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the Army has certified to the congressional defense com-
mittees that the Army intends to budget for the upgrade
of the entire CH–47 fleet that is planned to be part of
the Objective Force.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modifica-
tion, and modernization of missiles, equipment, including
ordnance, ground handling equipment, spare parts, and
accessories therefor; specialized equipment and training
devices; expansion of public and private plants, including
the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes, $1,112,772,000, to remain available
for obligation until September 30, 2005, of which not less
than $168,580,000 shall be available for the Army Na-
tional Guard and Army Reserve.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For
construction,
procurement,
production,
and
modification of weapons and tracked combat vehicles,
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equipment, including ordnance, spare parts, and acces-
sories therefor; specialized equipment and training devices;
expansion of public and private plants, including the land
necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway; and other expenses necessary for the foregoing
purposes, $2,248,358,000, to remain available for obliga-
tion until September 30, 2005, of which not less than
$40,849,000 shall be available for the Army National
Guard and Army Reserve.
PROCUREMENT OF AMMUNITION, ARMY
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
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plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $1,207,560,000, to remain
available for obligation until September 30, 2005, of which
not less than $124,716,000 shall be available for the Army
National Guard and Army Reserve.
OTHER PROCUREMENT, ARMY
For
construction,
procurement,
production,
and
modification of vehicles, including tactical, support, and
non-tracked combat vehicles; the purchase of not to exceed
40 passenger motor vehicles for replacement only; and the
purchase of 6 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $180,000 per vehicle;
communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories there-
for; specialized equipment and training devices; expansion
of public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and
interests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
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$6,017,380,000, to remain available for obligation until
September
30,
2005,
of
which
not
less
than
$1,129,578,000 shall be available for the Army National
Guard and Army Reserve.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including
ordnance, spare parts, and accessories therefor; specialized
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; and procurement and
installation of equipment, appliances, and machine tools
in public and private plants; reserve plant and Govern-
ment
and
contractor-owned
equipment
layaway,
$8,682,655,000, to remain available for obligation until
September 30, 2005, of which not less than $19,644,000
shall be available for the Navy Reserve and Marine Corps
Reserve.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts,
and accessories therefor; expansion of public and private
plants, including the land necessary therefor, and such
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lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway, $2,384,617,000, to remain available for obliga-
tion until September 30, 2005.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $1,167,130,000, to remain
available for obligation until September 30, 2005, of which
not less than $18,162,000 shall be for the Navy Reserve
and Marine Corps Reserve.
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SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
ances, and machine tools and installation thereof in public
and private plants; reserve plant and Government and con-
tractor-owned equipment layaway; procurement of critical,
long leadtime components and designs for vessels to be
constructed or converted in the future; and expansion of
public and private plants, including land necessary there-
for, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title, as follows:
Carrier
Replacement
Program
(CY),
$250,000,000;
Carrier
Replacement
Program
(AP–CY),
$243,703,000;
Virginia Class Submarine, $1,490,652,000;
Virginia
Class
Submarine
(AP–CY),
$706,309,000;
SSGN Conversion, $404,305,000;
SSGN Conversion (AP–CY), $421,000,000;
CVN
Refueling
Overhauls
(AP–CY),
$296,781,000;
Submarine Refueling Overhauls, $231,292,000;
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Submarine
Refueling
Overhauls
(AP–CY),
$88,257,000;
DDG–51, $2,273,002,000;
DDG–51 (AP–CY), $74,000,000;
LPD–17, $596,492,000;
LPD–17 (AP–CY), $8,000,000;
LCU (X), $9,756,000;
Outfitting, $300,608,000;
LCAC SLEP, $81,638,000;
Mine Hunter SWATH, $7,000,000; and
Completion of Prior Year Shipbuilding Pro-
grams, $644,899,000;
In all: $8,127,694,000, to remain available for obliga-
tion until September 30, 2007: Provided, That additional
obligations may be incurred after September 30, 2007, for
engineering services, tests, evaluations, and other such
budgeted work that must be performed in the final stage
of ship construction: Provided further, That none of the
funds provided under this heading for the construction or
conversion of any naval vessel to be constructed in ship-
yards in the United States shall be expended in foreign
facilities for the construction of major components of such
vessel: Provided further, That none of the funds provided
under this heading shall be used for the construction of
any naval vessel in foreign shipyards.
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OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of
support equipment and materials not otherwise provided
for, Navy ordnance (except ordnance for new aircraft, new
ships, and ships authorized for conversion); the purchase
of not to exceed 141 passenger motor vehicles for replace-
ment only, and the purchase of 3 vehicles required for
physical security of personnel, notwithstanding price limi-
tations applicable to passenger vehicles but not to exceed
$240,000 per unit for one unit and not to exceed $125,000
per unit for the remaining two units; expansion of public
and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of
title; and procurement and installation of equipment, ap-
pliances, and machine tools in public and private plants;
reserve plant and Government and contractor-owned
equipment layaway, $4,631,299,000, to remain available
for obligation until September 30, 2005, of which not less
than $19,869,000 shall be for the Naval Reserve.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manu-
facture, and modification of missiles, armament, military
equipment, spare parts, and accessories therefor; plant
equipment, appliances, and machine tools, and installation
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thereof in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; ve-
hicles for the Marine Corps, including the purchase of not
to exceed 28 passenger motor vehicles for replacement
only; and expansion of public and private plants, including
land necessary therefor, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title, $1,369,383,000, to re-
main available for obligation until September 30, 2005,
of which not less than $253,724,000 shall be available for
the Marine Corps Reserve.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, lease, and modifica-
tion of aircraft and equipment, including armor and arma-
ment, specialized ground handling equipment, and train-
ing devices, spare parts, and accessories therefor; special-
ized equipment; expansion of public and private plants,
Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land,
for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes in-
cluding
rents
and
transportation
of
things,
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$12,492,730,000, to remain available for obligation until
September 30, 2005, of which not less than $312,700,000
shall be available for the Air National Guard and Air
Force Reserve: Provided, That of the amount provided
under this heading, not less than $207,000,000 shall be
used only for the producability improvement program di-
rectly related to the F–22 aircraft program: Provided fur-
ther, That amounts provided under this heading shall be
used for the advance procurement of 15 C–17 aircraft.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of
missiles, spacecraft, rockets, and related equipment, in-
cluding spare parts and accessories therefor, ground han-
dling equipment, and training devices; expansion of public
and private plants, Government-owned equipment and in-
stallation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway; and other expenses necessary for the
foregoing purposes including rents and transportation of
things, $3,185,439,000, to remain available for obligation
until September 30, 2005.
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PROCUREMENT OF AMMUNITION, AIR FORCE
For
construction,
procurement,
production,
and
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities au-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $1,290,764,000, to remain
available for obligation until September 30, 2005, of which
not less than $120,200,000 shall be available for the Air
National Guard and Air Force Reserve.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (in-
cluding ground guidance and electronic control equipment,
and ground electronic and communication equipment),
and supplies, materials, and spare parts therefor, not oth-
erwise provided for; the purchase of not to exceed 263 pas-
senger motor vehicles for replacement only, and the pur-
chase of 2 vehicles required for physical security of per-
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sonnel, notwithstanding price limitations applicable to pas-
senger vehicles but not to exceed $232,000 per vehicle;
lease of passenger motor vehicles; and expansion of public
and private plants, Government-owned equipment and in-
stallation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway, $10,622,660,000, to remain available
for obligation until September 30, 2005, of which not less
than $167,600,000 shall be available for the Air National
Guard and Air Force Reserve.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments)
necessary for procurement, production, and modification
of equipment, supplies, materials, and spare parts there-
for, not otherwise provided for; the purchase of not to ex-
ceed 99 passenger motor vehicles for replacement only; the
purchase of 4 vehicles required for physical security of
personnel, notwithstanding price limitations applicable to
passenger vehicles but not to exceed $250,000 per vehicle;
expansion of public and private plants, equipment, and in-
stallation thereof in such plants, erection of structures,
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and acquisition of land for the foregoing purposes, and
such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title;
reserve plant and Government and contractor-owned
equipment layaway, $3,457,405,000, to remain available
for obligation until September 30, 2005: Provided, That
funds provided under this heading for Patriot Advanced
Capability-3 (PAC–3) missiles may be used for procure-
ment of critical parts for PAC–3 missiles to support pro-
duction of such missiles in future fiscal years.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant
to sections 108, 301, 302, and 303 of the Defense Produc-
tion Act of 1950 (50 U.S.C. App. 2078, 2091, 2092, and
2093), $73,057,000 to remain available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $7,447,160,000, to remain avail-
able for obligation until September 30, 2004.
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RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $13,562,218,000, to remain avail-
able for obligation until September 30, 2004: Provided,
That funds appropriated in this paragraph which are
available for the V–22 may be used to meet unique oper-
ational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
For expenses necessary for basic and applied sci-
entific research, development, test and evaluation, includ-
ing maintenance, rehabilitation, lease, and operation of fa-
cilities and equipment, $18,639,392,000, to remain avail-
able for obligation until September 30, 2004.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments),
necessary for basic and applied scientific research, devel-
opment, test and evaluation; advanced research projects
as may be designated and determined by the Secretary
of Defense, pursuant to law; maintenance, rehabilitation,
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lease,
and
operation
of
facilities
and
equipment,
$17,863,462,000 (reduced by $30,000,000) (increased by
$30,000,000), to remain available for obligation until Sep-
tember 30, 2004.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary
for the independent activities of the Director, Operational
Test and Evaluation, in the direction and supervision of
operational test and evaluation, including initial oper-
ational test and evaluation which is conducted prior to,
and in support of, production decisions; joint operational
testing and evaluation; and administrative expenses in
connection therewith, $242,054,000, to remain available
for obligation until September 30, 2004.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For
the
Defense
Working
Capital
Funds,
$1,832,956,000: Provided, That during fiscal year 2003,
funds in the Defense Working Capital Funds may be used
for the purchase of not to exceed 315 passenger carrying
motor vehicles for replacement only for the Defense Secu-
rity Service, and the purchase of not to exceed 7 vehicles
for replacement only for the Defense Logistics Agency.
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NATIONAL DEFENSE SEALIFT FUND
For
National
Defense
Sealift
Fund
programs,
projects, and activities, and for expenses of the National
Defense Reserve Fleet, as established by section 11 of the
Merchant Ship Sales Act of 1946 (50 U.S.C. App. 1744),
and for the necessary expenses to maintain and preserve
a U.S.-flag merchant fleet to serve the national security
needs of the United States, $944,129,000, to remain avail-
able until expended: Provided, That none of the funds pro-
vided in this paragraph shall be used to award a new con-
tract that provides for the acquisition of any of the fol-
lowing major components unless such components are
manufactured in the United States: auxiliary equipment,
including pumps, for all shipboard services; propulsion
system components (that is; engines, reduction gears, and
propellers); shipboard cranes; and spreaders for shipboard
cranes: Provided further, That the exercise of an option
in a contract awarded through the obligation of previously
appropriated funds shall not be considered to be the award
of a new contract: Provided further, That the Secretary
of the military department responsible for such procure-
ment may waive the restrictions in the first proviso on
a case-by-case basis by certifying in writing to the Com-
mittees on Appropriations of the House of Representatives
and the Senate that adequate domestic supplies are not
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available to meet Department of Defense requirements on
a timely basis and that such an acquisition must be made
in order to acquire capability for national security pur-
poses: Provided further, That, notwithstanding any other
provision of law, $10,000,000 of the funds available under
this heading shall be available in addition to other
amounts otherwise available, only to finance the cost of
constructing additional sealift capacity.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical
and health care programs of the Department of Defense,
as
authorized
by
law,
$14,600,748,000,
of
which
$13,916,791,000 shall be for Operation and maintenance,
of which not to exceed 2 percent shall remain available
until September 30, 2004; of which $283,743,000, to re-
main available for obligation until September 30, 2005,
shall be for Procurement; of which $400,214,000, to re-
main available for obligation until September 30, 2004,
shall be for Research, development, test and evaluation,
and of which not less than $10,000,000 shall be available
for HIV prevention educational activities undertaken in
connection with U.S. military training, exercises, and hu-
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manitarian assistance activities conducted primarily in Af-
rican nations.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
ARMY
For expenses, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal
chemical agents and munitions in accordance with the pro-
visions of section 1412 of the Department of Defense Au-
thorization Act, 1986 (50 U.S.C. 1521), and for the de-
struction of other chemical warfare materials that are not
in the chemical weapon stockpile, $1,490,199,000, of
which $974,238,000 shall be for Operation and mainte-
nance to remain available until September 30, 2004,
$213,278,000 shall be for Procurement to remain avail-
able until September 30, 2005, and $302,683,000 shall
be for Research, development, test and evaluation to re-
main available until September 30, 2004.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(INCLUDING TRANSFER OF FUNDS)
For drug interdiction and counter-drug activities of
the Department of Defense, for transfer to appropriations
available to the Department of Defense for military per-
sonnel of the reserve components serving under the provi-
sions of title 10 and title 32, United States Code; for Op-
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eration and maintenance; for Procurement; and for Re-
search, development, test and evaluation, $859,907,000:
Provided, That the funds appropriated under this heading
shall be available for obligation for the same time period
and for the same purpose as the appropriation to which
transferred: Provided further, That upon a determination
that all or part of the funds transferred from this appro-
priation are not necessary for the purposes provided here-
in, such amounts may be transferred back to this appro-
priation: Provided further, That the transfer authority pro-
vided under this heading is in addition to any other trans-
fer authority contained elsewhere in this Act.
OFFICE OF THE INSPECTOR GENERAL
For expenses and activities of the Office of the In-
spector General in carrying out the provisions of the In-
spector General Act of 1978, as amended, $157,165,000,
of which $155,165,000 shall be for Operation and mainte-
nance, of which not to exceed $700,000 is available for
emergencies and extraordinary expenses to be expended on
the approval or authority of the Inspector General, and
payments may be made on the Inspector General’s certifi-
cate of necessity for confidential military purposes; and
of which $2,000,000 to remain available until September
30, 2005, shall be for Procurement.
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TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM FUND
For payment to the Central Intelligence Agency Re-
tirement and Disability System Fund, to maintain the
proper funding level for continuing the operation of the
Central Intelligence Agency Retirement and Disability
System, $212,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Intelligence Commu-
nity
Management
Account,
$162,254,000,
of
which
$24,252,000 for the Advanced Research and Development
Committee shall remain available until September 30,
2004: Provided, That of the funds appropriated under this
heading, $34,100,000 shall be transferred to the Depart-
ment of Justice for the National Drug Intelligence Center
to support the Department of Defense’s counter-drug in-
telligence
responsibilities,
and
of
the
said
amount,
$1,500,000 for Procurement shall remain available until
September 30, 2005 and $1,000,000 for Research, devel-
opment, test and evaluation shall remain available until
September 30, 2004: Provided further, That the National
Drug Intelligence Center shall maintain the personnel and
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technical resources to provide timely support to law en-
forcement authorities and the intelligence community by
conducting document and computer exploitation of mate-
rials collected in Federal, State, and local law enforcement
activity associated with counter-drug, counter-terrorism,
and national security investigations and operations.
PAYMENT TO KAHO’OLAWE
ISLAND CONVEYANCE, REMEDIATION, AND
ENVIRONMENTAL RESTORATION FUND
For payment to Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Fund, as au-
thorized by law, $25,000,000, to remain available until ex-
pended.
NATIONAL SECURITY EDUCATION TRUST FUND
For the purposes of title VIII of Public Law 102–
183, $8,000,000, to be derived from the National Security
Education Trust Fund, to remain available until ex-
pended.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained
in this Act shall be used for publicity or propaganda pur-
poses not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions
of law prohibiting the payment of compensation to, or em-
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ployment of, any person not a citizen of the United States
shall not apply to personnel of the Department of Defense:
Provided, That salary increases granted to direct and indi-
rect hire foreign national employees of the Department of
Defense funded by this Act shall not be at a rate in excess
of the percentage increase authorized by law for civilian
employees of the Department of Defense whose pay is
computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percent-
age increase provided by the appropriate host nation to
its own employees, whichever is higher: Provided further,
That this section shall not apply to Department of De-
fense foreign service national employees serving at United
States diplomatic missions whose pay is set by the Depart-
ment of State under the Foreign Service Act of 1980: Pro-
vided further, That the limitations of this provision shall
not apply to foreign national employees of the Department
of Defense in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained
in this Act shall remain available for obligation beyond
the current fiscal year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appro-
priations in this Act which are limited for obligation dur-
ing the current fiscal year shall be obligated during the
last 2 months of the fiscal year: Provided, That this sec-
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tion shall not apply to obligations for support of active
duty training of reserve components or summer camp
training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
SEC. 8005. Upon determination by the Secretary of
Defense that such action is necessary in the national inter-
est, he may, with the approval of the Office of Manage-
ment and Budget, transfer not to exceed $2,500,000,000
of working capital funds of the Department of Defense
or funds made available in this Act to the Department
of Defense for military functions (except military con-
struction) between such appropriations or funds or any
subdivision thereof, to be merged with and to be available
for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided,
That such authority to transfer may not be used unless
for higher priority items, based on unforeseen military re-
quirements, than those for which originally appropriated
and in no case where the item for which funds are re-
quested has been denied by the Congress: Provided further,
That the Secretary of Defense shall notify the Congress
promptly of all transfers made pursuant to this authority
or any other authority in this Act: Provided further, That
no part of the funds in this Act shall be available to pre-
pare or present a request to the Committees on Appropria-
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tions for reprogramming of funds, unless for higher pri-
ority items, based on unforeseen military requirements,
than those for which originally appropriated and in no
case where the item for which reprogramming is requested
has been denied by the Congress: Provided further, That
a request for multiple reprogrammings of funds using au-
thority provided in this section must be made prior to May
1, 2003.
(TRANSFER OF FUNDS)
SEC. 8006. During the current fiscal year, cash bal-
ances in working capital funds of the Department of De-
fense established pursuant to section 2208 of title 10,
United States Code, may be maintained in only such
amounts as are necessary at any time for cash disburse-
ments to be made from such funds: Provided, That trans-
fers may be made between such funds: Provided further,
That transfers may be made between working capital
funds and the ‘‘Foreign Currency Fluctuations, Defense’’
appropriation and the ‘‘Operation and Maintenance’’ ap-
propriation accounts in such amounts as may be deter-
mined by the Secretary of Defense, with the approval of
the Office of Management and Budget, except that such
transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer. Except
in amounts equal to the amounts appropriated to working
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capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the
value of war reserve material inventory, unless the Sec-
retary of Defense has notified the Congress prior to any
such obligation.
SEC. 8007. Funds appropriated by this Act may not
be used to initiate a special access program without prior
notification 30 calendar days in session in advance to the
congressional defense committees.
SEC. 8008. None of the funds provided in this Act
shall be available to initiate: (1) a multiyear contract that
employs economic order quantity procurement in excess of
$20,000,000 in any 1 year of the contract or that includes
an unfunded contingent liability in excess of $20,000,000;
or (2) a contract for advance procurement leading to a
multiyear contract that employs economic order quantity
procurement in excess of $20,000,000 in any 1 year, un-
less the congressional defense committees have been noti-
fied at least 30 days in advance of the proposed contract
award: Provided, That no part of any appropriation con-
tained in this Act shall be available to initiate a multiyear
contract for which the economic order quantity advance
procurement is not funded at least to the limits of the
Government’s liability: Provided further, That no part of
any appropriation contained in this Act shall be available
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to initiate multiyear procurement contracts for any sys-
tems or component thereof if the value of the multiyear
contract would exceed $500,000,000 unless specifically
provided in this Act: Provided further, That no multiyear
procurement contract can be terminated without 10–day
prior notification to the congressional defense committees:
Provided further, That the execution of multiyear author-
ity shall require the use of a present value analysis to de-
termine lowest cost compared to an annual procurement.
Funds appropriated in title III of this Act may be
used for multiyear procurement contracts as follows:
C–130 aircraft; and
F/A–18E and F engine.
SEC. 8009. Within the funds appropriated for the op-
eration and maintenance of the Armed Forces, funds are
hereby appropriated pursuant to section 401 of title 10,
United States Code, for humanitarian and civic assistance
costs under chapter 20 of title 10, United States Code.
Such funds may also be obligated for humanitarian and
civic assistance costs incidental to authorized operations
and pursuant to authority granted in section 401 of chap-
ter 20 of title 10, United States Code, and these obliga-
tions shall be reported to the Congress as of September
30 of each year: Provided, That funds available for oper-
ation and maintenance shall be available for providing hu-
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manitarian and similar assistance by using Civic Action
Teams in the Trust Territories of the Pacific Islands and
freely associated states of Micronesia, pursuant to the
Compact of Free Association as authorized by Public Law
99–239: Provided further, That upon a determination by
the Secretary of the Army that such action is beneficial
for graduate medical education programs conducted at
Army medical facilities located in Hawaii, the Secretary
of the Army may authorize the provision of medical serv-
ices at such facilities and transportation to such facilities,
on a nonreimbursable basis, for civilian patients from
American Samoa, the Commonwealth of the Northern
Mariana Islands, the Marshall Islands, the Federated
States of Micronesia, Palau, and Guam.
SEC. 8010. (a) During fiscal year 2003, the civilian
personnel of the Department of Defense may not be man-
aged on the basis of any end-strength, and the manage-
ment of such personnel during that fiscal year shall not
be subject to any constraint or limitation (known as an
end-strength) on the number of such personnel who may
be employed on the last day of such fiscal year.
(b) The fiscal year 2004 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2004
Department of Defense budget request shall be prepared
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and submitted to the Congress as if subsections (a) and
(b) of this provision were effective with regard to fiscal
year 2004.
(c) Nothing in this section shall be construed to apply
to military (civilian) technicians.
SEC. 8011. Notwithstanding any other provision of
law, none of the funds made available by this Act shall
be used by the Department of Defense to exceed, outside
the 50 United States, its territories, and the District of
Columbia, 125,000 civilian workyears: Provided, That
workyears shall be applied as defined in the Federal Per-
sonnel Manual: Provided further, That workyears ex-
pended in dependent student hiring programs for dis-
advantaged youths shall not be included in this workyear
limitation.
SEC. 8012. None of the funds made available by this
Act shall be used in any way, directly or indirectly, to in-
fluence congressional action on any legislation or appro-
priation matters pending before the Congress.
SEC. 8013. None of the funds appropriated by this
Act shall be available for the basic pay and allowances of
any member of the Army participating as a full-time stu-
dent and receiving benefits paid by the Secretary of Vet-
erans Affairs from the Department of Defense Education
Benefits Fund when time spent as a full-time student is
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credited toward completion of a service commitment: Pro-
vided, That this subsection shall not apply to those mem-
bers who have reenlisted with this option prior to October
1, 1987: Provided further, That this subsection applies
only to active components of the Army.
SEC. 8014. None of the funds appropriated by this
Act shall be available to convert to contractor performance
an activity or function of the Department of Defense that,
on or after the date of the enactment of this Act, is per-
formed by more than 10 Department of Defense civilian
employees until a most efficient and cost-effective organi-
zation analysis is completed on such activity or function
and certification of the analysis is made to the Committees
on Appropriations of the House of Representatives and the
Senate: Provided, That this section and subsections (a),
(b), and (c) of 10 U.S.C. 2461 shall not apply to a com-
mercial or industrial type function of the Department of
Defense that: (1) is included on the procurement list es-
tablished pursuant to section 2 of the Act of June 25,
1938 (41 U.S.C. 47), popularly referred to as the Javits-
Wagner-O’Day Act; (2) is planned to be converted to per-
formance by a qualified nonprofit agency for the blind or
by a qualified nonprofit agency for other severely handi-
capped individuals in accordance with that Act; or (3) is
planned to be converted to performance by a qualified firm
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under 51 percent ownership by an Indian tribe, as defined
in section 450b(e) of title 25, United States Code, or a
Native Hawaiian organization, as defined in section
637(a)(15) of title 15, United States Code.
(TRANSFER OF FUNDS)
SEC. 8015. Funds appropriated in title III of this Act
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing
a
Mentor-Protege
Program
developmental
assistance
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law
101–510; 10 U.S.C. 2301 note), as amended, under the
authority of this provision or any other transfer authority
contained in this Act.
SEC. 8016. None of the funds in this Act may be
available for the purchase by the Department of Defense
(and its departments and agencies) of welded shipboard
anchor and mooring chain 4 inches in diameter and under
unless the anchor and mooring chain are manufactured
in the United States from components which are substan-
tially manufactured in the United States: Provided, That
for the purpose of this section manufactured will include
cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process):
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Provided further, That for the purpose of this section sub-
stantially all of the components of anchor and mooring
chain shall be considered to be produced or manufactured
in the United States if the aggregate cost of the compo-
nents produced or manufactured in the United States ex-
ceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further,
That when adequate domestic supplies are not available
to meet Department of Defense requirements on a timely
basis, the Secretary of the service responsible for the pro-
curement may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order
to acquire capability for national security purposes.
SEC. 8017. None of the funds appropriated by this
Act available for the Civilian Health and Medical Program
of the Uniformed Services (CHAMPUS) or TRICARE
shall be available for the reimbursement of any health care
provider for inpatient mental health service for care re-
ceived when a patient is referred to a provider of inpatient
mental health care or residential treatment care by a med-
ical or health care professional having an economic inter-
est in the facility to which the patient is referred: Pro-
vided, That this limitation does not apply in the case of
inpatient mental health services provided under the pro-
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gram for persons with disabilities under subsection (d) of
section 1079 of title 10, United States Code, provided as
partial hospital care, or provided pursuant to a waiver au-
thorized by the Secretary of Defense because of medical
or psychological circumstances of the patient that are con-
firmed by a health professional who is not a Federal em-
ployee after a review, pursuant to rules prescribed by the
Secretary, which takes into account the appropriate level
of care for the patient, the intensity of services required
by the patient, and the availability of that care.
SEC. 8018. Notwithstanding any other provision of
law, during the current fiscal year, the Secretary of De-
fense may, by executive agreement, establish with host na-
tion governments in NATO member states a separate ac-
count into which such residual value amounts negotiated
in the return of United States military installations in
NATO member states may be deposited, in the currency
of the host nation, in lieu of direct monetary transfers to
the United States Treasury: Provided, That such credits
may be utilized only for the construction of facilities to
support United States military forces in that host nation,
or such real property maintenance and base operating
costs that are currently executed through monetary trans-
fers to such host nations: Provided further, That the De-
partment of Defense’s budget submission for fiscal year
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2004 shall identify such sums anticipated in residual value
settlements, and identify such construction, real property
maintenance or base operating costs that shall be funded
by the host nation through such credits: Provided further,
That all military construction projects to be executed from
such accounts must be previously approved in a prior Act
of Congress: Provided further, That each such executive
agreement with a NATO member host nation shall be re-
ported to the congressional defense committees, the Com-
mittee on International Relations of the House of Rep-
resentatives and the Committee on Foreign Relations of
the Senate 30 days prior to the conclusion and endorse-
ment of any such agreement established under this provi-
sion.
SEC. 8019. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles,
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols.
SEC. 8020. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing
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to the congressional defense committees that such a relo-
cation is required in the best interest of the Government.
SEC. 8021. In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive payments authorized by section 504 of the Indian
Financing Act of 1974 (25 U.S.C. 1544): Provided, That
a subcontractor at any tier shall be considered a con-
tractor for the purposes of being allowed additional com-
pensation under section 504 of the Indian Financing Act
of 1974 (25 U.S.C. 1544).
SEC. 8022. None of the funds appropriated by this
Act shall be available to perform any cost study pursuant
to the provisions of OMB Circular A–76 if the study being
performed exceeds a period of 24 months after initiation
of such study with respect to a single function activity or
48 months after initiation of such study for a multi-func-
tion activity.
SEC. 8023. Funds appropriated by this Act for the
American Forces Information Service shall not be used for
any national or international political or psychological ac-
tivities.
SEC. 8024. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may adjust
wage rates for civilian employees hired for certain health
care occupations as authorized for the Secretary of Vet-
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erans Affairs by section 7455 of title 38, United States
Code.
SEC. 8025. (a) Of the funds for the procurement of
supplies or services appropriated by this Act, qualified
nonprofit agencies for the blind or other severely handi-
capped shall be afforded the maximum practicable oppor-
tunity to participate as subcontractors and suppliers in the
performance of contracts let by the Department of De-
fense.
(b) During the current fiscal year, a business concern
which has negotiated with a military service or defense
agency a subcontracting plan for the participation by
small business concerns pursuant to section 8(d) of the
Small Business Act (15 U.S.C. 637(d)) shall be given
credit toward meeting that subcontracting goal for any
purchases made from qualified nonprofit agencies for the
blind or other severely handicapped.
(c) For the purpose of this section, the phrase ‘‘quali-
fied nonprofit agency for the blind or other severely handi-
capped’’ means a nonprofit agency for the blind or other
severely handicapped that has been approved by the Com-
mittee for the Purchase from the Blind and Other Severely
Handicapped under the Javits-Wagner-O’Day Act (41
U.S.C. 46–48).
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SEC. 8026. During the current fiscal year, net re-
ceipts pursuant to collections from third party payers pur-
suant to section 1095 of title 10, United States Code, shall
be made available to the local facility of the uniformed
services responsible for the collections and shall be over
and above the facility’s direct budget amount.
SEC. 8027. During the current fiscal year, and from
any funds available to the Department of Defense, the De-
partment is authorized to incur obligations of not to ex-
ceed $350,000,000 for purposes specified in section
2350j(c) of title 10, United States Code, in anticipation
of receipt of contributions, only from the Government of
Kuwait, under that section: Provided, That upon receipt,
such contributions from the Government of Kuwait shall
be credited to the appropriations or fund which incurred
such obligations.
SEC. 8028. Of the funds made available in this Act,
not less than $23,003,000 shall be available for the Civil
Air Patrol Corporation, of which $21,503,000 shall be
available for Civil Air Patrol Corporation operation and
maintenance to support readiness activities which includes
$1,500,000 for the Civil Air Patrol counterdrug program:
Provided, That funds identified for ‘‘Civil Air Patrol’’
under this section are intended for and shall be for the
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exclusive use of the Civil Air Patrol Corporation and not
for the Air Force or any unit thereof.
SEC. 8029. (a) None of the funds appropriated in this
Act are available to establish a new Department of De-
fense (department) federally funded research and develop-
ment center (FFRDC), either as a new entity, or as a
separate entity administrated by an organization man-
aging another FFRDC, or as a nonprofit membership cor-
poration consisting of a consortium of other FFRDCs and
other non-profit entities.
(b) No member of a Board of Directors, Trustees,
Overseers, Advisory Group, Special Issues Panel, Visiting
Committee, or any similar entity of a defense FFRDC,
and no paid consultant to any defense FFRDC, except
when acting in a technical advisory capacity, may be com-
pensated for his or her services as a member of such enti-
ty, or as a paid consultant by more than one FFRDC in
a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed
travel expenses and per diem as authorized under the Fed-
eral Joint Travel Regulations, when engaged in the per-
formance of membership duties.
(c) Notwithstanding any other provision of law, none
of the funds available to the department from any source
during fiscal year 2003 may be used by a defense FFRDC,
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through a fee or other payment mechanism, for construc-
tion of new buildings, for payment of cost sharing for
projects funded by Government grants, for absorption of
contract overruns, or for certain charitable contributions,
not to include employee participation in community service
and/or development.
(d) Notwithstanding any other provision of law, of
the funds available to the department during fiscal year
2003, not more than 6,277 staff years of technical effort
(staff years) may be funded for defense FFRDCs: Pro-
vided, That of the specific amount referred to previously
in this subsection, not more than 1,029 staff years may
be funded for the defense studies and analysis FFRDCs.
(e) The Secretary of Defense shall, with the submis-
sion of the department’s fiscal year 2004 budget request,
submit a report presenting the specific amounts of staff
years of technical effort to be allocated for each defense
FFRDC during that fiscal year.
SEC. 8030. None of the funds appropriated or made
available in this Act shall be used to procure carbon, alloy
or armor steel plate for use in any Government-owned fa-
cility or property under the control of the Department of
Defense which were not melted and rolled in the United
States or Canada: Provided, That these procurement re-
strictions shall apply to any and all Federal Supply Class
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9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications
of carbon, alloy or armor steel plate: Provided further,
That the Secretary of the military department responsible
for the procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees
on Appropriations of the House of Representatives and the
Senate that adequate domestic supplies are not available
to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order
to acquire capability for national security purposes: Pro-
vided further, That these restrictions shall not apply to
contracts which are in being as of the date of the enact-
ment of this Act.
SEC. 8031. For the purposes of this Act, the term
‘‘congressional defense committees’’ means the Armed
Services Committee of the House of Representatives, the
Armed Services Committee of the Senate, the Sub-
committee on Defense of the Committee on Appropriations
of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representa-
tives.
SEC. 8032. During the current fiscal year, the De-
partment of Defense may acquire the modification, depot
maintenance and repair of aircraft, vehicles and vessels
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as well as the production of components and other De-
fense-related articles, through competition between De-
partment of Defense depot maintenance activities and pri-
vate firms: Provided, That the Senior Acquisition Execu-
tive of the military department or defense agency con-
cerned, with power of delegation, shall certify that success-
ful bids include comparable estimates of all direct and in-
direct costs for both public and private bids: Provided fur-
ther, That Office of Management and Budget Circular A–
76 shall not apply to competitions conducted under this
section.
SEC. 8033. (a)(1) If the Secretary of Defense, after
consultation with the United States Trade Representative,
determines that a foreign country which is party to an
agreement described in paragraph (2) has violated the
terms of the agreement by discriminating against certain
types of products produced in the United States that are
covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy Amer-
ican Act with respect to such types of products produced
in that foreign country.
(2) An agreement referred to in paragraph (1) is any
reciprocal defense procurement memorandum of under-
standing, between the United States and a foreign country
pursuant to which the Secretary of Defense has prospec-
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tively waived the Buy American Act for certain products
in that country.
(b) The Secretary of Defense shall submit to the Con-
gress a report on the amount of Department of Defense
purchases from foreign entities in fiscal year 2002. Such
report shall separately indicate the dollar value of items
for which the Buy American Act was waived pursuant to
any agreement described in subsection (a)(2), the Trade
Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any
international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy
American Act’’ means title III of the Act entitled ‘‘An Act
making appropriations for the Treasury and Post Office
Departments for the fiscal year ending June 30, 1934,
and for other purposes’’, approved March 3, 1933 (41
U.S.C. 10a et seq.).
SEC. 8034. Appropriations contained in this Act that
remain available at the end of the current fiscal year as
a result of energy cost savings realized by the Department
of Defense shall remain available for obligation for the
next fiscal year to the extent, and for the purposes, pro-
vided in section 2865 of title 10, United States Code.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8035. Amounts deposited during the current fis-
cal year to the special account established under 40 U.S.C.
485(h)(2) and to the special account established under 10
U.S.C. 2667(d)(1) are appropriated and shall be available
until transferred by the Secretary of Defense to current
applicable appropriations or funds of the Department of
Defense under the terms and conditions specified by 40
U.S.C.
485(h)(2)(A)
and
(B)
and
U.S.C.
2667(d)(1)(B), to be merged with and to be available for
the same time period and the same purposes as the appro-
priation to which transferred.
SEC. 8036. The President shall include with each
budget for a fiscal year submitted to the Congress under
section 1105 of title 31, United States Code, materials
that shall identify clearly and separately the amounts re-
quested in the budget for appropriation for that fiscal year
for salaries and expenses related to administrative activi-
ties of the Department of Defense, the military depart-
ments, and the defense agencies.
SEC. 8037. Notwithstanding any other provision of
law, funds available for ‘‘Drug Interdiction and Counter-
Drug Activities, Defense’’ may be obligated for the Young
Marines program.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8038. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by sec-
tion 2921(c)(1) of the National Defense Authorization Act
of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall
be available until expended for the payments specified by
section 2921(c)(2) of that Act.
SEC. 8039. (a) IN GENERAL.—Notwithstanding any
other provision of law, the Secretary of the Air Force may
convey at no cost to the Air Force, without consideration,
to Indian tribes located in the States of North Dakota,
South Dakota, Montana, and Minnesota relocatable mili-
tary housing units located at Grand Forks Air Force Base
and Minot Air Force Base that are excess to the needs
of the Air Force.
(b) PROCESSING OF REQUESTS.—The Secretary of
the Air Force shall convey, at no cost to the Air Force,
military housing units under subsection (a) in accordance
with the request for such units that are submitted to the
Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of North Da-
kota, South Dakota, Montana, and Minnesota.
(c) RESOLUTION OF HOUSING UNIT CONFLICTS.—
The Operation Walking Shield program shall resolve any
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conflicts among requests of Indian tribes for housing units
under subsection (a) before submitting requests to the
Secretary of the Air Force under subsection (b).
(d) INDIAN TRIBE DEFINED.—In this section, the
term ‘‘Indian tribe’’ means any recognized Indian tribe in-
cluded on the current list published by the Secretary of
the Interior under section 104 of the federally Recognized
Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat.
4792; 25 U.S.C. 479a–1).
SEC. 8040. During the current fiscal year, appropria-
tions which are available to the Department of Defense
for operation and maintenance may be used to purchase
items having an investment item unit cost of not more
than $100,000.
SEC. 8041. (a) During the current fiscal year, none
of the appropriations or funds available to the Department
of Defense Working Capital Funds shall be used for the
purchase of an investment item for the purpose of acquir-
ing a new inventory item for sale or anticipated sale dur-
ing the current fiscal year or a subsequent fiscal year to
customers of the Department of Defense Working Capital
Funds if such an item would not have been chargeable
to the Department of Defense Business Operations Fund
during fiscal year 1994 and if the purchase of such an
investment item would be chargeable during the current
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fiscal year to appropriations made to the Department of
Defense for procurement.
(b) The fiscal year 2004 budget request for the De-
partment of Defense as well as all justification material
and other documentation supporting the fiscal year 2004
Department of Defense budget shall be prepared and sub-
mitted to the Congress on the basis that any equipment
which was classified as an end item and funded in a pro-
curement appropriation contained in this Act shall be
budgeted for in a proposed fiscal year 2004 procurement
appropriation and not in the supply management business
area or any other area or category of the Department of
Defense Working Capital Funds.
SEC. 8042. None of the funds appropriated by this
Act for programs of the Central Intelligence Agency shall
remain available for obligation beyond the current fiscal
year, except for funds appropriated for the Reserve for
Contingencies, which shall remain available until Sep-
tember 30, 2004: Provided, That funds appropriated,
transferred, or otherwise credited to the Central Intel-
ligence Agency Central Services Working Capital Fund
during this or any prior or subsequent fiscal year shall
remain available until expended: Provided further, That
any funds appropriated or transferred to the Central Intel-
ligence Agency for agent operations and for covert action
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programs authorized by the President under section 503
of the National Security Act of 1947, as amended, shall
remain available until September 30, 2004.
SEC. 8043. Notwithstanding any other provision of
law, funds made available in this Act for the Defense In-
telligence Agency may be used for the design, develop-
ment, and deployment of General Defense Intelligence
Program intelligence communications and intelligence in-
formation systems for the Services, the Unified and Speci-
fied Commands, and the component commands.
SEC. 8044. Of the funds appropriated to the Depart-
ment of Defense under the heading ‘‘Operation and Main-
tenance, Defense-Wide’’, not less than $10,000,000 shall
be made available only for the mitigation of environmental
impacts, including training and technical assistance to
tribes, related administrative support, the gathering of in-
formation, documenting of environmental damage, and de-
veloping a system for prioritization of mitigation and cost
to complete estimates for mitigation, on Indian lands re-
sulting from Department of Defense activities.
SEC. 8045. Amounts collected for the use of the fa-
cilities of the National Science Center for Communications
and Electronics during the current fiscal year and here-
after pursuant to section 1459(g) of the Department of
Defense Authorization Act, 1986, and deposited to the
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special account established under subsection 1459(g)(2) of
that Act are appropriated and shall be available until ex-
pended for the operation and maintenance of the Center
as provided for in subsection 1459(g)(2).
SEC. 8046. (a) None of the funds appropriated in this
Act may be expended by an entity of the Department of
Defense unless the entity, in expending the funds, com-
plies with the Buy American Act. For purposes of this
subsection, the term ‘‘Buy American Act’’ means title III
of the Act entitled ‘‘An Act making appropriations for the
Treasury and Post Office Departments for the fiscal year
ending June 30, 1934, and for other purposes’’, approved
March 3, 1933 (41 U.S.C. 10a et seq.).
(b) If the Secretary of Defense determines that a per-
son has been convicted of intentionally affixing a label
bearing a ‘‘Made in America’’ inscription to any product
sold in or shipped to the United States that is not made
in America, the Secretary shall determine, in accordance
with section 2410f of title 10, United States Code, wheth-
er the person should be debarred from contracting with
the Department of Defense.
(c) In the case of any equipment or products pur-
chased with appropriations provided under this Act, it is
the sense of the Congress that any entity of the Depart-
ment of Defense, in expending the appropriation, purchase
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only American-made equipment and products, provided
that American-made equipment and products are cost-
competitive, quality-competitive, and available in a timely
fashion.
SEC. 8047. None of the funds appropriated by this
Act shall be available for a contract for studies, analysis,
or consulting services entered into without competition on
the basis of an unsolicited proposal unless the head of the
activity responsible for the procurement determines—
(1) as a result of thorough technical evaluation,
only one source is found fully qualified to perform
the proposed work;
(2) the purpose of the contract is to explore an
unsolicited proposal which offers significant sci-
entific or technological promise, represents the prod-
uct of original thinking, and was submitted in con-
fidence by one source; or
(3) the purpose of the contract is to take ad-
vantage of unique and significant industrial accom-
plishment by a specific concern, or to insure that a
new product or idea of a specific concern is given fi-
nancial support:
Provided, That this limitation shall not apply to contracts
in an amount of less than $25,000, contracts related to
improvements of equipment that is in development or pro-
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duction, or contracts as to which a civilian official of the
Department of Defense, who has been confirmed by the
Senate, determines that the award of such contract is in
the interest of the national defense.
SEC. 8048. (a) Except as provided in subsections (b)
and (c), none of the funds made available by this Act may
be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the
Armed Forces or civilian employee of the depart-
ment who is transferred or reassigned from a head-
quarters activity if the member or employee’s place
of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a mili-
tary department may waive the limitations in subsection
(a), on a case-by-case basis, if the Secretary determines,
and certifies to the Committees on Appropriations of the
House of Representatives and Senate that the granting
of the waiver will reduce the personnel requirements or
the financial requirements of the department.
(c) This section does not apply to field operating
agencies funded within the National Foreign Intelligence
Program.
SEC. 8049. Notwithstanding section 303 of Public
Law 96–487 or any other provision of law, the Secretary
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of the Navy is authorized to lease real and personal prop-
erty at Naval Air Facility, Adak, Alaska, pursuant to 10
U.S.C. 2667(f), for commercial, industrial or other pur-
poses: Provided, That notwithstanding any other provision
of law, the Secretary of the Navy may remove hazardous
materials from facilities, buildings, and structures at
Adak, Alaska, and may demolish or otherwise dispose of
such facilities, buildings, and structures.
(RESCISSIONS)
SEC. 8050. Of the funds provided in Department of
Defense Appropriations Acts, the following funds are here-
by rescinded from the following accounts and programs
in the specified amounts:
‘‘Aircraft
Procurement,
Army,
2002/2004’’,
$3,000,000;
‘‘Missile
Procurement,
Army,
2002/2004’’,
$28,350,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 2002/2004’’, $9,500,000;
‘‘Procurement of Ammunition, Army, 2002/
2004’’, $25,500,000;
‘‘Procurement,
Marine
Corps,
2002/2004’’,
$4,682,000;
‘‘Aircraft Procurement, Air Force, 2002/2004’’,
$23,500,000;
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‘‘Missile Procurement, Air Force, 2002/2004’’,
$26,900,000;
‘‘Research, Development, Test and Evaluation,
Army, 2002/2003’’, $2,500,000;
‘‘Research, Development, Test and Evaluation,
Navy, 2002/2003’’, $2,000,000; and
‘‘Research, Development, Test and Evaluation,
Air Force, 2002/2003’’, $67,000,000.
SEC. 8051. None of the funds available in this Act
may be used to reduce the authorized positions for mili-
tary (civilian) technicians of the Army National Guard,
the Air National Guard, Army Reserve and Air Force Re-
serve for the purpose of applying any administratively im-
posed civilian personnel ceiling, freeze, or reduction on
military (civilian) technicians, unless such reductions are
a direct result of a reduction in military force structure.
SEC. 8052. None of the funds appropriated or other-
wise made available in this Act may be obligated or ex-
pended for assistance to the Democratic People’s Republic
of North Korea unless specifically appropriated for that
purpose.
SEC. 8053. During the current fiscal year, funds ap-
propriated in this Act are available to compensate mem-
bers of the National Guard for duty performed pursuant
to a plan submitted by a Governor of a State and approved
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by the Secretary of Defense under section 112 of title 32,
United States Code: Provided, That during the perform-
ance of such duty, the members of the National Guard
shall be under State command and control: Provided fur-
ther, That such duty shall be treated as full-time National
Guard duty for purposes of sections 12602(a)(2) and
(b)(2) of title 10, United States Code.
SEC. 8054. Funds appropriated in this Act for oper-
ation and maintenance of the Military Departments, Com-
batant Commands and Defense Agencies shall be available
for reimbursement of pay, allowances and other expenses
which would otherwise be incurred against appropriations
for the National Guard and Reserve when members of the
National Guard and Reserve provide intelligence or coun-
terintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the
activities and programs included within the National For-
eign Intelligence Program (NFIP), the Joint Military In-
telligence Program (JMIP), and the Tactical Intelligence
and Related Activities (TIARA) aggregate: Provided, That
nothing in this section authorizes deviation from estab-
lished Reserve and National Guard personnel and training
procedures.
SEC. 8055. During the current fiscal year, none of
the funds appropriated in this Act may be used to reduce
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the civilian medical and medical support personnel as-
signed to military treatment facilities below the September
30, 2002 level: Provided, That the Service Surgeons Gen-
eral may waive this section by certifying to the congres-
sional defense committees that the beneficiary population
is declining in some catchment areas and civilian strength
reductions may be consistent with responsible resource
stewardship and capitation-based budgeting.
SEC. 8056. (a) LIMITATION ON PENTAGON RENOVA-
TION COSTS.—Not later than the date each year on which
the President submits to Congress the budget under sec-
tion 1105 of title 31, United States Code, the Secretary
of Defense shall submit to Congress a certification that
the total cost for the planning, design, construction, and
installation of equipment for the renovation of wedges 2
through 5 of the Pentagon Reservation, cumulatively, will
not exceed four times the total cost for the planning, de-
sign, construction, and installation of equipment for the
renovation of wedge 1.
(b) ANNUAL ADJUSTMENT.—For purposes of apply-
ing the limitation in subsection (a), the Secretary shall
adjust the cost for the renovation of wedge 1 by any in-
crease or decrease in costs attributable to economic infla-
tion, based on the most recent economic assumptions
issued by the Office of Management and Budget for use
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in preparation of the budget of the United States under
section 1104 of title 31, United States Code.
(c) EXCLUSION OF CERTAIN COSTS.—For purposes
of calculating the limitation in subsection (a), the total
cost for wedges 2 through 5 shall not include—
(1) any repair or reconstruction cost incurred
as a result of the terrorist attack on the Pentagon
that occurred on September 11, 2001;
(2) any increase in costs for wedges 2 through
5 attributable to compliance with new requirements
of Federal, State, or local laws; and
(3) any increase in costs attributable to addi-
tional security requirements that the Secretary of
Defense considers essential to provide a safe and se-
cure working environment.
(d) CERTIFICATION COST REPORTS.—As part of the
annual certification under subsection (a), the Secretary
shall report the projected cost (as of the time of the certifi-
cation) for—
(1) the renovation of each wedge, including the
amount adjusted or otherwise excluded for such
wedge under the authority of paragraphs (2) and (3)
of subsection (c) for the period covered by the cer-
tification; and
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(2) the repair and reconstruction of wedges 1
and 2 in response to the terrorist attack on the Pen-
tagon that occurred on September 11, 2001.
(e) DURATION OF CERTIFICATION REQUIREMENT.—
The requirement to make an annual certification under
subsection (a) shall apply until the Secretary certifies to
Congress that the renovation of the Pentagon Reservation
is completed.
SEC. 8057. Notwithstanding any other provision of
law, that not more than 35 percent of funds provided in
this Act for environmental remediation may be obligated
under indefinite delivery/indefinite quantity contracts with
a total contract value of $130,000,000 or higher.
SEC. 8058. (a) None of the funds available to the
Department of Defense for any fiscal year for drug inter-
diction or counter-drug activities may be transferred to
any other department or agency of the United States ex-
cept as specifically provided in an appropriations law.
(b) None of the funds available to the Central Intel-
ligence Agency for any fiscal year for drug interdiction
and counter-drug activities may be transferred to any
other department or agency of the United States except
as specifically provided in an appropriations law.
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(TRANSFER OF FUNDS)
SEC. 8059. Appropriations available in this Act under
the heading ‘‘Operation and Maintenance, Defense-Wide’’
for increasing energy and water efficiency in Federal
buildings may, during their period of availability, be trans-
ferred to other appropriations or funds of the Department
of Defense for projects related to increasing energy and
water efficiency, to be merged with and to be available
for the same general purposes, and for the same time pe-
riod, as the appropriation or fund to which transferred.
SEC. 8060. None of the funds appropriated by this
Act may be used for the procurement of ball and roller
bearings other than those produced by a domestic source
and of domestic origin: Provided, That the Secretary of
the military department responsible for such procurement
may waive this restriction on a case-by-case basis by certi-
fying in writing to the Committees on Appropriations of
the House of Representatives and the Senate, that ade-
quate domestic supplies are not available to meet Depart-
ment of Defense requirements on a timely basis and that
such an acquisition must be made in order to acquire ca-
pability for national security purposes: Provided further,
That this restriction shall not apply to the purchase of
‘‘commercial items’’, as defined by section 4(12) of the
Office of Federal Procurement Policy Act, except that the
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restriction shall apply to ball or roller bearings purchased
as end items.
SEC. 8061. Notwithstanding any other provision of
law, funds available to the Department of Defense shall
be made available to provide transportation of medical
supplies and equipment, on a nonreimbursable basis, to
American Samoa, and funds available to the Department
of Defense shall be made available to provide transpor-
tation of medical supplies and equipment, on a non-
reimbursable basis, to the Indian Health Service when it
is in conjunction with a civil-military project.
SEC. 8062. None of the funds in this Act may be
used to purchase any supercomputer which is not manu-
factured in the United States, unless the Secretary of De-
fense certifies to the congressional defense committees
that such an acquisition must be made in order to acquire
capability for national security purposes that is not avail-
able from United States manufacturers.
SEC. 8063. Notwithstanding any other provision of
law, the Naval shipyards of the United States shall be eli-
gible to participate in any manufacturing extension pro-
gram financed by funds appropriated in this or any other
Act.
SEC. 8064. Notwithstanding any other provision of
law, each contract awarded by the Department of Defense
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during the current fiscal year for construction or service
performed in whole or in part in a State (as defined in
section 381(d) of title 10, United States Code) which is
not contiguous with another State and has an unemploy-
ment rate in excess of the national average rate of unem-
ployment as determined by the Secretary of Labor, shall
include a provision requiring the contractor to employ, for
the purpose of performing that portion of the contract in
such State that is not contiguous with another State, indi-
viduals who are residents of such State and who, in the
case of any craft or trade, possess or would be able to
acquire promptly the necessary skills: Provided, That the
Secretary of Defense may waive the requirements of this
section, on a case-by-case basis, in the interest of national
security.
SEC. 8065. None of the funds made available in this
or any other Act may be used to pay the salary of any
officer or employee of the Department of Defense who ap-
proves or implements the transfer of administrative re-
sponsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction
of another Federal agency not financed by this Act with-
out the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds ex-
pressly provided for in Defense Appropriations Acts, or
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provisions of Acts providing supplemental appropriations
for the Department of Defense.
SEC. 8066. (a) LIMITATION ON TRANSFER OF DE-
FENSE ARTICLES AND SERVICES.—Notwithstanding any
other provision of law, none of the funds available to the
Department of Defense for the current fiscal year may be
obligated or expended to transfer to another nation or an
international organization any defense articles or services
(other than intelligence services) for use in the activities
described in subsection (b) unless the congressional de-
fense committees, the Committee on International Rela-
tions of the House of Representatives, and the Committee
on Foreign Relations of the Senate are notified 15 days
in advance of such transfer.
(b) COVERED ACTIVITIES.—This section applies to—
(1) any international peacekeeping or peace-en-
forcement operation under the authority of chapter
VI or chapter VII of the United Nations Charter
under the authority of a United Nations Security
Council resolution; and
(2) any other international peacekeeping, peace-
enforcement, or humanitarian assistance operation.
(c) REQUIRED NOTICE.—A notice under subsection
(a) shall include the following:
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(1) A description of the equipment, supplies, or
services to be transferred.
(2) A statement of the value of the equipment,
supplies, or services to be transferred.
(3) In the case of a proposed transfer of equip-
ment or supplies—
(A) a statement of whether the inventory
requirements of all elements of the Armed
Forces (including the reserve components) for
the type of equipment or supplies to be trans-
ferred have been met; and
(B) a statement of whether the items pro-
posed to be transferred will have to be replaced
and, if so, how the President proposes to pro-
vide funds for such replacement.
SEC. 8067. To the extent authorized by subchapter
VI of chapter 148 of title 10, United States Code, the
Secretary of Defense may issue loan guarantees in support
of United States defense exports not otherwise provided
for: Provided, That the total contingent liability of the
United States for guarantees issued under the authority
of this section may not exceed $15,000,000,000: Provided
further, That the exposure fees charged and collected by
the Secretary for each guarantee shall be paid by the
country involved and shall not be financed as part of a
HR 5010 RS
loan guaranteed by the United States: Provided further,
That the Secretary shall provide quarterly reports to the
Committees on Appropriations, Armed Services, and For-
eign Relations of the Senate and the Committees on Ap-
propriations, Armed Services, and International Relations
in the House of Representatives on the implementation of
this program: Provided further, That amounts charged for
administrative fees and deposited to the special account
provided for under section 2540c(d) of title 10, shall be
available for paying the costs of administrative expenses
of the Department of Defense that are attributable to the
loan guarantee program under subchapter VI of chapter
148 of title 10, United States Code.
SEC. 8068. None of the funds available to the De-
partment of Defense under this Act shall be obligated or
expended to pay a contractor under a contract with the
Department of Defense for costs of any amount paid by
the contractor to an employee when—
(1) such costs are for a bonus or otherwise in
excess of the normal salary paid by the contractor
to the employee; and
(2) such bonus is part of restructuring costs as-
sociated with a business combination.
SEC. 8069. (a) None of the funds appropriated or
otherwise made available in this Act may be used to trans-
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port or provide for the transportation of chemical muni-
tions or agents to the Johnston Atoll for the purpose of
storing or demilitarizing such munitions or agents.
(b) The prohibition in subsection (a) shall not apply
to any obsolete World War II chemical munition or agent
of the United States found in the World War II Pacific
Theater of Operations.
(c) The President may suspend the application of
subsection (a) during a period of war in which the United
States is a party.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8070. During the current fiscal year, no more
than $30,000,000 of appropriations made in this Act
under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ may be transferred to appropriations available for
the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations
to which transferred, to be used in support of such per-
sonnel in connection with support and services for eligible
organizations and activities outside the Department of De-
fense pursuant to section 2012 of title 10, United States
Code.
SEC. 8071. During the current fiscal year, in the case
of an appropriation account of the Department of Defense
for which the period of availability for obligation has ex-
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pired or which has closed under the provisions of section
1552 of title 31, United States Code, and which has a
negative unliquidated or unexpended balance, an obliga-
tion or an adjustment of an obligation may be charged
to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly
chargeable (except as to amount) to the expired or
closed account before the end of the period of avail-
ability or closing of that account;
(2) the obligation is not otherwise properly
chargeable to any current appropriation account of
the Department of Defense; and
(3) in the case of an expired account, the obli-
gation is not chargeable to a current appropriation
of the Department of Defense under the provisions
of section 1405(b)(8) of the National Defense Au-
thorization Act for Fiscal Year 1991, Public Law
101–510, as amended (31 U.S.C. 1551 note): Pro-
vided, That in the case of an expired account, if sub-
sequent review or investigation discloses that there
was not in fact a negative unliquidated or unex-
pended balance in the account, any charge to a cur-
rent account under the authority of this section shall
be reversed and recorded against the expired ac-
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count: Provided further, That the total amount
charged to a current appropriation under this sec-
tion may not exceed an amount equal to 1 percent
of the total appropriation for that account.
SEC. 8072. Funds appropriated in title II of this Act
and for the Defense Health Program in title VI of this
Act for supervision and administration costs for facilities
maintenance and repair, minor construction, or design
projects may be obligated at the time the reimbursable
order is accepted by the performing activity: Provided,
That for the purpose of this section, supervision and ad-
ministration costs includes all in-house Government cost.
SEC. 8073. During the current fiscal year, the Sec-
retary of Defense may waive reimbursement of the cost
of conferences, seminars, courses of instruction, or similar
educational activities of the Asia-Pacific Center for Secu-
rity Studies for military officers and civilian officials of
foreign nations if the Secretary determines that attend-
ance by such personnel, without reimbursement, is in the
national security interest of the United States: Provided,
That costs for which reimbursement is waived pursuant
to this section shall be paid from appropriations available
for the Asia-Pacific Center.
SEC. 8074. (a) Notwithstanding any other provision
of law, the Chief of the National Guard Bureau may per-
HR 5010 RS
mit the use of equipment of the National Guard Distance
Learning Project by any person or entity on a space-avail-
able, reimbursable basis. The Chief of the National Guard
Bureau shall establish the amount of reimbursement for
such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be
credited to funds available for the National Guard Dis-
tance Learning Project and be available to defray the costs
associated with the use of equipment of the project under
that subsection. Such funds shall be available for such
purposes without fiscal year limitation.
SEC. 8075. Using funds available by this Act or any
other Act, the Secretary of the Air Force, pursuant to a
determination under section 2690 of title 10, United
States Code, may implement cost-effective agreements for
required
heating
facility
modernization
in
the
Kaiserslautern Military Community in the Federal Repub-
lic
of
Germany:
Provided,
That
in
the
City
of
Kaiserslautern such agreements will include the use of
United States anthracite as the base load energy for mu-
nicipal district heat to the United States Defense installa-
tions: Provided further, That at Landstuhl Army Regional
Medical Center and Ramstein Air Base, furnished heat
may be obtained from private, regional or municipal serv-
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ices, if provisions are included for the consideration of
United States coal as an energy source.
SEC. 8076. None of the funds appropriated in title
IV of this Act may be used to procure end-items for deliv-
ery to military forces for operational training, operational
use or inventory requirements: Provided, That this restric-
tion does not apply to end-items used in development,
prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this
restriction does not apply to programs funded within the
National Foreign Intelligence Program: Provided further,
That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Represent-
atives and the Senate that it is in the national security
interest to do so.
SEC. 8077. None of the funds made available in this
Act may be used to approve or license the sale of the F–
22 advanced tactical fighter to any foreign government.
SEC. 8078. (a) The Secretary of Defense may, on a
case-by-case basis, waive with respect to a foreign country
each limitation on the procurement of defense items from
foreign sources provided in law if the Secretary determines
that the application of the limitation with respect to that
country would invalidate cooperative programs entered
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into between the Department of Defense and the foreign
country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under
section 2531 of title 10, United States Code, and the
country does not discriminate against the same or similar
defense items produced in the United States for that coun-
try.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on
or after the date of the enactment of this Act; and
(2) options for the procurement of items that
are exercised after such date under contracts that
are entered into before such date if the option prices
are adjusted for any reason other than the applica-
tion of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation re-
garding construction of public vessels, ball and roller bear-
ings, food, and clothing or textile materials as defined by
section 11 (chapters 50–65) of the Harmonized Tariff
Schedule and products classified under headings 4010,
4202, 4203, 6401 through 6406, 6505, 7019, 7218
through 7229, 7304.41 through 7304.49, 7306.40, 7502
through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
SEC. 8079. Funds made available to the Civil Air Pa-
trol in this Act under the heading ‘‘Drug Interdiction and
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Counter-Drug Activities, Defense’’ may be used for the
Civil Air Patrol Corporation’s counterdrug program, in-
cluding its demand reduction program involving youth
programs, as well as operational and training drug recon-
naissance missions for Federal, State, and local govern-
ment agencies; and for equipment needed for mission sup-
port or performance: Provided, That the Department of
the Air Force should waive reimbursement from the Fed-
eral, State, and local government agencies for the use of
these funds.
SEC. 8080. (a) PROHIBITION.—None of the funds
made available by this Act may be used to support any
training program involving a unit of the security forces
of a foreign country if the Secretary of Defense has re-
ceived credible information from the Department of State
that the unit has committed a gross violation of human
rights, unless all necessary corrective steps have been
taken.
(b) MONITORING.—The Secretary of Defense, in con-
sultation with the Secretary of State, shall ensure that
prior to a decision to conduct any training program re-
ferred to in subsection (a), full consideration is given to
all credible information available to the Department of
State relating to human rights violations by foreign secu-
rity forces.
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(c) WAIVER.—The Secretary of Defense, after con-
sultation with the Secretary of State, may waive the prohi-
bition in subsection (a) if he determines that such waiver
is required by extraordinary circumstances.
(d) REPORT.—Not more than 15 days after the exer-
cise of any waiver under subsection (c), the Secretary of
Defense shall submit a report to the congressional defense
committees describing the extraordinary circumstances,
the purpose and duration of the training program, the
United States forces and the foreign security forces in-
volved in the training program, and the information relat-
ing to human rights violations that necessitates the waiv-
er.
SEC. 8081. The Secretary of Defense, in coordination
with the Secretary of Health and Human Services, may
carry out a program to distribute surplus dental equip-
ment of the Department of Defense, at no cost to the De-
partment of Defense, to Indian health service facilities and
to federally-qualified health centers (within the meaning
of section 1905(l)(2)(B) of the Social Security Act (42
U.S.C. 1396d(l)(2)(B))).
SEC. 8082. The total amount appropriated in this Act
is hereby reduced by $615,000,000 to reflect savings from
favorable foreign currency fluctuations, to be derived as
follows:
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‘‘Military Personnel, Army’’, $154,000,000;
‘‘Military Personnel, Navy’’, $11,000,000;
‘‘Military
Personnel,
Marine
Corps’’,
$21,000,000;
‘‘Military Personnel, Air Force’’, $49,000,000;
‘‘Operation
and
Maintenance,
Army’’,
$189,000,000;
‘‘Operation
and
Maintenance,
Navy’’,
$40,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$3,000,000;
‘‘Operation
and
Maintenance,
Air
Force’’,
$80,000,000; and
‘‘Operation and Maintenance, Defense-Wide’’,
$68,000,000.
SEC. 8083. None of the funds appropriated or made
available in this Act to the Department of the Navy shall
be used to develop, lease or procure the T–AKE class of
ships unless the main propulsion diesel engines and
propulsors are manufactured in the United States by a
domestically operated entity: Provided, That the Secretary
of Defense may waive this restriction on a case-by-case
basis by certifying in writing to the Committees on Appro-
priations of the House of Representatives and the Senate
that adequate domestic supplies are not available to meet
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Department of Defense requirements on a timely basis
and that such an acquisition must be made in order to
acquire capability for national security purposes or there
exists a significant cost or quality difference.
SEC. 8084. None of the funds appropriated or other-
wise made available by this or other Department of De-
fense Appropriations Acts may be obligated or expended
for the purpose of performing repairs or maintenance to
military family housing units of the Department of De-
fense, including areas in such military family housing
units that may be used for the purpose of conducting offi-
cial Department of Defense business.
SEC. 8085. Notwithstanding any other provision of
law, funds appropriated in this Act under the heading
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’ for any advanced concept technology demonstration
project may only be obligated 30 days after a report, in-
cluding a description of the project and its estimated an-
nual and total cost, has been provided in writing to the
congressional defense committees: Provided, That the Sec-
retary of Defense may waive this restriction on a case-
by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
SEC. 8086. Notwithstanding any other provision of
law, for the purpose of establishing all Department of De-
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fense policies governing the provision of care provided by
and financed under the military health care system’s case
management program under 10 U.S.C. 1079(a)(17), the
term ‘‘custodial care’’ shall be defined as care designed
essentially to assist an individual in meeting the activities
of daily living and which does not require the supervision
of trained medical, nursing, paramedical or other specially
trained individuals: Provided, That the case management
program shall provide that members and retired members
of the military services, and their dependents and sur-
vivors, have access to all medically necessary health care
through the health care delivery system of the military
services regardless of the health care status of the person
seeking the health care: Provided further, That the case
management program shall be the primary obligor for pay-
ment of medically necessary services and shall not be con-
sidered as secondarily liable to title XIX of the Social Se-
curity Act, other welfare programs or charity based care.
SEC. 8087. During the current fiscal year, refunds
attributable to the use of the Government travel card, re-
funds attributable to the use of the Government Purchase
Card and refunds attributable to official Government trav-
el arranged by Government Contracted Travel Manage-
ment Centers may be credited to operation and mainte-
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nance accounts of the Department of Defense which are
current when the refunds are received.
SEC. 8088. (a) REGISTERING FINANCIAL MANAGE-
MENT INFORMATION TECHNOLOGY SYSTEMS WITH DOD
CHIEF INFORMATION OFFICER.—None of the funds ap-
propriated in this Act may be used for a mission critical
or mission essential financial management information
technology system (including a system funded by the de-
fense working capital fund) that is not registered with the
Chief Information Officer of the Department of Defense.
A system shall be considered to be registered with that
officer upon the furnishing to that officer of notice of the
system, together with such information concerning the
system as the Secretary of Defense may prescribe. A fi-
nancial management information technology system shall
be considered a mission critical or mission essential infor-
mation technology system as defined by the Under Sec-
retary of Defense (Comptroller).
(b) CERTIFICATIONS AS TO COMPLIANCE WITH FI-
NANCIAL
MANAGEMENT
MODERNIZATION
PLAN.—(1)
During the current fiscal year, a financial management
major automated information system may not receive
Milestone A approval, Milestone B approval, or full rate
production, or their equivalent, within the Department of
Defense until the Under Secretary of Defense (Comp-
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troller) certifies, with respect to that milestone, that the
system is being developed and managed in accordance with
the Department’s Financial Management Modernization
Plan. The Under Secretary of Defense (Comptroller) may
require additional certifications, as appropriate, with re-
spect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1).
(c)
CERTIFICATIONS
AS
TO
COMPLIANCE
WITH
CLINGER-COHEN ACT.—(1) During the current fiscal
year, a major automated information system may not re-
ceive Milestone A approval, Milestone B approval, or full
rate production approval, or their equivalent, within the
Department of Defense until the Chief Information Offi-
cer certifies, with respect to that milestone, that the sys-
tem is being developed in accordance with the Clinger-
Cohen Act of 1996 (40 U.S.C. 1401 et seq.). The Chief
Information Officer may require additional certifications,
as appropriate, with respect to any such system.
(2) The Chief Information Officer shall provide the
congressional defense committees timely notification of
certifications under paragraph (1). Each such notification
shall include, at a minimum, the funding baseline and
milestone schedule for each system covered by such a cer-
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tification and confirmation that the following steps have
been taken with respect to the system:
(A) Business process reengineering.
(B) An analysis of alternatives.
(C) An economic analysis that includes a cal-
culation of the return on investment.
(D) Performance measures.
(E) An information assurance strategy con-
sistent with the Department’s Global Information
Grid.
(d) DEFINITIONS.—For purposes of this section:
(1)
The
term
‘‘Chief
Information
Officer’’
means the senior official of the Department of De-
fense designated by the Secretary of Defense pursu-
ant to section 3506 of title 44, United States Code.
(2) The term ‘‘information technology system’’
has the meaning given the term ‘‘information tech-
nology’’ in section 5002 of the Clinger-Cohen Act of
1996 (40 U.S.C. 1401).
(3) The term ‘‘major automated information
system’’ has the meaning given that term in Depart-
ment of Defense Directive 5000.1.
SEC. 8089. During the current fiscal year, none of
the funds available to the Department of Defense may be
used to provide support to another department or agency
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of the United States if such department or agency is more
than 90 days in arrears in making payment to the Depart-
ment of Defense for goods or services previously provided
to such department or agency on a reimbursable basis:
Provided, That this restriction shall not apply if the de-
partment is authorized by law to provide support to such
department or agency on a nonreimbursable basis, and is
providing the requested support pursuant to such author-
ity: Provided further, That the Secretary of Defense may
waive this restriction on a case-by-case basis by certifying
in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the
national security interest to do so.
SEC. 8090. None of the funds provided in this Act
may be used to transfer to any nongovernmental entity
ammunition held by the Department of Defense that has
a center-fire cartridge and a United States military no-
menclature designation of ‘‘armor penetrator’’, ‘‘armor
piercing (AP)’’, ‘‘armor piercing incendiary (API)’’, or
‘‘armor-piercing incendiary-tracer (API–T)’’, except to an
entity performing demilitarization services for the Depart-
ment of Defense under a contract that requires the entity
to demonstrate to the satisfaction of the Department of
Defense that armor piercing projectiles are either: (1) ren-
dered incapable of reuse by the demilitarization process;
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or (2) used to manufacture ammunition pursuant to a con-
tract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Per-
manent Export of Unclassified Military Articles issued by
the Department of State.
SEC. 8091. Notwithstanding any other provision of
law, the Chief of the National Guard Bureau, or his des-
ignee, may waive payment of all or part of the consider-
ation that otherwise would be required under 10 U.S.C.
2667, in the case of a lease of personal property for a
period not in excess of 1 year to any organization specified
in 32 U.S.C. 508(d), or any other youth, social, or fra-
ternal non-profit organization as may be approved by the
Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
SEC. 8092. None of the funds appropriated by this
Act shall be used for the support of any nonappropriated
funds activity of the Department of Defense that procures
malt beverages and wine with nonappropriated funds for
resale (including such alcoholic beverages sold by the
drink) on a military installation located in the United
States unless such malt beverages and wine are procured
within that State, or in the case of the District of Colum-
bia, within the District of Columbia, in which the military
installation is located: Provided, That in a case in which
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the military installation is located in more than one State,
purchases may be made in any State in which the installa-
tion is located: Provided further, That such local procure-
ment requirements for malt beverages and wine shall
apply to all alcoholic beverages only for military installa-
tions in States which are not contiguous with another
State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and
the District of Columbia shall be procured from the most
competitive source, price and other factors considered.
SEC. 8093. During the current fiscal year, under reg-
ulations prescribed by the Secretary of Defense, the Cen-
ter of Excellence for Disaster Management and Humani-
tarian Assistance may also pay, or authorize payment for,
the expenses of providing or facilitating education and
training for appropriate military and civilian personnel of
foreign countries in disaster management, peace oper-
ations, and humanitarian assistance.
SEC. 8094. (a) The Department of Defense is author-
ized to enter into agreements with the Veterans Adminis-
tration and federally-funded health agencies providing
services to Native Hawaiians for the purpose of estab-
lishing a partnership similar to the Alaska Federal Health
Care Partnership, in order to maximize Federal resources
in the provision of health care services by federally-funded
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health agencies, applying telemedicine technologies. For
the purpose of this partnership, Native Hawaiians shall
have the same status as other Native Americans who are
eligible for the health care services provided by the Indian
Health Service.
(b) The Department of Defense is authorized to de-
velop a consultation policy, consistent with Executive
Order No. 13084 (issued May 14, 1998), with Native Ha-
waiians for the purpose of assuring maximum Native Ha-
waiian participation in the direction and administration of
governmental services so as to render those services more
responsive to the needs of the Native Hawaiian commu-
nity.
(c) For purposes of this section, the term ‘‘Native
Hawaiian’’ means any individual who is a descendant of
the aboriginal people who, prior to 1778, occupied and ex-
ercised sovereignty in the area that now comprises the
State of Hawaii.
SEC. 8095. Of the amounts appropriated in this Act
for the Arrow missile defense program under the heading
‘‘Research, Development, Test and Evaluation, Defense-
Wide’’, $131,700,000 shall be made available for the pur-
pose of continuing the Arrow System Improvement Pro-
gram (ASIP), continuing ballistic missile defense inter-
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operability with Israel, and continuing development of an
Arrow production capability in the United States.
SEC. 8096. Funds available to the Department of De-
fense for the Global Positioning System during the current
fiscal year may be used to fund civil requirements associ-
ated with the satellite and ground control segments of
such system’s modernization program.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8097. Of the amounts appropriated in this Act
under the heading, ‘‘Operation and Maintenance, Defense-
Wide’’, $68,000,000 shall remain available until expended:
Provided, That notwithstanding any other provision of
law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government.
SEC. 8098. Section 8106 of the Department of De-
fense Appropriations Act, 1997 (titles I through VIII of
the matter under subsection 101(b) of Public Law 104–
208; 110 Stat. 3009–111; 10 U.S.C. 113 note) shall con-
tinue in effect to apply to disbursements that are made
by the Department of Defense in fiscal year 2003.
SEC. 8099. In addition to amounts provided in this
Act, $2,000,000 is hereby appropriated for ‘‘Defense
Health Program’’, to remain available for obligation until
expended: Provided, That notwithstanding any other pro-
vision of law, these funds shall be available only for a
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grant to the Fisher House Foundation, Inc., only for the
construction and furnishing of additional Fisher Houses
to meet the needs of military family members when con-
fronted with the illness or hospitalization of an eligible
military beneficiary.
SEC. 8100. The total amount appropriated in Title
II of this Act is hereby reduced by $51,000,000, to reflect
savings attributable to improvements in the management
of advisory and assistance services contracted by the mili-
tary departments, to be derived as follows:
‘‘Operation
and
Maintenance,
Army’’,
$11,000,000;
‘‘Operation
and
Maintenance,
Navy’’,
$10,000,000; and
‘‘Operation
and
Maintenance,
Air
Force’’,
$30,000,000.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8101. Of the amounts appropriated in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy,’’
$644,899,000 shall be available until September 30, 2003,
to fund prior year shipbuilding cost increases: Provided,
That upon enactment of this Act, the Secretary of Defense
shall transfer such funds to the following appropriations
in the amount specified: Provided further, That the
amounts transferred shall be merged with and shall be
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available for the same purposes as the appropriations to
which transferred:
To:
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1996/2003’’:
LPD–17 Amphibious Transport Dock Ship
Program, $232,681,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1998/2003’’:
DDG–51
Destroyer
Program,
$47,400,000;
New SSN, $156,682,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 1999/2003’’:
LPD–17 Amphibious Transport Dock Ship
Program, $10,000,000;
DDG–51
Destroyer
Program,
$56,736,000;
New SSN, $120,000,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 2000/2003’’:
DDG–51
Destroyer
Program,
$21,200,000;
Under
the
heading,
‘‘Shipbuilding
and
Conversion, Navy, 2001/2008’’:
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DDG–51 Destroyer Program, $200,000.
SEC. 8102. The Secretary of the Navy may settle,
or compromise, and pay any and all admiralty claims
under 10 U.S.C. 7622 arising out of the collision involving
the U.S.S. GREENEVILLE and the EHIME MARU, in
any amount and without regard to the monetary limita-
tions in subsections (a) and (b) of that section: Provided,
That such payments shall be made from funds available
to the Department of the Navy for operation and mainte-
nance.
SEC. 8103. The total amount appropriated in Title
II of this Act is hereby reduced by $97,000,000, to reflect
savings attributable to improved supervision in deter-
mining appropriate purchases to be made using the Gov-
ernment purchase card, to be derived as follows:
‘‘Operation
and
Maintenance,
Army’’,
$24,000,000;
‘‘Operation
and
Maintenance,
Navy’’,
$29,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$3,000,000;
‘‘Operation
and
Maintenance,
Air
Force’’,
$27,000,000; and
‘‘Operation and Maintenance, Defense-Wide’’,
$14,000,000.
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SEC. 8104. Funds provided for the current fiscal year
or hereafter for Operation and Maintenance for the Armed
Forces may be used, notwithstanding any other provision
of law, for the purchase of ultralightweight camouflage net
systems as unit spares.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8105. During the current fiscal year and here-
after, notwithstanding any other provision of law, the Sec-
retary
of
Defense
may
transfer
not
more
than
$20,000,000 of unobligated balances remaining in a Re-
search, Development, Test and Evaluation, Army appro-
priation account during the last fiscal year before the ac-
count closes under section 1552 of title 31 United States
Code, to a current Research, Development, Test and Eval-
uation, Army appropriation account to be used only for
the continuation of the Venture Capital Fund demonstra-
tion, as originally approved in Section 8150 of Public Law
107–117, to pursue high payoff technology and innova-
tions in science and technology: Provided, That any such
transfer shall be made not later than July 31 of each year:
Provided further, That funds so transferred shall be
merged with and shall be available for the same purposes
and for the same time period as the appropriation to which
transferred: Provided further, That the transfer authority
provided in this section is in addition to any other transfer
authority available to the Department of Defense: Pro-
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vided further, That, no funds for programs, projects, or
activities designated as special congressional interest items
in DD Form 1414 shall be eligible for transfer under the
authority of this section: Provided further, That any unob-
ligated balances transferred under this authority may be
restored to the original appropriation if required to cover
unexpected upward adjustments: Provided further, That
the Secretary of the Army shall provide an annual report
to the House and Senate Appropriations Committees no
later than 15 days prior to the annual transfer of funds
under authority of this section describing the sources and
amounts of funds proposed to be transfered, summarizing
the projects funded under this demonstration program (in-
cluding the name and location of project sponsors) to date,
a description of the major program accomplishments to
date, and an overall assessment of the benefits of this
demonstration program compared to the goals expressed
in the legislative history accompanying Section 8150 of
Public Law 107–117.
SEC. 8106. Notwithstanding any other provision of
law or regulation, the Secretary of Defense may exercise
the provisions of 38 U.S.C. 7403(g) for occupations listed
in 38 U.S.C. 7403(a)(2) as well as the following:
Pharmacists, Audiologists, and Dental Hygien-
ists.
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(A)
The
requirements
of
U.S.C.
7403(g)(1)(A) shall apply.
(B)
The
limitations
of
U.S.C.
7403(g)(1)(B) shall not apply.
SEC. 8107. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for intel-
ligence activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the Na-
tional Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2003 until the enactment of the Intelligence Author-
ization Act for fiscal year 2003.
SEC. 8108. Section 1111(c) of title 10 is amended
in the first sentence by striking ‘‘may’’ after the Secretary
of Defense and inserting ‘‘shall’’ after the Secretary of De-
fense.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8109. During the current fiscal year, amounts
in or credited to the Defense Cooperation Account under
10 U.S.C. 2608(b) are hereby appropriated and shall be
available for obligation and expenditure consistent with
the purposes for which such amounts were contributed and
accepted for transfer by the Secretary of Defense to such
appropriations or funds of the Department of Defense as
the Secretary shall determine, to be merged with and to
be available for the same purposes and for the same time
period as the appropriation or fund to which transferred:
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Provided, That the Secretary shall provide written notifi-
cation to the congressional defense committees 30 days
prior to such transfer: Provided further, That the Sec-
retary of Defense shall report to the Congress quarterly
all transfers made pursuant to this authority: Provided
further, That this transfer authority is in addition to any
other transfer authority available to the Department of
Defense.
SEC. 8110. Notwithstanding section 1116(c) of title
10, United States Code, payments into the Department
of Defense Medicare-Eligible Retiree Health Care Fund
for fiscal year 2003 under section 1116(a) of such title
shall be made from funds available in this Act for the pay
of military personnel.
SEC. 8111. None of the funds in this Act may be
used to initiate a new start program without prior notifica-
tion to the Office of Secretary of Defense and the congres-
sional defense committees.
SEC. 8112. The amount appropriated in title II of
this Act is hereby reduced by $470,000,000 to reflect
Working Capital Fund cash balance and rate stabilization
adjustments, to be derived as follows:
‘‘Operation
and
Maintenance,
Navy’’,
$440,000,000; and
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‘‘Operation
and
Maintenance,
Air
Force’’,
$30,000,000.
SEC. 8113. Notwithstanding any other provision in
this Act, the total amount appropriated in this Act is here-
by reduced by $475,000,000, to reduce excess funded car-
ryover, to be derived as follows:
‘‘Operation
and
Maintenance,
Army’’,
$48,000,000;
‘‘Operation
and
Maintenance,
Navy’’,
$285,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$8,000,000; and
‘‘Operation
and
Maintenance,
Air
Force’’,
$134,000,000.
SEC. 8114. Notwithstanding any other provision of
law, none of the funds appropriated or otherwise made
available by this or any other appropriations Acts may be
obligated for the purpose of transferring the Medical Free
Electron Laser (MFEL) Program from the Department
of Defense to any other Government agency.
SEC. 8115. (a) In addition to the amounts provided
elsewhere in this Act, the amount of $4,000,000 is hereby
appropriated to the Department of Defense for ‘‘Oper-
ation and Maintenance, Army National Guard’’. Such
amount shall be made available to the Secretary of the
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Army only to make a grant in the amount of $4,000,000
to the entity specified in subsection (b) to facilitate access
by veterans to opportunities for skilled employment in the
construction industry.
(b) The entity referred to in subsection (a) is the
Center for Military Recruitment, Assessment and Vet-
erans Employment, a nonprofit labor-management co-op-
eration committee provided for by section 302(c)(9) of the
Labor-Management
Relations
Act,
1947
(29
U.S.C.
186(c)(9)), for the purposes set forth in section 6(b) of
the Labor Management Cooperation Act of 1978 (29
U.S.C. 175a note).
SEC. 8116. (a) During the current fiscal year, funds
available to the Secretary of a military department for Op-
eration and Maintenance may be used for the purposes
stated in subsection (b) to support chaplain-led programs
to assist members of the Armed Forces and their imme-
diate family members in building and maintaining a
strong family structure.
(b) The purposes referred to in subsection (a) are
costs of transportation, food, lodging, supplies, fees, and
training materials for members of the Armed Forces and
their family members while participating in such pro-
grams, including participation at retreats and conferences.
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SEC. 8117. (a) COMMISSION
ON ADEQUACY
OF
ARMED FORCES TRAINING FACILITIES.—The Secretary
of Defense shall establish an advisory committee under
section 173 of title 10, United States Code, to assess the
availability of adequate training facilities for the Armed
Forces in the United States and overseas and the adverse
impact of residential and industrial encroachment, re-
quirements of environmental laws, and other factors on
military training and the coordination of military training
among the United States and its allies.
(b) MEMBERS.—The advisory committee shall be
composed of persons who are not active-duty members of
the Armed Forces or officers or employees of the Depart-
ment of Defense.
(c) REPORT.—Not later than July 31, 2003, the advi-
sory committee shall submit to the Secretary of Defense
and the congressional defense committees a report con-
taining the results of the assessment and such rec-
ommendations as the committee considers necessary.
(d) FUNDING.—Funds for the activities of the advi-
sory committee shall be provided from amounts appro-
priated for operation and maintenance for Defense-Wide
activities for fiscal year 2003.
SEC. 8118. (a) LIMITATION ON ADDITIONAL NMCI
CONTRACT WORK STATIONS.—Notwithstanding section
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814 of the Floyd D. Spence National Defense Authoriza-
tion Act for Fiscal Year 2001 (as enacted into law by Pub-
lic Law 106–398; 114 Stat. 1654A–215) or any other pro-
vision of law, the total number of work stations provided
under the Navy-Marine Corps Intranet contract (as de-
fined in subsection (i) of such section 814) may not exceed
160,000 work stations until the Under Secretary of De-
fense for Acquisition, Technology, and Logistics and the
Chief Information Officer of the Department of Defense
certify to the congressional defense committees that all of
the conditions specified in subsection (b) have been satis-
fied.
(b) CONDITIONS.—The conditions referred to in sub-
section (a) are the following:
(1) There is a full transition of not less than
20,000 work stations to the Navy-Marine Corps
Intranet.
(2) Those work stations undergo operational
test and evaluation—
(A) to evaluate and demonstrate the ability
of the infrastructure and services of the Navy-
Marine Corps Intranet to support Department
of the Navy operational, office, and business
functionality and processes; and
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(B) to evaluate the effectiveness and suit-
ability of the Navy-Marine Corps Intranet to
support accomplishment of Navy and Marine
Corps missions.
(3) The Director of Operational Test and Eval-
uation of the Department of Defense completes an
assessment of the operational test and evaluation
and provides the results of the assessment and rec-
ommendations to the Under Secretary of Defense for
Acquisition, Technology, and Logistics and the Chief
Information Officer of the Department of Defense.
(4) The Under Secretary of Defense for Acqui-
sition, Technology, and Logistics and the Chief In-
formation Officer of the Department of Defense de-
termine that the results of the test and evaluation
are acceptable.
SEC. 8119. None of the funds in this Act, excluding
funds provided for advance procurement of fiscal year
2004 aircraft, may be obligated for acquisition of more
than 16 F–22 aircraft until the Under Secretary of De-
fense for Acquisition, Technology, and Logistics has pro-
vided to the congressional defense committees:
(a) A formal risk assessment which identifies and
characterizes the potential cost, technical, schedule or
other significant risks resulting from increasing the F–22
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procurement quantities prior to the conclusion of Dedi-
cated Initial Operational Test and Evaluation (DIOT&E)
of the aircraft: Provided, That such risk assessment shall
evaluate based on the best available current information
(1) the range of potential additional program costs (com-
pared to the program costs assumed in the President’s fis-
cal year 2003 budget) that could result from retrofit modi-
fications to F–22 production aircraft that are placed
under contract or delivered to the government prior to the
conclusion of DIOT&E and (2) a cost-benefit analysis
comparing, in terms of unit cost and total program cost,
the cost advantages of increasing aircraft production at
this time to the potential cost of retrofitting production
aircraft once DIOT&E has been completed;
(b) Certification that any future retrofit costs to F–
22 production aircraft, ordered or delivered prior to the
conclusion of DIOT&E, that result from changes required
from developmental or operational test and evaluation will
not increase the total F–22 program cost as estimated in
the President’s fiscal year 2003 budget; and
(c) Certification that increasing the F–22 production
quantity for fiscal year 2003 beyond 16 airplanes involves
lower risk and lower total program cost than staying at
that quantity, or he submits a revised production plan,
funding plan and test schedule.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 8120. Section 305(a) of the Emergency Supple-
mental Act, 2002 (division B of Public Law 107–117; 115
Stat. 2300), is amended by adding at the end the following
new sentences: ‘‘From amounts transferred to the Pen-
tagon Reservation Maintenance Revolving Fund pursuant
to the preceding sentence, not to exceed $305,000,000
may be transferred to the Defense Emergency Response
Fund, but only in amounts necessary to reimburse that
fund (and the category of that fund designated as ‘Pen-
tagon Repair/Upgrade’) for expenses charged to that fund
(and that category) between September 11, 2001, and
January 10, 2002, for reconstruction costs of the Pen-
tagon Reservation. Funds transferred to the Defense
Emergency Response Fund pursuant to this section shall
be available only for reconstruction, recovery, force protec-
tion, or security enhancements for the Pentagon Reserva-
tion.’’.
SEC. 8121. (a) TERMINATION OF CRUSADER ARTIL-
LERY SYSTEM.—Consistent with the budget amendment
to the fiscal year 2003 President’s Budget submitted to
Congress on May 29, 2002, for termination of the Cru-
sader Artillery System, the Department of Defense is au-
thorized to terminate the Crusader program. Such termi-
nation shall be carried out in a prudent and deliberate
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manner in order to provide for the orderly termination of
the program.
(b) ACCELERATION OF OTHER INDIRECT FIRE SYS-
TEMS.—Of the funds appropriated or otherwise made
available in this Act, under the heading ‘‘Research, Devel-
opment, Test, and Evaluation, Army’’, $305,109,000 shall
be available only to accelerate the development, dem-
onstration, and fielding of indirect fire platforms, preci-
sion munitions, and related technology.
(c) ACCELERATION OF OBJECTIVE FORCE ARTIL-
LERY AND RESUPPLY SYSTEMS.—(1) Immediately upon
termination of the Crusader Artillery System program, the
Department of the Army shall enter into a contract to le-
verage technologies developed with funds invested in fiscal
year 2002 and prior years under the Crusader Artillery
System program, the Future Scout and Cavalry System
program, the Composite Armored Vehicle program, and
other Army development programs in order to develop and
field, by 2008, a Non-Line of Sight (NLOS) Objective
Force artillery system and Resupply Vehicle variants of
the Future Combat System.
(2) Of the funds appropriated or otherwise made
available in this Act under the heading ‘‘Research, Devel-
opment, Test, and Evaluation, Army’’, $368,500,000 is
available only for the Objective Force Indirect Fire Sys-
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tems for the Army to implement this subsection: Provided,
That none of the funds in this or any other Act shall be
available for research, development, test, or evaluation of
any Objective Force or Future Combat System indirect
fire system until the Secretary of the Army has submitted
a written certification to the congressional defense com-
mittees that a contract has been awarded pursuant to sub-
section (c)(1) containing a program plan and schedule for
production and fielding a Future Combat System Non-
Line of Sight Objective Force artillery system and Resup-
ply Vehicle variants by 2008.
SEC. 8122. None of the funds made available in this
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriations Act.
SEC. 8123. Of the total amount appropriated pursu-
ant to this Act for any component of the Department of
Defense that the Director of the Office of Management
and Budget has identified (as of the date of the enactment
of this Act) under subsection (c) of section 3515 of title
31, United States Code, as being required to have audited
financial statements meeting the requirements of sub-
section (b) of that section, not more than 99 percent may
be obligated until the Inspector General of the Depart-
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ment of Defense submits an audit of that component pur-
suant to section 3521(e) of title 31, United States Code.
SEC. 8124. None of the funds provided in this Act
may be used to relocate the headquarters of the United
States Army, South, from Fort Buchanan, Puerto Rico,
to a location in the continental United States.
This Act may be cited as the ‘‘Department of Defense
Appropriations Act, 2003’’.
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2003, for military func-
tions administered by the Department of Defense, and for
other purposes, namely:
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Army on active
duty (except members of reserve components provided for
elsewhere), cadets, and aviation cadets; and for payments
pursuant to section 156 of Public Law 97–377, as amended
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(42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $26,939,792,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Navy on active
duty (except members of the Reserve provided for elsewhere),
midshipmen, and aviation cadets; and for payments pursu-
ant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Mili-
tary Retirement Fund, $21,975,201,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Marine Corps
on active duty (except members of the Reserve provided for
elsewhere); and for payments pursuant to section 156 of
Public Law 97–377, as amended (42 U.S.C. 402 note), and
to the Department of Defense Military Retirement Fund,
$8,507,187,000.
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MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence,
interest on deposits, gratuities, permanent change of station
travel (including all expenses thereof for organizational
movements), and expenses of temporary duty travel between
permanent duty stations, for members of the Air Force on
active duty (except members of reserve components provided
for elsewhere), cadets, and aviation cadets; and for pay-
ments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of
Defense Military Retirement Fund, $22,036,405,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement
Fund, $3,402,055,000.
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RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for mem-
bers of the Reserve Officers’ Training Corps, and expenses
authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $1,918,352,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title
10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty, and for members of the Marine Corps platoon
leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the De-
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partment 
of 
Defense 
Military 
Retirement 
Fund,
$554,383,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and
8038 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in sec-
tion 12310(a) of title 10, United States Code, or while un-
dergoing reserve training, or while performing drills or
equivalent duty or other duty, and for members of the Air
Reserve Officers’ Training Corps, and expenses authorized
by section 16131 of title 10, United States Code; and for
payments to the Department of Defense Military Retire-
ment Fund, $1,237,504,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Na-
tional Guard while on duty under section 10211, 10302,
or 12402 of title 10 or section 708 of title 32, United States
Code, or while serving on duty under section 12301(d) of
title 10 or section 502(f) of title 32, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
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going training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$5,128,588,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Na-
tional Guard on duty under section 10211, 10305, or 12402
of title 10 or section 708 of title 32, United States Code,
or while serving on duty under section 12301(d) of title 10
or section 502(f) of title 32, United States Code, in connec-
tion with performing duty specified in section 12310(a) of
title 10, United States Code, or while undergoing training,
or while performing drills or equivalent duty or other duty,
and expenses authorized by section 16131 of title 10, United
States Code; and for payments to the Department of Defense
Military Retirement Fund, $2,126,061,000.
TITLE II
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for
the operation and maintenance of the Army, as authorized
by law; and not to exceed $10,818,000 can be used for emer-
gencies and extraordinary expenses, to be expended on the
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vices; expansion of public and private plants, including the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,585,672,000, to remain available for obligation until
September 30, 2005.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
For construction, procurement, production, and modi-
fication of weapons and tracked combat vehicles, equipment,
including ordnance, spare parts, and accessories therefor;
specialized equipment and training devices; expansion of
public and private plants, including the land necessary
therefor, for the foregoing purposes, and such lands and in-
terests therein, may be acquired, and construction pros-
ecuted thereon prior to approval of title; and procurement
and installation of equipment, appliances, and machine
tools in public and private plants; reserve plant and Gov-
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
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quisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction
prosecuted thereon prior to approval of title; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes in-
cluding rents and transportation of things, $3,364,639,000,
to remain available for obligation until September 30,
2005.
PROCUREMENT OF AMMUNITION, AIR FORCE
For construction, procurement, production, and modi-
fication of ammunition, and accessories therefor; specialized
equipment and training devices; expansion of public and
private plants, including ammunition facilities authorized
by section 2854 of title 10, United States Code, and the
land necessary therefor, for the foregoing purposes, and such
lands and interests therein, may be acquired, and construc-
tion prosecuted thereon prior to approval of title; and pro-
curement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
and other expenses necessary for the foregoing purposes,
$1,281,864,000, to remain available for obligation until
September 30, 2005.