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EVALUATION, NAVY’’ and available for Ship Concept Ad-
vanced Design, up to $8,000,000 may be available for the
Sealion Technology Demonstration program for the pur-
chase, test, and evaluation of a Sealion craft with modular
capability.
SEC. 8162. Of the funds made available in this Act
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, DEFENSE-WIDE’’, up to $3,000,000 may be
made available to digitize, convert, index, and format cap-
tured foreign documentary materials (including legacy ma-
terials) into a standard, usable format, to enable the timely
analysis and use of mission critical data by analytical and
warfighter personnel.
SEC. 8163. (a) Congress finds that—
(1) the Medal of Honor is the highest award for
valor in action against an enemy force which can be
bestowed upon an individual serving in the Armed
Forces of the United States;
(2) the Medal of Honor was established by Con-
gress during the Civil War to recognize soldiers who
had distinguished themselves by gallantry in action;
(3) the Medal of Honor was conceived by Senator
James Grimes of the State of Iowa in 1861; and
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(4) the Medal of Honor is the Nation’s highest
military honor, awarded for acts of personal bravery
or self-sacrifice above and beyond the call of duty.
(b)(1) Chapter 9 of title 36, United States Code, is
amended by adding at the end the following new section:
‘‘§ 903. Designation of Medal of Honor Flag
‘‘(a) DESIGNATION.—The Secretary of Defense shall
design and designate a flag as the Medal of Honor Flag.
In selecting the design for the flag, the Secretary shall con-
sider designs submitted by the general public.
‘‘(b) PRESENTATION.—The Medal of Honor Flag shall
be presented as specified in sections 3755, 6257, and 8755
of title 10 and section 505 of title 14.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘903. Designation of Medal of Honor Flag.’’.
(c)(1)(A) Chapter 357 of title 10, United States Code,
is amended by adding at the end the following new section:
‘‘§ 3755. Medal of honor: presentation of Medal of
Honor Flag
‘‘The President shall provide for the presentation of the
Medal of Honor Flag designated under section 903 of title
36 to each person to whom a medal of honor is awarded
under section 3741 of this title after the date of the enact-
ment of this section. Presentation of the flag shall be made
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at the same time as the presentation of the medal under
section 3741 or 3752(a) of this title.’’.
(B) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘3755. Medal of honor: presentation of Medal of Honor Flag.’’.
(2)(A) Chapter 567 of such title is amended by adding
at the end the following new section:
‘‘§ 6257. Medal of honor: presentation of Medal of
Honor Flag
‘‘The President shall provide for the presentation of the
Medal of Honor Flag designated under section 903 of title
36 to each person to whom a medal of honor is awarded
under section 6241 of this title after the date of the enact-
ment of this section. Presentation of the flag shall be made
at the same time as the presentation of the medal under
section 6241 or 6250 of this title.’’.
(B) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘6257. Medal of honor: presentation of Medal of Honor Flag.’’.
(3)(A) Chapter 857 of title 10, United States Code, is
amended by adding at the end the following new section:
‘‘§ 8755. Medal of honor: presentation of Medal of
Honor Flag
‘‘The President shall provide for the presentation of the
Medal of Honor Flag designated under section 903 of title
36 to each person to whom a medal of honor is awarded
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under section 8741 of this title after the date of the enact-
ment of this section. Presentation of the flag shall be made
at the same time as the presentation of the medal under
section 8741 or 8752(a) of this title.’’.
(B) The table of sections at the beginning of such chap-
ter is amended by adding at the end the following new item:
‘‘8755. Medal of honor: presentation of Medal of Honor Flag.’’.
(4)(A) Chapter 13 of title 14, United States Code, is
amended by inserting after section 504 the following new
section:
‘‘§ 505. Medal of honor: presentation of Medal of
Honor Flag
‘‘The President shall provide for the presentation of the
Medal of Honor Flag designated under section 903 of title
36 to each person to whom a medal of honor is awarded
under section 491 of this title after the date of the enactment
of this section. Presentation of the flag shall be made at
the same time as the presentation of the medal under section
491 or 498 of this title.’’.
(B) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
504 the following new item:
‘‘505. Medal of honor: presentation of Medal of Honor Flag.’’.
(d) The President shall provide for the presentation of
the Medal of Honor Flag designated under section 903 of
title 36, United States Code, as added by subsection (b),
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to each person awarded the Medal of Honor before the date
of enactment of this Act who is living as of that date. Such
presentation shall be made as expeditiously as possible after
the date of the designation of the Medal of Honor Flag by
the Secretary of Defense under such section.
SEC. 8164. Section 1305 of the National Defense Au-
thorization Act for Fiscal Year 2000 (Public Law 106–65;
22 U.S.C. 5952 note) is amended—
(1) by inserting ‘‘(a) LIMITATION.—’’ before ‘‘No
fiscal year’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) WAIVER.—(1) The limitation in subsection (a)
shall not apply to funds appropriated for Cooperative
Threat Reduction programs for a fiscal year if the President
submits to the Speaker of the House of Representatives and
the President pro tempore of the Senate a written certifi-
cation that the waiver of the limitation in such fiscal year
is important to the national security of the United States.
‘‘(2) A certification under paragraph (1) for fiscal
year 2003 shall cover funds appropriated for Cooperative
Threat Reduction programs for that fiscal year and for fis-
cal years 2000, 2001, and 2002.
‘‘(3) A certification under paragraph (1) shall include
a full and complete justification for the waiver of the limi-
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tation in subsection (a) for the fiscal year covered by the
certification.’’.
SEC. 8165. None of the funds appropriated by this Act
may be used for leasing of transport/VIP aircraft under any
contract entered into under any procurement procedures
other than pursuant to the Competition and Contracting
Act.
SEC. 8166. (a) Funds appropriated by title II under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’ may be used by the Military Community and Fam-
ily Policy Office of the Department of Defense for the oper-
ation of multidisciplinary, impartial domestic violence fa-
tality review teams of the Department of Defense that oper-
ate on a confidential basis.
(b) Of the total amount appropriated by title II under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’, $10,000,000 may be used for an advocate of victims
of domestic violence at each military installation to provide
confidential assistance to victims of domestic violence at the
installation.
(c) In each of the years 2003 through 2007, the Sec-
retary of Defense shall submit to Congress an annual report
on the implementation of the recommendations included in
the reports submitted to the Secretary by the Defense Task
Force on Domestic Violence under section 591(e) of the Na-
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tional Defense Authorization Act for Fiscal Year 2000 (Pub-
lic Law 106–65; 113 Stat. 639; 10 U.S.C. 1562 note).
SEC. 8167. (a) LIMITATION ON NUMBER OF GOVERN-
MENT CHARGE CARD ACCOUNTS
DURING FISCAL YEAR
2003.—The total number of accounts for government pur-
chase charge cards and government travel charge cards for
Department of Defense personnel during fiscal year 2003
may not exceed 1,500,000 accounts.
(b) REQUIREMENT
FOR
CREDITWORTHINESS
FOR
ISSUANCE OF GOVERNMENT CHARGE CARD.—(1) The Sec-
retary of Defense shall evaluate the creditworthiness of an
individual before issuing the individual a government pur-
chase charge card or government travel charge card.
(2) An individual may not be issued a government
purchase charge card or government travel charge card if
the individual is found not credit worthy as a result of the
evaluation under paragraph (1).
(c) DISCIPLINARY ACTION FOR MISUSE OF GOVERN-
MENT CHARGE CARD.—(1) The Secretary shall establish
guidelines and procedures for disciplinary actions to be
taken against Department personnel for improper, fraudu-
lent, or abusive use of government purchase charge cards
and government travel charge cards.
(2) The guidelines and procedures under this sub-
section shall include appropriate disciplinary actions for
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use of charge cards for purposes, and at establishments, that
are inconsistent with the official business of the Department
or with applicable standards of conduct.
(3) The disciplinary actions under this subsection may
include—
(A) the review of the security clearance of the in-
dividual involved; and
(B) the modification or revocation of such secu-
rity clearance in light of the review.
(4) The guidelines and procedures under this sub-
section shall apply uniformly among the Armed Forces and
among the elements of the Department.
(d) REPORT.—Not later than June 30, 2003, the Sec-
retary shall submit to the congressional defense committees
a report on the implementation of the requirements and
limitations in this section, including the guidelines and
procedures established under subsection (c).
SEC. 8168. Of the funds appropriated in this Act
under the heading ‘‘OPERATIONS AND MAINTENANCE, AIR
FORCE’’, up to $2,000,000 may be made available for the
Aircraft Repair Enhancement Program for the KC–135 at
the Oklahoma City Air Logistics Center.
SEC. 8169. Of the amount appropriated by title IV
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND
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EVALUATION, NAVY’’, up to $1,000,000 may be available for
Trouble Reports Information Data Warehouse.
SEC. 8170. Of the total amount appropriated by title
II under the heading ‘‘OPERATION
AND MAINTENANCE,
NAVY’’, for civilian manpower and personnel management,
up to $1,500,000 may be available for the Navy Pilot
Human Resources Call Center, Cutler, Maine.
SEC. 8171. Of the amount appropriated by title IV
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, DEFENSE–WIDE’’, up to $2,170,000 may be
available for the Nanophotonic Systems Fabrication Facil-
ity.
SEC. 8172. Of the amount appropriated by title IV
under the heading ‘‘RESEARCH, DEVELOPMENT, TEST AND
EVALUATION, DEFENSE-WIDE’’, up to $5,000,000 may be
available for small kill vehicle technology development (PE
0603175C) for midcourse phase ballistic missile defense.
SEC. 8173. Of the funds provided in this Act, under
the heading ‘‘OPERATION AND MAINTENANCE, DEFENSE-
WIDE’’, the Department of Defense should spend the amount
requested for the Family Advocacy Program, with priority
in any increase of funding provided to bases that are expe-
riencing increases in domestic violence.
SEC. 8174. Of the amount appropriated by title II
under the heading ‘‘OPERATION AND MAINTENANCE, NAVY’’,
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up to $2,500,000 may be available for the disposal of mate-
rials from Reach A at Earle Naval Weapons Station, New
Jersey, to an appropriate inland site designated by the Sec-
retary of the Navy.
SEC. 8175. Not later than 60 days after enactment of
this Act, the Commander in Chief of the United States Eu-
ropean Command shall submit a plan to the congressional
defense committees that provides for the refurbishment and
re-engining of the NATO AWACS aircraft fleet: Provided,
That this report reflect the significant contribution made
by the NATO AWACS fleet in response to the attacks on
the United States on September 11, 2001, and the invoca-
tion of Article V of the North Atlantic Treaty: Provided fur-
ther, That the plan shall describe any necessary memo-
randum agreement between the United States and NATO
for the refurbishment and re-engining of these aircraft.
SEC. 8176. Notwithstanding any provision of the De-
fense Base Closure and Realignment Act of 1990 (part A
of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)
or any other provision of law, the Secretary of the Navy
may transfer administrative jurisdiction of the portion of
the former Charleston Naval Base, South Carolina, com-
prising a law enforcement training facility of the Depart-
ment of Justice, together with any improvements thereon,
to the head of the department of the Federal Government
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having jurisdiction of the Border Patrol as of the date of
the transfer under this section.
SEC. 8177. Of the amount appropriated by title VI
under the heading ‘‘DEFENSE HEALTH PROGRAM’’, up to
$2,000,000 may be available to the Uniformed Services
University of the Health Sciences Center (USUHS) for
Complementary and Alternative Medicine Research for
Military Operations and Healthcare (MIL–CAM).
SEC. 8178. Of the total amount appropriated by title
II under the heading ‘‘OPERATION AND MAINTENANCE, DE-
FENSE-WIDE’’, up to $30,000,000 may be appropriated for
the competitive acquisition of commercial imagery, imagery
products, and services from United States commercial
sources of satellite-based remote sensing entities.
SEC. 8179. (a) Of the total amount appropriated by
title IV under the heading ‘‘RESEARCH, DEVELOPMENT,
TEST AND EVALUATION, DEFENSE-WIDE’’, up to $5,000,000
may be available for the development of an organic vaccine
production capability to protect members of the Armed
Forces against the effect of use of biological warfare agents.
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’’.
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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 sat-
ellites 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 na-
tional 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 capabili-
ties (including orbital transfers from low altitude or-
bits to high altitude orbits and return, the correction
of erroneous satellite orbits, and the recovery, refur-
bishment, and refueling of satellites) and the provi-
sion of upper stage functions to increase ground-to-
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(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 com-
panies secure otherwise unattainable private financ-
ing for the production of commercial reusable in-
space transportation systems, while at the same time
minimizing Government commitment and involve-
ment in the development of such systems.
SEC. 903. LOAN GUARANTEES FOR PRODUCTION OF COM-
MERCIAL REUSABLE IN-SPACE TRANSPOR-
TATION.
(a) AUTHORITY TO MAKE LOAN GUARANTEES.—The
Secretary may guarantee loans made to eligible United
States commercial providers for purposes of producing com-
mercial reusable in-space transportation services or sys-
tems.
(b) ELIGIBLE UNITED STATES COMMERCIAL PRO-
VIDERS.—The Secretary shall prescribe requirements for the
eligibility of United States commercial providers for loan
guarantees under this section. Such requirements shall en-
sure that eligible providers are financially capable of under-
taking a loan guaranteed under this section.
(c) LIMITATION ON LOANS GUARANTEED.—The Sec-
retary may not guarantee a loan for a United States com-
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mercial provider under this section unless the Secretary de-
termines 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 pro-
duced utilizing the proceeds of the loan.
(d) CREDIT SUBSIDY.—
(1) COLLECTION
REQUIRED.—The Secretary
shall collect from each United States commercial pro-
vider receiving a loan guarantee under this section an
amount equal to the amount, as determined by the
Secretary, to cover the cost, as defined in section
502(5) of the Federal Credit Reform Act of 1990, of
the loan guarantee.
(2) PERIODIC DISBURSEMENTS.—In the case of a
loan guarantee in which proceeds of the loan are dis-
bursed 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 subordi-
nated to another debt contracted by the United States
commercial provider concerned, or to any other
claims against such provider.
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(2) RESTRICTION ON INCOME.—A loan guaran-
teed under this section may not—
(A) provide income which is excluded from
gross income for purposes of chapter 1 of the In-
ternal Revenue Code of 1986; or
(B) provide significant collateral or secu-
rity, 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 evi-
dence of the following:
(A) That the guarantee has been properly
obtained.
(B) That the loan qualifies for the guar-
antee.
(C) That, but for fraud or material mis-
representation by the holder of the loan, the
guarantee is valid, legal, and enforceable.
(4) OTHER TERMS AND CONDITIONS.—The Sec-
retary may establish any other terms and conditions
for a guarantee of a loan under this section, as the
Secretary considers appropriate to protect the finan-
cial interests of the United States.
(f) ENFORCEMENT OF RIGHTS.—
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(1) IN GENERAL.—The Attorney General may
take any action the Attorney General considers ap-
propriate 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 for-
bearance will not result in any cost, as defined in sec-
tion 502(5) of the Federal Credit Reform Act of 1990,
to the United States.
(3) 
UTILIZATION
OF
PROPERTY.—Notwith-
standing 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 fi-
nanced by the loan; and
(B) complete, recondition, reconstruct, ren-
ovate, repair, maintain, operate, or sell the phys-
ical asset.
(g) CREDIT INSTRUMENTS.—
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(1) AUTHORITY TO ISSUE INSTRUMENTS.—Not-
withstanding any other provision of law, the Sec-
retary may, subject to such terms and conditions as
the Secretary considers appropriate, issue credit in-
struments 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 pro-
vided in subsequent appropriations Acts.
(2) CREDIT SUBSIDY.—The Secretary shall pro-
vide a credit subsidy for any credit instrument issued
under this subsection in accordance with the provi-
sions 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:
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(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Defense.
(2) COMMERCIAL
PROVIDER.—The term ‘‘com-
mercial provider’’ means any person or entity pro-
viding commercial reusable in-orbit space transpor-
tation 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 oper-
ations and activities involved in the direct transpor-
tation 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 trans-
portation vehicles and support space systems, and
ground administration and control facilities and as-
sociated equipment, necessary for the provision of in-
space transportation services.
(5) IN-SPACE TRANSPORTATION VEHICLE.—The
term ‘‘in-space transportation vehicle’’ means a vehi-
cle designed—
(A) to be based and operated in space;
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(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’’.
Passed the House of Representatives June 27, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate August 1, 2002.
Attest:
JERI THOMSON,
Secretary.