated or otherwise
                                                 made available in this Act, $3,500,000, to remain available until
                                                 September 30, 2002, is hereby appropriated to the Department
                                                 of Defense: Provided, That the Secretary of Defense shall make
                                                 a grant in the amount of $3,500,000 to the American Red Cross
                                                 for Armed Forces Emergency Services.
                                                      SEC. 8088. None of the funds made available in this Act may
                                                 be used to approve or license the sale of the F–22 advanced tactical
                                                 fighter to any foreign government.
                                                      SEC. 8089. (a) The Secretary of Defense may, on a case-by-
                                                 case basis, waive with respect to a foreign country each limitation
                                                 on the procurement of defense items from foreign sources provided
                                                 in law if the Secretary determines that the application of the
                                                 limitation with respect to that country would invalidate cooperative
                                                 programs entered into between the Department of Defense and




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2267

                          the foreign country, or would invalidate reciprocal trade agreements
                          for the procurement of defense items entered into under section
                          2531 of title 10, United States Code, and the country does not
                          discriminate against the same or similar defense items produced
                          in the United States for that country.
                               (b) Subsection (a) applies with respect to—
                                    (1) contracts and subcontracts entered into on or after
                               the date of the enactment of this Act; and
                                    (2) options for the procurement of items that are exercised
                               after such date under contracts that are entered into before
                               such date if the option prices are adjusted for any reason
                               other than the application of a waiver granted under subsection
                               (a).
                               (c) Subsection (a) does not apply to a limitation regarding
                          construction of public vessels, ball and roller bearings, food, and
                          clothing or textile materials as defined by section 11 (chapters
                          50–65) of the Harmonized Tariff Schedule and products classified
                          under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019,
                          7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through
                          7508, 8105, 8108, 8109, 8211, 8215, and 9404.
                               SEC. 8090. Funds made available to the Civil Air Patrol in
                          this Act under the heading ‘‘Drug Interdiction and Counter-Drug
                          Activities, Defense’’ may be used for the Civil Air Patrol Corpora-
                          tion’s counterdrug program, including its demand reduction pro-
                          gram involving youth programs, as well as operational and training
                          drug reconnaissance missions for Federal, State, and local govern-
                          ment agencies; and for equipment needed for mission support or
                          performance: Provided, That the Department of the Air Force should
                          waive reimbursement from the Federal, State, and local government
                          agencies for the use of these funds.
                               SEC. 8091. Section 8125 of the Department of Defense Appro-
                          priations Act, 2001 (Public Law 106–259), is hereby repealed.                                         114 Stat. 702.
                               SEC. 8092. Of the funds appropriated in this Act under the
                          heading ‘‘Research, Development, Test and Evaluation, Navy’’, up
                          to $2,600,000 may be made available for a Maritime Fire Training
                          Center at Barbers Point, including provision for laboratories,
                          construction, and other efforts associated with research, develop-
                          ment, and other programs of major importance to the Department
                          of Defense.
                               SEC. 8093. (a) PROHIBITION.—None of the funds made available
                          by this Act may be used to support any training program involving
                          a unit of the security forces of a foreign country if the Secretary
                          of Defense has received credible information from the Department
                          of State that the unit has committed a gross violation of human
                          rights, unless all necessary corrective steps have been taken.
                               (b) MONITORING.—The Secretary of Defense, in consultation
                          with the Secretary of State, shall ensure that prior to a decision
                          to conduct any training program referred to in subsection (a), full
                          consideration is given to all credible information available to the
                          Department of State relating to human rights violations by foreign
                          security forces.
                               (c) WAIVER.—The Secretary of Defense, after consultation with
                          the Secretary of State, may waive the prohibition in subsection
                          (a) if he determines that such waiver is required by extraordinary
                          circumstances.
                               (d) REPORT.—Not more than 15 days after the exercise of any                                      Deadline.
                          waiver under subsection (c), the Secretary of Defense shall submit




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                          115 STAT. 2268                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 a report to the congressional defense committees describing the
                                                 extraordinary circumstances, the purpose and duration of the
                                                 training program, the United States forces and the foreign security
                                                 forces involved in the training program, and the information
                                                 relating to human rights violations that necessitates the waiver.
                                                      SEC. 8094. The Secretary of Defense, in coordination with the
                                                 Secretary of Health and Human Services, may carry out a program
                                                 to distribute surplus dental equipment of the Department of
                                                 Defense, at no cost to the Department of Defense, to Indian health
                                                 service facilities and to federally-qualified health centers (within
                                                 the meaning of section 1905(l)(2)(B) of the Social Security Act
                                                 (42 U.S.C. 1396d(l)(2)(B))).
                                                      SEC. 8095. The total amount appropriated in this Act is hereby
                                                 reduced by $240,000,000 to reflect savings from favorable foreign
                                                 currency fluctuations, to be derived as follows:
                                                          ‘‘Military Personnel, Army’’, $39,400,000;
                                                          ‘‘Military Personnel, Navy’’, $800,000;
                                                          ‘‘Military Personnel, Marine Corps’’, $9,900,000;
                                                          ‘‘Military Personnel, Air Force’’, $19,500,000;
                                                          ‘‘Operation and Maintenance, Army’’, $87,600,000;
                                                          ‘‘Operation and Maintenance, Navy’’, $18,300,000;
                                                          ‘‘Operation and Maintenance, Marine Corps’’, $1,300,000;
                                                          ‘‘Operation and Maintenance, Air Force’’, $33,800,000; and
                                                          ‘‘Operation and Maintenance, Defense-Wide’’, $29,400,000.
                                                      SEC. 8096. None of the funds appropriated or made available
                                                 in this Act to the Department of the Navy shall be used to develop,
                                                 lease or procure the T–AKE class of ships unless the main propul-
                                                 sion diesel engines and propulsors are manufactured in the United
                                                 States by a domestically operated entity: Provided, That the Sec-
                                                 retary of Defense may waive this restriction on a case-by-case
                                                 basis by certifying in writing to the Committees on Appropriations
                                                 of the House of Representatives and the Senate that adequate
                                                 domestic supplies are not available to meet Department of Defense
                                                 requirements on a timely basis and that such an acquisition must
                                                 be made in order to acquire capability for national security purposes
                                                 or there exists a significant cost or quality difference.
                          10 USC 221 note.            SEC. 8097. The budget of the President for fiscal year 2003
                                                 submitted to the Congress pursuant to section 1105 of title 31,
                                                 United States Code, and each annual budget request thereafter,
                                                 shall include separate budget justification documents for costs of
                                                 United States Armed Forces’ participation in contingency operations
                                                 for the Military Personnel accounts, the Overseas Contingency
                                                 Operations Transfer Fund, the Operation and Maintenance
                                                 accounts, and the Procurement accounts: Provided, That these
                                                 budget justification documents shall include a description of the
                                                 funding requested for each anticipated contingency operation, for
                                                 each military service, to include active duty and Guard and Reserve
                                                 components, and for each appropriation account: Provided further,
                                                 That these documents shall include estimated costs for each element
                                                 of expense or object class, a reconciliation of increases and decreases
                                                 for ongoing contingency operations, and programmatic data
                                                 including, but not limited to troop strength for each active duty
                                                 and Guard and Reserve component, and estimates of the major
                                                 weapons systems deployed in support of each contingency: Provided
                                                 further, That these documents shall include budget exhibits OP–
                                                 5 and OP–32, as defined in the Department of Defense Financial




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2269

                          Management Regulation, for the Overseas Contingency Operations
                          Transfer Fund for fiscal years 2001 and 2002.
                               SEC. 8098. Notwithstanding any other provision of law, the
                          total amount appropriated in this Act under title I and title II
                          is hereby reduced by $50,000,000: Provided, That during the current
                          fiscal year, not more than 250 military and civilian personnel of
                          the Department of Defense shall be assigned to legislative affairs
                          or legislative liaison functions: Provided further, That of the 250
                          personnel assigned to legislative liaison or legislative affairs func-
                          tions, 20 percent shall be assigned to the Office of the Secretary
                          of Defense and the Office of the Chairman of the Joint Chiefs
                          of Staff, 20 percent shall be assigned to the Department of the
                          Army, 20 percent shall be assigned to the Department of the Navy,
                          20 percent shall be assigned to the Department of the Air Force,
                          and 20 percent shall be assigned to the combatant commands:
                          Provided further, That of the personnel assigned to legislative liai-
                          son and legislative affairs functions, no fewer than 20 percent
                          shall be assigned to the Under Secretary of Defense (Comptroller),
                          the Assistant Secretary of the Army (Financial Management and
                          Comptroller), the Assistant Secretary of the Navy (Financial
                          Management and Comptroller), and the Assistant Secretary of the
                          Air Force (Financial Management and Comptroller).
                               SEC. 8099. None of the funds appropriated or otherwise made
                          available by this or other Department of Defense Appropriations
                          Acts may be obligated or expended for the purpose of performing
                          repairs or maintenance to military family housing units of the
                          Department of Defense, including areas in such military family
                          housing units that may be used for the purpose of conducting
                          official Department of Defense business.
                               SEC. 8100. Notwithstanding any other provision of law, funds
                          appropriated in this Act under the heading ‘‘Research, Development,
                          Test and Evaluation, Defense-Wide’’ for any advanced concept tech-
                          nology demonstration project may only be obligated 30 days after
                          a report, including a description of the project and its estimated
                          annual and total cost, has been provided in writing to the congres-
                          sional defense committees: Provided, That the Secretary of Defense
                          may waive this restriction on a case-by-case basis by certifying
                          to the congressional defense committees that it is in the national
                          interest to do so.
                               SEC. 8101. Notwithstanding any other provision of law, for
                          the purpose of establishing all Department of Defense policies gov-
                          erning the provision of care provided by and financed under the
                          military health care system’s case management program under
                          10 U.S.C. 1079(a)(17), the term ‘‘custodial care’’ shall be defined
                          as care designed essentially to assist an individual in meeting
                          the activities of daily living and which does not require the super-
                          vision of trained medical, nursing, paramedical or other specially
                          trained individuals: Provided, That the case management program
                          shall provide that members and retired members of the military
                          services, and their dependents and survivors, have access to all
                          medically necessary health care through the health care delivery
                          system of the military services regardless of the health care status
                          of the person seeking the health care: Provided further, That the
                          case management program shall be the primary obligor for payment
                          of medically necessary services and shall not be considered as
                          secondarily liable to title XIX of the Social Security Act, other
                          welfare programs or charity based care.




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                          115 STAT. 2270                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      SEC. 8102. Notwithstanding any other provision in this Act,
                                                 the total amount appropriated in this Act is hereby reduced by
                                                 $262,000,000, to reduce cost growth in travel, to be distributed
                                                 as follows:
                                                           ‘‘Operation and Maintenance, Army’’, $21,000,000;
                                                           ‘‘Operation and Maintenance, Navy’’, $14,000,000;
                                                           ‘‘Operation and Maintenance, Marine Corps’’, $4,000,000;
                                                           ‘‘Operation and Maintenance, Air Force’’, $180,000,000;
                                                           ‘‘Operation and Maintenance, Defense-wide’’, $20,000,000;
                                                           ‘‘Operation and Maintenance, Army Reserve’’, $4,000,000;
                                                           ‘‘Operation and Maintenance, Navy Reserve’’, $2,000,000;
                                                           ‘‘Operation and Maintenance, Air Force Reserve’’,
                                                      $5,000,000;
                                                           ‘‘Operation and Maintenance, Army National Guard’’,
                                                      $6,000,000; and
                                                           ‘‘Operation and Maintenance, Air National Guard’’,
                                                      $6,000,000.
                                                      SEC. 8103. During the current fiscal year, refunds attributable
                                                 to the use of the Government travel card, refunds attributable
                                                 to the use of the Government Purchase Card and refunds attrib-
                                                 utable to official Government travel arranged by Government Con-
                                                 tracted Travel Management Centers may be credited to operation
                                                 and maintenance accounts of the Department of Defense which
                                                 are current when the refunds are received.
                                                      SEC. 8104. (a) REGISTERING FINANCIAL MANAGEMENT INFORMA-
                                                 TION TECHNOLOGY SYSTEMS WITH DOD CHIEF INFORMATION
                                                 OFFICER.—None of the funds appropriated in this Act may be used
                                                 for a mission critical or mission essential financial management
                                                 information technology system (including a system funded by the
                                                 defense working capital fund) that is not registered with the Chief
                                                 Information Officer of the Department of Defense. A system shall
                                                 be considered to be registered with that officer upon the furnishing
                                                 to that officer of notice of the system, together with such information
                                                 concerning the system as the Secretary of Defense may prescribe.
                                                 A financial management information technology system shall be
                                                 considered a mission critical or mission essential information tech-
                                                 nology system as defined by the Under Secretary of Defense (Comp-
                                                 troller).
                                                      (b) CERTIFICATIONS AS TO COMPLIANCE WITH FINANCIAL
                                                 MANAGEMENT MODERNIZATION PLAN.—(1) During the current fiscal
                                                 year, a financial management major automated information system
                                                 may not receive Milestone I approval, Milestone II approval, or
                                                 Milestone III approval, or their equivalent, within the Department
                                                 of Defense until the Under Secretary of Defense (Comptroller) cer-
                                                 tifies, with respect to that milestone, that the system is being
                                                 developed in accordance with the Department’s Financial Manage-
                                                 ment Modernization Plan. The Under Secretary of Defense (Comp-
                                                 troller) may require additional certifications, as appropriate, with
                                                 respect to any such system.
                          Notification.               (2) The Chief Information Officer shall provide the congres-
                                                 sional defense committees timely notification of certifications under
                                                 paragraph (1).
                                                      (c) DEFINITIONS.—For purposes of this section:
                                                           (1) The term ‘‘Chief Information Officer’’ means the senior
                                                      official of the Department of Defense designated by the Sec-
                                                      retary of Defense pursuant to section 3506 of title 44, United
                                                      States Code.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2271

                                    (2) The term ‘‘information technology system’’ has the
                               meaning given the term ‘‘information technology’’ in section
                               5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
                                    (3) The term ‘‘major automated information system’’ has
                               the meaning given that term in Department of Defense Direc-
                               tive 5000.1.
                               SEC. 8105. During the current fiscal year, none of the funds
                          available to the Department of Defense may be used to provide
                          support to another department or agency of the United States
                          if such department or agency is more than 90 days in arrears
                          in making payment to the Department of Defense for goods or
                          services previously provided to such department or agency on a
                          reimbursable basis: Provided, That this restriction shall not apply
                          if the department is authorized by law to provide support to such
                          department or agency on a nonreimbursable basis, and is providing
                          the requested support pursuant to such authority: Provided further,
                          That the Secretary of Defense may waive this restriction on a
                          case-by-case basis by certifying in writing to the Committees on
                          Appropriations of the House of Representatives and the Senate
                          that it is in the national security interest to do so.
                               SEC. 8106. None of the funds provided in this Act may be
                          used to transfer to any nongovernmental entity ammunition held
                          by the Department of Defense that has a center-fire cartridge
                          and a United States military nomenclature designation of ‘‘armor
                          penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
                          (API)’’, or ‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
                          entity performing demilitarization services for the Department of
                          Defense under a contract that requires the entity to demonstrate
                          to the satisfaction of the Department of Defense that armor piercing
                          projectiles are either: (1) rendered incapable of reuse by the demili-
                          tarization process; or (2) used to manufacture ammunition pursuant
                          to a contract with the Department of Defense or the manufacture
                          of ammunition for export pursuant to a License for Permanent
                          Export of Unclassified Military Articles issued by the Department
                          of State.
                               SEC. 8107. Notwithstanding any other provision of law, the
                          Chief of the National Guard Bureau, or his designee, may waive
                          payment of all or part of the consideration that otherwise would
                          be required under 10 U.S.C. 2667, in the case of a lease of personal
                          property for a period not in excess of 1 year to any organization
                          specified in 32 U.S.C. 508(d), or any other youth, social, or fraternal
                          non-profit organization as may be approved by the Chief of the
                          National Guard Bureau, or his designee, on a case-by-case basis.
                               SEC. 8108. None of the funds appropriated by this Act shall                                      Alcohol and
                          be used for the support of any nonappropriated funds activity                                         alcoholic
                          of the Department of Defense that procures malt beverages and                                         beverages.
                                                                                                                                10 USC 2488
                          wine with nonappropriated funds for resale (including such alcoholic                                  note.
                          beverages sold by the drink) on a military installation located
                          in the United States unless such malt beverages and wine are
                          procured within that State, or in the case of the District of
                          Columbia, within the District of Columbia, in which the military
                          installation is located: Provided, That in a case in which the military
                          installation is located in more than one State, purchases may be
                          made in any State in which the installation is located: Provided
                          further, That such local procurement requirements for malt bev-                                       Applicability.
                          erages and wine shall apply to all alcoholic beverages only for
                          military installations in States which are not contiguous with




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                          115 STAT. 2272                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 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.
                          Regulations.                SEC. 8109. During the current fiscal year, under regulations
                                                 prescribed by the Secretary of Defense, the Center of Excellence
                                                 for Disaster Management and Humanitarian Assistance may also
                                                 pay, or authorize payment for, the expenses of providing or facili-
                                                 tating education and training for appropriate military and civilian
                                                 personnel of foreign countries in disaster management, peace oper-
                                                 ations, and humanitarian assistance.
                          Contracts.                  SEC. 8110. (a) The Department of Defense is authorized to
                                                 enter into agreements with the Veterans Administration and feder-
                                                 ally-funded health agencies providing services to Native Hawaiians
                                                 for the purpose of establishing a partnership similar to the Alaska
                                                 Federal Health Care Partnership, in order to maximize Federal
                                                 resources in the provision of health care services by federally-
                                                 funded health agencies, applying telemedicine technologies. For the
                                                 purpose of this partnership, Native Hawaiians shall have the same
                                                 status as other Native Americans who are eligible for the health
                                                 care services provided by the Indian Health Service.
                                                      (b) The Department of Defense is authorized to develop a con-
                                                 sultation policy, consistent with Executive Order No. 13084 (issued
                                                 May 14, 1998), with Native Hawaiians for the purpose of assuring
                                                 maximum Native Hawaiian participation in the direction and
                                                 administration of governmental services so as to render those serv-
                                                 ices more responsive to the needs of the Native Hawaiian commu-
                                                 nity.
                                                      (c) For purposes of this section, the term ‘‘Native Hawaiian’’
                                                 means any individual who is a descendant of the aboriginal people
                                                 who, prior to 1778, occupied and exercised sovereignty in the area
                                                 that now comprises the State of Hawaii.
                                                      SEC. 8111. In addition to the amounts provided elsewhere in
                                                 this Act, the amount of $8,500,000 is hereby appropriated for ‘‘Oper-
                                                 ation and Maintenance, Defense-Wide’’, to be available, notwith-
                                                 standing any other provision of law, only for a grant to the United
                                                 Service Organizations Incorporated, a federally chartered corpora-
                                                 tion under chapter 2201 of title 36, United States Code. The grant
                                                 provided under authority of this section is in addition to any grant
                                                 provided for under any other provision of law.
                                                      SEC. 8112. Of the amounts appropriated in this Act under
                                                 the heading ‘‘Research, Development, Test and Evaluation, Defense-
                                                 Wide’’, $131,700,000 shall be made available for the Arrow missile
                                                 defense program: Provided, That of this amount, $97,700,000 shall
                                                 be made available for the purpose of continuing the Arrow System
                                                 Improvement Program (ASIP), continuing ballistic missile defense
                                                 interoperability with Israel, and establishing an Arrow production
                                                 capability in the United States: Provided further, That the
                                                 remainder, $34,000,000, shall be available for the purpose of
                                                 adjusting the cost-share of the parties under the Agreement between
                                                 the Department of Defense and the Ministry of Defense of Israel
                                                 for the Arrow Deployability Program.
                                                      SEC. 8113. Funds available to the Department of Defense for
                                                 the Global Positioning System during the current fiscal year may
                                                 be used to fund civil requirements associated with the satellite
                                                 and ground control segments of such system’s modernization pro-
                                                 gram.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2273

                                                        (INCLUDING TRANSFER OF FUNDS)
                               SEC. 8114. Of the amounts appropriated in this Act under
                          the heading, ‘‘Operation and Maintenance, Defense-Wide’’,
                          $115,000,000 shall remain available until expended: Provided, That
                          notwithstanding any other provision of law, the Secretary of Defense
                          is authorized to transfer such funds to other activities of the Federal
                          Government.
                               SEC. 8115. None of the funds appropriated in this Act under
                          the heading ‘‘Overseas Contingency Operations Transfer Fund’’ may
                          be transferred or obligated for Department of Defense expenses
                          not directly related to the conduct of overseas contingencies: Pro-
                          vided, That the Secretary of Defense shall submit a report no                                          Reports.
                          later than 30 days after the end of each fiscal quarter to the                                         Deadline.
                          Committees on Appropriations of the Senate and House of Rep-
                          resentatives that details any transfer of funds from the ‘‘Overseas
                          Contingency Operations Transfer Fund’’: Provided further, That
                          the report shall explain any transfer for the maintenance of real
                          property, pay of civilian personnel, base operations support, and
                          weapon, vehicle or equipment maintenance.
                               SEC. 8116. In addition to amounts appropriated elsewhere in
                          this Act, $4,500,000 is hereby appropriated to the Department
                          of Defense: Provided, That the Secretary of the Army shall make
                          a grant in the amount of $4,500,000 to the Fort Des Moines Memo-
                          rial Park and Education Center.
                               SEC. 8117. In addition to amounts appropriated elsewhere in
                          this Act, $4,250,000 is hereby appropriated to the Department
                          of Defense: Provided, That the Secretary of Defense shall make
                          a grant in the amount of $4,250,000 to the National D-Day Museum.
                               SEC. 8118. Section 8106 of the Department of Defense Appro-                                       Applicability.
                          priations Act, 1997 (titles I through VIII of the matter under                                         10 USC 113 note.
                          subsection 101(b) of Public Law 104–208; 110 Stat. 3009–111; 10
                          U.S.C. 113 note) shall continue in effect to apply to disbursements
                          that are made by the Department of Defense in fiscal year 2002.
                               SEC. 8119. In addition to amounts provided in this Act,
                          $1,700,000 is hereby appropriated for ‘‘Defense Health Program’’,
                          to remain available for obligation until expended: Provided, That
                          notwithstanding any other provision of law, these funds shall be
                          available only for a grant to the Fisher House Foundation, Inc.,
                          only for the construction and furnishing of additional Fisher Houses
                          to meet the needs of military family members when confronted
                          with the illness or hospitalization of an eligible military beneficiary.
                               SEC. 8120. (a) Section 8162 of the Department of Defense
                          Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106–
                          79) is amended—
                                    (1) by redesignating subsection (m) as subsection (o); and
                                    (2) by adding after subsection (l) the following:
                               ‘‘(m) AUTHORITY TO ESTABLISH MEMORIAL.—
                                    ‘‘(1) IN GENERAL.—The Commission may establish a perma-
                               nent memorial to Dwight D. Eisenhower on land under the
                               jurisdiction of the Secretary of the Interior in the District
                               of Columbia or its environs.
                                    ‘‘(2) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE
                               WORKS.—The establishment of the memorial shall be in accord-
                               ance with the Commemorative Works Act (40 U.S.C. 1001
                               et seq.).’’.




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                          115 STAT. 2274                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      (b) Section 8162 of the Department of Defense Appropriations
                                                 Act, 2000 (16 U.S.C. 431 note; Public Law 106–79) is amended—
                                                            (1) in subsection (j)(2), by striking ‘‘accept gifts’’ and
                                                      inserting ‘‘solicit and accept contributions’’; and
                                                            (2) by inserting after subsection (m) (as added by subsection
                                                      (a)(2)) the following:
                                                      ‘‘(n) MEMORIAL FUND.—
                                                            ‘‘(1) ESTABLISHMENT.—There is created in the Treasury
                                                      a fund for the memorial to Dwight D. Eisenhower that includes
                                                      amounts contributed under subsection (j)(2).
                                                            ‘‘(2) USE OF FUND.—The fund shall be used for the expenses
                                                      of establishing the memorial.
                                                            ‘‘(3) INTEREST.—The Secretary of the Treasury shall credit
                                                      to the fund the interest on obligations held in the fund.’’.
                                                      (c) In addition to the amounts appropriated or otherwise made
                                                 available elsewhere in this Act for the Department of Defense,
                                                 $2,600,000, to remain available until expended is hereby appro-
                                                 priated to the Department of Defense: Provided, That the Secretary
                                                 of Defense shall make a grant in the amount of $2,600,000 to
                                                 the Dwight D. Eisenhower Memorial Commission for direct adminis-
                                                 trative support.
                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      SEC. 8121. In addition to the amounts appropriated elsewhere
                                                 in this Act, $1,700,000, to remain available until expended, is
                          Deadline.              hereby appropriated to the Department of Defense: Provided, That
                                                 not later than 30 days after the enactment of this Act, the Secretary
                                                 of Defense shall transfer these funds to the Department of Energy
                                                 appropriation account ‘‘Fossil Energy Research and Development’’,
                                                 only for a proposed conceptual design study to examine the feasi-
                                                 bility of a zero emissions, steam injection process with possible
                                                 applications for increased power generation efficiency, enhanced
                                                 oil recovery and carbon sequestration.
                          Contracts.                  SEC. 8122. In addition to amounts appropriated elsewhere in
                          Claims.                this Act, $8,000,000 shall be available only for the settlement of
                                                 subcontractor claims for payment associated with the Air Force
                                                 contract F19628–97–C–0105, Clear Radar Upgrade, at Clear AFS,
                                                 Alaska: Provided, That all affected subcontractors shall mutually
                                                 resolve the amounts claimed for payment by cooperative negotiation,
                                                 third-party mediation or other form of alternative dispute resolution
                                                 and shall present such claims to the Secretary of the Air Force:
                                                 Provided further, That the Secretary of the Air Force shall evaluate
                                                 claims as may be submitted by subcontractors, engaged under the
                                                 contract, and, notwithstanding any other provision of law shall
                                                 pay such amounts from the funds provided in this paragraph which
                                                 the Secretary deems appropriate to settle completely any claims
                                                 which the Secretary determines to have merit, with no right of
                                                 appeal in any forum: Provided further, That subcontractors are
                                                 to be paid interest, calculated in accordance with the Contract
                                                 Disputes Act of 1978, 41 U.S.C. 601–613, on any claims which
                                                 the Secretary determines to have merit: Provided further, That
                                                 the Secretary of the Air Force may delegate evaluation and payment
                                                 as above to the U.S. Army Corps of Engineers, Alaska District
                                                 on a reimbursable basis.
                                                      SEC. 8123. Notwithstanding any other provision of this Act,
                                                 the total amount appropriated in this Act is hereby reduced by
                                                 $1,650,000,000, to reflect savings to be achieved from business




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2275

                          process reforms, management efficiencies, and procurement of
                          administrative and management support: Provided, That none of
                          the funds provided in this Act may be used for consulting and
                          advisory services for legislative affairs and legislative liaison func-
                          tions.
                               SEC. 8124. Funds appropriated for Operation and Maintenance
                          in title II of this Act may be used to complete certain projects
                          for which funds have been provided from—
                                    (1) amounts appropriated for ‘‘Operation and Maintenance,
                               Navy’’ in section 110 of the Emergency Supplemental Act, 2000
                               (division B of Public Law 106–246; 114 Stat. 530); or
                                    (2) amounts appropriated for ‘‘Operation and Maintenance,
                               Navy’’ in section 9001(a)(2)(i) of the Department of Defense
                               Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 709).
                               SEC. 8125. In addition to amounts provided elsewhere in this                                    10 USC note
                          Act, $17,900,000 is hereby appropriated for the Secretary of Defense,                                prec. 2161.
                          to remain available until expended, to establish a Regional Defense
                          Counter-terrorism Fellowship Program: Provided, That funding pro-
                          vided herein may be used by the Secretary to fund foreign military
                          officers to attend U.S. military educational institutions and selected
                          regional centers for non-lethal training: Provided further, That
                          United States Regional Commanders in Chief will be the nominative
                          authority for candidates and schools for attendance with joint staff
                          review and approval by the Secretary of Defense: Provided further,
                          That the Secretary of Defense shall establish rules to govern the                                    Rules.
                          administration of this program.
                               SEC. 8126. Notwithstanding any other provision of law, from
                          funds appropriated in this or any other Act under the heading,
                          ‘‘Aircraft Procurement, Air Force’’, that remain available for obliga-
                          tion, not to exceed $26,700,000 shall be available for recording,
                          adjusting, and liquidating obligations for the C–17 aircraft properly
                          chargeable to the fiscal year 1998 and 1999 ‘‘Aircraft Procurement,
                          Air Force’’ account: Provided, That the Secretary of the Air Force                                   Notification.
                          shall notify the congressional defense committees 30 days prior
                          to obligation of all of the specific sources of funds to be used
                          for such purpose.
                               SEC. 8127. Notwithstanding any other provision of law, from
                          funds appropriated in this or any other Act under the heading,
                          ‘‘Missile Procurement, Air Force’’, that remain available for obliga-
                          tion, not to exceed $50,000,000 shall be available for recording,
                          adjusting, and liquidating obligations properly chargeable to fiscal
                          year 1997 and 1998 ‘‘Missile Procurement, Air Force’’ accounts:
                          Provided, That the Secretary of the Air Force shall notify the                                       Notification.
                          congressional defense committees 30 days prior to obligation of
                          all of the specific sources of funds to be used for such purpose.
                               SEC. 8128. Notwithstanding any provisions of the Southern
                          Nevada Public Land Management Act of 1998, Public Law 105–
                          263, or the land use planning provision of section 202 of the Federal
                          Land Policy and Management Act of 1976, Public Law 94–579,
                          or of any other law to the contrary, the Secretary of the Interior
                          may acquire non-Federal lands adjacent to Nellis Air Force Base,
                          through a land exchange in Nevada, to ensure the continued safe
                          operation of live ordnance departure areas at Nellis Air Force
                          Base, Las Vegas, Nevada. The Secretary of the Air Force shall
                          identify up to 220 acres of non-Federal lands needed to ensure
                          the continued safe operation of the live ordnance departure areas
                          at Nellis Air Force Base. Any such identified property acquired




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                          115 STAT. 2276                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 by exchange by the Secretary of the Interior shall be transferred
                                                 by the Secretary of the Interior to the jurisdiction, custody, and
                                                 control of the Secretary of the Air Force to be managed as a
                                                 part of Nellis Air Force Base. To the extent the Secretary of the
                                                 Interior is unable to acquire non-Federal lands by exchange, the
                                                 Secretary of the Air Force is authorized to purchase those lands
                                                 at fair market value subject to available appropriations.
                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      SEC. 8129. Of the amounts appropriated in this Act under
                                                 the heading, ‘‘Shipbuilding and Conversion, Navy’’, $729,248,000
                                                 shall be available until September 30, 2002, to fund prior year
                                                 shipbuilding cost increases: Provided, That upon enactment of this
                                                 Act, the Secretary of the Navy shall transfer such funds to the
                                                 following appropriations in the amounts specified: Provided further,
                                                 That the amounts transferred shall be merged with and be available
                                                 for the same purposes as the appropriations to which transferred:
                                                          To:
                                                              Under the heading, ‘‘Shipbuilding and Conversion,
                                                          Navy, 1995/2002’’:
                                                                  Carrier Replacement Program, $169,364,000;
                                                              Under the heading, ‘‘Shipbuilding and Conversion,
                                                          Navy, 1996/2002’’:
                                                                  LPD–17 Amphibious Transport Dock Ship Pro-
                                                              gram, $172,989,000;
                                                              Under the heading, ‘‘Shipbuilding and Conversion,
                                                          Navy, 1997/2002’’:
                                                                  DDG–51 Destroyer Program, $35,200,000;
                                                              Under the heading, ‘‘Shipbuilding and Conversion,
                                                          Navy, 1998/2002’’:
                                                                  NSSN Program, $166,561,000;
                                                                  DDG–51 Destroyer Program, $108,457,000;
                                                              Under the heading, ‘‘Shipbuilding and Conversion,
                                                          Navy, 1999/2002’’:
                                                                  NSSN Program, $60,429,000.
                                                              Under the heading, ‘‘Shipbuilding and Conversion,
                                                          Navy, 2001/2005’’:
                                                                  Submarine Refuelings, $16,248,000.
                                                                                    (TRANSFER OF FUNDS)
                                                      SEC. 8130. Upon enactment of this Act, the Secretary of the
                                                 Navy shall make the following transfers of funds: Provided, That
                                                 the amounts transferred shall be available for the same purpose
                                                 as the appropriations to which transferred, and for the same time
                                                 period as the appropriation from which transferred: Provided fur-
                                                 ther, That the amounts shall be transferred between the following
                                                 appropriations in the amount specified:
                                                      From:
                                                          Under the heading, ‘‘Shipbuilding and Conversion, Navy,
                                                      1990/2002’’:
                                                              TRIDENT ballistic missile submarine program,
                                                          $78,000;
                                                              SSN–21 attack submarine program, $66,000;
                                                              DDG–51 destroyer program, $6,100,000;
                                                              ENTERPRISE       refueling/modernization    program,
                                                          $964,000;




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2277

                                           LSD–41 dock landing ship cargo variant ship program,
                                       $237,000;
                                           MCM mine countermeasures program, $118,000;
                                           Oceanographic ship program, $2,317,000;
                                           AOE combat support ship program, $164,000;
                                           AO conversion program, $56,000;
                                           Coast Guard icebreaker ship program, $863,000;
                                           Craft, outfitting, post delivery, and ship special support
                                       equipment, $529,000;
                                To:
                                    Under the heading, ‘‘Shipbuilding and Conversion, Navy,
                                1998/2002’’: DDG–51 destroyer program, $11,492,000;
                                From:
                                    Under the heading, ‘‘Shipbuilding and Conversion, Navy,
                                1993/2002’’:
                                        DDG–51 destroyer program, $3,986,000;
                                        LHD–1 amphibious assault ship program, $85,000;
                                        LSD–41 dock landing ship cargo variant program,
                                    $428,000;
                                        AOE combat support ship program, $516,000;
                                        Craft, outfitting, post delivery, and first destination
                                    transportation, and inflation adjustments, $1,034,000;
                                To:
                                    Under the heading, ‘‘Shipbuilding and Conversion, Navy,
                                1998/2002’’: DDG–51 destroyer program, $6,049,000.
                                                        (INCLUDING TRANSFER OF FUNDS)
                               SEC. 8131. Of the funds appropriated by this Act under the
                          heading, ‘‘Operation and Maintenance, Navy’’, $56,000,000 shall
                          remain available until expended, only for costs associated with
                          the stabilization, return, refitting, necessary force protection
                          upgrades, and repair of the U.S.S. COLE: Provided, That the Sec-
                          retary of Defense may transfer these funds to appropriations
                          accounts for procurement and that the funds transferred shall be
                          merged with and shall be available for the same purposes and
                          for the same time period as the appropriation to which transferred:
                          Provided further, That the transfer authority provided in this sec-
                          tion is in addition to any other transfer authority available to
                          the Department of Defense.
                               SEC. 8132. (a) The Secretary of Defense shall convey to                                           Gwitchyaa Zhee
                          Gwitchyaa Zhee Corporation the lands withdrawn by Public Land                                          Corporation.
                          Order No. 1996, Lot 1 of United States Survey 7008, Public Land
                          Order No. 1396, a portion of Lot 3 of United States Survey 7161,
                          lands reserved pursuant to the instructions set forth at page 513
                          of volume 44 of the Interior Land Decisions issued January 13,
                          1916, Lot 13 of United States Survey 7161, Lot 1 of United States
                          Survey 7008 described in Public Land Order No. 1996, and Lot
                          13 of the United States Survey 7161 reserved pursuant to the
                          instructions set forth at page 513 of volume 44 of the Interior
                          Land Decisions issued January 13, 1916.
                               (b) Following site restoration and survey by the Department
                          of the Air Force that portion of Lot 3 of United States Survey
                          7161 withdrawn by Public Land Order No. 1396 and no longer
                          needed by the Air Force shall be conveyed to Gwitchyaa Zhee
                          Corporation.
                               SEC. 8133. The Secretary of the Navy may settle, or com-
                          promise, and pay any and all admiralty claims under 10 U.S.C.




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                          115 STAT. 2278                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 7622 arising out of the collision involving the U.S.S.
                                                 GREENEVILLE and the EHIME MARU, in any amount and with-
                                                 out regard to the monetary limitations in subsections (a) and (b)
                                                 of that section: Provided, That such payments shall be made from
                                                 funds available to the Department of the Navy for operation and
                                                 maintenance.
                          42 USC 429 note.            SEC. 8134. Notwithstanding section 229(a) of the Social Security
                                                 Act, no wages shall be deemed to have been paid to any individual
                                                 pursuant to that section in any calendar year after 2001.
                                                      SEC. 8135. The total amount appropriated in this Act is hereby
                                                 reduced by $105,000,000 to reflect fact-of-life changes in utilities
                                                 costs, to be derived as follows:
                                                           ‘‘Operation and Maintenance, Army’’, $34,700,000;
                                                           ‘‘Operation and Maintenance, Navy’’, $8,800,000;
                                                           ‘‘Operation and Maintenance, Marine Corps’’, $7,200,000;
                                                           ‘‘Operation and Maintenance, Air Force’’, $28,800,000;
                                                           ‘‘Operation and Maintenance, Defense-Wide’’, $4,500,000;
                                                           ‘‘Operation and Maintenance, Army Reserve’’, $2,700,000;
                                                           ‘‘Operation and Maintenance, Army National Guard’’,
                                                      $2,700,000;
                                                           ‘‘Operation and Maintenance, Air National Guard’’,
                                                      $3,400,000;
                                                           ‘‘Defense Working Capital Funds’’, $7,100,000; and
                                                           ‘‘Defense Health Program’’, $5,100,000.
                                                      SEC. 8136. (a) Of the total amount appropriated for ‘‘Operation
                                                 and Maintenance, Air Force’’, $2,100,000, to remain available until
                                                 expended, shall be available to the Secretary of the Air Force
                                                 only for the purpose of making a grant in the amount of $2,100,000
                                                 to the Lafayette Escadrille Memorial Foundation, Inc., to be used
                                                 to perform the repair, restoration, and preservation of the structure,
                                                 plaza, and surrounding grounds of the Lafayette Escadrille Memo-
                                                 rial in Marnes la-Coguette, France.
                                                      (b) The Secretary shall require as a condition of the grant—
                                                           (1) that the funds provided through the grant be used
                                                      only for costs associated with such repair, restoration, and
                                                      preservation; and
                                                           (2) that none of those funds may be used for remuneration
                                                      of any entity or individual associated with fund raising for
                                                      the project to carry out such repair, restoration, and preserva-
                                                      tion.
                          California.                 SEC. 8137. (a) DESIGNATION OF NATIONAL MEMORIAL.—The five-
                          16 USC 431 note.       foot-tall white cross first erected by the Veterans of Foreign Wars
                                                 of the United States in 1934 along Cima Road in San Bernardino
                                                 County, California, and now located within the boundary of the
                                                 Mojave National Preserve, as well as a limited amount of adjoining
                                                 Preserve property to be designated by the Secretary of the Interior,
                                                 is hereby designated as a national memorial commemorating United
                                                 States participation in World War I and honoring the American
                                                 veterans of that war.
                                                      (b) LEGAL DESCRIPTION.—The memorial cross referred to in
                                                 subsection (a) is located at latitude 35.316 North and longitude
                                                 115.548 West. The exact acreage and legal description of the prop-
                                                 erty to be included by the Secretary of the Interior in the national
                                                 World War I memorial shall be determined by a survey prepared
                                                 by the Secretary.
                                                      (c) REINSTALLATION OF MEMORIAL PLAQUE.—The Secretary of
                                                 the Interior shall use not more than $10,000 of funds available




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2279

                          for the administration of the Mojave National Preserve to acquire
                          a replica of the original memorial plaque and cross placed at the
                          national World War I memorial designated by subsection (a) and
                          to install the plaque in a suitable location on the grounds of the
                          memorial.
                               SEC. 8138. In addition to the amounts provided elsewhere in
                          this Act, the amount of $4,200,000 is hereby appropriated to the
                          Department of Defense for ‘‘Operation and Maintenance, Navy’’.
                          Such amount shall be used by the Secretary of the Navy only
                          to make a grant in the amount of $4,200,000 to the U.S.S. Alabama
                          Battleship Foundation, a nonprofit organization established under
                          the laws of the State of Alabama, to be available only for the
                          preservation of the former U.S.S. ALABAMA (ex BB–60) as a
                          museum and memorial.
                               SEC. 8139. In addition to the amounts provided elsewhere in
                          this Act, the amount of $4,250,000 is hereby appropriated to the
                          Department of Defense for ‘‘Operation and Maintenance, Navy’’.
                          Such amount shall be used by the Secretary of the Navy only
                          to make a grant in the amount of $4,250,000 to the Intrepid Sea-
                          Air-Space Foundation only for the preservation of the former U.S.S.
                          INTREPID (CV 11) as a museum and memorial.
                               SEC. 8140. In addition to the amounts provided elsewhere in
                          this Act, the amount of $6,000,000 is hereby appropriated to the
                          Department of Defense for ‘‘Operation and Maintenance, Air Force’’.
                          Such amount shall be used by the Secretary of the Air Force
                          only to make a grant in the amount of $6,000,000 to the Medical
                          Lake School District, Washington State school district number 326,
                          for relocation of the Fairchild Air Force Base Elementary School
                          within the boundary of Fairchild Air Force Base, Washington.
                               SEC. 8141. In addition to the amounts provided elsewhere in
                          this Act, the amount of $3,500,000 is hereby appropriated to the
                          Department of Defense for ‘‘Operation and Maintenance, Navy’’.
                          Such amount shall be used by the Secretary of the Navy only
                          to make a grant in the amount of $3,500,000 to the Central Kitsap
                          School District, Washington State school district number 401, for
                          the purchase and installation of equipment for a special needs
                          learning center to meet the needs of Department of Defense special
                          needs students at Submarine Base Bangor, Washington.
                               SEC. 8142. (a) In addition to amounts provided elsewhere in
                          this Act, the amount of $8,500,000 is hereby appropriated for ‘‘Oper-
                          ation and Maintenance, Defense-Wide’’, to be available to the Sec-
                          retary of Defense only for the purpose of making a grant for the
                          purpose specified in section 8156 of the Department of Defense
                          Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 707),
                          as amended by subsection (b). Such grant shall be made not later                                      Deadline.
                          than 90 days after the date of the enactment of this Act.
                               (b) Section 8156 of the Department of Defense Appropriations
                          Act, 2001 (Public Law 106–259; 114 Stat. 707), is amended by
                          striking the comma after ‘‘California’’ the first place it appears
                          and all that follows through ‘‘96–8867)’’.
                               SEC. 8143. (a) ACTIVITIES UNDER FORMERLY UTILIZED SITES
                          REMEDIAL ACTION PROGRAM.—Subject to subsections (b) through
                          (e) of section 611 of Public Law 106–60 (113 Stat. 502; 10 U.S.C.
                          2701 note), the Secretary of the Army, acting through the Chief
                          of Engineers, under the Formerly Utilized Sites Remedial Action
                          Program shall undertake the functions and activities specified in
                          subsection (a) of such section in order to—




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                          115 STAT. 2280                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                            (1) clean up radioactive contamination at the Shpack Land-
                                                       fill site located in Norton and Attleboro, Massachusetts; and
                                                            (2) clean up radioactive waste at the Shallow Land Disposal
                                                       Area located in Parks Township, Armstrong County, Pennsyl-
                                                       vania, consistent with the Memorandum of Understanding
                                                       Between the United States Nuclear Regulatory Commission
                                                       and the United States Army Corps of Engineers for Coordina-
                                                       tion on Cleanup and Decommissioning of the Formerly Utilized
                                                       Sites Remedial Action Program (FUSRAP) Sites with NRC-
                                                       Licensed Facilities, dated July 5, 2001.
                                                       (b) SPECIAL RULES REGARDING SHALLOW LAND DISPOSAL
                                                 AREA.—The Secretary of the Army shall seek to recover response
                                                 costs incurred by the Army Corps of Engineers for cleanup of
                                                 the Shallow Land Disposal Area from appropriate responsible par-
                                                 ties in accordance with the Comprehensive Environmental
                                                 Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
                                                 et seq.). The Secretary of the Army and the Corps of Engineers
                                                 shall not, by virtue of this cleanup, become liable for the actions
                                                 or omissions of past, current, or future licensees, owners, or opera-
                                                 tors of the Shallow Land Disposal Area.
                                                       (c) FUNDING SOURCES.—Amounts appropriated to the Army
                                                 Corps of Engineers for fiscal year 2001 and subsequent fiscal years
                                                 and available for the Formerly Utilized Sites Remedial Action Pro-
                                                 gram shall be available to carry out this section.
                                                       SEC. 8144. In addition to amounts otherwise appropriated or
                                                 made available by this Act, $3,000,000 is appropriated to the Sec-
                                                 retary of the Air Force and shall be used by the Secretary to
                                                 reestablish the Tethered Aerostat Radar System at Morgan City,
                                                 Louisiana, previously used by the Air Force in maritime, air, and
                                                 land counter-drug detection and monitoring. Of the amounts appro-
                                                 priated or otherwise made available for operation and maintenance
                                                 for the Air Force, the Secretary shall use $3,000,000 to operate
                                                 such Tethered Aerostat Radar System upon its reestablishment.
                                                       SEC. 8145. The $100,000 limitation established by section 8046
                                                 in Public Law 106–79 and section 8043 of Public Law 106–259,
                                                 shall not apply to amounts appropriated in that Act under the
                                                 heading ‘‘Operation and Maintenance, Defense-Wide’’ for expenses
                                                 related to certain classified activities associated with foreign mate-
                                                 rial.
                                                       SEC. 8146. The total amount appropriated in this Act for Oper-
                                                 ation and Maintenance is hereby reduced by $100,000,000, to reflect
                                                 savings attributable to improved supervision in determining appro-
                                                 priate purchases to be made using the Government purchase card,
                                                 to be derived as follows:
                                                            ‘‘Operation and Maintenance, Army’’, $37,000,000;
                                                            ‘‘Operation and Maintenance, Navy’’, $29,000,000;
                                                            ‘‘Operation and Maintenance, Marine Corps’’, $3,000,000;
                                                            ‘‘Operation and Maintenance, Air Force’’, $24,000,000; and
                                                            ‘‘Operation and Maintenance, Defense-Wide’’, $7,000,000.
                                                       SEC. 8147. The Secretary of Defense and the Secretary of Vet-
                                                 erans Affairs shall jointly conduct a comprehensive assessment
                                                 that identifies and evaluates changes to Department of Defense
                                                 and Department of Veterans Affairs health care delivery policies,
                                                 methods, practices, and procedures in order to provide improved
                                                 health care services at reduced costs to the taxpayer. This assess-
                                                 ment shall include a detailed independent review, based on a state-
                                                 ment of work authored by the Secretaries of both departments,




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2281

                          of options to collocate or share facilities and care providers in
                          areas where duplication and excess capacity may exist, optimize
                          economies of scale through joint procurement of supplies and serv-
                          ices, institute cooperative service agreements, and partially or fully
                          integrate DOD and VA systems providing telehealth services,
                          computerized patient records, provider credentialing, surgical
                          quality assessment, rehabilitation services, administrative services,
                          and centers of excellence for specialized health care services. The                                   Reports.
                          Secretaries shall jointly transmit a report to Congress by no later                                   Deadline.
                          than March 1, 2002, explaining the findings and conclusions of
                          this assessment, including detailed estimates of the costs, cost
                          savings, and service benefits of each recommendation, and making
                          legislative and administrative recommendations to implement the
                          results of this effort: Provided, That of the funds provided under
                          the heading ‘‘Defense Health Program’’ $2,500,000 shall be made
                          available only for the purpose of conducting the assessment
                          described in this section.
                               SEC. 8148. (a) Notwithstanding any other provision of law,
                          operation and maintenance funds provided in this Act may be
                          used for the purchase of ultralightweight camouflage net systems
                          as unit spares in order to modernize the current inventory of
                          camouflage screens to state-of-the-art protection standards more
                          quickly than would otherwise be the case.
                               (b) The authority provided by subsection (a) may not be used
                          until the Secretary of the Army submits to the congressional defense
                          committees a report certifying that, compared to the current system
                          that can be purchased with Army Operation and Maintenance
                          funds, the ultralightweight camouflage net system—
                                    (1) is technically superior against multi-spectral threat sen-
                               sors;
                                    (2) is less costly per unit; and
                                    (3) provides improved overall force protection.
                               SEC. 8149. ARMY ACQUISITION MANAGEMENT. (a) FUNDING
                          REDUCTION.—The amount appropriated in this Act for ‘‘Operation
                          and Maintenance, Army’’ is hereby reduced by $5,000,000 to reflect
                          efficiencies in Army acquisition management practices.
                               (b) REPORT TO CONGRESS ON ARMY REORGANIZATION.—The Sec-                                          Deadline.
                          retary of the Army shall submit a report to the congressional
                          defense committees no later than April 15, 2002 providing a detailed
                          explanation of the final plans for realigning Army requirements
                          generation, acquisition, resource management, and Departmental
                          headquarters functions and systems. Such report shall include an
                          independent assessment of the Army plan by the Center for Naval
                          Analyses. Such report shall also include an analysis of the annual
                          budget and personnel savings derived from this reorganization plan
                          by major function compared to the fiscal year 2001 baseline for
                          fiscal years 2002 through 2008.
                               SEC. 8150. (a) NON-PROFIT ARMY VENTURE CAPITAL CORPORA-
                          TION.—Of the funds made available for ‘‘Research, Development,
                          Test and Evaluation, Army’’, $25,000,000 shall be available to the
                          Secretary of the Army only for the purpose of funding a venture
                          capital investment corporation established pursuant to section 2371
                          of title 10 United States Code, to be derived as specified in sub-
                          section (b).
                               (b) FUNDING.—The amount specified in subsection (a) shall
                          be derived by reducing, on a pro rata basis, amounts made available
                          to the Army for basic research and applied research, except for




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                          115 STAT. 2282                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 amounts for research projects designated as congressional special
                                                 interest items and amounts available to the Army for research,
                                                 development, test, and evaluation relating to the Future Combat
                                                 System.
                                                      SEC. 8151. Notwithstanding any other provision of law or regu-
                                                 lation, the Secretary of Defense may exercise the provisions of
                                                 38 U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2)
                                                 as well as the following:
                                                           Pharmacists, Audiologists, and Dental Hygienists.
                                                               (A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
                                                           apply.
                                                               (B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall
                                                           not apply.
                                                      SEC. 8152. (a) The Secretary of Defense may waive any require-
                                                 ment that the fiscal year 2001 Department of Defense financial
                                                 statement include the accounts and associated activities of the
                                                 Department of the Army and the Department of the Navy, to
                                                 the extent that the Secretary determines necessary due to the
                                                 effects of the terrorist attack on the Pentagon of September 11,
                                                 2001.
                                                      (b) If any accounts and associated activities of the Department
                                                 of the Army or the Department of the Navy are excluded from
                                                 the fiscal year 2001 Department of Defense financial statement
                                                 pursuant to subsection (a), the Secretary of Defense shall, as soon
                                                 as practicable after March 1, 2002, prepare and submit to the
                                                 Director of the Office of Management and Budget, a revised audited
                                                 financial statement for fiscal year 2001 that includes all such
                                                 accounts and activities.
                                                      (c) For purposes of this section, the term ‘‘fiscal year 2001
                                                 Department of Defense financial statement’’ means the audited
                                                 financial statement of the Department of Defense for fiscal year
                                                 2001 required by section 3515 of title 31, United States Code,
                                                 to be submitted to the Director of the Office of Management and
                                                 Budget not later than March 1, 2002.
                                                      SEC. 8153. Notwithstanding any other provision of this Act,
                                                 the Secretary of the Air Force may enter into a multiyear contract,
                                                 or extend an existing multiyear contract, for the C–17 aircraft:
                                                 Provided, That the authority to enter into such a contract (or
                                                 contract extension) may not be exercised until a period of not
                                                 less than 30 days has elapsed after the date of the submission
                                                 of a report under paragraph (4) of section 2306b(l) of title 10,
                                                 United States Code: Provided further, That the authorities provided
                                                 in this section shall not be available until the Secretary of Defense
                                                 submits to the congressional defense committees a certification
                                                 that the applicable requirements under section 2306b of title 10,
                                                 United States Code, and section 8008 of this Act with respect
                                                 to such a contract (or contract extension) have been met.
                                                      SEC. 8154. Notwithstanding any other provision of law, of the
                                                 funds appropriated in this Act under the heading ‘‘Operation and
                                                 Maintenance, Defense-Wide’’, $1,450,000, to remain available until
                                                 expended, is provided only for payment of any expenses incurred
                                                 after April 1, 2002 of the Commission on the Future of the United
                                                 States Aerospace Industry pursuant to section 1092(e)(1) of the
                                                 Floyd D. Spence National Defense Authorization Act for Fiscal
                                                 Year 2001 (as enacted by Public Law 106–398; 114 Stat. 165A–
                                                 215).




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2283

                               SEC. 8155. Of the funds appropriated in this Act under the
                          heading ‘‘Operation and Maintenance, Defense-Wide’’, $1,000,000,
                          to remain available until expended, shall be made available to
                          the Secretary of Defense, notwithstanding any other provision of
                          law, only for a grant or grants to the Somerset County Board
                          of Commissioners (in the Commonwealth of Pennsylvania), to design
                          and construct a memorial (including operating and maintenance
                          expenses for appropriate security measures to protect the site)
                          at the airplane crash site in Somerset County, Pennsylvania hon-
                          oring the brave men, women, and children who perished following
                          a valiant struggle with terrorists aboard United Airlines Flight
                          93 on September 11, 2001.
                               SEC. 8156. (a) FINDINGS.—The Congress finds that—
                                    (1) in times when our national security is threatened by
                               possible attacks from foreign and domestic enemies, it is nec-
                               essary that the United States have a sufficient supply of certain
                               products that are essential for defending this Nation; and
                                    (2) it has been the consistent intent of Congress that the
                               Department of Defense, when purchasing items to support the
                               Armed Forces, choose items that are wholly of domestic content
                               and manufacture, especially items identified as essential to
                               our national defense.
                               (b) SENSE OF CONGRESS.—It is the sense of Congress that—
                                    (1) it is vital that the United States maintain a domestic
                               manufacturing base for certain products necessary to national
                               security, so that our Nation does not become reliant on foreign
                               sources for such products and thereby vulnerable to disruptions
                               in international trade; and
                                    (2) in cases where such domestic manufacturing base is
                               threatened, the United States should take action to preserve
                               such manufacturing base.
                               SEC. 8157. (a) Not later than February 1, 2002, the Secretary                                    Deadline.
                          of Defense shall report to the congressional defense committees                                       Reports.
                          on the status of the safety and security of munitions shipments
                          that use commercial trucking carriers within the United States.
                               (b) REPORT ELEMENTS.—The report under subsection (a) shall
                          include the following:
                                    (1) An assessment of the Department of Defense’s policies
                               and practices for conducting background investigations of cur-
                               rent and prospective drivers of munitions shipments.
                                    (2) A description of current requirements for periodic safety
                               and security reviews of commercial trucking carriers that carry
                               munitions.
                                    (3) A review of the Department of Defense’s efforts to
                               establish uniform safety and security standards for cargo termi-
                               nals not operated by the Department that store munitions
                               shipments.
                                    (4) An assessment of current capabilities to provide for
                               escort security vehicles for shipments that contain dangerous
                               munitions or sensitive technology, or pass through high-risk
                               areas.
                                    (5) A description of current requirements for depots and
                               other defense facilities to remain open outside normal operating
                               hours to receive munitions shipments.
                                    (6) Legislative proposals, if any, to correct deficiencies
                               identified by the Department of Defense in the report under
                               subsection (a).




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                          115 STAT. 2284                            PUBLIC LAW 107–117—JAN. 10, 2002

                          Deadline.                   (c) Not later than 6 months after enactment of this Act, the
                          Reports.               Secretary shall report to Congress on safety and security procedures
                                                 used for U.S. munitions shipments in European NATO countries,
                                                 and provide recommendations on what procedures or technologies
                                                 used in those countries should be adopted for shipments in the
                                                 United States.
                                                      SEC. 8158. In addition to the amounts appropriated or otherwise
                                                 made available elsewhere in this Act for the Department of Defense,
                                                 $15,000,000, to remain available until September 30, 2002 is hereby
                                                 appropriated to the Department of Defense: Provided, That the
                                                 Secretary of Defense shall make a grant in the amount of
                                                 $15,000,000 to the Citadel for the Padgett Thomas Barracks in
                                                 Charleston, South Carolina.
                          10 USC 2401a                SEC. 8159. MULTI-YEAR AIRCRAFT LEASE PILOT PROGRAM. (a)
                          note.                  The Secretary of the Air Force may, from funds provided in this
                                                 Act or any future appropriations Act, establish and make payments
                                                 on a multi-year pilot program for leasing general purpose Boeing
                                                 767 aircraft and Boeing 737 aircraft in commercial configuration.
                                                      (b) Sections 2401 and 2401a of title 10, United States Code,
                                                 shall not apply to any aircraft lease authorized by this section.
                                                      (c) Under the aircraft lease Pilot Program authorized by this
                                                 section:
                                                           (1) The Secretary may include terms and conditions in
                                                      lease agreements that are customary in aircraft leases by a
                                                      non-Government lessor to a non-Government lessee, but only
                                                      those that are not inconsistent with any of the terms and
                                                      conditions mandated herein.
                                                           (2) The term of any individual lease agreement into which
                                                      the Secretary enters under this section shall not exceed 10
                                                      years, inclusive of any options to renew or extend the initial
                                                      lease term.
                                                           (3) The Secretary may provide for special payments in
                                                      a lessor if the Secretary terminates or cancels the lease prior
                                                      to the expiration of its term. Such special payments shall
                                                      not exceed an amount equal to the value of 1 year’s lease
                                                      payment under the lease.
                                                           (4) Subchapter IV of chapter 15 of title 31, United States
                                                      Code shall apply to the lease transactions under this section,
                                                      except that the limitation in section 1553(b)(2) shall not apply.
                                                           (5) The Secretary shall lease aircraft under terms and
                                                      conditions consistent with this section and consistent with the
                                                      criteria for an operating lease as defined in OMB Circular
                                                      A–11, as in effect at the time of the lease.
                                                           (6) Lease arrangements authorized by this section may
                                                      not commence until:
                                                                (A) The Secretary submits a report to the congressional
                                                           defense committees outlining the plans for implementing
                                                           the Pilot Program. The report shall describe the terms
                                                           and conditions of proposed contracts and describe the
                                                           expected savings, if any, comparing total costs, including
                                                           operation, support, acquisition, and financing, of the lease,
                                                           including modification, with the outright purchase of the
                                                           aircraft as modified.
                          Deadline.                             (B) A period of not less than 30 calendar days has
                                                           elapsed after submitting the report.
                          Deadline.                        (7) Not later than 1 year after the date on which the
                          Reports.                    first aircraft is delivered under this Pilot Program, and yearly




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2285

                               thereafter on the anniversary of the first delivery, the Secretary
                               shall submit a report to the congressional defense committees
                               describing the status of the Pilot Program. The Report will
                               be based on at least 6 months of experience in operating the
                               Pilot Program.
                                    (8) The Air Force shall accept delivery of the aircraft in
                               a general purpose configuration.
                                    (9) At the conclusion of the lease term, each aircraft
                               obtained under that lease may be returned to the contractor
                               in the same configuration in which the aircraft was delivered.
                                    (10) The present value of the total payments over the
                               duration of each lease entered into under this authority shall
                               not exceed 90 percent of the fair market value of the aircraft
                               obtained under that lease.
                               (d) No lease entered into under this authority shall provide
                          for—
                                    (1) the modification of the general purpose aircraft from
                               the commercial configuration, unless and until separate
                               authority for such conversion is enacted and only to the extent
                               budget authority is provided in advance in appropriations Acts
                               for that purpose; or
                                    (2) the purchase of the aircraft by, or the transfer of owner-
                               ship to, the Air Force.
                               (e) The authority granted to the Secretary of the Air Force
                          by this section is separate from and in addition to, and shall
                          not be construed to impair or otherwise affect, the authority of
                          the Secretary to procure transportation or enter into leases under
                          a provision of law other than this section.
                               (f) The authority provided under this section may be used
                          to lease not more than a total of 100 Boeing 767 aircraft and
                          4 Boeing 737 aircraft for the purposes specified herein.
                               SEC. 8160. From within amounts made available in the title
                          II of this Act, under the heading ‘‘Operation and Maintenance,
                          Army National Guard’’, and notwithstanding any other provision
                          of law, $2,200,000 shall be available only for repairs and safety
                          improvements to the segment of Camp McCain Road which extends
                          from Highway 8 south toward the boundary of Camp McCain,
                          Mississippi and originating intersection of Camp McCain Road;
                          and for repairs and safety improvements to the segment of Greens-
                          boro Road which connects the Administration Offices of Camp
                          McCain to the Troutt Rifle Range: Provided, That these funds
                          shall remain available until expended: Provided further, That the
                          authorized scope of work includes, but is not limited to, environ-
                          mental documentation and mitigation, engineering and design,
                          improving safety, resurfacing, widening lanes, enhancing shoulders,
                          and replacing signs and pavement markings.
                               SEC. 8161. From funds made available under title II of this
                          Act, the Secretary of the Army may make available a grant of
                          $2,100,000 to the Chicago Park District for renovation of the Broad-
                          way Armory, a former National Guard facility in the Edgewater
                          community in Chicago.
                               SEC. 8162. SENSE OF CONGRESS CONCERNING THE MILITARY
                          INDUSTRIAL BASE. (a) IN GENERAL.— It is the sense of the Congress
                          that the military aircraft industrial base of the United States be
                          preserved. In order to ensure this we must retain—
                                    (1) adequate competition in the design, engineering, produc-
                               tion, sale and support of military aircraft;




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                          115 STAT. 2286                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                           (2) continued innovation in the development and manufac-
                                                      ture of military aircraft;
                                                           (3) actual and future capability of more than one aircraft
                                                      company to design, engineer, produce and support military
                                                      aircraft.
                                                      (b) STUDY OF IMPACT ON THE INDUSTRIAL BASE.—In order to
                                                 determine the current and future adequacy of the military aircraft
                                                 industrial base a study shall be conducted. Of the funds made
                                                 available under the heading ‘‘PROCUREMENT, DEFENSE-WIDE’’ in
                                                 this Act, up to $1,500,000 may be made available for a comprehen-
                                                 sive analysis of and report on the risks to innovation and cost
                                                 of limited or no competition in contracting for military aircraft
                                                 and related weapon systems for the Department of Defense,
                                                 including the cost of contracting where there is no more than
                                                 one primary manufacturer with the capacity to bid for and build
                                                 military aircraft and related weapon systems, the impact of any
                                                 limited competition in primary contracting on innovation in the
                                                 design, development, and construction of military aircraft and
                                                 related weapon systems, the impact of limited competition in pri-
                                                 mary contracting on the current and future capacity of manufactur-
                                                 ers to design, engineer and build military aircraft and weapon
                          Reports.               systems. The Secretary of Defense shall report to the House and
                          Deadline.              Senate Committees on Appropriations on the design of this analysis,
                                                 and shall submit a report to these committees no later than 6
                                                 months from the date of enactment of this Act.
                                                      SEC. 8163. In addition to the amounts appropriated or otherwise
                                                 made available in this Act, $5,200,000, to remain available until
                                                 September 30, 2002, is hereby appropriated to the Department
                                                 of Defense: Provided, That the Secretary of Defense shall make
                                                 a grant in the amount of $5,200,000 to the Armed Forces Retirement
                                                 Homes.
                          Deadline.                   SEC. 8164. (a) ASSESSMENT REQUIRED.—Not later than March
                          Reports.               15, 2002, the Secretary of the Army shall submit to the Committees
                                                 on Appropriations of the Senate and House of Representatives
                                                 a report containing an assessment of current risks under, and
                                                 various alternatives to, the current Army plan for the destruction
                                                 of chemical weapons.
                                                      (b) ELEMENTS.—The report under subsection (a) shall include
                                                 the following:
                                                           (1) A description and assessment of the current risks in
                                                      the storage of chemical weapons arising from potential terrorist
                                                      attacks.
                                                           (2) A description and assessment of the current risks in
                                                      the storage of chemical weapons arising from storage of such
                                                      weapons after April 2007, the required date for disposal of
                                                      such weapons as stated in the Chemical Weapons Convention.
                                                           (3) A description and assessment of various options for
                                                      eliminating or reducing the risks described in paragraphs (1)
                                                      and (2).
                                                      (c) CONSIDERATIONS.—In preparing the report, the Secretary
                                                 shall take into account the plan for the disassembly and neutraliza-
                                                 tion of the agents in chemical weapons as described in Army
                                                 engineering studies in 1985 and 1996, the 1991 Department of
                                                 Defense Safety Contingency Plan, and the 1993 findings of the
                                                 National Academy of Sciences on disassembly and neutralization
                                                 of chemical weapons.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2287

                               SEC. 8165. Of the amount appropriated by title II for operation
                          and maintenance, Defense-wide, $47,261,000 may be available for
                          the Defense Leadership and Management Program.
                               SEC. 8166. SENSE OF THE CONGRESS REGARDING ENVIRON-
                          MENTAL CONTAMINATION IN THE PHILIPPINES. It is the sense of
                          the Congress that—
                                   (1) the Secretary of State, in cooperation with the Secretary
                               of Defense, should continue to work with the Government of
                               the Philippines and with appropriate non-governmental
                               organizations in the United States and the Philippines to fully
                               identify and share all relevant information concerning environ-
                               mental contamination and health effects emanating from former
                               United States military facilities in the Philippines following
                               the departure of the United States military forces from the
                               Philippines in 1992;
                                   (2) the United States and the Government of the Phil-
                               ippines should continue to build upon the agreements outlined
                               in the Joint Statement by the United States and the Republic
                               of the Philippines on a Framework for Bilateral Cooperation
                               in the Environment and Public Health, signed on July 27,
                               2000; and
                                   (3) Congress should encourage an objective non-govern-
                               mental study, which would examine environmental contamina-
                               tion and health effects emanating from former United States
                               military facilities in the Philippines, following the departure
                               of United States military forces from the Philippines in 1992.
                               SEC. 8167. (a) AUTHORITY FOR BURIAL OF CERTAIN INDIVIDUALS
                          AT ARLINGTON NATIONAL CEMETERY.—The Secretary of the Army
                          shall authorize the burial in a separate gravesite at Arlington
                          National Cemetery, Virginia, of any individual who—
                                   (1) died as a direct result of the terrorist attacks on the
                               United States on September 11, 2001; and
                                   (2) would have been eligible for burial in Arlington National
                               Cemetery by reason of service in a reserve component of the
                               Armed Forces but for the fact that such individual was less
                               than 60 years of age at the time of death.
                               (b) ELIGIBILITY OF SURVIVING SPOUSE.—The surviving spouse
                          of an individual buried in a gravesite in Arlington National Ceme-
                          tery under the authority provided under subsection (a) shall be
                          eligible for burial in the gravesite of the individual to the same
                          extent as the surviving spouse of any other individual buried in
                          Arlington National Cemetery is eligible for burial in the gravesite
                          of such other individual.
                               SEC. 8168. In fiscal year 2002, the Department of the Interior
                          National Business Center may continue to enter into grants,
                          cooperative agreements, and other transactions, under the Defense
                          Conversion, Reinvestment, and Transition Assistance Act of 1992,
                          and other related legislation.
                               SEC. 8169. Of the total amount appropriated by this division
                          for ‘‘Operation and Maintenance, Defense-Wide’’, $3,500,000 may
                          be available for payments under section 363 of the Floyd D. Spence
                          National Defense Authorization Act for Fiscal Year 2001 (as enacted
                          into law by Public Law 106–398; 114 Stat. 1654A–77).
                               SEC. 8170. Of the total amount appropriated by this division
                          for ‘‘Operation and Maintenance, Air National Guard’’, $435,000
                          may be available (subject to section 2805(c) of title 10, United
                          States Code) for the replacement of deteriorating gas lines, mains,




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                          115 STAT. 2288                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 valves, and fittings at the Air National Guard facility at Rosecrans
                                                 Memorial Airport, St. Joseph, Missouri, and (subject to section
                                                 2811 of title 10, United States Code) for the repair of the roof
                                                 of the Aerial Port Facility at that airport.
                          Deadline.                   SEC. 8171. Not later than 180 days after the date of enactment
                          Reports.               of this Act, the Secretary of Defense, in cooperation with the Secre-
                                                 taries of State and Energy, shall submit a report to Congress
                                                 describing the steps that have been taken to develop cooperative
                                                 threat reduction programs with India and Pakistan. Such report
                                                 shall include recommendations for changes in any provision of
                                                 existing law that is currently an impediment to the full establish-
                                                 ment of such programs, a timetable for implementation of such
                                                 programs, and an estimated 5-year budget that will be required
                                                 to fully fund such programs.
                                                      SEC. 8172. (a) MODIFICATION OF GENERAL REQUIREMENTS.—
                                                 Section 1078(b) of the Floyd D. Spence National Defense Authoriza-
                                                 tion Act for Fiscal Year 2001 (as enacted by Public Law 106–
                                                 398; 114 Stat. 1654A–283) is amended—
                                                           (1) in paragraph (1), by inserting ‘‘, or its contractors or
                                                      subcontractors,’’ after ‘‘Department of Defense’’; and
                                                           (2) in paragraph (3), by striking ‘‘stored, assembled, dis-
                                                      assembled, or maintained’’ and inserting ‘‘manufactured, assem-
                                                      bled, or disassembled’’.
                                                      (b) DETERMINATION OF EXPOSURES AT IAAP.—The Secretary
                                                 of Defense shall take appropriate actions to determine the nature
                                                 and extent of the exposure of current and former employees at
                                                 the Army facility at the Iowa Army Ammunition Plant, including
                                                 contractor and subcontractor employees at the facility, to radioactive
                                                 or other hazardous substances at the facility, including possible
                                                 pathways for the exposure of such employees to such substances.
                                                      (c) NOTIFICATION OF EMPLOYEES REGARDING EXPOSURE.—(1)
                                                 The Secretary shall take appropriate actions to—
                                                           (A) identify current and former employees at the facility
                                                      referred to in subsection (b), including contractor and subcon-
                                                      tractor employees at the facility; and
                                                           (B) notify such employees of known or possible exposures
                                                      to radioactive or other hazardous substances at the facility.
                                                      (2) Notice under paragraph (1)(B) shall include—
                                                           (A) information on the discussion of exposures covered by
                                                      such notice with health care providers and other appropriate
                                                      persons who do not hold a security clearance; and
                                                           (B) if necessary, appropriate guidance on contacting health
                                                      care providers and officials involved with cleanup of the facility
                                                      who hold an appropriate security clearance.
                                                      (3) Notice under paragraph (1)(B) shall be by mail or other
                                                 appropriate means, as determined by the Secretary.
                                                      (d) DEADLINE FOR ACTIONS.—The Secretary shall complete the
                                                 actions required by subsections (b) and (c) not later than 90 days
                                                 after the date of the enactment of this Act.
                          Deadline.                   (e) REPORT.—Not later than 90 days after the date of the
                                                 enactment of this Act, the Secretary shall submit to the congres-
                                                 sional defense committees a report setting forth the results of
                                                 the actions undertaken by the Secretary under this section,
                                                 including any determinations under subsection (b), the number
                                                 of workers identified under subsection (c)(1)(A), the content of the
                                                 notice to such workers under subsection (c)(1)(B), and the status




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2289

                          of progress on the provision of the notice to such workers under
                          subsection (c)(1)(B).
                               SEC. 8173. None of the funds made available in division A
                          of this Act may be used to provide support or other assistance
                          to the International Criminal Court or to any criminal investigation
                          or other prosecutorial activity of the International Criminal Court.
                                                                       TITLE IX
                            COUNTER-TERRORISM AND DEFENSE AGAINST WEAPONS
                                         OF MASS DESTRUCTION
                          COUNTER-TERRORISM AND OPERATIONAL RESPONSE TRANSFER FUND
                                                        (INCLUDING TRANSFER OF FUNDS)
                               For protection against terrorist attacks that might employ
                          either conventional means or weapons of mass destruction, and
                          to prepare against the consequences of such attacks; to deny
                          unauthorized users the opportunity to modify, steal, inappropriately
                          disclose, or destroy sensitive military data or networks; and to
                          accelerate improvements in information networks and operations,
                          $478,000,000: Provided, That of the amounts made available under
                          this heading, $333,000,000 is available only for improving force
                          protection and chemical and biological defense capabilities of the
                          Department of Defense, and improving capabilities to respond to
                          attacks using weapons of mass destruction: Provided further, That
                          $70,000,000 is available only for improving the effectiveness of
                          Department of Defense capabilities in the areas of information
                          assurance and critical infrastructure protection, and information
                          operations; and $75,000,000 is available only to develop and dem-
                          onstrate systems to protect against unconventional nuclear threats:
                          Provided further, That in order to carry out the specified purposes
                          under this heading, funds made available under this heading may
                          be transferred to any appropriation account otherwise enacted by
                          this Act: Provided further, That the funds transferred shall be
                          merged with and shall be available for the same purposes and
                          for the same time period as the appropriation to which transferred:
                          Provided further, That the transfer authority provided under this
                          heading is in addition to any other transfer authority available
                          to the Department of Defense: Provided further, That within 90                                         Deadline.
                          days of enactment of this Act, the Secretary of Defense shall provide                                  Reports.
                          to the Congress a report specifying the projects and accounts to
                          which funds provided under this heading are to be transferred.
                                             FORMER SOVIET UNION THREAT REDUCTION
                               For assistance to the republics of the former Soviet Union,
                          including assistance provided by contract or by grants, for facili-
                          tating the elimination and the safe and secure transportation and
                          storage of nuclear, chemical and other weapons; for establishing
                          programs to prevent the proliferation of weapons, weapons compo-
                          nents, and weapon-related technology and expertise; for programs
                          relating to the training and support of defense and military per-
                          sonnel for demilitarization and protection of weapons, weapons
                          components and weapons technology and expertise, and for defense
                          and military contacts, $403,000,000, to remain available until Sep-
                          tember 30, 2004: Provided, That of the amounts provided under




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                          115 STAT. 2290                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 this heading, $12,750,000 shall be available only to support the
                                                 dismantling and disposal of nuclear submarines and submarine
                                                 reactor components in the Russian Far East.
                                                     This division may be cited as the ‘‘Department of Defense
                                                 Appropriations Act, 2002’’.

                          Emergency                      DIVISION B—TRANSFERS FROM THE EMERGENCY
                          Supplemental                  RESPONSE FUND PURSUANT TO PUBLIC LAW 107–38
                          Act, 2002.
                                                     The funds appropriated in Public Law 107–38 subject to subse-
                                                 quent enactment and previously designated as an emergency by
                                                 the President and Congress under the Balanced Budget and Emer-
                                                 gency Deficit Control Act of 1985, are transferred to the following
                                                 chapters and accounts as follows:

                                                                                          CHAPTER 1

                                                                        DEPARTMENT OF AGRICULTURE

                                                                                OFFICE OF THE SECRETARY
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Office of the Secretary’’,
                                                 $80,919,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.

                                                                          AGRICULTURAL RESEARCH SERVICE
                                                                                  SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $40,000,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.
                                                                                BUILDINGS AND FACILITIES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Buildings and Facilities’’,
                                                 $73,000,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.

                                                               ANIMAL AND PLANT HEALTH INSPECTION SERVICE
                                                                                  SALARIES AND EXPENSES

                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $105,000,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38, of which
                                                 $50,000,000 may be transferred to and merged with the Agricultural
                                                 Quarantine Inspection User Fee Account.
                                                                                BUILDINGS AND FACILITIES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Buildings and Facilities’’,




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2291

                          $14,081,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                FOOD SAFETY AND INSPECTION SERVICE
                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Food Safety and Inspec-
                          tion Service’’, $15,000,000, to remain available until expended, to
                          be obligated from amounts made available in Public Law 107–
                          38.

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

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

                                  DEPARTMENT OF HEALTH AND HUMAN SERVICES

                                                    FOOD AND DRUG ADMINISTRATION
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $151,100,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                         INDEPENDENT AGENCY

                                            COMMODITY FUTURES TRADING COMMISSION
                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Commodity Futures
                          Trading Commission’’, $16,900,000, to remain available until
                          expended, to be obligated from amounts made available in Public
                          Law 107–38.

                                            GENERAL PROVISIONS, THIS CHAPTER
                               SEC. 101. Title VI of the Agriculture, Rural Development, Food
                          and Drug Administration, and Related Agencies Appropriations
                          Act, 2002 (Public Law 107–76) is amended under the heading                                            Ante, p. 730.
                          ‘‘Food and Drug Administration, Salaries and Expenses’’ by striking
                          ‘‘$13,207,000’’ and inserting ‘‘$13,357,000’’.




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                          115 STAT. 2292                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      SEC. 102. Section 741(b) of the Agriculture, Rural Development,
                                                 Food and Drug Administration, and Related Agencies Appropria-
                          Ante, p. 737.          tions Act, 2002 (Public Law 107–76), is amended by striking
                                                 ‘‘20,000,000 pounds’’ and inserting ‘‘5,000,000 pounds’’.

                                                                                          CHAPTER 2

                                                                               DEPARTMENT OF JUSTICE

                                                                                GENERAL ADMINISTRATION
                                                                               USA PATRIOT ACT ACTIVITIES

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Patriot Act Activities’’,
                                                 $5,000,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38, of which
                                                 up to $2,000,000 may be available for a feasibility report, as author-
                                                 ized by section 405 of Public Law 107–56: Provided, That funding
                                                 for the implementation of such enhancements shall be treated as
                                                 a reprogramming under section 605 of Public Law 107–77 and
                                                 shall not be available for obligation or expenditure except in compli-
                                                 ance with the procedures set forth in that section.
                                                                        ADMINISTRATIVE REVIEW AND APPEALS

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Administrative Review
                                                 and Appeals’’, $3,500,000, to remain available until expended, to
                                                 be obligated from amounts made available in Public Law 107–
                                                 38.

                                                                                      LEGAL ACTIVITIES
                                                             SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses,
                                                 General Legal Activities’’, $12,500,000, to remain available until
                                                 expended, to be obligated from amounts made available in Public
                                                 Law 107–38.
                                                             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses,
                                                 United States Attorneys’’, $56,370,000, to remain available until
                                                 expended, to be obligated from amounts made available in Public
                                                 Law 107–38.
                                                        SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses,
                                                 United States Marshals Service’’, $10,200,000, to remain available
                                                 until expended, to be obligated from amounts made available in
                                                 Public Law 107–38, of which $5,000,000 shall be for courthouse
                                                 security equipment.




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                                              PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2293

                                                                    CONSTRUCTION

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Construction’’,
                          $9,125,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                   FEDERAL BUREAU OF INVESTIGATION

                                                            SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $745,000,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                             IMMIGRATION AND NATURALIZATION SERVICE

                                                            SALARIES AND EXPENSES

                                                    ENFORCEMENT AND BORDER AFFAIRS

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $449,800,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                                    CONSTRUCTION

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Construction’’,
                          $99,600,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                         OFFICE OF JUSTICE PROGRAMS

                                                               JUSTICE ASSISTANCE

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Justice Assistance’’,
                          $400,000,000, to remain available until expended, for grants,
                          cooperative agreements, and other assistance authorized by sections
                          819 and 821 of the Antiterrorism and Effective Death Penalty
                          Act of 1996 and section 1014 of the USA PATRIOT ACT (Public
                          Law 107–56) and for other counter terrorism programs, to be obli-
                          gated from amounts made available in Public Law 107–38, of which
                          $9,800,000 is for an aircraft for counterterrorism and other required
                          activities for the City of New York.

                                           STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, $251,100,000 shall be for
                          discretionary grants, including equipment, under the Edward Byrne
                          Memorial State and Local Law Enforcement Assistance Program,
                          to remain available until expended, to be obligated from amounts
                          made available in Public Law 107–38.




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                          115 STAT. 2294                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                                    CRIME VICTIMS FUND

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Crime Victims Fund’’,
                                                 $68,100,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.
                                                                          DEPARTMENT OF COMMERCE
                                                                      INTERNATIONAL TRADE ADMINISTRATION
                                                                          OPERATIONS AND ADMINISTRATION

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Operations and Adminis-
                                                 tration’’, $1,000,000, to remain available until expended, to be obli-
                                                 gated from amounts made available in Public Law 107–38.
                                                                                 EXPORT ADMINISTRATION
                                                                          OPERATIONS AND ADMINISTRATION

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Operations and Adminis-
                                                 tration’’, $1,756,000, to remain available until expended, to be obli-
                                                 gated from amounts made available in Public Law 107–38.
                                                             NATIONAL TELECOMMUNICATIONS AND INFORMATION
                                                                            ADMINISTRATION
                                                          PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
                                                                           CONSTRUCTION

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Public Telecommuni-
                                                 cations Facilities, Planning and Construction’’, $8,250,000, to
                                                 remain available until expended, to be obligated from amounts
                                                 made available in Public Law 107–38: Provided, That matching
                                                 requirements set forth in section 392(b) of the Communications
                                                 Act of 1934, as amended, shall not apply to funds provided in
                                                 this Act.
                                                               UNITED STATES PATENT AND TRADEMARK OFFICE
                                                                                  SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $1,500,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.
                                                            NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
                                                             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Scientific and Technical
                                                 Research and Services’’, $5,000,000 for a cyber security initiative,
                                                 to remain available until expended, to be obligated from amounts
                                                 made available in Public Law 107–38.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2295

                                                CONSTRUCTION OF RESEARCH FACILITIES

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

                                   NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
                                                OPERATIONS, RESEARCH, AND FACILITIES

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

                                                        DEPARTMENTAL MANAGEMENT
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $4,776,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                               THE JUDICIARY

                                               SUPREME COURT OF THE UNITED STATES
                                                  CARE OF THE BUILDING AND GROUNDS

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Care of the Building
                          and Grounds’’, $30,000,000, to remain available until expended
                          for security enhancements, to be obligated from amounts made
                          available in Public Law 107–38.

                               COURTS OF APPEALS, DISTRICT COURTS, AND OTHER JUDICIAL
                                                      SERVICES
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $5,000,000, is for Emergency Communications Equipment, to
                          remain available until expended, to be obligated from amounts
                          made available in Public Law 107–38.
                                                                   COURT SECURITY

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Court Security’’,
                          $57,521,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38, for security
                          of the Federal judiciary, of which not less than $4,000,000 shall
                          be available to reimburse the United States Marshals Service for
                          a Supervisory Deputy Marshal responsible for coordinating security
                          in each judicial district and circuit: Provided, That the funds may




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                          115 STAT. 2296                             PUBLIC LAW 107–117—JAN. 10, 2002

                                                 be expended directly or transferred to the United States Marshals
                                                 Service.

                                                          ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS

                                                                                   SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $2,879,000, to remain available until expended, to enhance security
                                                 at the Thurgood Marshall Federal Judiciary Building, to be obli-
                                                 gated from amounts made available in Public Law 107–38.

                                                           DEPARTMENT OF STATE AND RELATED AGENCY

                                                                                     RELATED AGENCY

                                                                        BROADCASTING BOARD OF GOVERNORS

                                                                     INTERNATIONAL BROADCASTING OPERATIONS

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘International Broad-
                                                 casting Operations’’, $9,200,000, to remain available until expended,
                                                 to be obligated from amounts made available in Public Law 107–
                                                 38.

                                                                        BROADCASTING CAPITAL IMPROVEMENTS

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Broadcasting Capital
                                                 Improvements’’, $10,000,000, to remain available until expended,
                                                 to be obligated from amounts made available in Public Law 107–
                                                 38.

                                                                                   RELATED AGENCIES

                                                                   EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

                                                                                   SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses,’’
                                                 $1,301,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.

                                                                       SECURITIES AND EXCHANGE COMMISSION

                                                                                   SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $20,705,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2297

                                                    SMALL BUSINESS ADMINISTRATION
                                                   BUSINESS LOANS PROGRAM ACCOUNT

                               For emergency expenses for the cost of loan subsidies and
                          for loan modifications as authorized by section 203 of this Act,
                          for disaster recovery activities and assistance related to the terrorist
                          acts in New York, Virginia, and Pennsylvania on September 11,
                          2001, for ‘‘Business Loans Program Account’’, $75,000,000, to
                          remain available until expended, to be obligated from amounts
                          made available in Public Law 107–38.
                                                   DISASTER LOANS PROGRAM ACCOUNT

                               For emergency expenses for the cost of loan subsidies and
                          for loan modifications as authorized by section 202 of this Act,
                          for disaster recovery activities and assistance related to the terrorist
                          acts in New York, Virginia, and Pennsylvania on September 11,
                          2001, for ‘‘Disaster Loans Program Account’’, $75,000,000, to remain
                          available until expended, to be obligated from amounts made avail-
                          able in Public Law 107–38.

                                            GENERAL PROVISIONS—THIS CHAPTER
                               SEC. 201. Funds appropriated by this Act for the Broadcasting
                          Board of Governors and the Department of State may be obligated
                          and expended notwithstanding section 313 of the Foreign Relations
                          Authorization Act, Fiscal Years 1994 and 1995, and section 15
                          of the State Department Basic Authorities Act of 1956, as amended.
                               SEC. 202. For purposes of assistance available under section
                          7(b)(2) and (4) of the Small Business Act (15 U.S.C. 636(b)(2)
                          and (4)) to small business concerns located in disaster areas declared
                          as a result of the September 11, 2001, terrorist attacks—
                                    (i) the term ‘‘small business concern’’ shall include not-
                               for-profit institutions and small business concerns described
                               in United States Industry Codes 522320, 522390, 523210,
                               523920, 523991, 524113, 524114, 524126, 524128, 524210,
                               524291, 524292, and 524298 of the North American Industry
                               Classification System (as described in 13 C.F.R. 121.201, as
                               in effect on January 2, 2001);
                                    (ii) the Administrator may apply such size standards as
                               may be promulgated under such section 121.201 after the date
                               of enactment of this provision, but no later than 1 year following
                               the date of enactment of this Act; and
                                    (iii) payments of interest and principal shall be deferred,
                               and no interest shall accrue during the 2-year period following
                               the issuance of such disaster loan.
                               SEC. 203. Notwithstanding any other provision of law, the
                          limitation on the total amount of loans under section 7(b) of the
                          Small Business Act (15 U.S.C. 636(b)) outstanding and committed
                          to a borrower in the disaster areas declared in response to the
                          September 11, 2001, terrorist attacks shall be increased to
                          $10,000,000 and the Administrator shall, in lieu of the fee collected
                          under section 7(a)(23)(A) of the Small Business Act (15 U.S.C.
                          636(a)(23)(A)), collect an annual fee of 0.25 percent of the out-
                          standing balance of deferred participation loans made under section
                          7(a) to small businesses adversely affected by the September 11,
                          2001, terrorist attacks and their aftermath, for a period of 1 year




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                          115 STAT. 2298                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 following the date of enactment and to the extent the costs of
                                                 such reduced fees are offset by appropriations provided by this
                                                 Act.
                          Deadline.                    SEC. 204. Not later than April 1, 2002, the Secretary of State
                          Reports.               shall submit to the Committees on Appropriations, in both classified
                                                 and unclassified form, a report on the United States-People’s
                                                 Republic of China Science and Technology Agreement of 1979,
                                                 including all protocols. The report is intended to provide a com-
                                                 prehensive evaluation of the benefits of the agreement to the Chi-
                                                 nese economy, military, and defense industrial base. The report
                                                 shall include the following elements:
                                                            (1) an accounting of all activities conducted under the
                                                       Agreement for the past 5 years, and a projection of activities
                                                       to be undertaken through 2010;
                                                            (2) an estimate of the annual cost to the United States
                                                       to administer the Agreement;
                                                            (3) an assessment of how the Agreement has influenced
                                                       the policies of the People’s Republic of China toward scientific
                                                       and technological cooperation with the United States;
                                                            (4) an analysis of the involvement of Chinese nuclear
                                                       weapons and military missile specialists in the activities of
                                                       the Joint Commission;
                                                            (5) a determination of the extent to which the activities
                                                       conducted under the Agreement have enhanced the military
                                                       and industrial base of the People’s Republic of China, and
                                                       an assessment of the impact of projected activities through
                                                       2010, including transfers of technology, on China’s economic
                                                       and military capabilities; and
                                                            (6) recommendations on improving the monitoring of the
                                                       activities of the Commission by the Secretaries of Defense and
                                                       State.
                                                 The report shall be developed in consultation with the Secretaries
                                                 of Commerce, Defense, and Energy, the Directors of the National
                                                 Science Foundation and the Federal Bureau of Investigation, and
                                                 the intelligence community.
                                                       SEC. 205. From within funds available to the State of Alaska
                                                 or the Alaska Region of the National Marine Fisheries Service,
                                                 an additional $500,000 may be made available for the cost of
                                                 guaranteeing the reduction loan authorized under section
                                                 144(d)(4)(A) of title I, division B of Public Law 106–554 (114 Stat.
                                                 2763A–242) and that subparagraph is amended to read as follows:
                                                 ‘‘(4)(A) The fishing capacity reduction program required under this
                                                 subsection is authorized to be financed through a reduction loan
                                                 of $100,000,000 under sections 1111 and 1112 of title XI of the
                                                 Merchant Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).’’.
                                                       SEC. 206. Title IV of the Departments of Commerce, Justice,
                                                 and State, the Judiciary and Related Agencies Appropriations Act,
                          Ante, p. 784.          2002 (Public Law 107–77) is amended in the third proviso of the
                                                 first undesignated paragraph under the heading ‘‘Diplomatic and
                                                 Consular Programs’’ by striking ‘‘this heading’’ and inserting ‘‘the
                                                 appropriations accounts within the Administration of Foreign
                                                 Affairs’’.
                                                       SEC. 207. Title V of the Departments of Commerce, Justice,
                                                 and State, the Judiciary and Related Agencies Appropriations Act,
                          33 USC 857–19          2002 (Public Law 107–77) is amended in the proviso under the
                          note.                  heading ‘‘Commission on Ocean Policy’’ by striking ‘‘appointment’’
                                                 and inserting ‘‘the first meeting of the Commission’’.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2299

                               SEC. 208. Section 626(c) of the Departments of Commerce,
                          Justice, and State, the Judiciary and Related Agencies Appropria-
                          tions Act, 2002 (Public Law 107–77) is amended by striking                                             28 USC 1605.
                          ‘‘1:00CV03110(ESG)’’ and inserting ‘‘1:00CV03110(EGS)’’.
                                                                     CHAPTER 3
                                            DEPARTMENT OF DEFENSE—MILITARY
                                                  OPERATION AND MAINTENANCE
                                                DEFENSE EMERGENCY RESPONSE FUND
                                                        (INCLUDING TRANSFER OF FUNDS)
                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Defense Emergency
                          Response Fund’’, $3,395,600,000, to remain available until
                          expended, to be obligated from amounts made available in Public
                          Law 107–38, as follows:
                                   (1) For increased situational awareness, $850,000,000;
                                   (2) For increased worldwide posture, $1,495,000,000;
                                   (3) For offensive counterterrorism, $372,000,000;
                                   (4) For initial crisis response, $39,100,000;
                                   (5) For the Pentagon Reservation Maintenance Revolving
                               Fund, $475,000,000;
                                   (6) For relocation costs and other purposes, $164,500,000:
                               Provided, That $500,000 shall be made available only for the
                               White House Commission on the National Moment of Remem-
                               brance:
                          Provided further, That from unobligated balances under the heading
                          ‘‘Former Soviet Union Threat Reduction’’, $30,000,000 shall be
                          transferred to ‘‘Department of State, Nonproliferation, Anti-ter-
                          rorism, Demining, and Related Programs’’ only for the purpose
                          of supporting expansion of the Biological Weapons Redirect and
                          International Science and Technology Centers programs, to prevent
                          former Soviet biological weapons experts from emigrating to
                          proliferant states and to reconfigure former Soviet biological
                          weapons production facilities for peaceful uses.
                                            GENERAL PROVISIONS—THIS CHAPTER
                                                        (INCLUDING TRANSFER OF FUNDS)
                               SEC. 301. Amounts available in the ‘‘Defense Emergency
                          Response Fund’’ (the ‘‘Fund’’) shall be available for the purposes
                          set forth in the 2001 Emergency Supplemental Appropriations Act
                          for Recovery from and Response to Terrorist Attacks on the United
                          States (Public Law 107–38): Provided, That the Fund may be used
                          to reimburse other appropriations or funds of the Department of
                          Defense, including activities of the National Foreign Intelligence
                          Program funded in defense appropriations acts, only for costs
                          incurred for such purposes on or after September 11, 2001: Provided
                          further, That the Fund may be used to liquidate obligations incurred
                          by the Department of Defense under the authorities in section
                          3732 of the Revised Statutes (41 U.S.C. 11; popularly known as
                          the ‘‘Food and Forage Act’’) for any costs incurred for such purposes
                          between September 11 and September 30, 2001: Provided further,




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                          115 STAT. 2300                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 That the Secretary of Defense may transfer to the Fund amounts
                                                 from any current appropriation made available in defense appro-
                                                 priations acts, only for the purpose of adjusting and liquidating
                                                 obligations properly chargeable to the Fund: Provided further, That
                                                 the authority granted in the preceding proviso shall only be exer-
                                                 cised after the Secretary of Defense makes a determination that
                                                 amounts in the Fund are insufficient to liquidate obligations made
                                                 using appropriations in the Fund, and not prior to 30 days after
                                                 notifying the congressional defense committees in writing regarding
                                                 each proposed transfer of funds: Provided further, That in order
                                                 to carry out the specified purposes under this heading, the Secretary
                                                 of Defense may transfer funds from the Fund to any defense appro-
                                                 priation account enacted in appropriations acts, including ‘‘Support
                                                 for International Sporting Competitions, Defense’’: Provided further,
                                                 That the funds transferred shall be merged with and shall be
                                                 available for the same purposes and for the same time period
                                                 as the appropriation to which transferred: Provided further, That
                                                 the transfer authority provided under this heading is in addition
                                                 to any other transfer authority available to the Department of
                          Deadlines.             Defense: Provided further, That within 30 days of enactment of
                          Reports.               this Act, and quarterly thereafter, the Secretary of Defense and
                                                 the Director of Central Intelligence shall each provide to the Con-
                                                 gress a report (in unclassified and classified form, as needed) speci-
                                                 fying the projects and accounts to which funds provided in this
                                                 chapter are to be transferred.
                                                      SEC. 302. Amounts in the appropriation account ‘‘Support for
                                                 International Sporting Competitions, Defense’’, may be used to sup-
                                                 port essential security and safety for the 2002 Winter Olympic
                                                 Games in Salt Lake City, Utah, without the certification required
                                                 under subsection 10 U.S.C. 2564(a): Provided, That the term ‘‘active
                                                 duty’’, in section 5802 of Public Law 104–208 shall include State
                                                 active duty and full-time National Guard duty performed by mem-
                                                 bers of the Army National Guard and Air National Guard in connec-
                                                 tion with providing essential security and safety support to the
                                                 2002 Winter Olympic Games and logistical and security support
                                                 to the 2002 Paralympic Games.
                                                      SEC. 303. Funds appropriated by this Act, or made available
                                                 by the transfer of funds in this Act, for intelligence activities are
                                                 deemed to be specifically authorized by the Congress for purposes
                                                 of section 504 of the National Security Act of 1947 (50 U.S.C.
                                                 414).
                                                      SEC. 304. Notwithstanding any other provision of law, of the
                                                 amounts appropriated in Public Law 107–38 which remained avail-
                                                 able in the Defense Emergency Response Fund on December 18,
                                                 2001, not to exceed $100,000,000 may be available for payments
                                                 to Pakistan and Jordan for logistical and military support provided,
                                                 or to be provided, to United States military operations in connection
                                                 with Operation Enduring Freedom: Provided, That such payments
                                                 may be made in amounts as the Secretary may determine in his
                                                 discretion, and such determination is final and conclusive upon
                                                 the accounting officers of the United States.

                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                     SEC. 305. (a) During the current fiscal year, $475,000,000 of
                                                 appropriations provided in this Act shall be transferred to the
                                                 Pentagon Reservation Maintenance Revolving Fund only to




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2301

                          reconstruct the Pentagon Reservation and for related activities as
                          a result of the events of September 11, 2001.
                               (b) In addition to the amounts provided in subsection (a) or
                          otherwise appropriated in this Act, out of funds appropriated by
                          Public Law 107–38 but not subject to subsequent enactment, not
                          subject to the restrictions of the fifth proviso of that Act, and
                          not transferred before December 18, 2001, the amount of
                          $300,000,000 is transferred to the Pentagon Reservation Mainte-
                          nance Revolving Fund only to finance accelerated building renova-
                          tion activities for military command centers and related activities
                          at the Pentagon Reservation in order to accelerate completion of
                          the currently planned Pentagon renovation project by up to 4 years:
                          Provided, That notwithstanding any other provision of law, funds
                          allocated and transferred under this section shall be made available
                          until expended: Provided further, That the cost to accelerate renova-
                          tion activities for military command centers and related activities
                          at the Pentagon Reservation shall not be included in any cost
                          cap applicable to the Pentagon renovation: Provided further, That
                          the transfer authority provided under this section is in addition
                          to any other transfer authority available to the Department of
                          Defense.

                                                             (TRANSFER OF FUNDS)
                               SEC. 306. Notwithstanding any other provision of law or this
                          Act, of the funds unobligated in all fiscal year 2002 appropriations
                          accounts in titles III and IV of division A of this Act, up to 11⁄2
                          percent of these funds shall be available for transfer to the Oper-
                          ation and Maintenance accounts of the Department of Defense
                          for such costs incurred in support of Operations Enduring Freedom
                          and Noble Anvil: Provided, That the Secretary of Defense shall                                        Notification.
                          notify the Committees on Appropriations of the House and Senate                                       Deadline.
                          of transfers made pursuant to this section not later than 15 days
                          after any such transfer is made: Provided further, That the transfer
                          authority provided under this section is in addition to any other
                          transfer authority available to the Department of Defense: Provided
                          further, That the transfer authority available under this section
                          may be utilized only after all other funds made available to the
                          Department of Defense pursuant to Public Law 107–38 have been
                          obligated: Provided further, That no congressional interest item
                          may be reduced for the purposes of this section: Provided further,
                          That such authority to transfer shall expire on April 30, 2002.                                       Expiration date.
                               SEC. 307. During fiscal year 2002 the President, acting by                                       42 USC 2472
                          and with the consent of the Senate, is authorized to appoint a                                        note.
                          commissioned officer of the Armed Forces, in active status, to the
                          Office of Deputy Administrator of the National Aeronautics and
                          Space Administration notwithstanding section 202(b) of the
                          National Aeronautics and Space Act of 1958 (42 U.S.C. 2472(b)).
                          If so appointed, the provisions of section 403(c)(3), (4), and (5)
                          of title 50, United States Code, shall be applicable while the commis-
                          sioned officer serves as Deputy Administrator in the same manner
                          and extent as if the officer was serving in a position specified
                          in section 403(c) of title 50, United States Code, except that the
                          officer’s military pay and allowances shall be reimbursed from funds
                          available to the National Aeronautics and Space Administration.




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                          115 STAT. 2302                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                                          CHAPTER 4

                                                                               DISTRICT OF COLUMBIA

                                                                                     FEDERAL FUNDS

                                                  FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR PROTECTIVE
                                                              CLOTHING AND BREATHING APPARATUS
                                                      For a Federal payment to the District of Columbia for protective
                                                 clothing and breathing apparatus, to be obligated from amounts
                                                 made available in Public Law 107–38 and to remain available
                                                 until September 30, 2003, $7,144,000, of which $922,000 is for
                                                 the Fire and Emergency Medical Services Department, $4,269,000
                                                 is for the Metropolitan Police Department, $1,500,000 is for the
                                                 Department of Health, and $453,000 is for the Department of
                                                 Public Works.

                                                  FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SPECIALIZED
                                                               HAZARDOUS MATERIALS EQUIPMENT
                                                     For a Federal payment to the District of Columbia for special-
                                                 ized hazardous materials equipment, to be obligated from amounts
                                                 made available in Public Law 107–38 and to remain available
                                                 until September 30, 2003, $1,032,000, for the Fire and Emergency
                                                 Medical Services Department.

                                                   FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR CHEMICAL
                                                             AND BIOLOGICAL WEAPONS PREPAREDNESS

                                                      For a Federal payment to the District of Columbia for chemical
                                                 and biological weapons preparedness, to be obligated from amounts
                                                 made available in Public Law 107–38 and to remain available
                                                 until September 30, 2003, $10,355,000, of which $205,000 is for
                                                 the Fire and Emergency Medical Services Department, $258,000
                                                 is for the Metropolitan Police Department, and $9,892,000 is for
                                                 the Department of Health.

                                                           FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR
                                                                  PHARMACEUTICALS FOR RESPONDERS
                                                      For a Federal payment to the District of Columbia for pharma-
                                                 ceuticals for responders, to be obligated from amounts made avail-
                                                 able in Public Law 107–38 and to remain available until September
                                                 30, 2003, $2,100,000, for the Department of Health.

                                                   FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR RESPONSE
                                                               AND COMMUNICATIONS CAPABILITY

                                                     For a Federal payment to the District of Columbia for response
                                                 and communications capability, to be obligated from amounts made
                                                 available in Public Law 107–38 and to remain available until Sep-
                                                 tember 30, 2003, $14,960,000, of which $7,755,000 is for the Fire
                                                 and Emergency Medical Services Department, $5,855,000 is for
                                                 the Metropolitan Police Department, $113,000 is for the Department
                                                 of Public Works Division of Transportation, $58,000 is for the Office
                                                 of Property Management, $60,000 is for the Department of Public
                                                 Works, $750,000 is for the Department of Health, $309,000 is




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2303

                          for the Department of Human Services, and $60,000 is for the
                          Department of Parks and Recreation.

                             FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR SEARCH,
                               RESCUE AND OTHER EMERGENCY EQUIPMENT AND SUPPORT
                               For a Federal payment to the District of Columbia, to be
                          obligated from amounts made available in Public Law 107–38 and
                          to remain available until September 30, 2003, for search, rescue
                          and other emergency equipment and support, $8,850,000, of which
                          $5,442,000 is for the Metropolitan Police Department, $208,000
                          is for the Fire and Emergency Medical Services Department,
                          $398,500 is for the Department of Consumer and Regulatory Affairs,
                          $1,178,500 is for the Department of Public Works, $542,000 is
                          for the Department of Human Services, and $1,081,000 is for the
                          Department of Mental Health.

                          FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EQUIPMENT,
                            SUPPLIES AND VEHICLES FOR THE OFFICE OF THE CHIEF MEDICAL
                            EXAMINER
                               For a Federal payment to the District of Columbia, to be
                          obligated from amounts made available in Public Law 107–38 and
                          to remain available until September 30, 2003, for equipment, sup-
                          plies and vehicles for the Office of the Chief Medical Examiner,
                          $1,780,000.

                            FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR HOSPITAL
                              CONTAINMENT FACILITIES FOR THE DEPARTMENT OF HEALTH
                               For a Federal payment to the District of Columbia, to be
                          obligated from amounts made available in Public Law 107–38 and
                          to remain available until September 30, 2003, for hospital contain-
                          ment facilities for the Department of Health, $8,000,000.

                           FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR THE OFFICE
                                       OF THE CHIEF TECHNOLOGY OFFICER

                               For a Federal payment to the District of Columbia, to be
                          obligated from amounts made available in Public Law 107–38 and
                          to remain available until September 30, 2003, for the Office of
                          the Chief Technology Officer, $45,494,000, for a first response land-
                          line and wireless interoperability project, of which $1,000,000 shall
                          be used to initiate a comprehensive review, by a non-vendor con-
                          tractor, of the District’s current technology-based systems and to
                          develop a plan for integrating the communications systems of the
                          District of Columbia Metropolitan Police and Fire and Emergency
                          Medical Services Departments with the systems of local, regional
                          and Federal law enforcement agencies, including but not limited
                          to the United States Capitol Police, United States Park Police,
                          United States Secret Service, Federal Bureau of Investigation, Fed-
                          eral Protective Service, and the Washington Metropolitan Area
                          Transit Authority Police: Provided, That such plan shall be sub-                                      Deadline.
                          mitted to the Committees on Appropriations of the Senate and
                          the House of Representatives no later than June 15, 2002.




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                          115 STAT. 2304                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                  FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR EMERGENCY
                                                                    TRAFFIC MANAGEMENT
                                                      For a Federal payment to the District of Columbia, to be
                                                 obligated from amounts made available in Public Law 107–38 and
                                                 to remain available until September 30, 2003, for emergency traffic
                                                 management, $20,700,000, for the Department of Public Works
                                                 Division of Transportation, of which $14,000,000 is to upgrade
                                                 traffic light controllers, $4,700,000 is to establish a video traffic
                                                 monitoring system, and $2,000,000 is to disseminate traffic informa-
                                                 tion.

                                                    FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR TRAINING
                                                                         AND PLANNING

                                                      For a Federal payment to the District of Columbia, to be
                                                 obligated from amounts made available in Public Law 107–38 and
                                                 to remain available until September 30, 2003, for training and
                                                 planning, $9,949,000, of which $4,400,000 is for the Fire and Emer-
                                                 gency Medical Services Department, $990,000 is for the Metropoli-
                                                 tan Police Department, $1,200,000 is for the Department of Health,
                                                 $200,000 is for the Office of the Chief Medical Examiner, $500,000
                                                 is for the Office of Property Management, $500,000 is for the
                                                 Department of Mental Health, $469,000 is for the Department
                                                 of Consumer and Regulatory Affairs, $240,000 is for the Department
                                                 of Public Works, $600,000 is for the Department of Human Services,
                                                 $100,000 is for the Department of Parks and Recreation, and
                                                 $750,000 is for the Division of Transportation.

                                                   FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA FOR INCREASED
                                                                       FACILITY SECURITY
                                                      For a Federal payment to the District of Columbia, to be
                                                 obligated from amounts made available in Public Law 107–38 and
                                                 to remain available until September 30, 2003, for increased facility
                                                 security, $25,536,000, of which $3,900,000 is for the Emergency
                                                 Management Agency, $14,575,000 is for the public schools, and
                                                 $7,061,000 is for the Office of Property Management.

                                                        FEDERAL PAYMENT TO THE WASHINGTON METROPOLITAN AREA
                                                                         TRANSIT AUTHORITY
                                                      For a Federal payment to the Washington Metropolitan Area
                                                 Transit Authority to meet region-wide security requirements, a
                                                 contribution of $39,100,000, to be obligated from amounts made
                                                 available in Public Law 107–38 and to remain available until Sep-
                                                 tember 30, 2003, of which $5,000,000 shall be used for protective
                                                 clothing and breathing apparatus, $2,200,000 shall be for comple-
                                                 tion of the fiber optic network project, $15,000,000 shall be for
                                                 a chemical emergency sensor program, and $16,900,000 shall be
                                                 for increased employee and facility security.

                                                   FEDERAL PAYMENT TO THE METROPOLITAN WASHINGTON COUNCIL
                                                                       OF GOVERNMENTS

                                                     For a Federal payment to the Metropolitan Washington Council
                                                 of Governments to enhance regional emergency preparedness,
                                                 coordination and response, $5,000,000, to be obligated from amounts




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2305

                          made available in Public Law 107–38 and to remain available
                          until September 30, 2003, of which $1,500,000 shall be used to
                          contribute to the development of a comprehensive regional emer-
                          gency preparedness, coordination and response plan, $500,000 shall
                          be used to develop a critical infrastructure threat assessment model,
                          $500,000 shall be used to develop and implement a regional commu-
                          nications plan, and $2,500,000 shall be used to develop protocols
                          and procedures for training and outreach exercises.

                                                  DISTRICT OF COLUMBIA FUNDS

                                                            DIVISION OF EXPENSES
                               The following amounts are appropriated for the District of
                          Columbia for the current fiscal year out of the general fund of
                          the District of Columbia and shall remain available until September
                          30, 2003.
                               For Protective Clothing and Breathing Apparatus, to remain
                          available until September 30, 2003, $7,144,000, of which $922,000
                          is for the Fire and Emergency Medical Services Department,
                          $4,269,000 is for the Metropolitan Police Department, $1,500,000
                          is for the Department of Health, and $453,000 is for the Department
                          of Public Works.
                               For Specialized Hazardous Materials Equipment, to remain
                          available until September 30, 2003, $1,032,000, for the Fire and
                          Emergency Medical Services Department.
                               For Chemical and Biological Weapons Preparedness, to remain
                          available until September 30, 2003, $10,355,000, of which $205,000
                          is for the Fire and Emergency Medical Services Department,
                          $258,000 is for the Metropolitan Police Department, and $9,892,000
                          is for the Department of Health.
                               For Pharmaceuticals for Responders, to remain available until
                          September 30, 2003, $2,100,000, for the Department of Health.
                               For Response and Communications capability, to remain avail-
                          able until September 30, 2003, $14,960,000, of which $7,755,000
                          is for the Fire and Emergency Medical Services Department,
                          $5,855,000 is for the Metropolitan Police Department, $113,000
                          is for the Department of Public Works Division of Transportation,
                          $58,000 is for the Office of Property Management, $60,000 is for
                          the Department of Public Works, $750,000 is for the Department
                          of Health, $309,000 is for the Department of Human Services,
                          and $60,000 is for the Department of Parks and Recreation.
                               For search, rescue and other emergency equipment and support,
                          to remain available until September 30, 2003, $8,850,000, of which
                          $5,442,000 is for the Metropolitan Police Department, $208,000
                          is for the Fire and Emergency Medical Services Department,
                          $398,500 is for the Department of Consumer and Regulatory Affairs,
                          $1,178,500 is for the Department of Public Works, $542,000 is
                          for the Department of Human Services, and $1,081,000 is for the
                          Department of Mental Health.
                               For equipment, supplies and vehicles, to remain available until
                          September 30, 2003, for the Office of the Chief Medical Examiner,
                          $1,780,000.
                               For hospital containment facilities, to remain available until
                          September 30, 2003, for the Department of Health, $8,000,000.
                               For the Office of the Chief Technology Officer, to remain avail-
                          able until September 30, 2003, $45,494,000 is for a first response




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                          115 STAT. 2306                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 land-line and wireless interoperability project, of which $1,000,000
                                                 shall be used to initiate a comprehensive review by a non-vendor
                                                 contractor of the District’s current technology-based systems and
                                                 to develop a plan for integrating the communications systems of
                                                 the District of Columbia Metropolitan Police and Fire and Emer-
                                                 gency Medical Services Departments with the systems of local,
                                                 regional and Federal law enforcement agencies, including, but not
                                                 limited to the United States Capitol Police, United States Park
                                                 Police, United States Secret Service, Federal Bureau of Investiga-
                                                 tion, Federal Protective Service, and the Washington Metropolitan
                          Deadline.              Area Transit Authority Police: Provided, That such plan shall be
                                                 submitted to the Committees on Appropriations of the Senate and
                                                 the House of Representatives no later than June 15, 2002.
                                                      For emergency traffic management, to remain available until
                                                 September 30, 2003, $20,700,000 is for the Department of Public
                                                 Works Division of Transportation, of which $14,000,000 is to
                                                 upgrade traffic light controllers, $4,700,000 is to establish a video
                                                 traffic monitoring system, and $2,000,000 is to disseminate traffic
                                                 information.
                                                      For training and planning, to remain available until September
                                                 30, 2003, $9,949,000, of which $4,400,000 is for the Fire and Emer-
                                                 gency Medical Services Department, $990,000 is for the Metropoli-
                                                 tan Police Department, $1,200,000 is for the Department of Health,
                                                 $200,000 is for the Office of the Chief Medical Examiner, $500,000
                                                 is for the Office of Property Management, $500,000 is for the
                                                 Department of Mental Health, $469,000 is for the Department
                                                 of Consumer and Regulatory Affairs, $240,000 is for the Department
                                                 of Public Works, $600,000 is for the Department of Human Services,
                                                 $100,000 is for the Department of Parks and Recreation, and
                                                 $750,000 is for the Division of Transportation.
                                                      For increased facility security, to remain available until Sep-
                                                 tember 30, 2003, $25,536,000, of which $3,900,000 is for the Emer-
                                                 gency Management Agency, $14,575,000 for the public schools, and
                                                 $7,061,000 for the Office of Property Management.

                                                                   GENERAL PROVISIONS, THIS CHAPTER
                                                      SEC. 401. Notwithstanding any other provision of law, the
                                                 Chief Financial Officer of the District of Columbia may transfer
                                                 up to 5 percent of the funds appropriated to the District of Columbia
                                                 in this chapter between these accounts: Provided, That no such
                                                 transfer shall take place unless the Chief Financial Officer of the
                                                 District of Columbia notifies in writing the Committees on Appro-
                                                 priations of the Senate and the House of Representatives 30 days
                                                 in advance of such transfer.
                          Reports.                    SEC. 402. The Chief Financial Officer of the District of
                          Deadline.              Columbia, the Chief Financial Officer of the Washington Metropoli-
                                                 tan Area Transit Authority and the Executive Director of the Metro-
                                                 politan Washington Council of Governments shall provide quarterly
                                                 reports to the President and the Committees on Appropriations
                                                 of the Senate and the House of Representatives on the use of
                                                 the funds under this chapter beginning no later than March 15,
                                                 2002.
                                                      SEC. 403. Notwithstanding any other provision of law, all
                                                 amounts under this chapter shall be apportioned quarterly by the
                          Deadline.              Office of Management and Budget: Provided, That all such funds
                                                 shall be made available no later than September 30, 2002.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2307

                               SEC. 404. In the Fiscal Year 2002 District of Columbia Appro-
                          priations Act under the heading ‘‘Administrative Provisions, Pay-
                          ments for Representation of Indigents’’ under subsection (c), strike                                  Ante, p. 929.
                          all after ‘‘March 1, 2002.’’ through ‘‘ ‘3600’. ’’.

                                                                    CHAPTER 5

                                                DEPARTMENT OF DEFENSE—CIVIL

                                                          DEPARTMENT OF THE ARMY

                                                         CORPS OF ENGINEERS—CIVIL
                                               OPERATION AND MAINTENANCE, GENERAL

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Operation and Mainte-
                          nance, General’’, $139,000,000, to remain available until expended,
                          to be obligated from amounts made available in Public Law 107–
                          38.

                                                  DEPARTMENT OF THE INTERIOR

                                                          BUREAU OF RECLAMATION
                                                        WATER AND RELATED RESOURCES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Water and Related
                          Resources’’, $30,259,000, to remain available until expended, to
                          be obligated from amounts made available in Public Law 107–
                          38.

                                                        DEPARTMENT OF ENERGY

                                            ATOMIC ENERGY DEFENSE ACTIVITIES

                                           NATIONAL NUCLEAR SECURITY ADMINISTRATION
                                                              WEAPONS ACTIVITIES

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, and for other expenses
                          to increase the security of the Nation’s nuclear weapons complex,
                          for ‘‘Weapons Activities’’, $131,000,000, to remain available until
                          expended, to be obligated from amounts made available in Public
                          Law 107–38.

                                                 DEFENSE NUCLEAR NONPROLIFERATION

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, and for other expenses
                          to increase the security of the Nation’s nuclear weapons complex,
                          for ‘‘Defense Nuclear Nonproliferation’’, $226,000,000, to remain
                          available until expended, to be obligated from amounts made avail-
                          able in Public Law 107–38.




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                          115 STAT. 2308                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                        ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                                                  DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Defense Environmental
                                                 Restoration and Waste Management’’, $8,200,000, to remain avail-
                                                 able until expended, to be obligated from amounts made available
                                                 in Public Law 107–38.

                                                                               OTHER DEFENSE ACTIVITIES
                                                       For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, and for other expenses
                                                 necessary to support activities related to countering potential
                                                 biological threats to civilian populations, for ‘‘Other Defense Activi-
                                                 ties’’, $3,500,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.

                                                                                INDEPENDENT AGENCY

                                                                         NUCLEAR REGULATORY COMMISSION
                                                                                  SALARIES AND EXPENSES

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, and for other expenses
                                                 to increase the security of the Nation’s nuclear power plants, for
                                                 ‘‘Salaries and Expenses’’, $36,000,000, to remain available until
                                                 expended, to be obligated from amounts made available in Public
                                                 Law 107–38: Provided, That the funds appropriated herein shall
                                                 be excluded from license fee revenues, notwithstanding 42 U.S.C.
                                                 2214.

                                                                   GENERAL PROVISIONS, THIS CHAPTER
                                                       SEC. 501. Of the funds provided in this or any other Act
                                                 for ‘‘Defense Environmental Restoration and Waste Management’’
                                                 at the Department of Energy, up to $500,000 may be available
                                                 to the Secretary of Energy for safety improvements to roads along
                                                 the shipping route to the Waste Isolation Pilot Plant site.
                                                       SEC. 502. NUTWOOD LEVEE, ILLINOIS. The Energy and Water
                                                 Development Appropriations Act, 2002 (Public Law 107–66) is
                                                 amended under the heading ‘‘Title I, Department of Defense—
                                                 Civil, Department of the Army, Corps of Engineers—Civil, Construc-
                          Ante, p. 490.          tion, General’’ by inserting after ‘‘$3,500,000’’ but before the ‘‘.’’
                                                 ‘‘: Provided further, That using $400,000 of the funds appropriated
                                                 herein, the Secretary of the Army, acting through the Chief of
                                                 Engineers, may initiate construction on the Nutwood Levee, Illinois
                                                 project’’.
                                                       SEC. 503. The Reclamation Safety of Dams Act of 1978 (43
                                                 U.S.C. 509) is amended as follows:
                          43 USC 508.                       (1) by inserting in section 4(c) after ‘‘2000,’’ and before
                                                       ‘‘costs’’ the following: ‘‘and the additional $32,000,000 further
                                                       authorized to be appropriated by amendments to the Act in
                                                       2001,’’; and
                          43 USC 509.                       (2) by inserting in section 5 after ‘‘levels),’’ and before
                                                       ‘‘plus’’ the following: ‘‘and, effective October 1, 2001, not to




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2309

                               exceed an additional $32,000,000 (October 1, 2001, price
                               levels),’’.
                               SEC. 504. JICARILLA, NEW MEXICO, MUNICIPAL WATER SYSTEM.
                          Public Law 107–66 is amended—
                                    (1) under the heading of ‘‘Title I, Department of Defense—                                  Ante, p. 489.
                               Civil, Department of the Army, Corps of Engineers—Civil,
                               Construction, General’’—
                                           (A) by striking ‘‘Provided further, That using
                                    $2,500,000 of the funds provided herein, the Secretary of
                                    the Army, acting through the Chief of Engineers, is directed
                                    to proceed with a final design and initiate construction
                                    for the repair and replacement of the Jicarilla Municipal
                                    Water System in the town of Dulce, New Mexico:’’; and
                                           (B) insert at the end before the period the following:
                                    ‘‘: Provided further, That using funds provided herein, the
                                    Secretary of the Army, acting through the Chief of Engi-
                                    neers, is directed to transfer $2,500,000 to the Secretary
                                    of the Interior for the Bureau of Reclamation to proceed
                                    with the Jicarilla Municipal Water System in the town
                                    of Dulce, New Mexico’’; and
                                    (2) under the heading of ‘‘Title II, Department of the                                      Ante, p. 498.
                               Interior, Bureau of Reclamation, Water and Related Resources,
                               (Including the Transfer of Funds)’’, insert at the end before
                               the period the following: ‘‘: Provided further, That using
                               $2,500,000 of the funds provided herein, the Secretary of the
                               Interior is directed to proceed with a final design and initiate
                               construction for the repair and replacement of the Jicarilla
                               Municipal Water System in the town of Dulce, New Mexico’’.
                               SEC. 505. (a) OCCOQUAN RIVER, VIRGINIA.—The project for
                          navigation, Occoquan Creek, Virginia, authorized by the first section
                          of the Act entitled ‘‘An Act making appropriations for the construc-
                          tion, repair, and preservation of certain public works on rivers
                          and harbors, and for other purposes’’, approved September 19, 1890
                          (26 Stat. 440), is modified to direct the Secretary of the Army—
                                    (1) to deepen the project to a depth of 9 feet; and
                                    (2) to widen the project between Channel Marker Number
                               2 and the bridge at United States Route 1 to a width of
                               200 feet.
                               (b) AVAILABILITY OF FUNDS.—Amounts appropriated to carry
                          out the project referred to in subsection (a) by the Energy and
                          Water Development Appropriations Act, 2001 (as enacted into law
                          by Public Law 106–377), shall be made available to carry out
                          the modifications to the project under subsection (a).
                               (c) PROJECT REDESIGNATION.—
                                    (1) IN GENERAL.—The project referred to in subsection (a)
                               shall be known and designated as the ‘‘project for navigation,
                               Occoquan River, Virginia’’.
                                    (2) REFERENCES.—Any reference in a law, map, regulation,
                               document, paper, or other record of the United States to the
                               project referred to in subsection (a) shall be deemed to be
                               a reference to the ‘‘project for navigation, Occoquan River,
                               Virginia’’.




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                          115 STAT. 2310                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                                          CHAPTER 6
                                                                          BILATERAL ECONOMIC ASSISTANCE
                                                                     FUNDS APPROPRIATED TO THE PRESIDENT
                                                        UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
                                                                        INTERNATIONAL DISASTER ASSISTANCE

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘International Disaster
                                                 Assistance’’, $50,000,000, to remain available until expended, to
                                                 be obligated from amounts made available in Public Law 107–
                                                 38, for humanitarian and reconstruction activities in Afghanistan.
                                                                                          CHAPTER 7
                                                                        DEPARTMENT OF THE INTERIOR
                                                                                 NATIONAL PARK SERVICE
                                                                    OPERATION 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 obli-
                                                 gated from amounts made available in Public Law 107–38.
                                                                                          CONSTRUCTION

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States for ‘‘Construction’’,
                                                 $21,624,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38: Provided,
                                                 That notwithstanding any other provision of law, single but separate
                                                 procurements for the construction of security improvements at the
                                                 Washington Monument, for security improvements at the Lincoln
                                                 Memorial, and for security improvements at the Jefferson Memorial,
                                                 may be issued that include the full scope of each project, except
                                                 that each solicitation and contract shall contain the clause ‘‘avail-
                                                 ability of funds’’ found at section 52.232.18 of title 48, Code of
                                                 Federal Regulations.
                                                                                  DEPARTMENTAL OFFICES
                                                                               DEPARTMENTAL MANAGEMENT
                                                                                  SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States for ‘‘Salaries and Expenses’’,




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2311

                          $2,205,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38, for the working
                          capital fund of the Department of the Interior.
                                                        OTHER RELATED AGENCIES
                                                          SMITHSONIAN INSTITUTION
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States for ‘‘Salaries and Expenses’’
                          of the Smithsonian Institution, $21,707,000, to remain available
                          until expended, to be obligated from amounts made available in
                          Public Law 107–38.
                                                         NATIONAL GALLERY OF ART
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States for ‘‘Salaries and Expenses’’
                          of the National Gallery of Art, $2,148,000, to remain available
                          until expended, to be obligated from amounts made available in
                          Public Law 107–38.
                                    JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
                                                        OPERATIONS AND MAINTENANCE

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States for ‘‘Operations and Mainte-
                          nance’’ of the John F. Kennedy Center for the Performing Arts,
                          $4,310,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.
                                             NATIONAL CAPITAL PLANNING COMMISSION
                                                           SALARIES AND EXPENSES

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States for ‘‘Salaries and Expenses’’
                          of the National Capital Planning Commission, $758,000, to be obli-
                          gated from amounts made available in Public Law 107–38.
                                            GENERAL PROVISIONS, THIS CHAPTER
                              SEC. 701. (a) IN GENERAL.—The Secretary of the Smithsonian                                        Historic
                          Institution shall collect and preserve in the National Museum of                                      preservation.
                                                                                                                                20 USC 50 note.
                          American History artifacts relating to the September 11th attacks
                          on the World Trade Center and the Pentagon.
                              (b) TYPES OF ARTIFACTS.—In carrying out subsection (a), the
                          Secretary of the Smithsonian Institution shall consider collecting
                          and preserving—
                                   (1) pieces of the World Trade Center and the Pentagon;
                                   (2) still and video images made by private individuals
                              and the media;
                                   (3) personal narratives of survivors, rescuers, and govern-
                              ment officials; and




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                          115 STAT. 2312                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                           (4) other artifacts, recordings, and testimonials that the
                                                      Secretary of the Smithsonian Institution determines have
                                                      lasting historical significance.
                                                      (c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
                                                 to be appropriated to the Smithsonian Institution $5,000,000 to
                                                 carry out this section.
                                                      SEC. 702. Section 29 of Public Law 92–203, as enacted under
                                                 section 4 of Public Law 94–204 (43 U.S.C. 1626), is amended by
                                                 adding at the end of subsection (e) the following:
                                                           ‘‘(4)(A) Congress confirms that Federal procurement pro-
                                                      grams for tribes and Alaska Native Corporations are enacted
                                                      pursuant to its authority under Article I, Section 8 of the
                                                      United States Constitution.
                                                           ‘‘(B) Contracting with an entity defined in subsection (e)(2)
                                                      of this section or section 3(c) of Public Law 93–262 shall be
                                                      credited towards the satisfaction of a contractor’s obligations
                                                      under section 7 of Public Law 87–305.
                                                           ‘‘(C) Any entity that satisfies subsection (e)(2) of this section
                                                      that has been certified under section 8 of Public Law 85–
                                                      536 is a Disadvantaged Business Enterprise for the purposes
                                                      of Public Law 105–178.’’.

                                                                                          CHAPTER 8

                                                                               DEPARTMENT OF LABOR

                                                                   EMPLOYMENT AND TRAINING ADMINISTRATION
                                                                        TRAINING AND EMPLOYMENT SERVICES

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States for ‘‘Training and employment
                                                 services’’, $32,500,000, to remain available until expended, to be
                                                 obligated from amounts made available in Public Law 107–38:
                                                 Provided, That such amount shall be provided to the Consortium
                                                 for Worker Education, established by the New York City Central
                                                 Labor Council and the New York City Partnership, for an Emer-
                                                 gency Employment Clearinghouse.
                                                        STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
                                                                             OPERATIONS

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘State Unemployment
                                                 Insurance and Employment Service Operations’’, $4,100,000, to
                                                 remain available until expended, to be obligated from amounts
                                                 made available in Public Law 107–38.

                                                                         WORKERS COMPENSATION PROGRAMS

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Workers Compensation
                                                 Programs’’, $175,000,000, to remain available until expended, to
                                                 be obligated from amounts made available in Public Law 107–
                                                 38: Provided, That, of such amount, $125,000,000 shall be for pay-
                                                 ment to the New York State Workers Compensation Review Board,
                                                 for the processing of claims related to the terrorist attacks: Provided
                                                 further, That, of such amount, $25,000,000 shall be for payment




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2313

                          to the New York State Uninsured Employers Fund, for reimburse-
                          ment of claims related to the terrorist attacks: Provided further,
                          That, of such amount, $25,000,000 shall be for payment to the
                          New York State Uninsured Employers Fund, for reimbursement
                          of claims related to the first response emergency services personnel
                          who were injured, were disabled, or died due to the terrorist attacks.

                                       PENSION AND WELFARE BENEFITS ADMINISTRATION
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $1,600,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                     OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $1,000,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                        DEPARTMENTAL MANAGEMENT
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $5,880,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                  DEPARTMENT OF HEALTH AND HUMAN SERVICES

                                       CENTERS FOR DISEASE CONTROL AND PREVENTION
                                             DISEASE CONTROL, RESEARCH, AND TRAINING

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States for ‘‘Disease control, research,
                          and training’’ for baseline safety screening for the emergency serv-
                          ices personnel and rescue and recovery personnel, $12,000,000,
                          to remain available until expended, to be obligated from amounts
                          made available in Public Law 107–38.

                                                          OFFICE OF THE SECRETARY
                                   PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, to provide grants to public
                          entities, not-for-profit entities, and Medicare and Medicaid enrolled
                          suppliers and institutional providers to reimburse for health care
                          related expenses or lost revenues directly attributable to the public
                          health emergency resulting from the September 11, 2001, terrorist
                          acts, for ‘‘Public Health and Social Services Emergency Fund’’,
                          $140,000,000, to remain available until expended, to be obligated




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                          115 STAT. 2314                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 from amounts made available in Public Law 107–38: Provided,
                                                 That none of the costs have been reimbursed or are eligible for
                                                 reimbursement from other sources.
                                                      For emergency expenses necessary to support activities related
                                                 to countering potential biological, disease, and chemical threats
                                                 to civilian populations, for ‘‘Public Health and Social Services Emer-
                                                 gency Fund’’, $2,504,314,000, to remain available until expended,
                                                 to be obligated from amounts made available in Public Law 107–
                                                 38. Of this amount, $865,000,000 shall be for the Centers for
                                                 Disease Control and Prevention for improving State and local
                                                 capacity; $135,000,000 shall be for grants to improve hospital
                                                 capacity to respond to bioterrorism; $100,000,000 shall be for
                                                 upgrading capacity at the Centers for Disease Control and Preven-
                                                 tion, including research: Provided, That up to $10,000,000 of this
                                                 amount shall be for the tracking and control of biological pathogens;
                                                 $85,000,000 shall be for the National Institute of Allergy and Infec-
                                                 tious Diseases for bioterrorism-related research and development
                                                 and other related needs; $70,000,000 shall be for the National
                                                 Institute of Allergy and Infectious Diseases for the construction
                                                 of a biosafety laboratory and related infrastructure costs;
                                                 $593,000,000 shall be for the National Pharmaceutical Stockpile;
                                                 $512,000,000 shall be for the purchase of smallpox vaccine;
                                                 $71,000,000 shall be for improving laboratory security at the
                                                 National Institutes of Health and the Centers for Disease Control
                                                 and Prevention; $7,500,000 shall be for environmental hazard con-
                                                 trol activities conducted by the Centers for Disease Control and
                                                 Prevention; $10,000,000 shall be for the Substance Abuse and
                                                 Mental Health Services Administration; and $55,814,000 shall be
                                                 for bioterrorism preparedness and disaster response activities in
                                                 the Office of the Secretary. At the discretion of the Secretary,
                                                 these amounts may be transferred between categories subject to
                                                 normal reprogramming procedures.

                                                                          DEPARTMENT OF EDUCATION

                                                                           SCHOOL IMPROVEMENT PROGRAMS

                                                     For emergency expenses to provide education-related services
                                                 to local educational agencies in which the learning environment
                                                 has been disrupted due to a violent or traumatic crisis, for the
                                                 Project School Emergency Response to Violence program,
                                                 $10,000,000, to remain available until expended, and to be obligated
                                                 from amounts made available in Public Law 107–38.

                                                                                  RELATED AGENCIES

                                                                         NATIONAL LABOR RELATIONS BOARD

                                                                                  SALARIES 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.




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                                              PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2315

                                                    SOCIAL SECURITY ADMINISTRATION
                                               LIMITATION ON ADMINISTRATIVE EXPENSES

                            For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Limitation on Adminis-
                          trative Expenses’’, $7,500,000, to remain available until expended,
                          to be obligated from amounts made available in Public Law 107–
                          38.
                                                                      CHAPTER 9
                                                            LEGISLATIVE BRANCH
                                                                     JOINT ITEMS
                                           LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND

                                                         (INCLUDING TRANSFER OF FUNDS)
                               For emergency expenses to respond to the terrorist attacks
                          on the United States, $256,081,000, to remain available until
                          expended, to be obligated from amounts made available in Public
                          Law 107–38: Provided, That $34,500,000 shall be transferred to
                          ‘‘Senate’’, ‘‘Sergeant at Arms and Doorkeeper of the Senate’’, and
                          shall be obligated with the prior approval of the Senate Committee
                          on Appropriations: Provided further, That $41,712,000 shall be
                          transferred to ‘‘House of Representatives’’, ‘‘Salaries and Expenses’’,
                          and shall be obligated with the prior approval of the House Com-
                          mittee on Appropriations: Provided further, That $31,000,000 shall
                          be transferred to ‘‘Capitol Police Board’’, ‘‘Capitol Police’’, ‘‘General
                          Expenses’’: Provided further, That $350,000 shall be transferred
                          to ‘‘Capitol Guide Service and Special Services Office’’: Provided
                          further, That $106,304,000 shall be transferred to ‘‘Architect of
                          the Capitol’’, ‘‘Capitol Buildings and Grounds’’, ‘‘Capitol Buildings’’:
                          Provided further, That $29,615,000 shall be transferred to ‘‘Library
                          of Congress’’, ‘‘Salaries and Expenses’’: Provided further, That
                          $4,000,000 shall be transferred to the ‘‘Government Printing Office’’,
                          ‘‘Government Printing Office Revolving Fund’’: Provided further,
                          That $7,600,000 shall be transferred to ‘‘General Accounting Office’’,
                          ‘‘Salaries and Expenses’’: Provided further, That $1,000,000 shall
                          be transferred as a grant to the United States Capitol Historical
                          Society: Provided further, That any Legislative Branch entity
                          receiving funds pursuant to the Emergency Response Fund estab-
                          lished by Public Law 107–38 (without regard to whether the funds
                          are provided under this chapter or pursuant to any other provision
                          of law) may transfer any funds provided to the entity to any
                          other Legislative Branch account in an amount equal to that
                          required to provide support for security enhancements, subject to
                          the approval of the Committees on Appropriations of the House
                          of Representatives and Senate.
                                                                        SENATE
                                                          ADMINISTRATIVE PROVISIONS
                              SEC. 901. (a) ACQUISITION OF BUILDINGS AND FACILITIES.—                                             40 USC 174b–2.
                          Notwithstanding any other provision of law, in order to respond
                          to an emergency situation, the Sergeant at Arms of the Senate




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                          115 STAT. 2316                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 may acquire buildings and facilities for the use of the Senate,
                                                 as appropriate, by lease, purchase, or such other arrangement as
                                                 the Sergeant at Arms of the Senate considers appropriate (including
                                                 a memorandum of understanding with the head of an executive
                                                 agency, as defined in section 105 of title 5, United States Code,
                                                 in the case of a building or facility under the control of such
                                                 Agency). Actions taken by the Sergeant at Arms of the Senate
                                                 must be approved by the Committees on Appropriations and Rules
                                                 and Administration.
                                                      (b) AGREEMENTS.—Notwithstanding any other provision of law,
                                                 for purposes of carrying out subsection (a), the Sergeant at Arms
                                                 of the Senate may carry out such activities and enter into such
                                                 agreements related to the use of any building or facility acquired
                                                 pursuant to such subsection as the Sergeant at Arms of the Senate
                                                 considers appropriate, including—
                                                            (1) agreements with the United States Capitol Police or
                                                      any other entity relating to the policing of such building or
                                                      facility; and
                                                            (2) agreements with the Architect of the Capitol or any
                                                      other entity relating to the care and maintenance of such
                                                      building or facility.
                                                      (c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT.—
                                                            (1) ARCHITECT OF THE CAPITOL.—Notwithstanding any
                                                      other provision of law, the Architect of the Capitol may take
                                                      any action necessary to carry out an agreement entered into
                                                      with the Sergeant at Arms of the Senate pursuant to subsection
                                                      (b).
                                                            (2) CAPITOL POLICE.—Section 9 of the Act of July 31, 1946
                                                      (40 U.S.C. 212a) is amended—
                                                                 (A) by striking ‘‘The Capitol Police’’ and inserting ‘‘(a)
                                                            The Capitol Police’’; and
                                                                 (B) by adding at the end the following new subsection:
                                                      ‘‘(b) For purposes of this section, ‘the United States Capitol
                                                 Buildings and Grounds’ shall include any building or facility
                                                 acquired by the Sergeant at Arms of the Senate for the use of
                                                 the Senate for which the Sergeant at Arms of the Senate has
                                                 entered into an agreement with the United States Capitol Police
                                                 for the policing of the building or facility.’’.
                                                      (d) TRANSFER OF CERTAIN FUNDS.—Subject to the approval
                                                 of the Committee on Appropriations of the Senate, the Architect
                                                 of the Capitol may transfer to the Sergeant at Arms of the Senate
                                                 amounts made available to the Architect for necessary expenses
                                                 for the maintenance, care and operation of the Senate office
                                                 buildings during a fiscal year in order to cover any portion of
                                                 the costs incurred by the Sergeant at Arms of the Senate during
                                                 the year in acquiring a building or facility pursuant to subsection
                                                 (a).
                          Applicability.              (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.
                          2 USC 130g.                 SEC. 902. (a) Notwithstanding any other provision of law—
                                                            (1) subject to subsection (b), the Sergeant at Arms of the
                                                      Senate and the head of an executive agency (as defined in
                                                      section 105 of title 5, United States Code) may enter into
                                                      a memorandum of understanding under which the agency may
                                                      provide facilities, equipment, supplies, personnel, and other




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2317

                               support services for the use of the Senate during an emergency
                               situation; and
                                    (2) the Sergeant at Arms of the Senate and the head
                               of the agency may take any action necessary to carry out
                               the terms of the memorandum of understanding.
                               (b) The Sergeant at Arms of the Senate may enter into a
                          memorandum of understanding described in subsection (a)(1) con-
                          sistent with the Senate Procurement Regulations.
                               (c) This section shall apply with respect to fiscal year 2002                                    Applicability.
                          and each succeeding fiscal year.

                                                   HOUSE OF REPRESENTATIVES

                                                        ADMINISTRATIVE PROVISIONS
                               SEC. 903. (a) ACQUISITION OF BUILDINGS AND FACILITIES.—                                          40 USC 175a.
                          Notwithstanding any other provision of law, in order to respond
                          to an emergency situation, the Chief Administrative Officer of the
                          House of Representatives may acquire buildings and facilities for
                          the use of the House of Representatives by lease, purchase, or
                          such other arrangement as the Chief Administrative Officer con-
                          siders appropriate (including a memorandum of understanding with
                          the head of an executive agency, as defined in section 105 of
                          title 5, United States Code, in the case of a building or facility
                          under the control of such Agency), subject to the approval of the
                          House Office Building Commission.
                               (b) AGREEMENTS.—Notwithstanding any other provision of law,
                          for purposes of carrying out subsection (a), the Chief Administrative
                          Officer may carry out such activities and enter into such agreements
                          related to the use of any building or facility acquired pursuant
                          to such subsection as the Chief Administrative Officer considers
                          appropriate, including—
                                     (1) agreements with the United States Capitol Police or
                               any other entity relating to the policing of such building or
                               facility; and
                                     (2) agreements with the Architect of the Capitol or any
                               other entity relating to the care and maintenance of such
                               building or facility.
                               (c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT.—
                                     (1) ARCHITECT OF THE CAPITOL.—Notwithstanding any
                               other provision of law, the Architect of the Capitol may take
                               any action necessary to carry out an agreement entered into
                               with the Chief Administrative Officer pursuant to subsection
                               (b).
                                     (2) CAPITOL POLICE.—Section 9 of the Act of July 31, 1946
                               (40 U.S.C. 212a) is amended—
                                          (A) by striking ‘‘The Capitol Police’’ and inserting ‘‘(a)
                                     The Capitol Police’’; and
                                          (B) by adding at the end the following new subsection:
                               ‘‘(b) For purposes of this section, ‘the United States Capitol
                          Buildings and Grounds’ shall include any building or facility
                          acquired by the Chief Administrative Officer of the House of Rep-
                          resentatives for the use of the House of Representatives for which
                          the Chief Administrative Officer has entered into an agreement
                          with the United States Capitol Police for the policing of the building
                          or facility.’’.




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                          115 STAT. 2318                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      (d) TRANSFER OF CERTAIN FUNDS.—Subject to the approval
                                                 of the Committee on Appropriations of the House of Representatives,
                                                 the Architect of the Capitol may transfer to the Chief Administra-
                                                 tive Officer amounts made available to the Architect for necessary
                                                 expenses for the maintenance, care and operation of the House
                                                 office buildings during a fiscal year in order to cover any portion
                                                 of the costs incurred by the Chief Administrative Officer during
                                                 the year in acquiring a building or facility pursuant to subsection
                                                 (a).
                          Applicability.              (e) EFFECTIVE DATE.—This section and the amendments made
                                                 by this section shall apply with respect to fiscal year 2002 and
                                                 each succeeding fiscal year.
                                                      SEC. 904. (a) Notwithstanding any other provision of law—
                          2 USC 130h.                      (1) subject to subsection (b), the Chief Administrative
                                                      Officer of the House of Representatives and the head of an
                                                      executive agency (as defined in section 105 of title 5, United
                                                      States Code) may enter into a memorandum of understanding
                                                      under which the agency may provide facilities, equipment, sup-
                                                      plies, personnel, and other support services for the use of the
                                                      House of Representatives during an emergency situation; and
                                                           (2) the Chief Administrative 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 Representa-
                                                 tives may not enter into a memorandum of understanding described
                                                 in subsection (a)(1) without the approval of the Speaker of the
                                                 House of Representatives.
                          Applicability.              (c) This section shall apply with respect to fiscal year 2002
                                                 and each succeeding fiscal year.
                          Establishment.              SEC. 905. (a) There is established in the House of Representa-
                          2 USC 130i.            tives an office to be known as the House of Representatives Office
                                                 of Emergency Planning, Preparedness, and Operations. The Office
                                                 shall be responsible for mitigation and preparedness operations,
                                                 crisis management and response, resource services, and recovery
                                                 operations.
                                                      (b) The Speaker, in consultation with the minority leader—
                                                           (1) shall provide policy direction for, and oversight of, the
                                                      Office;
                                                           (2) shall appoint and set the annual rate of pay for
                                                      employees of the Office, including a Director, who shall be
                                                      the head of the Office;
                                                           (3) shall exercise, with respect to any employee of the
                                                      Office, the authority referred to in section 8344(k)(2)(B) of
                                                      title 5, United States Code, and the authority referred to in
                                                      section 8468(h)(2)(B) of title 5, United States Code;
                                                           (4) shall approve procurement of services of experts and
                                                      consultants by the Office or by committees or other entities
                                                      of the House of Representatives for assignment to the Office;
                                                      and
                                                           (5) may request the head of any Federal department or
                                                      agency to detail to the Office, on a reimbursable basis, any
                                                      of the personnel of the department or agency.
                          Establishment.              (c) The day-to-day operations of the Office shall be carried
                                                 out by the Director, under the supervision of a Board, to be known
                                                 as the House of Representatives Continuity of Operations Board,
                                                 comprised of the Clerk, the Sergeant at Arms, and the Chief




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2319

                          Administrative Officer of the House of Representatives. The Clerk
                          shall be the Chairman of the Board.
                               (d) Until otherwise provided by law, funds shall be available
                          for the Office from amounts appropriated for the operations of
                          the House of Representatives.
                               (e) This section shall take effect on the date of the enactment                                  Effective date.
                          of this Act and shall apply to fiscal years beginning with fiscal                                     Applicability.
                          year 2002.
                               SEC. 906. (a) As determined by the Sergeant at Arms of the                                       Anthrax.
                          House of Representatives, any anthrax-contaminated mail delivered                                     Mail.
                          by the United States Postal Service to the House of Representatives
                          shall be destroyed or otherwise disposed of.
                               (b) No action taken under this section may serve as a basis
                          for civil or criminal liability of any individual or entity.
                               (c) As used in this section, the term ‘‘anthrax-contaminated
                          mail’’ means any mail matter that, as determined by the Sergeant
                          at Arms, by reason of the events of October 2001—
                                    (1) is contaminated by anthrax or any other substance
                               the mailing of which is prohibited by section 1716 of title
                               18, United States Code, or any other law of the United States;
                               or
                                    (2) may be so contaminated, but the ascertainment of which
                               is not technically feasible or is otherwise impracticable.
                               (d) This section shall apply with respect to fiscal year 2002                                    Applicability.
                          and each succeeding fiscal year.

                                                    OTHER LEGISLATIVE BRANCH

                                                        ADMINISTRATIVE PROVISIONS
                               SEC. 907. (a) Section 1(c) of 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 Ser-
                          geant at Arms and Doorkeeper of the Senate.’’.
                               (b) The Assistant Chief of the Capitol Police shall receive com-                                 40 USC 206 note.
                          pensation at a rate determined by the Capitol Police Board, but
                          not to exceed $1,000 less than the annual salary for the chief
                          of the United States Capitol Police.
                               (c) This section and the amendment made by this section shall                                    Applicability.
                          apply with respect to pay periods beginning on or after the date                                      40 USC 206–1
                          of the enactment of this Act.                                                                         note.
                               SEC. 908. (a) The Capitol Police Board may, in order to recruit                                  40 USC 207b–1.
                          or retain qualified personnel, establish and maintain a program
                          under which the Capitol Police may agree to repay (by direct
                          payments on behalf of a civilian employee or member of the Capitol
                          Police) all or a portion of any student loan previously taken out
                          by such employee or member.
                               (b) The Capitol Police Board may, by regulation, make
                          applicable such provisions of section 5379 of title 5, United States
                          Code, as the Board determines necessary to provide for such pro-
                          gram.
                               (c) The regulations shall provide that the amount paid by
                          the Capitol Police may not exceed—
                                    (1) $6,000 for any civilian employee or member of the
                               Capitol Police in any calendar year; or




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                          115 STAT. 2320                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                           (2) a total of $40,000 in the case of any employee or
                                                      member.
                                                      (d) The Capitol Police may not reimburse a civilian employee
                                                 or member of the Capitol Police for any repayments made by
                                                 such employee or member prior to the Capitol Police entering into
                                                 an agreement under this section with such employee or member.
                                                      (e) Any amount repaid by, or recovered from, an individual
                                                 under this section and its implementing regulations shall be cred-
                                                 ited to the appropriation account available for salaries and expenses
                                                 of the Capitol Police at the time of repayment or recovery. Such
                                                 credited amount may be used for any authorized purpose of the
                                                 account and shall remain available until expended.
                          Applicability.              (f) This section shall apply to fiscal year 2002 and each fiscal
                                                 year thereafter.
                          40 USC 207b–2.              SEC. 909. (a) RECRUITMENT AND RELOCATION BONUSES.—
                                                           (1) AUTHORIZATION OF PAYMENT.—The Capitol Police Board
                                                      (hereafter in this section referred to as the ‘‘Board’’) may
                                                      authorize the Chief of the United States Capitol Police (here-
                                                      after in this section referred to as the ‘‘Chief’’) to pay a bonus
                                                      to an individual who is newly appointed to a position as an
                                                      officer or employee of the Capitol Police, and to pay an addi-
                                                      tional bonus to an individual who must relocate to accept
                                                      a position as an officer or employee of the Capitol Police,
                                                      if the Board determines that the Capitol Police would be likely,
                                                      in the absence of such a bonus, to encounter difficulty in filling
                                                      the position.
                                                           (2) AMOUNT OF PAYMENT.—The amount of a bonus under
                                                      this subsection shall be determined by regulations of the Board,
                                                      but the amount of any bonus paid to an individual under
                                                      this subsection may not exceed 25 percent of the annual rate
                                                      of basic pay of the position to which the individual is being
                                                      appointed.
                                                           (3) MINIMUM PERIOD OF SERVICE REQUIRED.—Payment of
                                                      a bonus under this subsection shall be contingent upon the
                                                      individual entering into an agreement with the Capitol Police
                                                      to complete a period of employment with the Capitol Police,
                                                      with the required period determined pursuant to regulations
                                                      of the Board. If the individual voluntarily fails to complete
                                                      such period of service or is separated from the service before
                                                      completion of such period of service for cause on charges of
                                                      misconduct or delinquency, the individual shall repay the bonus
                                                      on a pro rata basis.
                                                           (4) BONUS NOT CONSIDERED PART OF BASIC PAY.—A bonus
                                                      under this subsection shall be paid as a lump sum, and may
                                                      not be considered to be part of the basic pay of the officer
                                                      or employee.
                                                           (5) PAYMENT PERMITTED PRIOR TO COMMENCEMENT OF
                                                      DUTY.—Under regulations of the Board, a bonus under this
                                                      subsection may be paid to a newly-hired officer or employee
                                                      before the officer or employee enters on duty.
                                                      (b) RETENTION ALLOWANCES.—
                                                           (1) AUTHORIZATION OF PAYMENT.—The Board may authorize
                                                      the Chief to pay an allowance to an officer or employee of
                                                      the United States Capitol Police if—
                                                                (A) the unusually high or unique qualifications of the
                                                           officer or employee or a special need of the Capitol Police




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2321

                                   for the officer’s or employee’s services makes it essential
                                   to retain the officer or employee; and
                                        (B) the Chief determines that the officer or employee
                                   would be likely to leave in the absence of a retention
                                   allowance.
                                   (2) AMOUNT OF PAYMENT.—A retention allowance, which
                              shall be stated as a percentage of the rate of basic pay of
                              the officer or employee, may not exceed 25 percent of such
                              rate of basic pay.
                                   (3) PAYMENT NOT CONSIDERED PART OF BASIC PAY.—A reten-
                              tion allowance may not be considered to be part of the basic
                              pay of an officer or employee, and the reduction or elimination
                              of a retention allowance may not be appealed. The preceding
                              sentence shall not be construed to extinguish or lessen any
                              right or remedy under any of the laws made applicable to
                              the Capitol Police pursuant to section 102 of the Congressional
                              Accountability Act of 1995 (2 U.S.C. 1302).
                                   (4) TIME AND MANNER OF PAYMENT.—A retention allowance
                              under this subsection shall be paid at the same time and
                              in the same manner as the officer’s or employee’s basic pay
                              is paid.
                              (c) LUMP SUM INCENTIVE AND MERIT BONUS PAYMENTS.—
                                   (1) IN GENERAL.—The Board may pay an incentive or merit
                              bonus to an officer or employee of the United States Capitol
                              Police who meets such criteria for receiving the bonus as the
                              Board may establish.
                                   (2) BONUS NOT CONSIDERED PART OF BASIC PAY.—A bonus
                              under this subsection shall be paid as a lump sum, and may
                              not be considered to be part of the basic pay of the officer
                              or employee.
                              (d) SERVICE STEP INCREASES FOR MERITORIOUS SERVICE FOR
                          OFFICERS.—Upon the approval of the Chief—
                                   (1) an officer of the United States Capitol Police in a
                              service step who has demonstrated meritorious service (in
                              accordance with criteria established by the Chief or the Chief’s
                              designee) may be advanced in compensation to the next higher
                              service step, effective with the first pay period which begins
                              after the date of the Chief’s approval; and
                                   (2) an officer of the United States Capitol Police in a
                              service step who has demonstrated extraordinary performance
                              (in accordance with criteria established by the Chief or the
                              Chief’s designee) may be advanced in compensation to the
                              second next higher service step, effective with the first pay
                              period which begins after the date of the Chief’s approval.
                              (e) ADDITIONAL COMPENSATION FOR FIELD TRAINING OFFI-
                          CERS.—
                                   (1) IN GENERAL.—Each officer of the United States Capitol
                              Police who is assigned to duty as a field training officer shall
                              receive, in addition to the officer’s scheduled rate of compensa-
                              tion, an additional amount determined by the Board (but not
                              to exceed $2,000 per annum).
                                   (2) MANNER OF PAYMENT.—The additional compensation
                              authorized by this subsection shall be paid to the officer in
                              the same manner as the officer is paid basic compensation,
                              except that when the officer ceases to be assigned to duty
                              as a field training officer, the loss of such additional compensa-
                              tion shall not constitute an adverse action for any purpose.




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                          115 STAT. 2322                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      (f) REGULATIONS.—
                                                           (1) IN GENERAL.—The payment of bonuses, allowances, step
                                                      increases, compensation, and other payments pursuant to this
                                                      section shall be carried out in accordance with regulations
                                                      prescribed by the Board.
                                                           (2) APPROVAL.—The regulations prescribed pursuant to this
                                                      subsection shall be subject to the approval of the Committee
                                                      on Rules and Administration of the Senate, the Committee
                                                      on House Administration of the House of Representatives, and
                                                      the Committees on Appropriations of the Senate and the House
                                                      of Representatives.
                          Applicability.              (g) EFFECTIVE DATE.—This section shall apply with respect
                                                 to fiscal year 2002 and each succeeding fiscal year.
                          40 USC 206d–1.              SEC. 910. In addition to the authority provided under section
                                                 121 of the Legislative Branch Appropriations Act, 2002, at any
                                                 time on or after the date of the enactment of this Act, the Capitol
                                                 Police Board may accept contributions of comfort and other inci-
                                                 dental items and services to support officers and employees of
                                                 the United States Capitol Police while such officers and employees
                                                 are on duty in response to emergencies involving the safety of
                                                 human life or the protection of property.
                          40 USC 212c.                SEC. 911. ASSISTANCE BY EXECUTIVE DEPARTMENTS AND AGEN-
                                                 CIES TO THE CAPITOL POLICE. (a) ASSISTANCE.—
                                                           (1) IN GENERAL.—Executive departments and Executive
                                                      agencies may assist the United States Capitol Police in the
                                                      performance of its duties by providing services (including per-
                                                      sonnel), equipment, and facilities on a temporary and reimburs-
                                                      able basis when requested by the Capitol Police Board and
                                                      on a permanent and reimbursable basis upon advance written
                                                      request of the Capitol Police Board; except that the Department
                                                      of Defense and the Coast Guard may provide such assistance
                                                      on a temporary basis without reimbursement when assisting
                                                      the United States Capitol Police in its duties directly related
                                                      to protection under the Act of July 31, 1946 (40 U.S.C. 212a–
                                                      2). Before making a request under this paragraph, the Capitol
                                                      Police Board shall consult with appropriate Members of the
                                                      Senate and House of Representatives in leadership positions,
                                                      except in an emergency.
                                                           (2) PROCUREMENT.—No services (including personnel),
                                                      equipment, or facilities may be ordered, purchased, leased,
                                                      or otherwise procured for the purposes of carrying out the
                                                      duties of the United States Capitol Police by persons other
                                                      than officers or employees of the Federal Government duly
                                                      authorized by the Chairman of the Capitol Police Board to
                                                      make such orders, purchases, leases, or procurements.
                                                           (3) EXPENDITURES OR OBLIGATION OF FUNDS.—No funds
                                                      may be expended or obligated for the purpose of carrying out
                                                      this section other than funds specifically appropriated to the
                                                      Capitol Police Board or the United States Capitol Police for
                                                      those purposes with the exception of—
                                                                (A) expenditures made by the Department of Defense
                                                           or the Coast Guard from funds appropriated to the Depart-
                                                           ment of Defense or the Coast Guard in providing assistance
                                                           on a temporary basis to the United States Capitol Police
                                                           in the performance of its duties directly related to protec-
                                                           tion under the Act of July 31, 1946 (40 U.S.C. 212a–
                                                           2); and




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2323

                                         (B) expenditures made by Executive departments and
                                    agencies, in providing assistance at the request of the
                                    United States Capitol Police in the performance of its
                                    duties, and which will be reimbursed by the United States
                                    Capitol Police under this section.
                                    (4) PROVISION OF ASSISTANCE.—Assistance under this sec-
                               tion shall be provided—
                                         (A) consistent with the authority of the Capitol Police
                                    under sections 9 and 9A of the Act of July 31, 1946 (40
                                    U.S.C. 212a and 212a–2);
                                         (B) upon the advance written request of—
                                               (i) the Capitol Police Board; or
                                               (ii) in an emergency—
                                                     (I) the Sergeant at Arms and Doorkeeper of
                                               the Senate in any matter relating to the Senate;
                                               or
                                                     (II) the Sergeant at Arms of the House of
                                               Representatives in any matter relating to the
                                               House of Representatives; and
                                         (C)(i) on a temporary and reimbursable basis;
                                         (ii) on a permanent reimbursable basis upon advance
                                    written request of the Capitol Police Board; or
                                         (iii) on a temporary basis without reimbursement by
                                    the Department of Defense and the Coast Guard as
                                    described under paragraph (1).
                               (b) REPORTS.—
                                    (1) SUBMISSION.—With respect to any fiscal year in which                                    Deadline.
                               an executive department or executive agency provides assist-
                               ance under this section, the head of that department or agency
                               shall submit a report not later than 90 days after the end
                               of the fiscal year to the Chairman of the Capitol Police Board.
                                    (2) CONTENT.—The report submitted under paragraph (1)
                               shall contain a detailed account of all expenditures made by
                               the Executive department or executive agency in providing
                               assistance under this section during the applicable fiscal year.
                                    (3) SUMMARY.—After receipt of all reports under paragraph
                               (2) with respect to any fiscal year, the Chairman of the Capitol
                               Police Board shall submit a summary of such reports to the
                               Committees on Appropriations of the Senate and the House
                               of Representatives.
                               (c) EFFECTIVE DATE.—This section shall take effect on the date                                   Applicability.
                          of enactment of this Act and apply to each fiscal year occurring
                          after such date.
                               SEC. 912. (a)(1) In the event of an emergency, as determined
                          by the Capitol Police Board, or of a joint session of Congress,
                          the Chief of the Capitol Police may enter into agreements—
                                    (A) with the District of Columbia to deputize members
                               of the District of Columbia National Guard, who are qualified
                               for law enforcement functions, for duty with the Captiol Police
                               for the purpose of policing the Capitol grounds; and
                                    (B) with any appropriate governmental law enforcement
                               authority to deputize law enforcement officers for duty with
                               the Capitol Police for the purpose of policing the Capitol
                               grounds.
                               (2) Any agreement under paragraph (1) shall be subject to
                          initial approval by the Capitol Police Board and to final approval
                          by the Speaker of the House of Representatives (in consultation




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                          115 STAT. 2324                             PUBLIC LAW 107–117—JAN. 10, 2002

                                                  with the Minority Leader of the House of Representatives) and
                                                  the President pro tempore of the Senate (in consultation with the
                                                  Minority Leader of the Senate), acting jointly.
                                                       (b) Subject to approval by the Speaker of the House of Rep-
                                                  resentatives (in consultation with the Minority Leader of the House
                                                  of Representatives) and the President pro tempore of the Senate
                                                  (in consultation with the Minority Leader of the Senate), acting
                                                  jointly, the Capitol Police Board shall prescribe regulations to carry
                                                  out this section.
                          Expiration date.             (c) This section shall expire on September 30, 2002.
                          40 USC 188a–2                SEC. 913. (a) Notwithstanding any other provision of law, the
                          note.                   United States Capitol Preservation Commission established under
                                                  section 801 of the Arizona-Idaho Conservation Act of 1988 (40
                                                  U.S.C. 188a) may transfer to the Architect of the Capitol amounts
                                                  in the Capitol Preservation Fund established under section 803
                                                  of such Act (40 U.S.C. 188a–2) if the amounts are to be used
                                                  by the Architect for the planning, engineering, design, or construc-
                                                  tion of the Capitol Visitor Center.
                                                       (b) Any amounts transferred pursuant to subsection (a) shall
                                                  remain available for the use of the Architect of the Capitol until
                                                  expended.
                          Applicability.               (c) This section shall apply with respect to fiscal year 2002
                                                  and each succeeding fiscal year.
                                                       SEC. 914. (a) In accordance with the authority described in
                                                  section 308(a) of the Legislative Branch Appropriations Act, 1988
                                                  (40 U.S.C. 166b–3a(a)), section 108 of the Legislative Branch Appro-
                                                  priations Act, 1991 (40 U.S.C. 166b–3b), as amended by section
                          Ante, p. 580.           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.’’.
                          Applicability.               (b) The amendment made by subsection (a) shall apply with
                          40 USC 166b–3b          respect to pay periods beginning on or after October 1, 2001.
                          note.                        SEC. 915. (a) Public Law 107–68 is amended by adding at
                          Short title.
                          Ante, p. 560.           the end the following:
                                                       ‘‘This Act may be cited as the ‘Legislative Branch Appropria-
                                                  tions Act, 2002’.’’.
                          Effective date.              (b) The amendment made by subsection (a) shall take effect
                                                  as if included in the enactment of Public Law 107–68.
                          2 USC 60c–5.                 SEC. 916. Section 102 of the Legislative Branch Appropriations
                                                  Act, 2002 (Public Law 107–68) is amended—
                                                             (1) in subsection (a), by striking paragraph (1) and redesig-
                                                       nating paragraphs (2) through (6) as paragraphs (1) through
                                                       (5), respectively;
                                                             (2) in subsection (g)(1)—
                                                                  (A) in subparagraph (A), by striking ‘‘subsection
                                                             (i)(1)(A)’’ and inserting ‘‘subsection (h)(1)(A)’’; and
                                                                  (B) in subparagraph (B), by striking ‘‘subsection
                                                             (i)(1)(B)’’ and inserting ‘‘subsection (h)(1)(B)’’.
                                                       SEC. 917. (a) Section 209 of the Legislative Branch Appropria-
                          36 USC note             tions Act, 2002 (Public Law 107–68) is amended in the matter
                          prec. 101.              amending Public Law 106–173 by striking the quotation marks
                                                  and period at the end of the new subsection (g) and inserting




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2325

                          the following: ‘‘Any reimbursement under this subsection shall be
                          credited to the appropriation, fund, or account used for paying
                          the amounts reimbursed.
                               ‘‘(h) EMPLOYMENT BENEFITS.—
                                     ‘‘(1) IN GENERAL.—The Commission shall fix employment
                               benefits for the Director and for additional personnel appointed
                               under section 6(a), in accordance with paragraphs (2) and (3).
                                     ‘‘(2) EMPLOYMENT BENEFITS FOR THE DIRECTOR.—
                                           ‘‘(A) IN GENERAL.—The Commission shall determine
                                     whether or not to treat the Director as a Federal employee
                                     for purposes of employment benefits. If the Commission
                                     determines that the Director is to be treated as a Federal
                                     employee, then he or she is deemed to be an employee
                                     as that term is defined by section 2105 of title 5, United
                                     States Code, for purposes of chapters 63, 83, 84, 87, 89,
                                     and 90 of that title, and is deemed to be an employee
                                     for purposes of chapter 81 of that title. If the Commission
                                     determines that the Director is not to be treated as a
                                     Federal employee for purposes of employment benefits, then
                                     the Commission or its administrative support service pro-
                                     vider shall establish appropriate alternative employment
                                     benefits for the Director. The Commission’s determination                                  Notification.
                                     shall be irrevocable with respect to each individual
                                     appointed as Director, and the Commission shall notify
                                     the Office of Personnel Management and the Department
                                     of Labor of its determination. Notwithstanding the
                                     Commission’s determination, the Director’s service is
                                     deemed to be Federal service for purposes of section 8501
                                     of title 5, United States Code.
                                           ‘‘(B) DETAILEE SERVING AS DIRECTOR.—Subparagraph
                                     (A) shall not apply to a detailee who is serving as Director.
                                     ‘‘(3) EMPLOYMENT BENEFITS FOR ADDITIONAL PERSONNEL.—
                               A person appointed to the Commission staff under subsection
                               (b)(2) is deemed to be an employee as that term is defined
                               by section 2105 of title 5, United States Code, for purposes
                               of chapters 63, 83, 84, 87, 89, and 90 of that title, and is
                               deemed to be an employee for purposes of chapter 81 of that
                               title.’’.
                               (b) The amendments made by this section shall take effect                                        Effective date.
                          as if included in the enactment of the Legislative Branch Appropria-                                  36 USC note
                          tions Act, 2002 (Public Law 107–68).                                                                  prec. 101.
                               SEC. 918. (a) Section 133(a) of the Legislative Branch Appro-
                          priations Act, 2002 (Public Law 107–68) is amended—                                                   Ante, p. 581.
                                     (1) by striking ‘‘90-day’’ in paragraph (1) and inserting
                               ‘‘180-day’’; and
                                     (2) by striking ‘‘90 days’’ in paragraph (2)(C) and inserting
                               ‘‘180 days’’.
                               (b) The amendments made by subsection (a) shall take effect                                      Effective date.
                          as if included in the enactment of the Legislative Branch Appropria-
                          tions Act, 2002 (Public Law 107–68).




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                          115 STAT. 2326                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                                           CHAPTER 10
                                                                               DEPARTMENT OF DEFENSE
                                                                               MILITARY CONSTRUCTION
                                                                           MILITARY CONSTRUCTION, ARMY
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Military Construction,
                                                 Army’’, $20,700,000, to remain available until expended: Provided,
                                                 That these funds shall be obligated from amounts made available
                                                 in Public Law 107–38.
                                                                               MILITARY CONSTRUCTION, NAVY
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Military Construction,
                                                 Navy’’, $2,000,000, to remain available until expended: Provided,
                                                 That these funds shall be obligated from amounts made available
                                                 in Public Law 107–38.
                                                                        MILITARY CONSTRUCTION, AIR FORCE
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Military Construction,
                                                 Air Force’’, $46,700,000, to remain available until expended: Pro-
                                                 vided, That these funds shall be obligated from amounts made
                                                 available in Public Law 107–38.
                                                                     MILITARY CONSTRUCTION, DEFENSE-WIDE
                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Military Construction,
                                                 Defense-wide’’, $35,000,000 to remain available until expended, to
                                                 be obligated from amounts made available in Public Law 107–
                                                 38: Provided, That such amount shall be available for transfer
                                                 to ‘‘Military Construction, Army’’.
                                                                   GENERAL PROVISIONS, THIS CHAPTER
                                                      SEC. 1001. (a) AVAILABILITY OF AMOUNTS FOR MILITARY
                                                 CONSTRUCTION RELATING TO TERRORISM.—Amounts made available
                                                 to the Department of Defense from funds appropriated in Public
                                                 Law 107–38 and this Act may be used to carry out military construc-
                                                 tion projects, not otherwise authorized by law, that the Secretary
                                                 of Defense determines are necessary to respond to or protect against
                                                 acts or threatened acts of terrorism.
                          Deadline.                   (b) NOTICE TO CONGRESS.—Not later than 15 days before obli-
                                                 gating amounts available under subsection (a) for military construc-
                                                 tion projects referred to in that subsection the Secretary shall
                                                 notify the appropriate committees of Congress of the following:
                                                           (1) The determination to use such amounts for the project.
                                                           (2) The estimated cost of the project and the accompanying
                                                      Form 1391.
                                                      (c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
                                                 section the term ‘‘appropriate committees of Congress’’ has the




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2327

                          meaning given that term in section 2801 (4) of title 10, United
                          States Code.
                              SEC. 1002. Section 138 of Public Law 106–246 is amended                                           114 Stat. 524.
                          by striking ‘‘$77,500,000’’ and inserting in lieu ‘‘$102,000,000 for
                          project completion’’.
                              SEC. 1003. Section 2202(a) of the National Defense Authoriza-
                          tion Act for Fiscal Year 2002 is amended in the ‘‘Navy: Family                                        Ante, p. 1288.
                          Housing’’ table, by striking ‘‘Naval Construction Battalion Center,
                          Gulfport’’ and inserting ‘‘Naval Station, Pascagoula’’.

                                                                   CHAPTER 11

                                              DEPARTMENT OF TRANSPORTATION

                                                          OFFICE OF THE SECRETARY

                                            TRANSPORTATION SECURITY ADMINISTRATION
                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for the ‘‘Transportation Secu-
                          rity Administration’’, $94,800,000, to remain available until Sep-
                          tember 30, 2003, to be obligated from amounts made available
                          in Public Law 107–38: Provided, That $93,300,000 shall be for
                          the Under Secretary of Transportation for Security to award
                          competitive grants to critical national seaports to finance the costs
                          of enhancing facility and operational security: Provided further,
                          That such grants shall be awarded based on the need for security
                          assessments and enhancements as determined by the Under Sec-
                          retary of Transportation for Security, the Administrator of the
                          Maritime Administration, and the Commandant of the U.S. Coast
                          Guard: Provided further, That such grants shall not supplant
                          funding already provided either by the ports or by any Federal
                          entity: Provided further, That no more than $1,000,000 of the grant
                          funds available under this heading shall be used for administration.

                                                         PAYMENTS TO AIR CARRIERS

                                                   (AIRPORT AND AIRWAY TRUST FUND)
                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, in addition to funds made
                          available from any other source to carry out the essential air
                          service program under 49 U.S.C. 41731 through 41742, to be derived
                          from the Airport and Airway Trust Fund, $50,000,000, to remain
                          available until expended, to be obligated from amounts made avail-
                          able in Public Law 107–38.

                                                                   COAST GUARD

                                                             OPERATING EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Operating Expenses’’,
                          $209,150,000, to remain available until September 30, 2003, to
                          be obligated from amounts made available in Public Law 107–
                          38.




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                          115 STAT. 2328                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                         FEDERAL AVIATION ADMINISTRATION
                                                                                           OPERATIONS

                                                                          (AIRPORT AND AIRWAY TRUST FUND)
                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Operations’’,
                                                 $200,000,000, to be derived from the Airport and Airway Trust
                                                 Fund and to remain available until September 30, 2003, to be
                                                 obligated from amounts made available in Public Law 107–38.
                                                                                FACILITIES AND EQUIPMENT

                                                                          (AIRPORT AND AIRWAY TRUST FUND)
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Facilities and Equip-
                                                 ment’’, $108,500,000, to be derived from the Airport and Airway
                                                 Trust Fund, to remain available until September 30, 2004, and
                                                 to be obligated from amounts made available in Public Law 107–
                                                 38.
                                                                   RESEARCH, ENGINEERING, AND DEVELOPMENT

                                                                          (AIRPORT AND AIRWAY TRUST FUND)
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Research, Engineering,
                                                 and Development’’, $50,000,000, to be derived from the Airport
                                                 and Airway Trust Fund, to remain available until September 30,
                                                 2003, and to be obligated from amounts made available in Public
                                                 Law 107–38.
                                                                               GRANTS-IN-AID FOR AIRPORTS

                                                                          (AIRPORT AND AIRWAY TRUST FUND)
                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, notwithstanding any other
                                                 provision of law, for ‘‘Grants-in-aid for airports’’, to enable the
                                                 Federal Aviation Administrator to compensate airports for a portion
                                                 of the direct costs associated with new, additional or revised security
                                                 requirements imposed on airport operators by the Administrator
                                                 on or after September 11, 2001, $175,000,000, to be derived from
                                                 the Airport and Airway Trust Fund, to remain available until
                                                 expended, and to be obligated from amounts made available in
                                                 Public Law 107–38.
                                                                         FEDERAL HIGHWAY ADMINISTRATION
                                                                           MISCELLANEOUS APPROPRIATIONS

                                                                                  (HIGHWAY TRUST FUND)
                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Miscellaneous Appropria-
                                                 tions’’, including the operation and construction of ferries and ferry
                                                 facilities, $100,000,000, to be derived from the Highway Trust Fund,
                                                 to remain available until expended, and to be obligated from
                                                 amounts made available in Public Law 107–38.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2329

                                                            FEDERAL-AID HIGHWAYS

                                                        EMERGENCY RELIEF PROGRAM

                                                            (HIGHWAY TRUST FUND)
                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for the ‘‘Emergency Relief
                          Program’’, as authorized by section 125 of title 23, United States
                          Code, $75,000,000, to be derived from the Highway Trust Fund
                          and to remain available until expended, to be obligated from
                          amounts made available in Public Law 107–38.

                                                  FEDERAL RAILROAD ADMINISTRATION

                                                           SAFETY AND OPERATIONS

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Safety and Operations’’,
                          $6,000,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                   CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER
                                                      CORPORATION

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for necessary expenses of
                          capital improvements of the National Railroad Passenger Corpora-
                          tion as authorized by 49 U.S.C. 24104(a), $100,000,000, to remain
                          available until expended, and to be obligated from amounts made
                          available in Public Law 107–38.

                                                   FEDERAL TRANSIT ADMINISTRATION

                                                                   FORMULA GRANTS

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Formula Grants’’,
                          $23,500,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                        CAPITAL INVESTMENT GRANTS

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Capital Investment
                          Grants’’, $100,000,000, to remain available until expended, and
                          to be obligated from amounts made available in Public Law 107–
                          38: Provided, That in administering funds made available under
                          this paragraph, the Federal Transit Administrator shall direct funds
                          to those transit agencies most severely impacted by the terrorist
                          attacks of September 11, 2001, excluding any transit agency
                          receiving a Federal payment elsewhere in this Act: Provided further,
                          That the provisions of 49 U.S.C. 5309(h) shall not apply to funds
                          made available under this paragraph.




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                          115 STAT. 2330                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                             RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION
                                                                          RESEARCH AND SPECIAL PROGRAMS

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Research and Special
                                                 Programs,’’ $2,500,000, to remain available until expended, to be
                                                 obligated from amounts made available in Public Law 107–38.
                                                                               OFFICE OF INSPECTOR GENERAL
                                                                                   SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States and for other safety and
                                                 security related audit and monitoring responsibilities, for ‘‘Salaries
                                                 and Expenses’’, $1,300,000, to remain available until September
                                                 30, 2003, to be obligated from amounts made available in Public
                                                 Law 107–38.
                                                                                     RELATED AGENCY
                                                                    NATIONAL TRANSPORTATION SAFETY BOARD
                                                                                   SALARIES AND EXPENSES

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses,’’
                                                 $650,000, to remain available until September 30, 2003, to be
                                                 obligated from amounts made available in Public Law 107–38.
                                                                   GENERAL PROVISIONS, THIS CHAPTER
                                                      SEC. 1101. Section 5117(b)(3) of the Transportation Equity Act
                                                 for the 21st Century (Public Law 105–178; 112 Stat. 449; 23 U.S.C.
                                                 502 note) is amended—
                                                          (1) by redesignating subparagraphs (C), (D), and (E) as
                                                      subparagraphs (D), (F), and (G), respectively;
                                                          (2) by inserting after subparagraph (B) the following new
                                                      subparagraph (C):
                                                               ‘‘(C) FOLLOW-ON DEPLOYMENT.—(i) After an intelligent
                                                          transportation infrastructure system deployed in an initial
                                                          deployment area pursuant to a contract entered into under
                                                          the program under this paragraph has received system
                                                          acceptance, the Department of Transportation has the
                                                          authority to extend the original contract that was competi-
                                                          tively awarded for the deployment of the system in the
                                                          follow-on deployment areas under the contract, using the
                                                          same asset ownership, maintenance, fixed price contract,
                                                          and revenue sharing model, and the same competitively
                                                          selected consortium leader, as were used for the deployment
                                                          in that initial deployment area under the program.
                                                               ‘‘(ii) If any one of the follow-on deployment areas does
                                                          not commit, by July 1, 2002, to participate in the deploy-
                                                          ment of the system under the contract, then, upon applica-
                                                          tion by any of the other follow-on deployment areas that
                                                          have committed by that date to participate in the deploy-
                                                          ment of the system, the Secretary shall supplement the
                                                          funds made available for any of the follow-on deployment




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2331

                                     areas submitting the applications by using for that purpose
                                     the funds not used for deployment of the system in the
                                     nonparticipating area. Costs paid out of funds provided
                                     in such a supplementation shall not be counted for the
                                     purpose of the limitation on maximum cost set forth in
                                     subparagraph (B).’’;
                                     (3) by inserting after subparagraph (D), as redesignated
                               by paragraph (1), the following new subparagraph (E):
                                         ‘‘(E) DEFINITIONS.—In this paragraph:
                                               ‘‘(i) The term ‘initial deployment area’ means a
                                         metropolitan area referred to in the second sentence
                                         of subparagraph (A).
                                               ‘‘(ii) The term ‘follow-on deployment areas’ means
                                         the metropolitan areas of Baltimore, Birmingham,
                                         Boston, Chicago, Cleveland, Dallas/Ft. Worth, Denver,
                                         Detroit, Houston, Indianapolis, Las Vegas, Los Angeles,
                                         Miami, New York/Northern New Jersey, Northern Ken-
                                         tucky/Cincinnati, Oklahoma City, Orlando, Philadel-
                                         phia, Phoenix, Pittsburgh, Portland, Providence, Salt
                                         Lake, San Diego, San Francisco, St. Louis, Seattle,
                                         Tampa, and Washington, District of Columbia.’’; and
                                     (4) in subparagraph (D), as redesignated by paragraph
                               (1), by striking ‘‘subparagraph (D)’’ and inserting ‘‘subparagraph
                               (F)’’.
                               SEC. 1102. No appropriated funds or revenues generated by
                          the National Railroad Passenger Corporation may be used to imple-
                          ment section 204(c)(2) of Public Law 105–134 until the Congress
                          has enacted an Amtrak reauthorization Act.
                               SEC. 1103. (a) Notwithstanding any other provision of law,
                          of the funds authorized under section 110 of title 23, United States
                          Code, for fiscal year 2002, no funds shall be available for the
                          program authorized under section 1101(a)(11) of Public Law 105–
                          178 and $29,542,304 shall be set aside for the project as authorized
                          under title IV of the National Highway System Designation Act
                          of 1995, as amended: Provided, That, if funds authorized under
                          these provisions have been distributed then the amount so specified
                          shall be recalled proportionally from those funds distributed to
                          the States under section 110(b)(4)(A) and (B) of title 23, United
                          States Code.
                               (b) Notwithstanding any other provision of law, for fiscal year
                          2002, funds available for environmental streamlining activities
                          under section 104(a)(1)(A) of title 23, United States Code, may
                          include making grants to, or entering into contracts, cooperative
                          agreements, and other transactions, with a Federal agency, State
                          agency, local agency, authority, association, nonprofit or for-profit
                          corporation, or institution of higher education.
                               (c) Notwithstanding any other provision of law, of the funds
                          authorized under section 110 of title 23, United States Code, for
                          fiscal year 2002, and made available for the National motor carrier
                          safety program, $5,896,000 shall be for State commercial driver’s
                          license program improvements.
                               (d) Notwithstanding any other provision of law, of the funds
                          authorized under section 110 of title 23, United States Code, for
                          fiscal year 2002, and made available for border infrastructure
                          improvements, up to $2,300,000 shall be made available to carry
                          out section 1119(d) of the Transportation Equity Act for the 21st
                          Century, as amended.




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                          115 STAT. 2332                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      SEC. 1104. Notwithstanding any other provision of law, of the
                                                 amounts appropriated in fiscal year 2002 for the Research and
                                                 Special Programs Administration, $3,170,000 of funds provided for
                                                 research and special programs shall remain available until Sep-
                                                 tember 30, 2004, and $22,786,000 of funds provided for the pipeline
                                                 safety program derived from the pipeline safety fund shall remain
                                                 available until September 30, 2004.
                                                      SEC. 1105. Item 1497 in the table contained in section 1602
                                                 of the Transportation Equity Act for the 21st Century (112 Stat.
                                                 312), relating to Alaska, is amended by inserting ‘‘and construct
                                                 capital improvements to intermodal marine freight and passenger
                                                 facilities and access thereto’’ before ‘‘in Anchorage’’.
                                                      SEC. 1106. The Department of Transportation and Related
                          Ante, p. 860.          Agencies Appropriations Act, 2002 is amended in section 330 by
                                                 striking ‘‘$144,000,000’’ and inserting ‘‘$148,300,000’’ and in section
                                                 349 by striking ‘‘$5,000,000’’ and inserting ‘‘$9,300,000’’ and by
                                                 striking ‘‘$120,323,000’’ and inserting ‘‘$116,023,000’’.
                                                      SEC. 1107. Notwithstanding any other provision of law, none
                                                 of the funds in the Department of Transportation and Related
                                                 Agencies Appropriations Act, 2002 shall be available for salaries
                                                 and expenses of more than 102 political and Presidential appointees
                                                 in the Department of Transportation: Provided, That none of the
                                                 funds in this Act, or any other Appropriations Act for fiscal year
                                                 2002, shall be available for the position of Under Secretary of
                                                 Transportation for Policy or the position of Assistant Secretary
                                                 for Public Affairs.
                                                      SEC. 1108. Section 1511(b) of the Transportation Equity Act
                          23 USC 181 note.       for the 21st Century (Public Law 105–178), as amended, is amended
                                                 by striking ‘‘Rhode Island’’ and inserting in lieu thereof ‘‘Rhode
                                                 Island, and Texas’’ and by inserting before the period in subsection
                                                 (b)(1)(A) ‘‘, provided that Texas may not compete for funds pre-
                                                 viously allocated or appropriated to any other State’’.

                                                                                          CHAPTER 12

                                                                       DEPARTMENT OF THE TREASURY

                                                                                  DEPARTMENTAL OFFICES

                                                          TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION

                                                                                  SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $2,032,000, to remain available until expended, to be obligated
                                                 from amounts made available by Public Law 107–38.

                                                                   FINANCIAL CRIMES ENFORCEMENT NETWORK

                                                                                  SALARIES AND EXPENSES

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $1,700,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2333

                                           FEDERAL LAW ENFORCEMENT TRAINING CENTER
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $23,000,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.
                                 ACQUISITION, CONSTRUCTION, IMPROVEMENTS AND RELATED
                                                       EXPENSES

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Acquisition, Construc-
                          tion, Improvements, and Related Expenses’’, $8,500,000, to remain
                          available until expended, to be obligated from amounts made avail-
                          able in Public Law 107–38: Provided, That, in order to expedite
                          the acquisition of architectural and engineering services for the
                          construction of facilities at the Cheltenham, Maryland, training
                          facility, the Federal Law Enforcement Training Center may procure
                          such services without regard to: (1) the competition requirements
                          of section 303 of the Federal Property and Administrative Services
                          Act of 1949 (41 U.S.C. 253); (2) the 6 percent fee limitation on
                          such services set forth in section 304(b) of such Act (41 U.S.C.
                          254(b)); and (3) the procurement notice requirements of section
                          18 of the Office of Federal Procurement Policy Act (41 U.S.C.
                          416).
                                           BUREAU OF ALCOHOL, TOBACCO AND FIREARMS
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $31,431,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38, of which
                          $5,200,000 may be used for necessary expenses of site acquisition,
                          construction, operations, maintenance and repair of the special
                          purpose canine training facilities in Front Royal, Virginia.
                                                    UNITED STATES CUSTOMS SERVICE
                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          to meet requirements, including technology, along the Northern
                          Border, Southwest Border, and at critical seaports, $392,603,000,
                          to remain available until expended, to be obligated from amounts
                          made available in Public Law 107–38: Provided, That of such
                          amount, $245,503,000 shall not be available for obligation until
                          15 days after the United States Customs Service submits to the
                          Committees on Appropriations and the Secretary of the Treasury
                          a financial plan based upon a comprehensive assessment of the
                          most effective uses of the Service’s resources, including the funds
                          provided in this Act, for protection along the Northern Border,
                          Southwest Border, and at critical seaports: Provided further, That                                    Notification.
                          the Secretary of the Treasury is directed to review the activities
                          proposed to be carried out with the funds subject to the previous




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                          115 STAT. 2334                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                 proviso and notify the Committees on Appropriations of the findings
                                                 of his review within 15 days of receipt of such plan.
                                                        OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE
                                                                         INTERDICTION PROGRAMS

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Operation, Maintenance
                                                 and Procurement, Air and Marine Interdiction Programs’’,
                                                 $6,700,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.
                                                                               INTERNAL REVENUE SERVICE
                                                                   PROCESSING, ASSISTANCE, AND MANAGEMENT

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Processing, Assistance,
                                                 and Management’’, $12,990,000, to remain available until expended,
                                                 to be obligated from amounts made available by Public Law 107–
                                                 38.
                                                                                  TAX LAW ENFORCEMENT

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Tax Law Enforcement’’,
                                                 $4,544,000, to remain available until expended, to be obligated
                                                 from amounts made available by Public Law 107–38.
                                                                                   INFORMATION SYSTEMS

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Information Systems’’,
                                                 $15,991,000, to remain available until expended, to be obligated
                                                 from amounts made available by Public Law 107–38: Provided,
                                                 That of these amounts $13,548,000 is for a backup computer
                                                 recovery system to be designed and constructed in close coordination
                                                 with the business systems modernization effort of the Internal
                                                 Revenue Service.
                                                                           UNITED STATES SECRET SERVICE
                                                                                  SALARIES 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.
                                                                                     POSTAL SERVICE
                                                                      PAYMENT TO THE POSTAL SERVICE FUND
                                                     For emergency expenses to the Postal Service Fund to enable
                                                 the Postal Service to protect postal employees and postal customers
                                                 from exposure to biohazardous material, to sanitize and screen
                                                 the mail, and to replace or repair Postal Service facilities destroyed
                                                 or damaged in New York City as a result of the September 11,
                                                 2001, terrorist attacks, $500,000,000, to remain available until
                                                 expended, to be obligated from amounts made available in Public




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2335

                          Law 107–38: Provided, That of the amounts appropriated, no funds
                          shall be obligated for the purpose of sanitizing and screening the
                          mail until the Postal Service submits to the Committees on Appro-
                          priations, the House Committee on Government Reform, and the
                          Senate Committee on Governmental Affairs an emergency prepared-
                          ness plan to combat the threat of biological and chemical substances
                          in the mail, including a plan for expenditure of funds in support
                          of the emergency preparedness plan.

                                           EXECUTIVE OFFICE OF THE PRESIDENT

                                                         OFFICE OF ADMINISTRATION

                                                           SALARIES AND EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                          $50,040,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                        INDEPENDENT AGENCIES

                                                  GENERAL SERVICES ADMINISTRATION

                                                          REAL PROPERTY ACTIVITIES

                                                          FEDERAL BUILDINGS FUND

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Federal Buildings Fund’’,
                          $126,512,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                      NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

                                                             OPERATING EXPENSES

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Operating Expenses’’,
                          $1,600,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                                          REPAIRS AND RESTORATION

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Repairs and Restora-
                          tion’’, $1,000,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.

                                             GENERAL PROVISION, THIS CHAPTER
                              SEC. 1201. Section 652(c)(1) of Public Law 107–67 is amended                                      39 USC 416 and
                          by striking ‘‘Section 414(c)’’ and inserting ‘‘Section 416(c)’’.                                      note.




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                          115 STAT. 2336                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                                          CHAPTER 13
                                                                    DEPARTMENT OF VETERANS AFFAIRS
                                                                           DEPARTMENTAL ADMINISTRATION
                                                                               GENERAL OPERATING EXPENSES

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States for ‘‘General operating
                                                 expenses’’, $2,000,000, to remain available until expended, to be
                                                 obligated from amounts made available in Public Law 107–38.
                                                    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                                                    COMMUNITY PLANNING AND DEVELOPMENT
                                                                           COMMUNITY DEVELOPMENT FUND

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Community Development
                                                 Fund’’, $2,000,000,000, to remain available until expended, to be
                                                 obligated from amounts made available in Public Law 107–38:
                                                 Provided, That such funds shall be subject to the first through
                                                 sixth provisos in section 434 of Public Law 107–73: Provided further,
                          New York.              That the State of New York, in conjunction with the City of New
                          Deadline.              York, shall, through the Lower Manhattan Redevelopment Corpora-
                                                 tion (‘‘the corporation’’): (1) distribute the funds provided for the
                                                 ‘‘Community Development Fund’’; (2) within 45 days of enactment
                                                 of this Act, issue the initial criteria and requirements necessary
                                                 to accept applications from individuals, nonprofits, and small
                                                 businesses for economic losses from the September 11, 2001, ter-
                                                 rorist attacks; and (3) begin processing such applications: Provided
                                                 further, That the corporation shall expeditiously respond to any
                                                 application from an individual, nonprofit, or small business for
                                                 economic losses under this heading: Provided further, That of the
                                                 total amount made available for the ‘‘Community Development
                                                 Fund’’, including amounts previously made available by transfer
                                                 pursuant to the fifth proviso of Public Law 107–38, no less than
                                                 $500,000,000 shall be made available for individuals, nonprofits,
                                                 or small businesses described in the prior three provisos, with
                                                 a limit of $500,000 per small business for economic losses: Provided
                                                 further, That amounts made available in the previous proviso shall
                                                 only be available for individuals, nonprofits, or small businesses
                                                 located in New York City in the area located on or south of West
                                                 14th Street (west of its intersection with 5th Avenue), or on or
                                                 south of East 14th Street (east of its intersection with 5th Street):
                                                 Provided further, That, of the amount provided in this paragraph,
                                                 $10,000,000 shall be used for a program to aid the travel and
                                                 tourism industry in New York City.
                                                                         MANAGEMENT AND ADMINISTRATION
                                                                               OFFICE OF INSPECTOR GENERAL

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Office of Inspector Gen-
                                                 eral’’, $1,000,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2337

                                                        INDEPENDENT AGENCIES

                                  DEPARTMENT OF HEALTH AND HUMAN SERVICES

                                                    NATIONAL INSTITUTES OF HEALTH
                                 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States for ‘‘National Institute of
                          Environmental Health Sciences’’ for carrying out under current
                          authorities, worker training, research, and education activities,
                          $10,500,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.
                               Public Law 107–73 is amended under this heading by adding                                        Ante, p. 682.
                          ‘‘and section 126(g) of the Superfund Amendments and Reauthoriza-
                          tion Act of 1986,’’ after the words, ‘‘as amended,’’.

                                                 ENVIRONMENTAL PROTECTION AGENCY
                                                          SCIENCE AND TECHNOLOGY

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, and to support activities
                          related to countering terrorism, for ‘‘Science and technology’’,
                          $90,308,000, to remain available until expended, to be obligated
                          from amounts made available in Public Law 107–38.
                                           ENVIRONMENTAL PROGRAMS AND MANAGEMENT

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, and to support activities
                          related to countering terrorism, for ‘‘Environmental programs and
                          management’’, $39,000,000, to remain available until expended,
                          to be obligated from amounts made available in Public Law 107–
                          38.
                                                   HAZARDOUS SUBSTANCE SUPERFUND

                              For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, and to support activities
                          related to countering terrorism, for ‘‘Hazardous substance super-
                          fund’’, $41,292,000, to remain available until expended, to be obli-
                          gated from amounts made available in Public Law 107–38.
                                                 STATE AND TRIBAL ASSISTANCE GRANTS

                               For making grants for emergency expenses to respond to the
                          September 11, 2001, terrorist attacks on the United States, and
                          to support activities related to countering potential biological and
                          chemical threats to populations, for ‘‘State and tribal assistance
                          grants’’, $5,000,000, to remain available until expended, to be obli-
                          gated from amounts made available in Public Law 107–38.
                               The referenced statement of the managers under this heading
                          in Public Law 107–73 is deemed to be amended by striking ‘‘Florida
                          Department of Environmental Protection’’ in reference to item
                          number 92, and inserting ‘‘Southwest Florida Water Management
                          District’’; and by striking ‘‘Southeast’’ in reference to item number
                          9, and inserting ‘‘Southwest’’.




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                          115 STAT. 2338                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                     The referenced statement of the managers under this heading
                                                 in Public Law 106–377 is deemed to be amended by striking ‘‘repairs
                                                 to water and sewer lines’’ in reference to item number 171 and
                                                 inserting ‘‘water and wastewater infrastructure improvements’’.

                                                                   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’’,
                                                 $4,356,871,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.
                                                                                  SALARIES AND EXPENSES

                                                      For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Salaries and Expenses’’,
                                                 $25,000,000 to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38 of which not
                                                 less than $10,000,000 shall be used to enhance the capabilities
                                                 of the National Security Division.
                                                            EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE

                                                                           (INCLUDING TRANSFER OF FUNDS)
                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Emergency management
                                                 planning and assistance’’, $10,000,000, to remain available until
                                                 expended, to be obligated from amounts made available in Public
                                                 Law 107–38, which shall be available for support of the 2002
                                                 Winter Olympics.
                                                     For an additional amount for emergency expenses to respond
                                                 to the September 11, 2001, terrorist attacks on the United States
                                                 and to support activities related to countering terrorism, for ‘‘Emer-
                                                 gency management planning and assistance’’, $210,000,000, to
                                                 remain available until September 30, 2003, for programs as author-
                                                 ized by section 33 of the Federal Fire Prevention and Control
                                                 Act of 1974, as amended (15 U.S.C. 2201 et seq.), as in effect
                                                 on December 7, 2001, to be obligated from amounts made available
                                                 in Public Law 107–38: Provided, That up to 5 percent of this
                                                 amount shall be transferred to ‘‘Salaries and Expenses’’ for program
                                                 administration.

                                                            NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
                                                                                    HUMAN SPACE FLIGHT

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Human space flight’’,
                                                 $76,000,000, to remain available until expended, to be obligated
                                                 from amounts made available in Public Law 107–38.
                                                                      SCIENCE, AERONAUTICS AND TECHNOLOGY

                                                     For emergency expenses to respond to the September 11, 2001,
                                                 terrorist attacks on the United States, for ‘‘Science, aeronautics
                                                 and technology’’, $32,500,000, to remain available until expended,




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                             115 STAT. 2339

                          to be obligated from amounts made available in Public Law 107–
                          38.

                                                        NATIONAL SCIENCE FOUNDATION
                                                   RESEARCH AND RELATED ACTIVITIES

                               For emergency expenses to respond to the September 11, 2001,
                          terrorist attacks on the United States, for ‘‘Research and related
                          activities’’, $300,000 to remain available until expended, to be obli-
                          gated from amounts made available in Public Law 107–38.

                                            GENERAL PROVISIONS, THIS CHAPTER
                              SEC. 1301. (a) This section may be cited as the ‘‘Unity in                                         Unity in the
                          the Spirit of America Act’’ or the ‘‘USA Act’’.                                                        Spirit of America
                              (b) The National and Community Service Act of 1990 (42 U.S.C.                                      Act.
                                                                                                                                 42 USC 12501
                          12501 et seq.) is amended by inserting before title V the following:                                   note.

                                  ‘‘TITLE IV—PROJECTS HONORING
                                  VICTIMS OF TERRORIST ATTACKS
                          ‘‘SEC. 401. PROJECTS.                                                                                  42 USC 12671.
                              ‘‘(a) DEFINITION.—In this section, the term ‘Foundation’ means
                          the Points of Light Foundation funded under section 301, or another
                          nonprofit private organization, that enters into an agreement with
                          the Corporation to carry out this section.
                              ‘‘(b) IDENTIFICATION OF PROJECTS.—
                                    ‘‘(1) ESTIMATED NUMBER.—Not later than March 1, 2002,                                        Deadline.
                              the Foundation, after obtaining the guidance of the heads of
                              appropriate Federal agencies, such as the Director of the Office
                              of Homeland Security and the Attorney General, shall—
                                          ‘‘(A) make an estimate of the number of victims killed
                                    as a result of the terrorist attacks on September 11, 2001
                                    (referred to in this section as the ‘estimated number’);
                                    and
                                          ‘‘(B) compile a list that specifies, for each individual                               Records.
                                    that the Foundation determines to be such a victim, the
                                    name of the victim and the State in which the victim
                                    resided.
                                    ‘‘(2) IDENTIFIED PROJECTS.—The Foundation may identify
                              approximately the estimated number of community-based
                              national and community service projects that meet the require-
                              ments of subsection (d). The Foundation may name projects
                              in honor of victims described in subsection (b)(1)(A), after
                              obtaining the permission of an appropriate member of the vic-
                              tim’s family and the entity carrying out the project.
                              ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to have a project named
                          under this section, the entity carrying out the project shall be
                          a political subdivision of a State, a business, a nonprofit organiza-
                          tion (which may be a religious organization), an Indian tribe, or
                          an institution of higher education.
                              ‘‘(d) PROJECTS.—The Foundation shall name, under this section,
                          projects—
                                    ‘‘(1) that advance the goals of unity, and improving the
                              quality of life in communities; and




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                          115 STAT. 2340                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                            ‘‘(2) that will be planned, or for which implementation
                                                      will begin, within a reasonable period after the date of enact-
                                                      ment of the Unity in the Spirit of America Act, as determined
                                                      by the Foundation.
                                                      ‘‘(e) WEBSITE AND DATABASE.—The Foundation shall create and
                                                 maintain websites and databases, to describe projects named under
                                                 this section and serve as appropriate vehicles for recognizing the
                                                 projects.’’.
                                                      SEC. 1302. Within funds previously appropriated as authorized
                                                 under the Native American Housing and Self Determination Act
                                                 of 1996 (Public Law 104–330, section 1(a); 110 Stat. 4016) and
                                                 made available to Cook Inlet Housing Authority, Cook Inlet Housing
                                                 Authority may use up to $9,500,000 of such funds to construct
                                                 student housing for Native college students, including an on-site
                                                 computer lab and related study facilities, and, notwithstanding
                                                 any provision of such Act to the contrary, Cook Inlet Housing
                                                 Authority may use a portion of such funds to establish a reserve
                                                 fund and to provide for maintenance of the project.
                                                      SEC. 1303. Of the amounts made available under both the
                                                 heading ‘‘Housing certificate fund’’ and the heading ‘‘Salaries and
                                                 Expenses’’ in title II of Public Law 107–73, not to exceed $11,300,000
                                                 shall be for the recordation and liquidation of obligations and defi-
                                                 ciencies incurred in prior years in connection with the provision
                                                 of technical assistance authorized under section 514 of the Multi-
                                                 family Assisted Housing Reform and Affordability Act of 1997 (‘‘sec-
                                                 tion 514’’), and notwithstanding any other provision of law, for
                                                 new obligations for such technical assistance: Provided, That of
                                                 the $11,300,000 made available, up to $1,300,000 shall be for
                                                 reimbursement of vouchers submitted by section 514 grantees as
                                                 of October 15, 2001: Provided further, That of the total amount
                                                 provided under the heading ‘‘Salaries and Expenses’’ in title II
                                                 of Public Law 107–73, $500,000 shall be made available from sala-
                                                 ries and expenses allocated to the Office of General Counsel and
                                                 $1,000,000 shall be made available from salaries and expenses
                                                 allocated to the Office of Multifamily Housing Assistance Restruc-
                                                 turing in the Department of Housing and Urban Development for
                                                 new obligations for the provision of technical assistance authorized
                                                 under section 514: Provided further, That of the $11,300,000 pro-
                                                 vided under this section, no more than $10,000,000 shall be made
                                                 available for new obligations for technical assistance under section
                                                 514: Provided further, That from amounts made available under
                                                 this section, the Inspector General of the Department of Housing
                                                 and Urban Development (‘‘HUD Inspector General’’) shall audit
                                                 each provision of technical assistance obligated under the require-
                                                 ments of section 514 over the last 4 years: Provided further, That
                                                 to the extent the HUD Inspector General determines that the
                                                 use of any funding for technical assistance does not meet the
                                                 requirements of section 514, the Secretary of Housing and Urban
                                                 Development (‘‘Secretary’’) shall recapture any such funds: Provided
                                                 further, That no funds appropriated under title II of Public Law
                                                 107–73 and subsequent appropriations acts for the Department
                                                 of Housing and Urban Development shall be made available for
                                                 4 years to any entity (or any subsequent entity comprised of signifi-
                                                 cantly the same officers) that has been identified as having violated
                                                 the requirements of section 514 by the HUD Inspector General:
                                                 Provided further, That, notwithstanding any other provision of law,
                                                 no funding for technical assistance shall be available for carryover




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2341

                          from any previous year: Provided further, That the recordation
                          and liquidation of obligations and deficiencies under this heading
                          shall not pardon or release an officer or employee of the United
                          States Government for an act or acts in violation of the Anti-
                          deficiency Act (31 U.S.C. 1341): Provided further, That the Secretary
                          shall implement the provisions under this section in a manner
                          that does not accelerate outlays.
                               SEC. 1304. The referenced statement of the managers per-
                          taining to economic development initiatives under the heading
                          ‘‘Community Development Fund’’ in Public Law 107–73 is deemed
                          to be amended by striking ‘‘Willacacy County Boys and Girls Club
                          in Willacacy County, Texas’’ in reference to an appropriation for
                          the Willacy County Boys and Girls Club, and inserting ‘‘Willacy
                          County Boys and Girls Club in Willacy County, Texas’’; by striking
                          ‘‘Acres Home Community Development Corporation’’ in reference
                          to an appropriation in Houston, Texas, and inserting ‘‘Old Acres
                          Homes Citizens Council’’; and by striking ‘‘$250,000 to the Good
                          Shepard School in Braddock, Pennsylvania for facility renovation;’’
                          in reference to an appropriation in Braddock, Pennsylvania, and
                          inserting ‘‘$250,000 for facility renovation, of which $50,000 is for
                          the Good Shepard School in Braddock, Pennsylvania, and $200,000
                          is for the Phipps Conservatory and Botanical Gardens in Pittsburgh,
                          Pennsylvania;’’.

                                                                   CHAPTER 14

                                             GENERAL PROVISIONS, THIS DIVISION
                               SEC. 1401. Amounts which may be obligated pursuant to this
                          division are subject to the terms and conditions provided in Public
                          Law 107–38.
                               SEC. 1402. No part of any appropriation contained in this
                          division shall remain available for obligation beyond the current
                          fiscal year unless expressly so provided herein.
                               SEC. 1403. Notwithstanding any other provision of law, of the
                          funds made available in this or any other Act, funds may be
                          transferred to the Department of Defense from an agency receiving
                          National Guard services related to homeland security to cover the
                          costs of such services that the agency incurred after the date of
                          enactment of this Act: Provided, That such authority to transfer                                      Expiration date.
                          shall expire on April 30, 2002: Provided further, That each agency                                    Reports.
                          receiving National Guard services related to homeland security
                          shall submit to the House and Senate Committees on Appropria-
                          tions a detailed report of the National Guard’s homeland defense
                          activities and expenses incurred after the date of enactment of
                          this Act and planned for the remainder of fiscal year 2002 for
                          that agency and any proposed transfers 15 days prior to such
                          transfers pursuant to this authority.
                               This division may be cited as the ‘‘Emergency Supplemental
                          Act, 2002’’.

                                   DIVISION C—SPENDING LIMITS AND BUDGETARY
                                         ALLOCATIONS FOR FISCAL YEAR 2002
                              SEC. 101. (a) DISCRETIONARY SPENDING LIMITS.—Section
                          251(c)(6) of the Balanced Budget and Emergency Deficit Control
                          Act of 1985 is amended—                                                                               2 USC 901.




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                          115 STAT. 2342                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                           (1) by striking subparagraph (A) and inserting the fol-
                                                      lowing:
                                                                ‘‘(A) for the discretionary category: $681,441,000,000
                                                           in new budget authority and $670,206,000,000 in outlays;’’;
                                                           (2) in subparagraph (C), by striking the second ‘‘and’’ after
                                                      the semicolon; and
                                                           (3) in subparagraph (D), by striking ‘‘$1,232,000,000’’ and
                                                      inserting ‘‘$1,473,000,000’’.
                                                      (b) REVISED AGGREGATES AND ALLOCATIONS.—Upon the enact-
                                                 ment of this section, the chairman of the Committee on the Budget
                                                 of the House of Representatives and the chairman of the Committee
                                                 on the Budget of the Senate shall each—
                                                           (1) revise the aggregate levels of new budget authority
                                                      and outlays for fiscal year 2002 set in sections 101(2) and
                                                      101(3) of the concurrent resolution on the budget for fiscal
                                                      year 2002 (H. Con. Res. 83, 107th Congress), to the extent
                                                      necessary to reflect the revised limits on discretionary budget
                                                      authority and outlays for fiscal year 2002 provided in subsection
                                                      (a);
                                                           (2) revise allocations under section 302(a) of the Congres-
                                                      sional Budget Act of 1974 to the Committee on Appropriations
                                                      of their respective House as initially set forth in the joint
                                                      explanatory statement of managers accompanying the con-
                                                      ference report on that concurrent resolution, to the extent nec-
                                                      essary to reflect the revised limits on discretionary budget
                                                      authority and outlays for fiscal year 2002 provided in subsection
                                                      (a); and
                          Congressional                    (3) publish those revised aggregates and allocations in the
                          Record.                     Congressional Record.
                                                      (c) REPEAL OF SECTION 203 OF BUDGET RESOLUTION FOR FISCAL
                                                 YEAR 2002.—Section 203 of the concurrent resolution on the budget
                                                 for fiscal year 2002 (H. Con. Res. 83, 107th Congress) is repealed.
                                                      (d) ADJUSTMENTS.—If, for fiscal year 2002, the amount of new
                                                 budget authority provided in appropriation Acts exceeds the discre-
                                                 tionary spending limit on new budget authority for any category
                                                 due to technical estimates made by the Director of the Office of
                                                 Management and Budget, the Director shall make an adjustment
                                                 equal to the amount of the excess, but not to exceed an amount
                                                 equal to 0.12 percent of the sum of the adjusted discretionary
                                                 limits on new budget authority for all categories for fiscal year
                                                 2002.
                          2 USC 902 note.             SEC. 102. PAY-AS-YOU-GO ADJUSTMENT.—In preparing the final
                                                 sequestration report for fiscal year 2002 required by section 254(f)(3)
                                                 of the Balanced Budget and Emergency Deficit Control Act of 1985,
                                                 the Director of the Office of Management and Budget shall change
                                                 any balance of direct spending and receipts legislation for fiscal
                                                 years 2001 and 2002 under section 252 of that Act to zero.
                          President.                  SEC. 103. When the President submits a budget of the United
                          Reports.               States Government under section 1105(a) of title 31, United States
                                                 Code, for fiscal year 2003, he shall submit a report to the Congress
                                                 that identifies any emergency-designated funding (pursuant to sec-
                                                 tion 251(b)(2)(A) or section 252(e) of the Balanced Budget and
                                                 Emergency Deficit Control Act of 1985) in legislation enacted after
                                                 September 11, 2001, and before such submission in response to
                                                 the events of September 11, 2001, that is of an ongoing and recur-
                                                 ring nature.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2343

                               SEC. 104. (a) The section 302(a) allocations, as adjusted pursu-
                          ant to section 101(b), shall be deemed to be allocations set forth
                          in the joint explanatory statement of managers accompanying the
                          concurrent resolution on the budget for fiscal year 2002 for all
                          purposes under titles III and IV of the Congressional Budget Act
                          of 1974.
                               (b) REPEALER.—Section 221(d)(2) of the concurrent resolution
                          on the budget for fiscal year 2002 (H. Con. Res. 83, 107th Congress,
                          1st session) is repealed.

                                       DIVISION D—MISCELLANEOUS PROVISIONS

                           TITLE I—CONVEYANCE OF HOMESTAKE                                                                      Homestake Mine
                                                                                                                                Conveyance Act
                                         MINE                                                                                   of 2001.
                                                                                                                                South Dakota.
                                                                                                                                California.
                          SEC. 101. SHORT TITLE.
                              This title may be cited as the ‘‘Homestake Mine Conveyance
                          Act of 2001’’.
                          SEC. 102. FINDINGS.
                                Congress finds the following:
                                     (1) The United States is among the leading nations in
                                the world in conducting basic scientific research.
                                     (2) That leadership position strengthens the economy and
                                national defense of the United States and provides other impor-
                                tant benefits.
                                     (3) The Homestake Mine in Lead, South Dakota, owned
                                by the Homestake Mining Company of California, is approxi-
                                mately 8,000 feet deep and is situated in a unique physical
                                setting that is ideal for carrying out certain types of particle
                                physics and other research.
                                     (4) The Mine has been selected by the National Under-
                                ground Science Laboratory Committee, an independent panel
                                of distinguished scientists, as the preferred site for the construc-
                                tion of the National Underground Science Laboratory.
                                     (5) Such a laboratory would be used to conduct scientific
                                research that would be funded and recognized as significant
                                by the United States.
                                     (6) The establishment of the laboratory is in the national
                                interest and would substantially improve the capability of the
                                United States to conduct important scientific research.
                                     (7) For economic reasons, Homestake intends to cease oper-
                                ations at the Mine in 2001.
                                     (8) On cessation of operations of the Mine, Homestake
                                intends to implement reclamation actions that would preclude
                                the establishment of a laboratory at the Mine.
                                     (9) Homestake has advised the State that, after cessation
                                of operations at the Mine, instead of closing the entire Mine,
                                Homestake is willing to donate the underground portion of
                                the Mine and certain other real and personal property of
                                substantial value at the Mine for use as the National Under-
                                ground Science Laboratory.
                                     (10) Use of the Mine as the site for the laboratory, instead
                                of other locations under consideration, would result in a savings
                                of millions of dollars for the Federal Government.




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                          115 STAT. 2344                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                              (11) If the Mine is selected as the site for the laboratory,
                                                        it is essential that closure of the Mine not preclude the location
                                                        of the laboratory at the Mine.
                                                              (12) Homestake is unwilling to donate, and the State is
                                                        unwilling to accept, the property at the Mine for the laboratory
                                                        if Homestake and the State would continue to have potential
                                                        liability with respect to the transferred property.
                                                              (13) To secure the use of the Mine as the location for
                                                        the laboratory and to realize the benefits of the proposed labora-
                                                        tory it is necessary for the United States to—
                                                                  (A) assume a portion of any potential future liability
                                                              of Homestake concerning the Mine; and
                                                                  (B) address potential liability associated with the oper-
                                                              ation of the laboratory.
                                                 SEC. 103. DEFINITIONS.
                                                        In this title:
                                                             (1) ADMINISTRATOR.—The term ‘‘Administrator’’ means the
                                                        Administrator of the Environmental Protection Agency.
                                                             (2) AFFILIATE.—
                                                                  (A) IN GENERAL.—The term ‘‘affiliate’’ means any cor-
                                                             poration or other person that controls, is controlled by,
                                                             or is under common control with Homestake.
                                                                  (B) INCLUSIONS.—The term ‘‘affiliate’’ includes a
                                                             director, officer, or employee of an affiliate.
                                                             (3) CONVEYANCE.—The term ‘‘conveyance’’ means the
                                                        conveyance of the Mine to the State under section 104(a).
                                                             (4) FUND.—The term ‘‘Fund’’ means the Environment and
                                                        Project Trust Fund established under section 108.
                                                             (5) HOMESTAKE.—
                                                                  (A) IN GENERAL.—The term ‘‘Homestake’’ means the
                                                             Homestake Mining Company of California, a California
                                                             corporation.
                                                                  (B) INCLUSION.—The term ‘‘Homestake’’ includes—
                                                                       (i) a director, officer, or employee of Homestake;
                                                                       (ii) an affiliate of Homestake; and
                                                                       (iii) any successor of Homestake or successor to
                                                                  the interest of Homestake in the Mine.
                                                             (6) INDEPENDENT ENTITY.—The term ‘‘independent entity’’
                                                        means an independent entity selected jointly by Homestake,
                                                        the South Dakota Department of Environment and Natural
                                                        Resources, and the Administrator—
                                                                  (A) to conduct a due diligence inspection under section
                                                             104(b)(2)(A); and
                                                                  (B) to determine the fair value of the Mine under
                                                             section 105(a).
                                                             (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning
                                                        given the term in section 4 of the Indian Self-Determination
                                                        and Education Assistance Act (25 U.S.C. 450b).
                                                             (8) LABORATORY.—
                                                                  (A) IN GENERAL.—The term ‘‘laboratory’’ means the
                                                             national underground science laboratory proposed to be
                                                             established at the Mine after the conveyance.
                                                                  (B) INCLUSION.—The term ‘‘laboratory’’ includes oper-
                                                             ating and support facilities of the laboratory.
                                                             (9) MINE.—




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2345

                                         (A) IN GENERAL.—The term ‘‘Mine’’ means the portion
                                    of the Homestake Mine in Lawrence County, South Dakota,
                                    proposed to be conveyed to the State for the establishment
                                    and operation of the laboratory.
                                         (B) INCLUSIONS.—The term ‘‘Mine’’ includes—
                                               (i) real property, mineral and oil and gas rights,
                                         shafts, tunnels, structures, backfill, broken rock, fix-
                                         tures, facilities, and personal property to be conveyed
                                         for establishment and operation of the laboratory, as
                                         agreed upon by Homestake and the State; and
                                               (ii) any water that flows into the Mine from any
                                         source.
                                         (C) EXCLUSIONS.—The term ‘‘Mine’’ does not include—
                                               (i) the feature known as the ‘‘Open Cut’’;
                                               (ii) any tailings or tailings storage facility (other
                                         than backfill in the portion of the Mine described in
                                         subparagraph (A)); or
                                               (iii) any waste rock or any site used for the
                                         dumping of waste rock (other than broken rock in
                                         the portion of the Mine described in subparagraph
                                         (A)).
                                    (10) PERSON.—The term ‘‘person’’ means—
                                         (A) an individual;
                                         (B) a trust, firm, joint stock company, corporation
                                    (including a government corporation), partnership, associa-
                                    tion, limited liability company, or any other type of business
                                    entity;
                                         (C) a State or political subdivision of a State;
                                         (D) a foreign governmental entity;
                                         (E) an Indian tribe; and
                                         (F) any department, agency, or instrumentality of the
                                    United States.
                                    (11) PROJECT SPONSOR.—The term ‘‘project sponsor’’ means
                                an entity that manages or pays the costs of one or more projects
                                that are carried out or proposed to be carried out at the labora-
                                tory.
                                    (12) SCIENTIFIC ADVISORY BOARD.—The term ‘‘Scientific
                                Advisory Board’’ means the entity designated in the manage-
                                ment plan of the laboratory to provide scientific oversight for
                                the operation of the laboratory.
                                    (13) STATE.—
                                         (A) IN GENERAL.—The term ‘‘State’’ means the State
                                    of South Dakota.
                                         (B) INCLUSIONS.—The term ‘‘State’’ includes an institu-
                                    tion, agency, officer, or employee of the State.
                          SEC. 104. CONVEYANCE OF REAL PROPERTY.
                                (a) IN GENERAL.—
                                     (1) DELIVERY OF DOCUMENTS.—Subject to paragraph (2)
                                and subsection (b) and notwithstanding any other provision
                                of law, on the execution and delivery by Homestake of one
                                or more quitclaim deeds or bills of sale conveying to the State
                                all right, title, and interest of Homestake in and to the Mine,
                                title to the Mine shall pass from Homestake to the State.
                                     (2) CONDITION OF MINE ON CONVEYANCE.—The Mine shall
                                be conveyed as is, with no representations as to the condition
                                of the property.




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                          115 STAT. 2346                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                        (b) REQUIREMENTS FOR CONVEYANCE.—
                                                             (1) IN GENERAL.—The Administrator’s acceptance of the
                                                        final report or certification of the independent entity under
                                                        paragraph (4) is a condition precedent of the conveyance and
                                                        of the assumption of liability by the United States in accordance
                                                        with this title.
                                                             (2) DUE DILIGENCE INSPECTION.—
                                                                  (A) IN GENERAL.—As a condition precedent of convey-
                                                             ance and of Federal participation described in this title,
                                                             Homestake shall permit an independent entity to conduct
                                                             a due diligence inspection of the Mine to determine whether
                                                             any condition of the Mine may present an imminent and
                                                             substantial endangerment to public health or the environ-
                                                             ment.
                                                                  (B) CONSULTATION.—As a condition precedent of the
                                                             conduct of a due diligence inspection, the Administrator,
                                                             in consultation with Homestake, the South Dakota Depart-
                                                             ment of Environment and Natural Resources, and the inde-
                                                             pendent entity, shall define the methodology and standards
                                                             to be used, and other factors to be considered, by the
                                                             independent entity in—
                                                                       (i) the conduct of the due diligence inspection;
                                                                       (ii) the scope of the due diligence inspection; and
                                                                       (iii) the time and duration of the due diligence
                                                                  inspection.
                                                                  (C) PARTICIPATION BY HOMESTAKE.—Nothing in this
                                                             paragraph requires Homestake to participate in the conduct
                                                             of the due diligence inspection.
                                                             (3) REPORT TO THE ADMINISTRATOR.—
                                                                  (A) IN GENERAL.—The independent entity shall submit
                                                             to the Administrator a report that—
                                                                       (i) describes the results of the due diligence inspec-
                                                                  tion under paragraph (2); and
                                                                       (ii) identifies any condition of or in the Mine that
                                                                  may       present     an     imminent     and    substantial
                                                                  endangerment to public health or the environment.
                                                                  (B) PROCEDURE.—
                                                                       (i) DRAFT REPORT.—Before finalizing the report
                                                                  under this paragraph, the independent entity shall—
                                                                             (I) issue a draft report;
                                                                             (II) submit to the Administrator, Homestake,
                                                                       and the State a copy of the draft report;
                          Notice.                                            (III) issue a public notice requesting comments
                                                                       on the draft report that requires all such comments
                                                                       to be filed not later than 45 days after issuance
                                                                       of the public notice; and
                                                                             (IV) during that 45-day public comment
                                                                       period, conduct at least one public hearing in Lead,
                                                                       South Dakota, to receive comments on the draft
                                                                       report.
                                                                       (ii) FINAL REPORT.—In the final report submitted
                                                                  to the Administrator under this paragraph, the inde-
                                                                  pendent entity shall respond to, and incorporate nec-
                                                                  essary changes suggested by, the comments received
                                                                  on the draft report.
                                                             (4) REVIEW AND APPROVAL BY ADMINISTRATOR.—




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2347

                                           (A) IN GENERAL.—Not later than 60 days after receiving                               Deadline.
                                       the final report under paragraph (3), the Administrator
                                       shall—
                                                (i) review the report; and
                                                (ii) notify the State in writing of acceptance or                               Notification.
                                           rejection of the final report.
                                           (B) CONDITIONS FOR REJECTION.—The Administrator
                                       may reject the final report if the report discloses one or
                                       more conditions that—
                                                (i) as determined by the Administrator, may
                                           present an imminent and substantial endangerment
                                           to the public health or the environment and require
                                           a response action; or
                                                (ii) otherwise make the conveyance in section 104,
                                           or the assumption of liability, the release of liability,
                                           or the indemnification in section 106 contrary to the
                                           public interest.
                                           (C) RESPONSE ACTIONS AND CERTIFICATION.—
                                                (i) RESPONSE ACTIONS.—
                                                      (I) IN GENERAL.—If the Administrator rejects
                                                the final report, Homestake may carry out or bear
                                                the cost of, or permit the State or another person
                                                to carry out or bear the cost of, such response
                                                actions as are necessary to correct any condition
                                                identified by the Administrator under subpara-
                                                graph (B)(i) that may present an imminent and
                                                substantial endangerment to public health or the
                                                environment.
                                                      (II) LONG-TERM RESPONSE ACTIONS.—
                                                           (aa) IN GENERAL.—In a case in which the
                                                      Administrator determines that a condition
                                                      identified by the Administrator under
                                                      subparagraph (B)(i) requires continuing
                                                      response action, or response action that can
                                                      be completed only as part of the final closure
                                                      of the laboratory, it shall be a condition of
                                                      conveyance that Homestake, the State, or
                                                      another person deposit into the Fund such
                                                      amount as is estimated by the independent
                                                      entity, on a net present value basis and after
                                                      taking into account estimated interest on that
                                                      basis to be sufficient to pay the costs of the
                                                      long-term response action or the response
                                                      action that will be completed as part of the
                                                      final closure of the laboratory.
                                                           (bb) LIMITATION ON USE OF FUNDS.—None
                                                      of the funds deposited into the Fund under
                                                      item (aa) shall be expended for any purpose
                                                      other than to pay the costs of the long-term
                                                      response action, or the response action that
                                                      will be completed as part of the final closure
                                                      of the Mine, identified under that item.
                                                (ii) CONTRIBUTION BY HOMESTAKE.—The total
                                           amount that Homestake may expend, pay, or deposit
                                           into the Fund under subclauses (I) and (II) of clause
                                           (i) shall not exceed—
                                                      (I) $75,000,000; less




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                          115 STAT. 2348                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                                         (II) the fair value of the Mine as determined
                                                                   under section 105(a).
                                                                   (iii) CERTIFICATION.—
                                                                         (I) IN GENERAL.—After any response actions
                                                                   described in clause (i)(I) are carried out and any
                                                                   required funds are deposited under clause (i)(II),
                                                                   the independent entity may certify to the Adminis-
                                                                   trator that the conditions for rejection identified
                                                                   by the Administrator under subparagraph (B) have
                                                                   been corrected.
                                                                         (II) ACCEPTANCE OR REJECTION OF CERTIFI-
                          Deadline.                                CATION.—Not later than 60 days after an inde-
                                                                   pendent entity makes a certification under sub-
                                                                   clause (I), the Administrator shall accept or reject
                                                                   the certification.
                                                      (c) REVIEW OF CONVEYANCE.—For the purposes of the convey-
                                                 ance, the requirements of this section shall be considered to be
                                                 sufficient to meet any requirement of the National Environmental
                                                 Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                                                 SEC. 105. ASSESSMENT OF PROPERTY.
                                                      (a) VALUATION OF PROPERTY.—The independent entity shall
                                                 assess the fair value of the Mine.
                                                      (b) FAIR VALUE.—For the purposes of this section, the fair
                                                 value of the Mine shall be the fair market value as determined
                                                 by an appraisal in conformance with the Uniform Appraisal Stand-
                                                 ards for Federal Land Acquisition. To the extent appraised items
                                                 only have value to the Federal Government for the purpose of
                                                 constructing the laboratory, the appraiser shall also add to the
                                                 assessment of fair value the estimated cost of replacing the shafts,
                                                 winzes, hoists, tunnels, ventilation system and other equipment
                                                 and improvements at the Mine that are expected to be used at,
                                                 or that will be useful to, the laboratory.
                          Deadline.                   (c) REPORT.—Not later than the date on which each report
                                                 developed in accordance with section 104(b)(3) is submitted to the
                                                 Administrator, the independent entity described in subsection (a)
                                                 shall submit to the State a report that identifies the fair value
                                                 assessed under subsection (a).
                                                 SEC. 106. LIABILITY.
                                                        (a) ASSUMPTION OF LIABILITY.—
                                                             (1) ASSUMPTION.—Subject to paragraph (2), notwith-
                                                        standing any other provision of law, on completion of the
                                                        conveyance in accordance with this title, the United States
                                                        shall assume any and all liability relating to the Mine and
                                                        laboratory, including liability for—
                                                                  (A) damages;
                                                                  (B) reclamation;
                                                                  (C) the costs of response to any hazardous substance
                                                             (as defined in section 101 of the Comprehensive Environ-
                                                             mental Response, Compensation, and Liability Act of 1980
                                                             (42 U.S.C. 9601)), contaminant, or other material on, under,
                                                             or relating to the Mine and laboratory; and
                                                                  (D) closure of the Mine and laboratory.
                                                             (2) CLAIMS AGAINST UNITED STATES.—In the case of any
                                                        claim brought against the United States, the United States
                                                        shall be liable for—




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2349

                                          (A) damages under paragraph (1)(A), only to the extent
                                     that an award of damages is made in a civil action brought
                                     under chapter 171 of title 28, United States Code, notwith-
                                     standing that the act or omission giving rise to the claim
                                     was not committed by an employee of the United States;
                                     and
                                          (B) response costs under paragraph (1)(C), only to the
                                     extent that an award of response costs is made in a civil
                                     action brought under—
                                               (i) the Federal Water Pollution Control Act (33
                                          U.S.C. 1251 et seq.);
                                               (ii) the Solid Waste Disposal Act (42 U.S.C. 6901
                                          et seq.);
                                               (iii) the Comprehensive Environmental Response,
                                          Compensation, and Liability Act of 1980 (42 U.S.C.
                                          9601 et seq.); or
                                               (iv) any other applicable Federal environmental
                                          law, as determined by the Administrator.
                               (b) LIABILITY PROTECTION.—On completion of the conveyance,
                          neither Homestake nor the State shall be liable to any person
                          or the United States for injuries, costs, injunctive relief, reclamation,
                          damages (including damages to natural resources or the environ-
                          ment), or expenses, or liable under any other claim (including
                          claims for indemnification or contribution, claims by third parties
                          for death, personal injury, illness, or loss of or damage to property,
                          or claims for economic loss), under any law (including a regulation)
                          for any claim arising out of or in connection with contamination,
                          pollution, or other condition, use, or closure of the Mine and labora-
                          tory, regardless of when a condition giving rise to the liability
                          originated or was discovered.
                               (c) INDEMNIFICATION.—Notwithstanding any other provision of
                          law, on completion of the conveyance in accordance with this title,
                          the United States shall indemnify, defend, and hold harmless
                          Homestake and the State from and against—
                                     (1) any and all liabilities and claims described in subsection
                               (a), without regard to any limitation under subsection (a)(2);
                               and
                                     (2) any and all liabilities and claims described in subsection
                               (b).
                               (d) WAIVER OF SOVEREIGN IMMUNITY.—For purposes of this
                          title, the United States waives any claim to sovereign immunity
                          with respect to any claim of Homestake or the State under this
                          title.
                               (e) TIMING FOR ASSUMPTION OF LIABILITY.—If the conveyance
                          is effectuated by more than one legal transaction, the assumption
                          of liability, liability protection, indemnification, and waiver of sov-
                          ereign immunity provided for under this section shall apply to
                          each legal transaction, as of the date on which the transaction
                          is completed and with respect to such portion of the Mine as
                          is conveyed under that transaction.
                               (f) EXCEPTIONS FOR CERTAIN CLAIMS.—Nothing in this section
                          constitutes an assumption of liability by the United States, or
                          relief of liability of Homestake, for—
                                     (1) any unemployment, worker’s compensation, or other
                               employment-related claim or cause of action of an employee
                               of Homestake that arose before the date of conveyance;




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                          115 STAT. 2350                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                          (2) any claim or cause of action that arose before the
                                                      date of conveyance, other than claims relating to environmental
                                                      response costs or natural resource damages; or
                                                          (3) any violation of any provision of criminal law.
                                                      (g) EXCEPTION FOR OFF-SITE ENVIRONMENTAL CLAIMS.—
                                                 Nothing in this title constitutes an assumption of liability by the
                                                 United States, relief of liability for Homestake, or obligation to
                                                 indemnify Homestake, for any claim, injury, damage, liability, or
                                                 reclamation or cleanup obligation with respect to any property
                                                 or asset that is not conveyed under this title, except to the extent
                                                 that any such claim, injury, damage, liability, or reclamation or
                                                 cleanup obligation is based on activities or events at the Mine
                                                 subsequent to the date of conveyance.
                                                 SEC. 107. INSURANCE COVERAGE.
                                                        (a) PROPERTY AND LIABILITY INSURANCE.—
                                                             (1) IN GENERAL.—To the extent property and liability insur-
                                                        ance is available and subject to the requirements described
                                                        in paragraph (2), the State shall purchase property and liability
                                                        insurance for the Mine and the operation of the laboratory
                                                        to provide coverage against the liability described in subsections
                                                        (a) and (b) of section 106.
                                                             (2) REQUIREMENTS.—The requirements referred to in para-
                                                        graph (1) are the following:
                                                                  (A) TERMS OF INSURANCE.—In determining the type,
                                                             extent of coverage, and policy limits of insurance purchased
                                                             under this subsection, the State shall—
                                                                       (i) periodically consult with the Administrator and
                                                                  the Scientific Advisory Board; and
                                                                       (ii) consider certain factors, including—
                                                                             (I) the nature of the projects and experiments
                                                                       being conducted in the laboratory;
                                                                             (II) the availability and cost of commercial
                                                                       insurance; and
                                                                             (III) the amount of funding available to pur-
                                                                       chase commercial insurance.
                                                                  (B) ADDITIONAL TERMS.—The insurance purchased by
                                                             the State under this subsection may provide coverage that
                                                             is—
                                                                       (i) secondary to the insurance purchased by project
                                                                  sponsors; and
                                                                       (ii) in excess of amounts available in the Fund
                                                                  to pay any claim.
                                                             (3) FINANCING OF INSURANCE PURCHASE.—
                                                                  (A) IN GENERAL.—Subject to section 108, the State
                                                             may finance the purchase of insurance required under this
                                                             subsection by using—
                                                                       (i) funds made available from the Fund; and
                                                                       (ii) such other funds as are received by the State
                                                                  for the purchase of insurance for the Mine and labora-
                                                                  tory.
                                                                  (B) NO REQUIREMENT TO USE STATE FUNDS.—Nothing
                                                             in this title requires the State to use State funds to pur-
                                                             chase insurance required under this subsection.
                                                             (4) ADDITIONAL INSURED.—Any insurance purchased by the
                                                        State under this subsection shall—




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                                              PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2351

                                               (A) name the United States as an additional insured;
                                       or
                                          (B) otherwise provide that the United States is a bene-
                                     ficiary of the insurance policy having the primary right
                                     to enforce all rights of the United States under the policy.
                                     (5) TERMINATION OF OBLIGATION TO PURCHASE INSUR-
                                ANCE.—The obligation of the State to purchase insurance under
                                this subsection shall terminate on the date on which—
                                          (A) the Mine ceases to be used as a laboratory; or
                                          (B) sufficient funding ceases to be available for the
                                     operation and maintenance of the Mine or laboratory.
                                (b) PROJECT INSURANCE.—
                                     (1) IN GENERAL.—The State, in consultation with the
                                Administrator and the Scientific Advisory Board, may require,
                                as a condition of approval of a project for the laboratory, that
                                a project sponsor provide property and liability insurance or
                                other applicable coverage for potential liability associated with
                                the project described in subsections (a) and (b) of section 106.
                                     (2) ADDITIONAL INSURED.—Any insurance obtained by the
                                project sponsor under this section shall—
                                          (A) name the State and the United States as additional
                                     insureds; or
                                          (B) otherwise provide that the State and the United
                                     States are beneficiaries of the insurance policy having the
                                     primary right to enforce all rights under the policy.
                                (c) STATE INSURANCE.—
                                     (1) IN GENERAL.—To the extent required by State law,
                                the State shall purchase, with respect to the operation of the
                                Mine and the laboratory—
                                          (A) unemployment compensation insurance; and
                                          (B) worker’s compensation insurance.
                                     (2) PROHIBITION ON USE OF FUNDS FROM FUND.—A State
                                shall not use funds from the Fund to carry out paragraph
                                (1).
                          SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.
                              (a) ESTABLISHMENT.—On completion of the conveyance, the
                          State shall establish, in an interest-bearing account at an accredited
                          financial institution located within the State, the Environment and
                          Project Trust Fund.
                              (b) AMOUNTS.—The Fund shall consist of—
                                   (1) an annual deposit from the operation and maintenance
                              funding provided for the laboratory in an amount to be
                              determined—
                                        (A) by the State, in consultation with the Administrator
                                   and the Scientific Advisory Board; and
                                        (B) after taking into consideration—
                                             (i) the nature of the projects and experiments being
                                        conducted at the laboratory;
                                             (ii) available amounts in the Fund;
                                             (iii) any pending costs or claims that may be
                                        required to be paid out of the Fund; and
                                             (iv) the amount of funding required for future
                                        actions associated with the closure of the facility;
                                   (2) an amount determined by the State, in consultation
                              with the Administrator and the Scientific Advisory Board, and




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                          115 STAT. 2352                            PUBLIC LAW 107–117—JAN. 10, 2002

                                                      to be paid by the appropriate project sponsor, for each project
                                                      to be conducted, which amount—
                                                                (A) shall be used to pay—
                                                                     (i) costs incurred in removing from the Mine or
                                                                laboratory equipment or other materials related to the
                                                                project;
                                                                     (ii) claims arising out of or in connection with
                                                                the project; and
                                                                     (iii) if any portion of the amount remains after
                                                                paying the expenses described in clauses (i) and (ii),
                                                                other costs described in subsection (c); and
                                                                (B) may, at the discretion of the State, be assessed—
                                                                     (i) annually; or
                                                                     (ii) in a lump sum as a prerequisite to the approval
                                                                of the project;
                                                           (3) interest earned on amounts in the Fund, which amount
                                                      of interest shall be used only for a purpose described in sub-
                                                      section (c); and
                                                           (4) all other funds received and designated by the State
                                                      for deposit in the Fund.
                                                      (c) EXPENDITURES FROM FUND.—Amounts in the Fund shall
                                                 be used only for the purposes of funding—
                                                           (1) waste and hazardous substance removal or remediation,
                                                      or other environmental cleanup at the Mine;
                                                           (2) removal of equipment and material no longer used,
                                                      or necessary for use, in conjunction with a project conducted
                                                      at the laboratory;
                                                           (3) a claim arising out of or in connection with the con-
                                                      ducting of such a project;
                                                           (4) purchases of insurance by the State as required under
                                                      section 107;
                                                           (5) payments for and other costs relating to liability
                                                      described in section 106; and
                                                           (6) closure of the Mine and laboratory.
                                                      (d) FEDERAL PAYMENTS FROM FUND.—The United States—
                                                           (1) to the extent the United States assumes liability under
                                                      section 106—
                                                                (A) shall be a beneficiary of the Fund; and
                                                                (B) may direct that amounts in the Fund be applied
                                                           to pay amounts and costs described in this section; and
                                                           (2) may take action to enforce the right of the United
                                                      States to receive one or more payments from the Fund.
                                                      (e) NO REQUIREMENT OF DEPOSIT OF PUBLIC FUNDS.—Nothing
                                                 in this section requires the State to deposit State funds as a
                                                 condition of the assumption by the United States of liability, or
                                                 the relief of the State or Homestake from liability, under section
                                                 106.
                                                 SEC. 109. WASTE ROCK MIXING.
                                                     After completion of the conveyance, the State shall obtain the
                                                 approval of the Administrator before disposing of any material
                                                 quantity of laboratory waste rock if—
                                                          (1) the disposal site is on land not conveyed under this
                                                     title; and
                                                          (2) the State determines that the disposal could result
                                                     in commingling of laboratory waste rock with waste rock dis-
                                                     posed of by Homestake before the date of conveyance.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2353
                          SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.
                              After the conveyance, nothing in this title exempts the labora-
                          tory from compliance with any law (including a Federal environ-
                          mental law).
                          SEC. 111. CONTINGENCY.
                              This title shall be effective contingent on approval by the
                          National Science Board and the making of an award by the National
                          Science Foundation for the establishment of the laboratory at the
                          Mine.
                          SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.
                              If the conveyance under this title does not occur, any obligation
                          of Homestake relating to the Mine shall be limited to such reclama-
                          tion or remediation as is required under any applicable law other
                          than this title.
                          SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.
                                The United States may seek payment—
                                    (1) from the Fund, under section 108(d), to pay or reimburse
                                the United States for amounts payable or liabilities incurred
                                under this title; and
                                    (2) from available insurance, to pay or reimburse the
                                United States and the Fund for amounts payable or liabilities
                                incurred under this title.
                          SEC. 114. CONSENT DECREES.
                                Nothing in this title affects any obligation of a party under—
                                    (1) the 1990 Remedial Action Consent Decree (Civ. No.
                                90–5101 D. S.D.); or
                                    (2) the 1999 Natural Resource Damage Consent Decree
                                (Civ. Nos. 97–5078 and 97–5100, D. S.D.).
                          SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
                              There are authorized to be appropriated such sums as are
                          necessary to carry out this title.
                          SEC. 116. CONGRESSIONAL BUDGET ACT.
                               Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines
                          set forth in the joint explanatory statement of the committee of
                          conference accompanying Conference Report 105–217, the provisions
                          of this title that would have been estimated by the Office of Manage-
                          ment and Budget as changing direct spending or receipts under
                          section 252 of the Balanced Budget and Emergency Deficit Control
                          Act of 1985 were it included in an Act other than an appropriations
                          Act shall be treated as direct spending or receipts legislation, as
                          appropriate, under section 252 of the Balanced Budget and Emer-
                          gency Deficit Control Act of 1985, and by the Chairmen of the
                          House and Senate Budget Committees, as appropriate, under the
                          Congressional Budget Act.
                                    TITLE II—GENERAL PROVISION, THIS DIVISION
                              SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY CENTER FOR
                          THE PERFORMING ARTS. (a) MEMBERSHIP.—Section 2(a) of the John
                          F. Kennedy Center Act (20 U.S.C. 76h(a)) is amended—
                                  (1) by striking ‘‘There is hereby’’ and inserting the fol-
                              lowing:
                                  ‘‘(1) IN GENERAL.—There is’’; and




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                          115 STAT. 2354                             PUBLIC LAW 107–117—JAN. 10, 2002

                                                            (2) by striking the second sentence and inserting the fol-
                                                       lowing:
                                                            ‘‘(2) MEMBERSHIP.—The Board shall be composed of—
                                                                  ‘‘(A) the Secretary of Health and Human Services;
                                                                  ‘‘(B) the Librarian of Congress;
                                                                  ‘‘(C) the Secretary of State;
                                                                  ‘‘(D) the Chairman of the Commission of Fine Arts;
                                                                  ‘‘(E) the Mayor of the District of Columbia;
                                                                  ‘‘(F) the Superintendent of Schools of the District of
                                                            Columbia;
                                                                  ‘‘(G) the Director of the National Park Service;
                                                                  ‘‘(H) the Secretary of Education;
                                                                  ‘‘(I) the Secretary of the Smithsonian Institution;
                                                                  ‘‘(J)(i) the Speaker and the Minority Leader of the
                                                            House of Representatives;
                                                                  ‘‘(ii) the chairman and ranking minority member of
                                                            the Committee on Public Works and Transportation of
                                                            the House of Representatives; and
                                                                  ‘‘(iii) three additional Members of the House of Rep-
                                                            resentatives appointed by the Speaker of the House of
                                                            Representatives;
                                                                  ‘‘(K)(i) the Majority Leader and the Minority Leader
                                                            of the Senate;
                                                                  ‘‘(ii) the chairman and ranking minority member of
                                                            the Committee on Environment and Public Works of the
                                                            Senate; and
                                                                  ‘‘(iii) three additional Members of the Senate appointed
                                                            by the President of the Senate; and
                                                                  ‘‘(L) thirty-six general trustees, who shall be citizens
                                                            of the United States, to be appointed in accordance with
                                                            subsection (b).’’.
                          Applicability.               (b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES.—Section
                          20 USC 76h note.        2(b) of the John F. Kennedy Center Act (20 U.S.C. 76h(b)) shall
                                                  apply to each general trustee of the John F. Kennedy Center for
                                                  the Performing Arts whose position is established by the amend-
                                                  ment made by subsection (a)(2) (referred to in this subsection as
                                                  a ‘‘new general trustee’’), except that the initial term of office
                                                  of each new general trustee shall—
                          Effective date.                   (1) commence on the date on which the new general trustee
                          President.                   is appointed by the President; and
                          Termination                       (2) terminate on September 1, 2007.
                          date.




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                                             PUBLIC LAW 107–117—JAN. 10, 2002                                            115 STAT. 2355

                              This Act may be cited as the ‘‘Department of Defense and
                          Emergency Supplemental Appropriations for Recovery from and
                          Response to Terrorist Attacks on the United States Act, 2002’’.

                             Approved January 10, 2002.




                          LEGISLATIVE HISTORY—H.R. 3338:
                          HOUSE REPORTS: Nos. 107–298 (Comm. on Appropriations) and 107–350
                                                (Comm. of Conference).
                          SENATE REPORTS: No. 107–109 (Comm. on Appropriations).
                          CONGRESSIONAL RECORD, Vol. 147 (2001):
                               Nov. 28, considered and passed House.
                               Dec. 6, 7, considered and passed Senate, amended.
                               Dec. 20, House and Senate agreed to conference report.
                          WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
                               Jan. 10, Presidential remarks and statement.

                                                                           Æ




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