HR 5010 RFS
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 de-
velop a consultation policy, consistent with Executive
Order No. 13084 (issued May 14, 1998), with Native Ha-
waiians for the purpose of assuring maximum Native Ha-
waiian participation in the direction and administration of
governmental services so as to render those services more
responsive to the needs of the Native Hawaiian commu-
nity.
(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 ex-
ercised 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 pur-
pose of continuing the Arrow System Improvement Pro-
gram (ASIP), continuing ballistic missile defense inter-
HR 5010 RFS
operability with Israel, and continuing development of an
Arrow production capability in the United States.
SEC. 8096. Funds available to the Department of De-
fense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associ-
ated 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 De-
fense 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 con-
tinue 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 pro-
vision of law, these funds shall be available only for a
100
HR 5010 RFS
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 con-
fronted 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 mili-
tary 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
101
HR 5010 RFS
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’’:
102
HR 5010 RFS
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 limita-
tions 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 mainte-
nance.
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 deter-
mining appropriate purchases to be made using the Gov-
ernment 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.
103
HR 5010 RFS
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 here-
after, notwithstanding any other provision of law, the Sec-
retary of Defense may transfer not more than
$20,000,000 of unobligated balances remaining in a Re-
search, Development, Test and Evaluation, Army appro-
priation account during the last fiscal year before the ac-
count closes under section 1552 of title 31 United States
Code, to a current Research, Development, Test and Eval-
uation, Army appropriation account to be used only for
the continuation of the Venture Capital Fund demonstra-
tion, as originally approved in Section 8150 of Public Law
107–117, to pursue high payoff technology and innova-
tions 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: Pro-
104
HR 5010 RFS
vided 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 unob-
ligated 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 of this section describing the sources and
amounts of funds proposed to be transfered, summarizing
the projects funded under this demonstration program (in-
cluding 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 Hygien-
ists.
105
HR 5010 RFS
(A) The requirements of 38 U.S.C.
7403(g)(1)(A) shall apply.
(B) 
The 
limitations 
of 
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 intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2003 until the enactment of the Intelligence Author-
ization 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 De-
fense.
(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:
106
HR 5010 RFS
Provided, That the Secretary shall provide written notifi-
cation to the congressional defense committees 30 days
prior to such transfer: Provided further, That the Sec-
retary 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 notifica-
tion to the Office of Secretary of Defense and the congres-
sional 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
107
HR 5010 RFS
‘‘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 here-
by reduced by $475,000,000, to reduce excess funded car-
ryover, 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 ‘‘Oper-
ation and Maintenance, Army National Guard’’. Such
amount shall be made available to the Secretary of the
108
HR 5010 RFS
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 Vet-
erans Employment, a nonprofit labor-management co-op-
eration 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 Op-
eration 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 imme-
diate 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 pro-
grams, including participation at retreats and conferences.
109
HR 5010 RFS
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, re-
quirements 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 Depart-
ment of Defense.
(c) REPORT.—Not later than July 31, 2003, the advi-
sory committee shall submit to the Secretary of Defense
and the congressional defense committees a report con-
taining the results of the assessment and such rec-
ommendations as the committee considers necessary.
(d) FUNDING.—Funds for the activities of the advi-
sory committee shall be provided from amounts appro-
priated for operation and maintenance for Defense-Wide
activities for fiscal year 2003.
SEC. 8118. (a) LIMITATION ON ADDITIONAL NMCI
CONTRACT WORK STATIONS.—Notwithstanding section
110
HR 5010 RFS
814 of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Pub-
lic Law 106–398; 114 Stat. 1654A–215) or any other pro-
vision of law, the total number of work stations provided
under the Navy-Marine Corps Intranet contract (as de-
fined in subsection (i) of such section 814) may not exceed
160,000 work stations until the Under Secretary of De-
fense 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 satis-
fied.
(b) CONDITIONS.—The conditions referred to in sub-
section (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
111
HR 5010 RFS
(B) to evaluate the effectiveness and suit-
ability of the Navy-Marine Corps Intranet to
support accomplishment of Navy and Marine
Corps missions.
(3) The Director of Operational Test and Eval-
uation of the Department of Defense completes an
assessment of the operational test and evaluation
and provides the results of the assessment and rec-
ommendations 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 Acqui-
sition, Technology, and Logistics and the Chief In-
formation Officer of the Department of Defense de-
termine 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 De-
fense for Acquisition, Technology, and Logistics has pro-
vided 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
112
HR 5010 RFS
procurement quantities prior to the conclusion of Dedi-
cated 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 (com-
pared to the program costs assumed in the President’s fis-
cal year 2003 budget) that could result from retrofit modi-
fications 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.
113
HR 5010 RFS
(INCLUDING TRANSFER OF FUNDS)
SEC. 8120. Section 305(a) of the Emergency Supple-
mental Act, 2002 (division B of Public Law 107–117; 115
Stat. 2300), is amended by adding at the end the following
new sentences: ‘‘From amounts transferred to the Pen-
tagon 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 ‘Pen-
tagon Repair/Upgrade’) for expenses charged to that fund
(and that category) between September 11, 2001, and
January 10, 2002, for reconstruction costs of the Pen-
tagon Reservation. Funds transferred to the Defense
Emergency Response Fund pursuant to this section shall
be available only for reconstruction, recovery, force protec-
tion, or security enhancements for the Pentagon Reserva-
tion.’’.
SEC. 8121. (a) TERMINATION OF CRUSADER ARTIL-
LERY 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 Cru-
sader Artillery System, the Department of Defense is au-
thorized to terminate the Crusader program. Such termi-
nation shall be carried out in a prudent and deliberate
114
HR 5010 RFS
manner in order to provide for the orderly termination of
the program.
(b) ACCELERATION OF OTHER INDIRECT FIRE SYS-
TEMS.—Of the funds appropriated or otherwise made
available in this Act, under the heading ‘‘Research, Devel-
opment, Test, and Evaluation, Army’’, $305,109,000 shall
be available only to accelerate the development, dem-
onstration, and fielding of indirect fire platforms, preci-
sion munitions, and related technology.
(c) ACCELERATION OF OBJECTIVE FORCE ARTIL-
LERY AND RESUPPLY SYSTEMS.—(1) Immediately upon
termination of the Crusader Artillery System program, the
Department of the Army shall enter into a contract to le-
verage 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, Devel-
opment, Test, and Evaluation, Army’’, $368,500,000 is
available only for the Objective Force Indirect Fire Sys-
115
HR 5010 RFS
tems 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 com-
mittees that a contract has been awarded pursuant to sub-
section (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 Resup-
ply Vehicle variants by 2008.
SEC. 8122. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act.
SEC. 8123. Of the total amount appropriated pursu-
ant 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 sub-
section (b) of that section, not more than 99 percent may
be obligated until the Inspector General of the Depart-