Page:United States Statutes at Large Volume 116 Part 2.djvu/787

 PUBLIC LAW 107-248—OCT. 23, 2002 116 STAT. 1569 applicable appropriation account: Provided further, That appropriations made available in this Act for the pay and benefits of military personnel are exempt from reductions under this provision. (b) Of the funds provided in the Department of Defense Appropriations Act, 2002, (division A of Public Law 107-117), $300,000,000 are rescinded from amounts made available under titles III and IV of that Act: Provided, That the Secretary of Defense shall allocate this rescission proportionately by program, project, and activity. SEC. 8136. During the current fiscal year, section 2533a(f) of Title 10, United States Code, shall not apply to any fish, shellfish, or seafood product. This section is applicable to contracts and sub- Applicability, contracts for the procurement of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430). SEC. 8137. None of the funds appropriated by this Act may be used to convert the 939th Combat Search and Rescue Wing of the Air Force Reserve until the Secretary of the Air Force certifies to the Congress the following: (a) that a functionally comparable search and rescue capability is available in the 939th Search and Rescue Wing's area of responsibility; (b) that any new aircraft assigned to the unit will comply with local environmental and noise standards; and (c) that the Air Force has developed a plan for the transition of personnel and manpower billets currently assigned to this unit. SEC. 8138. NAVY DRY-DOCK AFDL-47 (a) REQUIREMENT FOR SALE. — Notwithstanding any other provision of law, the Secretary of the Navy shall sell the Navy Dry-dock AFDL-47, located in Charleston, South Carolina, to Detyens Shipyards, Inc., the current lessee of the dry-dock from the Navy. (b) CONSIDERATION. —As consideration for the sale of the dry- dock under subsection (a), the Secretary shall receive an amount equal to the fair market value of the dry-dock at the time of the sale, as determined by the Secretary, taking into account amounts paid by, or due and owing from, the lessee. SEC. 8139. From funds made available in this Act for the Office of Economic Adjustment under the heading "Operation and Maintenance, Defense-Wide", $100,000 shall be available for the elimination of asbestos at former Battery 204, Odiorne Point, New Hampshire. SEC. 8140. The Secretary of Defense may, using amounts appropriated or otherwise made available by this Act, make a grant to the National D-Day Museum in the amount of $3,000,000. SEC. 8141. (a) PRELIMINARY STUDY AND ANALYSIS REQUIRED. — The Secretary of the Army shall carry out a preliminary engineering study and environmental analysis regarding the establishment of a connector road between United States Route 1 and Telegraph Road in the vicinity of Fort Belvoir, Virginia. (b) FUNDING.— Of the amount appropriated by title II under the heading "OPERATION AND MAINTENANCE, ARMY ", up to $5,000,000 may be available for the preliminary study and analysis required by subsection (a). SEC. 8142. Of the amount appropriated by title V under the heading "NATIONAL DEFENSE SEALIFT FUND", up to $10,000,000 may be available for implementing the recommendations resulting from the Navy's Non-Self Deployable Watercraft (NDSW) Study and the Joint Chiefs of Staff Focused Logistics Study, which are

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