HR 3338 EAS
In the Senate of the United States,
December 7, 2001.
Resolved, That the bill from the House of Representatives (H.R.
3338) entitled `An Act making appropriations for the Department of Defense for
the fiscal year ending September 30, 2002, and for other purposes.', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending September 30,
2002, for military functions administered by the Department of Defense, and
for other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Army on active duty
(except members of reserve components provided for elsewhere), cadets, and
aviation cadets; and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social
Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military
Retirement Fund, $23,446,734,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Navy on active duty
(except members of the Reserve provided for elsewhere), midshipmen, and
aviation cadets; and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social
Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military
Retirement Fund, $19,465,964,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for elsewhere); and for
payments pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C.
402 note), to section 229(b) of the Social Security Act (42 U.S.C. 429(b)),
and to the Department of Defense Military Retirement Fund,
$7,335,370,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of temporary duty
travel between permanent duty stations, for members of the Air Force on active
duty (except members of reserve components provided for elsewhere), cadets,
and aviation cadets; and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), to section 229(b) of the Social
Security Act (42 U.S.C. 429(b)), and to the Department of Defense Military
Retirement Fund, $20,032,704,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve on active duty under
sections 10211, 10302, and 3038 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and for members of the Reserve
Officers' Training Corps, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of Defense Military
Retirement Fund, $2,670,197,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy Reserve on active duty under
section 10211 of title 10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Reserve Officers' Training Corps, and expenses
authorized by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund, $1,650,523,000.
Reserve Personnel, Marine Corps
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Marine Corps Reserve on active duty
under section 10211 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or while performing
drills or equivalent duty, and for members of the Marine Corps platoon leaders
class, and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement Fund,
$466,300,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air Force Reserve on active duty under
sections 10211, 10305, and 8038 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and for members of the Air Reserve
Officers' Training Corps, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,061,160,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty under
section 10211, 10302, or 12402 of title 10 or section 708 of title 32, United
States Code, or while serving on duty under section 12301(d) of title 10 or
section 502(f) of title 32, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code, or while
undergoing training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement Fund,
$4,052,695,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under section
10211, 10305, or 12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of title 10 or section
502(f) of title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or while
undergoing training, or while performing drills or equivalent duty or other
duty, and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military Retirement Fund,
$1,783,744,000.
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Army, as authorized by law; and not to exceed
$10,794,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential military
purposes, $22,941,588,000.
Operation and Maintenance, Navy
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Navy and the Marine Corps, as authorized by law; and
not to exceed $4,569,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary of the
Navy, and payments may be made on his certificate of necessity for
confidential military purposes, $27,038,067,000.
Operation and Maintenance, Marine Corps
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Marine Corps, as authorized by law,
$2,903,863,000.
Operation and Maintenance, Air Force
For expenses, not otherwise provided for, necessary for the operation
and maintenance of the Air Force, as authorized by law; and not to exceed
$7,998,000 can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the Air Force, and
payments may be made on his certificate of necessity for confidential military
purposes, $26,303,436,000.
Operation and Maintenance, Defense-Wide
For expenses, not otherwise provided for, necessary for the operation
and maintenance of activities and agencies of the Department of Defense (other
than the military departments), as authorized by law, $12,864,644,000, of
which not to exceed $25,000,000 may be available for the CINC initiative fund
account; and of which not to exceed $33,500,000 can be used for emergencies
and extraordinary expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his certificate of necessity
for confidential military purposes.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration, of the
Army Reserve; repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruiting; procurement
of services, supplies, and equipment; and communications,
$1,771,246,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration, of the
Navy Reserve; repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruiting; procurement
of services, supplies, and equipment; and communications,
$1,003,690,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration, of the
Marine Corps Reserve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead; recruiting;
procurement of services, supplies, and equipment; and communications,
$144,023,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the operation
and maintenance, including training, organization, and administration, of the
Air Force Reserve; repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; recruiting; procurement
of services, supplies, and equipment; and communications,
$2,023,866,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related expenses
in non-Federal hospitals; maintenance, operation, and repairs to structures
and facilities; hire of passenger motor vehicles; personnel services in the
National Guard Bureau; travel expenses (other than mileage), as authorized by
law for Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in compliance with
National Guard Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army National Guard as
authorized by law; and expenses of repair, modification, maintenance, and
issue of supplies and equipment (including aircraft), $3,743,808,000.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal hospitals;
maintenance, operation, repair, and other necessary expenses of facilities for
the training and administration of the Air National Guard, including repair of
facilities, maintenance, operation, and modification of aircraft;
transportation of things, hire of passenger motor vehicles; supplies,
materials, and equipment, as authorized by law for the Air National Guard; and
expenses incident to the maintenance and use of supplies, materials, and
equipment, including such as may be furnished from stocks under the control of
agencies of the Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard personnel on active
Federal duty, for Air National Guard commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically authorized
by the Chief, National Guard Bureau, $3,998,361,000.
United States Courts of Appeals for the Armed Forces
For salaries and expenses necessary for the United States Court of
Appeals for the Armed Forces, $9,096,000, of which not to exceed $2,500 can be
used for official representation purposes.
Environmental Restoration, Army
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $389,800,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of the Army, or for similar purposes, transfer the
funds made available by this appropriation to other appropriations made
available to the Department of the Army, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Navy
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $257,517,000, to remain available
until transferred: Provided, That the Secretary of the Navy shall,
upon determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of the Navy, or for similar purposes, transfer the
funds made available by this appropriation to other appropriations made
available to the Department of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Air Force
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $385,437,000, to remain available
until transferred: Provided, That the Secretary of the Air Force
shall, upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal of unsafe
buildings and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this appropriation to other
appropriations made available to the Department of the Air Force, to be merged
with and to be available for the same purposes and for the same time period as
the appropriations to which transferred: Provided further, That upon
a determination that all or part of the funds transferred from this
appropriation are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
Environmental Restoration, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $23,492,000, to remain available until
transferred: Provided, That the Secretary of Defense shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings and
debris of the Department of Defense, or for similar purposes, transfer the
funds made available by this appropriation to other appropriations made
available to the Department of Defense, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to
which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred back to this
appropriation.
Environmental Restoration, Formerly Used Defense Sites
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $230,255,000, to remain available
until transferred: Provided, That the Secretary of the Army shall,
upon determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings and
debris at sites formerly used by the Department of Defense, transfer the funds
made available by this appropriation to other appropriations made available to
the Department of the Army, to be merged with and to be available for the same
purposes and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that all or
part of the funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred back to this
appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian, Disaster, and
Civic Aid programs of the Department of Defense (consisting of the programs
provided under sections 401, 402, 404, 2547, and 2551 of title 10, United
States Code), $44,700,000, to remain available until September 30,
2003.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union, including
assistance provided by contract or by grants, for facilitating the elimination
and the safe and secure transportation and storage of nuclear, chemical and
other weapons; for establishing programs to prevent the proliferation of
weapons, weapons components, and weapon-related technology and expertise; for
programs relating to the training and support of defense and military
personnel for demilitarization and protection of weapons, weapons components
and weapons technology and expertise, and for defense and military contacts,
$357,000,000, to remain available until September 30, 2004: Provided,
That of the amounts provided under this heading, $15,000,000 shall be
available only to support the dismantling and disposal of nuclear submarines
and submarine reactor components in the Russian Far East.
Support for International Sporting Competitions, Defense
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only for members
of the Reserve Components of the Armed Forces of the United States called or
ordered to active duty in connection with providing such support),
$15,800,000, to remain available until expended.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground handling
equipment, spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,893,891,000, to remain available for obligation until
September 30, 2004.
Missile Procurement, Army
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground handling
equipment, spare parts, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes, $1,774,154,000, to remain available for obligation until
September 30, 2004.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification of weapons
and tracked combat vehicles, equipment, including ordnance, spare parts, and
accessories therefor; specialized equipment and training devices; expansion of
public and private plants, including the land necessary therefor, for the
foregoing purposes, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes,
$2,174,546,000, to remain available for obligation until September 30,
2004.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon prior
to approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $1,171,465,000, to remain available for
obligation until September 30, 2004.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles; the
purchase of not to exceed 29 passenger motor vehicles for replacement only;
and the purchase of 3 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but not to
exceed $200,000 per vehicle; communications and electronic equipment; other
support equipment; spare parts, ordnance, and accessories therefor;
specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,160,186,000, to remain
available for obligation until September 30, 2004.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts, and
accessories therefor; specialized equipment; expansion of public and private
plants, including the land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant and Government
and contractor-owned equipment layaway, $8,030,043,000, to remain available
for obligation until September 30, 2004.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related support
equipment including spare parts, and accessories therefor; expansion of public
and private plants, including the land necessary therefor, and such lands and
interests therein, may be acquired, and construction prosecuted thereon prior
to approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway, $1,478,075,000, to remain
available for obligation until September 30, 2004.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon prior
to approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $442,799,000, to remain available for
obligation until September 30, 2004.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and armament
thereof, plant equipment, appliances, and machine tools and installation
thereof in public and private plants; reserve plant and Government and
contractor-owned equipment layaway; procurement of critical, long leadtime
components and designs for vessels to be constructed or converted in the
future; and expansion of public and private plants, including land necessary
therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as
follows:
Carrier Replacement Program (AP), $138,890,000;
CVN Refuelings, $1,118,124,000;
CVN Refuelings (AP), $73,707,000;
Submarine Refuelings, $382,265,000;
Submarine Refuelings (AP), $77,750,000;
DDG-51 destroyer program, $2,966,036,000;
Cruiser conversion (AP), $458,238,000;
LPD-17 (AP), $155,000,000;
LCAC landing craft air cushion program, $52,091,000;
Prior year shipbuilding costs, $725,000,000; and
For craft, outfitting, post delivery, conversions, and first
destination transformation transportation, $307,230,000;
In all: $9,294,211,000, to remain available for obligation until
September 30, 2006: Provided, That additional obligations may be
incurred after September 30, 2006, for engineering services, tests,
evaluations, and other such budgeted work that must be performed in the final
stage of ship construction: Provided further, That none of the funds
provided under this heading for the construction or conversion of any naval
vessel to be constructed in shipyards in the United States shall be expended
in foreign facilities for the construction of major components of such vessel:
Provided further, That none of the funds provided under this heading
shall be used for the construction of any naval vessel in foreign
shipyards.
Other Procurement, Navy
For procurement, production, and modernization of support equipment
and materials not otherwise provided for, Navy ordnance (except ordnance for
new aircraft, new ships, and ships authorized for conversion); the purchase of
not to exceed 152 passenger motor vehicles for replacement only, and the
purchase of five vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but not to
exceed $200,000 per unit for two units and not to exceed $115,000 per unit for
the remaining three units; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and machine tools in
public and private plants; reserve plant and Government and contractor-owned
equipment layaway, $4,146,338,000, to remain available for obligation until
September 30, 2004.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare parts, and
accessories therefor; plant equipment, appliances, and machine tools, and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; vehicles for the Marine
Corps, including the purchase of not to exceed 25 passenger motor vehicles for
replacement only; and expansion of public and private plants, including land
necessary therefor, and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, $974,054,000, to
remain available for obligation until September 30, 2004.
Aircraft Procurement, Air Force
For construction, procurement, lease, and modification of aircraft and
equipment, including armor and armament, specialized ground handling
equipment, and training devices, spare parts, and accessories therefor;
specialized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in such plants, erection
of structures, and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of things,
$10,617,332,000, to remain available for obligation until September 30,
2004.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and acquisition
of land, for the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes including rents and
transportation of things, $3,657,522,000, to remain available for obligation
until September 30, 2004.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including ammunition
facilities authorized by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon prior
to approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes, $873,344,000, to remain available for
obligation until September 30, 2004.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts therefor,
not otherwise provided for; the purchase of not to exceed 216 passenger motor
vehicles for replacement only, and the purchase of three vehicles required for
physical security of personnel, notwithstanding price limitations applicable
to passenger vehicles but not to exceed $200,000; lease of passenger motor
vehicles; and expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon, prior to
approval of title; reserve plant and Government and contractor-owned equipment
layaway, $8,144,174,000, to remain available for obligation until September
30, 2004.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments) necessary for procurement, production,
and modification of equipment, supplies, materials, and spare parts therefor,
not otherwise provided for; the purchase of not to exceed 115 passenger motor
vehicles for replacement only; the purchase of 10 vehicles required for
physical security of personnel, notwithstanding price limitations applicable
to passenger vehicles but not to exceed $250,000 per vehicle; expansion of
public and private plants, equipment, and installation thereof in such plants,
erection of structures, and acquisition of land for the foregoing purposes,
and such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway, $1,473,795,000, to remain available
for obligation until September 30, 2004.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections 108,
301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2078,
2091, 2092, and 2093), $15,000,000 to remain available until expended, of
which, $3,000,000 may be used for a Processible Rigid-Rod Polymeric Material
Supplier Initiative under title III of the Defense Production Act of 1950 (50
U.S.C. App. 2091 et seq.) to develop affordable production methods and a
domestic supplier for military and commercial processible rigid-rod
materials.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve components of
the Armed Forces, $560,505,000, to remain available for obligation until
September 30, 2004: Provided, That the Chiefs of the Reserve and
National Guard components shall, not later than 30 days after the enactment of
this Act, individually submit to the congressional defense committees the
modernization priority assessment for their respective Reserve or National
Guard component.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $6,742,123,000, to remain
available for obligation until September 30, 2003.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $10,742,710,000, to remain
available for obligation until September 30, 2003.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance, rehabilitation,
lease, and operation of facilities and equipment, $13,859,401,000, to remain
available for obligation until September 30, 2003.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of Defense
(other than the military departments), necessary for basic and applied
scientific research, development, test and evaluation; advanced research
projects as may be designated and determined by the Secretary of Defense,
pursuant to law; maintenance, rehabilitation, lease, and operation of
facilities and equipment, $14,445,589,000, to remain available for obligation
until September 30, 2003.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation in the
direction and supervision of operational test and evaluation, including
initial operational test and evaluation which is conducted prior to, and in
support of, production decisions; joint operational testing and evaluation;
and administrative expenses in connection therewith, $216,855,000, to remain
available for obligation until September 30, 2003.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds; $1,826,986,000: Provided,
That during fiscal year 2002, funds in the Defense Working Capital Funds
may be used for the purchase of not to exceed 330 passenger carrying motor
vehicles for replacement only for the Defense Security Service.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and activities,
and for expenses of the National Defense Reserve Fleet, as established by
section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),
$407,408,000, to remain available until expended: Provided, That none
of the funds provided in this paragraph shall be used to award a new contract
that provides for the acquisition of any of the following major components
unless such components are manufactured in the United States: auxiliary
equipment, including pumps, for all shipboard services; propulsion system
components (that is; engines, reduction gears, and propellers); shipboard
cranes; and spreaders for shipboard cranes: Provided further, That
the exercise of an option in a contract awarded through the obligation of
previously appropriated funds shall not be considered to be the award of a new
contract: Provided further, That the Secretary of the military
department responsible for such procurement may waive the restrictions in the
first proviso on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must be
made in order to acquire capability for national security purposes.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health care
programs of the Department of Defense, as authorized by law, $18,376,404,000,
of which $17,656,185,000 shall be for Operation and maintenance, of which not
to exceed 2 percent shall remain available until September 30, 2003; of which
$267,915,000, to remain available for obligation until September 30, 2004,
shall be for Procurement; of which $452,304,000, to remain available for
obligation until September 30, 2003, shall be for Research, development, test
and evaluation.
Chemical Agents and Munitions Destruction, Army
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents and
munitions in accordance with the provisions of section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the chemical weapon
stockpile, $1,104,557,000, of which $739,020,000 shall be for Operation and
maintenance to remain available until September 30, 2003, $164,158,000 shall
be for Procurement to remain available until September 30, 2004, and
$201,379,000 shall be for Research, development, test and evaluation to remain
available until September 30, 2003.
Drug Interdiction and Counter-Drug Activities, Defense
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of the Department of
Defense, for transfer to appropriations available to the Department of Defense
for military personnel of the reserve components serving under the provisions
of title 10 and title 32, United States Code; for Operation and maintenance;
for Procurement; and for Research, development, test and evaluation,
$865,981,000: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period and for the
same purpose as the appropriation to which transferred: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority contained elsewhere in
this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as amended,
$152,021,000, of which $150,221,000 shall be for Operation and maintenance, of
which not to exceed $700,000 is available for emergencies and extraordinary
expenses to be expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General's certificate of necessity
for confidential military purposes; and of which $1,800,000 to remain
available until September 30, 2004, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY
Central Intelligence Agency Retirement and Disability System
Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for continuing
the operation of the Central Intelligence Agency Retirement and Disability
System, $212,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
Intelligence Community Management Account
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community Management
Account, $144,776,000, of which $28,003,000 for the Advanced Research and
Development Committee shall remain available until September 30, 2003:
Provided, That of the funds appropriated under this heading,
$27,000,000 shall be transferred to the Department of Justice for the National
Drug Intelligence Center to support the Department of Defense's counter-drug
intelligence responsibilities, and of the said amount, $1,500,000 for
Procurement shall remain available until September 30, 2004, and $1,000,000
for Research, development, test and evaluation shall remain available until
September 30, 2003: Provided further, That the National Drug
Intelligence Center shall maintain the personnel and technical resources to
provide timely support to law enforcement authorities to conduct document
exploitation of materials collected in Federal, State, and local law
enforcement activity.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law, $75,000,000, to remain
available until expended.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183, $8,000,000, to
be derived from the National Security Education Trust Fund, to remain
available until expended.
TITLE VIII
GENERAL PROVISIONS--DEPARTMENT OF DEFENSE
SEC. 8001. No part of any appropriation contained in this Act shall be
used for publicity or propaganda purposes not authorized by the
Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of, any person not a
citizen of the United States shall not apply to personnel of the Department of
Defense: Provided, That salary increases granted to direct and
indirect hire foreign national employees of the Department of Defense funded
by this Act shall not be at a rate in excess of the percentage increase
authorized by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5, United States
Code, or at a rate in excess of the percentage increase provided by the
appropriate host nation to its own employees, whichever is higher:
Provided further, That this section shall not apply to Department of
Defense foreign service national employees serving at United States diplomatic
missions whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of Defense in
the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations in this Act
which are limited for obligation during the current fiscal year shall be
obligated during the last 2 months of the fiscal year: Provided, That
this section shall not apply to obligations for support of active duty
training of reserve components or summer camp training of the Reserve
Officers' Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of Defense that such
action is necessary in the national interest, he may, with the approval of the
Office of Management and Budget, transfer not to exceed $1,500,000,000 of
working capital funds of the Department of Defense or funds made available in
this Act to the Department of Defense for military functions (except military
construction) between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes, and for the same
time period, as the appropriation or fund to which transferred:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for which
funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress promptly
of all transfers made pursuant to this authority or any other authority in
this Act: Provided further, That no part of the funds in this Act
shall be available to prepare or present a request to the Committees on
Appropriations for reprogramming of funds, unless for higher priority items,
based on unforeseen military requirements, than those for which originally
appropriated and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further, That a
request for multiple reprogrammings of funds using authority provided in this
section must be made prior to March 31, 2002.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash balances in working
capital funds of the Department of Defense established pursuant to section
2208 of title 10, United States Code, may be maintained in only such amounts
as are necessary at any time for cash disbursements to be made from such
funds: Provided, That transfers may be made between such funds:
Provided further, That transfers may be made between working capital
funds and the `Foreign Currency Fluctuations, Defense' appropriation and the
`Operation and Maintenance' appropriation accounts in such amounts as may be
determined by the Secretary of Defense, with the approval of the Office of
Management and Budget, except that such transfers may not be made unless the
Secretary of Defense has notified the Congress of the proposed transfer.
Except in amounts equal to the amounts appropriated to working capital funds
in this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless the
Secretary of Defense has notified the Congress prior to any such
obligation.
SEC. 8007. Funds appropriated by this Act may not be used to initiate
a special access program without prior notification 30 calendar days in
session in advance to the congressional defense committees.
SEC. 8008. None of the funds provided in this Act shall be available
to initiate: (1) a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year of the contract or that
includes an unfunded contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000 in any 1 year,
unless the congressional defense committees have been notified at least 30
days in advance of the proposed contract award: Provided, That no
part of any appropriation contained in this Act shall be available to initiate
a multiyear contract for which the economic order quantity advance procurement
is not funded at least to the limits of the Government's liability:
Provided further, That no part of any appropriation contained in this
Act shall be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract would
exceed $500,000,000 unless specifically provided in this Act: Provided
further, That no multiyear procurement contract can be terminated without
10-day prior notification to the congressional defense committees:
Provided further, That the execution of multiyear authority shall
require the use of a present value analysis to determine lowest cost compared
to an annual procurement.
Funds appropriated in title III of this Act may be used for multiyear
procurement contracts as follows:
SEC. 8009. Within the funds appropriated for the operation and
maintenance of the Armed Forces, funds are hereby appropriated pursuant to
section 401 of title 10, United States Code, for humanitarian and civic
assistance costs under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance costs incidental
to authorized operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations shall be
reported to the Congress on September 30 of each year: Provided, That
funds available for operation and maintenance shall be available for providing
humanitarian and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by Public Law
99-239: Provided further, That upon a determination by the Secretary
of the Army that such action is beneficial for graduate medical education
programs conducted at Army medical facilities located in Hawaii, the Secretary
of the Army may authorize the provision of medical services at such facilities
and transportation to such facilities, on a nonreimbursable basis, for
civilian patients from American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated States of Micronesia,
Palau, and Guam.
SEC. 8010. (a) During fiscal year 2002, the civilian personnel of the
Department of Defense may not be managed on the basis of any end-strength, and
the management of such personnel during that fiscal year shall not be subject
to any constraint or limitation (known as an end-strength) on the number of
such personnel who may be employed on the last day of such fiscal
year.
(b) The fiscal year 2003 budget request for the Department of Defense
as well as all justification material and other documentation supporting the
fiscal year 2002 Department of Defense budget request shall be prepared and
submitted to the Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2003.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
SEC. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of Defense to
exceed, outside the 50 United States, its territories, and the District of
Columbia, 125,000 civilian workyears: Provided, That workyears shall
be applied as defined in the Federal Personnel Manual: Provided
further, That workyears expended in dependent student hiring programs for
disadvantaged youths shall not be included in this workyear
limitation.
SEC. 8012. None of the funds made available by this Act shall be used
in any way, directly or indirectly, to influence congressional action on any
legislation or appropriation matters pending before the Congress.
SEC. 8013. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this subsection
shall not apply to those members who have reenlisted with this option prior to
October 1, 1987: Provided further, That this subsection applies only
to active components of the Army.
SEC. 8014. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function of the
Department of Defense that, on or after the date of the enactment of this Act,
is performed by more than 10 Department of Defense civilian employees until a
most efficient and cost-effective organization analysis is completed on such
activity or function and certification of the analysis is made to the
Committees on Appropriations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and (c) of 10
U.S.C. 2461 shall not apply to a commercial or industrial type function of the
Department of Defense that: (1) is included on the procurement list
established pursuant to section 2 of the Act of June 25, 1938 (41 U.S.C. 47),
popularly referred to as the Javits-Wagner-O'Day Act; (2) is planned to be
converted to performance by a qualified nonprofit agency for the blind or by a
qualified nonprofit agency for other severely handicapped individuals in
accordance with that Act; or (3) is planned to be converted to performance by
a qualified firm under 51 percent ownership by an Indian tribe, as defined in
section 450b(e) of title 25, United States Code, or a Native Hawaiian
organization, as defined in section 637(a)(15) of title 15, United States
Code.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Protege Program may be transferred to any
other appropriation contained in this Act solely for the purpose of
implementing a Mentor-Protege Program developmental assistance agreement
pursuant to section 831 of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as amended, under the
authority of this provision or any other transfer authority contained in this
Act.
SEC. 8016. None of the funds in this Act may be available for the
purchase by the Department of Defense (and its departments and agencies) of
welded shipboard anchor and mooring chain 4 inches in diameter and under
unless the anchor and mooring chain are manufactured in the United States from
components which are substantially manufactured in the United States:
Provided, That for the purpose of this section manufactured will
include cutting, heat treating, quality control, testing of chain and welding
(including the forging and shot blasting process): Provided further,
That for the purpose of this section substantially all of the components of
anchor and mooring chain shall be considered to be produced or manufactured in
the United States if the aggregate cost of the components produced or
manufactured in the United States exceeds the aggregate cost of the components
produced or manufactured outside the United States: Provided further,
That when adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appropriations that such
an acquisition must be made in order to acquire capability for national
security purposes.
SEC. 8017. None of the funds appropriated by this Act available for
the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) or
TRICARE shall be available for the reimbursement of any health care provider
for inpatient mental health service for care received when a patient is
referred to a provider of inpatient mental health care or residential
treatment care by a medical or health care professional having an economic
interest in the facility to which the patient is referred: Provided,
That this limitation does not apply in the case of inpatient mental health
services provided under the program for persons with disabilities under
subsection (d) of section 1079 of title 10, United States Code, provided as
partial hospital care, or provided pursuant to a waiver authorized by the
Secretary of Defense because of medical or psychological circumstances of the
patient that are confirmed by a health professional who is not a Federal
employee after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient, the
intensity of services required by the patient, and the availability of that
care.
SEC. 8018. Funds available in this Act and hereafter may be used to
provide transportation for the next-of-kin of individuals who have been
prisoners of war or missing in action from the Vietnam era to an annual
meeting in the United States, under such regulations as the Secretary of
Defense may prescribe.
SEC. 8019. Notwithstanding any other provision of law, during the
current fiscal year, the Secretary of Defense may, by executive agreement,
establish with host nation governments in NATO member states a separate
account into which such residual value amounts negotiated in the return of
United States military installations in NATO member states may be deposited,
in the currency of the host nation, in lieu of direct monetary transfers to
the United States Treasury: Provided, That such credits may be
utilized only for the construction of facilities to support United States
military forces in that host nation, or such real property maintenance and
base operating costs that are currently executed through monetary transfers to
such host nations: Provided further, That the Department of Defense's
budget submission for fiscal year 2002 shall identify such sums anticipated in
residual value settlements, and identify such construction, real property
maintenance or base operating costs that shall be funded by the host nation
through such credits: Provided further, That all military
construction projects to be executed from such accounts must be previously
approved in a prior Act of Congress: Provided further, That each such
executive agreement with a NATO member host nation shall be reported to the
congressional defense committees, the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations of the
Senate 30 days prior to the conclusion and endorsement of any such agreement
established under this provision.
SEC. 8020. None of the funds available to the Department of Defense
may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand rifles,
M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.
SEC. 8021. No more than $500,000 of the funds appropriated or made
available in this Act shall be used during a single fiscal year for any single
relocation of an organization, unit, activity or function of the Department of
Defense into or within the National Capital Region: Provided, That
the Secretary of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the congressional defense committees that such a
relocation is required in the best interest of the Government.
SEC. 8022. In addition to the funds provided elsewhere in this Act,
$8,000,000 is appropriated only for incentive payments authorized by section
504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That a subcontractor at any tier shall be considered a contractor for the
purposes of being allowed additional compensation under section 504 of the
Indian Financing Act of 1974 (25 U.S.C. 1544).
SEC. 8023. During the current fiscal year and hereafter, funds
appropriated or otherwise available for any Federal agency, the Congress, the
judicial branch, or the District of Columbia may be used for the pay,
allowances, and benefits of an employee as defined by section 2105 of title 5,
United States Code, or an individual employed by the government of the
District of Columbia, permanent or temporary indefinite, who--
(1) is a member of a Reserve component of the Armed Forces, as
described in section 10101 of title 10, United States Code, or the National
Guard, as described in section 101 of title 32, United States
Code;
(2) performs, for the purpose of providing military aid to enforce
the law or providing assistance to civil authorities in the protection or
saving of life or property or prevention of injury--
(A) Federal service under sections 331, 332, 333, or 12406 of
title 10, United States Code, or other provision of law, as applicable;
or
(B) full-time military service for his or her State, the District
of Columbia, the Commonwealth of Puerto Rico, or a territory of the United
States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard to the
provisions of sections 5519 and 6323(b) of title 5, United States Code, if
such employee is otherwise entitled to such annual leave:
Provided, That any employee who requests leave under
subsection (3)(A) for service described in subsection (2) of this section is
entitled to such leave, subject to the provisions of this section and of the
last sentence of section 6323(b) of title 5, United States Code, and such
leave shall be considered leave under section 6323(b) of title 5, United
States Code.
SEC. 8024. None of the funds appropriated by this Act shall be
available to perform any cost study pursuant to the provisions of OMB Circular
A-76 if the study being performed exceeds a period of 24 months after
initiation of such study with respect to a single function activity or 48
months after initiation of such study for a multi-function activity.
SEC. 8025. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
SEC. 8026. Notwithstanding any other provision of law or regulation,
the Secretary of Defense may adjust wage rates for civilian employees hired
for certain health care occupations as authorized for the Secretary of
Veterans Affairs by section 7455 of title 38, United States Code.
SEC. 8027. Of the funds made available in this Act, not less than
$61,100,000 shall be available to maintain an attrition reserve force of 18
B-52 aircraft, of which $3,300,000 shall be available from `Military
Personnel, Air Force', $37,400,000 shall be available from `Operation and
Maintenance, Air Force', and $20,400,000 shall be available from `Aircraft
Procurement, Air Force': Provided, That the Secretary of the Air
Force shall maintain a total force of 94 B-52 aircraft, including 18 attrition
reserve aircraft, during fiscal year 2002: Provided further, That the
Secretary of Defense shall include in the Air Force budget request for fiscal
year 2003 amounts sufficient to maintain a B-52 force totaling 94
aircraft.
SEC. 8028. (a) Of the funds for the procurement of supplies or
services appropriated by this Act, qualified nonprofit agencies for the blind
or other severely handicapped shall be afforded the maximum practicable
opportunity to participate as subcontractors and suppliers in the performance
of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting plan for
the participation by small business concerns pursuant to section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) shall be given credit toward meeting
that subcontracting goal for any purchases made from qualified nonprofit
agencies for the blind or other severely handicapped.
(c) For the purpose of this section, the phrase `qualified nonprofit
agency for the blind or other severely handicapped' means a nonprofit agency
for the blind or other severely handicapped that has been approved by the
Committee for the Purchase from the Blind and Other Severely Handicapped under
the Javits-Wagner-O'Day Act (41 U.S.C. 46-48).
SEC. 8029. During the current fiscal year, net receipts pursuant to
collections from third party payers pursuant to section 1095 of title 10,
United States Code, shall be made available to the local facility of the
uniformed services responsible for the collections and shall be over and above
the facility's direct budget amount.
SEC. 8030. During the current fiscal year, the Department of Defense
is authorized to incur obligations of not to exceed $350,000,000 for purposes
specified in section 2350j(c) of title 10, United States Code, in anticipation
of receipt of contributions, only from the Government of Kuwait, under that
section: Provided, That upon receipt, such contributions from the
Government of Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8031. Of the funds made available in this Act, not less than
$24,303,000 shall be available for the Civil Air Patrol Corporation, of which
$22,803,000 shall be available for Civil Air Patrol Corporation operation and
maintenance to support readiness activities which includes $1,500,000 for the
Civil Air Patrol counterdrug program: Provided, That funds identified
for `Civil Air Patrol' under this section are intended for and shall be for
the exclusive use of the Civil Air Patrol Corporation and not for the Air
Force or any unit thereof.
SEC. 8032. (a) None of the funds appropriated in this Act are
available to establish a new Department of Defense (department) federally
funded research and development center (FFRDC), either as a new entity, or as
a separate entity administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a consortium of other
FFRDCs and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers, Advisory
Group, Special Issues Panel, Visiting Committee, or any similar entity of a
defense FFRDC, and no paid consultant to any defense FFRDC, except when acting
in a technical advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more than one FFRDC in
a fiscal year: Provided, That a member of any such entity referred to
previously in this subsection shall be allowed travel expenses and per diem as
authorized under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2002 may be
used by a defense FFRDC, through a fee or other payment mechanism, for
construction of new buildings, for payment of cost sharing for projects funded
by Government grants, for absorption of contract overruns, or for certain
charitable contributions, not to include employee participation in community
service and/or development.
(d) Notwithstanding any other provision of law, of the funds available
to the department during fiscal year 2002, not more than 6,227 staff years of
technical effort (staff years) may be funded for defense FFRDCs:
Provided, That of the specific amount referred to previously in this
subsection, not more than 1,029 staff years may be funded for the defense
studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2003 budget request, submit a report presenting the
specific amounts of staff years of technical effort to be allocated for each
defense FFRDC during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total amount
appropriated in this Act for FFRDCs is hereby reduced by $60,000,000.
SEC. 8033. None of the funds appropriated or made available in this
Act shall be used to procure carbon, alloy or armor steel plate for use in any
Government-owned facility or property under the control of the Department of
Defense which were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to any and
all Federal Supply Class 9515, American Society of Testing and Materials
(ASTM) or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of Defense requirements
on a timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in being as of
the date of the enactment of this Act.
SEC. 8034. For the purposes of this Act, the term `congressional
defense committees' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the Subcommittee
on Defense of the Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of the House of
Representatives.
SEC. 8035. During the current fiscal year, the Department of Defense
may acquire the modification, depot maintenance and repair of aircraft,
vehicles and vessels as well as the production of components and other
Defense-related articles, through competition between Department of Defense
depot maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or defense agency
concerned, with power of delegation, shall certify that successful bids
include comparable estimates of all direct and indirect costs for both public
and private bids: Provided further, That Office of Management and
Budget Circular A-76 shall not apply to competitions conducted under this
section.
SEC. 8036. (a)(1) If the Secretary of Defense, after consultation with
the United States Trade Representative, determines that a foreign country
which is party to an agreement described in paragraph (2) has violated the
terms of the agreement by discriminating against certain types of products
produced in the United States that are covered by the agreement, the Secretary
of Defense shall rescind the Secretary's blanket waiver of the Buy American
Act with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United States and
a foreign country pursuant to which the Secretary of Defense has prospectively
waived the Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a report on
the amount of Department of Defense purchases from foreign entities in fiscal
year 2001. Such report shall separately indicate the dollar value of items for
which the Buy American Act was waived pursuant to any agreement described in
subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a party.
(c) For purposes of this section, the term `Buy American Act' means
title III of the Act entitled `An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934, and for
other purposes', approved March 3, 1933 (41 U.S.C. 10a et seq.).
SEC. 8037. Appropriations contained in this Act that remain available
at the end of the current fiscal year as a result of energy cost savings
realized by the Department of Defense shall remain available for obligation
for the next fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8038. Amounts deposited during the current fiscal year to the
special account established under 40 U.S.C. 485(h)(2) and to the special
account established under 10 U.S.C. 2667(d)(1) are appropriated and shall be
available until transferred by the Secretary of Defense to current applicable
appropriations or funds of the Department of Defense under the terms and
conditions specified by 40 U.S.C. 485(h)(2)(A) and (B) and 10 U.S.C.
2667(d)(1)(B), to be merged with and to be available for the same time period
and the same purposes as the appropriation to which transferred.
SEC. 8039. The Under Secretary of Defense (Comptroller) shall submit
to the congressional defense committees by February 1, 2002, a detailed report
identifying, by amount and by separate budget activity, activity group,
subactivity group, line item, program element, program, project, subproject,
and activity, any activity for which the fiscal year 2003 budget request was
reduced because the Congress appropriated funds above the President's budget
request for that specific activity for fiscal year 2002.
SEC. 8040. Notwithstanding any other provision of law, funds available
for `Drug Interdiction and Counter-Drug Activities, Defense' may be obligated
for the Young Marines program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8041. During the current fiscal year, amounts contained in the
Department of Defense Overseas Military Facility Investment Recovery Account
established by section 2921(c)(1) of the National Defense Authorization Act of
1991 (Public Law 101-510; 10 U.S.C. 2687 note) shall be available until
expended for the payments specified by section 2921(c)(2) of that Act.
SEC. 8042. (a) IN GENERAL- Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air Force, without
consideration, to Indian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota relocatable military housing units located at
Grand Forks Air Force Base and Minot Air Force Base that are excess to the
needs of the Air Force.
(b) PROCESSING OF REQUESTS- The Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under subsection
(a) in accordance with the request for such units that are submitted to the
Secretary by the Operation Walking Shield Program on behalf of Indian tribes
located in the States of North Dakota, South Dakota, Montana, and
Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS- The Operation Walking Shield
program shall resolve any conflicts among requests of Indian tribes for
housing units under subsection (a) before submitting requests to the Secretary
of the Air Force under subsection (b).
(d) INDIAN TRIBE DEFINED- In this section, the term `Indian tribe'
means any recognized Indian tribe included on the current list published by
the Secretary of the Interior under section 104 of the Federally Recognized
Indian Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25 U.S.C.
479a-1).
SEC. 8043. During the current fiscal year, appropriations which are
available to the Department of Defense for operation and maintenance may be
used to purchase items having an investment item unit cost of not more than
$100,000.
SEC. 8044. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense Working Capital
Funds shall be used for the purchase of an investment item for the purpose of
acquiring a new inventory item for sale or anticipated sale during the current
fiscal year or a subsequent fiscal year to customers of the Department of
Defense Working Capital Funds if such an item would not have been chargeable
to the Department of Defense Business Operations Fund during fiscal year 1994
and if the purchase of such an investment item would be chargeable during the
current fiscal year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2003 budget request for the Department of Defense
as well as all justification material and other documentation supporting the
fiscal year 2003 Department of Defense budget shall be prepared and submitted
to the Congress on the basis that any equipment which was classified as an end
item and funded in a procurement appropriation contained in this Act shall be
budgeted for in a proposed fiscal year 2003 procurement appropriation and not
in the supply management business area or any other area or category of the
Department of Defense Working Capital Funds.
SEC. 8045. None of the funds appropriated by this Act for programs of
the Central Intelligence Agency shall remain available for obligation beyond
the current fiscal year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September 30, 2003:
Provided, That funds appropriated, transferred, or otherwise credited
to the Central Intelligence Agency Central Services Working Capital Fund
during this or any prior or subsequent fiscal year shall remain available
until expended.
SEC. 8046. Notwithstanding any other provision of law, funds made
available in this Act for the Defense Intelligence Agency may be used for the
design, development, and deployment of General Defense Intelligence Program
intelligence communications and intelligence information systems for the
Services, the Unified and Specified Commands, and the component
commands.
SEC. 8047. Of the funds appropriated by the Department of Defense
under the heading `Operation and Maintenance, Defense-Wide', not less than
$10,000,000 shall be made available only for the mitigation of environmental
impacts, including training and technical assistance to tribes, related
administrative support, the gathering of information, documenting of
environmental damage, and developing a system for prioritization of mitigation
and cost to complete estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
SEC. 8048. Amounts collected for the use of the facilities of the
National Science Center for Communications and Electronics during the current
fiscal year and hereafter pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986, and deposited to the special account
established under subsection 1459(g)(2) of that Act are appropriated and shall
be available until expended for the operation and maintenance of the Center as
provided for in subsection 1459(g)(2).
(TRANSFER OF FUNDS)
SEC. 8049. In addition to the amounts appropriated elsewhere in this
Act, $10,000,000 is hereby appropriated to the Department of Defense:
Provided, That at the direction of the Assistant Secretary of Defense
for Reserve Affairs, these funds shall be transferred to the Reserve component
personnel accounts in Title I of this Act: Provided further, That
these funds shall be used for incentive and bonus programs that address the
most pressing recruitment and retention issues in the Reserve
components.
SEC. 8050. (a) None of the funds appropriated in this Act may be
expended by an entity of the Department of Defense unless the entity, in
expending the funds, complies with the Buy American Act. For purposes of this
subsection, the term `Buy American Act' means title III of the Act entitled
`An Act making appropriations for the Treasury and Post Office Departments for
the fiscal year ending June 30, 1934, and for other purposes', approved March
3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a `Made in America'
inscription to any product sold in or shipped to the United States that is not
made in America, the Secretary shall determine, in accordance with section
2410f of title 10, United States Code, whether the person should be debarred
from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that
any entity of the Department of Defense, in expending the appropriation,
purchase only American-made equipment and products, provided that
American-made equipment and products are cost-competitive,
quality-competitive, and available in a timely fashion.
SEC. 8051. None of the funds appropriated by this Act shall be
available for a contract for studies, analysis, or consulting services entered
into without competition on the basis of an unsolicited proposal unless the
head of the activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one source is
found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological promise,
represents the product of original thinking, and was submitted in confidence
by one source; or
(3) the purpose of the contract is to take advantage of unique and
significant industrial accomplishment by a specific concern, or to insure
that a new product or idea of a specific concern is given financial
support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to which a
civilian official of the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the interest of the
national defense.
SEC. 8052. (a) Except as provided in subsections (b) and (c), none of
the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or civilian
employee of the department who is transferred or reassigned from a
headquarters activity if the member or employee's place of duty remains at
the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may
waive the limitations in subsection (a), on a case-by-case basis, if the
Secretary determines, and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting of the waiver will
reduce the personnel requirements or the financial requirements of the
department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
SEC. 8053. During the current fiscal year and hereafter, funds
appropriated or made available by the transfer of funds in this or subsequent
Appropriations Acts, for intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) until the enactment of the Intelligence
Authorization Act for that fiscal year and funds appropriated or made
available by transfer of funds in any subsequent Supplemental Appropriations
Act enacted after the enactment of the Intelligence Authorization Act for that
fiscal year are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).
SEC. 8054. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to lease real
and personal property at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other purposes:
Provided, That notwithstanding any other provision of law, the
Secretary of the Navy may remove hazardous materials from facilities,
buildings, and structures at Adak, Alaska, and may demolish or otherwise
dispose of such facilities, buildings, and structures.
(RESCISSIONS)
SEC. 8055. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded as of the date
of the enactment of this Act from the following accounts in the specified
amounts:
`Aircraft Procurement, Army, 2001/2003', $15,500,000;
`Aircraft Procurement, Air Force, 2001/2003',
$43,983,000;
`Missile Procurement, Air Force, 2001/2003', $58,550,000;
`Procurement, Defense-Wide, 2001/2003', $64,170,000;
`Research, Development, Test and Evaluation, Air Force, 2001/2002',
$13,450,000; and
`Research, Development, Test and Evaluation, Defense-Wide,
2001/2002', $5,664,000.
SEC. 8056. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) technicians of the
Army National Guard, the Air National Guard, Army Reserve and Air Force
Reserve for the purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military (civilian) technicians,
unless such reductions are a direct result of a reduction in military force
structure.
SEC. 8057. None of the funds appropriated or otherwise made available
in this Act may be obligated or expended for assistance to the Democratic
People's Republic of North Korea unless specifically appropriated for that
purpose.
SEC. 8058. During the current fiscal year, funds appropriated in this
Act are available to compensate members of the National Guard for duty
performed pursuant to a plan submitted by a Governor of a State and approved
by the Secretary of Defense under section 112 of title 32, United States Code:
Provided, That during the performance of such duty, the members of
the National Guard shall be under State command and control: Provided
further, That such duty shall be treated as full-time National Guard duty
for purposes of sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
SEC. 8059. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and other
expenses which would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard and Reserve
provide intelligence or counterintelligence support to Combatant Commands,
Defense Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Foreign Intelligence Program (NFIP),
the Joint Military Intelligence Program (JMIP), and the Tactical Intelligence
and Related Activities (TIARA) aggregate: Provided, That nothing in
this section authorizes deviation from established Reserve and National Guard
personnel and training procedures.
SEC. 8060. Notwithstanding any other provision of law, that not more
than 35 percent of funds provided in this Act, for environmental remediation
may be obligated under indefinite delivery/indefinite quantity contracts with
a total contract value of $130,000,000 or higher.
SEC. 8061. Of the funds made available under the heading `Operation
and Maintenance, Air Force', $12,000,000 shall be available to realign
railroad track on Elmendorf Air Force Base and Fort Richardson.
SEC. 8062. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug activities
may be transferred to any other department or agency of the United States
except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency for
any fiscal year for drug interdiction and counter-drug activities may be
transferred to any other department or agency of the United States except as
specifically provided in an appropriations law.
(TRANSFER OF FUNDS)
SEC. 8063. Appropriations available in this Act under the heading
`Operation and Maintenance, Defense-Wide' for increasing energy and water
efficiency in Federal buildings may, during their period of availability, be
transferred to other appropriations or funds of the Department of Defense for
projects related to increasing energy and water efficiency, to be merged with
and to be available for the same general purposes, and for the same time
period, as the appropriation or fund to which transferred.
SEC. 8064. None of the funds made available in this Act may be used
for the procurement of ball and roller bearings other than those produced by a
domestic source and of domestic origin: Provided, That the Secretary
of the military department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must be made in
order to acquire capability for national security purposes: Provided
further, That this restriction shall not apply to the purchase of
`commercial items', as defined by section 4(12) of the Office of Federal
Procurement Policy Act, except that the restriction shall apply to ball or
roller bearings purchased as end items.
SEC. 8065. Notwithstanding any other provision of law, funds available
to the Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to American
Samoa, and funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to the Indian Health Service when it is in conjunction
with a civil-military project.
SEC. 8066. None of the funds in this Act may be used to purchase any
supercomputer which is not manufactured in the United States, unless the
Secretary of Defense certifies to the congressional defense committees that
such an acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
SEC. 8067. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this or any
other Act.
SEC. 8068. Notwithstanding any other provision of law, each contract
awarded by the Department of Defense during the current fiscal year for
construction or service performed in whole or in part in a State (as defined
in section 381(d) of title 10, United States Code) which is not contiguous
with another State and has an unemployment rate in excess of the national
average rate of unemployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for the purpose of
performing that portion of the contract in such State that is not contiguous
with another State, individuals who are residents of such State and who, in
the case of any craft or trade, possess or would be able to acquire promptly
the necessary skills: Provided, That the Secretary of Defense may
waive the requirements of this section, on a case-by-case basis, in the
interest of national security.
SEC. 8069. Of the funds made available in this Act under the heading
`Operation and Maintenance, Defense-Wide', up to $5,000,000 shall be available
to provide assistance, by grant or otherwise, to public school systems that
have unusually high concentrations of special needs military dependents
enrolled: Provided, That in selecting school systems to receive such
assistance, special consideration shall be given to school systems in States
that are considered overseas assignments: Provided further, That up
to $2,000,000 shall be available for DOD to establish a non-profit trust fund
to assist in the public-private funding of public school repair and
maintenance projects, or provide directly to non-profit organizations who in
return will use these monies to provide assistance in the form of repair,
maintenance, or renovation to public school systems that have high
concentrations of special needs military dependents and are located in States
that are considered overseas assignments: Provided further, That to
the extent a federal agency provides this assistance, by contract, grant or
otherwise, it may accept and expend non-federal funds in combination with
these federal funds to provide assistance for the authorized purpose, if the
non-federal entity requests such assistance and the non-federal funds are
provided on a reimbursable basis.
SEC. 8070. (a) LIMITATION ON TRANSFER OF DEFENSE ARTICLES AND
SERVICES- Notwithstanding any other provision of law, none of the funds
available to the Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an international
organization any defense articles or services (other than intelligence
services) for use in the activities described in subsection (b) unless the
congressional defense committees, the Committee on International Relations of
the House of Representatives, and the Committee on Foreign Relations of the
Senate are notified 15 days in advance of such transfer.
(b) COVERED ACTIVITIES- This section applies to--
(1) any international peacekeeping or peace-enforcement operation
under the authority of chapter VI or chapter VII of the United Nations
Charter under the authority of a United Nations Security Council resolution;
and
(2) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.
(c) REQUIRED NOTICE- A notice under subsection (a) shall include the
following:
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or services
to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of all
elements of the Armed Forces (including the reserve components) for the
type of equipment or supplies to be transferred have been met;
and
(B) a statement of whether the items proposed to be transferred
will have to be replaced and, if so, how the President proposes to provide
funds for such replacement.
SEC. 8071. To the extent authorized by subchapter VI of chapter 148 of
title 10, United States Code, the Secretary of Defense may issue loan
guarantees in support of United States defense exports not otherwise provided
for: Provided, That the total contingent liability of the United
States for guarantees issued under the authority of this section may not
exceed $15,000,000,000: Provided further, That the exposure fees
charged and collected by the Secretary for each guarantee shall be paid by the
country involved and shall not be financed as part of a loan guaranteed by the
United States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations, Armed Services, and
Foreign Relations of the Senate and the Committees on Appropriations, Armed
Services, and International Relations in the House of Representatives on the
implementation of this program: Provided further, That amounts
charged for administrative fees and deposited to the special account provided
for under section 2540c(d) of title 10, shall be available for paying the
costs of administrative expenses of the Department of Defense that are
attributable to the loan guarantee program under subchapter VI of chapter 148
of title 10, United States Code.
SEC. 8072. None of the funds available to the Department of Defense
under this Act shall be obligated or expended to pay a contractor under a
contract with the Department of Defense for costs of any amount paid by the
contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the normal
salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.
SEC. 8073. (a) None of the funds appropriated or otherwise made
available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll for the
purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any obsolete
World War II chemical munition or agent of the United States found in the
World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a) during
a period of war in which the United States is a party.
SEC. 8074. Up to $3,000,000 of the funds appropriated under the
heading `Operation and Maintenance, Navy' in this Act for the Pacific Missile
Range Facility may be made available to contract for the repair, maintenance,
and operation of adjacent off-base water, drainage, and flood control systems
critical to base operations.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8075. During the current fiscal year, no more than $30,000,000 of
appropriations made in this Act under the heading `Operation and Maintenance,
Defense-Wide' may be transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available for the same time
period as the appropriations to which transferred, to be used in support of
such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense pursuant to
section 2012 of title 10, United States Code.
SEC. 8076. For purposes of section 1553(b) of title 31, United States
Code, any subdivision of appropriations made in this Act under the heading
`Shipbuilding and Conversion, Navy' shall be considered to be for the same
purpose as any subdivision under the heading `Shipbuilding and Conversion,
Navy' appropriations in any prior year, and the 1 percent limitation shall
apply to the total amount of the appropriation.
SEC. 8077. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period of
availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which has a
negative unliquidated or unexpended balance, an obligation or an adjustment of
an obligation may be charged to any current appropriation account for the same
purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable (except as to
amount) to the expired or closed account before the end of the period of
availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense under the
provisions of section 1405(b)(8) of the National Defense Authorization Act
for Fiscal Year 1991, Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if subsequent
review or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to a current
account under the authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section may not exceed
an amount equal to 1 percent of the total appropriation for that
account.
SEC. 8078. Funds appropriated in title II of this Act and for the
Defense Health Program in title VI of this Act for supervision and
administration costs for facilities maintenance and repair, minor
construction, or design projects may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided, That for the
purpose of this section, supervision and administration costs includes all
in-house Government cost.
SEC. 8079. During the current fiscal year, the Secretary of Defense
may waive reimbursement of the cost of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific Center for
Security Studies for military officers and civilian officials of foreign
nations if the Secretary determines that attendance by such personnel, without
reimbursement, is in the national security interest of the United States:
Provided, That costs for which reimbursement is waived pursuant to
this section shall be paid from appropriations available for the Asia-Pacific
Center.
SEC. 8080. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the National
Guard Distance Learning Project by any person or entity on a space-available,
reimbursable basis. The Chief of the National Guard Bureau shall establish the
amount of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to funds
available for the National Guard Distance Learning Project and be available to
defray the costs associated with the use of equipment of the project under
that subsection. Such funds shall be available for such purposes without
fiscal year limitation.
SEC. 8081. Using funds available by this Act or any other Act, the
Secretary of the Air Force, pursuant to a determination under section 2690 of
title 10, United States Code, may implement cost-effective agreements for
required heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That in the
City of Kaiserslautern such agreements will include the use of United States
anthracite as the base load energy for municipal district heat to the United
States Defense installations: Provided further, That at Landstuhl
Army Regional Medical Center and Ramstein Air Base, furnished heat may be
obtained from private, regional or municipal services, if provisions are
included for the consideration of United States coal as an energy
source.
SEC. 8082. Notwithstanding 31 U.S.C. 3902, during the current fiscal
year and hereafter, interest penalties may be paid by the Department of
Defense from funds financing the operation of the military department or
defense agency with which the invoice or contract payment is
associated.
SEC. 8083. None of the funds appropriated in title IV of this Act may
be used to procure end-items for delivery to military forces for operational
training, operational use or inventory requirements: Provided, That
this restriction does not apply to end-items used in development, prototyping,
and test activities preceding and leading to acceptance for operational use:
Provided further, That this restriction does not apply to programs
funded within the National Foreign Intelligence Program: Provided
further, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate that it is in
the national security interest to do so.
SEC. 8084. Of the funds made available under the heading `Operation
and Maintenance, Air Force', not less than $1,500,000 shall be made available
by grant or otherwise, to the Council of Athabascan Tribal Governments, to
provide assistance for health care, monitoring and related issues associated
with research conducted from 1955 to 1957 by the former Arctic Aeromedical
Laboratory.
SEC. 8085. In addition to the amounts appropriated or otherwise made
available in this Act, $5,000,000, to remain available until September 30,
2002, is hereby appropriated to the Department of Defense: Provided,
That the Secretary of Defense shall make a grant in the amount of $5,000,000
to the American Red Cross for Armed Forces Emergency Services.
SEC. 8086. None of the funds made available in this Act may be used to
approve or license the sale of the F-22 advanced tactical fighter to any
foreign government.
SEC. 8087. (a) The Secretary of Defense may, on a case-by-case basis,
waive with respect to a foreign country each limitation on the procurement of
defense items from foreign sources provided in law if the Secretary determines
that the application of the limitation with respect to that country would
invalidate cooperative programs entered into between the Department of Defense
and the foreign country, or would invalidate reciprocal trade agreements for
the procurement of defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the date of
the enactment of this Act; and
(2) options for the procurement of items that are exercised after
such date under contracts that are entered into before such date if the
option prices are adjusted for any reason other than the application of a
waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and clothing
or textile materials as defined by section 11 (chapters 50-65) of the
Harmonized Tariff Schedule and products classified under headings 4010, 4202,
4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and
9404.
SEC. 8088. Funds made available to the Civil Air Patrol in this Act
under the heading `Drug Interdiction and Counter-Drug Activities, Defense' may
be used for the Civil Air Patrol Corporation's counterdrug program, including
its demand reduction program involving youth programs, as well as operational
and training drug reconnaissance missions for Federal, State, and local
government agencies; and for equipment needed for mission support or
performance: Provided, That the Department of the Air Force should
waive reimbursement from the Federal, State, and local government agencies for
the use of these funds.
SEC. 8089. Section 8125 of the Department of Defense Appropriations
Act, 2001 (Public Law 106-259), is hereby repealed.
SEC. 8090. Of the funds appropriated in this Act under the heading
`Research, Development, Test and Evaluation, Navy', up to $3,000,000 may be
made available for a Maritime Fire Training Center at Barbers Point, including
provision for laboratories, construction, and other efforts associated with
research, development, and other programs of major importance to the
Department of Defense.
SEC. 8091. (a) PROHIBITION- None of the funds made available by this
Act may be used to support any training program involving a unit of the
security forces of a foreign country if the Secretary of Defense has received
credible information from the Department of State that the unit has committed
a gross violation of human rights, unless all necessary corrective steps have
been taken.
(b) MONITORING- The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to conduct any
training program referred to in subsection (a), full consideration is given to
all credible information available to the Department of State relating to
human rights violations by foreign security forces.
(c) WAIVER- The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary
circumstances.
(d) REPORT- Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a report to the
congressional defense committees describing the extraordinary circumstances,
the purpose and duration of the training program, the United States forces and
the foreign security forces involved in the training program, and the
information relating to human rights violations that necessitates the
waiver.
SEC. 8092. The Secretary of Defense, in coordination with the
Secretary of Health and Human Services, may carry out a program to distribute
surplus dental equipment of the Department of Defense, at no cost to the
Department of Defense, to Indian health service facilities and to
federally-qualified health centers (within the meaning of section
1905(l)(2)(B) of the Social Security Act (42 U.S.C. 1396d(l)(2)(B))).
SEC. 8093. Notwithstanding any other provision in this Act, the total
amount appropriated in this Act is hereby reduced by $140,591,000 to reflect
savings from favorable foreign currency fluctuations, to be distributed as
follows:
`Operation and Maintenance, Army', $89,359,000;
`Operation and Maintenance, Navy', $15,445,000;
`Operation and Maintenance, Marine Corps', $1,379,000;
`Operation and Maintenance, Air Force', $24,408,000; and
`Operation and Maintenance, Defense-Wide', $10,000,000.
SEC. 8094. None of the funds appropriated or made available in this
Act to the Department of the Navy shall be used to develop, lease or procure
the T-AKE class of ships unless the main propulsion diesel engines and
propulsors are manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the Senate that adequate
domestic supplies are not available to meet Department of Defense requirements
on a timely basis and that such an acquisition must be made in order to
acquire capability for national security purposes or there exists a
significant cost or quality difference.
SEC. 8095. Notwithstanding any other provision of law, the total
amount appropriated in this Act under Title I and Title II is hereby reduced
by $50,000,000: Provided, That during the current fiscal year, not
more than 250 military and civilian personnel of the Department of Defense
shall be assigned to legislative affairs or legislative liaison functions:
Provided further, That of the 250 personnel assigned to legislative
liaison or legislative affairs functions, 20 percent shall be assigned to the
Office of the Secretary of Defense and the Office of the Chairman of the Joint
Chiefs of Staff, 20 percent shall be assigned to the Department of the Army,
20 percent shall be assigned to the Department of the Navy, 20 percent shall
be assigned to the Department of the Air Force, and 20 percent shall be
assigned to the combatant commands: Provided further, That of the
personnel assigned to legislative liaison and legislative affairs functions,
no fewer than 20 percent shall be assigned to the Under Secretary of Defense
(Comptroller), the Assistant Secretary of the Army (Financial Management and
Comptroller), the Assistant Secretary of the Navy (Financial Management and
Comptroller), and the Assistant Secretary of the Air Force (Financial
Management and Comptroller).
SEC. 8096. None of the funds appropriated or otherwise made available
by this or other Department of Defense Appropriations Acts may be obligated or
expended for the purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including areas in such
military family housing units that may be used for the purpose of conducting
official Department of Defense business.
SEC. 8097. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading `Research, Development, Test and
Evaluation, Defense-Wide' for any advanced concept technology demonstration
project may only be obligated 30 days after a report, including a description
of the project and its estimated annual and total cost, has been provided in
writing to the congressional defense committees: Provided, That the
Secretary of Defense may waive this restriction on a case-by-case basis by
certifying to the congressional defense committees that it is in the national
interest to do so.
SEC. 8098. Notwithstanding any other provision in this Act, the total
amount appropriated in this Act is hereby reduced by $171,296,000, to reduce
cost growth in travel, to be distributed as follows:
`Operation and Maintenance, Army', $9,000,000;
`Operation and maintenance, Marine Corps', $296,000;
`Operation and Maintenance, Air Force', $150,000,000;
`Operation and Maintenance, Army Reserve', $2,000,000;
and
`Operation and maintenance, Defense-wide' $10,000,000.
SEC. 8099. During the current fiscal year, refunds attributable to the
use of the Government travel card, refunds attributable to the use of the
Government Purchase Card and refunds attributable to official Government
travel arranged by Government Contracted Travel Management Centers may be
credited to operation and maintenance accounts of the Department of Defense
which are current when the refunds are received.
SEC. 8100. (a) REGISTERING INFORMATION TECHNOLOGY SYSTEMS WITH DOD
CHIEF INFORMATION OFFICER- None of the funds appropriated in this Act may be
used for a mission critical or mission essential information technology system
(including a system funded by the defense working capital fund) that is not
registered with the Chief Information Officer of the Department of Defense. A
system shall be considered to be registered with that officer upon the
furnishing to that officer of notice of the system, together with such
information concerning the system as the Secretary of Defense may prescribe.
An information technology system shall be considered a mission critical or
mission essential information technology system as defined by the Secretary of
Defense.
(b) CERTIFICATIONS AS TO COMPLIANCE WITH CLINGER-COHEN ACT- (1) During
the current fiscal year, a major automated information system may not receive
Milestone I approval, Milestone II approval, or Milestone III approval, or
their equivalent, within the Department of Defense until the Chief Information
Officer certifies, with respect to that milestone, that the system is being
developed in accordance with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et
seq.). The Chief Information Officer may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congressional
defense committees timely notification of certifications under paragraph (1).
Each such notification shall include, at a minimum, the funding baseline and
milestone schedule for each system covered by such a certification and
confirmation that the following steps have been taken with respect to the
system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the return
on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(c) DEFINITIONS- For purposes of this section:
(1) The term `Chief Information Officer' means the senior official
of the Department of Defense designated by the Secretary of Defense pursuant
to section 3506 of title 44, United States Code.
(2) The term `information technology system' has the meaning given
the term `information technology' in section 5002 of the Clinger-Cohen Act
of 1996 (40 U.S.C. 1401).
(3) The term `major automated information system' has the meaning
given that term in Department of Defense Directive 5000.1.
SEC. 8101. During the current fiscal year, none of the funds available
to the Department of Defense may be used to provide support to another
department or agency of the United States if such department or agency is more
than 90 days in arrears in making payment to the Department of Defense for
goods or services previously provided to such department or agency on a
reimbursable basis: Provided, That this restriction shall not apply
if the department is authorized by law to provide support to such department
or agency on a nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of Representatives
and the Senate that it is in the national security interest to do so.
SEC. 8102. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department of
Defense that has a center-fire cartridge and a United States military
nomenclature designation of `armor penetrator', `armor piercing (AP)', `armor
piercing incendiary (API)', or `armor-piercing incendiary-tracer (API-T)',
except to an entity performing demilitarization services for the Department of
Defense under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing projectiles are
either: (1) rendered incapable of reuse by the demilitarization process; or
(2) used to manufacture ammunition pursuant to a contract with the Department
of Defense or the manufacture of ammunition for export pursuant to a License
for Permanent Export of Unclassified Military Articles issued by the
Department of State.
SEC. 8103. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or part
of the consideration that otherwise would be required under 10 U.S.C. 2667, in
the case of a lease of personal property for a period not in excess of 1 year
to any organization specified in 32 U.S.C. 508(d), or any other youth, social,
or fraternal non-profit organization as may be approved by the Chief of the
National Guard Bureau, or his designee, on a case-by-case basis.
SEC. 8104. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department of
Defense that procures malt beverages and wine with nonappropriated funds for
resale (including such alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt beverages and wine
are procured within that State, or in the case of the District of Columbia,
within the District of Columbia, in which the military installation is
located: Provided, That in a case in which the military installation
is located in more than one State, purchases may be made in any State in which
the installation is located: Provided further, That such local
procurement requirements for malt beverages and wine shall apply to all
alcoholic beverages only for military installations in States which are not
contiguous with another State: Provided further, That alcoholic
beverages other than wine and malt beverages, in contiguous States and the
District of Columbia shall be procured from the most competitive source, price
and other factors considered.
SEC. 8105. During the current fiscal year, under regulations
prescribed by the Secretary of Defense, the Center of Excellence for Disaster
Management and Humanitarian Assistance may also pay, or authorize payment for,
the expenses of providing or facilitating education and training for
appropriate military and civilian personnel of foreign countries in disaster
management, peace operations, and humanitarian assistance.
SEC. 8106. (a) The Department of Defense is authorized to enter into
agreements with the Veterans Administration and federally-funded health
agencies providing services to Native Hawaiians for the purpose of
establishing a partnership similar to the Alaska Federal Health Care
Partnership, in order to maximize Federal resources in the provision of health
care services by federally-funded health agencies, applying telemedicine
technologies. For the purpose of this partnership, Native Hawaiians shall have
the same status as other Native Americans who are eligible for the health care
services provided by the Indian Health Service.
(b) The Department of Defense is authorized to develop a consultation
policy, consistent with Executive Order No. 13084 (issued May 14, 1998), with
Native Hawaiians for the purpose of assuring maximum Native Hawaiian
participation in the direction and administration of governmental services so
as to render those services more responsive to the needs of the Native
Hawaiian community.
(c) For purposes of this section, the term `Native Hawaiian' means any
individual who is a descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now comprises the State of
Hawaii.
SEC. 8107. In addition to the amounts provided elsewhere in this Act,
the amount of $10,000,000 is hereby appropriated for `Operation and
Maintenance, Defense-Wide', to be available, notwithstanding any other
provision of law, only for a grant to the United Service Organizations
Incorporated, a federally chartered corporation under chapter 2201 of title
36, United States Code. The grant provided for by this section is in addition
to any grant provided for under any other provision of law.
SEC. 8108. Of the amounts appropriated in this Act under the heading
`Research, Development, Test and Evaluation, Defense-Wide', $141,700,000 shall
be made available for the Arrow missile defense program: Provided,
That of this amount, $107,700,000 shall be made available for the purpose of
continuing the Arrow System Improvement Program (ASIP), continuing ballistic
missile defense interoperability with Israel, and establishing an Arrow
production capability in the United States: Provided further, That
the remainder, $34,000,000, shall be available for the purpose of adjusting
the cost-share of the parties under the Agreement between the Department of
Defense and the Ministry of Defense of Israel for the Arrow Deployability
Program.
SEC. 8109. Funds available to the Department of Defense for the Global
Positioning System during the current fiscal year may be used to fund civil
requirements associated with the satellite and ground control segments of such
system's modernization program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8110. Of the amounts appropriated in this Act under the heading
`Operation and Maintenance, Defense-Wide', $115,000,000 shall remain available
until expended: Provided, That notwithstanding any other provision of
law, the Secretary of Defense is authorized to transfer such funds to other
activities of the Federal Government.
SEC. 8111. In addition to the amounts appropriated or otherwise made
available in this Act, $1,300,000,000 is hereby appropriated to the Department
of Defense for whichever of the following purposes the President determines to
be in the national security interests of the United States:
(1) research, development, test and evaluation for ballistic missile
defense; and
(2) activities for combating terrorism.
SEC. 8112. In addition to amounts appropriated elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of the Army shall make a grant in the
amount of $5,000,000 to the Fort Des Moines Memorial Park and Education
Center.
SEC. 8113. In addition to amounts appropriated elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense:
Provided, That the Secretary of Defense shall make a grant in the
amount of $5,000,000 to the National D-Day Museum.
SEC. 8114. Section 8106 of the Department of Defense Appropriations
Act, 1997 (titles I through VIII of the matter under subsection 101(b) of
Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall continue in
effect to apply to disbursements that are made by the Department of Defense in
fiscal year 2002.
SEC. 8115. (a) Section 8162 of the Department of Defense
Appropriations Act, 2000 (16 U.S.C. 431 note; Public Law 106-79) is
amended--
(1) by redesignating subsection (m) as subsection (o);
and
(2) by adding after subsection (l) the following:
`(m) AUTHORITY TO ESTABLISH MEMORIAL-
`(1) IN GENERAL- The Commission may establish a permanent memorial
to Dwight D. Eisenhower on land under the jurisdiction of the Secretary of
the Interior in the District of Columbia or its environs.
`(2) COMPLIANCE WITH STANDARDS FOR COMMEMORATIVE WORKS- The
establishment of the memorial shall be in accordance with the Commemorative
Works Act (40 U.S.C. 1001 et seq.).'.
(b) Section 8162 of the Department of Defense Appropriations Act, 2000
(16 U.S.C. 431 note; Public Law 106-79) is amended--
(1) in subsection (j)(2), by striking `accept gifts' and inserting
`solicit and accept contributions'; and
(2) by inserting after subsection (m) (as added by subsection
(a)(2)) the following:
`(1) ESTABLISHMENT- There is created in the Treasury a fund for the
memorial to Dwight D. Eisenhower that includes amounts contributed under
subsection (j)(2).
`(2) USE OF FUND- The fund shall be used for the expenses of
establishing the memorial.
`(3) INTEREST- The Secretary of the Treasury shall credit to the
fund the interest on obligations held in the fund.'.
(c) In addition to the amounts appropriated or otherwise made
available elsewhere in this Act for the Department of Defense, $3,000,000, to
remain available until expended is hereby appropriated to the Department of
Defense: Provided, That the Secretary of Defense shall make a grant
in the amount of $3,000,000 to the Dwight D. Eisenhower Memorial Commission
for direct administrative support.
SEC. 8116. In addition to amounts appropriated elsewhere in this Act,
$8,000,000 shall be available only for the settlement of subcontractor claims
for payment associated with the Air Force contract F19628-97-C-0105, Clear
Radar Upgrade, at Clear AFS, Alaska: Provided, That the Secretary of
the Air Force shall evaluate claims as may be submitted by subcontractors,
engaged under the contract, and, notwithstanding any other provision of law
shall pay such amounts from the funds provided in this paragraph which the
Secretary deems appropriate to settle completely any claims which the
Secretary determines to have merit, with no right of appeal in any forum:
Provided further, That subcontractors are to be paid interest,
calculated in accordance with the Contract Disputes Act of 1978, 41 U.S.C.
Sections 601-613, on any claims which the Secretary determines to have merit:
Provided further, That the Secretary of the Air Force may delegate
evaluation and payment as above to the U.S. Army Corps of Engineers, Alaska
District on a reimbursable basis.
SEC. 8117. Notwithstanding any other provision of this Act, the total
amount appropriated in this Act is hereby reduced by $1,650,000,000, to
reflect savings to be achieved from business process reforms, management
efficiencies, and procurement of administrative and management support:
Provided, That none of the funds provided in this Act may be used for
consulting and advisory services for legislative affairs and legislative
liaison functions.
SEC. 8118. In addition to amounts provided elsewhere in this Act,
$21,000,000 is hereby appropriated for the Secretary of Defense to establish a
Regional Defense Counter-terrorism Fellowship Program: Provided, That
funding provided herein may be used by the Secretary to fund foreign military
officers to attend U.S. military educational institutions and selected
regional centers for non-lethal training: Provided further, That
United States Regional Commanders in Chief will be the nominative authority
for candidates and schools for attendance with joint staff review and approval
by the Secretary of Defense: Provided further, That the Secretary of
Defense shall establish rules to govern the administration of this
program.
SEC. 8119. Notwithstanding any other provision of law, from funds
appropriated in this or any other Act under the heading, `Aircraft
Procurement, Air Force', that remain available for obligation, not to exceed
$16,000,000 shall be available for recording, adjusting, and liquidating
obligations for the C-17 aircraft properly chargeable to the fiscal year 1998
Aircraft Procurement, Air Force account: Provided, That the Secretary
of the Air Force shall notify the congressional defense committees of all of
the specific sources of funds to be used for such purpose.
SEC. 8120. Notwithstanding any provisions of the Southern Nevada
Public Land Management Act of 1998, Public Law 105-263, or the land use
planning provision of Section 202 of the Federal Land Policy and Management
Act of 1976, Public Law 94-579, or of any other law to the contrary, the
Secretary of the Interior may acquire non-federal lands adjacent to Nellis Air
Force Base, through a land exchange in Nevada, to ensure the continued safe
operation of live ordnance departure areas at Nellis Air Force Base, Las
Vegas, Nevada. The Secretary of the Air Force shall identify up to 220 acres
of non-federal lands needed to ensure the continued safe operation of the live
ordnance departure areas at Nellis Air Force Base. Any such identified
property acquired by exchange by the Secretary of the Interior shall be
transferred by the Secretary of the Interior to the jurisdiction, custody, and
control of the Secretary of the Air Force to be managed as a part of Nellis
Air Force Base. To the extent the Secretary of the Interior is unable to
acquire non-federal lands by exchange, the Secretary of the Air Force is
authorized to purchase those lands at fair market value subject to available
appropriations.
SEC. 8121. Of the amounts appropriated in this Act under the heading,
`Shipbuilding and Conversion, Navy', $725,000,000 shall be available until
September 30, 2002, to fund prior year shipbuilding cost increases:
Provided, That upon enactment of this Act, the Secretary of the Navy
shall transfer such funds to the following appropriations in the amounts
specified: Provided further, That the amounts transferred shall be
merged with and be available for the same purposes as the appropriations to
which transferred:
Under the heading, `Shipbuilding and Conversion, Navy,
1995/2002':
Carrier Replacement Program, $172,364,000;
Under the heading, `Shipbuilding and Conversion, Navy,
1996/2002':
LPD-17 Amphibious Transport Dock Ship Program,
$172,989,000;
Under the heading, `Shipbuilding and Conversion, Navy,
1997/2002':
DDG-51 Destroyer Program, $37,200,000;
Under the heading, `Shipbuilding and Conversion, Navy,
1998/2002':
NSSN Program, $168,561,000;
DDG-51 Destroyer Program, $111,457,000;
Under the heading, `Shipbuilding and Conversion, Navy,
1999/2002':
NSSN Program, $62,429,000.
(TRANSFER OF FUNDS)
SEC. 8122. Upon enactment of this Act, the Secretary of the Navy shall
make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purposes as the appropriations to
which transferred, and for the same time period as the appropriation from
which transferred: Provided further, That the amounts shall be
transferred between the following appropriations in the amount
specified:
Under the heading, `Shipbuilding and Conversion, Navy,
1990/2002':
TRIDENT ballistic missile submarine program,
$78,000;
SSN-21 attack submarine program, $66,000;
DDG-51 destroyer program, $6,100,000;
ENTERPRISE refueling modernization program,
$964,000;
LSD-41 dock landing ship cargo variant ship program,
$237,000;
MCM mine countermeasures program, $118,000;
Oceanographic ship program, $2,317,000;
AOE combat support ship program, $164,000;
AO conversion program, $56,000;
Coast Guard icebreaker ship program, $863,000;
Craft, outfitting, post delivery, and ship special support
equipment, $529,000;
Under the heading, `Shipbuilding and Conversion, Navy,
1998/2002':
DDG-51 destroyer program, $11,492,000;
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;
Under the heading, `Shipbuilding, and Conversion, Navy,
1998/2002':
DDG-51 destroyer program, $6,049,000;
Under the heading, `Other Procurement, Navy,
2001/2003':
Shallow Water MCM, $16,248,000;
Under the heading, `Shipbuilding and Conversion, Navy,
2001/2005':
Submarine Refuelings, $16,248,000.
SEC. 8123. (a) The Secretary of Defense shall convey to Gwitchyaa Zhee
Corporation the lands withdrawn by Public Land Order No. 1996, Lot 1 of United
States Survey 7008, Public Land Order No. 1396, a portion of Lot 3 of United
States Survey 7161, lands reserved pursuant to the instructions set forth at
page 513 of volume 44 of the Interior Land Decisions issued January 13, 1916,
Lot 13 of United States Survey 7161, Lot 1 of United States Survey 7008
described in Public Land Order No. 1996, and Lot 13 of the United States
Survey 7161 reserved pursuant to the instructions set forth at page 513 of
volume 44 of the Interior Land Decisions issued January 13, 1916.
(b) Following site restoration and survey by the Department of the Air
Force that portion of Lot 3 of United States Survey 7161 withdrawn by Public
Land Order No. 1396 and no longer needed by the Air Force shall be conveyed to
Gwitchyaa Zhee Corporation.
SEC. 8124. The Secretary of the Navy may settle, or compromise, and
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of the
collision involving the USS GREENEVILLE and the EHIME MARU, in any amount and
without regard to the monetary limitations in subsections (a) and (b) of that
section: Provided, That such payments shall be made from funds
available to the Department of the Navy for operation and maintenance.
SEC. 8125. (a) Not later than February 1, 2002, the Secretary of
Defense shall report to the congressional defense committees on the status of
the safety and security of munitions shipments that use commercial trucking
carriers within the United States.
(b) REPORT ELEMENTS- The report under subsection (a) shall include the
following:
(1) An assessment of the Department of Defense's policies and
practices for conducting background investigations of current and
prospective drivers of munitions shipments.
(2) A description of current requirements for periodic safety and
security reviews of commercial trucking carriers that carry
munitions.
(3) A review of the Department of Defense's efforts to establish
uniform safety and security standards for cargo terminals not operated by
the Department that store munitions shipments.
(4) An assessment of current capabilities to provide for escort
security vehicles for shipments that contain dangerous munitions or
sensitive technology, or pass through high-risk areas.
(5) A description of current requirements for depots and other
defense facilities to remain open outside normal operating hours to receive
munitions shipments.
(6) Legislative proposals, if any, to correct deficiencies
identified by the Department of Defense in the report under subsection
(a).
(c) Not later than six months after enactment of this Act, the
Secretary shall report to Congress on safety and security procedures used for
U.S. munitions shipments in European NATO countries, and provide
recommendations on what procedures or technologies used in those countries
should be adopted for shipments in the United States.
SEC. 8126. In addition to the amounts appropriated or otherwise made
available elsewhere in this Act for the Department of Defense, $15,000,000, to
remain available until September 30, 2002 is hereby appropriated to the
Department of Defense: Provided, That the Secretary of Defense shall
make a grant in the amount of $15,000,000 to the Padgett Thomas Barracks in
Charleston, South Carolina.
SEC. 8127. (a) DESIGNATED SPECIAL EVENTS OF NATIONAL SIGNIFICANCE-
(1) Notwithstanding any other provision of law, at events determined
by the President to be special events of national significance for which the
United States Secret Service is authorized pursuant to Section 3056(e)(1),
title 18, United States Code, to plan, coordinate, and implement security
operations, the Secretary of Defense, after consultation with the Secretary
of the Treasury, shall provide assistance on a temporary basis without
reimbursement in support of the United States Secret Service's duties
related to such designated events.
(2) Assistance under this subsection shall be provided in accordance
with an agreement that shall be entered into by the Secretary of Defense and
the Secretary of the Treasury within 120 days of the enactment of this
Act.
(b) REPORT ON ASSISTANCE- Not later than January 30 of each year
following a year in which the Secretary of Defense provides assistance under
this section, the Secretary shall submit to Congress a report on the
assistance provided. The report shall set forth--
(1) a description of the assistance provided; and
(2) the amount expended by the Department in providing the
assistance.
(c) RELATIONSHIP TO OTHER LAWS- The assistance provided under this
section shall not be subject to the provisions of sections 375 and 376 of this
title.
SEC. 8128. MULTI-YEAR AIRCRAFT LEASE PILOT PROGRAM. (a) The Secretary
of the Air Force may, from funds provided in this Act or any future
appropriations Act, establish a multi-year pilot program for leasing general
purpose Boeing 767 aircraft in commercial configuration.
(b) Sections 2401 and 2401a of title 10, United States Code, shall not
apply to any aircraft lease authorized by this section.
(c) Under the aircraft lease Pilot Program authorized by this
section:
(1) The Secretary may include terms and conditions in lease
agreements that are customary in aircraft leases by a non-Government lessor
to a non-Government lessee, but only those that are not inconsistent with
any of the terms and conditions mandated herein.
(2) The term of any individual lease agreement into which the
Secretary enters under this section shall not exceed 10 years, inclusive of
any options to renew or extend the initial lease term.
(3) The Secretary may provide for special payments in a lessor if
the Secretary terminates or cancels the lease prior to the expiration of its
term. Such special payments shall not exceed an amount equal to the value of
one year's lease payment under the lease.
(4) Subchapter IV of chapter 15 of Title 31, United States Code
shall apply to the lease transactions under this section, except that the
limitation in section 1553(b)(2) shall not apply.
(5) The Secretary shall lease aircraft under terms and conditions
consistent with this section and consistent with the criteria for an
operating lease as defined in OMB Circular A-11, as in effect at the time of
the lease.
(6) Lease arrangements authorized by this section may not commence
until:
(A) The Secretary submits a report to the congressional defense
committees outlining the plans for implementing the Pilot Program. The
report shall describe the terms and conditions of proposed contracts and
describe the expected savings, if any, comparing total costs, including
operation, support, acquisition, and financing, of the lease, including
modification, with the outright purchase of the aircraft as
modified.
(B) A period of not less than 30 calendar days has elapsed after
submitting the report.
(7) Not later than 1 year after the date on which the first aircraft
is delivered under this Pilot Program, and yearly thereafter on the
anniversary of the first delivery, the Secretary shall submit a report to
the congressional defense committees describing the status of the Pilot
Program. The Report will be based on at least 6 months of experience in
operating the Pilot Program.
(8) The Air Force shall accept delivery of the aircraft in a general
purpose configuration.
(9) At the conclusion of the lease term, each aircraft obtained
under that lease may be returned to the contractor in the same configuration
in which the aircraft was delivered.
(10) The present value of the total payments over the duration of
each lease entered into under this authority shall not exceed 90 percent of
the fair market value of the aircraft obtained under that lease.
(d) No lease entered into under this authority shall provide
for--
(1) the modification of the general purpose aircraft from the
commercial configuration, unless and until separate authority for such
conversion is enacted and only to the extent budget authority is provided in
advance in appropriations Acts for that purpose; or
(2) the purchase of the aircraft by, or the transfer of ownership
to, the Air Force.
(e) The authority granted to the Secretary of the Air Force by this
section is separate from and in addition to, and shall not be construed to
impair or otherwise affect, the authority of the Secretary to procure
transportation or enter into leases under a provision of law other than this
section.
(f) The authority provided under this section may be used to lease not
more than a total of one hundred aircraft for the purposes specified
herein.
(g) Notwithstanding any other provision of this Act or any other
provision of law, the President shall have the sole authority to reprogram,
for any other defense purpose, the funds authorized by this section if he
determines that doing so will increase national security or save
lives.
SEC. 8129. From within amounts made available in the Title II of this
Act, under the heading `Operation and Maintenance, Army National Guard', and
notwithstanding any other provision of law, $2,500,000 shall be available only
for repairs and safety improvements to the segment of Camp McCain Road which
extends from Highway 8 south toward the boundary of Camp McCain, Mississippi
and originating intersection of Camp McCain Road; and for repairs and safety
improvements to the segment of Greensboro Road which connects the
Administration Offices of Camp McCain to the Troutt Rifle Range:
Provided, That these funds shall remain available until expended:
Provided further, That the authorized scope of work includes, but is
not limited to, environmental documentation and mitigation, engineering and
design, improving safety, resurfacing, widening lanes, enhancing shoulders,
and replacing signs and pavement markings.
SEC. 8130. From funds made available under Title II of this Act, the
Secretary of the Army may make available a grant of $3,000,000 to the Chicago
Park District for renovation of the Broadway Armory, a former National Guard
facility in the Edgewater community in Chicago.
SEC. 8131. Notwithstanding any other provision of law, none of the
funds in this Act may be used to alter specifications for insulation to be
used on U.S. naval ships or for the procurement of insulation materials
different from those in use as of November 1, 2001, until the Department of
Defense certifies to the Appropriations Committees that the proposed
specification changes or proposed new insulation materials will be as safe,
provide no increase in weight, and will not increase maintenance requirements
when compared to the insulation material currently used.
SEC. 8132. (a)(1) Chapter 131 of title 10, United States Code, is
amended by adding at the end the following new section:
`Sec. 2228. Department of Defense strategic loan and loan guaranty
program
`(a) AUTHORITY- The Secretary of Defense may carry out a program to
make direct loans and guarantee loans for the purpose of supporting the
attainment of the objectives set forth in subsection (b).
`(b) OBJECTIVES- The Secretary may, under the program, make a direct
loan to an applicant or guarantee the payment of the principal and interest of
a loan made to an applicant upon the Secretary's determination that the
applicant's use of the proceeds of the loan will support the attainment of any
of the following objectives:
`(1) Sustain the readiness of the United States to carry out the
national security objectives of the United States through the guarantee of
steady domestic production of items necessary for low intensity conflicts to
counter terrorism or other imminent threats to the national security of the
United States.
`(2) Sustain the economic stability of strategically important
domestic sectors of the defense industry that manufacture or construct
products for low-intensity conflicts and counter terrorism to respond to
attacks on United States national security and to protect potential United
States civilian and military targets from attack.
`(3) Sustain the production and use of systems that are critical for
the exploration and development of new domestic energy sources for the
United States.
`(c) CONDITIONS- A loan made or guaranteed under the program shall
meet the following requirements:
`(1) The period for repayment of the loan may not exceed five
years.
`(2) The loan shall be secured by primary collateral that is
sufficient to pay the total amount of the unpaid principal and interest of
the loan in the event of default.
`(d) EVALUATION OF COST- As part of the consideration of each
application for a loan or for a guarantee of the loan under the program, the
Secretary shall evaluate the cost of the loan within the meaning of section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)).'.
(2) The table of sections at the beginning of such section is amended
by adding at the end the following new item:
`2228. Department of Defense strategic loan and loan guaranty
program.'.
(b) Of the amounts appropriated by Public Law 107-38, there shall be
available such sums as may be necessary for the costs (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)) of direct
loans and loan guarantees made under section 2228 of title 10, United States
Code, as added by subsection (a).
SEC. 8133. REGULATION OF BIOLOGICAL AGENTS AND TOXINS. (a) Biological
Agents Provisions of the Antiterrorism and Effective Death Penalty Act of
1996; Codification in the Public Health Service Act, With Amendments-
(1) PUBLIC HEALTH SERVICE ACT- Subpart 1 of part F of title III of
the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by
inserting after section 351 the following:
`SEC. 351A. ENHANCED CONTROL OF BIOLOGICAL AGENTS AND TOXINS.
`(a) REGULATORY CONTROL OF BIOLOGICAL AGENTS AND TOXINS-
`(1) LIST OF BIOLOGICAL AGENTS AND TOXINS-
`(A) IN GENERAL- The Secretary shall by regulation establish and
maintain a list of each biological agent and each toxin that has the
potential to pose a severe threat to public health and
safety.
`(B) CRITERIA- In determining whether to include an agent or toxin
on the list under subparagraph (A), the Secretary shall--
`(I) the effect on human health of exposure to the agent or
toxin;
`(II) the degree of contagiousness of the agent or toxin and
the methods by which the agent or toxin is transferred to
humans;
`(III) the availability and effectiveness of pharmacotherapies
and immunizations to treat and prevent any illness resulting from
infection by the agent or toxin; and
`(IV) any other criteria, including the needs of children and
other vulnerable populations, that the Secretary considers
appropriate; and
`(ii) consult with appropriate Federal departments and agencies,
and scientific experts representing appropriate professional groups,
including those with pediatric expertise.
`(2) BIENNIAL REVIEW- The Secretary shall review and republish the
list under paragraph (1) biennially, or more often as needed, and shall,
through rulemaking, revise the list as necessary to incorporate additions or
deletions to ensure public health, safety, and security.
`(3) EXEMPTIONS- The Secretary may exempt from the list under
paragraph (1)--
`(A) attenuated or inactive biological agents or toxins used in
biomedical research or for legitimate medical purposes; and
`(B) products that are cleared or approved under the Federal Food,
Drug, and Cosmetic Act or under the Virus-Serum-Toxin Act, as amended in
1985 by the Food Safety and Security Act.';
`(b) REGULATION OF TRANSFERS OF LISTED BIOLOGICAL AGENTS AND TOXINS-
The Secretary shall by regulation provide for--
`(1) the establishment and enforcement of safety procedures for the
transfer of biological agents and toxins listed pursuant to subsection
(a)(1), including measures to ensure--
`(A) proper training and appropriate skills to handle such agents
and toxins; and
`(B) proper laboratory facilities to contain and dispose of such
agents and toxins;
`(2) safeguards to prevent access to such agents and toxins for use
in domestic or international terrorism or for any other criminal
purpose;
`(3) the establishment of procedures to protect the public safety in
the event of a transfer or potential transfer of a biological agent or toxin
in violation of the safety procedures established under paragraph (1) or the
safeguards established under paragraph (2); and
`(4) appropriate availability of biological agents and toxins for
research, education, and other legitimate purposes.
`(c) POSSESSION AND USE OF LISTED BIOLOGICAL AGENTS AND TOXINS- The
Secretary shall by regulation provide for the establishment and enforcement of
standards and procedures governing the possession and use of biological agents
and toxins listed pursuant to subsection (a)(1) in order to protect the public
health and safety, including the measures, safeguards, procedures, and
availability of such agents and toxins described in paragraphs (1) through (4)
of subsection (b), respectively.
`(d) REGISTRATION AND TRACEABILITY MECHANISMS- Regulations under
subsections (b) and (c) shall require registration for the possession, use,
and transfer of biological agents and toxins listed pursuant to subsection
(a)(1), and such registration shall include (if available to the registered
person) information regarding the characterization of such biological agents
and toxins to facilitate their identification and traceability. The Secretary
shall maintain a national database of the location of such biological agents
and toxins with information regarding their characterizations.
`(e) INSPECTIONS- The Secretary shall have the authority to inspect
persons subject to the regulations under subsections (b) and (c) to ensure
their compliance with such regulations, including prohibitions on restricted
persons under subsection (g).
`(1) IN GENERAL- The Secretary shall establish exemptions, including
exemptions from the security provisions, from the applicability of
provisions of--
`(A) the regulations issued under subsection (b) and (c) when the
Secretary determines that the exemptions, including exemptions from the
security requirements, and for the use of attenuated or inactive
biological agents or toxins in biomedical research or for legitimate
medical purposes are consistent with protecting public health and safety;
and
`(B) the regulations issued under subsection (c) for agents and
toxins that the Secretary determines do not present a threat for use in
domestic or international terrorism, provided the exemptions are
consistent with protecting public health and safety.
`(2) CLINICAL LABORATORIES- The Secretary shall exempt clinical
laboratories and other persons that possess, use, or transfer biological
agents and toxins listed pursuant to subsection (a)(1) from the
applicability of provisions of regulations issued under subsections (b) and
(c) only when--
`(A) such agents or toxins are presented for diagnosis,
verification, or proficiency testing;
`(B) the identification of such agents and toxins is, when
required under Federal or State law, reported to the Secretary or other
public health authorities; and
`(C) such agents or toxins are transferred or destroyed in a
manner set forth by the Secretary in regulation.
`(g) SECURITY REQUIREMENTS FOR REGISTERED PERSONS-
`(1) SECURITY- In carrying out paragraphs (2) and (3) of subsection
(b), the Secretary shall establish appropriate security requirements for
persons possessing, using, or transferring biological agents and toxins
listed pursuant to subsection (a)(1), considering existing standards
developed by the Attorney General for the security of government facilities,
and shall ensure compliance with such requirements as a condition of
registration under regulations issued under subsections (b) and
(c).
`(2) LIMITING ACCESS TO LISTED AGENTS AND TOXINS- Regulations issued
under subsections (b) and (c) shall include provisions--
`(A) to restrict access to biological agents and toxins listed
pursuant to subsection (a)(1) only to those individuals who need to handle
or use such agents or toxins; and
`(B) to provide that registered persons promptly submit the names
and other identifying information for such individuals to the Attorney
General, with which information the Attorney General shall promptly use
criminal, immigration, and national security databases available to the
Federal Government to identify whether such individuals--
`(i) are restricted persons, as defined in section 175b of title
18, United States Code; or
`(ii) are named in a warrant issued to a Federal or State law
enforcement agency for participation in any domestic or international
act of terrorism.
`(3) CONSULTATION AND IMPLEMENTATION- Regulations under subsections
(b) and (c) shall be developed in consultation with research-performing
organizations, including universities, and implemented with timeframes that
take into account the need to continue research and education using
biological agents and toxins listed pursuant to subsection
(a)(1).
`(h) DISCLOSURE OF INFORMATION-
`(1) IN GENERAL- Any information in the possession of any Federal
agency that identifies a person, or the geographic location of a person, who
is registered pursuant to regulations under this section (including
regulations promulgated before the effective date of this subsection), or
any site-specific information relating to the type, quantity, or
characterization of a biological agent or toxin listed pursuant to
subsection (a)(1) or the site-specific security mechanisms in place to
protect such agents and toxins, including the national database required in
subsection (d), shall not be disclosed under section 552(a) of title 5,
United States Code.
`(2) DISCLOSURES FOR PUBLIC HEALTH AND SAFETY; CONGRESS- Nothing in
this section may be construed as preventing the head of any Federal
agency--
`(A) from making disclosures of information described in paragraph
(1) for purposes of protecting the public health and safety;
or
`(B) from making disclosures of such information to any committee
or subcommittee of the Congress with appropriate jurisdiction, upon
request.
`(i) CIVIL PENALTY- Any person who violates any provision of a
regulation under subsection (b) or (c) shall be subject to the United States
for a civil money penalty in an amount not exceeding $250,000 in the case of
an individual and $500,000 in the case of any other person. The provisions of
section 1128A of the Social Security Act (other than subsections (a), (b),
(h), and (i), the first sentence of subsection (c), and paragraphs (1) and (2)
of subsection (f)) small apply to civil money penalties under this subsection
in the same manner as such provisions apply to a penalty or proceeding under
section 1128A(a) of the Social Security Act. The secretary may delegate
authority under this section in the same manner as provided in section
1128A(j)(2) of the Social Security Act and such authority shall include all
powers as contained in 5 U.S.C. App., section 6.'
`(j) DEFINITIONS- For purposes of this section, the terms `biological
agent' and `toxin' have the same meaning as in section 178 of title 18, United
States Code.'.
(A) DATE CERTAIN FOR PROMULGATION; EFFECTIVE DATE REGARDING
CRIMINAL AND CIVIL PENALTIES- Not later than 180 days after the date of
the enactment of this title, the Secretary of Health and Human Services
shall promulgate an interim final rule for carrying out section 351A(c) of
the Public Health Service Act, which amends the Antiterrorism and
Effective Death Penalty Act of 1996. Such interim final rule will take
effect 60 days after the date on which such rule is promulgated, including
for purposes of--
(i) section 175(b) of title 18, United States Code (relating to
criminal penalties), as added by subsection (b)(1)(B) of this section;
and
(ii) section 351A(i) of the Public Health Service Act (relating
to civil penalties).
(B) SUBMISSION OF REGISTRATION APPLICATIONS- A person required to
register for possession under the interim final rule promulgated under
subparagraph (A), shall submit an application for such registration not
later than 60 days after the date on which such rule is
promulgated.
(3) CONFORMING AMENDMENT- Subsections (d), (e), (f), and (g) of
section 511 of the Antiterrorism and Effective Death Penalty Act of 1996 (42
U.S.C. 262 note) are repealed.
(4) EFFECTIVE DATE- Paragraph (1) shall take effect as if
incorporated in the Antiterrorism and Effective Death Penalty Act of 1996,
and any regulations, including the list under subsection (d)(1) of section
511 of that Act, issued under section 511 of that Act shall remain in effect
as if issued under section 351A of the Public Health Service Act.
(1) IN GENERAL- Section 175 of title 18, United States Code, as
amended by the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of
2001 (Public Law 107-56) is amended--
(A) by redesignating subsections (b) and (c) as subsections (c)
and (d), respectively; and
(B) by inserting after subsection (a) the following:
`(1) UNREGISTERED FOR POSSESSION- Whoever knowingly possesses a
biological agent or toxin where such agent or toxin is a select agent for
which such person has not obtained a registration required by regulation
issued under section 351A(c) of the Public Health Service Act shall be fined
under this title, or imprisoned for not more than 5 years, or
both.
`(2) TRANSFER TO UNREGISTERED PERSON- Whoever transfers a select
agent to a person who the transferor has reasons to believe has not obtained
a registration required by regulations issued under section 351A(b) or (c)
of the Public Health Service Act shall be fined under this title, or
imprisoned for not more than 5 years, or both.'.
(2) DEFINITIONS- Section 175 of title 18, United States Code, as
amended by paragraph (1), is further amended by striking subsection (d) and
inserting the following:
`(d) DEFINITIONS- As used in this section:
`(1) The terms `biological agent' and `toxin' have the meanings
given such terms in section 178, except that, for purposes of subsections
(b) and (c), such terms do not encompass any biological agent or toxin that
is in its naturally occurring environment, if the biological agent or toxin
has not been cultivated, cultured, collected, or otherwise extracted from
its natural source.
`(2) The term `for use as a weapon' includes the development,
production, transfer, acquisition, retention, or possession of any
biological agent, toxin, or delivery system, other than for prophylactic,
protective, or other peaceful purposes.
`(3) The term `select agent' means a biological agent or toxin, as
defined in paragraph (1), that is on the list that is in effect pursuant to
section 511(d)(1) of the Antiterrorism and Effective Death Penalty Act of
1996 (Public Law 104-132), or as subsequently revised under section 351A(a)
of the Public Health Service Act.'.
(3) CONFORMING AMENDMENT-
(A) Section 175(a) of title 18, United States Code, is amended in
the second sentence by striking `under this section' and inserting `under
this subsection'.
(B) Section 175(c) of title 18, United States Code, (as
redesignated by paragraph (1)), is amended by striking the second
sentence.
(c) REPORT TO CONGRESS- Not later than 1 year after the date of the
enactment of this Act, the Secretary of Health and Human Services, after
consultation with other appropriate Federal agencies, shall submit to the
Congress a report that--
(1) describes the extent to which there has been compliance by
governmental and private entities with applicable regulations under section
351A of the Public Health Service Act, including the extent of compliance
before the date of the enactment of this Act, and including the extent of
compliance with regulations promulgated after such date of
enactment;
(2) describes the actions to date and future plans of the Secretary
for updating the list of biological agents and toxins under section
351A(a)(1) of the Public Health Service Act;
(3) describes the actions to date and future plans of the Secretary
for determining compliance with regulations under such section 351A of the
Public Health Service Act and for taking appropriate enforcement actions;
and
(4) provides any recommendations of the Secretary for administrative
or legislative initiatives regarding such section 351A of the Public Health
Service Act.
SEC. 8134. Section 101(1) of the Soldiers' and Sailors' Civil Relief
Act of 1940 (50 U.S.C. App. 511(1)) is amended--
(1) in the first sentence--
(A) by striking `and all' and inserting `all'; and
(B) by inserting before the period the following: `, and all
members of the National Guard on duty described in the following
sentence'; and
(2) in the second sentence, by inserting before the period the
following: `, and, in the case of a member of the National Guard, shall
include training or other duty authorized by section 502(f) of title 32,
United States Code, at the request of the President, for or in support of an
operation during a war or national emergency declared by the President or
Congress'.
SEC. 8135. SENSE OF CONGRESS CONCERNING THE MILITARY INDUSTRIAL BASE.
(a) IN GENERAL- It is the sense of the Congress that the military aircraft
industrial base of the United States be preserved. In order to ensure this we
must retain--
(1) adequate competition in the design, engineering, production,
sale and support of military aircraft;
(2) continued innovation in the development and manufacture of
military aircraft;
(3) actual and future capability of more than one aircraft company
to design, engineer, produce and support military aircraft.
(b) STUDY OF IMPACT ON THE INDUSTRIAL BASE- In order to determine the
current and future adequacy of the military aircraft industrial base a study
shall be conducted. Of the funds made available under the heading
`PROCUREMENT, DEFENSE-WIDE' in this Act, up to $1,500,000 may be made
available for a comprehensive analysis of and report on the risks to
innovation and cost of limited or no competition in contracting for military
aircraft and related weapon systems for the Department of Defense, including
the cost of contracting where there is no more than one primary manufacturer
with the capacity to bid for and build military aircraft and related weapon
systems, the impact of any limited competition in primary contracting on
innovation in the design, development, and construction of military aircraft
and related weapon systems, the impact of limited competition in primary
contracting on the current and future capacity of manufacturers to design,
engineer and build military aircraft and weapon systems. The Secretary of
Defense shall report to the House and Senate Committees on Appropriations on
the design of this analysis, and shall submit a report to these committees no
later than 6 months from the date of enactment of this Act.
SEC. 8136. The Secretary of the Army shall, using amounts appropriated
by title II of this division under the heading `OPERATION AND MAINTENANCE,
ARMY', make a production grant in the amount of $2,000,000 to Green Tree
Chemical Technologies of Parlin, New Jersey, in order to help sustain that
company through fiscal year 2002.
SEC. 8137. Of the funds appropriated in this Act under the heading
`RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE' up to $4,000,000 may
be made available to extend the modeling and reengineering program now being
performed at the Oklahoma City Air Logistics Center Propulsion
Directorate.
SEC. 8138. Of the total amount appropriated by title VI under the
heading `OTHER DEPARTMENT OF DEFENSE APPROPRIATIONS', $7,500,000 may be
available for Armed Forces Retirement Homes.
SEC. 8139. Of the total amount appropriated by this division for
operation and maintenance, Marine Corps, $2,800,000 may be used for completing
the fielding of half-zip, pullover, fleece uniform shirts for all members of
the Marine Corps, including the Marine Corps Reserve.
SEC. 8140. Of the amount appropriated by title III of this division
under the heading `AIRCRAFT PROCUREMENT, AIR FORCE', $6,000,000 may be
available for 10 radars in the Air Force Radar Modernization Program for
C-130H2 aircraft for aircraft of the Nevada Air National Guard at Reno,
Nevada.
SEC. 8141. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY',
$3,000,000 may be made available for Medical Development for the Clark County,
Nevada, bioterrorism and public health laboratory.
SEC. 8142. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE',
$1,000,000 may be made available for Agile Combat Support for the Rural Low
Bandwidth Medical Collaboration System.
SEC. 8143. Of the total amount appropriated by this division for
operation and maintenance, Navy, $6,000,000 may be available for the critical
infrastructure protection initiative.
SEC. 8144. Of the funds provided in this Act under the heading,
`RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE', $2,000,000 may be
made available for Battlespace Logistics Readiness and Sustainment project in
Fayetteville, Arkansas.
SEC. 8145. Of the funds appropriated by title VI of this division
under the heading `DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE',
$2,400,000 may be made available for the Counter Narcotics and Terrorism
Operational Medical Support Program at the Uniformed Services University of
the Health Sciences.
SEC. 8146. (a) ASSESSMENT REQUIRED- Not later than March 15, 2002, the
Secretary of the Army shall submit to the Committees on Appropriations of the
Senate and House of Representatives a report containing an assessment of
current risks under, and various alternatives to, the current Army plan for
the destruction of chemical weapons.
(b) ELEMENTS- The report under subsection (a) shall include the
following:
(1) A description and assessment of the current risks in the storage
of chemical weapons arising from potential terrorist attacks.
(2) A description and assessment of the current risks in the storage
of chemical weapons arising from storage of such weapons after April 2007,
the required date for disposal of such weapons as stated in the Chemical
Weapons Convention.
(3) A description and assessment of various options for eliminating
or reducing the risks described in paragraphs (1) and (2).
(c) CONSIDERATIONS- In preparing the report, the Secretary shall take
into account the plan for the disassembly and neutralization of the agents in
chemical weapons as described in Army engineering studies in 1985 and 1996,
the 1991 Department of Defense Safety Contingency Plan, and the 1993 findings
of the National Academy of Sciences on disassembly and neutralization of
chemical weapons.
SEC. 8147. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE'
and available for the Advanced Technology Development for Arms Control
Technology element, $7,000,000 may be made available for the Nuclear Treaty
sub-element of such element for peer-reviewed seismic research to support Air
Force operational nuclear test monitoring requirements.
SEC. 8148. Of the amount available in title III of this division under
the heading `PROCUREMENT OF AMMUNITION, AIR FORCE', $10,000,000 may be
available for procurement of Sensor Fused Weapons (CBU-97).
SEC. 8149. Of the amount appropriated by title III of this division
under the heading `OTHER PROCUREMENT, NAVY', $8,000,000 may be made available
for procurement of the Tactical Support Center, Mobile Acoustic Analysis
System.
SEC. 8150. Of the total amount appropriated by this division for
operation and maintenance, Air National Guard, $4,000,000 may be used for
continuation of the Air National Guard Information Analysis Network
(GUARDIAN).
SEC. 8151. Of the amount appropriated by title II for operation and
maintenance, Defense-wide, $55,700,000 may be available for the Defense
Leadership and Management Program.
SEC. 8152. Of the funds made available in title IV of this Act under
the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY', up to
$4,000,000 may be made available for the Display Performance and Environmental
Evaluation Laboratory Project of the Army Research Laboratory.
SEC. 8153. Of the funds made available in title II of this Act under
the heading `OPERATION AND MAINTENANCE, NAVY', up to $2,000,000 may be made
available for the U.S. Navy to expand the number of combat aircrews who can
benefit from outsourced Joint Airborne Tactical Electronic Combat
Training.
SEC. 8154. Of the funds made available in title II of this Act under
the heading `OPERATION AND MAINTENANCE, AIR FORCE', up to $2,000,000 may be
made available for the U.S. Air Force to expand the number of combat aircrews
who can benefit from outsourced Joint Airborne Tactical Electronic Combat
Training.
SEC. 8155. SENSE OF THE SENATE REGARDING ENVIRONMENTAL CONTAMINATION
IN THE PHILIPPINES. It is the sense of the Senate that--
(1) the Secretary of State, in cooperation with the Secretary of
Defense, should continue to work with the Government of the Philippines and
with appropriate non-governmental organizations in the United States and the
Philippines to fully identify and share all relevant information concerning
environmental contamination and health effects emanating from former United
States military facilities in the Philippines following the departure of the
United States military forces from the Philippines in 1992;
(2) the United States and the Government of the Philippines should
continue to build upon the agreements outlined in the Joint Statement by the
United States and the Republic of the Philippines on a Framework for
Bilateral Cooperation in the Environment and Public Health, signed on July
27, 2000; and
(3) Congress should encourage an objective non-governmental study,
which would examine environmental contamination and health effects emanating
from former United States military facilities in the Philippines, following
the departure of United States military forces from the Philippines in
1992.
SEC. 8156. (a) AUTHORITY FOR BURIAL OF CERTAIN INDIVIDUALS AT
ARLINGTON NATIONAL CEMETERY- The Secretary of the Army shall authorize the
burial in a separate gravesite at Arlington National Cemetery, Virginia, of
any individual who--
(1) died as a direct result of the terrorist attacks on the United
States on September 11, 2001; and
(2) would have been eligible for burial in Arlington National
Cemetery by reason of service in a reserve component of the Armed Forces but
for the fact that such individual was less than 60 years of age at the time
of death.
(b) ELIGIBILITY OF SURVIVING SPOUSE- The surviving spouse of an
individual buried in a gravesite in Arlington National Cemetery under the
authority provided under subsection (a) shall be eligible for burial in the
gravesite of the individual to the same extent as the surviving spouse of any
other individual buried in Arlington National Cemetery is eligible for burial
in the gravesite of such other individual.
SEC. 8157. In fiscal year 2002, the Department of the Interior
National Business Center may continue to enter into grants, cooperative
agreements, and other transactions, under the Defense Conversion,
Reinvestment, and Transition Assistance Act of 1992, and other related
legislation.
SEC. 8158. Of the total amount appropriated by this division for other
procurement, Army, $9,000,000 may be available for the `Product Improved
Combat Vehicle Crewman's Headset'.
SEC. 8159. Of the funds appropriated by this division for research,
development, test and evaluation, Navy, up to $4,000,000 may be used to
support development and testing of new designs of low cost digital modems for
Wideband Common Data Link.
SEC. 8160. Of the amount appropriated by this division for the Army
for research, development, test, and evaluation, $2,000,000 may be available
for research and development of key enabling technologies (such as filament
winding, braiding, contour weaving, and dry powder resin towpregs fabrication)
for producing low cost, improved performance, reduced signature,
multifunctional composite materials.
SEC. 8161. Of the total amount appropriated under title IV for
research, development, test and evaluation, Army, $2,000,000 may be available
for the Collaborative Engineering Center of Excellence, $3,000,000 may be
available for the Battlefield Ordnance Awareness, and $4,000,000 may be
available for the Cooperative Micro-satellite Experiment.
SEC. 8162. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY' that is
available for Munitions, $5,000,000 may be available to develop
high-performance 81mm and 120mm mortar systems that use metal matrix
composites to substantially reduce the weight of such systems.
SEC. 8163. Of the total amount appropriated by title IV of this
division for research, development, test, and evaluation, Air Force, up to
$6,000,000 may be used for human effectiveness applied research for continuing
development under the solid electrolyte oxygen separation program of the Air
Force.
SEC. 8164. Section 8106 of the Department of Defense Appropriations
Act, 1997 (titles I through VIII of the matter under subsection 101(b) of
Public Law 104-208; 110 Stat. 3009-111, 10 U.S.C. 113 note) shall continue in
effect to apply to disbursements that are made by the Department of Defense in
fiscal year 2002.
SEC. 8165. Of the amount appropriated by title IV of this division for
the Army for research, development, test, and evaluation, $5,000,000 may be
available for the Three-Dimensional Ultrasound Imaging Initiative II.
SEC. 8166. Of the amount available in title IV of this division under
the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY' that is
available for missile technology, $5,000,000 may be available for the
Surveillance Denial Solid Dye Laser Technology program of the Aviation and
Missile Research, Development and Engineering Center of the Army.
SEC. 8167. Of the amount appropriated by title III of this division
under the heading `OTHER PROCUREMENT, ARMY', $10,000,000 may be made available
for procurement of Shortstop Electronic Protection Systems for critical force
protection.
SEC. 8168. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY', up to
$5,000,000 may be made available for the Broad Area Maritime Surveillance
program.
SEC. 8169. (a) INCREASE IN AMOUNT AVAILABLE FOR FORMER SOVIET UNION
THREAT REDUCTION- The amount appropriated by title II of this division under
the heading `FORMER SOVIET UNION THREAT REDUCTION' is hereby increased by
$46,000,000.
(b) OFFSET- The amount appropriated by title II of this division under
the heading `OPERATION AND MAINTENANCE, DEFENSE-WIDE' is hereby decreased by
$46,000,000.
SEC. 8170. Of the total amount appropriated by title IV under the
heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE', $2,000,000
may be made available for Military Personnel Research.
SEC. 8171. Funds appropriated by this Act for C-130J aircraft shall be
used to support the Air Force's long-range plan called the `C-130 Roadmap' to
assist in the planning, budgeting, and beddown of the C-130J fleet. The `C-130
Roadmap' gives consideration to the needs of the service, the condition of the
aircraft to be replaced, and the requirement to properly phase facilities to
determine the best C-130J aircraft beddown sequence.
SEC. 8172. Of the funds made available in title II of this Act under
the heading `OPERATION AND MAINTENANCE, ARMY', $2,550,000 may be available for
the U.S. Army Materiel Command's Logistics and Technology Project
(LOGTECH).
SEC. 8173. Of the total amount appropriated by title IV under the
heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY', $5,000,000 is
available for the planning and design for evolutionary improvements for the
next LHD-type Amphibious Assault Ship.
SEC. 8174. (a) Of the total amount appropriated by title III of this
division for procurement, Defense-Wide, up to $5,000,000 may be made available
for low-rate initial production of the Striker advanced lightweight grenade
launcher.
(b) Of the total amount appropriated by title IV of this division for
research, development, test and evaluation, Navy, up to $1,000,000 may be made
available for the Warfighting Laboratory for delivery and evaluation of
prototype units of the Striker advanced lightweight grenade launcher.
SEC. 8175. Of the total amount appropriated by title IV of this
division for research, development, test and evaluation, Defense-Wide, up to
$4,000,000 may be made available for the Intelligent Spatial Technologies for
Smart Maps Initiative of the National Imagery and Mapping Agency.
SEC. 8176. Of the total amount appropriated by title IV of this
division for research, development, test, and evaluation, Defense-Wide,
$5,000,000 may be available for further development of light weight sensors of
chemical and biological agents using fluorescence-based detection.
SEC. 8177. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY',
$2,500,000 may be made available for the Army Nutrition Project.
SEC. 8178. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE',
$2,000,000 may be made available for the Partnership for Peace (PFP)
Information Management System. Any amount made available for the Partnership
for Peace Information Management System under this section is in addition to
other amounts available for the Partnership for Peace Information Management
System under this Act.
SEC. 8179. Of the amount appropriated by title III of this division
under the heading `OTHER PROCUREMENT, ARMY', $4,892,000 may be used for the
Communicator Automated Emergency Notification System of the Army National
Guard.
SEC. 8180. Of the funds provided for Research, Development, Test and
Evaluation in this Act, the Secretary of Defense may use $10,000,000 to
initiate a university-industry program to utilize advances in 3-dimensional
chip scale packaging (CSP) and high temperature superconducting (HTS)
transceiver performance, to reduce the size, weight, power consumption, and
cost of advanced military wireless communications systems for covert military
and intelligence operations, especially HUMINT.
SEC. 8181. (a) FUNDING FOR NATIONAL GUARD CONSOLIDATED INTERACTIVE
VIRTUAL INFORMATION CENTER- Of the amount appropriated by title II of this
division under the heading `OPERATION AND MAINTENANCE, AIR NATIONAL GUARD',
$5,000,000 may be available for the Consolidated Interactive Virtual
Information Center of the National Guard.
(b) SUPPLEMENT NOT SUPPLANT- The amount available under subsection (a)
for the Consolidated Interactive Virtual Information Center of the National
Guard is in addition to any other amounts available under this Act for the
Consolidated Interactive Virtual Information Center.
SEC. 8182. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY' and
available for Navy Space and Electronic Warfare (SEW) Architecture/Engine,
$1,200,000 may be made available for concept development and composite
construction of high speed vessels currently implemented by the Navy Warfare
Development Command.
SEC. 8183. Of the total amount appropriated by this division for
operation and maintenance, Defense-Wide, $5,000,000 may be available for
payments under section 363 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law
106-398; 114 Stat. 1654A-77).
SEC. 8184. (a) FINDINGS- The Senate makes the following
findings:
(1) The military departments have recently initiated worker safety
demonstration programs.
(2) These programs are intended to improve the working conditions of
Department of Defense personnel and save money.
(3) These programs are in the public interest, and the enhancement
of these programs will lead to desirable results for the military
departments.
(b) FUNDS FOR ENHANCEMENT OF ARMY PROGRAM- Of the amount appropriated
by title II of this division under the heading `OPERATION AND MAINTENANCE,
ARMY', $3,300,000 may be available to enhance the Worker Safety Demonstration
Program of the Army.
(c) FUNDS FOR ENHANCEMENT OF NAVY PROGRAM- Of the amount appropriated
by title II of this division under the heading `OPERATION AND MAINTENANCE,
NAVY', $3,300,000 may be available to enhance the Worker Safety Demonstration
Program of the Navy.
(d) FUNDS FOR ENHANCEMENT OF AIR FORCE PROGRAM- Of the amount
appropriated by title II of this division under the heading `OPERATION AND
MAINTENANCE, AIR FORCE', $3,300,000 may be available to enhance the Worker
Safety Demonstration Program of the Air Force.
SEC. 8185. Of the total amount appropriated by this division for
operation and maintenance, Air National Guard, $435,000 may be available
(subject to section 2805(c) of title 10, United States Code) for the
replacement of deteriorating gas lines, mains, valves, and fittings at the Air
National Guard facility at Rosecrans Memorial Airport, St. Joseph, Missouri,
and (subject to section 2811 of title 10, United States Code) for the repair
of the roof of the Aerial Port Facility at that airport.
SEC. 8186. Of the amount appropriated in title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY',
$7,000,000 may be made available for the Center for Advanced Power
Systems.
SEC. 8187. Of the amount appropriated by title IV of this division for
the Air Force for research, development, test, and evaluation, $3,500,000 may
be available for the Collaborative Technology Clusters program.
SEC. 8188. Of the amount appropriated by title III of this division
under the heading `OTHER PROCUREMENT, ARMY', $7,000,000 may be available for
Army live fire ranges.
SEC. 8189. Of the amount appropriated by title II of this division
under the heading `OPERATION AND MAINTENANCE, AIR FORCE', $3,900,000 may be
available for the aging aircraft program of the Air Force.
SEC. 8190. Of the total amount appropriated in title II of this
division for operation and maintenance, Navy, for civilian manpower and
personnel management, $1,500,000 may be used for the Navy Pilot Human
Resources Call Center, Cutler, Maine.
SEC. 8191. Of the total amount appropriated in title IV of this
division for research, development, test and evaluation, Army, $5,000,000 may
be used for Compact Kinetic Energy Missile Inertial Future Missile Technology
Integration.
SEC. 8192. Of the amount appropriated by title III of this division
under the heading `OTHER PROCUREMENT, NAVY', $1,600,000 may be available for
the Navy for Engineering Control and Surveillance Systems.
SEC. 8193. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY',
$5,000,000 may made be available for a program at the Naval Medical Research
Center (NMRC) to treat victims of radiation exposure.
SEC. 8194. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, DEFENSE-WIDE',
$10,000,000 may be available for the Gulf States Initiative.
SEC. 8195. Of the total amount appropriated by title IV of this
division for research, development, test, and evaluation, Navy, $4,300,000 may
be available for the demonstration and validation of laser fabricated steel
reinforcement for ship construction.
SEC. 8196. REPORT ON PROGRESS TOWARD IMPLEMENTATION OF COMPREHENSIVE
NUCLEAR THREAT REDUCTION PROGRAMS TO SAFEGUARD PAKISTANI AND INDIAN MISSILE
NUCLEAR STOCKPILES AND TECHNOLOGY. (a) FINDINGS- Congress makes the following
findings:
(1) Since 1991 the Nunn-Lugar cooperative threat reduction
initiative with the Russian Federation has sought to address the threat
posed by Soviet-era stockpiles of nuclear, chemical, and biological
weapons-grade materials being illicitly acquired by terrorist organizations
or rogue states.
(2) India and Pakistan have acquired or developed independently
nuclear materials, detonation devices, warheads, and delivery systems as
part of their nuclear weapons programs.
(3) Neither India nor Pakistan is currently a signatory of the
Nuclear Non-Proliferation Treaty or the Comprehensive Test Ban Treaty or an
active participant in the United Nations Conference of Disarmament, nor do
these countries voluntarily submit to international inspections of their
nuclear facilities.
(4) Since the commencement of the military campaign against the
Taliban regime and the al-Qaeda terrorist network in Afghanistan, Pakistan
has taken additional steps to secure its nuclear assets from theft by
members of al-Qaeda or other terrorists sympathetic to Osama bin Laden or
the Taliban.
(5) Self-policing of nuclear materials and sensitive technologies by
Indian and Pakistani authorities without up-to-date Western technology and
expertise in the nuclear security area is unlikely to prevent determined
terrorists or sympathizers from gaining access to such stockpiles over the
long term.
(6) The United States has a significant national security interest
in cooperating with India and Pakistan in order to ensure that effective
nuclear threat reduction programs and policies are being pursued by the
governments of those two countries.
(b) REPORT- Not later than 180 days after the date of enactment of
this Act, the Secretary of Defense, in cooperation with the Secretaries of
State and Energy, shall submit a report to Congress describing the steps that
have been taken to develop cooperative threat reduction programs with India
and Pakistan. Such report shall include recommendations for changes in any
provision of existing law that is currently an impediment to the full
establishment of such programs, a timetable for implementation of such
programs, and an estimated five-year budget that will be required to fully
fund such programs.
SEC. 8197. Of the amount appropriated by title III of this division
under the heading `PROCUREMENT, MARINE CORPS', $5,000,000 may be available for
M-4 Carbine, Modular Weapon Systems.
SEC. 8198. Of the amount appropriated by title III of this division
under the heading `AIRCRAFT PROCUREMENT, ARMY', $7,500,000 may be available
for AN/AVR-2A laser detecting sets.
SEC. 8199. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE',
$2,500,000 may be available for Industrial Preparedness (PE0708011F) for
continuing development of the nickel-metal hydride replacement battery for
F-16 aircraft.
SEC. 8200. Of the amount appropriated by title III under the heading
`AIRCRAFT PROCUREMENT, NAVY', $8,960,000 may be available for the Navy for
four Hushkit noise inhibitors for C-9 aircraft.
SEC. 8201. Of the amount appropriated by title VI of this division
under the heading `DEFENSE HEALTH PROGRAM', $5,000,000 may be available for
the Army for the development of the Operating Room of the Future, an applied
technology test bed at the University of Maryland Medical Center.
SEC. 8202. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY',
$5,700,000 may be made available for the Coalition for Advanced Biomaterials
Technologies and Therapies (CABTT) program to maximize far-forward treatment
and for the accelerated return to duty of combat casualties.
SEC. 8203. Of the amount appropriated by title III of this division
under the heading `AIRCRAFT PROCUREMENT, NAVY', $9,800,000 may be available
for Advanced Digital Recorders and Digital Recorder Producers for P-3
aircraft.
SEC. 8204. From amounts appropriated by this division, amounts may
hereby be made available as follows: $8,000,000 for Big Crow
(PE605118D).
SEC. 8205. From within amounts appropriated by title IV of this
division under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY'
the Commanding General of the Army Space and Missile Defense Command may
acquire and maintain domed housing units for military personnel on Kwajalein
Atoll and other islands and locations in support of the mission of the
command.
SEC. 8206. Of the funds made available in title IV of this Act under
the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, ARMY' $4,000,000 may
be available for a national tissue engineering center.
SEC. 8207. Of the funds in title III for Ammunition Procurement, Army,
$5,000,000 may be available for M107, HE, 155mm.
SEC. 8208. Of the funds in title IV for Research, Development, Test
and Evaluation, Air Force, $1,000,000 may be available for Integrated Medical
Information Technology System.
SEC. 8209. Of the funds authorized in title IV for appropriation for
Research, Development, Test and Evaluation, Navy, $3,000,000 may be available
for modular helmet.
SEC. 8210. Of the funds available in title II for Operation and
Maintenance, Army Reserve, $5,000,000 may be available for land forces
readiness-information operations.
SEC. 8211. Of the total amount appropriated by title III of this
division for other procurement, Navy, $10,000,000 may be available for the
NULKA decoy procurement.
SEC. 8212. (a) MODIFICATION OF GENERAL REQUIREMENTS- Section 1078(b)
of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001
(as enacted by Public Law 106-398; 114 Stat. 1654A-283) is amended--
(1) in paragraph (1), by inserting `, or its contractors or
subcontractors,' after `Department of Defense'; and
(2) in paragraph (3), by striking `stored, assembled, disassembled,
or maintained' and inserting `manufactured, assembled, or
disassembled'.
(b) DETERMINATION OF EXPOSURES AT IAAP- The Secretary of Defense shall
take appropriate actions to determine the nature and extent of the exposure of
current and former employees at the Army facility at the Iowa Army Ammunition
Plant, including contractor and subcontractor employees at the facility, to
radioactive or other hazardous substances at the facility, including possible
pathways for the exposure of such employees to such substances.
(c) NOTIFICATION OF EMPLOYEES REGARDING EXPOSURE- (1) The Secretary
shall take appropriate actions to--
(A) identify current and former employees at the facility referred
to in subsection (b), including contractor and subcontractor employees at
the facility; and
(B) notify such employees of known or possible exposures to
radioactive or other hazardous substances at the facility.
(2) Notice under paragraph (1)(B) shall include--
(A) information on the discussion of exposures covered by such
notice with health care providers and other appropriate persons who do not
hold a security clearance; and
(B) if necessary, appropriate guidance on contacting health care
providers and officials involved with cleanup of the facility who hold an
appropriate security clearance.
(3) Notice under paragraph (1)(B) shall be by mail or other
appropriate means, as determined by the Secretary.
(d) DEADLINE FOR ACTIONS- The Secretary shall complete the actions
required by subsections (b) and (c) not later than 90 days after the date of
the enactment of this Act.
(e) REPORT- Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the congressional defense committees a
report setting forth the results of the actions undertaken by the Secretary
under this section, including any determinations under subsection (b), the
number of workers identified under subsection (c)(1)(A), the content of the
notice to such workers under subsection (c)(1)(B), and the status of progress
on the provision of the notice to such workers under subsection
(c)(1)(B).
SEC. 8213. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR FORCE'
$1,000,000, may be available for Low Cost Launch Vehicle Technology.
SEC. 8214. (a) STUDY OF PHYSICAL STATE OF ARMED SERVICES INITIAL ENTRY
TRAINEE HOUSING AND BARRACKS- The Comptroller General of the United States
shall carry out a study of the physical state of the Initial Entry Trainee
housing and barracks of the Armed Services.
(b) REPORT TO CONGRESS- Not later than nine months after the date of
the enactment of this Act, the Comptroller General shall submit to the
congressional defense committees a report on the study carried out under
subsection (a). The report shall set forth the results of the study, and shall
include such other matters relating to the study as the Comptroller General
considers appropriate.
(c) CONGRESSIONAL DEFENSE COMMITTEES DEFINED- In this section, the
term `congressional defense committees' means--
(1) the Committees on Appropriations and Armed Services of the
Senate; and
(2) the Committees on Appropriations and Armed Services of the House
of Representatives.
SEC. 8215. PILOT PROGRAM FOR EFFICIENT INVENTORY MANAGEMENT SYSTEM FOR
THE DEPARTMENT OF DEFENSE. (a) Of the total amount appropriated by this
division for operation and maintenance, Defense-Wide, $1,000,000 may be
available for the Secretary of Defense to carry out a pilot program for the
development and operation of an efficient inventory management system for the
Department of Defense. The pilot program may be designed to address the
problems in the inventory management system of the Department that were
identified by the Comptroller General of the United States as a result of the
General Accounting Office audit of the inventory management system of the
Department in 1997.
(b) In entering into any contract for purposes of the pilot program,
the Secretary may take into appropriate account current Department contract
goals for small business concerns owned and controlled by socially and
economically disadvantaged individuals.
(c) Not later than one year after the date of the enactment of this
Act, the Secretary may submit to Congress a report on the pilot program. The
report shall describe the pilot program, assess the progress of the pilot
program, and contain such recommendations as the Secretary considers
appropriate regarding expansion or extension of the pilot program.
SEC. 8216. Of the amount appropriated by title IV of this division
under the heading `RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY',
$2,000,000 may be allocated to the Advanced Safety Tether Operation and
Reliability/Space Transfer using Electrodynamic Propulsion (STEP-AIRSEDS)
program (PE0602236N) of the Office of Naval Research/Navy Research
Laboratory.
TITLE IX--AMERICAN SERVICEMEMBERS' PROTECTION ACT OF
2001
SEC. 9001. SHORT TITLE.
This title may be cited as the `American Servicemembers' Protection
Act of 2001'.
SEC. 9002. FINDINGS.
Congress makes the following findings:
(1) On July 17, 1998, the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of an International Criminal Court,
meeting in Rome, Italy, adopted the `Rome Statute of the International
Criminal Court'. The vote on whether to proceed with the statute was 120 in
favor to 7 against, with 21 countries abstaining. The United States voted
against final adoption of the Rome Statute.
(2) As of April 30, 2001, 139 countries had signed the Rome Statute
and 30 had ratified it. Pursuant to Article 126 of the Rome Statute, the
statute will enter into force on the first day of the month after the 60th
day following the date on which the 60th country deposits an instrument
ratifying the statute.
(3) Since adoption of the Rome Statute, a Preparatory Commission for
the International Criminal Court has met regularly to draft documents to
implement the Rome Statute, including Rules of Procedure and Evidence,
Elements of Crimes, and a definition of the Crime of Aggression.
(4) During testimony before the Congress following the adoption of
the Rome Statute, the lead United States negotiator, Ambassador David
Scheffer stated that the United States could not sign the Rome Statute
because certain critical negotiating objectives of the United States had not
been achieved. As a result, he stated: `We are left with consequences that
do not serve the cause of international justice.'
(5) Ambassador Scheffer went on to tell the Congress that:
`Multinational peacekeeping forces operating in a country that has joined
the treaty can be exposed to the Court's jurisdiction even if the country of
the individual peacekeeper has not joined the treaty. Thus, the treaty
purports to establish an arrangement whereby United States armed forces
operating overseas could be conceivably prosecuted by the international
court even if the United States has not agreed to be bound by the treaty.
Not only is this contrary to the most fundamental principles of treaty law,
it could inhibit the ability of the United States to use its military to
meet alliance obligations and participate in multinational operations,
including humanitarian interventions to save civilian lives. Other
contributors to peacekeeping operations will be similarly
exposed.'.
(6) Notwithstanding these concerns, President Clinton directed that
the United States sign the Rome Statute on December 31, 2000. In a statement
issued that day, he stated that in view of the unremedied deficiencies of
the Rome Statute, `I will not, and do not recommend that my successor submit
the Treaty to the Senate for advice and consent until our fundamental
concerns are satisfied'.
(7) Any American prosecuted by the International Criminal Court
will, under the Rome Statute, be denied procedural protections to which all
Americans are entitled under the Bill of Rights to the United States
Constitution, such as the right to trial by jury.
(8) Members of the Armed Forces of the United States should be free
from the risk of prosecution by the International Criminal Court, especially
when they are stationed or deployed around the world to protect the vital
national interests of the United States. The United States Government has an
obligation to protect the members of its Armed Forces, to the maximum extent
possible, against criminal prosecutions carried out by the International
Criminal Court.
(9) In addition to exposing members of the Armed Forces of the
United States to the risk of international criminal prosecution, the Rome
Statute creates a risk that the President and other senior elected and
appointed officials of the United States Government may be prosecuted by the
International Criminal Court. Particularly if the Preparatory Commission
agrees on a definition of the Crime of Aggression over United States
objections, senior United States officials may be at risk of criminal
prosecution for national security decisions involving such matters as
responding to acts of terrorism, preventing the proliferation of weapons of
mass destruction, and deterring aggression. No less than members of the
Armed Forces of the United States, senior officials of the United States
Government should be free from the risk of prosecution by the International
Criminal Court, especially with respect to official actions taken by them to
protect the national interests of the United States.
(10) Any agreement within the Preparatory Commission on a definition
of the Crime of Aggression that usurps the prerogative of the United Nations
Security Council under Article 39 of the charter of the United Nations to
`determine the existence of any . . . act of aggression' would contravene
the charter of the United Nations and undermine deterrence.
(11) It is a fundamental principle of international law that a
treaty is binding upon its parties only and that it does not create
obligations for nonparties without their consent to be bound. The United
States is not a party to the Rome Statute and will not be bound by any of
its terms. The United States will not recognize the jurisdiction of the
International Criminal Court over United States nationals.
SEC. 9003. WAIVER AND TERMINATION OF PROHIBITIONS OF THIS
TITLE.
(a) AUTHORITY TO WAIVE SECTIONS 9004 AND 9005 WITH RESPECT TO AN
INVESTIGATION OR PROSECUTION OF A NAMED INDIVIDUAL- The President is
authorized to waive the prohibitions and requirements of sections 9004 and
9005 to the degree such prohibitions and requirements would prevent United
States cooperation with an investigation or prosecution of a named individual
by the International Criminal Court. A waiver under this subsection may be
issued only if the President at least 15 days in advance of exercising such
authority--
(1) notifies the appropriate congressional committees of the
intention to exercise such authority; and
(2) determines and reports to the appropriate congressional
committees that--
(A) there is reason to believe that the named individual committed
the crime or crimes that are the subject of the International Criminal
Court's investigation or prosecution;
(B) it is in the national interest of the United States for the
International Criminal Court's investigation or prosecution of the named
individual to proceed; and
(C) in investigating events related to actions by the named
individual, none of the following persons will be investigated, arrested,
detained, prosecuted, or imprisoned by or on behalf of the International
Criminal Court with respect to actions undertaken by them in an official
capacity:
(i) Covered United States persons.
(ii) Covered allied persons.
(iii) Individuals who were covered United States persons or
covered allied persons.
(b) TERMINATION OF PROHIBITIONS OF THIS TITLE- The prohibitions and
requirements of sections 9004 and 9005 shall cease to apply, and the authority
of section 9006 shall terminate, if the United States becomes a party to the
International Criminal Court pursuant to a treaty made under article II,
section 2, clause 2 of the Constitution of the United States.
SEC. 9004. PROHIBITION ON COOPERATION WITH THE INTERNATIONAL CRIMINAL
COURT.
(a) APPLICATION- The provisions of this section--
(1) apply only to cooperation with the International Criminal Court
and shall not apply to cooperation with an ad hoc international criminal
tribunal established by the United Nations Security Council before or after
the date of the enactment of this Act to investigate and prosecute war
crimes committed in a specific country or during a specific conflict;
and
(A) any action permitted under section 9006; or
(B) communication by the United States of its policy with respect
to a matter.
(b) PROHIBITION ON RESPONDING TO REQUESTS FOR COOPERATION-
Notwithstanding section 1782 of title 28, United States Code, or any other
provision of law, no United States Court, and no agency or entity of any State
or local government, including any court, may cooperate with the International
Criminal Court in response to a request for cooperation submitted by the
International Criminal Court pursuant to the Rome Statute.
(c) PROHIBITION ON TRANSMITTAL OF LETTERS ROGATORY FROM THE
INTERNATIONAL CRIMINAL COURT- Notwithstanding section 1781 of title 28, United
States Code, or any other provision of law, no agency of the United States
Government may transmit for execution any letter rogatory issued, or other
request for cooperation made, by the International Criminal Court to the
tribunal, officer, or agency in the United States to whom it is
addressed.
(d) PROHIBITION ON EXTRADITION TO THE INTERNATIONAL CRIMINAL COURT-
Notwithstanding any other provision of law, no agency or entity of the United
States Government or of any State or local government may extradite any person
from the United States to the International Criminal Court, nor support the
transfer of any United States citizen or permanent resident alien to the
International Criminal Court.
(e) PROHIBITION ON PROVISION OF SUPPORT TO THE INTERNATIONAL CRIMINAL
COURT- Notwithstanding any other provision of law, no agency or entity of the
United States Government or of any State or local government, including any
court, may provide support to the International Criminal Court.
(f) PROHIBITION ON USE OF APPROPRIATED FUNDS TO ASSIST THE
INTERNATIONAL CRIMINAL COURT- Notwithstanding any other provision of law, no
funds appropriated under any provision of law may be used for the purpose of
assisting the investigation, arrest, detention, extradition, or prosecution of
any United States citizen or permanent resident alien by the International
Criminal Court.
(g) RESTRICTION ON ASSISTANCE PURSUANT TO MUTUAL LEGAL ASSISTANCE
TREATIES- The United States shall exercise its rights to limit the use of
assistance provided under all treaties and executive agreements for mutual
legal assistance in criminal matters, multilateral conventions with legal
assistance provisions, and extradition treaties, to which the United States is
a party, and in connection with the execution or issuance of any letter
rogatory, to prevent the transfer to, or other use by, the International
Criminal Court of any assistance provided by the United States under such
treaties and letters rogatory.
(h) PROHIBITION ON INVESTIGATIVE ACTIVITIES OF AGENTS- No agent of the
International Criminal Court may conduct, in the United States or any
territory subject to the jurisdiction of the United States, any investigative
activity relating to a preliminary inquiry, investigation, prosecution, or
other proceeding at the International Criminal Court.
SEC. 9005. PROHIBITION ON DIRECT OR INDIRECT TRANSFER OF CLASSIFIED
NATIONAL SECURITY INFORMATION AND LAW ENFORCEMENT INFORMATION TO THE
INTERNATIONAL CRIMINAL COURT.
(a) IN GENERAL- Not later than the date on which the Rome Statute
enters into force, the President shall ensure that appropriate procedures are
in place to prevent the transfer of classified national security information
and law enforcement information to the International Criminal Court for the
purpose of facilitating an investigation, apprehension, or
prosecution.
(b) INDIRECT TRANSFER- The procedures adopted pursuant to subsection
(a) shall be designed to prevent the transfer to the United Nations and to the
government of any country that is party to the International Criminal Court of
classified national security information and law enforcement information that
specifically relates to matters known to be under investigation or prosecution
by the International Criminal Court, except to the degree that satisfactory
assurances are received from the United Nations or that government, as the
case may be, that such information will not be made available to the
International Criminal Court for the purpose of facilitating an investigation,
apprehension, or prosecution.
(c) CONSTRUCTION- The provisions of this section shall not be
construed to prohibit any action permitted under section 9006.
SEC. 9006. AUTHORITY TO FREE MEMBERS OF THE ARMED FORCES OF THE UNITED
STATES AND CERTAIN OTHER PERSONS DETAINED OR IMPRISONED BY OR ON BEHALF OF THE
INTERNATIONAL CRIMINAL COURT.
(a) AUTHORITY- The President is authorized to use all means necessary
and appropriate to bring about the release of any person described in
subsection (b) who is being detained or imprisoned by, on behalf of, or at the
request of the International Criminal Court.
(b) PERSONS AUTHORIZED TO BE FREED- The authority of subsection (a)
shall extend to the following persons:
(1) Covered United States persons.
(2) Covered allied persons.
(3) Individuals detained or imprisoned for official actions taken
while the individual was a covered United States person or a covered allied
person, and in the case of a covered allied person, upon the request of such
government.
(c) AUTHORIZATION OF LEGAL ASSISTANCE- When any person described in
subsection (b) is arrested, detained, investigated, prosecuted, or imprisoned
by, on behalf of, or at the request of the International Criminal Court, the
President is authorized to direct any agency of the United States Government
to provide--
(1) legal representation and other legal assistance to that person
(including, in the case of a person entitled to assistance under section
1037 of title 10, United States Code, representation and other assistance in
the manner provided in that section);
(2) exculpatory evidence on behalf of that person; and
(3) defense of the interests of the United States through appearance
before the International Criminal Court pursuant to Article 18 or 19 of the
Rome Statute, or before the courts or tribunals of any country.
(d) BRIBES AND OTHER INDUCEMENTS NOT AUTHORIZED- This section does not
authorize the payment of bribes or the provision of other such incentives to
induce the release of a person described in subsection (b).
SEC. 9007. ALLIANCE COMMAND ARRANGEMENTS.
(a) REPORT ON ALLIANCE COMMAND ARRANGEMENTS- Not later than 6 months
after the date of the enactment of this Act, the President should transmit to
the appropriate congressional committees a report with respect to each
military alliance to which the United States is party--
(1) describing the degree to which members of the Armed Forces of
the United States may, in the context of military operations undertaken by
or pursuant to that alliance, be placed under the command or operational
control of foreign military officers subject to the jurisdiction of the
International Criminal Court because they are nationals of a party to the
International Criminal Court; and
(2) evaluating the degree to which members of the Armed Forces of
the United States engaged in military operations undertaken by or pursuant
to that alliance may be exposed to greater risks as a result of being placed
under the command or operational control of foreign military officers
subject to the jurisdiction of the International Criminal Court.
(b) DESCRIPTION OF MEASURES TO ACHIEVE ENHANCED PROTECTION FOR MEMBERS
OF THE ARMED FORCES OF THE UNITED STATES- Not later than one year after the
date of the enactment of this Act, the President should transmit to the
appropriate congressional committees a description of modifications to command
and operational control arrangements within military alliances to which the
United States is a party that could be made in order to reduce any risks to
members of the Armed Forces of the United States identified pursuant to
subsection (a)(2).
(c) SUBMISSION IN CLASSIFIED FORM- The report under subsection (a),
and the description of measures under subsection (b), or appropriate parts
thereof, may be submitted in classified form.
SEC. 9008. WITHHOLDINGS.
Funds withheld from the United States share of assessments to the
United Nations or any other international organization during any fiscal year
pursuant to section 705 of the Admiral James W. Nance and Meg Donovan Foreign
Relations Authorization Act, Fiscal Years 2000 and 2001 (as enacted by section
1000(a)(7) of Public Law 106-113; 113 Stat. 1501A-460), are authorized to be
transferred to the Embassy Security, Construction and Maintenance Account of
the Department of State.
SEC. 9009. APPLICATION OF SECTIONS 9004 AND 9005 TO EXERCISE OF
CONSTITUTIONAL AUTHORITIES.
(a) IN GENERAL- Sections 9004 and 9005 shall not apply to any action
or actions with respect to a specific matter involving the International
Criminal Court taken or directed by the President on a case-by-case basis in
the exercise of the President's authority as Commander in Chief of the Armed
Forces of the United States under article II, section 2 of the United States
Constitution or in the exercise of the executive power under article II,
section 1 of the United States Constitution.
(b) NOTIFICATION TO CONGRESS-
(1) IN GENERAL- Subject to paragraph (2), not later than 15 days
after the President takes or directs an action or actions described in
subsection (a) that would otherwise be prohibited under section 9004 or
9005, the President shall submit a notification of such action to the
appropriate congressional committees. A notification under this paragraph
shall include a description of the action, a determination that the action
is in the national interest of the United States, and a justification for
the action.
(2) EXCEPTION- If the President determines that a full notification
under paragraph (1) could jeopardize the national security of the United
States or compromise a United States law enforcement activity, not later
than 15 days after the President takes or directs an action or actions
referred to in paragraph (1) the President shall notify the appropriate
congressional committees that an action has been taken and a determination
has been made pursuant to this paragraph. The President shall provide a full
notification under paragraph (1) not later than 15 days after the reasons
for the determination under this paragraph no longer apply.
(c) CONSTRUCTION- Nothing in this section shall be construed as a
grant of statutory authority to the President to take any action.
SEC. 9010. NONDELEGATION.
The authorities vested in the President by sections 9003 and 9009(a)
may not be delegated by the President pursuant to section 301 of title 3,
United States Code, or any other provision of law.
SEC. 9011. DEFINITIONS.
As used in this title and in section 706 of the Admiral James W. Nance
and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
2001:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations of the
Senate.
(2) CLASSIFIED NATIONAL SECURITY INFORMATION- The term `classified
national security information' means information that is classified or
classifiable under Executive Order 12958 or a successor Executive
order.
(3) COVERED ALLIED PERSONS- The term `covered allied persons' means
military personnel, elected or appointed officials, and other persons
employed by or working on behalf of the government of a NATO member country,
a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan,
Argentina, the Republic of Korea, and New Zealand), or Taiwan, for so long
as that government is not a party to the International Criminal Court and
wishes its officials and other persons working on its behalf to be exempted
from the jurisdiction of the International Criminal Court.
(4) COVERED UNITED STATES PERSONS- The term `covered United States
persons' means members of the Armed Forces of the United States, elected or
appointed officials of the United States Government, and other persons
employed by or working on behalf of the United States Government, for so
long as the United States is not a party to the International Criminal
Court.
(5) EXTRADITION- The terms `extradition' and `extradite' mean the
extradition of a person in accordance with the provisions of chapter 209 of
title 18, United States Code, (including section 3181(b) of such title) and
such terms include both extradition and surrender as those terms are defined
in Article 102 of the Rome Statute.
(6) INTERNATIONAL CRIMINAL COURT- The term `International Criminal
Court' means the court established by the Rome Statute.
(7) MAJOR NON-NATO ALLY- The term `major non-NATO ally' means a
country that has been so designated in accordance with section 517 of the
Foreign Assistance Act of 1961.
(8) PARTICIPATE IN ANY PEACEKEEPING OPERATION UNDER CHAPTER VI OF
THE CHARTER OF THE UNITED NATIONS OR PEACE ENFORCEMENT OPERATION UNDER
CHAPTER VII OF THE CHARTER OF THE UNITED NATIONS- The term `participate in
any peacekeeping operation under chapter VI of the charter of the United
Nations or peace enforcement operation under chapter VII of the charter of
the United Nations' means to assign members of the Armed Forces of the
United States to a United Nations military command structure as part of a
peacekeeping operation under chapter VI of the charter of the United Nations
or peace enforcement operation under chapter VII of the charter of the
United Nations in which those members of the Armed Forces of the United
States are subject to the command or operational control of one or more
foreign military officers not appointed in conformity with article II,
section 2, clause 2 of the Constitution of the United States.
(9) PARTY TO THE INTERNATIONAL CRIMINAL COURT- The term `party to
the International Criminal Court' means a government that has deposited an
instrument of ratification, acceptance, approval, or accession to the Rome
Statute, and has not withdrawn from the Rome Statute pursuant to Article 127
thereof.
(10) PEACEKEEPING OPERATION UNDER CHAPTER VI OF THE CHARTER OF THE
UNITED NATIONS OR PEACE ENFORCEMENT OPERATION UNDER CHAPTER VII OF THE
CHARTER OF THE UNITED NATIONS- The term `peacekeeping operation under
chapter VI of the charter of the United Nations or peace enforcement
operation under chapter VII of the charter of the United Nations' means any
military operation to maintain or restore international peace and security
that--
(A) is authorized by the United Nations Security Council under
chapter VI or VII of the charter of the United Nations; and
(B) is paid for from assessed contributions of United Nations
members that are made available for peacekeeping or peace enforcement
activities.
(11) ROME STATUTE- The term `Rome Statute' means the Rome Statute of
the International Criminal Court, adopted by the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an International
Criminal Court on July 17, 1998.
(12) SUPPORT- The term `support' means assistance of any kind,
including financial support, transfer of property or other material support,
services, intelligence sharing, law enforcement cooperation, the training or
detail of personnel, and the arrest or detention of individuals.
(13) UNITED STATES MILITARY ASSISTANCE- The term `United States
military assistance' means--
(A) assistance provided under chapter 2 or 5 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.); or
(B) defense articles or defense services furnished with the
financial assistance of the United States Government, including through
loans and guarantees, under section 23 of the Arms Export Control Act (22
U.S.C. 2763).
SEC. 9012. PERIOD OF EFFECTIVENESS OF THE TITLE.
Except as otherwise provided in this title, the provisions of this
title shall take effect on the date of enactment of this Act and remain in
effect without regard to the expiration of fiscal year 2002.
This division may be cited as the `Department of Defense
Appropriations Act, 2002'.
DIVISION B--TRANSFERS FROM THE EMERGENCY RESPONSE FUND PURSUANT TO
PUBLIC LAW 107-38
The funds appropriated in Public Law 107-38 subject to subsequent
enactment and previously designated as an emergency by the President and
Congress under the Balanced Budget and Emergency Deficit Control Act of 1985,
are transferred to the following chapters and accounts as follows:
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Office of the Secretary
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Office of the Secretary', $80,919,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Agricultural Research Service
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $70,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
BUILDINGS AND FACILITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Buildings and Facilities', $73,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Cooperative State Research, Education, and Extension Service
RESEARCH AND EDUCATION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Research and Education', $50,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $95,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38, of which $50,000,000 may be transferred and merged with
the Agriculture Quarantine Inspection User Fee Account.
BUILDINGS AND FACILITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Buildings and Facilities', $14,081,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Food Safety and Inspection Service
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Food Safety and Inspection Service',
$15,000,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
Food and Nutrition Service
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN
(WIC)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Special Supplemental Nutrition Program for
Women, Infants, and Children (WIC)', $39,000,000, to remain available until
September 30, 2003, to be obligated from amounts made available in Public Law
107-38: Provided, That of the amounts provided in this Act and any
amounts available for reallocation in fiscal year 2002, the Secretary shall
reallocate funds under section 17(g)(2) of the Child Nutrition Act of 1966, as
amended, in the manner and under the formula the Secretary deems necessary to
respond to the effects of unemployment and other conditions caused by the
recession, and starting no later than March 1, 2002, such reallocation shall
occur no less frequently than every other month throughout the fiscal
year.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $127,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
RELATED AGENCY
Commodity Futures Trading Commission
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Commodity Futures Trading Commission',
$10,000,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
GENERAL PROVISION, THIS CHAPTER
SEC. 101. Section 741(b) of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act, 2002 (P.L.
107-76), is amended by striking `20,000,000 pounds' and inserting `5,000,000
pounds'.
CHAPTER 2
DEPARTMENT OF JUSTICE
General Administration
PATRIOT ACT ACTIVITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Patriot Act Activities', $25,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38, of which $2,000,000 shall be for a feasibility report,
as authorized by Section 405 of Public Law 107-56, and of which $23,000,000
shall be for implementation of such enhancements as are deemed necessary:
Provided, That funding for the implementation of such enhancements
shall be treated as a reprogramming under section 605 of Public Law 107-77 and
shall not be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ADMINISTRATIVE REVIEW AND APPEALS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Administrative Review and Appeals',
$3,500,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses, General Legal
Activities', $21,250,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107-38, of which $15,000,000 shall
be for a cyber security initiative.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses, United States
Attorneys', $74,600,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107-38.
SALARIES AND EXPENSES, UNITED STATES MARSHALS SERVICE
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses, United States
Marshals Service', $26,100,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38, of which
$9,125,000 shall be for courthouse security equipment.
CONSTRUCTION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Construction', $35,000,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $654,500,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38, of which $10,283,000 is for the refurbishing of the
Engineering and Research Facility and $14,135,000 is for the decommissioning
and renovation of former laboratory space in the Hoover building, of which
$66,000,000 shall be for a cyber security initiative at the National
Infrastructure Protection Center.
Immigration and Naturalization Service
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States and for all costs associated with the
reorganization of the Immigration and Naturalization Service, for `Salaries
and Expenses', $449,800,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38, of which
$10,000,000 shall be for additional border patrols along the Southwest border,
of which $55,800,000 shall be for additional inspectors and support staff on
the northern border, and of which $23,900,000 shall be for transfer of and
additional border patrols and support staff on the northern border.
CONSTRUCTION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Construction', $99,600,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
Office of Justice Programs
JUSTICE ASSISTANCE
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Justice Assistance', $400,000,000, to
remain available until expended, for grants, cooperative agreements, and other
assistance authorized by sections 819 and 821 of the Antiterrorism and
Effective Death Penalty Act of 1996 and section 1014 of the USA PATRIOT ACT
(Public Law 107-56) and for other counter terrorism programs, to be obligated
from amounts made available in Public Law 107-38, of which $9,800,000 is for
an aircraft for counterterrorism and other required activities for the City of
New York.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, $245,900,000 shall be for discretionary grants
under the Edward Byrne Memorial State and Local Law Enforcement Assistance
Program, of which $81,700,000 shall be for Northern Virginia, of which
$81,700,000 shall be for New Jersey, of which $56,500,000 shall be for
Maryland, of which $17,000,000 shall be for a grant for the Utah Olympic
Public Safety Command for security equipment and infrastructure related to the
2002 Winter Olympics, including the Paralympics and related events, and of
which $9,000,000 shall be made available for discretionary grants to State and
local law enforcement agencies to establish or enhance cybercrime units aimed
at investigating and prosecuting cybersecurity offenses, to remain available
until expended, and to be obligated from amounts made available in Public Law
107-38.
CRIME VICTIMS FUND
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Crime Victims Fund', $68,100,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operations and Administration', $1,500,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
Export Administration
OPERATIONS AND ADMINISTRATION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operations and Administration', $1,756,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
Economic Development Administration
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $335,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
National Telecommunications and Information Administration
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For emergency grants authorized by section 392 of the Communications
Act of 1934, as amended, to respond to the September 11, 2001, terrorist
attacks on the United States, $8,250,000, to remain available until expended,
to be obligated from amounts made available in Public Law 107-38.
United States Patent and Trademark Office
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $3,360,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Scientific and Technical Research and
Services', $10,400,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107-38, of which $10,000,000 shall
be for a cyber security initiative.
CONSTRUCTION OF RESEARCH FACILITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Construction of Research Facilities',
$1,225,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH AND FACILITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operations, Research and Facilities',
$2,750,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
Departmental Management
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $881,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
THE JUDICIARY
Supreme Court of the United States
CARE OF THE BUILDINGS AND GROUNDS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Care of the Buildings and Grounds',
$30,000,000, to remain available until expended for security enhancements, to
be obligated from amounts made available in Public Law 107-38.
Court of Appeals, District Courts, and Other Judicial Services
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $5,000,000, is for
Emergency Communications Equipment, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
COURT SECURITY
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Court Security', $57,521,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38, for security of the Federal judiciary, of which not less
than $4,000,000 shall be available to reimburse the United States Marshals
Service for a Supervisory Deputy Marshal responsible for coordinating security
in each judicial district and circuit: Provided, That the funds may
be expended directly or transferred to the United States Marshals
Service.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $2,879,000, to
remain available until expended, to enhance security at the Thurgood Marshall
Federal Judiciary Building, to be obligated from amounts made available in
Public Law 107-38.
RELATED AGENCIES
Department of Transportation
Maritime Administration
OPERATIONS AND TRAINING
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operations and Training', $11,000,000, for
a port security program, to remain available until expended, to be obligated
from amounts made available in Public Law 107-38.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for the cost of guaranteed loans, as authorized
by the Merchant Marine Act, 1936, $12,000,000, to remain available until
expended, to be obligated from amounts made available in Public Law 107-38:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional Budget Act of
1974, as amended.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $1,301,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Securities and Exchange Commission
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $20,705,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Small Business Administration
BUSINESS LOANS PROGRAM ACCOUNT
For emergency expenses for disaster recovery activities and assistance
related to the terrorist acts in New York, Virginia and Pennsylvania on
September 11, 2001, for `Business Loans Program Account', $75,000,000, for the
cost of loan subsidies and for loan modifications as authorized by section 202
of this Act, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
DISASTER LOANS PROGRAM ACCOUNT
For emergency expenses for disaster recovery activities and assistance
related to the terrorist acts in New York, Virginia and Pennsylvania on
September 11, 2001, for `Disaster Loans Program Account', $75,000,000, for the
cost of loan subsidies and for loan modifications as authorized by section 201
of this Act, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 201. For purposes of assistance available under section 7(b)(2)
and (4) of the Small Business Act (15 U.S.C. 636(b)(2) and (4)) to small
business concerns located in disaster areas declared as a result of the
September 11, 2001, terrorist attacks--
(i) the term `small business concern' shall include not-for-profit
institutions and small business concerns described in United States Industry
Codes 522320, 522390, 523210, 523920, 523991, 524113, 524114, 524126,
524128, 524210, 524291, 524292, and 524298 of the North American Industry
Classification System (as described in 13 C.F.R. 121.201, as in effect on
January 2, 2001);
(ii) the Administrator may apply such size standards as may be
promulgated under such section 121.201 after the date of enactment of this
provision, but no later than one year following the date of enactment of
this Act; and
(iii) payments of interest and principal shall be deferred, and no
interest shall accrue during the two-year period following the issuance of
such disaster loan.
SEC. 202. Notwithstanding any other provision of law, the limitation
on the total amount of loans under section 7(b) of the Small Business Act (15
U.S.C. 636(b)) outstanding and committed to a borrower in the disaster areas
declared in response to the September 11, 2001, terrorist attacks shall be
increased to $10,000,000 and the Administrator shall, in lieu of the fee
collected under section 7(a)(23)(A) of the Small Business Act (15 U.S.C.
636(a)(23)(A)), collect an annual fee of 0.25 percent of the outstanding
balance of deferred participation loans made under section 7(a) to small
businesses adversely affected by the September 11, 2001, terrorist attacks and
their aftermath, for a period of one year following the date of enactment and
to the extent the costs of such reduced fees are offset by appropriations
provided by this Act.
SEC. 203. Not later than April 1, 2002, the Secretary of State shall
submit to the Committees on Appropriations, in both classified and
unclassified form, a report on the United States-People's Republic of China
Science and Technology Agreement of 1979, including all protocols. The report
is intended to provide a comprehensive evaluation of the benefits of the
agreement to the Chinese economy, military, and defense industrial base. The
report shall include the following elements:
(1) an accounting of all activities conducted under the Agreement
for the past five years, and a projection of activities to be undertaken
through 2010;
(2) an estimate of the annual cost to the United States to
administer the Agreement;
(3) an assessment of how the Agreement has influenced the policies
of the People's Republic of China toward scientific and technological
cooperation with the United States;
(4) an analysis of the involvement of Chinese nuclear weapons and
military missile specialists in the activities of the Joint
Commission;
(5) a determination of the extent to which the activities conducted
under the Agreement have enhanced the military and industrial base of the
People's Republic of China, and an assessment of the impact of projected
activities through 2010, including transfers of technology, on China's
economic and military capabilities; and
(6) recommendations on improving the monitoring of the activities of
the Commission by the Secretaries of Defense and State.
The report shall be developed in consultation with the Secretaries of
Commerce, Defense, and Energy, the Directors of the National Science
Foundation and the Federal Bureau of Investigation, and the intelligence
community.
SEC. 204. From within funds available to the State of Alaska or the
Alaska Region of the National Marine Fisheries Service, an additional $500,000
may be made available for the cost of guaranteeing the reduction loan
authorized under section 144(d)(4)(A) of title I, division B of Public Law
106-554 (114 Stat. 2763A-242) and that subparagraph is amended to read as
follows: `(4)(A) The fishing capacity reduction program required under this
subsection is authorized to be financed through a reduction loan of
$100,000,000 under sections 1111 and 1112 of title XI of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f and 1279g).'.
Small Business Administration
DISASTER LOAN PROGRAM ACCOUNT
SEC. 205. Of the amount made available under this heading in the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2002 (Public Law 107-77), for administrative
expenses to carry out the direct loan program, $5,000,000 shall be made
available for necessary expenses of the HUBZone program as authorized by
section 31 of the Small Business Act, as amended (15 U.S.C. 657a), of which,
not more than $500,000 may be used for the maintenance and operation of the
Procurement Marketing and Access Network (PRO-Net). The Administrator of the
Small Business Administration shall make quarterly reports to the Committees
on Appropriations of the Senate and the House of Representatives, the
Committee on Small Business and Entrepreneurship of the Senate, and the
Committee on Small Business of the House of Representatives regarding all
actions taken by the Small Business Administration to address the deficiencies
in the HUBZone program, as identified by the General Accounting Office in
report number GAO-02-57 of October 26, 2001.
CHAPTER 3
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Defense Emergency Response Fund
For emergency expenses to respond to the September 11, 2001 terrorist
attacks on the United States, for `Defense Emergency Response Fund',
$1,525,000,000, to remain available until expended, to be obligated from
amounts made available by Public Law 107-38: Provided, That
$20,000,000 shall be made available for the National Infrastructure Simulation
and Analysis Center (NISAC): Provided further, That $500,000 shall be
made available only for the White House Commission on the National Moment of
Remembrance: Provided further, That--
(1) $35,000,000 shall be available for the procurement of the
Advance Identification Friend-or-Foe system for integration into F-16
aircraft of the Air National Guard that are being used in continuous air
patrols over Washington, District of Columbia, and New York, New York;
and
(2) $20,000,000 shall be available for the procurement of the
Transportation Multi-Platform Gateway for integration into the AWACS
aircraft that are being used to perform early warning surveillance over the
United States.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 301. Amounts available in the `Defense Emergency Response Fund'
shall be available for the purposes set forth in the 2001 Emergency
Supplemental Appropriations Act for Recovery from and Response to Terrorist
Attacks on the United States (Public Law 107-38): Provided, That the
Fund may be used to reimburse other appropriations or funds of the Department
of Defense only for costs incurred for such purposes between September 11 and
December 31, 2001: Provided further, That such Fund may be used to
liquidate obligations incurred by the Department under the authorities in 41
U.S.C. 11 for any costs incurred for such purposes between September 11 and
September 30, 2001: Provided further, That the Secretary of Defense
may transfer funds from the Fund to the appropriation, `Support for
International Sporting Competitions, Defense', to be merged with, and
available for the same time period and for the same purposes as that
appropriation: Provided further, That the transfer authority provided
by this section is in addition to any other transfer authority available to
the Secretary of Defense: Provided further, That the Secretary of
Defense shall report to the Congress quarterly all transfers made pursuant to
this authority.
SEC. 302. Amounts in the `Support for International Sporting
Competitions, Defense', may be used to support essential security and safety
for the 2002 Winter Olympic Games in Salt Lake City, Utah, without the
certification required under subsection 10 U.S.C. 2564(a). Further, the term
`active duty', in section 5802 of Public Law 104-208 shall include State
active duty and full-time National Guard duty performed by members of the Army
National Guard and Air National Guard in connection with providing essential
security and safety support to the 2002 Winter Olympic Games and logistical
and security support to the 2002 Paralympic Games.
SEC. 303. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414).
CHAPTER 4
DISTRICT OF COLUMBIA
FEDERAL FUNDS
Federal Payment to the District of Columbia for Protective Clothing and
Breathing Apparatus
For a Federal payment to the District of Columbia for protective
clothing and breathing apparatus, to be obligated from amounts made available
in Public Law 107-38 and to remain available until September 30, 2003,
$7,144,000, of which $922,000 is for the Fire and Emergency Medical Services
Department, $4,269,000 is for the Metropolitan Police Department, $1,500,000
is for the Department of Health, and $453,000 is for the Department of Public
Works.
Federal Payment to the District of Columbia for Specialized Hazardous
Materials Equipment
For a Federal payment to the District of Columbia for specialized
hazardous materials equipment, to be obligated from amounts made available in
Public Law 107-38 and to remain available until September 30, 2003,
$1,032,000, for the Fire and Emergency Medical Services Department.
Federal Payment to the District of Columbia for Chemical and Biological
Weapons Preparedness
For a Federal payment to the District of Columbia for chemical and
biological weapons preparedness, to be obligated from amounts made available
in Public Law 107-38 and to remain available until September 30, 2003,
$10,355,000, of which $205,000 is for the Fire and Emergency Medical Services
Department, $258,000 is for the Metropolitan Police Department, and $9,892,000
is for the Department of Health.
Federal Payment to the District of Columbia for Pharmaceuticals for
Responders
For a Federal payment to the District of Columbia for pharmaceuticals
for responders, to be obligated from amounts made available in Public Law
107-38 and to remain available until September 30, 2003, $2,100,000, for the
Department of Health.
Federal Payment to the District of Columbia for Response and
Communications Capability
For a Federal payment to the District of Columbia for response and
communications capability, to be obligated from amounts made available in
Public Law 107-38 and to remain available until September 30, 2003,
$14,960,000, of which $7,755,000 is for the Fire and Emergency Medical
Services Department, $5,855,000 is for the Metropolitan Police Department,
$113,000 is for the Department of Public Works Division of Transportation,
$58,000 is for the Office of Property Management, $60,000 is for the
Department of Public Works, $750,000 is for the Department of Health, $309,000
is for the Department of Human Services, and $60,000 is for the Department of
Parks and Recreation.
Federal Payment to the District of Columbia for Search, Rescue and Other
Emergency Equipment and Support
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available until
September 30, 2003, for search, rescue and other emergency equipment and
support, $8,850,000, of which $5,442,000 is for the Metropolitan Police
Department, $208,000 is for the Fire and Emergency Medical Services
Department, $398,500 is for the Department of Consumer and Regulatory Affairs,
$1,178,500 is for the Department of Public Works, $542,000 is for the
Department of Human Services, and $1,081,000 is for the Department of Mental
Health.
Federal Payment to the District of Columbia for Equipment, Supplies and
Vehicles for the Office of the Chief Medical Examiner
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available until
September 30, 2003, for equipment, supplies and vehicles for the Office of the
Chief Medical Examiner, $1,780,000.
Federal Payment to the District of Columbia for Hospital Containment
Facilities for the Department of Health
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available until
September 30, 2003, for hospital containment facilities for the Department of
Health, $8,000,000.
Federal Payment to the District of Columbia for the Office of the Chief
Technology Officer
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available until
September 30, 2003, for the Office of the Chief Technology Officer,
$43,994,000, for a first response land-line and wireless interoperability
project, of which $1,000,000 shall be used to initiate a comprehensive review,
by a non-vendor contractor, of the District's current technology-based systems
and to develop a plan for integrating the communications systems of the
District of Columbia Metropolitan Police and Fire and Emergency Medical
Services Departments with the systems of regional and federal law enforcement
agencies, including but not limited to the United States Capitol Police,
United States Park Police, United States Secret Service, Federal Bureau of
Investigation, Federal Protective Service, and the Washington Metropolitan
Area Transit Authority Police: Provided, That such plan shall be
submitted to the Committees on Appropriations of the Senate and the House of
Representatives no later than June 15, 2002.
Federal Payment to the District of Columbia for Emergency Traffic
Management
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available until
September 30, 2003, for emergency traffic management, $20,700,000, for the
Department of Public Works Division of Transportation, of which $14,000,000 is
to upgrade traffic light controllers, $4,700,000 is to establish a video
traffic monitoring system, and $2,000,000 is to disseminate traffic
information.
Federal Payment to the District of Columbia for Training and
Planning
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available until
September 30, 2003, for training and planning, $11,449,000, of which
$4,400,000 is for the Fire and Emergency Medical Services Department, $990,000
is for the Metropolitan Police Department, $1,200,000 is for the Department of
Health, $200,000 is for the Office of the Chief Medical Examiner, $1,500,000
is for the Emergency Management Agency, $500,000 is for the Office of Property
Management, $500,000 is for the Department of Mental Health, $469,000 is for
the Department of Consumer and Regulatory Affairs, $240,000 is for the
Department of Public Works, $600,000 is for the Department of Human Services,
$100,000 is for the Department of Parks and Recreation, $750,000 is for the
Division of Transportation.
Federal Payment to the District of Columbia for Increased
Security
For a Federal payment to the District of Columbia, to be obligated
from amounts made available in Public Law 107-38 and to remain available until
September 30, 2003, for increased facility security, $25,536,000, of which
$3,900,000 is for the Emergency Management Agency, $14,575,000 for the public
schools, and $7,061,000 for the Office of Property Management.
Federal Payment to the Washington Metropolitan Area Transit
Authority
For a Federal payment to the Washington Metropolitan Area Transit
Authority to meet region-wide security requirements, a contribution of
$39,100,000, to be obligated from amounts made available in Public Law 107-38
and to remain available until September 30, 2003, of which $5,000,000 shall be
used for protective clothing and breathing apparatus, $17,200,000 shall be for
completion of the fiber optic network project and an automatic vehicle locator
system, and $16,900,000 shall be for increased employee and facility
security.
Federal Payment to the Metropolitan Washington Council of
Governments
For a Federal payment to the Metropolitan Washington Council of
Governments to enhance regional emergency preparedness, coordination and
response, $5,000,000, to be obligated from amounts made available in Public
Law 107-38 and to remain available until September 30, 2003, of which
$1,500,000 shall be used to contribute to the development of a comprehensive
regional emergency preparedness, coordination and response plan, $500,000
shall be used to develop a critical infrastructure threat assessment model,
$500,000 shall be used to develop and implement a regional communications
plan, and $2,500,000 shall be used to develop protocols and procedures for
training and outreach exercises.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 401. Notwithstanding any other provision of law, the Chief
Financial Officer of the District of Columbia may transfer up to 5 percent of
the funds appropriated to the District of Columbia in this chapter between
these accounts: Provided, That no such transfer shall take place
unless the Chief Financial Officer of the District of Columbia notifies in
writing the Committees on Appropriations of the Senate and the House of
Representatives 30 days in advance of such transfer.
SEC. 402. The Chief Financial Officer of the District of Columbia and
the Chief Financial Officer of the Washington Metropolitan Area Transit
Authority shall provide quarterly reports to the President and the Committees
on Appropriations of the Senate and the House of Representatives on the use of
the funds under this chapter beginning no later than March 15, 2002.
CHAPTER 5
DEPARTMENT OF DEFENSE--CIVIL
Department of the Army
Corps of Engineers--Civil
OPERATION AND MAINTENANCE, GENERAL
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operation and Maintenance, General',
$139,000,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
WATER AND RELATED RESOURCES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Water and Related Resources', $30,259,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
DEPARTMENT OF ENERGY
ATOMIC ENERGY DEFENSE ACTIVITIES
National Nuclear Security Administration
WEAPONS ACTIVITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, and for other expenses to increase the security
of the Nation's nuclear weapons complex, for `Weapons Activities',
$131,000,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
DEFENSE NUCLEAR NONPROLIFERATION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, and for other expenses to improve nuclear
nonproliferation and verification research and development (including research
and development with respect to radiological dispersion devices, also know as
`dirty bombs'), for `Defense Nuclear Nonproliferation', $226,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Other Defense Related Activities
OTHER DEFENSE ACTIVITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, and for other expenses necessary to support
activities related to countering potential biological threats to civilian
populations, for `Other Defense Activities', $3,500,000, to remain available
until expended, to be obligated from amounts made available in Public Law
107-38.
DEFENSE ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Defense Environmental Restoration and Waste
Management', $8,200,000, to remain available until expended, to be obligated
from amounts made available in Public Law 107-38.
INDEPENDENT AGENCY
Nuclear Regulatory Commission
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, and for other expenses to increase the security
of the Nation's nuclear power plants, for `Salaries and Expenses',
$36,000,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38: Provided, That the funds
appropriated herein shall be excluded from license fee revenues,
notwithstanding 42 U.S.C. 2214.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 501. Of the funds provided in this or any other Act for `Defense
Environmental Restoration and Waste Management' at the Department of Energy,
up to $500,000 may be available to the Secretary of Energy for safety
improvements to roads along the shipping route to the Waste Isolation Pilot
Plant site.
SEC. 502. NUTWOOD LEVEE, ILLINOIS. The Energy and Water Development
Appropriations Act, 2002 (Public Law 107-66) is amended under the heading
`Title I, Department of Defense-Civil, Department of the Army, Corps of
Engineers-Civil, Construction, General' by inserting after `$3,500,000' but
before the `.' `: Provided further, That using $400,000 of the funds
appropriated herein, the Secretary of the Army, acting through the Chief of
Engineers, may initiate construction on the Nutwood Levee, Illinois
project'.
SEC. 503. Title III of the Energy and Water Development Appropriations
Act, 2002 (Public Law 107-66) is amended by adding at the end the following
new section:
`SEC. 313. (a) INCREASE IN AMOUNT AVAILABLE FOR ELECTRIC ENERGY
SYSTEMS AND STORAGE PROGRAM- The amount appropriated by this title under the
heading `DEPARTMENT OF ENERGY' under the heading `ENERGY PROGRAMS' under the
paragraph `ENERGY SUPPLY' is hereby increased by $14,000,000, with the amount
of the increase to be available under that paragraph for the electric energy
systems and storage program.
`(b) DECREASE IN AMOUNT AVAILABLE FOR DEPARTMENT OF ENERGY GENERALLY-
The amount appropriated by this title under the heading `DEPARTMENT OF ENERGY'
(other than under the heading `NATIONAL NUCLEAR SECURITY ADMINISTRATION' or
under the heading `ENERGY PROGRAMS' under the paragraph `ENERGY SUPPLY') is
hereby decreased by $14,000,000, with the amount of the decrease to be
distributed among amounts available under the heading `DEPARTMENT OF ENERGY'
in a manner determined by the Secretary of Energy and approved by the
Committees on Appropriations.'.
SEC. 504. The Reclamation Safety of Dams Act of 1978 (43 U.S.C. 509)
is amended as follows:
(1) by inserting in Section 4(c) after `2000,' and before `costs'
the following: `and the additional $32,000,000 further authorized to be
appropriated by amendments to the Act in 2001,'; and
(2) by inserting in Section 5 after `levels),' and before `plus' the
following: `and, effective October 1, 2001, not to exceed an additional
$32,000,000 (October 1, 2001, price levels),'.
CHAPTER 6
DEPARTMENT OF THE INTERIOR
National Park Service
OPERATION OF THE NATIONAL PARK SYSTEM
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operation of the National Park System',
$10,098,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
UNITED STATES PARK POLICE
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `United States Park Police', $25,295,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
CONSTRUCTION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Construction', $21,624,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
Departmental Offices
Departmental Management
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $2,205,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38, for the working capital fund of the Department of the
Interior.
RELATED AGENCIES
Smithsonian Institution
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $21,707,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
National Gallery of Art
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $2,148,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
John F. Kennedy Center for the Performing Arts
OPERATIONS AND MAINTENANCE
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operations and Maintenance', $4,310,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
National Capital Planning Commission
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $758,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 601. (a) IN GENERAL- The Secretary of the Smithsonian Institution
may collect and preserve in the National Museum of American History artifacts
relating to the September 11th attacks on the World Trade Center and the
Pentagon.
(b) TYPES OF ARTIFACTS- In carrying out subsection (a), the Secretary
of the Smithsonian Institution shall consider collecting and
preserving--
(1) pieces of the World Trade Center and the Pentagon;
(2) still and video images made by private individuals and the
media;
(3) personal narratives of survivors, rescuers, and government
officials; and
(4) other artifacts, recordings, and testimonials that the Secretary
of the Smithsonian Institution determines have lasting historical
significance.
(c) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Smithsonian Institution $5,000,000 to carry out this
section.
Sec. 602. Section 29 of Public Law 92-203, as enacted under section 4
of Public Law 94-204 (43 U.S.C. 1626), is amended by adding at the end of
subsection (e) the following:
`(4)(A) Congress confirms that Federal procurement programs for
tribes and Alaska Native Corporations are enacted pursuant to its authority
under Article I, Section 8 of the United States Constitution.
`(B) Contracting with an entity defined in subsection (e)(2) of this
section or section 3(c) of Public Law 93-262 shall be credited towards the
satisfaction of a contractor's obligations under section 7 of Public Law
87-305.
`(C) Any entity that satisfies subsection (e)(2) of this section
that has been certified under section 8 of Public Law 85-536 is a
Disadvantaged Business Enterprise for the purposes of Public Law
105-178.'.
SEC. 603. (a) General Trustees-
(1) IN GENERAL- Subsection (a) of section 2 of the John F. Kennedy
Center Act (20 U.S.C. 76h) is amended in its last clause by striking out the
word `thirty' and inserting in lieu thereof the word
`thirty-six'.
(2) Terms of office for new general trustees-
(A) Initial terms of office-
(i) COMMENCEMENTS OF INITIAL TERM- The initial terms of office
for all new general trustees offices created by this section shall
commence upon appointment by the President.
(ii) EXPIRATIONS OF INITIAL TERM- The initial terms of office
for all new general trustee offices created by this section shall
continue until September 1, 2007.
(iii) VACANCIES AND SERVICE UNTIL THE APPOINTMENT OF A
SUCCESSOR- For all new general trustee offices created by this section,
subsections (b)(1) and (b)(2) of section 2 of the John F. Kennedy Center
Act (20 U.S.C. 76h) shall apply.
(B) SUCCEEDING TERMS OF OFFICE- Upon the expirations of the
initial terms of office pursuant to subparagraph (A) the terms of office
for all new general trustee offices created by this section shall be
governed by subsection (b) of section 2 of the John F. Kennedy Center Act
(20 U.S.C. 76h).
(b) EX OFFICIO TRUSTEES- Subsection (a) of section 2 of the John F.
Kennedy Center Act (20 U.S.C. 76h) is further amended by inserting in the
second sentence `the Majority and Minority Leaders of the Senate, the Speaker
of the House of Representatives, the Minority Leader of the House of
Representatives,' after `the Secretary of the Smithsonian
Institution,'.
(c) HOUSEKEEPING AMENDMENT- To conform with the previous abolition of
the United States Information Agency and the transfer of all functions of the
Director of the United States Information Agency to the Secretary of State
(sections 1311 and 1312 of Public Law 105-277, 112 Stat. 2681-776), subsection
(a) of section 2 of the John F. Kennedy Center Act (20 U.S.C. 76h) is further
amended by striking in the second sentence `the Director of the United States
Information Agency,' and inserting in lieu thereof `the Secretary of
State,'.
CHAPTER 7
DEPARTMENT OF LABOR
Employment and Training Administration
TRAINING AND EMPLOYMENT SERVICES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States for `Training and employment services',
$32,500,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38: Provided, That such amount shall
be provided to the Consortium for Worker Education, established by the New
York City Central Labor Council and the New York City Partnership, for an
Emergency Employment Clearinghouse.
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `State Unemployment Insurance and Employment
Service Operations', $4,100,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
workers compensation programs
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Workers Compensation Programs',
$175,000,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38: Provided, That, of such amount,
$125,000,000 shall be for payment to the New York State Workers Compensation
Review Board, for the processing of claims related to the terrorist attacks:
Provided further, That, of such amount, $25,000,000 shall be for
payment to the New York State Uninsured Employers Fund, for reimbursement of
claims related to the terrorist attacks: Provided further, That, of
such amount, $25,000,000 shall be for payment to the New York State Uninsured
Employers Fund, for reimbursement of claims related to the first response
emergency services personnel who were injured, were disabled, or died due to
the terrorist attacks.
Pension and Welfare Benefits Administration
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $1,600,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Occupational Safety and Health Administration
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $1,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Departmental Management
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $5,880,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
DISEASE CONTROL, RESEARCH, AND TRAINING
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States for `Disease control, research, and training' for
baseline safety screening for the emergency services personnel and rescue and
recovery personnel, $12,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38.
National Institutes of Health
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States for `National Institute of Environmental Health
Sciences' for carrying out activities set forth in section 311(a) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
$10,500,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
Office of the Secretary
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, to provide grants to public entities,
not-for-profit entities, and Medicare and Medicaid enrolled suppliers and
institutional providers to reimburse for health care related expenses or lost
revenues directly attributable to the public health emergency resulting from
the September 11, 2001, terrorist acts, for `Public Health and Social Services
Emergency Fund', $140,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That none of the costs have been reimbursed or are eligible for reimbursement
from other sources.
For emergency expenses necessary to support activities related to
countering potential biological, disease, and chemical threats to civilian
populations, for `Public Health and Social Services Emergency Fund',
$2,575,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38. Of this amount, $1,000,000,000
shall be for the Centers for Disease Control and Prevention for improving
State and local capacity; $100,000,000 shall be for grants to hospitals, in
collaboration with local governments, to improve capacity to respond to
bioterrorism; $165,000,000 shall be for upgrading capacity at the Centers for
Disease Control and Prevention, including research; $10,000,000 shall be for
the establishment and operation of a national system to track biological
pathogens; $99,000,000 shall be for the National Institute of Allergy and
Infectious Diseases for bioterrorism-related research and development and
other related needs; $71,000,000 shall be for the National Institute of
Allergy and Infectious Diseases for the construction of biosafety laboratories
and related infrastructure costs; $593,000,000 shall be for the National
Pharmaceutical Stockpile; $512,000,000 shall be for the purchase, deployment
and related costs of the smallpox vaccine, and $25,000,000 shall be for
improving laboratory security at the National Institutes of Health and the
Centers for Disease Control and Prevention. At the discretion of the
Secretary, these amounts may be transferred between categories subject to
normal reprogramming procedures.
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary Education
SCHOOL IMPROVEMENT PROGRAMS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `School Improvement Programs', for the
Project School Emergency Response to Violence program, $10,000,000, to be
obligated from amounts made available in Public Law 107-38.
RELATED AGENCIES
Social Security Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Limitation on Administrative Expenses',
$7,500,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
National Labor Relations Board
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $180,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
CHAPTER 8
LEGISLATIVE BRANCH
JOINT ITEMS
LEGISLATIVE BRANCH EMERGENCY RESPONSE FUND
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the terrorist attacks on the
United States, $256,081,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That $34,500,000 shall be transferred to the `SENATE', `Sergeant at Arms and
Doorkeeper of the Senate' and shall be obligated with the prior approval of
the Senate Committee on Appropriations: Provided further, That
$40,712,000 shall be transferred to `HOUSE OF REPRESENTATIVES', `Salaries and
Expenses' and shall be obligated with the prior approval of the House
Committee on Appropriations: Provided further, That the remaining
balance of $180,869,000 shall be transferred to the Capitol Police Board,
which shall transfer to the affected entities in the Legislative Branch such
amounts as are approved by the House and Senate Committees on Appropriations:
Provided further, That any Legislative Branch entity receiving funds
pursuant to the Emergency Response Fund established by Public Law 107-38
(without regard to whether the funds are provided under this chapter or
pursuant to any other provision of law) may transfer any funds provided to the
entity to any other Legislative Branch entity receiving funds under Public Law
107-38 in an amount equal to that required to provide support for security
enhancements, subject to the approval of the Committees on Appropriations of
the House of Representatives and Senate.
SENATE
Administrative Provisions
SEC. 801. (a) ACQUISITION OF BUILDINGS AND FACILITIES- Notwithstanding
any other provision of law, in order to respond to an emergency situation, the
Sergeant at Arms of the Senate may acquire buildings and facilities, subject
to the availability of appropriations, for the use of the Senate, as
appropriate, by lease, purchase, or such other arrangement as the Sergeant at
Arms of the Senate considers appropriate (including a memorandum of
understanding with the head of an Executive Agency, as defined in section 105
of title 5, United States Code, in the case of a building or facility under
the control of such Agency). Actions taken by the Sergeant at Arms of the
Senate must be approved by the Committees on Appropriations and Rules and
Administration.
(b) AGREEMENTS- Notwithstanding any other provision of law, for
purposes of carrying out subsection (a), the Sergeant at Arms of the Senate
may carry out such activities and enter into such agreements related to the
use of any building or facility acquired pursuant to such subsection as the
Sergeant at Arms of the Senate considers appropriate, including--
(1) agreements with the United States Capitol Police or any other
entity relating to the policing of such building or facility; and
(2) agreements with the Architect of the Capitol or any other entity
relating to the care and maintenance of such building or
facility.
(c) AUTHORITY OF CAPITOL POLICE AND ARCHITECT-
(1) ARCHITECT OF THE CAPITOL- Notwithstanding any other provision of
law, the Architect of the Capitol may take any action necessary to carry out
an agreement entered into with the Sergeant at Arms of the Senate pursuant
to subsection (b).
(2) CAPITOL POLICE- Section 9 of the Act of July 31, 1946 (40 U.S.C.
212a) is amended--
(A) by striking `The Capitol Police' and inserting `(a) The
Capitol Police'; and
(B) by adding at the end the following new
subsection:
`(b) For purposes of this section, `the United States Capitol
Buildings and Grounds' shall include any building or facility acquired by the
Sergeant at Arms of the Senate for the use of the Senate for which the
Sergeant at Arms of the Senate has entered into an agreement with the United
States Capitol Police for the policing of the building or facility.'.
(d) TRANSFER OF CERTAIN FUNDS- Subject to the approval of the
Committee on Appropriations of the Senate, the Architect of the Capitol may
transfer to the Sergeant at Arms of the Senate amounts made available to the
Architect for necessary expenses for the maintenance, care and operation of
the Senate office buildings during a fiscal year in order to cover any portion
of the costs incurred by the Sergeant at Arms of the Senate during the year in
acquiring a building or facility pursuant to subsection (a).
(e) EFFECTIVE DATE- This section and the amendments made by this
section shall apply with respect to fiscal year 2002 and each succeeding
fiscal year.
SEC. 802. (a) Notwithstanding any other provision of law--
(1) subject to subsection (b), the Sergeant at Arms of the Senate
and the head of an Executive Agency (as defined in section 105 of title 5,
United States Code) may enter into a memorandum of understanding under which
the Agency may provide facilities, equipment, supplies, personnel, and other
support services for the use of the Senate during an emergency situation;
and
(2) the Sergeant at Arms of the Senate and the head of the Agency
may take any action necessary to carry out the terms of the memorandum of
understanding.
(b) The Sergeant at Arms of the Senate may enter into a memorandum of
understanding described in subsection (a)(1) consistent with the Senate
Procurement Regulations.
(c) This section shall apply with respect to fiscal year 2002 and each
succeeding fiscal year.
OTHER LEGISLATIVE BRANCH
Administrative Provisions
SEC. 803. (a) Section 1(c) of Public Law 96-152 (40 U.S.C. 206-1) is
amended by striking `but not to exceed' and all that follows and inserting the
following: `but not to exceed $2,500 less than the lesser of the annual salary
for the Sergeant at Arms of the House of Representatives or the annual salary
for the Sergeant at Arms and Doorkeeper of the Senate.'.
(b) The Assistant Chief of the Capitol Police shall receive
compensation at a rate determined by the Capitol Police Board, but not to
exceed $1,000 less than the annual salary for the chief of the United States
Capitol Police.
(c) This section and the amendment made by this section shall apply
with respect to pay periods beginning on or after the date of the enactment of
this Act.
SEC. 804. (a) ASSISTANCE FOR CAPITOL POLICE FROM EXECUTIVE DEPARTMENTS
AND AGENCIES- Notwithstanding any other provision of law, Executive
departments and Executive agencies may assist the United States Capitol Police
in the same manner and to the same extent as such departments and agencies
assist the United States Secret Service under section 6 of the Presidential
Protection Assistance Act of 1976 (18 U.S.C. 3056 note), except as may
otherwise be provided in this section.
(b) TERMS OF ASSISTANCE- Assistance under this section shall be
provided--
(1) consistent with the authority of the Capitol Police under
sections 9 and 9A of the Act of July 31, 1946 (40 U.S.C. 212a and
212a-2);
(2) upon the advance written request of--
(A) the Chairman of the Capitol Police Board, or
(B) in the absence of the Chairman of the Capitol Police
Board--
(i) the Sergeant at Arms and Doorkeeper of the Senate, in the
case of any matter relating to the Senate; or
(ii) the Sergeant at Arms of the House of Representatives, in
the case of any matter relating to the House; and
(A) on a temporary and non-reimbursable basis,
(B) on a temporary and reimbursable basis, or
(C) on a permanent reimbursable basis upon advance written request
of the Chairman of the Capitol Police Board.
(c) REPORTS ON EXPENDITURES FOR ASSISTANCE-
(1) REPORTS- With respect to any fiscal year in which an Executive
department or Executive agency provides assistance under this section, the
head of that department or agency shall submit a report not later than 30
days after the end of the fiscal year to the Chairman of the Capitol Police
Board.
(2) CONTENTS- The report submitted under paragraph (1) shall contain
a detailed account of all expenditures made by the Executive department or
Executive agency in providing assistance under this section during the
applicable fiscal year.
(3) SUMMARY OF REPORTS- After receipt of all reports under paragraph
(2) with respect to any fiscal year, the Chairman of the Capitol Police
Board shall submit a summary of such reports to the Committees on
Appropriations of the Senate and the House of Representatives.
(d) EFFECTIVE DATE- This section shall apply with respect to fiscal
year 2002 and each succeeding fiscal year.
SEC. 805. (a) The Chief of the Capitol Police may, upon any emergency
as determined by the Capitol Police Board, deputize members of the National
Guard (while in the performance of Federal or State service), members of
components of the Armed Forces other than the National Guard, and Federal,
State or local law enforcement officers as may be necessary to address that
emergency. Any person deputized under this section shall possess all the
powers and privileges and may perform all duties of a member or officer of the
Capitol Police.
(b) The Capitol Police Board may promulgate regulations, as determined
necessary, to carry out provisions of this section.
(c) This section shall apply to fiscal year 2002 and each fiscal year
thereafter.
SEC. 806. (a) Notwithstanding any other provision of law, the United
States Capitol Preservation Commission established under section 801 of the
Arizona-Idaho Conservation Act of 1988 (40 U.S.C. 188a) may transfer to the
Architect of the Capitol amounts in the Capitol Preservation Fund established
under section 803 of such Act (40 U.S.C. 188a-2) if the amounts are to be used
by the Architect for the planning, engineering, design, or construction of the
Capitol Visitor Center.
(b) Any amounts transferred pursuant to subsection (a) shall remain
available for the use of the Architect of the Capitol until expended.
(c) This section shall apply with respect to fiscal year 2002 and each
succeeding fiscal year.
CHAPTER 9
MILITARY CONSTRUCTION
Military Construction, Defense-Wide
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Military Construction, Defense-wide',
$475,000,000 to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 901. (a) AVAILABILITY OF AMOUNTS FOR MILITARY CONSTRUCTION
RELATING TO TERRORISM- Amounts made available to the Department of Defense
from funds appropriated in Public Law 107-38 and this Act may be used to carry
out military construction projects, not otherwise authorized by law, that the
Secretary of Defense determines are necessary to respond to or protect against
acts or threatened acts of terrorism.
(b) NOTICE TO CONGRESS- Not later than 15 days before obligating
amounts available under subsection (a) for military construction projects
referred to in that subsection the Secretary shall notify the appropriate
committees of Congress the following:
(1) The determination to use such amounts for the
project.
(2) The estimated cost of the project.
(c) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section the
term `appropriate committees of Congress' has the meaning given that term in
section 2801 (4) of title 10, United States Code.
SEC. 902. If in exercising the authority in section 2808 of title 10,
United States Code, to carry out military construction projects not authorized
by law, the Secretary of Defense utilizes, whether in whole or in part, funds
appropriated but not yet obligated for a military construction project
previously authorized by law, the Secretary may carry out such military
construction project previously authorized by law using amounts appropriated
by the 2001 Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the United States (Public Law 107-38; 115
Stat. 220), or any other appropriations Act to provide funds for the recovery
from and response to the terrorist attacks on the United States that is
enacted after the date of the enactment of this Act, and available for
obligation.
CHAPTER 10
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', for the Office of
Intelligence and Security, $1,500,000, to remain available until expended, to
be obligated from amounts made available in Public Law 107-38.
Payments to Air Carriers
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, in addition to funds made available from any
other source to carry out the essential air service program under 49 U.S.C.
41731 through 41742, to be derived from the Airport and Airway Trust Fund,
$57,000,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38: Provided, That it is the sense
of the Senate that funds provided under this paragraph shall be used to
provide subsidized service at a rate of not less than three flights per day
for eligible communities with significant enplanement levels that enjoyed said
rate of service, with or without subsidy, prior to September 11, 2001.
Coast Guard
OPERATING EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operating Expenses', $285,350,000, to
remain available until September 30, 2003, to be obligated from amounts made
available in Public Law 107-38.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operations', $251,000,000, to be derived
from the Airport and Airway Trust Fund and to remain available until September
30, 2003, to be obligated from amounts made available in Public Law
107-38.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Research, Engineering, and Development',
$50,000,000, to be derived from the Airport and Airway Trust Fund, to be
obligated from amounts made available in Public Law 107-38.
GRANTS-IN-AID FOR AIRPORTS
(AIRPORT AND AIRWAY TRUST FUND)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, notwithstanding any other provision of law, for
`Grants-in-aid for airports', to enable the Federal Aviation Administrator to
compensate airports for a portion of the direct costs associated with new,
additional or revised security requirements imposed on airport operators by
the Administrator on or after September 11, 2001, $200,000,000, to be derived
from the Airport and Airway Trust Fund, to remain available until expended, to
be obligated from amounts made available in Public Law 107-38
Federal Highway Administration
MISCELLANEOUS APPROPRIATIONS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Miscellaneous Appropriations', including
the operation and construction of ferrys and ferry facilities, $110,000,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
FEDERAL-AID HIGHWAYS
EMERGENCY RELIEF PROGRAM
(HIGHWAY TRUST FUND)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Emergency Relief Program', as authorized by
section 125 of title 23, United States Code, $75,000,000, to be derived from
the Highway Trust Fund and to remain available until expended, to be obligated
from amounts made available in Public Law 107-38.
Federal Railroad Administration
SAFETY AND OPERATIONS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Safety and Operations', $6,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
CAPITAL GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for necessary expenses of capital improvements
of the National Railroad Passenger Corporation as authorized by 49 U.S.C.
24104(a), $100,000,000, to remain available until expended, and to be
obligated from amounts made available in Public Law 107-38.
Federal Transit Administration
FORMULA GRANTS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Formula Grants', $23,500,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
CAPITAL INVESTMENT GRANTS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Capital Investment Grants', $100,000,000,
to be obligated from amounts made available in Public Law 107-38:
Provided, That in administering funds made available under this
paragraph, the Federal Transit Administrator shall direct funds to those
transit agencies most severely impacted by the terrorist attacks of September
11, 2001, excluding any transit agency receiving a Federal payment elsewhere
in this Act: Provided further, That the provisions of 49 U.S.C.
5309(h) shall not apply to funds made available under this paragraph.
Research and Special Programs Administration
RESEARCH AND SPECIAL PROGRAMS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Research and Special Programs', $6,000,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
Office of Inspector General
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States and for other safety and security related audit
and monitoring responsibilities, for `Salaries and Expenses', $2,000,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
RELATED AGENCY
National Transportation Safety Board
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $836,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1001. Section 5117(b)(3) of the Transportation Equity Act for the
21st Century (Public Law 105-178; 112 Stat. 449; 23 U.S.C. 502 note) is
amended --
(1) by redesignating subparagraphs (C), (D), and (E) as
subparagraphs (D), (F), and (G), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
`(C) FOLLOW-ON DEPLOYMENT- (i) After an intelligent transportation
infrastructure system deployed in an initial deployment area pursuant to a
contract entered into under the program under this paragraph has received
system acceptance, the Department of Transportation has the authority to
extend the original contract that was competitively awarded for the
deployment of the system in the follow-on deployment areas under the
contract, using the same asset ownership, maintenance, fixed price
contract, and revenue sharing model, and the same competitively selected
consortium leader, as were used for the deployment in that initial
deployment area under the program.
`(ii) If any one of the follow-on deployment areas does not
commit, by July 1, 2002, to participate in the deployment of the system
under the contract, then, upon application by any of the other follow-on
deployment areas that have committed by that date to participate in the
deployment of the system, the Secretary shall supplement the funds made
available for any of the follow-on deployment areas submitting the
applications by using for that purpose the funds not used for deployment
of the system in the nonparticipating area. Costs paid out of funds
provided in such a supplementation shall not be counted for the purpose of
the limitation on maximum cost set forth in subparagraph
(B).';
(4) by inserting after subparagraph (D), as redesignated by
paragraph (1), the following new subparagraph (E):
`(E) DEFINITIONS- In this paragraph:
`(i) The term `initial deployment area' means a metropolitan
area referred to in the second sentence of subparagraph
(A).
`(ii) The term `follow-on deployment areas' means the
metropolitan areas of Baltimore, Birmingham, Boston, Chicago, Cleveland,
Dallas/Ft. Worth, Denver, Detroit, Houston, Indianapolis, Las Vegas, Los
Angeles, Miami, New York/Northern New Jersey, Northern
Kentucky/Cincinnati, Oklahoma City, Orlando, Philadelphia, Phoenix,
Pittsburgh, Portland, Providence, Salt Lake, San Diego, San Francisco,
St. Louis, Seattle, Tampa, and Washington, District of Columbia.';
and
(5) in subparagraph (D), as redesignated by paragraph (1), by
striking `subparagraph (D)' and inserting `subparagraph (F)'.
SEC. 1002. No appropriated funds or revenues generated by the National
Railroad Passenger Corporation may be used to implement section 204(c)(2) of
Public Law 105-134 until the Congress has enacted an Amtrak reauthorization
Act.
CHAPTER 11
DEPARTMENT OF THE TREASURY
Inspector General for Tax Administration
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $2,032,000, to
remain available until expended, to be obligated from amounts made available
by Public Law 107-38.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $1,700,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Federal Law Enforcement Training Center
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $22,846,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
Financial Management Service
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $600,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
Bureau of Alcohol, Tobacco and Firearms
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $31,431,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
United States Customs Service
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $292,603,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38; of this amount, not less than $140,000,000 shall be
available for increased staffing to combat terrorism along the Nation's
borders, of which $10,000,000 shall be available for hiring inspectors along
the Southwest border; not less than $15,000,000 shall be available for seaport
security; and not less than $30,000,000 shall be available for the procurement
and deployment of non-intrusive and counterterrorism inspection technology,
equipment and infrastructure improvements to combat terrorism at the land and
sea border ports of entry.
OPERATION, MAINTENANCE AND PROCUREMENT, AIR AND MARINE INTERDICTION
PROGRAMS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operation, Maintenance and Procurement, Air
and Marine Interdiction Programs', $6,700,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
Internal Revenue Service
PROCESSING, ASSISTANCE AND MANAGEMENT
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Processing, Assistance and Management',
$16,658,000, to remain available until expended, to be obligated from amounts
made available by Public Law 107-38.
TAX LAW ENFORCEMENT
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Tax Law Enforcement', $4,544,000, to remain
available until expended, to be obligated from amounts made available by
Public Law 107-38.
INFORMATION SYSTEMS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Information Systems', $15,991,000, to
remain available until expended, to be obligated from amounts made available
by Public Law 107-38.
United States Secret Service
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $104,769,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
EXECUTIVE OFFICE OF THE PRESIDENT
Office of Administration
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $50,040,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
POSTAL SERVICE
Payment to the Postal Service Fund
For emergency expenses to the Postal Service Fund to enable the Postal
Service to build and establish a system for sanitizing and screening mail
matter, to protect postal employees and postal customers from exposure to
biohazardous material, and to replace or repair Postal Service facilities
destroyed or damaged in New York City as a result of the September 11, 2001,
terrorist attacks, $600,000,000, to remain available until expended, to be
obligated from amounts made available in Public Law 107-38: Provided,
That the Postal Service is authorized to review rates for product
delivery and minimum qualifications for eligible service providers under
section 5402 of title 39, and to recommend new rates and qualifications to
reduce expenditures without reducing service levels.
INDEPENDENT AGENCIES
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDING FUND
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Federal Buildings Fund', $126,500,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
National Archives and Records Administration
OPERATING EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Operating Expenses', $4,818,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
REPAIRS AND RESTORATION
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Repairs and Restoration', $2,180,000, to
remain available until expended, to be obligated from amounts made available
in Public Law 107-38.
GENERAL PROVISION, THIS CHAPTER
SEC. 1101. None of the funds appropriated by this Act or any other Act
may be used after June 30, 2002 for the operation of any federally owned
building if determined to be appropriate by the Administrator of the General
Services Administration, or to enter into any lease or lease renewal with any
person for office space for a Federal agency in any other building, unless
such operation, lease, or lease renewal is in compliance with a regulation or
Executive Order issued after the date of enactment of this section that
requires redundant and physically separate entry points to such buildings, and
the use of physically diverse local network facilities, for the provision of
telecommunications services to Federal agencies in such buildings.
CHAPTER 12
DEPARTMENT OF VETERANS AFFAIRS
CONSTRUCTION, MAJOR PROJECTS
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Construction, Major Projects', $2,000,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
COMMUNITY DEVELOPMENT FUND
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Community development fund',
$2,000,000,000, to remain available until expended, to be obligated from
amounts made available in Public Law 107-38: Provided, That such
funds shall be subject to the first through sixth provisos in section 434 of
Public Law 107-73: Provided further, That within 45 days of
enactment, the State of New York, in conjunction with the City of New York,
shall establish a corporation for the obligation of the funds provided under
this heading, issue the initial criteria and requirements necessary to accept
applications from individuals, nonprofits and small businesses for economic
losses from the September 11, 2001, terrorist attacks, and begin processing
such applications: Provided further, That the corporation shall
respond to any application from an individual, nonprofit or small business for
economic losses under this heading within 45 days of the submission of an
application for funding: Provided further, That individuals,
nonprofits or small businesses shall be eligible for compensation only if
located in New York City in the area located on or south of Canal Street, on
or south of East Broadway (east of its intersection with Canal Street), or on
or south of Grand Street (east of its intersection with East Broadway):
Provided further, That, of the amount made available under this
heading, no less than $500,000,000 shall be made available for individuals,
nonprofits or small businesses described in the prior three provisos with a
limit of $500,000 per small business for economic losses.
Management and Administration
OFFICE OF INSPECTOR GENERAL
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Office of Inspector General', $1,000,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
INDEPENDENT AGENCIES
Environmental Protection Agency
SCIENCE AND TECHNOLOGY
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, and to support activities related to countering
terrorism, for `Science and Technology', $41,514,000, to remain available
until expended, to be obligated from amounts made available in Public Law
107-38.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, and to support activities related to countering
terrorism, for `Environmental Programs and Management', $38,194,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
HAZARDOUS SUBSTANCE SUPERFUND
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, and to support activities related to countering
terrorism, for `Hazardous Substance Superfund', $41,292,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
STATE AND TRIBAL ASSISTANCE GRANTS
For making grants for emergency expenses to respond to the September
11, 2001, terrorist attacks on the United States, and to support activities
related to countering potential biological and chemical threats to
populations, for `State and Tribal Assistance Grants', $5,000,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
Federal Emergency Management Agency
DISASTER RELIEF
For disaster recovery activities and assistance related to the
terrorist attacks in New York, Virginia, and Pennsylvania on September 11,
2001, for `Disaster Relief', $5,824,344,000, to remain available until
expended, to be obligated from amounts made available in Public Law
107-38.
SALARIES AND EXPENSES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Salaries and Expenses', $20,000,000, to
remain available until expended, for the Office of National Preparedness, to
be obligated from amounts made available in Public Law 107-38.
EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States and to support activities related to countering
terrorism, for `Emergency Management Planning and Assistance', $290,000,000,
to remain available until September 30, 2003, for programs as authorized by
section 33 of the Federal Fire Prevention and Control Act of 1974, as amended
(15 U.S.C. 2201 et seq.), to be obligated from amounts made available in
Public Law 107-38: Provided, That up to 5 percent of this amount
shall be transferred to `Salaries and expenses' for program
administration.
National Aeronautics and Space Administration
HUMAN SPACE FLIGHT
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Human Space Flight', $64,500,000, to remain
available until expended, to be obligated from amounts made available in
Public Law 107-38.
SCIENCE, AERONAUTICS AND TECHNOLOGY
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Science, Aeronautics and Technology',
$28,600,000, to remain available until expended, to be obligated from amounts
made available in Public Law 107-38.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For emergency expenses to respond to the September 11, 2001, terrorist
attacks on the United States, for `Research and Related Activities', $300,000,
to remain available until expended, to be obligated from amounts made
available in Public Law 107-38.
GENERAL PROVISIONS, THIS CHAPTER
SEC. 1201. UNITY IN THE SPIRIT OF AMERICA. (a) SHORT TITLE- This
section may be cited as the `Unity in the Spirit of America Act' or the `USA
Act'.
(b) PROJECTS HONORING VICTIMS OF TERRORIST ATTACKS- The National and
Community Service Act of 1990 (42 U.S.C. 12501 et seq.) is amended by
inserting before title V the following:
`TITLE IV--PROJECTS HONORING VICTIMS OF TERRORIST
ATTACKS
`SEC. 401. PROJECTS.
`(a) DEFINITION- In this section, the term `Foundation' means the
Points of Light Foundation funded under section 301, or another nonprofit
private organization, that enters into an agreement with the Corporation to
carry out this section.
`(b) IDENTIFICATION OF PROJECTS-
`(1) ESTIMATED NUMBER- Not later than December 1, 2001, the
Foundation, after obtaining the guidance of the heads of appropriate Federal
agencies, such as the Director of the Office of Homeland Security and the
Attorney General, shall--
`(A) make an estimate of the number of victims killed as a result
of the terrorist attacks on September 11, 2001 (referred to in this
section as the `estimated number'); and
`(B) compile a list that specifies, for each individual that the
Foundation determines to be such a victim, the name of the victim and the
State in which the victim resided.
`(2) IDENTIFIED PROJECTS- The Foundation may identify approximately
the estimated number of community-based national and community service
projects that meet the requirements of subsection (d). The Foundation shall
name each identified project in honor of a victim described in subsection
(b)(1)(A), after obtaining the permission of an appropriate member of the
victim's family and the entity carrying out the project.
`(c) ELIGIBLE ENTITIES- To be eligible to have a project named under
this section, the entity carrying out the project shall be a political
subdivision of a State, a business, a nonprofit organization (which may be a
religious organization, such as a Christian, Jewish, or Muslim organization),
an Indian tribe, or an institution of higher education.
`(d) PROJECTS- The Foundation shall name, under this section,
projects--
`(1) that advance the goals of unity, and improving the quality of
life in communities; and
`(2) that will be planned, or for which implementation will begin,
within a reasonable period after the date of enactment of the Unity in
Service to America Act, as determined by the Foundation.
`(e) WEBSITE AND DATABASE- The Foundation shall create and maintain
websites and databases, to describe projects named under this section and
serve as appropriate vehicles for recognizing the projects.'.
SEC. 1202. Within funds previously appropriated as authorized under
the Native American Housing and Self Determination Act of 1996 (Pub. L.
104-330, Sec. 1(a), 110 Stat. 4016) and made available to Cook Inlet Housing
Authority, Cook Inlet Housing Authority may use up to $9,500,000 of such funds
to construct student housing for Native college students, including an on-site
computer lab and related study facilities, and, notwithstanding any provision
of such Act to the contrary, Cook Inlet Housing Authority may use a portion of
such funds to establish a reserve fund and to provide for maintenance of the
project.
CHAPTER 13
GENERAL PROVISIONS, THIS DIVISION
SEC. 1301. Amounts which may be obligated pursuant to this division
are subject to the terms and conditions provided in Public Law 107-38.
SEC. 1302. No part of any appropriation contained in this division
shall remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
This division may be cited as the `Emergency Supplemental Act,
2002'.
DIVISION C--SPENDING LIMITS AND BUDGETARY ALLOCATIONS FOR FISCAL YEAR
2002
SEC. 101. (a) DISCRETIONARY SPENDING LIMITS- Section 251(c)(6) of the
Balanced Budget and Emergency Deficit Control Act of 1985 is amended by
striking subparagraph (A) and inserting the following:
`(A) for the discretionary category: $681,441,000,000 in new
budget authority and $670,447,000,000 in outlays;'.
(b) REVISED AGGREGATES AND ALLOCATIONS- Upon the enactment of this
section, the chairman of the Committee on the Budget of the House of
Representatives and the chairman of the Committee on the Budget of the Senate
shall each--
(1) revise the aggregate levels of new budget authority and outlays
for fiscal year 2002 set in sections 101(2) and 101(3) of the concurrent
resolution on the budget for fiscal year 2002 (H. Con. Res. 83, 107th
Congress), to the extent necessary to reflect the revised limits on
discretionary budget authority and outlays for fiscal year 2002 provided in
subsection (a);
(2) revise allocations under section 302(a) of the Congressional
Budget Act of 1974 to the Committee on Appropriations of their respective
House as initially set forth in the joint explanatory statement of managers
accompanying the conference report on that concurrent resolution, to the
extent necessary to reflect the revised limits on discretionary budget
authority and outlays for fiscal year 2002 provided in subsection (a);
and
(3) publish those revised aggregates and allocations in the
Congressional Record.
(c) Repeal of Section 203 of Budget Resolution for Fiscal Year 2002-
Section 203 of the concurrent resolution on the budget for fiscal year 2002
(H. Con. Res. 83, 107th Congress) is repealed.
(d) ADJUSTMENTS- If, for fiscal year 2002, the amount of new budget
authority provided in appropriation Acts exceeds the discretionary spending
limit on new budget authority for any category due to technical estimates made
by the Director of the Office of Management and Budget, the Director shall
make an adjustment equal to the amount of the excess, but not to exceed an
amount equal to 0.2 percent of the sum of the adjusted discretionary limits on
new budget authority for all categories for fiscal year 2002.
SEC. 102. PAY-AS-YOU-GO ADJUSTMENT- In preparing the final
sequestration report for fiscal year 2002 required by section 254(f)(3) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the Director of the
Office of Management and Budget shall change any balance of direct spending
and receipts legislation for fiscal years 2001 and 2002 under section 252 of
that Act to zero.
DIVISION D--TECHNICAL CORRECTIONS
SEC. 101. Title VI of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2002 (Public Law
107-76) is amended under the heading `Food and Drug Administration, Salaries
and Expenses' by striking `$13,207,000' and inserting `$13,357,000'.
SEC. 102. Title IV of the Departments of Commerce, Justice, and State,
the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law
107-77) is amended in the third proviso of the first undesignated paragraph
under the heading `Diplomatic and Consular Programs' by striking `this
heading' and inserting `the appropriations accounts within the Administration
of Foreign Affairs'.
SEC. 103. Title V of the Departments of Commerce, Justice, and State,
the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law
107-77) is amended in the proviso under the heading `Commission on Ocean
Policy' by striking `appointment' and inserting `the first meeting of the
Commission'.
SEC. 104. Section 612 of Public Law 107-77 is amended by striking
`June 30, 2002' and inserting `April 1, 2002'.
SEC. 105. Section 626(c) of the Departments of Commerce, Justice, and
State, the Judiciary and Related Agencies Appropriations Act, 2002 (Public Law
107-77) is amended by striking `1:00CV03110(ESG)' and inserting
`1:00CV03110(EGS)'.
SEC. 106. JICARILLA, NEW MEXICO, MUNICIPAL WATER SYSTEM. Public Law
107-66 is amended--
(1) under the heading of `Title I, Department of Defense--Civil,
Department of the Army, Corps of Engineers--Civil, Construction,
General'--
(A) by striking `Provided further, That using $2,500,000
of the funds provided herein, the Secretary of the Army, acting through
the Chief of Engineers, is directed to proceed with a final design and
initiate construction for the repair and replacement of the Jicarilla
Municipal Water System in the town of Dulce, New Mexico:';
and
(B) insert at the end before the period the following: `:
Provided further, That using funds provided herein, the Secretary
of the Army, acting through the Chief of Engineers, is directed to
transfer $2,500,000 to the Secretary of the Interior for the Bureau of
Reclamation to proceed with the Jicarilla Municipal Water System in the
town of Dulce, New Mexico'; and
(2) under the heading of `Title II, Department of the Interior,
Bureau of Reclamation, Water and Related Resources, (Including the Transfer
of Funds)'--
(A) insert at the end before the period the following: `:
Provided further, That using $2,500,000 of the funds provided
herein, the Secretary of the Interior is directed to proceed with a final
design and initiate construction for the repair and replacement of the
Jicarilla Municipal Water System in the town of Dulce, New
Mexico'.
SEC. 107. (a) Public Law 107-68 is amended by adding at the end the
following:
`This Act may be cited as the `Legislative Branch Appropriations Act,
2002'.'.
(b) The amendment made by subsection (a) shall take effect as if
included in the enactment of Public Law 107-68.
SEC. 108. Section 102 of the Legislative Branch Appropriations Act,
2002 (Public Law 107-68) is amended--
(1) in subsection (a), by striking paragraph (1) and redesignating
paragraphs (2) through (6) as paragraphs (1) through (5),
respectively;
(2) in subsection (g)(1)--
(A) in subparagraph (A), by striking `subsection (i)(1)(A)' and
inserting `subsection (h)(1)(A)'; and
(B) in subparagraph (B), by striking `subsection (i)(1)(B)' and
inserting `subsection (h)(1)(B)'.
SEC. 109. (a) Section 209 of the Legislative Branch Appropriations
Act, 2002 (Public Law 107-68) is amended in the matter amending Public Law
106-173 by striking the quotation marks and period at the end of the new
subsection (g) and inserting the following: `Any reimbursement under this
subsection shall be credited to the appropriation, fund, or account used for
paying the amounts reimbursed.
`(h) EMPLOYMENT BENEFITS-
`(1) IN GENERAL- The Commission shall fix employment benefits for
the Director and for additional personnel appointed under section 6(a), in
accordance with paragraphs (2) and (3).
`(2) EMPLOYMENT BENEFITS FOR THE DIRECTOR-
`(A) IN GENERAL- The Commission shall determine whether or not to
treat the Director as a Federal employee for purposes of employment
benefits. If the Commission determines that the Director is to be treated
as a Federal employee, then he or she is deemed to be an employee as that
term is defined by section 2105 of title 5, United States Code, for
purposes of chapters 63, 83, 84, 87, 89, and 90 of that title, and is
deemed to be an employee for purposes of chapter 81 of that title. If the
Commission determines that the Director is not to be treated as a Federal
employee for purposes of employment benefits, then the Commission or its
administrative support service provider shall establish appropriate
alternative employment benefits for the Director. The Commission's
determination shall be irrevocable with respect to each individual
appointed as Director, and the Commission shall notify the Office of
Personnel Management and the Department of Labor of its determination.
Notwithstanding the Commission's determination, the Director's service is
deemed to be Federal service for purposes of section 8501 of title 5,
United States Code.
`(B) DETAILEE SERVING AS DIRECTOR- Subparagraph (A) shall not
apply to a detailee who is serving as Director.
`(3) EMPLOYMENT BENEFITS FOR ADDITIONAL PERSONNEL- A person
appointed to the Commission staff under subsection (b)(2) is deemed to be an
employee as that term is defined by section 2105 of title 5, United States
Code, for purposes of chapters 63, 83, 84, 87, 89, and 90 of that title, and
is deemed to be an employee for purposes of chapter 81 of that
title.'.
(b) The amendments made by this section shall take effect as if
included in the enactment of the Legislative Branch Appropriations Act, 2002
(Public Law 107-68).
SEC. 110. (a) Section 133(a) of the Legislative Branch Appropriations
Act, 2001 (Public Law 107-68) is amended--
(1) by striking `90-day' in paragraph (1) and inserting `180-day',
and
(2) by striking `90 days' in paragraph (2)(C) and inserting `180
days'.
(b) The amendments made by subsection (a) shall take effect as if
included in the enactment of the Legislative Branch Appropriations Act, 2001
(Public Law 107-68).
SEC. 111. (a) Notwithstanding any other provision of law, of the funds
authorized under section 110 of title 23, United States Code, for fiscal year
2002, $29,542,304 shall be set aside for the project as authorized under title
IV of the National Highway System Designation Act of 1995, as amended:
Provided, That, if funds authorized under these provisions have been
distributed then the amount so specified shall be recalled proportionally from
those funds distributed to the States under section 110(b)(4)(A) and (B) of
title 23, United States Code.
(b) Notwithstanding any other provision of law, for fiscal year 2002,
funds available for environmental streamlining activities under section
104(a)(1)(A) of title 23, United States Code, may include making grants to, or
entering into contracts, cooperative agreements, and other transactions, with
a Federal agency, State agency, local agency, authority, association nonprofit
or for-profit corporation, or institution of higher education.
(c) Notwithstanding any other provision of law, of the funds
authorized under section 110 of title 23, United States Code, for fiscal year
2002, and made available for the National motor carrier safety program,
$5,896,000 shall be for State commercial driver's license program
improvements.
(d) Notwithstanding any other provision of law, of the funds
authorized under section 110 of title 23, United States Code, for fiscal year
2002, and made available for border infrastructure improvements, up to
$2,300,000 shall be made available to carry out section 1119(d) of the
Transportation Equity Act for the 21st Century, as amended.
SEC. 112. Notwithstanding any other provision of law, of the amounts
appropriated for in fiscal year 2002 for the Research and Special Programs
Administration, $3,170,000 of funds provided for research and special programs
shall remain available until September 30, 2004; and $22,786,000 of funds
provided for the pipeline safety program derived from the pipeline safety fund
shall remain available until September 30, 2004.
SEC. 113. Item 1497 in the table contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat. 312), relating to
Alaska, is amended by inserting `and construct capital improvements to
intermodal marine freight and passenger facilities and access thereto' before
`in Anchorage'.
SEC. 114. Of the funds made available in H.R. 2299, the Fiscal Year
2002 Department of Transportation and Related Agencies Appropriations Act, of
funds made available for the Transportation and Community and System
Preservation Program, $300,000 shall be for the US-61 Woodville widening
project in Mississippi and, of funds made available for the Interstate
Maintenance program, $5,000,000 shall be for the City of Renton/Port Quendall,
WA project.
SEC. 115. Section 652(c)(1) of Public Law 107-67 is amended by
striking `Section 414(c)' and inserting `Section 416(c)'.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
PUBLIC AND INDIAN HOUSING
HOUSING CERTIFICATE FUND
SEC. 116. Of the amounts made available under both this heading and
the heading `Salaries and Expenses' in title II of Public Law 107-73, not to
exceed $20,000,000 shall be for the recordation and liquidation of obligations
and deficiencies incurred in prior years in connection with the provision of
technical assistance authorized under section 514 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (`section 514'), and for new
obligations for such technical assistance: Provided, That of the
total amount provided under this heading, not less than $2,000,000 shall be
made available from salaries and expenses allocated to the Office of General
Counsel and the Office of Multifamily Housing Assistance Restructuring in the
Department of Housing and Urban Development: Provided further, That
of the total amount provided under this heading, no more than $10,000,000
shall be made available for new obligations for technical assistance under
section 514: Provided further, That from amounts made available under
this heading, the Inspector General of the Department of Housing and Urban
Development (`HUD Inspector General') shall audit each provision of technical
assistance obligated under the requirements of section 514 over the last 4
years: Provided further, That, to the extent the HUD Inspector
General determines that the use of any funding for technical assistance does
not meet the requirements of section 514, the Secretary of Housing and Urban
Development (`Secretary') shall recapture any such funds: Provided
further, That no funds appropriated under title II of Public Law 107-73
and subsequent appropriations acts for the Department of Housing and Urban
Development shall be made available for four years to any entity (or any
subsequent entity comprised of significantly the same officers) that has been
identified as having violated the requirements of section 514 by the HUD
Inspector General: Provided further, That, notwithstanding any other
provision of law, no funding for technical assistance under section 514 shall
be available for carryover from any previous year: Provided further,
That the Secretary shall implement the provisions under this heading in a
manner that does not accelerate outlays.
DIVISION E--MISCELLANEOUS PROVISIONS
TITLE I--HOMESTAKE MINE CONVEYANCE
SEC. 101. SHORT TITLE.
This title may be cited as the `Homestake Mine Conveyance Act of
2001'.
SEC. 102. FINDINGS.
(1) the United States is among the leading nations in the world in
conducting basic scientific research;
(2) that leadership position strengthens the economy and national
defense of the United States and provides other important
benefits;
(3) the Homestake Mine in Lead, South Dakota, owned by the Homestake
Mining Company of California, is approximately 8,000 feet deep and is
situated in a unique physical setting that is ideal for carrying out certain
types of particle physics and other research;
(4) the Mine has been selected by the National Underground Science
Laboratory Committee, an independent panel of distinguished scientists, as
the preferred site for the construction of the National Underground Science
Laboratory;
(5) such a laboratory would be used to conduct scientific research
that would be funded and recognized as significant by the United
States;
(6) the establishment of the laboratory is in the national interest,
and would substantially improve the capability of the United States to
conduct important scientific research;
(7) for economic reasons, Homestake intends to cease operations at
the Mine in 2001;
(8) on cessation of operations of the Mine, Homestake intends to
implement reclamation actions that would preclude the establishment of a
laboratory at the Mine;
(9) Homestake has advised the State that, after cessation of
operations at the Mine, instead of closing the entire Mine, Homestake is
willing to donate the underground portion of the Mine and certain other real
and personal property of substantial value at the Mine for use as the
National Underground Science Laboratory;
(10) use of the Mine as the site for the laboratory, instead of
other locations under consideration, would result in a savings of millions
of dollars for the Federal Government;
(11) if the Mine is selected as the site for the laboratory, it is
essential that closure of the Mine not preclude the location of the
laboratory at the Mine;
(12) Homestake is unwilling to donate, and the State is unwilling to
accept, the property at the Mine for the laboratory if Homestake and the
State would continue to have potential liability with respect to the
transferred property; and
(13) to secure the use of the Mine as the location for the
laboratory, and to realize the benefits of the proposed laboratory, it is
necessary for the United States to--
(A) assume a portion of any potential future liability of
Homestake concerning the Mine; and
(B) address potential liability associated with the operation of
the laboratory.
SEC. 103. DEFINITIONS.
(1) ADMINISTRATOR- The term `Administrator' means the Administrator
of the Environmental Protection Agency.
(A) IN GENERAL- The term `affiliate' means any corporation or
other person that controls, is controlled by, or is under common control
with Homestake.
(B) INCLUSIONS- The term `affiliate' includes a director, officer,
or employee of an affiliate.
(3) CONVEYANCE- The term `conveyance' means the conveyance of the
Mine to the State under section 104(a).
(4) FUND- The term `Fund' means the Environment and Project Trust
Fund established under section 108.
(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).
(A) IN GENERAL- The term `laboratory' means the national
underground science laboratory proposed to be established at the Mine
after the conveyance.
(B) INCLUSION- The term `laboratory' includes operating and
support facilities of the laboratory.
(A) IN GENERAL- The term `Mine' means the portion of the Homestake
Mine in Lawrence County, South Dakota, proposed to be conveyed to the
State for the establishment and operation of the laboratory.
(B) INCLUSIONS- The term `Mine' includes--
(i) real property, mineral and oil and gas rights, shafts,
tunnels, structures, backfill, broken rock, fixtures, facilities, and
personal property to be conveyed for establishment and operation of the
laboratory, as agreed upon by Homestake and the State;
and
(ii) any water that flows into the Mine from any
source.
(C) EXCLUSIONS- The term `Mine' does not include--
(i) the feature known as the `Open Cut';
(ii) any tailings or tailings storage facility (other than
backfill in the portion of the Mine described in subparagraph (A));
or
(iii) any waste rock or any site used for the dumping of waste
rock (other than broken rock in the portion of the Mine described in
subparagraph (A)).
(10) PERSON- The term `person' means--
(B) a trust, firm, joint stock company, corporation (including a
government corporation), partnership, association, limited liability
company, or any other type of business entity;
(C) a State or political subdivision of a State;
(D) a foreign governmental entity;
(F) any department, agency, or instrumentality of the United
States.
(11) PROJECT SPONSOR- The term `project sponsor' means an entity
that manages or pays the costs of 1 or more projects that are carried out or
proposed to be carried out at the laboratory.
(12) SCIENTIFIC ADVISORY BOARD- The term `Scientific Advisory Board'
means the entity designated in the management plan of the laboratory to
provide scientific oversight for the operation of the laboratory.
(A) IN GENERAL- The term `State' means the State of South
Dakota.
(B) INCLUSIONS- The term `State' includes an institution, agency,
officer, or employee of the State.
SEC. 104. CONVEYANCE OF REAL PROPERTY.
(1) DELIVERY OF DOCUMENTS- Subject to paragraph (2) and subsection
(b) and notwithstanding any other provision of law, on the execution and
delivery by Homestake of 1 or more quit-claim deeds or bills of sale
conveying to the State all right, title, and interest of Homestake in and to
the Mine, title to the Mine shall pass from Homestake to the
State.
(2) CONDITION OF MINE ON CONVEYANCE- The Mine shall be conveyed as
is, with no representations as to the condition of the property.
(b) REQUIREMENTS FOR CONVEYANCE-
(1) IN GENERAL- As a condition precedent of conveyance and of the
assumption of liability by the United States in accordance with this title,
the Administrator shall accept the final report of the independent entity
under paragraph (3).
(2) DUE DILIGENCE INSPECTION-
(A) IN GENERAL- As a condition precedent of conveyance and of
Federal participation described in this title, Homestake shall permit an
independent entity to conduct a due diligence inspection of the Mine to
determine whether any condition of the Mine may present an imminent and
substantial endangerment to public health or the
environment.
(B) CONSULTATION- As a condition precedent of the conduct of a due
diligence inspection, Homestake, the South Dakota Department of
Environment and Natural Resources, the Administrator, and the independent
entity shall consult and agree upon the methodology and standards to be
used, and other factors to be considered, by the independent entity
in--
(i) the conduct of the due diligence
inspection;
(ii) the scope of the due diligence inspection;
and
(iii) the time and duration of the due diligence
inspection.
(3) REPORT TO THE ADMINISTRATOR-
(A) IN GENERAL- The independent entity shall submit to the
Administrator a report that--
(i) describes the results of the due diligence inspection under
paragraph (2); and
(ii) identifies any condition of or in the Mine that may present
an imminent and substantial endangerment to public health or the
environment.
(i) DRAFT REPORT- Before finalizing the report under this
paragraph, the independent entity shall--
(I) issue a draft report;
(II) submit to the Administrator, Homestake, and the State a
copy of the draft report;
(III) issue a public notice requesting comments on the draft
report that requires all such comments to be filed not later than 45
days after issuance of the public notice; and
(IV) during that 45-day public comment period, conduct at
least 1 public hearing in Lead, South Dakota, to receive comments on
the draft report.
(ii) FINAL REPORT- In the final report submitted to the
Administrator under this paragraph, the independent entity shall respond
to, and incorporate necessary changes suggested by, the comments
received on the draft report.
(4) REVIEW AND APPROVAL BY ADMINISTRATOR-
(A) IN GENERAL- Not later than 60 days after receiving the final
report under paragraph (3), the Administrator shall--
(i) review the report; and
(ii) notify the State in writing of acceptance or rejection of
the final report.
(B) CONDITIONS FOR REJECTION- The Administrator may reject the
final report only if the Administrator identifies 1 or more conditions of
the Mine that--
(i) may present an imminent and substantial endangerment to the
public health or the environment, as determined by the Administrator;
and
(ii) require response action to correct each condition that may
present an imminent and substantial endangerment to the public health or
the environment identified under clause (i) before conveyance and
assumption by the Federal Government of liability concerning the Mine
under this title.
(C) RESPONSE ACTIONS AND CERTIFICATION-
(I) IN GENERAL- If the Administrator rejects the final report,
Homestake may carry out or bear the cost of, or permit the State or
another person to carry out or bear the cost of, such response actions
as are necessary to correct any condition identified by the
Administrator under subparagraph (B)(i) that may present an imminent
and substantial endangerment to public health or the
environment.
(II) LONG-TERM RESPONSE ACTIONS-
(aa) IN GENERAL- In a case in which the Administrator determines
that a condition identified by the Administrator under subparagraph (B)(i)
requires continuing response action, or response action that can be completed
only as part of the final closure of the laboratory, it shall be a condition of
conveyance that Homestake, the State, or another person deposit into the Fund
such amount as is estimated by the independent entity, on a net present value
basis and after taking into account estimated interest on that basis, to be
sufficient to pay the costs of the long-term response action or the response
action that will be completed as part of the final closure of the
laboratory.
(bb) LIMITATION ON USE OF FUNDS- None of the funds deposited into
the Fund under item (aa) shall be expended for any purpose other than to pay the
costs of the long-term response action, or the response action that will be
completed as part of the final closure of the Mine, identified under that
item.
(ii) CONTRIBUTION BY HOMESTAKE- The total amount that Homestake
may expend, pay, or deposit into the Fund under subclauses (I) and (II)
of clause (i) shall not exceed--
(II) the fair value of the Mine as determined under section
105(a).
(I) IN GENERAL- After any response actions described in clause
(i)(I) are carried out and any required funds are deposited under
clause (i)(II), the independent entity may certify to the
Administrator that the conditions for rejection identified by the
Administrator under subparagraph (B) have been
corrected.
(II) ACCEPTANCE OR REJECTION OF CERTIFICATION- Not later than
60 days after an independent entity makes a certification under
subclause (I), the Administrator shall accept or reject the
certification.
(c) REVIEW OF CONVEYANCE- For the purposes of the conveyance, the
requirements of this section shall be considered to be sufficient to meet any
requirement of the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.).
SEC. 105. ASSESSMENT OF PROPERTY.
(a) VALUATION OF PROPERTY- The independent entity shall assess the
fair value of the Mine.
(b) FAIR VALUE- For the purposes of this section, the fair value of
the Mine shall include the estimated cost, as determined by the independent
entity under subsection (a), of replacing the shafts, winzes, hoists, tunnels,
ventilation system, and other equipment and improvements at the Mine that are
expected to be used at, or that will be useful to, the laboratory.
(c) REPORT- Not later than the date on which each report developed in
accordance with section 104(b)(3) is submitted to the Administrator, the
independent entity described in subsection (a) shall submit to the State a
report that identifies the fair value assessed under subsection (a).
SEC. 106. LIABILITY.
(a) ASSUMPTION OF LIABILITY-
(1) ASSUMPTION- Subject to paragraph (2), notwithstanding any other
provision of law, on completion of the conveyance in accordance with this
title, the United States shall assume any and all liability relating to the
Mine and laboratory, including liability for--
(C) the costs of response to any hazardous substance (as defined
in section 101 of the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601)), contaminant, or other
material on, under, or relating to the Mine and laboratory;
and
(D) closure of the Mine and laboratory.
(2) CLAIMS AGAINST UNITED STATES- In the case of any claim brought
against the United States, the United States shall be liable
for--
(A) damages under paragraph (1)(A), only to the extent that an
award of damages is made in a civil action brought under chapter 171 of
title 28, United States Code; and
(B) response costs under paragraph (1)(C), only to the extent that
an award of response costs is made in a civil action brought
under--
(i) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.);
(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et
seq.);
(iii) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(iv) any other applicable Federal environmental law, as
determined by the Administrator.
(b) LIABILITY PROTECTION- On completion of the conveyance, neither
Homestake nor the State shall be liable to any person or the United States for
injuries, costs, injunctive relief, reclamation, damages (including damages to
natural resources or the environment), or expenses, or liable under any other
claim (including claims for indemnification or contribution, claims by third
parties for death, personal injury, illness, or loss of or damage to property,
or claims for economic loss), under any law (including a regulation) for any
claim arising out of or in connection with contamination, pollution, or other
condition, use, or closure of the Mine and laboratory, regardless of when a
condition giving rise to the liability originated or was discovered.
(c) INDEMNIFICATION- Notwithstanding any other provision of law, on
completion of the conveyance in accordance with this title, the United States
shall indemnify, defend, and hold harmless Homestake and the State from and
against--
(1) any and all liabilities and claims described in subsection (a),
without regard to any limitation under subsection (a)(2); and
(2) any and all liabilities and claims described in subsection
(b).
(d) WAIVER OF SOVEREIGN IMMUNITY- For purposes of this Act, the United
States waives any claim to sovereign immunity.
(e) TIMING FOR ASSUMPTION OF LIABILITY- If the conveyance is
effectuated by more than 1 legal transaction, the assumption of liability,
liability protection, indemnification, and waiver of sovereign immunity
provided for under this section shall apply to each legal transaction, as of
the date on which the transaction is completed and with respect to such
portion of the Mine as is conveyed under that transaction.
(f) EXCEPTIONS FOR HOMESTAKE CLAIMS- Nothing in this section
constitutes an assumption of liability by the United States, or relief of
liability of Homestake, for--
(1) any unemployment, worker's compensation, or other
employment-related claim or cause of action of an employee of Homestake that
arose before the date of conveyance;
(2) any claim or cause of action that arose before the date of
conveyance, other than an environmental claim or a claim concerning natural
resources;
(3) any violation of any provision of criminal law; or
(4) any claim, injury, damage, liability, or reclamation or cleanup
obligation with respect to any property or asset that is not conveyed under
this title, except to the extent that any such claim, injury, damage,
liability, or reclamation or cleanup obligation arises out of the continued
existence or use of the Mine subsequent to the date of
conveyance.
SEC. 107. INSURANCE COVERAGE.
(a) PROPERTY AND LIABILITY INSURANCE-
(1) IN GENERAL- To the extent property and liability insurance is
available and subject to the requirements described in paragraph (2), the
State shall purchase property and liability insurance for the Mine and the
operation of the laboratory to provide coverage against the liability
described in subsections (a) and (b) of section 106.
(2) REQUIREMENTS- The requirements referred to in paragraph (1) are
the following:
(A) TERMS OF INSURANCE- In determining the type, extent of
coverage, and policy limits of insurance purchased under this subsection,
the State shall--
(i) periodically consult with the Administrator and the
Scientific Advisory Board; and
(ii) consider certain factors, including--
(I) the nature of the projects and experiments being conducted
in the laboratory;
(II) the availability and cost of commercial insurance;
and
(III) the amount of funding available to purchase commercial
insurance.
(B) ADDITIONAL TERMS- The insurance purchased by the State under
this subsection may provide coverage that is--
(i) secondary to the insurance purchased by project sponsors;
and
(ii) in excess of amounts available in the Fund to pay any
claim.
(3) FINANCING OF INSURANCE PURCHASE-
(A) IN GENERAL- Subject to section 108, the State may finance the
purchase of insurance required under this subsection by
using--
(i) funds made available from the Fund; and
(ii) such other funds as are received by the State for the
purchase of insurance for the Mine and laboratory.
(B) NO REQUIREMENT TO USE STATE FUNDS- Nothing in this title
requires the State to use State funds to purchase insurance required under
this subsection.
(4) ADDITIONAL INSURED- Any insurance purchased by the State under
this subsection shall--
(A) name the United States as an additional insured;
or
(B) otherwise provide that the United States is a beneficiary of
the insurance policy having the primary right to enforce all rights of the
United States under the policy.
(5) TERMINATION OF OBLIGATION TO PURCHASE INSURANCE- The obligation
of the State to purchase insurance under this subsection shall terminate on
the date on which--
(A) the Mine ceases to be used as a laboratory; or
(B) sufficient funding ceases to be available for the operation
and maintenance of the Mine or laboratory.
(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.
(1) IN GENERAL- To the extent required by State law, the State shall
purchase, with respect to the operation of the Mine and the
laboratory--
(A) unemployment compensation insurance; and
(B) worker's compensation insurance.
(2) PROHIBITION ON USE OF FUNDS FROM FUND- A State shall not use
funds from the Fund to carry out paragraph (1).
SEC. 108. ENVIRONMENT AND PROJECT TRUST FUND.
(a) ESTABLISHMENT- On completion of the conveyance, the State shall
establish, in an interest-bearing account at an accredited financial
institution located within the State, the Environment and Project Trust
Fund.
(b) AMOUNTS- The Fund shall consist of--
(1) an annual deposit from the operation and maintenance funding
provided for the laboratory in an amount to be determined--
(A) by the State, in consultation with the Administrator and the
Scientific Advisory Board; and
(B) after taking into consideration--
(i) the nature of the projects and experiments being conducted
at the laboratory;
(ii) available amounts in the Fund;
(iii) any pending costs or claims that may be required to be
paid out of the Fund; and
(iv) the amount of funding required for future actions
associated with the closure of the facility;
(2) an amount determined by the State, in consultation with the
Administrator and the Scientific Advisory Board, and to be paid by the
appropriate project sponsor, for each project to be conducted, which
amount--
(A) shall be used to pay--
(i) costs incurred in removing from the Mine or laboratory
equipment or other materials related to the project;
(ii) claims arising out of or in connection with the project;
and
(iii) if any portion of the amount remains after paying the
expenses described in clauses (i) and (ii), other costs described in
subsection (c); and
(B) may, at the discretion of the State, be
assessed--
(ii) in a lump sum as a prerequisite to the approval of the
project;
(3) interest earned on amounts in the Fund, which amount of interest
shall be used only for a purpose described in subsection (c); and
(4) all other funds received and designated by the State for deposit
in the Fund.
(c) EXPENDITURES FROM FUND- Amounts in the Fund shall be used only for
the purposes of funding--
(1) waste and hazardous substance removal or remediation, or other
environmental cleanup at the Mine;
(2) removal of equipment and material no longer used, or necessary
for use, in conjunction with a project conducted at the
laboratory;
(3) a claim arising out of or in connection with the conducting of
such a project;
(4) purchases of insurance by the State as required under section
107;
(5) payments for and other costs relating to liability described in
section 106; and
(6) closure of the Mine and laboratory.
(d) FEDERAL PAYMENTS FROM FUND- The United States--
(1) to the extent the United States assumes liability under section
106--
(A) shall be a beneficiary of the Fund; and
(B) may direct that amounts in the Fund be applied to pay amounts
and costs described in this section; and
(2) may take action to enforce the right of the United States to
receive 1 or more payments from the Fund.
(e) NO REQUIREMENT OF DEPOSIT OF PUBLIC FUNDS- Nothing in this section
requires the State to deposit State funds as a condition of the assumption by
the United States of liability, or the relief of the State or Homestake from
liability, under section 106.
SEC. 109. WASTE ROCK MIXING.
After completion of the conveyance, the State shall obtain the
approval of the Administrator before disposing of any material quantity of
laboratory waste rock if--
(1) the disposal site is on land not conveyed under this title;
and
(2) the State determines that the disposal could result in
commingling of laboratory waste rock with waste rock disposed of by
Homestake before the date of conveyance.
SEC. 110. REQUIREMENTS FOR OPERATION OF LABORATORY.
After the conveyance, nothing in this title exempts the laboratory
from compliance with any law (including a Federal environmental law).
SEC. 111. CONTINGENCY.
This title shall be effective contingent on the selection, by the
National Science Foundation, of the Mine as the site for the
laboratory.
SEC. 112. OBLIGATION IN THE EVENT OF NONCONVEYANCE.
If the conveyance under this title does not occur, any obligation of
Homestake relating to the Mine shall be limited to such reclamation or
remediation as is required under any applicable law other than this
title.
SEC. 113. PAYMENT AND REIMBURSEMENT OF COSTS.
The United States may seek payment--
(1) from the Fund, under section 108(d), to pay or reimburse the
United States for amounts payable or liabilities incurred under this title;
and
(2) from available insurance, to pay or reimburse the United States
and the Fund for amounts payable or liabilities incurred under this
title.
SEC. 114. CONSENT DECREES.
Nothing in this title affects any obligation of a party
under--
(1) the 1990 Remedial Action Consent Decree (Civ. No. 90-5101 D.
S.D.); or
(2) the 1999 Natural Resource Damage Consent Decree (Civ. Nos.
97-5078 and 97-5100, D. S.D.).
SEC. 115. CUSTOMS USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by inserting after `September 30,
2003,' the following: `except that fees shall continue to be charged under
paragraphs (1) through (8) of that subsection through January 31,
2004.'.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to
carry out this title.
TITLE II--GENERAL PROVISIONS, THIS DIVISION
SEC. 201. TRUSTEES OF THE JOHN F. KENNEDY CENTER FOR THE PERFORMING
ARTS. (a) MEMBERSHIP- Section 2(a) of the John F. Kennedy Center Act (20
U.S.C. 76h(a)) is amended--
(1) by striking `There is hereby' and inserting the
following:
`(1) IN GENERAL- There is'; and
(2) by striking the second sentence and inserting the
following:
`(2) MEMBERSHIP- The Board shall be composed of--
`(A) the Secretary of Health and Human Services;
`(B) the Librarian of Congress;
`(C) the Secretary of State;
`(D) the Chairman of the Commission of Fine Arts;
`(E) the Mayor of the District of Columbia;
`(F) the Superintendent of Schools of the District of
Columbia;
`(G) the Director of the National Park Service;
`(H) the Secretary of Education;
`(I) the Secretary of the Smithsonian Institution;
`(J)(i) the Speaker and the Minority Leader of the House of
Representatives;
`(ii) the chairman and ranking minority member of the Committee on
Public Works and Transportation of the House of Representatives;
and
`(iii) 3 additional Members of the House of Representatives
appointed by the Speaker of the House of Representatives;
`(K)(i) the Majority Leader and the Minority Leader of the
Senate;
`(ii) the chairman and ranking minority member of the Committee on
Environment and Public Works of the Senate; and
`(iii) 3 additional Members of the Senate appointed by the
President of the Senate; and
`(L) 36 general trustees, who shall be citizens of the United
States, to be appointed in accordance with subsection (b).'.
(b) TERMS OF OFFICE FOR NEW GENERAL TRUSTEES- Section 2(b) of the John
F. Kennedy Center Act (20 U.S.C. 76h(b)) shall apply to each general trustee
of the John F. Kennedy Center for the Performing Arts whose position is
established by the amendment made by subsection (a)(2) (referred to in this
subsection as a `new general trustee'), except that the initial term of office
of each new general trustee shall--
(1) commence on the date on which the new general trustee is
appointed by the President; and
(2) terminate on September 1, 2007.
SEC. 202. (a) The purpose of this section is to require procedures
that ensure the fair and equitable resolution of labor integration issues, in
order to prevent further disruption to transactions for the combination of air
carriers, which would potentially aggravate the disruption caused by the
attack on the United States on September 11, 2001.
(1) The term `air carrier' means an air carrier that holds a
certificate issued under chapter 411 of title 49, United States
Code.
(2) The term `covered employee' means an employee who--
(A) is not a temporary employee; and
(B) is a member of a craft or class that is subject to the Railway
Labor Act (45 U.S.C. 151 et seq.).
(3) The term `covered transaction' means a transaction
that--
(A) is a transaction for the combination of multiple air carriers
into a single air carrier;
(B) involves the transfer of ownership or control
of--
(i) 50 percent or more of the equity securities (as defined in
section 101 of title 11, United States Code) of an air carrier;
or
(ii) 50 percent or more (by value) of the assets of the air
carrier;
(C) became a pending transaction, or was completed, not earlier
than January 1, 2001; and
(D) did not result in the creation of a single air carrier by
September 11, 2001.
(c) If an eligible employee is a covered employee of an air carrier
involved in a covered transaction that leads to the combination of crafts or
classes that are subject to the Railway Labor Act, the eligible employee may
receive assistance under this title only if the parties to the
transaction--
(1) apply sections 3 and 13 of the labor protective provisions
imposed by the Civil Aeronautics Board in the Allegheny-Mohawk merger (as
published at 59 CAB 45) to the covered employees of the air carrier;
and
(2) subject to paragraph (1), in a case in which a collective
bargaining agreement provides for the application of sections 3 and 13 of
the labor protective provisions in the process of seniority integration for
the covered employees, apply the terms of the collective bargaining
agreement to the covered employees, and do not abrogate the terms of the
agreement.
(d) Any aggrieved person (including any labor organization that
represents the person) may bring an action to enforce this section, or the
terms of any award or agreement resulting from arbitration or a settlement
relating to the requirements of this section. The person may bring the action
in an appropriate Federal district court, determined in accordance with
section 1391 of title 28, United States Code, without regard to the amount in
controversy.
Attest:
Secretary.
107th CONGRESS
1st Session
H. R. 3338
AMENDMENT
END