II
Calendar No. 505
107TH CONGRESS
2D SESSION
H.R. 5010
[Report No. 107–213]
Making appropriations for the Department of Defense for the fiscal year
ending September 30, 2003, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE 28, 2002
Received; read twice and referred to the Committee on Appropriations
JULY 18, 2002
Reported by Mr. INOUYE, with an amendment
[Strike all after the enacting clause and insert the part printed in italic]
AN ACT
Making appropriations for the Department of Defense for
the fiscal year ending September 30, 2003, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives 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 func-
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tions 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 sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Army on active duty (except members of reserve compo-
nents 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 De-
partment
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 sta-
tion travel (including all expenses thereof for organiza-
tional movements), and expenses of temporary duty travel
between permanent duty stations, for members of the
Navy on active duty (except members of the Reserve pro-
vided for elsewhere), midshipmen, and aviation cadets; and
for payments pursuant to section 156 of Public Law 97–
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partment
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 Re-
serve 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 au-
thorized 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 Re-
serve 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 con-
nection with performing duty specified in section 12310(a)
of title 10, United States Code, or while undergoing re-
serve training, or while performing drills or equivalent
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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 Depart-
ment
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 under-
going reserve training, or while performing drills or equiv-
alent 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
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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 Na-
tional 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 pay-
ments 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 Na-
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tional 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 under-
going 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 author-
ized by law; and not to exceed $10,818,000 can be used
for emergencies and extraordinary expenses, to be ex-
pended 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 appro-
priated in this paragraph, not less than $355,000,000
shall be made available only for conventional ammunition
care and maintenance.
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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 pur-
poses, $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 ex-
pended on the approval or authority of the Secretary of
the Air Force, and payments may be made on his certifi-
cate
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 Sec-
retary of the Air Force for a grant to Florida Memorial
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College for the purpose of funding minority aviation train-
ing: 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 air-
crews 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 agen-
cies 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 extraor-
dinary expenses, to be expended on the approval or author-
ity of the Secretary of Defense, and payments may be
made on his certificate of necessity for confidential mili-
tary 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,
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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 legis-
lative liaison office: Provided further, That $4,675,000, to
remain available until expended, is available only for ex-
penses 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 pur-
chased with operation and maintenance funds shall not
apply to the funds described in the preceding proviso: Pro-
vided further, That the transfer authority provided under
this heading is in addition to any other transfer authority
provided elsewhere in this Act.
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OPERATION AND MAINTENANCE, ARMY RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Army Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; 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, or-
ganization, and administration, of the Navy Reserve; re-
pair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; 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, or-
ganization, and administration, of the Marine Corps Re-
serve; repair of facilities and equipment; hire of passenger
motor vehicles; travel and transportation; care of the dead;
recruiting; procurement of services, supplies, and equip-
ment; and communications, $189,532,000.
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OPERATION AND MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary
for the operation and maintenance, including training, or-
ganization, and administration, of the Air Force Reserve;
repair of facilities and equipment; hire of passenger motor
vehicles; travel and transportation; care of the dead; re-
cruiting; procurement of services, supplies, and equip-
ment; and communications, $2,165,604,000.
OPERATION AND MAINTENANCE, ARMY NATIONAL
GUARD
For expenses of training, organizing, and admin-
istering the Army National Guard, including medical and
hospital treatment and related expenses in non-Federal
hospitals; maintenance, operation, and repairs to struc-
tures and facilities; hire of passenger motor vehicles; per-
sonnel services in the National Guard Bureau; travel ex-
penses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard
division, regimental, and battalion commanders while in-
specting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, Na-
tional Guard Bureau; supplying and equipping the Army
National Guard as authorized by law; and expenses of re-
pair, modification, maintenance, and issue of supplies and
equipment (including aircraft), $4,231,967,000.
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OPERATION AND MAINTENANCE, AIR NATIONAL GUARD
For operation and maintenance of the Air National
Guard, including medical and hospital treatment and re-
lated expenses in non-Federal hospitals; maintenance, op-
eration, repair, and other necessary expenses of facilities
for the training and administration of the Air National
Guard, including repair of facilities, maintenance, oper-
ation, and modification of aircraft; transportation of
things, hire of passenger motor vehicles; supplies, mate-
rials, and equipment, as authorized by law for the Air Na-
tional 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 regula-
tions 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,
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$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 Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion 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 Sec-
retary of the Navy shall, upon determining that such
funds are required for environmental restoration, reduc-
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tion 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, re-
duction and recycling of hazardous waste, removal of un-
safe 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 deter-
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mination that all or part of the funds transferred from
this appropriation are not necessary for the purposes pro-
vided 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 re-
main available until transferred: Provided, That the Sec-
retary 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 appro-
priation to other appropriations made available to the De-
partment of Defense, to be merged with and to be avail-
able for the same purposes and for the same time period
as the appropriations to which transferred: Provided fur-
ther, That upon a determination that all or part of the
funds transferred from this appropriation are not nec-
essary for the purposes provided herein, such amounts
may be transferred back to this appropriation.
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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 Sec-
retary of the Army shall, upon determining that such
funds are required for environmental restoration, reduc-
tion and recycling of hazardous waste, removal of unsafe
buildings and debris at sites formerly used by the Depart-
ment 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: Pro-
vided 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 sec-
tions 401, 402, 404, 2547, and 2551 of title 10, United
States Code), $58,400,000, to remain available until Sep-
tember 30, 2004.
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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 weap-
on-related technology and expertise; for programs relating
to the training and support of defense and military per-
sonnel for demilitarization and protection of weapons,
weapons components and weapons technology and exper-
tise, 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 re-
lated allowances only for members of the Reserve Compo-
nents 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.
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TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, 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, ap-
pliances, 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 Na-
tional 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