H. R. 4546—178
‘‘(3) The amount of pay deducted and withheld from the pay
owed to an employee or member with respect to a pay period
under paragraph (1) may not exceed 15 percent of the disposable
pay of the employee or member for that pay period, except that
a higher amount may be deducted and withheld with the written
consent of the employee or member.
‘‘(4) The Secretary of Defense shall prescribe procedures for
deducting and withholding amounts from pay under this subsection.
The procedures shall be substantially equivalent to the procedures
under section 3716 of title 31.
‘‘(c) OFFSETS OF RETIRED PAY.—In the case of a former employee
of the Department of Defense or a retired member of the armed
forces who is receiving retired pay and who owes an amount to
a creditor by reason of one or more charges on a Defense travel
card that were made before the retirement of the employee or
member, the Secretary may require amounts to be deducted and
withheld from any retired pay of the former employee or retired
member in the same manner and subject to the same conditions
as the Secretary deducts and withholds amounts from basic pay
payable to an employee or member under subsection (b).
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘Defense travel card’ means a charge or
credit card that—
‘‘(A) is issued to an employee of the Department of
Defense or a member of the armed forces under a contract
entered into by the Department of Defense with the issuer
of the card; and
‘‘(B) is to be used for charging expenses incurred by
the employee or member in connection with official travel.
‘‘(2) The term ‘disposable pay’, with respect to a pay period,
means the amount equal to the excess of the amount of basic
pay or retired pay, as the case may be, payable for the pay
period over the total of the amounts deducted and withheld
from such pay.
‘‘(3) The term ‘retired pay’ means—
‘‘(A) in the case of a former employee of the Department
of Defense, any retirement benefit payable to that indi-
vidual, out of the Civil Service Retirement and Disability
Fund, based (in whole or in part) on service performed
by such individual as a civilian employee of the Department
of Defense; and
‘‘(B) in the case of a retired member of the armed
forces or member of the Fleet Reserve or Fleet Marine
Corps Reserve, retired or retainer pay to which the member
is entitled.
‘‘(e) EXCLUSION OF COAST GUARD.—This section does not apply
to the Coast Guard.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 165 of such title is amended by inserting after
the item relating to section 2784 the following new item:
‘‘2784a. Management of travel cards.’’.
SEC. 1009. CLEARANCE OF CERTAIN TRANSACTIONS RECORDED IN
TREASURY SUSPENSE ACCOUNTS AND RESOLUTION OF
CERTAIN CHECK ISSUANCE DISCREPANCIES.
(a) CLEARANCE OF CERTAIN SUSPENSE ACCOUNTS.—(1) In the
case of any transaction that was entered into by or on behalf
H. R. 4546—179
of the Department of Defense before March 1, 2001, that is recorded
in the Department of Treasury Budget Clearing Account (Suspense)
designated as account F3875, the Unavailable Check Cancellations
and Overpayments Account (Suspense) designated as account
F3880, or an Undistributed Intergovernmental Payments account
designated as account F3885, and for which no appropriation for
the Department of Defense has been identified—
(A) any undistributed collection credited to such account
in such case shall be deposited to the miscellaneous receipts
of the Treasury; and
(B) subject to paragraph (2), any undistributed disburse-
ment recorded in such account in such case shall be canceled.
(2) An undistributed disbursement may not be canceled under
paragraph (1)(B) until the Secretary of Defense has made a written
determination that the appropriate official or officials of the Depart-
ment of Defense have attempted without success to locate the
documentation necessary to identify which appropriation should
be charged with such disbursement and that further efforts to
do so are not in the best interests of the United States.
(b) RESOLUTION OF CHECK ISSUANCE DISCREPANCIES.—(1) In
the case of any check drawn on the Treasury that was issued
by or on behalf of the Department of Defense before October 31,
1998, for which the Secretary of the Treasury has reported to
the Department of Defense a discrepancy between the amount
paid and the amount of the check as transmitted to the Department
of Treasury, and for which no specific appropriation for the Depart-
ment of Defense can be identified as being associated with the
check, the discrepancy shall be canceled, subject to paragraph (2).
(2) A discrepancy may not be canceled under paragraph (1)
until the Secretary of Defense has made a written determination
that the appropriate official or officials of the Department of Defense
have attempted without success to locate the documentation nec-
essary to identify which appropriation should be charged with the
amount of the check and that further efforts to do so are not
in the best interests of the United States.
(c) CONSULTATION.—The Secretary of Defense shall consult the
Secretary of the Treasury in the exercise of the authority granted
by subsections (a) and (b).
(d) DURATION OF CANCELLATION AUTHORITY FOLLOWING DETER-
MINATION.—(1) A particular undistributed disbursement may not
be canceled under paragraph (1)(B) of subsection (a) more than
30 days after the date of the written determination made by the
Secretary of Defense under paragraph (2) of such subsection
regarding that undistributed disbursement.
(2) A particular discrepancy may not be canceled under para-
graph (1) of subsection (b) more than 30 days after the date of
the written determination made by the Secretary of Defense under
paragraph (2) of such subsection regarding that discrepancy.
(e) PROGRAM TERMINATION.—No authority may be exercised
under this section after the date that is two years after the date
of the enactment of this Act.
H. R. 4546—180
SEC. 1010. AUTHORIZATION OF FUNDS FOR BALLISTIC MISSILE
DEFENSE PROGRAMS OR COMBATING TERRORISM PRO-
GRAMS OF THE DEPARTMENT OF DEFENSE.
(a) AUTHORIZATION.—There is hereby authorized to be appro-
priated for fiscal year 2003 for the military functions of the Depart-
ment of Defense, in addition to amounts authorized to be appro-
priated in titles I, II, and III, the amount of $814,300,000, to
be available, in accordance with subsection (b), for the following
purposes:
(1) Research, development, test, and evaluation for ballistic
missile defense programs of the Missile Defense Agency of
the Department of Defense.
(2) Activities of the Department of Defense for combating
terrorism at home and abroad.
(b) ALLOCATION
BY PRESIDENT.—(1) The amount authorized
to be appropriated by subsection (a) shall be allocated between
the purposes stated in paragraphs (1) and (2) of that subsection
in such manner as may be determined by the President based
upon the national security interests of the United States. The
amount authorized in subsection (a) shall not be available for any
other purpose.
(2) Upon an allocation of such amount by the President, the
amount so allocated shall be transferred to the appropriate regular
authorization account under this division in the same manner as
provided in section 1001. Transfers under this paragraph shall
not be counted for the purposes of section 1001(a)(2).
(3) Not later than 15 days after an allocation is made under
this subsection, the Secretary of Defense shall submit to the
congressional defense committees a report describing the President’s
allocation, the basis for the President’s determination in making
such allocation, and the Secretary’s plan for the use by the Depart-
ment of Defense of the funds made available pursuant to such
allocation.
SEC. 1011. REDUCTION IN OVERALL AUTHORIZATION DUE TO INFLA-
TION SAVINGS.
(a) REDUCTION.—The total amount authorized to be appro-
priated by titles I, II, and III is the amount equal to the sum
of the individual authorizations in those titles reduced by
$1,000,000,000.
(b) SOURCE
OF SAVINGS.—Reductions required in order to
comply with subsection (a) shall be derived from savings resulting
from lower-than-expected inflation as a result of the midsession
review of the budget conducted by the Office of Management and
Budget.
(c) ALLOCATION OF REDUCTION.—The Secretary of Defense shall
allocate the reduction required by subsection (a) among the accounts
in titles I, II, and III to reflect the extent to which net inflation
savings are available in those accounts.
Subtitle B—Naval Vessels and Shipyards
SEC. 1021. NUMBER OF NAVY COMBATANT SURFACE VESSELS IN
ACTIVE AND RESERVE SERVICE.
(a) CONTINGENT REQUIREMENT FOR REPORT.—(1) If, on the date
of the enactment of this Act, the number of combatant surface
H. R. 4546—181
vessels of the Navy is less than 116, the Secretary of the Navy
shall, not later than 90 days after such date, submit to the Commit-
tees on Armed Services of the Senate and the House of Representa-
tives a report on the size of the force of combatant surface vessels
of the Navy. The report shall include a risk assessment for a
force of combatant surface vessels in the number as of the date
of the enactment of this Act that is based on the same assumptions
as were applied in the QDR 2001 combatant surface force risk
assessment.
(2) The definitions in subsection (c) of section 7296 of title
10, United States Code, as added by subsection (b), apply to this
subsection.
(b) NUMBER OF COMBATANT SURFACE VESSELS.—(1) Chapter
633 of title 10, United States Code, is amended by inserting after
section 7295 the following new section:
‘‘§ 7296. Combatant surface vessels: notice before reduction
in number; preservation of surge capability
‘‘(a) NOTICE-AND-WAIT BEFORE REDUCTIONS.—(1) A reduction
described in paragraph (2) in the number of combatant surface
vessels may only be carried out after—
‘‘(A) the Secretary of the Navy submits to the Committee
on Armed Services of the Senate and the Committee on Armed
Services of the House of Representatives a written notification
of the proposed reduction; and
‘‘(B) a period of 90 days has expired after the date on
which such notification is received.
‘‘(2) A reduction described in this paragraph in the number
of combatant surface vessels is a reduction—
‘‘(A) from 116, or a number greater than 116, to a number
less than 116; or
‘‘(B) from a number less than 116 to a lesser number.
‘‘(3) Any notification under paragraph (1)(A) shall include the
following:
‘‘(A) The schedule for the proposed reduction.
‘‘(B) The number of vessels that are to comprise the force
of combatant surface vessels after the reduction.
‘‘(C) A risk assessment for a force of combatant surface
vessels of the number specified under subparagraph (B) that
is based on the same assumptions as were applied in the
QDR 2001 combatant surface force risk assessment.
‘‘(b) PRESERVATION
OF
SURGE
CAPABILITY.—Whenever the
number of combatant surface vessels is less than 116, the Secretary
of the Navy shall maintain on the Naval Vessel Register a sufficient
number of combatant surface vessels to enable the Navy to regain
a force of combatant surface vessels numbering not less than 116
within 120 days after the date of any decision by the President
to increase the number of combatant surface vessels.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) The term ‘combatant surface vessels’ means cruisers,
destroyers, and frigates that are in active service in the Navy
or in active reserve service in the Navy.
‘‘(2) The term ‘QDR 2001 combatant surface force risk
assessment’ means the risk assessment associated with a force
of combatant surface vessels numbering 116 that is set forth
in the report on the quadrennial defense review submitted
H. R. 4546—182
to Congress on September 30, 2001, under section 118 of this
title.’’.
(2) The table of sections at the beginning of such chapter
is amended by inserting after the item relating to section 7295
the following new item:
‘‘7296. Combatant surface vessels: notice before reduction in number; preservation
of surge capability.’’.
(c) EFFECTIVE DATE FOR 90–DAY WAITING PERIOD.—The provi-
sions of subparagraph (B) of subsection (a)(1) of section 7296 of
title 10, United States Code, as added by subsection (b)(1) of this
section, shall apply only with respect to notifications submitted
under subparagraph (A) of that subsection on or after January
15, 2003.
SEC. 1022. ANNUAL LONG-RANGE PLAN FOR THE CONSTRUCTION OF
NAVAL VESSELS.
(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.—(1) Chapter
9 of title 10, United States Code, is amended by adding at the
end the following new section:
‘‘§ 231. Budgeting for construction of naval vessels: annual
plan and certification
‘‘(a) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN AND CERTIFI-
CATION.—The Secretary of Defense shall include with the defense
budget materials for a fiscal year—
‘‘(1) a plan for the construction of combatant and support
vessels for the Navy developed in accordance with this section;
and
‘‘(2) a certification by the Secretary that both the budget
for that fiscal year and the future-years defense program sub-
mitted to Congress in relation to such budget under section
221 of this title provide for funding of the construction of
naval vessels at a level that is sufficient for the procurement
of the vessels provided for in the plan under paragraph (1)
on the schedule provided in that plan.
‘‘(b) ANNUAL NAVAL VESSEL CONSTRUCTION PLAN.—(1) The
annual naval vessel construction plan developed for a fiscal year
for purposes of subsection (a)(1) should be designed so that the
naval vessel force provided for under that plan is capable of sup-
porting the national security strategy of the United States as set
forth in the most recent national security strategy report of the
President under section 108 of the National Security Act of 1947
(50 U.S.C. 404a), except that, if at the time such plan is submitted
with the defense budget materials for that fiscal year, a national
security strategy report required under such section 108 has not
been submitted to Congress as required by paragraph (2) or para-
graph (3), if applicable, of subsection (a) of such section, then
such annual plan should be designed so that the naval vessel
force provided for under that plan is capable of supporting the
ship force structure recommended in the report of the most recent
Quadrennial Defense Review.
‘‘(2) Each such naval vessel construction plan shall include
the following:
‘‘(A) A detailed program for the construction of combatant
and support vessels for the Navy over the next 30 fiscal years.
H. R. 4546—183
‘‘(B) A description of the necessary naval vessel force struc-
ture to meet the requirements of the national security strategy
of the United States or the most recent Quadrennial Defense
Review, whichever is applicable under paragraph (1).
‘‘(C) The estimated levels of annual funding necessary to
carry out the program, together with a discussion of the
procurement strategies on which such estimated levels of
annual funding are based.
‘‘(c) ASSESSMENT WHEN VESSEL CONSTRUCTION BUDGET
IS
INSUFFICIENT TO MEET APPLICABLE REQUIREMENTS.—If the budget
for a fiscal year provides for funding of the construction of naval
vessels at a level that is not sufficient to sustain the naval vessel
force structure specified in the naval vessel construction plan for
that fiscal year under subsection (a), the Secretary shall include
with the defense budget materials for that fiscal year an assessment
that describes and discusses the risks associated with the reduced
force structure of naval vessels that will result from funding naval
vessel construction at such level. Such assessment shall be coordi-
nated in advance with the commanders of the combatant commands.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘budget’, with respect to a fiscal year, means
the budget for that fiscal year that is submitted to Congress
by the President under section 1105(a) of title 31.
‘‘(2) The term ‘defense budget materials’, with respect to
a fiscal year, means the materials submitted to Congress by
the Secretary of Defense in support of the budget for that
fiscal year.
‘‘(3) The term ‘Quadrennial Defense Review’ means the
review of the defense programs and policies of the United
States that is carried out every four years under section 118
of this title.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘231. Budgeting for construction of naval vessels: annual plan and certification.’’.
SEC. 1023. ASSESSMENT OF THE FEASIBILITY OF THE EXPEDITED
EQUIPPING OF A NAVY SHIP WITH A VERSION OF THE
155-MILLIMETER ADVANCED GUN SYSTEM.
(a) FEASIBILITY ASSESSMENT REQUIRED.—(1) The Secretary of
the Navy shall conduct an assessment of the feasibility of the
expedited equipping of a Navy ship in active or inactive service
with a version of the 155-millimeter Advanced Gun System that
is being developed for the DD(X) next generation, multi-mission,
land attack surface combatant vessel.
(2) The assessment shall include an analysis of—
(A) the actions required to achieve such equipping and
the technical and programmatic risks associated with those
actions;
(B) the plan, schedule, and funding required to achieve
such equipping; and
(C) the effect (if any) that such equipping might have
on the development program and schedule for the DD(X) vessel.
(b) EQUIPPING ON EXPEDITED SCHEDULE.—The schedule to be
considered in the assessment under subsection (a) shall provide
for equipping of a ship with a version of the 155-millimeter
Advanced Gun System on an expedited schedule that is consistent
H. R. 4546—184
with the achievement of safety of operation, but not later than
October 1, 2006.
(c) REPORT REQUIRED.—The Secretary shall submit to the
congressional defense committees a report on the results of the
assessment under subsection (a). The report shall be submitted
at the same time that the President submits the budget for fiscal
year 2004 to Congress under section 1105(a) of title 31, United
States Code.
SEC. 1024. REPORT ON INITIATIVES TO INCREASE OPERATIONAL DAYS
OF NAVY SHIPS.
(a) REQUIREMENT FOR REPORT ON INITIATIVES.—(1) The Under
Secretary of Defense for Acquisition, Technology, and Logistics shall
submit to the Committee on Armed Services of the Senate and
the Committee on Armed Services of the House of Representatives
a report on Department of Defense initiatives to increase the
number of operational days of Navy ships as described in subsection
(b).
(2) The report shall cover the ongoing Department of Defense
initiatives as well as any potential initiatives that are under consid-
eration within the Department of Defense.
(b) INITIATIVES WITHIN LIMITS OF EXISTING FLEET AND DEPLOY-
MENT POLICY.—In the report, the Under Secretary shall assess
the feasibility and identify the projected effects of conducting initia-
tives that have the potential to increase the number of operational
days of Navy ships available to the commanders-in-chief of the
regional unified combatant commands without increasing the
number of Navy ships and without increasing the routine lengths
of deployments of Navy ships above six months.
(c) REQUIRED FOCUS AREAS.—The report shall address, at a
minimum, the following focus areas:
(1) Assignment of additional ships, including submarines,
to home ports closer to the areas of operation for the ships
(known as ‘‘forward homeporting’’).
(2) Assignment of ships to remain in a forward area of
operations, together with rotation of crews for each ship so
assigned.
(3) Retention of ships for use until the end of the full
service life, together with investment of the funds necessary
to support retention to that extent.
(4) Prepositioning of additional ships with, under normal
circumstances, small crews in a forward area of operations.
(d) SHIP MAINTENANCE.—The report shall include an assess-
ment of how routine programmed ship maintenance would be accom-
plished for Navy ships that would remain in a forward area of
operations.
(e) TIME FOR SUBMITTAL.—The report shall be submitted at
the same time that the President submits the budget for fiscal
year 2004 to Congress under section 1105(a) of title 31, United
States Code.
SEC. 1025. SHIP COMBAT SYSTEM INDUSTRIAL BASE.
(a) REVIEW.—The Secretary of Defense shall conduct a review
of the effect of the contract award announced on April 29, 2002,
for the lead design agent for the DD(X) ship program on the indus-
trial base for ship combat system development, including the indus-
trial base for each of the following: ship systems integration, radar,
electronic warfare, and launch systems.
H. R. 4546—185
(b) REPORT REQUIRED.—Not later than March 31, 2003, the
Secretary shall submit to the congressional defense committees
a report based on the review under subsection (a). The report
shall include the following:
(1) The Secretary’s assessment of the effect of the contract
award referred to in that subsection on ship combat system
development and on the associated industrial base.
(2) A description of any actions that the Secretary proposes
to ensure future competition in the ship combat system develop-
ment and industrial base.
SEC. 1026. SENSE OF CONGRESS CONCERNING AIRCRAFT CARRIER
FORCE STRUCTURE.
(a) FINDINGS.—Congress makes the following findings:
(1) The aircraft carrier has been an integral component
in Operation Enduring Freedom and in the homeland defense
mission of Operation Noble Eagle beginning on September 11,
2001. The aircraft carriers that have participated in Operation
Enduring Freedom, as of May 1, 2002, are the USS Enterprise
(CVN–65), the USS Carl Vinson (CVN–70), the USS Kitty
Hawk (CV–63), the USS Theodore Roosevelt (CVN–71), the
USS John C. Stennis (CVN–74), and the USS John F. Kennedy
(CV–67). The aircraft carriers that have participated in Oper-
ation Noble Eagle, as of May 1, 2002, are the USS George
Washington (CVN–73), the USS John F. Kennedy (CV–67),
and the USS John C. Stennis (CVN–74).
(2) Since 1945, the United States has built 172 bases
overseas, of which only 24 are currently in use.
(3) The aircraft carrier provides an independent base of
operations should no land base be available for aircraft, with
carrier air wings providing the United States sea-based for-
ward-deployed offensive strike capability.
(4) The aircraft carrier is an essential component of the
Navy.
(5) The naval tactical aircraft modernization programs are
proceeding on schedule.
(6) As established by the Navy, the United States requires
the service of 15 aircraft carriers to completely fulfill all the
naval commitments assigned to the Navy without gapping car-
rier presence.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the number of aircraft carriers of the Navy in active service should
not be less than 12.
(c) OPERATION ENDURING FREEDOM
AND OPERATION NOBLE
EAGLE COMMENDATION.—Congress hereby commends the military
and civilian personnel who have participated in Operation Enduring
Freedom and Operation Noble Eagle.
SEC. 1027. CONVEYANCE, NAVY DRYDOCK, PORTLAND, OREGON.
(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may
sell Navy Drydock No. YFD-69, located in Portland, Oregon, to
Portland Shipyard, LLC, which is the current user of the drydock.
(b) CONDITION OF CONVEYANCE.—The conveyance under sub-
section (a) shall be subject to the condition that the purchaser
agree to retain the drydock on Swan Island in Portland, Oregon,
until at least September 30, 2007.
(c) CONSIDERATION.—As consideration for the conveyance of
the drydock under subsection (a), the purchaser shall pay to the
H. R. 4546—186
Secretary an amount equal to the fair market value of the drydock
at the time of the conveyance, as determined by the Secretary.
(d) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may
require such additional terms and conditions in connection with
the conveyance under subsection (a) as the Secretary considers
appropriate to protect the interests of the United States.
Subtitle C—Strategic Matters
SEC. 1031. STRATEGIC FORCE STRUCTURE PLAN FOR NUCLEAR
WEAPONS AND DELIVERY SYSTEMS.
(a) PLAN REQUIRED.—The Secretary of Defense and the Sec-
retary of Energy shall jointly prepare a plan for the United States
strategic force structure for nuclear weapons and nuclear weapons
delivery systems for the period of fiscal years from 2003 through
2012. The plan shall—
(1) define the range of missions assigned to strategic
nuclear forces in the national defense strategy consistent with—
(A) the Quadrennial Defense Review dated September
30, 2001, under section 118 of title 10, United States Code;
(B) the Nuclear Posture Review dated December 2001
under section 1041 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–262); and
(C) other relevant planning documents;
(2) delineate a baseline strategic force structure for such
weapons and systems over such period consistent with such
Nuclear Posture Review;
(3) define sufficient force structure, force modernization
and life extension plans, infrastructure, and other elements
of the defense program of the United States associated with
such weapons and systems that would be required to execute
successfully the full range of missions defined under paragraph
(1);
(4) identify the budget plan that would be required to
provide sufficient resources to execute successfully the full
range of missions using such force structure called for in that
national defense strategy; and
(5)(A) evaluate options for achieving, prior to fiscal year
2012, a posture under which the United States maintains a
number of operationally deployed nuclear warheads at a level
of from 1,700 to 2,200 such warheads, as outlined in the Nuclear
Posture Review referred to in paragraph (1)(B); and
(B) contain an assessment of the advantages and disadvan-
tages of options for achieving such posture as early as 2007,
including effects on cost, the dismantlement workforce, and
any other affected matter.
(b) REPORT.—Not later than March 1, 2003, the Secretary of
Defense and the Secretary of Energy shall submit a report on
the plan to the congressional defense committees.
SEC. 1032. ANNUAL REPORT ON WEAPONS TO DEFEAT HARDENED AND
DEEPLY BURIED TARGETS.
(a) ANNUAL REPORT.—Not later than April 1 of each year,
the Secretary of Defense, the Secretary of Energy, and the Director
of Central Intelligence shall jointly submit to the congressional