8ae6c2255f1d751713c0c2a1f211d8be6d7301e3a7a6a34f7b50ece4cd3d4526

be used for publicity or propaganda purposes not authorized by the
Congress.

31f9b22b03d0bdca74dcd887a4559147afb91d59b030a9fed7240f0989edcabb

prohibiting the payment of compensation to, or employment of, any
person not a citizen of the United States shall not apply to personnel
of the Department of Defense: Provided, That salary increases granted
to direct and indirect hire foreign national employees of the
Department of Defense funded by this Act shall not be at a rate in
excess of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or at a rate
in excess of the percentage increase provided by the appropriate host
nation to its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of Defense foreign
service national employees serving at United States diplomatic missions
whose pay is set by the Department of State under the Foreign Service
Act of 1980: Provided further, That the limitations of this provision
shall not apply to foreign national employees of the Department of
Defense in the Republic of Turkey.

7fe23254d090ec2a32d29678b6c5c37fc2662939b8315b0146714cf2635e8a62

remain available for obligation beyond the current fiscal year, unless
expressly so provided herein.

943d307e291a2ca062101d1518191037076fc81235815b7d4cd028c16624801e

Act which are limited for obligation during the current fiscal year
shall be obligated during the last 2 months of the fiscal year:
Provided, That this section shall not apply to obligations for support
of active duty training of reserve components or summer camp training
of the Reserve Officers' Training Corps.
(transfer of funds)

2982c2abf75dcf49b3f38ede1994f5794e46f7363d00671022b5eb44920120d0

action is necessary in the national interest, he may, with the approval
of the Office of Management and Budget, transfer not to exceed
$2,000,000,000 of working capital funds of the Department of Defense or
funds made available in this Act to the Department of Defense for
military functions (except military construction) between such
appropriations or funds or any subdivision thereof, to be merged with
and to be available for the same purposes, and for the same time
period, as the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless for higher
priority items, based on unforeseen military requirements, than those
for which originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress: Provided
further, That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority or any other
authority in this Act: Provided further, That no part of the funds in
this Act shall be available to prepare or present a request to the
Committees on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the item
for which reprogramming is requested has been denied by the Congress:
Provided further, That a request for multiple reprogrammings of funds
using authority provided in this section must be made prior to May 1,
2002.
(transfer of funds)

80e3e6200733edf1080d8c10c4ef6a6bc426d53d886e8f4c1ee617de05516962

capital funds of the Department of Defense established pursuant to
section 2208 of title 10, United States Code, may be maintained in only
such amounts as are necessary at any time for cash disbursements to be
made from such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between working
capital funds and the ``Foreign Currency Fluctuations, Defense''
appropriation and the ``Operation and Maintenance'' appropriation
accounts in such amounts as may be determined by the Secretary of
Defense, with the approval of the Office of Management and Budget,
except that such transfers may not be made unless the Secretary of
Defense has notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital funds in
this Act, no obligations may be made against a working capital fund to
procure or increase the value of war reserve material inventory, unless
the Secretary of Defense has notified the Congress prior to any such
obligation.

42b368cb663d12cbc7f0f7cdf6d4d1c80de5ece1ccde80ad759458db6c2e600e

initiate a special access program without prior notification 30
calendar days in session in advance to the congressional defense
committees.

ba697655c9b7b569a3ae722df25ca0835ebcab7620a4acde3e84cd2acde65d66

available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any 1 year of
the contract or that includes an unfunded contingent liability in
excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, unless the
congressional defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no part of any
appropriation contained in this Act shall be available to initiate a
multiyear contract for which the economic order quantity advance
procurement is not funded at least to the limits of the Government's
liability: Provided further, That no part of any appropriation
contained in this Act shall be available to initiate multiyear
procurement contracts for any systems or component thereof if the value
of the multiyear contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear procurement
contract can be terminated without 10-day prior notification to the
congressional defense committees: Provided further, That the execution
of multiyear authority shall require the use of a present value
analysis to determine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
UH-60/CH-60 aircraft;
C-17; and
F/A-18E and F engine.

71aeafe245380c85d4a01fc9a4f5f6734eb62a38c51550012de80c0b97ee0823

maintenance of the Armed Forces, funds are hereby appropriated pursuant
to section 401 of title 10, United States Code, for humanitarian and
civic assistance costs under chapter 20 of title 10, United States
Code. Such funds may also be obligated for humanitarian and civic
assistance costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10, United
States Code, and these obligations shall be reported to the Congress as
of September 30 of each year: Provided, That funds available for
operation and maintenance shall be available for providing humanitarian
and similar assistance by using Civic Action Teams in the Trust
Territories of the Pacific Islands and freely associated states of
Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99-239: Provided further, That upon a determination by
the Secretary of the Army that such action is beneficial for graduate
medical education programs conducted at Army medical facilities located
in Hawaii, the Secretary of the Army may authorize the provision of
medical services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

e297ba37581b7a6abe872a69ae2b4a2afc72ba3807a0a9d75f872f58fdc70628

the Department of Defense may not be managed on the basis of any end-
strength, and the management of such personnel during that fiscal year
shall not be subject to any constraint or limitation (known as an end-
strength) on the number of such personnel who may be employed on the
last day of such fiscal year.
(b) The fiscal year 2003 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 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.

6a031bf634be57f4216b2ae01c2d80ba1ecb099673c32e9722da12a71feb3030

funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Personnel Manual:
Provided further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in this
workyear limitation.

409eca2c92564abbbe73e1ae054556621fd21be30ec5c21d539f08c8cdf7cb5c

used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.

6508d47dd037902d5b7f5c3777632959eb01a5759e6fe8653a14d6494bddf105

available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this subsection
shall not apply to those members who have reenlisted with this option
prior to October 1, 1987: Provided further, That this subsection
applies only to active components of the Army.

094ffd5eb63896b1c34610743b4cc7a2431d7d5e26ab5a66f7d69c6d917a3532

available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by more than 10 Department of
Defense civilian employees until a most efficient and cost-effective
organization analysis is completed on such activity or function and
certification of the analysis is made to the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That this section and subsections (a), (b), and (c) of 10
U.S.C. 2461 shall not apply to a commercial or industrial type function
of the Department of Defense that: (1) is included on the procurement
list established pursuant to section 2 of the Act of June 25, 1938 (41
U.S.C. 47), popularly referred to as the Javits-Wagner-O'Day Act; (2)
is planned to be converted to performance by a qualified nonprofit
agency for the blind or by a qualified nonprofit agency for other
severely handicapped individuals in accordance with that Act; or (3) is
planned to be converted to performance by a qualified firm under 51
percent ownership by an Indian tribe, as defined in section 450b(e) of
title 25, United States Code, or a Native Hawaiian organization, as
defined in section 637(a)(15) of title 15, United States Code.
(transfer of funds)

0943168d3d6f42182dfb0e0cbc96a0dfd5f8135dfa1659e87425dbdceeacf323

Department of Defense Pilot Mentor-Protege Program may be transferred
to any other appropriation contained in this Act solely for the purpose
of implementing a Mentor-Protege Program developmental assistance
agreement pursuant to section 831 of the National Defense Authorization
Act for Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note), as
amended, under the authority of this provision or any other transfer
authority contained in this Act.

ec079bc3f131e6314c8dac42039aae0024efcec2204a5f0ea9b5ffc70ffaa879

purchase by the Department of Defense (and its departments and
agencies) of welded shipboard anchor and mooring chain 4 inches in
diameter and under unless the anchor and mooring chain are manufactured
in the United States from components which are substantially
manufactured in the United States: Provided, That for the purpose of
this section manufactured will include cutting, heat treating, quality
control, testing of chain and welding (including the forging and shot
blasting process): Provided further, That for the purpose of this
section substantially all of the components of anchor and mooring chain
shall be considered to be produced or manufactured in the United States
if the aggregate cost of the components produced or manufactured in the
United States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That when
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations that such an acquisition must be made in order to
acquire capability for national security purposes.

49b42902f47eeadbb90eb28870909b6e6bb6378df80d13f678932323b6d497bf

the Civilian Health and Medical Program of the Uniformed Services
(CHAMPUS) or TRICARE shall be available for the reimbursement of any
health care provider for inpatient mental health service for care
received when a patient is referred to a provider of inpatient mental
health care or residential treatment care by a medical or health care
professional having an economic interest in the facility to which the
patient is referred: Provided, That this limitation does not apply in
the case of inpatient mental health services provided under the program
for persons with disabilities under subsection (d) of section 1079 of
title 10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of Defense
because of medical or psychological circumstances of the patient that
are confirmed by a health professional who is not a Federal employee
after a review, pursuant to rules prescribed by the Secretary, which
takes into account the appropriate level of care for the patient, the
intensity of services required by the patient, and the availability of
that care.

375abca76720567408be882d53c6966c167755d4f881f5338b2c8e54ac97cb3e

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.

3ddec44f0eb53b528ee88fc517e98c0335b6c43ace11e119643168a70d52d894

current fiscal year, the Secretary of Defense may, by executive
agreement, establish with host nation governments in NATO member states
a separate account into which such residual value amounts negotiated in
the return of United States military installations in NATO member
states may be deposited, in the currency of the host nation, in lieu of
direct monetary transfers to the United States Treasury: Provided, That
such credits may be utilized only for the construction of facilities to
support United States military forces in that host nation, or such real
property maintenance and base operating costs that are currently
executed through monetary transfers to such host nations: Provided
further, That the Department of Defense's budget submission for fiscal
year 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 reported to the
congressional defense committees, the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate 30 days prior to the conclusion and endorsement
of any such agreement established under this provision.

066f51b782bc1aed3699374ae09d61d78b55b57a9070e7eced4a6619bbba74c5

may be used to demilitarize or dispose of M-1 Carbines, M-1 Garand
rifles, M-14 rifles, .22 caliber rifles, .30 caliber rifles, or M-1911
pistols.

beabd1df941577643fe4da545627eee928cbbe88c2956d32b1b5aa36ef5ccd97

available in this Act shall be used during a single fiscal year for any
single relocation of an organization, unit, activity or function of the
Department of Defense into or within the National Capital Region:
Provided, That the Secretary of Defense may waive this restriction on a
case-by-case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the best
interest of the Government.

ae32493e7f0236b3815b734855ad5d8443b814264b836310d7c8d41ae7fdbcb6

$8,000,000 is appropriated only for incentive payments authorized by
section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544):
Provided, That a subcontractor at any tier shall be considered a
contractor for the purposes of being allowed additional compensation
under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544).

13df002f070c3135cb53fd541bc93c0b4f8913675e4c7903f6814998835eb55e

appropriated or otherwise available for any Federal agency, the
Congress, the judicial branch, or the District of Columbia may be used
for the pay, allowances, and benefits of an employee as defined by
section 2105 of title 5, United States Code, or an individual employed
by the government of the District of Columbia, permanent or temporary
indefinite, who--
(1) is a member of a Reserve component of the Armed Forces, as
described in section 10101 of title 10, United States Code, or the
National Guard, as described in section 101 of title 32, United
States Code;
(2) performs, for the purpose of providing military aid to
enforce the law or providing assistance to civil authorities in the
protection or saving of life or property or prevention of injury--
(A) Federal service under sections 331, 332, 333, or 12406
of title 10, United States Code, or other provision of law, as
applicable; or
(B) full-time military service for his or her State, the
District of Columbia, the Commonwealth of Puerto Rico, or a
territory of the United States; and
(3) requests and is granted--
(A) leave under the authority of this section; or
(B) annual leave, which may be granted without regard to
the provisions of sections 5519 and 6323(b) of title 5, United
States Code, if such employee is otherwise entitled to such
annual leave:
Provided, That any employee who requests leave under subsection (3)(A)
for service described in subsection (2) of this section is entitled to
such leave, subject to the provisions of this section and of the last
sentence of section 6323(b) of title 5, United States Code, and such
leave shall be considered leave under section 6323(b) of title 5,
United States Code.

e1f45311b2d534714d73bf87a01fe3f5a655bfc069b84b84ff1dc7a700b697de

available to perform any cost study pursuant to the provisions of OMB
Circular A-76 if the study being performed exceeds a period of 24
months after initiation of such study with respect to a single function
activity or 48 months after initiation of such study for a multi-
function activity.

df85b4de9e39e8aa39ed7e0631fe4d6fb3ed275c38f46c3e6addcc960236e3cc

Information Service shall not be used for any national or international
political or psychological activities.

88c749626b5eea4e7a98b685262160e62423ed8b5bb86acedd33f65d1a96e5a1

regulation, the Secretary of Defense may adjust wage rates for civilian
employees hired for certain health care occupations as authorized for
the Secretary of Veterans Affairs by section 7455 of title 38, United
States Code.

d5c07b5adea07b525535ae5ef768e03b1687cb6a2cc0f5d859c35269fee7d084

$55,000,000 shall be available to maintain an attrition reserve force
of 18 B-52 aircraft, of which $3,300,000 shall be available from
``Military Personnel, Air Force'', $37,400,000 shall be available from
``Operation and Maintenance, Air Force'', and $14,300,000 shall be
available from ``Aircraft Procurement, Air Force'': Provided, That the
Secretary of the Air Force shall maintain a total force of 94 B-52
aircraft, including 18 attrition reserve aircraft, during fiscal year
2002: Provided further, That the Secretary of Defense shall include in
the Air Force budget request for fiscal year 2003 amounts sufficient to
maintain a B-52 force totaling 94 aircraft.

294c6e299904856d0383364806153cc042bea6ccf10f7337e7f262d64b0d5896

services appropriated by this Act, qualified nonprofit agencies for the
blind or other severely handicapped shall be afforded the maximum
practicable opportunity to participate as subcontractors and suppliers
in the performance of contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern which has
negotiated with a military service or defense agency a subcontracting
plan for the participation by small business concerns pursuant to
section 8(d) of the Small Business Act (15 U.S.C. 637(d)) shall be
given credit toward meeting that subcontracting goal for any purchases
made from qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely handicapped'' means a
nonprofit agency for the blind or other severely handicapped that has
been approved by the Committee for the Purchase from the Blind and
Other Severely Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C.
46-48).

3bd84b7d96566724d42ba08fea117f836a39afa624cf7c03a83a4a586d6898c7

collections from third party payers pursuant to section 1095 of title
10, United States Code, shall be made available to the local facility
of the uniformed services responsible for the collections and shall be
over and above the facility's direct budget amount.

e2e3c0579084b4c1db1e6fbec63a9266a5a3ac4f8c18345764991920b3bd67cf

Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided, That upon
receipt, such contributions from the Government of Kuwait shall be
credited to the appropriations or fund which incurred such obligations.

896e8f0d694da17d9adb2a3e1102b7fdb13911cee03021fb894bda0a34aa1bf9

$23,003,000 shall be available for the Civil Air Patrol Corporation, of
which $21,503,000 shall be available for Civil Air Patrol Corporation
operation and maintenance to support readiness activities which
includes $1,500,000 for the Civil Air Patrol counterdrug program:
Provided, That funds identified for ``Civil Air Patrol'' under this
section are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any unit
thereof.

fc6cd51a7be3ba222e03ef6cb06e9aadf9109edbd213c65faad416f78ea2131d

available to establish a new Department of Defense (department)
federally funded research and development center (FFRDC), either as a
new entity, or as a separate entity administrated by an organization
managing another FFRDC, or as a nonprofit membership corporation
consisting of a consortium of other FFRDCs and other non-profit
entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to any
defense FFRDC, except when acting in a technical advisory capacity, may
be compensated for his or her services as a member of such entity, or
as a paid consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in this
subsection shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in the
performance of membership duties.
(c) Notwithstanding any other provision of law, none of the funds
available to the department from any source during fiscal year 2002 may
be used by a defense FFRDC, through a fee or other payment mechanism,
for construction of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2002, not more than
6,227 staff years of technical effort (staff years) may be funded for
defense FFRDCs: Provided, That of the specific amount referred to
previously in this subsection, not more than 1,029 staff years may be
funded for the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of the
department's fiscal year 2003 budget request, submit a report
presenting the specific amounts of staff years of technical effort to
be allocated for each defense FFRDC during that fiscal year.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced by
$40,000,000.

096634d2cc9e7253aaa8384aec1f8ff63132040e180b7006d508dd9526cea44d

Act shall be used to procure carbon, alloy or armor steel plate for use
in any Government-owned facility or property under the control of the
Department of Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel Institute
(AISI) specifications of carbon, alloy or armor steel plate: Provided
further, That the Secretary of the military department responsible for
the procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That these
restrictions shall not apply to contracts which are in being as of the
date of the enactment of this Act.

d35d9c8a83a78b998fa369b1b651e745469581f666a8a603362c0eaf2b7794e9

defense committees'' means the Armed Services Committee of the House of
Representatives, the Armed Services Committee of the Senate, the
Subcommittee on Defense of the Committee on Appropriations of the
Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.

66f48f17bf8fdaab6d59ecc92aa9568023bafbd48e13d9782962a0f29293bcf1

Defense may acquire the modification, depot maintenance and repair of
aircraft, vehicles and vessels as well as the production of components
and other Defense-related articles, through competition between
Department of Defense depot maintenance activities and private firms:
Provided, That the Senior Acquisition Executive of the military
department or defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of all direct
and indirect costs for both public and private bids: Provided further,
That Office of Management and Budget Circular A-76 shall not apply to
competitions conducted under this section.

f83e4509bd556018a65e9603ecf0f674794edfc19639f55163d364b5461aabde

with the United States Trade Representative, determines that a foreign
country which is party to an agreement described in paragraph (2) has
violated the terms of the agreement by discriminating against certain
types of products produced in the United States that are covered by the
agreement, the Secretary of Defense shall rescind the Secretary's
blanket waiver of the Buy American Act with respect to such types of
products produced in that foreign country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the United
States and a foreign country pursuant to which the Secretary of Defense
has prospectively waived the Buy American Act for certain products in
that country.
(b) The Secretary of Defense shall submit to the Congress a report
on the amount of Department of Defense purchases from foreign entities
in fiscal year 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.).

18e87bd7f31535f1662823395a7b21479369894c6629df3546b3d0f4c75ac80b

available at the end of the current fiscal year as a result of energy
cost savings realized by the Department of Defense shall remain
available for obligation for the next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
(including transfer of funds)

880d53f8ef6f99fd6670d2c2858efcdbcb6b95e648c25d96665f4ae820a3a557

special account established under 40 U.S.C. 485(h)(2) and to the
special account established under 10 U.S.C. 2667(d)(1) are appropriated
and shall be available until transferred by the Secretary of Defense to
current applicable appropriations or funds of the Department of Defense
under the terms and conditions specified by 40 U.S.C. 485(h)(2)(A) and
(B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to be available
for the same time period and the same purposes as the appropriation to
which transferred.

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fiscal year submitted to the Congress under section 1105 of title 31,
United States Code, materials that shall identify clearly and
separately the amounts requested in the budget for appropriation for
that fiscal year for salaries and expenses related to administrative
activities of the Department of Defense, the military departments, and
the defense agencies.

d83c26f7fd2f106c85f144e82b181b5015b598e764f70b6176e47c3bc2a3ce3d

available for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.
(including transfer of funds)

bbc4eff7f0350228b1a5b5f97f6d3bec8f41d3057113a212cc1ed3819ce80ced

Department of Defense Overseas Military Facility Investment Recovery
Account established by section 2921(c)(1) of the National Defense
Authorization Act of 1991 (Public Law 101-510; 10 U.S.C. 2687 note)
shall be available until expended for the payments specified by section
2921(c)(2) of that Act.

21ba956c49dabb98dccba445580b38ff1d686bd96df1d950af87f64b96458685

law, the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States of
North Dakota, South Dakota, Montana, and Minnesota relocatable military
housing units located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
(b) Processing of Requests.--The Secretary of the Air Force shall
convey, at no cost to the Air Force, military housing units under
subsection (a) in accordance with the request for such units that are
submitted to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of North Dakota, South
Dakota, Montana, and Minnesota.
(c) Resolution of Housing Unit Conflicts.--The Operation Walking
Shield program shall resolve any conflicts among requests of Indian
tribes for housing units under subsection (a) before submitting
requests to the Secretary of the Air Force under subsection (b).
(d) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any recognized Indian tribe included on the current list
published by the Secretary of the Interior under section 104 of the
Federally Recognized Indian Tribe Act of 1994 (Public Law 103-454; 108
Stat. 4792; 25 U.S.C. 479a-1).

0c924608600457e11531d9b6bafc7c814889c97f1385bd4f2a7cac5f40e786bf

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.

a6621ed5736b7fca6edaee6c47fb8cbc34fb404b6edde52728f41c47c54db49f

appropriations or funds available to the Department of Defense Working
Capital Funds shall be used for the purchase of an investment item for
the purpose of acquiring a new inventory item for sale or anticipated
sale during the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of Defense
Business Operations Fund during fiscal year 1994 and if the purchase of
such an investment item would be chargeable during the current fiscal
year to appropriations made to the Department of Defense for
procurement.
(b) The fiscal year 2003 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2003 Department of Defense budget shall be
prepared and submitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a procurement
appropriation contained in this Act shall be budgeted for in a proposed
fiscal year 2003 procurement appropriation and not in the supply
management business area or any other area or category of the
Department of Defense Working Capital Funds.

771fe543908ce35b83cd372768a43c7b98938a53ddca1ff150b08ab457ba09d1

of the Central Intelligence Agency shall remain available for
obligation beyond the current fiscal year, except for funds
appropriated for the Reserve for Contingencies, which shall remain
available until September 30, 2003: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended: Provided
further, That any funds appropriated or transferred to the Central
Intelligence Agency for agent operations and for covert action programs
authorized by the President under section 503 of the National Security
Act of 1947, as amended, shall remain available until September 30,
2003.

c4e86b8db55bc05dec61d8f65a314bb7358069bc76c33e0ab8435c75e6e62896

available in this Act for the Defense Intelligence Agency may be used
for the design, development, and deployment of General Defense
Intelligence Program intelligence communications and intelligence
information systems for the Services, the Unified and Specified
Commands, and the component commands.

f32f67dc4242927ccfefdd931bf2233f1d527bf0607a64cce21c4840f0efe761

under the heading ``Operation and Maintenance, Defense-Wide'', not less
than $10,000,000 shall be made available only for the mitigation of
environmental impacts, including training and technical assistance to
tribes, related administrative support, the gathering of information,
documenting of environmental damage, and developing a system for
prioritization of mitigation and cost to complete estimates for
mitigation, on Indian lands resulting from Department of Defense
activities.

21f8d13b5a3c4e16176c8e5551dee4d9d92df96c56672a8bc6137df1643ada68

National Science Center for Communications and Electronics during the
current fiscal year and hereafter pursuant to section 1459(g) of the
Department of Defense Authorization Act, 1986, and deposited to the
special account established under subsection 1459(g)(2) of that Act are
appropriated and shall be available until expended for the operation
and maintenance of the Center as provided for in subsection 1459(g)(2).
(transfer of funds)

971062ef23d081725c80b47605762037f4d52d82a576d4823c51dc5d580f87f1

this Act, $10,000,000 is hereby appropriated to the Department of
Defense: Provided, That at the direction of the Assistant Secretary of
Defense for Reserve Affairs, these funds shall be transferred to the
Reserve component personnel accounts in title I of this Act: Provided
further, That these funds shall be used for incentive and bonus
programs that address the most pressing recruitment and retention
issues in the Reserve components.

35f6ec63ae2b20b3693090c7f4bc777199cf516d1412230de9d059acc4224aa1

expended by an entity of the Department of Defense unless the entity,
in expending the funds, complies with the Buy American Act. For
purposes of this subsection, the term ``Buy American Act'' means title
III of the Act entitled ``An Act making appropriations for the Treasury
and Post Office Departments for the fiscal year ending June 30, 1934,
and for other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person has been
convicted of intentionally affixing a label bearing a ``Made in
America'' inscription to any product sold in or shipped to the United
States that is not made in America, the Secretary shall determine, in
accordance with section 2410f of title 10, United States Code, whether
the person should be debarred from contracting with the Department of
Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress
that any entity of the Department of Defense, in expending the
appropriation, purchase only American-made equipment and products,
provided that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely fashion.

d02d024b3de7c2ab4b34374d6c572982db9058df48b7c8db51b055933a0e1219

available for a contract for studies, analysis, or consulting services
entered into without competition on the basis of an unsolicited
proposal unless the head of the activity responsible for the
procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an unsolicited
proposal which offers significant scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to
which a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such contract is
in the interest of the national defense.

f8f9423ad5c4491a5fdbc1c5449b7557d060fdec06181dc0ca191258bd67600a

of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department
may waive the limitations in subsection (a), on a case-by-case basis,
if the Secretary determines, and certifies to the Committees on
Appropriations of the House of Representatives and Senate that the
granting of the waiver will reduce the personnel requirements or the
financial requirements of the department.
(c) This section does not apply to field operating agencies funded
within the National Foreign Intelligence Program.

68a5252ef7053afdc2eac5d8c871f05b8d0687dde43f49c595b11af916015047

other provision of law, the Secretary of the Navy is authorized to
lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, industrial or other
purposes: Provided, That notwithstanding any other provision of law,
the Secretary of the Navy may remove hazardous materials from
facilities, buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and structures.
(RESCISSIONS)

806a347d0bc453dd1890eabe65a6b08d03754e87013677925e8edc107e9e1d97

Appropriations Acts, the following funds are hereby 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'', $15,300,000;
``Aircraft Procurement, Air Force, 2000/2002'', $8,500,000;
``Other Procurement, Air Force, 2000/2002'', $20,000,000;
``Aircraft Procurement, Army, 2001/2003'', $16,000,000;
``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'', $20,000,000;
``Other Procurement, Navy, 2001/2003'', $7,600,000;
``Procurement, Marine Corps, 2001/2003'', $1,000,000;
``Aircraft Procurement, Air Force, 2001/2003'', $63,283,000;
``Missile Procurement, Air Force, 2001/2003'', $58,450,000;
``Procurement of Ammunition, Air Force, 2001/2003'',
$5,800,000;
``Other Procurement, Air Force, 2001/2003'', $10,200,000;
``Procurement, Defense-Wide, 2001/2003'', $113,434,000;
``Research, Development, Test and Evaluation, Army, 2001/
2002'', $6,300,000;
``Research, Development, Test and Evaluation, Navy, 2001/
2002'', $18,800,000;
``Research, Development, Test and Evaluation, Air Force, 2001/
2002'', $69,283,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2001/2002'', $780,000.

8d5536c846f8cbe065aa02579ba3cd1631c203c50f93ba332c9b32cbef037503

reduce the authorized positions for military (civilian) technicians of
the Army National Guard, the Air National Guard, Army Reserve and Air
Force Reserve for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on military (civilian)
technicians, unless such reductions are a direct result of a reduction
in military force structure.

f3d0b0c7b3aba3ff6da7d7227ee674f3c2a1ccb0354baa0efb8662d4a89f9a7c

available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.

1c02356110544cada53e6524ac665814e782570e112e132dc30a1fd5ffabde76

this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a Governor of a State
and approved by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the performance of such duty,
the members of the National Guard shall be under State command and
control: Provided further, That such duty shall be treated as full-time
National Guard duty for purposes of sections 12602(a)(2) and (b)(2) of
title 10, United States Code.

044d969e749ec91b390e94168a12d5bcff1bfc84cf851ab237a17626c73b021e

maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Foreign Intelligence Program (NFIP), the Joint Military Intelligence
Program (JMIP), and the Tactical Intelligence and Related Activities
(TIARA) aggregate: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel and
training procedures.

198726b98ee9ac3ec1963db9d82b55243075ff0843ee10ad30f7573600e78b35

appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2001 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
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.

3bb5d0f53bbe3763ebfae0a170589bb7aabd0d64b82a6b5015e3cef6babf2270

than the date each year on which the President submits to Congress the
budget under section 1105 of title 31, United States Code, the
Secretary of Defense shall submit to Congress a certification that the
total cost for the planning, design, 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, design, construction, and installation of equipment
for the renovation of wedge 1.
(b) Annual Adjustment.--For purposes of applying the limitation in
subsection (a), the Secretary shall adjust the cost for the renovation
of wedge 1 by any increase or decrease in costs attributable to
economic inflation, based on the most recent economic assumptions
issued by the Office of Management and Budget for use in preparation of
the budget of the United States under section 1104 of title 31, United
States Code.
(c) Exclusion of Certain Costs.--For purposes of calculating the
limitation in subsection (a), the total cost for wedges 2 through 5
shall not include--
(1) any repair or reconstruction cost incurred as a result of
the terrorist attack on the Pentagon that occurred on 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 additional security
requirements that the Secretary of Defense considers essential to
provide a safe and secure working environment.
(d) Certification Cost Reports.--As part of the annual
certification under subsection (a), the Secretary shall report the
projected cost (as of the time of the certification) for--
(1) the renovation of each wedge, including the amount adjusted
or otherwise excluded for such wedge under the authority of
paragraphs (2) and (3) of subsection (c) for the period covered by
the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in response
to the terrorist attack on the Pentagon that occurred on September
11, 2001.
(e) Duration of Certification Requirement.--The 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.

d87a874dd27af2cdacce3ff10ed95662241ea0d18dbe044cfec19480ed0a75a7

more than 35 percent of funds provided in this Act, for environmental
remediation may be obligated under indefinite delivery/indefinite
quantity contracts with a total contract value of $130,000,000 or
higher.

3df13c472de0d93efde725ea8893b09109ff6f43eaaec34f29111f782013512b

``Operation and Maintenance, Air Force'', $10,200,000 shall be
available to realign railroad track on Elmendorf Air Force Base and
Fort Richardson.

d38862d048f4fb5ce8e30213e894572c02905742d1bc59e5b73590ed4c91eed3

Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction and counter-drug activities
may be transferred to any other department or agency of the United
States except as specifically provided in an appropriations law.
(transfer of funds)

0d93c0e5aa9142d3087486751c4cbf5839b4cbfe580de6704a2e93fbee78b483

``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.

a88abcf7df88b0e201ad2066139e3545b9dcc4ee8dce9975bfd8fa4ef0468e6a

for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: Provided, That
the Secretary of the military department responsible for such
procurement may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the House
of Representatives and the Senate, that adequate domestic supplies are
not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to acquire
capability for national security purposes: Provided further, That this
restriction shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement Policy
Act, except that the restriction shall apply to ball or roller bearings
purchased as end items.

e859d82828adfcfa7a2064a5942989394623c26b4de17b91d0daf176c5e2a4e5

available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.

467f1cab7abfadec4552b55dc6ddc94429c9bc68a93e643ffe241a98db7c86c2

any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.

2659064bc15e169afc8c7fd653d97a97caaa68f36dc35582d3b0acacafad2767

shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.

01ee2890e3ec819eaf5f54568b16a6b197cdb9b424a473832a7e01f1d88a69d3

contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State (as defined in section 381(d) of title 10, United States Code)
which is not contiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as determined by
the Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that portion of the
contract in such State that is not contiguous with another State,
individuals who are residents of such State and who, in the case of any
craft or trade, possess or would be able to acquire promptly the
necessary skills: Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the interest
of national security.

6743f3cd4e81d05462ab6c2719b60c91434fdf28349c0544cbad3e2a200da399

Act may be used to pay the salary of any officer or employee of the
Department of Defense who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of
another Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.

0547ebf21b20557349d306de32890c8303f8b7aff0d8b9b1a75ebf59cf3ea51a

heading ``Operation and Maintenance, Defense-Wide'', up to $5,000,000
shall be available to provide assistance, by grant or otherwise, to
public school systems that have unusually high concentrations of
special needs military dependents enrolled: Provided, That in selecting
school systems to receive such assistance, special consideration shall
be given to school systems in States that are considered overseas
assignments: Provided further, That up to $2,000,000 shall be available
for the Department of Defense to establish a non-profit trust fund to
assist in the public-private funding of public school repair and
maintenance projects, or provide directly to non-profit organizations
who in return will use these monies to provide assistance in the form
of repair, maintenance, or renovation to public school systems that
have high concentrations of special needs military dependents and are
located in States that are considered overseas assignments: Provided
further, That to the extent a Federal agency provides this assistance,
by contract, grant or otherwise, it may accept and expend non-Federal
funds in combination with these Federal funds to provide assistance for
the authorized purpose, if the non-Federal entity requests such
assistance and the non-Federal funds are provided on a reimbursable
basis.

b806f8c0e0c7c27b215069c2b514acb6296b070a6c2cec637e25882ec0e55261

Services.--Notwithstanding any other provision of law, none of the
funds available to the Department of Defense for the current fiscal
year may be obligated or expended to transfer to another nation or an
international organization any defense articles or services (other than
intelligence services) for use in the activities described in
subsection (b) unless the congressional defense committees, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate are notified 15
days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of the
United Nations Charter under the authority of a United Nations
Security Council resolution; and
(2) any other international peacekeeping, peace-enforcement, or
humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall include
the following:
(1) A description of the equipment, supplies, or services to be
transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.

9dde8b0aa67db4e0c07e9b886ad00838309f88b103d787ab5d08716d6b4cdf69

of title 10, United States Code, the Secretary of Defense may issue
loan guarantees in support of United States defense exports not
otherwise provided for: Provided, That the total contingent liability
of the United States for guarantees issued under the authority of this
section may not exceed $15,000,000,000: Provided further, That the
exposure fees charged and collected by the Secretary for each guarantee
shall be paid by the country involved and shall not be financed as part
of a loan guaranteed by the United States: Provided further, That the
Secretary shall provide quarterly reports to the Committees on
Appropriations, Armed Services, and Foreign Relations of the Senate and
the Committees on Appropriations, Armed Services, and International
Relations in the House of Representatives on the implementation of this
program: Provided further, That amounts charged for administrative fees
and deposited to the special account provided for under section
2540c(d) of title 10, shall be available for paying the costs of
administrative expenses of the Department of Defense that are
attributable to the loan guarantee program under subchapter VI of
chapter 148 of title 10, United States Code.

779fa21881c171b02c84b73d7713a752eea5f6b7c39a5f3ca50c80fd060425bc

under this Act shall be obligated or expended to pay a contractor under
a contract with the Department of Defense for costs of any amount paid
by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated with a
business combination.

50d35d864393986429d6293596c012d174b72ac3d75fa804a8e87813e381191c

available in this Act may be used to transport or provide for the
transportation of chemical munitions or agents to the Johnston Atoll
for the purpose of storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to any
obsolete World War II chemical munition or agent of the United States
found in the World War II Pacific Theater of Operations.
(c) The President may suspend the application of subsection (a)
during a period of war in which the United States is a party.

0f9337367ad3d4424c4344ac1bc3a1908808fd0778f21154771e83de7277b269

heading ``Operation and Maintenance, Navy'' in this Act for the Pacific
Missile Range Facility may be made available to contract for the
repair, maintenance, and operation of adjacent off-base water,
drainage, and flood control systems critical to base operations.
(including transfer of funds)

45a1a717eebedbed371622819a011b04c55a555277a4c566a2228638ca176e1c

of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.

c1115b6eaaef7db6011d49b43cb243b67513f82fe48cd33f4003affdab230252

States Code, any subdivision of appropriations made in this Act under
the heading ``Shipbuilding and Conversion, Navy'' shall be considered
to be for the same purpose as any subdivision under the heading
``Shipbuilding and Conversion, Navy'' appropriations in any prior year,
and the 1 percent limitation shall apply to the total amount of the
appropriation.

aa7fbc4bcdf975e149e62ce55aa0a57e71eed70999893f4be9ba67b50fb2fc53

appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under
the provisions of section 1552 of title 31, United States Code, and
which has a negative unliquidated or unexpended balance, an obligation
or an adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or closed
account if--
(1) the obligation would have been properly chargeable (except
as to amount) to the expired or closed account before the end of
the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to any
current appropriation account of the Department of Defense; and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of Defense
under the provisions of section 1405(b)(8) of the National Defense
Authorization Act for Fiscal Year 1991, Public Law 101-510, as
amended (31 U.S.C. 1551 note): Provided, That in the case of an
expired account, if subsequent review or investigation discloses
that there was not in fact a negative unliquidated or unexpended
balance in the account, any charge to a current account under the
authority of this section shall be reversed and recorded against
the expired account: Provided further, That the total amount
charged to a current appropriation under this section may not
exceed an amount equal to 1 percent of the total appropriation for
that account.

6318332c0f244384d783d5e871114e2655cbf5327a0068160c26c77371dc550d

Defense Health Program in title VI of this Act for supervision and
administration costs for facilities maintenance and repair, minor
construction, or design projects may be obligated at the time the
reimbursable order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and administration
costs includes all in-house Government cost.

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may waive reimbursement of the cost of conferences, seminars, courses
of instruction, or similar educational activities of the Asia-Pacific
Center for Security Studies for military officers and civilian
officials of foreign nations if the Secretary determines that
attendance by such personnel, without reimbursement, is in the national
security interest of the United States: Provided, That costs for which
reimbursement is waived pursuant to this section shall be paid from
appropriations available for the Asia-Pacific Center.

f4efc79dfee359f716130082cefb3728ba36d95f0031f93a45bb6958d22258d8

Chief of the National Guard Bureau may permit the use of equipment of
the National Guard Distance Learning Project by any person or entity on
a space-available, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for such use on a
case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.

f12095470c34c595850d68141a74054006d3862919f65b4d22b50386061b98a5

Secretary of the Air Force, pursuant to a determination under section
2690 of title 10, United States Code, may implement cost-effective
agreements for required heating facility modernization in the
Kaiserslautern Military Community in the Federal Republic of Germany:
Provided, That in the City of Kaiserslautern such agreements will
include the use of United States anthracite as the base load energy for
municipal district heat to the United States Defense installations:
Provided further, That at Landstuhl Army Regional Medical Center and
Ramstein Air Base, furnished heat may be obtained from private,
regional or municipal services, if provisions are included for the
consideration of United States coal as an energy source.

dcce6f4a7dfbd858d22f41cbcbc85fffaa6ec3a2c5edd0fdad89b33bc0f7736a

fiscal year and hereafter, interest penalties may be paid by the
Department of Defense from funds financing the operation of the
military department or defense agency with which the invoice or
contract payment is associated.

353c22e126294dafba0550c7d52440ff41a6fccb49917d809f3e15eec2007363

may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that it is in the national security
interest to do so.

86aa27a11e207a918a7ac8b5124d1dc25f96d19d714dfe0e04a3eef42f80499e

``Operation and Maintenance, Air Force'', not less than $1,500,000
shall be made available by grant or otherwise, to the Council of
Athabascan Tribal Governments, to provide assistance for health care,
monitoring and related issues associated with research conducted from
1955 to 1957 by the former Arctic Aeromedical Laboratory.

87f058c552a2dfd31e6389c8928c9ac45bfae065b6ae1cd25065dd1e433c9923

made available in this Act, $3,500,000, to remain available until
September 30, 2002, is hereby appropriated to the Department of
Defense: Provided, That the Secretary of Defense shall make a grant in
the amount of $3,500,000 to the American Red Cross for Armed Forces
Emergency Services.

8ce2d23de3fdfac19e67e34896f17c5246777d8641e8f3703a1e70b755f07f15

to approve or license the sale of the F-22 advanced tactical fighter to
any foreign government.

a88ee8f97c64cb4ddd04f1669eeb07b63a31cb2bfd0a1f781c6a398f6f085864

basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if
the Secretary determines that the application of the limitation with
respect to that country would invalidate cooperative programs entered
into between the Department of Defense and the foreign country, or
would invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10, United
States Code, and the country does not discriminate against the same or
similar defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before such
date if the option prices are adjusted for any reason other than
the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section 11 (chapters 50-65)
of the Harmonized Tariff Schedule and products classified under
headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through
7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108,
8109, 8211, 8215, and 9404.

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under the heading ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be used for the Civil Air Patrol Corporation's
counterdrug program, including its demand reduction program involving
youth programs, as well as operational and training drug reconnaissance
missions for Federal, State, and local government agencies; and for
equipment needed for mission support or performance: Provided, That the
Department of the Air Force should waive reimbursement from the
Federal, State, and local government agencies for the use of these
funds.

fca8d68921da46d1d61deed7d297ba089cb49f0bc2a124a1aec01c6752b78f5c

Act, 2001 (Public Law 106-259), is hereby repealed.

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``Research, Development, Test and Evaluation, Navy'', up to $2,600,000
may be made available for a Maritime Fire Training Center at Barbers
Point, including provision for laboratories, construction, and other
efforts associated with research, development, and other programs of
major importance to the Department of Defense.

a6cf208a36cfe3ec0b9447e25bec9242e8d974e0f7212836dd9fe0b87e7deb5e

this Act may be used to support any training program involving a unit
of the security forces of a foreign country if the Secretary of Defense
has received credible information from the Department of State that the
unit has committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation with the
Secretary of State, shall ensure that prior to a decision to conduct
any training program referred to in subsection (a), full consideration
is given to all credible information available to the Department of
State relating to human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation with the
Secretary of State, may waive the prohibition in subsection (a) if he
determines that such waiver is required by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of any waiver
under subsection (c), the Secretary of Defense shall submit a report to
the congressional defense committees describing the extraordinary
circumstances, the purpose and duration of the training program, the
United States forces and the foreign security forces involved in the
training program, and the information relating to human rights
violations that necessitates the waiver.

6e5e0e4e6c961388d63d40de7e5fa6eb25d57208e58457dc02cf8a2fba8f30fd

Secretary of Health and Human Services, may carry out a program to
distribute surplus dental equipment of the Department of Defense, at no
cost to the Department of Defense, to Indian health service facilities
and to federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).

518b6bd100735f48d7a20ad11b4e96213eb800070a5fd0f136cfefa41dbd3c4b

reduced by $240,000,000 to reflect savings from favorable foreign
currency fluctuations, to be derived as follows:
``Military Personnel, Army'', $39,400,000;
``Military Personnel, Navy'', $800,000;
``Military Personnel, Marine Corps'', $9,900,000;
``Military Personnel, Air Force'', $19,500,000;
``Operation and Maintenance, Army'', $87,600,000;
``Operation and Maintenance, Navy'', $18,300,000;
``Operation and Maintenance, Marine Corps'', $1,300,000;
``Operation and Maintenance, Air Force'', $33,800,000; and
``Operation and Maintenance, Defense-Wide'', $29,400,000.

ef82bc1b60177e67a67c61f3a539a84497e3fdda7875dd312700e181a6b1ef96

Act to the Department of the Navy shall be used to develop, lease or
procure the T-AKE class of ships unless the main propulsion diesel
engines and propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary of Defense
may waive this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic supplies are not
available to meet Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to acquire
capability for national security purposes or there exists a significant
cost or quality difference.

7088dd1fd3431faac0b5353fd7ef9302eacefaec2e17f0176ba167d3971f19d8

submitted to the Congress pursuant to section 1105 of title 31, United
States Code, and each annual budget request thereafter, shall include
separate budget justification documents for costs of United States
Armed Forces' participation in contingency operations for the Military
Personnel accounts, the Overseas Contingency Operations Transfer Fund,
the Operation and Maintenance accounts, and the Procurement accounts:
Provided, That these budget justification documents shall include a
description of the funding requested for each anticipated contingency
operation, for each military service, to include active duty and Guard
and Reserve components, and for each appropriation account: Provided
further, That these documents shall include estimated costs for each
element of expense or object class, a reconciliation of increases and
decreases for ongoing contingency operations, and programmatic data
including, but not limited to troop strength for each active duty and
Guard and Reserve component, and estimates of the major weapons systems
deployed in support of each contingency: Provided further, That these
documents shall include budget exhibits OP-5 and OP-32, as defined in
the Department of Defense Financial Management Regulation, for the
Overseas Contingency Operations Transfer Fund for fiscal years 2001 and
2002.

c1472cd1894fcd4591e73a73c33d87d8f2cec24ea778512c2b007855fe9cdb5d

amount appropriated in this Act under title I and title II is hereby
reduced by $50,000,000: Provided, That during the current fiscal year,
not more than 250 military and civilian personnel of the Department of
Defense shall be assigned to legislative affairs or legislative liaison
functions: Provided further, That of the 250 personnel assigned to
legislative liaison or legislative affairs functions, 20 percent shall
be assigned to the Office of the Secretary of Defense and the Office of
the Chairman of the Joint Chiefs of Staff, 20 percent shall be assigned
to the Department of the Army, 20 percent shall be assigned to the
Department of the Navy, 20 percent shall be assigned to the Department
of the Air Force, and 20 percent shall be assigned to the combatant
commands: Provided further, That of the personnel assigned to
legislative liaison and legislative affairs functions, no fewer than 20
percent shall be assigned to the Under Secretary of Defense
(Comptroller), the Assistant Secretary of the Army (Financial
Management and Comptroller), the Assistant Secretary of the Navy
(Financial Management and Comptroller), and the Assistant Secretary of
the Air Force (Financial Management and Comptroller).

8ae5a00a4b51148e8f4dce886f8593f90afb23a961c2b4d7318d6614209c59c2

available by this or other Department of Defense Appropriations Acts
may be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.

16732ca40966f0d65fcf2d334b2d5c62800313afd1a5727dc7e7ec73ebaaf089

Department of Defense Appropriations Act, 2002 — HR. 3338

Other Sections

DIVISION A

DIVISION B

DIVISION C

DIVISION D / TITLE I

DIVISION D / TITLE II

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