Pub.L. 107-118 To provide certain relief for small businesses from liability under the ...

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

[[Page 115 STAT. 2230]]

Public Law 107-117
107th Congress

                                 An Act


 
Making appropriations for the Department of Defense for the fiscal year 
  ending September 30, 2002, and for other purposes. <<NOTE: Jan. 10, 
                         2002 -  [H.R. 3338]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Department of 
Defense and Emergency Supplemental Appropriations for Recovery from and 
Response to Terrorist Attacks on the United States Act, 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:

 DIVISION <<NOTE: Department of Defense Appropriations Act, 2002.>> A--
DEPARTMENT OF DEFENSE APPROPRIATIONS, 2002

                                 TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Army on active duty (except members of reserve components provided 
for elsewhere), cadets, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$23,752,384,000.

                        Military Personnel, Navy

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Navy on active duty (except members of the Reserve provided for 
elsewhere), midshipmen, and aviation cadets; and for payments pursuant 
to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 note), 
and to the Department of Defense Military Retirement Fund, 
$19,551,484,000.

                    Military Personnel, Marine Corps

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

[[Page 115 STAT. 2231]]

(including all expenses thereof for organizational movements), and 
expenses of temporary duty travel between permanent duty stations, for 
members of the Marine Corps on active duty (except members of the 
Reserve provided for elsewhere); and for payments pursuant to section 
156 of Public Law 97-377, as amended (42 U.S.C. 402 note), and to the 
Department of Defense Military Retirement Fund, $7,345,340,000.

                      Military Personnel, Air Force

    For pay, allowances, individual clothing, subsistence, interest on 
deposits, gratuities, permanent change of station travel (including all 
expenses thereof for organizational movements), and expenses of 
temporary duty travel between permanent duty stations, for members of 
the Air Force on active duty (except members of reserve components 
provided for elsewhere), cadets, and aviation cadets; and for payments 
pursuant to section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
note), and to the Department of Defense Military Retirement Fund, 
$19,724,014,000.

                         Reserve Personnel, Army

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Army Reserve on active duty under 
sections 10211, 10302, and 3038 of title 10, United States Code, or 
while serving on active duty under section 12301(d) of title 10, United 
States Code, in connection with performing duty specified in section 
12310(a) of title 10, United States Code, or while undergoing reserve 
training, or while performing drills or equivalent duty or other duty, 
and for members of the Reserve Officers' Training Corps, and expenses 
authorized by section 16131 of title 10, United States Code; and for 
payments to the Department of Defense Military Retirement Fund, 
$2,670,197,000.

                         Reserve Personnel, Navy

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Navy Reserve on active duty under 
section 10211 of title 10, United States Code, or while serving on 
active duty under section 12301(d) of title 10, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while undergoing reserve training, or while 
performing drills or equivalent duty, and for members of the Reserve 
Officers' Training Corps, and expenses authorized by section 16131 of 
title 10, United States Code; and for payments to the Department of 
Defense Military Retirement Fund, $1,654,523,000.

                     Reserve Personnel, Marine Corps

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Marine Corps Reserve on active 
duty under section 10211 of title 10, United States Code, or while 
serving on active duty under section 12301(d) of title 10, United States 
Code, in connection with performing duty specified in section 12310(a) 
of title 10, United States Code, or while undergoing reserve training, 
or while performing drills or equivalent duty, and for members of the 
Marine Corps platoon leaders class,

[[Page 115 STAT. 2232]]

and expenses authorized by section 16131 of title 10, United States 
Code; and for payments to the Department of Defense Military Retirement 
Fund, $471,200,000.

                      Reserve Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air Force Reserve on active duty 
under sections 10211, 10305, and 8038 of title 10, United States Code, 
or while serving on active duty under section 12301(d) of title 10, 
United States Code, in connection with 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, 
$4,041,695,000.

                   National Guard Personnel, Air Force

    For pay, allowances, clothing, subsistence, gratuities, travel, and 
related expenses for personnel of the Air National Guard on duty under 
section 10211, 10305, or 12402 of title 10 or section 708 of title 32, 
United States Code, or while serving on duty under section 12301(d) of 
title 10 or section 502(f) of title 32, United States Code, in 
connection with performing duty specified in section 12310(a) of title 
10, United States Code, or while 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, 
$1,784,654,000.

                                TITLE II

                        OPERATION AND MAINTENANCE

                     Operation and Maintenance, Army

                      (including transfer of funds)

    For expenses, not otherwise provided for, necessary for the 
operation and maintenance of the Army, as authorized by law; and not to 
exceed $10,794,000 can be used for emergencies and

[[Page 115 STAT. 2233]]

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

                     Operation and Maintenance, Navy

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

                 Operation and Maintenance, Marine Corps

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

                  Operation and Maintenance, Air Force

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

                 Operation and Maintenance, Defense-Wide

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

[[Page 115 STAT. 2234]]

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

                 Operation and Maintenance, Army Reserve

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

                 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, $2,024,866,000.

             Operation and Maintenance, Army National Guard

    For expenses of training, organizing, and administering the Army 
National Guard, including medical and hospital treatment and related 
expenses in non-Federal hospitals; maintenance, operation, and repairs 
to structures and facilities; hire of passenger motor vehicles; 

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