Text: H.R.5010 — 107th Congress (2001-2002)All Information (Except Text)
Shown Here:
Public Law No: 107-248 (10/23/2002)
[107th Congress Public Law 248]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ248.107]
[[Page 116 STAT. 1519]]
Public Law 107-248
107th Congress
An Act
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2003, and for other purposes. <<NOTE: Oct. 23,
2002 - [H.R. 5010]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Department of
Defense Appropriations Act, 2003.>> 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
[[Page 116 STAT. 1520]]
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.
[[Page 116 STAT. 1521]]
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
[[Page 116 STAT. 1522]]
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, <<NOTE: Grants. Florida Memorial College.>> 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 <<NOTE: Grants.>> purposes: Provided, That notwithstanding any
other provision of law, of the funds provided in this Act for Civil
Military programs under this heading,
[[Page 116 STAT. 1523]]
$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.
[[Page 116 STAT. 1524]]
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.
[[Page 116 STAT. 1525]]
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.
[[Page 116 STAT. 1526]]
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
[[Page 116 STAT. 1527]]
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.
[[Page 116 STAT. 1528]]
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
[[Page 116 STAT. 1529]]
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;
[[Page 116 STAT. 1530]]
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
[[Page 116 STAT. 1531]]
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
[[Page 116 STAT. 1532]]
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, <<NOTE: Deadline.>> 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.
[[Page 116 STAT. 1533]]
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
[[Page 116 STAT. 1534]]
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.
[[Page 116 STAT. 1535]]
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
[[Page 116 STAT. 1536]]
until September 30, 2004: Provided further, <<NOTE: Records.>> 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. <<NOTE: 10 USC 1584 note.>> 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.
[[Page 116 STAT. 1537]]
(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, <<NOTE: Notification.>> 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) <<NOTE: 115 Stat. 2247.>> 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. <<NOTE: Notification.>> 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. <<NOTE: 10 USC 2306b note.>> 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
[[Page 116 STAT. 1538]]
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. <<NOTE: Reports. Deadline. 10 USC 401 note.>> 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
[[Page 116 STAT. 1539]]
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, <<NOTE: Applicability.>> 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. <<NOTE: Lobbying.>> 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, <<NOTE: Applicability.>> 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
[[Page 116 STAT. 1540]]
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. <<NOTE: 10 USC 2687 note.>> 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
[[Page 116 STAT. 1541]]
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, <<NOTE: Reports.>> 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.
[[Page 116 STAT. 1542]]
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
[[Page 116 STAT. 1543]]
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) <<NOTE: Reports.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Certification.>> 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
[[Page 116 STAT. 1544]]
Circular A-76 shall not apply to competitions conducted under this
section.
Sec. 8033. <<NOTE: 41 USC 10b-2.>> (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) <<NOTE: Reports.>> 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. <<NOTE: President. 10 USC 221 note.>> 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.
[[Page 116 STAT. 1545]]
(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. <<NOTE: State listing.>> (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.
[[Page 116 STAT. 1546]]
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, <<NOTE: 50 USC 403u note.>> 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
[[Page 116 STAT. 1547]]
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;
[[Page 116 STAT. 1548]]
``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
[[Page 116 STAT. 1549]]
is declining in some catchment areas and civilian strength reductions
may be consistent with responsible resource stewardship and capitation-
based budgeting.
Sec. 8056. <<NOTE: Deadline. Notification. 10 USC 2674 note.>> (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) <<NOTE: Applicability.>> 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. <<NOTE: 10 USC 374 note.>> (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.
[[Page 116 STAT. 1550]]
(b) <<NOTE: 50 USC 403f note.>> 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, <<NOTE: Applicability.>> 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
[[Page 116 STAT. 1551]]
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. <<NOTE: Notice.>> (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) <<NOTE: Applicability.>> 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
[[Page 116 STAT. 1552]]
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, <<NOTE: Reports.>> 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;
[[Page 116 STAT. 1553]]
(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. <<NOTE: 10 USC note prec. 2161.>> 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.
[[Page 116 STAT. 1554]]
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) <<NOTE: Applicability.>> 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.
[[Page 116 STAT. 1555]]
(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) <<NOTE: Deadline.>> 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,
[[Page 116 STAT. 1556]]
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
[[Page 116 STAT. 1557]]
Defense (Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
(2) <<NOTE: Notification.>> 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) <<NOTE: Notification.>> 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
[[Page 116 STAT. 1558]]
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. <<NOTE: Alcohol and alcoholic beverages. 10 USC 2488
note.>> 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, <<NOTE: Applicability.>> 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. <<NOTE: Regulations. 10 USC 182 note.>> 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
[[Page 116 STAT. 1559]]
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. <<NOTE: Applicability. 10 USC 113 note.>> 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
[[Page 116 STAT. 1560]]
$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, <<NOTE: Applicability.>> 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.
[[Page 116 STAT. 1561]]
(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
[[Page 116 STAT. 1562]]
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, <<NOTE: Deadline.>> 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, <<NOTE: Reports. Deadline.>> 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,
[[Page 116 STAT. 1563]]
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, <<NOTE: Grants. Washington.>> 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, <<NOTE: Applicability.>> 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.
[[Page 116 STAT. 1564]]
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''. <<NOTE: Grants.>> 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), <<NOTE: 10
USC 2401a note.>> 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.''.
[[Page 116 STAT. 1565]]
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
[[Page 116 STAT. 1566]]
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) <<NOTE: 50 USC 1521 note.>> 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.
[[Page 116 STAT. 1567]]
(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, <<NOTE: Grants.>> 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, <<NOTE: Reports. Deadline.>> That the Secretary of Defense
shall submit a report no
[[Page 116 STAT. 1568]]
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. <<NOTE: Applicability.>> 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. <<NOTE: Budget. 10 USC 221 note.>> 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
[[Page 116 STAT. 1569]]
applicable appropriation account: Provided further, That appropriations
made available in this Act for the pay and benefits of military
personnel are exempt from reductions under this provision.
(b) Of the funds provided in the Department of Defense
Appropriations Act, 2002, (division A of Public Law 107-117),
$300,000,000 are rescinded from amounts made available under titles III
and IV of that Act: Provided, That the Secretary of Defense shall
allocate this rescission proportionately by program, project, and
activity.
Sec. 8136. During the current fiscal year, section 2533a(f) of Title
10, United States Code, shall not apply to any fish, shellfish, or
seafood product. <<NOTE: Applicability.>> 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
[[Page 116 STAT. 1570]]
to determine the requirements of the Navy for providing lift support for
mine warfare ships and other vessels.
Sec. 8143. <<NOTE: 36 USC 903 note.>> (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) <<NOTE: President.>> 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:
[[Page 116 STAT. 1571]]
``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) <<NOTE: 36 USC 903 note.>> 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. <<NOTE: Effective date.>> 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''.
[[Page 116 STAT. 1572]]
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. <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Reports.>> 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. <<NOTE: 10 USC 2784 note.>> (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) <<NOTE: Guidelines. Procedures.>> 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--
[[Page 116 STAT. 1573]]
(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) <<NOTE: Applicability.>> The guidelines and procedures under
this subsection shall apply uniformly among the Armed Forces and among
the elements of the Department.
(d) <<NOTE: Deadline.>> 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. <<NOTE: Government organization.>> 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 <<NOTE: Commercial Reusable In-Space Transportation Act of
2002.>> IX--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION
SEC. 901. <<NOTE: 42 USC 14701 note.>> SHORT TITLE.
This title may be cited as the ``Commercial Reusable In-Space
Transportation Act of 2002''.
SEC. 902. <<NOTE: 42 USC 14751.>> 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
[[Page 116 STAT. 1574]]
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. <<NOTE: 42 USC 14752.>> 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) <<NOTE: Requirements.>> 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.--
[[Page 116 STAT. 1575]]
(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.
[[Page 116 STAT. 1576]]
(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. <<NOTE: 42 USC 14753.>> 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.
[[Page 116 STAT. 1577]]
This Act may be cited as the ``Department of Defense Appropriations
Act, 2003''.
Approved October 23, 2002.
LEGISLATIVE HISTORY--H.R. 5010:
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 107-532 (Comm. on Appropriations) and 107-732
(Comm. of Conference).
SENATE REPORTS: No. 107-213 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 148 (2002):
June 27, considered and passed House.
July 31, Aug. 1, considered and passed Senate, amended.
Oct. 10, House agreed to conference report.
Oct. 16, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
Oct. 23, Presidential remarks and statement.
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