Summary: H.R.5010 — 107th Congress (2001-2002)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Conference report filed in House (10/09/2002)

Department of Defense Appropriations Act, 2003 - Title I: Military Personnel - Appropriates funds for FY 2003 for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force and for National Guard personnel in the Army and Air Force.

Title II: Operation and Maintenance - Appropriates funds for FY 2003 for operation and maintenance (O&M) of the Army, Navy, Marine Corps, and Air Force, the defense agencies, the reserve components, and the Army and Air National Guards. Appropriates funds for: (1) overseas contingency operations; (2) the United States Court of Appeals for the Armed Forces; (3) environmental restoration for the Army, Navy, and Air Force and defense-wide; (4) environmental restoration at formerly used defense sites; (5) overseas humanitarian, disaster, and civic aid; (6) former Soviet Union threat reduction; and (7) defense support for international sporting competitions.

Title III: Procurement - Appropriates funds for FY 2003 for procurement by the armed forces and reserve components of aircraft, missiles, weapons, tracked combat vehicles, ammunition, and shipbuilding and conversion and for other procurement. Appropriates funds for: (1) defense-wide procurement; (2) procurement of National Guard and reserve equipment; and (3) certain procurements under the Defense Production Act of 1950.

Title IV: Research, Development, Test and Evaluation - Appropriates funds for FY 2003 for research, development, test and evaluation (RDT&E) by the armed forces and defense agencies. Appropriates funds for the Director of Operational Test and Evaluation.

Title V: Revolving and Management Funds - Appropriates funds for the Defense Working Capital funds and programs under the National Defense Sealift Fund.

Title VI: Other Department of Defense Programs - Appropriates funds for: (1) Department of Defense (DOD) medical and health care programs; (2) the destruction of lethal chemical agents and munitions; (3) drug interdiction and counter-drug activities, defense; and (4) the Office of the Inspector General.

Title VII: Related Agencies - Appropriates funds for: (1) the Central Intelligence Agency Retirement and Disability System Fund; (2) the Intelligence Community Management Account; (3) payment to the Kaho'olawe Island Conveyance, Remediation, and Environmental Restoration Fund; and (4) national security scholarships, fellowships, and grants (using funds derived from the National Security Education Trust Fund).

Title VIII: General Provisions - Specifies authorized, restricted, and prohibited uses of appropriated funds.

(Sec. 8008) Authorizes procurement funds to be used for multiyear procurement contracts for C-130 aircraft, FMTV, and F/A-18E and F engines.

(Sec. 8010) Prohibits during FY 2003 the management by end strengths of DOD civilian personnel.

(Sec. 8018) Authorizes the Secretary of Defense (Secretary) to establish, with host governments of NATO-member countries, an account for the deposit of residual amounts negotiated in the return of U.S. military installations to such countries.

(Sec. 8027) Authorizes DOD to incur obligations of up to $350 million for DOD military personnel compensation, military construction projects, and supplies and services in anticipation of receipts of contributions from the Government of Kuwait.

(Sec. 8029) Prohibits the use of funds from this Act to establish a new DOD federally funded research and development center (FFRDC). Limits the Federal compensation to be paid to FFRDC members or consultants. Prohibits the use of FY 2003 FFRDC funds for new building construction, cost-sharing payments for projects funded by Government grants, absorption of cost overruns, or certain charitable contributions. Limits the staff years of technical effort that may be funded for FFRDCs from FY 2003 funds. Reduces by $74.2 million the total amount appropriated in this Act for FFRDCs.

(Sec. 8030) Provides Buy American requirements with respect to the DOD procurement of carbon, alloy, or armor steel plating.

(Sec. 8033) Requires the Secretary to report to Congress on the amount of DOD purchases from foreign entities in FY 2003.

(Sec. 8036) Directs the President to include within each fiscal year budget the amounts requested for administrative activities of DOD, the military departments, and the defense agencies.

(Sec. 8039) Authorizes the Secretary of the Air Force to convey to Indian tribes located in North Dakota, South Dakota, Montana, and Minnesota relocatable military housing units currently located at Grand Forks and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield program to resolve any housing unit conflicts arising after such conveyance.

(Sec. 8044) Earmarks funds appropriated under this Act for the mitigation of adverse environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8045) Earmarks specified funds to maintain an attrition reserve force of 18 B-52 aircraft (for a total of 94 of such aircraft).

(Sec. 8046) Prohibits the use of funds: (1) by a DOD entity without compliance with the Buy American Act; (2) to establish additional field operating agencies of DOD elements, except for those funded within the National Foreign Intelligence Program; (3) for assistance to the Democratic People's Republic of Korea, unless specifically appropriated for such purpose; (4) to reduce the civilian medical and medical support personnel assigned to military treatment facilities below the September 30, 2002, level; and (5) to transport chemical munitions to the Johnston Atoll for storage or demilitarization (with an exception and an authorized wartime waiver by the President).

(Sec. 8049) Authorizes the Secretary of the Navy to lease real and personal property at the Adak Naval Air Facility, Alaska.

(Sec. 8050) Rescinds specified funds from various accounts under prior defense appropriations Acts.

(Sec. 8056) Directs the Secretary to certify to Congress that the total renovation costs for wedges 2 through 5 of the Pentagon Reservation, cumulatively, will not exceed four times the total renovation cost of wedge 1. Authorizes an annual cost inflation adjustment. Excludes certain costs under such limitation, including costs necessary as a result of the terrorist attack on the Pentagon. Requires certification reports until all renovation is completed.

(Sec. 8058) Prohibits the transfer to any other department or agency, except as specifically provided in an appropriations law, of funds available to DOD or the Central Intelligence Agency for drug interdiction and counter-drug activities.

(Sec. 8065) Prohibits the use of funds from this or any other Act to dismantle national memorials commemorating U.S. participation in World War I.

(Sec. 8066) Prohibits current fiscal year DOD funds from being obligated or expended to transfer to another nation or international organization defense articles or services for use in any UN peacekeeping or peace enforcement operation, or for any other international peacekeeping, peace enforcement, or humanitarian assistance operation, unless specified congressional committees are given 15 days' advance notice.

(Sec. 8067) Authorizes the Secretary, to the extent authorized by law, to issue loan guarantees in support of U.S. defense exports not otherwise provided for, with a contingent liability limit of $15 billion. Requires quarterly reports to specified congressional committees.

(Sec. 8073) Authorizes the Secretary, during the current fiscal year, to waive reimbursement of certain educational costs of the Asia-Pacific Center for Security Studies for military officers and civilian officials of foreign nations if determined to be in the national security interest.

(Sec. 8077) Prohibits the use of appropriated funds for approving the license or sale of the F-22 advanced tactical fighter to any foreign government.

(Sec. 8078) Authorizes the Secretary, on a case-by-case basis, to waive limitations on the procurement of defense items from a foreign country if: (1) the Secretary determines that such limitations would invalidate cooperative or reciprocal trade agreements for the procurement of defense items; and (2) such country does not discriminate against the same or similar defense items procured in the United States for that country. Provides exceptions.

(Sec. 8080) Prohibits the use of appropriated funds to support a unit of the security forces of a foreign country if credible information exists that such unit has committed a gross violation of human rights, unless all necessary corrective steps have been taken. Requires the monitoring of such information. Authorizes the Secretary to waive such prohibition under extraordinary circumstances (requiring a report to the defense committees on any such waiver).

(Sec. 8081) Authorizes the Secretary to carry out a program to distribute surplus DOD dental equipment to Indian health service facilities and federally-qualified health centers.

(Sec. 8082) Reduces by $338 million the total amount appropriated in this Act to reflect savings from favorable foreign currency fluctuations.

(Sec. 8087) Provides for the crediting during the current fiscal year of certain refunds attributable to the use of Government travel or purchase cards or refunds for travel arranged by a Government-contracted travel management center.

(Sec. 8088) Prohibits appropriated funds from being used for a mission critical or mission essential financial management information technology system that is not registered with the DOD Chief Information Officer. Prohibits such a system from receiving a Milestone A or B approval, or full rate production approval, until the Chief Information Officer certifies that the system is being developed in accordance with the Clinger-Cohen Act of 1996.

(Sec. 8090) Prohibits appropriated funds from being used to transfer to any nongovernmental entity specified armor-piercing ammunition, except to an entity performing demilitarization services for DOD.

(Sec. 8091) Authorizes the Chief of the National Guard Bureau to waive payment for the lease of non-excess DOD personal property to certain youth, social, or fraternal non-profit organizations.

(Sec. 8093) Authorizes the Center of Excellence for Disaster Management and Humanitarian Assistance to pay expenses of providing education and training for appropriate foreign military and civilian personnel in disaster management, peace operations, and humanitarian assistance.

(Sec. 8100) Reduces by $850 million the total amount appropriated in this Act to reflect savings from business process reforms, management efficiencies, and procurement of administrative and management support.

(Sec. 8101) Makes specified Navy shipbuilding and conversion funds available to fund prior-year shipbuilding cost increases, allocating such funds among specified naval accounts.

(Sec. 8102) Authorizes the Secretary of the Navy to settle any and all admiralty claims arising out of the collision involving the U.S.S. GREENEVILLE and the EHIME MARU.

(Sec. 8103) Reduces by $97 million the total O&M funds appropriated in this Act to reflect savings attributable to improved supervision in determining appropriate Government purchase card purchases.

(Sec. 8104) Authorizes O&M funds to be used for the purchase of ultra lightweight camouflage net systems.

(Sec. 8105) Authorizes the Secretary, during FY 2003 through 2005, to transfer up to $20 million of unobligated Army RDT&E funds for the continuation of the Venture Capital Fund demonstration (the pursuit of high payoff technology and innovations in science and technology).

(Sec. 8108) Appropriates funds to provide assistance to public schools that have unusually high enrollments of special needs military dependents.

(Sec. 8109) Reduces by $400 million the total amount appropriated in this Act to reduce cost growth in information technology development.

(Sec. 8112) Reduces by: (1) $120 million the total O&M funds appropriated in this Act to reflect Working Capital Fund cash balance and rate stabilization adjustments; and (2) $48 million the total amount appropriated in this Act to reduce excess funded carryover.

(Sec. 8114) Makes $1 billion of O&M funds available for DOD operations to prosecute the war on terrorism.

(Sec. 8115) Appropriates funds for a grant by the Secretary of the Army to facilitate access by veterans to opportunities for skilled employment in the construction industry.

(Sec. 8116) Allows O&M funds to be used to support chaplain-led programs to assist military personnel and their immediate family members in building and maintaining a strong family structure.

(Sec. 8118) Prohibits the total number of work stations provided under the Navy-Marine Corps Intranet contract from exceeding 160,000 until the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of DOD certify to the defense committees that an operational assessment of the work stations that have been fully transitioned has been conducted and that the results are acceptable.

(Sec. 8119) Prohibits funds from this Act from being obligated for the acquisition of more than 16 F-22 aircraft until the above Under Secretary provides to the defense committees: (1) a formal assessment of the significant risks resulting from increasing procurement quantities prior to the conclusion of Dedicated Initial Operational Test and Evaluation; and either (2) a certification that increasing the production quantity beyond 16 airplanes involves lower risk and lower total program cost than staying at that quantity; or (3) a revised production plan, funding plan, and test schedule.

(Sec. 8120) Amends the Emergency Supplemental Act, 2002 to authorize the transfer of funds from the Pentagon Reservation Maintenance Revolving Fund to the Defense Emergency Response Fund to cover added Pentagon costs following September 11, 2001.

(Sec. 8121) Directs DOD and the Army to make future budgetary and programming plans to fully finance the Non-Line-of-Sight Objective Force cannon and resupply vehicle program in order to field this system in the 2008 timeframe.

(Sec. 8122) Requires the program manager for the Assembled Chemical Weapons Assessment to be responsible for chemical demilitarization operations if a technology other than baseline incineration is selected for use in destroying the chemical weapons stockpiles at the Bluegrass Army Depot, Kentucky. Makes such program manager responsible for the management of chemical demilitarization activities at the Pueblo Depot, Colorado.

(Sec. 8125) Directs the Secretary of the Navy to transfer specified funds among various Navy programs.

(Sec. 8129) Appropriates $8.1 million for the Secretary to make grants to the American Red Cross, United Service Organizations, and Intrepid Sea-Air-Space Foundation.

(Sec. 8132) Requires the President's budget for FY 2004 and thereafter to include separate budget justification for costs of U.S. military participation in contingency operations under specified military personnel, O&M, and procurement accounts and the Overseas Contingency Operations Transfer Fund.

(Sec. 8133) Reduces by $59.26 million the total amount appropriated in this Act to reduce cost growth in travel.

(Sec. 8134) Prohibits funds in this Act from being used for RDT&E, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8135) Reduces by $1.374 billion the total amount appropriated in titles II through IV of this Act to reflect revised economic assumptions. Rescinds $300 million from the total amount appropriated under the Department of Defense Appropriations Act, 2002.

(Sec. 8136) Makes certain Buy American requirements inapplicable to any fish, shellfish, or seafood product.

(Sec. 8138) Directs the Secretary of the Navy to sell the Navy Dry-Dock AFDL-47 to Detyens Shipyards, Inc. (the current lessee).

(Sec. 8139) Earmarks specified O&M funds for the elimination of asbestos at former Battery 204, Odiorne Point, New Hampshire.

(Sec. 8140) Authorizes the Secretary to make a grant to the National D-Day Museum.

(Sec. 8141) Directs the Secretary of the Army to carry out a preliminary engineering study and environmental analysis regarding the establishment of a connector road between U.S. Route 1 and Telegraph Road in the vicinity of Fort Belvoir, Virginia. Earmarks funds for such purpose.

(Sec. 8143) Directs the: (1) Secretary to design and designate a Medal of Honor Flag, taking into account designs submitted by the general public; and (2) President to provide for the presentation of such Flag to each Medal recipient.

(Sec. 8144) Amends the National Defense Authorization Act for Fiscal Year 2000 to state that a prohibition against the use of FY 2000 Cooperative Threat Reduction funds for a chemical weapons destruction facility in Russia may be waived if the President submits to specified congressional leaders a certification that the waiver is important to U.S. national security, a justification for exercising the waiver, and a plan to promote a full and accurate disclosure by Russia concerning its chemical weapons stockpile. Terminates such waiver authority at the end of FY 2003.

(Sec. 8145) Amends the 2002 Supplemental Appropriations Act for the Further Recovery From and Response To Terrorist Attacks on United States to extend through FY 2003 a program for the use of DOD funds to fight narcotics trafficking and specified terrorist organizations and to protect human health and welfare in emergency circumstances.

(Sec. 8148) Allows for the use of appropriated funds for certain actions to stop or respond to acts of domestic violence at military installations. Requires the Secretary to report to Congress on recommendations included in reports of the Defense Task Force on Domestic Violence.

(Sec. 8149) Limits to 1.5 million the total number of accounts for government purchase and travel charge cards for DOD during FY 2003. Requires the Secretary to: (1) evaluate the creditworthiness of an individual before issuing such a card; and (2) establish guidelines and procedures for disciplinary actions for the misuse of such cards. Requires a report to the defense committees.

Title IX: Commercial Reusable In-Space Transportation - Commercial Reusable In-Space Transportation Act of 2002 - Authorizes the Secretary to guarantee loans made to U.S. commercial providers for producing commercial reusable in-space transportation services or systems, as long as the Secretary determines that credit would not otherwise be reasonably available to such providers. Requires the collection of credit subsidies from providers receiving such guarantees.