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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 fore-
going purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon, prior to
approval of title; reserve plant and Government and con-
tractor-owned equipment layaway, $10,628,958,000, to re-
main available for obligation until September 30, 2005.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments) nec-
essary for procurement, production, and modification of
equipment, supplies, materials, and spare parts therefor,
not otherwise provided for; the purchase of passenger motor
vehicles for replacement only; the purchase of 4 vehicles re-
quired for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not
to exceed $180,000 per vehicle; expansion of public and pri-
vate 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 con-
tractor-owned equipment layaway, $2,958,285,000, to re-
main available for obligation until September 30, 2005.
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NATIONAL GUARD AND RESERVE EQUIPMENT
For procurement of aircraft, missiles, tracked combat
vehicles, ammunition, other weapons, and other procure-
ment for the reserve components of the Armed Forces,
$130,000,000, to remain available for obligation until Sep-
tember 30, 2005: 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.
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),
$73,057,000, to remain available until expended, of which,
$5,000,000 may be used for a Processable Rigid-Rod Poly-
meric Material Supplier Initiative under title III of the De-
fense 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 processable rigid-rod
polymeric materials.
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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 main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $7,410,168,000, to remain available for ob-
ligation until September 30, 2004.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, NAVY
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $13,275,735,000, to remain available for
obligation until September 30, 2004: Provided, That funds
appropriated in this paragraph which are available for the
V–22 may be used to meet unique operational requirements
of the Special Operations Forces: Provided further, That of
the funds appropriated by this paragraph, up to $2,000,000
may be available for Structural Reliability of FRP Com-
posites: Provided further, That of the funds provided under
this section, up to $5,000,000 may be made available for
the Common Affordable Radar Processing program.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $18,537,679,000, to remain available for
obligation until September 30, 2004.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment, $16,611,107,000,
to remain available for obligation until September 30,
2004.
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 oper-
ational test and evaluation, including initial operational
test and evaluation which is conducted prior to, and in sup-
port of, production decisions; joint operational testing and
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evaluation; and administrative expenses in connection
therewith, $302,554,000, to remain available for obligation
until September 30, 2004.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For 
the 
Defense 
Working 
Capital 
Funds,
$1,784,956,000: Provided, That during fiscal year 2003,
funds in the Defense Working Capital Funds may be used
for the purchase of not to exceed 315 passenger carrying
motor vehicles for replacement only for the Defense Security
Service, and the purchase of not to exceed 7 vehicles for re-
placement only for the Defense Logistics Agency.
NATIONAL DEFENSE SEALIFT FUND
For National Defense Sealift Fund programs, projects,
and activities, and for expenses of the National Defense Re-
serve Fleet, as established by section 11 of the Merchant
Ship Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $934,129,000, to remain available until ex-
pended: Provided, That none of the funds provided in this
paragraph shall be used to award a new contract that pro-
vides for the acquisition of any of the following major com-
ponents unless such components are manufactured in the
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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 fur-
ther, 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 depart-
ment responsible for such procurement may waive the re-
strictions in the first proviso on a case-by-case basis by cer-
tifying 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, 
$14,961,497,000, 
of 
which
$14,283,041,000 shall be for Operation and maintenance,
of which not to exceed 2 percent shall remain available until
September 30, 2004; of which $284,242,000, to remain
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available for obligation until September 30, 2005, shall be
for Procurement; of which $394,214,000, to remain avail-
able for obligation until September 30, 2004, 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 chem-
ical agents and munitions in accordance with the provi-
sions of section 1412 of the Department of Defense Author-
ization Act, 1986 (50 U.S.C. 1521), and for the destruction
of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,490,199,000, of which
$974,238,000 shall be for Operation and maintenance to re-
main available until September 30, 2004, $213,278,000
shall be for Procurement to remain available until Sep-
tember 30, 2005, and $302,683,000 shall be for Research,
development, test and evaluation to remain available until
September 30, 2004: Provided, That of these funds
$507,500,000 shall not be available until five days after the
Army notifies the Committees on Appropriations of the
House and Senate that it is able to meet milestones agreed
upon by the Office of the Secretary of Defense and the Office
of Management and Budget.
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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 per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Oper-
ation and maintenance; for Procurement; and for Research,
development, test and evaluation, $916,107,000: 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 au-
thority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the Inspec-
tor General in carrying out the provisions of the Inspector
General Act of 1978, as amended, $157,165,000, of which
$155,165,000 shall be for Operation and maintenance, of
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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 $2,000,000
to remain available until September 30, 2005, shall be for
Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Retire-
ment and Disability System Fund, to maintain the proper
funding level for continuing the operation of the Central
Intelligence Agency Retirement and Disability System,
$212,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Community
Management Account, $122,754,000 of which $24,252,000
for the Advanced Research and Development Committee
shall remain available until September 30, 2004: Provided,
That of the funds appropriated under this heading,
$34,100,000 shall be transferred to the Department of Jus-
tice for the National Drug Intelligence Center to support
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the Department of Defense’s counter-drug intelligence re-
sponsibilities, and of the said amount, $1,500,000 for Pro-
curement shall remain available until September 30, 2005
and $1,000,000 for Research, development, test and evalua-
tion shall remain available until September 30, 2004: Pro-
vided further, That the National Drug Intelligence Center
shall maintain the personnel and technical resources to pro-
vide timely support to law enforcement authorities to con-
duct document exploitation of materials collected in Fed-
eral, State, and local law enforcement activity.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE,
REMEDIATION, AND ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Reme-
diation, and Environmental Restoration Fund, as author-
ized by law, $80,000,000, to remain available until ex-
pended.
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 Edu-
cation Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
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SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
ployment 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 indi-
rect 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 com-
puted 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 employ-
ees, 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 na-
tional employees of the Department of Defense in the Re-
public 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 appropria-
tions in this Act which are limited for obligation during
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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 Re-
serve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Management
and Budget, transfer not to exceed $2,000,000,000 of work-
ing 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) be-
tween 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 appropria-
tion or fund to which transferred: Provided, That such au-
thority to transfer may not be used unless for higher pri-
ority 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 de-
nied 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
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to the Committees on Appropriations for reprogramming
of funds, unless for higher priority items, based on unfore-
seen military requirements, than those for which originally
appropriated and in no case where the item for which re-
programming is requested has been denied by the Congress:
Provided 
further, 
That 
a 
request 
for 
multiple
reprogrammings of funds using authority provided in this
section must be made prior to May 31, 2003.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense 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 be-
tween such funds: Provided further, That transfers may be
made between working capital funds and the ‘‘Foreign Cur-
rency Fluctuations, Defense’’ appropriation and the ‘‘Oper-
ation 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 Sec-
retary of Defense has notified the Congress of the proposed
transfer. Except in amounts equal to the amounts appro-
priated to working capital funds in this Act, no obligations
may be made against a working capital fund to procure
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or increase the value of war reserve material inventory, un-
less 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 em-
ploys 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 li-
ability: Provided further, That no part of any appropria-
tion contained in this Act shall be available to initiate
multiyear procurement contracts for any systems or compo-
nent thereof if the value of the multiyear contract would
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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:
C–130 aircraft;
FMTV; and
F/A–18E and F engine.
SEC. 8009. Within the funds appropriated for the oper-
ation and maintenance of the Armed Forces, funds are here-
by 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 assist-
ance 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 re-
ported to the Congress as of September 30 of each year: Pro-
vided, That funds available for operation and maintenance
shall be available for providing humanitarian and similar
assistance by using Civic Action Teams in the Trust Terri-
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tories 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 edu-
cation programs conducted at Army medical facilities lo-
cated 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 Com-
monwealth of the Northern Mariana Islands, the Marshall
Islands, the Federated States of Micronesia, Palau, and
Guam.
SEC. 8010. (a) During fiscal year 2003, the civilian
personnel of the Department of Defense may not be man-
aged 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 2004 budget request for the Depart-
ment of Defense as well as all justification material and
other documentation supporting the fiscal year 2004 De-
partment of Defense budget request shall be prepared and
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submitted to the Congress as if subsections (a) and (b) of
this provision were effective with regard to fiscal year 2004.
(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 Colum-
bia, 125,000 civilian workyears: Provided, That workyears
shall be applied as defined in the Federal Personnel Man-
ual: Provided further, That workyears expended in depend-
ent 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 in-
fluence congressional action on any legislation or appro-
priation 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 Af-
fairs 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
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reenlisted with this option prior to October 1, 1987: Pro-
vided 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 anal-
ysis is completed on such activity or function and certifi-
cation of the analysis is made to the Committees on Appro-
priations 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 ac-
cordance with that Act; or (3) is planned to be converted
to performance by a qualified firm under 51 percent owner-
ship by an Indian tribe, as defined in section 450b(e) of
title 25, United States Code, or a Native Hawaiian organi-