IB
107TH CONGRESS
1ST SESSION
H. R. 3338
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 7, 2001
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2002, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
DIVISION A—DEPARTMENT OF DEFENSE
APPROPRIATIONS, 2002
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 func-
tions administered by the Department of Defense, and for
other purposes, namely:
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TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Army on active duty (except members of reserve compo-
nents 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 De-
partment
of
Defense
Military
Retirement
Fund,
$23,336,884,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Navy on active duty (except members of the Reserve pro-
vided 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 Depart-
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ment
of
Defense
Military
Retirement
Fund,
$19,574,184,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Ma-
rine Corps on active duty (except members of the Reserve
provided for elsewhere); and for payments pursuant to sec-
tion 156 of Public Law 97–377, as amended (42 U.S.C.
402 note), and to the Department of Defense Military Re-
tirement Fund, $7,343,640,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the Air
Force on active duty (except members of reserve compo-
nents 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 De-
partment
of
Defense
Military
Retirement
Fund,
$19,784,614,000.
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RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve 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 au-
thorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $2,629,197,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve 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 con-
nection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing re-
serve 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
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10, United States Code; and for payments to the Depart-
ment
of
Defense
Military
Retirement
Fund,
$1,644,823,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title
10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiv-
alent 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,
$466,800,000.
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
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Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f ) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,777,654,000.
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 author-
ized by law; and not to exceed $10,794,000 can be used
for emergencies and extraordinary expenses, to be ex-
pended 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,
$21,021,944,000: Provided, That of the funds made avail-
able 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 im-
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provements 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 conven-
tional 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 pur-
poses, $26,628,075,000.
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, $2,939,434,000.
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 ex-
pended on the approval or authority of the Secretary of
the Air Force, and payments may be made on his certifi-
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cate
of
necessity
for
confidential
military
purposes,
$25,842,968,000: Provided, That notwithstanding any
other provision of law, that of the funds available under
this heading, $750,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial
College for the purpose of funding minority aviation train-
ing.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses, not otherwise provided for, necessary
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military
departments), as authorized by law, $12,122,590,000, 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 extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential mili-
tary 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 Run,
Pennsylvania, to support the Youth Development and
Leadership
program
and
Department
of
Defense
STARBASE program: Provided further, That of the funds
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made available in this paragraph, $1,500,000 shall be
available only for continuation of the Middle East Re-
gional Security Issues program: Provided further, That
none of the funds appropriated or otherwise made avail-
able 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 head-
quarters of one of the Armed Forces into a legislative af-
fairs or legislative liaison office.
OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $1,788,546,000.
OPERATION AND MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
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cruiting; procurement of services, supplies, and equip-
ment; 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, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equip-
ment; 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, or-
ganization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,029,866,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL
GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, and repairs to struc-
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tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and
equipment (including aircraft), $3,723,759,000.
OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, op-
eration, repair, and other necessary expenses of facilities
for the training and administration of the Air National
Guard, including repair of facilities, maintenance, oper-
ation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, mate-
rials, and equipment, as authorized by law for the Air Na-
tional 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
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(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 regula-
tions when specifically authorized by the Chief, National
Guard Bureau, $3,972,161,000.
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For expenses directly relating to Overseas Contin-
gency
Operations
by
United
States
military
forces,
$2,744,226,000, to remain available until expended: Pro-
vided, That the Secretary of Defense may transfer these
funds only to military personnel accounts; operation and
maintenance accounts within this title; the Defense Health
Program appropriation; procurement accounts; research,
development, test and evaluation accounts; and to working
capital funds: Provided further, That the funds transferred
shall be merged with and shall be available for the same
purposes and for the same time period, as the appropria-
tion 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
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authority provided in this paragraph is in addition to any
other transfer authority contained elsewhere in this Act.
UNITED STATES COURT OF APPEALS FOR THE ARMED
FORCES
For salaries and expenses necessary for the United
States
Court
of
Appeals
for
the
Armed
Forces,
$9,096,000, of which not to exceed $2,500 can be used
for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Army, $389,800,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion 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.
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ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $257,517,000, to
remain available until transferred: Provided, That the Sec-
retary of the Navy shall, upon determining that such
funds are required for environmental restoration, reduc-
tion 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, re-
duction and recycling of hazardous waste, removal of un-
safe buildings and debris of the Department of the Air
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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 deter-
mination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided 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 re-
main available until transferred: Provided, That the Sec-
retary 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 appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the
funds transferred from this appropriation are not nec-
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essary 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, $190,255,000, to
remain available until transferred: Provided, That the Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Depart-
ment 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: Pro-
vided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
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 sec-
tions 401, 402, 404, 2547, and 2551 of title 10, United
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States Code), $49,700,000, to remain available until Sep-
tember 30, 2003.
SUPPORT FOR INTERNATIONAL SPORTING
COMPETITIONS, DEFENSE
For logistical and security support for international
sporting competitions (including pay and non-travel re-
lated allowances only for members of the Reserve Compo-
nents 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, modifica-
tion, 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, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
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foregoing purposes, $1,974,241,000, to remain available
for obligation until September 30, 2004.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, 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, ap-
pliances, 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, $1,057,409,000, 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 acces-
sories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
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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 there-
for; 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 pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,103,036,000, to remain available for obligation until
September 30, 2004.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
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equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests 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 Govern-
ment
and
contractor-owned
equipment
layaway,
$8,084,543,000, to remain available for obligation until
September 30, 2004.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, 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 con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway, $1,429,492,000, to remain available for obliga-
tion until September 30, 2004.
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PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, 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, $492,599,000, to remain avail-
able for obligation until September 30, 2004.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of
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public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title, as follows:
Carrier
Replacement
Program
(AP),
$138,890,000;
SSGN (AP), $549,440,000;
Virginia Class Submarine, $1,578,914,000;
Virginia Class Submarine (AP), $684,288,000;
CVN Refueling Overhauls, $1,175,124,000;
CVN Refueling Overhauls (AP), $73,707,000;
Submarine Refueling Overhauls, $382,265,000;
Submarine
Refueling
Overhauls
(AP),
$77,750,000;
DDG–51, $3,786,036,000;
LPD–17 (AP), $286,330,000;
ADC(X), $370,818,000;
Outfitting, $297,230,000;
LCAC SLEP, $46,091,000;
Completion of Prior Year Ship Building Pro-
grams, $680,000,000;
Mine Hunter SWATH, $2,000,000;
Yard Oilers, $6,000,000;
In all: $10,134,883,000, to remain available for obligation
until September 30, 2006: Provided, That additional obli-
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gations 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 ship-
yards 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 35 passenger motor vehicles for replace-
ment only; and the purchase of 2 vehicles required for
physical security of personnel, notwithstanding price limi-
tations applicable to passenger vehicles but not to exceed
$230,000 per vehicle; expansion of public and private
plants, including the land necessary therefor, and such
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
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and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway, $4,290,776,000, to remain available for obliga-
tion until September 30, 2004.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manu-
facture, 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; ve-
hicles 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, $1,028,662,000, to re-
main available for obligation until September 30, 2004.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training de-
vices, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, Gov-
ernment-owned equipment and installation thereof in such
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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 Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes in-
cluding
rents
and
transportation
of
things,
$10,549,798,000, 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, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and in-
stallation 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, $2,918,118,000, to remain available for obligation
until September 30, 2004.
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PROCUREMENT OF AMMUNITION, AIR FORCE
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $866,844,000, to remain avail-
able for obligation until September 30, 2004.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment),
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of not to exceed 216 pas-
senger motor vehicles for replacement only; and the pur-
chase of 3 vehicles required for physical security of per-
sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $230,000 per vehicle;
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lease of passenger motor vehicles; and expansion of public
and private plants, Government-owned equipment and in-
stallation 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, $7,856,671,000, to remain available
for obligation until September 30, 2004.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments)
necessary for procurement, production, and modification
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of not to ex-
ceed 65 passenger motor vehicles for replacement only; the
purchase of 4 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $250,000 per vehicle;
expansion of public and private plants, equipment, and in-
stallation 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
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equipment layaway, $1,387,283,000, 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 Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and
2093), $50,000,000, to remain available until expended.
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,
$501,485,000, to remain available for obligation until Sep-
tember 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 Na-
tional Guard component: Provided further, That of the
funds appropriated under this heading, $131,176,000
shall be available only for the procurement of eight UH–
60 helicopters for the Army Reserve, and $226,909,000
shall be available only for the procurement of C–130J air-
craft to be used solely for western states firefighting.
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TITLE IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $7,115,438,000, to remain avail-
able for obligation until September 30, 2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $10,896,307,000, to remain avail-
able for obligation until September 30, 2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $14,884,058,000, to remain avail-
able for obligation until September 30, 2003.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments),
necessary for basic and applied scientific research, devel-
opment, 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,
$6,949,098,000, 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 oper-
ational 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, $245,355,000, to remain available
for obligation until September 30, 2003.
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TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For
the
Defense
Working
Capital
Funds,
$1,524,986,000: 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 Secu-
rity Service.
NATIONAL DEFENSE SEALIFT FUND
For
National
Defense
Sealift
Fund
programs,
projects, and activities, and for expenses of the National
Defense Reserve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),
and for the necessary expenses to maintain and preserve
a U.S.-flag merchant fleet to serve the national security
needs of the United States, $412,708,000, to remain avail-
able until expended: Provided, That none of the funds pro-
vided in this paragraph shall be used to award a new con-
tract that provides for the acquisition of any of the fol-
lowing 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
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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 procure-
ment may waive the restrictions in the first proviso on
a case-by-case basis by certifying in writing to the Com-
mittees 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 pur-
poses.
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,
$18,277,403,000,
of
which
$17,574,750,000 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 re-
main available for obligation until September 30, 2004,
shall be for Procurement; of which $434,738,000, to re-
main available for obligation until September 30, 2003,
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shall be for Research, development, test and evaluation,
and of which $20,000,000 shall be available for HIV pre-
vention educational activities undertaken in connection
with U.S. military training, exercises, and humanitarian
assistance activities conducted in African nations.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
ARMY
For expenses, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not
in the chemical weapon stockpile, $1,093,057,000, of
which $728,520,000 shall be for Operation and mainte-
nance to remain available until September 30, 2003,
$164,158,000 shall be for Procurement to remain avail-
able until September 30, 2004, and $200,379,000 shall
be for Research, development, test and evaluation to re-
main available until September 30, 2003: Provided, That
of the funds available under this heading, $1,000,000 shall
be available until expended each year only for a Johnston
Atoll off-island leave program: Provided further, That the
Secretaries concerned shall, pursuant to uniform regula-
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tions, prescribe travel and transportation allowances for
travel by participants in the off-island leave program.
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 Op-
eration and maintenance; for Procurement; and for Re-
search, development, test and evaluation, $827,381,000:
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 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 In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $152,021,000,
of which $150,221,000 shall be for Operation and mainte-
nance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on
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the approval or authority of the Inspector General, and
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and
of which $1,800,000 to remain available until September
30, 2004, shall be for Procurement.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Re-
tirement 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 Commu-
nity
Management
Account,
$144,929,000,
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, $34,100,000 shall be transferred to the Depart-
ment of Justice for the National Drug Intelligence Center
to support the Department of Defense’s counter-drug in-
telligence
responsibilities,
and
of
the
said
amount,
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$1,500,000 for Procurement shall remain available until
September 30, 2004, and $1,000,000 for Research, devel-
opment, 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 en-
forcement authorities to conduct document exploitation of
materials collected in Federal, State, and local law en-
forcement activity.
PAYMENT TO KAHO’OLAWE ISLAND CONVEYANCE, RE-
MEDIATION,
AND ENVIRONMENTAL RESTORATION
FUND
For payment to Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Fund, as au-
thorized by law, $25,000,000, 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
Education Trust Fund, to remain available until ex-
pended.
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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.
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
computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percent-
age 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 De-
fense foreign service national employees serving at United
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall
not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
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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 appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the
last 2 months of the fiscal year: Provided, That this sec-
tion 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 inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $2,500,000,000
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 con-
struction) 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 re-
quirements, than those for which originally appropriated
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and in no case where the item for which funds are re-
quested 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 pre-
pare or present a request to the Committees on Appropria-
tions for reprogramming of funds, 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 reprogramming is requested
has been denied by the Congress.
(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 disburse-
ments to be made from such funds: Provided, That trans-
fers 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’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of
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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 Sec-
retary 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, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear
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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 sys-
tems 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 author-
ity shall require the use of a present value analysis to de-
termine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be
used for a C–17 multiyear procurement contract.
SEC. 8009. Within the funds appropriated for the op-
eration 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 chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported to the Congress as of September
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30 of each year: Provided, That funds available for oper-
ation and maintenance shall be available for providing hu-
manitarian 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 serv-
ices 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 man-
aged on the basis of any end-strength, and the manage-
ment 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 De-
partment of Defense as well as all justification material
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and other documentation supporting the fiscal year 2003
Department of Defense budget request shall be prepared
and submitted to the Congress as if subsections (a) and
(b) of this provision were effective with regard to fiscal
year 2003.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. Notwithstanding any other provision of
law, none of the funds made available by this Act shall
be used by the Department of Defense to exceed, outside
the 50 United States, its territories, and the District of
Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Per-
sonnel Manual: Provided further, That workyears ex-
pended in dependent student hiring programs for dis-
advantaged 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 stu-
dent and receiving benefits paid by the Secretary of Vet-
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erans 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: Pro-
vided, That this subsection shall not apply to those mem-
bers 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 per-
formed by more than 10 Department of Defense civilian
employees until a most efficient and cost-effective organi-
zation 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 com-
mercial or industrial type function of the Department of
Defense that: (1) is included on the procurement list es-
tablished 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 per-
formance by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely handi-
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capped 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 Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a
Mentor-Protege
Program
developmental
assistance
agreement pursuant to section 831 of the National De-
fense 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 substan-
tially manufactured in the United States: Provided, That
for the purpose of this section manufactured will include
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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 sub-
stantially 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 compo-
nents produced or manufactured in the United States ex-
ceeds 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 pro-
curement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations 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 re-
ceived when a patient is referred to a provider of inpatient
mental health care or residential treatment care by a med-
ical or health care professional having an economic inter-
est in the facility to which the patient is referred: Pro-
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vided, That this limitation does not apply in the case of
inpatient mental health services provided under the pro-
gram 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 au-
thorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are con-
firmed by a health professional who is not a Federal em-
ployee 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 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 De-
fense may, by executive agreement, establish with host na-
tion governments in NATO member states a separate ac-
count 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
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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 trans-
fers to such host nations: Provided further, That the De-
partment of Defense’s budget submission for fiscal year
2003 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property
maintenance or base operating costs that shall be funded
by the host nation through such credits: Provided further,
That all military construction projects to be executed from
such accounts must be previously approved in a prior Act
of Congress: Provided further, That each such executive
agreement with a NATO member host nation shall be re-
ported to the congressional defense committees, the Com-
mittee on International Relations of the House of Rep-
resentatives and the Committee on Foreign Relations of
the Senate 30 days prior to the conclusion and endorse-
ment of any such agreement established under this provi-
sion.
SEC. 8020. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
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pose 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 ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government.
SEC. 8022. In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive 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 con-
tractor for the purposes of being allowed additional com-
pensation under section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544).
SEC. 8023. During the current fiscal year, funds ap-
propriated or otherwise available for any Federal agency,
the Congress, the judicial branch, or the District of Co-
lumbia 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 gov-
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ernment of the District of Columbia, permanent or tem-
porary 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 mili-
tary 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 Common-
wealth of Puerto Rico, or a territory of the
United States; and
(3) requests and is granted—
(A) leave under the authority of this sec-
tion; or
(B) annual leave, which may be granted
without regard to the provisions of sections
5519 and 6323(b) of title 5, United States
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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 pro-
visions 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-func-
tion 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 ac-
tivities.
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 Vet-
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erans Affairs by section 7455 of title 38, United States
Code.
SEC. 8027. None of the funds appropriated or made
available in this Act shall be used to reduce or disestablish
the operation of the 53rd Weather Reconnaissance Squad-
ron of the Air Force Reserve, if such action would reduce
the WC–130 Weather Reconnaissance mission below the
levels funded in this Act.
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 handi-
capped shall be afforded the maximum practicable oppor-
tunity to participate as subcontractors and suppliers in the
performance of contracts let by the Department of De-
fense.
(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 ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
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capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee 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 re-
ceipts pursuant to collections from third party payers pur-
suant 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 De-
partment of Defense is authorized to incur obligations of
not to exceed $350,000,000 for purposes specified in sec-
tion 2350j(c) of title 10, United States Code, in anticipa-
tion of receipt of contributions, only from the Government
of Kuwait, under that section: Provided, That upon re-
ceipt, such contributions from the Government of Kuwait
shall be credited to the appropriations or fund which in-
curred such obligations.
SEC. 8031. Of the funds made available in this Act,
not less than $21,417,000 shall be available for the Civil
Air Patrol Corporation, of which $19,417,000 shall be
available for Civil Air Patrol Corporation operation and
maintenance to support readiness activities which includes
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$2,000,000 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 De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration 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 com-
pensated for his or her services as a member of such enti-
ty, 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 Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties.
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(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 construc-
tion 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 6,477 staff years of technical effort
(staff years) may be funded for defense FFRDCs: Pro-
vided, 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 submis-
sion 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.
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 fa-
cility or property under the control of the Department of
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Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
strictions 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: Pro-
vided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enact-
ment 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 Sub-
committee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representa-
tives.
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SEC. 8035. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot
maintenance and repair of aircraft, vehicles and vessels
as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or defense agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, 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 Amer-
ican Act with respect to such types of products produced
in that foreign country.
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(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 2002. Such
report shall separately indicate the dollar value of items
for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy
American Act’’ means title III of the Act entitled ‘‘An Act
making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934,
and for other purposes’’, approved March 3, 1933 (41
U.S.C. 10a et seq.).
SEC. 8037. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the
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next fiscal year to the extent, and for the purposes, pro-
vided in section 2865 of title 10, United States Code.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8038. Amounts deposited during the current fis-
cal 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
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 appro-
priation to which transferred.
SEC. 8039. The President shall include with each
budget for a fiscal year submitted to the Congress under
section 1105 of title 31, United States Code, materials
that shall identify clearly and separately the amounts re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the defense agencies.
SEC. 8040. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
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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 sec-
tion 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: Provided, That none of the
funds made available for expenditure under this section
may be transferred or obligated until 30 days after the
Secretary of Defense submits a report which details the
balance available in the Overseas Military Facility Invest-
ment Recovery Account, all projected income into the ac-
count during fiscal years 2002 and 2003, and the specific
expenditures to be made using funds transferred from this
account during fiscal year 2002.
SEC. 8042. Of the funds appropriated or otherwise
made available by this Act, not more than $119,200,000
shall be available for payment of the operating costs of
NATO Headquarters: Provided, That the Secretary of De-
fense may waive this section for Department of Defense
support provided to NATO forces in and around the
former Yugoslavia.
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SEC. 8043. During the current fiscal year, appropria-
tions which are available to the Department of Defense
for operation and maintenance may be used to purchase
items having an investment item unit cost of not more
than $100,000: Provided, That the $100,000 limitation
shall not apply to amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for expenses related to certain classified activities.
SEC. 8044. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing 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 De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2003
Department of Defense budget shall be prepared and sub-
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mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement 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 Sep-
tember 30, 2003: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund
during this or any prior or subsequent fiscal year shall
remain available until expended: Provided further, That
any funds appropriated or transferred to the Central Intel-
ligence Agency for agent operations (regional operations),
and for covert action programs authorized by the Presi-
dent under section 503 of the National Security Act of
1947, as amended, shall remain available until September
30, 2003.
SEC. 8046. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
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telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
SEC. 8047. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, 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 in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8048. Amounts collected for the use of the fa-
cilities of the National Science Center for Communications
and Electronics during the current fiscal year pursuant
to section 1459(g) of the Department of Defense Author-
ization Act, 1986, and deposited to the special account es-
tablished under subsection 1459(g)(2) of that Act are ap-
propriated and shall be available until expended for the
operation and maintenance of the Center as provided for
in subsection 1459(g)(2).
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SEC. 8049. None of the funds appropriated in this
Act may be used to fill the commander’s position at any
military medical facility with a health care professional
unless the prospective candidate can demonstrate profes-
sional administrative skills.
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, com-
plies 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 per-
son 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, wheth-
er the person should be debarred from contracting with
the Department of Defense.
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
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ment 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 sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
new product or idea of a specific concern is given fi-
nancial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
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improvements of equipment that is in development or pro-
duction, 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 depart-
ment who is transferred or reassigned from a head-
quarters 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 mili-
tary 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.
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SEC. 8053. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2002 until the enactment of the Intelligence Author-
ization Act for Fiscal Year 2002.
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 prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other pur-
poses: 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 here-
by rescinded from the following accounts and programs
in the specified amounts:
‘‘Former Soviet Union Threat Reduction, 2000/
2002’’, $32,000,000;
‘‘Other
Procurement,
Navy,
2000/2002’’,
$16,300,000;
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‘‘Aircraft Procurement, Air Force, 2000/2002’’,
$8,500,000;
‘‘Other Procurement, Air Force, 2000/2002’’,
$20,000,000;
‘‘Former Soviet Union Threat Reduction, 2001/
2003’’, $32,000,000;
‘‘Aircraft
Procurement,
Army,
2001/2003’’,
$22,000,000;
‘‘Procurement of Ammunition, Army, 2001/
2003’’, $27,400,000;
‘‘Other
Procurement,
Army,
2001/2003’’,
$28,745,000;
‘‘Aircraft
Procurement,
Navy,
2001/2003’’,
$8,600,000;
‘‘Weapons
Procurement,
Navy,
2001/2003’’,
$35,000,000;
‘‘Other
Procurement,
Navy,
2001/2003’’,
$14,600,000;
‘‘Procurement,
Marine
Corps,
2001/2003’’,
$1,000,000;
‘‘Aircraft Procurement, Air Force, 2001/2003’’,
$19,300,000;
‘‘Procurement of Ammunition, Air Force, 2001/
2003’’, $5,800,000;
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‘‘Other Procurement, Air Force, 2001/2003’’,
$16,800,000;
‘‘Research, Development, Test and Evaluation,
Army, 2001/2002’’, $16,300,000;
‘‘Research, Development, Test and Evaluation,
Navy, 2001/2002’’, $58,800,000;
‘‘Research, Development, Test and Evaluation,
Air Force, 2001/2002’’, $74,433,000; and
‘‘Defense
Health
Program,
2001/2002’’,
$4,000,000.
SEC. 8056. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard,
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed 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 other-
wise made available in this Act may be obligated or ex-
pended 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 ap-
propriated in this Act are available to compensate mem-
HR 3338 PP
bers 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 perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, 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 oper-
ation and maintenance of the Military Departments, Com-
batant 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 coun-
terintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National For-
eign Intelligence Program (NFIP), the Joint Military In-
telligence Program (JMIP), and the Tactical Intelligence
and Related Activities (TIARA) aggregate: Provided, That
nothing in this section authorizes deviation from estab-
lished Reserve and National Guard personnel and training
procedures.
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SEC. 8060. 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 as-
signed to military treatment facilities below the September
30, 2001 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength
reductions may be consistent with responsible resource
stewardship and capitation-based budgeting.
SEC. 8061. (a) LIMITATION ON PENTAGON RENOVA-
TION COSTS.—Not later than the date each year on which
the President submits to Congress the budget under sec-
tion 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, construction, 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, de-
sign, construction, and installation of equipment for the
renovation of wedge 1.
(b) ANNUAL ADJUSTMENT.—For purposes of apply-
ing the limitation in subsection (a), the Secretary shall
adjust the cost for the renovation of wedge 1 by any in-
crease or decrease in costs attributable to economic infla-
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tion, 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 September 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 addi-
tional security requirements that the Secretary of
Defense considers essential to provide a safe and se-
cure working environment.
(d) CERTIFICATION COST REPORTS.—As part of the
annual certification under subsection (a), the Secretary
shall report the projected cost (as of the time of the certifi-
cation) 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)
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of subsection (c) for the period covered by the cer-
tification; and
(2) the repair and reconstruction of wedges 1
and 2 in response to the terrorist attack on the Pen-
tagon that occurred on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—
The requirement 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. 8062. (a) None of the funds available to the
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence 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 trans-
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ferred 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 pe-
riod, as the appropriation or fund to which transferred.
SEC. 8064. 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: Provided, That the Secretary of
the military department responsible for such procurement
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability 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
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supplies and equipment, on a nonreimbursable basis, to
American Samoa, and funds available to the Department
of Defense shall be made available to provide transpor-
tation 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. 8066. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense 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 avail-
able from United States manufacturers.
SEC. 8067. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eli-
gible to participate in any manufacturing extension pro-
gram 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 unemploy-
ment rate in excess of the national average rate of unem-