[Congressional Record Volume 148, Number 107 (Wednesday, July 31, 2002)]
[Senate]
[Pages S7656-S7688]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2003
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of H.R. 5010, which the clerk will report
by title.
The legislative clerk read as follows:
A bill (H.R. 5010) making appropriations for the Department of
Defense for fiscal year ending September 30, 2003, and for other
purposes.
The Senate proceeded to consider the bill which had been reported
from the Committee on Appropriations with an amendment.
[Strike the part shown in bold brackets and insert in lieu thereof
the part shown in italic.]
H.R. 5010
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
[That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2003, for military functions
administered by the Department of Defense, and for other
purposes, namely:
[TITLE I
[MILITARY PERSONNEL
[Military Personnel, Army
[For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97-377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military
Retirement Fund, $26,832,217,000.
[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, $21,874,395,000.
[Military Personnel, Marine Corps
[For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$8,504,172,000.
[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
[[Page S7657]]
156 of Public Law 97-377, as amended (42 U.S.C. 402 note),
and to the Department of Defense Military Retirement Fund,
$21,957,757,000.
[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,
$3,373,455,000.
[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, $1,897,352,000.
[Reserve Personnel, Marine Corps
[For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title 10,
United States Code, or while serving on active duty under
section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and
for members of the Marine Corps platoon leaders class, and
expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $553,983,000.
[Reserve Personnel, Air Force
[For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and for members of the Air Reserve
Officers' Training Corps, and expenses authorized by section
16131 of title 10, United States Code; and for payments to
the Department of Defense Military Retirement Fund,
$1,236,904,000.
[National Guard Personnel, Army
[For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army
National Guard while on duty under section 10211, 10302, or
12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title
10, United States Code; and for payments to the Department of
Defense Military Retirement Fund, $5,070,188,000.
[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, $2,124,411,000.
[TITLE II
[OPERATION AND MAINTENANCE
[Operation and Maintenance, Army
[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, $23,942,768,000: Provided,
That of the funds appropriated in this paragraph, not less
than $355,000,000 shall be made available only for
conventional ammunition care and maintenance.
[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,
$29,121,836,000.
[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, $3,579,359,000.
[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, $27,587,959,000: Provided,
That notwithstanding any other provision of law, that of the
funds available under this heading, $750,000 shall only be
available to the Secretary of the Air Force for a grant to
Florida Memorial College for the purpose of funding minority
aviation training: Provided further, That of the amount
provided under this heading, not less than $2,000,000 shall
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, $14,850,377,000, of which
not to exceed $25,000,000 may be available for the CINC
initiative fund account; and of which not to exceed
$34,500,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on his
certificate of necessity for confidential military purposes:
Provided, That notwithstanding any other provision of law, of
the funds provided in this Act for Civil Military programs
under this heading, $750,000 shall be available for a grant
for Outdoor Odyssey, Roaring Run, Pennsylvania, to support
the Youth Development and Leadership program and Department
of Defense STARBASE program: Provided further, That none of
the funds appropriated or otherwise made available by this
Act may be used to plan or implement the consolidation of a
budget or appropriations liaison office of the Office of the
Secretary of Defense, the office of the Secretary of a
military department, or the service headquarters of one of
the Armed Forces into a legislative affairs or legislative
liaison office: Provided further, That $4,675,000, to remain
available until expended, is available only for expenses
relating to certain classified activities, and may be
transferred as necessary by the Secretary to operation and
maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be
available for the same time period as the appropriations to
which transferred: Provided further, That any ceiling on the
investment item unit cost of items that may be purchased with
operation and maintenance funds shall not apply to the funds
described in the preceding proviso: Provided further, That
the transfer authority provided under this heading is in
addition to any other transfer authority provided elsewhere
in this Act.
[Operation and Maintenance, Army Reserve
[For expenses, not otherwise provided for, necessary for
the operation and maintenance, including training,
organization, and administration, of the Army Reserve; repair
of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equipment;
and communications, $1,976,710,000.
[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, $1,239,309,000.
[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, $189,532,000.
[[Page S7658]]
[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, $2,165,604,000.
[Operation and Maintenance, Army National Guard
[For expenses of training, organizing, and administering
the Army National Guard, including medical and hospital
treatment and related expenses in non-Federal hospitals;
maintenance, operation, and repairs to structures and
facilities; hire of passenger motor vehicles; personnel
services in the National Guard Bureau; travel expenses (other
than mileage), as authorized by law for Army personnel on
active duty, for Army National Guard division, regimental,
and battalion commanders while inspecting units in compliance
with National Guard Bureau regulations when specifically
authorized by the Chief, National Guard Bureau; supplying and
equipping the Army National Guard as authorized by law; and
expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $4,231,967,000.
[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, $4,113,010,000.
[United States Court of Appeals for the Armed Forces
[For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $9,614,000, of which
not to exceed $2,500 can be used for official representation
purposes.
[Environmental Restoration, Army
[(including transfer of funds)
[For the Department of the Army, $395,900,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
[Environmental Restoration, Navy
[(including transfer of funds)
[For the Department of the Navy, $256,948,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
[Environmental Restoration, Air Force
[(including transfer of funds)
[For the Department of the Air Force, $389,773,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
[Environmental Restoration, Defense-Wide
[(including transfer of funds)
[For the Department of Defense, $23,498,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
[Environmental Restoration, Formerly Used Defense Sites
[(including transfer of funds)
[For the Department of the Army, $212,102,000, 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.
[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,
$2,214,369,000, to remain available for obligation until
September 30, 2005, of which not less than $225,675,000 shall
be available for the Army National Guard and Army Reserve:
Provided, That of the funds made available under this
heading, $45,000,000 shall be available only to support a
restructured CH-47F helicopter upgrade program that increases
the production rate to 48 helicopters per fiscal year 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 that is
planned to be part of the Objective Force.
[Missile Procurement, Army
[For construction, procurement, production, modification,
and modernization of missiles, equipment, including ordnance,
[[Page S7659]]
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,
$1,112,772,000, to remain available for obligation until
September 30, 2005, of which not less than $168,580,000 shall
be available for the Army National Guard and Army Reserve.
[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,
$2,248,358,000, to remain available for obligation until
September 30, 2005, of which not less than $40,849,000 shall
be available for the Army National Guard and Army Reserve.
[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,
$1,207,560,000, to remain available for obligation until
September 30, 2005, of which not less than $124,716,000 shall
be available for the Army National Guard and Army Reserve.
[Other Procurement, Army
[For construction, procurement, production, and
modification of vehicles, including tactical, support, and
non-tracked combat vehicles; the purchase of not to exceed 40
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,
$6,017,380,000, to remain available for obligation until
September 30, 2005, of which not less than $1,129,578,000
shall be available for the Army National Guard and Army
Reserve.
[Aircraft Procurement, Navy
[For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $8,682,655,000, to remain available
for obligation until September 30, 2005, of which not less
than $19,644,000 shall be available for the Navy Reserve and
Marine Corps Reserve.
[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,
$2,384,617,000, 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,
$1,167,130,000, to remain available for obligation until
September 30, 2005, of which not less than $18,162,000 shall
be for the Navy Reserve and Marine Corps Reserve.
[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 (CY), $250,000,000;
[Carrier Replacement Program (AP-CY), $243,703,000;
[Virginia Class Submarine, $1,490,652,000;
[Virginia Class Submarine (AP-CY), $706,309,000;
[SSGN Conversion, $404,305,000;
[SSGN Conversion (AP-CY), $421,000,000;
[CVN Refueling Overhauls (AP-CY), $296,781,000;
[Submarine Refueling Overhauls, $231,292,000;
[Submarine Refueling Overhauls (AP-CY), $88,257,000;
[DDG-51, $2,273,002,000;
[DDG-51 (AP-CY), $74,000,000;
[LPD-17, $596,492,000;
[LPD-17 (AP-CY), $8,000,000;
[LCU (X), $9,756,000;
[Outfitting, $300,608,000;
[LCAC SLEP, $81,638,000;
[Mine Hunter SWATH, $7,000,000; and
[Completion of Prior Year Shipbuilding Programs,
$644,899,000;
[In all: $8,127,694,000, 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 not to
exceed 141 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,
$4,631,299,000, to remain available for obligation until
September 30, 2005, of which not less than $19,869,000 shall
be for the Naval Reserve.
[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 not to exceed 28 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,
$1,369,383,000, to remain available for obligation until
September 30, 2005, of which not less than $253,724,000 shall
be available for the Marine Corps Reserve.
[Aircraft Procurement, Air Force
[For construction, procurement, lease, and modification of
aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training devices,
spare parts, and accessories therefor; specialized equipment;
expansion of public
[[Page S7660]]
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,
$12,492,730,000, to remain available for obligation until
September 30, 2005, of which not less than $312,700,000 shall
be available for the Air National Guard and Air Force
Reserve: Provided, That of the amount provided under this
heading, not less than $207,000,000 shall be used only for
the producability improvement program directly related to the
F-22 aircraft program: Provided further, 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,
$3,185,439,000, 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,
$1,290,764,000, to remain available for obligation until
September 30, 2005, of which not less than $120,200,000 shall
be available for the Air National Guard and Air Force
Reserve.
[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 not to exceed 263 passenger motor
vehicles for replacement only, and the purchase of 2 vehicles
required for physical security of personnel, notwithstanding
price limitations applicable to passenger vehicles but not to
exceed $232,000 per vehicle; lease of passenger motor
vehicles; and expansion of public and private plants,
Government-owned equipment and installation thereof in such
plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon, prior
to approval of title; reserve plant and Government and
contractor-owned equipment layaway, $10,622,660,000, to
remain available for obligation until September 30, 2005, of
which not less than $167,600,000 shall be available for the
Air National Guard and Air Force Reserve.
[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 not to exceed 99 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, $3,457,405,000, to remain available for obligation
until September 30, 2005: Provided, That funds provided under
this heading for Patriot Advanced Capability-3 (PAC-3)
missiles may be used for procurement of critical parts for
PAC-3 missiles to support production of such missiles in
future fiscal years.
[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.
[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, $7,447,160,000, to remain available
for obligation until September 30, 2004.
[Research, Development, Test and Evaluation, Navy
[For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $13,562,218,000, 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, $18,639,392,000, 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, $17,863,462,000
(reduced by $30,000,000) (increased by $30,000,000), 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, $242,054,000, 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, $1,832,956,000:
Provided, That during fiscal year 2003, funds in the Defense
Working Capital Funds may be used for the purchase of not to
exceed 315 passenger carrying motor vehicles for replacement
only for the Defense Security Service, and the purchase of
not to exceed 7 vehicles for replacement only for the Defense
Logistics Agency.
[National Defense Sealift Fund
[For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $944,129,000, 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, $10,000,000 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, $14,600,748,000, of which $13,916,791,000
shall be for Operation and maintenance, of which not to
exceed 2 percent shall remain available until September 30,
2004; of which $283,743,000, to remain available for
obligation until September 30, 2005, shall be for
[[Page S7661]]
Procurement; of which $400,214,000, to remain available for
obligation until September 30, 2004, shall be for Research,
development, test and evaluation, and of which not less than
$10,000,000 shall be available for HIV prevention educational
activities undertaken in connection with U.S. military
training, exercises, and humanitarian assistance activities
conducted primarily in African nations.
[Chemical Agents and Munitions Destruction, Army
[For expenses, not otherwise provided for, necessary for
the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the
provisions of section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not
in the chemical weapon stockpile, $1,490,199,000, of which
$974,238,000 shall be for Operation and maintenance to remain
available until September 30, 2004, $213,278,000 shall be for
Procurement to remain available until September 30, 2005, and
$302,683,000 shall be for Research, development, test and
evaluation to remain available until September 30, 2004.
[Drug Interdiction and Counter-Drug Activities, Defense
[(including transfer of funds)
[For drug interdiction and counter-drug activities of the
Department of Defense, for transfer to appropriations
available to the Department of Defense for military personnel
of the reserve components serving under the provisions of
title 10 and title 32, United States Code; for Operation and
maintenance; for Procurement; and for Research, development,
test and evaluation, $859,907,000: 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,
$212,000,000.
[Intelligence Community Management Account
[(including transfer of funds)
[For necessary expenses of the Intelligence Community
Management Account, $162,254,000, of which $24,252,000 for
the Advanced Research and Development Committee shall remain
available until September 30, 2004: Provided, That of the
funds appropriated under this heading, $34,100,000 shall be
transferred to the Department of Justice for the National
Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, and of
the said amount, $1,500,000 for Procurement shall remain
available until September 30, 2005 and $1,000,000 for
Research, development, test and evaluation shall remain
available until September 30, 2004: Provided further, That
the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support
to law enforcement authorities and the intelligence community
by conducting document and computer exploitation of materials
collected in Federal, State, and local law enforcement
activity associated with counter-drug, counter-terrorism, and
national security investigations and operations.
[Payment to Kaho'olawe
[Island Conveyance, Remediation, and Environmental Restoration Fund
[For payment to Kaho'olawe Island Conveyance, Remediation,
and Environmental Restoration Fund, as authorized by law,
$25,000,000, to remain available until expended.
[National Security Education Trust Fund
[For the purposes of title VIII of Public Law 102-183,
$8,000,000, to be derived from the National Security
Education Trust Fund, to remain available until expended.
[TITLE VIII
[GENERAL PROVISIONS
[Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
[Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
[Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
[Sec. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the
current fiscal year shall be obligated during the last 2
months of the fiscal year: Provided, That this section shall
not apply to obligations for support of active duty training
of reserve components or summer camp training of the Reserve
Officers' Training Corps.
[(transfer of funds)
[Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $2,500,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section must be made prior to May
1, 2003.
[(transfer of funds)
[Sec. 8006. During the current fiscal year, cash balances
in working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
[Sec. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
[Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no
part of any appropriation contained in this Act shall be
available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further, That no part of any appropriation contained in this
Act shall be available
[[Page S7662]]
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; and
[F/A-18E and F engine.
[Sec. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
to the Congress as of September 30 of each year: Provided,
That funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a
determination by the Secretary of the Army that such action
is beneficial for graduate medical education programs
conducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of medical
services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients
from American Samoa, the Commonwealth of the Northern Mariana
Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
[Sec. 8010. (a) During fiscal year 2003, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
[(b) The fiscal year 2004 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2004 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2004.
[(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
[Sec. 8011. Notwithstanding any other provision of law,
none of the funds made available by this Act shall be used by
the Department of Defense to exceed, outside the 50 United
States, its territories, and the District of Columbia,
125,000 civilian workyears: Provided, That workyears shall be
applied as defined in the Federal Personnel Manual: Provided
further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in
this workyear limitation.
[Sec. 8012. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
[Sec. 8013. None of the funds appropriated by this Act
shall be available for the basic pay and allowances of any
member of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active
components of the Army.
[Sec. 8014. None of the funds appropriated by this Act
shall be available to convert to contractor performance an
activity or function of the Department of Defense that, on or
after the date of the enactment of this Act, is performed by
more than 10 Department of Defense civilian employees until a
most efficient and cost-effective organization analysis is
completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of
the House of Representatives and the Senate: Provided, That
this section and subsections (a), (b), and (c) of 10 U.S.C.
2461 shall not apply to a commercial or industrial type
function of the Department of Defense that: (1) is included
on the procurement list established pursuant to section 2 of
the Act of June 25, 1938 (41 U.S.C. 47), popularly referred
to as the Javits-Wagner-O'Day Act; (2) is planned to be
converted to performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency for other
severely handicapped individuals in accordance with that Act;
or (3) is planned to be converted to performance by a
qualified firm under 51 percent ownership by an Indian tribe,
as defined in section 450b(e) of title 25, United States
Code, or a Native Hawaiian organization, as defined in
section 637(a)(15) of title 15, United States Code.
[(transfer of funds)
[Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
[Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section manufactured will include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
[Sec. 8017. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) or TRICARE shall be available
for the reimbursement of any health care provider for
inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health
care professional having an economic interest in the facility
to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for persons with
disabilities under subsection (d) of section 1079 of title
10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of
Defense because of medical or psychological circumstances of
the patient that are confirmed by a health professional who
is not a Federal employee after a review, pursuant to rules
prescribed by the Secretary, which takes into account the
appropriate level of care for the patient, the intensity of
services required by the patient, and the availability of
that care.
[Sec. 8018. Notwithstanding any other provision of law,
during the current fiscal year, the Secretary of Defense may,
by executive agreement, establish with host nation
governments in NATO member states a separate account into
which such residual value amounts negotiated in the return of
United States military installations in NATO member states
may be deposited, in the currency of the host nation, in lieu
of direct monetary transfers to the United States Treasury:
Provided, That such credits may be utilized only for the
construction of facilities to support United States military
forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through
monetary transfers to such host nations: Provided further,
That the Department of Defense's budget submission for fiscal
year 2004 shall identify such sums anticipated in residual
value settlements, and identify such construction, real
property maintenance or base operating costs that shall be
funded by the host nation through such credits: Provided
further, That all military construction projects to be
executed from such accounts must be previously approved in a
prior Act of Congress: Provided further, That each such
executive agreement with a NATO member host nation shall be
reported to the congressional defense committees, the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate 30 days prior to the conclusion and endorsement of any
such agreement established under this provision.
[Sec. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols.
[Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
[[Page S7663]]
[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 subcontractor
at any tier shall be considered a contractor for the purposes
of being allowed additional compensation under section 504 of
the Indian Financing Act of 1974 (25 U.S.C. 1544).
[Sec. 8022. None of the funds appropriated by this Act
shall be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 48 months after
initiation of such study for a multi-function activity.
[Sec. 8023. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national
or international political or psychological activities.
[Sec. 8024. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
[Sec. 8025. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified
nonprofit agencies for the blind or other severely
handicapped shall be afforded the maximum practicable
opportunity to participate as subcontractors and suppliers in
the performance of contracts let by the Department of
Defense.
[(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by small
business concerns pursuant to section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) shall be given credit toward
meeting that subcontracting goal for any purchases made from
qualified nonprofit agencies for the blind or other severely
handicapped.
[(c) For the purpose of this section, the phrase
``qualified nonprofit agency for the blind or other severely
handicapped'' means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Committee
for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
[Sec. 8026. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant to
section 1095 of title 10, United States Code, shall be made
available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility's direct budget amount.
[Sec. 8027. During the current fiscal year, and from any
funds available to the Department of Defense, the Department
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 $23,003,000 shall be available for the Civil Air
Patrol Corporation, of which $21,503,000 shall be available
for Civil Air Patrol Corporation operation and maintenance to
support readiness activities which includes $1,500,000 for
the Civil Air Patrol counterdrug program: Provided, That
funds identified for ``Civil Air Patrol'' under this section
are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any
unit thereof.
[Sec. 8029. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other non-profit entities.
[(b) No member of a Board of Directors, Trustees,
Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC, and no
paid consultant to any defense FFRDC, except when acting in a
technical advisory capacity, may be compensated for his or
her services as a member of such entity, or as a paid
consultant by more than one FFRDC in a fiscal year: Provided,
That a member of any such entity referred to previously in
this subsection shall be allowed travel expenses and per diem
as authorized under the Federal Joint Travel Regulations,
when engaged in the performance of membership duties.
[(c) Notwithstanding any other provision of law, none of
the funds available to the department from any source during
fiscal year 2003 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
[(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2003,
not more than 6,277 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,029 staff years may be funded for
the defense studies and analysis FFRDCs.
[(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 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.
[Sec. 8030. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned facility
or property under the control of the Department of Defense
which were not melted and rolled in the United States or
Canada: Provided, That these procurement restrictions shall
apply to any and all Federal Supply Class 9515, American
Society of Testing and Materials (ASTM) or American Iron and
Steel Institute (AISI) specifications of carbon, alloy or
armor steel plate: Provided further, That the Secretary of
the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the House
of Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
[Sec. 8031. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
[Sec. 8032. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
[Sec. 8033. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
[(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
[(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases
from foreign entities in fiscal year 2002. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
[(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
[Sec. 8034. Appropriations contained in this Act that
remain available at the end of the current fiscal year as a
result of energy cost savings realized by the Department of
Defense shall remain available for obligation for the next
fiscal year to the extent, and for the purposes, provided in
section 2865 of title 10, United States Code.
[(including transfer of funds)
[Sec. 8035. Amounts deposited during the current fiscal
year to the special account established under 40 U.S.C.
485(h)(2) and to the special account established under 10
U.S.C. 2667(d)(1) are appropriated and shall be available
until transferred by the Secretary of Defense to current
applicable appropriations or funds of the Department of
Defense under the terms and conditions specified by 40 U.S.C.
485(h)(2)(A) and (B) and 10 U.S.C. 2667(d)(1)(B), to be
merged with and to be available for the same time period and
the same purposes as the appropriation to which transferred.
[Sec. 8036. The President shall include with each budget
for a fiscal year submitted to the Congress under section
1105 of title 31, United States Code, materials that shall
identify clearly and separately the amounts requested in the
budget for appropriation for that fiscal year for salaries
and expenses related to administrative activities of the
Department of Defense, the military departments, and the
defense agencies.
[[Page S7664]]
[Sec. 8037. Notwithstanding any other provision of law,
funds available for ``Drug Interdiction and Counter-Drug
Activities, Defense'' may be obligated for the Young Marines
program.
[(including transfer of funds)
[Sec. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
[Sec. 8039. (a) In General.--Notwithstanding any other
provision of law, the Secretary of the Air Force may convey
at no cost to the Air Force, without consideration, to Indian
tribes located in the States of North Dakota, South Dakota,
Montana, and Minnesota relocatable military housing units
located at Grand Forks Air Force Base and Minot Air Force
Base that are excess to the needs of the Air Force.
[(b) Processing of Requests.--The Secretary of the Air
Force shall convey, at no cost to the Air Force, military
housing units under subsection (a) in accordance with the
request for such units that are submitted to the Secretary by
the Operation Walking Shield Program on behalf of Indian
tribes located in the States of North Dakota, South Dakota,
Montana, and Minnesota.
[(c) Resolution of Housing Unit Conflicts.--The Operation
Walking Shield program shall resolve any conflicts among
requests of Indian tribes for housing units under subsection
(a) before submitting requests to the Secretary of the Air
Force under subsection (b).
[(d) Indian Tribe Defined.--In this section, the term
``Indian tribe'' means any recognized Indian tribe included
on the current list published by the Secretary of the
Interior under section 104 of the federally Recognized Indian
Tribe Act of 1994 (Public Law 103-454; 108 Stat. 4792; 25
U.S.C. 479a-1).
[Sec. 8040. During the current fiscal year, appropriations
which are available to the Department of Defense for
operation and maintenance may be used to purchase items
having an investment item unit cost of not more than
$100,000.
[Sec. 8041. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
[(b) The fiscal year 2004 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2004 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2004 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
[Sec. 8042. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2004: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for agent operations and
for covert action programs authorized by the President under
section 503 of the National Security Act of 1947, as amended,
shall remain available until September 30, 2004.
[Sec. 8043. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
[Sec. 8044. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $10,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
[Sec. 8045. Amounts collected for the use of the facilities
of the National Science Center for Communications and
Electronics during the current fiscal year and hereafter
pursuant to section 1459(g) of the Department of Defense
Authorization Act, 1986, and deposited to the special account
established under subsection 1459(g)(2) of that Act are
appropriated and shall be available until expended for the
operation and maintenance of the Center as provided for in
subsection 1459(g)(2).
[Sec. 8046. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
[(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
[(c) In the case of any equipment or products purchased
with appropriations provided under this Act, it is the sense
of the Congress that any entity of the Department of Defense,
in expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
[Sec. 8047. None of the funds appropriated by this Act
shall be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
[(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
[(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
[(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support:
[Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
[Sec. 8048. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
[(1) to establish a field operating agency; or
[(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
[(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
[(c) This section does not apply to field operating
agencies funded within the National Foreign Intelligence
Program.
[Sec. 8049. Notwithstanding section 303 of Public Law 96-
487 or any other provision of law, the Secretary of the Navy
is authorized to lease real and personal property at Naval
Air Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f),
for commercial, industrial or other purposes: Provided, That
notwithstanding any other provision of law, the Secretary of
the Navy may remove hazardous materials from facilities,
buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and
structures.
[(RESCISSIONS)
[Sec. 8050. Of the funds provided in Department of Defense
Appropriations Acts, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts:
[``Aircraft Procurement, Army, 2002/2004'', $3,000,000;
[``Missile Procurement, Army, 2002/2004'', $28,350,000;
[``Procurement of Weapons and Tracked Combat Vehicles,
Army, 2002/2004'', $9,500,000;
[``Procurement of Ammunition, Army, 2002/2004'',
$25,500,000;
[``Procurement, Marine Corps, 2002/2004'', $4,682,000;
[``Aircraft Procurement, Air Force, 2002/2004'',
$23,500,000;
[``Missile Procurement, Air Force, 2002/2004'',
$26,900,000;
[``Research, Development, Test and Evaluation, Army, 2002/
2003'', $2,500,000;
[``Research, Development, Test and Evaluation, Navy, 2002/
2003'', $2,000,000; and
[``Research, Development, Test and Evaluation, Air Force,
2002/2003'', $67,000,000.
[[Page S7665]]
[Sec. 8051. None of the funds available in this Act may be
used to reduce the authorized positions for military
(civilian) technicians of the Army National Guard, the Air
National Guard, Army Reserve and Air Force Reserve for the
purpose of applying any administratively imposed civilian
personnel ceiling, freeze, or reduction on military
(civilian) technicians, unless such reductions are a direct
result of a reduction in military force structure.
[Sec. 8052. None of the funds appropriated or otherwise
made available in this Act may be obligated or expended for
assistance to the Democratic People's Republic of North Korea
unless specifically appropriated for that purpose.
[Sec. 8053. During the current fiscal year, funds
appropriated in this Act are available to compensate members
of the National Guard for duty performed pursuant to a plan
submitted by a Governor of a State and approved by the
Secretary of Defense under section 112 of title 32, United
States Code: Provided, That during the performance of such
duty, the members of the National Guard shall be under State
command and control: Provided further, That such duty shall
be treated as full-time National Guard duty for purposes of
sections 12602(a)(2) and (b)(2) of title 10, United States
Code.
[Sec. 8054. Funds appropriated in this Act for operation
and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for
reimbursement of pay, allowances and other expenses which
would otherwise be incurred against appropriations for the
National Guard and Reserve when members of the National Guard
and Reserve provide intelligence or counterintelligence
support to Combatant Commands, Defense Agencies and Joint
Intelligence Activities, including the activities and
programs included within the National Foreign Intelligence
Program (NFIP), the Joint Military Intelligence Program
(JMIP), and the Tactical Intelligence and Related Activities
(TIARA) aggregate: Provided, That nothing in this section
authorizes deviation from established Reserve and National
Guard personnel and training procedures.
[Sec. 8055. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2002
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
[Sec. 8056. (a) Limitation on Pentagon Renovation Costs.--
Not later than the date each year on which the President
submits to Congress the budget under section 1105 of title
31, United States Code, the Secretary of Defense shall submit
to Congress a certification that the total cost for the
planning, design, construction, and installation of equipment
for the renovation of wedges 2 through 5 of the Pentagon
Reservation, cumulatively, will not exceed four times the
total cost for the planning, design, construction, and
installation of equipment for the renovation of wedge 1.
[(b) Annual Adjustment.--For purposes of applying the
limitation in subsection (a), the Secretary shall adjust the
cost for the renovation of wedge 1 by any increase or
decrease in costs attributable to economic inflation, based
on the most recent economic assumptions issued by the Office
of Management and Budget for use in preparation of the budget
of the United States under section 1104 of title 31, United
States Code.
[(c) Exclusion of Certain Costs.--For purposes of
calculating the limitation in subsection (a), the total cost
for wedges 2 through 5 shall not include--
[(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on
September 11, 2001;
[(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of Federal,
State, or local laws; and
[(3) any increase in costs attributable to additional
security requirements that the Secretary of Defense considers
essential to provide a safe and secure working environment.
[(d) Certification Cost Reports.--As part of the annual
certification under subsection (a), the Secretary shall
report the projected cost (as of the time of the
certification) for--
[(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
[(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that
occurred on September 11, 2001.
[(e) Duration of Certification Requirement.--The
requirement to make an annual certification under subsection
(a) shall apply until the Secretary certifies to Congress
that the renovation of the Pentagon Reservation is completed.
[Sec. 8057. Notwithstanding any other provision of law,
that not more than 35 percent of funds provided in this Act
for environmental remediation may be obligated under
indefinite delivery/indefinite quantity contracts with a
total contract value of $130,000,000 or higher.
[Sec. 8058. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
[(b) None of the funds available to the Central
Intelligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any other
department or agency of the United States except as
specifically provided in an appropriations law.
[(transfer of funds)
[Sec. 8059. Appropriations available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' for
increasing energy and water efficiency in Federal buildings
may, during their period of availability, be transferred to
other appropriations or funds of the Department of Defense
for projects related to increasing energy and water
efficiency, to be merged with and to be available for the
same general purposes, and for the same time period, as the
appropriation or fund to which transferred.
[Sec. 8060. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
[Sec. 8061. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to American Samoa, and
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military
project.
[Sec. 8062. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
[Sec. 8063. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to
participate in any manufacturing extension program financed
by funds appropriated in this or any other Act.
[Sec. 8064. Notwithstanding any other provision of law,
each contract awarded by the Department of Defense during the
current fiscal year for construction or service performed in
whole or in part in a State (as defined in section 381(d) of
title 10, United States Code) which is not contiguous with
another State and has an unemployment rate in excess of the
national average rate of unemployment as determined by the
Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous
with another State, individuals who are residents of such
State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the
interest of national security.
[Sec. 8065. 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.
[Sec. 8066. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
[(b) Covered Activities.--This section applies to--
[(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the
[[Page S7666]]
United Nations Charter under the authority of a United
Nations Security Council resolution; and
[(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
[(c) Required Notice.--A notice under subsection (a) shall
include the following:
[(1) A description of the equipment, supplies, or services
to be transferred.
[(2) A statement of the value of the equipment, supplies,
or services to be transferred.
[(3) In the case of a proposed transfer of equipment or
supplies--
[(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
[(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
[Sec. 8067. To the extent authorized by subchapter VI of
chapter 148 of title 10, United States Code, the Secretary of
Defense may issue loan guarantees in support of United States
defense exports not otherwise provided for: Provided, That
the total contingent liability of the United States for
guarantees issued under the authority of this section may not
exceed $15,000,000,000: Provided further, That the exposure
fees charged and collected by the Secretary for each
guarantee shall be paid by the country involved and shall not
be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate and the
Committees on Appropriations, Armed Services, and
International Relations in the House of Representatives on
the implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to the
special account provided for under section 2540c(d) of title
10, shall be available for paying the costs of administrative
expenses of the Department of Defense that are attributable
to the loan guarantee program under subchapter VI of chapter
148 of title 10, United States Code.
[Sec. 8068. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of
Defense for costs of any amount paid by the contractor to an
employee when--
[(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
[(2) such bonus is part of restructuring costs associated
with a business combination.
[Sec. 8069. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or
provide for the transportation of chemical munitions or
agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
[(b) The prohibition in subsection (a) shall not apply to
any obsolete World War II chemical munition or agent of the
United States found in the World War II Pacific Theater of
Operations.
[(c) The President may suspend the application of
subsection (a) during a period of war in which the United
States is a party.
[(including transfer of funds)
[Sec. 8070. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
[Sec. 8071. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
[(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
[(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
[(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
[Sec. 8072. Funds appropriated in title II of this Act and
for the Defense Health Program in title VI of this Act for
supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable order
is accepted by the performing activity: Provided, That for
the purpose of this section, supervision and administration
costs includes all in-house Government cost.
[Sec. 8073. During the current fiscal year, the Secretary
of Defense may waive reimbursement of the cost of
conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for
Security Studies for military officers and civilian officials
of foreign nations if the Secretary determines that
attendance by such personnel, without reimbursement, is in
the national security interest of the United States:
Provided, That costs for which reimbursement is waived
pursuant to this section shall be paid from appropriations
available for the Asia-Pacific Center.
[Sec. 8074. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
[(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
[Sec. 8075. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern such agreements will include
the use of United States anthracite as the base load energy
for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
[Sec. 8076. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of
Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the
national security interest to do so.
[Sec. 8077. None of the funds made available in this Act
may be used to approve or license the sale of the F-22
advanced tactical fighter to any foreign government.
[Sec. 8078. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
[(b) Subsection (a) applies with respect to--
[(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
[(2) options for the procurement of items that are
exercised after such date under contracts that are entered
into before such date if the option prices are adjusted for
any reason other than the application of a waiver granted
under subsection (a).
[(c) Subsection (a) does not apply to a limitation
regarding construction of public vessels, ball and roller
bearings, food, and clothing or textile materials as defined
by section 11 (chapters 50-65) of the Harmonized Tariff
Schedule and products classified under headings 4010, 4202,
4203, 6401 through 6406, 6505, 7019, 7218 through 7229,
7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105,
8108, 8109, 8211, 8215, and 9404.
[Sec. 8079. Funds made available to the Civil Air Patrol in
this Act under the heading ``Drug Interdiction and Counter-
Drug Activities, Defense'' may be used for the Civil Air
Patrol Corporation's counterdrug program, including its
demand reduction program involving youth programs, as well as
operational and training drug reconnaissance missions for
Federal, State, and local government agencies; and for
equipment needed for mission support or performance:
Provided, That the Department of the Air
[[Page S7667]]
Force should waive reimbursement from the Federal, State, and
local government agencies for the use of these funds.
[Sec. 8080. (a) Prohibition.--None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible
information from the Department of State that the unit has
committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
[(b) Monitoring.--The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in
subsection (a), full consideration is given to all credible
information available to the Department of State relating to
human rights violations by foreign security forces.
[(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required
by extraordinary circumstances.
[(d) Report.--Not more than 15 days after the exercise of
any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees
describing the extraordinary circumstances, the purpose and
duration of the training program, the United States forces
and the foreign security forces involved in the training
program, and the information relating to human rights
violations that necessitates the waiver.
[Sec. 8081. The Secretary of Defense, in coordination with
the Secretary of Health and Human Services, may carry out a
program to distribute surplus dental equipment of the
Department of Defense, at no cost to the Department of
Defense, to Indian health service facilities and to
federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
[Sec. 8082. The total amount appropriated in this Act is
hereby reduced by $615,000,000 to reflect savings from
favorable foreign currency fluctuations, to be derived as
follows:
[``Military Personnel, Army'', $154,000,000;
[``Military Personnel, Navy'', $11,000,000;
[``Military Personnel, Marine Corps'', $21,000,000;
[``Military Personnel, Air Force'', $49,000,000;
[``Operation and Maintenance, Army'', $189,000,000;
[``Operation and Maintenance, Navy'', $40,000,000;
[``Operation and Maintenance, Marine Corps'', $3,000,000;
[``Operation and Maintenance, Air Force'', $80,000,000; and
[``Operation and Maintenance, Defense-Wide'', $68,000,000.
[Sec. 8083. None of the funds appropriated or made
available in this Act to the Department of the Navy shall be
used to develop, lease or procure the T-AKE class of ships
unless the main propulsion diesel engines and propulsors are
manufactured in the United States by a domestically operated
entity: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
[Sec. 8084. None of the funds appropriated or otherwise
made available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
[Sec. 8085. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any
advanced concept technology demonstration project may only be
obligated 30 days after a report, including a description of
the project and its estimated annual and total cost, has been
provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
[Sec. 8086. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense
policies governing the provision of care provided by and
financed under the military health care system's case
management program under 10 U.S.C. 1079(a)(17), the term
``custodial care'' shall be defined as care designed
essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision of
trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management
program shall provide that members and retired members of the
military services, and their dependents and survivors, have
access to all medically necessary health care through the
health care delivery system of the military services
regardless of the health care status of the person seeking
the health care: Provided further, That the case management
program shall be the primary obligor for payment of medically
necessary services and shall not be considered as secondarily
liable to title XIX of the Social Security Act, other welfare
programs or charity based care.
[Sec. 8087. During the current fiscal year, refunds
attributable to the use of the Government travel card,
refunds attributable to the use of the Government Purchase
Card and refunds attributable to official Government travel
arranged by Government Contracted Travel Management Centers
may be credited to operation and maintenance accounts of the
Department of Defense which are current when the refunds are
received.
[Sec. 8088. (a) Registering Financial Management
Information Technology Systems With DOD Chief Information
Officer.--None of the funds appropriated in this Act may be
used for a mission critical or mission essential financial
management information technology system (including a system
funded by the defense working capital fund) that is not
registered with the Chief Information Officer of the
Department of Defense. A system shall be considered to be
registered with that officer upon the furnishing to that
officer of notice of the system, together with such
information concerning the system as the Secretary of Defense
may prescribe. A financial management information technology
system shall be considered a mission critical or mission
essential information technology system as defined by the
Under Secretary of Defense (Comptroller).
[(b) Certifications as to Compliance With Financial
Management Modernization Plan.--(1) During the current fiscal
year, a financial management major automated information
system may not receive Milestone A approval, Milestone B
approval, or full rate production, or their equivalent,
within the Department of Defense until the Under Secretary of
Defense (Comptroller) certifies, with respect to that
milestone, that the system is being developed and managed in
accordance with the Department's Financial Management
Modernization Plan. The Under Secretary of Defense
(Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
[(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
[(c) Certifications as to Compliance With Clinger-Cohen
Act.--(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval,
Milestone B approval, or full rate production approval, or
their equivalent, within the Department of Defense until the
Chief Information Officer certifies, with respect to that
milestone, that the system is being developed in accordance
with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).
The Chief Information Officer may require additional
certifications, as appropriate, with respect to any such
system.
[(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and
milestone schedule for each system covered by such a
certification and confirmation that the following steps have
been taken with respect to the system:
[(A) Business process reengineering.
[(B) An analysis of alternatives.
[(C) An economic analysis that includes a calculation of
the return on investment.
[(D) Performance measures.
[(E) An information assurance strategy consistent with the
Department's Global Information Grid.
[(d) Definitions.--For purposes of this section:
[(1) The term ``Chief Information Officer'' means the
senior official of the Department of Defense designated by
the Secretary of Defense pursuant to section 3506 of title
44, United States Code.
[(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
[(3) The term ``major automated information system'' has
the meaning given that term in Department of Defense
Directive 5000.1.
[Sec. 8089. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
[Sec. 8090. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services
[[Page S7668]]
for the Department of Defense under a contract that requires
the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are
either: (1) rendered incapable of reuse by the
demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
[Sec. 8091. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under 10 U.S.C. 2667, in the case
of a lease of personal property for a period not in excess of
1 year to any organization specified in 32 U.S.C. 508(d), or
any other youth, social, or fraternal non-profit organization
as may be approved by the Chief of the National Guard Bureau,
or his designee, on a case-by-case basis.
[Sec. 8092. None of the funds appropriated by this Act
shall be used for the support of any nonappropriated funds
activity of the Department of Defense that procures malt
beverages and wine with nonappropriated funds for resale
(including such alcoholic beverages sold by the drink) on a
military installation located in the United States unless
such malt beverages and wine are procured within that State,
or in the case of the District of Columbia, within the
District of Columbia, in which the military installation is
located: Provided, That in a case in which the military
installation is located in more than one State, purchases may
be made in any State in which the installation is located:
Provided further, That such local procurement requirements
for malt beverages and wine shall apply to all alcoholic
beverages only for military installations in States which are
not contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
[Sec. 8093. During the current fiscal year, 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 Veterans Administration and
federally-funded health agencies providing services to Native
Hawaiians for the purpose of establishing a partnership
similar to the Alaska Federal Health Care Partnership, in
order to maximize Federal resources in the provision of
health care services by federally-funded health agencies,
applying telemedicine technologies. For the purpose of this
partnership, Native Hawaiians shall have the same status as
other Native Americans who are eligible for the health care
services provided by the Indian Health Service.
[(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No.
13084 (issued May 14, 1998), with Native Hawaiians for the
purpose of assuring maximum Native Hawaiian participation in
the direction and administration of governmental services so
as to render those services more responsive to the needs of
the Native Hawaiian community.
[(c) For purposes of this section, the term ``Native
Hawaiian'' means any individual who is a descendant of the
aboriginal people who, prior to 1778, occupied and exercised
sovereignty in the area that now comprises the State of
Hawaii.
[Sec. 8095. Of the amounts appropriated in this Act for the
Arrow missile defense program under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'',
$131,700,000 shall be made available for the purpose of
continuing the Arrow System Improvement Program (ASIP),
continuing ballistic missile defense interoperability with
Israel, and continuing development of an Arrow production
capability in the United States.
[Sec. 8096. Funds available to the Department of Defense
for the Global Positioning System during the current fiscal
year may be used to fund civil requirements associated with
the satellite and ground control segments of such system's
modernization program.
[(including transfer of funds)
[Sec. 8097. Of the amounts appropriated in this Act under
the heading, ``Operation and Maintenance, Defense-Wide'',
$68,000,000 shall remain available until expended: Provided,
That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds to
other activities of the Federal Government.
[Sec. 8098. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2003.
[Sec. 8099. In addition to amounts provided in this Act,
$2,000,000 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. The total amount appropriated in Title II of
this Act is hereby reduced by $51,000,000, to reflect savings
attributable to improvements in the management of advisory
and assistance services contracted by the military
departments, to be derived as follows:
[``Operation and Maintenance, Army'', $11,000,000;
[``Operation and Maintenance, Navy'', $10,000,000; and
[``Operation and Maintenance, Air Force'', $30,000,000.
[(including transfer of funds)
[Sec. 8101. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy,''
$644,899,000 shall be available until September 30, 2003, to
fund prior year shipbuilding cost increases: Provided, That
upon enactment of this Act, the Secretary of Defense shall
transfer such funds to the following appropriations in the
amount specified: Provided further, That the amounts
transferred shall be merged with and shall be available for
the same purposes as the appropriations to which transferred:
[To:
[Under the heading, ``Shipbuilding and Conversion, Navy,
1996/2003'':
[LPD-17 Amphibious Transport Dock Ship Program,
$232,681,000;
[Under the heading, ``Shipbuilding and Conversion, Navy,
1998/2003'':
[DDG-51 Destroyer Program, $47,400,000;
[New SSN, $156,682,000;
[Under the heading, ``Shipbuilding and Conversion, Navy,
1999/2003'':
[LPD-17 Amphibious Transport Dock Ship Program,
$10,000,000;
[DDG-51 Destroyer Program, $56,736,000;
[New SSN, $120,000,000;
[Under the heading, ``Shipbuilding and Conversion, Navy,
2000/2003'':
[DDG-51 Destroyer Program, $21,200,000;
[Under the heading, ``Shipbuilding and Conversion, Navy,
2001/2008'':
[DDG-51 Destroyer Program, $200,000.
[Sec. 8102. The Secretary of the Navy may settle, or
compromise, and pay any and all admiralty claims under 10
U.S.C. 7622 arising out of the collision involving the U.S.S.
GREENEVILLE and the EHIME MARU, in any amount and without
regard to the monetary limitations in subsections (a) and (b)
of that section: Provided, That such payments shall be made
from funds available to the Department of the Navy for
operation and maintenance.
[Sec. 8103. The total amount appropriated in Title II of
this Act is hereby reduced by $97,000,000, to reflect savings
attributable to improved supervision in determining
appropriate purchases to be made using the Government
purchase card, to be derived as follows:
[``Operation and Maintenance, Army'', $24,000,000;
[``Operation and Maintenance, Navy'', $29,000,000;
[``Operation and Maintenance, Marine Corps'', $3,000,000;
[``Operation and Maintenance, Air Force'', $27,000,000; and
[``Operation and Maintenance, Defense-Wide'', $14,000,000.
[Sec. 8104. Funds provided for the current fiscal year or
hereafter for Operation and Maintenance for the Armed Forces
may be used, notwithstanding any other provision of law, for
the purchase of ultralightweight camouflage net systems as
unit spares.
[(including transfer of funds)
[Sec. 8105. During the current fiscal year and hereafter,
notwithstanding any other provision of law, the Secretary of
Defense may transfer not more than $20,000,000 of unobligated
balances remaining in a Research, Development, Test and
Evaluation, Army appropriation account during the last fiscal
year before the account closes under section 1552 of title 31
United States Code, to a current Research, Development, Test
and Evaluation, Army appropriation account to be used only
for the continuation of the Venture Capital Fund
demonstration, as originally approved in Section 8150 of
Public Law 107-117, to pursue high payoff technology and
innovations in science and technology: Provided, That any
such transfer shall be made not later than July 31 of each
year: Provided further, That funds so transferred shall be
merged with and shall be available for the same purposes and
for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this section is in addition to any other transfer
authority available to the Department of Defense: Provided
further, That, no funds for programs, projects, or activities
designated as special congressional interest items in DD Form
1414 shall be eligible for transfer under the authority of
this section: Provided further, That any unobligated balances
transferred under this authority may be restored to the
original appropriation if required to cover unexpected upward
adjustments: Provided further, That the Secretary of the Army
shall provide an annual report to the House and Senate
Appropriations Committees no later than 15 days prior to the
annual transfer of funds under authority
[[Page S7669]]
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. Section 1111(c) of title 10 is amended in the
first sentence by striking ``may'' after the Secretary of
Defense and inserting ``shall'' after the Secretary of
Defense.
[(including transfer of funds)
[Sec. 8109. During the current fiscal year, amounts in or
credited to the Defense Cooperation Account under 10 U.S.C.
2608(b) are hereby appropriated and shall be available for
obligation and expenditure consistent with the purposes for
which such amounts were contributed and accepted for transfer
by the Secretary of Defense to such appropriations or funds
of the Department of Defense as the Secretary shall
determine, 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 the Secretary shall
provide written notification to the congressional defense
committees 30 days prior to such transfer: Provided further,
That the Secretary of Defense shall report to the Congress
quarterly all transfers made pursuant to this authority:
Provided further, That this transfer authority is in addition
to any other transfer authority available to the Department
of Defense.
[Sec. 8110. Notwithstanding section 1116(c) of title 10,
United States Code, payments into the Department of Defense
Medicare-Eligible Retiree Health Care Fund for fiscal year
2003 under section 1116(a) of such title shall be made from
funds available in this Act for the pay of military
personnel.
[Sec. 8111. None of the funds in this Act may be used to
initiate a new start program without prior notification to
the Office of Secretary of Defense and the congressional
defense committees.
[Sec. 8112. The amount appropriated in title II of this Act
is hereby reduced by $470,000,000 to reflect Working Capital
Fund cash balance and rate stabilization adjustments, to be
derived as follows:
[``Operation and Maintenance, Navy'', $440,000,000; and
[``Operation and Maintenance, Air Force'', $30,000,000.
[Sec. 8113. Notwithstanding any other provision in this
Act, the total amount appropriated in this Act is hereby
reduced by $475,000,000, to reduce excess funded carryover,
to be derived as follows:
[``Operation and Maintenance, Army'', $48,000,000;
[``Operation and Maintenance, Navy'', $285,000,000;
[``Operation and Maintenance, Marine Corps'', $8,000,000;
and
[``Operation and Maintenance, Air Force'', $134,000,000.
[Sec. 8114. Notwithstanding any other provision of law,
none of the funds appropriated or otherwise made available by
this or any other appropriations Acts may be obligated for
the purpose of transferring the Medical Free Electron Laser
(MFEL) Program from the Department of Defense to any other
Government agency.
[Sec. 8115. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $4,000,000 is hereby
appropriated to the Department of Defense for ``Operation and
Maintenance, Army National Guard''. Such amount shall be made
available to the Secretary of the Army only to make a grant
in the amount of $4,000,000 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. (a) Commission on Adequacy of Armed Forces
Training Facilities.--The Secretary of Defense shall
establish an advisory committee under section 173 of title
10, United States Code, to assess the availability of
adequate training facilities for the Armed Forces in the
United States and overseas and the adverse impact of
residential and industrial encroachment, requirements of
environmental laws, and other factors on military training
and the coordination of military training among the United
States and its allies.
[(b) Members.--The advisory committee shall be composed of
persons who are not active-duty members of the Armed Forces
or officers or employees of the Department of Defense.
[(c) Report.--Not later than July 31, 2003, the advisory
committee shall submit to the Secretary of Defense and the
congressional defense committees a report containing the
results of the assessment and such recommendations as the
committee considers necessary.
[(d) Funding.--Funds for the activities of the advisory
committee shall be provided from amounts appropriated for
operation and maintenance for Defense-Wide activities for
fiscal year 2003.
[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) There is a full transition of not less than 20,000
work stations to the Navy-Marine Corps Intranet.
[(2) Those work stations undergo operational test and
evaluation--
[(A) to evaluate and demonstrate the ability of the
infrastructure and services of the Navy-Marine Corps Intranet
to support Department of the Navy operational, office, and
business functionality and processes; and
[(B) to evaluate the effectiveness and suitability of the
Navy-Marine Corps Intranet to support accomplishment of Navy
and Marine Corps missions.
[(3) The Director of Operational Test and Evaluation of the
Department of Defense completes an assessment of the
operational test and evaluation and provides the results of
the assessment and recommendations to the Under Secretary of
Defense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense.
[(4) The Under Secretary of Defense for Acquisition,
Technology, and Logistics and the Chief Information Officer
of the Department of Defense determine that the results of
the test and evaluation 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;
[(b) Certification that any future retrofit costs to F-22
production aircraft, ordered or delivered prior to the
conclusion of DIOT&E, that result from changes required from
developmental or operational test and evaluation will not
increase the total F-22 program cost as estimated in the
President's fiscal year 2003 budget; and
[(c) 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
[[Page S7670]]
adding at the end the following new sentences: ``From amounts
transferred to the Pentagon Reservation Maintenance Revolving
Fund pursuant to the preceding sentence, not to exceed
$305,000,000 may be transferred to the Defense Emergency
Response Fund, but only in amounts necessary to reimburse
that fund (and the category of that fund designated as
`Pentagon Repair/Upgrade') for expenses charged to that fund
(and that category) between September 11, 2001, and January
10, 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. (a) Termination of Crusader Artillery System.--
Consistent with the budget amendment to the fiscal year 2003
President's Budget submitted to Congress on May 29, 2002, for
termination of the Crusader Artillery System, the Department
of Defense is authorized to terminate the Crusader program.
Such termination shall be carried out in a prudent and
deliberate manner in order to provide for the orderly
termination of the program.
[(b) Acceleration of Other Indirect Fire Systems.--Of the
funds appropriated or otherwise made available in this Act,
under the heading ``Research, Development, Test, and
Evaluation, Army'', $305,109,000 shall be available only to
accelerate the development, demonstration, and fielding of
indirect fire platforms, precision munitions, and related
technology.
[(c) Acceleration of Objective Force Artillery and Resupply
Systems.--(1) Immediately upon termination of the Crusader
Artillery System program, the Department of the Army shall
enter into a contract to leverage technologies developed with
funds invested in fiscal year 2002 and prior years under the
Crusader Artillery System program, the Future Scout and
Cavalry System program, the Composite Armored Vehicle
program, and other Army development programs in order to
develop and field, by 2008, a Non-Line of Sight (NLOS)
Objective Force artillery system and Resupply Vehicle
variants of the Future Combat System.
[(2) Of the funds appropriated or otherwise made available
in this Act under the heading ``Research, Development, Test,
and Evaluation, Army'', $368,500,000 is available only for
the Objective Force Indirect Fire Systems for the Army to
implement this subsection: Provided, That none of the funds
in this or any other Act shall be available for research,
development, test, or evaluation of any Objective Force or
Future Combat System indirect fire system until the Secretary
of the Army has submitted a written certification to the
congressional defense committees that a contract has been
awarded pursuant to subsection (c)(1) containing a program
plan and schedule for production and fielding a Future Combat
System Non-Line of Sight Objective Force artillery system and
Resupply Vehicle variants by 2008.
[Sec. 8122. None of the funds made available in this Act
may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
[Sec. 8123. Of the total amount appropriated pursuant to
this Act for any component of the Department of Defense that
the Director of the Office of Management and Budget has
identified (as of the date of the enactment of this Act)
under subsection (c) of section 3515 of title 31, United
States Code, as being required to have audited financial
statements meeting the requirements of subsection (b) of that
section, not more than 99 percent may be obligated until the
Inspector General of the Department of Defense submits an
audit of that component pursuant to section 3521(e) of title
31, United States Code.
[Sec. 8124. None of the funds provided in this Act may be
used to relocate the headquarters of the United States Army,
South, from Fort Buchanan, Puerto Rico, to a location in the
continental United States.
[This Act may be cited as the ``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, $26,939,792,000.
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, $21,975,201,000.
Military Personnel, Marine Corps
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps on
active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97-377, as amended (42 U.S.C. 402 note), and to
the Department of Defense Military Retirement Fund,
$8,507,187,000.
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, $22,036,405,000.
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,
$3,402,055,000.
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, $1,918,352,000.
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, $554,383,000.
Reserve Personnel, Air Force
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and 8038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing
reserve training, or while performing drills or equivalent
duty or other duty, and for members of the Air Reserve
Officers' Training Corps, and expenses authorized by section
16131 of title 10, United States Code; and for payments to
the Department of Defense Military Retirement Fund,
$1,237,504,000.
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, $5,128,588,000.
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, $2,126,061,000.
[[Page S7671]]
TITLE II
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
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, $24,048,107,000: Provided, That of the
funds appropriated in this paragraph, not less than
$355,000,000 shall be made available only for conventional
ammunition care and maintenance.
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,
$29,410,276,000.
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, $3,576,142,000.
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, $27,463,678,000.
Operation and Maintenance, Defense-Wide
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, $14,527,853,000, of which not to exceed
$25,000,000 may be available for the CINC initiative fund
account; and of which not to exceed $34,500,000 can be used
for emergencies and extraordinary expenses, to be expended on
the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for
confidential military purposes.
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,
$1,963,710,000.
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,
$1,233,759,000.
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, $185,532,000.
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, $2,160,604,000.
Operation and Maintenance, Army National Guard
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance,
operation, and repairs to structures and facilities; hire of
passenger motor vehicles; personnel services in the National
Guard Bureau; travel expenses (other than mileage), as
authorized by law for Army personnel on active duty, for Army
National Guard division, regimental, and battalion commanders
while inspecting units in compliance with National Guard
Bureau regulations when specifically authorized by the Chief,
National Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of repair,
modification, maintenance, and issue of supplies and
equipment (including aircraft), $4,266,412,000.
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, $4,113,460,000.
Overseas Contingency Operations Transfer Account
(including transfer of funds)
For expenses directly relating to Overseas Contingency
Operations by United States military forces, $50,000,000, to
remain available until expended: Provided, That the Secretary
of Defense may transfer these funds only to military
personnel accounts; operation and maintenance accounts within
this title; the Defense Health Program appropriation;
procurement accounts; research, development, test and
evaluation accounts; and to working capital funds: Provided
further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same
time period, as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided in this paragraph is in
addition to any other transfer authority contained elsewhere
in this Act.
United States Courts of Appeals for the Armed Forces
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $9,614,000, of which
not to exceed $2,500 can be used for official representation
purposes.
Environmental Restoration, Army
(including transfer of funds)
For the Department of the Army, $395,900,000, to remain
available until transferred: Provided, That the Secretary of
the Army shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Army, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Army,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Environmental Restoration, Navy
(including transfer of funds)
For the Department of the Navy, $256,948,000, to remain
available until transferred: Provided, That the Secretary of
the Navy shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of the Navy, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of the Navy,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Environmental Restoration, Air Force
(including transfer of funds)
For the Department of the Air Force, $389,773,000, to
remain available until transferred: Provided, That the
Secretary of the Air Force shall, upon determining that such
funds are required for environmental restoration, reduction
and recycling of hazardous waste, removal of unsafe buildings
and debris of the Department of the Air Force, or for similar
purposes, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Air Force, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further,
That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
Environmental Restoration, Defense-Wide
(including transfer of funds)
For the Department of Defense, $23,498,000, to remain
available until transferred: Provided, That the Secretary of
Defense shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of
hazardous waste, removal of unsafe buildings and debris of
the Department of Defense, or for similar purposes, transfer
the funds made available by this appropriation to other
appropriations made available to the Department of Defense,
to be merged with and to be available for the same purposes
and for the same time period as the appropriations to which
transferred: Provided further, That upon a determination that
all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation.
Environmental Restoration, Formerly Used Defense Sites
(including transfer of funds)
For the Department of the Army, $252,102,000, to remain
available until transferred: Provided,
[[Page S7672]]
That the Secretary of the Army shall, upon determining that
such funds are required for environmental restoration,
reduction and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Department
of Defense, transfer the funds made available by this
appropriation to other appropriations made available to the
Department of the Army, to be merged with and to be available
for the same purposes and for the same time period as the
appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the
purposes provided herein, such amounts may be transferred
back to this appropriation.
Overseas Humanitarian, Disaster, and Civic Aid
For expenses relating to the Overseas Humanitarian,
Disaster, and Civic Aid programs of the Department of Defense
(consisting of the programs provided under sections 401, 402,
404, 2547, and 2551 of title 10, United States Code),
$58,400,000, to remain available until September 30, 2004.
Former Soviet Union Threat Reduction
For assistance to the republics of the former Soviet Union,
including assistance provided by contract or by grants, for
facilitating the elimination and the safe and secure
transportation and storage of nuclear, chemical and other
weapons; for establishing programs to prevent the
proliferation of weapons, weapons components, and weapon-
related technology and expertise; for programs relating to
the training and support of defense and military personnel
for demilitarization and protection of weapons, weapons
components and weapons technology and expertise, and for
defense and military contacts, $416,700,000, to remain
available until September 30, 2005: Provided, That of the
amounts provided under this heading, $10,000,000 shall be
available only to support the dismantling and disposal of
nuclear submarines and submarine reactor components in the
Russian Far East.
Support for International Sporting Competitions, Defense
For logistical and security support for international
sporting competitions (including pay and non-travel related
allowances only for members of the Reserve Components of the
Armed Forces of the United States called or ordered to active
duty in connection with providing such support), $19,000,000,
to remain available until expended.
TITLE III
PROCUREMENT
Aircraft Procurement, Army
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
ground handling equipment, spare parts, and accessories
therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
and procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$2,249,389,000, to remain available for obligation until
September 30, 2005.
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,
$1,585,672,000, to remain available for obligation until
September 30, 2005.
Procurement of Weapons and Tracked Combat Vehicles, Army
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including the land necessary therefor, for
the foregoing purposes, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary for the
foregoing purposes, $2,242,058,000, 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,
$1,258,599,000, 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,
$5,783,439,000, to remain available for obligation until
September 30, 2005.
Aircraft Procurement, Navy
For construction, procurement, production, modification,
and modernization of aircraft, equipment, including ordnance,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, including the land
necessary therefor, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of
equipment, appliances, and machine tools in public and
private plants; reserve plant and Government and contractor-
owned equipment layaway, $8,849,955,000, 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,
$1,856,617,000, 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,
$1,169,152,000, 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 (AP), $472,703,000;
SSGN, $404,305,000;
SSGN (AP), $421,000,000;
NSSN, $1,512,652,000;
NSSN (AP), $645,209,000;
CVN Refuelings, $24,000,000;
CVN Refuelings (AP), $195,781,000;
Submarine Refuelings, $435,792,000;
DDG-51 Destroyer, $2,321,502,000;
LPD-17, $596,492,000;
LHD-8, $243,000,000;
LCAC Landing Craft Air Cushion, $89,638,000;
Prior year shipbuilding costs, $1,481,955,000;
Service Craft, $6,756,000; and
For outfitting, post delivery, conversions, and first
destination transportation, $300,608,000;
In all: $9,151,393,000, 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
[[Page S7673]]
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 $180,000 per vehicle; 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,
$4,500,710,000, 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,
$1,357,383,000, to remain available for obligation until
September 30, 2005.
Aircraft Procurement, Air Force
For construction, procurement, lease, and modification of
aircraft and equipment, including armor and armament,
specialized ground handling equipment, and training devices,
spare parts, and accessories therefor; specialized equipment;
expansion of public and private plants, Government-owned
equipment and installation thereof in such plants, erection
of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be
acquired, and construction prosecuted thereon prior to
approval of title; reserve plant and Government and
contractor-owned equipment layaway; and other expenses
necessary for the foregoing purposes including rents and
transportation of things, $13,085,555,000, to remain
available for obligation until September 30, 2005.
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,
$3,364,639,000, 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,
$1,281,864,000, 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 $180,000
per vehicle; lease of passenger motor vehicles; and expansion
of public and private plants, Government-owned equipment and
installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such
lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $10,628,958,000, 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 $180,000 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, $2,958,285,000, 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, $130,000,000,
to remain available for obligation until September 30, 2005:
Provided, That the Chiefs of the Reserve and National Guard
components shall, not later than 30 days after the enactment
of this Act, individually submit to the congressional defense
committees the modernization priority assessment for their
respective Reserve or National Guard component.
Defense Production Act Purchases
For activities by the Department of Defense pursuant to
sections 108, 301, 302, and 303 of the Defense Production Act
of 1950 (50 U.S.C. App. 2078, 2091, 2092, and 2093),
$73,057,000, to remain available until expended, of which,
$5,000,000 may be used for a Processable Rigid-Rod Polymeric
Material Supplier Initiative under title III of the Defense
Production Act of 1950 (50 U.S.C. App 2091 et seq.) to
develop affordable production methods and a domestic supplier
for military and commercial processable rigid-rod polymeric
materials.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $7,410,168,000, to remain available
for obligation until September 30, 2004.
Research, Development, Test and Evaluation, Navy
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including
maintenance, rehabilitation, lease, and operation of
facilities and equipment, $13,275,735,000, 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, $18,537,679,000, 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, $16,611,107,000, 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, $302,554,000, to remain available for obligation
until September 30, 2004.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For the Defense Working Capital Funds, $1,784,956,000:
Provided, That during fiscal year 2003, funds in the Defense
Working Capital Funds may be used for the purchase of not to
exceed 315 passenger carrying motor vehicles for replacement
only for the Defense Security Service, and the purchase of
not to exceed 7 vehicles for replacement only for the Defense
Logistics Agency.
National Defense Sealift Fund
For National Defense Sealift Fund programs, projects, and
activities, and for expenses of the National Defense Reserve
Fleet, as established by section 11 of the Merchant Ship
Sales Act of 1946 (50 U.S.C. App. 1744), and for the
necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $934,129,000, 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
[[Page S7674]]
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.
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, $14,961,497,000, of which $14,283,041,000
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 $394,214,000, to remain available for
obligation until September 30, 2004, shall be for Research,
development, test and evaluation.
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: Provided, That of
these funds $507,500,000 shall not be available until five
days after the Army notifies the Committees on Appropriations
of the House and Senate that it is able to meet milestones
agreed upon by the Office of the Secretary of Defense and the
Office of Management and Budget.
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, $916,107,000: 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,
$212,000,000.
Intelligence Community Management Account
(including transfer of funds)
For necessary expenses of the Intelligence Community
Management Account, $122,754,000 of which $24,252,000 for the
Advanced Research and Development Committee shall remain
available until September 30, 2004: Provided, That of the
funds appropriated under this heading, $34,100,000 shall be
transferred to the Department of Justice for the National
Drug Intelligence Center to support the Department of
Defense's counter-drug intelligence responsibilities, and of
the said amount, $1,500,000 for Procurement shall remain
available until September 30, 2005 and $1,000,000 for
Research, development, test and evaluation shall remain
available until September 30, 2004: Provided further, That
the National Drug Intelligence Center shall maintain the
personnel and technical resources to provide timely support
to law enforcement authorities to conduct document
exploitation of materials collected in Federal, State, and
local law enforcement activity.
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,
$80,000,000, to remain available until expended.
National Security Education Trust Fund
For the purposes of title VIII of Public Law 102-183,
$8,000,000, to be derived from the National Security
Education Trust Fund, to remain available until expended.
TITLE VIII
GENERAL PROVISIONS
Sec. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 8002. During the current fiscal year, provisions of
law prohibiting the payment of compensation to, or employment
of, any person not a citizen of the United States shall not
apply to personnel of the Department of Defense: Provided,
That salary increases granted to direct and indirect hire
foreign national employees of the Department of Defense
funded by this Act shall not be at a rate in excess of the
percentage increase authorized by law for civilian employees
of the Department of Defense whose pay is computed under the
provisions of section 5332 of title 5, United States Code, or
at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever
is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national
employees serving at United States diplomatic missions whose
pay is set by the Department of State under the Foreign
Service Act of 1980: Provided further, That the limitations
of this provision shall not apply to foreign national
employees of the Department of Defense in the Republic of
Turkey.
Sec. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year, unless expressly so provided herein.
Sec. 8004. No more than 20 percent of the appropriations in
this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of
the fiscal year: Provided, That this section shall not apply
to obligations for support of active duty training of reserve
components or summer camp training of the Reserve Officers'
Training Corps.
(transfer of funds)
Sec. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he
may, with the approval of the Office of Management and
Budget, transfer not to exceed $2,000,000,000 of working
capital funds of the Department of Defense or funds made
available in this Act to the Department of Defense for
military functions (except military construction) between
such appropriations or funds or any subdivision thereof, to
be merged with and to be available for the same purposes, and
for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer
may not be used unless for higher priority items, based on
unforeseen military requirements, than those for which
originally appropriated and in no case where the item for
which funds are requested has been denied by the Congress:
Provided further, That the Secretary of Defense shall notify
the Congress promptly of all transfers made pursuant to this
authority or any other authority in this Act: Provided
further, That no part of the funds in this Act shall be
available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for
higher priority items, based on unforeseen military
requirements, than those for which originally appropriated
and in no case where the item for which reprogramming is
requested has been denied by the Congress: Provided further,
That a request for multiple reprogrammings of funds using
authority provided in this section must be made prior to May
31, 2003.
(transfer of funds)
Sec. 8006. During the current fiscal year, cash balances in
working capital funds of the Department of Defense
established pursuant to section 2208 of title 10, United
States Code, may be maintained in only such amounts as are
necessary at any time for cash disbursements to be made from
such funds: Provided, That transfers may be made between such
funds: Provided further, That transfers may be made between
working capital funds and the ``Foreign Currency
Fluctuations, Defense'' appropriation and the ``Operation and
Maintenance'' appropriation accounts in such amounts as may
be determined by the Secretary of Defense, with the approval
of the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense has
notified the Congress of the proposed transfer. Except in
amounts equal to the amounts appropriated to working capital
funds in this Act, no obligations may be made against a
working capital fund to procure or increase the value of war
reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
Sec. 8007. Funds appropriated by this Act may not be used
to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
Sec. 8008. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs
economic order quantity procurement in excess of $20,000,000
in any 1 year of the contract or that includes an unfunded
contingent liability in excess of $20,000,000; or (2) a
contract for advance procurement leading to a multiyear
contract that employs economic order quantity procurement in
excess of $20,000,000 in any 1 year, unless the congressional
defense committees have been notified at least 30 days in
advance of the proposed contract award: Provided, That no
part of any appropriation contained in this Act shall be
available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government's liability: Provided
further,
[[Page S7675]]
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for
any systems or component thereof if the value of the
multiyear contract would exceed $500,000,000 unless
specifically provided in this Act: Provided further, That no
multiyear procurement contract can be terminated without 10-
day prior notification to the congressional defense
committees: Provided further, That the execution of multiyear
authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be used for
multiyear procurement contracts as follows:
C-130 aircraft;
FMTV; and
F/A-18E and F engine.
Sec. 8009. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby
appropriated pursuant to section 401 of title 10, United
States Code, for humanitarian and civic assistance costs
under chapter 20 of title 10, United States Code. Such funds
may also be obligated for humanitarian and civic assistance
costs incidental to authorized operations and pursuant to
authority granted in section 401 of chapter 20 of title 10,
United States Code, and these obligations shall be reported
to the Congress as of September 30 of each year: Provided,
That funds available for operation and maintenance shall be
available for providing humanitarian and similar assistance
by using Civic Action Teams in the Trust Territories of the
Pacific Islands and freely associated states of Micronesia,
pursuant to the Compact of Free Association as authorized by
Public Law 99-239: Provided further, That upon a
determination by the Secretary of the Army that such action
is beneficial for graduate medical education programs
conducted at Army medical facilities located in Hawaii, the
Secretary of the Army may authorize the provision of medical
services at such facilities and transportation to such
facilities, on a nonreimbursable basis, for civilian patients
from American Samoa, the Commonwealth of the Northern Mariana
Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
Sec. 8010. (a) During fiscal year 2003, the civilian
personnel of the Department of Defense may not be managed on
the basis of any end-strength, and the management of such
personnel during that fiscal year shall not be subject to any
constraint or limitation (known as an end-strength) on the
number of such personnel who may be employed on the last day
of such fiscal year.
(b) The fiscal year 2004 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2004 Department of
Defense budget request shall be prepared and submitted to the
Congress as if subsections (a) and (b) of this provision were
effective with regard to fiscal year 2004.
(c) Nothing in this section shall be construed to apply to
military (civilian) technicians.
Sec. 8011. Notwithstanding any other provision of law, none
of the funds made available by this Act shall be used by the
Department of Defense to exceed, outside the 50 United
States, its territories, and the District of Columbia,
125,000 civilian workyears: Provided, That workyears shall be
applied as defined in the Federal Personnel Manual: Provided
further, That workyears expended in dependent student hiring
programs for disadvantaged youths shall not be included in
this workyear limitation.
Sec. 8012. None of the funds made available by this Act
shall be used in any way, directly or indirectly, to
influence congressional action on any legislation or
appropriation matters pending before the Congress.
Sec. 8013. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member
of the Army participating as a full-time student and
receiving benefits paid by the Secretary of Veterans Affairs
from the Department of Defense Education Benefits Fund when
time spent as a full-time student is credited toward
completion of a service commitment: Provided, That this
subsection shall not apply to those members who have
reenlisted with this option prior to October 1, 1987:
Provided further, That this subsection applies only to active
components of the Army.
Sec. 8014. None of the funds appropriated by this Act shall
be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after
the date of the enactment of this Act, is performed by more
than 10 Department of Defense civilian employees until a most
efficient and cost-effective organization analysis is
completed on such activity or function and certification of
the analysis is made to the Committees on Appropriations of
the House of Representatives and the Senate: Provided, That
this section and subsections (a), (b), and (c) of 10 U.S.C.
2461 shall not apply to a commercial or industrial type
function of the Department of Defense that: (1) is included
on the procurement list established pursuant to section 2 of
the Act of June 25, 1938 (41 U.S.C. 47), popularly referred
to as the Javits-Wagner-O'Day Act; (2) is planned to be
converted to performance by a qualified nonprofit agency for
the blind or by a qualified nonprofit agency for other
severely handicapped individuals in accordance with that Act;
or (3) is planned to be converted to performance by a
qualified firm under 51 percent ownership by an Indian tribe,
as defined in section 450b(e) of title 25, United States
Code, or a Native Hawaiian organization, as defined in
section 637(a)(15) of title 15, United States Code.
(transfer of funds)
Sec. 8015. Funds appropriated in title III of this Act for
the Department of Defense Pilot Mentor-Protege Program may be
transferred to any other appropriation contained in this Act
solely for the purpose of implementing a Mentor-Protege
Program developmental assistance agreement pursuant to
section 831 of the National Defense Authorization Act for
Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2301 note),
as amended, under the authority of this provision or any
other transfer authority contained in this Act.
Sec. 8016. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its
departments and agencies) of welded shipboard anchor and
mooring chain 4 inches in diameter and under unless the
anchor and mooring chain are manufactured in the United
States from components which are substantially manufactured
in the United States: Provided, That for the purpose of this
section manufactured will include cutting, heat treating,
quality control, testing of chain and welding (including the
forging and shot blasting process): Provided further, That
for the purpose of this section substantially all of the
components of anchor and mooring chain shall be considered to
be produced or manufactured in the United States if the
aggregate cost of the components produced or manufactured in
the United States exceeds the aggregate cost of the
components produced or manufactured outside the United
States: Provided further, That when adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis, the Secretary of the service
responsible for the procurement may waive this restriction on
a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security
purposes.
Sec. 8017. None of the funds appropriated by this Act
available for the Civilian Health and Medical Program of the
Uniformed Services (CHAMPUS) or TRICARE shall be available
for the reimbursement of any health care provider for
inpatient mental health service for care received when a
patient is referred to a provider of inpatient mental health
care or residential treatment care by a medical or health
care professional having an economic interest in the facility
to which the patient is referred: Provided, That this
limitation does not apply in the case of inpatient mental
health services provided under the program for persons with
disabilities under subsection (d) of section 1079 of title
10, United States Code, provided as partial hospital care, or
provided pursuant to a waiver authorized by the Secretary of
Defense because of medical or psychological circumstances of
the patient that are confirmed by a health professional who
is not a Federal employee after a review, pursuant to rules
prescribed by the Secretary, which takes into account the
appropriate level of care for the patient, the intensity of
services required by the patient, and the availability of
that care.
Sec. 8018. Notwithstanding any other provision of law,
during the current fiscal year, the Secretary of Defense may,
by executive agreement, establish with host nation
governments in NATO member states a separate account into
which such residual value amounts negotiated in the return of
United States military installations in NATO member states
may be deposited, in the currency of the host nation, in lieu
of direct monetary transfers to the United States Treasury:
Provided, That such credits may be utilized only for the
construction of facilities to support United States military
forces in that host nation, or such real property maintenance
and base operating costs that are currently executed through
monetary transfers to such host nations: Provided further,
That the Department of Defense's budget submission for fiscal
year 2004 shall identify such sums anticipated in residual
value settlements, and identify such construction, real
property maintenance or base operating costs that shall be
funded by the host nation through such credits: Provided
further, That all military construction projects to be
executed from such accounts must be previously approved in a
prior Act of Congress: Provided further, That each such
executive agreement with a NATO member host nation shall be
reported to the congressional defense committees, the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate 30 days prior to the conclusion and endorsement of any
such agreement established under this provision.
Sec. 8019. None of the funds available to the Department of
Defense may be used to demilitarize or dispose of M-1
Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles,
.30 caliber rifles, or M-1911 pistols.
Sec. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single
fiscal year for any single relocation of an organization,
unit, activity or function of the Department of Defense into
or within the National Capital Region: Provided, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the congressional
defense committees that such a relocation is required in the
best interest of the Government.
Sec. 8021. (a) 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 Finance Act
of 1974 (25 U.S.C. 1544) to defense contractors at any tier
which make subcontract awards to subcontractors or suppliers
owned by entities defined pursuant to 25 U.S.C. 1544 and
4221(9); and
(b) Section 8022 of the Department of Defense Appropriation
Act (Public Law 106-259) is amended by striking out the
period and adding ``: Provided further, That notwithstanding
41 U.S.C. Sec. 430, this section shall be applicable to any
acquisition for goods and services, including a contract and
subcontracts for procurement of commercial items whenever the
prime contract
[[Page S7676]]
amount is over $500,000 and involves the expenditure of funds
appropriated by this or any other Act.''.
Sec. 8022. None of the funds appropriated by this Act shall
be available to perform any cost study pursuant to the
provisions of OMB Circular A-76 if the study being performed
exceeds a period of 24 months after initiation of such study
with respect to a single function activity or 48 months after
initiation of such study for a multi-function activity.
Sec. 8023. Funds appropriated by this Act for the American
Forces Information Service shall not be used for any national
or international political or psychological activities.
Sec. 8024. Notwithstanding any other provision of law or
regulation, the Secretary of Defense may adjust wage rates
for civilian employees hired for certain health care
occupations as authorized for the Secretary of Veterans
Affairs by section 7455 of title 38, United States Code.
Sec. 8025. (a) Of the funds for the procurement of supplies
or services appropriated by this Act, qualified nonprofit
agencies for the blind or other severely handicapped shall be
afforded the maximum practicable opportunity to participate
as subcontractors and suppliers in the performance of
contracts let by the Department of Defense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by small
business concerns pursuant to section 8(d) of the Small
Business Act (15 U.S.C. 637(d)) shall be given credit toward
meeting that subcontracting goal for any purchases made from
qualified nonprofit agencies for the blind or other severely
handicapped.
(c) For the purpose of this section, the phrase ``qualified
nonprofit agency for the blind or other severely
handicapped'' means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Committee
for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
48).
Sec. 8026. During the current fiscal year, net receipts
pursuant to collections from third party payers pursuant to
section 1095 of title 10, United States Code, shall be made
available to the local facility of the uniformed services
responsible for the collections and shall be over and above
the facility's direct budget amount.
Sec. 8027. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to
exceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation of
receipt of contributions, only from the Government of Kuwait,
under that section: Provided, That upon receipt, such
contributions from the Government of Kuwait shall be credited
to the appropriations or fund which incurred such
obligations.
Sec. 8028. Of the funds made available in this Act, not
less than $21,188,000 shall be available for the Civil Air
Patrol Corporation, of which $19,688,000 shall be available
for Civil Air Patrol Corporation operation and maintenance to
support readiness activities which includes $1,500,000 for
the Civil Air Patrol counterdrug program: Provided, That
funds identified for ``Civil Air Patrol'' under this section
are intended for and shall be for the exclusive use of the
Civil Air Patrol Corporation and not for the Air Force or any
unit thereof.
Sec. 8029. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense
(department) federally funded research and development center
(FFRDC), either as a new entity, or as a separate entity
administrated by an organization managing another FFRDC, or
as a nonprofit membership corporation consisting of a
consortium of other FFRDCs and other non-profit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or
any similar entity of a defense FFRDC, and no paid consultant
to any defense FFRDC, except when acting in a technical
advisory capacity, may be compensated for his or her services
as a member of such entity, or as a paid consultant by more
than one FFRDC in a fiscal year: Provided, That a member of
any such entity referred to previously in this subsection
shall be allowed travel expenses and per diem as authorized
under the Federal Joint Travel Regulations, when engaged in
the performance of membership duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during
fiscal year 2003 may be used by a defense FFRDC, through a
fee or other payment mechanism, for construction of new
buildings, for payment of cost sharing for projects funded by
Government grants, for absorption of contract overruns, or
for certain charitable contributions, not to include employee
participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the
funds available to the department during fiscal year 2003,
not more than 6,300 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That of
the specific amount referred to previously in this
subsection, not more than 1,029 staff years may be funded for
the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submission of
the department's fiscal year 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 $91,600,000.
Sec. 8030. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy or armor
steel plate for use in any Government-owned facility or
property under the control of the Department of Defense which
were not melted and rolled in the United States or Canada:
Provided, That these procurement restrictions shall apply to
any and all Federal Supply Class 9515, American Society of
Testing and Materials (ASTM) or American Iron and Steel
Institute (AISI) specifications of carbon, alloy or armor
steel plate: Provided further, That the Secretary of the
military department responsible for the procurement may waive
this restriction on a case-by-case basis by certifying in
writing to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That these restrictions
shall not apply to contracts which are in being as of the
date of the enactment of this Act.
Sec. 8031. For the purposes of this Act, the term
``congressional defense committees'' means the Armed Services
Committee of the House of Representatives, the Armed Services
Committee of the Senate, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on Appropriations of
the House of Representatives.
Sec. 8032. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance
and repair of aircraft, vehicles and vessels as well as the
production of components and other Defense-related articles,
through competition between Department of Defense depot
maintenance activities and private firms: Provided, That the
Senior Acquisition Executive of the military department or
defense agency concerned, with power of delegation, shall
certify that successful bids include comparable estimates of
all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A-76 shall not apply to competitions conducted under
this section.
Sec. 8033. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the terms
of the agreement by discriminating against certain types of
products produced in the United States that are covered by
the agreement, the Secretary of Defense shall rescind the
Secretary's blanket waiver of the Buy American Act with
respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of understanding,
between the United States and a foreign country pursuant to
which the Secretary of Defense has prospectively waived the
Buy American Act for certain products in that country.
(b) The Secretary of Defense shall submit to the Congress a
report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2003. Such report shall
separately indicate the dollar value of items for which the
Buy American Act was waived pursuant to any agreement
described in subsection (a)(2), the Trade Agreement Act of
1979 (19 U.S.C. 2501 et seq.), or any international agreement
to which the United States is a party.
(c) For purposes of this section, the term ``Buy American
Act'' means title III of the Act entitled ``An Act making
appropriations for the Treasury and Post Office Departments
for the fiscal year ending June 30, 1934, and for other
purposes'', approved March 3, 1933 (41 U.S.C. 10a et seq.).
Sec. 8034. Appropriations contained in this Act that remain
available at the end of the current fiscal year as a result
of energy cost savings realized by the Department of Defense
shall remain available for obligation for the next fiscal
year to the extent, and for the purposes, provided in section
2865 of title 10, United States Code.
(including transfer of funds)
Sec. 8035. Amounts deposited during the current fiscal year
to the special account established under 40 U.S.C. 485(h)(2)
and to the special account established under 10 U.S.C.
2667(d)(1) are appropriated and shall be available until
transferred by the Secretary of Defense to current applicable
appropriations or funds of the Department of Defense under
the terms and conditions specified by 40 U.S.C. 485(h)(2)(A)
and (B) and 10 U.S.C. 2667(d)(1)(B), to be merged with and to
be available for the same time period and the same purposes
as the appropriation to which transferred.
Sec. 8036. The President shall include with each budget for
a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify
clearly and separately the amounts requested in the budget
for appropriation for that fiscal year for salaries and
expenses related to administrative activities of the
Department of Defense, the military departments, and the
defense agencies.
Sec. 8037. Notwithstanding any other provision of law,
funds available for ``Drug Interdiction and Counter-Drug
Activities, Defense'' may be obligated for the Young Marines
program.
(including transfer of funds)
Sec. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8039. (a) In General.--Notwithstanding any other
provision of law, the Secretary of the Air Force may convey
at no cost to the Air
[[Page S7677]]
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: Provided, That the $100,000 limitation shall not
apply to amounts appropriated in this Act under the heading
``Operation and Maintenance, Defense-Wide'' for expenses
related to certain classified activities.
Sec. 8041. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of
Defense Working Capital Funds shall be used for the purchase
of an investment item for the purpose of acquiring a new
inventory item for sale or anticipated sale during the
current fiscal year or a subsequent fiscal year to customers
of the Department of Defense Working Capital Funds if such an
item would not have been chargeable to the Department of
Defense Business Operations Fund during fiscal year 1994 and
if the purchase of such an investment item would be
chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2004 budget request for the Department
of Defense as well as all justification material and other
documentation supporting the fiscal year 2004 Department of
Defense budget shall be prepared and submitted to the
Congress on the basis that any equipment which was classified
as an end item and funded in a procurement appropriation
contained in this Act shall be budgeted for in a proposed
fiscal year 2004 procurement appropriation and not in the
supply management business area or any other area or category
of the Department of Defense Working Capital Funds.
Sec. 8042. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain
available for obligation beyond the current fiscal year,
except for funds appropriated for the Reserve for
Contingencies, which shall remain available until September
30, 2004: Provided, That funds appropriated, transferred, or
otherwise credited to the Central Intelligence Agency Central
Services Working Capital Fund during this or any prior or
subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred
to the Central Intelligence Agency for agent operations and
for covert action programs authorized by the President under
section 503 of the National Security Act of 1947, as amended,
shall remain available until September 30, 2004.
Sec. 8043. Notwithstanding any other provision of law,
funds made available in this Act for the Defense Intelligence
Agency may be used for the design, development, and
deployment of General Defense Intelligence Program
intelligence communications and intelligence information
systems for the Services, the Unified and Specified Commands,
and the component commands.
Sec. 8044. Of the funds appropriated to the Department of
Defense under the heading ``Operation and Maintenance,
Defense-Wide'', not less than $10,000,000 shall be made
available only for the mitigation of environmental impacts,
including training and technical assistance to tribes,
related administrative support, the gathering of information,
documenting of environmental damage, and developing a system
for prioritization of mitigation and cost to complete
estimates for mitigation, on Indian lands resulting from
Department of Defense activities.
Sec. 8045. Of the funds made available in this Act, not
less than $68,900,000 shall be available to maintain an
attrition reserve force of 18 B-52 aircraft, of which
$3,700,000 shall be available from ``Military Personnel, Air
Force'', $40,000,000 shall be available from ``Operation and
Maintenance, Air Force'', and $25,200,000 shall be available
from ``Aircraft Procurement, Air Force'': Provided, That the
Secretary of the Air Force shall maintain a total force of 94
B-52 aircraft, including 18 attrition reserve aircraft,
during fiscal year 2003: Provided further, That the Secretary
of Defense shall include in the Air Force budget request for
fiscal year 2004 amounts sufficient to maintain a B-52 force
totaling 94 aircraft.
Sec. 8046. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense
unless the entity, in expending the funds, complies with the
Buy American Act. For purposes of this subsection, the term
``Buy American Act'' means title III of the Act entitled ``An
Act making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934, and for
other purposes'', approved March 3, 1933 (41 U.S.C. 10a et
seq.).
(b) If the Secretary of Defense determines that a person
has been convicted of intentionally affixing a label bearing
a ``Made in America'' inscription to any product sold in or
shipped to the United States that is not made in America, the
Secretary shall determine, in accordance with section 2410f
of title 10, United States Code, whether the person should be
debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of
the Congress that any entity of the Department of Defense, in
expending the appropriation, purchase only American-made
equipment and products, provided that American-made equipment
and products are cost-competitive, quality-competitive, and
available in a timely fashion.
Sec. 8047. None of the funds appropriated by this Act shall
be available for a contract for studies, analysis, or
consulting services entered into without competition on the
basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines--
(1) as a result of thorough technical evaluation, only one
source is found fully qualified to perform the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant scientific or
technological promise, represents the product of original
thinking, and was submitted in confidence by one source; or
(3) the purpose of the contract is to take advantage of
unique and significant industrial accomplishment by a
specific concern, or to insure that a new product or idea of
a specific concern is given financial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or
production, or contracts as to which a civilian official of
the Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in the
interest of the national defense.
Sec. 8048. (a) Except as provided in subsections (b) and
(c), none of the funds made available by this Act may be
used--
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces or
civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee's place of duty remains at the location of that
headquarters.
(b) The Secretary of Defense or Secretary of a military
department may waive the limitations in subsection (a), on a
case-by-case basis, if the Secretary determines, and
certifies to the Committees on Appropriations of the House of
Representatives and Senate that the granting of the waiver
will reduce the personnel requirements or the financial
requirements of the department.
(c) This section does not apply to field operating agencies
funded within the National Foreign Intelligence Program.
Sec. 8049. Notwithstanding section 303 of Public Law 96-487
or any other provision of law, the Secretary of the Navy is
authorized to lease real and personal property at Naval Air
Facility, Adak, Alaska, pursuant to 10 U.S.C. 2667(f), for
commercial, industrial or other purposes: Provided, That
notwithstanding any other provision of law, the Secretary of
the Navy may remove hazardous materials from facilities,
buildings, and structures at Adak, Alaska, and may demolish
or otherwise dispose of such facilities, buildings, and
structures.
(RESCISSIONS)
Sec. 8050. Of the funds appropriated in Department of
Defense Appropriations Acts, the following funds are hereby
rescinded from the following accounts and programs in the
specified amounts:
``Procurement of Ammunition, Army, 2001/2003'', $4,000,000;
``Other Procurement, Army, 2001/2003'', $8,000,000;
``Other Procurement, Navy, 2001/2003'', $21,200,000;
``Missile Procurement, Army, 2002/2004'', $9,300,000;
``Procurement of Ammunition, Army, 2002/2004'',
$23,000,000;
``Other Procurement, Army, 2002/2004'', $26,200,000;
``Aircraft Procurement, Air Force, 2002/2004'',
$23,500,000;
``Missile Procurement, Air Force, 2002/2004'', $18,000,000;
``Research, Development, Test and Evaluation, Air Force,
2002/2003'', $32,000,000; and
``Research and Development, Defense-Wide, 2002/2003'',
$25,500,000.
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.
[[Page S7678]]
Sec. 8054. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be
incurred against appropriations for the National Guard and
Reserve when members of the National Guard and Reserve
provide intelligence or counterintelligence support to
Combatant Commands, Defense Agencies and Joint Intelligence
Activities, including the activities and programs included
within the National Foreign Intelligence Program (NFIP), the
Joint Military Intelligence Program (JMIP), and the Tactical
Intelligence and Related Activities (TIARA) aggregate:
Provided, That nothing in this section authorizes deviation
from established Reserve and National Guard personnel and
training procedures.
Sec. 8055. During the current fiscal year, none of the
funds appropriated in this Act may be used to reduce the
civilian medical and medical support personnel assigned to
military treatment facilities below the September 30, 2002
level: Provided, That the Service Surgeons General may waive
this section by certifying to the congressional defense
committees that the beneficiary population is declining in
some catchment areas and civilian strength reductions may be
consistent with responsible resource stewardship and
capitation-based budgeting.
Sec. 8056. (a) Limitation on Pentagon Renovation Costs.--
Not later than the date each year on which the President
submits to Congress the budget under section 1105 of title
31, United States Code, the Secretary of Defense shall submit
to Congress a certification that the total cost for the
planning, design, construction, and installation of equipment
for the renovation of wedges 2 through 5 of the Pentagon
Reservation, cumulatively, will not exceed four times the
total cost for the planning, design, construction, and
installation of equipment for the renovation of wedge 1.
(b) Annual Adjustment.--For purposes of applying the
limitation in subsection (a), the Secretary shall adjust the
cost for the renovation of wedge 1 by any increase or
decrease in costs attributable to economic inflation, based
on the most recent economic assumptions issued by the Office
of Management and Budget for use in preparation of the budget
of the United States under section 1104 of title 31, United
States Code.
(c) Exclusion of Certain Costs.--For purposes of
calculating the limitation in subsection (a), the total cost
for wedges 2 through 5 shall not include--
(1) any repair or reconstruction cost incurred as a result
of the terrorist attack on the Pentagon that occurred on
September 11, 2001;
(2) any increase in costs for wedges 2 through 5
attributable to compliance with new requirements of Federal,
State, or local laws; and
(3) any increase in costs attributable to additional
security requirements that the Secretary of Defense considers
essential to provide a safe and secure working environment.
(d) Certification Cost Reports.--As part of the annual
certification under subsection (a), the Secretary shall
report the projected cost (as of the time of the
certification) for--
(1) the renovation of each wedge, including the amount
adjusted or otherwise excluded for such wedge under the
authority of paragraphs (2) and (3) of subsection (c) for the
period covered by the certification; and
(2) the repair and reconstruction of wedges 1 and 2 in
response to the terrorist attack on the Pentagon that
occurred on September 11, 2001.
(e) Duration of Certification Requirement.--The requirement
to make an annual certification under subsection (a) shall
apply until the Secretary certifies to Congress that the
renovation of the Pentagon Reservation is completed.
Sec. 8057. Notwithstanding any other provision of law, that
not more than 35 percent of funds provided in this Act for
environmental remediation may be obligated under indefinite
delivery/indefinite quantity contracts with a total contract
value of $130,000,000 or higher.
Sec. 8058. (a) None of the funds available to the
Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to
any other department or agency of the United States except as
specifically provided in an appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction and counter-
drug activities may be transferred to any other department or
agency of the United States except as specifically provided
in an appropriations law.
(transfer of funds)
Sec. 8059. Appropriations available in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' for
increasing energy and water efficiency in Federal buildings
may, during their period of availability, be transferred to
other appropriations or funds of the Department of Defense
for projects related to increasing energy and water
efficiency, to be merged with and to be available for the
same general purposes, and for the same time period, as the
appropriation or fund to which transferred.
Sec. 8060. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other
than those produced by a domestic source and of domestic
origin: Provided, That the Secretary of the military
department responsible for such procurement may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate, that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes: Provided further, That this restriction
shall not apply to the purchase of ``commercial items'', as
defined by section 4(12) of the Office of Federal Procurement
Policy Act, except that the restriction shall apply to ball
or roller bearings purchased as end items.
Sec. 8061. Notwithstanding any other provision of law,
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to American Samoa, and
funds available to the Department of Defense shall be made
available to provide transportation of medical supplies and
equipment, on a nonreimbursable basis, to the Indian Health
Service when it is in conjunction with a civil-military
project.
Sec. 8062. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to
the congressional defense committees that such an acquisition
must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8063. Notwithstanding any other provision of law, the
Naval shipyards of the United States shall be eligible to
participate in any manufacturing extension program financed
by funds appropriated in this or any other Act.
Sec. 8064. Notwithstanding any other provision of law, each
contract awarded by the Department of Defense during the
current fiscal year for construction or service performed in
whole or in part in a State (as defined in section 381(d) of
title 10, United States Code) which is not contiguous with
another State and has an unemployment rate in excess of the
national average rate of unemployment as determined by the
Secretary of Labor, shall include a provision requiring the
contractor to employ, for the purpose of performing that
portion of the contract in such State that is not contiguous
with another State, individuals who are residents of such
State and who, in the case of any craft or trade, possess or
would be able to acquire promptly the necessary skills:
Provided, That the Secretary of Defense may waive the
requirements of this section, on a case-by-case basis, in the
interest of national security.
Sec. 8065. 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.
Sec. 8066. (a) Limitation on Transfer of Defense Articles
and Services.--Notwithstanding any other provision of law,
none of the funds available to the Department of Defense for
the current fiscal year may be obligated or expended to
transfer to another nation or an international organization
any defense articles or services (other than intelligence
services) for use in the activities described in subsection
(b) unless the congressional defense committees, the
Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of
the Senate are notified 15 days in advance of such transfer.
(b) Covered Activities.--This section applies to--
(1) any international peacekeeping or peace-enforcement
operation under the authority of chapter VI or chapter VII of
the United Nations Charter under the authority of a United
Nations Security Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) Required Notice.--A notice under subsection (a) shall
include the following:
(1) A description of the equipment, supplies, or services
to be transferred.
(2) A statement of the value of the equipment, supplies, or
services to be transferred.
(3) In the case of a proposed transfer of equipment or
supplies--
(A) a statement of whether the inventory requirements of
all elements of the Armed Forces (including the reserve
components) for the type of equipment or supplies to be
transferred have been met; and
(B) a statement of whether the items proposed to be
transferred will have to be replaced and, if so, how the
President proposes to provide funds for such replacement.
Sec. 8067. To the extent authorized by subchapter VI of
chapter 148 of title 10, United States Code, the Secretary of
Defense may issue loan guarantees in support of United States
defense exports not otherwise provided for: Provided, That
the total contingent liability of the United States for
guarantees issued under the authority of this section may not
exceed $15,000,000,000: Provided further, That the exposure
fees charged and collected by the Secretary for each
guarantee shall be paid by the country involved and shall not
be financed as part of a loan guaranteed by the United
States: Provided further, That the Secretary shall provide
quarterly reports to the Committees on Appropriations, Armed
Services, and Foreign Relations of the Senate and the
Committees on Appropriations, Armed Services, and
International Relations in the House of Representatives on
the implementation of this program: Provided further, That
amounts charged for administrative fees and deposited to the
special account provided for under section 2540c(d) of title
10, shall be available for paying the costs of administrative
expenses of the Department of Defense that are attributable
to the loan guarantee program under subchapter VI of chapter
148 of title 10, United States Code.
[[Page S7679]]
Sec. 8068. None of the funds available to the Department of
Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when--
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee; and
(2) such bonus is part of restructuring costs associated
with a business combination.
Sec. 8069. (a) None of the funds appropriated or otherwise
made available in this Act may be used to transport or
provide for the transportation of chemical munitions or
agents to the Johnston Atoll for the purpose of storing or
demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply to
any obsolete World War II chemical munition or agent of the
United States found in the World War II Pacific Theater of
Operations.
(c) The President may suspend the application of subsection
(a) during a period of war in which the United States is a
party.
(including transfer of funds)
Sec. 8070. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the
heading ``Operation and Maintenance, Defense-Wide'' may be
transferred to appropriations available for the pay of
military personnel, to be merged with, and to be available
for the same time period as the appropriations to which
transferred, to be used in support of such personnel in
connection with support and services for eligible
organizations and activities outside the Department of
Defense pursuant to section 2012 of title 10, United States
Code.
Sec. 8071. During the current fiscal year, in the case of
an appropriation account of the Department of Defense for
which the period of availability for obligation has expired
or which has closed under the provisions of section 1552 of
title 31, United States Code, and which has a negative
unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current
appropriation account for the same purpose as the expired or
closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991,
Public Law 101-510, as amended (31 U.S.C. 1551 note):
Provided, That in the case of an expired account, if
subsequent review or investigation discloses that there was
not in fact a negative unliquidated or unexpended balance in
the account, any charge to a current account under the
authority of this section shall be reversed and recorded
against the expired account: Provided further, That the total
amount charged to a current appropriation under this section
may not exceed an amount equal to 1 percent of the total
appropriation for that account.
Sec. 8072. Funds appropriated in title II of this Act and
for the Defense Health Program in title VI of this Act for
supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable order
is accepted by the performing activity: Provided, That for
the purpose of this section, supervision and administration
costs includes all in-house Government cost.
Sec. 8073. During the current fiscal year and hereafter,
the Secretary of Defense may waive reimbursement of the cost
of conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for
Security Studies for military officers and civilian officials
of foreign nations if the Secretary determines that
attendance by such personnel, without reimbursement, is in
the national security interest of the United States:
Provided, That costs for which reimbursement is waived
pursuant to this section shall be paid from appropriations
available for the Asia-Pacific Center.
Sec. 8074. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable
basis. The Chief of the National Guard Bureau shall establish
the amount of reimbursement for such use on a case-by-case
basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Distance
Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
Sec. 8075. Using funds available by this Act or any other
Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United States
Code, may implement cost-effective agreements for required
heating facility modernization in the Kaiserslautern Military
Community in the Federal Republic of Germany: Provided, That
in the City of Kaiserslautern such agreements will include
the use of United States anthracite as the base load energy
for municipal district heat to the United States Defense
installations: Provided further, That at Landstuhl Army
Regional Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal services,
if provisions are included for the consideration of United
States coal as an energy source.
Sec. 8076. None of the funds appropriated in title IV of
this Act may be used to procure end-items for delivery to
military forces for operational training, operational use or
inventory requirements: Provided, That this restriction does
not apply to end-items used in development, prototyping, and
test activities preceding and leading to acceptance for
operational use: Provided further, That this restriction does
not apply to programs funded within the National Foreign
Intelligence Program: Provided further, That the Secretary of
Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of
the House of Representatives and the Senate that it is in the
national security interest to do so.
Sec. 8077. None of the funds made available in this Act may
be used to approve or license the sale of the F-22 advanced
tactical fighter to any foreign government.
Sec. 8078. (a) The Secretary of Defense may, on a case-by-
case basis, waive with respect to a foreign country each
limitation on the procurement of defense items from foreign
sources provided in law if the Secretary determines that the
application of the limitation with respect to that country
would invalidate cooperative programs entered into between
the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of
defense items entered into under section 2531 of title 10,
United States Code, and the country does not discriminate
against the same or similar defense items produced in the
United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under
subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings,
food, and clothing or textile materials as defined by section
11 (chapters 50-65) of the Harmonized Tariff Schedule and
products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211,
8215, and 9404.
Sec. 8079. Funds made available to the Civil Air Patrol in
this Act under the heading ``Drug Interdiction and Counter-
Drug Activities, Defense'' may be used for the Civil Air
Patrol Corporation's counterdrug program, including its
demand reduction program involving youth programs, as well as
operational and training drug reconnaissance missions for
Federal, State, and local government agencies; and for
equipment needed for mission support or performance:
Provided, That the Department of the Air Force should waive
reimbursement from the Federal, State, and local government
agencies for the use of these funds.
Sec. 8080. (a) Prohibition.--None of the funds made
available by this Act may be used to support any training
program involving a unit of the security forces of a foreign
country if the Secretary of Defense has received credible
information from the Department of State that the unit has
committed a gross violation of human rights, unless all
necessary corrective steps have been taken.
(b) Monitoring.--The Secretary of Defense, in consultation
with the Secretary of State, shall ensure that prior to a
decision to conduct any training program referred to in
subsection (a), full consideration is given to all credible
information available to the Department of State relating to
human rights violations by foreign security forces.
(c) Waiver.--The Secretary of Defense, after consultation
with the Secretary of State, may waive the prohibition in
subsection (a) if he determines that such waiver is required
by extraordinary circumstances.
(d) Report.--Not more than 15 days after the exercise of
any waiver under subsection (c), the Secretary of Defense
shall submit a report to the congressional defense committees
describing the extraordinary circumstances, the purpose and
duration of the training program, the United States forces
and the foreign security forces involved in the training
program, and the information relating to human rights
violations that necessitates the waiver.
Sec. 8081. The Secretary of Defense, in coordination with
the Secretary of Health and Human Services, may carry out a
program to distribute surplus dental equipment of the
Department of Defense, at no cost to the Department of
Defense, to Indian Health Service facilities and to
federally-qualified health centers (within the meaning of
section 1905(l)(2)(B) of the Social Security Act (42 U.S.C.
1396d(l)(2)(B))).
Sec. 8082. The total amount appropriated in this Act is
hereby reduced by $338,000,000 to reflect savings from
favorable foreign currency fluctuations, to be derived as
follows:
``Military Personnel, Army'', $80,000,000;
``Military Personnel, Navy'', $6,500,000;
``Military Personnel, Marine Corps'', $11,000,000;
``Military Personnel, Air Force'', $29,000,000;
``Operation and Maintenance, Army'', $102,000,000;
``Operation and Maintenance, Navy'', $21,500,000;
``Operation and Maintenance, Marine Corps'', $2,000,000;
``Operation and Maintenance, Air Force'', $46,000,000; and
``Operation and Maintenance, Defense-Wide'', $40,000,000.
Sec. 8083. None of the funds appropriated or made available
in this Act to the Department of the Navy shall be used to
develop, lease or procure the T-AKE class of ships unless the
main
[[Page S7680]]
propulsion diesel engines and propulsors are manufactured in
the United States by a domestically operated entity:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of
Representatives and the Senate that adequate domestic
supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition
must be made in order to acquire capability for national
security purposes or there exists a significant cost or
quality difference.
Sec. 8084. None of the funds appropriated or otherwise made
available by this or other Department of Defense
Appropriations Acts may be obligated or expended for the
purpose of performing repairs or maintenance to military
family housing units of the Department of Defense, including
areas in such military family housing units that may be used
for the purpose of conducting official Department of Defense
business.
Sec. 8085. Notwithstanding any other provision of law,
funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any
advanced concept technology demonstration project may only be
obligated 30 days after a report, including a description of
the project and its estimated annual and total cost, has been
provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying to the
congressional defense committees that it is in the national
interest to do so.
Sec. 8086. Notwithstanding any other provision of law, for
the purpose of establishing all Department of Defense
policies governing the provision of care provided by and
financed under the military health care system's case
management program under 10 U.S.C. 1079(a)(17), the term
``custodial care'' shall be defined as care designed
essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision of
trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management
program shall provide that members and retired members of the
military services, and their dependents and survivors, have
access to all medically necessary health care through the
health care delivery system of the military services
regardless of the health care status of the person seeking
the health care: Provided further, That the case management
program shall be the primary obligor for payment of medically
necessary services and shall not be considered as secondarily
liable to title XIX of the Social Security Act, other welfare
programs or charity based care.
Sec. 8087. During the current fiscal year, refunds
attributable to the use of the Government travel card,
refunds attributable to the use of the Government Purchase
Card and refunds attributable to official Government travel
arranged by Government Contracted Travel Management Centers
may be credited to operation and maintenance accounts of the
Department of Defense which are current when the refunds are
received.
Sec. 8088. (a) Registering Financial Management Information
Technology Systems With DOD Chief Information Officer.--None
of the funds appropriated in this Act may be used for a
mission critical or mission essential financial management
information technology system (including a system funded by
the defense working capital fund) that is not registered with
the Chief Information Officer of the Department of Defense. A
system shall be considered to be registered with that officer
upon the furnishing to that officer of notice of the system,
together with such information concerning the system as the
Secretary of Defense may prescribe. A financial management
information technology system shall be considered a mission
critical or mission essential information technology system
as defined by the Under Secretary of Defense (Comptroller).
(b) Certifications as to Compliance With Financial
Management Modernization Plan.--
(1) During the current fiscal year, a financial management
major automated information system may not receive Milestone
A approval, Milestone B approval, or full rate production, or
their equivalent, within the Department of Defense until the
Under Secretary of Defense (Comptroller) certifies, with
respect to that milestone, that the system is being developed
and managed in accordance with the Department's Financial
Management Modernization Plan. The Under Secretary of Defense
(Comptroller) may require additional certifications, as
appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c) Certifications as to Compliance With Clinger-Cohen
Act.--(1) During the current fiscal year, a major automated
information system may not receive Milestone A approval,
Milestone B approval, or full rate production approval, or
their equivalent, within the Department of Defense until the
Chief Information Officer certifies, with respect to that
milestone, that the system is being developed in accordance
with the Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.).
The Chief Information Officer may require additional
certifications, as appropriate, with respect to any such
system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and
milestone schedule for each system covered by such a
certification and confirmation that the following steps have
been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a calculation of the
return on investment.
(D) Performance measures.
(E) An information assurance strategy consistent with the
Department's Global Information Grid.
(d) Definitions.--For purposes of this section:
(1) The term ``Chief Information Officer'' means the senior
official of the Department of Defense designated by the
Secretary of Defense pursuant to section 3506 of title 44,
United States Code.
(2) The term ``information technology system'' has the
meaning given the term ``information technology'' in section
5002 of the Clinger-Cohen Act of 1996 (40 U.S.C. 1401).
(3) The term ``major automated information system'' has the
meaning given that term in Department of Defense Directive
5000.1.
Sec. 8089. During the current fiscal year, none of the
funds available to the Department of Defense may be used to
provide support to another department or agency of the United
States if such department or agency is more than 90 days in
arrears in making payment to the Department of Defense for
goods or services previously provided to such department or
agency on a reimbursable basis: Provided, That this
restriction shall not apply if the department is authorized
by law to provide support to such department or agency on a
nonreimbursable basis, and is providing the requested support
pursuant to such authority: Provided further, That the
Secretary of Defense may waive this restriction on a case-by-
case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate
that it is in the national security interest to do so.
Sec. 8090. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition
held by the Department of Defense that has a center-fire
cartridge and a United States military nomenclature
designation of ``armor penetrator'', ``armor piercing (AP)'',
``armor piercing incendiary (API)'', or ``armor-piercing
incendiary-tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under
a contract that requires the entity to demonstrate to the
satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by
the demilitarization process; or (2) used to manufacture
ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant
to a License for Permanent Export of Unclassified Military
Articles issued by the Department of State.
Sec. 8091. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may
waive payment of all or part of the consideration that
otherwise would be required under 10 U.S.C. 2667, in the case
of a lease of personal property for a period not in excess of
1 year to any organization specified in 32 U.S.C. 508(d), or
any other youth, social, or fraternal non-profit organization
as may be approved by the Chief of the National Guard Bureau,
or his designee, on a case-by-case basis.
Sec. 8092. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such
alcoholic beverages sold by the drink) on a military
installation located in the United States unless such malt
beverages and wine are procured within that State, or in the
case of the District of Columbia, within the District of
Columbia, in which the military installation is located:
Provided, That in a case in which the military installation
is located in more than one State, purchases may be made in
any State in which the installation is located: Provided
further, That such local procurement requirements for malt
beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not
contiguous with another State: Provided further, That
alcoholic beverages other than wine and malt beverages, in
contiguous States and the District of Columbia shall be
procured from the most competitive source, price and other
factors considered.
Sec. 8093. During the current fiscal year and hereafter,
under regulations prescribed by the Secretary of Defense, the
Center of Excellence for Disaster Management and Humanitarian
Assistance may also pay, or authorize payment for, the
expenses of providing or facilitating education and training
for appropriate military and civilian personnel of foreign
countries in disaster management, peace operations, and
humanitarian assistance.
Sec. 8094. (a) The Department of Defense is authorized to
enter into agreements with the Department of Veterans Affairs
and federally-funded health agencies providing services to
Native Hawaiians for the purpose of establishing a
partnership similar to the Alaska Federal Health Care
Partnership, in order to maximize Federal resources in the
provision of health care services by federally-funded health
agencies, applying telemedicine technologies. For the purpose
of this partnership, Native Hawaiians shall have the same
status as other Native Americans who are eligible for the
health care services provided by the Indian Health Service.
(b) The Department of Defense is authorized to develop a
consultation policy, consistent with Executive Order No.
13084 (issued May 14, 1998), with Native Hawaiians for the
purpose of assuring maximum Native Hawaiian participation in
the direction and administration of governmental services so
as to render those services more responsive to the needs of
the Native Hawaiian community.
(c) For purposes of this section, the term ``Native
Hawaiian'' means any individual who is a
[[Page S7681]]
descendant of the aboriginal people who, prior to 1778,
occupied and exercised sovereignty in the area that now
comprises the State of Hawaii.
Sec. 8095. Of the amounts appropriated in this Act under
the heading ``Research, Development, Test and Evaluation,
Defense-Wide'', $146,000,000 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), $10,000,000
shall be available for continuing the Enhanced Arrow
Deployability Program, and $70,000,000 shall be available for
the purpose of producing Arrow missile components in the
United States and Arrow missile components and missiles in
Israel to meet Israel's defense requirements, consistent with
each nation's laws, regulations and procedures: Provided
further, That funds made available under this provision for
production of missiles and missile components may be
transferred to appropriations available for the procurement
of weapons and equipment, to be merged with and to be
available for the same time period and the same purposes as
the appropriation to which transferred: Provided further,
That the transfer authority provided under this provision is
in addition to any other transfer authority contained in this
Act.
Sec. 8096. Funds available to the Department of Defense for
the Global Positioning System during the current fiscal year
may be used to fund civil requirements associated with the
satellite and ground control segments of such system's
modernization program.
(including transfer of funds)
Sec. 8097. Of the amounts appropriated in this Act under
the heading, ``Operation and Maintenance, Defense-Wide'',
$68,000,000 shall remain available until expended: Provided,
That notwithstanding any other provision of law, the
Secretary of Defense is authorized to transfer such funds to
other activities of the Federal Government.
Sec. 8098. Section 8106 of the Department of Defense
Appropriations Act, 1997 (titles I through VIII of the matter
under subsection 101(b) of Public Law 104-208; 110 Stat.
3009-111; 10 U.S.C. 113 note) shall continue in effect to
apply to disbursements that are made by the Department of
Defense in fiscal year 2003.
Sec. 8099. 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.
Sec. 8100. Notwithstanding any other provision of this Act,
the total amount appropriated in this Act is hereby reduced
by $850,000,000, to reflect savings to be achieved from
business process reforms, management efficiencies, and
procurement of administrative and management support:
Provided, That none of the funds provided in this Act may be
used for consulting and advisory services for legislative
affairs and legislative liaison functions.
(including transfer of funds)
Sec. 8101. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$1,481,955,000 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, $292,000,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2000/03'':
DDG-51 Destroyer Program, $72,924,000;
LPD-17 Amphibious Transport Dock Ship Program,
$187,000,000;
Under the heading, ``Shipbuilding and Conversion, Navy,
2001/03'':
DDG-51 Destroyer Program, $81,700,000;
New SSN, $6,932,000; 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.
(transfer of funds)
Sec. 8103. 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. 8104. Notwithstanding section 229(a) of the Social
Security Act, no wages shall be deemed to have been paid to
any individual pursuant to that section in any calendar year
after 2001.
Sec. 8105. 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. 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. Of the total amount appropriated by this Act
under the heading ``Operation and Maintenance, Defense-
Wide'', $5,000,000 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. 8108. In addition to funds made available elsewhere in
this Act $5,000,000 is hereby appropriated and shall remain
available until expended to provide assistance, by grant or
otherwise (such as, but not limited to, the provision of
funds for repairs, maintenance, 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.
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.
Sec. 8110. In addition to the amounts appropriated or
otherwise made available in this Act, $4,000,000, to remain
available until September 30, 2003, is hereby appropriated to
the Department of Defense: Provided, That the Secretary of
Defense shall make a grant in the amount of $4,000,000 to the
American Red Cross for Armed Forces Emergency Services.
Sec. 8111. None of the funds appropriated in this Act under
the heading ``Overseas Contingency Operations Transfer Fund''
may be transferred or obligated for Department of Defense
expenses not directly related to the conduct of overseas
contingencies: Provided, That the Secretary of Defense shall
submit a report no later than 30 days after the end of each
fiscal quarter to the Committees on Appropriations of the
Senate and House of Representatives that details any transfer
of funds from the ``Overseas Contingency Operations Transfer
Fund'': Provided further, That the report shall explain any
transfer for the maintenance of real property, pay of
civilian personnel, base operations support, and weapon,
vehicle or equipment maintenance.
Sec. 8112. 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
[[Page S7682]]
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. 8113. 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. 8114. 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. 8115. 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.
Sec. 8116. (a) In addition to the amounts appropriated or
otherwise made available in this Act, $814,300,000 is hereby
appropriated to the Department of Defense for whichever of
the following purposes the President determines to be in the
national security interests of the United States:
(1) research, development, test and evaluation for
ballistic missile defense; and,
(2) activities for combating terrorism.
(b) The total amount appropriated or otherwise made
available by this Act is hereby reduced by $814,300,000 to
reflect revised economic assumptions: Provided, That the
Secretary of Defense shall allocate this reduction
proportionately by program, project, and activity: Provided
further, That appropriations made available in this Act for
the pay and benefits of military personnel are exempt from
reductions under this provision.
Sec. 8117. Section 8159 of the Department of Defense
Appropriations Act, 2002 (division A of Public Law 107-117;
115 Stat. 2284), is revised by adding the following paragraph
(g):
``(g) Notwithstanding any other provision of law, 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 is signed.''.
transfer of funds)
Sec. 8118. In addition to the amounts appropriated or
otherwise made available by this Act, $300,000,000 is hereby
appropriated to the Department of Defense and shall be
available only for transfer to the United States Coast Guard.
Sec. 8119. During the current fiscal year, section 2533a(f)
of Title 10, United States Code, shall not apply to any fish,
shellfish, or seafood product. This section is applicable to
contracts and subcontracts for the procurement of commercial
items notwithstanding section 34 of the Office of Federal
Procurement Policy Act (41 U.S.C. 430).
Sec. 8120. 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 60 days after 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. 8121. 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. 8122. (a) Management of Chemical Demilitarization
Activities at Bluegrass Army Depot, Kentucky.--If a
technology other than the baseline incineration program is
selected for the destruction of lethal chemical munitions
pursuant to section 142 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 1521 note), the program manager for the
Assembled Chemical Weapons Assessment shall be responsible
for management of the construction, operation, and closure,
and any contracting relating thereto, of chemical
demilitarization activities at Bluegrass Army Depot,
Kentucky, including management of the pilot-scale facility
phase of the alternative technology.
(b) Management of Chemical Demilitarization Activities at
Pueblo Depot, Colorado.--The program manager for the
Assembled Chemical Weapons Assessment shall be responsible
for management of the construction, operation, and closure,
and any contracting relating thereto, of chemical
demilitarization activities at Pueblo Army Depot, Colorado,
including management of the pilot-scale facility phase of the
alternative technology selected for the destruction of lethal
chemical munitions.
Sec. 8123. 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.
TITLE IX--COMMERCIAL REUSABLE IN-SPACE TRANSPORTATION
SEC. 901. SHORT TITLE.
This title may be cited as the ``Commercial Reusable In-
Space Transportation Act of 2002''.
SEC. 902. FINDINGS.
Congress makes the following findings:
(1) It is in the national interest to encourage the
production of cost-effective, in-space transportation
systems, which would be built and operated by the private
sector on a commercial basis.
(2) The use of reusable in-space transportation systems
will enhance performance levels of in-space operations,
enhance efficient and safe disposal of satellites at the end
of their useful lives, and increase the capability and
reliability of existing ground-to-space launch vehicles.
(3) Commercial reusable in-space transportation systems
will enhance the economic well-being and national security of
the United States by reducing space operations costs for
commercial and national space programs and by adding new
space capabilities to space operations.
(4) Commercial reusable in-space transportation systems
will provide new cost-effective space capabilities (including
orbital transfers from low altitude orbits to high altitude
orbits and return, the correction of erroneous satellite
orbits, and the recovery, refurbishment, and refueling of
satellites) and the provision of upper stage functions to
increase ground-to-orbit launch vehicle payloads to
geostationary and other high energy orbits.
(5) Commercial reusable in-space transportation systems can
enhance and enable the space exploration of the United States
by providing lower cost trajectory injection from earth
orbit, transit trajectory control, and planet arrival
deceleration to support potential National Aeronautics and
Space Administration missions to Mars, Pluto, and other
planets.
(6) Satellites stranded in erroneous earth orbit due to
deficiencies in their launch represent substantial economic
loss to the United States and present substantial concerns
for the current backlog of national space assets.
(7) Commercial reusable in-space transportation systems can
provide new options for alternative planning approaches and
risk management to enhance the mission assurance of national
space assets.
(8) Commercial reusable in-space transportation systems
developed by the private sector can provide in-space
transportation services to the National Aeronautics and Space
Administration, the Department of Defense, the National
Reconnaissance Office, and other agencies without the need
for the United States to bear the cost of production of such
systems.
(9) The availability of loan guarantees, with the cost of
credit risk to the United States paid by the private-sector,
is an effective means by which the United States can help
qualifying private-sector companies secure otherwise
unattainable private financing for the production of
commercial reusable in-space transportation systems, while at
the same time minimizing Government commitment and
involvement in the development of such systems.
SEC. 903. LOAN GUARANTEES FOR PRODUCTION OF COMMERCIAL
REUSABLE IN-SPACE TRANSPORTATION.
(a) Authority To Make Loan Guarantees.--The Secretary may
guarantee loans made to eligible United States commercial
providers for purposes of producing commercial reusable in-
space transportation services or systems.
(b) Eligible United States Commercial Providers.--The
Secretary shall prescribe requirements for the eligibility of
United States commercial providers for loan guarantees under
this section. Such requirements shall ensure that eligible
providers are financially capable of undertaking a loan
guaranteed under this section.
(c) Limitation on Loans Guaranteed.--The Secretary may not
guarantee a loan for a United States commercial provider
under this section unless the Secretary determines that
credit would not otherwise be reasonably available at the
time of the guarantee for the commercial reusable in-space
transportation service or system to be produced utilizing the
proceeds of the loan.
(d) Credit Subsidy.--
(1) Collection required.--The Secretary shall collect from
each United States commercial provider receiving a loan
guarantee under this section an amount equal to the amount,
as determined by the Secretary, to cover the cost, as defined
in section 502(5) of the Federal Credit Reform Act of 1990,
of the loan guarantee.
(2) Periodic disbursements.--In the case of a loan
guarantee in which proceeds of the loan
[[Page S7683]]
are disbursed over time, the Secretary shall collect the
amount required under this subsection on a pro rata basis, as
determined by the Secretary, at the time of each
disbursement.
(e) Other Terms and Conditions.--
(1) Prohibition on subordination.--A loan guaranteed under
this section may not be subordinated to another debt
contracted by the United States commercial provider
concerned, or to any other claims against such provider.
(2) Restriction on income.--A loan guaranteed under this
section may not--
(A) provide income which is excluded from gross income for
purposes of chapter 1 of the Internal Revenue Code of 1986;
or
(B) provide significant collateral or security, as
determined by the Secretary, for other obligations the income
from which is so excluded.
(3) Treatment of guarantee.--The guarantee of a loan under
this section shall be conclusive evidence of the following:
(A) That the guarantee has been properly obtained.
(B) That the loan qualifies for the guarantee.
(C) That, but for fraud or material misrepresentation by
the holder of the loan, the guarantee is valid, legal, and
enforceable.
(4) Other terms and conditions.--The Secretary may
establish any other terms and conditions for a guarantee of a
loan under this section, as the Secretary considers
appropriate to protect the financial interests of the United
States.
(f) Enforcement of Rights.--
(1) In general.--The Attorney General may take any action
the Attorney General considers appropriate to enforce any
right accruing to the United States under a loan guarantee
under this section.
(2) Forbearance.--The Attorney General may, with the
approval of the parties concerned, forebear from enforcing
any right of the United States under a loan guaranteed under
this section for the benefit of a United States commercial
provider if such forbearance will not result in any cost, as
defined in section 502(5) of the Federal Credit Reform Act of
1990, to the United States.
(3) Utilization of property.--Notwithstanding any other
provision of law and subject to the terms of a loan
guaranteed under this section, upon the default of a United
States commercial provider under the loan, the Secretary may,
at the election of the Secretary--
(A) assume control of the physical asset financed by the
loan; and
(B) complete, recondition, reconstruct, renovate, repair,
maintain, operate, or sell the physical asset.
(g) Credit Instruments.--
(1) Authority to issue instruments.--Notwithstanding any
other provision of law, the Secretary may, subject to such
terms and conditions as the Secretary considers appropriate,
issue credit instruments to United States commercial
providers of in-space transportation services or system, with
the aggregate cost (as determined under the provisions of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.)) of
such instruments not to exceed $1,500,000,000, but only to
the extent that new budget authority to cover such costs is
provided in subsequent appropriations Acts or authority is
otherwise provided in subsequent appropriations Acts.
(2) Credit subsidy.--The Secretary shall provide a credit
subsidy for any credit instrument issued under this
subsection in accordance with the provisions of the Federal
Credit Reform Act of 1990.
(3) Construction.--The eligibility of a United States
commercial provider of in-space transportation services or
systems for a credit instrument under this subsection is in
addition to any eligibility of such provider for a loan
guarantee under other provisions of this section.
SEC. 904. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(2) Commercial provider.--The term ``commercial provider''
means any person or entity providing commercial reusable in-
orbit space transportation services or systems, primary
control of which is held by persons other than the Federal
Government, a State or local government, or a foreign
government.
(3) In-space transportation services.--The term ``in-space
transportation services'' means operations and activities
involved in the direct transportation or attempted
transportation of a payload or object from one orbit to
another by means of an in-space transportation vehicle.
(4) In-space transportation system.--The term ``in-space
transportation system'' means the space and ground elements,
including in-space transportation vehicles and support space
systems, and ground administration and control facilities and
associated equipment, necessary for the provision of in-space
transportation services.
(5) In-space transportation vehicle.--The term ``in-space
transportation vehicle'' means a vehicle designed--
(A) to be based and operated in space;
(B) to transport various payloads or objects from one orbit
to another orbit; and
(C) to be reusable and refueled in space.
(6) United states commercial provider.--The term ``United
States commercial provider'' means any commercial provider
organized under the laws of the United States that is more
than 50 percent owned by United States nationals.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2003''.
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Madam President, we are now on the Defense appropriations
bill. Senator Inouye worked hard to get to this point, as did Senator
Stevens--not only the ranking member of the subcommittee but the
chairman of the full committee.
We would like to move this bill and finish it today. This is a very
big bill. It is the largest Defense bill in the history of the country.
But it has been worked and worked and worked. I think we are at a point
where we should be able to do that.
Senator McCain has indicated he has some amendments. And we are
waiting for those, as is Senator Inouye. If there are other amendments,
they should be offered.
We are going to try to wrap this bill up today. There are different
ways of doing that. I hope there is cooperation.
Senators Inouye and Stevens have agreed to a period of morning
business for 12 minutes, and then the bill will be taken up and we will
proceed in haste to complete it.
Mr. REID. Madam President, I therefore ask unanimous consent that
Senator Kerry and Senator Collins each be recognized to speak for up to
6 minutes as if in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Massachusetts.
Mr. KERRY. Madam President, I thank the distinguished majority
leader.
(The remarks of Mr. Kerry are printed in today's Record under
``Morning Business.'')
The PRESIDING OFFICER (Mr. Cleland). The Senator from Maine.
(The remarks of Ms. Collins are printed in today's Record during
consideration of S. 812.)
Ms. COLLINS. I yield the floor.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. INOUYE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. REID. Will the Senator yield?
The PRESIDING OFFICER. The Senator from Nevada.
Mr. REID. Mr. President, I was looking for an opportunity when the
Senator was on the floor to say some things I think are appropriate. I
have said this before, but there is no one in the Senate I have more
respect and admiration for than the senior Senator from Hawaii.
The reason I wanted to say something today is I have had the
opportunity the last many years to serve as ranking member and chairman
of the Ethics Committee, which is a difficult job but one that I accept
and understand the responsibilities. The situation arose where the
Senator from Hawaii was asked by the majority leader to take over the
chairmanship of that committee. As has been done on so many different
occasions when there was something difficult that had to be done in the
Senate, we looked to the Senator from Hawaii to do that. He has never
shirked responsibility.
Frankly, there were others who maybe could have or should have done
this, but of course we looked to who we thought was the best, someone
whose ethical standards are what I think the Senate is all about. I
want, on behalf of the Senate, Democrats and Republicans, to express
appreciation for stepping into a difficult situation, handling it with
grace and handling it in a manner that I think is about as well as
anyone could handle things.
Let me complete this by saying we are now taking up the Defense
appropriations bill, the largest Defense bill in the history of the
country. There is no one who is more capable of handling a bill of this
magnitude, dealing with the security and the defense of this country,
than a person who is a Congressional Medal of Honor winner for the
valor he showed in World War II. The valor he has shown is exemplified
by the military awards he has received. He has shown the same valor in
the Halls of the U.S. Senate. The people of Hawaii are so, so fortunate
to have someone of his caliber, but I say that the people of Nevada are
fortunate to have someone such as him serving in the Senate, and that
applies to all the other States.
Mr. INOUYE. I am humbled by those very generous remarks. I thank the
Senator very much.
[[Page S7684]]
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. DASCHLE. Mr. President, I was in my office and I heard that the
distinguished assistant Democratic leader was speaking about the
contribution of our distinguished senior Senator from Hawaii. I wanted
to come to the floor to add my voice.
Someday, when the history of this period in the Senate is written,
one of those Senators who will tower as one of the giants is the
Senator from Hawaii. On so many occasions over the course of his
career, the Senate has called upon him to provide leadership in
inquiries of all kinds, extraordinary challenges involving the need to
work with both sides, somebody whose fairness, whose appreciation of
this institution could never be challenged.
I come to the floor to publicly thank him for taking on the
extraordinarily difficult role that he had earlier this year when he
agreed to my request to serve in the capacity of senior member of the
Democratic representation on the Ethics Committee. He didn't want that
job. He certainly didn't ask for that job. He knew the difficulty it
would pose, and he knew how much time it would consume. But in keeping
with his practice, he said yes.
Last night we witnessed the product of his work, along with the
others of the committee. I think it is fair to say, without question,
he lived up to and exceeded the expectations of all of us in the Senate
in conducting the hearings with fairness and dealing with the issue
adroitly, and recognizing the important matters and issues that had to
be addressed in this inquiry.
I come to the floor simply to add my voice of gratitude to the
distinguished Senator from Hawaii. I might also say, as the Senator
from Nevada has noted, it is a little ironic, perhaps, that the two men
who have given the most in the Senate today to their country at times
of war are either sitting in the chair or standing at the manager's
desk as we begin the DOD appropriations bill. I know of no two finer
men.
I have no greater admiration for any two people in the Senate than I
do these two Senators. I thank them for what they have already done for
their country and for what they continue to do in the roles they play
as truly outstanding U.S. Senators.
I look forward to the debate on Defense appropriations and, as
always, we turn to our dear Senator from Hawaii with our admiration and
our gratitude and our expressions of hope that we conclude this
successfully within the course of the next period of time.
I thank the Senator for accommodating me. I know he wants to get
started on his bill, but I needed to come to the floor to express
myself, as the Senator from Nevada has as well.
I yield the floor.
The PRESIDING OFFICER. The Senator from Hawaii is recognized.
Mr. INOUYE. Very seldom am I at a loss for words, but I must say I am
extremely grateful to my leaders for their generous remarks. I am
humbled.
The PRESIDING OFFICER. The Senator from West Virginia is recognized.
Mr. BYRD. Mr. President, let me ask, briefly, and express my
viewpoint concerning Danny Inouye and Max Cleland. Others have just
preceded me in speaking of these two valiant patriots. Danny Inouye has
always been my hero in the Senate. There was never anyone, in my
judgment, greater than Danny. In our time, or in past times, I think
that says about all I need to say about Danny. He is the ranking
Democrat on the Appropriations Committee in the Senate. He has always
been a valued supporter of mine when I was majority leader, when I was
minority leader, and as chairman of the Senate Appropriations
Committee, which I presently am. So he doesn't take second place to
anybody in the Senate, as far as I am concerned. As heroes go, he is
No. 1.
In recent years, there has come to the Senate the junior Senator from
Georgia, Max Cleland, who is also my hero. So I have two heroes in the
Senate. Danny is one who has been my hero from the beginning, and Max
Cleland is my second hero. So I just add that little bit to what has
already been appropriately said by Senators Reid of Nevada and the
majority leader. I don't think I can add anything to that.
Mr. INOUYE. Will the Senator yield?
Mr. BYRD. Yes.
Mr. INOUYE. On behalf of the Presiding Officer and myself, we are
humbled by the Senator's generous remarks.
Mr. BYRD. I thank the distinguished Senator from Hawaii.
I yield the floor. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. WELLSTONE. Mr. President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER (Mr. Reed). Without objection, it is so
ordered.
Mr. WELLSTONE. Mr. President, I know we are going to have opening
statements by Senator Inouye and others. I ask unanimous consent, when
we get to amendments, I be allowed to do the first amendment on the DOD
appropriations bill.
The PRESIDING OFFICER. Is there objection?
Mr. BYRD. What is the request?
The PRESIDING OFFICER. The request is that the Senator be allowed to
offer a first-degree amendment at the conclusion of opening statements
on the Defense Appropriations Committee bill.
Mr. BYRD. Mr. President, I personally have no objection, but I would
like for both managers to be here. I would like for both managers to be
here when the request is made.
Mr. WELLSTONE. Yes.
The PRESIDING OFFICER. Is there objection?
Mr. BYRD. Objection to what?
The PRESIDING OFFICER. Objection to the unanimous consent request of
the Senator from Minnesota to offer first an amendment upon the
completion of the opening statements.
Mr. BYRD. Mr. President, I don't know what the Senator's amendment
is. I object, for the moment, just for the moment, until both managers
are on the floor.
The PRESIDING OFFICER. Objection is heard.
The Senator from Minnesota.
Mr. WELLSTONE. Mr. President, let me take a little bit of time then.
I am sorry, I won't proceed if the Senator from Hawaii is ready to make
his opening statement. I do not want to take much time. Let me just
give my colleagues a sense of what the amendment is. I will try to do
that because we come down to the floor and we try to get in order so we
can also do some other things.
What the amendment says is that none of the funds made available in
this act may be obligated for payment on any new contract to a
subsidiary of a publicly traded corporation if the corporation
incorporated after December 31, 2001, in a tax haven country.
Basically what I am talking about is the whole question of contracts
that go out to companies that have incorporated overseas to avoid U.S.
taxes. By the way, knowing this is not in the House bill, I tried to
have a very moderate version which is really to not even reach back
retroactively but to look at this prospectively.
That is the amendment. My guess is there will be a lot of support for
the amendment. Without the unanimous consent agreement, I will wait
until after opening statements and then try to seek recognition. I
suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The bill clerk proceeded to call the roll.
Mr. WELLSTONE. Mr. President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. WELLSTONE. Mr. President, I will at least, even though I do not
have assurance of being able to do the first amendment--I will just
send the amendment to the desk. Usually what Senators want is for those
of us who have amendments to come out here. I am just trying to get
going here.
The PRESIDING OFFICER. The number of the amendment is No. 4364, which
the clerk has.
Mr. WELLSTONE. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. STEVENS. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
[[Page S7685]]
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INOUYE. Mr. President, Today I am pleased to report H.R. 5010 to
the Senate with the Appropriations Committee's recommendations for
funding the Department of Defense for Fiscal Year 2003.
The Bill before the Senate totals $355.4 billion in new
appropriations for the Defense Department.
This is the largest spending Bill the Senate has ever considered. It
is $35 billion more than was approved for FY 2002 and nearly $700
million more than recommended by the House last month. In light of the
threat to this Nation, I believe the increase is well warranted.
I want to point out to my colleagues that while the Bill is the
highest in history, the total recommended is still $11.4 billion below
the President's request.
A request for $10 billion was originally presented by the President
for contingency costs for the global war on terrorism.
This amount is being withheld by the Appropriations Committee to be
allocated at a later date.
On July 3, the President submitted a sketch of how he would like
these funds appropriated. Unfortunately, no details on the use of the
funds were provided. Therefore, the Committee has not allocated the
funding to the Subcommittee yet.
I should point out that the measure that passed the House also did
not address the $10 billion contingency amount.
Over the next several months we will work with the Administration to
identify the specific needs for this funding.
We expect that a supplemental Bill will be forthcoming to allocate
the full $10 billion to DoD.
The remaining $1.4 billion decrease reflects transfers made to other
defense related activities to cover pressing requirements for military
construction and nuclear weapons related programs in the Department of
Energy. These are not under the jurisdiction of the Defense
Subcommittee.
The priorities for this Bill remain the same as last year. First and
foremost, we must ensure that we provide what the men and women in
uniform need. To that end, we have fully funded the request for a 4.1%
across-the-board pay raise; funded the newly authorized benefits for
our military; provided funding to cover the authorized end strength for
our Active, Guard, and Reserves; funded the Tricare for Life program
for our military retirees; and, fully funded the Defense Health
Program.
Second, we have included funding for all the Defense Department's
transformation programs.
We recommend full funding for the Army's Interim Armored Vehicle. We
have increased funding for unmanned aerial vehicles. We recommend an
increase of $278 million in the Army's future combat system.
And we provide an additional $70 million to support the planning and
deployment of the New Interim Army Brigade Combat Teams and strongly
encourage the Defense Department to deploy all six Brigades.
Third, we recommend funding all the investment priorities of the
Defense Department. This includes full funding for the F-22, full
funding for the Navy's DDX, increased funding for four more F/A-18
aircraft, full funding for 15 C-17 aircraft, full funding for V-22
aircraft purchases, and increasing funding for Navy shipbuilding.
Fourth, a major initiative in funding for the bill is to improve
fiscal discipline in the Department of Defense. This Committee and our
colleagues in the House have been concerned for several years with the
increased cost growth in Navy ships. This year alone the total unfunded
liability for the Navy in this area has increased by $1 billion to $4
billion.
The Committee has carefully reviewed the request and reallocated
resources that are not required at this time, in order to increase
funding to pay off these existing bills. In total, the Committee
recommends $1.4 billion to cover these must pay bills. We have
discussed this matter with Navy officials and they concur that this is
the best approach to get their financial house in order.
Fifth, the bill recommends adding $585 million to purchase 15 C-17
aircraft. The Air Force recommended a risky scheme, already rejected by
the House, to finance the C-17 Program incrementally. This proposal
could have required us to cut C-17 production to 12. The recommendation
will ensure that we continue to produce 15 C-17's under the approved
multi-year contract.
Sixth, the Committee has mirrored the recommendations approved by the
Senate regarding ballistic missile defense. The bill provides $6.9
billion for ballistic missile defense programs. In addition, as
authorized, the Committee recommends $814 million to be allocated at
the discretion of the President for either counterterrorism or missile
defense.
In total, the $7.7 billion recommendation is the same as requested by
the Administration.
Finally, I want to thank my Co-Chairman, Senator Stevens and all of
his hard work on this bill. The Committee held 12 hearings to review
the Defense Department's budget.
The recommendations that we have put forward here reflect what we
learned in those hearings, and in our meetings with senior DoD
officials and members of the public.
I believe this is a very good bill and urge your support.
Mr. STEVENS. Mr. President, I endorse the statement made by the
Distinguished Chairman of our Subcommittee, Senator Inouye, and fully
support the Bill now pending before the Senate. In a time of war and
conflict, including unprecedented threats here at home, the Senate
engages in no more important task than funding our national defense.
The Bill reported by the Committee, under Senator Inouye's leadership
and guidance, fully meets the needs of our men and women who serve in
the Armed Forces, today and for the future.
The Bill exceeds the level provided in the House version of the Bill
by nearly $700 million.
The Bill is consistent with the President's total request for the
defense budget function 050, with the exception of the $10 billion
reserve, which I will speak to shortly.
The Chairman has accurately and comprehensively addressed the
contents of the Bill, I will take just a few moments to highlight
several priorities. While providing unprecedented levels of funding for
current training and operations, this Bill serves to decisively move
our military towards a future of more mobile, more lethal, and more
efficient systems and capabilities. In all four services, and in the
Missile Defense Program, this Bill shifts from the sustainment of
legacy systems, designed to fight the Cold War, to the technologies of
the 21st Century.
For the Army, the increase in this Bill for the future combat system,
and the Non-Line-of-Sight Cannon to succeed the Crusader, keeps faith
with General Shinseki's vision of the Army's future.
For the Navy, full funding for the DD-X Program, and start up funds
for the Littoral Combat Ship, prepare the Navy to maintain our
dominance at sea.
For the Air Force, funding for the F-22, the JSF, C-17, and JASSAM
all contribute to a refurbishment of the Air Force unmatched since the
introduction of the jet fighter in the 1950's.
For the Marine Corps, the Bill fully supports the V-22, and puts the
LPD-17 Class Amphibious Assault Ship Program back on track, along with
JSF.
Of special importance to me, and my State, is the funding provided in
the Bill for missile defense. Intelligence analyses over the past
decade consistently demonstrate the increased threat, and our continued
vulnerability to long-rang missile attack, potentially with weapons of
mass destruction. President Bush, in a new relationship with Russia,
has established a framework whereby our Nation will go forward with a
limited missile defense capability, without putting at risk our
relations with Russia.
Many claimed that deployment of U.S. national missile defense systems
would precipitate a new arms race. That speculation has proven to be
without basis or merit.
Last week, several Members met with our Supreme Allied Commander in
Europe, Gen. Joe Ralston, who spoke positively about the new ties
between NATO and Russia.
Greater security for our Nation fosters greater security and
stability for our allies and emerging partners.
[[Page S7686]]
This Bill accommodates the priorities presented by the President and
the Secretary of Defense to the Congress.
The Bill lives within the fiscal limits set by our Committee in the
absence of a budget resolution.
The Bill addresses the key priorities raised in the Senate's
consideration of the Defense Authorization Bill for Fiscal Year 2003.
I urge all Members to work with the Chairman today to accomplish the
expeditious consideration and passage of this Bill.
Consistent with the allocation adopted by the Appropriations
Committee, by unanimous vote, I will oppose any amendment that would
increase the spending level in this Bill.
We have been working with Members since the Bill was filed to address
additional concerns, and will proceed to a number of cleared amendments
shortly.
I will close by expressing by appreciation to the Chairman for his
partnership, colleagiltiy and courtesy at every state in the
preparation of this Bill.
I support the Bill with reservation or qualification, and urge all my
Colleagues to join advancing this Bill to Conference today.
Mr. INOUYE. Mr. President, I believe the Senator from Minnesota
wishes to be recognized.
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. WELLSTONE. Thank you, Mr. President.
Amendment No. 4364
Mr. WELLSTONE. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:
The Senator from Minnesota [Mr. Wellstone] proposes an
amendment numbered 4364.
Mr. WELLSTONE. Mr. President, I ask unanimous consent that reading of
the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To prohibit the use of funds made available in this Act for
payment on any new contract to any corporate expatriate)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Corporate Expatriates. (a) Limitation.--None of
the funds made available in this Act may be obligated for
payment on any new contract to a subsidiary of a publicly
traded corporation if the corporation incorporated after
December 31, 2001 in a tax haven country but the United
States is the principal market for the public trading of the
corporation's stock.
(b) Definition.--For purposes of subsection (a), the term
``tax haven country'' means each of the following: Barbados,
Bermuda, British Virgin Islands, Cayman Islands, Commonwealth
of the Bahamas, Cyprus, Gibraltar, Isle of Man, the
Principality of Liechtenstein, the Principality of Monaco,
the Republic of the Seychelles, and any other country that
the Secretary of the Treasury determines is used as a site of
incorporation primarily for the purpose of avoiding United
States taxation.
(c) Waiver.--The President may waive subsection (a) with
respect to any specific contract if the President certifies
to the Appropriations Committees of the House of
Representatives and the Senate that the waiver is required in
the interest of national security.
Mr. WELLSTONE. Mr. President and colleagues, I offer a very simple
amendment that would bar any funds in this bill from being used to
enter contracts with U.S. companies that incorporate overseas to avoid
U.S. taxes. Let me repeat that. I rise to offer a very simple amendment
that I believe will command a majority vote--I hope more than a
majority vote--in the Senate that would bar any funds in this bill from
being used to enter contracts with U.S. companies that incorporate
overseas to avoid U.S. taxes.
Former U.S. companies that have renounced their citizenship currently
hold at least $2 billion worth of contracts with the Federal
Government. I do not think companies that are not willing to pay their
fair share of taxes should be able to hold these contracts.
U.S. companies that play by the rules of the game, that pay their
fair share of taxes, should not be forced to compete with bad actors
that can undercut their bids because of a tax loophole.
In the last couple of years, a number of prominent U.S. corporations,
using creative paperwork, have transformed themselves into Bermuda
corporations, purely to avoid paying their fair share of U.S. taxes.
These new Bermuda companies are essentially or basically shell
corporations. They have no staff. They have no offices. They have no
business activity in Bermuda. They exist for the sole purpose of
shielding income from the Internal Revenue Service.
U.S. tax law contains many provisions designed to expose such
creative accounting and to require U.S. companies that are foreign in
name only to pay the same taxes as other domestic corporations. But
these bad corporate former citizens exploit a specific loophole in
current law so that the company is treated as foreign for tax purposes
and, therefore, pays no U.S. taxes on its foreign income.
The loophole gives tens of millions of dollars in tax breaks to major
multinational companies with significant non-U.S. business. It also
puts other U.S. companies unwilling or unable to use this loophole at a
competitive disadvantage. No American company should be penalized
staying put while others renounce U.S. citizenship for a tax break.
The problem with all this is that when these companies do not pay
their fair share, the rest of the American taxpayers and businesses are
stuck with the bill.
I think I can safely say that very few of the small businesses that I
visit in Detroit Lakes, MN, or Mankato or Minneapolis or Duluth can
avail themselves of the ``Bermuda Triangle.'' They cannot afford the
big-name tax lawyers and accountants to show them how to do their books
Enron-style, but they probably would not want to anyway if it meant
renouncing their citizenship. So the price they pay for their good
citizenship is a higher tax bill.
I believe the Congress will close this tax loophole this year. There
is growing support for doing so in the House. And I have introduced
legislation to close this loophole, and the Senate Finance Committee
has reported a version of this legislation, that I strongly support,
that would do so as well.
I say to the distinguished chair of the Appropriations Subcommittee
on Defense, it is not appropriate for the Senate to close the tax
loophole on this bill. This is not a tax bill, and I understand that.
Frankly, I think the tax legislation that is going to pass is going to
make it clear that any company that is located in Bermuda forthwith,
no matter when they incorporated, they are not going to be able to do
it any longer. They are not going to be able to do it. We are going to
close that tax loophole.
But what is appropriate for us to say today--and this is my moderate
version; this is the Senator Wellstone moderate version--what is
appropriate for us to say today is, if a U.S. company wants to bid for
a contract for U.S. defense work, it should not renounce its U.S.
citizenship for a tax break.
I am simply applying this to any corporation that incorporated after
December 31, 2001. I am not even reaching back. I am saying, look,
everyone has had the time now to understand, first, the unfairness and
the outrageousness of this from the point of view of who pays taxes,
who pays their fair share of taxes; and, second, everybody has had the
time to now understand what 9/11 meant to us, and any company, with
that background, that now continues to engage in this egregious
practice--after December 31, 2001, and in the future--that is going to
basically say, ``We are renouncing our U.S. citizenship so we don't
have to pay taxes,'' no longer will be eligible for any procurement.
That really is what this amendment says.
We all make sacrifices in a time of war. The only sacrifice this
amendment asks of Federal contractors is that they pay their fair share
of taxes like everybody else.
I say to my colleagues--and I say to the distinguished chair of the
committee--that, look, I want to go after this tax loophole. Believe
me, we will eliminate it. We will do it through the tax committee.
In the homeland defense bill on the House side, there is a tougher
version that reaches back. But I know in the House Defense
appropriations bill there is no such provision such as the provision I
am offering today.
So what I am saying to my colleagues--I guess I have a little bit
[[Page S7687]]
more; maybe it is because I am a Senator; maybe it is because of party
control, I don't know--I have a little bit more faith in what we will
do here. What I am saying to my colleagues is, I am giving you the
moderate version. I am giving you the most reasonable proposition.
We are only saying to Federal contractors: Pay your fair share of
taxes as does everybody else, and for now on--December 31, 2001, and
forward--any of you companies, if you want to go to Bermuda and play
this shell game and renounce your citizenship, then you are not going
to get our defense contracts. You are not going to get any of the
procurement.
This is really simple. This is really basic. This is really
straightforward. I think it would be a great shot across the bow and a
really powerful message, a really powerful and positive message, by the
Senate to go on record with a strong vote for this amendment.
The PRESIDING OFFICER. The Senator from Hawaii.
Mr. INOUYE. Mr. President, I hope the Senator agrees that this
amendment can be set aside temporarily to accommodate the request of
the chairman of the Finance Committee who wishes to study the measure.
I can assure you, sir, this matter will be considered.
The PRESIDING OFFICER. The Senator from Minnesota.
Mr. WELLSTONE. Mr. President, I say to my colleague from Hawaii, I
would be pleased to honor his request. I also know that our colleague,
Senator Stevens, from Alaska has an important engagement at the White
House and will not be here for a while anyway and requested that he be
here before there be any vote. So we can set this amendment aside.
The only thing I want to say to my colleague from Hawaii is, I am
certainly pleased for the Finance Committee people to look at this
amendment. We will continue the debate, and we will have a vote. We
will have a recorded vote. I worked hard on what could be the most
central, simple, compelling message that also is fair--maybe almost too
fair, frankly--to some of these companies. This is the proposition.
This is the proposal.
So it is fine with me to put it aside, understanding full well that
we will continue the debate and have an up-or-down vote.
Mr. INOUYE. With that understanding, I ask unanimous consent that
this measure be temporarily set aside.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. INOUYE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendments Nos. 4373 through 4386, En Bloc
Mr. INOUYE. Mr. President, I have a list of amendments. These
amendments have been cleared by both managers and their staffs. No
objections have been voiced. Furthermore, these amendments do not add a
single dollar to the bill. These are earmarks.
With that, the first amendment on behalf of Senator Allen; variable
floor rocket propulsion, earmarking $5 million; next amendment for
Senator Breaux, naval warfare tech center, earmarking $7 million; The
next amendment for Senator Bennett, Army Tooele Depot, earmarking $4.5
million; Next amendment for Senator Cleland, microelectronics,
earmarking $3 million; Next amendment for Senator Collins, TRP
composites, earmarking $2 million; Next amendment for Senator Conrad,
Internet-based diabetes management, earmarking $5 million; Next
amendment for Senator Dayton, live fire ranges, earmarking $3.7
million; Amendment for Senator DeWine, Army weapon materials,
earmarking $5 million; Next amendment for Senator Ensign, PRC-117
radios, earmarking $500,000; Next amendment for Senators Frist and
Thompson, expandable light shelters, earmarking $5 million; Next
amendment for Senator Kyl, extended range warfare, earmarking $10
million; Next amendment for Senator Santorum and Senator Specter, land
forces readiness, earmarking $3 million; Next amendment for Senators
Santorum and Specter, civil reserve space, earmarking $1 million; Next
amendment for Senators Voinovich and DeWine, viable combat avionics,
earmarking $2 million.
Mr. President, I send the amendments to the desk en bloc and ask that
they be considered and agreed to en bloc.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments (Nos. 4373 through 4386) were agreed to en bloc, as
follows:
amendment no. 4373
(Purpose: To make available from amounts available for the Air Force
for research, development, test, and evaluation $5,000,000 for the
Variable Flow Ducted Rocket propulsion system (PE063216F)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the amount appropriated by title IV under the
heading ``Research, Development, Test, and Evaluation, Air
Force'', up to $5,000,000 may be available for the Variable
Flow Ducted Rocket propulsion system (PE063216F).
____
amendment no. 4374
(Purpose: To set aside funding under RDT&E, Navy, for the Human
Resource Enterprise Strategy at the Space and Naval Warfare Information
Technology Center)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the total amount appropriated by title IV
under the heading ``Research, Development, Test, and
Evaluation, Navy'', $7,000,000 may be used for the Human
Resource Enterprise Strategy at the Space and Naval Warfare
Information Technology Center.
____
amendment no. 4375
(Purpose: To set aside from amounts available from H.R. 4775 to settle
the taking of property adjacent to the Army Tooele Depot)
At the appropriate place in the bill, add the following:
Sec. . Of the amounts appropriated in H.R. 4775, Chapter
3, under the heading ``Defense Emergency Response'', up to
$4,500,000 may be made available to settle the disputed
takings of property adjacent to the Tooele Army Depot, Utah.
____
amendment no. 4376
(Purpose: To make available from amounts available for Defense-Wide
research, development, test, and evaluation, $3,000,000 for execution
of the ferrite diminishing manufacturing program by the Defense Micro-
Electronics Activity)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the amount appropriated by title IV under the
heading ``Research, Development, Test, and Evaluation,
Defense-Wide'', up to $3,000,000 may be available for
execution of the ferrite diminishing manufacturing program by
the Defense Micro-Electronics Activity.
____
amendment no. 4377
(Purpose: To set aside from amounts available for the Navy for
research, development, test, and evaluation, $2,000,000 for Structural
Reliability of FRP Composites (PE0602123N))
In title IV under the heading ``Research Development, Test,
and Evaluation, Navy,'' insert before the period the
following: ``Provided further, That of the funds appropriated
by this paragraph, up to $2,000,000 may be available for
Structural Reliability of FRP Composites.
amendment no. 4378
(Purpose: To set aside from amounts available for the Army for
research, development, test, and evaluation, $5,000,000 for the Medical
Vanguard Project to expand the clinical trial of the Internet-based
diabetes managements system under that project)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the amount appropriated by title IV under the
heading Research, Development, Test, and Evaluation, Army'',
up to $5,000,000 may be available for the Medical Vanguard
Project to expand the clinical trial of the Internet-based
diabetes managements system under that project.
____
amendment no. 4379
(Purpose: To make available from amounts available for the Army for
operation and maintenance, $3,700,000 for Live Fire Range Upgrades)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. (a) Amount Available for Live Fire Range
Upgrades.--Of the amount appropriated by title II under the
heading Operation and Maintenance, Army'', up to $3,700,000
may be available for Live Fire Range Upgrades.
(b) Supplement Not Supplant.--The amount available under
subsection (a) for the purpose specified in that subsection
is in addition to any other amounts available under this Act
for that purpose.
____
Amendment No. 4380
(Purpose: To set aside funding under RDT&E, Army, for materials joining
for Army weapon systems)
On page 223, between lines 20 and 21, insert the following:
[[Page S7688]]
Sec. 8124. Of the amount appropriated by title IV under the
heading ``Research, Development, Test and Evaluation, Army'',
up to $5,000,000 may be used for materials joining for Army
weapon systems.
____
Amendment No. 4381
(Purpose: To make available from amounts available to the Army for
other procurement $500,000 for PRC-117F SATCOM backpack radios)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the amount appropriated by III under the
heading ``Other Procurement, Army'', up to $500,000 may be
available for PRC-117F SATCOM backpack radios.
____
Amendment No. 4382
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the total amount appropriated by this
division for Operation and Maintenance, Army, up to
$5,000,000 may be used for Expandable Light Air Mobility
Shelters (ELAMS).
____
AMENDMENT NO. 4383
(Purpose: To set aside from amounts available for the Navy for
research, development, test, and evaluation for Extended Range Anti-Air
Warfare)
At the appropriate place in the bill, add the following:
Sec. . Of the amounts appropriated by Title IV under the
heading ``Research, Development, Test, and Evaluation,
Navy'', up to $10,000,000 may be made available for extended
range anti-air warfare.
____
AMENDMENT NO. 4384
(Purpose: To set aside from amounts available for the Army Reserve for
operation and maintenance $3,000,000 for Land Forces Readiness for
Information Operations Sustainment)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the amount appropriated by title II under the
heading ``Operation and Maintenance, Army Reserve'', up to
$3,000,000 may be available for Land Forces Readiness for
Information Operations Sustainment.
____
AMENDMENT NO. 4385
(Purpose: To set aside from amounts available for the Air Force for
research, development, test, and evaluation $1,000,000 for Space and
Missile Operations for the Civil Reserve Space Service (CRSS)
initiative)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the amount appropriated by title IV under the
heading ``Research, Development, Test, and Evaluation, Air
Force'', up to $1,000,000 may be available for Space and
Missile Operations for the Civil Reserve Space Service (CRSS)
initiative.
____
AMENDMENT NO. 4386
(Purpose: To set aside funding under RDT&E, Air Force, for the Viable
Combat Avionics Initiative of the Air Force)
On page 223, between lines 20 and 21, insert the following:
Sec. 8124. Of the amount appropriated by title IV under the
heading ``Research, Development, Test and Evaluation, Air
Force'', $2,000,000 may be used for the Viable Combat
Avionics Initiative of the Air Force.
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Mr. INOUYE. Mr. President, I move to reconsider the vote and I move
to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. INOUYE. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The senior assistant bill clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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