In the House of Representatives, U. S.,
July 25, 2002.
Resolved, That the House agree to the amendment of the
Senate to the bill (H.R. 4546) entitled ‘‘An Act to authorize
appropriations for fiscal year 2003 for military activities of
the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe
personnel strengths for such fiscal year for the Armed
Forces, and for other purposes’’, with the following
HOUSE AMENDMENT TO SENATE AMENDMENT:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE; FINDINGS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Bob
Stump National Defense Authorization Act for Fiscal Year
2003’’.
(b) FINDINGS.—Congress makes the following findings:
(1) Representative Bob Stump of Arizona was
elected to the House of Representatives in 1976 for
service in the 95th Congress, after serving in the Ari-
zona legislature for 18 years and serving as President
of the Arizona State Senate from 1975 to 1976, and
he has been reelected to each subsequent Congress.
(2) A World War II combat veteran, Representa-
tive Stump entered service in the United States Navy
in 1943, just after his 16th birthday, and served
aboard the USS LUNGA POINT and the USS
TULAGI, which participated in the invasions of
Luzon, Iwo Jima, and Okinawa.
(3) Representative Stump was elected to the
Committee on Armed Services in 1978 and has served
on nearly all of its subcommittees and panels during
25 years of distinguished service on the committee. He
has served as chairman of the committee during the
107th Congress and has championed United States
national security as the paramount function of the
Federal Government.
(4) Also serving on the Committee on Veterans’
Affairs of the House of Representatives, chairing that
committee from 1995 to 2000, and serving on the Per-
manent Select Committee on Intelligence of the House
of Representatives, including service as the ranking
minority member in 1985 and 1986, Representative
Stump has dedicated his entire congressional career
to steadfastly supporting America’s courageous men
and women in uniform both on and off the battlefield.
(5) Representative Stump’s tireless efforts on be-
half of those in the military and veterans have been
recognized with numerous awards for outstanding
service from active duty and reserve military, vet-
erans’ service, military retiree, and industry organi-
zations.
(6) During his tenure as chairman of the Com-
mittee on Armed Services of the House of Representa-
tives, Representative Stump has—
(A) overseen the largest sustained increase
to defense spending since the Reagan adminis-
tration;
(B) led efforts to improve the quality of
military life, including passage of the largest
military pay raise since 1982;
(C) supported military retirees, including
efforts to reverse concurrent receipt law and to
save the Armed Forces Retirement Homes;
(D) championed military readiness by de-
fending military access to critical training fa-
cilities such Vieques, Puerto Rico, expanding the
National Training Center at Ft. Irwin, Cali-
fornia, and working to restore balance between
environmental concerns and military readiness
requirements;
(E) reinvigorated efforts to defend America
against ballistic missiles by supporting an in-
crease in fiscal year 2002 of nearly 50 percent
above the fiscal year 2001 level for missile de-
fense programs; and
(F) honored America’s war heroes by ex-
panding Arlington National Cemetery, estab-
lishing a site for the Air Force Memorial, and
assuring construction of the World War II Me-
morial.
(7) In recognition of his long record of accom-
plishments in enhancing the national security of the
United States and his legislative victories on behalf of
active duty service members, reservists, guardsmen,
and veterans, it is altogether fitting and proper that
this Act be named in honor of Representative Bob
Stump of Arizona, as provided in subsection (a).
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF
CONTENTS.
(a) DIVISIONS.—This Act is organized into three divi-
sions as follows:
(1) Division A—Department of Defense Author-
izations.
(2) Division B—Military Construction Author-
izations.
(3) Division C—Department of Energy National
Security Authorizations and Other Authorizations.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; findings.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees defined.
DIVISION A—DEPARTMENT OF DEFENSE
AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of Appropriations
Sec. 101. Army.
Sec. 102. Navy and Marine Corps.
Sec. 103. Air Force.
Sec. 104. Defense-wide activities.
Sec. 105. Defense Inspector General.
Sec. 106. Chemical demilitarization program.
Sec. 107. Defense health programs.
Subtitle B—Navy Programs
Sec. 111. Shipbuilding initiative.
Sec. 112. Prohibition on acquisition of Champion-class, T–5 fuel tankers.
Subtitle C—Air Force Programs
Sec. 121. Multiyear procurement authority for C–130J aircraft program.
Sec. 122. Reallocation of certain funds for Air Force Reserve Command F–16 air-
craft procurement.
Subtitle D—Other Programs
Sec. 141. Revisions to multiyear contracting authority.
Sec. 142. Transfer of technology items and equipment in support of homeland se-
curity.
Sec. 143. Destruction of existing stockpile of lethal chemical agents and muni-
tions.
Sec. 144. Report on unmanned aerial vehicle systems.
Sec. 145. Report on impact of Army Aviation Modernization Plan on the Army
National Guard.
TITLE II—RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION
Subtitle A—Authorization of Appropriations
Sec. 201. Authorization of appropriations.
Sec. 202. Amount for defense science and technology.
Subtitle B—Program Requirements, Restrictions, and
Limitations
Sec. 211. RAH–66 Comanche aircraft program.
Sec. 212. Extension of requirement relating to management responsibility for
naval mine countermeasures programs.
Sec. 213. Extension of authority to carry out pilot program for revitalizing the
laboratories and test and evaluation centers of the Department
of Defense.
Sec. 214. Revised requirements for plan for Manufacturing Technology Program.
Sec. 215. Technology Transition Initiative.
Sec. 216. Defense Acquisition Challenge Program.
Subtitle C—Ballistic Missile Defense
Sec. 231. Limitation on obligation of funds for procurement of Patriot (PAC–3)
missiles pending submission of required certification.
Sec. 232. Responsibility of Missile Defense Agency for research, development, test,
and evaluation related to system improvements of programs
transferred to military departments.
Sec. 233. Amendments to reflect change in name of Ballistic Missile Defense Or-
ganization to Missile Defense Agency.
TITLE III—OPERATION AND MAINTENANCE
Subtitle A—Authorization of Appropriations
Sec. 301. Operation and maintenance funding.
Sec. 302. Working capital funds.
Sec. 303. Armed Forces Retirement Home.
Subtitle B—Environmental Provisions
Sec. 311. Incidental taking of migratory birds during military readiness activity.
Sec. 312. Military readiness and the conservation of protected species.
Sec. 313. Single point of contact for policy and budgeting issues regarding
unexploded ordnance, discarded military munitions, and muni-
tions constituents.
Subtitle C—Commissaries and Nonappropriated Fund
Instrumentalities
Sec. 321. Authority for each military department to provide base operating sup-
port to fisher houses.
Sec. 322. Use of commissary stores and MWR retail facilities by members of Na-
tional Guard serving in national emergency.
Sec. 323. Uniform funding and management of morale, welfare, and recreation
programs.
Subtitle D—Workplace and Depot Issues
Sec. 331. Notification requirements in connection with required studies for con-
version of commercial or industrial type functions to contractor
performance.
Sec. 332. Waiver authority regarding prohibition on contracts for performance of
security-guard functions.
Sec. 333. Exclusion of certain expenditures from percentage limitation on con-
tracting for performance of depot-level maintenance and repair
workloads.
Sec. 334. Repeal of obsolete provision regarding depot-level maintenance and re-
pair workloads that were performed at closed or realigned mili-
tary installations.
Sec. 335. Clarification of required core logistics capabilities.
Subtitle E—Defense Dependents Education
Sec. 341. Assistance to local educational agencies that benefit dependents of mem-
bers of the Armed Forces and Department of Defense civilian
employees.
Sec. 342. Availability of quarters allowance for unaccompanied defense depart-
ment teacher required to reside on overseas military installation.
Sec. 343. Provision of summer school programs for students who attend defense
dependents’ education system.
Subtitle F—Information Technology
Sec. 351. Authorized duration of base contract for Navy-Marine Corps Intranet.
Sec. 352. Annual submission of information on national security and informa-
tion technology capital assets.
Sec. 353. Implementation of policy regarding certain commercial off-the-shelf in-
formation technology products.
Sec. 354. Installation and connection policy and procedures regarding Defense
Switch Network.
Subtitle G—Other Matters
Sec. 361. Distribution of monthly reports on allocation of funds within operation
and maintenance budget subactivities.
Sec. 362. Minimum deduction from pay of certain members of the Armed Forces
to support Armed Forces Retirement Home.
Sec. 363. Condition on conversion of Defense Security Service to a working cap-
ital funded entity.
Sec. 364. Continuation of Arsenal support program initiative.
Sec. 365. Training range sustainment plan, Global Status of Resources and
Training System, and training range inventory.
Sec. 366. Amendments to certain education and nutrition laws relating to acqui-
sition and improvement of military housing.
TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A—Active Forces
Sec. 401. End strengths for active forces.
Sec. 402. Revision in permanent end strength minimum levels.
Sec. 403. Authority for military department Secretaries to increase active-duty
end strengths by up to 1 percent.
Sec. 404. General and flag officer management.
Sec. 405. Extension of certain authorities relating to management of numbers of
general and flag officers in certain grades.
Subtitle B—Reserve Forces
Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for reserves on active duty in support of the Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Fiscal year 2003 limitation on non-dual status technicians.
Subtitle C—Authorization of Appropriations
Sec. 421. Authorization of appropriations for military personnel.
TITLE V—MILITARY PERSONNEL POLICY
Subtitle A—General Personnel Management Authorities
Sec. 501. Increase in number of Deputy Commandants of the Marine Corps.
Sec. 502. Extension of good-of-the-service waiver authority for officers appointed
to a Reserve Chief or Guard Director position.
Subtitle B—Reserve Component Management
Sec. 511. Reviews of National Guard strength accounting and management and
other issues.
Sec. 512. Courts-martial for the National Guard when not in Federal service.
Sec. 513. Matching funds requirements under National Guard Youth Challenge
Program.
Subtitle C—Reserve Component Officer Personnel Policy
Sec. 521. Exemption from active status strength limitation for reserve component
general and flag officers serving on active duty in certain joint
duty assignments designated by the Chairman of the Joint
Chiefs of Staff.
Sec. 522. Eligibility for consideration for promotion to grade of major general for
certain reserve component brigadier generals who do not other-
wise qualify for consideration for promotion under the one-year
rule.
Sec. 523. Retention of promotion eligibility for reserve component general and
flag officers transferred to an inactive status.
Sec. 524. Authority for limited extension of medical deferment of mandatory re-
tirement or separation for reserve officers.
Subtitle D—Education and Training
Sec. 531. Authority for phased increase to 4,400 in authorized strengths for the
service academies.
Sec. 532. Enhancement of reserve component delayed training program.
Sec. 533. Preparation for, participation in, and conduct of athletic competitions
by the National Guard and members of the National Guard.
Subtitle E—Decorations and Awards
Sec. 541. Waiver of time limitations for award of certain decorations to certain
persons.
Sec. 542. Option to convert award of Armed Forces Expeditionary Medal award-
ed for Operation Frequent Wind to Vietnam Service Medal.
Subtitle F—Administrative Matters
Sec. 551. Staffing and funding for Defense Prisoner of War/Missing Personnel Of-
fice.
Sec. 552. Three-year freeze on reductions of personnel of agencies responsible for
review and correction of military records.
Sec. 553. Department of Defense support for persons participating in military fu-
neral honors details.
Sec. 554. Authority for use of volunteers as proctors for administration of Armed
Services Vocational Aptitude Battery test.
Sec. 555. Annual report on status of female members of the Armed Forces.
Subtitle G—Benefits
Sec. 561. Voluntary leave sharing program for members of the Armed Forces.
Sec. 562. Enhanced flexibility in medical loan repayment program.
Sec. 563. Expansion of overseas tour extension benefits.
Sec. 564. Vehicle storage in lieu of transportation when member is ordered to a
nonforeign duty station outside continental United States.
Subtitle H—Military Justice Matters
Sec. 571. Right of convicted accused to request sentencing by military judge.
Sec. 572. Report on desirability and feasibility of consolidating separate courses
of basic instruction for judge advocates.
TITLE VI—COMPENSATION AND OTHER PERSONNEL
BENEFITS
Subtitle A—Pay and Allowances
Sec. 601. Increase in basic pay for fiscal year 2003.
Sec. 602. Expansion of basic allowance for housing low-cost or no-cost moves au-
thority to members assigned to duty outside United States.
Subtitle B—Bonuses and Special and Incentive Pays
Sec. 611. One-year extension of certain bonus and special pay authorities for re-
serve forces.
Sec. 612. One-year extension of certain bonus and special pay authorities for cer-
tain health care professionals.
Sec. 613. One-year extension of special pay and bonus authorities for nuclear offi-
cers.
Sec. 614. One-year extension of other bonus and special pay authorities.
Sec. 615. Minimum levels of hardship duty pay for duty on the ground in Ant-
arctica or on Arctic icepack.
Sec. 616. Increase in maximum rates for prior service enlistment bonus.
Sec. 617. Retention incentives for health care providers qualified in a critical
military skill.
Subtitle C—Travel and Transportation Allowances
Sec. 631. Extension of leave travel deferral period for members performing con-
secutive overseas tours of duty.
Subtitle D—Retired Pay and Survivors Benefits
Sec. 641. Phase-in of full concurrent receipt of military retired pay and veterans
disability compensation for military retirees with disabilities
rated at 60 percent or higher.
Sec. 642. Change in service requirements for eligibility for retired pay for non-
regular service.
Sec. 643. Elimination of possible inversion in retired pay cost-of-living adjust-
ment for initial COLA computation.
Sec. 644. Technical revisions to so-called ‘‘forgotten widows’’ annuity program.
Subtitle E—Reserve Component Montgomery GI Bill
Sec. 651. Extension of Montgomery GI Bill-Selected Reserve eligibility period.
Subtitle F—Other Matters
Sec. 661. Addition of definition of continental United States in title 37.
TITLE VII—HEALTH CARE MATTERS
Subtitle A—Health Care Program Improvements
Sec. 701. Elimination of requirement for TRICARE preauthorization of inpa-
tient mental health care for medicare-eligible beneficiaries.
Sec. 702. Expansion of TRICARE Prime Remote for certain dependents.
Sec. 703. Enabling dependents of certain members who died while on active duty
to enroll in the TRICARE dental program.
Sec. 704. Improvements regarding the Department of Defense Medicare-Eligible
Retiree Health Care Fund.
Sec. 705. Certification of institutional and non-institutional providers under the
TRICARE program.
Sec. 706. Technical correction regarding transitional health care.
Subtitle B—Reports
Sec. 711. Comptroller General report on TRICARE claims processing.
Sec. 712. Comptroller General report on provision of care under the TRICARE
program.
Sec. 713. Repeal of report requirement.
Subtitle C—Department of Defense-Department of Veterans
Affairs Health Resources Sharing
Sec. 721. Short title.
Sec. 722. Findings and sense of Congress concerning status of health resources
sharing between the Department of Veterans Affairs and the De-
partment of Defense.
Sec. 723. Revised coordination and sharing guidelines.
Sec. 724. Health care resources sharing and coordination project.
Sec. 725. Joint review of coordination and sharing of health care and related
services following domestic acts of terrorism or domestic use of
weapons of mass destruction.
Sec. 726. Adoption by Department of Veterans Affairs of Department of Defense
Pharmacy Data Transaction System.
Sec. 727. Joint pilot program for providing graduate medical education and
training for physicians.
Sec. 728. Repeal of certain limits on Department of Veterans Affairs resources.
Sec. 729. Reports.
TITLE VIII—ACQUISITION POLICY, ACQUISITION
MANAGEMENT, AND RELATED MATTERS
Sec. 801. Plan for acquisition management professional exchange pilot program.
Sec. 802. Evaluation of training, knowledge, and resources regarding negotiation
of intellectual property arrangements.
Sec. 803. Limitation period for task and delivery order contracts.
Sec. 804. One-year extension of program applying simplified procedures to cer-
tain commercial items; report.
Sec. 805. Authority to make inflation adjustments to simplified acquisition
threshold.
Sec. 806. Improvement of personnel management policies and procedures applica-
ble to the civilian acquisition workforce.
Sec. 807. Modification of scope of ball and roller bearings covered for purposes
of procurement limitation.
Sec. 808. Rapid acquisition and deployment procedures.
Sec. 809. Quick-reaction special projects acquisition team.
Sec. 810. Report on development of anti-cyberterrorism technology.
Sec. 811. Contracting with Federal Prison Industries.
Sec. 812. Renewal of certain procurement technical assistance cooperative agree-
ments at funding levels at least sufficient to support existing
programs.
TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
MANAGEMENT
Sec. 901. Change in title of Secretary of the Navy to Secretary of the Navy and
Marine Corps.
Sec. 902. Report on implementation of United States Northern Command.
Sec. 903. National defense mission of Coast Guard to be included in future Quad-
rennial Defense Reviews.
Sec. 904. Change in year for submission of Quadrennial Defense Review.
Sec. 905. Report on effect of noncombat operations on combat readiness of the
Armed Forces.
Sec. 906. Conforming amendment to reflect disestablishment of Department of De-
fense Consequence Management Program Integration Office.
Sec. 907. Authority to accept gifts for National Defense University.
TITLE X—GENERAL PROVISIONS
Subtitle A—Financial Matters
Sec. 1001. Transfer authority.
Sec. 1002. Authorization of supplemental appropriations for fiscal year 2002.
Sec. 1003. Uniform standards throughout Department of Defense for exposure of
personnel to pecuniary liability for loss of Government property.
Sec. 1004. Accountable officials in the Department of Defense.
Sec. 1005. Improvements in purchase card management.
Sec. 1006. Authority to transfer funds within a major acquisition program from
procurement to RDT&E.
Sec. 1007. Development and procurement of financial and nonfinancial manage-
ment systems.
Subtitle B—Reports
Sec. 1011. After-action reports on the conduct of military operations conducted as
part of Operation Enduring Freedom.
Sec. 1012. Report on biological weapons defense and counter-proliferation.
Sec. 1013. Requirement that Department of Defense reports to Congress be accom-
panied by electronic version.
Sec. 1014. Strategic force structure plan for nuclear weapons and delivery sys-
tems.
Sec. 1015. Report on establishment of a joint national training complex and joint
opposing forces.
Sec. 1016. Repeal of various reports required of the Department of Defense.
Sec. 1017. Report on the role of the Department of Defense in supporting home-
land security.
Sec. 1018. Study of short-term and long-term effects of nuclear earth penetrator
weapon.
Sec. 1019. Study of short-term and long-term effects of nuclear-tipped ballistic
missile interceptor.
Sec. 1021. Sense of Congress on maintenance of a reliable, flexible, and robust
strategic deterrent.
Subtitle C—Other Matters
Sec. 1021. Sense of Congress on maintenance of a reliable, flexible, and robust
strategic deterrent.
Sec. 1022. Time for transmittal of annual defense authorization legislative pro-
posal.
Sec. 1023. Technical and clerical amendments.
Sec. 1024. War risk insurance for vessels in support of NATO-approved oper-
ations.
Sec. 1025. Conveyance, Navy drydock, Portland, Oregon.
Sec. 1026. Additional Weapons of Mass Destruction Civil Support Teams.
Sec. 1027. Use for law enforcement purposes of DNA samples maintained by De-
partment of Defense for identification of human remains.
Sec. 1028. Sense of Congress concerning aircraft carrier force structure.
Sec. 1029. Enhanced authority to obtain foreign language services during periods
of emergency.
Sec. 1030. Surface combatant industrial base.
Sec. 1031. Enhanced cooperation between United States and Russian Federation
to promote mutual security.
Sec. 1032. Transfer of funds to increase amounts for PAC–3 missile procurement
and Israeli Arrow Program.
Sec. 1033. Assignment of members to assist Immigration and Naturalization
Service and Customs Service.
Sec. 1034. Sense of Congress on prohibition of use of funds for International
Criminal Court.
TITLE XI—CIVILIAN PERSONNEL MATTERS
Sec. 1101. Eligibility of Department of Defense nonappropriated fund employees
for long-term care insurance.
Sec. 1102. Extension of Department of Defense authority to make lump-sum sev-
erance payments.
Sec. 1103. Common occupational and health standards for differential payments
as a consequence of exposure to asbestos.
Sec. 1104. Continuation of Federal Employee Health Benefits program eligibility.
Sec. 1105. Triennial full-scale Federal wage system wage surveys.
Sec. 1106. Certification for Department of Defense professional accounting posi-
tions.
TITLE XII—MATTERS RELATING TO OTHER NATIONS
Sec. 1201. Support of United Nations-sponsored efforts to inspect and monitor
Iraqi weapons activities.
Sec. 1202. Strengthening the defense of Taiwan.
Sec. 1203. Administrative services and support for foreign liaison officers.
Sec. 1204. Additional countries covered by loan guarantee program.
Sec. 1205. Limitation on funding for Joint Data Exchange Center in Moscow.
Sec. 1206. Limitation on number of military personnel in Colombia.
TITLE XIII—COOPERATIVE THREAT REDUCTION WITH
STATES OF THE FORMER SOVIET UNION
Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
Sec. 1302. Funding allocations.
Sec. 1303. Prohibition against use of funds until submission of reports.
Sec. 1304. Report on use of revenue generated by activities carried out under Co-
operative Threat Reduction programs.
Sec. 1305. Prohibition against use of funds for second wing of fissile material
storage facility.
Sec. 1306. Sense of Congress and report requirement regarding Russian prolifera-
tion to Iran.
Sec. 1307. Prohibition against use of Cooperative Threat Reduction funds outside
the States of the former Soviet Union.
Sec. 1308. Limited waiver of restriction on use of funds.
Sec. 1309. Limitation on use of funds until submission of report on defense and
military contacts activities.
TITLE XIV—UTAH TEST AND TRAINING RANGE
Sec. 1401. Definition of Utah Test and Training Range.
Sec. 1402. Military operations and overflights at Utah Test and Training Range.
Sec. 1403. Designation and management of lands in Utah Test and Training
Range.
Sec. 1404. Designation of Pilot Range Wilderness.
Sec. 1405. Designation of Cedar Mountain Wilderness.
TITLE XV—COST OF WAR AGAINST TERRORISM
AUTHORIZATION
Sec. 1501. Short title.
Sec. 1502. Amounts authorized for the War on Terrorism.
Sec. 1503. Additional authorizations.
Subtitle A—Authorization of Appropriations
PART I—AUTHORIZATIONS TO TRANSFER ACCOUNTS
Sec. 1511. War on Terrorism Operations Fund.
Sec. 1512. War on Terrorism Equipment Replacement and Enhancement Fund.
Sec. 1513. General provisions applicable to transfers.
PART II—AUTHORIZATIONS TO SPECIFIED ACCOUNTS
Sec. 1521. Army procurement.
Sec. 1522. Navy and Marine Corps procurement.
Sec. 1523. Air Force procurement.
Sec. 1524. Defense-wide activities procurement.
Sec. 1525. Research, development, test, and evaluation, defense-wide.
Sec. 1526. Classified activities.
Sec. 1527. Global Information Grid system.
Sec. 1528. Operation and maintenance.
Sec. 1529. Military personnel.
PART III—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 1531. Authorized military construction and land acquisition projects.
Subtitle B—Wartime Pay and Allowance Increases
Sec. 1541. Increase in rate for family separation allowance.
Sec. 1542. Increase in rates for various hazardous duty incentive pays.
Sec. 1543. Increase in rate for diving duty special pay.
Sec. 1544. Increase in rate for imminent danger pay.
Sec. 1545. Increase in rate for career enlisted flyer incentive pay.
Sec. 1546. Increase in amount of death gratuity.
Sec. 1547. Effective date.
Subtitle C—Additional Provisions
Sec. 1551. Establishment of at least one Weapons of Mass Destruction Civil Sup-
port Team in each State.
Sec. 1552. Authority for joint task forces to provide support to law enforcement
agencies conducting counter-terrorism activities.
Sec. 1553. Sense of Congress on assistance to first responders.
DIVISION B—MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 2001. Short title; definition.
TITLE XXI—ARMY
Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Improvements to military family housing units.
Sec. 2104. Authorization of appropriations, Army.
Sec. 2105. Modification of authority to carry out certain fiscal year 2002
projects.
TITLE XXII—NAVY
Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing.
Sec. 2203. Improvements to military family housing units.
Sec. 2204. Authorization of appropriations, Navy.
Sec. 2205. Modification of authority to carry out certain fiscal year 2002 project.
TITLE XXIII—AIR FORCE
Sec. 2301. Authorized Air Force construction and land acquisition projects.
Sec. 2302. Family housing.
Sec. 2303. Improvements to military family housing units.
Sec. 2304. Authorization of appropriations, Air Force.
TITLE XXIV—DEFENSE AGENCIES
Sec. 2401. Authorized Defense Agencies construction and land acquisition
projects.
Sec. 2402. Improvements to military family housing units.
Sec. 2403. Energy conservation projects.
Sec. 2404. Authorization of appropriations, Defense Agencies.
Sec. 2405. Modification of authority to carry out certain fiscal year 2000 project.
Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project.
Sec. 2407. Modification of authority to carry out certain fiscal year 1997 project.
TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.
TITLE XXVI—GUARD AND RESERVE FORCES FACILITIES
Sec. 2601. Authorized guard and reserve construction and land acquisition
projects.
TITLE XXVII—EXPIRATION AND EXTENSION OF
AUTHORIZATIONS
Sec. 2701. Expiration of authorizations and amounts required to be specified by
law.
Sec. 2702. Extension of authorizations of certain fiscal year 2000 projects.
Sec. 2703. Extension of authorizations of certain fiscal year 1999 projects.
Sec. 2704. Effective date.
TITLE XXVIII—GENERAL PROVISIONS
Subtitle A—Military Construction Program and Military
Family Housing Changes
Sec. 2801. Changes to alternative authority for acquisition and improvement of
military housing.
Sec. 2802. Modification of authority to carry out construction projects as part of
environmental response action.
Sec. 2803. Leasing of military family housing in Korea.
Sec. 2804. Pilot housing privatization authority for acquisition or construction of
military unaccompanied housing.
Subtitle B—Real Property and Facilities Administration
Sec. 2811. Agreements with private entities to limit encroachments and other con-
straints on military training, testing, and operations.
Sec. 2812. Conveyance of surplus real property for natural resource conservation
purposes.
Sec. 2813. National emergency exemption from screening and other requirements
of McKinney-Vento Homeless Assistance Act for property used in
support of response activities.
Sec. 2814. Demonstration program on reduction in long-term facility mainte-
nance costs.
Sec. 2815. Expanded authority to transfer property at military installations to
be closed to persons who construct or provide military family
housing.
Subtitle C—Land Conveyances
PART I—ARMY CONVEYANCES
Sec. 2821. Land conveyances, lands in Alaska no longer required for National
Guard purposes.
Sec. 2822. Land conveyance, Fort Campbell, Kentucky.
Sec. 2823. Land conveyance, Army Reserve Training Center, Buffalo, Minnesota.
Sec. 2824. Land conveyance, Fort Bliss, Texas
Sec. 2825. Land conveyance, Fort Hood, Texas.
Sec. 2826. Land conveyance, Fort Monmouth, New Jersey.
PART II—NAVY CONVEYANCES
Sec. 2831. Land conveyance, Marine Corps Air Station, Miramar, San Diego,
California.
Sec. 2832. Boundary adjustments, Marine Corps Base, Quantico, and Prince Wil-
liam Forest Park, Virginia.
PART III—AIR FORCE CONVEYANCES
Sec. 2841. Land conveyances, Wendover Air Force Base Auxiliary Field, Nevada.
Subtitle D—Other Matters
Sec. 2861. Easement for construction of roads or highways, Marine Corps Base,
Camp Pendleton, California.
Sec. 2862. Sale of excess treated water and wastewater treatment capacity, Ma-
rine Corps Base, Camp Lejeune, North Carolina.
Sec. 2863. Ratification of agreement regarding Adak Naval Complex, Alaska, and
related land conveyances.
Sec. 2864. Special requirements for adding military installation to closure list.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECU-
RITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL
SECURITY PROGRAMS
Subtitle A—National Security Programs Authorizations
Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Environmental and other defense activities.
Subtitle B—Department of Energy National Security
Authorizations General Provisions
Sec. 3120. Short title; definitions.
Sec. 3121. Reprogramming.
Sec. 3122. Minor construction projects.
Sec. 3123. Limits on construction projects.
Sec. 3124. Fund transfer authority.
Sec. 3125. Authority for conceptual and construction design.
Sec. 3126. Authority for emergency planning, design, and construction activities.
Sec. 3127. Funds available for all national security programs of the Department
of Energy.
Sec. 3128. Availability of funds.
Sec. 3129. Transfer of defense environmental management funds.
Sec. 3130. Transfer of weapons activities funds.
Sec. 3131. Scope of authority to carry out plant projects.
Subtitle C—Program Authorizations, Restrictions, and
Limitations
Sec. 3141. One-year extension of panel to assess the reliability, safety, and secu-
rity of the United States nuclear stockpile.
Sec. 3142. Transfer to National Nuclear Security Administration of Department
of Defense’s Cooperative Threat Reduction program relating to
elimination of weapons grade plutonium in Russia.
Sec. 3143. Repeal of requirement for reports on obligation of funds for programs
on fissile materials in Russia.
Sec. 3144. Annual certification to the President and Congress on the condition
of the United States nuclear weapons stockpile.
Sec. 3145. Plan for achieving one-year readiness posture for resumption by the
United States of underground nuclear weapons tests.
Sec. 3146. Prohibition on development of low-yield nuclear weapons.
Subtitle D—Matters Relating to Defense Environmental
Management
Sec. 3151. Defense environmental management cleanup reform program.
Sec. 3152. Report on status of environmental management initiatives to accel-
erate the reduction of environmental risks and challenges posed
by the legacy of the Cold War.
TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY
BOARD
Sec. 3201. Authorization.
TITLE XXXIII—NATIONAL DEFENSE STOCKPILE
Sec. 3301. Authorized uses of National Defense Stockpile funds.
TITLE XXXIV—NAVAL PETROLEUM RESERVES
Sec. 3401. Authorization of appropriations.
TITLE XXXV—MARITIME ADMINISTRATION
Sec. 3501. Authorization of appropriations for fiscal year 2003.
Sec. 3502. Authority to convey vessel USS SPHINX (ARL–24).
Sec. 3503. Financial assistance to States for preparation of transferred obsolete
ships for use as artificial reefs.
Sec. 3504. Independent analysis of title XI insurance guarantee applications.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.
For purposes of this Act, the term ‘‘congressional de-
fense committees’’ means—
(1) the Committee on Armed Services and the
Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services and the
Committee on Appropriations of the House of Rep-
resentatives.
DIVISION A—DEPARTMENT OF
DEFENSE AUTHORIZATIONS
TITLE I—PROCUREMENT
Subtitle A—Authorization of
Appropriations
SEC. 101. ARMY.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for procurement for the Army as follows:
(1) For aircraft, $2,300,327,000.
(2) For missiles, $1,693,896,000.
(3) For weapons and tracked combat vehicles,
$2,372,958,000.
(4) For ammunition, $1,320,026,000.
(5) For other procurement, $6,119,447,000.
SEC. 102. NAVY AND MARINE CORPS.
(a) NAVY.—Funds are hereby authorized to be appro-
priated for fiscal year 2003 for procurement for the Navy
as follows:
(1) For aircraft, $8,971,555,000.
(2) For weapons, including missiles and tor-
pedoes, $1,916,617,000.
(3) 
For 
shipbuilding 
and 
conversion,
$9,279,494,000.
(4) For other procurement, $4,527,763,000.
(b) MARINE CORPS.—Funds are hereby authorized to
be appropriated for fiscal year 2003 for procurement for
the Marine Corps in the amount of $1,351,983,000.
(c) NAVY AND MARINE CORPS AMMUNITION.—Funds
are hereby authorized to be appropriated for fiscal year
2003 for procurement of ammunition for the Navy and the
Marine Corps in the amount of $1,104,453,000.
SEC. 103. AIR FORCE.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for procurement for the Air Force as follows:
(1) For aircraft, $12,522,755,000.
(2) For missiles, $3,482,639,000.
(3) For ammunition, $1,176,864,000.
(4) For other procurement, $10,907,730,000.
SEC. 104. DEFENSE-WIDE ACTIVITIES.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for Defense-wide procurement in the amount
of $2,621,009,000.
SEC. 105. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for procurement for the Inspector General of
the Department of Defense in the amount of $2,000,000.
SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.
There is hereby authorized to be appropriated for fiscal
year 2003 the amount of $1,490,199,000 for—
(1) the destruction of lethal chemical agents and
munitions in accordance with section 1412 of the De-
partment of Defense Authorization Act, 1986 (50
U.S.C. 1521); and
(2) the destruction of chemical warfare materiel
of the United States that is not covered by section
1412 of such Act.
SEC. 107. DEFENSE HEALTH PROGRAMS.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the Department of Defense for procure-
ment for carrying out health care programs, projects, and
activities of the Department of Defense in the total amount
of $278,742,000.
SEC. 111. SHIPBUILDING INITIATIVE.
(a) USE OF SPECIFIED SHIPBUILDING AUTHORIZA-
TION AMOUNT SUBJECT TO CONTRACTOR AGREEMENT.—Of
the amounts authorized to be appropriated by section
102(a)(3) for fiscal year 2003, $810,000,000 shall be avail-
able for shipbuilding programs of the Navy either in accord-
ance with subsection (b) or in accordance with subsection
(c).
(b) 
DDG–51 
AUTHORIZATION
IF
AGREEMENT
REACHED.—If as of the date of the enactment of this Act
the Secretary of the Navy has submitted to Congress a cer-
tification described in subsection (d), then the amount re-
ferred to in subsection (a) shall be available for procurement
of one Arleigh Burke class (DDG-51) destroyer.
(c) AUTHORIZATION IF AGREEMENT NOT REACHED.—
If as of the date of the enactment of this Act the Secretary
of the Navy has not submitted to Congress a certification
described in subsection (d), then the amount referred to in
subsection (a) shall be available as follows:
(1) $415,000,000 shall be available for advance
procurement for Virginia class submarines.
(2) $210,000,000 shall be available for advance
procurement for cruiser conversion.
(3) $185,000,000 shall be available for nuclear-
powered submarine (SSN) engineered refueling over-
haul.
(d) CERTIFICATION.—A certification referred to in
subsections (b) and (c) is a certification by the Secretary
of the Navy that the prime contractor for the Virginia class
submarine program has entered into a binding agreement
with the United States to expend from its own funds an
amount not less than $385,000,000 for economic order
quantity procurement of nuclear and nonnuclear compo-
nents for Virginia class submarines beginning in fiscal year
2003.
(e) MULTIYEAR PROCUREMENT AUTHORITY.—(1) If
the terms of an agreement described in subsection (d) be-
tween the United States and the prime contractor for the
Virginia class submarine program include a requirement
for the Secretary of the Navy to seek to acquire Virginia
class submarines through a multiyear procurement con-
tract, the Secretary of the Navy may, in accordance with
section 2306b of title 10, United States Code, enter into a
multiyear contract for procurement of Virginia class sub-
marines, beginning with the fiscal year 2003 program year.
(2)(A) In the case of a contract authorized by para-
graph (1), a certification under subsection (i)(1)(A) of sec-
tion 2306b of title 10, United States Code, with respect to
that contract may only be submitted if the certification in-
cludes an additional certification that each of the conditions
specified in subsection (a) of that section has been satisfied
with respect to that contract.
(B) Upon transmission to Congress of a certification
referred to in subparagraph (A) with respect to a contract
authorized by paragraph (1), the contract may then be en-
tered into only after a period of 30 days has elapsed after
the date of the transmission of such certification.
SEC. 112. PROHIBITION ON ACQUISITION OF CHAMPION-
CLASS, T-5 FUEL TANKERS.
(a) PROHIBITION.—Except as provided in subsection
(b), a Champion-class fuel tanker, known as a T-5, which
features a double hull and reinforcement against ice dam-
age, may not be acquired for the Military Sealift Command
or for other Navy purposes.
(b) TERMINATION.—The prohibition in sub-
section (a) shall not apply if the acquisition of a T-
5 tanker is specifically authorized in a defense au-
thorization Act that—
(1) is enacted after the date of the enactment of
this Act;
(2) specifically refers to subsection (a); and
(3) specifically states that the prohibition in
such subsection does not apply.
Subtitle C—Air Force Programs
SEC. 121. MULTIYEAR PROCUREMENT AUTHORITY FOR
C–130J AIRCRAFT PROGRAM.
(a) MULTIYEAR AUTHORITY.—Beginning with the fis-
cal year 2003 program year, the Secretary of the Air Force
may, in accordance with section 2306b of title 10, United
States Code, enter into a multiyear contract for procure-
ment of C-130J aircraft.
(b) LIMITATION.—The Secretary of Defense may not
enter into a contract authorized by subsection (a) until—
(1) the Secretary submits to the congressional de-
fense committees a certification described in sub-
section (c); and
(2) a period of 30 days has expired after such
certification is submitted.
(c) REQUIRED CERTIFICATION AS TO PROGRESS TO-
WARD SUCCESSFUL OPERATIONAL TEST
AND EVALUA-
TION.—A certification under subsection (b)(1) is a certifi-
cation by the Secretary of Defense that the C-130J program
is making satisfactory progress towards a successful oper-
ational test and evaluation.
(d) REQUIRED CERTIFICATION WITH RESPECT
TO
MULTIYEAR CONTRACTING CONDITIONS.—(1) In the case of
a contract authorized by subsection (a) of this section, a
certification under subsection (i)(1)(A) of section 2306b of
title 10, United States Code, with respect to that contract
may only be submitted if the certification includes an addi-
tional certification that each of the conditions specified in
subsection (a) of that section has been satisfied with respect
to that contract.
(2) Upon transmission to Congress of a certification
referred to in paragraph (1) with respect to a contract au-
thorized by subsection (a), the contract may then be entered
into only after a period of 30 days has elapsed after the
date of the transmission of such certification.
SEC. 122. REALLOCATION OF CERTAIN FUNDS FOR AIR
FORCE RESERVE COMMAND F–16 AIRCRAFT
PROCUREMENT.
Of the funds authorized to be appropriated by section
103(1) that are available for procurement of F–16 aircraft
for the Air Force Reserve Command, $14,400,000 shall be
available for 36 Litening II modernization upgrade kits for
the F–16 block 25 and block 30 aircraft (rather than for
Litening AT pods for such aircraft).
Subtitle D—Other Programs
SEC. 141. REVISIONS TO MULTIYEAR CONTRACTING AU-
THORITY.
(a) USE OF PROCUREMENT AND ADVANCE PROCURE-
MENT FUNDS.—Section 2306b(i) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
‘‘(4)(A) Unless otherwise authorized by law, the Sec-
retary of Defense may obligate funds for procurement of an
end item under a multiyear contract for the purchase of
property only for procurement of a complete and usable end
item.
‘‘(B) Unless otherwise authorized by law, the Secretary
of Defense may obligate funds appropriated for any fiscal
year for advance procurement under a multiyear contract
for the purchase of property only for the procurement of
those long-lead items necessary in order to meet a planned
delivery schedule for complete major end items that are pro-
grammed under the contract to be acquired with funds ap-
propriated for a subsequent fiscal year.’’.
(b) EFFECTIVE DATE.—Paragraph (4) of section
2306b(i) of title 10, United States Code, as added by sub-
section (a), shall not apply with respect to any multiyear
contract authorized by law before the date of the enactment
of this Act.
SEC. 142. TRANSFER OF TECHNOLOGY ITEMS AND EQUIP-
MENT IN SUPPORT OF HOMELAND SECURITY.
(a) IN GENERAL.—Subchapter III of chapter 148 of
title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 2520. Transfer of technology items and equipment
in support of homeland security
‘‘The Secretary of Defense shall enter into an agree-
ment with an independent, nonprofit, technology-oriented
entity that has demonstrated the ability to facilitate the
transfer of defense technologies, developed by both the pri-
vate and public sectors, to aid Federal, State, and local first
responders. Under the agreement the entity shall develop
and deploy technology items and equipment, through co-
ordination between Government agencies and private sector,
commercial developers and suppliers of technology, that will
enhance public safety and shall—
‘‘(1) work in coordination with the InterAgency
Board for Equipment Standardization and Interoper-
ability;
‘‘(2) develop technology items and equipment
that meet the standardization requirements estab-
lished by the Board;
‘‘(3) evaluate technology items and equipment
that have been identified using the standards devel-
oped by the Board and other state-of-the-art tech-
nology items and equipment that may benefit first re-
sponders;
‘‘(4) identify and coordinate among the public
and private sectors research efforts applicable to na-
tional security and homeland security;
‘‘(5) facilitate the timely transfer of technology
items and equipment between public and private
sources;
‘‘(6) eliminate redundant research efforts with
respect to technologies to be deployed to first respond-
ers;
‘‘(7) expedite the advancement of high priority
projects from research through implementation of ini-
tial manufacturing; and
‘‘(8) establish an outreach program, in coordina-
tion with the Board, with first responders to facilitate
awareness of available technology items and equip-
ment to support crisis response.’’.
(b) DEADLINE FOR AGREEMENT.—The Secretary of
Defense shall enter into the agreement required by section
2520 of title 10, United States Code (as added by subsection
(a)) not later than January 15, 2003.
(c) STRATEGIC PLAN.—The entity described in section
2520 of such title shall develop a strategic plan to carry
out the goals described in such section, which shall include
identification of—
(1) the initial technology items and equipment
considered for development; and
(2) the program schedule timelines for such tech-
nology items and equipment.
(d) REPORT REQUIRED.—Not later than March 15,
2003, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report on—
(1) the actions taken to carry out such section
2520;
(2) the relationship of the entity described in
such section to the InterAgency Board for Equipment
Standardization and Interoperability; and
(3) the strategic plan of such entity to meet the
goals described in such section.
(e) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter III of chapter 148 of title 10,
United States Code, is amended by adding at the end the
following new item:
‘‘2520. Transfer of technology items and equipment in support of homeland secu-
rity.’’.
SEC. 143. DESTRUCTION OF EXISTING STOCKPILE OF LE-
THAL CHEMICAL AGENTS AND MUNITIONS.
(a) PROGRAM MANAGEMENT.—The Secretary of De-
fense shall ensure that the program for destruction of the
United States stockpile of lethal chemical agents and muni-
tions is managed as a major defense acquisition program
(as defined in section 2430 of title 10, United States Code)
in accordance with the essential elements of such programs
as may be determined by the Secretary.
(b) REQUIREMENT FOR UNDER SECRETARY OF DE-
FENSE (COMPTROLLER) ANNUAL CERTIFICATION.—Begin-
ning with respect to the budget request for fiscal year 2004,
the Under Secretary of Defense (Comptroller) shall submit
to the congressional defense committees on an annual basis
a certification that the budget request for the chemical
agents and munitions destruction program has been sub-
mitted in accordance with the requirements of applicable
Federal laws.
SEC. 144. REPORT ON UNMANNED AERIAL VEHICLE SYS-
TEMS.
(a) REPORT.—Not later than January 1, 2003, the
Secretary of Defense shall submit to Congress a report on
unmanned aerial vehicle systems of the Department of De-
fense.
(b) MATTERS TO BE INCLUDED CONCERNING UN-
MANNED AERIAL VEHICLE SYSTEMS.—The Secretary shall
include in the report under subsection (a) the following,
shown for each system referred to in that subsection:
(1) A description of the infrastructure that the
Department of Defense has (or is planning) for the
system.
(2) A description of the operational requirements
document (ORD) for the system.
(3) A description of the physical infrastructure
of the Department for training and basing.
(4) A description of the manner in which the De-
partment is interfacing with the industrial base.
(5) A description of the acquisition plan for the
system.
(c) SUGGESTIONS FOR CHANGES IN LAW.—The Sec-
retary shall also include in the report under subsection (a)
such suggestions as the Secretary considers appropriate for
changes in law that would facilitate the way the Depart-
ment acquires unmanned aerial vehicle systems.
SEC. 145. REPORT ON IMPACT OF ARMY AVIATION MOD-
ERNIZATION PLAN ON THE ARMY NATIONAL
GUARD.
(a) REPORT BY CHIEF OF THE NATIONAL GUARD BU-
REAU.—Not later than February 1, 2003, the Chief of the
National Guard Bureau shall submit to the Committees on
Armed Services of the Senate and the House of Representa-
tives a report on the requirements for Army National
Guard aviation. The report shall include the following:
(1) An analysis of the impact of the Army Avia-
tion Modernization Plan on the ability of the Army
National Guard to conduct its aviation missions.
(2) The plan under that aviation modernization
plan for the transfer of aircraft from the active com-
ponent of the Army to the Army reserve components,
including a timeline for those transfers.
(3) The progress, as of January 1, 2003, in car-
rying out the transfers under the plan referred to in
paragraph (2).
(4) An evaluation of the suitability of existing
Commercial Off The Shelf (COTS) light-twin engine
helicopters for performance of Army National Guard
aviation missions.
(b) VIEWS OF THE CHIEF OF STAFF OF THE ARMY.—
If, before the report under subsection (a) is submitted, the
Chief of the National Guard Bureau receives from the Chief
of Staff of the Army the views of the Chief of Staff on the
matters to be covered in the report, the Chief of the Bureau
shall include those views with the report as submitted under
subsection (a).
TITLE II—RESEARCH, DEVELOP-
MENT, TEST, AND EVALUA-
TION
Subtitle A—Authorization of
Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the use of the Department of Defense for
research, development, test, and evaluation as follows:
(1) For the Army, $6,933,319,000.
(2) For the Navy, $13,274,540,000.
(3) For the Air Force, $18,803,184,000.
(4) For Defense-wide activities, $17,413,291,000,
of which $222,054,000 is authorized for the Director
of Operational Test and Evaluation.
SEC. 202. AMOUNT FOR DEFENSE SCIENCE AND TECH-
NOLOGY.
(a) FISCAL YEAR 2003.—Of the amounts authorized
to be appropriated by section 201, $10,023,658,000 shall be
available for the Defense Science and Technology Program,
including basic research, applied research, and advanced
technology development projects.
(b) BASIC RESEARCH, APPLIED RESEARCH, AND AD-
VANCED TECHNOLOGY DEVELOPMENT DEFINED.—For pur-
poses of this section, the term ‘‘basic research, applied re-
search, and advanced technology development’’ means work
funded in program elements for defense research and devel-
opment under Department of Defense category 6.1, 6.2, or
6.3.
Subtitle B—Program Requirements,
Restrictions, and Limitations
SEC. 211. RAH–66 COMANCHE AIRCRAFT PROGRAM.
(a) LIMITATION.—None of the funds authorized to be
appropriated for fiscal year 2003 for engineering and man-
ufacturing development for the RAH–66 Comanche aircraft
program may be obligated until the Secretary of the Army
submits to the congressional defense committees a report,
prepared in coordination with the Under Secretary of De-
fense for Acquisition, Technology, and Logistics, containing
an accurate estimate of funds required to complete engineer-
ing and manufacturing development for that aircraft and
the new time line and plan for bringing that aircraft to
initial operational capability, as called for in the joint ex-
planatory statement of the committee of conference on the
bill S. 1438 of the One Hundred Seventh Congress (at page
535 of House Report 107–333, submitted December 12,
2001).
(b) LIMITATION ON TOTAL COST OF ENGINEERING AND
MANUFACTURING DEVELOPMENT.—The total amount obli-
gated or expended for engineering and manufacturing de-
velopment under the RAH–66 Comanche aircraft program
may not exceed $6,000,000,000.
(c) ADJUSTMENT OF LIMITATION AMOUNTS.—(1) Sub-
ject to paragraph (2), the Secretary of the Army shall adjust
the amount of the limitation set forth in subsection (b) by
the following amounts:
(A) The amounts of increases or decreases in
costs attributable to economic inflation after Sep-
tember 30, 2002.
(B) The amounts of increases or decreases in
costs attributable to compliance with changes in Fed-
eral, State, or local laws enacted after September 30,
2002.
(2) Before making any adjustment under paragraph
(1) in an amount greater than $20,000,000, the Secretary
of the Army shall submit to the congressional defense com-
mittees notice in writing of the proposed increase.
(d) ANNUAL DOD INSPECTOR GENERAL REVIEW.—(1)
Not later than March 1 of each year, the Department of
Defense Inspector General shall review the RAH–66 Co-
manche aircraft program and submit to Congress a report
on the results of the review.
(2) The report submitted on the program each year
shall include the following:
(A) The extent to which engineering and manu-
facturing development under the program is meeting
the goals established for engineering and manufac-
turing development under the program, including the
performance, cost, and schedule goals.
(B) The status of modifications expected to have
a significant effect on cost, schedule, or performance
of RAH–66 aircraft.
(C) The plan for engineering and manufacturing
development (leading to production) under the pro-
gram for the fiscal year that begins in the following
year.
(D) A conclusion regarding whether the plan re-
ferred to in subparagraph (C) is consistent with the
limitation in subsection (a).
(E) A conclusion regarding whether engineering
and manufacturing development (leading to produc-
tion) under the program is likely to be completed at
a total cost not in excess of the amount specified in
subsection (a).
(3) No report is required under this subsection after
the RAH–66 aircraft has completed engineering and manu-
facturing development.
(e) LIMITATION ON OBLIGATION OF FUNDS.—Of the
total amount authorized to be appropriated for the RAH–
66 Comanche aircraft program for research, development,
test, and evaluation for a fiscal year, not more than 90 per-
cent of that amount may be obligated until the Department
of Defense Inspector General submits to Congress the report
required to be submitted in that fiscal year under subsection
(d).
SEC. 212. EXTENSION OF REQUIREMENT RELATING TO
MANAGEMENT RESPONSIBILITY FOR NAVAL
MINE COUNTERMEASURES PROGRAMS.
Section 216(a) of the National Defense Authorization
Act for Fiscal Years 1992 and 1993 (Public Law 102–190;
105 Stat. 1317), as most recently amended by section 211
of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Public Law 105–261; 112 Stat.
1946), is amended by striking ‘‘through 2003’’ and insert-
ing ‘‘through 2008’’.
SEC. 213. EXTENSION OF AUTHORITY TO CARRY OUT PILOT
PROGRAM FOR REVITALIZING THE LABORA-
TORIES AND TEST AND EVALUATION CEN-
TERS OF THE DEPARTMENT OF DEFENSE.
Section 246 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105–
261; 112 Stat. 1955; 10 U.S.C. 2358 note) is amended—
(1) in subsection (a)(1), by inserting before the
period at the end the following: ‘‘, and to demonstrate
improved efficiency in the performance of the re-
search, development, test, and evaluation functions of
the Department of Defense’’;
(2) in subsection (a)(4), by striking ‘‘for a pe-
riod’’ and all that follows through the period at the
end and inserting ‘‘until March 1, 2008.’’;
(3) in subsection (b)(2), by striking ‘‘Promptly
after’’ and all that follows through ‘‘The report shall
contain’’ and inserting ‘‘Not later than December 31
of each year, the Secretary of Defense shall submit to
the congressional defense committees a report on the
activities of the pilot program during the preceding
fiscal year. Each such report shall contain, for each
laboratory or center in the pilot program,’’; and
(4) by adding at the end of subsection (b) the fol-
lowing new paragraph:
‘‘(3) Not later than March 1, 2007, the Secretary of
Defense shall submit to the committees referred to in para-
graph (2) the Secretary’s recommendation as to whether,
and to what extent, the authority to carry out the pilot pro-
gram should be extended.’’.
SEC. 214. REVISED REQUIREMENTS FOR PLAN FOR MANU-
FACTURING TECHNOLOGY PROGRAM.
(a) STREAMLINED CONTENTS OF PLAN.—Subsection
(e) of section 2521 of title 10, United States Code, is amend-
ed by striking ‘‘prepare a five-year plan’’ in paragraph (1)
and all that follows through the end of subparagraph (B)
of paragraph (2) and inserting the following: ‘‘prepare and
maintain a five-year plan for the program.
‘‘(2) The plan shall establish the following:
‘‘(A) The overall manufacturing technology objec-
tives, milestones, priorities, and investment strategy
for the program.
‘‘(B) The specific objectives of, and funding for
the program by, each military department and each
Defense Agency participating in the program.’’.
(b) BIENNIAL REPORT.—Such subsection is further
amended in paragraph (3)—
(1) by striking ‘‘annually’’ and inserting ‘‘bien-
nially’’; and
(2) by striking ‘‘for a fiscal year’’ and inserting
‘‘for each even-numbered fiscal year’’.
SEC. 215. TECHNOLOGY TRANSITION INITIATIVE.
(a) ESTABLISHMENT AND CONDUCT.—Chapter 139 of
title 10, United States Code, is amended by inserting after
section 2359 the following new section:
‘‘§ 2359a. Technology Transition Initiative
‘‘(a) INITIATIVE REQUIRED.—The Secretary of De-
fense, acting through the Under Secretary of Defense for Ac-
quisition, Technology, and Logistics, shall carry out an ini-
tiative, to be known as the Technology Transition Initiative
(hereinafter in this section referred to as the ‘Initiative’),
to facilitate the rapid transition of new technologies from
science and technology programs of the Department of De-
fense into acquisition programs of the Department for the
production of such technologies.
‘‘(b) OBJECTIVES.—The Initiative shall have the fol-
lowing objectives:
‘‘(1) To accelerate the introduction of new tech-
nologies into appropriate acquisition programs.
‘‘(2) To successfully demonstrate new technologies
in relevant environments.
‘‘(3) To ensure that new technologies are suffi-
ciently mature for production.
‘‘(c) MANAGEMENT OF INITIATIVE.—(1) The Initiative
shall be managed by a senior official in the Office of the
Secretary of Defense designated by the Secretary (herein-
after in this section referred to as the ‘Manager’). In man-
aging the Initiative, the Manager shall report directly to
the Under Secretary of Defense for Acquisition, Technology,
and Logistics.
‘‘(2) The Secretary shall establish a board of directors
(hereinafter in this section referred to as the ‘Board’), com-
posed of the acquisition executive of each military depart-
ment, the members of the Joint Requirements Oversight
Council, and the commander of the Joint Forces Command.
The Board shall assist the Manager in managing the Initia-
tive.
‘‘(3) The Secretary shall establish, under the auspices
of the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics, a panel of highly qualified scientists
and engineers. The panel shall advise the Under Secretary
on matters relating to the Initiative.
‘‘(d) DUTIES OF MANAGER.—The Manager shall have
following duties:
‘‘(1) To identify, in consultation with the Board,
promising technologies that have been demonstrated
in science and technology programs of the Depart-
ment.
‘‘(2) To identify potential sponsors in the De-
partment to undertake the transition of such tech-
nologies into production.
‘‘(3) To work with the science and technology
community and the acquisition community to develop
memoranda of agreement, joint funding agreements,
and other cooperative arrangements to provide for the
transition of such technologies into production.
‘‘(4) Provide funding support for projects selected
under subsection (e).
‘‘(e) JOINTLY FUNDED PROJECTS.—(1) The acquisi-
tion executive of each military department shall identify
technology projects of that military department to rec-
ommend for funding support under the Initiative and shall
submit to the Manager a list of such recommended projects,
ranked in order of priority. Such executive shall identify
such projects, and establish priorities among such projects,
using a competitive process, on the basis of the greatest po-
tential benefits in areas of interest identified by the Sec-
retary of that military department.
‘‘(2) The Manager, in consultation with the Board,
shall select projects for funding support from among the
projects on the lists submitted under paragraph (1). From
the funds made available to the Manager for the Initiative,
the Manager shall provide funds for each selected project
in an amount determined by mutual agreement between the
Manager and the acquisition executive of the military de-
partment concerned, but not less than 50 percent of the total
cost of the project.
‘‘(3) The acquisition executive of the military depart-
ment concerned shall manage each project selected under
paragraph (2) that is undertaken by the military depart-
ment. Memoranda of agreement, joint funding agreements,
and other cooperative arrangements between the science and
technology community and the acquisition community shall
be used in carrying out the project if the acquisition execu-
tive determines that it is appropriate to do so to achieve
the objectives of the project.
‘‘(f) REQUIREMENT FOR PROGRAM ELEMENT.—In the
budget justification materials submitted to Congress in sup-
port of the Department of Defense budget for any fiscal year
(as submitted with the budget of the President under section
1105(a) of title 31), the amount requested for activities of
the Initiative shall be set forth in a separate program ele-
ment within amounts requested for research, development,
test, and evaluation for Defense-wide activities.
‘‘(g) DEFINITION
OF ACQUISITION EXECUTIVE.—In
this section, the term ‘acquisition executive’, with respect
to a military department, means the official designated as
the senior procurement executive for that military depart-
ment under section 16(3) of the Office of Federal Procure-
ment Policy Act (41 U.S.C. 414(3)).’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 2359 the following new item:
‘‘2359a. Technology Transition Initiative.’’.
SEC. 216. DEFENSE ACQUISITION CHALLENGE PROGRAM.
(a) IN GENERAL.—(1) Chapter 139 of title 10, United
States Code, is amended by inserting after section 2359a
(as added by section 215) the following new section:
‘‘§ 2359b. Defense Acquisition Challenge Program
‘‘(a) PROGRAM REQUIRED.—The Secretary of Defense
shall carry out a program to provide opportunities for the
increased introduction of innovative and cost-saving tech-
nology in acquisition programs of the Department of De-
fense. The program, to be known as the Defense Acquisition
Challenge Program (hereinafter in this section referred to
as the ‘Challenge Program’), shall provide any person or
activity within or outside the Department of Defense with
the opportunity to propose alternatives, to be known as
challenge proposals, at the component, subsystem, or system
level of an existing Department of Defense acquisition pro-
gram that would result in improvements in performance,
affordability, manufacturability, or operational capability
of that acquisition program.
‘‘(b) PANEL.—(1) In carrying out the Challenge Pro-
gram, the Secretary shall establish a panel of highly quali-
fied scientists and engineers (hereinafter in this section re-
ferred to as the ‘Panel’) under the auspices of the Under
Secretary of Defense for Acquisition, Technology, and Lo-
gistics. The duty of the Panel shall be to carry out evalua-
tions of challenge proposals under subsection (c).
‘‘(2) A member of the Panel may not participate in
any evaluation of a challenge proposal under subsection (c)
if at any time within the previous five years that member
has, in any capacity, participated in or been affiliated with
the acquisition program for which the challenge proposal
is submitted.
‘‘(c) EVALUATION BY PANEL.—(1) Under procedures
prescribed by the Secretary, a person or activity within or
outside the Department of Defense may submit challenge
proposals to the Panel.
‘‘(2) The Panel shall carry out an evaluation of each
challenge proposal submitted under paragraph (1) to deter-
mine each of the following criteria:
‘‘(A) Whether the challenge proposal has merit.
‘‘(B) Whether the challenge proposal is likely to
result in improvements in performance, affordability,
manufacturability, or operational capability at the
component, subsystem, or system level of the applica-
ble acquisition program.
‘‘(C) Whether the challenge proposal could be im-
plemented rapidly in the applicable acquisition pro-
gram.
‘‘(3) If the Panel determines that a challenge proposal
satisfies each of the criteria specified in paragraph (2), the
person or activity submitting that challenge proposal shall
be provided an opportunity to submit such challenge pro-
posal for a full review and evaluation under subsection (d).
‘‘(d) FULL REVIEW
AND EVALUATION.—(1) Under
procedures prescribed by the Secretary, for each challenge
proposal submitted for a full review and evaluation as pro-
vided in subsection (c)(3), the office carrying out the appli-
cable acquisition program, and the prime system contractor
carrying out such program, shall jointly conduct a full re-
view and evaluation of the challenge proposal.
‘‘(2) The full review and evaluation shall, independent
of the determination of the Panel under subsection (c)(2),
determine each of the matters specified in subparagraphs
(A), (B), and (C) of such subsection.
‘‘(e) ACTION UPON FAVORABLE FULL REVIEW AND
EVALUATION.—(1) Under procedures prescribed by the Sec-
retary, each challenge proposal determined under a full re-
view and evaluation to satisfy each of the criteria specified
in subsection (c)(2) shall be considered by the prime system
contractor for incorporation into the applicable acquisition
program as a new technology insertion at the component,
subsystem, or system level.
‘‘(2) The Secretary shall encourage the adoption of
each challenge proposal referred to in paragraph (1) by pro-
viding suitable incentives to the office carrying out the ap-
plicable acquisition program and the prime system con-
tractor carrying out such program.
‘‘(f) ACCESS TO TECHNICAL RESOURCES.—The Sec-
retary shall ensure that the Panel (in carrying out evalua-
tions of challenge proposals under subsection (c)) and each
office and prime system contractor (in conducting a full
review and evaluation under subsection (d)) have the au-
thority to call upon the technical resources of the labora-
tories, research, development, and engineering centers, test
and evaluation activities, and other elements of the Depart-
ment.
‘‘(g) ELIMINATION OF CONFLICTS OF INTEREST.—In
carrying out each evaluation under subsection (c) and full
review under subsection (d), the Secretary shall ensure the
elimination of conflicts of interest.
‘‘(h) REPORT.—The Secretary shall submit to Con-
gress, with the submission of the budget request for the De-
partment of Defense for each fiscal year during which the
Challenge Program is carried out, a report on the Challenge
Program for that fiscal year. The report shall include the
number and scope of challenge proposals submitted, evalu-
ated, subjected to full review, and adopted.
‘‘(i) SUNSET.—The authority to carry out this section
shall terminate on September 30, 2007.’’.
(2) The table of sections at the beginning of such chap-
ter is amended by inserting after the item relating to section
2359a (as added by section 215) the following new item:
‘‘2359b. Defense Acquisition Challenge Program.’’.
(b) INITIAL FUNDING.—(1) Of the funds authorized to
be appropriated by section 201(4) for Defense-wide research,
development, test, and evaluation for fiscal year 2003,
$25,000,000 shall be available in program element
0603826D8Z for the Defense Acquisition Challenge Pro-
gram required by section 2359b of title 10, United States
Code, as added by subsection (a).
(2) The funds provided under paragraph (1) may be
used only for review and evaluation of challenge proposals,
and not for implementation of challenge proposals.
Subtitle C—Ballistic Missile
Defense
SEC. 231. LIMITATION ON OBLIGATION OF FUNDS FOR PRO-
CUREMENT OF PATRIOT (PAC–3) MISSILES
PENDING SUBMISSION OF REQUIRED CER-
TIFICATION.
None of the funds appropriated for fiscal year 2003
for procurement of missiles for the Army may be obligated
for the Patriot Advanced Capability (PAC–3) missile pro-
gram until the Secretary of Defense has submitted to the
congressional defense committees the following:
(1) The criteria for the transfer of responsibility
for a missile defense program from the Director of the
Missile Defense Agency to the Secretary of a military
department, as required by section 224(b)(2) of title
10, United States Code.
(2) The notice and certification with respect to
the transfer of responsibility for the Patriot Advanced
Capability (PAC–3) missile program from the Direc-
tor to the Secretary of the Army required by section
224(c) of such title.
SEC. 232. RESPONSIBILITY OF MISSILE DEFENSE AGENCY
FOR RESEARCH, DEVELOPMENT, TEST, AND
EVALUATION RELATED TO SYSTEM IMPROVE-
MENTS OF PROGRAMS TRANSFERRED TO
MILITARY DEPARTMENTS.
Section 224(e) of title 10, United States Code, is
amended—
(1) by striking ‘‘before a’’ and inserting ‘‘for
each’’;
(2) by striking ‘‘is’’; and
(3) by striking ‘‘roles and responsibilities’’ and
all that follows through the period at the end and in-
serting ‘‘responsibility for research, development, test,
and evaluation related to system improvements for
that program remains with the Director.’’.
SEC. 233. AMENDMENTS TO REFLECT CHANGE IN NAME OF
BALLISTIC MISSILE DEFENSE ORGANIZATION
TO MISSILE DEFENSE AGENCY.
(a) TITLE 10, UNITED STATES CODE.—Title 10,
United States Code, is amended as follows:
(1) Sections 203, 223, and 224 are each amended
by striking ‘‘Ballistic Missile Defense Organization’’
each place it appears and inserting ‘‘Missile Defense
Agency’’.
(2)(A) The heading of section 203 is amended to
read as follows:
‘‘§ 203. Director of Missile Defense Agency’’.
(B) The item relating to such section in the table
of sections at the beginning of subchapter II of chap-
ter 8 is amended to read as follows:
‘‘203. Director of Missile Defense Agency.’’.
(b) PUBLIC LAW 107–107.—(1) Section 232 of the Na-
tional Defense Authorization Act for Fiscal Year 2002 (Pub-
lic Law 107–107; 10 U.S.C. 2431 note) is amended by strik-
ing ‘‘Ballistic Missile Defense Organization’’ each place it
appears and inserting ‘‘Missile Defense Agency’’.
(2) The heading for such section is amended to read
as follows:
‘‘SEC. 232. PROGRAM ELEMENTS FOR MISSILE DEFENSE
AGENCY.’’.
(c) PUBLIC LAW 106–398.—(1) Section 3132 of the
Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (as enacted into law by Public Law 106–
398; 10 U.S.C. 2431 note) is amended by striking ‘‘Ballistic
Missile Defense Organization’’ each place it appears and
inserting ‘‘Missile Defense Agency’’.
(2) Such section is further amended in subsection (c)
by striking ‘‘BMDO’’ and inserting ‘‘MDA’’.
(3) The section heading for such section is amended
to read as follows:
‘‘SEC. 3132. ENHANCED COOPERATION BETWEEN NATIONAL
NUCLEAR SECURITY ADMINISTRATION AND
MISSILE DEFENSE AGENCY.’’.
(d) OTHER LAWS.—The following provisions are each
amended by striking ‘‘Ballistic Missile Defense Organiza-
tion’’ each place it appears and inserting ‘‘Missile Defense
Agency’’:
(1) Section 233 of the National Defense Author-
ization Act for Fiscal Year 1998 (Public Law 105–
85; 10 U.S.C. 223 note).
(2) Section 234 of the National Defense Author-
ization Act for Fiscal Year 1996 (Public Law 104–
106; 10 U.S.C. 2431 note).
(3) Sections 235 (10 U.S.C. 2431 note) and 243
(10 U.S.C. 2431 note) of the National Defense Author-
ization Act for Fiscal Year 1994 (Public Law 103–
160).
TITLE III—OPERATION AND
MAINTENANCE
Subtitle A—Authorization of
Appropriations
SEC. 301. OPERATION AND MAINTENANCE FUNDING.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows:
(1) For the Army, $24,159,733,000.
(2) For the Navy, $29,428,876,000.
(3) For the Marine Corps, $3,588,512,000.
(4) For the Air Force, $27,299,404,000.
(5) For Defense-wide activities, $14,370,037,000.
(6) For the Army Reserve, $1,918,110,000.
(7) For the Naval Reserve, $1,233,759,000.
(8) For the Marine Corps Reserve, $185,532,000.
(9) For the Air Force Reserve, $2,194,719,000.
(10) 
For 
the 
Army 
National 
Guard,
$4,300,767,000.
(11) 
For 
the 
Air 
National 
Guard,
$4,077,845,000.
(12) 
For 
the 
Defense 
Inspector 
General,
$155,165,000.
(13) For the United States Court of Appeals for
the Armed Forces, $9,614,000.
(14) For Environmental Restoration, Army,
$395,900,000.
(15) For Environmental Restoration, Navy,
$256,948,000.
(16) For Environmental Restoration, Air Force,
$389,773,000.
(17) For Environmental Restoration, Defense-
wide, $23,498,000.
(18) For Environmental Restoration, Formerly
Used Defense Sites, $212,102,000.
(19) For Overseas Humanitarian, Disaster, and
Civic Aid programs, $58,400,000.
(20) For Drug Interdiction and Counter-drug
Activities, Defense-wide, $848,907,000.
(21) For the Kaho’olawe Island Conveyance, Re-
mediation, and Environmental Restoration Trust
Fund, $25,000,000.
(22) 
For 
Defense 
Health 
Program,
$14,242,541,000.
(23) For Cooperative Threat Reduction pro-
grams, $416,700,000.
(24) For Support for International Sporting
Competitions, Defense, $19,000,000.
SEC. 302. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fis-
cal year 2003 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds
in amounts as follows:
(1) For the Defense Working Capital Funds,
$1,504,956,000.
(2) For the National Defense Sealift Fund,
$934,129,000.
SEC. 303. ARMED FORCES RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2003 from the Armed Forces Retirement Home Trust
Fund the sum of $69,921,000 for the operation of the Armed
Forces Retirement Home.
Subtitle B—Environmental
Provisions
SEC. 311. INCIDENTAL TAKING OF MIGRATORY BIRDS DUR-
ING MILITARY READINESS ACTIVITY.
Section 3 of the Migratory Bird Treaty Act (16 U.S.C.
704) is amended by adding at the end the following new
subsection:
‘‘(c)(1) Section 2 shall not apply to the incidental tak-
ing of a migratory bird by a member of the Armed Forces
during a military readiness activity authorized by the Sec-
retary of Defense or the Secretary of the military depart-
ment concerned.
‘‘(2)(A) In this subsection, the term ‘military readiness
activity’ includes—
‘‘(i) all training and operations of the Armed
Forces that relate to combat; and
‘‘(ii) the adequate and realistic testing of mili-
tary equipment, vehicles, weapons, and sensors for
proper operation and suitability for combat use.
‘‘(B) The term does not include—
‘‘(i) the routine operation of installation oper-
ating support functions, such as administrative of-
fices, military exchanges, commissaries, water treat-
ment facilities, storage facilities, schools, housing,
motor pools, laundries, morale, welfare, and recre-
ation activities, shops, and mess halls;
‘‘(ii) the operation of industrial activities; or
‘‘(iii) the construction or demolition of facilities
used for a purpose described in clause (i) or (ii).’’.
SEC. 312. MILITARY READINESS AND THE CONSERVATION
OF PROTECTED SPECIES.
(a) LIMITATION ON DESIGNATION OF CRITICAL HABI-
TAT.—Section 4(a)(3) of the Endangered Species Act of
1973 (16 U.S.C. 1533(a)(3)) is amended—
(1) by redesignating subparagraphs (A) and (B)
as clauses (i) and (ii), respectively;
(2) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(3) by adding at the end the following:
‘‘(B)(i) The Secretary may not designate as critical
habitat any lands or other geographical areas owned or con-
trolled by the Department of Defense, or designated for its
use, that are subject to an integrated natural resources
management plan prepared under section 101 of the Sikes
Act (16 U.S.C. 670a), if the Secretary determines that such
plan addresses special management considerations or pro-
tection (as those terms are used in section 3(5)(A)(i)).
‘‘(ii) Nothing in this subparagraph affects the require-
ment to consult under section 7(a)(2) with respect to an
agency action (as that term is defined in that section).
‘‘(iii) Nothing in this subparagraph affects the obliga-
tion of the Department of Defense to comply with section
9 of the Endangered Species Act of 1973, including the pro-
hibition preventing extinction and taking of endangered
species and threatened species.’’.
(b) CONSIDERATION OF EFFECTS OF DESIGNATION OF
CRITICAL HABITAT.—Section 4(b)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1533(b)(2)) is amended by
inserting ‘‘the impact on national security,’’ after ‘‘the eco-
nomic impact,’’.
SEC. 313. SINGLE POINT OF CONTACT FOR POLICY AND
BUDGETING 
ISSUES 
REGARDING
UNEXPLODED ORDNANCE, DISCARDED MILI-
TARY MUNITIONS, AND MUNITIONS CON-
STITUENTS.
Section 2701 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(k) UXO PROGRAM MANAGER.—(1) The Secretary of
Defense shall establish a program manager who shall serve
as the single point of contact in the Department of Defense
for policy and budgeting issues involving the characteriza-
tion, remediation, and management of explosive and related
risks with respect to unexploded ordnance, discarded mili-
tary munitions, and munitions constituents at defense sites
(as such terms are defined in section 2710 of this title) that
pose a threat to human health or safety.
‘‘(2) The Secretary of Defense may delegate this au-
thority to the Secretary of a military department, who may
delegate the authority to the Under Secretary of that mili-
tary department. The authority may not be further dele-
gated.
‘‘(3) The program manager may establish an inde-
pendent advisory and review panel that may include rep-
resentatives of the National Academy of Sciences, non-
governmental organizations with expertise regarding
unexploded ordnance, discarded military munitions, or mu-
nitions constituents, the Environmental Protection Agency,
States (as defined in section 2710 of this title), and tribal
governments. If established, the panel would report annu-
ally to Congress on progress made by the Department of
Defense to address unexploded ordnance, discarded military
munitions, or munitions constituents at defense sites and
make such recommendations as the panel considered appro-
priate.’’.
Subtitle C—Commissaries and Non-
appropriated Fund Instrumen-
talities
SEC. 321. AUTHORITY FOR EACH MILITARY DEPARTMENT
TO PROVIDE BASE OPERATING SUPPORT TO
FISHER HOUSES.
Section 2493(f) of title 10, United States Code, is
amended to read as follows:
‘‘(f) BASE OPERATING SUPPORT.—The Secretary of a
military department may provide base operating support
for Fisher Houses associated with health care facilities of
that military department.’’.
SEC. 322. USE OF COMMISSARY STORES AND MWR RETAIL
FACILITIES 
BY 
MEMBERS 
OF 
NATIONAL
GUARD SERVING IN NATIONAL EMERGENCY.
(a) ADDITIONAL BASIS FOR AUTHORIZED USE.—Sec-
tion 1063a of title 10, United States Code, is amended—
(1) in subsection (a), by inserting ‘‘or national
emergency’’ after ‘‘federally declared disaster’’; and
(2) in subsection (c), by adding at the end the
following new paragraph:
‘‘(3) NATIONAL
EMERGENCY.—The term ‘na-
tional emergency’ means a national emergency de-
clared by the President or Congress.’’.
(b) CLERICAL AMENDMENTS.—(1) The heading of such
section is amended to read as follows:
‘‘§ 1063a. Use of commissary stores and MWR retail fa-
cilities: members of National Guard serv-
ing in federally declared disaster or na-
tional emergency’’.
(2) The table of sections at the beginning of chapter
54 of such title is amended by striking the item relating
to section 1063a and inserting the following new item:
‘‘1063a. Use of commissary stores and MWR retail facilities: members of National
Guard serving in federally declared disaster or national emer-
gency.’’.
SEC. 323. UNIFORM FUNDING AND MANAGEMENT OF MO-
RALE, 
WELFARE, 
AND 
RECREATION 
PRO-
GRAMS.
(a) IN GENERAL.—Chapter 147 of title 10, United
States Code, is amended by adding at the end the following
new section:
‘‘§ 2494. Uniform funding and management of morale,
welfare, and recreation programs
‘‘(a) AUTHORITY FOR UNIFORM FUNDING AND MAN-
AGEMENT.—Under regulations prescribed by the Secretary
of Defense, funds appropriated to the Department of Defense
and available for morale, welfare, and recreation programs
may be treated as nonappropriated funds and expended in
accordance with laws applicable to the expenditures of non-
appropriated funds. When made available for morale, wel-
fare, and recreation programs under such regulations, ap-
propriated funds shall be considered to be nonappropriated
funds for all purposes and shall remain available until ex-
pended.
‘‘(b) CONDITIONS ON AVAILABILITY.—Funds appro-
priated to the Department of Defense may be made avail-
able to support a morale, welfare, or recreation program
only if the program is authorized to receive appropriated
fund support and only in the amounts the program is au-
thorized to receive.
‘‘(c) CONVERSION OF EMPLOYMENT POSITIONS.—(1)
The Secretary of Defense may identify positions of employ-
ees in morale, welfare, and recreation programs within the
Department of Defense who are paid with appropriated
funds whose status may be converted from the status of an
employee paid with appropriated funds to the status of an
employee of a nonappropriated fund instrumentality.
‘‘(2) The status of an employee in a position identified
by the Secretary under paragraph (1) may, with the con-
sent of the employee, be converted to the status of an em-
ployee of a nonappropriated fund instrumentality. An em-
ployee who does not consent to the conversion may not be
removed from the position because of the failure to provide
such consent.
‘‘(3) The conversion of an employee from the status of
an employee paid by appropriated funds to the status of
an employee of a nonappropriated fund instrumentality
shall be without a break in service for the concerned em-
ployee. The conversion shall not entitle an employee to sev-
erance pay, back pay or separation pay under subchapter
IX of chapter 55 of title 5, or be considered an involuntary
separation or other adverse personnel action entitling an
employee to any right or benefit under such title or any
other provision of law or regulation.
‘‘(4) In this subsection, the term ‘an employee of a non-
appropriated fund instrumentality’ means an employee de-
scribed in section 2105(c) of title 5.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of such chapter is amended by adding at the
end the following new item:
‘‘2494. Uniform funding and management of morale, welfare, and recreation pro-
grams.’’.
Subtitle D—Workplace and Depot
Issues
SEC. 331. NOTIFICATION REQUIREMENTS IN CONNECTION
WITH REQUIRED STUDIES FOR CONVERSION
OF COMMERCIAL OR INDUSTRIAL TYPE FUNC-
TIONS TO CONTRACTOR PERFORMANCE.
Subsection (c) of section 2461 of title 10, United States
Code, is amended to read as follows:
‘‘(c) SUBMISSION OF ANALYSIS RESULTS.—(1) Upon
the completion of an analysis of a commercial or industrial
type function described in subsection (a) for possible change
to performance by the private sector, the Secretary of De-
fense shall submit to Congress a report containing the re-
sults of the analysis, including the results of the examina-
tions required by subsection (b)(3).
‘‘(2) The report shall also contain the following:
‘‘(A) The date when the analysis of the function
was commenced.
‘‘(B) The Secretary’s certification that the Gov-
ernment calculation of the cost of performance of the
function by Department of Defense civilian employees
is based on an estimate of the most cost effective man-
ner for performance of the function by Department of
Defense civilian employees.
‘‘(C) The number of Department of Defense civil-
ian employees who were performing the function when
the analysis was commenced and the number of such
employees whose employment was or will be termi-
nated or otherwise affected by changing to perform-
ance of the function by the private sector or by imple-
mentation of the most efficient organization of the
function.
‘‘(D) The Secretary’s certification that the fac-
tors considered in the examinations performed under
subsection (b)(3), and in the making of the decision
regarding changing to performance of the function by
the private sector or retaining performance in the
most efficient organization of the function, did not in-
clude any predetermined personnel constraint or limi-
tation in terms of man years, end strength, full-time
equivalent positions, or maximum number of employ-
ees.
‘‘(E) A statement of the potential economic effect
of implementing the decision regarding changing to
performance of the function by the private sector or
retaining performance in the most efficient organiza-
tion of the function on each affected local community,
as determined in the examination under subsection
(b)(3)(B)(ii).
‘‘(F) A schedule for completing the change to per-
formance of the function by the private sector or im-
plementing the most efficient organization of the func-
tion.
‘‘(G) In the case of a commercial or industrial
type function performed at a Center of Industrial and
Technical Excellence designated under section 2474(a)
of this title or an Army ammunition plant, a descrip-
tion of the effect that the manner of performance of
the function, and administration of the resulting con-
tract if any, will have on the overhead costs of the
center or ammunition plant, as the case may be.
‘‘(H) The Secretary’s certification that the entire
analysis is available for examination.
‘‘(3)(A) If a decision is made to change the commercial
or industrial type function that was the subject of the anal-
ysis to performance by the private sector, the change of the
function to contractor performance may not begin until
after the submission of the report required by paragraph
(1).
‘‘(B) Notwithstanding subparagraph (A), in the case
of a commercial or industrial type function performed at
a Center of Industrial and Technical Excellence designated
under section 2474(a) of this title or an Army ammunition
plant, the change of the function to contractor performance
may not begin until at least 60 days after the submission
of the report.’’.
SEC. 332. WAIVER AUTHORITY REGARDING PROHIBITION
ON CONTRACTS FOR PERFORMANCE OF SE-
CURITY-GUARD FUNCTIONS.
Section 2465 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection:
‘‘(c) The Secretary of Defense or the Secretary of a
military department may waive the prohibition under sub-
section (a) regarding contracting for the performance of se-
curity-guard functions at a military installation or facility
under the jurisdiction of the Secretary if such functions—
‘‘(1) are or will be performed by members of the
armed forces in the absence of a waiver; or
‘‘(2) were not performed at the installation or fa-
cility before September 11, 2001.’’.
SEC. 333. EXCLUSION OF CERTAIN EXPENDITURES FROM
PERCENTAGE LIMITATION ON CONTRACTING
FOR PERFORMANCE OF DEPOT-LEVEL MAIN-
TENANCE AND REPAIR WORKLOADS.
Section 2474(f)(2) of title 10, United States Code, is
amended by striking ‘‘for fiscal years 2002 through 2005’’.
SEC. 334. REPEAL OF OBSOLETE PROVISION REGARDING
DEPOT-LEVEL MAINTENANCE AND REPAIR
WORKLOADS THAT WERE PERFORMED AT
CLOSED OR REALIGNED MILITARY INSTALLA-
TIONS.
(a) REPEAL.—Section 2469a of title 10, United States
Code, is repealed.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of chapter 146 of such title is amended by
striking the item relating to section 2469a.
SEC. 335. CLARIFICATION OF REQUIRED CORE LOGISTICS
CAPABILITIES.
Section 2464(a)(3) of title 10, United States Code, is
amended by striking ‘‘those capabilities that are necessary
to maintain and repair the weapon systems’’ and inserting
‘‘those logistics capabilities (including acquisition logistics,
supply management, system engineering, maintenance, and
modification management) that are necessary to sustain the
weapon systems’’.
Subtitle E—Defense Dependents
Education
SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES
THAT BENEFIT DEPENDENTS OF MEMBERS
OF THE ARMED FORCES AND DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES.
(a) CONTINUATION
OF DEPARTMENT
OF DEFENSE
PROGRAM FOR FISCAL YEAR 2003.—Of the amount author-
ized to be appropriated pursuant to section 301(5) for oper-
ation and maintenance for Defense-wide activities,
$35,000,000 shall be available only for the purpose of pro-
viding educational agencies assistance to local educational
agencies.
(b) NOTIFICATION.—Not later than June 30, 2003, the
Secretary of Defense shall notify each local educational
agency that is eligible for educational agencies assistance
for fiscal year 2003 of—
(1) that agency’s eligibility for the assistance;
and
(2) the amount of the assistance for which that
agency is eligible.
(c) DISBURSEMENT OF FUNDS.—The Secretary of De-
fense shall disburse funds made available under subsection
(a) not later than 30 days after the date on which notifica-
tion to the eligible local educational agencies is provided
pursuant to subsection (b).
(d) DEFINITIONS.—In this section:
(1) The term ‘‘educational agencies assistance’’
means assistance authorized under section 386(b) of
the National Defense Authorization Act for Fiscal
Year 1993 (Public Law 102–484; 20 U.S.C. 7703
note).
(2) The term ‘‘local educational agency’’ has the
meaning given that term in section 8013(9) of the El-
ementary and Secondary Education Act of 1965 (20
U.S.C. 7713(9)).
SEC. 342. AVAILABILITY OF QUARTERS ALLOWANCE FOR
UNACCOMPANIED 
DEFENSE 
DEPARTMENT
TEACHER REQUIRED TO RESIDE ON OVER-
SEAS MILITARY INSTALLATION.
(a) AUTHORITY
TO
PROVIDE
ALLOWANCE.—Sub-
section (b) of section 7 of the Defense Department Overseas
Teachers Pay and Personnel Practices Act (20 U.S.C. 905)
is amended by adding at the end the following new sentence:
‘‘If the teacher is unaccompanied by dependents and is re-
quired to reside on a United States military installation
in an overseas area, the teacher may receive a quarters al-
lowance to reside in excess family housing at the installa-
tion notwithstanding the availability single room housing
at the installation.’’.
(b) TECHNICAL CORRECTION TO REFLECT CODIFICA-
TION.—Such section is further amended by striking ‘‘the
Act of June 26, 1930 (5 U.S.C. 118a)’’ both places it ap-
pears and inserting ‘‘section 5912 of title 5, United States
Code’’.
SEC. 343. PROVISION OF SUMMER SCHOOL PROGRAMS FOR
STUDENTS WHO ATTEND DEFENSE DEPEND-
ENTS’ EDUCATION SYSTEM.
Section 1402(d) of the Defense Dependents’ Education
Act of 1978 (20 U.S.C. 921(d)) is amended by striking
paragraph (2) and inserting the following new paragraph
(2):
‘‘(2) Individuals eligible to receive a free public edu-
cation under subsection (a) may enroll without charge in
a summer school program offered under this subsection.
Students who are required under section 1404 to pay tui-
tion to enroll in a school of the defense dependents’ edu-
cation system shall also be charged a fee, at a rate estab-
lished by the Secretary, to attend a course offered as part
of the summer school program.’’.
Subtitle F—Information Technology
SEC. 351. AUTHORIZED DURATION OF BASE CONTRACT FOR
NAVY-MARINE CORPS INTRANET.
Section 814 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, as enacted into law
by Public Law 106–398 (114 Stat. 1654A–215) and amend-
ed by section 362 of Public Law 107–107 (115 Stat. 1065),
is amended—
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the following
new subsection (i):
‘‘(i) DURATION
OF
BASE
NAVY-MARINE
CORPS
INTRANET CONTRACT.—Notwithstanding section 2306c of
title 10, United States Code, the base contract of the Navy-
Marine Corps Intranet contract may have a term in excess
of five years, but not more than seven years.’’.
SEC. 352. ANNUAL SUBMISSION OF INFORMATION ON NA-
TIONAL SECURITY AND INFORMATION TECH-
NOLOGY CAPITAL ASSETS.
(a) REQUIREMENT TO SUBMIT INFORMATION.—Not
later than the date that the President submits the budget
of the United States Government to Congress each year, the
Secretary of Defense shall submit to Congress a description
of, and relevant budget information on, each information
technology and national security capital asset of the De-
partment of Defense that—
(1) has an estimated life cycle cost (as computed
in fiscal year 2003 constant dollars), in excess of
$120,000,000; and
(2) has a cost for the fiscal year in which the de-
scription is submitted (as computed in fiscal year
2003 constant dollars) in excess of $30,000,000.
(b) INFORMATION TO BE INCLUDED.—The description
submitted under subsection (a) shall include, with respect
to each such capital asset and national security system—
(1) the name and identifying acronym;
(2) the date of initiation;
(3) a summary of performance measurements
and metrics;
(4) the total amount of funds, by appropriation
account, appropriated and obligated for prior fiscal
years, with a specific breakout of such information for
the two preceding fiscal years;
(5) the funds, by appropriation account, re-
quested for that fiscal year;
(6) each prime contractor and the work to be
performed;
(7) a description of program management and
management oversight;
(8) the original baseline cost and most current
baseline information; and
(9) a description of compliance with the provi-
sions enacted in the Government Performance Results
Act of 1993 (Public Law 103–62; 107 Stat. 285) and
the Clinger–Cohen Act of 1996 (division D of Public
Law 104–106; 110 Stat. 642).
(c) ADDITIONAL INFORMATION TO BE INCLUDED FOR
CERTAIN SYSTEMS.—(1) For each information technology
and national security system of the Department of Defense
that has a cost for the fiscal year in excess of $2,000,000,
the Secretary shall identify that system by name, function,
and total funds requested for the system.
(2) For each information technology and national se-
curity system of the Department of Defense that has a cost
for the fiscal year in excess of $10,000,000, the Secretary
shall identify that system by name, function, and total
funds requested (by appropriation account) for that fiscal
year, the funds appropriated for the preceding fiscal year,
and the funds estimated to be requested for the next fiscal
year.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘information technology’’ has the
meaning given that term in section 5002 of the
Clinger–Cohen Act of 1996 (40 U.S.C. 1401(3)).
(2) The Navy, 379,457.
(3) The Marine Corps, 175,000.
(4) The Air Force, 360,795.
SEC. 402. REVISION IN PERMANENT END STRENGTH MIN-
IMUM LEVELS.
(a) REVISED
END
STRENGTH
FLOORS.—Section
691(b) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking ‘‘480,000’’ and
inserting ‘‘484,800’’;
(2) in paragraph (2), by striking ‘‘376,000’’ and
inserting ‘‘379,457’;
(3) in paragraph (3), by striking ‘‘172,600’’ and
inserting ‘‘175,000’’; and
(4) in paragraph (4), by striking ‘‘358,800’’ and
inserting ‘‘360,795’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on October 1, 2002, or the date
of the enactment of this Act, whichever is later.
SEC. 403. AUTHORITY FOR MILITARY DEPARTMENT SECRE-
TARIES 
TO 
INCREASE 
ACTIVE-DUTY 
END
STRENGTHS BY UP TO 1 PERCENT.
(a) SERVICE SECRETARY AUTHORITY.—Section 115 of
title 10, United States Code, is amended by inserting after
subsection (e) the following new subsection: