H. R. 5010—29
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. 8047. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or consulting serv-
ices entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the procure-
ment determines—
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a specific
concern, or to insure that a new product or idea of a specific
concern is given financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements
of equipment that is in development or production, or contracts
as to which a civilian official of the Department of Defense, who
has been confirmed by the Senate, determines that the award
of such contract is in the interest of the national defense.
SEC. 8048. (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 head-
quarters.
(b) The Secretary of Defense or Secretary of a military depart-
ment may waive the limitations in subsection (a), on a case-by-
case basis, if the Secretary determines, and certifies to the Commit-
tees on Appropriations of the House of Representatives and Senate
that the granting of the waiver will reduce the personnel require-
ments or the financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.
SEC. 8049. Notwithstanding section 303 of Public Law 96–
487 or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air Facility,
Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for commercial, indus-
trial or other purposes: Provided, That notwithstanding any other
provision of law, the Secretary of the Navy may remove hazardous
materials from facilities, buildings, and structures at Adak, Alaska,
and may demolish or otherwise dispose of such facilities, buildings,
and structures.
(RESCISSIONS)
SEC. 8050. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
‘‘Procurement of Weapons and Tracked Combat Vehicles,
Army, 2001/2003’’, $9,500,000;
H. R. 5010—30
‘‘Procurement 
of 
Ammunition, 
Army, 
2001/2003’’,
$4,000,000;
‘‘Other Procurement, Army, 2001/2003’’, $8,000,000;
‘‘Other Procurement, Navy, 2001/2003’’, $5,000,000;
‘‘Missile Procurement, Air Force, 2001/2003’’, $93,600,000;
‘‘Missile Procurement, Army, 2002/2004’’, $37,650,000;
‘‘Procurement 
of 
Ammunition, 
Army, 
2002/2004’’,
$19,000,000;
‘‘Other Procurement, Army, 2002/2004’’, $21,200,000;
‘‘Missile Procurement, Air Force, 2002/2004’’, $114,600,000;
‘‘Research, Development, Test and Evaluation, Navy, 2002/
2003’’, $1,700,000;
‘‘Research, Development, Test and Evaluation, Air Force,
2002/2003’’, $69,000,000; and
‘‘Research, Development, Test and Evaluation, Defense-
Wide, 2002/2003’’, $19,500,000.
SEC. 8051. None of the funds available in this Act may be
used to reduce the authorized positions for military (civilian) techni-
cians of the Army National Guard, the Air National Guard, Army
Reserve and Air Force Reserve for the purpose of applying any
administratively imposed civilian personnel ceiling, freeze, or reduc-
tion on military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8052. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of North Korea unless specifi-
cally appropriated for that purpose.
SEC. 8053. During the current fiscal year, funds appropriated
in this Act are available to compensate members of the National
Guard for duty performed pursuant to a plan submitted by a Gov-
ernor of a State and approved by the Secretary of Defense under
section 112 of title 32, United States Code: Provided, That during
the performance of such duty, the members of the National Guard
shall be under State command and control: Provided further, That
such duty shall be treated as full-time National Guard duty for
purposes of sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
SEC. 8054. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program (JMIP),
and the Tactical Intelligence and Related Activities (TIARA) aggre-
gate: Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
SEC. 8055. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical
and medical support personnel assigned to military treatment facili-
ties below the September 30, 2002 level: Provided, That the Service
Surgeons General may waive this section by certifying to the
congressional defense committees that the beneficiary population
H. R. 5010—31
is declining in some catchment areas and civilian strength reduc-
tions may be consistent with responsible resource stewardship and
capitation-based budgeting.
SEC. 8056. (a) LIMITATION ON PENTAGON RENOVATION COSTS.—
Not later than the date each year on which the President submits
to Congress the budget under section 1105 of title 31, United
States Code, the Secretary of Defense shall submit to Congress
a certification that the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of wedges
2 through 5 of the Pentagon Reservation, cumulatively, will not
exceed four times the total cost for the planning, design, construc-
tion, and installation of equipment for the renovation of wedge
1.
(b) ANNUAL ADJUSTMENT.—For purposes of applying the limita-
tion in subsection (a), the Secretary shall adjust the cost for the
renovation of wedge 1 by any increase or decrease in costs attrib-
utable to economic inflation, based on the most recent economic
assumptions issued by the Office of Management and Budget for
use in preparation of the budget of the United States under section
1104 of title 31, United States Code.
(c) EXCLUSION OF CERTAIN COSTS.—For purposes of calculating
the limitation in subsection (a), the total cost for wedges 2 through
5 shall not include—
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on Sep-
tember 11, 2001;
(2) any increase in costs for wedges 2 through 5 attributable
to compliance with new requirements of Federal, State, or
local laws; and
(3) any increase in costs attributable to additional security
requirements that the Secretary of Defense considers essential
to provide a safe and secure working environment.
(d) CERTIFICATION COST REPORTS.—As part of the annual cer-
tification under subsection (a), the Secretary shall report the pro-
jected cost (as of the time of the certification) for—
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that occurred
on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—The require-
ment to make an annual certification under subsection (a) shall
apply until the Secretary certifies to Congress that the renovation
of the Pentagon Reservation is completed.
SEC. 8057. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for environ-
mental remediation may be obligated under indefinite delivery/
indefinite quantity contracts with a total contract value of
$130,000,000 or higher.
SEC. 8058. (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.
H. R. 5010—32
(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 appropria-
tions law.
(TRANSFER OF FUNDS)
SEC. 8059. 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. 8060. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Pro-
vided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on Appropria-
tions of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security pur-
poses: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 4(12)
of the Office of Federal Procurement Policy Act, except that the
restriction shall apply to ball or roller bearings purchased as end
items.
SEC. 8061. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available
to provide transportation of medical supplies and equipment, on
a nonreimbursable basis, to American Samoa, and funds available
to the Department of Defense shall be made available to provide
transportation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it is in
conjunction with a civil-military project.
SEC. 8062. 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. 8063. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to participate
in any manufacturing extension program financed by funds appro-
priated in this or any other Act.
SEC. 8064. 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