[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5010 Enrolled Bill (ENR)]
H.R.5010
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2003, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2003, for
military functions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
Military Personnel, Army
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Army on active duty (except members of reserve components 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 Department of Defense Military Retirement Fund,
$26,855,017,000.
Military Personnel, Navy
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Navy on active duty (except members of the Reserve provided 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 Department of Defense Military Retirement Fund,
$21,927,628,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Marine Corps on active duty (except members of the Reserve provided
for elsewhere); and for payments pursuant to section 156 of Public Law
97-377, as amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $8,501,087,000.
Military Personnel, Air Force
For pay, allowances, individual clothing, subsistence, interest on
deposits, gratuities, permanent change of station travel (including all
expenses thereof for organizational movements), and expenses of
temporary duty travel between permanent duty stations, for members of
the Air Force on active duty (except members of reserve components
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 Department of Defense Military Retirement Fund,
$21,981,277,000.
Reserve Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army Reserve 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
authorized by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retirement Fund,
$3,374,355,000.
Reserve Personnel, Navy
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Navy 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 undergoing reserve 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 10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $1,907,552,000.
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 undergoing reserve
training, or while performing drills or equivalent 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,
$553,983,000.
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 while undergoing
reserve training, or while performing drills or equivalent duty or
other duty, and for members of the Air Reserve Officers' Training
Corps, and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense Military
Retirement Fund, $1,236,904,000.
National Guard Personnel, Army
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Army National Guard while on duty
under section 10211, 10302, or 12402 of title 10 or section 708 of
title 32, United States 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 undergoing 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,
$5,114,588,000.
National Guard Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities, travel, and
related expenses for personnel of the Air National Guard on duty under
section 10211, 10305, or 12402 of title 10 or section 708 of title 32,
United States 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 undergoing 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,
$2,125,161,000.
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 authorized by law; and not to
exceed $10,818,000 can be used for emergencies and extraordinary
expenses, to be expended 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, $23,992,082,000: Provided, That of
the funds appropriated in this paragraph, not less than $355,000,000
shall be made available only for conventional ammunition care and
maintenance: Provided further, That of the funds made available under
this heading, $2,500,000 shall be available for Fort Baker, in
accordance with the terms and conditions as provided under the heading
``Operation and Maintenance, Army'', in Public Law 107-117.
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 $4,415,000 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 purposes,
$29,331,526,000.
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,
$3,585,759,000.
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 $7,902,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary
of the Air Force, and payments may be made on his certificate of
necessity for confidential military purposes, $27,339,533,000:
Provided, That notwithstanding any other provision of law, that of the
funds available under this heading, $750,000 shall only be available to
the Secretary of the Air Force for a grant to Florida Memorial College
for the purpose of funding minority aviation training: Provided
further, That of the amount provided under this heading, $2,000,000 may
be obligated for the deployment of Air Force active and Reserve
aircrews that perform combat search and rescue operations to operate
and evaluate the United Kingdom's Royal Air Force EH-101 helicopter, to
receive training using that helicopter, and to exchange operational
techniques and procedures regarding that helicopter.
Operation and Maintenance, Defense-Wide
(including transfer of funds)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department
of Defense (other than the military departments), as authorized by law,
$14,773,506,000, of which not to exceed $25,000,000 may be available
for the CINC initiative fund account; and of which not to exceed
$34,500,000 can be used for emergencies and extraordinary expenses, to
be expended on the approval or authority of the Secretary of Defense,
and payments may be made on his certificate of necessity for
confidential military 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 none of the funds appropriated
or otherwise made available 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 headquarters of one
of the Armed Forces into a legislative affairs or legislative liaison
office: Provided further, That $4,675,000, to remain available until
expended, is available only for expenses relating to certain classified
activities, and may be transferred as necessary by the Secretary to
operation and maintenance appropriations or research, development, test
and evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit cost of
items that may be purchased with operation and maintenance funds shall
not apply to the funds described in the preceding proviso: Provided
further, That the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere in this
Act.
Operation and Maintenance, Army Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,970,180,000.
Operation and Maintenance, Navy Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $1,236,809,000.
Operation and Maintenance, Marine Corps Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $187,532,000.
Operation and Maintenance, Air Force Reserve
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,163,104,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the Army
National Guard, including medical and hospital treatment and related
expenses in non-Federal hospitals; maintenance, operation, and repairs
to structures and facilities; hire of passenger motor vehicles;
personnel services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on active duty,
for Army National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National Guard
Bureau; supplying and equipping the Army National Guard as authorized
by law; and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,261,707,000.
Operation and Maintenance, Air National Guard
For operation and maintenance of the Air National Guard, including
medical and hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, repair, and other necessary expenses
of facilities for the training and administration of the Air National
Guard, including repair of facilities, maintenance, operation, and
modification of aircraft; transportation of things, hire of passenger
motor vehicles; supplies, materials, and equipment, as authorized by
law for the Air National 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 (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 regulations when
specifically authorized by the Chief, National Guard Bureau,
$4,117,585,000.
Overseas Contingency Operations Transfer Account
(including transfer of funds)
For expenses directly relating to Overseas Contingency Operations
by United States military forces, $5,000,000, to remain available until
expended: Provided, 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 appropriation to
which transferred: Provided further, That upon a determination that all
or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided 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, $9,614,000, 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, $395,900,000, to remain available
until transferred: Provided, That the Secretary of the Army 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 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.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $256,948,000, to remain available
until transferred: Provided, That the Secretary of the Navy 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 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, $389,773,000, to remain
available until transferred: Provided, That the Secretary of the Air
Force shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the Air
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 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, Defense-Wide
(including transfer of funds)
For the Department of Defense, $23,498,000, to remain available
until transferred: Provided, That the Secretary 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 appropriation to other
appropriations made available to the Department of Defense, 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, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $246,102,000, to remain available
until transferred: Provided, That the Secretary of the Army shall, upon
determining that such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe buildings
and debris at sites formerly used by the Department 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: 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.
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 sections 401, 402, 404, 2547, and 2551 of title
10, United States Code), $58,400,000, to remain available until
September 30, 2004.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure transportation and
storage of nuclear, chemical and other weapons; for establishing
programs to prevent the proliferation of weapons, weapons components,
and weapon-related technology and expertise; for programs relating to
the training and support of defense and military personnel for
demilitarization and protection of weapons, weapons components and
weapons technology and expertise, and for defense and military
contacts, $416,700,000, to remain available until September 30, 2005:
Provided, That of the amounts provided under this heading, $10,000,000
shall be available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in the Russian Far
East.
Support for International Sporting Competitions, Defense
For logistical and security support for international sporting
competitions (including pay and non-travel related allowances only for
members of the Reserve Components of the Armed Forces of the United
States called or ordered to active duty in connection with providing
such support), $19,000,000, to remain available until expended.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification, 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, 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, $2,285,574,000, to remain available for obligation until
September 30, 2005: Provided, That of the funds made available under
this heading, $39,100,000 shall be available only to support a
restructured CH-47F helicopter upgrade program for the full fleet to
facilitate increases in the planned production rate to an economically
optimal rate by fiscal year 2005: Provided further, That funds in the
immediately preceding proviso shall not be made available until the
Secretary of the Army has certified to the congressional defense
committees that the Army intends to budget for the upgrade of the
entire CH-47 fleet required for the Objective Force at economically
optimal production rates in order to complete this program within ten
years after it is initiated.
Missile Procurement, Army
For construction, procurement, production, modification, 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, 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, $1,096,548,000, to remain available for obligation until
September 30, 2005.
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 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, 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,
$2,266,508,000, to remain available for obligation until September 30,
2005.
Procurement of Ammunition, Army
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and 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, 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, $1,253,099,000, to remain available for
obligation until September 30, 2005.
Other Procurement, Army
For construction, procurement, production, and modification of
vehicles, including tactical, support, and non-tracked combat vehicles;
the purchase of passenger motor vehicles for replacement only; and the
purchase of 6 vehicles required for physical security of personnel,
notwithstanding price limitations applicable to passenger vehicles but
not to exceed $180,000 per vehicle; communications and electronic
equipment; other support equipment; spare parts, ordnance, 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,
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, $5,874,674,000, to
remain available for obligation until September 30, 2005.
Aircraft Procurement, Navy
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare parts,
and accessories therefor; specialized equipment; expansion of public
and private plants, including the land necessary therefor, and such
lands and interests 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 Government and contractor-owned
equipment layaway, $8,812,855,000, to remain available for obligation
until September 30, 2005.
Weapons Procurement, Navy
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, 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
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 Government and
contractor-owned equipment layaway, $1,868,517,000, to remain available
for obligation until September 30, 2005.
Procurement of Ammunition, Navy and Marine Corps
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and 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, 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, $1,165,730,000, to remain available for
obligation until September 30, 2005.
Shipbuilding and Conversion, Navy
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools and
installation thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; procurement of
critical, long leadtime components and designs for vessels to be
constructed or converted in the future; 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, as follows:
Carrier Replacement Program, $90,000,000;
Carrier Replacement Program (AP), $403,703,000;
NSSN, $1,499,152,000;
NSSN (AP), $645,209,000;
SSGN, $404,305,000;
SSGN (AP), $421,000,000;
CVN Refuelings (AP), $221,781,000;
Submarine Refuelings, $435,792,000;
Submarine Refuelings (AP), $64,000,000;
DDG-51 Destroyer, $2,321,502,000;
LPD-17, $596,492,000;
LHD-8, $243,000,000;
LCAC Landing Craft Air Cushion, $89,638,000;
Mine Hunter SWATH, $7,000,000;
Prior year shipbuilding costs, $1,279,899,000;
Service Craft, $9,756,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $300,608,000;
In all: $9,032,837,000, to remain available for obligation until
September 30, 2007: Provided, That additional obligations may be
incurred after September 30, 2007, 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 shipyards 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 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 $240,000 per unit for one unit and not to
exceed $125,000 per unit for the remaining two units; expansion of
public and private plants, including the land necessary therefor, and
such lands and interests 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 Government and contractor-owned
equipment layaway, $4,612,910,000, to remain available for obligation
until September 30, 2005.
Procurement, Marine Corps
For expenses necessary for the procurement, manufacture, 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; vehicles
for the Marine Corps, including the purchase of 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, $1,388,583,000, to remain available for obligation
until September 30, 2005.
Aircraft Procurement, Air Force
For construction, procurement, lease, and modification of aircraft
and equipment, including armor and armament, specialized ground
handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for the
foregoing purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to approval of
title; reserve plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing purposes
including rents and transportation of things, $13,137,255,000, to
remain available for obligation until September 30, 2005: Provided,
That amounts provided under this heading shall be used for the advance
procurement of 15 C-17 aircraft.
Missile Procurement, Air Force
For construction, procurement, and modification of missiles,
spacecraft, rockets, and related equipment, including spare parts and
accessories therefor, ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures, and
acquisition of land, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction prosecuted thereon
prior to approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses necessary for
the foregoing purposes including rents and transportation of things,
$3,174,739,000, to remain available for obligation until September 30,
2005.
Procurement of Ammunition, Air Force
For construction, procurement, production, and modification of
ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities authorized by section 2854 of title 10, United
States Code, and 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, 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, $1,288,164,000, to remain available for
obligation until September 30, 2005.
Other Procurement, Air Force
For procurement and modification of equipment (including ground
guidance and electronic control equipment, and ground electronic and
communication equipment), and supplies, materials, and spare parts
therefor, not otherwise provided for; the purchase of passenger motor
vehicles for replacement only, and the purchase of 2 vehicles required
for physical security of personnel, notwithstanding price limitations
applicable to passenger vehicles but not to exceed $232,000 per
vehicle; lease of passenger motor vehicles; and expansion of public and
private plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for the
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, $10,672,712,000, to remain available for obligation until
September 30, 2005.
Procurement, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for; the
purchase of passenger motor vehicles for replacement only; the purchase
of 4 vehicles 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 installation thereof in such plants, erection of
structures, and acquisition of land for the foregoing purposes, and
such lands and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant and
Government and contractor-owned equipment layaway, $3,444,455,000, to
remain available for obligation until September 30, 2005.
National Guard and Reserve Equipment
For procurement of aircraft, missiles, tracked combat vehicles,
ammunition, other weapons, and other procurement for the reserve
components of the Armed Forces, $100,000,000, to remain available for
obligation until September 30, 2005: Provided, That the Chiefs of the
Reserve and National Guard components shall, not later than 30 days
after the enactment of this Act, individually submit to the
congressional defense committees the modernization priority assessment
for their respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to sections
108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C.
App. 2078, 2091, 2092, and 2093), $73,057,000, to remain available
until expended, of which, $5,000,000 may be used for a Processable
Rigid-Rod Polymeric Material Supplier Initiative under title III of the
Defense Production Act of 1950 (50 U.S.C. App. 2091 et seq.) to develop
affordable production methods and a domestic supplier for military and
commercial processable rigid-rod polymeric materials.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$7,669,656,000, to remain available for obligation until September 30,
2004.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$13,946,085,000, to remain available for obligation until September 30,
2004: Provided, That funds appropriated in this paragraph which are
available for the V-22 may be used to meet unique operational
requirements of the Special Operations Forces.
Research, Development, Test and Evaluation, Air Force
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,822,569,000, to remain available for obligation until September 30,
2004.
Research, Development, Test and Evaluation, Defense-Wide
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic and
applied scientific research, development, 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, $17,924,642,000, to remain
available for obligation until September 30, 2004.
Operational Test and Evaluation, Defense
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and
Evaluation, in the direction and supervision of operational test and
evaluation, including initial operational 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, $245,554,000, to remain available for obligation
until September 30, 2004.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,784,956,000: Provided,
That during fiscal year 2003, funds in the Defense Working Capital
Funds may be used for the purchase of not to exceed 315 passenger
carrying motor vehicles for replacement only for the Defense Security
Service, and the purchase of not to exceed 7 vehicles for replacement
only for the Defense Logistics Agency.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense 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, $942,629,000, to remain available until
expended: Provided, That none of the funds provided in this paragraph
shall be used to award a new contract that provides for the acquisition
of any of the following 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 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 procurement may waive the restrictions
in the first proviso 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, notwithstanding any other
provision of law, $8,500,000 of the funds available under this heading
shall be available in addition to other amounts otherwise available,
only to finance the cost of constructing additional sealift capacity.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense, as authorized by law,
$14,843,542,000, of which $14,100,386,000 shall be for Operation and
maintenance, of which not to exceed 2 percent shall remain available
until September 30, 2004; of which $284,242,000, to remain available
for obligation until September 30, 2005, shall be for Procurement; of
which $458,914,000, to remain available for obligation until September
30, 2004, shall be for Research, development, test and evaluation, and
of which not less than $7,000,000 shall be available for HIV prevention
educational activities undertaken in connection with U.S. military
training, exercises, and humanitarian assistance activities conducted
primarily 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 provisions of section 1412 of the
Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for
the destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, $1,490,199,000, of which $974,238,000 shall
be for Operation and maintenance to remain available until September
30, 2004, $213,278,000 shall be for Procurement to remain available
until September 30, 2005, and $302,683,000 shall be for Research,
development, test and evaluation to remain available until September
30, 2004.
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 personnel of the reserve components serving
under the provisions of title 10 and title 32, United States Code; for
Operation and maintenance; for Procurement; and for Research,
development, test and evaluation, $881,907,000: Provided, That the
funds appropriated under this heading shall be available for obligation
for the same time period and for the same purpose as the appropriation
to which transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may be
transferred back to this appropriation: Provided further, That the
transfer authority provided under this heading is in addition to any
other transfer authority contained elsewhere in this Act.
Office of the Inspector General
For expenses and activities of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $157,165,000, of which $155,165,000 shall be for Operation and
maintenance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on the approval
or authority of the Inspector General, and payments may be made on the
Inspector General's certificate of necessity for confidential military
purposes; and of which $2,000,000 to remain available until September
30, 2005, shall be for Procurement.
TITLE VII
RELATED AGENCIES
Central Intelligence Agency Retirement and Disability System Fund
For payment to the Central Intelligence Agency Retirement and
Disability System Fund, to maintain the proper funding level for
continuing the operation of the Central Intelligence Agency Retirement
and Disability System, $222,500,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community Management
Account, $163,479,000, of which $24,252,000 for the Advanced Research
and Development Committee shall remain available until September 30,
2004: Provided, That of the funds appropriated under this heading,
$34,100,000 shall be transferred to the Department of Justice for the
National Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, and of the said
amount, $1,500,000 for Procurement shall remain available until
September 30, 2005 and $1,000,000 for Research, development, test and
evaluation shall remain available until September 30, 2004: Provided
further, That the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support to law
enforcement authorities and the intelligence community by conducting
document and computer exploitation of materials collected in Federal,
State, and local law enforcement activity associated with counter-drug,
counter-terrorism, and national security investigations and operations.
Payment to Kaho'olawe Island Conveyance, Remediation, and Environmental
Restoration Fund
For payment to Kaho'olawe Island Conveyance, Remediation, and
Environmental Restoration Fund, as authorized by law, $75,000,000, to
remain available until expended.
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 expended.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 8002. During the current fiscal year, provisions of law
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.
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 appropriations in this
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)
Sec. 8005. Upon determination by the Secretary of Defense that such
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 31,
2003: Provided further, That section 8005 of the Department of Defense
Appropriations Act, 2002 (Public Law 107-117) is amended by striking
``$2,000,000,000'', and inserting ``$2,500,000,000''.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in working
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.
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, 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:
C-130 aircraft;
FMTV; and
F/A-18E and F engine.
Sec. 8009. Within the funds appropriated for the operation 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 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.
Sec. 8010. (a) During fiscal year 2003, the civilian personnel of
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 2004 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2004 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
2004.
(c) Nothing in this section shall be construed to apply to military
(civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none of the
funds made available by this Act shall be used by the Department of
Defense to exceed, outside the 50 United States, its territories, and
the District of 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.
Sec. 8012. None of the funds made available by this Act shall be
used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before the
Congress.
Sec. 8013. None of the funds appropriated by this Act shall be
available for the basic pay and allowances of any member of the Army
participating as a full-time student and receiving benefits paid by the
Secretary of Veterans 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.
Sec. 8014. None of the funds appropriated by this Act shall be
available to convert to contractor performance an activity or function
of the Department of Defense that, on or after the date of the
enactment of this Act, is performed by more than 10 Department of
Defense civilian employees until a most efficient and cost-effective
organization 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)
Sec. 8015. Funds appropriated in title III of this Act for the
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.
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 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.
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
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.
Sec. 8018. Notwithstanding any other provision of law, during the
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 2004 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.
Sec. 8019. None of the funds available to the Department of Defense
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.
Sec. 8020. No more than $500,000 of the funds appropriated or made
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.
Sec. 8021. In addition to the funds provided elsewhere in this Act,
$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 prime contractor or a subcontractor at any tier that
makes a subcontract award to any subcontractor or supplier as defined
in 25 U.S.C. 1544 or a small business owned and controlled by an
individual defined under 25 U.S.C. 4221(9) 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)
whenever the prime contract or subcontract amount is over $500,000 and
involves the expenditure of funds appropriated by an Act making
Appropriations for the Department of Defense with respect to any fiscal
year: Provided further, That notwithstanding 41 U.S.C. Sec. 430, this
section shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract at any
tier for acquisition of commercial items produced or manufactured, in
whole or in part by any subcontractor or supplier defined in 25 U.S.C.
Sec. 1544 or a small business owned and controlled by an individual
defined under 25 U.S.C. 4221(9).
Sec. 8022. 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-
function activity.
Sec. 8023. Funds appropriated by this Act for the American Forces
Information Service shall not be used for any national or international
political or psychological activities.
Sec. 8024. 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 Veterans Affairs by section 7455 of title 38, United
States Code.
Sec. 8025. (a) Of the funds for the procurement of supplies or
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).
Sec. 8026. During the current fiscal year, net receipts pursuant to
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.
Sec. 8027. During the current fiscal year, the Department of
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.
Sec. 8028. Of the funds made available in this Act, not less than
$21,188,000 shall be available for the Civil Air Patrol Corporation, of
which $19,688,000 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.
Sec. 8029. (a) None of the funds appropriated in this Act are
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 2003 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 2003, not more than
6,321 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 1,050 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 2004 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
$74,200,000.
Sec. 8030. 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 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.
Sec. 8031. 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
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.
Sec. 8032. During the current fiscal year, the Department of
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.
Sec. 8033. (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 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 2003. 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. 8034. 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 next fiscal year to the extent, and
for the purposes, provided in section 2865 of title 10, United States
Code.
(including transfer of funds)
Sec. 8035. Amounts deposited during the current fiscal 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 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.
Sec. 8036. 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 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.
Sec. 8037. Notwithstanding any other provision of law, funds
available for ``Drug Interdiction and Counter-Drug Activities,
Defense'' may be obligated for the Young Marines program.
(including transfer of funds)
Sec. 8038. During the current fiscal year, amounts contained in the
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.
Sec. 8039. (a) In General.--Notwithstanding any other provision of
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).
Sec. 8040. During the current fiscal year, appropriations 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.
Sec. 8041. (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 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 2004 budget request for the Department of
Defense as well as all justification material and other documentation
supporting the fiscal year 2004 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 2004 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. 8042. 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 September 30, 2004: 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,
2004.
Sec. 8043. Notwithstanding any other provision of law, funds made
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.
Sec. 8044. Of the funds appropriated to the Department of Defense
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.
Sec. 8045. Of the funds made available in this Act, not less than
$68,900,000 shall be available to maintain an attrition reserve force
of 18 B-52 aircraft, of which $3,700,000 shall be available from
``Military Personnel, Air Force'', $40,000,000 shall be available from
``Operation and Maintenance, Air Force'', and $25,200,000 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
2003: Provided further, That the Secretary of Defense shall include in
the Air Force budget request for fiscal year 2004 amounts sufficient to
maintain a B-52 force totaling 94 aircraft.
Sec. 8046. (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, 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.
Sec. 8047. 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 scientific or technological
promise, represents the product of original thinking, and was
submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of unique
and significant industrial accomplishment by a specific concern, or
to insure that a new product or idea of a specific concern is given
financial support:
Provided, That this limitation shall not apply to contracts in an
amount of less than $25,000, contracts related to improvements of
equipment that is in development or production, or contracts as to
which a civilian official of the Department of Defense, who has been
confirmed by the Senate, determines that the award of such contract is
in the interest of the national defense.
Sec. 8048. (a) Except as provided in subsections (b) and (c), none
of the funds made available by this Act may be used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or employee's
place of duty remains at the location of that 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.
Sec. 8049. Notwithstanding section 303 of Public Law 96-487 or any
other provision of law, the Secretary of the Navy is authorized to
lease real and personal property at Naval Air Facility, Adak, Alaska,
pursuant to 10 U.S.C. 2667(f), for commercial, 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)
Sec. 8050. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts:
``Procurement of Weapons and Tracked Combat Vehicles, Army,
2001/2003'', $9,500,000;
``Procurement of Ammunition, Army, 2001/2003'', $4,000,000;
``Other Procurement, Army, 2001/2003'', $8,000,000;
``Other Procurement, Navy, 2001/2003'', $5,000,000;
``Missile Procurement, Air Force, 2001/2003'', $93,600,000;
``Missile Procurement, Army, 2002/2004'', $37,650,000;
``Procurement of Ammunition, Army, 2002/2004'', $19,000,000;
``Other Procurement, Army, 2002/2004'', $21,200,000;
``Missile Procurement, Air Force, 2002/2004'', $114,600,000;
``Research, Development, Test and Evaluation, Navy, 2002/
2003'', $1,700,000;
``Research, Development, Test and Evaluation, Air Force, 2002/
2003'', $69,000,000; and
``Research, Development, Test and Evaluation, Defense-Wide,
2002/2003'', $19,500,000.
Sec. 8051. None of the funds available in this Act may be used to
reduce the authorized positions for military (civilian) 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.
Sec. 8052. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance to
the Democratic People's Republic of North Korea unless specifically
appropriated for that purpose.
Sec. 8053. During the current fiscal year, funds appropriated in
this Act are available to compensate members of the National Guard for
duty performed pursuant to a plan submitted by a 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.
Sec. 8054. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands and Defense
Agencies shall be available for reimbursement of pay, allowances and
other expenses which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence Activities,
including the activities and programs included within the National
Foreign Intelligence Program (NFIP), the Joint Military Intelligence
Program (JMIP), and the Tactical Intelligence and Related Activities
(TIARA) aggregate: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel and
training procedures.
Sec. 8055. During the current fiscal year, none of the funds
appropriated in this Act may be used to reduce the civilian medical and
medical support personnel assigned to military treatment facilities
below the September 30, 2002 level: Provided, That the Service Surgeons
General may waive this section by certifying to the congressional
defense committees that the beneficiary population is declining in some
catchment areas and civilian strength reductions may be consistent with
responsible resource stewardship and capitation-based budgeting.
Sec. 8056. (a) Limitation on Pentagon Renovation Costs.--Not later
than the date each year on which the President submits to Congress the
budget under section 1105 of title 31, United States Code, the
Secretary of Defense shall submit to Congress a certification that the
total cost for the planning, design, 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.
Sec. 8057. Notwithstanding any other provision of law, that not
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.
Sec. 8058. (a) None of the funds available to the Department of
Defense for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency of the
United States except as specifically provided in an appropriations law.
(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)
Sec. 8059. Appropriations available in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for increasing energy and
water efficiency in Federal buildings may, during their period of
availability, be transferred to other appropriations or funds of the
Department of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available for the same
general purposes, and for the same time period, as the appropriation or
fund to which transferred.
Sec. 8060. None of the funds appropriated by this Act may be used
for the procurement of ball and roller bearings other than those
produced by a domestic source and of domestic origin: 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.
Sec. 8061. Notwithstanding any other provision of law, funds
available to the Department of Defense shall be made available to
provide transportation of medical supplies and equipment, on a
nonreimbursable basis, to American Samoa, and funds available to the
Department of Defense shall be made available to provide transportation
of medical supplies and equipment, on a nonreimbursable basis, to the
Indian Health Service when it is in conjunction with a civil-military
project.
Sec. 8062. None of the funds in this Act may be used to purchase
any supercomputer which is not manufactured in the United States,
unless the Secretary of Defense certifies to the congressional defense
committees that such an acquisition must be made in order to acquire
capability for national security purposes that is not available from
United States manufacturers.
Sec. 8063. Notwithstanding any other provision of law, the Naval
shipyards of the United States shall be eligible to participate in any
manufacturing extension program financed by funds appropriated in this
or any other Act.
Sec. 8064. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the current fiscal
year for construction or service performed in whole or in part in a
State (as defined in section 381(d) of title 10, United States Code)
which is not contiguous with another State and has an unemployment rate
in excess of the national average rate of unemployment as determined by
the Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that portion of the
contract in such State 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.
Sec. 8065. (a) None of the funds made available in this or any
other 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.
(b) None of the funds in this or any other Act may be used to
dismantle national memorials commemorating United States participation
in World War I.
Sec. 8066. (a) Limitation on Transfer of Defense Articles and
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.
Sec. 8067. To the extent authorized by subchapter VI of chapter 148
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.
Sec. 8068. None of the funds available to the Department of Defense
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.
Sec. 8069. (a) None of the funds appropriated or otherwise made
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.
(including transfer of funds)
Sec. 8070. During the current fiscal year, no more than $30,000,000
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.
Sec. 8071. During the current fiscal year, in the case of an
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.
Sec. 8072. Funds appropriated in title II of this Act and for the
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.
Sec. 8073. During the current fiscal year and hereafter, the
Secretary of Defense 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.
Sec. 8074. (a) Notwithstanding any other provision of law, the
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.
Sec. 8075. Using funds available by this Act or any other Act, the
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.
Sec. 8076. None of the funds appropriated in title IV of this Act
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.
Sec. 8077. None of the funds made available in this Act may be used
to approve or license the sale of the F-22 advanced tactical fighter to
any foreign government.
Sec. 8078. (a) The Secretary of Defense may, on a case-by-case
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.
Sec. 8079. Funds made available to the Civil Air Patrol in this Act
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.
Sec. 8080. (a) Prohibition.--None of the funds made available by
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.
Sec. 8081. The Secretary of Defense, in coordination with the
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))).
Sec. 8082. The total amount appropriated in this Act is hereby
reduced by $338,000,000 to reflect savings from favorable foreign
currency fluctuations, to be derived as follows:
``Military Personnel, Army'', $80,000,000;
``Military Personnel, Navy'', $6,500,000;
``Military Personnel, Marine Corps'', $11,000,000;
``Military Personnel, Air Force'', $29,000,000;
``Operation and Maintenance, Army'', $102,000,000;
``Operation and Maintenance, Navy'', $21,500,000;
``Operation and Maintenance, Marine Corps'', $2,000,000;
``Operation and Maintenance, Air Force'', $46,000,000; and
``Operation and Maintenance, Defense-Wide'', $40,000,000.
Sec. 8083. None of the funds appropriated or made available in this
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.
Sec. 8084. None of the funds appropriated or otherwise made
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.
Sec. 8085. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ``Research, Development,
Test and Evaluation, Defense-Wide'' for any advanced concept technology
demonstration project may only be obligated 30 days after a report,
including a description of the project and its estimated annual and
total cost, has been provided in writing to the congressional defense
committees: Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the congressional
defense committees that it is in the national interest to do so.
Sec. 8086. Notwithstanding any other provision of law, for the
purpose of establishing all Department of Defense policies governing
the provision of care provided by and financed under the military
health care system's case management program under 10 U.S.C.
1079(a)(17), the term ``custodial care'' shall be defined as care
designed essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision of trained
medical, nursing, paramedical or other specially trained individuals:
Provided, That the case management program shall provide that members
and retired members of the military services, and their dependents and
survivors, have access to all medically necessary health care through
the health care delivery system of the military services regardless of
the health care status of the person seeking the health care: Provided
further, That the case management program shall be the primary obligor
for payment of medically necessary services and shall not be considered
as secondarily liable to title XIX of the Social Security Act, other
welfare programs or charity based care.
Sec. 8087. During the current fiscal year, refunds attributable to
the use of the Government travel card, refunds attributable to the use
of the Government Purchase Card and refunds attributable to official
Government travel arranged by Government Contracted Travel Management
Centers may be credited to operation and maintenance accounts of the
Department of Defense which are current when the refunds are received.
Sec. 8088. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None of the
funds appropriated in this Act may be used for a mission critical or
mission essential financial management information technology system
(including a system funded by the defense working capital fund) that is
not registered with the Chief Information Officer of the Department of
Defense. A system shall be considered to be registered with that
officer upon the furnishing to that officer of notice of the system,
together with such information concerning the system as the Secretary
of Defense may prescribe. A financial management information technology
system shall be considered a mission critical or mission essential
information technology system as defined by the Under Secretary of
Defense (Comptroller).
(b) Certifications as to Compliance With Financial Management
Modernization Plan.--
(1) During the current fiscal year, a financial management
major automated information system may not receive Milestone A
approval, Milestone B approval, or full rate production, or their
equivalent, within the Department of Defense until the Under
Secretary of Defense (Comptroller) certifies, with respect to that
milestone, that the system is being developed and managed in
accordance with the Department's Financial Management Modernization
Plan. The Under Secretary of Defense (Comptroller) may require
additional certifications, as appropriate, with respect to any such
system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen Act.--(1)
During the current fiscal year, a major automated information system
may not receive Milestone A approval, Milestone B approval, or full
rate production approval, or their equivalent, within the Department of
Defense until the Chief Information Officer certifies, with respect to
that milestone, that the system is being developed in accordance with
the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the congressional
defense committees timely notification of certifications under
paragraph (1). Each such notification shall include, at a minimum, the
funding baseline and milestone schedule for each system covered by such
a certification and confirmation that the following steps have been
taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the return
on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the Secretary
of Defense pursuant to section 3506 of title 44, United States
Code.
(2) The term ``information technology system'' has the meaning
given the term ``information technology'' in section 5002 of the
Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive 5000.1.
Sec. 8089. During the current fiscal year, none of the funds
available to the Department of Defense may be used to provide support
to another department or agency of the United States if such department
or agency is more than 90 days in arrears in making payment to the
Department of Defense for goods or services previously provided to such
department or agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized by law to
provide support to such department or agency on a nonreimbursable
basis, and is providing the requested support pursuant to such
authority: 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.
Sec. 8090. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the
Department of Defense that has a center-fire cartridge and a United
States military nomenclature designation of ``armor penetrator'',
``armor piercing (AP)'', ``armor piercing incendiary (API)'', or
``armor-piercing incendiary-tracer (API-T)'', except to an entity
performing demilitarization services for the Department of Defense
under a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture ammunition
pursuant to a contract with the Department of Defense or the
manufacture of ammunition for export pursuant to a License for
Permanent Export of Unclassified Military Articles issued by the
Department of State.
Sec. 8091. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under 10
U.S.C. 2667, in the case of a lease of personal property for a period
not in excess of 1 year to any organization specified in 32 U.S.C.
508(d), or any other youth, social, or fraternal non-profit
organization as may be approved by the Chief of the National Guard
Bureau, or his designee, on a case-by-case basis.
Sec. 8092. None of the funds appropriated by this Act shall be used
for the support of any nonappropriated funds activity of the Department
of Defense that procures malt beverages and wine with nonappropriated
funds for resale (including such alcoholic beverages sold by the drink)
on a military installation located in the United States unless such
malt beverages and wine are procured within that State, or in the case
of the District of Columbia, within the District of Columbia, in which
the military installation is located: Provided, That in a case in which
the military installation is located in more than one State, purchases
may be made in any State in which the installation is located: Provided
further, That such local procurement requirements for malt beverages
and wine shall apply to all alcoholic beverages only for military
installations in States which are not contiguous with another State:
Provided further, That alcoholic beverages other than wine and malt
beverages, in contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other factors
considered.
Sec. 8093. During the current fiscal year and hereafter, under
regulations prescribed by the Secretary of Defense, the Center of
Excellence for Disaster Management and Humanitarian Assistance may also
pay, or authorize payment for, the expenses of providing or
facilitating education and training for appropriate military and
civilian personnel of foreign countries in disaster management, peace
operations, and humanitarian assistance.
Sec. 8094. (a) The Department of Defense is authorized to enter
into agreements with the Department of Veterans Affairs and federally-
funded health agencies providing services to Native Hawaiians for the
purpose of establishing a partnership similar to the Alaska Federal
Health Care Partnership, in order to maximize Federal resources in the
provision of health care services by federally-funded health agencies,
applying telemedicine technologies. For the purpose of this
partnership, Native Hawaiians shall have the same status as other
Native Americans who are eligible for the health care services provided
by the Indian Health Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No. 13084 (issued
May 14, 1998), with Native Hawaiians for the purpose of assuring
maximum Native Hawaiian participation in the direction and
administration of governmental services so as to render those services
more responsive to the needs of the Native Hawaiian community.
(c) For purposes of this section, the term ``Native Hawaiian''
means any individual who is a descendant of the aboriginal people who,
prior to 1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
(including transfer of funds)
Sec. 8095. Of the amounts appropriated in this Act under the
heading ``Research, Development, Test and Evaluation, Defense-Wide'',
$136,000,000 shall be made available for the Arrow missile defense
program: Provided, That of this amount, $66,000,000 shall be available
for the purpose of continuing the Arrow System Improvement Program
(ASIP), and $70,000,000 shall be available for the purpose of producing
Arrow missile components in the United States and Arrow missile
components and missiles in Israel to meet Israel's defense
requirements, consistent with each nation's laws, regulations and
procedures: Provided further, That funds made available under this
provision for production of missiles and missile components may be
transferred to appropriations available for the procurement of weapons
and equipment, to be merged with and to be available for the same time
period and the same purposes as the appropriation to which transferred:
Provided further, That the transfer authority provided under this
provision is in addition to any other transfer authority contained in
this Act.
Sec. 8096. Funds available to the Department of Defense for the
Global Positioning System during the current fiscal year may be used to
fund civil requirements associated with the satellite and ground
control segments of such system's modernization program.
(including transfer of funds)
Sec. 8097. Of the amounts appropriated in this Act under the
heading, ``Operation and Maintenance, Defense-Wide'', $68,000,000 shall
remain available until expended: Provided, That notwithstanding any
other provision of law, the Secretary of Defense is authorized to
transfer such funds to other activities of the Federal Government.
Sec. 8098. Section 8106 of the Department of Defense Appropriations
Act, 1997 (titles I through VIII of the matter under subsection 101(b)
of Public Law 104-208; 110 Stat. 3009-111; 10 U.S.C. 113 note) shall
continue in effect to apply to disbursements that are made by the
Department of Defense in fiscal year 2003.
Sec. 8099. In addition to amounts provided in this Act, $1,700,000
is hereby appropriated for ``Defense Health Program'', to remain
available for obligation until expended: Provided, That notwithstanding
any other provision of law, these funds shall be available only for a
grant to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or
hospitalization of an eligible military beneficiary.
Sec. 8100. Notwithstanding any other provision of this Act, the
total amount appropriated in this Act is hereby reduced by
$850,000,000, to reflect savings to be achieved from business process
reforms, management efficiencies, and procurement of administrative and
management support, to be distributed as follows:
``Operation and Maintenance, Army'', $26,000,000;
``Operation and Maintenance, Navy'', $60,300,000;
``Operation and Maintenance, Marine Corps'', $8,400,000;
``Operation and Maintenance, Air Force'', $91,200,000;
``Operation and Maintenance, Defense-Wide'', $199,000,000;
``Operation and Maintenance, Army Reserve'', $5,900,000;
``Operation and Maintenance, Marine Corps Reserve'', $900,000;
``Operation and Maintenance, Air Force Reserve'', $1,000,000;
``Operation and Maintenance, Army National Guard'', $4,300,000;
``Operation and Maintenance, Air National Guard'', $2,600,000;
``Aircraft Procurement, Army'', $3,700,000;
``Missile Procurement, Army'', $1,100,000;
``Procurement of Weapons and Tracked Combat Vehicles, Army'',
$3,100,000;
``Other Procurement, Army'', $17,700,000;
``Aircraft Procurement, Navy'', $22,800,000;
``Weapons Procurement, Navy'', $4,800,000;
``Procurement of Ammunition, Navy and Marine Corps'',
$1,000,000;
``Shipbuilding and Conversion, Navy'', $15,700,000;
``Other Procurement, Navy'', $7,200,000;
``Procurement, Marine Corps'', $2,600,000;
``Aircraft Procurement, Air Force'', $9,700,000;
``Missile Procurement, Air Force'', $6,200,000;
``Other Procurement, Air Force'', $6,200,000;
``Procurement, Defense-Wide'', $1,200,000;
``Research, Development, Test and Evaluation, Army'',
$23,500,000;
``Research, Development, Test and Evaluation, Navy'',
$55,700,000;
``Research, Development, Test and Evaluation, Air Force'',
$66,200,000;
``Research, Development, Test and Evaluation, Defense-Wide'',
$154,000,000;
``Operational Test and Evaluation, Defense'', $5,000,000;
``National Defense Sealift Fund'', $1,000,000;
``Defense Health Program'', $12,000,000;
``Chemical Agents and Munitions Destruction, Army'',
$20,000,000; and
``Drug Interdiction and Counter-Drug Activities, Defense'',
$10,000,000:
Provided, That these reductions shall be applied proportionally to each
budget activity, activity group and subactivity group and each program,
project, and activity within each appropriation account: Provided
further, That none of the funds provided in this Act may be used for
consulting and advisory services for legislative affairs and
legislative liaison functions.
(including transfer of funds)
Sec. 8101. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $1,279,899,000 shall be
available until September 30, 2003, to fund prior year shipbuilding
cost increases: Provided, That upon enactment of this Act, the
Secretary of the Navy shall transfer such funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred:
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1996/03'':
LPD-17 Amphibious Transport Dock Ship Program,
$300,681,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1998/03'':
DDG-51 Destroyer Program, $76,100,000;
New SSN, $190,882,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
1999/03'':
DDG-51 Destroyer Program, $93,736,000;
LPD-17 Amphibious Transport Dock Ship Program,
$82,000,000;
New SSN, $135,800,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2000/03'':
DDG-51 Destroyer Program, $51,724,000;
LPD-17 Amphibious Transport Dock Ship Program,
$187,000,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2001/03'':
DDG-51 Destroyer Program, $63,976,000; and
Under the heading, ``Shipbuilding and Conversion, Navy,
2002/03'':
DDG-51 Destroyer Program, $98,000,000.
Sec. 8102. The Secretary of the Navy may settle, or compromise, and
pay any and all admiralty claims under 10 U.S.C. 7622 arising out of
the collision involving the U.S.S. GREENEVILLE and the EHIME MARU, in
any amount and without regard to the monetary limitations in
subsections (a) and (b) of that section: Provided, That such payments
shall be made from funds available to the Department of the Navy for
operation and maintenance.
Sec. 8103. The total amount appropriated in title II of this Act is
hereby reduced by $97,000,000, to reflect savings attributable to
improved supervision in determining appropriate purchases to be made
using the Government purchase card, to be derived as follows:
``Operation and Maintenance, Army'', $24,000,000;
``Operation and Maintenance, Navy'', $29,000,000;
``Operation and Maintenance, Marine Corps'', $3,000,000;
``Operation and Maintenance, Air Force'', $27,000,000; and
``Operation and Maintenance, Defense-Wide'', $14,000,000.
Sec. 8104. Funds provided for the current fiscal year or hereafter
for Operation and maintenance for the Armed Forces may be used,
notwithstanding any other provision of law, for the purchase of
ultralightweight camouflage net systems as unit spares.
(including transfer of funds)
Sec. 8105. During the current fiscal year and for fiscal years 2004
and 2005, notwithstanding any other provision of law, the Secretary of
Defense may transfer not more than $20,000,000 of unobligated balances
remaining in a Research, Development, Test and Evaluation, Army
appropriation account during the last fiscal year before the account
closes under section 1552 of title 31 United States Code, to a current
Research, Development, Test and Evaluation, Army appropriation account
to be used only for the continuation of the Venture Capital Fund
demonstration, as originally approved in Section 8150 of Public Law
107-117, to pursue high payoff technology and innovations in science
and technology: Provided, That any such transfer shall be made not
later than July 31 of each year: Provided further, That funds so
transferred shall be merged with and shall be available for the same
purposes and for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority provided in
this section is in addition to any other transfer authority available
to the Department of Defense: Provided further, That no funds for
programs, projects, or activities designated as special congressional
interest items in DD Form 1414 shall be eligible for transfer under the
authority of this section: Provided further, That any unobligated
balances transferred under this authority may be restored to the
original appropriation if required to cover unexpected upward
adjustments: Provided further, That the Secretary of the Army shall
provide an annual report to the House and Senate Appropriations
Committees no later than 15 days prior to the annual transfer of funds
under authority of this section describing the sources and amounts of
funds proposed to be transfered, summarizing the projects funded under
this demonstration program (including the name and location of project
sponsors) to date, a description of the major program accomplishments
to date, and an overall assessment of the benefits of this
demonstration program compared to the goals expressed in the
legislative history accompanying Section 8150 of Public Law 107-117.
Sec. 8106. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may exercise the provisions of 38
U.S.C. 7403(g) for occupations listed in 38 U.S.C. 7403(a)(2) as well
as the following:
Pharmacists, Audiologists, and Dental Hygienists.
(A) The requirements of 38 U.S.C. 7403(g)(1)(A) shall
apply.
(B) The limitations of 38 U.S.C. 7403(g)(1)(B) shall not
apply.
Sec. 8107. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2003 until the enactment of the Intelligence Authorization Act for
fiscal year 2003.
Sec. 8108. In addition to funds made available elsewhere in this
Act $7,750,000 is hereby appropriated and shall remain available until
expended to provide assistance, by grant or otherwise (such as, but not
limited to, the provision of funds for repairs, maintenance,
construction, and/or for the purchase of information technology, text
books, teaching resources), to public schools 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, and all schools within these school
systems shall be eligible for assistance: 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, and of which 2 percent shall be
available to support the administration and execution of the funds:
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: Provided further, That $2,750,000 shall be
available for a grant to the Central Kitsap School District,
Washington.
Sec. 8109. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by
$400,000,000, to reduce cost growth in information technology
development, to be distributed as follows:
``Operation and Maintenance, Defense-Wide'', $19,500,000;
``Other Procurement, Army'', $53,200,000;
``Other Procurement, Navy'', $20,600,000;
``Procurement, Marine Corps'', $3,400,000;
``Other Procurement, Air Force'', $12,000,000;
``Procurement, Defense-Wide'', $3,500,000;
``Research, Development, Test and Evaluation, Army'',
$17,700,000;
``Research, Development, Test and Evaluation, Navy'',
$25,600,000;
``Research, Development, Test and Evaluation, Air Force'',
$27,200,000;
``Research, Development, Test and Evaluation, Defense-Wide'',
$36,600,000;
``Defense Working Capital Funds'', $148,600,000; and
``Defense Health Program'', $32,100,000:
Provided, That these reductions shall be applied proportionally to each
budget activity, activity group and subactivity group and each program,
project, and activity within each appropriation account.
Sec. 8110. Notwithstanding section 1116(c) of title 10, United
States Code, payments into the Department of Defense Medicare-Eligible
Retiree Health Care Fund for fiscal year 2003 under section 1116(a) of
such title shall be made from funds available in this Act for the pay
of military personnel.
Sec. 8111. None of the funds in this Act may be used to initiate a
new start program without prior notification to the Office of Secretary
of Defense and the congressional defense committees.
Sec. 8112. The amount appropriated in title II of this Act is
hereby reduced by $120,000,000, to reflect Working Capital Fund cash
balance and rate stabilization adjustments, to be derived as follows:
``Operation and Maintenance, Navy'', $120,000,000.
Sec. 8113. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $48,000,000,
to reduce excess funded carryover, to be derived as follows:
``Operation and Maintenance, Army'', $48,000,000.
Sec. 8114. Of the amounts appropriated in title II of this Act, not
less than $1,000,000,000 is available for operations of the Department
of Defense to prosecute the war on terrorism.
Sec. 8115. (a) In addition to the amounts provided elsewhere in
this Act, the amount of $3,400,000 is hereby appropriated to the
Department of Defense for ``Operation and Maintenance, Army National
Guard''. Such amount shall be made available to the Secretary of the
Army only to make a grant in the amount of $3,400,000 to the entity
specified in subsection (b) to facilitate access by veterans to
opportunities for skilled employment in the construction industry.
(b) The entity referred to in subsection (a) is the Center for
Military Recruitment, Assessment and Veterans Employment, a nonprofit
labor-management co-operation committee provided for by section
302(c)(9) of the Labor-Management Relations Act, 1947 (29 U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of the Labor
Management Cooperation Act of 1978 (29 U.S.C. 175a note).
Sec. 8116. (a) During the current fiscal year, funds available to
the Secretary of a military department for Operation and Maintenance
may be used for the purposes stated in subsection (b) to support
chaplain-led programs to assist members of the Armed Forces and their
immediate family members in building and maintaining a strong family
structure.
(b) The purposes referred to in subsection (a) are costs of
transportation, food, lodging, supplies, fees, and training materials
for members of the Armed Forces and their family members while
participating in such programs, including participation at retreats and
conferences.
Sec. 8117. Section 8159 of the Department of Defense Appropriations
Act, 2002 (division A of Public Law 107-117; 115 Stat. 2284), is
revised as follows:
(1) in subsection (c) by inserting at the end of paragraph (1)
the following new sentence: ``Notwithstanding the provisions of
Section 3324 of Title 31, United States Code, payment for the
acquisition of leasehold interests under this section may be made
for each annual term up to one year in advance.''.
(2) by adding the following paragraph (g):
``(g) Notwithstanding any other provision of law, any payments
required for a lease entered into under this Section, or any payments
made pursuant to subsection (c)(3) above, may be made from
appropriations available for operation and maintenance or for lease or
procurement of aircraft at the time that the lease takes effect;
appropriations available for operation and maintenance or for lease or
procurement of aircraft at the time that the payment is due; or funds
appropriated for those payments.''.
Sec. 8118. (a) Limitation on Additional NMCI Contract Work
Stations.--Notwithstanding section 814 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (as enacted into law by
Public Law 106-398; 114 Stat. 1654A-215) or any other provision of law,
the total number of work stations provided under the Navy-Marine Corps
Intranet contract (as defined in subsection (i) of such section 814)
may not exceed 160,000 work stations until the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the Chief
Information Officer of the Department of Defense certify to the
congressional defense committees that all of the conditions specified
in subsection (b) have been satisfied.
(b) Conditions.--The conditions referred to in subsection (a) are
the following:
(1) The Commander of the Navy Operational Test and Evaluation
Force conducts an operational assessment of the work stations that
have been fully transitioned to the Navy-Marine Corps Intranet, as
defined in the Test and Evaluation Strategy Plan for the Navy-
Marine Corps Intranet approved on September 4, 2002.
(2) The results of the assessment are submitted to the Under
Secretary of Defense for Acquisition, Technology, and Logistics and
the Chief Information Officer of the Department of Defense, and
they determine that the results of the assessment are acceptable.
Sec. 8119. None of the funds in this Act, excluding funds provided
for advance procurement of fiscal year 2004 aircraft, may be obligated
for acquisition of more than 16 F-22 aircraft until the Under Secretary
of Defense for Acquisition, Technology, and Logistics has provided to
the congressional defense committees:
(a) A formal risk assessment which identifies and characterizes the
potential cost, technical, schedule or other significant risks
resulting from increasing the F-22 procurement quantities prior to the
conclusion of Dedicated Initial Operational Test and Evaluation
(DIOT&E) of the aircraft: Provided, That such risk assessment shall
evaluate, based on the best available current information: (1) the
range of potential additional program costs (compared to the program
costs assumed in the President's fiscal year 2003 budget) that could
result from retrofit modifications to F-22 production aircraft that are
placed under contract or delivered to the government prior to the
conclusion of DIOT&E; and (2) a cost-benefit analysis comparing, in
terms of unit cost and total program cost, the cost advantages of
increasing aircraft production at this time to the potential cost of
retrofitting production aircraft once DIOT&E has been completed; and
(b) Certification that increasing the F-22 production quantity for
fiscal year 2003 beyond 16 airplanes involves lower risk and lower
total program cost than staying at that quantity, or he submits a
revised production plan, funding plan and test schedule.
(including transfer of funds)
Sec. 8120. Section 305(a) of the Emergency Supplemental Act, 2002
(division B of Public Law 107-117; 115 Stat. 2300), is amended by
adding at the end the following new sentences: ``From amounts
transferred to the Pentagon Reservation Maintenance Revolving Fund
pursuant to the preceding sentence, not to exceed $305,000,000 may be
transferred to the Defense Emergency Response Fund, but only in amounts
necessary to reimburse that fund (and the category of that fund
designated as `Pentagon Repair/Upgrade') for expenses charged to that
fund (and that category) between September 11, 2001, and February 19,
2002, for reconstruction costs of the Pentagon Reservation. Funds
transferred to the Defense Emergency Response Fund pursuant to this
section shall be available only for reconstruction, recovery, force
protection, or security enhancements for the Pentagon Reservation.''.
Sec. 8121. Financing and Fielding of Key Army Capabilities. The
Department of Defense and the Department of the Army shall make future
budgetary and programming plans to fully finance the Non-Line of Sight
(NLOS) Objective Force cannon and resupply vehicle program in order to
field this system in the 2008 timeframe. As an interim capability to
enhance Army lethality, survivability, and mobility for light and
medium forces before complete fielding of the Objective Force, the Army
shall ensure that budgetary and programmatic plans will provide for no
fewer than six Stryker Brigade Combat Teams to be fielded between 2003
and 2008.
Sec. 8122. (a) Management of Chemical Demilitarization Activities
at Bluegrass Army Depot, Kentucky.--If a technology other than the
baseline incineration program is selected for the destruction of lethal
chemical munitions pursuant to section 142 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 1521 note), the program manager for the Assembled
Chemical Weapons Assessment shall be responsible for management of the
construction, operation, and closure, and any contracting relating
thereto, of chemical demilitarization activities at Bluegrass Army
Depot, Kentucky, including management of the pilot-scale facility phase
of the alternative technology.
(b) Management of Chemical Demilitarization Activities at Pueblo
Depot, Colorado.--The program manager for the Assembled Chemical
Weapons Assessment shall be responsible for management of the
construction, operation, and closure, and any contracting relating
thereto, of chemical demilitarization activities at Pueblo Army Depot,
Colorado, including management of the pilot-scale facility phase of the
alternative technology selected for the destruction of lethal chemical
munitions.
Sec. 8123. Of the total amount appropriated pursuant to this Act
for any selected component of the Department of Defense that the
Director of the Office of Management and Budget determines shall
require audited financial statements under subsection (c) of section
3515 of title 31, United States Code, not more than 99 percent may be
expended until the Inspector General of the Department of Defense
certifies to the Congress of the United States that the head of the
affected agency has made a formal decision as to whether to audit
vouchers of the agency pursuant to section 3521(b) of title 31, United
States Code: Provided, That such certification shall include a written
assessment of the agency head's decision by the Inspector General.
Sec. 8124. Of the funds made available under the heading
``Operation and Maintenance, Air Force'', $8,000,000 shall be available
to realign railroad track on Elmendorf Air Force Base and Fort
Richardson.
(transfer of funds)
Sec. 8125. Upon enactment of this Act, the Secretary of the Navy
shall make the following transfers of funds: Provided, That the amounts
transferred shall be available for the same purpose as the
appropriations to which transferred, and for the same time period as
the appropriation from which transferred: Provided further, That the
amounts shall be transferred between the following appropriations in
the amount specified:
From:
Under the heading, ``Shipbuilding and Conversion, Navy,
1994/2003'':
DDG-51 Destroyer program, $7,900,000;
LHD-1 Amphibious Assault Ship program, $6,500,000;
Oceanographic Ship program, $3,416,000;
Craft, outfitting, post delivery, first destination
transportation, $1,800,000;
Mine warfare command and control ship, $604,000;
To:
Under the heading, ``Shipbuilding and Conversion, Navy,
1999/2003'':
LPD-17 Amphibious Transport Dock Ship program,
$20,220,000.
Sec. 8126. Of the amounts appropriated in Public Law 107-206 under
the heading ``Defense Emergency Response Fund'', an amount up to the
fair market value of the leasehold interest in adjacent properties
necessary for the force protection requirements of Tooele Army Depot,
Utah, may be made available to resolve any property disputes associated
with Tooele Army Depot, Utah, and to acquire such leasehold interest as
required: Provided, That none of these funds may be used to acquire fee
title to the properties.
Sec. 8127. Up to $3,000,000 of the funds appropriated under the
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.
Sec. 8128. Of the total amount appropriated by this Act under the
heading ``Operation and Maintenance, Defense-Wide'', $3,000,000 may be
available for payments under section 363 of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (as enacted
into law by Public Law 106-398; 114 Stat. 1654A-77).
Sec. 8129. In addition to the amounts appropriated or otherwise
made available in this Act, $8,100,000, to remain available until
September 30, 2003, is hereby appropriated to the Department of
Defense: Provided, That the Secretary of Defense shall make grants in
the amount of $2,800,000 to the American Red Cross for Armed Forces
Emergency Services; $2,800,000 to the United Service Organizations,
Incorporated; and $2,500,000 to the Intrepid Sea-Air-Space Foundation.
Sec. 8130. None of the funds appropriated in this Act under the
heading ``Overseas Contingency Operations Transfer Fund'' may be
transferred or obligated for Department of Defense expenses not
directly related to the conduct of overseas contingencies: Provided,
That the Secretary of Defense shall submit a report no later than 30
days after the end of each fiscal quarter to the Committees on
Appropriations of the Senate and House of Representatives that details
any transfer of funds from the ``Overseas Contingency Operations
Transfer Fund'': Provided further, That the report shall explain any
transfer for the maintenance of real property, pay of civilian
personnel, base operations support, and weapon, vehicle or equipment
maintenance.
Sec. 8131. For purposes of section 1553(b) of title 31, United
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.
Sec. 8132. The budget of the President for fiscal year 2004
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 2002 and
2003.
Sec. 8133. Notwithstanding any other provision in this Act, the
total amount appropriated in this Act is hereby reduced by $59,260,000,
to reduce cost growth in travel, to be distributed as follows:
``Operation and Maintenance, Army'', $14,000,000;
``Operation and Maintenance, Navy'', $9,000,000;
``Operation and Maintenance, Marine Corps'', $10,000,000;
``Operation and Maintenance, Air Force'', $15,000,000; and
``Operation and Maintenance, Defense-Wide'', $11,260,000.
Sec. 8134. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
(INCLUDING RESCISSIONS)
Sec. 8135. (a) The total amount appropriated or otherwise made
available in titles II, III, and IV of this Act is hereby reduced by
$1,374,000,000 to reflect revised economic assumptions: Provided, That
the Secretary of Defense shall allocate this reduction proportionately
to each budget activity, activity group, subactivity group, and each
program, project, and activity within each 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
subcontracts 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 to determine the requirements of the
Navy for providing lift support for mine warfare ships and other
vessels.
Sec. 8143. (a) Congress finds that--
(1) the Medal of Honor is the highest award for valor in action
against an enemy force which can be bestowed upon an individual
serving in the Armed Forces of the United States;
(2) the Medal of Honor was established by Congress during the
Civil War to recognize soldiers who had distinguished themselves by
gallantry in action;
(3) the Medal of Honor was conceived by Senator James Grimes of
the State of Iowa in 1861; and
(4) the Medal of Honor is the Nation's highest military honor,
awarded for acts of personal bravery or self-sacrifice above and
beyond the call of duty.
(b)(1) Chapter 9 of title 36, United States Code, is amended by
adding at the end the following new section:
``Sec. 903. Designation of Medal of Honor Flag
``(a) Designation.--The Secretary of Defense shall design and
designate a flag as the Medal of Honor Flag. In selecting the design
for the flag, the Secretary shall consider designs submitted by the
general public.
``(b) Presentation.--The Medal of Honor Flag shall be presented as
specified in sections 3755, 6257, and 8755 of title 10 and section 505
of title 14.''.
(2) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``903. Designation of Medal of Honor Flag.''.
(c)(1)(A) Chapter 357 of title 10, United States Code, is amended
by adding at the end the following new section:
``Sec. 3755. Medal of honor: presentation of Medal of Honor Flag
``The President shall provide for the presentation of the Medal of
Honor Flag designated under section 903 of title 36 to each person to
whom a medal of honor is awarded under section 3741 of this title after
the date of the enactment of this section. Presentation of the flag
shall be made at the same time as the presentation of the medal under
section 3741 or 3752(a) of this title.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``3755. Medal of honor: presentation of Medal of Honor Flag.''.
(2)(A) Chapter 567 of such title is amended by adding at the end
the following new section:
``Sec. 6257. Medal of honor: presentation of Medal of Honor Flag
``The President shall provide for the presentation of the Medal of
Honor Flag designated under section 903 of title 36 to each person to
whom a medal of honor is awarded under section 6241 of this title after
the date of the enactment of this section. Presentation of the flag
shall be made at the same time as the presentation of the medal under
section 6241 or 6250 of this title.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``6257. Medal of honor: presentation of Medal of Honor Flag.''.
(3)(A) Chapter 857 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 8755. Medal of honor: presentation of Medal of Honor Flag
``The President shall provide for the presentation of the Medal of
Honor Flag designated under section 903 of title 36 to each person to
whom a medal of honor is awarded under section 8741 of this title after
the date of the enactment of this section. Presentation of the flag
shall be made at the same time as the presentation of the medal under
section 8741 or 8752(a) of this title.''.
(B) The table of sections at the beginning of such chapter is
amended by adding at the end the following new item:
``8755. Medal of honor: presentation of Medal of Honor Flag.''.
(4)(A) Chapter 13 of title 14, United States Code, is amended by
inserting after section 504 the following new section:
``Sec. 505. Medal of honor: presentation of Medal of Honor Flag
``The President shall provide for the presentation of the Medal of
Honor Flag designated under section 903 of title 36 to each person to
whom a medal of honor is awarded under section 491 of this title after
the date of the enactment of this section. Presentation of the flag
shall be made at the same time as the presentation of the medal under
section 491 or 498 of this title.''.
(B) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 504 the
following new item:
``505. Medal of honor: presentation of Medal of Honor Flag.''.
(d) The President shall provide for the presentation of the Medal
of Honor Flag designated under section 903 of title 36, United States
Code, as added by subsection (b), to each person awarded the Medal of
Honor before the date of enactment of this Act who is living as of that
date. Such presentation shall be made as expeditiously as possible
after the date of the designation of the Medal of Honor Flag by the
Secretary of Defense under such section.
Sec. 8144. (a) The conditions described in section 1305 of the
National Defense Authorization Act for Fiscal Year 2000 (Public Law
106-65; 22 U.S.C. 5952 note) shall not apply to the obligation and
expenditure of funds for fiscal years 2000, 2001, 2002 and 2003 for the
planning, design, or construction of a chemical weapons destruction
facility in Russia if the President submits to Congress a written
certification that includes--
(1) a statement as to why waiving the conditions is important
to the national security interests of the United States;
(2) a full and complete justification for exercising this
waiver; and
(3) a plan to promote a full and accurate disclosure by Russia
regarding the size, content, status, and location of its chemical
weapons stockpile.
(b) Expiration of Authority.--The authority under paragraph (a)
shall expire on September 30, 2003.
Sec. 8145. Effective as of August 2, 2002, the 2002 Supplemental
Appropriations Act for Further Recovery From and Response To Terrorist
Attacks on the United States (Public Law 107-206) is amended--
(1) in section 305(a) (116 Stat. 840), by striking ``fiscal
year 2002'' and inserting ``fiscal years 2002 and 2003''; and
(2) in section 309 (116 Stat. 841), by striking ``of'' after
``instead''.
Sec. 8146. The Secretary of Defense may modify the grant made to
the State of Maine pursuant to section 310 of the 2002 Supplemental
Appropriations Act for Further Recovery From and Response To Terrorist
Attacks on the United States (Public Law 107-206) such that the
modified grant is for purposes of supporting community adjustment
activities relating to the closure of the Naval Security Group
Activity, Winter Harbor, Maine (the naval base on Schoodic Point,
within Acadia National Park), and the reuse of such Activity, including
reuse as a research and education center the activities of which may be
consistent with the purposes of Acadia National Park, as determined by
the Secretary of the Interior. The grant may be so modified not later
than 60 days after the date of the enactment of this Act.
Sec. 8147. None of the funds appropriated by this Act may be used
for leasing of transport/VIP aircraft under any contract entered into
under any procurement procedures other than pursuant to the Competition
and Contracting Act.
Sec. 8148. (a) Funds appropriated by title II under the heading
``Operation and Maintenance, Defense-Wide'' may be used by the Military
Community and Family Policy Office of the Department of Defense for the
operation of multidisciplinary, impartial domestic violence fatality
review teams of the Department of Defense that operate on a
confidential basis.
(b) Of the total amount appropriated by title II under the heading
``Operation and Maintenance, Defense-Wide'', $5,000,000 may be used for
an advocate of victims of domestic violence to provide confidential
assistance to victims of domestic violence at military installations.
(c) Not later than June 30, 2003, the Secretary of Defense shall
submit to the Congress a report on the implementation of the
recommendations included in the reports submitted to the Secretary by
the Defense Task Force on Domestic Violence.
Sec. 8149. (a) Limitation on Number of Government Charge Card
Accounts during Fiscal Year 2003.--The total number of accounts for
government purchase charge cards and government travel charge cards for
Department of Defense personnel during fiscal year 2003 may not exceed
1,500,000 accounts.
(b) Requirement for Creditworthiness for Issuance of Government
Charge Card.--(1) The Secretary of Defense shall evaluate the
creditworthiness of an individual before issuing the individual a
government purchase charge card or government travel charge card.
(2) An individual may not be issued a government purchase charge
card or government travel charge card if the individual is found not
credit worthy as a result of the evaluation under paragraph (1).
(c) Disciplinary Action for Misuse of Government Charge Card.--(1)
The Secretary shall establish guidelines and procedures for
disciplinary actions to be taken against Department personnel for
improper, fraudulent, or abusive use of government purchase charge
cards and government travel charge cards.
(2) The guidelines and procedures under this subsection shall
include appropriate disciplinary actions for use of charge cards for
purposes, and at establishments, that are inconsistent with the
official business of the Department or with applicable standards of
conduct.
(3) The disciplinary actions under this subsection may include--
(A) the review of the security clearance of the individual
involved; and
(B) the modification or revocation of such security clearance
in light of the review.
(4) The guidelines and procedures under this subsection shall apply
uniformly among the Armed Forces and among the elements of the
Department.
(d) Report.--Not later than June 30, 2003, the Secretary shall
submit to the congressional defense committees a report on the
implementation of the requirements and limitations in this section,
including the guidelines and procedures established under subsection
(c).
Sec. 8150. Notwithstanding any provision of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) or any other provision of law, the
Secretary of the Navy shall transfer administrative jurisdiction of the
portion of the former Charleston Naval Base, South Carolina, comprising
a law enforcement training facility of the Department of Justice,
together with any improvements thereon, to the head of the department
of the Federal Government having jurisdiction of the Border Patrol as
of the date of the transfer under this section.
TITLE IX--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Commercial Reusable In-Space
Transportation Act of 2002''.
SEC. 902. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to encourage the production
of cost-effective, in-space transportation systems, which would be
built and operated by the private sector on a commercial basis.
(2) The use of reusable in-space transportation systems will
enhance performance levels of in-space operations, enhance
efficient and safe disposal of satellites at the end of their
useful lives, and increase the capability and reliability of
existing ground-to-space launch vehicles.
(3) Commercial reusable in-space transportation systems will
enhance the economic well-being and national security of the United
States by reducing space operations costs for commercial and
national space programs and by adding new space capabilities to
space operations.
(4) Commercial reusable in-space transportation systems will
provide new cost-effective space capabilities (including orbital
transfers from low altitude orbits to high altitude orbits and
return, the correction of erroneous satellite orbits, and the
recovery, refurbishment, and refueling of satellites) and the
provision of upper stage functions to increase ground-to-orbit
launch vehicle payloads to geostationary and other high energy
orbits.
(5) Commercial reusable in-space transportation systems can
enhance and enable the space exploration of the United States by
providing lower cost trajectory injection from earth orbit, transit
trajectory control, and planet arrival deceleration to support
potential National Aeronautics and Space Administration missions to
Mars, Pluto, and other planets.
(6) Satellites stranded in erroneous earth orbit due to
deficiencies in their launch represent substantial economic loss to
the United States and present substantial concerns for the current
backlog of national space assets.
(7) Commercial reusable in-space transportation systems can
provide new options for alternative planning approaches and risk
management to enhance the mission assurance of national space
assets.
(8) Commercial reusable in-space transportation systems
developed by the private sector can provide in-space transportation
services to the National Aeronautics and Space Administration, the
Department of Defense, the National Reconnaissance Office, and
other agencies without the need for the United States to bear the
cost of production of such systems.
(9) The availability of loan guarantees, with the cost of
credit risk to the United States paid by the private-sector, is an
effective means by which the United States can help qualifying
private-sector companies secure otherwise unattainable private
financing for the production of commercial reusable in-space
transportation systems, while at the same time minimizing
Government commitment and involvement in the development of such
systems.
SEC. 903. LOAN GUARANTEES FOR PRODUCTION OF COMMERCIAL REUSABLE IN-
SPACE TRANSPORTATION.
(a) Authority To Make Loan Guarantees.--The Secretary may guarantee
loans made to eligible United States commercial providers for purposes
of producing commercial reusable in-space transportation services or
systems.
(b) Eligible United States Commercial Providers.--The Secretary
shall prescribe requirements for the eligibility of United States
commercial providers for loan guarantees under this section. Such
requirements shall ensure that eligible providers are financially
capable of undertaking a loan guaranteed under this section.
(c) Limitation on Loans Guaranteed.--The Secretary may not
guarantee a loan for a United States commercial provider under this
section unless the Secretary determines that credit would not otherwise
be reasonably available at the time of the guarantee for the commercial
reusable in-space transportation service or system to be produced
utilizing the proceeds of the loan.
(d) Credit Subsidy.--
(1) Collection required.--The Secretary shall collect from each
United States commercial provider receiving a loan guarantee under
this section an amount equal to the amount, as determined by the
Secretary, to cover the cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990, of the loan guarantee.
(2) Periodic disbursements.--In the case of a loan guarantee in
which proceeds of the loan are disbursed over time, the Secretary
shall collect the amount required under this subsection on a pro
rata basis, as determined by the Secretary, at the time of each
disbursement.
(e) Other Terms and Conditions.--
(1) Prohibition on subordination.--A loan guaranteed under this
section may not be subordinated to another debt contracted by the
United States commercial provider concerned, or to any other claims
against such provider.
(2) Restriction on income.--A loan guaranteed under this
section may not--
(A) provide income which is excluded from gross income for
purposes of chapter 1 of the Internal Revenue Code of 1986; or
(B) provide significant collateral or security, as
determined by the Secretary, for other obligations the income
from which is so excluded.
(3) Treatment of guarantee.--The guarantee of a loan under this
section shall be conclusive evidence of the following:
(A) That the guarantee has been properly obtained.
(B) That the loan qualifies for the guarantee.
(C) That, but for fraud or material misrepresentation by
the holder of the loan, the guarantee is valid, legal, and
enforceable.
(4) Other terms and conditions.--The Secretary may establish
any other terms and conditions for a guarantee of a loan under this
section, as the Secretary considers appropriate to protect the
financial interests of the United States.
(f) Enforcement of Rights.--
(1) In general.--The Attorney General may take any action the
Attorney General considers appropriate to enforce any right
accruing to the United States under a loan guarantee under this
section.
(2) Forbearance.--The Attorney General may, with the approval
of the parties concerned, forebear from enforcing any right of the
United States under a loan guaranteed under this section for the
benefit of a United States commercial provider if such forbearance
will not result in any cost, as defined in section 502(5) of the
Federal Credit Reform Act of 1990, to the United States.
(3) Utilization of property.--Notwithstanding any other
provision of law and subject to the terms of a loan guaranteed
under this section, upon the default of a United States commercial
provider under the loan, the Secretary may, at the election of the
Secretary--
(A) assume control of the physical asset financed by the
loan; and
(B) complete, recondition, reconstruct, renovate, repair,
maintain, operate, or sell the physical asset.
(g) Credit Instruments.--
(1) Authority to issue instruments.--Notwithstanding any other
provision of law, the Secretary may, subject to such terms and
conditions as the Secretary considers appropriate, issue credit
instruments to United States commercial providers of in-space
transportation services or system, with the aggregate cost (as
determined under the provisions of the Federal Credit Reform Act of
1990 (2 U.S.C. 661 et seq.)) of such instruments not to exceed
$1,500,000,000, but only to the extent that new budget authority to
cover such costs is provided in subsequent appropriations Acts or
authority is otherwise provided in subsequent appropriations Acts.
(2) Credit subsidy.--The Secretary shall provide a credit
subsidy for any credit instrument issued under this subsection in
accordance with the provisions of the Federal Credit Reform Act of
1990.
(3) Construction.--The eligibility of a United States
commercial provider of in-space transportation services or systems
for a credit instrument under this subsection is in addition to any
eligibility of such provider for a loan guarantee under other
provisions of this section.
SEC. 904. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary of
Defense.
(2) Commercial provider.--The term ``commercial provider''
means any person or entity providing commercial reusable in-orbit
space transportation services or systems, primary control of which
is held by persons other than the Federal Government, a State or
local government, or a foreign government.
(3) In-space transportation services.--The term ``in-space
transportation services'' means operations and activities involved
in the direct transportation or attempted transportation of a
payload or object from one orbit to another by means of an in-space
transportation vehicle.
(4) In-space transportation system.--The term ``in-space
transportation system'' means the space and ground elements,
including in-space transportation vehicles and support space
systems, and ground administration and control facilities and
associated equipment, necessary for the provision of in-space
transportation services.
(5) In-space transportation vehicle.--The term ``in-space
transportation vehicle'' means a vehicle designed--
(A) to be based and operated in space;
(B) to transport various payloads or objects from one orbit
to another orbit; and
(C) to be reusable and refueled in space.
(6) United states commercial provider.--The term ``United
States commercial provider'' means any commercial provider
organized under the laws of the United States that is more than 50
percent owned by United States nationals.
This Act may be cited as the ``Department of Defense Appropriations
Act, 2003''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.