In the Senate of the United States,
June 27, 2002.
Resolved, That the bill from the House of Representa-
tives (H.R. 4546) entitled ‘‘An Act to authorize appropria-
tions for fiscal year 2003 for military activities of the Depart-
ment of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe personnel
strengths for such fiscal year for the Armed Forces, and for
other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘National Defense Au-
thorization Act for Fiscal Year 2003’’.
HR 4546 EAS
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical agents and munitions destruction, defense.
Sec. 107. Defense health programs.
Subtitle B—Army Programs
Sec. 111. Pilot program on sales of manufactured articles and services of certain
Army industrial facilities without regard to availability from
domestic sources.
Subtitle C—Navy Programs
Sec. 121. Integrated bridge system.
Sec. 122. Extension of multiyear procurement authority for DDG–51 class de-
stroyers.
HR 4546 EAS
Sec. 123. Maintenance of scope of cruiser conversion of Ticonderoga class AEGIS
cruisers.
Sec. 124. Marine Corps live fire range improvements.
Subtitle D—Air Force Programs
Sec. 131. C–130J aircraft program.
Sec. 132. Pathfinder programs.
Sec. 133. Oversight of acquisition for defense space programs.
Sec. 134. Leasing of tanker aircraft.
Sec. 135. Compass Call program.
Sec. 136. Sense of Congress regarding assured access to space.
Sec. 137. Mobile emergency broadband system.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for science and technology.
Sec. 203. Defense health programs.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. Basic seismic research program for support of national requirements for
monitoring nuclear explosions.
Sec. 212. Advanced SEAL Delivery System.
Sec. 213. Army experimentation program regarding design of the objective force.
Sec. 214. Reallocation of amount available for indirect fire programs.
Sec. 215. Laser welding and cutting demonstration.
Sec. 216. Analysis of emerging threats.
Sec. 217. Prohibition on transfer of Medical Free Electron Laser program.
Sec. 218. Demonstration of renewable energy use.
Sec. 219A. Radar power technology for the Army.
Sec. 219B. Critical infrastructure protection.
Sec. 219C. Theater Aerospace Command and Control Simulation Facility up-
grades.
Sec. 219D. DDG optimized manning initiative.
Sec. 219E. Agroterrorist attacks.
Sec. 219F. Very high speed support vessel for the Army.
Sec. 219G. Full-scale high-speed permanent magnet generator.
Sec. 219H. Aviation-shipboard information technology initiative.
Sec. 219I. Aerospace Relay Mirror System (ARMS) Demonstration.
Sec. 219J. Littoral ship program.
Subtitle C—Missile Defense Programs
Sec. 221. Annual operational assessments and reviews of ballistic missile defense
program.
Sec. 222. Report on Midcourse Defense program.
Sec. 223. Report on Air-based Boost program.
Sec. 224. Report on Theater High Altitude Area Defense program.
Sec. 225. References to new name for Ballistic Missile Defense Organization.
Sec. 226. Limitation on use of funds for nuclear armed interceptors.
HR 4546 EAS
Sec. 227. Reports on flight testing of Ground-based Midcourse national missile de-
fense system.
Subtitle D—Improved Management of Department of Defense
Test and Evaluation Facilities
Sec. 231. Department of Defense Test and Evaluation Resource Enterprise.
Sec. 232. Transfer of testing funds from program accounts to infrastructure ac-
counts.
Sec. 233. Increased investment in test and evaluation facilities.
Sec. 234. Uniform financial management system for Department of Defense test
and evaluation facilities.
Sec. 235. Test and evaluation workforce improvements.
Sec. 236. Compliance with testing requirements.
Sec. 237. Report on implementation of Defense Science Board recommendations.
Subtitle E—Other Matters
Sec. 241. Pilot programs for revitalizing Department of Defense laboratories.
Sec. 242. Technology transition initiative.
Sec. 243. Encouragement of small businesses and nontraditional defense contrac-
tors to submit proposals potentially beneficial for combating ter-
rorism.
Sec. 244. Vehicle fuel cell program.
Sec. 245. Defense nanotechnology research and development program.
Sec. 246. Activities and assessment of the Defense Experimental Program to
Stimulate Competitive Research.
Sec. 247. Four-year extension of authority of DARPA to award prizes for ad-
vanced technology achievements.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Sec. 304. Range Enhancement Initiative Fund.
Sec. 305. Navy Pilot Human Resources Call Center, Cutler, Maine.
Sec. 306. National Army Museum, Fort Belvoir, Virginia.
Sec. 307. Disposal of obsolete vessels of the National Defense Reserve Fleet.
Subtitle B—Environmental Provisions
Sec. 311. Enhancement of authority on cooperative agreements for environmental
purposes.
Sec. 312. Modification of authority to carry out construction projects for environ-
mental responses.
Sec. 313. Increased procurement of environmentally preferable products.
Sec. 314. Cleanup of unexploded ordnance on Kaho’olawe Island, Hawaii.
Subtitle C—Defense Dependents’ Education
Sec. 331. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian
employees.
Sec. 332. Impact aid for children with severe disabilities.
Sec. 333. Options for funding dependent summer school programs.
HR 4546 EAS
Sec. 334. Comptroller General study of adequacy of compensation provided for
teachers in the Department of Defense Overseas Dependents’
Schools.
Subtitle D—Other Matters
Sec. 341. Use of humanitarian and civic assistance funds for reserve component
members of Special Operations Command engaged in activities
relating to clearance of landmines.
Sec. 342. Calculation of five-year period of limitation for Navy-Marine Corps
Intranet contract.
Sec. 343. Reimbursement for reserve component intelligence support.
Sec. 344. Rebate agreements under the special supplemental food program.
Sec. 345. Logistics support and services for weapon systems contractors.
Sec. 346. Continuation of Arsenal support program initiative.
Sec. 347. Two-year extension of authority of the Secretary of Defense to engage
in commercial activities as security for intelligence collection ac-
tivities abroad.
Sec. 348. Installation and connection policy and procedures regarding Defense
Switch Network.
Sec. 349. Engineering study and environmental analysis of road modifications in
vicinity of Fort Belvoir, Virginia.
Sec. 350. Extension of work safety demonstration program.
Sec. 351. Lift support for mine warfare ships and other vessels.
Sec. 352. Navy data conversion activities.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Authority to increase strength and grade limitations to account for re-
serve component members on active duty in support of a contin-
gency operation.
Sec. 403. Increased allowance for number of Marine Corps general officers on ac-
tive duty in grades above major general.
Sec. 404. Increase in authorized strengths for Marine Corps officers on active
duty in the grade of colonel.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitations on non-dual status technicians.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—Officer Personnel Policy
Sec. 501. Extension of certain requirements and exclusions applicable to service
of general and flag officers on active duty in certain joint duty
assignments.
HR 4546 EAS
Sec. 502. Extension of authority to waive requirement for significant joint duty
experience for appointment as a chief of a reserve component or
a National Guard director.
Sec. 503. Repeal of limitation on authority to grant certain officers a waiver of
required sequence for joint professional military education and
joint duty assignment.
Sec. 504. Extension of temporary authority for recall of retired aviators.
Sec. 505. Increased grade for heads of nurse corps.
Sec. 506. Reinstatement of authority to reduce service requirement for retirement
in grades above O–4.
Subtitle B—Reserve Component Personnel Policy
Sec. 511. Time for commencement of initial period of active duty for training
upon enlistment in reserve component.
Sec. 512. Authority for limited extension of medical deferment of mandatory re-
tirement or separation of reserve component officer.
Sec. 513. Repeal of prohibition on use of Air Force Reserve AGR personnel for
Air Force base security functions.
Subtitle C—Education and Training
Sec. 521. Increase in authorized strengths for the service academies.
Subtitle D—Decorations, Awards, and Commendations
Sec. 531. Waiver of time limitations for award of certain decorations to certain
persons.
Sec. 532. Korea Defense Service Medal.
Subtitle E—National Call to Service
Sec. 541. Enlistment incentives for pursuit of skills to facilitate national service.
Sec. 542. Military recruiter access to institutions of higher education.
Subtitle F—Other Matters
Sec. 551. Biennial surveys on racial, ethnic, and gender issues.
Sec. 552. Leave required to be taken pending review of a recommendation for re-
moval by a board of inquiry.
Sec. 553. Stipend for participation in funeral honors details.
Sec. 554. Wear of abayas by female members of the Armed Forces in Saudi Ara-
bia.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Rate of basic allowance for subsistence for enlisted personnel occupying
single Government quarters without adequate availability of
meals.
Sec. 603. Basic allowance for housing in cases of low-cost or no-cost moves.
Sec. 604. Temporary authority for higher rates of partial basic allowance for
housing for certain members assigned to housing under alter-
native authority for acquisition and improvement of military
housing.
HR 4546 EAS
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Increased maximum amount payable as multiyear retention bonus for
medical officers of the Armed Forces.
Sec. 616. Increased maximum amount payable as incentive special pay for med-
ical officers of the Armed Forces.
Sec. 617. Assignment incentive pay.
Sec. 618. Increased maximum amounts for prior service enlistment bonus.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Deferral of travel in connection with leave between consecutive overseas
tours.
Sec. 632. Transportation of motor vehicles for members reported missing.
Sec. 633. Destinations authorized for Government paid transportation of enlisted
personnel for rest and recuperation upon extending duty at des-
ignated overseas locations.
Sec. 634. Vehicle storage in lieu of transportation to certain areas of the United
States outside continental United States.
Subtitle D—Retirement and Survivor Benefit Matters
Sec. 641. Payment of retired pay and compensation to disabled military retirees.
Sec. 642. Increased retired pay for enlisted Reserves credited with extraordinary
heroism.
Sec. 643. Expanded scope of authority to waive time limitations on claims for
military personnel benefits.
Subtitle E—Other Matters
Sec. 651. Additional authority to provide assistance for families of members of
the Armed Forces.
Sec. 652. Time limitation for use of Montgomery GI Bill entitlement by members
of the Selected Reserve.
Sec. 653. Status of obligation to refund educational assistance upon failure to
participate satisfactorily in Selected Reserve.
Sec. 654. Prohibition on acceptance of honoraria by personnel at certain Depart-
ment of Defense schools.
Sec. 655. Rate of educational assistance under Montgomery GI Bill of dependents
transferred entitlement by members of the Armed Forces with
critical skills.
Sec. 656. Payment of interest on student loans.
Sec. 657. Modification of amount of back pay for members of Navy and Marine
Corps selected for promotion while interned as prisoners of war
during World War II to take into account changes in Consumer
Price Index.
HR 4546 EAS
TITLE VII—HEALTH CARE
Sec. 701. Eligibility of surviving dependents for TRICARE dental program bene-
fits after discontinuance of former enrollment.
Sec. 702. Advance authorization for inpatient mental health services.
Sec. 703. Continued TRICARE eligibility of dependents residing at remote loca-
tions after departure of sponsors for unaccompanied assign-
ments.
Sec. 704. Approval of medicare providers as TRICARE providers.
Sec. 705. Claims information.
Sec. 706. Department of Defense Medicare-Eligible Retiree Health Care Fund.
Sec. 707. Technical corrections relating to transitional health care for members
separated from active duty.
Sec. 708. Extension of temporary authority for entering into personal services
contracts for the performance of health care responsibilities for
the Armed Forces at locations other than military medical treat-
ment facilities.
Sec. 709. Restoration of previous policy regarding restrictions on use of Depart-
ment of Defense medical facilities.
Sec. 710. Health care under TRICARE for TRICARE beneficiaries receiving
medical care as veterans from the Department of Veterans Af-
fairs.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Subtitle A—Major Defense Acquisition Programs
Sec. 801. Buy-to-budget acquisition of end items.
Sec. 802. Report to Congress on incremental acquisition of major systems.
Sec. 803. Pilot program for spiral development of major systems.
Sec. 804. Improvement of software acquisition processes.
Sec. 805. Independent technology readiness assessments.
Sec. 806. Timing of certification in connection with waiver of survivability and
lethality testing requirements.
Subtitle B—Procurement Policy Improvements
Sec. 811. Performance goals for contracting for services.
Sec. 812. Grants of exceptions to cost or pricing data certification requirements
and waivers of cost accounting standards.
Sec. 813. Extension of requirement for annual report on defense commercial pric-
ing management improvement.
Sec. 814. Internal controls on the use of purchase cards.
Sec. 815. Assessment regarding fees paid for acquisitions under other agencies’
contracts.
Sec. 816. Pilot program for transition to follow-on contracts for certain prototype
projects.
Sec. 817. Waiver authority for domestic source or content requirements.
Subtitle C—Other Matters
Sec. 821. Extension of the applicability of certain personnel demonstration
project exceptions to an acquisition workforce demonstration
project.
Sec. 822. Moratorium on reduction of the defense acquisition and support work-
force.
HR 4546 EAS
Sec. 823. Extension of contract goal for small disadvantaged businesses and cer-
tain institutions of higher education.
Sec. 824. Mentor-Protege Program eligibility for HUBZone small business con-
cerns and small business concerns owned and controlled by serv-
ice-disabled veterans.
Sec. 825. Repeal of requirements for certain reviews by the Comptroller General.
Sec. 826. Multiyear procurement authority for purchase of dinitrogen tetroxide,
hydrazine, and hydrazine-related products.
Sec. 827. Multiyear procurement authority for environmental services for mili-
tary installations.
Sec. 828. Increased maximum amount of assistance for tribal organizations or
economic enterprises carrying out procurement technical assist-
ance programs in two or more service areas.
Sec. 829. Authority for nonprofit organizations to self-certify eligibility for treat-
ment as qualified organizations employing severely disabled
under Mentor-Protege Program.
Sec. 830. Report on effects of Army Contracting Agency.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Time for submittal of report on Quadrennial Defense Review.
Sec. 902. Increased number of Deputy Commandants authorized for the Marine
Corps.
Sec. 903. Base operating support for Fisher Houses.
Sec. 904. Prevention and mitigation of corrosion.
Sec. 905. Western Hemisphere Institute for Security Cooperation.
Sec. 906. Veterinary Corps of the Army.
Sec. 907. Under Secretary of Defense for Intelligence.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Reallocation of authorizations of appropriations from ballistic missile
defense to shipbuilding.
Sec. 1003. Authorization of appropriations for continued operations for the war
on terrorism.
Sec. 1004. Authorization of emergency supplemental appropriations for fiscal
year 2002.
Sec. 1005. United States contribution to NATO common-funded budgets in fiscal
year 2003.
Sec. 1006. Development and implementation of financial management enterprise
architecture.
Sec. 1007. Departmental accountable officials in the Department of Defense.
Sec. 1008. Department-wide procedures for establishing and liquidating personal
pecuniary liability.
Sec. 1009. Travel card program integrity.
Sec. 1010. Clearance of certain transactions recorded in Treasury suspense ac-
counts and resolution of certain check issuance discrepancies.
Sec. 1011. Additional amount for ballistic missile defense or combating terrorism
in accordance with national security priorities of the President.
Sec. 1012. Availability of amounts for Oregon Army National Guard for Search
and Rescue and Medical Evacuation missions in adverse weath-
er conditions.
HR 4546 EAS
Subtitle B—Naval Vessels and Shipyards
Sec. 1021. Number of Navy surface combatants in active and reserve service.
Sec. 1022. Plan for fielding the 155-millimeter gun on a surface combatant.
Sec. 1023. Report on initiatives to increase operational days of Navy ships.
Sec. 1024. Annual long-range plan for the construction of ships for the Navy.
Subtitle C—Reporting Requirements
Sec. 1031. Repeal and modification of various reporting requirements applicable
with respect to the Department of Defense.
Sec. 1032. Annual report on weapons to defeat hardened and deeply buried tar-
gets.
Sec. 1033. Revision of date of annual report on counterproliferation activities
and programs.
Sec. 1034. Quadrennial quality of life review.
Sec. 1035. Reports on efforts to resolve whereabouts and status of Captain Mi-
chael Scott Speicher, United States Navy.
Sec. 1036. Report on efforts to ensure adequacy of fire fighting staffs at military
installations.
Sec. 1037. Report on designation of certain Louisiana highway as defense access
road.
Sec. 1038. Plan for five-year program for enhancement of measurement and sig-
natures intelligence capabilities.
Sec. 1039. Report on volunteer services of members of the reserve components in
emergency response to the terrorist attacks of September 11,
2001.
Sec. 1040. Biannual reports on contributions to proliferation of weapons of mass
destruction and delivery systems by countries of proliferation
concern.
Subtitle D—Homeland Defense
Sec. 1041. Homeland security activities of the National Guard.
Sec. 1042. Conditions for use of full-time Reserves to perform duties relating to
defense against weapons of mass destruction.
Sec. 1043. Weapon of mass destruction defined for purposes of the authority for
use of Reserves to perform duties relating to defense against
weapons of mass destruction.
Sec. 1044. Report on Department of Defense homeland defense activities.
Sec. 1045. Strategy for improving preparedness of military installations for inci-
dents involving weapons of mass destruction.
Subtitle E—Other Matters
Sec. 1061. Continued applicability of expiring Governmentwide information secu-
rity requirements to the Department of Defense.
Sec. 1062. Acceptance of voluntary services of proctors for administration of
Armed Services Vocational Aptitude Battery.
Sec. 1063. Extension of authority for Secretary of Defense to sell aircraft and air-
craft parts for use in responding to oil spills.
Sec. 1064. Amendments to Impact Aid program.
Sec. 1065. Disclosure of information on Shipboard Hazard and Defense project
to Department of Veterans Affairs.
Sec. 1066. Transfer of historic DF–9E Panther aircraft to Women Airforce Serv-
ice Pilots Museum.
Sec. 1067. Rewards for assistance in combating terrorism.
HR 4546 EAS
Sec. 1068. Provision of space and services to military welfare societies.
Sec. 1069. Commendation of military chaplains.
Sec. 1070. Grant of Federal charter to Korean War Veterans Association, Incor-
porated.
TITLE XI—DEPARTMENT OF DEFENSE CIVILIAN
PERSONNEL POLICY
Sec. 1101. Extension of authority to pay severance pay in a lump sum.
Sec. 1102. Extension of voluntary separation incentive pay authority.
Sec. 1103. Extension of cost-sharing authority for continued FEHBP coverage of
certain persons after separation from employment.
Sec. 1104. Eligibility of nonappropriated funds employees to participate in the
Federal employees long-term care insurance program.
Sec. 1105. Increased maximum period of appointment under the experimental
personnel program for scientific and technical personnel.
Sec. 1106. Qualification requirements for employment in Department of Defense
professional accounting positions.
Sec. 1107. Housing benefits for unaccompanied teachers required to live at Guan-
tanamo Bay Naval Station, Cuba.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Subtitle A—Cooperative Threat Reduction With States of the
Former Soviet Union
Sec. 1201. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1202. Funding allocations.
Sec. 1203. Authorization of use of Cooperative Threat Reduction funds for
projects and activities outside the former Soviet Union.
Sec. 1204. Waiver of limitations on assistance under programs to facilitate coop-
erative threat reduction and nonproliferation.
Sec. 1205. Russian tactical nuclear weapons.
Subtitle B—Other Matters
Sec. 1211. Administrative support and services for coalition liaison officers.
Sec. 1212. Use of Warsaw Initiative funds for travel of officials from partner
countries.
Sec. 1213. Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities.
Sec. 1214. Arctic and Western Pacific Environmental Cooperation Program.
Sec. 1215. Department of Defense HIV/AIDS prevention assistance program.
Sec. 1216. Monitoring implementation of the 1979 United States-China Agree-
ment on Cooperation in Science and Technology.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2002
projects.
HR 4546 EAS
Sec. 2106. Modification of authority to carry out certain fiscal year 2000 project.
Sec. 2107. Modification of authority to carry out certain fiscal year 1999 project.
Sec. 2108. Modification of authority to carry out certain fiscal year 1997 project.
Sec. 2109. Modification of authority to carry out certain fiscal year 2001 project.
Sec. 2110. Planning and design for anechoic chamber at White Sands Missile
Range, New Mexico.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification to carry out certain fiscal year 2002 projects.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
Sec. 2305. Authority for use of military construction funds for construction of
public road near Aviano Air Base, Italy, closed for force protec-
tion purposes.
Sec. 2306. Additional project authorization for air traffic control facility at
Dover Air Force Base, Delaware.
Sec. 2307. Availability of funds for consolidation of materials computational re-
search facility at Wright-Patterson Air Force Base, Ohio.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized guard and reserve construction and land acquisition
projects.
Sec. 2602. Army National Guard Reserve Center, Lane County, Oregon.
Sec. 2603. Additional project authorization for Composite Support Facility for Il-
linois Air National Guard.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2000 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999 projects.
HR 4546 EAS
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Lease of military family housing in Korea.
Sec. 2802. Repeal of source requirements for family housing construction overseas.
Sec. 2803. Modification of lease authorities under alternative authority for acqui-
sition and improvement of military housing.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Agreements with private entities to enhance military training, testing,
and operations.
Sec. 2812. Conveyance of surplus real property for natural resource conservation.
Sec. 2813. Modification of demonstration program on reduction in long-term fa-
cility maintenance costs.
Subtitle C—Land Conveyances
Sec. 2821. Conveyance of certain lands in Alaska no longer required for National
Guard purposes.
Sec. 2822. Land conveyance, Fort Campbell, Kentucky.
Sec. 2823. Modification of authority for land transfer and conveyance, Naval Se-
curity Group Activity, Winter Harbor, Maine.
Sec. 2824. Land conveyance, Westover Air Reserve Base, Massachusetts.
Sec. 2825. Land conveyance, Naval Station Newport, Rhode Island.
Sec. 2826. Land exchange, Buckley Air Force Base, Colorado.
Sec. 2827. Land acquisition, Boundary Channel Drive Site, Arlington, Virginia.
Sec. 2828. Land conveyances, Wendover Air Force Base Auxiliary Field, Nevada.
Sec. 2829. Land conveyance, Fort Hood, Texas.
Sec. 2830. Land conveyances, Engineer Proving Ground, Fort Belvoir, Virginia.
Sec. 2831. Master plan for use of Navy Annex, Arlington, Virginia.
Sec. 2832. Land conveyance, Sunflower Army Ammunition Plant, Kansas.
Sec. 2833. Land conveyance, Bluegrass Army Depot, Richmond, Kentucky.
Subtitle D—Other Matters
Sec. 2841. Transfer of funds for acquisition of replacement property for National
Wildlife Refuge system lands in Nevada.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental management.
Sec. 3103. Other defense activities.
Sec. 3104. Defense environmental management privatization.
Sec. 3105. Defense nuclear waste disposal.
HR 4546 EAS
Subtitle B—Recurring General Provisions
Sec. 3121. Reprogramming.
Sec. 3122. Limits on minor construction projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Sec. 3130. Transfer of weapons activities funds.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3131. Availability of funds for environmental management cleanup reform.
Sec. 3132. Robust Nuclear Earth Penetrator.
Sec. 3133. Database to track notification and resolution phases of Significant
Finding Investigations.
Sec. 3134. Requirements for specific request for new or modified nuclear weapons.
Sec. 3135. Requirement for authorization by law for funds obligated or expended
for Department of Energy national security activities.
Sec. 3136. Limitation on availability of funds for program to eliminate weapons
grade plutonium production in Russia.
Subtitle D—Proliferation Matters
Sec. 3151. Administration of program to eliminate weapons grade plutonium
production in Russia.
Sec. 3152. Repeal of requirement for reports on obligation of funds for programs
on fissile materials in Russia.
Sec. 3153. Expansion of annual reports on status of nuclear materials protection,
control, and accounting programs.
Sec. 3154. Testing of preparedness for emergencies involving nuclear, radiological,
chemical, or biological weapons.
Sec. 3155. Program on research and technology for protection from nuclear or ra-
diological terrorism.
Sec. 3156. Expansion of international materials protection, control, and account-
ing program.
Sec. 3157. Accelerated disposition of highly enriched uranium and plutonium.
Sec. 3158. Disposition of plutonium in Russia.
Sec. 3159. Strengthened international security for nuclear materials and safety
and security of nuclear operations.
Sec. 3160. Export control programs.
Sec. 3161. Improvements to nuclear materials protection, control, and accounting
program of the Russian Federation.
Sec. 3162. Comprehensive annual report to Congress on coordination and integra-
tion of all United States nonproliferation activities.
Sec. 3163. Utilization of Department of Energy national laboratories and sites in
support of counterterrorism and homeland security activities.
Subtitle E—Other Matters
Sec. 3171. Indemnification of Department of Energy contractors.
Sec. 3172. Worker health and safety rules for Department of Energy facilities.
HR 4546 EAS
Sec. 3173. One-year extension of authority of Department of Energy to pay vol-
untary separation incentive payments.
Sec. 3174. Support for public education in the vicinity of Los Alamos National
Laboratory, New Mexico.
Subtitle F—Disposition of Weapons-Usable Plutonium at
Savannah River, South Carolina
Sec. 3181. Findings.
Sec. 3182. Disposition of weapons-usable plutonium at Savannah River Site.
Sec. 3183. Study of facilities for storage of plutonium and plutonium materials
at Savannah River Site.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
Sec. 3202. Authorization of appropriations for the formerly used sites remedial
action program of the Corps of Engineers.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for procurement for the Army as follows:
(1) For aircraft, $2,144,386,000.
HR 4546 EAS
(2) For missiles, $1,653,150,000.
(3) For weapons and tracked combat vehicles,
$2,242,882,000.
(4) For ammunition, $1,205,499,000.
(5) For other procurement, $5,513,679,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2003 for procurement for the Navy
as follows:
(1) For aircraft, $9,037,209,000.
(2) For weapons, including missiles and tor-
pedoes, $2,505,820,000.
(3) 
For 
shipbuilding 
and 
conversion,
$8,624,160,000.
(4) For other procurement, $4,515,500,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2003 for procurement for
the Marine Corps in the amount of $1,341,219,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2003 for procurement of ammunition for the Navy and the
Marine Corps in the amount of $1,173,157,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for procurement for the Air Force as follows:
HR 4546 EAS
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the Department of Defense for procure-
ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $278,742,000.
Subtitle B—Army Programs
SEC. 111. PILOT PROGRAM ON SALES OF MANUFACTURED
ARTICLES AND SERVICES OF CERTAIN ARMY
INDUSTRIAL FACILITIES WITHOUT REGARD
TO AVAILABILITY FROM DOMESTIC SOURCES.
(a) EXTENSION OF PROGRAM.—Subsection (a) of sec-
tion 141 of the National Defense Authorization Act for Fis-
cal Year 1998 (Public Law 105–85; 10 U.S.C. 4543 note)
is amended by striking ‘‘through 2002’’ in the first sentence
and inserting ‘‘through 2004’’.
(b) USE OF OVERHEAD FUNDS MADE SURPLUS BY
SALES.—Such section is further amended—
(1) by redesignating subsection (c) as subsection
(d); and
(2) by inserting after subsection (b) the following
new subsection (c):
‘‘(c) For each Army industrial facility participating
in the pilot program that sells manufactured articles and
services in a total amount in excess of $20,000,000 in any
fiscal year, the amount equal to one-half of one percent of
HR 4546 EAS
such total amount shall be transferred from the sums in
the Army Working Capital Fund for unutilized plant ca-
pacity to appropriations available for the following fiscal
year for the demilitarization of conventional ammunition
by the Army.’’.
(c) UPDATE OF INSPECTOR GENERAL’S REVIEW.—The
Inspector General of the Department of Defense shall review
the experience under the pilot program carried out under
section 141 of Public Law 105–85 and, not later than July
1, 2003, submit to Congress a report on the results of the
review. The report shall contain the views, information, and
recommendations called for under subsection (d) of such sec-
tion (as redesignated by subsection (b)(1)). In carrying out
the review and preparing the report, the Inspector General
shall take into consideration the report submitted to Con-
gress under such subsection (as so redesignated).
Subtitle C—Navy Programs
SEC. 121. INTEGRATED BRIDGE SYSTEM.
(a) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated by section 102(a)(4), $5,000,000
shall be available for the procurement of the integrated
bridge system in items less than $5,000,000.
(b) OFFSETTING REDUCTION.—Of the total amount
authorized to be appropriated by section 102(a)(4), the
HR 4546 EAS
amount available for the integrated bridge system in Aegis
support equipment is hereby reduced by $5,000,000.
SEC. 122. EXTENSION OF MULTIYEAR PROCUREMENT AU-
THORITY FOR DDG–51 CLASS DESTROYERS.
Section 122(b) of the National Defense Authorization
Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat.
2446), as amended by section 122 of Public Law 106–65
(113 Stat. 534) and section 122(a) 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–24), is further amended by striking ‘‘October 1,
2005’’ in the first sentence and inserting ‘‘October 1, 2007’’.
SEC. 123. MAINTENANCE OF SCOPE OF CRUISER CONVER-
SION OF TICONDEROGA CLASS AEGIS CRUIS-
ERS.
The Secretary of the Navy should maintain the scope
of the cruiser conversion program for the Ticonderoga class
of AEGIS cruisers such that the program—
(1) covers all 27 Ticonderoga class AEGIS cruis-
ers; and
(2) modernizes the class of cruisers to include an
appropriate mix of upgrades to ships’ capabilities for
theater missile defense, naval fire support, and air
dominance.
HR 4546 EAS
SEC. 124. MARINE CORPS LIVE FIRE RANGE IMPROVE-
MENTS.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS.—The amount authorized to be appropriated by sec-
tion 102(b) for procurement for the Marine Corps is hereby
increased by $1,900,000, with the amount of the increase
to be allocated to Training Devices.
(b) AVAILABILITY.—(1) Of the amount authorized to
be appropriated by section 102(b) for procurement for the
Marine Corps, as increased by subsection (a), $1,900,000
shall be available as follows:
(A) For upgrading live fire range target movers.
(B) To bring live fire range radio controls into
compliance with Federal Communications Commis-
sion narrow band requirements.
(2) Amounts available under paragraph (1) for the
purposes set forth in that paragraph are in addition to any
other amounts available in this Act for such purposes.
(c) OFFSETTING REDUCTION.—The amount authorized
to be appropriated by section 103(1) for the C–17 interim
contractor support is reduced by $1,900,000.
Subtitle D—Air Force Programs
SEC. 131. C–130J AIRCRAFT PROGRAM.
(a) MULTIYEAR PROCUREMENT AUTHORITY.—Begin-
ning with the fiscal year 2003 program year, the Secretary
of the Air Force may, in accordance with section 2306b of
HR 4546 EAS
title 10, United States Code, enter into a multiyear contract
for the procurement of C–130J aircraft and variants of the
C–130J aircraft, subject to subsection (b), and except that,
notwithstanding subsection (k) of such section, such a con-
tract may be for a period of six program years.
(b) LIMITATION.—The Secretary of the Air Force may
not enter into a multiyear contract authorized by subsection
(a) until the C–130J aircraft has been cleared for worldwide
over-water capability.
SEC. 132. PATHFINDER PROGRAMS.
(a) SPIRAL DEVELOPMENT PLAN
FOR SELECTED
PATHFINDER PROGRAMS.—Not later than February 1,
2003, the Secretary of the Air Force shall—
(1) identify among the pathfinder programs list-
ed in subsection (e) each pathfinder program that the
Secretary shall conduct as a spiral development pro-
gram; and
(2) submit to the Secretary of Defense for each
pathfinder program identified under paragraph (1) a
spiral development plan that meets the requirements
of section 803(c).
(b) APPROVAL OR DISAPPROVAL OF SPIRAL DEVELOP-
MENT PLANS.—Not later than March 15, 2003, the Sec-
retary of Defense shall—
HR 4546 EAS
(1) review each spiral development plan sub-
mitted under subsection (a)(2);
(2) approve or disapprove the conduct as a spi-
ral development plan of the pathfinder program cov-
ered by each such spiral development plan; and
(3) submit to the congressional defense commit-
tees a copy of each spiral development plan approved
under paragraph (2).
(c) ASSESSMENT OF PATHFINDER PROGRAMS NOT SE-
LECTED OR APPROVED FOR SPIRAL DEVELOPMENT.—Not
later than March 15, 2003, each official of the Department
of Defense specified in subsection (d) shall submit to the
congressional defense committees the assessment required of
such official under that subsection for the acquisition plan
for each pathfinder program as follows:
(1) Each pathfinder program that is not identi-
fied by the Secretary of the Air Force under sub-
section (a)(1) as a program that the Secretary shall
conduct as a spiral development program.
(2) Each pathfinder program that is disapproved
by the Secretary of Defense for conduct as a spiral de-
velopment program under subsection (b)(2).
(d) OFFICIALS
AND REQUIRED ASSESSMENTS
FOR
PROGRAMS OUTSIDE SPIRAL DEVELOPMENT.—The officials
HR 4546 EAS
specified in this subsection, and the assessment required of
such officials, are as follows:
(1) The Director of Operational Test and Eval-
uation, who shall assess the test contents of the acqui-
sition plan for each pathfinder program covered by
subsection (c).
(2) The Chairman of the Joint Requirements
Oversight Council, who shall assess the extent to
which the acquisition plan for each such pathfinder
program addresses validated military requirements.
(3) The Under Secretary of Defense (Comp-
troller), in coordination with the Under Secretary of
Defense for Acquisition, Technology, and Logistics,
who shall conduct an independent programmatic
evaluation of the acquisition plan for each such path-
finder program, including an analysis of the total
cost, schedule, and technical risk associated with de-
velopment of such program.
(e) PATHFINDER PROGRAMS.—The pathfinder pro-
grams listed in this subsection are the program as follows:
(1) Space Based Radar.
(2) Global Positioning System.
(3) Global Hawk.
(4) Combat Search and Rescue.
(5) B–2 Radar.
HR 4546 EAS
(6) Predator B.
(7) B–1 Defensive System Upgrade.
(8) Multi Mission Command and Control Con-
stellation.
(9) Unmanned Combat Air Vehicle.
(10) Global Transportation Network.
(11) C–5 Avionics Modernization Program.
(12) Hunter/Killer.
(13) Tanker/Lease.
(14) Small Diameter Bomb.
(15) KC–767.
(16) AC–130 Gunship.
SEC. 133. OVERSIGHT OF ACQUISITION FOR DEFENSE
SPACE PROGRAMS.
(a) IN GENERAL.—The Office of the Secretary of De-
fense shall maintain oversight of acquisition for defense
space programs.
(b) REPORT
ON OVERSIGHT.—(1) Not later than
March 15, 2003, the Secretary of Defense shall submit to
the congressional defense committees a detailed plan on how
the Office of the Secretary of Defense shall provide oversight
of acquisition for defense space programs.
(2) The plan shall set forth the following:
(A) The organizations in the Office of the Sec-
retary of Defense, and the Joint Staff organizations,
HR 4546 EAS
to be involved in oversight of acquisition for defense
space programs.
(B) The process for the review of defense space
programs by the organizations specified under sub-
paragraph (A).
(C) The process for the provision by such organi-
zations of technical, programmatic, scheduling, and
budgetary advice on defense space programs to the
Deputy Secretary of Defense and the Under Secretary
of the Air Force.
(D) The process for the development of inde-
pendent cost estimates for defense space programs, in-
cluding the organization responsible for developing
such cost estimates and when such cost estimates shall
be required.
(E) The process for the development of the budget
for acquisition for defense space programs.
(F) The process for the resolution of issues re-
garding acquisition for defense space programs that
are raised by the organizations specified under sub-
paragraph (A).
(c) DEFENSE SPACE PROGRAM DEFINED.—In this sec-
tion, the term ‘‘defense space program’’ means any major
defense acquisition program (as that term is defined in sec-
HR 4546 EAS
tion 2430 of title 10, United States Code) for the acquisition
of—
(1) space-based assets, space launch assets, or
user equipment for such assets; or
(2) earth-based or spaced-based assets dedicated
primarily to space surveillance or space control.
SEC. 134. LEASING OF TANKER AIRCRAFT.
The Secretary of the Air Force shall not enter into any
lease for tanker aircraft until the Secretary submits the re-
port required by section 8159(c)(6) of the Department of
Defense Appropriations Act, 2002 (division A of Public
Law 107–117; 115 Stat. 2284) and obtains authorization
and appropriation of funds necessary to enter into a lease
for such aircraft consistent with his publicly stated commit-
ments to the Congress to do so.
SEC. 135. COMPASS CALL PROGRAM.
Of the amount authorized to be appropriated by sec-
tion 103(1), $12,700,000 shall be available for the Compass
Call program within classified projects and not within the
Defense Airborne Reconnaissance Program.
SEC. 136. SENSE OF CONGRESS REGARDING ASSURED AC-
CESS TO SPACE.
(a) FINDINGS.—Congress makes the following findings:
(1) Assured access to space is a vital national se-
curity interest of the United States.
HR 4546 EAS
(2) The Evolved Expendable Launch Vehicle pro-
gram of the Department of Defense is a critical ele-
ment of the Department’s plans for assuring United
States access to space.
(3) Significant contractions in the commercial
space launch marketplace have eroded the overall via-
bility of the United States space launch industrial
base and could hamper the ability of the Department
of Defense to provide assured access to space in the
future.
(4) The continuing viability of the United States
space launch industrial base is a critical element of
any strategy to ensure the long-term ability of the
United States to assure access to space.
(5) The Under Secretary of the Air Force, as ac-
quisition executive for space programs in the Depart-
ment of Defense, has been authorized to develop a
strategy to address United States space launch and
assured access to space requirements.
(b) SENSE OF CONGRESS.—It is the sense of Congress
that the Under Secretary of the Air Force should—
(1) evaluate all options for sustaining the United
States space launch industrial base;
HR 4546 EAS
(2) develop an integrated, long-range, and ade-
quately funded plan for assuring United States access
to space; and
(3) submit to Congress a report on the plan at
the earliest opportunity practicable.
SEC. 137. MOBILE EMERGENCY BROADBAND SYSTEM.
(a) AMOUNT FOR PROGRAM.—Of the total amount au-
thorized to be appropriated by section 103(4), $1,000,000
may be available for the procurement of technical commu-
nications-electronics equipment for the Mobile Emergency
Broadband System.
(b) OFFSETTING REDUCTION.—Of the total amount
authorized to be appropriated by section 103(4), the amount
available under such section for the Navy for other procure-
ment for gun fire control equipment, SPQ–9B solid state
transmitter, is hereby reduced by $1,000,000.
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
HR 4546 EAS
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. BASIC SEISMIC RESEARCH PROGRAM FOR SUP-
PORT OF NATIONAL REQUIREMENTS FOR
MONITORING NUCLEAR EXPLOSIONS.
(a) MANAGEMENT OF PROGRAM.—(1) The Secretary of
the Air Force shall manage the Department of Defense pro-
gram of basic seismic research in support of national re-
quirements for monitoring nuclear explosions. The Sec-
retary shall manage the program in the manner necessary
to support Air Force mission requirements relating to the
national requirements.
(2) The Secretary shall act through the Director of the
Air Force Research Laboratory in carrying out paragraph
(1).
(c) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated by section 201(4), $20,000,000 shall
be available for the program referred to in subsection (a).
SEC. 212. ADVANCED SEAL DELIVERY SYSTEM.
To the extent provided in appropriations Acts, the Sec-
retary of Defense may use for research, development, test,
and evaluation for the Advanced SEAL Delivery System
any funds that were authorized to be appropriated to the
Department of Defense for fiscal year 2002 for the procure-
ment of that system, were appropriated pursuant to such
HR 4546 EAS
authorization of appropriations, and are no longer needed
for that purpose.
SEC. 213. ARMY EXPERIMENTATION PROGRAM REGARDING
DESIGN OF THE OBJECTIVE FORCE.
(a) REQUIREMENT
FOR REPORT.—Not later than
March 30, 2003, the Secretary of the Army shall submit
to Congress a report on the experimentation program re-
garding design of the objective force that is required by sub-
section (g) of section 113 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001, as added
by section 113 of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107–107; 115 Stat.
1029).
(b) BUDGET DISPLAY.—Amounts provided for the ex-
perimentation program in the budget for fiscal year 2004
that is submitted to Congress under section 1105(a) of title
31, United States Code, shall be displayed as a distinct pro-
gram element in that budget and in the supporting docu-
mentation submitted to Congress by the Secretary of De-
fense.
SEC. 214. REALLOCATION OF AMOUNT AVAILABLE FOR IN-
DIRECT FIRE PROGRAMS.
(a) REDUCTION OF AMOUNT FOR CRUSADER.—Of the
amount authorized to be appropriated by section 201(1) for
the Army for research, development, test, and evaluation,
HR 4546 EAS
the amount available for continued research and develop-
ment of the Crusader artillery system is hereby reduced by
$475,600,000.
(b) INCREASE OF AMOUNT FOR FUTURE COMBAT SYS-
TEMS.—Of the amount authorized to be appropriated by
section 201(1) for the Army for research, development, test,
and evaluation, the amount available for research and de-
velopment for the Objective Force indirect fire systems is
hereby increased by $475,600,000. The amount of the in-
crease shall be available only for meeting the needs of the
Army for indirect fire capabilities, and may not be used
under the authority of this section until 30 days after the
date on which the Secretary of Defense submits to the con-
gressional defense committees the report required by sub-
section (d), together with a notification of the Secretary’s
plan to use such funds to meet the needs of the Army for
indirect fire capabilities.
(c) USE OF FUNDS.—Subject to subsection (b), the Sec-
retary of Defense may use the amount available under such
subsection for any program for meeting the needs of the
Army for indirect fire capabilities.
(d) REPORTING REQUIREMENT.—(1) Not later than 30
days after the date of the enactment of this Act, the Chief
of Staff of the Army shall complete a review of the full range
of Army programs that could provide improved indirect fire
HR 4546 EAS
for the Army over the next 20 years and shall submit to
the Secretary of Defense a report containing the rec-
ommendation of the Chief of Staff on which alternative for
improving indirect fire for the Army is the best alternative
for that purpose. The report shall also include information
on each of the following funding matters:
(A) The manner in which the amount available
under subsection (b) should be best invested to support
the improvement of indirect fire capabilities for the
Army.
(B) The manner in which the amount provided
for indirect fire programs of the Army in the future-
years defense program submitted to Congress with re-
spect to the budget for fiscal year 2003 under section
221 of title 10, United States Code, should be best in-
vested to support improved indirect fire for the Army.
(C) The manner in which the amounts described
in subparagraphs (A) and (B) should be best invested
to support the improvement of indirect fire capabili-
ties for the Army in the event of a termination of the
Crusader artillery system program.
(D) The portion of the amount available under
subsection (b) that should be reserved for paying costs
associated with a termination of the Crusader artil-
HR 4546 EAS
lery system program in the event of such a termi-
nation.
(2) The Secretary of Defense shall submit the report,
together with any comments and recommendations that the
Secretary considers appropriate, to the congressional de-
fense committees.
(e) ANNUAL UPDATES.—(1) The Secretary shall sub-
mit to the congressional defense committees, at the same
time that the President submits the budget for a fiscal year
referred to in paragraph (4) to Congress under section
1105(a) of title 31, United States Code, a report on the in-
vestments proposed to be made in indirect fire programs
for the Army.
(2) If the Crusader artillery system program has been
terminated by the time the annual report is submitted in
conjunction with the budget for a fiscal year, the report
shall—
(A) identify the amount proposed for expenditure
for the Crusader artillery system program for that fis-
cal year in the future-years defense program that was
submitted to Congress in 2002 under section 221 of
title 10, United States Code; and
(B) specify—
(i) the manner in which the amount pro-
vided in that budget would be expended for im-
HR 4546 EAS
proved indirect fire capabilities for the Army;
and
(ii) the extent to which the expenditures in
that manner would improve indirect fire capa-
bilities for the Army.
(3) The requirement to submit an annual report under
paragraph (1) shall apply with respect to budgets for fiscal
years 2004, 2005, 2006, 2007, and 2008.
SEC. 215. LASER WELDING AND CUTTING DEMONSTRATION.
(a) AMOUNT FOR PROGRAM.—Of the total amount au-
thorized to be appropriated by section 201(2) for research,
development, test, and evaluation for the Navy, $6,000,000
shall be available for the laser welding and cutting dem-
onstration in force protection applied research (PE
0602123N).
(b) OFFSETTING REDUCTION.—Of the total amount
authorized to be appropriated by section 201(2) for re-
search, development, test, and evaluation for the Navy, the
amount available for laser welding and cutting demonstra-
tion in surface ship and submarine HM&E advanced tech-
nology (PE 0603508N) is hereby reduced by $6,000,000.
SEC. 216. ANALYSIS OF EMERGING THREATS.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS.—The amount authorized to be appropriated by sec-
tion 201(2) for research, development, test, and evaluation
HR 4546 EAS
for the Navy is hereby increased by $2,000,000 with the
amount of the increase to be allocated to Marine Corps Ad-
vanced Technology Demonstration (ATD) (PE 0603640M).
(b) AVAILABILITY.—(1) Of the amount authorized to
be appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $2,000,000 may be available for analysis of emerging
threats.
(2) The amount available under paragraph (1) for
analysis of emerging threats is in addition to any other
amounts available under this Act for analysis of emerging
threats.
(c) OFFSET.—The amount authorized to be appro-
priated by section 201(1) for research, development, test,
and evaluation for the Army is hereby reduced by
$2,000,000, with the amount of the reduction allocated as
follows:
(1) $1,000,000 may be allocated to Weapons and
Munitions Technology (PE 0602624A) and available
for countermobility systems.
(2) $1,000,000 may be allocated to Warfighter
Advanced Technology (PE 0603001A) and available
for Objective Force Warrior technologies.
HR 4546 EAS
SEC. 217. PROHIBITION ON TRANSFER OF MEDICAL FREE
ELECTRON LASER PROGRAM.
Notwithstanding any other provision of law, the Med-
ical Free Electron Laser Program (PE 0602227D8Z) may
not be transferred from the Department of Defense to the
National Institutes of Health, or to any other department
or agency of the Federal Government.
SEC. 218. DEMONSTRATION OF RENEWABLE ENERGY USE.
Of the amount authorized to be appropriated by sec-
tion 201(2), $2,500,000 shall be available for the demonstra-
tion of renewable energy use program within the program
element for the Navy energy program and not within the
program element for facilities improvement.
SEC. 219A. RADAR POWER TECHNOLOGY FOR THE ARMY.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS.—The amount authorized to be appropriated by sec-
tion 201(1) for the Department of Defense for research, de-
velopment, test, and evaluation for the Army is hereby in-
creased by $4,500,000, with the amount of the increase to
be allocated to Army missile defense systems integration
(DEM/VAL) (PE 0603308A).
(b) AVAILABILITY FOR RADAR POWER TECHNOLOGY.—
(1) Of the amount authorized to be appropriated by section
201(1) for the Department of Defense for research, develop-
ment, test, and evaluation for the Army, as increased by
HR 4546 EAS
subsection (a), $4,500,000 shall be available for radar power
technology.
(2) The amount available under paragraph (1) for
radar power technology is in addition to any other amounts
available under this Act for such technology.
(c) OFFSET.—The amount authorized to be appro-
priated by section 201(2) for research, development, test,
and evaluation for the Navy is hereby reduced by
$4,500,000, with the amount of the reduction to be allocated
to common picture advanced technology (PE 0603235N).
SEC. 219B. CRITICAL INFRASTRUCTURE PROTECTION.
(a) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated in section 201(4), $4,500,000 may
be available for critical infrastructure protection (PE
35190D8Z).
(b) OFFSET.—Of the amount authorized to be appro-
priated by section 201(2), the amount for power projection
advanced technology (PE 63114N) is hereby reduced by
$4,500,000.
SEC. 219C. THEATER AEROSPACE COMMAND AND CONTROL
SIMULATION FACILITY UPGRADES.
(a) AVAILABILITY OF FUNDS.—(1) The amount au-
thorized to be appropriated by section 201(3) for the Air
Force for wargaming and simulation centers (PE
0207605F) is increased by $2,500,000. The total amount
HR 4546 EAS
of the increase may be available for Theater Aerospace Com-
mand and Control Simulation Facility (TACCSF) up-
grades.
(2) The amount available under paragraph (1) for
Theater Aerospace Command and Control Simulation Fa-
cility upgrades is in addition to any other amounts avail-
able under this Act for such upgrades.
(b) OFFSET.—The amount authorized to be appro-
priated by section 201(2) for the Navy for Mine and Expe-
ditionary Warfare Applied Research (PE 0602782N) is re-
duced by $2,500,000.
SEC. 219D. DDG OPTIMIZED MANNING INITIATIVE.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS.—The amount authorized to be appropriated by sec-
tion 201(2) for research, development, test, and evaluation
for the Navy is hereby increased by $2,500,000, with the
amount of the increase to be allocated to surface combatant
combat system engineering (PE 0604307N).
(b) AVAILABILITY.—(1) Of the amount authorized to
be appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $2,500,000 may be available for the DDG optimized
manning initiative.
(2) The amount available under paragraph (1) for the
initiative referred to in that paragraph is in addition to
HR 4546 EAS
any other amounts available under this Act for that initia-
tive.
(c) OFFSET.—The amount authorized to be appro-
priated by section 201(1) for research, development, test,
and evaluation for artillery systems DEM/VAL (PE
0603854A), by $2,500,000.
SEC. 219E. AGROTERRORIST ATTACKS.
(a) AVAILABILITY.—(1) Of the amount authorized to
be appropriated by section 201(4) for research, development,
test, and evaluation, defense-wide, the amount available for
basic research for the Chemical and Biological Defense Pro-
gram (PE 0601384BP) is hereby increased by $1,000,000,
with the amount of such increase to be available for re-
search, analysis, and assessment of efforts to counter poten-
tial agroterrorist attacks.
(2) The amount available under paragraph (1) for re-
search, analysis, and assessment described in that para-
graph is in addition to any other amounts available in this
Act for such research, analysis, and assessment.
(b) OFFSET.—Of the amount authorized to be appro-
priated by section 201(4) for research, development, test,
and evaluation, Defense-wide, the amount available for bio-
logical terrorism and agroterrorism risk assessment and
prediction in the program element relating to the Chemical
HR 4546 EAS
and Biological Defense Program (PE 0603384BP) is hereby
reduced by $1,000,000.
SEC. 219F. VERY HIGH SPEED SUPPORT VESSEL FOR THE
ARMY.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS.—The amount authorized to be appropriated by sec-
tion 201(1) for research, development, test, and evaluation
for the Army is hereby increased by $5,500,000, with the
amount of the increase to be allocated to logistics and engi-
neering equipment–advanced development (PE 0603804A).
(b) AVAILABILITY.—(1) Of the amount authorized to
be appropriated by section 201(1) for research, development,
test, and evaluation for the Army, as increased by sub-
section (a), $5,500,000 may be available for development
of a prototype composite hull design to meet the theater sup-
port vessel requirement.
(2) The amount available under paragraph (1) for de-
velopment of the hull design referred to in that paragraph
is in addition to any other amounts available under this
Act for development of that hull design.
(c) OFFSET.—The amount authorized to be appro-
priated by section 201(2) for research, development, test,
and evaluation for the Navy is hereby decreased by
$5,500,000, with the amount of the decrease to be allocated
to submarine tactical warfare system (PE 0604562N) and
HR 4546 EAS
amounts available under that program element for up-
grades of combat control software to commercial architec-
ture.
SEC. 219G. FULL-SCALE HIGH-SPEED PERMANENT MAGNET
GENERATOR.
(a) INCREASE
IN AUTHORIZATION
OF APPROPRIA-
TIONS.—The amount authorized to be appropriated by sec-
tion 201(2) for research, development, test, and evaluation
for the Navy is hereby increased by $1,000,000, with the
amount of the increase to be allocated to Force Protection
Advanced Technology (PE 0603123N).
(b) AVAILABILITY.—(1) Of the amount authorized to
be appropriated by section 201(2) for research, development,
test, and evaluation for the Navy, as increased by subsection
(a), $1,000,000 may be available for development and dem-
onstration of a full-scale high-speed permanent magnet gen-
erator.
(2) The amount available under paragraph (1) for de-
velopment and demonstration of the generator described in
that paragraph is in addition to any other amounts avail-
able in this Act for development and demonstration of that
generator.
(c) OFFSET.—The amount authorized to be appro-
priated by section 201(1) for research, development, test,
and evaluation for the Army is hereby reduced by
HR 4546 EAS
$1,000,000, with the amount of the reduction to be allocated
to Artillery Systems–Dem/Val (PE 0603854A).
SEC. 219H. AVIATION-SHIPBOARD INFORMATION TECH-
NOLOGY INITIATIVE.
Of the amount authorized to be appropriated by sec-
tion 201(2) for shipboard aviation systems, up to
$8,200,000 may be used for the aviation-shipboard informa-
tion technology initiative.
SEC. 219I. AEROSPACE RELAY MIRROR SYSTEM (ARMS)
DEMONSTRATION.
Of the amount authorized to be appropriated by sec-
tion 201(3) for the Department of Defense for research, de-
velopment, test, and evaluation for the Air Force,
$6,000,000 may be available for the Aerospace Relay Mirror
System (ARMS) Demonstration.
SEC. 219J. LITTORAL SHIP PROGRAM.
(a) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated by section 201(2) for research and
development, test and evaluation, Navy, $4,000,000 may be
available for requirements development of a littoral ship in
Ship Concept Advanced Design (PE 0603563N).
(b) OFFSETTING REDUCTION.—Of the total amount
authorized to be appropriated by section 201(2) for research
and development, test and evaluation, Navy, the amount
available for FORCENET in Tactical Command System
HR 4546 EAS
(PE 0604231N), is hereby reduced by an additional
$4,000,000.
Subtitle C—Missile Defense
Programs
SEC. 221. ANNUAL OPERATIONAL ASSESSMENTS AND RE-
VIEWS OF BALLISTIC MISSILE DEFENSE PRO-
GRAM.
(a) ANNUAL
OPERATIONAL
ASSESSMENT.—(1)(A)
During the first quarter of each fiscal year, the Director
of Operational Test and Evaluation shall conduct an oper-
ational assessment of the missile defense programs listed in
paragraph (3).
(B) The annual assessment shall include—
(i) a detailed, quantitative evaluation of the po-
tential operational effectiveness, reliability, and suit-
ability of the system or systems under each program
as the program exists during the fiscal year of the as-
sessment;
(ii) an evaluation of the adequacy of testing
through the end of the previous fiscal year to measure
and predict the effectiveness of the systems; and
(iii) a determination of the threats, or type of
threats, against which the systems would be expected
to be effective and those against which the systems
would not be expected to be effective.
HR 4546 EAS
(C) The first assessment under this paragraph shall
be conducted during fiscal year 2003.
(2) Not later than January 15 of each year, the Direc-
tor of Operational Test and Evaluation shall submit to the
Secretary of Defense and the congressional defense commit-
tees a report on the assessment conducted during the pre-
ceding quarter-year. The report shall include the evaluation
of the potential of the system or systems together with a
discussion of the basis for the evaluation.
(3) The requirement for an annual operational assess-
ment under paragraph (1) shall apply to programs under
the United States Missile Defense Agency as follows:
(A) The Ground-based Midcourse Defense pro-
gram.
(B) The Sea-based Midcourse Defense program.
(C) The Theater High Altitude Area Defense
(THAAD) program.
(D) The Air-based Boost program (formerly
known as the Airborne Laser Defense program).
(b) ANNUAL REQUIREMENTS REVIEWS.—(1) During
the first quarter of each fiscal year, the Joint Requirements
Oversight Council established under section 181 of title 10,
United States Code, shall review the cost, schedule, and per-
formance criteria for the missile defense programs under
the United States Missile Defense Agency and assess the va-
HR 4546 EAS
lidity of the criteria in relation to military requirements.
The first review shall be carried out in fiscal year 2003.
(2) Not later than January 15 of each year, the Chair-
man of the Joint Requirements Oversight Council shall sub-
mit to the Secretary of Defense and the congressional de-
fense committees a report on the results of the review carried
out under paragraph (1) during the preceding quarter-year.
SEC. 222. REPORT ON MIDCOURSE DEFENSE PROGRAM.
(a) REQUIREMENT FOR REPORT.—Not later than Jan-
uary 15, 2003, the Secretary of Defense shall submit to the
congressional defense committees a report on the Midcourse
Defense program of the United States Missile Defense Agen-
cy. The report shall include the following information:
(1) The development schedule, together with an
estimate of the annual costs through the completion of
development.
(2) The planned procurement schedule, together
with the Secretary’s best estimates of the annual costs
of, and number of units to be procured under, the
program through the completion of the procurement.
(3) The current program acquisition unit cost
and the history of acquisition unit costs from the date
the program (including its antecedent program) was
first included in a Selected Acquisition Report under
section 2432 of title 10, United States Code.
HR 4546 EAS
(4) The current procurement unit cost, and the
history of procurement unit costs from the date the
program (including any antecedent program) was
first included in a Selected Acquisition Report under
such section 2432.
(5) The reasons for any changes in program ac-
quisition cost, program acquisition unit cost, procure-
ment cost, or procurement unit cost, and the reasons
for any changes in program schedule.
(6) The major contracts under the program and
the reasons for any changes in cost or schedule
variances under the contracts.
(7) The Test and Evaluation Master Plan devel-
oped for the program in accordance with the require-
ments and guidance of Department of Defense regula-
tion 5000.2–R.
(b) SEGREGATION
OF
GROUND-BASED
AND
SEA-
BASED EFFORTS.—The report under subsection (a) shall
separately display the schedules, cost estimates, cost his-
tories, contracts, and test plans for—
(1) the National Missile Defense/Ground-based
Midcourse Defense program; and
(2) the Navy TheaterWide/Sea-based Midcourse
Defense program.
HR 4546 EAS
SEC. 223. REPORT ON AIR-BASED BOOST PROGRAM.
Not later than January 15, 2003, the Secretary of De-
fense shall submit to the congressional defense committees
a report on the Air-based Boost program (formerly known
as the Airborne Laser program). The report shall contain
the following information:
(1) The development schedule together with the
estimated annual costs of the program through the
completion of development.
(2) The planned procurement schedule, together
with the Secretary’s best estimates of the annual costs
of, and number of units to be procured under, the
program through the completion of the procurement.
(3) The current program acquisition unit cost,
and the history of program acquisition unit costs
from the date the program (including any antecedent
program) was first included in a Selected Acquisition
Report under section 2432 of title 10, United States
Code.
(4) The current procurement unit cost, and the
history of procurement unit costs from the date the
program (including any antecedent program) was
first included in a Selected Acquisition Report under
such section 2432.
(5) The reasons for any changes in program ac-
quisition cost, program acquisition unit cost, procure-
HR 4546 EAS
ment cost, or procurement unit cost, and the reasons
for any changes in program schedule.
(6) The major contracts under the program and
the reasons for any changes in cost or schedule
variances under the contracts.
(7) The Test and Evaluation Master Plan devel-
oped for the program in accordance with the require-
ments and guidance of Department of Defense regula-
tion 5000.2–R.
SEC. 224. REPORT ON THEATER HIGH ALTITUDE AREA DE-
FENSE PROGRAM.
(a) REQUIREMENT FOR REPORT.—Not later than Jan-
uary 15, 2003, the Secretary of Defense shall submit to the
congressional defense committees a report on the Theater
High Altitude Area Defense program. The report shall con-
tain the following information:
(1) The development schedule together with the
estimated annual costs of the program through the
completion of development.
(2) The planned procurement schedule, together
with the Secretary’s best estimates of the annual costs
of, and number of units to be procured under, the
program through the completion of the procurement.
(3) The current program acquisition unit cost
and the history of program acquisition unit costs
HR 4546 EAS
from the date the program (including any antecedent
program) was first included in a Selected Acquisition
Report under section 2432 of title 10, United States
Code.
(4) The current procurement unit cost, and the
history of procurement unit costs from the date the
program (including any antecedent program) was
first included in a Selected Acquisition Report under
such section 2432.
(5) The reasons for any changes in program ac-
quisition cost, program acquisition unit cost, procure-
ment cost, or procurement unit cost, and the reasons
for any changes in program schedule.
(6) The major contracts under the program and
the reasons for any changes in cost or schedule
variances under the contracts.
(7) The Test and Evaluation Master Plan devel-
oped for the program in accordance with the require-
ments and guidance of Department of Defense regula-
tion 5000.2–R.
(b) FUNDING LIMITATION.—Not more than 50 percent
of the amount authorized to be appropriated by this Act
for the United States Missile Defense Agency for the Theater
High Altitude Area Defense program may be expended until
the submission of the report required under subsection (a).
HR 4546 EAS
SEC. 225. REFERENCES TO NEW NAME FOR BALLISTIC MIS-
SILE DEFENSE ORGANIZATION.
(a) CONFORMING AMENDMENTS.—The following provi-
sions of law are amended by striking ‘‘Ballistic Missile De-
fense Organization’’ each place it appears and inserting
‘‘United States Missile Defense Agency’’:
(1) Sections 223 and 224 of title 10, United
States Code.
(2) Sections 232, 233, and 235 of the National
Defense Authorization Act for Fiscal Year 2002 (Pub-
lic Law 107–107).
(b) OTHER REFERENCES.—Any reference to the Bal-
listic Missile Defense Organization in any other provision
of law or in any regulation, map, document, record, or
other paper of the United States shall be considered to be
a reference to the United States Missile Defense Agency.
SEC. 226. LIMITATION ON USE OF FUNDS FOR NUCLEAR
ARMED INTERCEPTORS.
None of the funds authorized to be appropriated by this
or any other Act may be used for research, development,
test, evaluation, procurement, or deployment of nuclear
armed interceptors of a missile defense system.
HR 4546 EAS
SEC. 227. REPORTS ON FLIGHT TESTING OF GROUND-
BASED MIDCOURSE NATIONAL MISSILE DE-
FENSE SYSTEM.
(a) REQUIREMENT.—The Director of the United States
Missile Defense Agency shall submit to the congressional de-
fense committees a report on each flight test of the Ground-
based Midcourse national missile defense system. The report
shall be submitted not later than 120 days after the date
of the test.
(b) CONTENT.—A report on a flight test under sub-
section (a) shall include the following matters:
(1) A thorough discussion of the content and ob-
jectives of the test.
(2) For each test objective, a statement regarding
whether the objective was achieved.
(3) For any test objective not achieved—
(A) a thorough discussion describing the
reasons for not achieving the objective; and
(B) a discussion of any plans for future
tests to achieve the objective.
(c) FORMAT.—The reports required under subsection
(a) shall be submitted in classified and unclassified form.
HR 4546 EAS
Subtitle D—Improved Management
of Department of Defense Test
and Evaluation Facilities
SEC. 231. DEPARTMENT OF DEFENSE TEST AND EVALUA-
TION RESOURCE ENTERPRISE.
(a) ESTABLISHMENT.—Section 139 of title 10, United
States Code, is amended by adding at the end the following
new subsection:
‘‘(k)(1) There is a Test and Evaluation Resource En-
terprise within the Department of Defense. The head of the
Test and Evaluation Resource Enterprise shall report to the
Director of Operational Test and Evaluation.
‘‘(2)(A) The head of the Test and Evaluation Resource
Enterprise shall manage all funds available to the Depart-
ment of Defense for the support of investment in, operation
and maintenance of, development of, and management of
the test and evaluation facilities and resources of the Major
Range and Test Facility Base. All such funds shall be trans-
ferred to and placed under the control of the head of the
Department of Defense Test and Evaluation Resource En-
terprise.
‘‘(B) Subparagraph (A) shall not be construed to au-
thorize the head of the Test and Evaluation Enterprise, nor
to impair the authority of the Secretary of a military de-
partment, to manage the funds available to that military
HR 4546 EAS
department for the support of investment in, operation and
maintenance of, development of, and management of the
training facilities and resources of the Major Range and
Test Facility Base.
‘‘(3) The head of the Test and Evaluation Resource
Enterprise shall—
‘‘(A) ensure that the planning for and execution
of the testing of a system within the Major Range and
Test Facility Base is performed by the activity of a
military department that is responsible for the test-
ing;
‘‘(B) ensure that the military department oper-
ating a facility or resource within the Major Range
and Test Facility Base charges an organization using
the facility or resource for testing only the incre-
mental cost of the operation of the facility or resource
that is attributable to the testing;
‘‘(C) ensure that the military department oper-
ating a facility or resource within the Major Range
and Test Facility Base comprehensively and consist-
ently applies sound enterprise management practices
in the management of the facility or resource;
‘‘(D) make investments that are prudent for en-
suring that Department of Defense test and evalua-
tion facilities and resources are adequate to meet the
HR 4546 EAS
current and future testing requirements of Depart-
ment of Defense programs;
‘‘(E) ensure that there is in place a simplified fi-
nancial management and accounting system for De-
partment of Defense test and evaluation facilities and
resources and that the system is uniformly applied to
the operation of such facilities and resources through-
out the Department; and
‘‘(F) ensure that unnecessary costs of owning
and operating Department of Defense test and evalua-
tion resources are not incurred.
‘‘(4) In this section, the term ‘Major Range and Test
Facility Base’ means the test and evaluation facilities and
resources that are designated by the Director of Operational
Test and Evaluation as facilities and resources comprising
the Major Range and Test Facility Base.’’.
(b) EFFECTIVE DATE
AND TRANSITION REQUIRE-
MENTS.—(1) The amendment made by paragraph (1) shall
take effect one year after the date of the enactment of this
Act.
(2)(A) The Secretary of Defense shall develop a transi-
tion plan to ensure that the head of the Test and Evaluation
Resource Enterprise is prepared to assume the responsibil-
ities under subsection (k) of section 139 of title 10, United
HR 4546 EAS
States Code (as added by subsection (a)), on the effective
date provided in paragraph (1).
(B) Until the Test and Evaluation Resource Enter-
prise has been established, all investments of $500,000 or
more in the Major Range and Test Facility Base of the De-
partment of Defense shall be subject to the approval of the
Director of Operational Test and Evaluation.
(C) In this paragraph, the term ‘‘Major Range and
Test Facility Base’’ has the meaning given that term in
section 139(k)(4) of title 10, United States Code, as added
by subsection (a).
SEC. 232. TRANSFER OF TESTING FUNDS FROM PROGRAM
ACCOUNTS TO INFRASTRUCTURE ACCOUNTS.
(a) TRANSFER
OF
FUNDS.—Notwithstanding any
other provision of this Act, amounts authorized to be appro-
priated by this title for demonstration and validation, engi-
neering and manufacturing development, and operational
systems development shall be transferred to the major test
and evaluation investment programs of the military depart-
ments and to the Central Test and Evaluation Investment
Program of the Department of Defense, as follows:
(1) For transfer to the major test and evaluation
investment program of the Army, the amount equal to
0.625 percent of the total amount authorized to be ap-
propriated by this title for the Army for demonstra-
HR 4546 EAS
tion and validation, engineering and manufacturing
development, and operational systems development.
(2) For transfer to the major test and evaluation
investment program of the Navy, the amount equal to
0.625 percent of the total amount authorized to be ap-
propriated by this title for the Navy for demonstra-
tion and validation, engineering and manufacturing
development, and operational systems development.
(3) For transfer to the major test and evaluation
investment program of the Air Force, the amount
equal to 0.625 percent of the total amount authorized
to be appropriated by this title for the Air Force for
demonstration and validation, engineering and man-
ufacturing development, and operational systems de-
velopment.
(4) For transfer to the Central Test and Evalua-
tion Investment Program of the Department of De-
fense, the amount equal to 0.625 percent of the total
amount authorized to be appropriated by this title for
Defense-wide demonstration and validation, engineer-
ing and manufacturing development, and operational
systems development.
(b) INSTITUTIONAL FUNDING OF TEST AND EVALUA-
TION FACILITIES.—(1)(A) Chapter 433 of title 10, United
States Code, is amended by inserting after the table of sec-
HR 4546 EAS
tions at the beginning of such chapter the following new
section:
‘‘§ 4531. Test and evaluation: use of facilities
‘‘(a) CHARGES FOR USE.—The Secretary of the Army
may charge an entity for using a facility or resource of
the Army within the Major Range and Test Facility Base
for testing. The amount charged may not exceed the incre-
mental cost to the Army of the use of the facility or resource
by that user for the testing.
‘‘(b) INSTITUTIONAL AND OVERHEAD COSTS.—The in-
stitutional and overhead costs of a facility or resource of
the Army that is within the Major Range and Test Facility
Base shall be paid out of the major test and evaluation in-
vestment accounts of the Army, the Central Test and Eval-
uation Investment Program of the Department of Defense,
and other appropriate appropriations made directly to the
Army.
‘‘(c) MAJOR RANGE AND TEST FACILITY BASE DE-
FINED.—In this section:
‘‘(1) The term ‘Major Range and Test Facility
Base’ has the meaning given the term in section
139(k)(4) of this title.
‘‘(2) The term ‘institutional and overhead costs’,
with respect to a facility or resource within the Major
Range Test and Facility Base—
HR 4546 EAS
‘‘(A) means the costs of maintaining, oper-
ating, upgrading, and modernizing the facility
or resource; and
‘‘(B) does not include an incremental cost of
operating the facility or resource that is attrib-
utable to the use of the facility or resource for
testing under a particular program.’’.
(B) The table of section at the beginning of such chap-
ter is amended by inserting before the item relating to sec-
tion 7522 the following new item:
‘‘4531. Test and evaluation: use of facilities.’’.
(2)(A) Chapter 645 of title 10, United States Code, is
amended by inserting after the table of sections at the begin-
ning of such chapter the following new section:
‘‘§ 7521. Test and evaluation: use of facilities
‘‘(a) CHARGES FOR USE.—The Secretary of the Navy
may charge an entity for using a facility or resource of
the Navy within the Major Range and Test Facility Base
for testing. The amount charged may not exceed the incre-
mental cost to the Navy of the use of the facility or resource
by that user for the testing.
‘‘(b) INSTITUTIONAL AND OVERHEAD COSTS.—The in-
stitutional and overhead costs of a facility or resource of
the Navy that is within the Major Range and Test Facility
Base shall be paid out of the major test and evaluation in-
vestment accounts of the Navy, the Central Test and Eval-
HR 4546 EAS
uation Investment Program of the Department of Defense,
and other appropriate appropriations made directly to the
Navy.
‘‘(c) MAJOR RANGE AND TEST FACILITY BASE DE-
FINED.—In this section:
‘‘(1) The term ‘Major Range and Test Facility
Base’ has the meaning given the term in section
139(k)(4) of this title.
‘‘(2) The term ‘institutional and overhead costs’,
with respect to a facility or resource within the Major
Range Test and Facility Base—
‘‘(A) means the costs of maintaining, oper-
ating, upgrading, and modernizing the facility
or resource; and
‘‘(B) does not include an incremental cost of
operating the facility or resource that is attrib-
utable to the use of the facility or resource for
testing under a particular program.’’.
(B) The table of section at the beginning of such chap-
ter is amended by inserting before the item relating to sec-
tion 7522 the following new item:
‘‘7521. Test and evaluation: use of facilities.’’.
(3)(A) Chapter 933 of title 10, United States Code, is
amended by inserting after the table of sections at the begin-
ning of such chapter the following new section:
HR 4546 EAS
‘‘§ 9531. Test and evaluation: use of facilities
‘‘(a) CHARGES FOR USE.—The Secretary of the Air
Force may charge an entity for using a facility or resource
of the Air Force within the Major Range and Test Facility
Base for testing. The amount charged may not exceed the
incremental cost to the Air Force of the use of the facility
or resource by that user for the testing.
‘‘(b) INSTITUTIONAL AND OVERHEAD COSTS.—The in-
stitutional and overhead costs of a facility or resource of
the Air Force that is within the Major Range and Test Fa-
cility Base shall be paid out of the major test and evalua-
tion investment accounts of the Air Force, the Central Test
and Evaluation Investment Program of the Department of
Defense, and other appropriate appropriations made di-
rectly to the Air Force.
‘‘(c) MAJOR RANGE AND TEST FACILITY BASE DE-
FINED.—In this section:
‘‘(1) The term ‘Major Range and Test Facility
Base’ has the meaning given the term in section
139(k)(4) of this title.
‘‘(2) The term ‘institutional and overhead costs’,
with respect to a facility or resource within the Major
Range Test and Facility Base—
‘‘(A) means the costs of maintaining, oper-
ating, upgrading, and modernizing the facility
or resource; and
HR 4546 EAS
‘‘(B) does not include an incremental cost of
operating the facility or resource that is attrib-
utable to the use of the facility or resource for
testing under a particular program.’’.
(B) The table of section at the beginning of such chap-
ter is amended by inserting before the item relating to sec-
tion 9532 the following new item:
‘‘9531. Test and evaluation: use of facilities.’’.
(4) Not later than 30 days after the date of the enact-
ment of this Act, the Under Secretary of Defense (Comp-
troller) shall review the funding policies of each military
department to ensure that the Secretary of the military de-
partment has in place the policies necessary to comply with
the Secretary’s responsibilities under section 4531, 7521, or
9531 of title 10, United States Code (as added by this sub-
section), as the case may be. The Under Secretary shall con-
sult with the Director of Operational Test and Evaluation
in carrying out the review.
SEC. 233. INCREASED INVESTMENT IN TEST AND EVALUA-
TION FACILITIES.
(a) AMOUNT.—Of the amount authorized to be appro-
priated under section 201(4), $251,276,000 shall be avail-
able for the Central Test and Evaluation Investment Pro-
gram of the Department of Defense.
(b) ADDITIONAL AVAILABLE FUNDING.—In addition to
the amount made available under subsection (a), amounts
HR 4546 EAS
transferred pursuant to section 232(a)(4) shall be available
for the Central Test and Evaluation Investment Program
of the Department of Defense.
SEC. 234. UNIFORM FINANCIAL MANAGEMENT SYSTEM FOR
DEPARTMENT OF DEFENSE TEST AND EVAL-
UATION FACILITIES.
(a) REQUIREMENT FOR SYSTEM.—Not later than two
years after the date of the enactment of this Act, the Sec-
retary of Defense shall implement a single financial man-
agement and accounting system for all test and evaluation
facilities of the Department of Defense.
(b) SYSTEM FEATURES.—The financial management
and accounting system shall be designed to achieve, at a
minimum, the following functional objectives:
(1) Enable managers within the Department of
Defense to compare the costs of conducting test and
evaluation activities in the various facilities of the
military departments.
(2) Enable the Secretary of Defense—
(A) to make prudent investment decisions;
and
(B) to reduce the extent to which unneces-
sary costs of owning and operating Department
of Defense test and evaluation facilities are in-
curred.
HR 4546 EAS
(3) Enable the Department of Defense to track
the total cost of test and evaluation activities.
(4) Comply with the financial management en-
terprise architecture developed by the Secretary of De-
fense under section 1006.
SEC. 235. TEST AND EVALUATION WORKFORCE IMPROVE-
MENTS.
(a) REPORT ON CAPABILITIES.—Not later than March
15, 2003, the Under Secretary of Defense for Acquisition,
Technology, and Logistics shall submit to Congress a report
on the capabilities of the test and evaluation workforce of
the Department of Defense. The Under Secretary shall con-
sult with the Under Secretary of Defense for Personnel and
Readiness and the Director of Operational Test and Eval-
uation in preparing the report.
(b) REQUIREMENT FOR PLAN.—(1) The report shall
contain a plan for taking the actions necessary to ensure
that the test and evaluation workforce of the Department
of Defense is of sufficient size and has the expertise nec-
essary to timely and accurately identify issues of military
suitability and effectiveness of Department of Defense sys-
tems through testing of the systems.
(2) The plan shall set forth objectives for the size, com-
position, and qualifications of the workforce, and shall
HR 4546 EAS
specify the actions (including recruitment, retention, and
training) and milestones for achieving the objectives.
(c) ADDITIONAL MATTERS.—The report shall also in-
clude the following matters:
(1) An assessment of the changing size and de-
mographics of the test and evaluation workforce, in-
cluding the impact of anticipated retirements among
the most experienced personnel over the five-year pe-
riod beginning with 2003, together with a discussion
of the management actions necessary to address the
changes.
(2) An assessment of the anticipated workloads
and responsibilities of the test and evaluation work-
force over the ten-year period beginning with 2003,
together with the number and qualifications of mili-
tary and civilian personnel necessary to carry out
such workloads and responsibilities.
(3) The Secretary’s specific plans for using the
demonstration authority provided in section 4308 of
the National Defense Authorization Act for Fiscal
Year 1996 (Public Law 104–106; 10 U.S.C. 1701
note) and other special personnel management au-
thorities of the Secretary to attract and retain quali-
fied personnel in the test and evaluation workforce.
HR 4546 EAS
(4) Any recommended legislation or additional
special authority that the Secretary considers appro-
priate for facilitating the recruitment and retention
of qualified personnel for the test and evaluation
workforce.
(5) Any other matters that are relevant to the ca-
pabilities of the test and evaluation workforce.
SEC. 236. COMPLIANCE WITH TESTING REQUIREMENTS.
(a) ANNUAL OT&E REPORT.—Subsection (g) of section
139 of title 10, United States Code, is amended by inserting
after the fourth sentence the following: ‘‘The report for a
fiscal year shall also include an assessment of the waivers
of and deviations from requirements in test and evaluation
master plans and other testing requirements that occurred
during the fiscal year, any concerns raised by the waivers
or deviations, and the actions that have been taken or are
planned to be taken to address the concerns.’’.
(b) REORGANIZATION OF PROVISION.—Subsection (g)
of such section, as amended by subsection (a), is further
amended—
(1) by inserting ‘‘(1)’’ after ‘‘(g)’’;
(2) by designating the second sentence as para-
graph (2);
(3) by designating the third sentence as para-
graph (3);
HR 4546 EAS
(4) by designating the matter consisting of the
fourth and fifth sentences as paragraph (4);
(5) by designating the sixth sentence as para-
graph (5); and
(6) by realigning paragraphs (2), (3), (4), and
(5), as so designated, two ems from the left margin.
SEC. 237. REPORT ON IMPLEMENTATION OF DEFENSE
SCIENCE BOARD RECOMMENDATIONS.
(a) REQUIREMENT.—Not later than March 1, 2003, the
Secretary of Defense shall submit to the congressional de-
fense committees a report on the extent of the implementa-
tion of the recommendations set forth in the December 2000
Report of the Defense Science Board Task Force on Test
and Evaluation Capabilities.
(b) CONTENT.—The report shall include the following:
(1) For each recommendation that is being im-
plemented or that the Secretary plans to implement—
(A) a summary of all actions that have been
taken to implement the recommendation; and
(B) a schedule, with specific milestones, for
completing the implementation of the rec-
ommendation.
(2) For each recommendation that the Secretary
does not plan to implement—
HR 4546 EAS
(A) the reasons for the decision not to im-
plement the recommendation; and
(B) a summary of any alternative actions
the Secretary plans to take to address the pur-
poses underlying the recommendation.
(3) A summary of any additional actions the
Secretary plans to take to address concerns raised in
the December 2000 Report of the Defense Science
Board Task Force on Test and Evaluation Capabili-
ties about the state of the test and evaluation infra-
structure of the Department of Defense.
Subtitle E—Other Matters
SEC. 241. PILOT PROGRAMS FOR REVITALIZING DEPART-
MENT OF DEFENSE LABORATORIES.
(a) ADDITIONAL PILOT PROGRAM.—(1) The Secretary
of Defense may carry out a pilot program to demonstrate
improved efficiency in the performance of research, develop-
ment, test, and evaluation functions of the Department of
Defense.
(2) Under the pilot program, the Secretary of Defense
shall provide the director of one science and technology lab-
oratory, and the director of one test and evaluation labora-
tory, of each military department with authority for the
following:
HR 4546 EAS
(A) To use innovative methods of personnel man-
agement appropriate for ensuring that the selected
laboratories can—
(i) employ and retain a workforce appro-
priately balanced between permanent and tem-
porary personnel and among workers with ap-
propriate levels of skills and experience; and
(ii) effectively shape workforces to ensure
that the workforces have the necessary sets of
skills and experience to fulfill their organiza-
tional missions.
(B) To develop or expand innovative methods of
entering into and expanding cooperative relationships
and arrangements with private sector organizations,
educational institutions (including primary and sec-
ondary schools), and State and local governments to
facilitate the training of a future scientific and tech-
nical workforce that will contribute significantly to
the accomplishment of organizational missions.
(C) To develop or expand innovative methods of
establishing cooperative relationships and arrange-
ments with private sector organizations and edu-
cational institutions to promote the establishment of
the technological industrial base in areas critical for
Department of Defense technological requirements.
HR 4546 EAS
(D) To waive any restrictions not required by
law that apply to the demonstration and implementa-
tion of methods for achieving the objectives set forth
in subparagraphs (A), (B), and (C).
(3) The Secretary may carry out the pilot program
under this subsection at each selected laboratory for a pe-
riod of three years beginning not later than March 1, 2003.
(b) RELATIONSHIP TO FISCAL YEARS 1999 AND 2000
REVITALIZATION PILOT PROGRAMS.—The pilot program
under this section is in addition to, but may be carried
out in conjunction with, the fiscal years 1999 and 2000
revitalization pilot programs.
(c) REPORTS.—(1) Not later than January 1, 2003,
the Secretary shall submit to Congress a report on the expe-
rience under the fiscal years 1999 and 2000 revitalization
pilot programs in exercising the authorities provided for the
administration of those programs. The report shall include
a description of—
(A) barriers to the exercise of the authorities that
have been encountered;
(B) the proposed solutions for overcoming the
barriers; and
(C) the progress made in overcoming the bar-
riers.
HR 4546 EAS
(2) Not later than September 1, 2003, the Secretary
of Defense shall submit to Congress a report on the imple-
mentation of the pilot program under subsection (a) and
the fiscal years 1999 and 2000 revitalization pilot pro-
grams. The report shall include, for each such pilot pro-
gram, the following:
(A) Each laboratory selected for the pilot pro-
gram.
(B) To the extent practicable, a description of
the innovative methods that are to be tested at each
laboratory.
(C) The criteria to be used for measuring the
success of each method to be tested.
(3) Not later than 90 days after the expiration of the
period for the participation of a laboratory in a pilot pro-
gram referred to in paragraph (2), the Secretary of Defense
shall submit to Congress a final report on the participation
of that laboratory in the pilot program. The report shall
include the following:
(A) A description of the methods tested.
(B) The results of the testing.
(C) The lessons learned.
(D) Any proposal for legislation that the Sec-
retary recommends on the basis of the experience at
that laboratory under the pilot program.
HR 4546 EAS
(d) EXTENSION OF AUTHORITY FOR OTHER REVITAL-
IZATION PILOT PROGRAMS.—(1) Section 246(a)(4) of the
Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (Public Law 105–261; 112 Stat. 1956;
10 U.S.C. 2358 note) is amended by striking ‘‘a period of
three years’’ and inserting ‘‘up to six years’’.
(2) Section 245(a)(4) of the National Defense Author-
ization Act for Fiscal Year 2000 (Public Law 106–65; 113
Stat. 553; 10 U.S.C. 2358 note) is amended by striking ‘‘a
period of three years’’ and inserting ‘‘up to five years’’.
(e) PARTNERSHIPS UNDER PILOT PROGRAM.—(1) The
Secretary of Defense may authorize one or more laboratories
and test centers participating in the pilot program under
subsection (a) or in one of the fiscal years 1999 and 2000
revitalization pilot programs to enter into a cooperative ar-
rangement (in this subsection referred to as a ‘‘public-pri-
vate partnership’’) with entities in the private sector and
institutions of higher education for the performance of work.
(2) A competitive process shall be used for the selection
of entities outside the Government to participate in a pub-
lic-private partnership.
(3)(A) Not more than one public-private partnership
may be established as a limited liability corporation.
(B) An entity participating in a limited liability cor-
poration as a party to a public-private partnership under
HR 4546 EAS
the pilot program may contribute funds to the corporation,
accept contribution of funds for the corporation, and pro-
vide materials, services, and use of facilities for research,
technology, and infrastructure of the corporation, if it is
determined under regulations prescribed by the Secretary
of Defense that doing so will improve the efficiency of the
performance of research, test, and evaluation functions of
the Department of Defense.
(f) EXCEPTED SERVICE UNDER PILOT PROGRAM.—(1)
To facilitate recruitment of experts in science and engineer-
ing to improve the performance of research, test, and eval-
uation functions of the Department of Defense, the Sec-
retary of Defense may—
(A) designate a total of not more than 30 sci-
entific, engineering, and technology positions at the
laboratories and test centers participating in the pilot
program under subsection (a) or in any of the fiscal
years 1999 and 2000 revitalization pilot programs as
positions in the excepted service (as defined in section
2103(a) of title 5, United States Code);
(B) appoint individuals to such positions; and
(C) fix the compensation of such individuals.
(2) The maximum rate of basic pay for a position in
the excepted service pursuant to a designation made under
paragraph (1) may not exceed the maximum rate of basic
HR 4546 EAS
pay authorized for senior-level positions under section 5376
of title 5, United States Code, notwithstanding any provi-
sion of such title governing the rates of pay or classification
of employees in the executive branch.
(g) FISCAL YEARS 1999 AND 2000 REVITALIZATION
PILOT PROGRAMS DEFINED.—In this section, the term ‘‘fis-
cal years 1999 and 2000 revitalization pilot programs’’
means the pilot programs authorized by—
(1) section 246 of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Pub-
lic Law 105–261; 112 Stat. 1955; 10 U.S.C. 2358
note); and
(2) section 245 of the National Defense Author-
ization Act for Fiscal Year 2000 (Public Law 106–
65; 113 Stat. 552; 10 U.S.C. 2358 note).
SEC. 242. TECHNOLOGY TRANSITION INITIATIVE.
(a) ESTABLISHMENT AND CONDUCT.—(1) Chapter 139
of title 10, United States Code, is amended by inserting
after section 2359 the following new section:
‘‘§ 2359a. Technology Transition Initiative
‘‘(a) REQUIREMENT FOR PROGRAM.—The Secretary of
Defense shall carry out a Technology Transition Initiative
to facilitate the rapid transition of new technologies from
science and technology programs of the Department of De-
HR 4546 EAS
fense into acquisition programs for the production of the
technologies.
‘‘(b) OBJECTIVES.—The objectives of the Initiative are
as follows:
‘‘(1) To accelerate the introduction of new tech-
nologies into Department of Defense acquisition pro-
grams appropriate for the technologies.
‘‘(2) To successfully demonstrate new technologies
in relevant environments.
‘‘(3) To ensure that new technologies are suffi-
ciently mature for production.
‘‘(c) MANAGEMENT.—(1) The Secretary of Defense
shall designate a senior official in the Office of the Secretary
of Defense to manage the Initiative.
‘‘(2) In administering the Initiative, the Initiative
Manager shall—
‘‘(A) report directly to the Under Secretary of
Defense for Acquisition, Technology, and Logistics;
and
‘‘(B) obtain advice and other assistance from the
Technology Transition Council established under sub-
section (e).
‘‘(3) The Initiative Manager shall—
‘‘(A) in consultation with the Technology Transi-
tion Council established under subsection (e), identify
HR 4546 EAS
promising technologies that have been demonstrated
in science and technology programs of the Depart-
ment of Defense;
‘‘(B) develop a list of those technologies that have
promising potential for transition into acquisition
programs of the Department of Defense and transmit
the list to the acquisition executive of each military
department and to Congress;
‘‘(C) identify potential sponsors in the Depart-
ment of Defense to undertake the transition of such
technologies into production;
‘‘(D) work with the science and technology com-
munity and the acquisition community to develop
memoranda of agreement, joint funding agreements,
and other cooperative arrangements to provide for the
transition of the technologies into production; and
‘‘(E) provide funding support for selected
projects under subsection (d).
‘‘(d) JOINTLY FUNDED PROJECTS.—(1) The acquisi-
tion executive of each military department shall select tech-
nology projects of the military department to recommend
for funding support under the Initiative and shall submit
a list of the recommended projects, ranked in order of pri-
ority, to the Initiative Manager. The projects shall be se-
lected, in a competitive process, on the basis of the highest
HR 4546 EAS
potential benefits in areas of interest identified by the Sec-
retary of that military department.
‘‘(2) The Initiative Manager, in consultation with the
Technology Transition Council established under subsection
(e), shall select projects for funding support from among
the projects on the lists submitted under paragraph (1). The
Initiative Manager shall provide funds for each selected
project. The total amount provided for a project shall be
determined by agreement between the Initiative Manager
and the acquisition executive of the military department
concerned, but shall not be less than the amount equal to
50 percent of the total cost of the project.
‘‘(3) The Initiative Manager shall not fund any one
project under this subsection for more than 3 years.
‘‘(4) The acquisition executive of the military depart-
ment shall manage each project selected under paragraph
(2) that is undertaken by the military department. Memo-
randa of agreement, joint funding agreements, and other
cooperative arrangements between the science and tech-
nology community and the acquisition community shall be
used in carrying out the project if the acquisition executive
determines that it is appropriate to do so to achieve the
objectives of the project.
HR 4546 EAS
‘‘(e) TECHNOLOGY TRANSITION COUNCIL.—(1) There
is a Technology Transition Council in the Department of
Defense. The Council is composed of the following members:
‘‘(A) The science and technology executives of the
military departments and Defense Agencies.
‘‘(B) The acquisition executives of the military
departments.
‘‘(C) The members of the Joint Requirements
Oversight Council.
‘‘(2) The Technology Transition Council shall provide
advice and assistance to the Initiative Manager under this
section.
‘‘(f) DEFINITIONS.—In this section:
‘‘(1) The term ‘acquisition executive’, with re-
spect to a military department, means the official
designated as the senior procurement executive for
that military department under section 16(3) of the
Office of Federal Procurement Policy Act (41 U.S.C.
414(3)).
‘‘(2) The term ‘Initiative’ means the Technology
Transition Initiative carried out under this section.
‘‘(3) The term ‘Initiative Manager’ means the of-
ficial designated to manage the Initiative under sub-
section (c).’’.
HR 4546 EAS
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2395 the following new item:
‘‘2359a. Technology Transition Initiative.’’.
(b) AUTHORIZATION
OF APPROPRIATIONS.—Of the
amount authorized to be appropriated under section 201(4),
$50,000,000 shall be available for the Technology Transi-
tion Initiative under section 2359a of title 10, United
States Code (as added by subsection (a)), and for other tech-
nology transition activities of the Department of Defense.
SEC. 243. ENCOURAGEMENT OF SMALL BUSINESSES AND
NONTRADITIONAL DEFENSE CONTRACTORS
TO SUBMIT PROPOSALS POTENTIALLY BENE-
FICIAL FOR COMBATING TERRORISM.
(a) ESTABLISHMENT OF OUTREACH PROGRAM.—Dur-
ing the 3-year period beginning on the date of the enact-
ment of this Act, the Secretary of Defense shall carry out
a program of outreach to small businesses and nontradi-
tional defense contractors for the purpose set forth in sub-
section (b).
(b) PURPOSE.—The purpose of the outreach program
is to provide a process for reviewing and evaluating re-
search activities of, and new technologies being developed
by, small businesses and nontraditional defense contractors
that have the potential for meeting a defense requirement
or technology development goal of the Department of De-
HR 4546 EAS
fense that relates to the mission of the Department of De-
fense to combat terrorism.
(c) GOALS.—The goals of the outreach program are as
follows:
(1) To increase efforts within the Department of
Defense to survey and identify technologies being de-
veloped outside the Department that have the poten-
tial described in subsection (b).
(2) To provide the Under Secretary of Defense
for Acquisition, Technology, and Logistics with a
source of expert advice on new technologies for com-
bating terrorism.
(3) To increase efforts to educate nontraditional
defense contractors on Department of Defense acquisi-
tion processes, including regulations, procedures,
funding opportunities, military needs and require-
ments, and technology transfer so as to encourage
such contractors to submit proposals regarding re-
search activities and technologies described in sub-
section (b).
(4) To increase efforts to provide timely response
by the Department of Defense to acquisition proposals
(including unsolicited proposals) submitted to the De-
partment by small businesses and by nontraditional
defense contractors regarding research activities and
HR 4546 EAS
technologies described in subsection (b), including
through the use of electronic transactions to facilitate
the processing of proposals.
(d) REVIEW PANEL.—(1) The Secretary shall appoint,
under the outreach program, a panel for the review and
evaluation of proposals described in subsection (c)(4).
(2) The panel shall be composed of qualified personnel
from the military departments, relevant Defense Agencies,
industry, academia, and other private sector organizations.
(3) The panel shall review and evaluate proposals that,
as determined by the panel, may present a unique and valu-
able approach for meeting a defense requirement or tech-
nology development goal related to combating terrorism. In
carrying out duties under this paragraph, the panel may
act through representatives designated by the panel.
(4) The panel shall—
(A) within 60 days after receiving such a pro-
posal, transmit to the source of the proposal a notifi-
cation regarding whether the proposal has been se-
lected for review by the panel;
(B) to the maximum extent practicable, complete
the review of each selected proposal within 120 days
after the proposal is selected for review by the panel;
and
HR 4546 EAS
(C) after completing the review, transmit an
evaluation of the proposal to the source of the pro-
posal.
(5) The Secretary shall ensure that the panel, in re-
viewing and evaluating proposals under this subsection, has
the authority to obtain assistance, to a reasonable extent,
from the appropriate technical resources of the laboratories,
research, development, and engineering centers, test and
evaluation activities, and other elements of the Department
of Defense.
(6) If, after completing the review of a proposal, the
panel determines that the proposal represents a unique and
valuable approach to meeting a defense requirement or tech-
nology development goal related to combating terrorism, the
panel shall submit that determination to the Under Sec-
retary of Defense for Acquisition, Technology, and Logistics
together with any recommendations that the panel considers
appropriate regarding the proposal.
(7) The Secretary of Defense shall ensure that there
is no conflict of interest on the part of a member of the
panel with respect to the review and evaluation of a pro-
posal by the panel.
(e) DEFINITIONS.—In this section:
(1) The term ‘‘nontraditional defense contractor’’
means an entity that has not, for at least one year
HR 4546 EAS
prior to the date of the enactment of this Act, entered
into, or performed with respect to, any contract de-
scribed in paragraph (1) or (2) of section 845(e) of
the National Defense Authorization Act for Fiscal
Year 1994 (10 U.S.C. 2371 note).
(2) The term ‘‘small business’’ means a business
concern that meets the applicable size standards pre-
scribed pursuant to section 3(a) of the Small Business
Act (15 U.S.C. 632(a)).
SEC. 244. VEHICLE FUEL CELL PROGRAM.
(a) PROGRAM.—The Secretary of Defense shall carry
out a vehicle fuel cell technology development program in
cooperation with the Secretary of Energy, the heads of other
Federal agencies appropriate for participation in the pro-
gram, and industry.
(b) GOALS AND OBJECTIVES.—The goals and objectives
of the program shall be as follows:
(1) To identify and support technological ad-
vances that are necessary for the development of fuel
cell technology for use in vehicles of types to be used
by the Department of Defense.
(2) To ensure that critical technology advances
are shared among the various fuel cell technology pro-
grams within the Federal Government.
HR 4546 EAS
(3) To ensure maximum leverage of Federal Gov-
ernment funding for fuel cell technology development.
(c) CONTENT
OF
PROGRAM.—The program shall
include—
(1) development of vehicle propulsion tech-
nologies and fuel cell auxiliary power units, together
with pilot demonstrations of such technologies, as ap-
propriate; and
(2) development of technologies necessary to ad-
dress critical issues such as hydrogen storage and the
need for a hydrogen fuel infrastructure.
(d) COOPERATION WITH INDUSTRY.—(1) The Sec-
retary shall include the automobile and truck manufac-
turing industry and its systems and component suppliers
in the cooperative involvement of industry in the program.
(2) The Secretary of Defense shall consider whether,
in order to facilitate the cooperation of industry in the pro-
gram, the Secretary and one or more companies in industry
should enter into a cooperative agreement that establishes
an entity to carry out activities required under subsection
(c). An entity established by any such agreement shall be
known as a defense industry fuel cell partnership.
(3) The Secretary of Defense shall provide for industry
to bear, in cash or in kind, at least one-half of the total
cost of carrying out the program.
HR 4546 EAS
(e) AMOUNT FOR PROGRAM.—Of the amount author-
ized to be appropriated by section 201(4), $10,000,000 shall
be available for the program required by this section.
SEC. 245. DEFENSE NANOTECHNOLOGY RESEARCH AND DE-
VELOPMENT PROGRAM.
(a) ESTABLISHMENT.—The Secretary of Defense shall
carry out a defense nanotechnology research and develop-
ment program.
(b) PURPOSES.—The purposes of the program are as
follows:
(1) To ensure United States global superiority in
nanotechnology necessary for meeting national secu-
rity requirements.
(2) To coordinate all nanoscale research and de-
velopment within the Department of Defense, and to
provide for interagency cooperation and collaboration
on nanoscale research and development between the
Department of Defense and other departments and
agencies of the United States that are involved in
nanoscale research and development.
(3) To develop and manage a portfolio of funda-
mental and applied nanoscience and engineering re-
search initiatives that is stable, consistent, and bal-
anced across scientific disciplines.
HR 4546 EAS
(4) To accelerate the transition and deployment
of technologies and concepts derived from nanoscale
research and development into the Armed Forces, and
to establish policies, procedures, and standards for
measuring the success of such efforts.
(5) To collect, synthesize, and disseminate crit-
ical information on nanoscale research and develop-
ment.
(c) ADMINISTRATION.—In carrying out the program,
the Secretary shall act through the Director of Defense Re-
search and Engineering, who shall supervise the planning,
management, and coordination of the program. The Direc-
tor, in consultation with the Secretaries of the military de-
partments and the heads of participating Defense Agencies
and other departments and agencies of the United States,
shall—
(1) prescribe a set of long-term challenges and a
set of specific technical goals for the program;
(2) develop a coordinated and integrated re-
search and investment plan for meeting the long-term
challenges and achieving the specific technical goals;
and
(3) develop memoranda of agreement, joint fund-
ing agreements, and other cooperative arrangements
HR 4546 EAS
necessary for meeting the long-term challenges and
achieving the specific technical goals.
(d) ANNUAL REPORT.—Not later than March 1 of each
of 2004, 2005, 2006, and 2007, the Director of Defense Re-
search and Engineering shall submit to the congressional
defense committees a report on the program. The report
shall contain the following matters:
(1) A review of—
(A) the long-term challenges and specific
goals of the program; and
(B) the progress made toward meeting the
challenges and achieving the goals.
(2) An assessment of current and proposed fund-
ing levels, including the adequacy of such funding lev-
els to support program activities.
(3) A review of the coordination of activities
within the Department of Defense and with other de-
partments and agencies.
(4) An assessment of the extent to which effective
technology transition paths have been established as a
result of activities under the program.
(5) Recommendations for additional program ac-
tivities to meet emerging national security require-
ments.
HR 4546 EAS
SEC. 246. ACTIVITIES AND ASSESSMENT OF THE DEFENSE
EXPERIMENTAL 
PROGRAM 
TO 
STIMULATE
COMPETITIVE RESEARCH.
(a) AUTHORIZED ACTIVITIES.—Subsection (c) of sec-
tion 257 of the National Defense Authorization Act for Fis-
cal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note),
is amended—
(1) in paragraph (1), by striking ‘‘research
grants’’ and inserting ‘‘grants for research and in-
strumentation to support such research’’; and
(2) by adding at the end the following new para-
graph:
‘‘(3) Any other activities that are determined
necessary to further the achievement of the objectives
of the program.’’.
(b) COORDINATION.—Subsection (e) of such section is
amended by adding at the end the following:
‘‘(4) The Secretary shall contract with the National
Research Council to assess the effectiveness of the Defense
Experimental Program to Stimulate Competitive Research
in achieving the program objectives set forth in subsection
(b). The assessment provided to the Secretary shall include
the following:
‘‘(A) An assessment of the eligibility require-
ments of the program and the relationship of such re-
quirements to the overall research base in the States,
HR 4546 EAS
the stability of research initiatives in the States, and
the achievement of the program objectives, together
with any recommendations for modification of the eli-
gibility requirements.
‘‘(B) An assessment of the program structure and
the effects of that structure on the development of a
variety of research activities in the States and the
personnel available to carry out such activities, to-
gether with any recommendations for modification of
program structure, funding levels, and funding strat-
egy.
‘‘(C) An assessment of the past and ongoing ac-
tivities of the State planning committees in sup-
porting the achievement of the program objectives.
‘‘(D) An assessment of the effects of the various
eligibility requirements of the various Federal pro-
grams to stimulate competitive research on the ability
of States to develop niche research areas of expertise,
exploit opportunities for developing interdisciplinary
research initiatives, and achieve program objectives.’’.
HR 4546 EAS
SEC. 247. FOUR-YEAR EXTENSION OF AUTHORITY OF DARPA
TO AWARD PRIZES FOR ADVANCED TECH-
NOLOGY ACHIEVEMENTS.
(a) EXTENSION.—Section 2374a(f) of title 10, United
States Code, is amended by striking ‘‘September 30, 2003’’
and inserting ‘‘September 30, 2007’’.
(b) REPORT ON ADMINISTRATION OF PROGRAM.—(1)
Not later than December 31, 2002, the Director of the De-
fense Advanced Research Projects Agency shall submit to
the congressional defense committees a report on the pro-
posal of the Director for the administration of the program
to award prizes for advanced technology achievements
under section 2374a of title 10, United States Code.
(2) The report shall include the following:
(A) A description of the proposed goals of the
competition under the program, including the tech-
nology areas to be promoted by the competition and
the relationship of such area to military missions of
the Department of Defense.
(B) The proposed rules of the competition under
the program and a description of the proposed man-
agement of the competition.
(C) A description of the manner in which funds
for cash prizes under the program will be allocated
within the accounts of the Agency if a prize is award-
ed and claimed.
HR 4546 EAS
(D) A statement of the reasons why the competi-
tion is a preferable means of promoting basic, ad-
vanced, and applied research, technology development,
or prototype projects than other means of promotion
of such activities, including contracts, grants, cooper-
ative agreements, and other transactions.
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are
hereby authorized to be appropriated for fiscal year 2003
for the use of the Armed Forces and other activities and
agencies of the Department of Defense for expenses, not oth-
erwise provided for, for operation and maintenance, in
amounts as follows:
(1) For the Army, $24,180,742,000.
(2) For the Navy, $29,368,961,000.
(3) For the Marine Corps, $3,558,732,000.
(4) For the Air Force, $27,445,764,000.
(5) For Defense-wide activities, $14,492,266,000.
(6) For the Army Reserve, $1,962,610,000.
(7) For the Naval Reserve, $1,233,759,000.
(8) For the Marine Corps Reserve, $190,532,000.
HR 4546 EAS
(9) For the Air Force Reserve, $2,165,004,000.
(10) 
For 
the 
Army 
National 
Guard,
$4,506,267,000.
(11) 
For 
the 
Air 
National 
Guard,
$4,114,910,000.
(12) 
For 
the 
Defense 
Inspector 
General,
$155,165,000.
(13) For the United States Court of Appeals for
the Armed Forces, $9,614,000.
(14) For Environmental Restoration, Army,
$395,900,000.
(15) For Environmental Restoration, Navy,
$256,948,000.
(16) For Environmental Restoration, Air Force,
$389,773,000.
(17) For Environmental Restoration, Defense-
wide, $23,498,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $252,102,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $58,400,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $873,907,000.
HR 4546 EAS
(21) For the Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Trust
Fund, $25,000,000.
(22) 
For 
Defense 
Health 
Program,
$14,202,441,000.
(23) For Cooperative Threat Reduction pro-
grams, $416,700,000.
(24) For Overseas Contingency Operations
Transfer Fund, $50,000,000.
(25) For Support for International Sporting
Competitions, Defense, $19,000,000.
(b) ADJUSTMENT.—The total amount authorized to be
appropriated pursuant to subsection (a) is reduced by—
(1) $159,790,000, which represents savings re-
sulting from reduced travel; and
(2) $615,200,000, which represents savings re-
sulting from foreign currency fluctuations.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$387,156,000.
HR 4546 EAS
(2) For the National Defense Sealift Fund,
$934,129,000.
(3) For the Defense Commissary Agency Working
Capital Fund, $969,200,000.
(4) For the Pentagon Reservation Maintenance
Revolving Fund, $328,000,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2003 from the Armed Forces Retirement Home Trust
Fund the sum of $69,921,000 for the operation of the Armed
Forces Retirement Home, including the Armed Forces Re-
tirement Home—Washington and the Armed Forces Retire-
ment Home—Gulfport.
SEC. 304. RANGE ENHANCEMENT INITIATIVE FUND.
(a) AVAILABILITY OF FUNDS.—Of the amount author-
ized to be appropriated by section 301(a)(5) for operation
and maintenance for defense-wide activities, $20,000,000
shall be available for the Range Enhancement Initiative
Fund for the purpose specified in subsection (b).
(b) PURPOSE.—Subject to subsection (c), amounts au-
thorized to be appropriated for the Range Enhancement
Initiative Fund shall be available to the Secretary of De-
fense and the Secretaries of the military departments to
purchase restrictive easements, including easements that
implement agreements entered into under section 2697 of
HR 4546 EAS
title 10, United States Code, as added by section 2811 of
this Act.
(c) TRANSFER OF AMOUNTS.—(1) Amounts in the
Range Enhancement Initiative Fund shall, subject to appli-
cable limitations in appropriations Acts, be made available
to the Secretary of a military department under subsection
(b) by transfer from the Fund to the applicable operation
and maintenance account of the military department, in-
cluding the operation and maintenance account for the ac-
tive component, or for a reserve component, of the military
department.
(2) Authority to transfer amounts under paragraph
(1) is in addition to any other authority to transfer funds
under this Act.
SEC. 305. NAVY PILOT HUMAN RESOURCES CALL CENTER,
CUTLER, MAINE.
Of the amount authorized to be appropriated by sec-
tion 301(a)(2) for operation and maintenance for the Navy,
$1,500,000 may be available for the Navy Pilot Human Re-
sources Call Center, Cutler, Maine.
SEC. 306. NATIONAL ARMY MUSEUM, FORT BELVOIR, VIR-
GINIA.
(a) ACTIVATION EFFORTS.—The Secretary of the
Army may carry out efforts to facilitate the commencement
HR 4546 EAS
of development for the National Army Museum at Fort
Belvoir, Virginia.
(b) FUNDING.—(1) The amount authorized to be ap-
propriated by section 301(a)(1) for operation and mainte-
nance for the Army is hereby increased by $100,000.
(2) Of the amount authorized to be appropriated by
section 301(a)(1) for operation and maintenance for the
Army, as increased by paragraph (1), $100,000 shall be
available to carry out the efforts authorized by subsection
(a).
(c) OFFSET.—The amount authorized to be appro-
priated by section 201(1) for research, development, test,
and evaluation for the Army is hereby reduced by $100,000.
SEC. 307. DISPOSAL OF OBSOLETE VESSELS OF THE NA-
TIONAL DEFENSE RESERVE FLEET.
Of the amount authorized to be appropriated by sec-
tion 301(a)(2) for operation and maintenance for the Navy,
$20,000,000 may be available, without fiscal year limita-
tion if so provided in appropriations Acts, for expenses re-
lated to the disposal of obsolete vessels in the Maritime Ad-
ministration National Defense Reserve Fleet.
HR 4546 EAS
Subtitle B—Environmental
Provisions
SEC. 311. ENHANCEMENT OF AUTHORITY ON COOPERATIVE
AGREEMENTS FOR ENVIRONMENTAL PUR-
POSES.
Section 2701(d) of title 10, United States Code, is
amended—
(1) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4), respectively; and
(2) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
‘‘(2) CROSS-FISCAL
YEAR
AGREEMENTS.—An
agreement with an agency under paragraph (1) may
be for a period that begins in one fiscal year and ends
in another fiscal year if (without regard to any op-
tion to extend the period of the agreement) the period
of the agreement does not exceed two years.’’.
SEC. 312. MODIFICATION OF AUTHORITY TO CARRY OUT
CONSTRUCTION PROJECTS FOR ENVIRON-
MENTAL RESPONSES.
(a) RESTATEMENT AND MODIFICATION OF AUTHOR-
ITY.—(1) Chapter 160 of title 10, United States Code, is
amended by adding at the end the following new section:
HR 4546 EAS
‘‘§ 2711. Environmental restoration projects for envi-
ronmental responses
‘‘(a) The Secretary of Defense or the Secretary of a
military department may carry out an environmental res-
toration project if that Secretary determines that the project
is necessary to carry out a response under this chapter or
CERCLA.
‘‘(b) Any construction, development, conversion, or ex-
tension of a structure or installation of equipment that is
included in an environmental restoration project may not
be considered military construction (as that term is defined
in section 2801(a) of this title).
‘‘(c) Funds authorized for deposit in an account estab-
lished by section 2703(a) of this title shall be the only source
of funds to conduct an environmental restoration project
under this section.
‘‘(d) In this section, the term ‘environmental restora-
tion project’ includes construction, development, conversion,
or extension of a structure or installation of equipment in
direct support of a response.’’.
(2) The table of sections at the beginning of that chap-
ter is amended by adding at the end the following new item:
‘‘2711. Environmental restoration projects for environmental responses.’’.
(b) REPEAL OF SUPERSEDED PROVISION.—(1) Section
2810 of title 10, United States Code, is repealed.