PUBLIC LAW 107–107—DEC. 28, 2001

NATIONAL DEFENSE AUTHORIZATION ACT

FOR FISCAL YEAR 2002

115 STAT. 1012 PUBLIC LAW 107–107—DEC. 28, 2001

Public Law 107–107

107th Congress

An Act

To authorize appropriations for fiscal year 2002 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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Defense Authorization

Act for Fiscal Year 2002’’.

SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

(a) DIVISIONS.—This Act is organized into three divisions as

follows:

(1) Division A—Department of Defense Authorizations.

(2) Division B—Military Construction Authorizations.

(3) Division C—Department of Energy National Security

Authorizations and Other Authorizations.

(b) TABLE OF CONTENTS.—The table of contents for this Act

is as follows:

Sec. 1. Short title.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical Agents and Munitions Destruction, Defense.

Sec. 107. Defense Health Program.

Subtitle B—Army Programs

Sec. 111. Repeal of limitations on bunker defeat munitions program.

Sec. 112. Extension of pilot program on sales of manufactured articles and services

of certain Army industrial facilities without regard to availability from

domestic sources.

Sec. 113. Limitations on acquisition of interim armored vehicles and deployment of

interim brigade combat teams.

Subtitle C—Navy Programs

Sec. 121. Virginia class submarine program.

National Defense

Authorization

Act for Fiscal

Year 2002.

Dec. 28, 2001

[S. 1438]

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1013

Sec. 122. Multiyear procurement authority for F/A–18E/F aircraft engines.

Sec. 123. V–22 Osprey aircraft program.

Sec. 124. Report on status of V–22 Osprey aircraft before resumption of flight testing.

Subtitle D—Air Force Programs

Sec. 131. Multiyear procurement authority for C–17 aircraft.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Sec. 203. Supplemental authorization of appropriations for fiscal year 2001 for research, development, test, and evaluation, Defense-wide.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Naval surface fire support assessment.

Sec. 212. Collaborative program for development of advanced radar systems.

Sec. 213. Repeal of limitations on total cost of engineering and manufacturing development for F–22 aircraft program.

Sec. 214. Joint biological defense program.

Sec. 215. Cooperative Department of Defense-Department of Veterans Affairs medical research program.

Sec. 216. C–5 aircraft reliability enhancement and reengining program.

Subtitle C—Ballistic Missile Defense

Sec. 231. Transfer of responsibility for procurement for missile defense programs

from Ballistic Missile Defense Organization to military departments.

Sec. 232. Program elements for Ballistic Missile Defense Organization.

Sec. 233. Support of ballistic missile defense activities of the Department of Defense by the national defense laboratories of the Department of Energy.

Sec. 234. Missile defense testing initiative.

Sec. 235. Construction of test bed facilities for missile defense system.

Subtitle D—Air Force Science and Technology for the 21st Century

Sec. 251. Short title.

Sec. 252. Science and technology investment and development planning.

Sec. 253. Study and report on effectiveness of Air Force science and technology program changes.

Subtitle E—Other Matters

Sec. 261. Establishment of unmanned aerial vehicle joint operational test bed system.

Sec. 262. Demonstration project to increase small business and university participation in Office of Naval Research efforts to extend benefits of science

and technology research to fleet.

Sec. 263. Communication of safety concerns from operational test and evaluation

officials to program managers.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Sec. 305. Funds for renovation of Department of Veterans Affairs facilities adjacent

to Naval Training Center, Great Lakes, Illinois.

Sec. 306. Defense Language Institute Foreign Language Center expanded Arabic

language program.

Subtitle B—Environmental Provisions

Sec. 311. Inventory of unexploded ordnance, discarded military munitions, and munitions constituents at defense sites (other than operational ranges).

Sec. 312. Establishment of new program element for remediation of unexploded

ordnance, discarded military munitions, and munitions constituents.

Sec. 313. Assessment of environmental remediation of unexploded ordnance, discarded military munitions, and munitions constituents.

Sec. 314. Conformity of surety authority under environmental restoration program

with surety authority under CERCLA.

115 STAT. 1014 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 315. Elimination of annual report on contractor reimbursement for costs of environmental response actions.

Sec. 316. Pilot program for sale of air pollution emission reduction incentives.

Sec. 317. Department of Defense energy efficiency program.

Sec. 318. Procurement of alternative fueled and hybrid light duty trucks.

Sec. 319. Reimbursement of Environmental Protection Agency for certain response

costs in connection with Hooper Sands Site, South Berwick, Maine.

Sec. 320. River mitigation studies.

Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities

Sec. 331. Commissary benefits for new members of the Ready Reserve.

Sec. 332. Reimbursement for use of commissary facilities by military departments

for purposes other than commissary sales.

Sec. 333. Public releases of commercially valuable information of commissary

stores.

Sec. 334. Rebate agreements with producers of foods provided under special supplemental food program.

Sec. 335. Civil recovery for nonappropriated fund instrumentality costs related to

shoplifting.

Subtitle D—Workforce and Depot Issues

Sec. 341. Revision of authority to waive limitation on performance of depot-level

maintenance.

Sec. 342. Exclusion of certain expenditures from limitation on private sector performance of depot-level maintenance.

Sec. 343. Protections for purchasers of articles and services manufactured or performed by working-capital funded industrial facilities of the Department

of Defense.

Sec. 344. Revision of deadline for annual report on commercial and industrial activities.

Sec. 345. Pilot manpower reporting system in Department of the Army.

Sec. 346. Development of Army workload and performance system and Wholesale

Logistics Modernization Program.

Subtitle E—Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 352. Impact aid for children with severe disabilities.

Sec. 353. Availability of auxiliary services of defense dependents’ education system

for dependents who are home school students.

Sec. 354. Comptroller General study of adequacy of compensation provided for

teachers in the Department of Defense overseas dependents’ schools.

Subtitle F—Other Matters

Sec. 361. Availability of excess defense personal property to support Department of

Veterans Affairs initiative to assist homeless veterans.

Sec. 362. Incremental implementation of Navy-Marine Corps Intranet contract.

Sec. 363. Comptroller General study and report of National Guard Distributive

Training Technology Project.

Sec. 364. Reauthorization of warranty claims recovery pilot program.

Sec. 365. Evaluation of current demonstration programs to improve quality of personal property shipments of members.

Sec. 366. Sense of Congress regarding security to be provided at 2002 Winter

Olympic Games.

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. Increase in senior enlisted active duty grade limit for Navy, Marine

Corps, and Air Force.

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 2002 limitation on non-dual status technicians.

Sec. 415. Limitations on numbers of reserve personnel serving on active duty or

full-time National Guard duty in certain grades for administration of reserve components.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1015

Subtitle C—Other Matters Relating to Personnel Strengths

Sec. 421. Administration of end strengths.

Sec. 422. Active duty end strength exemption for National Guard and reserve personnel performing funeral honors functions.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Enhanced flexibility for management of senior general and flag officer positions.

Sec. 502. Certifications of satisfactory performance for retirement of officers in

grades above major general and rear admiral.

Sec. 503. Review of actions of selection boards.

Sec. 504. Temporary reduction of time-in-grade requirement for eligibility for promotion for certain active-duty list officers in grades of first lieutenant

and lieutenant (junior grade).

Sec. 505. Authority for promotion without selection board consideration for all fully

qualified officers in grade of first lieutenant or lieutenant (junior grade)

in the Navy.

Sec. 506. Authority to adjust date of rank of certain promotions delayed by reason

of unusual circumstances.

Sec. 507. Authority for limited extension of medical deferment of mandatory retirement or separation.

Sec. 508. Authority for limited extension on active duty of members subject to mandatory retirement or separation.

Sec. 509. Exemption from certain administrative limitations for retired officers ordered to active duty as defense or service attache ́s. Sec. 510. Officer in charge of United States Navy Band.

Subtitle B—Reserve Component Personnel Policy

Sec. 511. Placement on active-duty list of certain Reserve officers on active duty for

a period of three years or less.

Sec. 512. Exception to baccalaureate degree requirement for appointment of Reserve officers to grades above first lieutenant.

Sec. 513. Improved disability benefits for certain reserve component members.

Sec. 514. Time-in-grade requirement for reserve component officers retired with a

nonservice-connected disability.

Sec. 515. Equal treatment of Reserves and full-time active duty members for purposes of managing personnel deployments.

Sec. 516. Modification of physical examination requirements for members of the Individual Ready Reserve.

Sec. 517. Retirement of Reserve members without requirement for formal application or request.

Sec. 518. Space-required travel by Reserves on military aircraft.

Sec. 519. Payment of Federal Employee Health Benefit Program premiums for certain Reservists called to active duty in support of contingency operations.

Subtitle C—Joint Specialty Officers and Joint Professional Military

Education

Sec. 521. Nominations and promotions for joint specialty officers.

Sec. 522. Joint duty credit.

Sec. 523. Retroactive joint service credit for duty in certain joint task forces.

Sec. 524. Revision to annual report on joint officer management.

Sec. 525. Requirement for selection for joint specialty before promotion to general

or flag officer grade.

Sec. 526. Independent study of joint officer management and joint professional military education reforms.

Sec. 527. Professional development education.

Sec. 528. Authority for National Defense University to enroll certain private sector

civilians.

Sec. 529. Continuation of reserve component professional military education test.

Subtitle D—Military Education and Training

Sec. 531. Defense Language Institute Foreign Language Center.

Sec. 532. Authority for the Marine Corps University to award degree of master of

strategic studies.

115 STAT. 1016 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 533. Foreign students attending the service academies.

Sec. 534. Increase in maximum age for appointment as a cadet or midshipman in

Senior Reserve Officers’ Training Corps scholarship programs.

Sec. 535. Participation of regular enlisted members of the Armed Forces in Senior

Reserve Officers’ Training Corps program.

Sec. 536. Authority to modify the service obligation of certain ROTC cadets in military junior colleges receiving financial assistance.

Sec. 537. Repeal of limitation on number of Junior Reserve Officers’ Training Corps

units.

Sec. 538. Modification of nurse officer candidate accession program restriction on

students attending educational institutions with senior reserve officers’

training programs.

Sec. 539. Reserve health professionals stipend program expansion.

Sec. 540. Housing allowance for the chaplain for the Corps of Cadets at the United

States Military Academy.

Subtitle E—Recruiting and Accession Programs

Sec. 541. 18-month enlistment pilot program.

Sec. 542. Improved benefits under the Army College First program.

Sec. 543. Correction and extension of certain Army recruiting pilot program authorities.

Sec. 544. Military recruiter access to secondary school students.

Sec. 545. Permanent authority for use of military recruiting funds for certain expenses at Department of Defense recruiting functions.

Sec. 546. Report on health and disability benefits for pre-accession training and

education programs.

Subtitle F—Decorations, Awards, and Posthumous Commissions

Sec. 551. Authority for award of the Medal of Honor to Humbert R. Versace, Jon

E. Swanson, and Ben L. Salomon for valor.

Sec. 552. Review regarding award of Medal of Honor to certain Jewish American

and Hispanic American war veterans.

Sec. 553. Authority to issue duplicate Medals of Honor and to replace stolen military decorations.

Sec. 554. Retroactive Medal of Honor special pension.

Sec. 555. Waiver of time limitations for award of certain decorations to certain persons.

Sec. 556. Sense of Congress on issuance of certain medals.

Sec. 557. Sense of Congress on development of a more comprehensive, uniform policy for the award of decorations to military and civilian personnel of the

Department of Defense.

Sec. 558. Posthumous Army commission in the grade of captain in the Chaplains

Corps to Ella E. Gibson for service as chaplain of the First Wisconsin

Heavy Artillery Regiment during the Civil War.

Subtitle G—Funeral Honors Duty

Sec. 561. Participation of military retirees in funeral honors details.

Sec. 562. Funeral honors duty performed by Reserve and Guard members to be

treated as inactive-duty training for certain purposes.

Sec. 563. Use of military leave for funeral honors duty by Reserve members and

National Guardsmen.

Sec. 564. Authority to provide appropriate articles of clothing as a civilian uniform

for civilians participating in funeral honor details.

Subtitle H—Military Spouses and Family Members

Sec. 571. Improved financial and other assistance to military spouses for job training and education.

Sec. 572. Persons authorized to be included in surveys of military families regarding Federal programs.

Sec. 573. Clarification of treatment of classified information concerning persons in

a missing status.

Sec. 574. Transportation to annual meeting of next-of-kin of persons unaccounted

for from conflicts after World War II.

Sec. 575. Amendments to charter of Defense Task Force on Domestic Violence.

Subtitle I—Military Justice and Legal Assistance Matters

Sec. 581. Blood alcohol content limit for the offense under the Uniform Code of

Military Justice of drunken operation of a vehicle, aircraft, or vessel.

Sec. 582. Requirement that courts-martial consist of not less than 12 members in

capital cases.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1017

Sec. 583. Acceptance of voluntary legal assistance for the civil affairs of members

and former members of the uniformed services and their dependents.

Subtitle J—Other Matters

Sec. 591. Congressional review period for change in ground combat exclusion policy.

Sec. 592. Per diem allowance for lengthy or numerous deployments.

Sec. 593. Clarification of disability severance pay computation.

Sec. 594. Transportation or storage of privately owned vehicles on change of permanent station.

Sec. 595. Repeal of requirement for final Comptroller General report relating to

Army end strength allocations.

Sec. 596. Continued Department of Defense administration of National Guard

Challenge program and Department of Defense Starbase program.

Sec. 597. Report on Defense Science Board recommendation on original appointments in regular grades for Academy graduates and certain other new

officers.

Sec. 598. Sense of Congress regarding the selection of officers for recommendation

for appointment as Commander, United States Transportation Command.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2002.

Sec. 602. Basic pay rate for certain reserve commissioned officers with prior service

as an enlisted member or warrant officer.

Sec. 603. Reserve component compensation for distributed learning activities performed as inactive-duty training.

Sec. 604. Subsistence allowances.

Sec. 605. Eligibility for temporary housing allowance while in travel or leave status

between permanent duty stations.

Sec. 606. Uniform allowance for officers.

Sec. 607. Family separation allowance for members electing unaccompanied tour by

reason of health limitations of dependents.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for nurse

officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of other bonus and special pay authorities.

Sec. 615. Hazardous duty pay for members of maritime visit, board, search, and

seizure teams.

Sec. 616. Eligibility for certain career continuation bonuses for early commitment

to remain on active duty.

Sec. 617. Secretarial discretion in prescribing submarine duty incentive pay rates.

Sec. 618. Conforming accession bonus for dental officers authority with authorities

for other special pay and bonuses.

Sec. 619. Modification of eligibility requirements for Individual Ready Reserve

bonus for reenlistment, enlistment, or extension of enlistment.

Sec. 620. Installment payment authority for 15-year career status bonus.

Sec. 621. Accession bonus for new officers in critical skills.

Sec. 622. Education savings plan to encourage reenlistments and extensions of

service in critical specialties.

Sec. 623. Continuation of payment of special and incentive pay at unreduced rates

during stop loss periods.

Sec. 624. Retroactive authorization for imminent danger pay for service in connection with Operation Enduring Freedom.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Minimum per diem rate for travel and transportation allowance for travel

performed upon a change of permanent station and certain other travel.

Sec. 632. Eligibility for payment of subsistence expenses associated with occupancy

of temporary lodging incident to reporting to first permanent duty station.

Sec. 633. Reimbursement of members for mandatory pet quarantine fees for household pets.

Sec. 634. Increased weight allowance for transportation of baggage and household

effects for junior enlisted members.

115 STAT. 1018 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 635. Eligibility of additional members for dislocation allowance.

Sec. 636. Partial dislocation allowance authorized for housing moves ordered for

Government convenience.

Sec. 637. Allowances for travel performed in connection with members taking authorized leave between consecutive overseas tours.

Sec. 638. Travel and transportation allowances for family members to attend burial

of a deceased member of the uniformed services.

Sec. 639. Funded student travel for foreign study under an education program approved by a United States school.

Subtitle D—Retirement and Survivor Benefit Matters

Sec. 641. Contingent authority for concurrent receipt of military retired pay and

veterans’ disability compensation and enhancement of special compensation authority.

Sec. 642. Survivor Benefit Plan annuities for surviving spouses of members who die

while on active duty and not eligible for retirement.

Subtitle E—Other Matters

Sec. 651. Payment for unused leave in excess of 60 days accrued by members of reserve components on active duty for one year or less.

Sec. 652. Additional authority to provide assistance for families of members of the

Armed Forces.

Sec. 653. Authorization of transitional compensation and commissary and exchange

benefits for dependents of commissioned officers of the Public Health

Service and the National Oceanic and Atmospheric Administration who

are separated for dependent abuse.

Sec. 654. Transfer of entitlement to educational assistance under Montgomery GI

Bill by members of the Armed Forces with critical military skills.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE Program Improvements

Sec. 701. Sub-acute and long-term care program reform.

Sec. 702. Prosthetics and hearing aids.

Sec. 703. Durable medical equipment.

Sec. 704. Rehabilitative therapy.

Sec. 705. Report on mental health benefits.

Sec. 706. Clarification of eligibility for reimbursement of travel expenses of adult

accompanying patient in travel for specialty care.

Sec. 707. TRICARE program limitations on payment rates for institutional health

care providers and on balance billing by institutional and noninstitutional health care providers.

Sec. 708. Improvements in administration of the TRICARE program.

Subtitle B—Senior Health Care

Sec. 711. Clarifications and improvements regarding the Department of Defense

Medicare-Eligible Retiree Health Care Fund.

Subtitle C—Studies and Reports

Sec. 721. Comptroller General study of health care coverage of members of the reserve components of the Armed Forces and the National Guard.

Sec. 722. Comptroller General study of adequacy and quality of health care provided to women under the defense health program.

Sec. 723. Repeal of obsolete report requirement.

Sec. 724. Comptroller General report on requirement to provide screenings, physical examinations, and other care for certain members.

Subtitle D—Other Matters

Sec. 731. Prohibition against requiring military retirees to receive health care solely through the Department of Defense.

Sec. 732. Fees for trauma and other medical care provided to civilians.

Sec. 733. Enhancement of medical product development.

Sec. 734. Pilot program providing for Department of Veterans Affairs support in

the performance of separation physical examinations.

Sec. 735. Modification of prohibition on requirement of nonavailability statement or

preauthorization.

Sec. 736. Transitional health care for members separated from active duty.

Sec. 737. Two-year extension of health care management demonstration program.

Sec. 738. Joint DOD-VA pilot program for providing graduate medical education

and training for physicians.

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TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND

RELATED MATTERS

Subtitle A—Procurement Management and Administration

Sec. 801. Management of procurement of services.

Sec. 802. Savings goals for procurements of services.

Sec. 803. Competition requirement for purchase of services pursuant to multiple

award contracts.

Sec. 804. Reports on maturity of technology at initiation of major defense acquisition programs.

Subtitle B—Use of Preferred Sources

Sec. 811. Applicability of competition requirements to purchases from a required

source. Sec. 812. Extension of mentor-protege program.

Sec. 813. Increase of assistance limitation regarding procurement technical assistance program.

Subtitle C—Amendments to General Contracting Authorities, Procedures,

and Related Matters

Sec. 821. Amendments to conform with administrative changes in acquisition phase

and milestone terminology and to make related adjustments in certain

requirements applicable at milestone transition points.

Sec. 822. Follow-on production contracts for products developed pursuant to prototype projects.

Sec. 823. One-year extension of program applying simplified procedures to certain

commercial items.

Sec. 824. Acquisition workforce qualifications.

Sec. 825. Report on implementation of recommendations of the acquisition 2005

task force.

Subtitle D—Other Matters

Sec. 831. Identification of errors made by executive agencies in payments to contractors and recovery of amounts erroneously paid.

Sec. 832. Codification and modification of provision of law known as the ‘‘Berry

amendment’’. Sec. 833. Personal services contracts to be performed by individuals or organizations abroad.

Sec. 834. Requirements regarding insensitive munitions.

Sec. 835. Inapplicability of limitation to small purchases of miniature or instrument ball or roller bearings under certain circumstances.

Sec. 836. Temporary emergency procurement authority to facilitate the defense

against terrorism or biological or chemical attack.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Duties and Functions of Department of Defense Officers

Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness.

Sec. 902. Sense of Congress on functions of new Office of Force Transformation in

the Office of the Secretary of Defense.

Sec. 903. Suspension of reorganization of engineering and technical authority policy

within the Naval Sea Systems Command pending report to congressional committees.

Subtitle B—Space Activities

Sec. 911. Joint management of space programs.

Sec. 912. Requirement to establish in the Air Force an officer career field for space.

Sec. 913. Secretary of Defense report on space activities.

Sec. 914. Comptroller General assessment of implementation of recommendations

of Space Commission.

Sec. 915. Sense of Congress regarding officers recommended to be appointed to

serve as Commander of United States Space Command.

Subtitle C—Reports

Sec. 921. Revised requirement for Chairman of the Joint Chiefs of Staff to advise

Secretary of Defense on the assignment of roles and missions to the

Armed Forces.

Sec. 922. Revised requirements for content of annual report on joint warfighting experimentation.

115 STAT. 1020 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 923. Repeal of requirement for one of three remaining required reports on activities of Joint Requirements Oversight Council.

Sec. 924. Revised joint report on establishment of national collaborative information analysis capability.

Subtitle D—Other Matters

Sec. 931. Conforming amendments relating to change of name of Military Airlift

Command to Air Mobility Command.

Sec. 932. Organizational realignment for Navy Director for Expeditionary Warfare.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authorization of supplemental appropriations for fiscal year 2001.

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal

year 2002.

Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations for

fiscal year 2002.

Sec. 1006. Maximum amount for National Foreign Intelligence Program.

Sec. 1007. Clarification of applicability of interest penalties for late payment of interim payments due under contracts for services.

Sec. 1008. Reliability of Department of Defense financial statements.

Sec. 1009. Financial Management Modernization Executive Committee and financial feeder systems compliance process.

Sec. 1010. Authorization of funds for ballistic missile defense programs or combating terrorism programs of the Department of Defense.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Authority to transfer naval vessels to certain foreign countries.

Sec. 1012. Sale of Glomar Explorer to the lessee.

Sec. 1013. Leasing of Navy ships for university national oceanographic laboratory

system.

Sec. 1014. Increase in limitations on administrative authority of the Navy to settle

admiralty claims.

Subtitle C—Counter-Drug Activities

Sec. 1021. Extension and restatement of authority to provide Department of Defense support for counter-drug activities of other governmental agencies.

Sec. 1022. Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities.

Sec. 1023. Authority to transfer Tracker aircraft currently used by Armed Forces

for counter-drug purposes.

Sec. 1024. Limitation on use of funds for operation of Tethered Aerostat Radar System pending submission of required report.

Subtitle D—Strategic Forces

Sec. 1031. Repeal of limitation on retirement or dismantlement of strategic nuclear

delivery systems.

Sec. 1032. Air Force bomber force structure.

Sec. 1033. Additional element for revised nuclear posture review.

Sec. 1034. Report on options for modernization and enhancement of missile wing

helicopter support.

Subtitle E—Other Department of Defense Provisions

Sec. 1041. Secretary of Defense recommendation on need for Department of Defense review of proposed Federal agency actions to consider possible

impact on national defense.

Sec. 1042. Department of Defense reports to Congress to be accompanied by electronic version upon request.

Sec. 1043. Department of Defense gift authorities.

Sec. 1044. Acceleration of research, development, and production of medical countermeasures for defense against biological warfare agents.

Sec. 1045. Chemical and biological protective equipment for military personnel and

civilian employees of the Department of Defense.

Sec. 1046. Sale of goods and services by Naval Magazine, Indian Island, Alaska.

Sec. 1047. Report on procedures and guidelines for embarkation of civilian guests

on naval vessels for public affairs purposes.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1021

Sec. 1048. Technical and clerical amendments.

Sec. 1049. Termination of referendum requirement regarding continuation of military training on island of Vieques, Puerto Rico, and imposition of additional conditions on closure of live-fire training range.

Subtitle F—Other Matters

Sec. 1061. Assistance for firefighters.

Sec. 1062. Extension of times for Commission on the Future of the United States

Aerospace industry to report and to terminate. Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund.

Sec. 1064. Waiver of vehicle weight limits during periods of national emergency.

Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille Memorial,

Marnes-la-Coquette, France.

TITLE XI—CIVILIAN PERSONNEL MATTERS

Subtitle A—Department of Defense Civilian Personnel

Sec. 1101. Personnel pay and qualifications authority for Department of Defense

Pentagon Reservation civilian law enforcement and security force. Sec. 1102. Pilot program for payment of retraining expenses.

Sec. 1103. Authority of civilian employees to act as notaries.

Sec. 1104. Authority to appoint certain health care professionals in the excepted

service.

Subtitle B—Civilian Personnel Management Generally

Sec. 1111. Authority to provide hostile fire pay.

Sec. 1112. Payment of expenses to obtain professional credentials.

Sec. 1113. Parity in establishment of wage schedules and rates for prevailing rate

employees. Sec. 1114. Modification of limitation on premium pay.

Sec. 1115. Participation of personnel in technical standards development activities.

Sec. 1116. Retention of travel promotional items.

Sec. 1117. Applicability of certain laws to certain individuals assigned to work in

the Federal Government.

Subtitle C—Intelligence Civilian Personnel

Sec. 1121. Authority to increase maximum number of positions in the Defense Intelligence Senior Executive Service.

Subtitle D—Matters Relating to Retirement

Sec. 1131. Improved portability of retirement coverage for employees moving between civil service employment and employment by nonappropriated

fund instrumentalities.

Sec. 1132. Federal employment retirement credit for nonappropriated fund instrumentality service. Sec. 1133. Modification of limitations on exercise of voluntary separation incentive

pay authority and voluntary early retirement authority.

TITLE XII—MATTERS RELATING TO OTHER NATIONS

Subtitle A—Matters Related to Arms Control and Monitoring

Sec. 1201. Clarification of authority to furnish nuclear test monitoring equipment

to foreign governments. Sec. 1202. Limitation on funding for Joint Data Exchange Center in Moscow.

Sec. 1203. Support of United Nations-sponsored efforts to inspect and monitor Iraqi

weapons activities. Sec. 1204. Authority for employees of Federal Government contractors to accompany chemical weapons inspection teams at Government-owned facilities.

Sec. 1205. Plan for securing nuclear weapons, material, and expertise of the states

of the former Soviet Union.

Subtitle B—Matters Relating to Allies and Friendly Foreign Nations

Sec. 1211. Acquisition of logistical support for security forces.

Sec. 1212. Extension of authority for international cooperative research and development projects. Sec. 1213. Cooperative agreements with foreign countries and international organizations for reciprocal use of test facilities. Sec. 1214. Sense of Congress on allied defense burdensharing.

Subtitle C—Reports

Sec. 1221. Report on significant sales and transfers of military hardware, expertise,

and technology to the People’s Republic of China.

115 STAT. 1022 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 1222. Repeal of requirement for reporting to Congress on military deployments

to Haiti.

Sec. 1223. Report by Comptroller General on provision of defense articles, services,

and military education and training to foreign countries and international organizations.

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. Limitation on use of funds until submission of reports.

Sec. 1304. Requirement to consider use of revenue generated by activities carried

out under Cooperative Threat Reduction programs.

Sec. 1305. Prohibition against use of funds for second wing of fissile material storage facility.

Sec. 1306. Prohibition against use of funds for certain construction activities.

Sec. 1307. Reports on activities and assistance under Cooperative Threat Reduction

programs.

Sec. 1308. Chemical weapons destruction.

Sec. 1309. Additional matter in annual report on activities and assistance under

Cooperative Threat Reduction programs.

TITLE XIV—ARMED FORCES RETIREMENT HOME

Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991.

Sec. 1402. Definitions.

Sec. 1403. Revision of authority establishing the Armed Forces Retirement Home.

Sec. 1404. Chief Operating Officer.

Sec. 1405. Residents of Retirement Home.

Sec. 1406. Local Boards of Trustees.

Sec. 1407. Directors, Deputy Directors, Associate Directors, and staff of facilities.

Sec. 1408. Disposition of effects of deceased persons and unclaimed property.

Sec. 1409. Transitional provisions.

Sec. 1410. Conforming and clerical amendments and repeals of obsolete provisions.

TITLE XV—ACTIVITIES RELATING TO COMBATING TERRORISM

Subtitle A—Increased Funding for Combating Terrorism

Sec. 1501. Definitions.

Sec. 1502. Authorization of emergency appropriations for fiscal year 2001 made by

Public Law 107–38 and allocated for national defense functions.

Sec. 1503. Authorization of emergency supplemental appropriations for fiscal year

2002.

Sec. 1504. Authorization of use of funds for military construction projects.

Sec. 1505. Treatment of transferred amounts.

Sec. 1506. Quarterly reports.

Subtitle B—Policy Matters Relating to Combating Terrorism

Sec. 1511. Study and report on the role of the Department of Defense with respect

to homeland security.

Sec. 1512. Combating Terrorism Readiness Initiatives Fund for combatant commands.

Sec. 1513. Conveyances of equipment and related materials loaned to State and

local governments as assistance for emergency response to a use or

threatened use of a weapon of mass destruction.

Sec. 1514. Two-year extension of advisory panel to assess domestic response capabilities for terrorism involving weapons of mass destruction.

TITLE XVI—UNIFORMED SERVICES VOTING

Sec. 1601. Sense of Congress regarding the importance of voting.

Sec. 1602. Voting assistance programs.

Sec. 1603. Guarantee of residency for military personnel.

Sec. 1604. Electronic voting demonstration project.

Sec. 1605. Governors’ reports on implementation of recommendations for changes

in State law made under Federal Voting Assistance Program.

Sec. 1606. Simplification of voter registration and absentee ballot application procedures for absent uniformed services and overseas voters.

Sec. 1607. Use of certain Department of Defense facilities as polling places.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1023

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 2001 projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 2000 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 2001 projects.

Sec. 2206. Modification of authority to carry out certain fiscal year 2000 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.

Sec. 2305. Modification of authority to carry out certain fiscal year 2001 projects.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Cancellation of authority to carry out certain fiscal year 2001 projects.

Sec. 2405. Modification of authority to carry out certain fiscal year 2000 projects.

Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project.

Sec. 2407. Modification of authority to carry out certain fiscal year 1995 project.

Sec. 2408. Prohibition on expenditures to develop forward operating location on

Aruba.

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 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 1999 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects.

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

Sec. 2801. Increase in thresholds for certain unspecified minor military construction projects.

Sec. 2802. Exclusion of unforeseen environmental hazard remediation from limitation on authorized cost variations.

Sec. 2803. Repeal of annual reporting requirement on military construction and

military family housing activities.

Sec. 2804. Funds for housing allowances of members assigned to military family

housing under alternative authority for acquisition and improvement

of military housing.

Sec. 2805. Extension of alternative authority for acquisition and improvement of

military housing.

115 STAT. 1024 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 2806. Treatment of financing costs as allowable expenses under contracts for

utility services from utility systems conveyed under privatization initiative.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Use of military installations for certain recreational activities.

Sec. 2812. Availability of proceeds of sales of Department of Defense property from

certain closed military installations.

Sec. 2813. Pilot program to provide additional tools for efficient operation of military installations.

Sec. 2814. Demonstration program on reduction in long-term facility maintenance

costs.

Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas.

Subtitle C—Implementation of Prior Base Closure and Realignment

Rounds

Sec. 2821. Lease back of base closure property.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorage,

Alaska.

Sec. 2832. Lease authority, Fort Derussy, Hawaii.

Sec. 2833. Modification of land exchange, Rock Island Arsenal, Illinois.

Sec. 2834. Land conveyance, Fort Des Moines, Iowa.

Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey.

Sec. 2836. Land conveyance, Engineer Proving Ground, Fort Belvoir, Virginia.

Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington.

Sec. 2838. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.

PART II—NAVY CONVEYANCES

Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt

County, California.

Sec. 2842. Land conveyance, Port of Long Beach, California.

Sec. 2843. Conveyance of pier, Naval Base, San Diego, California.

Sec. 2844. Modification of authority for conveyance of Naval Computer and Telecommunications Station, Cutler, Maine.

Sec. 2845. Land transfer and conveyance, Naval Security Group Activity, Winter

Harbor, Maine.

Sec. 2846. Land acquisition, Perquimans County, North Carolina.

Sec. 2847. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo,

Ohio.

Sec. 2848. Modification of land conveyance, former United States Marine Corps Air

Station, Eagle Mountain Lake, Texas.

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Conveyance of avigation easements, former Norton Air Force Base, California.

Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado.

Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam.

Sec. 2854. Conveyance of segment of Loring petroleum pipeline, Maine, and related

easements.

Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air Force

Base and Bangor Air National Guard Base, Maine.

Sec. 2856. Land conveyances, certain former Minuteman III ICBM facilities in

North Dakota.

Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina.

Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett, Washington.

Subtitle E—Other Matters

Sec. 2861. Management of the Presidio of San Francisco.

Sec. 2862. Transfer of jurisdiction for development of Air Force morale, welfare,

and recreation facility, Park City, Utah.

Sec. 2863. Alternate site for United States Air Force Memorial, preservation of

open space on Arlington Ridge tract, and related land transfer at Arlington National Cemetery, Virginia.

Sec. 2864. Establishment of memorial to victims of terrorist attack on Pentagon

Reservation and authority to accept monetary contributions for memorial and repair of Pentagon.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1025

Sec. 2865. Repeal of limitation on cost of renovation of Pentagon Reservation.

Sec. 2866. Development of United States Army Heritage and Education Center at

Carlisle Barracks, Pennsylvania. Sec. 2867. Effect of limitation on construction of roads or highways, Marine Corps

Base, Camp Pendleton, California. Sec. 2868. Establishment of World War II memorial at additional location on

Guam.

Sec. 2869. Demonstration project for purchase of fire, security, police, public works,

and utility services from local government agencies. Sec. 2870. Report on future land needs of United States Military Academy, New

York, and adjacent community. Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness Center,

Oxford, Mississippi.

TITLE XXIX—FORT IRWIN MILITARY LAND WITHDRAWAL

Sec. 2901. Short title.

Sec. 2902. Withdrawal and reservation of lands for National Training Center.

Sec. 2903. Map and legal description.

Sec. 2904. Management of withdrawn and reserved lands.

Sec. 2905. Water rights.

Sec. 2906. Environmental compliance and environmental response requirements.

Sec. 2907. West Mojave Coordinated Management Plan.

Sec. 2908. Release of wilderness study areas.

Sec. 2909. Training activity separation from utility corridors.

Sec. 2910. Duration of withdrawal and reservation.

Sec. 2911. Extension of initial withdrawal and reservation.

Sec. 2912. Termination and relinquishment.

Sec. 2913. Delegation of authority.

TITLE XXX—REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS AND PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX

Sec. 3001. Authorization of round of realignments and closures of military installations in 2005.

Sec. 3002. Selection criteria.

Sec. 3003. Revised procedures for making recommendations for realignments and

closures and commission consideration of recommendations.

Sec. 3004. Limitations on privatization in place.

Sec. 3005. Department of Defense Base Closure Account 2005.

Sec. 3006. Implementation of closure and realignment decisions.

Sec. 3007. Technical and clarifying amendments.

Sec. 3008. Preparation of infrastructure plan for the nuclear weapons complex.

DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY

PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense environmental management privatization.

Sec. 3105. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on minor construction projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of

Energy. Sec. 3128. Availability of funds.

Sec. 3129. Transfer of defense environmental management funds.

Sec. 3130. Transfer of weapons activities funds.

Subtitle C—Program Authorizations, Restrictions, and Limitations

Sec. 3131. Consolidation of Nuclear Cities Initiative program with Initiatives for

Proliferation Prevention program.

115 STAT. 1026 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 3132. Nuclear Cities Initiative.

Sec. 3133. Limitation on availability of funds for weapons activities for facilities

and infrastructure.

Sec. 3134. Limitation on availability of funds for other defense activities for national security programs administrative support.

Sec. 3135. Termination date of Office of River Protection, Richland, Washington.

Sec. 3136. Support for public education in the vicinity of Los Alamos National Laboratory, New Mexico.

Sec. 3137. Reports on achievement of milestones for National Ignition Facility.

Subtitle D—Matters Relating to Management of the National Nuclear

Security Administration

Sec. 3141. Establishment of Principal Deputy Administrator of National Nuclear

Security Administration.

Sec. 3142. Elimination of requirement that national security laboratories and nuclear weapons production facilities report to Deputy Administrator for

Defense Programs.

Sec. 3143. Repeal of duplicative provision relating to dual office holding by personnel of National Nuclear Security Administration.

Sec. 3144. Report on adequacy of Federal pay and hiring authorities to meet personnel requirements of National Nuclear Security Administration.

Subtitle E—Other Matters

Sec. 3151. Improvements to Energy Employees Occupational Illness Compensation

Program.

Sec. 3152. Department of Energy counterintelligence polygraph program.

Sec. 3153. One-year extension of authority of Department of Energy to pay voluntary separation incentive payments.

Sec. 3154. Annual assessment and report on vulnerability of Department of Energy

facilities to terrorist attack.

Sec. 3155. Disposition of surplus defense plutonium at Savannah River Site, Aiken,

South Carolina.

Sec. 3156. Modification of date of report of panel to assess the reliability, safety,

and security of the United States nuclear stockpile.

Subtitle F—Rocky Flats National Wildlife Refuge

Sec. 3171. Short title.

Sec. 3172. Findings and purposes.

Sec. 3173. Definitions.

Sec. 3174. Future ownership and management.

Sec. 3175. Transfer of management responsibilities and jurisdiction over Rocky

Flats.

Sec. 3176. Administration of retained property; continuation of cleanup and closure.

Sec. 3177. Rocky Flats National Wildlife Refuge.

Sec. 3178. Comprehensive planning process.

Sec. 3179. Property rights.

Sec. 3180. Liabilities and other obligations.

Sec. 3181. Rocky Flats Museum.

Sec. 3182. Annual report on funding.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile.

Sec. 3304. Revision of limitations on required disposals of certain materials in National Defense Stockpile.

Sec. 3305. Acceleration of required disposal of cobalt in National Defense Stockpile.

Sec. 3306. Restriction on disposal of manganese ferro.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV—MARITIME ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2002.

Sec. 3502. Define ‘‘war risks’’ to vessels to include confiscation, expropriation, nationalization, and deprivation of the vessels.

Sec. 3503. Holding obligor’s cash as collateral under title XI of Merchant Marine

Act, 1936.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1027

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

For purposes of this Act, the term ‘‘congressional defense

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 Representatives.

DIVISION A—DEPARTMENT OF

DEFENSE AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical Agents and Munitions Destruction, Defense.

Sec. 107. Defense Health Program.

Subtitle B—Army Programs

Sec. 111. Repeal of limitations on bunker defeat munitions program.

Sec. 112. Extension of pilot program on sales of manufactured articles and services

of certain Army industrial facilities without regard to availability from

domestic sources.

Sec. 113. Limitations on acquisition of interim armored vehicles and deployment of

interim brigade combat teams.

Subtitle C—Navy Programs

Sec. 121. Virginia class submarine program.

Sec. 122. Multiyear procurement authority for F/A–18E/F aircraft engines. Sec. 123. V–22 Osprey aircraft program. Sec. 124. Report on status of V–22 Osprey aircraft before resumption of flight testing.

Subtitle D—Air Force Programs

Sec. 131. Multiyear procurement authority for C–17 aircraft.

Subtitle A—Authorization of

Appropriations

SEC. 101. ARMY.

Funds are hereby authorized to be appropriated for fiscal year

2002 for procurement for the Army as follows:

(1) For aircraft, $2,075,372,000.

(2) For missiles, $1,086,954,000.

(3) For weapons and tracked combat vehicles,

$2,348,145,000.

(4) For ammunition, $1,187,233,000.

(5) For other procurement, $4,044,080,000.

SEC. 102. NAVY AND MARINE CORPS.

(a) NAVY.—Funds are hereby authorized to be appropriated

for fiscal year 2002 for procurement for the Navy as follows:

(1) For aircraft, $8,323,147,000.

(2) For weapons, including missiles and torpedoes,

$1,484,321,000.

115 STAT. 1028 PUBLIC LAW 107–107—DEC. 28, 2001

(3) For shipbuilding and conversion, $9,370,972,000.

(4) For other procurement, $4,282,471,000.

(b) MARINE CORPS.—Funds are hereby authorized to be appropriated for fiscal year 2002 for procurement for the Marine Corps

in the amount of $1,014,637,000.

(c) NAVY AND MARINE CORPS AMMUNITION.—Funds are hereby

authorized to be appropriated for fiscal year 2002 for procurement

of ammunition for the Navy and the Marine Corps in the amount

of $466,907,000.

SEC. 103. AIR FORCE.

Funds are hereby authorized to be appropriated for fiscal year

2002 for procurement for the Air Force as follows:

(1) For aircraft, $10,789,167,000.

(2) For missiles, $3,222,636,000.

(3) For ammunition, $881,844,000.

(4) For other procurement, $8,196,021,000.

SEC. 104. DEFENSE-WIDE ACTIVITIES.

Funds are hereby authorized to be appropriated for fiscal year

2002 for Defense-wide procurement in the amount of

$2,279,482,000.

SEC. 105. DEFENSE INSPECTOR GENERAL.

Funds are hereby authorized to be appropriated for fiscal year

2002 for procurement for the Inspector General of the Department

of Defense in the amount of $2,800,000.

SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,

DEFENSE.

There is hereby authorized to be appropriated for fiscal year

2002 for the Department of Defense for Chemical Agents and Munitions Destruction, Defense, the amount of $1,153,557,000 for—

(1) the destruction of lethal chemical agents and munitions

in accordance with section 1412 of the Department 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 PROGRAM.

Funds are hereby authorized to be appropriated for fiscal year

2002 for the Department of Defense for procurement for carrying

out health care programs, projects, and activities of the Department

of Defense in the total amount of $267,915,000.

Subtitle B—Army Programs

SEC. 111. REPEAL OF LIMITATIONS ON BUNKER DEFEAT MUNITIONS

PROGRAM.

Section 116 of the National Defense Authorization Act for Fiscal

Year 1995 (Public Law 103–337; 108 Stat. 2682) is repealed.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1029

SEC. 112. EXTENSION OF PILOT PROGRAM ON SALES OF MANUFACTURED ARTICLES AND SERVICES OF CERTAIN ARMY

INDUSTRIAL FACILITIES WITHOUT REGARD TO AVAILABILITY FROM DOMESTIC SOURCES.

Section 141(a) of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 4543 note) is

amended—

(1) by striking ‘‘through 2001’’ and inserting ‘‘through

2002’’; and

(2) by inserting before the period at the end the following:

‘‘, except that during fiscal year 2002 the Secretary may only

use articles manufactured at, and services provided by, not

more than one Army industrial facility’’.

SEC. 113. LIMITATIONS ON ACQUISITION OF INTERIM ARMORED

VEHICLES AND DEPLOYMENT OF INTERIM BRIGADE COMBAT TEAMS.

Section 113 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–23) is amended—

(1) by redesignating subsection (f) as subsection (j); and

(2) by inserting after subsection (e) the following new subsections:

‘‘(f) WAIVER OF COMPARISON REQUIREMENT.—The Secretary of

Defense may waive subsections (c) and (e)(1) and submit to the

congressional defense committees a certification under subsection

(e)(2) without regard to the requirement in that subsection for

the completion of a comparison of costs and operational effectiveness

if the Secretary includes in the submittal a certification of each

of the following:

‘‘(1) That the results of executed tests and existing analyses

are sufficient for making a meaningful comparison of the costs

and operational effectiveness of the interim armored vehicles

referred to in subparagraph (A) of subsection (c)(1) and the

medium armored vehicles referred to in subparagraph (B) of

such subsection.

‘‘(2) That the conduct of a comparative evaluation of those

vehicles in a realistic field environment would provide no

significant additional data relevant to that comparison.

‘‘(3) That the Secretary has evaluated the existing data

on cost and operational effectiveness of those vehicles and,

taking that data into consideration, approves the obligation

of funds for the acquisition of additional interim armored

vehicles.

‘‘(4) That sufficient resources will be requested in the

future-years defense program to fully fund the Army’s requirements for interim brigade combat teams.

‘‘(5) That the force structure resulting from the establishment of the interim brigade combat teams and the subsequent

achievement of operational capability by those teams will not

diminish the combat power of the Army.

‘‘(g) EXPERIMENTATION PROGRAM.—The Secretary of the Army

shall develop and provide resources for an experimentation program

that will—

‘‘(1) provide information as to the design of the objective

force; and

115 STAT. 1030 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(2) include a formal linkage of the interim brigade combat

teams to that experimentation.

‘‘(h) OPERATIONAL EVALUATION.—(1) The Secretary of the Army

shall conduct an operational evaluation of the initial interim brigade

combat team. The evaluation shall include deployment of the team

to the evaluation site and team execution of combat missions across

the full spectrum of potential threats and operational scenarios. ‘‘(2) The operational evaluation under paragraph (1) may not

be conducted until the plan for such evaluation is approved by

the Director of Operational Test and Evaluation of the Department

of Defense. ‘‘(i) LIMITATION ON PROCUREMENT OF INTERIM ARMORED

VEHICLES AND DEPLOYMENT OF IBCTS.—(1) The actions described

in paragraph (2) may not be taken until the date that is 30 days

after the date on which the Secretary of Defense— ‘‘(A) submits to Congress a report on the operational evaluation carried out under subsection (h); and ‘‘(B) certifies to Congress that the results of that operational

evaluation indicate that the design for the interim brigade

combat team is operationally effective and operationally suitable.

‘‘(2) The limitation in paragraph (1) applies to the following

actions: ‘‘(A) Procurement of interim armored vehicles in addition

to those necessary for equipping the first three interim brigade

combat teams. ‘‘(B) Deployment of any interim brigade combat team outside the United States.

‘‘(3) The Secretary of Defense may waive the applicability of

paragraph (1) to a deployment described in paragraph (2)(B) if

the Secretary—

‘‘(A) determines that the deployment is in the national

security interests of the United States; and

‘‘(B) submits to Congress, in writing, a notification of the

waiver together with a discussion of the reasons for the

waiver.’’.

Subtitle C—Navy Programs

SEC. 121. VIRGINIA CLASS SUBMARINE PROGRAM.

Section 123(b)(1) 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–25) is amended—

(1) by striking ‘‘five Virginia class submarines’’ and

inserting ‘‘seven Virginia class submarines’’; and

(2) by striking ‘‘2006’’ and inserting ‘‘2007’’.

SEC. 122. MULTIYEAR PROCUREMENT AUTHORITY FOR F/A–18E/F AIRCRAFT ENGINES.

(a) MULTIYEAR AUTHORITY.—Beginning with the 2002 program

year, the Secretary of the Navy may, in accordance with section

2306b of title 10, United States Code, enter into a multiyear contract

for the procurement of engines for F/A–18E/F aircraft.

(b) REQUIRED CERTIFICATIONS.—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,

Certification.

Reports.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1031

with respect to that contract may only be submitted if the certification includes an additional certification that each of the conditions

specified in subsection (a) of that section has been satisfied with

respect to that contract.

(c) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—Upon transmission to Congress of a certification referred to in subsection

(b) with respect to a contract authorized 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. 123. V–22 OSPREY AIRCRAFT PROGRAM.

The production rate for V–22 Osprey aircraft may not be

increased above the minimum sustaining production rate for which

funds are authorized to be appropriated by this Act until the Secretary of Defense certifies to Congress that successful operational

testing of the aircraft demonstrates that—

(1) the solutions to the problems regarding the reliability

of hydraulic system components and flight control software

that were identified by the panel appointed by the Secretary

of Defense on January 5, 2001, to review the V–22 aircraft

program are adequate to achieve low risk for crews and passengers aboard V–22 aircraft that are operating under operational conditions;

(2) the V–22 aircraft can achieve reliability and maintainability levels that are sufficient for the aircraft to achieve

operational availability at the level required for fleet aircraft;

(3) the V–22 aircraft will be operationally effective—

(A) when employed in operations with other V–22 aircraft; and

(B) when employed in operations with other types of

aircraft; and

(4) the V–22 aircraft can be operated effectively, taking

into consideration the downwash effects inherent in the operation of the aircraft, when the aircraft—

(A) is operated in remote areas with unimproved terrain and facilities;

(B) is deploying and recovering personnel—

(i) while hovering within the zone of ground effect;

and

(ii) while hovering outside the zone of ground

effect; and

(C) is operated with external loads.

SEC. 124. REPORT ON STATUS OF V–22 OSPREY AIRCRAFT BEFORE

RESUMPTION OF FLIGHT TESTING.

Not later than 30 days before the resumption of flight testing

of the V–22 Osprey aircraft, the Secretary of Defense shall submit

to Congress a report containing the following:

(1) A comprehensive description of the status of the hydraulics system and flight control software of the V–22 Osprey

aircraft, including—

(A) a description and analysis of any deficiencies in

the hydraulics system and flight control software of the

V–22 Osprey aircraft; and

(B) a description and assessment of the actions taken

to redress each such deficiency.

Deadline.

115 STAT. 1032 PUBLIC LAW 107–107—DEC. 28, 2001

(2) A description of the current actions, and any proposed

actions, of the Department of Defense to implement the recommendations of the panel appointed by the Secretary of

Defense on January 5, 2001, to review the V–22 aircraft program.

(3) An assessment of the recommendations of the National

Aeronautics and Space Administration on tiltrotor aeromechanics provided in a briefing to the Undersecretary of

Defense for Acquisition, Logistics, and Technology on August

14, 2001.

(4) Notice of the waiver, if any, of any item capability

or any other requirement specified in the Joint Operational

Requirements Document for the V–22 Osprey aircraft, including

a justification of each such waiver.

Subtitle D—Air Force Programs

SEC. 131. MULTIYEAR PROCUREMENT AUTHORITY FOR C–17 AIRCRAFT.

(a) MULTIYEAR AUTHORITY.—Beginning with the 2002 program

year, the Secretary of the Air Force may enter into a multiyear

contract for the procurement of up to 60 C–17 aircraft. Such a

contract shall be entered into in accordance with section 2306b

of title 10, United States Code, except that, notwithstanding subsection (k) of such section, such a contract may be for a period

of six program years.

(b) REQUIRED CERTIFICATIONS.—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 additional certification that each of the conditions

specified in subsection (a) of that section has been satisfied with

respect to that contract.

(c) CONGRESSIONAL NOTICE-AND-WAIT PERIOD.—Upon transmission to Congress of a certification referred to in subsection

(b) with respect to a contract authorized 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.

TITLE II—RESEARCH, DEVELOPMENT,

TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

Sec. 203. Supplemental authorization of appropriations for fiscal year 2001 for research, development, test, and evaluation, Defense-wide.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Naval surface fire support assessment.

Sec. 212. Collaborative program for development of advanced radar systems.

Sec. 213. Repeal of limitations on total cost of engineering and manufacturing development for F–22 aircraft program.

Sec. 214. Joint biological defense program.

Sec. 215. Cooperative Department of Defense-Department of Veterans Affairs medical research program.

Sec. 216. C–5 aircraft reliability enhancement and reengining program.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1033

Subtitle C—Ballistic Missile Defense

Sec. 231. Transfer of responsibility for procurement for missile defense programs

from Ballistic Missile Defense Organization to military departments.

Sec. 232. Program elements for Ballistic Missile Defense Organization.

Sec. 233. Support of ballistic missile defense activities of the Department of Defense by the national defense laboratories of the Department of Energy.

Sec. 234. Missile defense testing initiative.

Sec. 235. Construction of test bed facilities for missile defense system.

Subtitle D—Air Force Science and Technology for the 21st Century

Sec. 251. Short title.

Sec. 252. Science and technology investment and development planning.

Sec. 253. Study and report on effectiveness of Air Force science and technology program changes.

Subtitle E—Other Matters

Sec. 261. Establishment of unmanned aerial vehicle joint operational test bed system.

Sec. 262. Demonstration project to increase small business and university participation in Office of Naval Research efforts to extend benefits of science

and technology research to fleet.

Sec. 263. Communication of safety concerns from operational test and evaluation

officials to program managers.

Subtitle A—Authorization of

Appropriations

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

Funds are hereby authorized to be appropriated for fiscal year

2002 for the use of the Department of Defense for research, development, test, and evaluation as follows:

(1) For the Army, $6,675,325,000.

(2) For the Navy, $10,784,264,000.

(3) For the Air Force, $14,407,187,000.

(4) For Defense-wide activities, $14,593,995,000, of which

$221,355,000 is authorized for the Director of Operational Test

and Evaluation.

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

(a) FISCAL YEAR 2002.—Of the amounts authorized to be appropriated by section 201, $5,070,605,000 shall be available for basic

research and applied research projects.

(b) BASIC RESEARCH AND APPLIED RESEARCH DEFINED.—For

purposes of this section, the term ‘‘basic research and applied

research’’ means work funded in program elements for defense

research and development under Department of Defense category

6.1 or 6.2.

SEC. 203. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR

FISCAL YEAR 2001 FOR RESEARCH, DEVELOPMENT, TEST,

AND EVALUATION, DEFENSE-WIDE.

In addition to the funds authorized to be appropriated under

section 201(4) 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–32), there is hereby authorized to be

appropriated $1,000,000 for fiscal year 2001 for the use of the

Department of Defense for research, development, test, and evaluation, for Defense-wide activities.

115 STAT. 1034 PUBLIC LAW 107–107—DEC. 28, 2001

Subtitle B—Program Requirements,

Restrictions, and Limitations

SEC. 211. NAVAL SURFACE FIRE SUPPORT ASSESSMENT.

(a) ASSESSMENT REQUIRED.—The Secretary of Defense shall

carry out an assessment of the requirements for naval surface

fire support of ground forces operating in the littoral environment,

including the role of an advanced fire support missile system for

Navy combatant vessels. The matters assessed shall include the

Secretary of the Navy’s program plan, schedule, and funding for

meeting such requirements.

(b) REPORT.—Not later than March 31, 2002, the Secretary

of Defense shall submit to the congressional defense committees

a report containing the results of the assessment required by subsection (a).

SEC. 212. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF

ADVANCED RADAR SYSTEMS.

(a) PROGRAM REQUIRED.—The Secretary of Defense shall carry

out a program to develop and demonstrate advanced technologies

and concepts leading to advanced radar systems for naval and

other applications.

(b) DESCRIPTION OF PROGRAM.—The program under subsection

(a) shall be carried out collaboratively by the Director of Defense

Research and Engineering, the Secretary of the Navy, the Director

of the Defense Advanced Research Projects Agency, and other appropriate elements of the Department of Defense. The program shall

include the following activities:

(1) Activities needed for development and maturation of

the technologies for advanced electronics materials to extend

the range and sensitivity of radars.

(2) Identification of acquisition systems for use of the new

technology.

(c) REPORT.—Not later than March 31, 2002, the Director of

Defense Research and Engineering shall submit to the congressional

defense committees a report on the implementation of the program

under subsection (a). The report shall include the following:

(1) A description of the management plan for the program

and any agreements relating to that plan.

(2) A schedule for the program.

(3) Identification of the funding required for fiscal year

2003 and for the future-years defense program to carry out

the program.

(4) A list of program capability goals and objectives.

SEC. 213. REPEAL OF LIMITATIONS ON TOTAL COST OF ENGINEERING

AND MANUFACTURING DEVELOPMENT FOR F–22 AIRCRAFT

PROGRAM.

(a) REPEAL.—The following provisions of law are repealed:

(1) Section 217(a) of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1660).

(2) Section 8125 of the Department of Defense Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 702).

(3) Section 219(b) 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–38).

Deadline.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1035

(b) CONFORMING AMENDMENTS.—(1) Section 217 of the National

Defense Authorization Act for Fiscal Year 1998 (Public Law 105– 85; 111 Stat. 1660), as amended by subsection (a)(1), is further

amended—

(A) in subsection (c)—

(i) by striking ‘‘limitations set forth in subsections (a)

and (b)’’ and inserting ‘‘limitation set forth in subsection

(b)’’; and

(ii) by striking paragraph (3); and

(B) in subsection (d)(2), by striking subparagraphs (D) and

(E).

(2) Section 131 of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 536) is amended—

(A) in subsection (a)(2), by striking ‘‘That the’’ and all

that follows through ‘‘respectively,’’ and inserting ‘‘That the

production phase for that program can be executed within

the limitation on total cost applicable to that program under

subsection (b)’’; and

(B) in subsection (b)(3), by striking ‘‘for the remainder

of the engineering and manufacturing development phase and’’.

SEC. 214. JOINT BIOLOGICAL DEFENSE PROGRAM.

Section 217(a) of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 (as enacted into law by

Public Law 106–398; 114 Stat. 1654A–36) is amended by striking

‘‘funds authorized to be appropriated by this Act may not’’ and

inserting ‘‘no funds authorized to be appropriated to the Department

of Defense for fiscal year 2002 may’’.

SEC. 215. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF

VETERANS AFFAIRS MEDICAL RESEARCH PROGRAM.

Of the funds authorized to be appropriated by section 201(4),

$2,500,000 shall be available for the cooperative Department of

Defense/Department of Veterans Affairs medical research program.

The Secretary of Defense shall transfer such amount to the Secretary of Veterans Affairs for such purpose not later than 30 days

after the date of the enactment of this Act.

SEC. 216. C–5 AIRCRAFT RELIABILITY ENHANCEMENT AND REENGINING PROGRAM.

(a) KIT DEVELOPMENT.—The Secretary of the Air Force shall

ensure that engineering manufacturing and development under the

C–5 aircraft reliability enhancement and reengining program

includes kit development for at least one C–5A aircraft.

(b) AIRCRAFT TO BE USED FOR KIT DEVELOPMENT.—The C–

5A aircraft to be used for purposes of the kit development under

subsection (a) shall be an aircraft from among the 74 C–5A aircraft

of the Air Force.

Subtitle C—Ballistic Missile Defense

SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCUREMENT FOR

MISSILE DEFENSE PROGRAMS FROM BALLISTIC MISSILE

DEFENSE ORGANIZATION TO MILITARY DEPARTMENTS.

(a) BUDGETING OF MISSILE DEFENSE PROCUREMENT

AUTHORITY.—Section 224 of title 10, United States Code is

amended—

Deadline.

115 STAT. 1036 PUBLIC LAW 107–107—DEC. 28, 2001

(1) in subsection (a), by striking ‘‘procurement’’ both places

it appears and inserting ‘‘research, development, test, and

evaluation’’; and

(2) by striking subsections (b) and (c) and inserting the

following:

‘‘(b) TRANSFER CRITERIA.—(1) The Secretary of Defense shall

establish criteria for the transfer of responsibility for a ballistic

missile defense program from the Director of the Ballistic Missile

Defense Organization to the Secretary of a military department.

The criteria established for such a transfer shall, at a minimum,

address the following:

‘‘(A) The technical maturity of the program.

‘‘(B) The availability of facilities for production.

‘‘(C) The commitment of the Secretary of the military

department concerned to procurement funding for that program,

as shown by funding through the future-years defense program

and other defense planning documents.

‘‘(2) The Secretary shall submit the criteria established, and

any modifications to those criteria, to the congressional defense

committees.

‘‘(c) NOTIFICATION OF TRANSFER.—Before responsibility for a

ballistic missile defense program is transferred from the Director

of the Ballistic Missile Defense Organization to the Secretary of

a military department, the Secretary of Defense shall submit to

the congressional defense committees notice in writing of the Secretary’s intent to make that transfer. The Secretary shall include

with such notice a certification that the program has met the

criteria established under subsection (b) for such a transfer. The

transfer may then be carried out after the end of the 60-day period

beginning on the date of such notice.

‘‘(d) CONFORMING BUDGET AND PLANNING TRANSFERS.—When

a ballistic missile defense program is transferred from the Ballistic

Missile Defense Organization to the Secretary of a military department in accordance with this section, the Secretary of Defense

shall ensure that all appropriate conforming changes are made

to proposed or projected funding allocations in the future-years

defense program under section 221 of this title and other Department of Defense program, budget, and planning documents.

‘‘(e) FOLLOW-ON RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.—The Secretary of Defense shall ensure that, before a ballistic

missile defense program is transferred from the Director of the

Ballistic Missile Defense Organization to the Secretary of a military

department, roles and responsibilities for research, development,

test, and evaluation related to system improvements for that program are clearly defined.

‘‘(f) CONGRESSIONAL DEFENSE COMMITTEES.—In this section,

the term ‘congressional defense committees’ means the following:

‘‘(1) The Committee on Armed Services and the Committee

on Appropriations of the Senate.

‘‘(2) The Committee on Armed Services and the Committee

on Appropriations of the House of Representatives.’’.

(b) CLERICAL AMENDMENTS.—(1) The heading of that section

is amended to read as follows:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1037

‘‘§ 224. Ballistic missile defense programs: display of

amounts for research, development, test, and

evaluation’’.

(2) The item relating to that section in the table of sections

at the beginning of chapter 9 of such title is amended to read

as follows:

‘‘224. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation.’’.

SEC. 232. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE

ORGANIZATION.

(a) REVISION IN PROGRAM ELEMENTS.—Subsection (a) of section

223 of title 10, United States Code, is amended— (1) by striking ‘‘in accordance with the following program

elements:’’ and inserting ‘‘in accordance with program elements

governing functional areas as follows:’’; and

(2) by striking paragraphs (1) through (12) and inserting

the following: ‘‘(1) Technology.

‘‘(2) Ballistic Missile Defense System.

‘‘(3) Terminal Defense Segment.

‘‘(4) Midcourse Defense Segment.

‘‘(5) Boost Defense Segment.

‘‘(6) Sensors Segment.’’. (b) ADDITIONAL REQUIREMENTS.—Subsection (b) of such section

is amended to read as follows:

‘‘(b) SEPARATE PROGRAM ELEMENTS FOR PROGRAMS ENTERING

ENGINEERING AND MANUFACTURING DEVELOPMENT.—(1) The Secretary of Defense shall ensure that each ballistic missile defense

program that enters engineering and manufacturing development

is assigned a separate, dedicated program element.

‘‘(2) In this subsection, the term ‘engineering and manufacturing

development’ means the development phase whose primary objectives are to—

‘‘(A) translate the most promising design approach into

a stable, interoperable, producible, supportable, and cost-effective design;

‘‘(B) validate the manufacturing or production process; and

‘‘(C) demonstrate system capabilities through testing.’’.

(c) REQUIREMENT FOR ANNUAL PROGRAM GOALS.—(1) The Secretary of Defense shall each year establish cost, schedule, testing,

and performance goals for the ballistic missile defense programs

of the Department of Defense for the period covered by the futureyears defense program that is submitted to Congress that year

under section 221 of title 10, United States Code. Not later than

February 1 each year, the Secretary shall submit to the congressional defense committees a statement of the goals so established.

(2) The statement of goals submitted under paragraph (1) for

any year after 2002 shall be an update of the statement submitted

under that paragraph for the preceding year.

(3) Each statement of goals submitted under paragraph (1)

shall set forth cost, schedule, testing, and performance goals that

pertain to each functional area program element identified in subsection (a), and each program element identified in subsection (b),

of section 223 of title 10, United States Code.

(d) ANNUAL PROGRAM PLAN.—(1) With the submission of the

statement of goals under subsection (c) for any year, the Secretary

10 USC 2431

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115 STAT. 1038 PUBLIC LAW 107–107—DEC. 28, 2001

of Defense shall submit to the congressional defense committees

a program of activities planned to be carried out for each missile

defense program that enters engineering and manufacturing

development (as defined in section 223(b)(2) of title 10, United

States Code, as added by subsection (b)).

(2) Each program plan under paragraph (1) shall include the

following:

(A) A funding profile that includes an estimate of—

(i) the total expenditures to be made in the fiscal

year in which the plan is submitted and the following

fiscal year, together with the estimated total life-cycle costs

of the program; and

(ii) a display of such expenditures (shown for significant procurement, construction, and research and development) for the fiscal year in which the plan is submitted

and the following fiscal year.

(B) A program schedule for the fiscal year in which the

plan is submitted and the following fiscal year for each of

the following:

(i) Significant procurement.

(ii) Construction.

(iii) Research and development.

(iv) Flight tests.

(v) Other significant testing activities.

(3) Information specified in paragraph (2) need not be included

in the plan for any year under paragraph (1) to the extent such

information has already been provided, or will be provided in the

current fiscal year, in annual budget justification documents of

the Department of Defense submitted to Congress or in other

required reports to Congress.

(e) INTERNAL DOD REVIEWS.—(1) The officials and elements

of the Department of Defense specified in paragraph (2) shall on

an ongoing basis—

(A) review the development of goals under subsection (c)

and the annual program plan under subsection (d); and

(B) provide to the Secretary of Defense and the Director

of the Ballistic Missile Defense Organization any comments

on such matters as considered appropriate.

(2) Paragraph (1) applies with respect to the following:

(A) The Under Secretary of Defense for Acquisition, Technology, and Logistics.

(B) The Director of Operational Test and Evaluation.

(C) The Director of Program Analysis and Evaluation.

(D) The Joint Requirements Oversight Council.

(E) The Cost Analysis and Improvement Group.

(f) DEMONSTRATION OF CRITICAL TECHNOLOGIES.—(1) The

Director of the Ballistic Missile Defense Organization shall develop

a plan for ensuring that each critical technology for a missile

defense program is successfully demonstrated in an appropriate

environment before that technology enters into operational service

as part of a missile defense program.

(2) The Director of Operational Test and Evaluation of the

Department of Defense shall monitor the development of the plan

under paragraph (1) and shall submit to the Director of the Ballistic

Missile Defense Organization any comments regarding that plan

that the Director of Operational Test and Evaluation considers

appropriate.

10 USC 2431

note.

10 USC 2431

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1039

(g) COMPTROLLER GENERAL ASSESSMENT.—(1) At the conclusion

of each of fiscal years 2002 and 2003, the Comptroller General

of the United States shall assess the extent to which the Ballistic

Missile Defense Organization achieved the goals established under

subsection (c) for such fiscal year.

(2) Not later than February 15, 2003, and February 15, 2004,

the Comptroller General shall submit to the congressional defense

committees a report on the Comptroller General’s assessment under

paragraph (1) with respect to the preceding fiscal year.

(h) ANNUAL OT&E ASSESSMENT OF TEST PROGRAM.—(1) The

Director of Operational Test and Evaluation shall each year assess

the adequacy and sufficiency of the Ballistic Missile Defense

Organization test program during the preceding fiscal year.

(2) Not later than February 15 each year the Director shall

submit to the congressional defense committees a report on the

assessment under paragraph (1) with respect to the preceding fiscal

year.

SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF

THE DEPARTMENT OF DEFENSE BY THE NATIONAL

DEFENSE LABORATORIES OF THE DEPARTMENT OF

ENERGY.

(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MISSILE DEFENSE

ACTIVITIES.—Of the amounts authorized to be appropriated to the Department of Defense pursuant to section 201(4), $25,000,000

shall be available, subject to subsection (b) and at the discretion

of the Director of the Ballistic Missile Defense Organization, for

research, development, and demonstration activities at the national

laboratories of the Department of Energy in support of the missions

of the Ballistic Missile Defense Organization, including the following

activities:

(1) Technology development, concept demonstration, and

integrated testing to enhance performance, reduce risk, and

improve reliability in hit-to-kill interceptors for ballistic missile

defense.

(2) Support for science and engineering teams to assess

critical technical problems and prudent alternative approaches

as agreed upon by the Director of the Ballistic Missile Defense

Organization and the Administrator for Nuclear Security.

(b) REQUIREMENT FOR MATCHING FUNDS FROM NNSA.—Funds

shall be available as provided in subsection (a) only if the Administrator for Nuclear Security makes available matching funds for

the activities referred to in subsection (a).

(c) MEMORANDUM OF UNDERSTANDING.—The activities referred

to in subsection (a) shall be carried out under the memorandum

of understanding entered into by the Secretary of Energy and

the Secretary of Defense for the use of national laboratories for

ballistic missile defense programs, as required by section 3131

of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105–85; 111 Stat. 2034) and modified pursuant to

section 3132 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–455) to provide for jointly funded projects.

SEC. 234. MISSILE DEFENSE TESTING INITIATIVE.

(a) TESTING INFRASTRUCTURE.—(1) The Secretary of Defense

shall ensure that each annual budget request of the Department

of Defense—

10 USC 2431

note.

Deadline.

Reports.

10 USC 2431

note.

Deadlines.

Reports.

10 USC 2431

note.

115 STAT. 1040 PUBLIC LAW 107–107—DEC. 28, 2001

(A) is designed to provide for comprehensive testing of

ballistic missile defense programs during early stages of

development; and

(B) includes necessary funding to support and improve

test infrastructure and provide adequate test assets for the

testing of such programs.

(2) The Secretary shall ensure that ballistic missile defense

programs incorporate, to the greatest possible extent, operationally

realistic test configurations (referred to as ‘‘test bed’’ configurations)

to demonstrate system performance across a broad range of capability and, during final stages of operational testing, to demonstrate

reliable performance.

(3) The Secretary shall ensure that the test infrastructure

for ballistic missile defense programs is capable of supporting

continued testing of ballistic missile defense systems after deployment.

(b) REQUIREMENTS FOR EARLY STAGES OF SYSTEM DEVELOPMENT.—In order to demonstrate acceptable risk and developmental

stability, the Secretary of Defense shall ensure that any ballistic

missile defense program incorporates, to the maximum extent practicable, the following elements during the early stages of system

development:

(1) Pursuit of parallel conceptual approaches and technological paths for all critical problematic components until effective and reliable solutions can be demonstrated.

(2) Comprehensive ground testing in conjunction with

flight-testing for key elements of the proposed system that

are considered to present high risk, with such ground testing

to make use of existing facilities and combinations of facilities

that support testing at the highest possible levels of integration.

(3) Where appropriate, expenditures to enhance the

capabilities of existing test facilities, or to construct new test

facilities, to support alternative complementary test methodologies.

(4) Sufficient funding of test instrumentation to ensure

accurate measurement of all critical test events.

(5) Incorporation into the program of sufficient schedule

flexibility and expendable test assets, including missile interceptors and targets, to ensure that failed or aborted tests can

be repeated in a prudent, but expeditious manner.

(6) Incorporation into flight-test planning for the program,

where possible, of—

(A) methods that make the most cost-effective use of

test opportunities;

(B) events to demonstrate engagement of multiple targets, ‘‘shoot-look-shoot’’, and other planned operational concepts; and

(C) exploitation of opportunities to facilitate early

development and demonstration of ‘‘family of systems’’ concepts.

(c) SPECIFIC REQUIREMENTS FOR GROUND-BASED MID-COURSE

INTERCEPTOR SYSTEMS.—For ground-based mid-course interceptor

systems, the Secretary of Defense shall initiate steps during fiscal

year 2002 to establish a flight-test capability of launching not

less than three missile defense interceptors and not less than two

ballistic missile targets to provide a realistic test infrastructure.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1041

SEC. 235. CONSTRUCTION OF TEST BED FACILITIES FOR MISSILE

DEFENSE SYSTEM.

(a) AUTHORITY TO ACQUIRE OR CONSTRUCT FACILITIES.—(1) The

Secretary of Defense, using funds appropriated to the Department

of Defense for research, development, test, and evaluation for fiscal

years after fiscal year 2001 that are available for programs of

the Ballistic Missile Defense Organization, may carry out all

construction projects, or portions of construction projects, including

projects for the acquisition, improvement, or construction of facilities, necessary to establish and operate the Missile Defense System

Test Bed.

(2) The authority provided in subsection (a) may be used to

acquire, improve, or construct facilities at a total cost not to exceed

$500,000,000.

(b) AUTHORITY TO PROVIDE ASSISTANCE TO LOCAL COMMUNITIES.—(1) Subject to paragraph (2), the Secretary of Defense,

using funds appropriated to the Department of Defense for research,

development, test, and evaluation for fiscal year 2002 that are

available for programs of the Ballistic Missile Defense Organization,

may provide assistance to local communities to meet the need

for increased municipal or community services or facilities resulting

from the construction, installation, or operation of the Missile

Defense System Test Bed Facilities. Such assistance may be provided by grant or otherwise.

(2) Assistance may be provided to a community under paragraph (1) only if the Secretary of Defense determines that there

is an immediate and substantial increase in the need for municipal

or community services or facilities as a direct result of the construction, installation, or operation of the Missile Defense System Test

Bed Facilities.

Subtitle D—Air Force Science and

Technology for the 21st Century

SEC. 251. SHORT TITLE.

This subtitle may be cited as the ‘‘Air Force Science and Technology for the 21st Century Act’’.

SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND DEVELOPMENT PLANNING.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of the Air Force should carry out each of the following:

(1) Continue and improve efforts to ensure that—

(A) the Air Force science and technology community

is represented, and the recommendations of that community are considered, at all levels of program planning and

budgetary decisionmaking within the Air Force;

(B) advocacy for science and technology development

is institutionalized across all levels of Air Force management in a manner that is not dependent on individuals;

and

(C) the value of Air Force science and technology

development is made increasingly apparent to the warfighters, by linking the needs of those warfighters with

decisions on science and technology development.

10 USC 2501

note.

10 USC 2501

note.

Air Force Science

and Technology

for the 21st

Century Act.

115 STAT. 1042 PUBLIC LAW 107–107—DEC. 28, 2001

(2) Complete and adopt a policy directive that provides

for changes in how the Air Force makes budgetary and nonbudgetary decisions with respect to its science and technology

development programs and how it carries out those programs.

(3) At least once every five years, conduct a review of

the long-term challenges and short-term objectives of the Air

Force science and technology programs that is consistent with

the review specified in section 252 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–

46).

(4) Ensure that development and science and technology

planning and investment activities are carried out for future

space warfighting systems and for future nonspace warfighting

systems in an integrated manner.

(5) Elevate the position within the Office of the Secretary

of the Air Force that has primary responsibility for budget

and policy decisions for science and technology programs.

(b) REINSTATEMENT OF DEVELOPMENT PLANNING.—(1) The Secretary of the Air Force shall reinstate and implement a revised

development planning process that provides for each of the following:

(A) Coordinating the needs of Air Force warfighters with

decisions on science and technology development.

(B) Giving input into the establishment of priorities among

science and technology programs.

(C) Analyzing Air Force capability options for the allocation

of Air Force resources.

(D) Developing concepts for technology, warfighting systems, and operations with which the Air Force can achieve

its critical future goals.

(E) Evaluating concepts for systems and operations that

leverage technology across Air Force organizational boundaries.

(F) Ensuring that a ‘‘system-of-systems’’ approach is used

in carrying out the various Air Force capability planning exercises.

(G) Utilizing existing analysis capabilities within the Air

Force product centers in a collaborative and integrated manner.

(2) Not later than one year after the date of the enactment

of this Act, the Secretary of the Air Force shall submit to Congress

a report on the implementation of the planning process required

by paragraph (1). The report shall include the annual amount

that the Secretary considers necessary to carry out paragraph (1).

SEC. 253. STUDY AND REPORT ON EFFECTIVENESS OF AIR FORCE

SCIENCE AND TECHNOLOGY PROGRAM CHANGES.

(a) REQUIREMENT.—The Secretary of the Air Force, in cooperation with the National Research Council of the National Academy

of Sciences, shall carry out a study to determine how the changes

to the Air Force science and technology program implemented

during the past two years affect the future capabilities of the

Air Force.

(b) MATTERS STUDIED.—(1) The study shall review and assess

whether such changes as a whole are sufficient to ensure the

following:

(A) That the concerns about the management of the science

and technology program that have been raised by Congress,

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Deadline.

Reports.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1043

the Defense Science Board, the Air Force Science Advisory

Board, and the Air Force Association have been adequately

addressed.

(B) That appropriate and sufficient technology is available

to ensure the military superiority of the United States and

counter future high-risk threats.

(C) That the science and technology investments are balanced to meet the near-, mid-, and long-term needs of the

Air Force.

(D) That technologies are made available that can be used

to respond flexibly and quickly to a wide range of future threats.

(E) That the Air Force organizational structure provides

for a sufficiently senior level advocate of science and technology

to ensure an ongoing, effective presence of the science and

technology community during the budget and planning process.

(2) In addition, the study shall assess the specific changes

to the Air Force science and technology program as follows:

(A) Whether the biannual science and technology summits

provide sufficient visibility into, and understanding and appreciation of, the value of the science and technology program

to the senior level of Air Force budget and policy decisionmakers.

(B) Whether the applied technology councils are effective

in contributing the input of all levels beneath the senior leadership into the coordination, focus, and content of the science

and technology program.

(C) Whether the designation of the commander of the Air

Force Materiel Command as the science and technology budget

advocate is effective to ensure that an adequate Air Force

science and technology budget is requested.

(D) Whether the revised development planning process is

effective to aid in the coordination of the needs of the Air

Force warfighters with decisions on science and technology

investments and the establishment of priorities among different

science and technology programs.

(E) Whether the implementation of section 252 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–46) is effective to identify the basis for the appropriate

science and technology program funding level and investment

portfolio.

(c) REPORT.—Not later than May 1, 2003, the Secretary of

the Air Force shall submit to Congress the results of the study.

Subtitle E—Other Matters

SEC. 261. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE JOINT

OPERATIONAL TEST BED SYSTEM.

(a) ESTABLISHMENT OF TEST BED SYSTEM.—The commander

of the United States Joint Forces Command shall establish a government flight activity capability (referred to as a ‘‘test bed’’) within

the facilities and resources of that command to evaluate and ensure

joint interoperability of unmanned aerial vehicle systems. That

capability shall be independent of the military departments and

shall be managed directly by the Joint Forces Command.

Deadline.

115 STAT. 1044 PUBLIC LAW 107–107—DEC. 28, 2001

(b) PRIORITY FOR USE OF PREDATOR ASSETS.—The Secretary

of the Navy shall ensure that the commander of the United States

Joint Forces Command controls the priority for use of the two

Predator unmanned aerial vehicles currently undergoing operational testing by the Navy, together with associated payloads

and antennas and the associated tactical control system (TCS)

ground station.

(c) USE BY JOINT FORCES COMMAND.—The items specified to

in subsection (b) may be used by the commander of the United

States Joint Forces Command only through the independent joint

operational test bed system established pursuant to subsection (a)

for testing of those items, including further development of the

associated tactical control system (TCS) ground station, other

aspects of unmanned aerial vehicle interoperability, and participation in such experiments and exercises as the commander considers

appropriate to the mission of that command.

SEC. 262. DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS

AND UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL

RESEARCH EFFORTS TO EXTEND BENEFITS OF SCIENCE

AND TECHNOLOGY RESEARCH TO FLEET.

(a) PROJECT REQUIRED.—The Secretary of the Navy, acting

through the Chief of Naval Research, shall carry out a demonstration project to increase access to Navy facilities of small businesses

and universities that are engaged in science and technology research

beneficial to the fleet.

(b) PROJECT ELEMENTS.—In carrying out the demonstration

project, the Secretary shall—

(1) establish and operate a Navy Technology Extension

Center at a location to be selected by the Secretary;

(2) permit participants in the Small Business Innovation

Research Program (SBIR) and Small Business Technology

Transfer Program (STTR) that are awarded contracts by the

Office of Naval Research to access and use Navy Major Range

Test Facilities Base (MRTFB) facilities selected by the Secretary

for purposes of carrying out such contracts, and charge such

participants for such access and use at the same established

rates that Department of Defense customers are charged; and

(3) permit universities, institutions of higher learning, and

federally funded research and development centers collaborating with participants referred to in paragraph (2) to access

and use such facilities for such purposes, and charge such

entities for such access and use at such rates.

(c) PERIOD OF PROJECT.—The demonstration project shall be

carried out during the three-year period beginning on the date

of the enactment of this Act.

(d) REPORT.—Not later than February 1, 2004, the Secretary

shall submit to Congress a report on the demonstration project.

The report shall include a description of the activities carried out

under the demonstration project and any recommendations for the

improvement or expansion of the demonstration project that the

Secretary considers appropriate.

SEC. 263. COMMUNICATION OF SAFETY CONCERNS FROM OPERATIONAL TEST AND EVALUATION OFFICIALS TO PROGRAM

MANAGERS.

Section 139 of title 10, United States Code, is amended—

Deadline.

10 USC 5022

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1045

(1) by redesignating subsections (f) through (i) as subsections (g) through (j), respectively; and

(2) by inserting after subsection (e) the following new subsection:

‘‘(f) The Director shall ensure that safety concerns developed

during the operational test and evaluation of a weapon system

under a major defense acquisition program are communicated in

a timely manner to the program manager for that program for

consideration in the acquisition decisionmaking process.’’.

TITLE III—OPERATION AND

MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Transfer from National Defense Stockpile Transaction Fund.

Sec. 305. Funds for renovation of Department of Veterans Affairs facilities adjacent

to Naval Training Center, Great Lakes, Illinois.

Sec. 306. Defense Language Institute Foreign Language Center expanded Arabic

language program.

Subtitle B—Environmental Provisions

Sec. 311. Inventory of unexploded ordnance, discarded military munitions, and munitions constituents at defense sites (other than operational ranges).

Sec. 312. Establishment of new program element for remediation of unexploded

ordnance, discarded military munitions, and munitions constituents.

Sec. 313. Assessment of environmental remediation of unexploded ordnance, discarded military munitions, and munitions constituents.

Sec. 314. Conformity of surety authority under environmental restoration program

with surety authority under CERCLA.

Sec. 315. Elimination of annual report on contractor reimbursement for costs of environmental response actions.

Sec. 316. Pilot program for sale of air pollution emission reduction incentives.

Sec. 317. Department of Defense energy efficiency program.

Sec. 318. Procurement of alternative fueled and hybrid light duty trucks.

Sec. 319. Reimbursement of Environmental Protection Agency for certain response

costs in connection with Hooper Sands Site, South Berwick, Maine.

Sec. 320. River mitigation studies.

Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities

Sec. 331. Commissary benefits for new members of the Ready Reserve.

Sec. 332. Reimbursement for use of commissary facilities by military departments

for purposes other than commissary sales.

Sec. 333. Public releases of commercially valuable information of commissary

stores.

Sec. 334. Rebate agreements with producers of foods provided under special supplemental food program.

Sec. 335. Civil recovery for nonappropriated fund instrumentality costs related to

shoplifting.

Subtitle D—Workforce and Depot Issues

Sec. 341. Revision of authority to waive limitation on performance of depot-level

maintenance.

Sec. 342. Exclusion of certain expenditures from limitation on private sector performance of depot-level maintenance.

Sec. 343. Protections for purchasers of articles and services manufactured or performed by working-capital funded industrial facilities of the Department

of Defense.

Sec. 344. Revision of deadline for annual report on commercial and industrial activities.

Sec. 345. Pilot manpower reporting system in Department of the Army.

Sec. 346. Development of Army workload and performance system and Wholesale

Logistics Modernization Program.

115 STAT. 1046 PUBLIC LAW 107–107—DEC. 28, 2001

Subtitle E—Defense Dependents Education

Sec. 351. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.

Sec. 352. Impact aid for children with severe disabilities.

Sec. 353. Availability of auxiliary services of defense dependents’ education system

for dependents who are home school students.

Sec. 354. Comptroller General study of adequacy of compensation provided for

teachers in the Department of Defense overseas dependents’ schools.

Subtitle F—Other Matters

Sec. 361. Availability of excess defense personal property to support Department of

Veterans Affairs initiative to assist homeless veterans.

Sec. 362. Incremental implementation of Navy-Marine Corps Intranet contract.

Sec. 363. Comptroller General study and report of National Guard Distributive

Training Technology Project.

Sec. 364. Reauthorization of warranty claims recovery pilot program.

Sec. 365. Evaluation of current demonstration programs to improve quality of personal property shipments of members.

Sec. 366. Sense of Congress regarding security to be provided at 2002 Winter

Olympic Games.

Subtitle A—Authorization of

Appropriations

SEC. 301. OPERATION AND MAINTENANCE FUNDING.

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby

authorized to be appropriated for fiscal year 2002 for the use

of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, in amounts as follows:

(1) For the Army, $20,653,241,000.

(2) For the Navy, $26,461,299,000.

(3) For the Marine Corps, $2,872,524,000.

(4) For the Air Force, $25,598,767,000.

(5) For Defense-wide activities, $11,949,586,000.

(6) For the Army Reserve, $1,824,146,000.

(7) For the Naval Reserve, $1,000,050,000.

(8) For the Marine Corps Reserve, $142,853,000.

(9) For the Air Force Reserve, $2,029,866,000.

(10) For the Army National Guard, $3,696,559,000.

(11) For the Air National Guard, $3,967,361,000.

(12) For the Defense Inspector General, $149,221,000.

(13) For the United States Court of Appeals for the Armed

Forces, $9,096,000.

(14) For Environmental Restoration, Army, $389,800,000.

(15) For Environmental Restoration, Navy, $257,517,000.

(16) For Environmental Restoration, Air Force,

$385,437,000.

(17) For Environmental Restoration, Defense-wide,

$23,492,000.

(18) For Environmental Restoration, Formerly Used

Defense Sites, $230,255,000.

(19) For Overseas Humanitarian, Disaster, and Civic Aid

programs, $49,700,000.

(20) For Drug Interdiction and Counter-drug Activities,

Defense-wide, $820,381,000.

(21) For the Kaho’olawe Island Conveyance, Remediation,

and Environmental Restoration Trust Fund, $40,000,000.

(22) For Defense Health Program, $17,570,750,000.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1047

(23) For Cooperative Threat Reduction programs,

$403,000,000.

(24) For Overseas Contingency Operations Transfer Fund,

$2,844,226,000.

(25) For Support for International Sporting Competitions,

Defense, $15,800,000.

(b) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $125,000,000, which represents savings

resulting from reduced energy costs.

SEC. 302. WORKING CAPITAL FUNDS.

Funds are hereby authorized to be appropriated for fiscal year

2002 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, $1,656,396,000.

(2) For the National Defense Sealift Fund, $407,708,000.

SEC. 303. ARMED FORCES RETIREMENT HOME.

(a) AMOUNT FOR FISCAL YEAR 2002.—There is hereby authorized to be appropriated for fiscal year 2002 from the Armed Forces

Retirement Home Trust Fund the sum of $71,440,000 for the operation of the Armed Forces Retirement Home.

(b) AVAILABILITY OF AMOUNTS PREVIOUSLY APPROPRIATED.—

Of amounts appropriated from the Armed Forces Retirement Home

Trust Fund for fiscal year 2002 (and previous fiscal years to the

extent such amounts remain unobligated), $22,400,000 shall be

available, subject to the review and approval of the Secretary of

Defense, for the development and construction of a blended use,

multicare facility at the Naval Home and for the acquisition of

a parcel of real property adjacent to the Naval Home consisting

of approximately 15 acres.

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND.

(a) TRANSFER AUTHORITY.—To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to

operation and maintenance accounts for fiscal year 2002 in amounts

as follows:

(1) For the Army, $50,000,000.

(2) For the Navy, $50,000,000.

(3) For the Air Force, $50,000,000.

(b) TREATMENT OF TRANSFERS.—Amounts transferred under

this section—

(1) shall be merged with, and be available for the same

purposes and the same period as, the amounts in the accounts

to which transferred; and

(2) may not be expended for an item that has been denied

authorization of appropriations by Congress.

(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The

transfer authority provided in this section is in addition to the

transfer authority provided in section 1001.

115 STAT. 1048 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 305. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS

AFFAIRS FACILITIES ADJACENT TO NAVAL TRAINING

CENTER, GREAT LAKES, ILLINOIS.

(a) AVAILABILITY OF FUNDS FOR RENOVATION.—Subject to subsection (b), of the amount authorized to be appropriated by section

301(a)(2) for operation and maintenance for the Navy, the Secretary

of the Navy may make available to the Secretary of Veterans

Affairs up to $2,000,000 for relocation of Department of Veterans

Affairs activities and associated renovation of existing facilities

at the North Chicago Department of Veterans Affairs Medical

Center, Illinois.

(b) LIMITATION.—The Secretary of the Navy may make funds

available under subsection (a) only after the Secretary of the Navy

and the Secretary of Veterans Affairs enter into an appropriate

agreement for the use by the Secretary of the Navy of approximately

48 acres of real property at the North Chicago Department of

Veterans Affairs property referred to in subsection (a) for expansion

of the Naval Training Center, Great Lakes, Illinois.

SEC. 306. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE

CENTER EXPANDED ARABIC LANGUAGE PROGRAM.

Of the amount authorized to be appropriated by section

301(a)(1) for operation and maintenance for the Army, $650,000

may be available for the Defense Language Institute Foreign Language Center for an expanded Arabic language program.

Subtitle B—Environmental Provisions

SEC. 311. INVENTORY OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS AT

DEFENSE SITES (OTHER THAN OPERATIONAL RANGES).

(a) INVENTORY REQUIRED.—(1) Chapter 160 of title 10, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 2710. Inventory of unexploded ordnance, discarded military munitions, and munitions constituents at

defense sites (other than operational ranges)

‘‘(a) INVENTORY REQUIRED.—(1) The Secretary of Defense shall

develop and maintain an inventory of defense sites that are known

or suspected to contain unexploded ordnance, discarded military

munitions, or munitions constituents.

‘‘(2) The information in the inventory for each defense site

shall include, at a minimum, the following:

‘‘(A) A unique identifier for the defense site.

‘‘(B) An appropriate record showing the location, boundaries, and extent of the defense site, including identification

of the State and political subdivisions of the State in which

the defense site is located and any Tribal lands encompassed

by the defense site.

‘‘(C) Known persons and entities, other than a military

department, with any current ownership interest or control

of lands encompassed by the defense site.

‘‘(D) Any restrictions or other land use controls currently

in place at the defense site that might affect the potential

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1049

for public and environmental exposure to the unexploded ordnance, discarded military munitions, or munitions constituents.

‘‘(b) SITE PRIORITIZATION.—(1) The Secretary shall develop, in

consultation with representatives of the States and Indian Tribes,

a proposed protocol for assigning to each defense site a relative

priority for response activities related to unexploded ordnance, discarded military munitions, and munitions constituents based on

the overall conditions at the defense site. After public notice and

comment on the proposed protocol, the Secretary shall issue a

final protocol and shall apply the protocol to defense sites listed

on the inventory. The level of response priority assigned the site

shall be included with the information required by subsection (a)(2). ‘‘(2) In assigning the response priority for a defense site on

the inventory, the Secretary shall primarily consider factors relating

to safety and environmental hazard potential, such as the following: ‘‘(A) Whether there are known, versus suspected,

unexploded ordnance, discarded military munitions, or munitions constituents on all or any portion of the defense site

and the types of unexploded ordnance, discarded military munitions, or munitions constituents present or suspected to be

present. ‘‘(B) Whether public access to the defense site is controlled,

and the effectiveness of these controls. ‘‘(C) The potential for direct human contact with

unexploded ordnance, discarded military munitions, or munitions constituents at the defense site and evidence of people

entering the site.

‘‘(D) Whether a response action has been or is being undertaken at the defense site under the Formerly Used Defense

Sites program or other program.

‘‘(E) The planned or mandated dates for transfer of the

defense site from military control.

‘‘(F) The extent of any documented incidents involving

unexploded ordnance, discarded military munitions, or munitions constituents at or from the defense site, including

incidents involving explosions, discoveries, injuries, reports, and

investigations.

‘‘(G) The potential for drinking water contamination or

the release of munitions constituents into the air.

‘‘(H) The potential for destruction of sensitive ecosystems

and damage to natural resources.

‘‘(3) The priority assigned to a defense site included on the

inventory shall not impair, alter, or diminish any applicable Federal

or State authority to establish requirements for the investigation

of, and response to, environmental problems at the defense site.

‘‘(c) UPDATES AND AVAILABILITY.—(1) The Secretary shall

annually update the inventory and site prioritization list to reflect

new information that becomes available. The inventory shall be

available in published and electronic form.

‘‘(2) The Secretary shall work with communities adjacent to

a defense site to provide information concerning conditions at the

site and response activities. At a minimum, the Secretary shall

provide the site inventory information and site prioritization list

to appropriate Federal, State, tribal, and local officials, and, to

the extent the Secretary considers appropriate, to civil defense

or emergency management agencies and the public.

‘‘(d) EXCEPTIONS.—This section does not apply to the following:

Public

information.

Applicability.

Protocol.

115 STAT. 1050 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(1) Any locations outside the United States.

‘‘(2) The presence of military munitions resulting from combat operations. ‘‘(3) Operating storage and manufacturing facilities.

‘‘(4) Operational ranges.

‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘defense site’ applies to locations that are

or were owned by, leased to, or otherwise possessed or used

by the Department of Defense. The term does not include

any operational range, operating storage or manufacturing

facility, or facility that is used for or was permitted for the

treatment or disposal of military munitions. ‘‘(2) The term ‘discarded military munitions’ means military

munitions that have been abandoned without proper disposal

or removed from storage in a military magazine or other storage

area for the purpose of disposal. The term does not include

unexploded ordnance, military munitions that are being held

for future use or planned disposal, or military munitions that

have been properly disposed of, consistent with applicable

environmental laws and regulations. ‘‘(3)(A) The term ‘military munitions’ means all ammunition

products and components produced for or used by the armed

forces for national defense and security, including ammunition

products or components under the control of the Department

of Defense, the Coast Guard, the Department of Energy, and

the National Guard. The term includes confined gaseous, liquid,

and solid propellants, explosives, pyrotechnics, chemical and

riot control agents, smokes, and incendiaries, including bulk

explosives and chemical warfare agents, chemical munitions,

rockets, guided and ballistic missiles, bombs, warheads, mortar

rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and

dispensers, demolition charges, and devices and components

thereof.

‘‘(B) The term does not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices,

and nuclear components, except that the term does include

nonnuclear components of nuclear devices that are managed

under the nuclear weapons program of the Department of

Energy after all required sanitization operations under the

Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been

completed.

‘‘(4) The term ‘munitions constituents’ means any materials

originating from unexploded ordnance, discarded military munitions, or other military munitions, including explosive and nonexplosive materials, and emission, degradation, or breakdown

elements of such ordnance or munitions.

‘‘(5) The term ‘operational range’ means a military range

that is used for range activities, or a military range that is

not currently being used, but that is still considered by the

Secretary to be a range area, is under the jurisdiction, custody,

or control of the Department of Defense, and has not been

put to a new use that is incompatible with range activities.

‘‘(6) The term ‘possessions’ includes Johnston Atoll, Kingman Reef, Midway Island, Nassau Island, Palmyra Island, and

Wake Island.

‘‘(7) The term ‘Secretary’ means the Secretary of Defense.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1051

‘‘(8) The term ‘State’ means the several States, the District

of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories

and possessions.

‘‘(9) The term ‘unexploded ordnance’ means military munitions that—

‘‘(A) have been primed, fused, armed, or otherwise

prepared for action;

‘‘(B) have been fired, dropped, launched, projected, or

placed in such a manner as to constitute a hazard to

operations, installations, personnel, or material; and

‘‘(C) remain unexploded either by malfunction, design,

or any other cause.

‘‘(10) The term ‘United States’, in a geographic sense, means

the States, territories, and possessions and associated navigable

waters, contiguous zones, and ocean waters of which the natural

resources are under the exclusive management authority of

the United States.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘2710. Inventory of unexploded ordnance, discarded military munitions, and munitions constituents at defense sites (other than operational ranges).’’.

(b) INITIAL INVENTORY.—The requirements of section 2710 of

title 10, United States Code, as added by subsection (a), shall

be implemented as follows:

(1) The initial inventory required by subsection (a) of such

section shall be completed not later than May 31, 2003.

(2) The proposed prioritization protocol required by subsection (b) of such section shall be available for public comment

not later than November 30, 2002.

SEC. 312. ESTABLISHMENT OF NEW PROGRAM ELEMENT FOR REMEDIATION OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS.

Section 2703 of title 10, United States Code, is amended—

(1) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) PROGRAM ELEMENTS FOR ORDNANCE REMEDIATION.—The

Secretary of Defense shall establish a program element for remediation of unexploded ordnance, discarded military munitions, and

munitions constituents within each environmental restoration

account established under subsection (a). The terms ‘unexploded

ordnance’, ‘discarded military munitions’, and ‘munitions constituents’ have the meanings given such terms in section 2710 of this

title.’’.

SEC. 313. ASSESSMENT OF ENVIRONMENTAL REMEDIATION OF

UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS.

(a) INCLUSION IN 2003 REPORT ON ENVIRONMENTAL RESTORATION ACTIVITIES.—The Secretary of Defense shall include in the

report submitted to Congress under section 2706(a) of title 10,

United States Code, in 2003 a comprehensive assessment of

unexploded ordnance, discarded military munitions, and munitions

10 USC 2706

note.

Deadlines.

10 USC 2710

note.

115 STAT. 1052 PUBLIC LAW 107–107—DEC. 28, 2001

constituents located at current and former facilities of the Department of Defense. The assessment shall include, at a minimum,

the following:

(1) Separate estimates of the aggregate projected costs

of the remediation of unexploded ordnance, discarded military

munitions, and munitions constituents at—

(A) all operational ranges; and

(B) all other defense sites.

(2) A comprehensive plan for addressing the remediation

of unexploded ordinance, discarded military munitions, and

munitions constituents at defense sites, including an assessment of the funding required and the period of time over

which such funding will be required.

(3) An assessment of the technology currently available

for the remediation of unexploded ordnance, discarded military

munitions, and munitions constituents.

(4) An assessment of the impact of improved technology

on the cost of such remediation and a plan for the development

and use of such improved technology.

(b) REQUIREMENTS FOR COST ESTIMATES.—(1) The estimates

of aggregate projected costs required by subsection (a)(1) shall—

(A) be stated as a range of aggregate projected costs,

including a low estimate and a high estimate;

(B) set forth the differing assumptions underlying each

such low estimate and high estimate, including—

(i) any public uses for the operational ranges and other

defense sites concerned that will be available after the

remediation is completed;

(ii) the extent of the remediation required to make

the operational ranges and other defense sites concerned

available for such uses; and

(iii) the technologies to be applied to achieve such

level of remediation; and

(C) include, and identify separately, an estimate of the

aggregate projected costs of the remediation of any ground

water contamination that may be caused by unexploded ordnance, discarded military munitions, or munitions constituents

at the operational ranges and other defense sites concerned.

(2) The high estimate of the aggregate projected costs shall

be based on the assumption that all unexploded ordnance, discarded

military munitions, and munitions constituents at each operational

range and other defense site will be addressed, regardless of

whether there are any current plans to close the range or site

or discontinue training at the range or site.

(3) The estimate of the aggregate projected costs of remediation

of ground water contamination under paragraph (1)(C) shall be

based on a comprehensive assessment of the risk of such contamination and of the actions required to protect the ground water supplies

concerned.

(4) The standards for the report of liabilities of the Department

of Defense shall not apply to the cost estimates required by subsection (a)(1).

(c) INTERIM ASSESSMENT.—The report submitted to Congress

under section 2706(a) of title 10, United States Code, in 2002

shall include the assessment required by subsection (a) to the

extent that the information required to be provided as part of

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1053

the assessment is available. The Secretary shall include an explanation of any limitations on the information available or qualifications on the information provided.

(d) DEFINITIONS.—In this section, the terms ‘‘unexploded ordnance’’, ‘‘discarded military munitions’’, ‘‘munitions constituents’’, ‘‘operational range’’, and ‘‘defense site’’ have the meanings given

such terms in section 2710 of title 10, United States Code, as

added by section 311.

SEC. 314. CONFORMITY OF SURETY AUTHORITY UNDER ENVIRONMENTAL RESTORATION PROGRAM WITH SURETY

AUTHORITY UNDER CERCLA.

Section 2701(j)(1) of title 10, United States Code, is amended

by striking ‘‘, or after December 31, 1999’’.

SEC. 315. ELIMINATION OF ANNUAL REPORT ON CONTRACTOR

REIMBURSEMENT FOR COSTS OF ENVIRONMENTAL

RESPONSE ACTIONS.

(a) REPORT ELIMINATION.—Section 2706 of title 10, United

States Code, is amended—

(1) by striking subsection (c); and

(2) by redesignating subsections (d) and (e) as subsections

(c) and (d), respectively.

(b) CONFORMING AMENDMENTS.—Subsection (d) of such section,

as redesignated by subsection (a) of this section, is amended—

(1) by striking paragraphs (1) and (3); and

(2) by redesignating paragraphs (2), (4), and (5) as paragraphs (1), (2), and (3), respectively.

SEC. 316. PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION

REDUCTION INCENTIVES.

(a) EXTENSION.—Section 351(a)(2) of the National Defense

Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10

U.S.C. 2701 note) is amended by striking ‘‘September 30, 2001’’

and inserting ‘‘September 30, 2003’’. (b) REPORT REQUIRED.—(1) The Secretary of Defense shall prepare a report concerning the operation of the pilot program for

the sale of economic incentives for the reduction of emission of

air pollutants attributable to military facilities, as authorized by

section 351 of the National Defense Authorization Act for Fiscal

Year 1998 (Public Law 105–85; 10 U.S.C. 2701 note). The report

shall—

(A) detail all transactions that have been completed under

the pilot program, the dollar amount of each transaction, and

the number and type of air pollutants involved in each transaction;

(B) evaluate the extent to which retention of the proceeds

of sales under the pilot program, as required by subsection

(c) of such section, has provided incentives for such sales;

(C) evaluate the extent of any loss to the United States

Treasury associated with the pilot program; and

(D) evaluate the environmental impact of the pilot program.

(2) Not later than March 1, 2003, the Secretary shall submit

the report required by paragraph (1) to the Committee on Energy

and Commerce and the Committee on Armed Services of the House

of Representatives and the Committee on Environment and Public

Works and the Committee on Armed Services of the Senate.

Deadline.

10 USC 2701

note.

115 STAT. 1054 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 317. DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Defense should work to implement fuel efficiency

reforms that allow for investment decisions based on the true cost

of delivered fuel, strengthen the linkage between warfighting capability and fuel logistics requirements, provide high-level leadership

encouraging fuel efficiency, target fuel efficiency improvements

through science and technology investment, and include fuel efficiency in requirements and acquisition processes.

(b) ENERGY EFFICIENCY PROGRAM.—The Secretary shall carry

out a program to significantly improve the energy efficiency of

facilities of the Department of Defense through 2010. The Secretary

shall designate a senior official of the Department of Defense to

be responsible for managing the program for the Department and

a senior official of each military department to be responsible for

managing the program for such department.

(c) ENERGY EFFICIENCY GOALS.—The goal of the energy efficiency program shall be to achieve reductions in energy consumption

by facilities of the Department of Defense as follows:

(1) In the case of industrial and laboratory facilities, reductions in the average energy consumption per square foot of

such facilities, per unit of production or other applicable unit,

relative to energy consumption in 1990—

(A) by 20 percent by 2005; and

(B) by 25 percent by 2010.

(2) In the case of other facilities, reductions in average

energy consumption per gross square foot of such facilities,

relative to energy consumption per gross square foot in 1985—

(A) by 30 percent by 2005; and

(B) by 35 percent by 2010.

(d) STRATEGIES FOR IMPROVING ENERGY EFFICIENCY.—In order

to achieve the goals set forth in subsection (c), the Secretary shall,

to the maximum extent practicable—

(1) purchase energy-efficient products, as so designated

by the Environmental Protection Agency and the Department

of Energy, and other products that are energy-efficient;

(2) utilize energy savings performance contracts, utility

energy-efficiency service contracts, and other contracts designed

to achieve energy conservation;

(3) use life-cycle cost analysis, including assessment of

life-cycle energy costs, in making decisions about investments

in products, services, construction, and other projects;

(4) conduct energy efficiency audits for approximately 10

percent of all Department of Defense facilities each year;

(5) explore opportunities for energy efficiency in industrial

facilities for steam systems, boiler operation, air compressor

systems, industrial processes, and fuel switching; and

(6) retire inefficient equipment on an accelerated basis

where replacement results in lower life-cycle costs.

(e) REPORTING REQUIREMENTS.—Not later than January 1,

2002, and each January 1 thereafter through 2010, the Secretary

shall submit to the congressional defense committees the report

required to be prepared by the Secretary pursuant to section 303

of Executive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8251

note) regarding the progress made toward achieving the energy

efficiency goals of the Department of Defense.

Deadlines.

10 USC 2865

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1055

SEC. 318. PROCUREMENT OF ALTERNATIVE FUELED AND HYBRID

LIGHT DUTY TRUCKS.

(a) DEFENSE FLEETS NOT COVERED BY REQUIREMENT IN ENERGY

POLICY ACT OF 1992.—(1) The Secretary of Defense shall coordinate

with the Administrator of General Services to ensure that only

hybrid vehicles are procured by the Administrator for the Department of Defense fleet of light duty trucks that is not in a fleet

of vehicles to which section 303 of the Energy Policy Act of 1992

(42 U.S.C. 13212) applies.

(2) The Secretary, in consultation with the Administrator, may

waive the policy regarding the procurement of hybrid vehicles in

paragraph (1) to the extent that the Secretary determines

necessary—

(A) in the case of trucks that are exempt from the requirements of section 303 of the Energy Policy Act of 1992 for

national security reasons under subsection (b)(3)(E) of such

section, to meet specific requirements of the Department of

Defense for capabilities of light duty trucks;

(B) to procure vehicles consistent with the standards

applicable to the procurement of fleet vehicles for the Federal

Government; or

(C) to adjust to limitations on the commercial availability

of light duty trucks that are hybrid vehicles.

(3) This subsection applies with respect to procurements of

light duty trucks in fiscal year 2005 and subsequent fiscal years.

(b) REQUIREMENT TO EXCEED REQUIREMENT IN ENERGY POLICY

ACT OF 1992.—(1) The Secretary of Defense shall coordinate with

the Administrator of General Services to ensure that, of the light

duty trucks procured in fiscal years after fiscal year 2004 for the

fleets of light duty vehicles of the Department of Defense to which

section 303 of the Energy Policy Act of 1992 applies—

(A) five percent of the total number of such trucks that

are procured in each of fiscal years 2005 and 2006 are alternative fueled vehicles or hybrid vehicles; and

(B) ten percent of the total number of such trucks that

are procured in each fiscal year after fiscal year 2006 are

alternative fueled vehicles or hybrid vehicles.

(2) Light duty trucks acquired for the Department of Defense

that are counted to comply with section 303 of the Energy Policy

Act of 1992 for a fiscal year shall be counted to determine the

total number of light duty trucks procured for the Department

of Defense for that fiscal year for the purposes of paragraph (1),

but shall not be counted to satisfy the requirement in that paragraph.

(c) REPORT ON PLANS FOR IMPLEMENTATION.—At the same time

that the President submits the budget for fiscal year 2003 to Congress under section 1105(a) of title 31, United States Code, the

Secretary shall submit to Congress a report summarizing the plans

for carrying out subsections (a) and (b).

(d) DEFINITIONS.—In this section:

(1) The term ‘‘hybrid vehicle’’ means a motor vehicle that

draws propulsion energy from onboard sources of stored energy

that are both—

(A) an internal combustion or heat engine using

combustible fuel; and

(B) a rechargeable energy storage system.

Applicability.

10 USC 2302

note.

115 STAT. 1056 PUBLIC LAW 107–107—DEC. 28, 2001

(2) The term ‘‘alternative fueled vehicle’’ has the meaning

given that term in section 301 of the Energy Policy Act of

1992 (42 U.S.C. 13211).

SEC. 319. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION

AGENCY FOR CERTAIN RESPONSE COSTS IN CONNECTION

WITH HOOPER SANDS SITE, SOUTH BERWICK, MAINE.

(a) AUTHORITY TO REIMBURSE.—Using amounts specified in subsection (c), the Secretary of the Navy may pay $1,005,478 to

the Hooper Sands Special Account within the Hazardous Substance

Superfund established by section 9507 of the Internal Revenue

Code of 1986 to reimburse the Environmental Protection Agency

for the response costs incurred by the Environmental Protection

Agency for actions taken between May 12, 1992, and July 31,

2000, pursuant to the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.)

at the Hooper Sands site in South Berwick, Maine, in accordance

with the interagency agreement entered into by the Department

of the Navy and the Environmental Protection Agency in January

2001.

(b) TREATMENT OF REIMBURSEMENT.—Payment of the amount

authorized by subsection (a) shall be in full satisfaction of amounts

due from the Department of the Navy to the Environmental Protection Agency for the response costs described in that subsection.

(c) SOURCE OF FUNDS.—Payment under subsection (a) shall

be made using amounts authorized to be appropriated by section

301(a)(15) to the Environmental Restoration Account, Navy, established by section 2703(a)(3) of title 10, United States Code.

SEC. 320. RIVER MITIGATION STUDIES.

(a) PORT OF ORANGE, SABINE RIVER.—The Secretary of Defense

may conduct a study regarding protruding structures and submerged objects remaining from the World War II Navy ship building

industry located at the former Navy installation in Orange, Texas,

which create navigational hazards along the Sabine River and surrounding the Port of Orange.

(b) PHILADELPHIA NAVAL SHIPYARD, DELAWARE RIVER.—The

Secretary of Defense may conduct a study regarding floating and

partially submerged debris possibly relating to the Philadelphia

Naval Shipyard in that portion of the Delaware River from Philadelphia, Pennsylvania, to the mouth of the river which create navigational hazards along the river.

(c) USE OF EXISTING INFORMATION.—In conducting a study

authorized by this section, the Secretary of Defense shall take

into account any information available from other studies conducted

in connection with the same navigation channels.

(d) CONSULTATION.—The Secretary of Defense shall conduct

the studies authorized by this section in consultation with appropriate State and local government entities and Federal agencies.

(e) REPORT ON STUDY RESULTS.—Not later than April 30, 2002,

the Secretary of Defense shall submit to the Committee on Armed

Services of the House of Representatives and the Committee on

Armed Services of the Senate a report that—

(1) summarizes the results of each study conducted under

this section; and

(2) contains an evaluation by the Secretary of the extent

to which the navigational hazards identified in each study

are the result of Department of Defense activities.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1057

(f) COST SHARING.—Nothing in this section is intended to

require non-Federal cost sharing of the costs incurred by the Secretary of Defense to conduct a study authorized by this section.

(g) RELATION TO OTHER LAWS AND AGREEMENTS.—This section

is not intended to modify any authorities provided to the Secretary

of the Army by the Water Resources Development Act of 1986

(33 U.S.C. 2201 et seq.), nor is it intended to modify any nonFederal cost-sharing responsibilities outlined in any local cooperation agreements.

Subtitle C—Commissaries and

Nonappropriated Fund Instrumentalities

SEC. 331. COMMISSARY BENEFITS FOR NEW MEMBERS OF THE READY

RESERVE.

(a) ELIGIBILITY.—Section 1063 of title 10, United States Code,

is amended—

(1) by redesignating subsections (b) and (c) as subsections

(c) and (d), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) ELIGIBILITY OF NEW MEMBERS.—(1) The Secretary concerned shall authorize a new member of the Ready Reserve to

use commissary stores of the Department of Defense for a number

of days accruing at the rate of two days for each month in which

the member participates satisfactorily in training required under

section 10147(a)(1) of this title or section 502(a) of title 32, as

the case may be. ‘‘(2) For the purposes of paragraph (1), a person shall be considered a new member of the Ready Reserve upon becoming a member

and continuing without a break in the membership until the earlier

of— ‘‘(A) the date on which the member becomes eligible to

use commissary stores under subsection (a); or

‘‘(B) December 31 of the first calendar year in which the

membership has been continuous for the entire year.

‘‘(3) A new member may not be authorized under this subsection

to use commissary stores for more than 24 days for any calendar

year.’’.

(b) REQUIRED DOCUMENTATION.—Subsection (d) of such section,

as redesignated by subsection (a)(1), is amended by adding at the

end the following new sentence: ‘‘The regulations shall specify the

required documentation of satisfactory participation in training for

the purposes of subsection (b).’’.

(c) CONFORMING AMENDMENT.—Subsection (c) of such section,

as redesignated by subsection (a)(1), is amended by striking ‘‘Subsection (a)’’ and inserting ‘‘Subsections (a) and (b)’’.

(d) CLERICAL AMENDMENTS.—(1) The heading for such section

is amended to read as follows:

‘‘§ 1063. Use of commissary stores: members of Ready

Reserve’’.

(2) Subsection (a) of such section is amended by striking ‘‘OF

READY RESERVE’’ and inserting ‘‘WITH 50 OR MORE CREDITABLE

POINTS’’.

115 STAT. 1058 PUBLIC LAW 107–107—DEC. 28, 2001

(3) The item relating to such section in the table of sections

at the beginning of chapter 54 of title 10, United States Code,

is amended to read as follows:

‘‘1063. Use of commissary stores: members of Ready Reserve.’’.

SEC. 332. REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY

MILITARY DEPARTMENTS FOR PURPOSES OTHER THAN

COMMISSARY SALES.

(a) REQUIREMENT.—Chapter 147 of title 10, United States Code,

is amended by inserting after section 2482a the following new

section:

‘‘§ 2483. Commissary stores: reimbursement for use of commissary facilities by military departments

‘‘(a) PAYMENT REQUIRED.—The Secretary of a military department shall pay the Defense Commissary Agency the amount determined under subsection (b) for any use of a commissary facility

by the military department for a purpose other than commissary

sales or operations in support of commissary sales. ‘‘(b) AMOUNT.—The amount payable under subsection (a) for

use of a commissary facility by a military department shall be

equal to the share of depreciation of the facility that is attributable

to that use, as determined under regulations prescribed by the

Secretary of Defense. ‘‘(c) COVERED FACILITIES.—This section applies with respect

to a commissary facility that is acquired, constructed, converted,

expanded, installed, or otherwise improved (in whole or in part)

with the proceeds of an adjustment or surcharge applied under

section 2486(c) of this title. ‘‘(d) CREDITING OF PAYMENTS.—The Director of the Defense

Commissary Agency shall credit amounts paid under this section

for use of a facility to an appropriate account to which proceeds

of an adjustment or surcharge referred to in subsection (c) are

credited.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 2482a the following new item:

‘‘2483. Commissary stores: reimbursement for use of commissary facilities by military departments.’’.

SEC. 333. PUBLIC RELEASES OF COMMERCIALLY VALUABLE

INFORMATION OF COMMISSARY STORES.

(a) LIMITATIONS AND AUTHORITY.—Section 2487 of title 10,

United States Code, is amended to read as follows:

‘‘§ 2487. Commissary stores: release of certain commercially

valuable information to the public

‘‘(a) AUTHORITY TO LIMIT RELEASE.—(1) The Secretary of

Defense may limit the release to the public of any information

described in paragraph (2) if the Secretary determines that it is

in the best interest of the Department of Defense to limit the

release of such information. If the Secretary determines to limit

the release of any such information, the Secretary may provide

for limited release of such information in accordance with subsection

(b).

‘‘(2) Paragraph (1) applies to the following:

‘‘(A) Information contained in the computerized business

systems of commissary stores or the Defense Commissary

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1059

Agency that is collected through or in connection with the

use of electronic scanners in commissary stores, including the

following information: ‘‘(i) Data relating to sales of goods or services.

‘‘(ii) Demographic information on customers.

‘‘(iii) Any other information pertaining to commissary

transactions and operations.

‘‘(B) Business programs, systems, and applications

(including software) relating to commissary operations that

were developed with funding derived from commissary surcharges.

‘‘(b) RELEASE AUTHORITY.—(1) The Secretary of Defense may,

using competitive procedures, enter into a contract to sell information described in subsection (a)(2). ‘‘(2) The Secretary of Defense may release, without charge,

information on an item sold in commissary stores to the manufacturer or producer of that item or an agent of the manufacturer

or producer. ‘‘(3) The Secretary of Defense may, by contract entered into

with a business, grant to the business a license to use business

programs referred to in subsection (a)(2)(B), including software

used in or comprising any such program. The fee charged for

the license shall be based on the costs of similar programs developed

and marketed by businesses in the private sector, determined by

means of surveys. ‘‘(4) Each contract entered into under this subsection shall

specify the amount to be paid for information released or a license

granted under the contract, as the case may be.

‘‘(c) FORM OF RELEASE.—Information described in subsection

(a)(2) may not be released, under subsection (b) or otherwise, in

a form that identifies any customer or that provides information

making it possible to identify any customer.

‘‘(d) RECEIPTS.—Amounts received by the Secretary under this

section shall be credited to funds derived from commissary surcharges, shall be merged with those funds, and shall be available

for the same purposes as the funds with which merged.

‘‘(e) DEFINITION.—In this section, the term ‘commissary surcharge’ means any adjustment or surcharge applied under section

2486(c) of this title.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 147 of title 10, United States Code, is amended

by striking the item relating to section 2487 and inserting the

following new item:

‘‘2487. Commissary stores: release of certain commercially valuable information to

the public.’’.

SEC. 334. REBATE AGREEMENTS WITH PRODUCERS OF FOODS PROVIDED UNDER SPECIAL SUPPLEMENTAL FOOD PROGRAM.

Section 1060a of title 10, United States Code, is amended—

(1) by redesignating subsections (e) and (f) as subsections

(f) and (g), respectively; and

(2) by inserting after subsection (d) the following new subsection:

‘‘(e) REBATE AGREEMENTS WITH FOOD PRODUCERS.—(1) In the

administration of the program under this section, the Secretary

of Defense may enter into a contract with a producer of a particular

brand of food that provides for—

115 STAT. 1060 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(A) the Secretary of Defense to procure that particular

brand of food, exclusive of other brands of the same or similar

food, for the purpose of providing the food in commissary stores

of the Department of Defense as a supplemental food under

the program; and ‘‘(B) the producer to rebate to the Secretary amounts equal

to agreed portions of the amounts paid by the Secretary for

the procurement of that particular brand of food for the program.

‘‘(2) The Secretary of Defense shall use competitive procedures

under chapter 137 of this title to enter into contracts under this

subsection. ‘‘(3) The period covered by a contract entered into under this

subsection may not exceed one year. No such contract may be

extended by a modification of the contract, by exercise of an option,

or by any other means. Nothing in this paragraph prohibits a

contractor under a contract entered into under this subsection for

any year from submitting an offer for, and being awarded, a contract

that is to be entered into under this subsection for a successive

year.‘‘(4) Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in

which rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period

as the other sums in the appropriation.’’.

SEC. 335. CIVIL RECOVERY FOR NONAPPROPRIATED FUND INSTRUMENTALITY COSTS RELATED TO SHOPLIFTING.

Section 3701(b)(1)(B) of title 31, United States Code, is amended

by inserting before the comma at the end the following: ‘‘, including

actual and administrative costs related to shoplifting, theft detection, and theft prevention’’.

Subtitle D—Workforce and Depot Issues

SEC. 341. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.

Section 2466 of title 10, United States Code, is amended— (1) by striking subsection (c); and

(2) by inserting after subsection (a) the following new subsections:

‘‘(b) WAIVER OF LIMITATION.—The Secretary of Defense may

waive the limitation in subsection (a) for a fiscal year if—

‘‘(1) the Secretary determines that the waiver is necessary

for reasons of national security; and

‘‘(2) the Secretary submits to Congress a notification of

the waiver together with the reasons for the waiver.

‘‘(c) PROHIBITION ON DELEGATION OF WAIVER AUTHORITY.—The

authority to grant a waiver under subsection (b) may not be delegated.’’.

SEC. 342. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION

ON PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL

MAINTENANCE.

Section 2474 of title 10, United States Code, is amended—

(1) by redesignating subsection (f) as subsection (g); and

Notification.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1061

(2) by inserting after subsection (e) the following new subsection (f):

‘‘(f) EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE

LIMITATION.—(1) Amounts expended out of funds described in paragraph (2) for the performance of a depot-level maintenance and

repair workload by non-Federal Government personnel at a Center

of Industrial and Technical Excellence shall not be counted for

purposes of applying the percentage limitation in section 2466(a)

of this title if the personnel are provided by private industry or

other entities outside the Department of Defense pursuant to a

public-private partnership.

‘‘(2) The funds referred to in paragraph (1) are funds available

to the military departments and Defense Agencies for depot-level

maintenance and repair workloads for fiscal years 2002 through

2005.

‘‘(3) All funds covered by paragraph (1) shall be included as

a separate item in the reports required under paragraphs (1),

(2), and (3) of section 2466(e) of this title.’’.

SEC. 343. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES MANUFACTURED OR PERFORMED BY WORKING-CAPITAL FUNDED INDUSTRIAL FACILITIES OF THE DEPARTMENT OF DEFENSE.

(a) GENERAL RULE.—Section 2563(c) of title 10, United States

Code, is amended—

(1) in paragraph (1)(B), by striking ‘‘in any case of willful

misconduct or gross negligence’’ and inserting ‘‘as provided

in paragraph (3)’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) Paragraph (1)(B) does not apply in any case of willful

misconduct or gross negligence or in the case of a claim by a

purchaser of articles or services under this section that damages

or injury arose from the failure of the Government to comply with

quality, schedule, or cost performance requirements in the contract

to provide the articles or services.’’.

(b) CONFORMING AMENDMENT.—Section 2474(e)(2)(B)(i) of such

title is amended by striking ‘‘in a case of willful conduct or gross

negligence’’ and inserting ‘‘under the circumstances described in

section 2563(c)(3) of this title’’.

SEC. 344. REVISION OF DEADLINE FOR ANNUAL REPORT ON COMMERCIAL AND INDUSTRIAL ACTIVITIES.

Section 2461(g) of title 10, United States Code, is amended

by striking ‘‘February 1’’ and inserting ‘‘June 30’’.

SEC. 345. PILOT MANPOWER REPORTING SYSTEM IN DEPARTMENT OF

THE ARMY.

(a) ANNUAL REPORTING REQUIREMENT.—Not later than March

1 of each of the fiscal years 2002 through 2004, the Secretary

of the Army shall submit to Congress a report describing the use

during the previous fiscal year of non-Federal entities to provide

services to the Department of the Army.

(b) CONTENT OF REPORT.—Using information available from

existing data collection and reporting systems available to the

Department of the Army and the non-Federal entities referred

to in subsection (a), the report shall—

Deadline.

10 USC 2461

note.

115 STAT. 1062 PUBLIC LAW 107–107—DEC. 28, 2001

(1) specify the number of work year equivalents performed

by individuals employed by non-Federal entities in providing

services to the Department;

(2) categorize the information by Federal supply class or

service code; and

(3) indicate the appropriation from which the services were

funded and the major organizational element of the Department

procuring the services.

(c) LIMITATION ON REQUIREMENT FOR NON-FEDERAL ENTITIES

TO PROVIDE INFORMATION.—For the purposes of meeting the

requirements set forth in subsection (b), the Secretary of the Army

may not require the provision of information beyond the information

that is currently provided to the Department of the Army by the

non-Federal entities referred to in subsection (a), except for the

number of work year equivalents associated with Department of

the Army contracts, identified by contract number, to the extent

this information is available to the contractor from existing data

collection systems.

(d) REPEAL OF OBSOLETE REPORTING REQUIREMENT.—Section

343 of the National Defense Authorization Act for Fiscal Year

2000 (Public Law 106–65; 113 Stat. 569) is repealed.

SEC. 346. DEVELOPMENT OF ARMY WORKLOAD AND PERFORMANCE

SYSTEM AND WHOLESALE LOGISTICS MODERNIZATION

PROGRAM.

(a) RELATIONSHIP BETWEEN SYSTEMS.—(1) The Army Workload

and Performance System, including all applications in the master

plan submitted to Congress on June 8, 2001, and any revisions

to the master plan, shall be developed in such a manner that

its functionality and identity are in compliance with all statutory

requirements. The Army Workload and Performance System shall

continue as a standard Army-wide manpower system under the

supervision and management of the Secretary of the Army.

(2) The requirement in paragraph (1) is intended to encourage

the sharing of data between the Army Workload and Performance

System and the Wholesale Logistics Modernization Program and

the development of the processes necessary to permit or enhance

such data sharing.

(b) ANNUAL PROGRESS REPORTS.—(1) Not later than February

1 of each year, the Secretary of the Army shall submit to Congress

a progress report on the implementation of the master plan for

the Army Workload and Performance System during the preceding

year. The report shall specifically address any changes made to

the master plan since the previous report.

(2) The reporting requirement shall terminate when the Secretary certifies to Congress that the Army Workload and Performance System is fully implemented.

(c) GAO EVALUATION.—Not later than 60 days after the Secretary of the Army submits to Congress a progress report under

subsection (b), the Comptroller General shall submit to Congress

an evaluation of the report.

(d) ARMY WORKLOAD AND PERFORMANCE SYSTEM DEFINED.—

The term ‘‘Army Workload and Performance System’’ includes all

applications in the master plan for the System submitted to Congress on June 8, 2001, and any revision of such master plan.

Deadline.

Termination

date.

Certification.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1063

Subtitle E—Defense Dependents Education

SEC. 351. 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 2002.—Of the amount authorized to be appropriated

pursuant to section 301(a)(5) for operation and maintenance for

Defense-wide activities—

(1) $30,000,000 shall be available only for the purpose

of providing educational agencies assistance to local educational

agencies; and

(2) $1,000,000 shall be available only for the purpose of

making payments to local educational agencies to assist such

agencies in adjusting to reductions in the number of military

dependent students as a result of the closure or realignment

of military installations, as provided in section 386(d) of the

National Defense Authorization Act for Fiscal Year 1993 (Public

Law 102–484; 20 U.S.C. 7703 note).

(b) NOTIFICATION.—Not later than June 30, 2002, the Secretary

of Defense shall notify each local educational agency that is eligible

for assistance or a payment under subsection (a) for fiscal year

2002 of—

(1) that agency’s eligibility for the assistance or payment;

and

(2) the amount of the assistance or payment for which

that agency is eligible.

(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall

disburse funds made available under subsection (a) not later than

30 days after the date on which notification 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 Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated pursuant to section 301(a)(5) for operation and maintenance for Defense-wide

activities, $5,000,000 shall be available for payments under section

363 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–77; 20 U.S.C. 7703a).

SEC. 353. AVAILABILITY OF AUXILIARY SERVICES OF DEFENSE

DEPENDENTS’ EDUCATION SYSTEM FOR DEPENDENTS

WHO ARE HOME SCHOOL STUDENTS.

Section 1407 of the Defense Dependents’ Education Act of 1978

(20 U.S.C. 926) is amended—

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection:

37 USC 429.

Deadline.

115 STAT. 1064 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(d) AUXILIARY SERVICES AVAILABLE TO HOME SCHOOL STUDENTS.—(1) A dependent who is educated in a home school setting,

but who is eligible to enroll in a school of the defense dependents’

education system, shall be permitted to use or receive auxiliary

services of that school without being required to either enroll in

that school or register for a minimum number of courses offered

by that school. The dependent may be required to satisfy other

eligibility requirements and comply with standards of conduct

applicable to students actually enrolled in that school who use

or receive the same auxiliary services.

‘‘(2) For purposes of paragraph (1), the term ‘auxiliary services’

includes use of academic resources, access to the library of the

school, after hours use of school facilities, and participation in

music, sports, and other extracurricular and interscholastic activities.’’.

SEC. 354. COMPTROLLER GENERAL STUDY OF ADEQUACY OF COMPENSATION PROVIDED FOR TEACHERS IN THE DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS’ SCHOOLS.

(a) GAO STUDY REQUIRED.—The Comptroller General shall

carry out a study of the adequacy of the pay and other elements

of the compensation provided for teachers in the defense dependents’

education system established under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.).

(b) SPECIFIC CONSIDERATIONS.—In carrying out the study, the

Comptroller General shall consider the following issues:

(1) Whether the compensation is adequate for recruiting

and retaining high quality teachers.

(2) Whether any revision of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901

et seq.) or the regulations under that Act is advisable to address

any problems identified with respect to the recruitment and

retention of high quality teachers or for other purposes.

(c) REPORT.—Not later than May 1, 2002, the Comptroller General shall submit to Congress a report containing the results of

the study, including— (1) the Comptroller General’s conclusions on the issues

considered; and

(2) any recommendations for actions that the Comptroller

General considers appropriate.

Subtitle F—Other Matters

SEC. 361. AVAILABILITY OF EXCESS DEFENSE PERSONAL PROPERTY

TO SUPPORT DEPARTMENT OF VETERANS AFFAIRS INITIATIVE TO ASSIST HOMELESS VETERANS.

(a) TRANSFER AUTHORITY.—Subsection (a) of section 2557 of

title 10, United States Code, is amended—

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Secretary’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The Secretary of Defense may make excess clothing, shoes,

sleeping bags, and related nonlethal excess supplies available to

the Secretary of Veterans Affairs for distribution to homeless veterans and programs assisting homeless veterans. The transfer of

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1065

nonlethal excess supplies to the Secretary of Veterans Affairs under

this paragraph shall be without reimbursement.’’. (b) CLERICAL AMENDMENTS.—(1) The heading of such section

is amended to read as follows:

‘‘§ 2557. Excess nonlethal supplies: availability for homeless

veteran initiatives and humanitarian relief’’.

(2) The table of sections at the beginning of chapter 152 of

such title is amended by striking the item relating to section 2557

and inserting the following new item:

‘‘2557. Excess nonlethal supplies: availability for homeless veteran initiatives and

humanitarian relief.’’.

SEC. 362. INCREMENTAL IMPLEMENTATION OF NAVY-MARINE CORPS

INTRANET CONTRACT.

(a) ADDITIONAL PHASE-IN AUTHORITY.—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) is amended— (1) by redesignating subsections (c), (d), (e), and (f) as

subsections (f), (g), (h), and (i), respectively; and

(2) by inserting after subsection (b) the following new subsections:

‘‘(c) ADDITIONAL PHASE-IN AUTHORITY PENDING SECOND JOINT

CERTIFICATION.—(1)(A) Notwithstanding subsection (b)(3), the Secretary of the Navy may order additional work stations under the

Navy-Marine Corps Intranet contract in excess of the number provided in the first increment of the contract under subsection (b)(2),

but not to exceed an additional 100,000 work stations. The authority

of the Secretary of the Navy to order additional work stations

under this paragraph is subject to approval by both the Under

Secretary of Defense for Acquisition, Technology, and Logistics and

the Chief Information Officer of the Department of Defense.

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the

Department of Defense may not grant approval to the Secretary

of the Navy to order additional work stations under subparagraph

(A) until a three-phase customer test and evaluation, observed

by the Department of Defense, is completed for a statistically significant representative sample of the work stations operating on the

Navy-Marine Corps Intranet. The test and evaluation shall include

end user testing of day-to-day operations (including e-mail capability

and performance), scenario-driven events, and scenario-based interoperability testing.

‘‘(2)(A) Notwithstanding subsection (b)(3), the Secretary of the

Navy may order additional work stations under the Navy-Marine

Corps Intranet contract in excess of the number provided in the

first increment of the contract under subsection (b)(2) and the

number ordered under the authority of paragraph (1), but not

to exceed an additional 150,000 work stations. The authority of

the Secretary of the Navy to order additional work stations under

this paragraph is also subject to approval by both the Under Secretary of Defense for Acquisition, Technology, and Logistics and

the Chief Information Officer of the Department of Defense.

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the

Department of Defense may not grant approval to the Secretary

115 STAT. 1066 PUBLIC LAW 107–107—DEC. 28, 2001

of the Navy to order additional work stations under subparagraph

(A) until each of the following occurs:

‘‘(i) There has been a full transition of not less than 20,000

work stations to the Navy-Marine Corps Intranet.

‘‘(ii) The work stations referred to in clause (i) have met

applicable service-level agreements specified in the NavyMarine Corps Intranet contract, as determined by contractor

performance measurement under oversight by the Department

of the Navy.

‘‘(iii) The Chief Information Officer of the Navy certifies

to the Secretary of the Navy and the Chief Information Officer

of the Department of Defense that the results of the performance evaluation referred to in clause (ii) are acceptable.

‘‘(3) Of the work stations ordered under the authority provided

by paragraph (2), not more than 50 percent may reach the major

milestone known as ‘assumption of responsibility’ until each of

the following occurs:

‘‘(A) All work stations for the headquarters of the Naval

Air Systems Command have met applicable service-level agreements specified in the Navy-Marine Corps Intranet contract,

as determined by contractor performance measurement under

oversight by the Department of the Navy.

‘‘(B) The Chief Information Officer of the Navy certifies

to the Secretary of the Navy and the Chief Information Officer

of the Department of Defense that the results of the performance evaluation referred to in subparagraph (B) are acceptable.

‘‘(4) For the purposes of this section, when the information

infrastructure and systems of a user of a work station are transferred into Navy-Marine Corps Intranet infrastructure and systems

under the Navy-Marine Corps Intranet contract consistent with

the applicable service-level agreements specified in the NavyMarine Corps Intranet contract, the work station shall be considered

as having been provided for the Navy-Marine Corps Intranet.

‘‘(d) REPORTING AND REVIEW REQUIREMENTS.—(1) If work stations are ordered using the authority provided by paragraph (1)

or (2) of subsection (c), the Secretary of the Navy shall submit

to Congress a report, current as of the date the determination

is made to order the work stations, on the following:

‘‘(A) The number of work stations operating on the NavyMarine Corps Intranet, including the number of work stations

regarding which assumption of responsibility has occurred.

‘‘(B) The status of testing and implementation of the NavyMarine Corps Intranet program.

‘‘(C) The number of work stations to be ordered under

paragraph (1) or (2) of subsection (c), whichever applies.

‘‘(2) A report containing the information required by paragraph

(1) shall also be submitted to Congress when the requirements

of paragraph (3) of subsection (c) are satisfied and additional work

stations under the Navy-Marine Corps Intranet contract are authorized to reach assumption of responsibility.

‘‘(3) The Comptroller General shall conduct a review of the

impact that participation in the Navy-Marine Corps Intranet program has on information technology costs of working capital funded

industrial facilities of the Department of the Navy and submit

the results of the review to Congress.’’.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1067

(b) NAVY-MARINE CORPS INTRANET MANAGER.—Such section

is further amended by inserting after subsection (d), as added

by subsection (a)(2) of this section, the following new subsection: ‘‘(e) ASSIGNMENT OF NAVY-MARINE CORPS INTRANET MAN- AGER.—The Secretary of the Navy shall assign an employee of

the Department of the Navy to the Navy-Marine Corps Intranet

program whose sole responsibility will be to oversee and direct

the program. The employee so assigned may not also be the program

executive officer.’’. (c) DEFINITIONS.—Subsection (i) of such section, as redesignated

by subsection (a)(1) of this section, is amended— (1) by striking ‘‘NAVY-MARINE CORPS INTRANET CONTRACT

DEFINED.—’’ and inserting ‘‘DEFINITIONS.—(1)’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) In this section, the term ‘assumption of responsibility’, with respect to a work station, means the point at which

the contractor team under the Navy-Marine Corps Intranet

contract assumes operational control of, and responsibility for,

the existing information infrastructure and systems of a work

station, in order to prepare for ultimate transition of the work

station to the Navy-Marine Corps Intranet.’’.

SEC. 363. COMPTROLLER GENERAL STUDY AND REPORT OF

NATIONAL GUARD DISTRIBUTIVE TRAINING TECHNOLOGY

PROJECT.

(a) STUDY REQUIRED.—The Comptroller General of the United

States shall conduct a study of the Distributive Training Technology

Project of the National Guard. The study shall examine—

(1) current requirements of the National Guard for interconnection of networks of the Distributive Training Technology

Project with other networks, including networks of the Federal

Emergency Management Agency and other Federal, State, and

local emergency preparedness and response agencies; and

(2) future requirements of the National Guard for interconnection of networks of the Project with other networks,

including those Federal and State agencies having disaster

response functions.

(b) ELEMENTS OF STUDY.—For both the current requirements

identified under subsection (a)(1) and future requirements identified

under subsection (a)(2), the study shall examine the following:

(1) Appropriate connections between the Project and other

networks.

(2) Means of protecting the Project from outside intrusion.

(3) Impediments to interconnectivity, including the extent

to which national security concerns affect interconnectivity and

the technological capability of the Department of Defense to

impede interconnectivity, as well as other concerns or limitations that affect interconnectivity.

(4) Means of improving interconnectivity.

(c) REPORT.—Not later than 270 days after the date of the

enactment of this Act, the Comptroller General 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

the study conducted under subsection (a). The report shall describe

the results of the study and shall include any recommendations

that the Comptroller General considers appropriate in light of the

study.

Deadline.

115 STAT. 1068 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 364. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY

PILOT PROGRAM.

(a) EXTENSION OF AUTHORITY.—Subsection (f) of section 391

of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105–85; 10 U.S.C. 2304 note) is amended by striking

‘‘September 30, 2000’’ and inserting ‘‘September 30, 2003’’.

(b) REPORTING REQUIREMENTS.—Subsection (g) of such section

is amended—

(1) in paragraph (1), by striking ‘‘January 1, 2001’’ and

inserting ‘‘January 1, 2003’’; and

(2) in paragraph (2), by striking ‘‘March 1, 2001’’ and

inserting ‘‘March 1, 2003’’.

SEC. 365. EVALUATION OF CURRENT DEMONSTRATION PROGRAMS TO

IMPROVE QUALITY OF PERSONAL PROPERTY SHIPMENTS

OF MEMBERS.

(a) COMPLETION OF EVALUATION; REPORT.—Not later than

March 31, 2002, the Secretary of Defense shall complete the ongoing

evaluation of all test programs regarding the transportation of

household goods for members of the Armed Forces and submit

to Congress a report containing the results of such evaluation.

(b) CONTENTS OF REPORT.—The report shall include—

(1) the results of each test program evaluated, including

whether the test program satisfied the goals for the movement

of such household goods (as contained in the General

Accounting Report NSIAD 97–49) and whether current business

processes and information technology capabilities require

upgrading or other changes to improve the transportation of

such household goods; and

(2) recommendations for policy improvements for military

household moves worldwide, including an estimate of the cost

to implement each recommendation.

SEC. 366. SENSE OF CONGRESS REGARDING SECURITY TO BE PROVIDED AT 2002 WINTER OLYMPIC GAMES.

It is the sense of Congress that the Secretary of Defense,

upon receipt of the certification of the Attorney General required

by section 2564(a) of title 10, United States Code, should authorize

the provision of assistance in support of essential security and

safety at the 2002 Winter Olympic Games to be held in Salt Lake

City, Utah, and other locations in the State of Utah.

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. Increase in senior enlisted active duty grade limit for Navy, Marine

Corps, and Air Force.

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 2002 limitation on non-dual status technicians.

Sec. 415. Limitations on numbers of reserve personnel serving on active duty or

full-time National Guard duty in certain grades for administration of reserve components.

Deadline.

10 USC 2304

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1069

Subtitle C—Other Matters Relating to Personnel Strengths

Sec. 421. Administration of end strengths.

Sec. 422. Active duty end strength exemption for National Guard and reserve personnel performing funeral honors functions.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

Subtitle A—Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

The Armed Forces are authorized strengths for active duty

personnel as of September 30, 2002, as follows:

(1) The Army, 480,000.

(2) The Navy, 376,000.

(3) The Marine Corps, 172,600.

(4) The Air Force, 358,800.

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM

LEVELS.

Section 691(b) of title 10, United States Code, is amended— (1) in paragraph (2), by striking ‘‘372,000’’ and inserting ‘‘376,000’’; and

(2) in paragraph (4), by striking ‘‘357,000’’ and inserting ‘‘358,800’’.

SEC. 403. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT

FOR NAVY, MARINE CORPS, AND AIR FORCE.

Section 517(a) of title 10, United States Code, is amended

by striking ‘‘2 percent (or, in the case of the Army, 2.5 percent)’’

and inserting ‘‘2.5 percent’’.

Subtitle B—Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

(a) IN GENERAL.—The Armed Forces are authorized strengths

for Selected Reserve personnel of the reserve components as of

September 30, 2002, as follows:

(1) The Army National Guard of the United States, 350,000.

(2) The Army Reserve, 205,000.

(3) The Naval Reserve, 87,000.

(4) The Marine Corps Reserve, 39,558.

(5) The Air National Guard of the United States, 108,400.

(6) The Air Force Reserve, 74,700.

(7) The Coast Guard Reserve, 8,000.

(b) ADJUSTMENTS.—The end strengths prescribed by subsection

(a) for the Selected Reserve of any reserve component shall be

proportionately reduced by—

(1) the total authorized strength of units organized to serve

as units of the Selected Reserve of such component which

are on active duty (other than for training) at the end of

the fiscal year; and

(2) the total number of individual members not in units

organized to serve as units of the Selected Reserve of such

component who are on active duty (other than for training

or for unsatisfactory participation in training) without their

consent at the end of the fiscal year.

10 USC 12001

note.

10 USC 115 note.

115 STAT. 1070 PUBLIC LAW 107–107—DEC. 28, 2001

Whenever such units or such individual members are released

from active duty during any fiscal year, the end strength prescribed

for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized

strengths of such units and by the total number of such individual

members.

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES.

Within the end strengths prescribed in section 411(a), the

reserve components of the Armed Forces are authorized, as of

September 30, 2002, the following number of Reserves to be serving

on full-time active duty or full-time duty, in the case of members

of the National Guard, for the purpose of organizing, administering,

recruiting, instructing, or training the reserve components:

(1) The Army National Guard of the United States, 23,698.

(2) The Army Reserve, 13,406.

(3) The Naval Reserve, 14,811.

(4) The Marine Corps Reserve, 2,261.

(5) The Air National Guard of the United States, 11,591.

(6) The Air Force Reserve, 1,437.

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL

STATUS).

The minimum number of military technicians (dual status)

as of the last day of fiscal year 2002 for the reserve components

of the Army and the Air Force (notwithstanding section 129 of

title 10, United States Code) shall be the following:

(1) For the Army Reserve, 6,249.

(2) For the Army National Guard of the United States,

23,615.

(3) For the Air Force Reserve, 9,818.

(4) For the Air National Guard of the United States, 22,422.

SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STATUS

TECHNICIANS.

(a) LIMITATION.—The number of non-dual status technicians

employed by the reserve components of the Army and the Air

Force as of September 30, 2002, may not exceed the following:

(1) For the Army Reserve, 1,095.

(2) For the Army National Guard of the United States,

1,600.

(3) For the Air Force Reserve, 90.

(4) For the Air National Guard of the United States, 350.

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section,

the term ‘‘non-dual status technician’’ has the meaning given that

term in section 10217(a) of title 10, United States Code.

SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL

SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL

GUARD DUTY IN CERTAIN GRADES FOR ADMINISTRATION

OF RESERVE COMPONENTS.

(a) OFFICERS.—The text of section 12011 of title 10, United

States Code, is amended to read as follows:

‘‘(a) LIMITATIONS.—(1) Of the total number of members of a

reserve component who are serving on full-time reserve component

duty at the end of any fiscal year, the number of those members

who may be serving in each of the grades of major, lieutenant

10 USC 115 note.

10 USC 12001

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1071

colonel, and colonel may not, as of the end of that fiscal year,

exceed the number determined in accordance with the following

table:

‘‘Total number of members

of a reserve component

serving on full-time reserve component duty:

Number of officers of that reserve component who may be serving

in the grade of:

Major Lieutenant Colonel Colonel

Army Reserve:

10,000 ........................... 1,390 740 230

11,000 ........................... 1,529 803 242

12,000 ........................... 1,668 864 252

13,000 ........................... 1,804 924 262

14,000 ........................... 1,940 984 272

15,000 ........................... 2,075 1,044 282

16,000 ........................... 2,210 1,104 291

17,000 ........................... 2,345 1,164 300

18,000 ........................... 2,479 1,223 309

19,000 ........................... 2,613 1,282 318

20,000 ........................... 2,747 1,341 327

21,000 ........................... 2,877 1,400 336

Army National Guard:

20,000 ........................... 1,500 850 325

22,000 ........................... 1,650 930 350

24,000 ........................... 1,790 1,010 370

26,000 ........................... 1,930 1,085 385

28,000 ........................... 2,070 1,160 400

30,000 ........................... 2,200 1,235 405

32,000 ........................... 2,330 1,305 408

34,000 ........................... 2,450 1,375 411

36,000 ........................... 2,570 1,445 411

38,000 ........................... 2,670 1,515 411

40,000 ........................... 2,770 1,580 411

42,000 ........................... 2,837 1,644 411

Marine Corps Reserve:

1,100 ............................. 106 56 20

1,200 ............................. 110 60 21

1,300 ............................. 114 63 22

1,400 ............................. 118 66 23

1,500 ............................. 121 69 24

1,600 ............................. 124 72 25

1,700 ............................. 127 75 26

1,800 ............................. 130 78 27

1,900 ............................. 133 81 28

2,000 ............................. 136 84 29

2,100 ............................. 139 87 30

2,200 ............................. 141 90 31

2,300 ............................. 143 92 32

2,400 ............................. 145 94 33

2,500 ............................. 147 96 34

2,600 ............................. 149 98 35

Air Force Reserve:

500 ................................ 83 85 50

1,000 ............................. 155 165 95

1,500 ............................. 220 240 135

2,000 ............................. 285 310 170

115 STAT. 1072 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘Total number of members

of a reserve component

serving on full-time reserve component duty:

Number of officers of that reserve component who may be serving

in the grade of:

Major Lieutenant Colonel Colonel

2,500 ............................. 350 369 203

3,000 ............................. 413 420 220

3,500 ............................. 473 464 230

4,000 ............................. 530 500 240

4,500 ............................. 585 529 247

5,000 ............................. 638 550 254

5,500 ............................. 688 565 261

6,000 ............................. 735 575 268

7,000 ............................. 770 595 280

8,000 ............................. 805 615 290

10,000 ........................... 835 635 300

Air National Guard:

5,000 ............................. 333 335 251

6,000 ............................. 403 394 260

7,000 ............................. 472 453 269

8,000 ............................. 539 512 278

9,000 ............................. 606 571 287

10,000 ........................... 673 630 296

11,000 ........................... 740 688 305

12,000 ........................... 807 742 314

13,000 ........................... 873 795 323

14,000 ........................... 939 848 332

15,000 ........................... 1,005 898 341

16,000 ........................... 1,067 948 350

17,000 ........................... 1,126 998 359

18,000 ........................... 1,185 1,048 368

19,000 ........................... 1,235 1,098 377

20,000 ........................... 1,283 1,148 380.

‘‘(2) Of the total number of members of the Naval Reserve

who are serving on full-time reserve component duty at the end

of any fiscal year, the number of those members who may be

serving in each of the grades of lieutenant commander, commander,

and captain may not, as of the end of that fiscal year, exceed

the number determined in accordance with the following table:

‘‘Total number of members

of Naval Reserve serving

on full-time reserve component duty:

Number of officers who may be serving in the grade of:

Lieutenant commander Commander Captain

10,000 ........................... 807 447 141

11,000 ........................... 867 467 153

12,000 ........................... 924 485 163

13,000 ........................... 980 503 173

14,000 ........................... 1,035 521 183

15,000 ........................... 1,088 538 193

16,000 ........................... 1,142 555 203

17,000 ........................... 1,195 565 213

18,000 ........................... 1,246 575 223

19,000 ........................... 1,291 585 233

20,000 ........................... 1,334 595 242

21,000 ........................... 1,364 603 250

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1073

‘‘Total number of members

of Naval Reserve serving

on full-time reserve component duty:

Number of officers who may be serving in the grade of:

Lieutenant commander Commander Captain

22,000 ........................... 1,384 610 258

23,000 ........................... 1,400 615 265

24,000 ........................... 1,410 620 270.

‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the total number

of members of a reserve component serving on full-time reserve

component duty is between any two consecutive numbers in the

first column of the appropriate table in paragraph (1) or (2) of

subsection (a), the corresponding authorized strengths for each of

the grades shown in that table for that component are determined

by mathematical interpolation between the respective numbers of

the two strengths. If the total number of members of a reserve

component serving on full-time reserve component duty is more

or less than the highest or lowest number, respectively, set forth

in the first column of the appropriate table in paragraph (1) or

(2) of subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table at the

same proportion as is reflected in the nearest limit shown in the

table.‘‘(c) REALLOCATIONS TO LOWER GRADES.—Whenever the number

of officers serving in any grade for duty described in subsection

(a) is less than the number authorized for that grade under this

section, the difference between the two numbers may be applied

to increase the number authorized under this section for any lower

grade. ‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining that it is

in the national interest to do so, the Secretary of Defense may

increase for a particular fiscal year the number of reserve officers

that may be on full-time reserve component duty for a reserve

component in a grade referred to in a table in subsection (a) by

a number that does not exceed the number equal to 5 percent

of the maximum number specified for the grade in that table.

‘‘(2) Whenever the Secretary exercises the authority provided

in paragraph (1), the Secretary shall submit to the Committee

on Armed Services of the Senate and the Committee on Armed

Services of the House of Representatives notice in writing of the

adjustment made.

‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED.—In this

section, the term ‘full-time reserve component duty’ means the

following duty:

‘‘(1) Active duty described in sections 10211, 10302, 10303,

10304, 10305, 12310, or 12402 of this title.

‘‘(2) Full-time National Guard duty (other than for training)

under section 502(f) of title 32.

‘‘(3) Active duty described in section 708 of title 32.’’.

(b) SENIOR ENLISTED MEMBERS.—The text of section 12012

of title 10, United States Code, is amended to read as follows:

‘‘(a) LIMITATIONS.—Of the total number of members of a reserve

component who are serving on full-time reserve component duty

at the end of any fiscal year, the number of those members in

each of pay grades of E–8 and E–9 who may be serving on active

duty under section 10211 or 12310, or on full-time National Guard

duty under the authority of section 502(f) of title 32 (other than

Notice.

115 STAT. 1074 PUBLIC LAW 107–107—DEC. 28, 2001

for training) in connection with organizing, administering,

recruiting, instructing, or training the reserve components or the

National Guard may not, as of the end of that fiscal year, exceed

the number determined in accordance with the following table:

‘‘Total number of members of a reserve component serving on full-time reserve component

duty:

Number of members of that reserve component who may be serving in the grade of:

E–8 E–9

Army Reserve:

10,000 ............................................................ 1,052 154

11,000 ............................................................ 1,126 168

12,000 ............................................................ 1,195 180

13,000 ............................................................ 1,261 191

14,000 ............................................................ 1,327 202

15,000 ............................................................ 1,391 213

16,000 ............................................................ 1,455 224

17,000 ............................................................ 1,519 235

18,000 ............................................................ 1,583 246

19,000 ............................................................ 1,647 257

20,000 ............................................................ 1,711 268

21,000 ............................................................ 1,775 278

Army National Guard:

20,000 ............................................................ 1,650 550

22,000 ............................................................ 1,775 615

24,000 ............................................................ 1,900 645

26,000 ............................................................ 1,945 675

28,000 ............................................................ 1,945 705

30,000 ............................................................ 1,945 725

32,000 ............................................................ 1,945 730

34,000 ............................................................ 1,945 735

36,000 ............................................................ 1,945 738

38,000 ............................................................ 1,945 741

40,000 ............................................................ 1,945 743

42,000 ............................................................ 1,945 743

Naval Reserve:

10,000 ............................................................ 340 143

11,000 ............................................................ 364 156

12,000 ............................................................ 386 169

13,000 ............................................................ 407 182

14,000 ............................................................ 423 195

15,000 ............................................................ 435 208

16,000 ............................................................ 447 221

17,000 ............................................................ 459 234

18,000 ............................................................ 471 247

19,000 ............................................................ 483 260

20,000 ............................................................ 495 273

21,000 ............................................................ 507 286

22,000 ............................................................ 519 299

23,000 ............................................................ 531 312

24,000 ............................................................ 540 325

Marine Corps Reserve:

1,100 .............................................................. 50 11

1,200 .............................................................. 55 12

1,300 .............................................................. 60 13

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1075

‘‘Total number of members of a reserve component serving on full-time reserve component

duty:

Number of members of that reserve component who may be serving in the grade of:

E–8 E–9

1,400 .............................................................. 65 14

1,500 .............................................................. 70 15

1,600 .............................................................. 75 16

1,700 .............................................................. 80 17

1,800 .............................................................. 85 18

1,900 .............................................................. 89 19

2,000 .............................................................. 93 20

2,100 .............................................................. 96 21

2,200 .............................................................. 99 22

2,300 .............................................................. 101 23

2,400 .............................................................. 103 24

2,500 .............................................................. 105 25

2,600 .............................................................. 107 26

Air Force Reserve:

500 ................................................................. 75 40

1,000 .............................................................. 145 75

1,500 .............................................................. 208 105

2,000 .............................................................. 270 130

2,500 .............................................................. 325 150

3,000 .............................................................. 375 170

3,500 .............................................................. 420 190

4,000 .............................................................. 460 210

4,500 .............................................................. 495 230

5,000 .............................................................. 530 250

5,500 .............................................................. 565 270

6,000 .............................................................. 600 290

7,000 .............................................................. 670 330

8,000 .............................................................. 740 370

10,000 ............................................................ 800 400

Air National Guard

5,000 .............................................................. 1,020 405

6,000 .............................................................. 1,070 435

7,000 .............................................................. 1,120 465

8,000 .............................................................. 1,170 490

9,000 .............................................................. 1,220 510

10,000 ............................................................ 1,270 530

11,000 ............................................................ 1,320 550

12,000 ............................................................ 1,370 570

13,000 ............................................................ 1,420 589

14,000 ............................................................ 1,470 608

15,000 ............................................................ 1,520 626

16,000 ............................................................ 1,570 644

17,000 ............................................................ 1,620 661

18,000 ............................................................ 1,670 678

19,000 ............................................................ 1,720 695

20,000 ............................................................ 1,770 712.

‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the total number

of members of a reserve component serving on full-time reserve

component duty is between any two consecutive numbers in the

115 STAT. 1076 PUBLIC LAW 107–107—DEC. 28, 2001

first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that

component are determined by mathematical interpolation between

the respective numbers of the two strengths. If the total number

of members of a reserve component serving on full-time reserve

component duty is more or less than the highest or lowest number,

respectively, set forth in the first column of the table in subsection

(a), the Secretary concerned shall fix the corresponding strengths

for the grades shown in the table at the same proportion as is

reflected in the nearest limit shown in the table. ‘‘(c) REALLOCATIONS TO LOWER GRADE.—Whenever the number

of members serving in pay grade E–9 for duty described in subsection (a) is less than the number authorized for that grade under

this section, the difference between the two numbers may be applied

to increase the number authorized under this section for pay grade

E–8.

‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining that it is

in the national interest to do so, the Secretary of Defense may

increase for a particular fiscal year the number of reserve enlisted

members that may be on active duty or full-time National Guard

duty as described in subsection (a) for a reserve component in

a pay grade referred to in a table in subsection (a) by a number

that does not exceed the number equal to 5 percent of the maximum

number specified for that grade and reserve component in the

table.‘‘(2) Whenever the Secretary exercises the authority provided

in paragraph (1), the Secretary shall submit to the Committee

on Armed Services of the Senate and the Committee on Armed

Services of the House of Representatives notice in writing of the

adjustment made. ‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED.—In this

section, the term ‘full-time reserve component duty’ has the meaning

given the term in section 12011(e) of this title.’’.

Subtitle C—Other Matters Relating to

Personnel Strengths

SEC. 421. ADMINISTRATION OF END STRENGTHS.

(a) INCREASE IN PERCENTAGE BY WHICH ACTIVE COMPONENT

END STRENGTHS MAY BE INCREASED.—Section 115(c)(1) of title 10,

United States Code, is amended by striking ‘‘1 percent’’ and

inserting ‘‘2 percent’’. (b) WAIVER OF END STRENGTHS DURING NATIONAL EMER- GENCY.—The text of section 123a of such title is amended to read

as follows: ‘‘(a) DURING WAR OR NATIONAL EMERGENCY.—If at the end

of any fiscal year there is in effect a war or national emergency,

the President may waive any statutory end strength with respect

to that fiscal year. Any such waiver may be issued only for a

statutory end strength that is prescribed by law before the waiver

is issued.

‘‘(b) UPON TERMINATION OF WAR OR NATIONAL EMERGENCY.—

Upon the termination of a war or national emergency with respect

to which the President has exercised the authority provided by

subsection (a), the President may defer the effectiveness of any

statutory end strength with respect to the fiscal year during which

Notice.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1077

the termination occurs. Any such deferral may not extend beyond

the last day of the sixth month beginning after the date of such

termination. ‘‘(c) STATUTORY END STRENGTH.—In this section, the term ‘statutory end strength’ means any end-strength limitation with

respect to a fiscal year that is prescribed by law for any military

or civilian component of the armed forces or of the Department

of Defense.’’.

SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL

GUARD AND RESERVE PERSONNEL PERFORMING

FUNERAL HONORS FUNCTIONS.

Section 115(d) of title 10, United States Code, is amended

by adding at the end the following new paragraphs:

‘‘(10) Members of reserve components on active duty to

prepare for and to perform funeral honors functions for funerals

of veterans in accordance with section 1491 of this title.

‘‘(11) Members on full-time National Guard duty to prepare

for and perform funeral honors functions for funerals of veterans in accordance with section 1491 of this title.’’.

Subtitle D—Authorization of

Appropriations

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL.

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2002 a total

of $82,307,281,000. The authorization in the preceding sentence

supersedes any other authorization of appropriations (definite or

indefinite) for such purpose for fiscal year 2002.

TITLE V—MILITARY PERSONNEL

POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Enhanced flexibility for management of senior general and flag officer positions.

Sec. 502. Certifications of satisfactory performance for retirement of officers in

grades above major general and rear admiral. Sec. 503. Review of actions of selection boards.

Sec. 504. Temporary reduction of time-in-grade requirement for eligibility for promotion for certain active-duty list officers in grades of first lieutenant

and lieutenant (junior grade). Sec. 505. Authority for promotion without selection board consideration for all fully

qualified officers in grade of first lieutenant or lieutenant (junior grade)

in the Navy. Sec. 506. Authority to adjust date of rank of certain promotions delayed by reason

of unusual circumstances.

Sec. 507. Authority for limited extension of medical deferment of mandatory retirement or separation. Sec. 508. Authority for limited extension on active duty of members subject to mandatory retirement or separation. Sec. 509. Exemption from certain administrative limitations for retired officers ordered to active duty as defense or service attache ́s. Sec. 510. Officer in charge of United States Navy Band.

Subtitle B—Reserve Component Personnel Policy

Sec. 511. Placement on active-duty list of certain Reserve officers on active duty for

a period of three years or less.

115 STAT. 1078 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 512. Exception to baccalaureate degree requirement for appointment of Reserve officers to grades above first lieutenant.

Sec. 513. Improved disability benefits for certain reserve component members.

Sec. 514. Time-in-grade requirement for reserve component officers retired with a

nonservice-connected disability.

Sec. 515. Equal treatment of Reserves and full-time active duty members for purposes of managing personnel deployments.

Sec. 516. Modification of physical examination requirements for members of the Individual Ready Reserve.

Sec. 517. Retirement of Reserve members without requirement for formal application or request.

Sec. 518. Space-required travel by Reserves on military aircraft.

Sec. 519. Payment of Federal Employee Health Benefit Program premiums for certain Reservists called to active duty in support of contingency operations.

Subtitle C—Joint Specialty Officers and Joint Professional Military

Education

Sec. 521. Nominations and promotions for joint specialty officers.

Sec. 522. Joint duty credit.

Sec. 523. Retroactive joint service credit for duty in certain joint task forces.

Sec. 524. Revision to annual report on joint officer management.

Sec. 525. Requirement for selection for joint specialty before promotion to general

or flag officer grade.

Sec. 526. Independent study of joint officer management and joint professional military education reforms.

Sec. 527. Professional development education.

Sec. 528. Authority for National Defense University to enroll certain private sector

civilians.

Sec. 529. Continuation of reserve component professional military education test.

Subtitle D—Military Education and Training

Sec. 531. Defense Language Institute Foreign Language Center.

Sec. 532. Authority for the Marine Corps University to award degree of master of

strategic studies.

Sec. 533. Foreign students attending the service academies.

Sec. 534. Increase in maximum age for appointment as a cadet or midshipman in

Senior Reserve Officers’ Training Corps scholarship programs.

Sec. 535. Participation of regular enlisted members of the Armed Forces in Senior

Reserve Officers’ Training Corps program.

Sec. 536. Authority to modify the service obligation of certain ROTC cadets in military junior colleges receiving financial assistance.

Sec. 537. Repeal of limitation on number of Junior Reserve Officers’ Training Corps

units.

Sec. 538. Modification of nurse officer candidate accession program restriction on

students attending educational institutions with senior reserve officers’

training programs.

Sec. 539. Reserve health professionals stipend program expansion.

Sec. 540. Housing allowance for the chaplain for the Corps of Cadets at the United

States Military Academy.

Subtitle E—Recruiting and Accession Programs

Sec. 541. 18-month enlistment pilot program.

Sec. 542. Improved benefits under the Army College First program.

Sec. 543. Correction and extension of certain Army recruiting pilot program authorities.

Sec. 544. Military recruiter access to secondary school students.

Sec. 545. Permanent authority for use of military recruiting funds for certain expenses at Department of Defense recruiting functions.

Sec. 546. Report on health and disability benefits for pre-accession training and

education programs.

Subtitle F—Decorations, Awards, and Posthumous Commissions

Sec. 551. Authority for award of the Medal of Honor to Humbert R. Versace, Jon

E. Swanson, and Ben L. Salomon for valor.

Sec. 552. Review regarding award of Medal of Honor to certain Jewish American

and Hispanic American war veterans.

Sec. 553. Authority to issue duplicate Medals of Honor and to replace stolen military decorations.

Sec. 554. Retroactive Medal of Honor special pension.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1079

Sec. 555. Waiver of time limitations for award of certain decorations to certain persons.

Sec. 556. Sense of Congress on issuance of certain medals.

Sec. 557. Sense of Congress on development of a more comprehensive, uniform policy for the award of decorations to military and civilian personnel of the

Department of Defense.

Sec. 558. Posthumous Army commission in the grade of captain in the Chaplains

Corps to Ella E. Gibson for service as chaplain of the First Wisconsin

Heavy Artillery Regiment during the Civil War.

Subtitle G—Funeral Honors Duty

Sec. 561. Participation of military retirees in funeral honors details.

Sec. 562. Funeral honors duty performed by Reserve and Guard members to be

treated as inactive-duty training for certain purposes.

Sec. 563. Use of military leave for funeral honors duty by Reserve members and

National Guardsmen.

Sec. 564. Authority to provide appropriate articles of clothing as a civilian uniform

for civilians participating in funeral honor details.

Subtitle H—Military Spouses and Family Members

Sec. 571. Improved financial and other assistance to military spouses for job training and education.

Sec. 572. Persons authorized to be included in surveys of military families regarding Federal programs.

Sec. 573. Clarification of treatment of classified information concerning persons in

a missing status.

Sec. 574. Transportation to annual meeting of next-of-kin of persons unaccounted

for from conflicts after World War II.

Sec. 575. Amendments to charter of Defense Task Force on Domestic Violence.

Subtitle I—Military Justice and Legal Assistance Matters

Sec. 581. Blood alcohol content limit for the offense under the Uniform Code of

Military Justice of drunken operation of a vehicle, aircraft, or vessel.

Sec. 582. Requirement that courts-martial consist of not less than 12 members in

capital cases.

Sec. 583. Acceptance of voluntary legal assistance for the civil affairs of members

and former members of the uniformed services and their dependents.

Subtitle J—Other Matters

Sec. 591. Congressional review period for change in ground combat exclusion policy.

Sec. 592. Per diem allowance for lengthy or numerous deployments.

Sec. 593. Clarification of disability severance pay computation.

Sec. 594. Transportation or storage of privately owned vehicles on change of permanent station.

Sec. 595. Repeal of requirement for final Comptroller General report relating to

Army end strength allocations.

Sec. 596. Continued Department of Defense administration of National Guard

Challenge program and Department of Defense Starbase program.

Sec. 597. Report on Defense Science Board recommendation on original appointments in regular grades for Academy graduates and certain other new

officers.

Sec. 598. Sense of Congress regarding the selection of officers for recommendation

for appointment as Commander, United States Transportation Command.

Subtitle A—Officer Personnel Policy

SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF SENIOR

GENERAL AND FLAG OFFICER POSITIONS.

(a) REPEAL OF LIMIT ON NUMBER OF OFFICERS ON ACTIVE

DUTY IN GRADES OF GENERAL AND ADMIRAL.—Section 528 of title

10, United States Code, is repealed.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 32 of such title is amended by striking the item

relating to section 528.

115 STAT. 1080 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 502. CERTIFICATIONS OF SATISFACTORY PERFORMANCE FOR

RETIREMENT OF OFFICERS IN GRADES ABOVE MAJOR

GENERAL AND REAR ADMIRAL.

Section 1370(c) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3)(A) The Secretary of Defense may delegate authority to

make a certification with respect to an officer under paragraph

(1) only to the Under Secretary of Defense for Personnel and Readiness or the Deputy Under Secretary of Defense for Personnel and

Readiness.

‘‘(B) If authority is delegated under subparagraph (A) and,

in the course of consideration of an officer for a certification under

paragraph (1), the Under Secretary or (if such authority is delegated

to both the Under and Deputy Under Secretary) the Deputy Under

Secretary makes a determination described in subparagraph (C)

with respect to that officer, the Under Secretary or Deputy Under

Secretary, as the case may be, may not exercise the delegated

authority in that case, but shall refer the matter to the Secretary

of Defense, who shall personally determine whether to issue a

certification under paragraph (1) with respect to that officer.

‘‘(C) A determination referred to in subparagraph (B) is a

determination that there is potentially adverse information concerning an officer and that such information has not previously

been submitted to the Senate in connection with the consideration

by the Senate of a nomination of that officer for an appointment

for which the advice and consent of the Senate is required.’’.

SEC. 503. REVIEW OF ACTIONS OF SELECTION BOARDS.

(a) IN GENERAL.—(1) Chapter 79 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 1558. Review of actions of selection boards: correction of

military records by special boards; judicial review

‘‘(a) CORRECTION OF MILITARY RECORDS.—The Secretary of a

military department may correct a person’s military records in

accordance with a recommendation made by a special board. Any

such correction may be made effective as of the effective date

of the action taken on a report of a previous selection board that

resulted in the action corrected in the person’s military records.

‘‘(b) DEFINITIONS.—In this section:

‘‘(1) SPECIAL BOARD.—(A) The term ‘special board’ means

a board that the Secretary of a military department convenes

under any authority to consider whether to recommend a person

for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive

status in a reserve component instead of referring the records

of that person for consideration by a previously convened selection board which considered or should have considered that

person.

‘‘(B) Such term includes a board for the correction of military records convened under section 1552 of this title, if designated as a special board by the Secretary concerned.

‘‘(C) Such term does not include a promotion special selection board convened under section 628 or 14502 of this title.

‘‘(2) SELECTION BOARD.—(A) The term ‘selection board’ means a selection board convened under section 573(c), 580,

580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14704, or

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1081

14705 of this title, and any other board convened by the Secretary of a military department under any authority to recommend persons for appointment, enlistment, reenlistment,

assignment, promotion, or retention in the armed forces or

for separation, retirement, or transfer to inactive status in

a reserve component for the purpose of reducing the number

of persons serving in the armed forces.

‘‘(B) Such term does not include any of the following:

‘‘(i) A promotion board convened under section 573(a),

611(a), or 14101(a) of this title.

‘‘(ii) A special board.

‘‘(iii) A special selection board convened under section

628 of this title.

‘‘(iv) A board for the correction of military records

convened under section 1552 of this title.

‘‘(3) INVOLUNTARILY BOARD-SEPARATED.—The term ‘involuntarily board-separated’ means separated or retired from an

armed force, or transferred to the Retired Reserve or to inactive

status in a reserve component, as a result of a recommendation

of a selection board.

‘‘(c) RELIEF ASSOCIATED WITH CORRECTION OF CERTAIN

ACTIONS.—(1) The Secretary of the military department concerned

shall ensure that an involuntarily board-separated person receives

relief under paragraph (2) or under paragraph (3) if the person,

as a result of a correction of the person’s military records under

subsection (a), becomes entitled to retention on or restoration to

active duty or to active status in a reserve component.

‘‘(2)(A) A person referred to in paragraph (1) shall, with that

person’s consent, be restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances)

in that person’s armed force as the person would have had if

the person had not been selected to be involuntarily board-separated

as a result of an action the record of which is corrected under

subsection (a). An action under this subparagraph is subject to

subparagraph (B).

‘‘(B) Nothing in subparagraph (A) may be construed to permit

a person to be on active duty or in an active status in a reserve

component after the date on which the person would have been

separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component if the person had not been

selected to be involuntarily board-separated in an action of a selection board the record of which is corrected under subsection (a).

‘‘(3) If an involuntarily board-separated person referred to in

paragraph (1) does not consent to a restoration of status, rights,

and entitlements under paragraph (2), the Secretary concerned

shall pay that person back pay and allowances (less appropriate

offsets), and shall provide that person service credit, for the period—

‘‘(A) beginning on the date of the person’s separation, retirement, or transfer to the Retired Reserve or to inactive status

in a reserve component, as the case may be; and

‘‘(B) ending on the earlier of—

‘‘(i) the date on which the person would have been

so restored under paragraph (2), as determined by the

Secretary concerned; or

‘‘(ii) the date on which the person would otherwise

have been separated, retired, or transferred to the Retired

115 STAT. 1082 PUBLIC LAW 107–107—DEC. 28, 2001

Reserve or to inactive status in a reserve component, as

the case may be. ‘‘(d) FINALITY OF UNFAVORABLE ACTION.—If a special board

makes a recommendation not to correct the military records of

a person regarding action taken in the case of that person on

the basis of a previous report of a selection board, the action

previously taken on that report shall be considered as final as

of the date of the action taken on that report. ‘‘(e) REGULATIONS.—(1) The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (f), other

than to paragraph (4)(C) of that subsection. ‘‘(2) The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special

board may be provided for under this section, including the following: ‘‘(A) The circumstances under which consideration of a

person’s case by a special board is contingent upon application

by or for that person. ‘‘(B) Any time limits applicable to the filing of an application for such consideration.

‘‘(3) Regulations prescribed by the Secretary of a military

department under this subsection may not take effect until approved

by the Secretary of Defense. ‘‘(f) JUDICIAL REVIEW.—(1) A person seeking to challenge an

action or recommendation of a selection board, or an action taken

by the Secretary of the military department concerned on the report

of a selection board, is not entitled to relief in any judicial proceeding unless the action or recommendation has first been considered by a special board under this section or the Secretary concerned

has denied the convening of such a board for such consideration.

‘‘(2)(A) A court of the United States may review a determination

by the Secretary of a military department not to convene a special

board in the case of any person. In any such case, the court

may set aside the Secretary’s determination only if the court finds

the determination to be—

‘‘(i) arbitrary or capricious;

‘‘(ii) not based on substantial evidence;

‘‘(iii) a result of material error of fact or material administrative error; or

‘‘(iv) otherwise contrary to law.

‘‘(B) If a court sets aside a determination by the Secretary

of a military department not to convene a special board, it shall

remand the case to the Secretary concerned, who shall provide

for consideration by a special board.

‘‘(3) A court of the United States may review a recommendation

of a special board or an action of the Secretary of the military

department concerned on the report of a special board. In any

such case, a court may set aside the action only if the court finds

that the recommendation or action was—

‘‘(A) arbitrary or capricious;

‘‘(B) not based on substantial evidence;

‘‘(C) a result of material error of fact or material administrative error; or

‘‘(D) otherwise contrary to law.

‘‘(4)(A) If, six months after receiving a complete application

for consideration by a special board in any case, the Secretary

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1083

concerned has not convened a special board and has not denied

consideration by a special board in that case, the Secretary shall

be deemed for the purposes of this subsection to have denied consideration of the case by a special board.

‘‘(B) If, six months after the convening of a special board in

any case, the Secretary concerned has not taken final action on

the report of the special board, the Secretary shall be deemed

for the purposes of this subsection to have denied relief in such

case.‘‘(C) Under regulations prescribed under subsection (e), the

Secretary of a military department may waive the applicability

of subparagraph (A) or (B) in a case if the Secretary determines

that a longer period for consideration of the case is warranted.

Such a waiver may be for an additional period of not more than

six months. The Secretary concerned may not delegate authority

to make a determination under this subparagraph.

‘‘(g) EXISTING JURISDICTION.—Nothing in this section limits—

‘‘(1) the jurisdiction of any court of the United States under

any provision of law to determine the validity of any law,

regulation, or policy relating to selection boards; or

‘‘(2) the authority of the Secretary of a military department

to correct a military record under section 1552 of this title.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘1558. Review of actions of selection boards: correction of military records by special

boards; judicial review.’’.

(b) SPECIAL SELECTION BOARDS.—Section 628 of such title is

amended—

(1) by redesignating subsection (g) as subsection (k); and

(2) by inserting after subsection (f) the following new subsections:

‘‘(g) JUDICIAL REVIEW.—(1)(A) A court of the United States

may review a determination by the Secretary of a military department under subsection (a)(1) or (b)(1) not to convene a special

selection board in the case of any person. In any such case, the

court may set aside the Secretary’s determination only if the court

finds the determination to be—

‘‘(i) arbitrary or capricious;

‘‘(ii) not based on substantial evidence;

‘‘(iii) a result of material error of fact or material administrative error; or

‘‘(iv) otherwise contrary to law.

‘‘(B) If a court sets aside a determination by the Secretary

of a military department not to convene a special selection board

under this section, it shall remand the case to the Secretary concerned, who shall provide for consideration by such a board.

‘‘(2) A court of the United States may review the action of

a special selection board convened under this section or an action

of the Secretary of the military department concerned on the report

of such a board. In any such case, a court may set aside the

action only if the court finds that the action was—

‘‘(A) arbitrary or capricious;

‘‘(B) not based on substantial evidence;

‘‘(C) a result of material error of fact or material administrative error; or

‘‘(D) otherwise contrary to law.

115 STAT. 1084 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(3)(A) If, six months after receiving a complete application

for consideration by a special selection board under this section

in any case, the Secretary concerned has not convened such a

board and has not denied consideration by such a board in that

case, the Secretary shall be deemed for the purposes of this subsection to have denied the consideration of the case by such a

board.

‘‘(B) If, six months after the convening of a special selection

board under this section in any case, the Secretary concerned has

not taken final action on the report of the board, the Secretary

shall be deemed for the purposes of this subsection to have denied

relief in such case.

‘‘(C) Under regulations prescribed under subsection (j), the Secretary of a military department may waive the applicability of

subparagraph (A) or (B) in a case if the Secretary determines

that a longer period for consideration of the case is warranted.

Such a waiver may be for an additional period of not more than

six months. The Secretary concerned may not delegate authority

to make a determination under this subparagraph.

‘‘(h) LIMITATIONS OF OTHER JURISDICTION.—No official or court

of the United States may, with respect to a claim based to any

extent on the failure of a person to be selected for promotion

by a promotion board—

‘‘(1) consider the claim unless the person has first been

referred by the Secretary concerned to a special selection board

convened under this section and acted upon by that board

and the report of the board has been approved by the President;

or

‘‘(2) except as provided in subsection (g), grant any relief

on the claim unless the person has been selected for promotion

by a special selection board convened under this section to

consider the person for recommendation for promotion and the

report of the board has been approved by the President.

‘‘(i) EXISTING JURISDICTION.—Nothing in this section limits—

‘‘(1) the jurisdiction of any court of the United States under

any provision of law to determine the validity of any law,

regulation, or policy relating to selection boards; or

‘‘(2) the authority of the Secretary of a military department

to correct a military record under section 1552 of this title.

‘‘(j) REGULATIONS.—(1) The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (g), other

than to paragraph (3)(C) of that subsection.

‘‘(2) The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special

selection board may be provided for under this section, including

the following:

‘‘(A) The circumstances under which consideration of a

person’s case by a special selection board is contingent upon

application by or for that person.

‘‘(B) Any time limits applicable to the filing of an application for such consideration.

‘‘(3) Regulations prescribed by the Secretary of a military

department under this subsection may not take effect until approved

by the Secretary of Defense.’’.

(c) EFFECTIVE DATE.—(1) Except as provided in paragraph (2),

the amendments made by this section shall apply with respect

Applicability.

10 USC 628 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1085

to any proceeding pending on or after the date of the enactment

of this Act without regard to whether a challenge to an action

of a selection board of any of the Armed Forces being considered

in the proceeding was initiated before, on, or after that date.

(2) The amendments made by this section shall not apply

with respect to any action commenced in a court of the United

States before the date of the enactment of this Act.

SEC. 504. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT

FOR ELIGIBILITY FOR PROMOTION FOR CERTAIN ACTIVEDUTY LIST OFFICERS IN GRADES OF FIRST LIEUTENANT

AND LIEUTENANT (JUNIOR GRADE).

(a) AUTHORITY.—Subsection (a)(1)(B) of section 619 of title 10,

United States Code, is amended by inserting before the period

at the end the following: ‘‘, except that the minimum period of

service in effect under this subparagraph before October 1, 2005,

shall be eighteen months’’. (b) STYLISTIC AMENDMENTS.—Such section is further amended

as follows:

(1) Subsection (a) is amended by striking ‘‘(a)(1)’’ and

inserting ‘‘(a) TIME-IN-GRADE REQUIREMENTS.—(1)’’.

(2) Subsection (b) is amended by striking ‘‘(b)(1)’’ and

inserting ‘‘(b) CONTINUED ELIGIBILITY FOR CONSIDERATION FOR

PROMOTION OF OFFICERS WHO HAVE PREVIOUSLY FAILED OF

SELECTION.—(1)’’.

(3) Subsection (c) is amended by striking ‘‘(c)(1)’’ and

inserting ‘‘(c) OFFICERS TO BE CONSIDERED BY PROMOTION

BOARDS.—(1)’’.

(4) Subsection (d) is amended by inserting ‘‘CERTAIN OFFICERS NOT TO BE CONSIDERED.—’’ after ‘‘(d)’’.

(c) TECHNICAL AMENDMENT.—Subsection (a)(4) of such section

is amended by striking ‘‘clause (A)’’ and inserting ‘‘subparagraph

(A)’’.

SEC. 505. AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD

CONSIDERATION FOR ALL FULLY QUALIFIED OFFICERS IN

GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR

GRADE) IN THE NAVY.

(a) ACTIVE-DUTY LIST PROMOTIONS.—(1) Section 624(a) of title

10, United States Code, is amended by adding at the end the

following new paragraph:

‘‘(3)(A) Except as provided in subsection (d), officers on the

active-duty list in the grade of first lieutenant or, in the case

of the Navy, lieutenant (junior grade) who are on an approved

all-fully-qualified-officers list shall be promoted to the next higher

grade in accordance with regulations prescribed by the Secretary

concerned.

‘‘(B) An all-fully-qualified-officers list shall be considered to

be approved for purposes of subparagraph (A) when the list is

approved by the President. When so approved, such a list shall

be treated in the same manner as a promotion list under this

chapter.

‘‘(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualifiedofficers list only when the Secretary determines that all officers

on the list are needed in the next higher grade to accomplish

mission objectives.

President.

115 STAT. 1086 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the active-duty list in a grade

who the Secretary of the military department concerned

determines—

‘‘(i) are fully qualified for promotion to the next higher

grade; and

‘‘(ii) would be eligible for consideration for promotion to

the next higher grade by a selection board convened under

section 611(a) of this title upon the convening of such a board.’’.

(2) Section 631 of such title is amended by adding at the

end the following new subsection:

‘‘(d) For the purposes of this chapter, an officer of the Army,

Air Force, or Marine Corps who holds the grade of first lieutenant,

and an officer of the Navy who holds the grade of lieutenant

(junior grade), shall be treated as having failed of selection for

promotion if the Secretary of the military department concerned

determines that the officer would be eligible for consideration for

promotion to the next higher grade by a selection board convened

under section 611(a) of this title if such a board were convened

but is not fully qualified for promotion when recommending for

promotion under section 624(a)(3) of this title all fully qualified

officers of the officer’s armed force in such grade who would be

eligible for such consideration.’’.

(3) Section 611 of such title is amended—

(A) in subsection (a)—

(i) by striking ‘‘Under’’ and all that follows through

‘‘require,’’ and inserting ‘‘Whenever the needs of the service

require, the Secretary of the military department

concerned’’; and

(ii) by adding at the end the following new sentence:

‘‘The preceding sentence does not require the convening

of a selection board in the case of officers in the permanent

grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under

section 624(a)(3) of this title all such officers whom the

Secretary finds to be fully qualified for promotion.’’;

(B) in subsection (b), by striking ‘‘Under’’ and all that

follows through ‘‘require,’’ and inserting ‘‘Whenever the needs

of the service require, the Secretary of the military department

concerned’’; and

(C) by adding at the end the following new subsection:

‘‘(c) The convening of selection boards under subsections (a)

and (b) shall be under regulations prescribed by the Secretary

of Defense.’’.

(b) RESERVE ACTIVE-STATUS LIST PROMOTIONS.—(1) Section

14308(b) of title 10, United States Code, is amended by adding

at the end the following new paragraph:

‘‘(4)(A) Officers in the permanent grade of first lieutenant or,

in the case of the Navy, lieutenant (junior grade) who are on

an approved all-fully-qualified-officers list shall be promoted to

the next higher grade in accordance with regulations prescribed

by the Secretary concerned. Such promotions shall be in the manner

specified in section 12203 of this title.

‘‘(B) An all-fully-qualified-officers list shall be considered to

be approved for purposes of subparagraph (A) when the list is

approved by the President. When so approved, such a list shall

President.

Regulations.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1087

be treated in the same manner as a promotion list under this

chapter and chapter 1403 of this title. ‘‘(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualifiedofficers list only when the Secretary determines that all officers

on the list are needed in the next higher grade to accomplish

mission objectives.

‘‘(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the reserve active-status list

in a grade who the Secretary of the military department concerned

determines—

‘‘(i) are fully qualified for promotion to the next higher

grade; and

‘‘(ii) would be eligible for consideration for promotion to

the next higher grade by a selection board convened under

section 14101(a) of this title upon the convening of such a

board.’’.

(2) Section 14504 of such title is amended by adding at the

end the following new subsection:

‘‘(c) OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT

(JUNIOR GRADE) FOUND NOT FULLY QUALIFIED FOR PROMOTION.—

For the purposes of this chapter, an officer of the Army, Air Force,

or Marine Corps on a reserve active-status list who holds the

grade of first lieutenant, and an officer of the Navy on a reserve

active-status list who holds the grade of lieutenant (junior grade),

shall be treated as having failed of selection for promotion if the

Secretary of the military department concerned determines that

the officer would be eligible for consideration for promotion to

the next higher grade by a selection board convened under section

14101(a) of this title if such a board were convened but is not

fully qualified for promotion when recommending for promotion

under section 14308(b)(4) of this title all fully qualified officers

of the officer’s armed force in such grade who would be eligible

for such consideration.’’.

(3) Section 14101(a) of such title is amended by adding at

the end the following new paragraph:

‘‘(3) Paragraph (1) does not require the convening of a selection

board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when

the Secretary concerned recommends for promotion to the next

higher grade under section 14308(b)(4) of this title all such officers

whom the Secretary finds to be fully qualified for promotion.’’.

(c) CONFORMING AMENDMENTS.—Title 10, United States Code,

is amended as follows:

(1)(A) Section 619(d) is amended by adding at the end

the following new paragraph:

‘‘(4) An officer in the grade of first lieutenant or, in the

case of the Navy, lieutenant (junior grade) who is on an

approved all-fully-qualified-officers list under section 624(a)(3)

of this title.’’.

(B) Section 14301(c) is amended by adding at the end

the following new paragraph:

‘‘(5) An officer in the grade of first lieutenant or, in the

case of the Navy, lieutenant (junior grade) who is on an

approved all-fully-qualified-officers list under section

14308(b)(4) of this title.’’.

(2)(A) Section 624(d) is amended—

115 STAT. 1088 PUBLIC LAW 107–107—DEC. 28, 2001

(i) in the second sentence of paragraph (1), by inserting

after ‘‘on the promotion list’’ the following: ‘‘(including an

approved all-fully-qualified-officers list, if applicable)’’; and

(ii) in the second sentence of paragraph (2), by inserting

after ‘‘to such grade, the officer’’ the following: ‘‘shall be

retained on the promotion list (including an approved allfully-qualified-officers list, if applicable) and’’.

(B) Section 14311 is amended—

(i) in subsection (a)(2), by inserting after ‘‘on the promotion list’’ the following: ‘‘(including an approved all-fullyqualified-officers list, if applicable)’’; and

(ii) in subsection (b), by inserting in the second sentence after ‘‘on the promotion list’’ the following: ‘‘(including

an approved all-fully-qualified-officers list, if applicable)’’.

(3)(A) Section 628(a)(1) is amended by inserting after ‘‘not

so considered,’’ the following: ‘‘or the name of a person that

should have been placed on an all-fully-qualified-officers list

under section 624(a)(3) of this title was not so placed,’’.

(B) Section 14502(a)(1) is amended by inserting after

‘‘because of administrative error,’’ the following: ‘‘or whose name

was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,’’.

(4) Section 1211(e) is amended by inserting after ‘‘a promotion list,’’ the following: ‘‘an approved all-fully-qualified-officers list,’’.

(d) TECHNICAL AMENDMENTS TO STRIKE CERTAIN DOPMA REFERENCES TO REGULAR OFFICERS.—Chapter 36 of such title is

amended as follows:

(1) Section 624(c) is amended—

(A) by inserting ‘‘, in the case of officers of the Army,

Air Force, or Marine Corps,’’ after ‘‘captain’’; and

(B) by inserting ‘‘, in the case of officers of the Navy,’’

after ‘‘or lieutenant’’ the second place it appears.

(2) Section 630 is amended by striking ‘‘regular’’ both places

it appears.

(3) Sections 631(a) and 632(a) are each amended—

(A) by striking ‘‘Regular Army, Regular Air Force, or

Regular Marine Corps’’ and inserting ‘‘Army, Air Force,

or Marine Corps on the active-duty list’’;

(B) by striking ‘‘Regular Navy’’ and inserting ‘‘Navy

on the active-duty list’’; and

(C) by striking ‘‘regular’’ each place it appears.

(4)(A) The heading of section 630 and the item relating

to that section in the table of sections at the beginning of

subchapter III are each amended by striking the third word.

(B) The heading of section 631 and the item relating to

that section in the table of sections at the beginning of subchapter III are each amended by striking the eighth word.

(C) The heading of section 632 and the item relating to

that section in the table of sections at the beginning of subchapter III are each amended by striking the eighth and twentyfirst words.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1089

SEC. 506. AUTHORITY TO ADJUST DATE OF RANK OF CERTAIN PROMOTIONS DELAYED BY REASON OF UNUSUAL CIRCUMSTANCES.

(a) ACTIVE DUTY OFFICERS.—Subsection 741(d) of title 10,

United States Code, is amended by adding at the end the following

new paragraph:

‘‘(4)(A) The Secretary concerned may adjust the date of rank

of an officer appointed under section 624(a) of this title to a higher

grade that is not a general officer or flag officer grade if the

appointment of that officer to that grade is delayed from the date

on which (as determined by the Secretary) it would otherwise

have been made by reason of unusual circumstances (as determined

by the Secretary) that cause an unintended delay in—

‘‘(i) the processing or approval of the report of the selection

board recommending the appointment of that officer to that

grade; or

‘‘(ii) the processing or approval of the promotion list established on the basis of that report.

‘‘(B) The adjusted date of rank applicable to the grade of an

officer under subparagraph (A) shall be consistent—

‘‘(i) with the officer’s position on the promotion list for

that grade and competitive category when additional officers

in that grade and competitive category were needed; and

‘‘(ii) with compliance with the applicable authorized

strengths for officers in that grade and competitive category.

‘‘(C) The adjusted date of rank applicable to the grade of an

officer under subparagraph (A) shall be the effective date for—

‘‘(i) the officer’s pay and allowances for that grade; and

‘‘(ii) the officer’s position on the active-duty list.

‘‘(D) When under subparagraph (A) the Secretary concerned

adjusts the date of rank of an officer in a grade to which the

officer was appointed by and with the advice and consent of the

Senate and the adjustment is to a date before the date of the

advice and consent of the Senate to that appointment, the Secretary

shall promptly transmit to the Committee on Armed Services of

the Senate a notification of that adjustment. Any such notification

shall include the name of the officer and a discussion of the reasons

for the adjustment of date of rank.

‘‘(E) Any adjustment in date of rank under this paragraph

shall be made under regulations prescribed by the Secretary of

Defense, which shall apply uniformly among the Army, Navy, Air

Force, and Marine Corps.’’.

(b) RESERVE OFFICERS.—(1) Section 14308(c) of such title is

amended—

(A) by redesignating paragraph (2) as paragraph (3); and

(B) by inserting after paragraph (1) the following new

paragraph (2):

‘‘(2) The date of rank of an officer appointed to a higher grade

under this section may be adjusted in the same manner as an

adjustment may be made under section 741(d)(4) of this title in

the date of rank of an officer appointed to a higher grade under

section 624(a) of this title. In any use of the authority under

the preceding sentence, subparagraph (C)(ii) of such section shall

be applied by substituting ‘reserve active-status list’ for ‘activeduty list’.’’.

Regulations.

Applicability.

Notification.

Effective date.

115 STAT. 1090 PUBLIC LAW 107–107—DEC. 28, 2001

(2) Paragraph (3) of such section, as redesignated by paragraph

(1)(A), is amended by inserting ‘‘provided in paragraph (2) or as

otherwise’’ after ‘‘Except as’’. (c) EFFECTIVE DATE.—(1) Paragraph (4) of section 741(d) of

title 10, United States Code, as added by subsection (a), and paragraph (2) of section 14308(c) of such title, as added by subsection

(b), shall apply with respect to any report of a selection board

recommending officers for promotion to the next higher grade that

is submitted to the Secretary of the military department concerned

on or after the date of the enactment of this Act.

(2) The Secretary of the military department concerned may

apply the applicable paragraph referred to in paragraph (1) in

the case of an appointment of an officer to a higher grade resulting

from a report of a selection board submitted to the Secretary before

the date of the enactment of this Act if the Secretary determines

that such appointment would have been made on an earlier date

that is on or after October 1, 2001, and was delayed under the

circumstances specified in paragraph (4) of section 741(d) of title

10, United States Code, as added by subsection (a).

SEC. 507. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT OF MANDATORY RETIREMENT OR SEPARATION.

The text of section 640 of title 10, United States Code, is

amended to read as follows: ‘‘(a) If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer

and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical

observation and that such hospitalization or medical observation

cannot be completed with confidence in a manner consistent with

the member’s well being before the date on which the officer would

otherwise be required to retire or be separated under this title,

the Secretary may defer the retirement or separation of the officer

under this title. ‘‘(b) A deferral of retirement or separation under subsection

(a) may not extend for more than 30 days after completion of

the evaluation requiring hospitalization or medical observation.’’.

SEC. 508. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF

MEMBERS SUBJECT TO MANDATORY RETIREMENT OR

SEPARATION.

(a) SECTION 12305 STOP-LOSS AUTHORITY.—Section 12305 of

title 10, United States Code, is amended by adding at the end

the following new subsection: ‘‘(c) Upon the termination of a suspension made under the

authority of subsection (a) of a provision of law otherwise requiring

the separation or retirement of officers on active duty because

of age, length of service or length of service in grade, or failure

of selection for promotion, the Secretary concerned shall extend

by up to 90 days the otherwise required separation or retirement

date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been

before the date of the termination of the suspension or within

90 days after the date of such termination.’’.

(b) SECTION 123 STOP-LOSS AUTHORITY.—Section 123 of such

title is amended by adding at the end the following new subsection:

‘‘(d) Upon the termination of a suspension made under the

authority of subsection (a) of a provision of law otherwise requiring

10 USC 741 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1091

the separation or retirement of officers on active duty because

of age, length of service or length of service in grade, or failure

of selection for promotion, the Secretary concerned shall extend

by up to 90 days the otherwise required separation or retirement

date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been

before the date of the termination of the suspension or within

90 days after the date of such termination.’’.

SEC. 509. EXEMPTION FROM CERTAIN ADMINISTRATIVE LIMITATIONS

FOR RETIRED OFFICERS ORDERED TO ACTIVE DUTY AS

DEFENSE OR SERVICE ATTACHE ́ S.

(a) LIMITATION OF PERIOD OF RECALLED SERVICE.—Section

688(e)(2) of title 10, United States Code, is amended by adding

at the end the following new subparagraph:

‘‘(D) An officer who is assigned to duty as a defense attache ́

or service attache ́ for the period of active duty to which

ordered.’’.

(b) LIMITATION ON NUMBER OF RECALLED OFFICERS ON ACTIVE

DUTY.—Section 690(b)(2) of such title is amended by adding at

the end the following new subparagraph:

‘‘(E) An officer who is assigned to duty as a defense attache ́

or service attache ́ for the period of active duty to which

ordered.’’.

(c) APPLICABILITY.—The amendments made by subsections (a)

and (b) shall apply with respect to officers serving on active duty

as a defense attache ́ or service attache ́ on or after the date of

the enactment of this Act.

SEC. 510. OFFICER IN CHARGE OF UNITED STATES NAVY BAND.

(a) DETAIL AND GRADE.—Section 6221 of title 10, United States

Code, is amended to read as follows:

‘‘§ 6221. United States Navy Band; officer in charge

‘‘(a) There is a Navy band known as the United States Navy

Band.

‘‘(b)(1) An officer of the Navy designated for limited duty under

section 5589 or 5596 of this title who is serving in a grade above

lieutenant may be detailed by the Secretary of the Navy as Officer

in Charge of the United States Navy Band.

‘‘(2) While serving as Officer in Charge of the United States

Navy Band, an officer shall hold the grade of captain if appointed

to that grade by the President, by and with the advice and consent

of the Senate. Such an appointment may be made notwithstanding

section 5596(d) of this title.’’.

(b) CLERICAL AMENDMENT.—The item relating to such section

in the table of sections at the beginning of chapter 565 of such

title is amended to read as follows:

‘‘6221. United States Navy Band; officer in charge.’’.

10 USC 688 note.

115 STAT. 1092 PUBLIC LAW 107–107—DEC. 28, 2001

Subtitle B—Reserve Component Personnel

Policy

SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE

OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE

YEARS OR LESS.

(a) CLARIFICATION OF EXEMPTION.—Section 641(1)(D) of title

10, United States Code, is amended to read as follows: ‘‘(D) on active duty under section 12301(d) of this title,

other than as provided under subparagraph (C), if the

call or order to active duty, under regulations prescribed

by the Secretary concerned, specifies a period of three

years or less and continued placement on the reserve activestatus list;’’. (b) RETROACTIVE APPLICATION.—(1) The Secretary of the military department concerned may provide that an officer who was

excluded from the active-duty list under section 641(1)(D) of title

10, United States Code, as amended by section 521 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– 108), shall be considered to have been on the active-duty list during

the period beginning on the date on which the officer was so

excluded and ending on the date of the enactment of this Act.

(2) The Secretary of the military department concerned may

provide that a Reserve officer who was placed on the active-duty

list on or after October 30, 1997, shall be placed on the reserve

active-status list if the officer otherwise meets the conditions specified in section 641(1)(D) of title 10, United States Code, as amended

by subsection (a).

SEC. 512. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT

FOR APPOINTMENT OF RESERVE OFFICERS TO GRADES

ABOVE FIRST LIEUTENANT.

(a) REAUTHORIZATION OF WAIVER AUTHORITY FOR ARMY OCS

GRADUATES AND INCLUSION OF CERTAIN MARINE OFFICERS.—Section

12205 of title 10, United States Code, is amended by adding at

the end the following new subsection:

‘‘(d) WAIVER AUTHORITY FOR ARMY OCS GRADUATES AND CER- TAIN MARINE CORPS OFFICERS.—(1) The Secretary of the Army

may waive the applicability of subsection (a) to any officer whose

original appointment in the Army as a Reserve officer is through

the Army Officer Candidate School program.

‘‘(2) The Secretary of the Navy may waive the applicability

of subsection (a) to any officer whose original appointment in the

Marine Corps as a Reserve officer is through the Marine Corps

meritorious commissioning program.

‘‘(3) Any such waiver shall be made on a case-by-case basis,

considering the individual circumstances of the officer involved,

and may continue in effect for no more than two years after the

waiver is granted. The Secretary concerned may provide for such

a waiver to be effective before the date of the waiver, as appropriate

in an individual case.’’.

(b) EFFECTIVE DATE.—Subsection (d) of section 12205 of title

10, United States Code, as added by subsection (a), shall apply

with respect to officers appointed before, on, or after the date

of the enactment of this Act.

Applicability.

10 USC 12205

note.

10 USC 641 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1093

SEC. 513. IMPROVED DISABILITY BENEFITS FOR CERTAIN RESERVE

COMPONENT MEMBERS.

(a) MEDICAL AND DENTAL CARE.—Sections 1074a(a)(3) and

1076(a)(2)(C) of title 10, United States Code, are each amended

by striking ‘‘, if the’’ and all that follows through ‘‘member’s residence’’.

(b) ELIGIBILITY FOR DISABILITY RETIREMENT OR SEPARATION.—

Sections 1204(2)(B)(iii) and 1206(2)(B)(iii) of title 10, United States

Code, are each amended by striking ‘‘, if the’’ and all that follows

through ‘‘member’s residence’’.

(c) RECOVERY, CARE, AND DISPOSITION OF REMAINS.—Section

1481(a)(2)(D) of title 10, United States Code, is amended by striking

‘‘, if the site is outside reasonable commuting distance from the

member’s residence’’.

(d) ENTITLEMENT TO BASIC PAY.—Subsections (g)(1)(D) and

(h)(1)(D) of section 204 of title 37, United States Code, are amended

by striking ‘‘, if the site is outside reasonable commuting distance

from the member’s residence’’.

(e) COMPENSATION FOR INACTIVE-DUTY TRAINING.—Section

206(a)(3)(C) of title 37, United States Code, is amended by striking

‘‘, if the site is outside reasonable commuting distance from the

member’s residence’’.

SEC. 514. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT

OFFICERS RETIRED WITH A NONSERVICE CONNECTED DISABILITY.

Section 1370(d)(3)(B) of title 10, United States Code, is amended

to read as follows:

‘‘(B) A person covered by subparagraph (A) who has completed

at least six months of satisfactory service in grade may be credited

with satisfactory service in the grade in which serving at the

time of transfer or discharge, notwithstanding failure of the person

to complete three years of service in that grade, if that person

is transferred from an active status or discharged as a reserve

commissioned officer—

‘‘(i) solely due to the requirements of a nondiscretionary

provision of law requiring that transfer or discharge due to

the person’s age or years of service; or

‘‘(ii) because the person no longer meets the qualifications

for membership in the Ready Reserve solely because of a physical disability, as determined, at a minimum, by a medical

evaluation board and at the time of such transfer or discharge

such person (pursuant to section 12731b of this title or otherwise) meets the service requirements established by section

12731(a) of this title for eligibility for retired pay under chapter

1223 of this title, unless the disability is described in section

12731b of this title.’’.

SEC. 515. EQUAL TREATMENT OF RESERVES AND FULL-TIME ACTIVE

DUTY MEMBERS FOR PURPOSES OF MANAGING PERSONNEL DEPLOYMENTS.

(a) RESIDENCE OF RESERVES AT HOME STATION.—Paragraph

(2) of section 991(b) of title 10, United States Code, is amended

to read as follows:

‘‘(2) In the case of a member of a reserve component who

is performing active service pursuant to orders that do not establish

a permanent change of station, the housing referred to in paragraph

115 STAT. 1094 PUBLIC LAW 107–107—DEC. 28, 2001

(1) is any housing (which may include the member’s residence)

that the member usually occupies for use during off-duty time

when on garrison duty at the member’s permanent duty station

or homeport, as the case may be.’’. (b) EFFECTIVE DATE.—The amendment made by this section

shall apply with respect to duty performed on or after October

1, 2001.

SEC. 516. MODIFICATION OF PHYSICAL EXAMINATION REQUIREMENTS FOR MEMBERS OF THE INDIVIDUAL READY

RESERVE.

(a) IRR REQUIREMENT.—Section 10206 of title 10, United States

Code, is amended—

(1) in the matter in subsection (a) preceding paragraph

(1), by striking ‘‘Ready Reserve’’ and inserting ‘‘Selected

Reserve’’;

(2) by designating the second sentence of subsection (a)

as subsection (c);

(3) by redesignating subsection (b) as subsection (d); and

(4) by inserting after subsection (a) the following new subsection (b):

‘‘(b) A member of the Individual Ready Reserve or inactive

National Guard shall be examined for physical fitness as necessary

to determine the member’s physical fitness for—

‘‘(1) military duty or promotion;

‘‘(2) attendance at a school of the armed forces; or

‘‘(3) other action related to career progression.’’.

(b) TECHNICAL AMENDMENT.—Subsection (a)(1) of such section

is amended by striking ‘‘his’’ and inserting ‘‘the member’s’’.

SEC. 517. RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIREMENT FOR FORMAL APPLICATION OR REQUEST.

(a) RETIRED RESERVE.—Section 10154(2) of title 10, United

States Code, is amended by striking ‘‘upon their request’’.

(b) RETIREMENT FOR FAILURE OF SELECTION OF PROMOTION.—

(1) Paragraph (2) of section 14513 of such title is amended by

striking ‘‘, if the officer is qualified and applies for such transfer’’

and inserting ‘‘if the officer is qualified for such transfer and does

not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve’’.

(2)(A) The heading for such section is amended to read as

follows:

‘‘§ 14513. Failure of selection for promotion: transfer, retirement, or discharge’’.

(B) The item relating to such section in the table of sections

at the beginning of chapter 1407 of such title is amended to read

as follows:

‘‘14513. Failure of selection for promotion: transfer, retirement, or discharge.’’.

(c) RETIREMENT FOR YEARS OF SERVICE OR AFTER SELECTION

FOR EARLY REMOVAL.—Section 14514 of such title is amended— (1) in paragraph (1), by striking ‘‘, if the officer is qualified

and applies for such transfer’’ and inserting ‘‘if the officer

is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned)

not to be transferred to the Retired Reserve’’; and

(2) by striking paragraph (2) and inserting the following:

Applicability.

10 USC 991 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1095

‘‘(2) be discharged from the officer’s reserve appointment

if the officer is not qualified for transfer to the Retired Reserve

or has requested (in accordance with regulations prescribed

by the Secretary concerned) not to be so transferred.’’.

(d) RETIREMENT FOR AGE.—Section 14515 of such title is

amended—

(1) in paragraph (1), by striking ‘‘, if the officer is qualified

and applies for such transfer’’ and inserting ‘‘if the officer

is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned)

not to be transferred to the Retired Reserve’’; and

(2) by striking paragraph (2) and inserting the following:

‘‘(2) be discharged from the officer’s reserve appointment

if the officer is not qualified for transfer to the Retired Reserve

or has requested (in accordance with regulations prescribed

by the Secretary concerned) not to be so transferred.’’.

(e) DISCHARGE OR RETIREMENT OF WARRANT OFFICERS FOR

YEARS OF SERVICE OR AGE.—(1) Chapter 1207 of such title is

amended by adding at the end the following new section:

‘‘§ 12244. Warrant officers: discharge or retirement for years

of service or for age

‘‘Each reserve warrant officer of the Army, Navy, Air Force,

or Marine Corps who is in an active status and has reached the

maximum years of service or age prescribed by the Secretary concerned shall—

‘‘(1) be transferred to the Retired Reserve if the warrant

officer is qualified for such transfer and does not request (in

accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or ‘‘(2) be discharged if the warrant officer is not qualified

for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned)

not to be so transferred.’’. (2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘12244. Warrant officers: discharge or retirement for years of service or for age.’’.

(f) DISCHARGE OR RETIREMENT OF ENLISTED MEMBERS FOR

YEARS OF SERVICE OR AGE.—(1) Chapter 1203 of such title is

amended by adding at the end the following new section:

‘‘§ 12108. Enlisted members: discharge or retirement for

years of service or for age

‘‘Each reserve enlisted member of the Army, Navy, Air Force,

or Marine Corps who is in an active status and has reached the

maximum years of service or age prescribed by the Secretary concerned shall— ‘‘(1) be transferred to the Retired Reserve if the member

is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned)

not to be transferred to the Retired Reserve; or ‘‘(2) be discharged if the member is not qualified for transfer

to the Retired Reserve or has requested (in accordance with

regulations prescribed by the Secretary concerned) not to be

so transferred.’’.

115 STAT. 1096 PUBLIC LAW 107–107—DEC. 28, 2001

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘12108. Enlisted members: discharge or retirement for years of service or for age.’’.

(g) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the first day of the first month that begins

more than 180 days after the date of the enactment of this Act.

SEC. 518. SPACE-REQUIRED TRAVEL BY RESERVES ON MILITARY AIRCRAFT.

(a) CORRECTION OF IMPAIRMENT TO AUTHORIZED TRAVEL WITH

ALLOWANCES.—Subsection (a) of section 18505 of title 10, United

States Code, is amended by striking ‘‘annual training duty or’’

each place it appears.

(b) CONFORMING AMENDMENTS.—The heading for such section,

and the item relating to such section in the table of sections at

the beginning of chapter 1805 of such title, are each amended

by striking the fourth, fifth, sixth, and seventh words.

SEC. 519. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM PREMIUMS FOR CERTAIN RESERVISTS CALLED TO

ACTIVE DUTY IN SUPPORT OF CONTINGENCY OPERATIONS.

(a) IN GENERAL.—Subsection (e) of section 8906 of title 5,

United States Code, is amended by adding at the end the following

new paragraph:

‘‘(3)(A) An employing agency may pay both the employee and

Government contributions, and any additional administrative

expenses otherwise chargeable to the employee, with respect to

health care coverage for an employee described in subparagraph

(B) and the family of such employee.

‘‘(B) An employee referred to in subparagraph (A) is an

employee who—

‘‘(i) is enrolled in a health benefits plan under this chapter;

‘‘(ii) is a member of a reserve component of the armed

forces;

‘‘(iii) is called or ordered to active duty in support of a

contingency operation (as defined in section 101(a)(13) of title

10);

‘‘(iv) is placed on leave without pay or separated from

service to perform active duty; and

‘‘(v) serves on active duty for a period of more than 30

consecutive days.

‘‘(C) Notwithstanding the one-year limitation on coverage

described in paragraph (1)(A), payment may be made under this

paragraph for a period not to exceed 18 months.’’.

(b) CONFORMING AMENDMENT.—The matter preceding paragraph (1) in subsection (f) of such section is amended to read

as follows:

‘‘(f) The Government contribution, and any additional payments

under subsection (e)(3)(A), for health benefits for an employee shall

be paid—’’.

(c) APPLICABILITY.—The amendments made by this section

apply with respect to employees called to active duty on or after

December 8, 1995, and an agency may make retroactive payments

to such employees for premiums paid on or after such date.

5 USC 8906 note.

10 USC 10154

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1097

Subtitle C—Joint Specialty Officers and

Joint Professional Military Education

SEC. 521. NOMINATIONS AND PROMOTIONS FOR JOINT SPECIALTY

OFFICERS.

(a) SELECTION OF OFFICERS FOR THE JOINT SPECIALITY.—Paragraph (2) of section 661(b) of title 10, United States Code, is

amended by striking ‘‘The Secretaries’’ and all that follows through

‘‘officers—’’ and inserting ‘‘Each officer on the active-duty list on

the date of the enactment of the National Defense Authorization

Act for Fiscal Year 2002 who has not before that date been nominated for the joint specialty by the Secretary of a military department, and each officer who is placed on the active-duty list after

such date, who meets the requirements of subsection (c) shall automatically be considered to have been nominated for the joint specialty. From among those officers considered to be nominated for

the joint specialty, the Secretary may select for the joint specialty

only officers—’’.

(b) PROMOTION RATE FOR OFFICERS WITH THE JOINT SPE- CIALTY.—Paragraph (2) of section 662(a) of such title is amended

by striking ‘‘promoted at a rate’’ and inserting ‘‘promoted— ‘‘(A) during the three-year period beginning on the

date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, at a rate not less than

the rate for officers of the same armed force in the same

grade and competitive category; and ‘‘(B) after the end of the period specified in subparagraph (A), at a rate’’.

SEC. 522. JOINT DUTY CREDIT.

Paragraph (4) of section 664(i) of title 10, United States Code,

is amended—

(1) in subparagraph (E), by striking ‘‘The’’ and inserting

‘‘Except as provided in subparagraph (F), the’’; and

(2) by adding at the end the following new subparagraph:

‘‘(F) Service in a temporary joint task force assignment

not involved in combat or combat-related operations may not

be credited for the purposes of joint duty, unless, and only

if—

‘‘(i) the service of the officer and the nature of the

joint task force not only meet all criteria of this section,

except subparagraph (E), but also any additional criteria

the Secretary may establish;

‘‘(ii) the Secretary has specifically approved the operation conducted by the joint task force as one that qualifies

for joint service credit, and notifies Congress upon each

approval, providing the criteria that led to that approval;

and

‘‘(iii) the operation is conducted by the joint task force

in an environment where an extremely fragile state of

peace and high potential for hostilities coexist.’’.

SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN CERTAIN JOINT TASK FORCES.

(a) AUTHORITY.—In accordance with section 664(i) of title 10,

United States Code, as amended by section 522, the Secretary

10 USC 664 note.

115 STAT. 1098 PUBLIC LAW 107–107—DEC. 28, 2001

of Defense may award joint service credit to any officer who served

on the staff of a United States joint task force headquarters in

an operation and during the period set forth in subsection (b)

and who meets the criteria specified in such section. To determine

which officers qualify for such retroactive credit, the Secretary

shall undertake a case-by-case review of the records of officers.

(b) ELIGIBLE OPERATIONS.—Service in the following operations,

during the specified periods, may be counted for credit under subsection (a):

(1) Operation Northern Watch, during the period beginning

on August 1, 1992, and ending on a date to be determined.

(2) Operation Southern Watch, during the period beginning

on August 27, 1992, and ending on a date to be determined.

(3) Operation Able Sentry, during the period beginning

on June 26, 1993, and ending on February 28, 1999.

(4) Operation Joint Endeavor, during the period beginning

on December 25, 1995, and ending on December 19, 1996.

(5) Operation Joint Guard, during the period beginning

on December 20, 1996, and ending on June 20, 1998.

(6) Operation Desert Thunder, beginning on January 24,

1998, and ending on December 15, 1998.

(7) Operation Joint Forge, beginning on June 20, 1998,

and ending on June 10, 1999.

(8) Operation Noble Anvil, beginning on March 24, 1999,

and ending on July 20, 1999.

(9) Operation Joint Guardian, beginning on June 11, 1999,

and ending on a date to be determined.

(c) REPORT.—Not later than one year after the date of the

enactment of this Act, the Secretary of Defense shall submit to

Congress a report of the numbers, by service, grade, and operation,

of the officers given joint service credit in accordance with this

section.

SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFICER MANAGEMENT.

Section 667 of title 10, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

(B) by adding at the end the following new subparagraph:

‘‘(B) The number of officers who meet the criteria for selection for the joint specialty but were not selected, together

with the reasons why.’’;

(2) by amending paragraph (2) to read as follows:

‘‘(2) The number of officers with the joint specialty, shown

by grade and branch or specialty and by education.’’;

(3) in paragraph (3)—

(A) in subparagraph (A) and (B), by striking ‘‘nominated’’ and inserting ‘‘selected’’;

(B) by inserting ‘‘and’’ at the end of subparagraph

(D);

(C) by striking subparagraph (E); and

(D) by redesignating subparagraph (F) as subparagraph (E);

(4) in paragraph (4)(A), by striking ‘‘nominated’’ and

inserting ‘‘selected’’;

(5) in paragraph (14)—

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1099

(A) by inserting ‘‘(A)’’ after ‘‘(14)’’; and

(B) by adding at the end the following new subparagraph:

‘‘(B) An assessment of the extent to which the Secretary

of each military department is assigning personnel to joint

duty assignments in accordance with this chapter and the

policies, procedures, and practices established by the Secretary

of Defense under section 661(a) of this title.’’; and

(6) in paragraph (16), by striking ‘‘section 664(i)’’ in the

matter preceding subparagraph (A) and in subparagraph (B)

and inserting ‘‘subparagraphs (E) and (F) of section 664(i)(4)’’.

SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPECIALTY

BEFORE PROMOTION TO GENERAL OR FLAG OFFICER

GRADE.

(a) REQUIREMENT.—Subsection (a) of section 619a of title 10,

United States Code, is amended by striking ‘‘unless’’ and all that

follows and inserting ‘‘unless— ‘‘(1) the officer has completed a full tour of duty in a

joint duty assignment (as described in section 664(f) of this

title); and ‘‘(2) for appointments after September 30, 2007, the officer

has been selected for the joint specialty in accordance with

section 661 of this title.’’. (b) WAIVER AUTHORITY.—Subsection (b) of that section is

amended by striking ‘‘may waive subsection (a) in the following

circumstances:’’ and inserting ‘‘may waive paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a), in the following circumstances:’’. (c) PROPOSED LEGISLATIVE CHANGES.—Not later than December

1, 2002, the Secretary of Defense shall submit to Congress a draft

proposal for such legislative changes as the Secretary considers

needed to implement the amendment made by subsections (a) and

(b).

SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT

AND JOINT PROFESSIONAL MILITARY EDUCATION

REFORMS.

(a) STUDY.—The Secretary of Defense shall provide for an independent study of the joint officer management system and the

joint professional military education system. The Secretary shall

ensure that the entity conducting the study is provided such

information and support as required. The Secretary shall include

in the contract for the study a requirement that the entity conducting the study submit a report to Congress on the study not

later than one year after the date of the enactment of this Act.

(b) MATTERS TO BE INCLUDED WITH RESPECT TO JOINT OFFICER

MANAGEMENT.—With respect to the joint officer management

system, the entity conducting the independent study shall provide

for the following:

(1) Assessment of implications for joint officer education,

development, and management that would result from proposed

joint organizational operational concepts (such as standing joint

task forces) and from emerging officer management and personnel reforms (such as longer careers and more stabilization),

that are under consideration by the Secretary of Defense.

(2) Assessment of the effectiveness of the current joint

officer management system to develop and use joint specialty

Reports.

Deadline.

10 USC 661 note.

Deadline.

10 USC 619a

note.

115 STAT. 1100 PUBLIC LAW 107–107—DEC. 28, 2001

qualified officers in meeting both current and future requirements for joint specialty officers.

(3) Recommendations, based on empirical and other data,

to improve the effectiveness of the joint officer management

system, especially with regard to the following:

(A) The proper mix and sequencing of education assignments and experience assignments (to include, with respect

to both types of assignments, consideration of the type

and quality, and the length, of such assignments) to qualify

an officer as a joint specialty officer, as well as the implications of adopting a variable joint duty tour length and

the advisability and implications of a system of qualifying

officers as joint specialty officers that uses multiple shorter

qualification tracks to selection as a joint specialty officer

than are now codified.

(B) The system of using joint specialty officers,

including the continued utility of such measures as—

(i) the required fill of positions on the joint duty

assignment list, as specified in paragraphs (1) and

(4) of section 661(d) of title 10, United States Code;

(ii) the fill by such officers of a required number

of critical billets, as prescribed by section 661(d)(2)

of such title;

(iii) the mandated fill by general and flag officers

of a minimum number of critical billets, as prescribed

by section 661(d)(3) of such title; and

(iv) current promotion policy objectives for officers

with the joint specialty, officers serving on the Joint

Staff, and officers serving in joint duty assignment

list positions, as prescribed by section 662 of such

title.

(C) Changes in policy and law required to provide

officers the required joint specialty qualification before promotion to general or flag officer grade.

(D) A determination of the number of reserve component officers who would be qualified for designation as

a joint specialty officer by reason of experience or education

if the standards of existing law, including waiver authorities, were applied to them, and recommendations for a

process for qualifying and employing future reserve component officers as joint specialty officers.

(c) MATTERS TO BE INCLUDED WITH RESPECT TO JOINT PROFESSIONAL MILITARY EDUCATION.—With respect to the joint professional

military education system, the entity conducting the independent

study shall provide for the following:

(1) The number of officers who under the current system

(A) qualified as joint specialty officers by attending joint professional military education programs before their first joint duty

assignment, (B) qualified as joint specialty officers after arriving

at their first joint duty assignment but before completing that

assignment, and (C) qualified as joint specialty officers without

any joint professional military education.

(2) Recommended initiatives (include changes in officer

personnel management law, if necessary) to provide incentives

and otherwise facilitate attendance at joint professional military

education programs before an officer’s first joint duty assignment.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1101

(3) Recommended goals for attendance at the Joint Forces

Staff College en route to a first joint duty assignment.

(4) An assessment of the continuing utility of statutory

requirements for use of officers following joint professional military education, as prescribed by section 662(d) of title 10,

United States Code.

(5) Determination of whether joint professional military

education programs should remain principally an in-resident,

multi-service experience and what role non-resident or distributive learning can or should play in future joint professional

military education programs.

(6) Examination of options for the length of and increased

capacity at Joint Forces Staff College, and whether other inresident joint professional military education sources should

be opened, and if opened, how they might be properly accredited

and overseen to provide instruction at the level of the program

designated as ‘‘joint professional military education’’.

(d) CHAIRMAN OF JOINT CHIEFS OF STAFF.—With respect to

the roles of the Secretary of Defense and the Chairman of the

Joint Chiefs of Staff, the entity conducting the independent study

shall—

(1) provide for an evaluation of the current roles of the

Secretary of Defense, the Chairman of the Joint Chiefs of

Staff, and joint staff in law, policy, and implementation with

regard to establishing and maintaining oversight of joint officer

management, career guidelines, and joint professional military

education; and

(2) make recommendations to improve and strengthen those

roles.

(e) REQUIREMENTS FOR STUDY ENTITY.—In providing for the

independent study required by subsection (a), the Secretary of

Defense shall ensure that the entity conducting the study—

(1) is not a Department of Defense organization; and

(2) shall, at a minimum, involve in the study, in an integral

way, the following persons:

(A) The Chairman of the Joint Chiefs of Staff and

available former Chairmen of the Joint Chiefs of Staff.

(B) Members and former members of the Joint Staff,

the Armed Forces, the Congress, and congressional staff

who are or who have been significantly involved in the

development, implementation, or modification of joint

officer management and joint professional military education.

(C) Experts in joint officer management and education

from civilian academic and research centers.

SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.

(a) EXECUTIVE AGENT FOR FUNDING.—(1) Effective beginning

with fiscal year 2003, the Secretary of Defense shall be the executive

agent for funding professional development education operations

of all components of the National Defense University, including

the Joint Forces Staff College. The Secretary may not delegate

the Secretary’s functions and responsibilities under the preceding

sentence to the Secretary of a military department.

(2) Nothing in this subsection affects policies in effect on the

date of the enactment of this Act with respect to—

Effective date.

10 USC 2162

note.

115 STAT. 1102 PUBLIC LAW 107–107—DEC. 28, 2001

(A) the reporting of the President of the National Defense

University to the Chairman of the Joint Chiefs of Staff; or

(B) provision of logistical and base operations support for

components of the National Defense University by the military

departments.

(b) PREPARATION OF BUDGET REQUESTS.—Section 2162(b) of

title 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and

(2) by inserting after paragraph (1) the following new paragraph:

‘‘(2) As executive agent for funding professional development

education at the National Defense University, including the Joint

Forces Staff College, the Secretary of Defense, with the advice

of the Chairman of the Joint Chiefs of Staff, shall prepare the

annual budget for professional development education operations

at the National Defense University and set forth that request

as a separate budget request in the materials submitted to Congress

in support of the budget request for the Department of Defense.

Nothing in the preceding sentence affects policies in effect on the

date of the enactment of this paragraph with respect to budgeting

for the funding of logistical and base operations support for components of the National Defense University through the military

departments.’’. (c) FUNDING SOURCE.—(1) Section 2165 of title 10, United States

Code, is amended by adding at the end the following new subsection:

‘‘(d) SOURCE OF FUNDS FOR PROFESSIONAL DEVELOPMENT EDUCATION OPERATIONS.—Funding for the professional development

education operations of the National Defense University shall be

provided from funds made available to the Secretary of Defense

from the annual appropriation ‘Operation and Maintenance,

Defense-wide’.’’.

(2) Subsection (d) of section 2165 of title 10, United States

Code, as added by paragraph (1), shall become effective beginning

with fiscal year 2003.

SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY TO

ENROLL CERTAIN PRIVATE SECTOR CIVILIANS.

(a) IN GENERAL.—(1) Chapter 108 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 2167. National Defense University: admission of private

sector civilians to professional military education

program

‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may

permit eligible private sector employees who work in organizations

relevant to national security to receive instruction at the National

Defense University in accordance with this section. No more than

the equivalent of 10 full-time student positions may be filled at

any one time by private sector employees enrolled under this section. Upon successful completion of the course of instruction in

which enrolled, any such private sector employee may be awarded

an appropriate diploma or degree under section 2165 of this title.

‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of

this section, an eligible private sector employee is an individual

employed by a private firm that is engaged in providing to the

Department of Defense or other Government departments or agencies significant and substantial defense-related systems, products,

Effective date.

10 USC 2165

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1103

or services or whose work product is relevant to national security

policy or strategy. A private sector employee admitted for instruction at the National Defense University remains eligible for such

instruction only so long as that person remains employed by the

same firm.

‘‘(c) ANNUAL CERTIFICATION BY SECRETARY OF DEFENSE.—Private sector employees may receive instruction at the National

Defense University during any academic year only if, before the

start of that academic year, the Secretary of Defense determines,

and certifies to the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under

this section during that year will further national security interests

of the United States. ‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of Defense shall

ensure that— ‘‘(1) the curriculum for the professional military education

program in which private sector employees may be enrolled

under this section is not readily available through other schools

and concentrates on national security relevant issues; and ‘‘(2) the course offerings at the National Defense University

continue to be determined solely by the needs of the Department

of Defense.

‘‘(e) TUITION.—The President of the National Defense University

shall charge students enrolled under this section a rate—

‘‘(1) that is at least the rate charged for employees of

the United States outside the Department of Defense, less

infrastructure costs, and

‘‘(2) that considers the value to the school and course of

the private sector student.

‘‘(f) STANDARDS OF CONDUCT.—While receiving instruction at

the National Defense University, students enrolled under this section, to the extent practicable, are subject to the same regulations

governing academic performance, attendance, norms of behavior,

and enrollment as apply to Government civilian employees receiving

instruction at the university.

‘‘(g) USE OF FUNDS.—Amounts received by the National Defense

University for instruction of students enrolled under this section

shall be retained by the university to defray the costs of such

instruction. The source, and the disposition, of such funds shall

be specifically identified in records of the university.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘2167. National Defense University: admission of private sector civilians to professional military education program.’’.

(b) EFFECTIVE DATE.—Section 2167 of title 10, United States

Code, as added by subsection (a), shall take effect on January

1, 2002.

SEC. 529. CONTINUATION OF RESERVE COMPONENT PROFESSIONAL

MILITARY EDUCATION TEST.

(a) CONTINUATION OF CONCEPT VALIDATION TEST.—During

fiscal year 2002, the Secretary of Defense shall continue the concept

validation test of Reserve component joint professional military

education that was begun in fiscal year 2001 at the National

Defense University.

10 USC 2167

note.

115 STAT. 1104 PUBLIC LAW 107–107—DEC. 28, 2001

(b) PILOT PROGRAM.—If the Secretary of Defense determines

that the results of the concept validation test referred to in subsection (a) warrant conducting a pilot program of the concept that

was the subject of the test, the Secretary shall conduct such a

pilot program during fiscal year 2003.

(c) FUNDING.—The Secretary shall provide funds for the concept

validation test under subsection (a) and for any pilot program

under subsection (b) from funds appropriated to the Secretary of

Defense in addition to those appropriated for operations of the

National Defense University.

Subtitle D—Military Education and

Training

SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE

CENTER.

(a) AUTHORITY TO CONFER ASSOCIATE OF ARTS DEGREE.—

Chapter 108 of title 10, United States Code, is amended by adding

after section 2167, as added by section 528(a)(1), the following

new section:

‘‘§ 2168. Defense Language Institute Foreign Language

Center: degree of Associate of Arts in foreign language

‘‘(a) Subject to subsection (b), the Commandant of the Defense

Language Institute may confer an Associate of Arts degree in a

foreign language upon any graduate of the Foreign Language Center

of the Institute who fulfills the requirements for that degree.

‘‘(b) A degree may be conferred upon a student under this

section only if the Provost of the Center certifies to the Commandant

that the student has satisfied all the requirements prescribed for

the degree.

‘‘(c) The authority provided by subsection (a) shall be exercised

under regulations prescribed by the Secretary of Defense.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating

to section 2167, as added by section 528(a)(2), the following new

item:

‘‘2168. Defense Language Institute Foreign Language Center: degree of Associate of

Arts in foreign language.’’.

SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO

AWARD DEGREE OF MASTER OF STRATEGIC STUDIES.

(a) MARINE CORPS WAR COLLEGE DEGREE.—Section 7102 of

title 10, United States Code, is amended—

(1) by redesignating subsection (b) as subsection (c); and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) MARINE CORPS WAR COLLEGE.—Upon the recommendation

of the Director and faculty of the Marine Corps War College of

the Marine Corps University, the President of the Marine Corps

University may confer the degree of master of strategic studies

upon graduates of the Marine Corps War College who fulfill the

requirements for that degree.’’.

(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such section is amended by striking ‘‘upon graduates’’ and all that follows

Regulations.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1105

and inserting ‘‘upon graduates of the Command and Staff College

who fulfill the requirements for that degree.’’. (2) Subsection (c) of such section, as redesignated by subsection

(a)(1), is amended by striking ‘‘subsection (a)’’ and inserting ‘‘subsections (a) and (b)’’. (3)(A) The heading of such section is amended to read as

follows:

‘‘§ 7102. Marine Corps University: masters degrees; board of

advisors’’.

(B) The item relating to such section in the table of sections

at the beginning of chapter 609 of such title is amended to read

as follows:

‘‘7102. Marine Corps University: masters degrees; board of advisors.’’.

(c) CODIFICATION OF REQUIREMENT FOR BOARD OF ADVISORS.— (1) Section 7102 of title 10, United States Code, as amended by

subsections (a) and (b), is further amended by adding at the end

the following new subsection: ‘‘(d) BOARD OF ADVISORS.—The Secretary of the Navy shall

establish a board of advisors for the Marine Corps University.

The Secretary shall ensure that the board is established so as

to meet all requirements of the appropriate regional accrediting

association.’’. (2) Section 912 of the National Defense Authorization Act for

Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 7102 note) is

repealed.

(d) EFFECTIVE DATE.—The authority to confer the degree of

master of strategic studies under section 7102(b) of title 10, United

States Code (as added by subsection (a)) may not be exercised

until the Secretary of Education determines, and certifies to the

President of the Marine Corps University, that the requirements

established by the Marine Corps War College of the Marine Corps

University for that degree are in accordance with generally

applicable requirements for a degree of master of arts. Upon receipt

of such a certification, the President of the University shall promptly

transmit a copy of the certification to the Committee on Armed

Services of the Senate and Committee on Armed Services of the

House of Representatives.

SEC. 533. FOREIGN STUDENTS ATTENDING THE SERVICE ACADEMIES.

(a) UNITED STATES MILITARY ACADEMY.—(1) Subsection (a)(1)

of section 4344 of title 10, United States Code, is amended by

striking ‘‘not more than 40 persons’’ and inserting ‘‘not more than

60 persons’’.

(2) Subsection (b) of such section is amended—

(A) in paragraph (2), by striking ‘‘unless a written waiver

of reimbursement is granted by the Secretary of Defense’’ in

the first sentence; and

(B) by striking paragraph (3) and inserting the following:

‘‘(3) The Secretary of Defense may waive, in whole or in part,

the requirement for reimbursement of the cost of instruction for

a cadet under paragraph (2). In the case of a partial waiver, the

Secretary shall establish the amount waived.’’.

(3) The amendments made by paragraph (2) shall not apply

with respect to any person who entered the United States Military

Academy to receive instruction under section 4344 of title 10, United

States Code, before the date of the enactment of this Act.

10 USC 4344

note.

Certification.

10 USC 7102

note.

Establishment.

115 STAT. 1106 PUBLIC LAW 107–107—DEC. 28, 2001

(b) UNITED STATES NAVAL ACADEMY.—(1) Subsection (a)(1) of

section 6957 of such title is amended by striking ‘‘not more than

40 persons’’ and inserting ‘‘not more than 60 persons’’. (2) Subsection (b) of such section is amended— (A) in paragraph (2), by striking ‘‘unless a written waiver

of reimbursement is granted by the Secretary of Defense’’ in

the first sentence; and

(B) by striking paragraph (3) and inserting the following: ‘‘(3) The Secretary of Defense may waive, in whole or in part,

the requirement for reimbursement of the cost of instruction for

a midshipman under paragraph (2). In the case of a partial waiver,

the Secretary shall establish the amount waived.’’. (3) The amendments made by paragraph (2) shall not apply

with respect to any person who entered the United States Naval

Academy to receive instruction under section 6957 of title 10, United

States Code, before the date of the enactment of this Act.

(c) UNITED STATES AIR FORCE ACADEMY.—(1) Subsection (a)(1)

of section 9344 of such title is amended by striking ‘‘not more

than 40 persons’’ and inserting ‘‘not more than 60 persons’’. (2) Subsection (b) of such section is amended— (A) in paragraph (2), by striking ‘‘unless a written waiver

of reimbursement is granted by the Secretary of Defense’’ in

the first sentence; and

(B) by striking paragraph (3) and inserting the following: ‘‘(3) The Secretary of Defense may waive, in whole or in part,

the requirement for reimbursement of the cost of instruction for

a cadet under paragraph (2). In the case of a partial waiver, the

Secretary shall establish the amount waived.’’. (3) The amendments made by paragraph (2) shall not apply

with respect to any person who entered the United States Air

Force Academy to receive instruction under section 9344 of title

10, United States Code, before the date of the enactment of this

Act.

(d) EFFECTIVE DATE.—The amendments made by this section

shall not apply with respect to any academic year that began

before the date of the enactment of this Act.

SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT AS A

CADET OR MIDSHIPMAN IN SENIOR RESERVE OFFICERS’

TRAINING CORPS SCHOLARSHIP PROGRAMS.

(a) GENERAL ROTC SCHOLARSHIP PROGRAM.—Section 2107(a)

of title 10, United States Code, is amended— (1) by striking ‘‘27 years of age on June 30’’ and inserting ‘‘31 years of age on December 31’’; and

(2) by striking ‘‘, except that’’ and all that follows through ‘‘on such date’’ the second place it appears.

(b) ARMY RESERVE AND ARMY NATIONAL GUARD ROTC SCHOL- ARSHIP PROGRAM.—Section 2107a(a)(1) of such title is amended— (1) by striking ‘‘27 years of age on June 30’’ and inserting ‘‘31 years of age on December 31’’; and

(2) by striking ‘‘, except that’’ and all that follows through ‘‘on such date’’ the second place it appears.

SEC. 535. PARTICIPATION OF REGULAR ENLISTED MEMBERS OF THE

ARMED FORCES IN SENIOR RESERVE OFFICERS’ TRAINING

CORPS PROGRAM.

(a) ELIGIBILITY.—Section 2104(b)(3) of title 10, United States

Code, is amended by striking ‘‘a reserve component of ’’.

10 USC 4344

note.

10 USC 9344

note.

10 USC 6957

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1107

(b) PAY RATE WHILE ON FIELD TRAINING OR PRACTICE CRUISE.— Section 209(c) of title 37, United States Code, is amended by

inserting before the period at the end the following: ‘‘, except that

the rate for a cadet or midshipman who is a member of the regular

component of an armed force shall be the rate of basic pay applicable

to the member under section 203 of this title’’.

SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF CERTAIN ROTC CADETS IN MILITARY JUNIOR COLLEGES

RECEIVING FINANCIAL ASSISTANCE.

(a) AUTHORITY TO MODIFY AGREEMENTS.—Subsection (b) of section 2107a of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

(2) by redesignating paragraphs (1), (2), (3), (4), (5), and

(6) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively;

(3) by designating the sentence following subparagraph

(F), as so redesignated, as paragraph (2); and

(4) by adding at the end the following new paragraph: ‘‘(3) In the case of a cadet under this section at a military

junior college, the Secretary may, at any time and with the consent

of the cadet concerned, modify an agreement described in paragraph

(1)(F) submitted by the cadet to reduce or eliminate the troop

program unit service obligation specified in the agreement and

to establish, in lieu of that obligation, an active duty service obligation. Such a modification may be made only if the Secretary determines that it is in the best interests of the United States to

do so.’’.

(b) RETROACTIVE APPLICATION.—The authority of the Secretary

of Defense under paragraph (3) of section 2107a(b) of title 10,

United States Code, as added by subsection (a), may be exercised

with regard to any agreement described in paragraph (1)(F) of

such section (including agreements related to participation in the

Advanced Course of the Army Reserve Officers’ Training Corps

at a military college or civilian institution) that was entered into

during the period beginning on January 1, 1991, and ending on

July 12, 2000 (in addition to any agreement described in that

paragraph that is entered into on or after the date of the enactment

of this Act).

(c) TECHNICAL AMENDMENT.—Subsection (h) of such section

is amended by striking ‘‘military college’’ in the second sentence

and inserting ‘‘military junior college’’.

SEC. 537. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE

OFFICERS’ TRAINING CORPS UNITS.

Section 2031(a)(1) of title 10, United States Code, is amended

by striking the second sentence.

SEC. 538. MODIFICATION OF NURSE OFFICER CANDIDATE ACCESSION

PROGRAM RESTRICTION ON STUDENTS ATTENDING EDUCATIONAL INSTITUTIONS WITH SENIOR RESERVE OFFICERS’ TRAINING PROGRAMS.

Section 2130a of title 10, United States Code, is amended— (1) in subsection (a)(2), by striking ‘‘that does not have

a Senior Reserve Officers’ Training Program established under

section 2102 of this title’’; and

(2) in subsection (b)(1), by inserting before the semicolon

at the end ‘‘or that has a Senior Reserve Officers’ Training

Program for which the student is ineligible’’.

10 USC 2107a

note.

115 STAT. 1108 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM

EXPANSION.

(a) PURPOSE OF PROGRAM.—Subsection (a) of section 16201

of title 10, United States Code, is amended—

(1) by striking ‘‘specialties critically needed in wartime’’;

(2) by striking ‘‘training in such specialties’’ and inserting

‘‘training that leads to a degree in medicine or dentistry or

training in a health professions specialty that is critically

needed in wartime’’; and

(3) by striking ‘‘training in certain health care specialties’’

and inserting ‘‘health care education and training’’.

(b) MEDICAL AND DENTAL STUDENT STIPEND.—Such section is

further amended—

(1) by redesignating subsections (b), (c), (d), and (e) as

subsections (c), (d), (e), and (f), respectively; and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) MEDICAL AND DENTAL SCHOOL STUDENTS.—(1) Under the

stipend program under this chapter, the Secretary of the military

department concerned may enter into an agreement with a person

who—

‘‘(A) is eligible to be appointed as an officer in a reserve

component;

‘‘(B) is enrolled or has been accepted for enrollment in

an institution in a course of study that results in a degree

in medicine or dentistry;

‘‘(C) signs an agreement that, unless sooner separated,

the person will—

‘‘(i) complete the educational phase of the program;

‘‘(ii) accept a reappointment or redesignation within

the person’s reserve component, if tendered, based upon

the person’s health profession, following satisfactory

completion of the educational and intern programs; and

‘‘(iii) participate in a residency program; and

‘‘(D) if required by regulations prescribed by the Secretary

of Defense, agrees to apply for, if eligible, and accept, if offered,

residency training in a health profession skill which has been

designated by the Secretary of Defense as a critically needed

wartime skill.

‘‘(2) Under the agreement—

‘‘(A) the Secretary of the military department concerned

shall agree to pay the participant a stipend, in the amount

determined under subsection (f), for the period or the remainder

of the period that the student is satisfactorily progressing

toward a degree in medicine or dentistry while enrolled in

an accredited medical or dental school;

‘‘(B) the participant shall not be eligible to receive such

stipend before appointment, designation, or assignment as an

officer for service in the Ready Reserve;

‘‘(C) the participant shall be subject to such active duty

requirements as may be specified in the agreement and to

active duty in time of war or national emergency as provided

by law for members of the Ready Reserve; and

‘‘(D) the participant shall agree to serve in the Selected

Reserve, upon successful completion of the program, for the

period of service applicable under paragraph (3).

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1109

‘‘(3)(A) Subject to subparagraph (B), the period for which a

participant is required to serve in the Selected Reserve under

the agreement pursuant to paragraph (2)(D) shall be one year

for each period of six months, or part thereof, for which the participant is provided a stipend pursuant to the agreement. ‘‘(B) In the case of a participant who enters into a subsequent

agreement under subsection (c) and successfully completes residency

training in a specialty designated by the Secretary of Defense

as a specialty critically needed by the military department in wartime, the requirement to serve in the Selected Reserve may be

reduced to one year for each year, or part thereof, for which the

stipend was provided while enrolled in medical or dental school.’’.

(c) WARTIME CRITICAL SKILLS.—Subsection (c) of such section

(as redesignated by subsection (b)(1)) is amended—

(1) by inserting ‘‘WARTIME’’ after ‘‘CRITICAL’’ in the heading;

and

(2) by inserting ‘‘or has been appointed as a medical or

dental officer in the Reserve of the armed force concerned’’

in paragraph (1)(B) before the semicolon at the end.

(d) SERVICE OBLIGATION REQUIREMENT.—Paragraph (2)(D) of

subsection (c) of such section (as redesignated by subsection (b)(1))

and paragraph (2)(D) of subsection (d) of such section (as so redesignated) are amended by striking ‘‘two years in the Ready Reserve

for each year,’’ and inserting ‘‘one year in the Ready Reserve for

each six months,’’.

(e) CROSS-REFERENCE.—Paragraph (2)(A) of subsection (c) of

such section (as redesignated by subsection (b)(1)) and paragraph

(2)(A) of subsection (d) of such section (as so redesignated) are

amended by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’.

SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS

OF CADETS AT THE UNITED STATES MILITARY ACADEMY.

(a) AUTHORITY.—The second sentence of section 4337 of title

10, United States Code, is amended by striking ‘‘the same allowances’’ and all that follows through ‘‘captain’’ and inserting ‘‘a

monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the first day of the first month beginning

on or after the date of the enactment of this Act.

Subtitle E—Recruiting and Accession

Programs

SEC. 541. 18-MONTH ENLISTMENT PILOT PROGRAM.

(a) IN GENERAL.—(1) Chapter 333 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 3264. 18-month enlistment pilot program

‘‘(a) During the pilot program period, the Secretary of the

Army shall carry out a pilot program with the objective of increasing

participation of prior service persons in the Selected Reserve and

providing assistance in building the pool of participants in the

Individual Ready Reserve.

‘‘(b) Under the program, the Secretary may, notwithstanding

section 505(c) of this title, accept persons for original enlistment

10 USC 4337

note.

115 STAT. 1110 PUBLIC LAW 107–107—DEC. 28, 2001

in the Army for a term of enlistment consisting of 18 months

service on active duty, to be followed by three years of service

in the Selected Reserve and then service in the Individual Ready

Reserve to complete the military service obligation. ‘‘(c) Under regulations and conditions established by the Secretary of the Army, a member enlisting under this section may,

at the end of the 18-month period of service on active duty under

that enlistment, be permitted to reenlist for continued service on

active duty in lieu of the service in the Selected Reserve and

the Individual Ready Reserve otherwise required under the terms

of the member’s enlistment. ‘‘(d) No more than 10,000 persons may be accepted for enlistment in the Army through the program under this section. ‘‘(e) A person enlisting in the Army through the program under

this section is eligible for an enlistment bonus under section 309

of title 37, notwithstanding the enlistment time period specified

in subsection (a) of that section. ‘‘(f) For purposes of this section, the pilot program period is

the period beginning on the date selected by the Secretary of the

Army for the commencement of the pilot program, which date

shall be not later than October 1, 2003, and ending on December

31, 2007. ‘‘(g) Not later than December 31, 2007, and December 31,

2012, the Secretary of the Army 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 the program

under this section. In each such report, the Secretary shall set

forth the views of the Secretary on the success of the program

in meeting the objectives stated in subsection (a) and whether

the program should be continued and, if so, whether it should

be modified or expanded.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘3264. 18-month enlistment pilot program.’’.

(b) IMPLEMENTATION REPORT.—The Secretary of the Army 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 the Secretary’s plan for implementation of section

3264 of title 10, United States Code, as added by subsection (a).

Such report shall be submitted not later than March 1, 2002.

SEC. 542. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST

PROGRAM.

(a) INCREASED MAXIMUM PERIOD OF DELAYED ENTRY.—Section

573 of the National Defense Authorization Act for Fiscal Year

2000 (Public Law 106–65; 113 Stat. 623; 10 U.S.C. 513 note) is

amended—

(1) in subsection (b)—

(A) by striking the matter preceding paragraph (1)

and inserting the following:

‘‘(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDU- CATION.—Under the pilot program, the Secretary may—

‘‘(1) exercise the authority under section 513 of title 10,

United States Code—’’;

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning those subparagraphs four ems from the left margin;

Deadline.

10 USC 3264

note.

Deadlines.

Reports.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1111

(C) at the end of subparagraph (A), as so redesignated,

by inserting ‘‘and’’ after the semicolon; and

(D) in subparagraph (B), as so redesignated, by striking ‘‘two years after the date of such enlistment as a Reserve

under paragraph (1)’’ and inserting ‘‘the maximum period

of delay determined for that person under subsection (c)’’;

and

(2) in subsection (c)—

(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (1)(B)’’;

(B) by striking ‘‘two-year period’’ and inserting ‘‘30-

month period’’; and

(C) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (1)(A)’’.

(b) ALLOWANCE ELIGIBILITY AND AMOUNT.—(1) Such section

is further amended— (A) in subsection (b), by striking paragraph (3) and

inserting the following: ‘‘(2) subject to paragraph (2) of subsection (d) and except

as provided in paragraph (3) of that subsection, pay an allowance to a person accepted for enlistment under paragraph (1)(A)

for each month of the period during which that person is

enrolled in and pursuing a program described in paragraph

(1)(B)’’; and

(B) in subsection (d)— (i) by redesignating paragraph (2) as paragraph (4);

(ii) by striking paragraph (1) and inserting the following new paragraphs:

‘‘(1) The monthly allowance paid under subsection (b)(2) shall

be equal to the amount of the subsistence allowance provided for

certain members of the Senior Reserve Officers’ Training Corps

with the corresponding number of years of participation under

section 209(a) of title 37, United States Code.

‘‘(2) An allowance may not be paid to a person under this

section for more than 24 months.

‘‘(3) A member of the Selected Reserve of a reserve component

may be paid an allowance under this section only for months

during which the member performs satisfactorily as a member

of a unit of the reserve component that trains as prescribed in

section 10147(a)(1) of title 10, United States Code, or section 502(a)

of title 32, United States Code. Satisfactory performance shall be

determined under regulations prescribed by the Secretary.’’.

(2) The heading for such subsection is amended by striking

‘‘AMOUNT OF’’.

(c) INELIGIBILITY FOR LOAN REPAYMENTS; RECOUPMENT.—Such

section is further amended—

(1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; and

(2) by inserting after subsection (d) the following new subsections:

‘‘(e) INELIGIBILITY FOR LOAN REPAYMENTS.—A person who has

received an allowance under this section is not eligible for any

benefits under chapter 109 of title 10, United States Code.

‘‘(f) RECOUPMENT OF ALLOWANCE.—(1) A person who, after

receiving an allowance under this section, fails to complete the

total period of service required of that person in connection with

delayed entry authorized for the person under section 513 of title

Regulations.

115 STAT. 1112 PUBLIC LAW 107–107—DEC. 28, 2001

10, United States Code, shall repay the United States the amount

which bears the same ratio to the total amount of that allowance

paid to the person as the unserved part of the total required

period of service bears to the total period.

‘‘(2) An obligation to repay the United States imposed under

paragraph (1) is for all purposes a debt owed to the United States.

‘‘(3) A discharge of a person in bankruptcy under title 11,

United States Code, that is entered less than five years after

the date on which the person was, or was to be, enlisted in the

regular Army pursuant to the delayed entry authority under section

513 of title 10, United States Code, does not discharge that person

from a debt arising under paragraph (1).

‘‘(4) The Secretary of the Army may waive, in whole or in

part, a debt arising under paragraph (1) in any case for which

the Secretary determines that recovery would be against equity

and good conscience or would be contrary to the best interests

of the United States.’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to persons who, on or after the date

of the enactment of this Act, are enlisted as described in subsection

(a) of section 513 of title 10, United States Code, with delayed

entry authorized under that section.

SEC. 543. CORRECTION AND EXTENSION OF CERTAIN ARMY

RECRUITING PILOT PROGRAM AUTHORITIES.

(a) CONTRACT RECRUITING INITIATIVES.—Subsection (d)(2) of

section 561 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–130) is amended—

(1) in subparagraphs (A) and (D), by inserting ‘‘and Army

Reserve’’ after ‘‘Regular Army’’; and

(2) in subparagraph (B), by striking ‘‘and chain of command’’.

(b) EXTENSION OF AUTHORITY.—Subsection (e) of such section

is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘September 30, 2007’’.

(c) EXTENSION OF TIME FOR REPORTS.—Subsection (g) of such

section is amended by striking ‘‘February 1, 2006’’ and inserting

‘‘February 1, 2008’’.

SEC. 544. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL

STUDENTS.

(a) ACCESS TO SECONDARY SCHOOLS.—Paragraph (1) of section

503(c) of title 10, United States Code, is amended to read as

follows:

‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1)(A) Each local educational agency receiving assistance under the Elementary and

Secondary Education Act of 1965—

‘‘(i) shall provide to military recruiters the same access

to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of

those students; and

‘‘(ii) shall, upon a request made by military recruiters for

military recruiting purposes, provide access to secondary school

student names, addresses, and telephone listings, notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)).

10 USC 503 note.

Applicability.

10 USC 513 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1113

‘‘(B) A local educational agency may not release a student’s

name, address, and telephone listing under subparagraph (A)(ii)

without the prior written consent of a parent of the student if

the student, or a parent of the student, has submitted a request

to the local educational agency that the student’s information not

be released for a purpose covered by that subparagraph without

prior written parental consent. Each local education agency shall

notify parents of the rights provided under the preceding sentence.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on July 1, 2002, immediately after the amendment

to section 503(c) of title 10, United States Code, made, effective

that date, by section 563(a) of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 (as enacted into law by

Public Law 106–398; 114 Stat. 1654A–131).

(c) NOTIFICATION.—The Secretary of Education shall provide

to local educational agencies notice of the provisions of subsection

(c) of section 503 of title 10, United States Code, as in effect

upon the amendments made by subsection (a). Such notice shall

be provided not later than 120 days after the date of the enactment

of this Act and shall be provided in consultation with the Secretary

of Defense.

SEC. 545. PERMANENT AUTHORITY FOR USE OF MILITARY

RECRUITING FUNDS FOR CERTAIN EXPENSES AT DEPARTMENT OF DEFENSE RECRUITING FUNCTIONS.

(a) REPEAL OF TERMINATION PROVISION.—Section 520c of title

10, United States Code, is amended by striking subsection (c).

(b) TECHNICAL AMENDMENTS.—Subsection (a) of such section

is amended—

(1) in paragraph (4), by striking ‘‘recruiting events’’ and

inserting ‘‘recruiting functions’’; and

(2) in paragraph (5), by striking ‘‘recruiting efforts’’ the

first place it appears and inserting ‘‘recruiting functions’’.

SEC. 546. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PREACCESSION TRAINING AND EDUCATION PROGRAMS.

(a) STUDY.—The Secretary of Defense shall conduct a review

of the health and disability benefit programs available to recruits

and officer candidates engaged in training, education, or other

types of programs while not yet on active duty and to cadets

and midshipmen attending the service academies. The review shall

be conducted with the participation of the Secretaries of the military

departments.

(b) REPORT.—Not later than March 1, 2002, the Secretary 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 the findings of the review. The report shall include

the following with respect to persons described in subsection (a):

(1) A statement of the process and detailed procedures

followed by each of the Armed Forces under the jurisdiction

of the Secretary of a military department to provide health

care and disability benefits to all such persons injured in

training, education, or other types of programs conducted by

the Secretary of a military department.

(2) Information on the total number of cases of such persons

requiring health care and disability benefits and the total

number of cases and average value of health care and disability

Deadline.

Deadline.

10 USC 503 note.

10 USC 503 note.

115 STAT. 1114 PUBLIC LAW 107–107—DEC. 28, 2001

benefits provided under the authority for each source of benefits

available to those persons.

(3) A discussion of the issues regarding health and disability benefits for such persons that are encountered by the

Secretary during the review, to include discussions with individuals who have received those benefits.

(4) A statement of the processes and detailed procedures

followed by each of the Armed Forces under the jurisdiction

of the Secretary of a military department to provide recruits

and officer candidates with succinct information on the eligibility requirements (including information on when they become

eligible) for health care benefits under the Defense health care

program, and the nature and availability of the benefits under

the program.

(5) A discussion of the necessity for legislative changes

and specific legislative proposals needed to improve the benefits

provided those persons.

(6) An analysis of health and disability benefits under

laws administered by the Department of Veterans Affairs and

the Department of Labor for which those persons become

eligible upon being injured in training or education and a

discussion of how those benefits compare to the benefits those

persons would receive if retired for physical disability by the

Department of Defense.

Subtitle F—Decorations, Awards, and

Posthumous Commissions

SEC. 551. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO

HUMBERT R. VERSACE, JON E. SWANSON, AND BEN L.

SALOMON FOR VALOR.

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time

limitations specified in section 3744 of title 10, United States Code,

or any other time limitation with respect to the awarding of certain

medals to persons who served in the military service, the President

may award the Medal of Honor under section 3741 of that title

to any of the persons named in subsections (b), (c), and (d) for

the acts of valor referred to in those respective subsections.

(b) HUMBERT R. VERSACE.—Subsection (a) applies with respect

to Humbert R. Versace, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty between

October 29, 1963, and September 26, 1965, while interned as a

prisoner of war by the Vietnamese Communist National Liberation

Front (Viet Cong) in the Republic of Vietnam.

(c) JON E. SWANSON.—Subsection (a) applies with respect to

Jon E. Swanson, for conspicuous acts of gallantry and intrepidity

at the risk of his life and beyond the call of duty on February

26, 1971, while piloting a Scout helicopter on a close-support reconnaissance mission in support of the Army of the Republic of Vietnam

Task Force 333 in the Kingdom of Cambodia.

(d) BEN L. SALOMON.—Subsection (a) applies with respect to

Ben L. Salomon, for conspicuous acts of gallantry and intrepidity

at the risk of his life and beyond the call of duty on July 7,

1944, while defending the soldiers under his care as the Surgeon,

2d Battalion, 105th Infantry Regiment, 27th Infantry Division

against an overwhelming enemy force at Saipan, Marianas Islands.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1115

SEC. 552. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN JEWISH AMERICAN AND HISPANIC AMERICAN WAR

VETERANS.

(a) REVIEW REQUIRED.—The Secretary of each military department shall review the service records of each Jewish American

war veteran or Hispanic American war veteran described in subsection (b) to determine whether that veteran should be awarded

the Medal of Honor.

(b) COVERED JEWISH AMERICAN WAR VETERANS AND HISPANIC

AMERICAN WAR VETERANS.—The Jewish American war veterans

and Hispanic American war veterans whose service records are

to be reviewed under subsection (a) are the following:

(1) Any Jewish American war veteran or Hispanic American war veteran who was awarded the Distinguished Service

Cross, the Navy Cross, or the Air Force Cross before the date

of the enactment of this Act.

(2) Any other Jewish American war veteran or Hispanic

American war veteran whose name is submitted to the Secretary concerned for such purpose before the end of the oneyear period beginning on the date of the enactment of this

Act.

(c) CONSULTATIONS.—In carrying out the review under subsection (a), the Secretary of each military department shall consult

with the Jewish War Veterans of the United States of America

and with such other veterans service organizations as the Secretary

considers appropriate.

(d) RECOMMENDATION BASED ON REVIEW.—If the Secretary concerned determines, based upon the review under subsection (a)

of the service records of any Jewish American war veteran or

Hispanic American war veteran, that the award of the Medal of

Honor to that veteran is warranted, the Secretary shall submit

to the President a recommendation that the President award the

Medal of Honor to that veteran.

(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal of Honor

may be awarded to a Jewish American war veteran or Hispanic

American war veteran in accordance with a recommendation of

the Secretary concerned under subsection (d).

(f) WAIVER OF TIME LIMITATIONS.—An award of the Medal

of Honor may be made under subsection (e) without regard to—

(1) section 3744, 6248, or 8744 of title 10, United States

Code, as applicable; and

(2) any regulation or other administrative restriction on—

(A) the time for awarding the Medal of Honor; or

(B) the awarding of the Medal of Honor for service

for which a Distinguished Service Cross, Navy Cross, or

Air Force Cross has been awarded.

(g) DEFINITION.—For purposes of this section, the term ‘‘Jewish

American war veteran’’ means any person who served in the Armed

Forces during World War II or a later period of war and who

identified himself or herself as Jewish on his or her military personnel records.

SEC. 553. AUTHORITY TO ISSUE DUPLICATE MEDALS OF HONOR AND

TO REPLACE STOLEN MILITARY DECORATIONS.

(a) ARMY.—(1)(A) Chapter 357 of title 10, United States Code,

is amended by adding at the end the following new section:

10 USC 3741

note.

115 STAT. 1116 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘§ 3754. Medal of honor: duplicate medal

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal

of honor with ribbons and appurtenances. Such duplicate medal

of honor shall be marked, in such manner as the Secretary of

the Army may determine, as a duplicate or for display purposes

only.’’.

(B) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘3754. Medal of honor: duplicate medal.’’.

(2) Section 3747 of such title is amended by striking ‘‘lost’’ and inserting ‘‘stolen, lost,’’. (b) NAVY AND MARINE CORPS.—(1)(A) Chapter 567 of title 10,

United States Code, is amended by adding at the end the following

new section:

‘‘§ 6256. Medal of honor: duplicate medal

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal

of honor with ribbons and appurtenances. Such duplicate medal

of honor shall be marked, in such manner as the Secretary of

the Navy may determine, as a duplicate or for display purposes

only.’’.

(B) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘6256. Medal of honor: duplicate medal.’’.

(2) Section 6253 of such title is amended by striking ‘‘lost’’

and inserting ‘‘stolen, lost,’’.

(c) AIR FORCE.—(1)(A) Chapter 857 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 8754. Medal of honor: duplicate medal

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal

of honor with ribbons and appurtenances. Such duplicate medal

of honor shall be marked, in such manner as the Secretary of

the Air Force may determine, as a duplicate or for display purposes

only.’’.

(B) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘8754. Medal of honor: duplicate medal.’’.

(2) Section 8747 of such title is amended by striking ‘‘lost’’ and inserting ‘‘stolen, lost,’’. (d) COAST GUARD.—(1)(A) Chapter 13 of title 14, United States

Code, is amended by inserting after section 503 the following new

section:

‘‘§ 504. Medal of honor: duplicate medal

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal

of honor with ribbons and appurtenances. Such duplicate medal

of honor shall be marked, in such manner as the Secretary may

determine, as a duplicate or for display purposes only.’’.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1117

(B) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 503

the following new item:

‘‘504. Medal of honor: duplicate medal.’’.

(2) Section 501 of such title is amended by inserting ‘‘stolen,’’

before ‘‘lost,’’.

(e) DEFINITION OF MEDAL OF HONOR FOR PURPOSES OF FEDERAL

UNAUTHORIZED-USE CRIME.—Section 704(b)(2)(B) of title 18, United

States Code, is amended to read as follows:

‘‘(B) As used in this subsection, ‘Congressional Medal of

Honor’ means—

‘‘(i) a medal of honor awarded under section 3741,

6241, or 8741 of title 10 or section 491 of title 14;

‘‘(ii) a duplicate medal of honor issued under section

3754, 6256, or 8754 of title 10 or section 504 of title

14; or

‘‘(iii) a replacement of a medal of honor provided under

section 3747, 6253, or 8747 of title 10 or section 501 of

title 14.’’.

SEC. 554. RETROACTIVE MEDAL OF HONOR SPECIAL PENSION.

(a) ENTITLEMENT.—Notwithstanding any other provision of law,

Robert R. Ingram of Jacksonville, Florida, who was awarded the

Medal of Honor pursuant to Public Law 105–103 (111 Stat. 2218),

shall be entitled to the special pension provided for under section

1562 of title 38, United States Code (and antecedent provisions

of law), for months that begin after March 1966.

(b) AMOUNT.—The amount of special pension payable under

subsection (a) for a month beginning before the date of the enactment of this Act shall be the amount of special pension provided

for by law for that month for persons entered and recorded in

the Army, Navy, Air Force, and Coast Guard Medal of Honor

Roll (or antecedent Medal of Honor Roll required by law).

SEC. 555. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN

DECORATIONS TO CERTAIN PERSONS.

(a) WAIVER.—Any limitation established by law or policy for

the time within which a recommendation for the award of a military

decoration or award must be submitted shall not apply to awards

of decorations described in this section, the award of each such

decoration having been determined by the Secretary concerned to

be warranted in accordance with section 1130 of title 10, United

States Code.

(b) SILVER STAR.—Subsection (a) applies to the award of the

Silver Star to Wayne T. Alderson, of Glassport, Pennsylvania, for

gallantry in action from March 15 to March 18, 1945, while serving

as a member of the Army.

(c) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to

the award of the Distinguished Flying Cross for service during

World War II (including multiple awards to the same individual)

in the case of each individual concerning whom the Secretary of

the Navy (or an officer of the Navy acting on behalf of the Secretary)

submitted to the Committee on Armed Services of the House of

Representatives and the Committee on Armed Services of the

Senate, during the period beginning on October 30, 2000, and

ending on the day before the date of the enactment of this Act,

a notice as provided in section 1130(b) of title 10, United States

Wayne T.

Alderson.

Robert R.

Ingram.

115 STAT. 1118 PUBLIC LAW 107–107—DEC. 28, 2001

Code, that the award of the Distinguished Flying Cross to that

individual is warranted and that a waiver of time restrictions

prescribed by law for recommendation for such award is recommended.

SEC. 556. SENSE OF CONGRESS ON ISSUANCE OF CERTAIN MEDALS.

It is the sense of Congress that the Secretary of Defense should

consider authorizing— (1) the issuance of a campaign medal, to be known as

the Korea Defense Service Medal, to each person who while

a member of the Armed Forces served in the Republic of Korea,

or the waters adjacent thereto, during the period beginning

on July 28, 1954, and ending on such date thereafter as the

Secretary considers appropriate;

(2) the issuance of a campaign medal, to be known as

the Cold War Service Medal, to each person who while a

member of the Armed Forces served satisfactorily on active

duty during the Cold War; and

(3) the award of the Vietnam Service Medal to any member

or former member of the Armed Forces who was awarded

the Armed Forces Expeditionary Medal for participation in

military operations designated as Operation Frequent Wind

arising from the evacuation of Vietnam on April 29 and 30,

1975.

SEC. 557. SENSE OF CONGRESS ON DEVELOPMENT OF A MORE COMPREHENSIVE, UNIFORM POLICY FOR THE AWARD OF

DECORATIONS TO MILITARY AND CIVILIAN PERSONNEL

OF THE DEPARTMENT OF DEFENSE.

(a) FINDINGS.—Congress makes the following findings:

(1) The role and importance of civilian nationals of the

United States as Federal employees and contractors in support

of operations of the Armed Forces worldwide has continued

to expand.

(2) The expanded role performed by those civilians, both

in the United States and overseas, has greatly increased the

risk to those civilians of injury and death from hostile actions

taken against United States Armed Forces, as demonstrated

by the terrorist attack on the Pentagon on September 11,

2001, in which scores of Department of Defense civilian and

contractor personnel were killed or wounded.

(3) On September 20, 2001, the Deputy Secretary of Defense

approved the creation of a new award, a medal for the defense

of freedom, to be awarded to civilians employed by the Department of Defense who are killed or wounded as a result of

hostile action and at the same time directed that a comprehensive review be conducted to develop a more uniform approach

to the award of decorations to military and civilian personnel

of the Department of Defense.

(b) COMMENDATION OF CREATION OF NEW AWARD.—Congress

commends the decision announced by the Deputy Secretary of

Defense on September 20, 2001, to approve the creation of a new

award, a medal for the defense of freedom, to be awarded to civilians

employed by the Department of Defense who are killed or wounded

as a result of hostile action.

(c) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Defense should act expeditiously to develop a

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1119

more comprehensive, uniform policy for the award of decorations

to military and civilian personnel of the Department of Defense.

SEC. 558. POSTHUMOUS ARMY COMMISSION IN THE GRADE OF CAPTAIN IN THE CHAPLAINS CORPS TO ELLA E. GIBSON FOR

SERVICE AS CHAPLAIN OF THE FIRST WISCONSIN HEAVY

ARTILLERY REGIMENT DURING THE CIVIL WAR.

The President is authorized and requested to posthumously

appoint Ella E. Gibson to the grade of captain in the Chaplains

Corps of the Army, the commission to issue as of the date of

her appointment as chaplain to the First Wisconsin Heavy Artillery

regiment during the Civil War and to be considered to have been

in effect during the time during which she faithfully performed

the services of a chaplain to that regiment and for which Congress

by law (Private Resolution 31 of the 40th Congress, approved March

3, 1869) previously provided for her to be paid the full pay and

emoluments of a chaplain in the United States Army as if she

had been regularly commissioned and mustered into service.

Subtitle G—Funeral Honors Duty

SEC. 561. PARTICIPATION OF MILITARY RETIREES IN FUNERAL

HONORS DETAILS.

(a) AUTHORITY.—Subsection (b)(2) of section 1491 of title 10,

United States Code, is amended— (1) in the first sentence, by inserting ‘‘(other than members

in a retired status)’’ after ‘‘members of the armed forces’’; and

(2) in the second sentence, by inserting ‘‘(including members in a retired status),’’ after ‘‘members of the armed forces’’. (b) FUNERAL HONORS DUTY ALLOWANCE.—Section 435(a) of title

37, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(a) ALLOWANCE AUTHOR- IZED.—’’; and

(2) by adding at the end the following new paragraph: ‘‘(2) The Secretary concerned may also authorize payment of

that allowance to a member of the armed forces in a retired status

for any day on which the member serves in a funeral honors

detail under section 1491 of title 10, if the time required for service

in such detail (including time for preparation) is not less than

two hours. The amount of an allowance paid to a member under

this paragraph shall be in addition to any other compensation

to which the member may be entitled under this title or title

10 or 38.’’.

SEC. 562. FUNERAL HONORS DUTY PERFORMED BY RESERVE AND

GUARD MEMBERS TO BE TREATED AS INACTIVE-DUTY

TRAINING FOR CERTAIN PURPOSES.

(a) RESERVE MEMBERS.—Section 12503(a) of title 10, United

States Code, is amended by adding at the end the following new

sentence: ‘‘Performance of funeral honors duty by a Reserve not

on active duty shall be treated as inactive-duty training (including

with respect to travel to and from such duty) for purposes of

any provision of law other than sections 206 and 435 of title

37.’’.

(b) NATIONAL GUARD MEMBERS.—Section 115(a) of title 32,

United States Code, is amended by adding at the end the following

new sentence: ‘‘Performance of funeral honors duty by such a

115 STAT. 1120 PUBLIC LAW 107–107—DEC. 28, 2001

member not on active duty or full-time National Guard duty shall

be treated as inactive-duty training (including with respect to travel

to and from such duty) for purposes of any provision of law other

than sections 206 and 435 of title 37.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply to funeral honors duty performed on or after October

30, 2000.

SEC. 563. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY

RESERVE MEMBERS AND NATIONAL GUARDSMEN.

Section 6323(a)(1) of title 5, United States Code, is amended

by inserting ‘‘funeral honors duty (as described in section 12503

of title 10 and section 115 of title 32),’’ after ‘‘(as defined in section

101 of title 37),’’.

SEC. 564. AUTHORITY TO PROVIDE APPROPRIATE ARTICLES OF

CLOTHING AS A CIVILIAN UNIFORM FOR CIVILIANS

PARTICIPATING IN FUNERAL HONOR DETAILS.

Section 1491(d) of title 10, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(3) Articles of clothing for members of a veterans organization or other organization referred to in subsection (b)(2) that,

as determined by the Secretary concerned, are appropriate

as a civilian uniform for persons participating in a funeral

honors detail.’’.

Subtitle H—Military Spouses and Family

Members

SEC. 571. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILITARY SPOUSES FOR JOB TRAINING AND EDUCATION.

(a) EXAMINATION OF EXISTING EMPLOYMENT ASSISTANCE PROGRAMS.—(1) The Secretary of Defense shall examine existing

Department of Defense and other Federal, State, and nongovernmental programs with the objective of improving retention of military personnel by increasing the employability of military spouses

and assisting those spouses in gaining access to financial and other

assistance for job training and education.

(2) In conducting the examination, the Secretary shall give

priority to facilitating and increasing access of military spouses

to existing Department of Defense, Federal, State, and nongovernmental sources for the types of financial assistance set forth in

paragraph (3), but shall also specifically assess whether the Department of Defense should begin a program for direct financial assistance to military spouses for some or all of those types of assistance

and whether such a program of direct financial assistance would

enhance retention.

(3) In conducting the examination pursuant to paragraph (1),

the Secretary should focus on financial assistance for military

spouses for one or more of the following purposes:

(A) Career-related education.

(B) Certification and license fees for employment-related

purposes.

(C) Apprenticeships and internships.

(D) Technical training.

(E) Training to improve job skills.

Applicability.

10 USC 12503

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1121

(F) Career counseling.

(G) Skills assessment.

(H) Job-search skills.

(I) Job-related transportation.

(J) Child care.

(K) Any additional employment-related purpose specified

by the Secretary for the purposes of the examination under

paragraph (1).

(4) Not later than March 30, 2002, the Secretary of Defense

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 the results of the examination under paragraph

(1).

(b) REVIEW OF DEPARTMENT OF DEFENSE POLICIES.—(1) The

Secretary of Defense shall review Department of Defense policies

that affect employment and education opportunities for military

spouses in the Department of Defense in order to further expand

those opportunities. The review shall include the consideration of

providing, to the extent authorized by law, separate spouse preferences for employment by appropriated and nonappropriated fund

operations.

(2) Not later than March 30, 2002, the Secretary of Defense

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 the results of the review under paragraph (1).

(c) SPOUSE EMPLOYMENT ASSISTANCE.—Section 1784 of title

10, United States Code, is amended by adding at the end the

following new subsections:

‘‘(d) SPACE-AVAILABLE USE OF FACILITIES FOR SPOUSE TRAINING

PURPOSES.—Under regulations prescribed by the Secretary of

Defense, the Secretary of a military department may make available

to a non-Department of Defense entity space in non-excess facilities

controlled by that Secretary for the purpose of the non-Department

of Defense entity providing employment-related training for military

spouses.

‘‘(e) EMPLOYMENT BY OTHER FEDERAL AGENCIES.—The Secretary of Defense shall work with the Director of the Office of

Personnel Management and the heads of other Federal departments

and agencies to expand and facilitate the use of existing Federal

programs and resources in support of military spouse employment.

‘‘(f) PRIVATE-SECTOR EMPLOYMENT.—The Secretary of Defense—

‘‘(1) shall seek to develop partnerships with firms in the

private sector to enhance employment opportunities for spouses

of members of the armed forces and to provide for improved

job portability for such spouses, especially in the case of the

spouse of a member of the armed forces accompanying the

member to a new geographical area because of a change of

permanent duty station of the member; and

‘‘(2) shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate

the formation of such partnerships.

‘‘(g) EMPLOYMENT WITH DOD CONTRACTORS.—The Secretary

of Defense shall examine and seek ways for incorporating hiring

preferences for qualified spouses of members of the armed forces

into contracts between the Department of Defense and privatesector entities.’’.

Regulations.

Deadline.

Reports.

Deadline.

Reports.

115 STAT. 1122 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 572. PERSONS AUTHORIZED TO BE INCLUDED IN SURVEYS OF

MILITARY FAMILIES REGARDING FEDERAL PROGRAMS.

(a) EXTENSION OF SURVEY AUTHORITY.—Subsection (a) of section

1782 of title 10, United States Code, is amended to read as follows:

‘‘(a) AUTHORITY.—The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military

families and the need for new programs, may conduct surveys

of—

‘‘(1) members of the armed forces who are on active duty,

in an active status, or retired;

‘‘(2) family members of such members; and

‘‘(3) survivors of deceased retired members and of members

who died while on active duty.’’.

(b) FEDERAL RECORDKEEPING REQUIREMENTS.—Subsection (c)

of such section is amended to read as follows:

‘‘(c) FEDERAL RECORDKEEPING REQUIREMENTS.—With respect

to a survey authorized under subsection (a) that includes a person

referred to in that subsection who is not an employee of the United

States or is not otherwise considered an employee of the United

States for the purposes of section 3502(3)(A)(i) of title 44, the

person shall be considered as being an employee of the United

States for the purposes of that section.’’.

SEC. 573. CLARIFICATION OF TREATMENT OF CLASSIFIED INFORMATION CONCERNING PERSONS IN A MISSING STATUS.

Section 1506(b)(2) of title 10, United States Code, is amended—

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

(2) by striking the period at the end and inserting ‘‘of

all missing persons from the conflict or period of war to which

the classified information pertains.’’; and

(3) by adding at the end the following new subparagraph:

‘‘(B) For purposes of subparagraph (A), information shall be

considered to be made reasonably accessible if placed in a separate

and distinct file that is available for review by persons specified

in subparagraph (A) upon the request of any such person either

to review the separate file or to review the personnel file of the

missing person concerned.’’.

SEC. 574. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN

OF PERSONS UNACCOUNTED FOR FROM CONFLICTS

AFTER WORLD WAR II.

(a) AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE

TRANSPORTATION.—Chapter 157 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 2647. Next-of-kin of persons unaccounted for from conflicts after World War II: transportation to annual

meetings

‘‘The Secretary of Defense may provide transportation for the

next-of-kin of persons who are unaccounted for from the Korean

conflict, the Cold War, Vietnam War era, or the Persian Gulf

War to and from an annual meeting in the United States. Such

transportation shall be provided under such regulations as the

Secretary of Defense may prescribe.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1123

‘‘2647. Next-of-kin of persons unaccounted for from conflicts after World War II:

transportation to annual meetings.’’.

SEC. 575. AMENDMENTS TO CHARTER OF DEFENSE TASK FORCE ON

DOMESTIC VIOLENCE.

(a) MEMBERS APPOINTED FROM PRIVATE SECTOR.—Subsection

(h)(1) of section 591 of the National Defense Authorization Act

for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 639; 10 U.S.C.

1562 note) is amended—

(1) by inserting ‘‘who is a member of the Armed Forces

or civilian officer or employee of the United States’’ after ‘‘Each

member of the task force’’;

(2) by striking ‘‘, but shall’’ and all that follows and

inserting a period; and

(3) by adding at the end the following new sentence: ‘‘Other

members of the task force shall be appointed in accordance

with, and subject to, section 3161 of title 5, United States

Code.’’.

(b) EXTENSION OF TERMINATION DATE.—Subsection (j) of such

section is amended by striking ‘‘three years after the date of the

enactment of this Act’’ and inserting ‘‘on April 24, 2003’’.

Subtitle I—Military Justice and Legal

Assistance Matters

SEC. 581. BLOOD ALCOHOL CONTENT LIMIT FOR THE OFFENSE

UNDER THE UNIFORM CODE OF MILITARY JUSTICE OF

DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT, OR

VESSEL.

Section 911 of title 10, United States Code (article 111 of

the Uniform Code of Military Justice), is amended—

(1) by inserting ‘‘(a)’’ before ‘‘Any person’’;

(2) by striking ‘‘0.10 grams’’ the first place it appears and

all that follows through ‘‘chemical analysis’’ and inserting ‘‘in

excess of the applicable limit under subsection (b)’’; and

(3) by adding at the end the following:

‘‘(b)(1) For purposes of subsection (a), the applicable limit on

the alcohol concentration in a person’s blood or breath is as follows:

‘‘(A) In the case of the operation or control of a vehicle,

aircraft, or vessel in the United States, such limit is the blood

alcohol content limit under the law of the State in which

the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in

more than one State and subject to the maximum blood alcohol

content limit specified in paragraph (3).

‘‘(B) In the case of the operation or control of a vehicle,

aircraft, or vessel outside the United States, the applicable

blood alcohol content limit is the maximum blood alcohol content limit specified in paragraph (3) or such lower limit as

the Secretary of Defense may by regulation prescribe.

‘‘(2) In the case of a military installation that is in more

than one State, if those States have different blood alcohol content

limits under their respective State laws, the Secretary may select

one such blood alcohol content limit to apply uniformly on that

installation.

115 STAT. 1124 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(3) For purposes of paragraph (1), the maximum blood alcohol

content limit with respect to alcohol concentration in a person’s

blood is 0.10 grams of alcohol per 100 milliliters of blood and

with respect to alcohol concentration in a person’s breath is 0.10

grams of alcohol per 210 liters of breath, as shown by chemical

analysis.

‘‘(4) In this subsection:

‘‘(A) The term ‘blood alcohol content limit’ means the maximum permissible alcohol concentration in a person’s blood

or breath for purposes of operation or control of a vehicle,

aircraft, or vessel.

‘‘(B) The term ‘United States’ includes the District of

Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, Guam, and American Samoa and the term ‘State’

includes each of those jurisdictions.’’.

SEC. 582. REQUIREMENT THAT COURTS-MARTIAL CONSIST OF NOT

LESS THAN 12 MEMBERS IN CAPITAL CASES.

(a) CLASSIFICATION OF GENERAL COURT-MARTIAL IN CAPITAL

CASES.—Section 816(1)(A) of title 10, United States Code (article

16(1)(A) of the Uniform Code of Military Justice) is amended by

inserting after ‘‘five members’’ the following: ‘‘or, in a case in which

the accused may be sentenced to a penalty of death, the number

of members determined under section 825a of this title (article

25a)’’.

(b) NUMBER OF MEMBERS REQUIRED.—(1) Chapter 47 of title

10, United States Code (the Uniform Code of Military Justice),

is amended by inserting after section 825 (article 25) the following

new section:

‘‘§ 825a. Art. 25a. Number of members in capital cases

‘‘In a case in which the accused may be sentenced to a penalty

of death, the number of members shall be not less than 12, unless

12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority

shall specify a lesser number of members not less than five, and

the court may be assembled and the trial held with not less than

the number of members so specified. In such a case, the convening

authority shall make a detailed written statement, to be appended

to the record, stating why a greater number of members were

not reasonably available.’’.

(2) The table of sections at the beginning of subchapter V

of such chapter is amended by inserting after the item relating

to section 825 (article 25) the following new item:

‘‘825a. 25a. Number of members in capital cases.’’.

(c) ABSENT AND ADDITIONAL MEMBERS.—Section 829(b) of such

title (article 29 of the Uniform Code of Military Justice) is

amended—

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

(2) by striking ‘‘five members’’ both places it appears and

inserting ‘‘the applicable minimum number of members’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) In this section, the term ‘applicable minimum number

of members’ means five members or, in a case in which the death

penalty may be adjudged, the number of members determined under

section 825a of this title (article 25a).’’.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1125

(d) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to offenses committed after December

31, 2002.

SEC. 583. ACCEPTANCE OF VOLUNTARY LEGAL ASSISTANCE FOR THE

CIVIL AFFAIRS OF MEMBERS AND FORMER MEMBERS OF

THE UNIFORMED SERVICES AND THEIR DEPENDENTS.

(a) AUTHORITY.—Subsection (a) of section 1588 of title 10,

United States Code, is amended by adding at the end the following

new paragraph: ‘‘(5) Legal services voluntarily provided as legal assistance

under section 1044 of this title.’’. (b) DEFENSE OF LEGAL MALPRACTICE.—Subsection (d)(1) of that

section is amended by adding at the end the following new subparagraph: ‘‘(E) Section 1054 of this title (relating to legal malpractice),

for a person voluntarily providing legal services accepted under

subsection (a)(5), as if the person were providing the services

as an attorney of a legal staff within the Department of

Defense.’’.

Subtitle J—Other Matters

SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE IN GROUND

COMBAT EXCLUSION POLICY.

Section 542(b) of the National Defense Authorization Act for

Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note) is

amended—

(1) in paragraph (1)— (A) by striking ‘‘not less than 90 days’’; and

(B) by adding at the end the following new sentence: ‘‘Such a change may then be implemented only after the

end of a period of 30 days of continuous session of Congress

(excluding any day on which either House of Congress

is not in session) following the date on which the report

is received.’’; and

(2) by adding at the end the following new paragraph:

‘‘(5) For purposes of this subsection, the continuity of a session

of Congress is broken only by an adjournment of the Congress

sine die.’’.

SEC. 592. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS

DEPLOYMENTS.

(a) FUNDING SOURCE FOR ALLOWANCE.—Section 436(a) of title

37, United States Code, is amended by adding at the end the

following new sentence: ‘‘The Secretary shall pay the allowance

from appropriations available for operation and maintenance for

the armed force in which the member serves.’’.

(b) EXPANDED REPORT REGARDING MANAGEMENT OF INDIVIDUAL

MEMBER DEPLOYMENTS.—Section 574(d) 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–138) is amended

in the second sentence by striking paragraphs (1) and (2) and

inserting the following new paragraphs:

‘‘(1) a discussion of the experience in tracking and recording

the deployments of members of the Armed Forces and the

payment of the per diem allowance for lengthy or numerous

10 USC 991 note.

10 USC 816 note.

115 STAT. 1126 PUBLIC LAW 107–107—DEC. 28, 2001

deployments in accordance with section 436 of title 37, United

States Code; ‘‘(2) specific comments regarding the effect of section 991

of title 10, United States Code, and section 436 of title 37,

United States Code, on the readiness of the Navy and Marine

Corps given the deployment intensive mission of these services;

and

‘‘(3) any recommendations for revision of section 991 of

title 10, United States Code, or section 436 of title 37, United

States Code, that the Secretary considers appropriate.’’.

SEC. 593. CLARIFICATION OF DISABILITY SEVERANCE PAY COMPUTATION.

(a) CLARIFICATION.—Section 1212(a)(2) of title 10, United States

Code, is amended by striking ‘‘for promotion’’ in subparagraph

(C) and the first place it appears in subparagraph (D).

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall apply with respect to members separated under section

1203 or 1206 of title 10, United States Code, on or after date

of the enactment of this Act.

SEC. 594. TRANSPORTATION OR STORAGE OF PRIVATELY OWNED

VEHICLES ON CHANGE OF PERMANENT STATION.

(a) ADVANCE PAYMENT OF STORAGE COSTS.—Subsection (b) of

section 2634 of title 10, United States Code, is amended by adding

at the end the following new paragraph:

‘‘(4) Storage costs payable under this subsection may be paid

in advance.’’.

(b) SHIPMENT ON PERMANENT CHANGE OF STATION WITHIN

CONUS.—Subsection (h)(1) of such section is amended by striking

‘‘includes’’ in the second sentence and all that follows and inserting

‘‘includes the following:

‘‘(A) An authorized change in home port of a vessel.

‘‘(B) A transfer or assignment between two permanent

stations in the continental United States when—

‘‘(i) the member cannot, because of injury or the

conditions of the order, drive the motor vehicle between

the permanent duty stations; or

‘‘(ii) the Secretary concerned determines that it

is advantageous and cost-effective to the United States

for one motor vehicle of the member to be transported

between the permanent duty stations.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

apply to orders to make a change of permanent station that are

issued on or after the date of the enactment of this Act.

SEC. 595. REPEAL OF REQUIREMENT FOR FINAL COMPTROLLER GENERAL REPORT RELATING TO ARMY END STRENGTH

ALLOCATIONS.

Section 552 of the National Defense Authorization Act for Fiscal

Year 1996 (Public Law 104–106; 110 Stat. 319; 10 U.S.C. 115

note) is repealed.

SEC. 596. CONTINUED DEPARTMENT OF DEFENSE ADMINISTRATION

OF NATIONAL GUARD CHALLENGE PROGRAM AND

DEPARTMENT OF DEFENSE STARBASE PROGRAM.

(a) NATIONAL GUARD CHALLENGE PROGRAM.—Section 509(b) of

title 32, United States Code, is amended—

Applicability.

10 USC 2634

note.

Applicability.

10 USC 1212

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1127

(1) in paragraph (2)(A), by striking ‘‘in a fiscal year’’ and

inserting ‘‘in fiscal year 2001 or 2002’’; and

(2) by adding at the end the following new paragraph: ‘‘(4) The Secretary of Defense shall remain the executive agent

to carry out the National Guard Challenge Program regardless

of the source of funds for the program or any transfer of jurisdiction

over the program within the executive branch. As provided in

subsection (a), the Secretary may use the National Guard to conduct

the program.’’. (b) STARBASE PROGRAM.—Section 2193b(f) of title 10, United

States Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and

(2) by adding at the end the following new paragraph: ‘‘(2) The Secretary of Defense shall remain the executive agent

to carry out the program regardless of the source of funds for

the program or any transfer of jurisdiction over the program within

the executive branch.’’. (c) REPEAL OF CONTINGENT FUNDING FOR JROTC.—(1) Section

2033 of title 10, United States Code, is repealed.

(2) The table of sections at the beginning of chapter 102 of

such title is amended by striking the item relating to section 2033.

(3) The amendments made by this subsection shall take effect

on October 1, 2002.

SEC. 597. REPORT ON DEFENSE SCIENCE BOARD RECOMMENDATION

ON ORIGINAL APPOINTMENTS IN REGULAR GRADES FOR

ACADEMY GRADUATES AND CERTAIN OTHER NEW OFFICERS.

The Secretary of Defense 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 the legislative and

policy changes required to implement the recommendation of the

Defense Science Board (made in its report entitled ‘‘Final Report

on Human Resources Strategy’’ and dated February 28, 2000) that

all officers be given initial regular commissions. The Secretary

shall include in that report a description of the measures necessary

to transition the current active-duty officer corps to an all-regular

status, if the Board’s recommendation were adopted, and shall

provide the Secretary’s position with regard to implementing that

recommendation. The report shall be submitted not later than six

months after the date of the enactment of this Act.

SEC. 598. SENSE OF CONGRESS REGARDING THE SELECTION OF OFFICERS FOR RECOMMENDATION FOR APPOINTMENT AS

COMMANDER, UNITED STATES TRANSPORTATION COMMAND.

(a) FINDINGS.—Congress makes the following findings:

(1) The Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433) envisioned that officers would be selected for recommendation to the President

for appointment as the commander of a combatant command

under chapter 6 of title 10, United States Code (as added

by that Act), on the basis of being the best qualified officer

for that position, rather than the best qualified officer of the

armed force that had historically supplied officers to serve

in that position.

(2) In order to provide for greater competition among the

Armed Forces for selection of officers for assignment as the

Deadline.

Effective date.

10 USC 2033

note.

115 STAT. 1128 PUBLIC LAW 107–107—DEC. 28, 2001

commanders of the combatant commands and assignment to

certain other joint positions in the grade of general or admiral,

Congress provided temporary relief from the limitation on the

number of officers serving on active duty in the grade of general

or admiral in section 405 of the National Defense Authorization

Act for Fiscal Year 1995 and thereafter extended that relief

until September 30, 2003, but has also required that the Secretary of Defense be furnished the name of at least one officer

from each of the Armed Forces for consideration for appointment to each such position.

(3) Most of the positions of commanders of the combatant

commands have been filled successively by officers of more

than one of the Armed Forces since the enactment of the

Goldwater-Nichols Department of Defense Reorganization Act

of 1986.

(4) However, general officers of the Air Force with only

limited experience in the transportation services have usually

filled the position of commander of the United States Transportation Command.

(5) The United States Transportation Command could benefit from the appointment of future commanders selected from

the Army, Navy and Marine Corps, in addition to the Air

Force.

(b) SENSE OF CONGRESS.—It is the sense of Congress that

the Secretary of Defense, when considering officers for recommendation to the President for appointment as commander of the United

States Transportation Command, should not rely upon officers of

one service which has traditionally provided officers to fill that

position but should select for such recommendation the best qualified officer of the Army, Navy, Air Force, or Marine Corps.

TITLE VI—COMPENSATION AND OTHER

PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Increase in basic pay for fiscal year 2002.

Sec. 602. Basic pay rate for certain reserve commissioned officers with prior service

as an enlisted member or warrant officer.

Sec. 603. Reserve component compensation for distributed learning activities performed as inactive-duty training. Sec. 604. Subsistence allowances.

Sec. 605. Eligibility for temporary housing allowance while in travel or leave status

between permanent duty stations. Sec. 606. Uniform allowance for officers.

Sec. 607. Family separation allowance for members electing unaccompanied tour by

reason of health limitations of dependents.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces.

Sec. 612. One-year extension of certain bonus and special pay authorities for nurse

officer candidates, registered nurses, and nurse anesthetists. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of other bonus and special pay authorities.

Sec. 615. Hazardous duty pay for members of maritime visit, board, search, and

seizure teams.

Sec. 616. Eligibility for certain career continuation bonuses for early commitment

to remain on active duty. Sec. 617. Secretarial discretion in prescribing submarine duty incentive pay rates.

Sec. 618. Conforming accession bonus for dental officers authority with authorities

for other special pay and bonuses.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1129

Sec. 619. Modification of eligibility requirements for Individual Ready Reserve

bonus for reenlistment, enlistment, or extension of enlistment.

Sec. 620. Installment payment authority for 15-year career status bonus.

Sec. 621. Accession bonus for new officers in critical skills.

Sec. 622. Education savings plan to encourage reenlistments and extensions of

service in critical specialties.

Sec. 623. Continuation of payment of special and incentive pay at unreduced rates

during stop loss periods.

Sec. 624. Retroactive authorization for imminent danger pay for service in connection with Operation Enduring Freedom.

Subtitle C—Travel and Transportation Allowances

Sec. 631. Minimum per diem rate for travel and transportation allowance for travel

performed upon a change of permanent station and certain other travel.

Sec. 632. Eligibility for payment of subsistence expenses associated with occupancy

of temporary lodging incident to reporting to first permanent duty station.

Sec. 633. Reimbursement of members for mandatory pet quarantine fees for household pets.

Sec. 634. Increased weight allowance for transportation of baggage and household

effects for junior enlisted members.

Sec. 635. Eligibility of additional members for dislocation allowance.

Sec. 636. Partial dislocation allowance authorized for housing moves ordered for

Government convenience.

Sec. 637. Allowances for travel performed in connection with members taking authorized leave between consecutive overseas tours.

Sec. 638. Travel and transportation allowances for family members to attend burial

of a deceased member of the uniformed services.

Sec. 639. Funded student travel for foreign study under an education program approved by a United States school.

Subtitle D—Retirement and Survivor Benefit Matters

Sec. 641. Contingent authority for concurrent receipt of military retired pay and

veterans’ disability compensation and enhancement of special compensation authority.

Sec. 642. Survivor Benefit Plan annuities for surviving spouses of members who die

while on active duty and not eligible for retirement.

Subtitle E—Other Matters

Sec. 651. Payment for unused leave in excess of 60 days accrued by members of reserve components on active duty for one year or less.

Sec. 652. Additional authority to provide assistance for families of members of the

Armed Forces.

Sec. 653. Authorization of transitional compensation and commissary and exchange

benefits for dependents of commissioned officers of the Public Health

Service and the National Oceanic and Atmospheric Administration who

are separated for dependent abuse.

Sec. 654. Transfer of entitlement to educational assistance under Montgomery GI

Bill by members of the Armed Forces with critical military skills.

Subtitle A—Pay and Allowances

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.

(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment

to become effective during fiscal year 2002 required by section

1009 of title 37, United States Code, in the rates of monthly basic

pay authorized members of the uniformed services shall not be

made.

31 USC 1009

note.

115 STAT. 1130 PUBLIC LAW 107–107—DEC. 28, 2001

(b) INCREASE IN BASIC PAY.—Effective on January 1, 2002,

the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows:

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00

O–8 .... 7,180.20 7,415.40 7,571.10 7,614.90 7,809.30

O–7 .... 5,966.40 6,371.70 6,371.70 6,418.20 6,657.90

O–6 .... 4,422.00 4,857.90 5,176.80 5,176.80 5,196.60

O–5 .... 3,537.00 4,152.60 4,440.30 4,494.30 4,673.10

O–4 .... 3,023.70 3,681.90 3,927.60 3,982.50 4,210.50

O–3 3 2,796.60 3,170.40 3,421.80 3,698.70 3,875.70

O–2 3 2,416.20 2,751.90 3,169.50 3,276.30 3,344.10

O–1 3 2,097.60 2,183.10 2,638.50 2,638.50 2,638.50

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00

O–8 .... 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30

O–7 .... 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10

O–6 .... 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70

O–5 .... 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80

O–4 .... 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70

O–3 3 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50

O–2 3 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10

O–1 3 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 $0.00 $11,601.90 $11,659.20 $11,901.30 $12,324.00

O–9 .... 0.00 10,147.50 10,293.60 10,504.80 10,873.80

O–8 .... 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00

O–7 .... 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70

O–6 .... 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20

O–5 .... 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80

O–4 .... 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60

O–3 3 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50

O–2 3 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10

O–1 3 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for

commissioned officers in pay grades O–7 through O–10 may not exceed the rate of pay for level

III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 2Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint

Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air

Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of

basic pay for this grade is $13,598.10, regardless of cumulative years of service computed

under section 205 of title 37, United States Code. 3This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have

been credited with over 4 years of active duty service as an enlisted member or warrant officer.

Effective date.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1131

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY

SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E $0.00 $0.00 $0.00 $3,698.70 $3,875.70

O–2E 0.00 0.00 0.00 3,276.30 3,344.10

O–1E 0.00 0.00 0.00 2,638.50 2,818.20

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E $4,070.10 $4,232.40 $4,441.20 $4,617.00 $4,717.50

O–2E 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40

O–1E 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E $4,855.20 $4,855.20 $4,855.20 $4,855.20 $4,855.20

O–2E 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40

O–1E 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30

WARRANT OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10

W–3 ... 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40

W–2 ... 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40

W–1 ... 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40

W–3 ... 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90

W–2 ... 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00

W–1 ... 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 ... $0.00 $4,965.60 $5,136.00 $5,307.00 $5,478.60

W–4 ... 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30

W–3 ... 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90

W–2 ... 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30

W–1 ... 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for

warrant officers may not exceed the rate of pay for level V of the Executive Schedule.

115 STAT. 1132 PUBLIC LAW 107–107—DEC. 28, 2001

ENLISTED MEMBERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 .. $0.00 $0.00 $0.00 $0.00 $0.00

E–8 .... 0.00 0.00 0.00 0.00 0.00

E–7 .... 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40

E–6 .... 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40

E–5 .... 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80

E–4 .... 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30

E–3 .... 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50

E–2 .... 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E–1 .... 3 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 .. $0.00 $3,423.90 $3,501.30 $3,599.40 $3,714.60

E–8 .... 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30

E–7 .... 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60

E–6 .... 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10

E–5 .... 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30

E–4 .... 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30

E–3 .... 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50

E–2 .... 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E–1 .... 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 .. $3,830.40 $3,944.10 $4,098.30 $4,251.30 $4,467.00

E–8 .... 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80

E–7 .... 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80

E–6 .... 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80

E–5 .... 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30

E–4 .... 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30

E–3 .... 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50

E–2 .... 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E–1 .... 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for

enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master

Chief Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the

Marine Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is

$5,382.90, regardless of cumulative years of service computed under section 205 of title 37,

United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active

duty, the rate of basic pay is $1,022.70.

SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED

OFFICERS WITH PRIOR SERVICE AS AN ENLISTED MEMBER

OR WARRANT OFFICER.

(a) SERVICE CREDIT.—Section 203(d) of title 37, United States

Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

(2) by striking ‘‘active service as a warrant officer or as

a warrant officer and an enlisted member’’ and inserting ‘‘service described in paragraph (2)’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) Service to be taken into account for purposes of computing

basic pay under paragraph (1) is as follows:

‘‘(A) Active service as a warrant officer or as a warrant

officer and an enlisted member, in the case of—

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1133

‘‘(i) a commissioned officer on active duty who is paid

from funds appropriated for active-duty personnel; or ‘‘(ii) a commissioned officer on active Guard and

Reserve duty.

‘‘(B) In the case of a commissioned officer (not referred

to in subparagraph (A)(ii)) who is paid from funds appropriated

for reserve personnel, service as a warrant officer, or as a

warrant officer and enlisted member, for which at least 1,460

points have been credited to the officer for the purposes of

section 12732(a)(2) of title 10.’’. (b) APPLICATION OF AMENDMENTS.—The amendments made by

subsection (a) shall apply with respect to months beginning on

or after the date of the enactment of this Act.

SEC. 603. RESERVE COMPONENT COMPENSATION FOR DISTRIBUTED

LEARNING ACTIVITIES PERFORMED AS INACTIVE-DUTY

TRAINING.

(a) COMPENSATION AUTHORIZED.—Section 206(d) of title 37,

United States Code, is amended— (1) by striking ‘‘This section’’ and inserting ‘‘(1) Except

as provided in paragraph (2), this section’’;

(2) by striking ‘‘an armed force’’ and inserting ‘‘a uniformed

service’’; and

(3) by adding at the end the following new paragraph: ‘‘(2) A member of the Selected Reserve of the Ready Reserve

may be paid compensation under this section at a rate and under

terms determined by the Secretary of Defense, but not to exceed

the rate otherwise applicable to the member under subsection (a),

upon the member’s successful completion of a course of instruction

undertaken by the member using electronic-based distributed

learning methodologies to accomplish training requirements related

to unit readiness or mobilization, as directed for the member by

the Secretary concerned. The compensation may be paid regardless

of whether the course of instruction was under the direct control

of the Secretary concerned or included the presence of an

instructor.’’. (b) DEFINITION OF INACTIVE-DUTY TRAINING.—Section 101(22)

of such title is amended by inserting after ‘‘but’’ the following: ‘‘(except as provided in section 206(d)(2) of this title)’’.

SEC. 604. SUBSISTENCE ALLOWANCES.

(a) BASELINE AMOUNT FOR CALCULATING ALLOWANCE FOR

ENLISTED MEMBERS.—Section 402(b) of title 37, United States Code,

is amended by adding at the end the following new paragraph: ‘‘(4) For purposes of implementing paragraph (2), the monthly

rate of basic allowance for subsistence that was in effect for an

enlisted member for calendar year 2001 is deemed to be $233.’’. (b) RATE FOR ENLISTED MEMBERS WHEN MESSING FACILITIES

NOT AVAILABLE.—(1) Notwithstanding section 402 of title 37, United

States Code, the Secretary of Defense, and the Secretary of

Transportation with respect to the Coast Guard when it is not

operating as a service in the Navy, may prescribe a rate of basic

allowance for subsistence to apply to enlisted members of the uniformed services when messing facilities of the United States are

not available. The rate may be higher than the rate of basic allowance for subsistence that would otherwise be applicable to the

members under that section, but may not be higher than the

highest rate that was in effect for enlisted members of the uniformed

37 USC 402 note.

37 USC 203 note.

115 STAT. 1134 PUBLIC LAW 107–107—DEC. 28, 2001

services under those circumstances before the date of the enactment

of this Act.

(2) Paragraph (1) shall cease to be effective on the first day

of the first month for which the basic allowance for subsistence

calculated for enlisted members of the uniformed services under

section 402 of title 37, United States Code, exceeds the rate of

the basic allowance for subsistence prescribed under paragraph

(1).

(c) CONTINUATION OF BAS TRANSITIONAL AUTHORITY.—Notwithstanding the repeal of subsections (c) through (f) of section 602

of the National Defense Authorization Act for Fiscal Year 1998

(Public Law 105–85; 37 U.S.C. 402 note) by section 603(c) 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–145), the basic allowance for subsistence shall be paid in

accordance with such subsections for October, November, and

December of 2001.

(d) ELIGIBILITY FOR SUPPLEMENTAL SUBSISTENCE ALLOWANCE.— Section 402a(b)(1) of title 37, United States Code, is amended

by inserting ‘‘with dependents’’ after ‘‘a member of the armed

forces’’.

SEC. 605. ELIGIBILITY FOR TEMPORARY HOUSING ALLOWANCE

WHILE IN TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS.

(a) REPEAL OF PAY GRADE LIMITATION.—Section 403(i) of title

37, United States Code, is amended by striking ‘‘who is in a pay

grade E–4 (4 or more years of service) or above’’.

(b) EFFECTIVE DATE; APPLICATION.—The amendment made by

this section shall take effect on January 1, 2003, and apply to

members of the uniformed services in a travel or leave status

between permanent duty stations on or after that date.

SEC. 606. UNIFORM ALLOWANCE FOR OFFICERS.

(a) RELATION TO INITIAL UNIFORM ALLOWANCE.—Section

416(b)(1) of title 37, United States Code, is amended by striking

‘‘$200’’ and inserting ‘‘$400’’. (b) EFFECTIVE DATE.—The amendment made by this section

shall take effect as of October 1, 2000.

SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS

ELECTING UNACCOMPANIED TOUR BY REASON OF

HEALTH LIMITATIONS OF DEPENDENTS.

(a) ENTITLEMENT TO ALLOWANCE.—Section 427(c) of title 37,

United States Code, is amended—

(1) by striking ‘‘A member’’ in the first sentence and

inserting ‘‘(1) Except as provided in paragraph (2) or (3), a

member’’;

(2) in the second sentence, by striking ‘‘The Secretary concerned may waive the preceding sentence’’ and inserting the

following:

‘‘(3) The Secretary concerned may waive paragraph (1)’’; and

(3) by inserting after the first sentence the following new

paragraph:

‘‘(2) The prohibition in the first sentence of paragraph (1) does

not apply to a member who elects to serve an unaccompanied

tour of duty because a dependent cannot accompany the member

to or at that permanent station for certified medical reasons.’’.

37 USC 416 note.

37 USC 403 note.

37 USC 402 note.

Termination

date.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1135

(b) APPLICATION OF AMENDMENT.—Paragraph (2) of section

427(c) of title 37, United States Code, as added by subsection

(a)(3), shall apply with respect to pay periods beginning on or

after January 1, 2002, for a member of the uniformed services

covered by such paragraph regardless of the date on which the

member first made the election to serve an unaccompanied tour

of duty.

Subtitle B—Bonuses and Special and

Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL

PAY AUTHORITIES FOR RESERVE FORCES.

(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY

SHORT WARTIME SPECIALTIES.—Section 302g(f ) of title 37, United

States Code, is amended by striking ‘‘December 31, 2001’’ and

inserting ‘‘December 31, 2002’’.

(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f )

of such title is amended by striking ‘‘December 31, 2001’’ and

inserting ‘‘December 31, 2002’’.

(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e)

of such title is amended by striking ‘‘December 31, 2001’’ and

inserting ‘‘December 31, 2002’’.

(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN

HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended

by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.

(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e)

of such title is amended by striking ‘‘December 31, 2001’’ and

inserting ‘‘December 31, 2002’’.

(f ) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.—

Section 308h(g) of such title is amended by striking ‘‘December

31, 2001’’ and inserting ‘‘December 31, 2002’’.

(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of such

title is amended by striking ‘‘December 31, 2001’’ and inserting

‘‘December 31, 2002’’.

(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section

16302(d) of title 10, United States Code, is amended by striking

‘‘January 1, 2002’’ and inserting ‘‘January 1, 2003’’.

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL

PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES,

REGISTERED NURSES, AND NURSE ANESTHETISTS.

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section

2130a(a)(1) of title 10, United States Code, is amended by striking

‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.

(b) ACCESSION BONUS FOR REGISTERED NURSES.—Section

302d(a)(1) of title 37, United States Code, is amended by striking

‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.

(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section

302e(a)(1) of title 37, United States Code, is amended by striking

‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.

37 USC 427 note.

115 STAT. 1136 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS

AUTHORITIES FOR NUCLEAR OFFICERS.

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING

PERIOD OF ACTIVE SERVICE.—Section 312(e) of such title is amended

by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. (b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of

such title is amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section

312c(d) of such title is amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.

SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY

AUTHORITIES.

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of

title 37, United States Code, is amended by striking ‘‘December

31, 2001’’ and inserting ‘‘December 31, 2002’’. (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section

308(g) of such title is amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. (c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e)

of such title is amended by striking ‘‘December 31, 2001’’ and

inserting ‘‘December 31, 2002’’. (d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY

SKILLS.—Section 323(i) of such title is amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.

SEC. 615. HAZARDOUS DUTY PAY FOR MEMBERS OF MARITIME VISIT,

BOARD, SEARCH, AND SEIZURE TEAMS.

(a) ADDITIONAL TYPE OF DUTY ELIGIBLE FOR PAY.—Section

301(a) of title 37, United States Code, is amended— (1) in paragraph (10), by striking ‘‘or’’ at the end;

(2) by redesignating paragraph (11) as paragraph (12);

and

(3) by inserting after paragraph (10) the following new

paragraph: ‘‘(11) involving regular participation as a member of a

team conducting visit, board, search, and seizure operations

aboard vessels in support of maritime interdiction operations;

or’’. (b) MONTHLY AMOUNT.—Subsection (c) of such section is

amended—

(1) in paragraph (1), by striking ‘‘(10)’’ and inserting ‘‘(11)’’;

and

(2) in paragraph (2)(A), by striking ‘‘(11)’’ and inserting ‘‘(12)’’. (c) APPLICATION OF AMENDMENT.—Paragraph (11) of section

301(a) of title 37, United States Code, as added by subsection

(a)(3), shall apply to duty described in such paragraph that is

performed on or after January 1, 2002.

SEC. 616. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION

BONUSES FOR EARLY COMMITMENT TO REMAIN ON

ACTIVE DUTY.

(a) AVIATION OFFICERS.—Section 301b(b)(4) of title 37, United

States Code, is amended by inserting before the period at the

end the following: ‘‘or is within one year of completing such commitment’’.

37 USC 301 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1137

(b) SURFACE WARFARE OFFICERS.—Section 319(a)(3) of such

title is amended by inserting before the period at the end the

following: ‘‘or is within one year of completing such commitment’’.

SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUBMARINE

DUTY INCENTIVE PAY RATES.

(a) AUTHORITY OF SECRETARY OF THE NAVY; MAXIMUM RATE.— Subsection (b) of section 301c of title 37, United States Code,

is amended to read as follows: ‘‘(b) MONTHLY RATES.—The Secretary of the Navy shall prescribe the monthly rates of submarine duty incentive pay, except

that the maximum monthly rate may not exceed $1,000.’’. (b) CONFORMING AND CLERICAL AMENDMENTS.—Such section

is further amended— (1) in subsection (a)— (A) by inserting ‘‘ELIGIBILITY REQUIREMENTS.—’’ after ‘‘(a)’’; and

(B) by striking ‘‘set forth in’’ each place it appears

and inserting ‘‘prescribed pursuant to’’;

(2) in subsection (c), by inserting ‘‘EXCEPTIONS.—’’ after

‘‘(c)’’; and

(3) in subsection (d)—

(A) by inserting ‘‘APPLICABILITY TO CERTAIN NAVAL

RESERVE DUTY.—’’ after ‘‘(d)’’; and

(B) by striking ‘‘authorized by’’ and inserting ‘‘prescribed pursuant to’’.

(c) TRANSITION.—The tables set forth in subsection (b) of section

301c of title 37, United States Code, as in effect on the day before

the date of the enactment of this Act, shall continue to apply

until the later of the following:

(1) January 1, 2002.

(2) The date on which the Secretary of the Navy prescribes

new submarine duty incentive pay rates as authorized by the

amendment made by subsection (a).

SEC. 618. CONFORMING ACCESSION BONUS FOR DENTAL OFFICERS

AUTHORITY WITH AUTHORITIES FOR OTHER SPECIAL PAY

AND BONUSES.

Section 302h(a)(1) of title 37, United States Code, is amended

by striking ‘‘the date of the enactment of this section, and ending

on September 30, 2002’’ and inserting ‘‘September 23, 1996, and

ending on December 31, 2002’’.

SEC. 619. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR INDIVIDUAL READY RESERVE BONUS FOR REENLISTMENT,

ENLISTMENT, OR EXTENSION OF ENLISTMENT.

(a) ELIGIBILITY BASED ON QUALIFICATIONS IN CRITICALLY SHORT

WARTIME SKILLS OR SPECIALTIES.—Subsection (a) of section 308h

of title 37, United States Code, is amended to read as follows:

‘‘(a) AUTHORITY AND ELIGIBILITY REQUIREMENTS.—(1) The Secretary concerned may pay a bonus as provided in subsection (b)

to an eligible person who reenlists, enlists, or voluntarily extends

an enlistment in a reserve component of an armed force for assignment to an element (other than the Selected Reserve) of the Ready

Reserve of that armed force if the reenlistment, enlistment, or

extension is for a period of three years, or for a period of six

years, beyond any other period the person is obligated to serve.

Applicability.

37 USC 301c

note.

115 STAT. 1138 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(2) A person is eligible for a bonus under this section if the

person—

‘‘(A) is or has been a member of an armed force;

‘‘(B) is qualified in a skill or specialty designated by the

Secretary concerned as a critically short wartime skill or critically short wartime specialty; and

‘‘(C) has not failed to complete satisfactorily any original

term of enlistment in the armed forces.

‘‘(3) For the purposes of this section, the Secretary concerned

may designate a skill or specialty as a critically short wartime

skill or critically short wartime specialty for an armed force under

the jurisdiction of the Secretary if the Secretary determines that—

‘‘(A) the skill or specialty is critical to meet wartime

requirements of the armed force; and

‘‘(B) there is a critical shortage of personnel in that armed

force who are qualified in that skill or specialty.’’.

(b) CLERICAL AMENDMENTS.—Such section is further amended—

(1) in subsection (b), by inserting ‘‘BONUS AMOUNTS; PAYMENT.—’’ after ‘‘(b)’’;

(2) in subsection (c), by inserting ‘‘REPAYMENT OF

BONUS.—’’ after ‘‘(c)’’;

(3) in subsection (d), by inserting ‘‘TREATMENT OF

REIMBURSEMENT OBLIGATION.—’’ after ‘‘(d)’’;

(4) in subsection (e), by inserting ‘‘EFFECT OF BANKRUPTCY.—’’ after ‘‘(e)’’;

(5) in subsection (f), by inserting ‘‘REGULATIONS.—’’ after

‘‘(f)’’; and

(6) in subsection (g), by inserting ‘‘TERMINATION OF

AUTHORITY.—’’ after ‘‘(g)’’.

(c) REGULATIONS.—Not later than 180 days after the date of

the enactment of this Act, the Secretaries of the military departments shall prescribe such regulations as may be necessary for

administering subsection (a) of section 308h of title 37, United

States Code, as amended by this section.

(d) APPLICATION OF AMENDMENT.—Subsection (a) of section

308h of title 37, United States Code, as amended by this section,

shall apply with respect to reserve component reenlistments, enlistments, and extensions of enlistments that are executed on or after

the first day of the first month that begins more than 180 days

after the date of the enactment of this Act. Subsection (a) of such

section 308h, as in effect on the day before the date of the enactment

of this Act, shall continue to apply with respect to reserve component reenlistments, enlistments, and extensions of enlistments that

are executed before the first day of that first month.

SEC. 620. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR CAREER

STATUS BONUS.

(a) MEMBER ELECTION.—Section 322(d) of title 37, United

States Code, is amended—

(1) in paragraph (1), by striking ‘‘paid in a single lump

sum of’’ and inserting ‘‘equal to’’;

(2) by redesignating paragraph (2) as paragraph (4), and

in such paragraph, by striking ‘‘The bonus’’ and inserting ‘‘The

lump sum payment of the bonus, and the first installment

payment in the case of members who elect to receive the bonus

in installments,’’; and

37 USC 308h

note.

Deadline.

37 USC 308h

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1139

(3) by inserting after paragraph (1) the following new paragraphs:

‘‘(2) A member electing to receive the bonus under this section

shall elect one of the following payment options:

‘‘(A) A single lump sum of $30,000.

‘‘(B) Two installments of $15,000 each.

‘‘(C) Three installments of $10,000 each.

‘‘(D) Four installments of $7,500 each.

‘‘(E) Five installments of $6,000 each.

‘‘(3) If a member elects installment payments under paragraph

(2), the second installment (and subsequent installments, as

applicable) shall be paid on the earlier of the following dates:

‘‘(A) The annual anniversary date of the payment of the

first installment.

‘‘(B) January 15 of each succeeding calendar year.’’.

(b) APPLICATION TO EXISTING AGREEMENTS.—The Secretary concerned (as defined in section 101(5) of title 37, United States Code)

shall extend to each member of the uniformed services who has

executed the written agreement required by subsection (a)(2) of

section 322 of such title before the date of the enactment of this

Act, but who has not received the lump sum payment by that

date, an opportunity to make the election authorized by subsection

(d) of such section, as amended by this section.

SEC. 621. ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS.

(a) BONUS AUTHORIZED.—Chapter 5 of title 37, United States

Code, is amended by adding at the end the following new section:

‘‘§ 324. Special pay: accession bonus for new officers in critical skills

‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regulations prescribed by the Secretary concerned, a person who executes a written

agreement to accept a commission as an officer of the armed forces

and serve on active duty in a designated critical officer skill for

the period specified in the agreement may, upon acceptance of

the agreement by the Secretary concerned, be paid an accession

bonus in an amount determined by the Secretary concerned.

‘‘(b) DESIGNATION OF CRITICAL OFFICER SKILLS.—(1) The Secretary concerned shall designate the critical officer skills for the

purposes of this section. A skill may be designated as a critical

officer skill for an armed force under this subsection if—

‘‘(1) in order to meet requirements of the armed force,

it is critical for the armed force to have a sufficient number

of officers who are qualified in that skill; and

‘‘(2) in order to mitigate a current or projected significant

shortage of personnel in the armed force who are qualified

in that skill, it is critical to access into that armed force

in sufficient numbers persons who are qualified in that skill

or are to be trained in that skill.

‘‘(c) LIMITATION ON AMOUNT OF BONUS.—The amount of an

accession bonus under subsection (a) may not exceed $60,000.

‘‘(d) PAYMENT METHOD.—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total

amount of the accession bonus payable under the agreement

becomes fixed. The agreement shall specify whether the accession

bonus will be paid by the Secretary in a lump sum or installments.

Regulations.

37 USC 322 note.

115 STAT. 1140 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(e) RELATION TO OTHER ACCESSION BONUS AUTHORITY.—An

individual may not receive an accession bonus under this section

and section 302d, 302h, 302j, or 312b of this title for the same

period of service.

‘‘(f) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE

OBLIGATED SERVICE.—(1) An individual who, after having received

all or part of the accession bonus under an agreement referred

to in subsection (a), fails to accept a commission as an officer

or to commence or complete the total period of active duty service

specified in the agreement shall repay to the United States the

amount that bears the same ratio to the total amount of the

bonus authorized for such person as the unserved part of the

period of agreed active duty service bears to the total period of

the agreed active duty service. However, the amount required to

be repaid by the individual may not exceed the amount of the

accession bonus that was paid to the individual. ‘‘(2) Subject to paragraph (3), an obligation to repay the United

States imposed under paragraph (1) is for all purposes a debt

owed to the United States. A discharge in bankruptcy under title

11 that is entered less than five years after the termination of

an agreement entered into under subsection (a) does not discharge

the individual signing the agreement from a debt arising under

such agreement or under paragraph (1). ‘‘(3) The Secretary concerned may waive, in whole or in part,

the repayment requirement under paragraph (1) on a case-by-case

basis if the Secretary concerned determines that repayment would

be against equity and good conscience or would be contrary to

the best interests of the United States.

‘‘(g) TERMINATION OF AUTHORITY.—No agreement under this

section may be entered into after December 31, 2002.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘324. Special pay: accession bonus for new officers in critical skills.’’.

SEC. 622. EDUCATION SAVINGS PLAN TO ENCOURAGE REENLISTMENTS AND EXTENSIONS OF SERVICE IN CRITICAL

SPECIALTIES.

(a) ESTABLISHMENT OF SAVINGS PLAN.—(1) Chapter 5 of title

37, United States Code, is amended by inserting after section 324,

as added by section 621, the following new section:

‘‘§ 325. Incentive bonus: savings plan for education expenses

and other contingencies

‘‘(a) BENEFIT AND ELIGIBILITY.—The Secretary concerned may

purchase United States savings bonds under this section for a

member of the armed forces who is eligible as follows:

‘‘(1) A member who, before completing three years of service

on active duty, enters into a commitment to perform qualifying

service.

‘‘(2) A member who, after completing three years of service

on active duty, but not more than nine years of service on

active duty, enters into a commitment to perform qualifying

service.

‘‘(3) A member who, after completing nine years of service

on active duty, enters into a commitment to perform qualifying

service.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1141

‘‘(b) QUALIFYING SERVICE.—For the purposes of this section,

qualifying service is service on active duty in a specialty designated

by the Secretary concerned as critical to meet requirements

(whether or not such specialty is designated as critical to meet

wartime or peacetime requirements) for a period that—

‘‘(1) is not less than six years; and

‘‘(2) does not include any part of a period for which the

member is obligated to serve on active duty under an enlistment

or other agreement for which a benefit has previously been

paid under this section.

‘‘(c) FORMS OF COMMITMENT TO ADDITIONAL SERVICE.—For the

purposes of this section, a commitment means—

‘‘(1) in the case of an enlisted member, a reenlistment;

and

‘‘(2) in the case of a commissioned officer, an agreement

entered into with the Secretary concerned.

‘‘(d) AMOUNTS OF BONDS.—The total of the face amounts of

the United States savings bonds authorized to be purchased for

a member under this section for a commitment shall be as follows:

‘‘(1) In the case of a purchase for a member under paragraph (1) of subsection (a), $5,000.

‘‘(2) In the case of a purchase for a member under paragraph (2) of subsection (a), the amount equal to the excess

of $15,000 over the total of the face amounts of any United

States savings bonds previously purchased for the member

under this section.

‘‘(3) In the case of a purchase for a member under paragraph (3) of subsection (a), the amount equal to the excess

of $30,000 over the total of the face amounts of any United

States savings bonds previously purchased for the member

under this section.

‘‘(e) TOTAL AMOUNT OF BENEFIT.—The total amount of the

benefit authorized for a member when United States savings bonds

are purchased for the member under this section by reason of

a commitment by that member shall be the sum of—

‘‘(1) the purchase price of the United States savings bonds;

and

‘‘(2) the amounts that would be deducted and withheld

for the payment of individual income taxes if the total amount

computed under this subsection for that commitment were paid

to the member as a bonus.

‘‘(f) AMOUNT WITHHELD FOR TAXES.—The total amount payable

for a member under subsection (e)(2) for a commitment by that

member shall be withheld, credited, and otherwise treated in the

same manner as amounts deducted and withheld from the basic

pay of the member.

‘‘(g) REPAYMENT FOR FAILURE TO COMPLETE OBLIGATED

SERVICE.—(1) If a person fails to complete the qualifying service

for which the person is obligated under a commitment for which

a benefit has been paid under this section, the person shall refund

to the United States the amount that bears the same ratio to

the total amount paid for the person (as computed under subsection

(e)) for that particular commitment as the uncompleted part of

the period of qualifying service bears to the total period of the

qualifying service for which obligated.

115 STAT. 1142 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(2) Subject to paragraph (3), an obligation to reimburse the

United States imposed under paragraph (1) is for all purposes

a debt owed to the United States. ‘‘(3) The Secretary concerned may waive, in whole or in part,

a refund required under paragraph (1) if the Secretary concerned

determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United

States. ‘‘(4) A discharge in bankruptcy under title 11 that is entered

less than five years after the termination of an enlistment or

other agreement under this section does not discharge the person

signing such enlistment or other agreement from a debt arising

under the enlistment or agreement, respectively, or this subsection. ‘‘(h) RELATIONSHIP TO OTHER SPECIAL PAYS.—The benefit

authorized under this section is in addition to any other bonus

or incentive or special pay that is paid or payable to a member

under any other provision of this chapter for any portion of the

same qualifying service.

‘‘(i) REGULATIONS.—This section shall be administered under

regulations prescribed by the Secretary of Defense for the armed

forces under his jurisdiction and by the Secretary of Transportation

for the Coast Guard when the Coast Guard is not operating as

a service in the Navy.’’. (2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 324,

as added by section 621(b), the following new item:

‘‘325. Incentive bonus: savings plan for education expenses and other contingencies.’’.

(b) APPLICATION OF AMENDMENT.—Section 325 of title 37,

United States Code, as added by subsection (a), shall apply with

respect to reenlistments and other agreements for qualifying service,

as described in that section, that are entered into on or after

October 1, 2001.

(c) FUNDING FOR FISCAL YEAR 2002.—Of the amount authorized

to be appropriated to the Department of Defense for military personnel for fiscal year 2002 by section 421, $20,000,000 may be

available in that fiscal year for the purchase of United States

savings bonds under section 325 of title 37, United States Code,

as added by subsection (a).

SEC. 623. CONTINUATION OF PAYMENT OF SPECIAL AND INCENTIVE

PAY AT UNREDUCED RATES DURING STOP LOSS PERIODS.

(a) AUTHORITY TO CONTINUE.—(1) Chapter 17 of title 37, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 909. Special and incentive pay: payment at unreduced

rates during suspension of personnel laws

‘‘(a) AUTHORITY TO CONTINUE PAYMENT AT UNREDUCED

RATES.—To ensure fairness and recognize the contributions of members of the armed forces to military essential missions, the Secretary

of the military department concerned may authorize members who

are involuntarily retained on active duty under section 123 or

12305 of title 10 or any other provision of law and who, immediately

before retention on active duty, were entitled or eligible for special

pay or incentive pay under chapter 5 of this title, to receive that

special pay or incentive pay for qualifying service performed during

37 USC 325 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1143

the retention period, without a reduction in the payment rate below

the rate the members received immediately before retention on

active duty, notwithstanding any requirement otherwise applicable

to that special pay or incentive pay that would reduce the payment

rate by reason of the years of service of the members.

‘‘(b) SUSPENSION DURING TIME OF WAR.—Subsection (a) does

not apply with respect to a special pay or incentive pay under

chapter 5 of this title, whenever the authority to provide that

special pay or incentive pay is suspended by the President or

the Secretary of Defense during a time of war. ‘‘(c) QUALIFYING SERVICE DEFINED.—In this section, the term ‘qualifying service’ means service for which a particular special

pay or incentive pay is payable under the authority of a provision

of chapter 5 of this title.’’. (2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘909. Special and incentive pay: payment at unreduced rates during suspension of

personnel laws.’’.

(b) APPLICATION OF AMENDMENTS.—Section 909 of title 37,

United States Code, as added by subsection (a)(1), shall apply

with respect to pay periods beginning after September 11, 2001.

SEC. 624. RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER

PAY FOR SERVICE IN CONNECTION WITH OPERATION

ENDURING FREEDOM.

(a) RETROACTIVE AUTHORIZATION.—The Secretary of Defense

may provide for the payment of imminent danger pay under section

310 of title 37, United States Code, to members of the Armed

Forces assigned to duty in the areas specified in subsection (b)

in connection with the contingency operation known as Operation

Enduring Freedom with respect to periods of duty served in those

areas during the period beginning on September 19, 2001, and

ending October 31, 2001.

(b) SPECIFIED AREAS.—The areas referred to in subsection (a)

are the following:

(1) The land areas of Kyrgyzstan, Oman, the United Arab

Emirates, and Uzbekistan.

(2) The Red Sea, the Gulf of Aden, the Gulf of Oman,

and the Arabian Sea (that portion north of 10° north latitude

and west of 68° east longitude).

Subtitle C—Travel and Transportation

Allowances

SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND TRANSPORTATION ALLOWANCE FOR TRAVEL PERFORMED UPON A

CHANGE OF PERMANENT STATION AND CERTAIN OTHER

TRAVEL.

Section 404(d) of title 37, United States Code, is amended

by adding at the end the following new paragraph:

‘‘(5) Effective January 1, 2003, the per diem rates established

under paragraph (2)(A) for travel performed in connection with

a change of permanent station or for travel described in paragraph

(2) or (3) of subsection (a) shall be equal to the standard per

diem rates established in the Federal travel regulation for travel

Effective date.

37 USC 310 note.

37 USC 909 note.

115 STAT. 1144 PUBLIC LAW 107–107—DEC. 28, 2001

within the continental United States of civilian employees and

their dependents, unless the Secretaries concerned determine that

a higher rate for members is more appropriate.’’.

SEC. 632. ELIGIBILITY FOR PAYMENT OF SUBSISTENCE EXPENSES

ASSOCIATED WITH OCCUPANCY OF TEMPORARY LODGING

INCIDENT TO REPORTING TO FIRST PERMANENT DUTY

STATION.

(a) INCLUSION OF OFFICERS.—Subsection (a)(2)(C) of section

404a of title 37, United States Code, is amended by striking ‘‘an

enlisted member’’ and inserting ‘‘a member’’.

(b) INCREASE IN MAXIMUM DAILY AUTHORIZED RATE.—Subsection (e) of such section is amended by striking ‘‘$110’’ and

inserting ‘‘$180’’.

(c) EFFECTIVE DATE; APPLICATION.—The amendments made by

this section shall take effect on January 1, 2002, and apply with

respect to an order issued on or after that date to a member

of the uniformed services to report to the member’s first permanent

duty station.

SEC. 633. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET

QUARANTINE FEES FOR HOUSEHOLD PETS.

(a) INCREASE IN MAXIMUM REIMBURSEMENT AMOUNT.—Section

406(a)(1) of title 37, United States Code, is amended in the last

sentence by striking ‘‘$275’’ and inserting ‘‘$550’’.

(b) APPLICATION OF AMENDMENT.—The amendment made by

subsection (a) shall apply with respect to the reimbursement of

members of the uniformed services for mandatory pet quarantine

fees incurred in connection with the mandatory quarantine of a

household pet underway on the date of the enactment of this

Act or beginning on or after that date.

SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION

OF BAGGAGE AND HOUSEHOLD EFFECTS FOR JUNIOR

ENLISTED MEMBERS.

(a) INCREASED WEIGHT ALLOWANCES.—The table in section

406(b)(1)(C) of title 37, United States Code, is amended—

(1) by striking the two footnotes; and

(2) by striking the items relating to pay grade E–1 through

E–4 and inserting the following new items:

‘‘E–4 ............................................................................................. 7,000 8,000 ‘‘E–3 ............................................................................................. 5,000 8,000 ‘‘E–2 ............................................................................................. 5,000 8,000 ‘‘E–1 ............................................................................................. 5,000 8,000’’.

(b) EFFECTIVE DATE; APPLICATION.—The amendments made by

this section shall take effect on January 1, 2003, and apply with

respect to an order in connection with a change of temporary

or permanent station issued on or after that date.

SEC. 635. ELIGIBILITY OF ADDITIONAL MEMBERS FOR DISLOCATION

ALLOWANCE.

(a) ELIGIBILITY FOR PRIMARY DISLOCATION ALLOWANCE.—Subsection (a) of section 407 of title 37, United States Code, is

amended—

(1) in paragraph (2), by adding at the end the following

new subparagraphs:

‘‘(F) A member whose dependents actually move from the

member’s place of residence in connection with the performance

37 USC 406 note.

37 USC 406 note.

37 USC 404a

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1145

of orders for the member to report to the member’s first permanent duty station if the move—

‘‘(i) is to the permanent duty station or a designated

location; and

‘‘(ii) is an authorized move.

‘‘(G) Each of two members married to each other who—

‘‘(i) is without dependents;

‘‘(ii) actually moves with the member’s spouse to a

new permanent duty station; and

‘‘(iii) is assigned to family quarters of the United States

at or in the vicinity of the new duty station.’’; and

(2) by adding at the end the following new paragraph:

‘‘(4) If a primary dislocation allowance is payable to two members described in paragraph (2)(G) who are married to each other,

the amount of the allowance payable to such members shall be

the amount otherwise payable under this subsection to the member

in the higher pay grade, or to either member if both members

are in the same pay grade. The allowance shall be paid jointly

to both members.’’.

(b) CONFORMING AMENDMENT.—Subsection (e) of such section

is amended by inserting ‘‘(except as provided in subsection (a)(2)(F))’’

after ‘‘first duty station’’.

(c) APPLICATION OF AMENDMENTS.—The amendments made by

this section shall apply with respect to an order issued on or

after January 1, 2002, in connection with a change of permanent

station or for a member of the uniformed services to report to

the member’s first permanent duty station.

SEC. 636. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED FOR

HOUSING MOVES ORDERED FOR GOVERNMENT CONVENIENCE.

(a) AUTHORIZATION OF PARTIAL DISLOCATION ALLOWANCE.—Section 407 of title 37, United States Code, is amended—

(1) by redesignating subsections (f) and (g) as subsections

(g) and (h), respectively; and

(2) by inserting after subsection (e) the following new subsection:

‘‘(f) PARTIAL DISLOCATION ALLOWANCE.—(1) Under regulations

prescribed by the Secretary concerned, a member ordered to occupy

or vacate family housing provided by the United States to permit

the privatization or renovation of housing or for any other reason

(other than pursuant to a permanent change of station) may be

paid a partial dislocation allowance of $500.

‘‘(2) Effective on the same date that the monthly rates of

basic pay for all members are increased under section 1009 of

this title or another provision of law, the Secretary of Defense

shall adjust the rate of the partial dislocation allowance authorized

by this subsection by the percentage equal to the average percentage

increase in the rates of basic pay.

‘‘(3) Subsections (c) and (d) do not apply to the partial dislocation allowance authorized by this subsection.’’.

(b) APPLICATION OF AMENDMENT.—Subsection (f) of title 37,

United States Code, as added by subsection (a)(2), shall apply

with respect to an order to move for a member of a uniformed

service that is issued on or after the date of the enactment of

this Act.

37 USC 407 note.

Effective date.

Regulations.

37 USC 407 note.

115 STAT. 1146 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 637. ALLOWANCES FOR TRAVEL PERFORMED IN CONNECTION

WITH MEMBERS TAKING AUTHORIZED LEAVE BETWEEN

CONSECUTIVE OVERSEAS TOURS.

Section 411b(a)(1) of title 37, United States Code, is amended

by striking ‘‘, or his designee, or to a place no farther distant

than his home of record’’.

SEC. 638. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY

MEMBERS TO ATTEND BURIAL OF A DECEASED MEMBER

OF THE UNIFORMED SERVICES.

(a) CONSOLIDATION OF AUTHORITIES.—Section 411f of title 37,

United States Code, is amended to read as follows:

‘‘§ 411f. Travel and transportation allowances: transportation for survivors of deceased member to attend

the member’s burial ceremonies

‘‘(a) ALLOWANCES AUTHORIZED.—(1) The Secretary concerned

may provide round trip travel and transportation allowances to

eligible relatives of a member of the uniformed services who dies

while on active duty or inactive duty in order that the eligible

relatives may attend the burial ceremony of the deceased member.

‘‘(2) The Secretary concerned may also provide round trip travel

and transportation allowances to an attendant who accompanies

an eligible relative provided travel and transportation allowances

under paragraph (1) for travel to the burial ceremony if the Secretary concerned determines that—

‘‘(A) the accompanied eligible relative is unable to travel

unattended because of age, physical condition, or other justifiable reason; and

‘‘(B) there is no other eligible relative of the deceased

member traveling to the burial ceremony who is eligible for

travel and transportation allowances under paragraph (1) and

is qualified to serve as the attendant.

‘‘(b) LIMITATIONS.—(1) Except as provided in paragraphs (2)

and (3), allowances under subsection (a) are limited to travel and

transportation to a location in the United States, Puerto Rico,

and the possessions of the United States and may not exceed

the rates for two days and the time necessary for such travel.

‘‘(2) If a deceased member was ordered or called to active

duty from a place outside the United States, Puerto Rico, or the

possessions of the United States, the allowances authorized under

subsection (a) may be provided to and from such place and may

not exceed the rates for two days and the time necessary for

such travel.

‘‘(3) If a deceased member is interred in a cemetery maintained

by the American Battle Monuments Commission, the travel and

transportation allowances authorized under subsection (a) may be

provided to and from such cemetery and may not exceed the rates

for two days and the time necessary for such travel.

‘‘(c) ELIGIBLE RELATIVES.—(1) The following members of the

family of a deceased member of the uniformed services are eligible

for the travel and transportation allowances under subsection (a)(1):

‘‘(A) The surviving spouse (including a remarried surviving

spouse) of the deceased member.

‘‘(B) The unmarried child or children of the deceased

member referred to in section 401(a)(2) of this title.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1147

‘‘(C) If no person described in subparagraph (A) or (B)

is provided travel and transportation allowances under subsection (a)(1), the parent or parents of the deceased member

(as defined in section 401(b)(2) of this title).

‘‘(2) If no person described in paragraph (1) is provided travel

and transportation allowances under subsection (a)(1), the travel

and transportation allowances may be provided to—

‘‘(A) the person who directs the disposition of the remains

of the deceased member under section 1482(c) of title 10, or,

in the case of a deceased member whose remains are commingled and buried in a common grave in a national cemetery,

the person who would have been designated under such section

to direct the disposition of the remains if individual identification had been made; and

‘‘(B) up to two additional persons closely related to the

deceased member who are selected by the person referred to

in subparagraph (A).

‘‘(d) EXPANDED ALLOWANCES RELATED TO RECOVERY OF

REMAINS FROM VIETNAM CONFLICT.—(1) The Secretary of Defense

may provide round trip travel and transportation allowances for

the family of a deceased member of the armed forces who died

while classified as a prisoner of war or as missing in action during

the Vietnam conflict and whose remains are returned to the United

States in order that the family members may attend the burial

ceremony of the deceased member.

‘‘(2) The allowances under paragraph (1) shall include round

trip transportation from the places of residence of such family

members to the burial ceremony and such living expenses and

other allowances as the Secretary of Defense considers appropriate.

‘‘(3) For purposes of paragraph (1), eligible family members

of the deceased member of the armed forces include the following:

‘‘(A) The surviving spouse (including a remarried surviving

spouse) of the deceased member.

‘‘(B) The child or children, including children described

in section 401(b)(1) of this title, of the deceased member. ‘‘(C) The parent or parents of the deceased member (as

defined in section 401(b)(2) of this title).

‘‘(D) If no person described in subparagraph (A), (B), or

(C) is provided travel and transportation allowances under

paragraph (1), any brothers, sisters, halfbrothers, halfsisters,

stepbrothers, and stepsisters of the deceased member.

‘‘(e) BURIAL CEREMONY DEFINED.—In this section, the term

‘burial ceremony’ includes the following:

‘‘(1) An interment of casketed or cremated remains.

‘‘(2) A placement of cremated remains in a columbarium.

‘‘(3) A memorial service for which reimbursement is authorized under section 1482(d)(2) of title 10.

‘‘(4) A burial of commingled remains that cannot be individually identified in a common grave in a national cemetery.

‘‘(f) REGULATIONS.—The Secretaries concerned shall prescribe

uniform regulations to carry out this section.’’. (b) REPEAL OF SUPERSEDED LAWS; CONFORMING AMENDMENT.—

(1) Section 1482 of title 10, United States Code, is amended by

striking subsection (d) and redesignating subsections (e), (f), and

(g) as subsections (d), (e), and (f), respectively.

(2) Section 1481(a)(9) of such title is amended by striking

‘‘section 1482(g)’’ and inserting ‘‘section 1482(f)’’.

115 STAT. 1148 PUBLIC LAW 107–107—DEC. 28, 2001

(3) The Funeral Transportation and Living Expense Benefits

Act of 1974 (Public Law 93–257; 37 U.S.C. 406 note) is repealed.

(c) APPLICATION OF AMENDMENT.—Section 411f of title 37,

United States Code, as amended by subsection (a), shall apply

with respect to burial ceremonies of deceased members of the uniformed services that occur on or after the date of the enactment

of this Act.

SEC. 639. FUNDED STUDENT TRAVEL FOR FOREIGN STUDY UNDER

AN EDUCATION PROGRAM APPROVED BY A UNITED

STATES SCHOOL.

(a) AVAILABILITY OF ALLOWANCE.—Subsection (a) of section 430

of title 37, United States Code, is amended to read as follows: ‘‘(a) AVAILABILITY OF ALLOWANCE.—(1) Under regulations prescribed by the Secretary of Defense, a member of a uniformed

service may be paid the allowance set forth in subsection (b) if

the member— ‘‘(A) is assigned to a permanent duty station outside the

continental United States; ‘‘(B) is accompanied by the member’s dependents at or

near that duty station (unless the member’s only dependents

are in the category of dependent described in paragraph (2));

and ‘‘(C) has an eligible dependent child described in paragraph

(2).

‘‘(2) An eligible dependent child of a member referred to in

paragraph (1)(C) is a child who—

‘‘(A) is under 23 years of age and unmarried;

‘‘(B) is enrolled in a school in the continental United States

for the purpose of obtaining a formal education; and

‘‘(C) is attending that school or is participating in a foreign

study program approved by that school and, pursuant to that

foreign study program, is attending a school outside the United

States for a period of not more than one year.’’.

(b) TYPE OF ALLOWANCE AUTHORIZED.—Subsection (b) of such

section is amended—

(1) by inserting ‘‘ALLOWANCE AUTHORIZED.—’’ after ‘‘(b)’’;

(2) in the first sentence of paragraph (1), by striking ‘‘each

unmarried dependent child,’’ and all that follows through ‘‘the

school being attended’’ and inserting ‘‘each eligible dependent

child of the member of one annual trip between the school

being attended by that child’’; and

(3) by adding at the end the following new paragraph:

‘‘(3) The transportation allowance paid under paragraph (1)

for an annual trip of an eligible dependent child who is attending

a school outside the United States may not exceed the transportation allowance that would be paid under this section for the

annual trip of that child between the child’s school in the continental

United States and the member’s duty station outside the continental

United States and return.’’.

(c) CLERICAL AND CONFORMING AMENDMENTS.—Such section

is further amended—

(1) in subsection (c), by inserting ‘‘USE OF AIRLIFT AND

SEALIFT COMMAND.—’’ after ‘‘(c)’’;

(2) in subsection (d)—

(A) by inserting ‘‘ATTENDANCE AT SCHOOL IN ALASKA

OR HAWAII.—’’ after ‘‘(d)’’; and

Regulations.

37 USC 411 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1149

(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘subsection (a)(2)’’;

(3) in subsection (e), by inserting ‘‘EXCEPTION.—’’ after ‘‘(e)’’;

and

(4) in subsection (f), by inserting ‘‘DEFINITIONS.—’’ after

‘‘(f)’’.

(d) APPLICATION OF AMENDMENTS.—The amendments made by

this section shall apply with respect to travel described in subsection

(b) of section 430 of title 37, United States Code, as amended

by this section, that commences on or after the date of the enactment of this Act.

Subtitle D—Retirement and Survivor

Benefit Matters

SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF

MILITARY RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION AND ENHANCEMENT OF SPECIAL COMPENSATION AUTHORITY.

(a) RESTORATION OF RETIRED PAY BENEFITS.—Chapter 71 of

title 10, United States Code, is amended by adding at the end

the following new section:

‘‘§ 1414. Members eligible for retired pay who have serviceconnected disabilities: payment of retired pay and

veterans’ disability compensation; contingent

authority

‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION.—

Subject to subsection (b), a member or former member of the uniformed services who is entitled to retired pay (other than as specified in subsection (c)) and who is also entitled to veterans’ disability

compensation is entitled to be paid both without regard to sections

5304 and 5305 of title 38, subject to the enactment of qualifying

offsetting legislation as specified in subsection (f).

‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIREES.—The

retired pay of a member retired under chapter 61 of this title

with 20 years or more of service otherwise creditable under section

1405 of this title at the time of the member’s retirement is subject

to reduction under sections 5304 and 5305 of title 38, but only

to the extent that the amount of the member’s retired pay under

chapter 61 of this title exceeds the amount of retired pay to which

the member would have been entitled under any other provision

of law based upon the member’s service in the uniformed services

if the member had not been retired under chapter 61 of this title.

‘‘(c) EXCEPTION.—Subsection (a) does not apply to a member

retired under chapter 61 of this title with less than 20 years

of service otherwise creditable under section 1405 of this title at

the time of the member’s retirement.

‘‘(d) DEFINITIONS.—In this section:

‘‘(1) The term ‘retired pay’ includes retainer pay, emergency

officers’ retirement pay, and naval pension.

‘‘(2) The term ‘veterans’ disability compensation’ has the

meaning given the term ‘compensation’ in section 101(12) of

title 38.

37 USC 430 note.

115 STAT. 1150 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(e) EFFECTIVE DATE.—If qualifying offsetting legislation (as

defined in subsection (f)) is enacted, the provisions of subsection

(a) shall take effect on— ‘‘(1) the first day of the first month beginning after the

date of the enactment of such qualifying offsetting legislation;

or ‘‘(2) the first day of the fiscal year that begins in the

calendar year in which such legislation is enacted, if that

date is later than the date specified in paragraph (1).

‘‘(f) EFFECTIVENESS CONTINGENT ON ENACTMENT OF OFFSETTING

LEGISLATION.—(1) The provisions of subsection (a) shall be effective

only if—‘‘(A) the President, in the budget for any fiscal year, proposes the enactment of legislation that, if enacted, would be

qualifying offsetting legislation; and ‘‘(B) after that budget is submitted to Congress, there is

enacted qualifying offsetting legislation.

‘‘(2) In this subsection: ‘‘(A) The term ‘qualifying offsetting legislation’ means legislation (other than an appropriations Act) that includes provisions that—

‘‘(i) offset fully the increased outlays to be made by

reason of the provisions of subsection (a) for each of the

first 10 fiscal years beginning after the date of the enactment of such legislation; ‘‘(ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and ‘‘(iii) are included in full on the PayGo scorecard. ‘‘(B) The term ‘PayGo scorecard’ means the estimates that

are made by the Director of the Congressional Budget Office

and the Director of the Office of Management and Budget

under section 252(d) of the Balanced Budget and Emergency

Deficit Control Act of 1985 (2 U.S.C. 902(d)) with respect to

the ten fiscal years following the date of the enactment of

the legislation that is qualifying offsetting legislation for purposes of this section.’’. (b) CONFORMING TERMINATION OF SPECIAL COMPENSATION PRO- GRAM.—Section 1413(a) of such title is amended by adding at the

end the following new sentence: ‘‘If the provisions of subsection

(a) of section 1414 of this title become effective in accordance

with subsection (f) of that section, payments under this section

shall be terminated effective as of the month beginning on the

effective date specified in subsection (e) of that section.’’. (c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘1414. Members eligible for retired pay who have service-connected disabilities: payment of retired pay and veterans’ disability compensation; contingent authority.’’.

(d) PROHIBITION OF RETROACTIVE BENEFITS.—If the provisions

of subsection (a) of section 1414 of title 10, United States Code,

becomes effective in accordance with subsection (f) of that section,

no benefit may be paid to any person by reason of those provisions

for any period before the effective date specified in subsection

(e) of that section.

(e) ENHANCEMENT OF SPECIAL COMPENSATION AUTHORITY.—

(1) Subsection (b) of section 1413 of title 10, United States Code,

10 USC 1414

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1151

is amended by striking paragraphs (1), (2), and (3) and inserting

the following:

‘‘(1) For payments for months beginning with February

2002 and ending with December 2002, the following:

‘‘(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $300.

‘‘(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $200.

‘‘(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent or

70 percent, $100.

‘‘(D) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50.

‘‘(2) For payments for months beginning with January 2003

and ending with September 2004, the following:

‘‘(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $325.

‘‘(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $225.

‘‘(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent, $125.

‘‘(D) For any month for which the retiree has a qualifying service-connected disability rated as 70 percent, $100.

‘‘(E) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50.

‘‘(3) For payments for months after September 2004, the

following:

‘‘(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $350.

‘‘(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $250.

‘‘(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent, $150.

‘‘(D) For any month for which the retiree has a qualifying service-connected disability rated as 70 percent, $125.

‘‘(E) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50.’’.

(2) Subsection (d)(2) of such section is amended by striking

‘‘70 percent’’ and inserting ‘‘60 percent’’.

(3) The amendments made by this subsection shall take effect

on February 1, 2002.

SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING

SPOUSES OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY

AND NOT ELIGIBLE FOR RETIREMENT.

(a) SURVIVING SPOUSE ANNUITY.—Paragraph (1) of section

1448(d) of title 10, United States Code, is amended to read as

follows:

‘‘(1) SURVIVING SPOUSE ANNUITY.—The Secretary concerned

shall pay an annuity under this subchapter to the surviving

spouse of—

‘‘(A) a member who dies while on active duty after—

‘‘(i) becoming eligible to receive retired pay;

‘‘(ii) qualifying for retired pay except that the

member has not applied for or been granted that pay;

or

Effective date.

10 USC 1413

note.

115 STAT. 1152 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(iii) completing 20 years of active service but

before the member is eligible to retire as a commissioned officer because the member has not completed

10 years of active commissioned service; or

‘‘(B) a member not described in subparagraph (A) who

dies in line of duty while on active duty.’’.

(b) COMPUTATION OF ANNUITY.—Section 1451(c)(1) of such title

is amended—

(1) in subparagraph (A)—

(A) by striking ‘‘based upon his years of active service

when he died.’’ and inserting ‘‘when he died determined

as follows:

‘‘(i) In the case of an annuity provided under section 1448(d) of this title (other than in a case covered

by clause (ii)), such retired pay shall be computed

as if the member had been retired under section 1201

of this title on the date of the member’s death with

a disability rated as total.

‘‘(ii) In the case of an annuity provided under

section 1448(d)(1)(A) of this title by reason of the death

of a member not in line of duty, such retired pay

shall be computed based upon the member’s years

of active service when he died.

‘‘(iii) In the case of an annuity provided under

section 1448(f) of this title, such retired pay shall be

computed based upon the member or former member’s

years of active service when he died computed under

section 12733 of this title.’’; and

(2) in subparagraph (B)(i), by striking ‘‘if the member or

former member’’ and all that follows and inserting ‘‘as determined under subparagraph (A).’’.

(c) CONFORMING AMENDMENTS.—(1) The heading for subsection

(d) of section 1448 of such title is amended by striking ‘‘RETIREMENTELIGIBLE’’.

(2) Subsection (c)(3) of section 1451 of such title is amended

by striking ‘‘1448(d)(1)(B) or 1448(d)(1)(C)’’ and inserting ‘‘clause

(ii) or (iii) of section 1448(d)(1)(A)’’.

(d) EFFECTIVE DATE.—The amendments made by this section

shall take effect as of September 10, 2001, and shall apply with

respect to deaths of members of the Armed Forces occurring on

or after that date.

Subtitle E—Other Matters

SEC. 651. PAYMENT FOR UNUSED LEAVE IN EXCESS OF 60 DAYS

ACCRUED BY MEMBERS OF RESERVE COMPONENTS ON

ACTIVE DUTY FOR ONE YEAR OR LESS.

(a) ELIGIBILITY.—Section 501(b)(5) of title 37, United States

Code, is amended by—

(1) striking ‘‘or’’ at the end of subparagraph (B);

(2) striking the period at the end of subparagraph (C)

and inserting ‘‘; or’’; and

(3) adding at the end the following new subparagraph:

‘‘(D) by a member of a reserve component while serving

on active duty, full-time National Guard duty, or active duty

Applicability.

10 USC 1448

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1153

for training for a period of more than 30 days but not in

excess of 365 days.’’. (b) APPLICATION OF AMENDMENT.—Subparagraph (D) of section

501(b)(5) of title 37, United States Code, as added by subsection

(a)(3), shall apply with respect to periods of active duty beginning

on or after October 1, 2001.

SEC. 652. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR

FAMILIES OF MEMBERS OF THE ARMED FORCES.

(a) AUTHORITY.—During fiscal year 2002, the Secretary of

Defense may provide assistance for families of members of the

Armed Forces serving on active duty in order to ensure that the

children of such members obtain needed child care, education, and

other youth services.

(b) PRIMARY PURPOSE OF ASSISTANCE.—The assistance authorized by this section should be directed primarily toward providing

needed family support, including child care, education, and other

youth services, for children of members of the Armed Forces who

are deployed, assigned to duty, or ordered to active duty in connection with the contingency operation known as Operation Enduring

Freedom.

SEC. 653. AUTHORIZATION OF TRANSITIONAL COMPENSATION AND

COMMISSARY AND EXCHANGE BENEFITS FOR DEPENDENTS OF COMMISSIONED OFFICERS OF THE PUBLIC

HEALTH SERVICE AND THE NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION WHO ARE SEPARATED

FOR DEPENDENT ABUSE.

(a) COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE.—

Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a))

is amended by adding at the end the following new paragraph:

‘‘(17) Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse.’’.

(b) COMMISSIONED OFFICERS OF THE NATIONAL OCEANIC AND

ATMOSPHERIC ADMINISTRATION.—Section 3(a) of the Act entitled

‘‘An Act to revise, codify, and enact into law, title 10 of the United

States Code, entitled ‘Armed Forces’, and title 32 of the United

States Code, entitled ‘National Guard’ ’’, approved August 10, 1956

(33 U.S.C. 857a(a)), is amended by adding at the end the following

new paragraph:

‘‘(17) Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse.’’.

SEC. 654. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL BY MEMBERS OF THE

ARMED FORCES WITH CRITICAL MILITARY SKILLS.

(a) AUTHORITY TO TRANSFER TO FAMILY MEMBERS.—(1) Subchapter II of chapter 30 of title 38, United States Code, is amended

by adding at the end the following new section:

‘‘§ 3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical

military skills

‘‘(a) IN GENERAL.—Subject to the provisions of this section,

each Secretary concerned may, for the purpose of enhancing recruitment and retention of members of the Armed Forces with critical

37 USC 501 note.

115 STAT. 1154 PUBLIC LAW 107–107—DEC. 28, 2001

military skills and at such Secretary’s sole discretion, permit an

individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to

one or more of the dependents specified in subsection (c) a portion

of such individual’s entitlement to such assistance, subject to the

limitation under subsection (d).

‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in subsection (a) is any member of the Armed Forces who, at the time

of the approval by the Secretary concerned of the member’s request

to transfer entitlement to basic educational assistance under this

section—

‘‘(1) has completed six years of service in the Armed Forces;

‘‘(2) either—

‘‘(A) has a critical military skill designated by the

Secretary concerned for purposes of this section; or

‘‘(B) is in a military specialty designated by the Secretary concerned for purposes of this section as requiring

critical military skills; and

‘‘(3) enters into an agreement to serve at least four more

years as a member of the Armed Forces.

‘‘(c) ELIGIBLE DEPENDENTS.—An individual approved to transfer

an entitlement to basic educational assistance under this section

may transfer the individual’s entitlement as follows:

‘‘(1) To the individual’s spouse.

‘‘(2) To one or more of the individual’s children.

‘‘(3) To a combination of the individuals referred to in

paragraphs (1) and (2).

‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number

of months of entitlement transferred by an individual under this

section may not exceed 18 months.

‘‘(e) DESIGNATION OF TRANSFEREE.—An individual transferring

an entitlement to basic educational assistance under this section

shall—

‘‘(1) designate the dependent or dependents to whom such

entitlement is being transferred;

‘‘(2) designate the number of months of such entitlement

to be transferred to each such dependent; and

‘‘(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).

‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.—

(1) Subject to the time limitation for use of entitlement under

section 3031 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer

such entitlement at any time after the approval of the individual’s

request to transfer such entitlement without regard to whether

the individual is a member of the Armed Forces when the transfer

is executed.

‘‘(2)(A) An individual transferring entitlement under this section

may modify or revoke at any time the transfer of any unused

portion of the entitlement so transferred.

‘‘(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of

written notice of the action to both the Secretary concerned and

the Secretary of Veterans Affairs.

Notice.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1155

‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement

until—

‘‘(1) in the case of entitlement transferred to a spouse,

the completion by the individual making the transfer of six

years of service in the Armed Forces; or

‘‘(2) in the case of entitlement transferred to a child, both—

‘‘(A) the completion by the individual making the

transfer of 10 years of service in the Armed Forces; and

‘‘(B) either—

‘‘(i) the completion by the child of the requirements

of a secondary school diploma (or equivalency certificate); or

‘‘(ii) the attainment by the child of 18 years of

age.

‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any

entitlement to basic educational assistance transferred under this

section shall be charged against the entitlement of the individual

making the transfer at the rate of one month for each month

of transferred entitlement that is used.

‘‘(2) Except as provided under subsection (e)(2) and subject

to paragraphs (4) and (5), a dependent to whom entitlement is

transferred under this section is entitled to basic educational assistance under this subchapter in the same manner and at the same

rate as the individual from whom the entitlement was transferred.

‘‘(3) The death of an individual transferring an entitlement

under this section shall not affect the use of the entitlement by

the dependent to whom the entitlement is transferred.

‘‘(4) Notwithstanding section 3031 of this title, a child to whom

entitlement is transferred under this section may not use any

entitlement so transferred after attaining the age of 26 years.

‘‘(5) The administrative provisions of this chapter (including

the provisions set forth in section 3034(a)(1) of this title) shall

apply to the use of entitlement transferred under this section,

except that the dependent to whom the entitlement is transferred

shall be treated as the eligible veteran for purposes of such provisions.

‘‘(6) The purposes for which a dependent to whom entitlement

is transferred under this section may use such entitlement shall

include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).

‘‘(i) OVERPAYMENT.—(1) In the event of an overpayment of basic

educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the

individual making the transfer shall be jointly and severally liable

to the United States for the amount of the overpayment for purposes

of section 3685 of this title.

‘‘(2) Except as provided in paragraph (3), if an individual

transferring entitlement under this section fails to complete the

service agreed to by the individual under subsection (b)(3) in accordance with the terms of the agreement of the individual under

that subsection, the amount of any transferred entitlement under

this section that is used by a dependent of the individual as of

the date of such failure shall be treated as an overpayment of

basic educational assistance under paragraph (1).

115 STAT. 1156 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(3) Paragraph (2) shall not apply in the case of an individual

who fails to complete service agreed to by the individual—

‘‘(A) by reason of the death of the individual; or

‘‘(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I)

of this title.

‘‘(j) APPROVALS OF TRANSFER SUBJECT TO AVAILABILITY OF

APPROPRIATIONS.—The Secretary concerned may approve transfers

of entitlement to basic educational assistance under this section

in a fiscal year only to the extent that appropriations for military

personnel are available in that fiscal year for purposes of making

deposits in the Department of Defense Education Benefits Fund

under section 2006 of title 10 in that fiscal year to cover the

present value of future benefits payable from the Fund for the

Department of Defense portion of payments of basic educational

assistance attributable to increased usage of benefits as a result

of such transfers of entitlement in that fiscal year.

‘‘(k) REGULATIONS.—The Secretary of Defense shall prescribe

regulations for purposes of this section. Such regulations shall

specify the manner and effect of an election to modify or revoke

a transfer of entitlement under subsection (f)(2) and shall specify

the manner of the applicability of the administrative provisions

referred to in subsection (h)(5) to a dependent to whom entitlement

is transferred under this section.

‘‘(l) ANNUAL REPORT.—(1) Not later than January 31 each year

(beginning in 2003), the Secretary of Defense shall submit to the

Committees on Armed Services and the Committees on Veterans’

Affairs of the Senate and House of Representatives a report on

the transfers of entitlement to basic educational assistance under

this section that were approved by each Secretary concerned during

the preceding fiscal year.

‘‘(2) Each report shall set forth—

‘‘(A) the number of transfers of entitlement under this

section that were approved by such Secretary during the preceding fiscal year; or

‘‘(B) if no transfers of entitlement under this section were

approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such

transfers of entitlement during that fiscal year.

‘‘(m) SECRETARY CONCERNED DEFINED.—Notwithstanding section 101(25) of this title, in this section, the term ‘Secretary concerned’ means—

‘‘(1) the Secretary of the Army with respect to matters

concerning the Army;

‘‘(2) the Secretary of the Navy with respect to matters

concerning the Navy or the Marine Corps;

‘‘(3) the Secretary of the Air Force with respect to matters

concerning the Air Force; and

‘‘(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Transportation

when it is not operating as a service in the Navy.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 3019

the following new item:

‘‘3020. Transfer of entitlement to basic educational assistance: members of the

Armed Forces with critical military skills.’’.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1157

(b) TREATMENT UNDER DEPARTMENT OF DEFENSE EDUCATION

BENEFITS FUND.—Section 2006(b)(2) of title 10, United States Code,

is amended by adding at the end the following new subparagraph: ‘‘(D) The present value of future benefits payable from

the Fund for the Department of Defense portion of payments of educational assistance under subchapter II of

chapter 30 of title 38 attributable to increased usage of

benefits as a result of transfers of entitlement to basic

educational assistance under section 3020 of that title

during such period.’’.

(c) PLAN FOR IMPLEMENTATION.—Not later than June 30, 2002,

the Secretary of Defense shall submit to Congress a report

describing the manner in which the Secretaries of the military

departments and the Secretary of Transportation propose to exercise

the authority granted by section 3020 of title 38, United States

Code, as added by subsection (a). The report shall include the

regulations prescribed under subsection (k) of that section for purposes of the exercise of the authority.

(d) FUNDING FOR FISCAL YEAR 2002.—Of the amount authorized

to be appropriated to the Department of Defense for military personnel for fiscal year 2002 by section 421, $30,000,000 may be

available in fiscal year 2002 for deposit into the Department of

Defense Education Benefits Fund under section 2006 of title 10,

United States Code, for purposes of covering payments of amounts

under subparagraph (D) of section 2006(b)(2) of such title (as added

by subsection (b)), as a result of transfers of entitlement to basic

educational assistance under section 3020 of title 38, United States

Code (as added by subsection (a)).

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE Program Improvements

Sec. 701. Sub-acute and long-term care program reform.

Sec. 702. Prosthetics and hearing aids.

Sec. 703. Durable medical equipment.

Sec. 704. Rehabilitative therapy.

Sec. 705. Report on mental health benefits.

Sec. 706. Clarification of eligibility for reimbursement of travel expenses of adult

accompanying patient in travel for specialty care.

Sec. 707. TRICARE program limitations on payment rates for institutional health

care providers and on balance billing by institutional and noninstitutional health care providers.

Sec. 708. Improvements in administration of the TRICARE program.

Subtitle B—Senior Health Care

Sec. 711. Clarifications and improvements regarding the Department of Defense

Medicare-Eligible Retiree Health Care Fund.

Subtitle C—Studies and Reports

Sec. 721. Comptroller General study of health care coverage of members of the reserve components of the Armed Forces and the National Guard.

Sec. 722. Comptroller General study of adequacy and quality of health care provided to women under the defense health program.

Sec. 723. Repeal of obsolete report requirement.

Sec. 724. Comptroller General report on requirement to provide screenings, physical examinations, and other care for certain members.

Subtitle D—Other Matters

Sec. 731. Prohibition against requiring military retirees to receive health care solely through the Department of Defense.

Sec. 732. Fees for trauma and other medical care provided to civilians.

Sec. 733. Enhancement of medical product development.

Deadline.

Reports.

115 STAT. 1158 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 734. Pilot program providing for Department of Veterans Affairs support in

the performance of separation physical examinations. Sec. 735. Modification of prohibition on requirement of nonavailability statement or

preauthorization. Sec. 736. Transitional health care for members separated from active duty.

Sec. 737. Two-year extension of health care management demonstration program.

Sec. 738. Joint DOD-VA pilot program for providing graduate medical education

and training for physicians.

Subtitle A—TRICARE Program

Improvements

SEC. 701. SUB-ACUTE AND LONG-TERM CARE PROGRAM REFORM.

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States

Code, is amended by inserting after section 1074i the following

new section:

‘‘§ 1074j. Sub-acute care program

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish

an effective, efficient, and integrated sub-acute care benefits program under this chapter (hereinafter referred to in this section

as the ‘program’). Except as otherwise provided in this section,

the types of health care authorized under the program shall be

the same as those provided under section 1079 of this title. The

Secretary, after consultation with the other administering Secretaries, shall promulgate regulations to carry out this section.

‘‘(b) BENEFITS.—(1) The program shall include a uniform skilled

nursing facility benefit that shall be provided in the manner and

under the conditions described in section 1861 (h) and (i) of the

Social Security Act (42 U.S.C. 1395x (h) and (i)), except that the

limitation on the number of days of coverage under section 1812

(a) and (b) of such Act (42 U.S.C. 1395d (a) and (b)) shall not

be applicable under the program. Skilled nursing facility care for

each spell of illness shall continue to be provided for as long

as medically necessary and appropriate.

‘‘(2) In this subsection: ‘‘(A) The term ‘skilled nursing facility’ has the meaning

given such term in section 1819(a) of the Social Security Act

(42 U.S.C. 1395i–3(a)). ‘‘(B) The term ‘spell of illness’ has the meaning given such

term in section 1861(a) of such Act (42 U.S.C. 1395x(a)).

‘‘(3) The program shall include a comprehensive, part-time or

intermittent home health care benefit that shall be provided in

the manner and under the conditions described in section 1861(m)

of the Social Security Act (42 U.S.C. 1395x(m)).’’. (2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 1074i

the following new item:

‘‘1074j. Sub-acute care program.’’.

(b) EXTENDED BENEFITS FOR DISABLED BENEFICIARIES.—Section

1079 of title 10, United States Code, is amended by striking subsections (d), (e), and (f) and inserting the following new subsections:

‘‘(d)(1) The Secretary of Defense shall establish a program

to provide extended benefits for eligible dependents, which may

include the provision of comprehensive health care services,

including case management services, to assist in the reduction

of the disabling effects of a qualifying condition of an eligible

Regulations.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1159

dependent. Registration shall be required to receive the extended

benefits.

‘‘(2) The Secretary of Defense, after consultation with the other

administering Secretaries, shall promulgate regulations to carry

out this subsection.

‘‘(3) In this subsection:

‘‘(A) The term ‘eligible dependent’ means a dependent of

a member of the uniformed services on active duty for a period

of more than 30 days, as described in subparagraph (A), (D),

or (I) of section 1072(2) of this title, who has a qualifying

condition.

‘‘(B) The term ‘qualifying condition’ means the condition

of a dependent who is moderately or severely mentally retarded,

has a serious physical disability, or has an extraordinary physical or psychological condition.

‘‘(e) Extended benefits for eligible dependents under subsection

(d) may include comprehensive health care services (including services necessary to maintain, or minimize or prevent deterioration

of, function of the patient) and case management services with

respect to the qualifying condition of such a dependent, and include,

to the extent such benefits are not provided under provisions of

this chapter other than under this section, the following:

‘‘(1) Diagnosis.

‘‘(2) Inpatient, outpatient, and comprehensive home health

care supplies and services which may include cost effective

and medically appropriate services other than part-time or

intermittent services (within the meaning of such terms as

used in the second sentence of section 1861(m) of the Social

Security Act).

‘‘(3) Training, rehabilitation, special education, and

assistive technology devices.

‘‘(4) Institutional care in private nonprofit, public, and State

institutions and facilities and, if appropriate, transportation

to and from such institutions and facilities.

‘‘(5) Custodial care, notwithstanding the prohibition in section 1077(b)(1) of this title.

‘‘(6) Respite care for the primary caregiver of the eligible

dependent.

‘‘(7) Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in

subsection (a)(13).

‘‘(f)(1) Members shall be required to share in the cost of any

benefits provided to their dependents under subsection (d) as follows:

‘‘(A) Members in the lowest enlisted pay grade shall be

required to pay the first $25 incurred each month, and members

in the highest commissioned pay grade shall be required to

pay the first $250 incurred each month. The amounts to be

paid by members in all other pay grades shall be determined

under regulations to be prescribed by the Secretary of Defense

in consultation with the administering Secretaries.

‘‘(B) A member who has more than one dependent incurring

expenses in a given month under a plan covered by subsection

(d) shall not be required to pay an amount greater than would

be required if the member had only one such dependent.

Regulations.

Regulations.

115 STAT. 1160 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(2) In the case of extended benefits provided under paragraph

(3) or (4) of subsection (e) to a dependent of a member of the

uniformed services— ‘‘(A) the Government’s share of the total cost of providing

such benefits in any month shall not exceed $2,500, except

for costs that a member is exempt from paying under paragraph

(3); and

‘‘(B) the member shall pay (in addition to any amount

payable under paragraph (1)) the amount, if any, by which

the amount of such total cost for the month exceeds the Government’s maximum share under subparagraph (A).

‘‘(3) A member of the uniformed services who incurs expenses

under paragraph (2) for a month for more than one dependent

shall not be required to pay for the month under subparagraph

(B) of that paragraph an amount greater than the amount the

member would otherwise be required to pay under that subparagraph for the month if the member were incurring expenses under

that subparagraph for only one dependent.

‘‘(4) To qualify for extended benefits under paragraph (3) or

(4) of subsection (e), a dependent of a member of the uniformed

services shall be required to use public facilities to the extent

such facilities are available and adequate, as determined under

joint regulations of the administering Secretaries.

‘‘(5) The Secretary of Defense, in consultation with the other

administering Secretaries, shall prescribe regulations to carry out

this subsection.’’.

(c) DEFINITIONS OF CUSTODIAL CARE AND DOMICILIARY CARE.—

Section 1072 of title 10, United States Code, is amended by adding

at the end the following new paragraphs:

‘‘(8) The term ‘custodial care’ means treatment or services,

regardless of who recommends such treatment or services or

where such treatment or services are provided, that—

‘‘(A) can be rendered safely and reasonably by a person

who is not medically skilled; or

‘‘(B) is or are designed mainly to help the patient

with the activities of daily living.

‘‘(9) The term ‘domiciliary care’ means care provided to

a patient in an institution or homelike environment because—

‘‘(A) providing support for the activities of daily living

in the home is not available or is unsuitable; or

‘‘(B) members of the patient’s family are unwilling

to provide the care.’’.

(d) CONTINUATION OF INDIVIDUAL CASE MANAGEMENT SERVICES

FOR CERTAIN ELIGIBLE BENEFICIARIES.—(1) Notwithstanding the

termination of the Individual Case Management Program by subsection (g), the Secretary of Defense shall, in any case in which

the Secretary makes the determination described in paragraph

(2), continue to provide payment as if such program were in effect

for home health care or custodial care services provided to an

eligible beneficiary that would otherwise be excluded from coverage

under regulations implementing chapter 55 of title 10, United States

Code.

(2) The determination referred to in paragraph (1) is a determination that discontinuation of payment for services not otherwise

provided under such chapter would result in the provision of services inadequate to meet the needs of the eligible beneficiary and

would be unjust to such beneficiary.

10 USC 1079

note.

Regulations.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1161

(3) For purposes of this subsection, ‘‘eligible beneficiary’’ means

a covered beneficiary (as that term is defined in section 1072

of title 10, United States Code) who, before the effective date

of this section, was provided custodial care services under the

Individual Case Management Program for which the Secretary provided payment.

(e) REPORT ON INITIATIVES REGARDING LONG-TERM CARE.— The Secretary of Defense shall, not later than April 1, 2002, submit

to Congress a report on the feasibility and desirability of establishing new initiatives, taking into account chapter 90 of title 5,

United States Code, to improve the availability of long-term care

for members and retired members of the uniformed services and

their families.

(f) REFERENCE IN TITLE 10 TO LONG-TERM CARE PROGRAM

IN TITLE 5.—(1) Chapter 55 of title 10, United States Code, is

amended by inserting after section 1074j (as added by subsection

(a)) the following new section:

‘‘§ 1074k. Long-term care insurance

‘‘Provisions regarding long-term care insurance for members

and certain former members of the uniformed services and their

families are set forth in chapter 90 of title 5.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 1074j

(as added by subsection (a)) the following new item:

‘‘1074k. Long-term care insurance.’’.

(g) CONFORMING AMENDMENTS.—(1) The following provisions

of law are repealed:

(A) Section 703 of the National Defense Authorization Act

for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 682; 10

U.S.C. 1077 note).

(B) Section 8118 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1260).

(C) Section 8100 of the Department of Defense Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 696).

(2) Section 1079 of title 10, United States Code, is amended

in subsection (a) by striking paragraph (17).

SEC. 702. PROSTHETICS AND HEARING AIDS.

Section 1077 of title 10, United States Code, is amended—

(1) in subsection (a), by adding at the end the following:

‘‘(16) A hearing aid, but only for a dependent of a member

of the uniformed services on active duty and only if the

dependent has a profound hearing loss, as determined under

standards prescribed in regulations by the Secretary of Defense

in consultation with the administering Secretaries.’’;

(2) in subsection (b)(2), by striking ‘‘Hearing aids, orthopedic footwear,’’ and inserting ‘‘Orthopedic footwear’’; and

(3) by adding at the end the following new subsection:

‘‘(e)(1) Authority to provide a prosthetic device under subsection

(a)(15) includes authority to provide the following:

‘‘(A) Any accessory or item of supply that is used in conjunction with the device for the purpose of achieving therapeutic

benefit and proper functioning.

‘‘(B) Services necessary to train the recipient of the device

in the use of the device.

Deadline.

115 STAT. 1162 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(C) Repair of the device for normal wear and tear or

damage. ‘‘(D) Replacement of the device if the device is lost or

irreparably damaged or the cost of repair would exceed 60

percent of the cost of replacement.

‘‘(2) An augmentative communication device may be provided

as a voice prosthesis under subsection (a)(15). ‘‘(3) A prosthetic device customized for a patient may be provided under this section only by a prosthetic practitioner who is

qualified to customize the device, as determined under regulations

prescribed by the Secretary of Defense in consultation with the

administering Secretaries.’’.

SEC. 703. DURABLE MEDICAL EQUIPMENT.

(a) ITEMS AUTHORIZED.—Section 1077 of title 10, United States

Code, as amended by section 702, is further amended— (1) in subsection (a)(12), by striking ‘‘such as wheelchairs,

iron lungs, and hospital beds’’ and inserting ‘‘which’’; and

(2) by adding at the end the following new subsection:

‘‘(f)(1) Items that may be provided to a patient under subsection

(a)(12) include the following:

‘‘(A) Any durable medical equipment that can improve,

restore, or maintain the function of a malformed, diseased,

or injured body part, or can otherwise minimize or prevent

the deterioration of the patient’s function or condition.

‘‘(B) Any durable medical equipment that can maximize

the patient’s function consistent with the patient’s physiological

or medical needs.

‘‘(C) Wheelchairs.

‘‘(D) Iron lungs.

‘‘(E) Hospital beds. ‘‘(2) In addition to the authority to provide durable medical

equipment under subsection (a)(12), any customization of equipment

owned by the patient that is durable medical equipment authorized

to be provided to the patient under this section or section 1079(a)(5)

of this title, and any accessory or item of supply for any such

equipment, may be provided to the patient if the customization,

accessory, or item of supply is essential for—

‘‘(A) achieving therapeutic benefit for the patient;

‘‘(B) making the equipment serviceable; or

‘‘(C) otherwise assuring the proper functioning of the equipment.’’.

(b) PROVISION OF ITEMS ON RENTAL BASIS.—Paragraph (5) of

section 1079(a) of such title is amended to read as follows: ‘‘(5) Durable equipment provided under this section may

be provided on a rental basis.’’.

SEC. 704. REHABILITATIVE THERAPY.

Section 1077(a) of title 10, United States Code, as amended

by sections 702 and 703, is further amended by inserting after

paragraph (16) the following new paragraph: ‘‘(17) Any rehabilitative therapy to improve, restore, or

maintain function, or to minimize or prevent deterioration of

function, of a patient when prescribed by a physician.’’.

SEC. 705. REPORT ON MENTAL HEALTH BENEFITS.

(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall

carry out a study to determine the adequacy of the scope and

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1163

availability of outpatient mental health benefits provided for members of the Armed Forces and covered beneficiaries under the

TRICARE program.

(b) REPORT.—Not later than March 31, 2002, the Secretary

shall submit to the Committees on Armed Services of the Senate

and the House of Representatives a report on the study, including

the conclusions and any recommendations for legislation that the

Secretary considers appropriate.

SEC. 706. CLARIFICATION OF ELIGIBILITY FOR REIMBURSEMENT OF

TRAVEL EXPENSES OF ADULT ACCOMPANYING PATIENT

IN TRAVEL FOR SPECIALTY CARE.

Section 1074i of title 10, United States Code, is amended by

inserting before the period at the end the following: ‘‘and, when

accompaniment by an adult is necessary, for a parent or guardian

of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age’’.

SEC. 707. TRICARE PROGRAM LIMITATIONS ON PAYMENT RATES FOR

INSTITUTIONAL HEALTH CARE PROVIDERS AND ON BALANCE BILLING BY INSTITUTIONAL AND NONINSTITUTIONAL HEALTH CARE PROVIDERS.

(a) INSTITUTIONAL PROVIDERS.—Section 1079(j) of title 10,

United States Code, is amended— (1) in paragraph (2)(A)— (A) by striking ‘‘(A)’’; and

(B) by striking ‘‘may be determined under joint regulations’’ and inserting ‘‘shall be determined under joint regulations’’;

(2) by redesignating subparagraph (B) of paragraph (2)

as paragraph (4), and, in such paragraph, as so redesignated,

by striking ‘‘subparagraph (A),’’ and inserting ‘‘this subsection,’’;

and

(3) by inserting before paragraph (4), as redesignated by

paragraph (2), the following new paragraph (3):

‘‘(3) A contract for a plan covered by this section shall include

a clause that prohibits each provider of services under the plan

from billing any person covered by the plan for any balance of

charges for services in excess of the amount paid for those services

under the joint regulations referred to in paragraph (2), except

for any unpaid amounts of deductibles or copayments that are

payable directly to the provider by the person.’’. (b) NONINSTITUTIONAL PROVIDERS.—Section 1079(h)(4) of such

title is amended— (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and

(2) by adding at the end the following new subparagraph: ‘‘(B) The regulations shall include a restriction that prohibits

an individual health care professional (or other noninstitutional

health care provider) from billing a beneficiary for services for

more than the amount that is equal to—

‘‘(i) the excess of the limiting charge (as defined in section

1848(g)(2) of the Social Security Act (42 U.S.C. 1395w–4(g)(2)))

that would be applicable if the services had been provided

by the professional (or other provider) as an individual health

care professional (or other noninstitutional health care provider) on a nonassignment-related basis under part B of title

XVIII of such Act over the amount that is payable by the

United States for those services under this subsection, plus

Regulations.

Deadline.

115 STAT. 1164 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(ii) any unpaid amounts of deductibles or copayments that

are payable directly to the professional (or other provider) by

the beneficiary.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date that is 90 days after the date of

the enactment of this Act.

SEC. 708. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE PROGRAM.

(a) FLEXIBILITY IN CONTRACTING.—(1) During the one-year

period following the date of the enactment of this Act, section

1072(7) of title 10, United States Code, shall be deemed to be

amended by striking ‘‘the competitive selection of contractors to

financially underwrite’’.

(2) The terms and conditions of any contract to provide health

care services under the TRICARE program entered into during

the period described in paragraph (1) shall not be considered to

be modified or terminated as a result of the termination of such

period.

(b) REDUCTION OF CONTRACT START-UP TIME.—Section 1095c(b)

of such title is amended—

(1) in paragraph (1)—

(A) by striking ‘‘The’’ and inserting ‘‘Except as provided

in paragraph (3), the’’; and

(B) by striking ‘‘contract.’’ and all that follows through

‘‘as soon as practicable after the award of the’’; and

(2) by adding at the end the following new paragraph:

‘‘(3) The Secretary may reduce the nine-month start-up period

required under paragraph (1) if—

‘‘(A) the Secretary—

‘‘(i) determines that a shorter period is sufficient to

ensure effective implementation of all contract requirements; and

‘‘(ii) submits notification to the Committees on Armed

Services of the House of Representatives and the Senate

of the Secretary’s intent to reduce the nine-month startup period; and

‘‘(B) 60 days have elapsed since the date of such notification.’’.

Subtitle B—Senior Health Care

SEC. 711. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE

DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE

HEALTH CARE FUND.

(a) CLARIFICATION REGARDING COVERAGE.—Subsection (b) of

section 1111 of title 10, United States Code, is amended to read

as follows:

‘‘(b) In this chapter:

‘‘(1) The term ‘uniformed services retiree health care programs’ means the provisions of this title or any other provision

of law creating an entitlement to or eligibility for health care

for a member or former member of a participating uniformed

service who is entitled to retired or retainer pay, and an eligible

dependent under such program.

10 USC 1072

note.

10 USC 1079

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1165

‘‘(2) The term ‘eligible dependent’ means a dependent

described in section 1076(a)(2) (other than a dependent of a

member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3) of

this title.

‘‘(3) The term ‘medicare-eligible’, with respect to any person,

means entitled to benefits under part A of title XVIII of the

Social Security Act (42 U.S.C. 1395c et seq.).

‘‘(4) The term ‘participating uniformed service’ means the

Army, Navy, Air Force, and Marine Corps, and any other

uniformed service that is covered by an agreement entered

into under subsection (c).’’.

(b) PARTICIPATION OF OTHER UNIFORMED SERVICES.—(1) Section

1111 of such title is further amended by adding at the end the

following new subsection: ‘‘(c) The Secretary of Defense may enter into an agreement

with any other administering Secretary (as defined in section

1072(3) of this title) for participation in the Fund by a uniformed

service under the jurisdiction of that Secretary. Any such agreement

shall require that Secretary to determine contributions to the Fund

on behalf of the members of the uniformed service under the jurisdiction of that Secretary in a manner comparable to the determination with respect to contributions to the Fund made by the Secretary

of Defense under section 1116 of this title, and such administering

Secretary may make such contributions.’’. (2) Section 1112 of such title is amended by adding at the

end the following new paragraph: ‘‘(4) Amounts paid into the Fund pursuant to section 1111(c)

of this title.’’.

(3) Section 1115 of such title is amended—

(A) in subsection (a), by inserting ‘‘participating’’ before

‘‘uniformed services’’;

(B) in subparagraphs (A)(ii) and (B)(ii) of subsection (b)(1),

by inserting ‘‘under the jurisdiction of the Secretary of Defense’’

after ‘‘uniformed services’’;

(C) in subsection (b)(2), by inserting ‘‘(or to the other executive department having jurisdiction over the participating uniformed service)’’ after ‘‘Department of Defense’’; and

(D) in subparagraphs (A) and (B) of subsection (c)(1), by

inserting ‘‘participating’’ before ‘‘uniformed services’’.

(4) Section 1116(a) of such title is amended in paragraphs

(1)(B) and (2)(B) by inserting ‘‘under the jurisdiction of the Secretary

of Defense’’ after ‘‘uniformed services’’.

(c) CLARIFICATION OF PAYMENTS FROM THE FUND.—(1) Subsection (a) of section 1113 of such title is amended to read as

follows:

‘‘(a) There shall be paid from the Fund amounts payable for

the costs of all uniformed service retiree health care programs

for the benefit of members or former members of a participating

uniformed service who are entitled to retired or retainer pay and

are medicare eligible, and eligible dependents who are medicare

eligible.’’. (2) Such section is further amended by adding at the end

the following new subsections:

‘‘(c)(1) In carrying out subsection (a), the Secretary of Defense

may transfer periodically from the Fund to applicable appropriations of the Department of Defense, or to applicable appropriations

of other departments or agencies, such amounts as the Secretary

115 STAT. 1166 PUBLIC LAW 107–107—DEC. 28, 2001

determines necessary to cover the costs chargeable to those appropriations for uniformed service retiree health care programs for

beneficiaries under those programs who are medicare-eligible. Such

transfers may include amounts necessary for the administration

of such programs. Amounts so transferred shall be merged with

and be available for the same purposes and for the same time

period as the appropriation to which transferred. Upon a determination that all or part of the funds transferred from the Fund are

not necessary for the purposes for which transferred, such amounts

may be transferred back to the Fund. This transfer authority is

in addition to any other transfer authority that may be available

to the Secretary.

‘‘(2) A transfer from the Fund under paragraph (1) may not

be made to an appropriation after the end of the second fiscal

year after the fiscal year that the appropriation is available for

obligation. A transfer back to the Fund under paragraph (1) may

not be made after the end of the second fiscal year after the

fiscal year for which the appropriation to which the funds were

originally transferred is available for obligation.

‘‘(d) The Secretary of Defense shall by regulation establish

the method or methods for calculating amounts to be transferred

under subsection (c). Such method or methods may be based (in

whole or in part) on a proportionate share of the volume (measured

as the Secretary determines appropriate) of health care services

provided or paid for under uniformed service retiree health care

programs for beneficiaries under those programs who are medicareeligible in relation to the total volume of health care services

provided or paid for under Department of Defense health care

programs.

‘‘(e) The regulations prescribed by the Secretary under subsection (d) shall be provided to the Comptroller General not less

than 60 days before such regulations become effective. The Comptroller General shall, not later than 30 days after receiving such

regulations, report to the Secretary of Defense and Congress on

the adequacy and appropriateness of the regulations.

‘‘(f) If the Secretary of Defense enters into an agreement with

another administering Secretary pursuant to section 1111(c), the

Secretary of Defense may take the actions described in subsections

(c), (d), and (e) on behalf of the beneficiaries and programs of

the other participating uniformed service.’’.

(d) SOURCE OF FUNDS FOR MONTHLY ACCRUAL PAYMENTS INTO

THE FUND.—Section 1116 of such title is further amended—

(1) in subsection (a)(2)(B) (as amended by subsection (b)(4)),

by striking the sentence beginning ‘‘Amounts paid into’’; and

(2) by adding at the end the following new subsection:

‘‘(c) Amounts paid into the Fund under subsection (a) shall

be paid from funds available for the health care programs of the

participating uniformed services under the jurisdiction of the respective administering Secretaries.’’.

(e) TECHNICAL AMENDMENTS.—(1) Sections 1111(a), 1115(c)(2),

1116(a)(1)(A), and 1116(a)(2)(A) of such title are amended by

striking ‘‘Department of Defense retiree health care programs’’ and

inserting ‘‘uniformed services retiree health care programs’’.

(2) The heading for section 1111 of such title is amended

to read as follows:

Reports.

Deadlines.

Regulations.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1167

‘‘§ 1111. Establishment and purpose of Fund; definitions;

authority to enter into agreements’’.

(3) The item relating to section 1111 in the table of sections

at the beginning of chapter 56 of such title is amended to read

as follows:

‘‘1111. Establishment and purpose of Fund; definitions; authority to enter into

agreements.’’.

(f) EFFECTIVE DATE.—The amendments made by this section

shall take effect as if included in the enactment of chapter 56

of title 10, United States Code, by section 713(a)(1) 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– 179).

(g) FIRST YEAR CONTRIBUTIONS.—With respect to contributions

under section 1116(a) of title 10, United States Code, for the first

year that the Department of Defense Medicare-Eligible Retiree

Health Care Fund is established under chapter 56 of such title,

if the Board of Actuaries is unable to execute its responsibilities

with respect to such section, the Secretary of Defense may make

contributions under such section using methods and assumptions

developed by the Secretary.

Subtitle C—Studies and Reports

SEC. 721. COMPTROLLER GENERAL STUDY OF HEALTH CARE COVERAGE OF MEMBERS OF THE RESERVE COMPONENTS OF

THE ARMED FORCES AND THE NATIONAL GUARD.

(a) REQUIREMENT FOR STUDY.—The Comptroller General shall

carry out a study of the needs of members of the reserve components

of the Armed Forces and the National Guard and their families

for health care benefits. The study shall include the following:

(1) An analysis of how members of the reserve components

of the Armed Forces and the National Guard currently obtain

coverage for health care benefits when not on active duty,

together with statistics on enrollments in health care benefits

plans, including—

(A) the percentage of such members who are not covered by an employer health benefits plan;

(B) the percentage of such members who are not covered by an individual health benefits plan; and

(C) the percentage of such members who are not covered by any health insurance or other health benefits plan.

(2) An assessment of the disruptions in health benefits

coverage that a mobilization of members of the reserve components of the Armed Forces and the National Guard causes

for the members and their families.

(3) An assessment of the cost and effectiveness of various

options for preventing or reducing disruptions described in

paragraph (2), including—

(A) providing health care benefits to all members of

the reserve components of the Armed Forces and the

National Guard and their families through the TRICARE

program, the Federal Employees Health Benefits Program,

or otherwise;

10 USC 1116

note.

10 USC 1111

note.

115 STAT. 1168 PUBLIC LAW 107–107—DEC. 28, 2001

(B) revising and extending the program of transitional

medical and dental care that is provided under section

1074b of title 10, United States Code, for members of

the Armed Forces upon release from active duty served

in support of a contingency operation;

(C) requiring the health benefits plans of such members, including individual health benefits plans and group

health benefits plans, to permit such members to elect

to resume coverage under such health benefits plans upon

release from active duty in support of a contingency operation;

(D) allowing members of the reserve components of

the Armed Forces and the National Guard to participate

in TRICARE Standard using various cost-sharing arrangements;

(E) providing employers of members of the reserve

components of the Armed Forces and the National Guard

with the option of paying the costs of participation in

the TRICARE program for such members and their families

using various cost-sharing arrangements;

(F) providing financial assistance for paying premiums

or other subscription charges for continuation of coverage

by private sector health insurance or other health benefits

plans; and

(G) any other options that the Comptroller General

determines advisable to consider.

(b) REPORT.—Not later than May 1, 2002, the Comptroller

General shall submit to Congress a report describing the findings

of the study conducted under subsection (a).

SEC. 722. COMPTROLLER GENERAL STUDY OF ADEQUACY AND

QUALITY OF HEALTH CARE PROVIDED TO WOMEN UNDER

THE DEFENSE HEALTH PROGRAM.

(a) REQUIREMENT FOR STUDY.—The Comptroller General shall

carry out a study of the adequacy and quality of the health care

provided to women under chapter 55 of title 10, United States

Code.

(b) SPECIFIC CONSIDERATION.—The study shall include an intensive review of the availability and quality of reproductive health

care services.

(c) REPORT.—The Comptroller General shall submit a report

on the results of the study to Congress not later than May 1,

2002.

SEC. 723. REPEAL OF OBSOLETE REPORT REQUIREMENT.

Section 701 of the National Defense Authorization Act for Fiscal

Year 2000 (Public Law 106–65; 10 U.S.C. 1074g note) is amended

by striking subsection (d).

SEC. 724. COMPTROLLER GENERAL REPORT ON REQUIREMENT TO

PROVIDE SCREENINGS, PHYSICAL EXAMINATIONS, AND

OTHER CARE FOR CERTAIN MEMBERS.

(a) REPORT REQUIRED.—The Comptroller General shall prepare

a report on the advisability, need, and cost effectiveness of the

requirements under section 1074a(d) of title 10, United States Code,

that the Secretary of the Army provide medical and dental

screenings, physical examinations, and certain dental care for early

deploying members of the Selected Reserve. The report shall include

Deadline.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1169

any recommendations for changes to such requirements based on

the most current information available on the value of periodic

physical examinations and any role such examinations play in

monitoring force and individual member pre-deployment and postdeployment health status.

(b) DEADLINE FOR SUBMISSION.—The report required by subsection (a) shall be provided to the Committees on Armed Services

of the Senate and the House of Representatives not later than

June 1, 2002.

Subtitle D—Other Matters

SEC. 731. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO

RECEIVE HEALTH CARE SOLELY THROUGH THE DEPARTMENT OF DEFENSE.

(a) PROHIBITION.—Chapter 55 of title 10, United States Code,

is amended by inserting after section 1086a the following new

section:

‘‘§ 1086b. Prohibition against requiring retired members to

receive health care solely through the Department of Defense

‘‘The Secretary of Defense may not take any action that would

require, or have the effect of requiring, a member or former member

of the armed forces who is entitled to retired or retainer pay

to enroll to receive health care from the Federal Government only

through the Department of Defense.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 1086a the following new item:

‘‘1086b. Prohibition against requiring retired members to receive health care solely

through the Department of Defense.’’.

SEC. 732. FEES FOR TRAUMA AND OTHER MEDICAL CARE PROVIDED

TO CIVILIANS.

(a) REQUIREMENT TO IMPLEMENT PROCEDURES.—(1) Chapter

55 of title 10, United States Code, is amended by inserting after

section 1079a the following new section:

‘‘§ 1079b. Procedures for charging fees for care provided to

civilians; retention and use of fees collected

‘‘(a) REQUIREMENT TO IMPLEMENT PROCEDURES.—The Secretary

of Defense shall implement procedures under which a military

medical treatment facility may charge civilians who are not covered

beneficiaries (or their insurers) fees representing the costs, as determined by the Secretary, of trauma and other medical care provided

to such civilians.

‘‘(b) USE OF FEES COLLECTED.—A military medical treatment

facility may retain and use the amounts collected under subsection

(a) for— ‘‘(1) trauma consortium activities;

‘‘(2) administrative, operating, and equipment costs; and

‘‘(3) readiness training.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 1079a

the following new item:

115 STAT. 1170 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘1079b. Procedures for charging fees for care provided to civilians; retention and

use of fees collected.’’.

(b) DEADLINE FOR IMPLEMENTATION.—The Secretary of Defense

shall begin to implement the procedures required by section

1079b(a) of title 10, United States Code (as added by subsection

(a)), not later than one year after the date of the enactment of

this Act.

SEC. 733. ENHANCEMENT OF MEDICAL PRODUCT DEVELOPMENT.

Section 980 of title 10, United States Code, is amended—

(1) by inserting ‘‘(a)’’ before ‘‘Funds’’; and

(2) by adding at the end the following new subsection:

‘‘(b) The Secretary of Defense may waive the prohibition in

this section with respect to a specific research project to advance

the development of a medical product necessary to the armed forces

if the research project may directly benefit the subject and is

carried out in accordance with all other applicable laws.’’.

SEC. 734. PILOT PROGRAM PROVIDING FOR DEPARTMENT OF VETERANS AFFAIRS SUPPORT IN THE PERFORMANCE OF

SEPARATION PHYSICAL EXAMINATIONS.

(a) AUTHORITY.—The Secretary of Defense and the Secretary

of Veterans Affairs may jointly carry out a pilot program under

which the Secretary of Veterans Affairs may perform the physical

examinations required for members of the uniformed services separating from the uniformed services who are in one or more

geographic areas designated for the pilot program by the Secretaries.

(b) REIMBURSEMENT.—The Secretary of Defense shall reimburse

the Secretary of Veterans Affairs for the cost incurred by the

Secretary of Veterans Affairs in performing, under the pilot program, the elements of physical examination that are required by

the Secretary concerned in connection with the separation of a

member of a uniformed service. Reimbursements shall be paid

out of funds available for the performance of separation physical

examinations of members of that uniformed service in facilities

of the uniformed services.

(c) AGREEMENT.—(1) If the Secretary of Defense and the Secretary of Veterans Affairs carry out the pilot program authorized

by this section, the Secretaries shall enter into an agreement specifying the geographic areas in which the pilot program is carried

out and the means for making reimbursement payments under

subsection (b).

(2) The other administering Secretaries shall also enter into

the agreement to the extent that the Secretary of Defense determines necessary to apply the pilot program, including the requirement for reimbursement, to the uniformed services not under the

jurisdiction of the Secretary of a military department.

(d) CONSULTATION REQUIREMENT.—In developing and carrying

out the pilot program, the Secretary of Defense shall consult with

the other administering Secretaries.

(e) PERIOD OF PROGRAM.—The Secretary of Defense and the

Secretary of Veterans Affairs may carry out the pilot program

under this section beginning not later than July 1, 2002, and

terminating on December 31, 2005.

10 USC 1071

note.

10 USC 1079

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1171

(f) REPORTS.—(1) If the Secretary of Defense and the Secretary

of Veterans Affairs carry out the pilot program authorized by this

section—

(A) not later than January 31, 2004, the Secretaries shall

jointly submit to Congress an interim report on the conduct

of the pilot program; and

(B) not later than March 1, 2005, the Secretaries shall

jointly submit to Congress a final report on the conduct of

the pilot program.

(2) Reports under this subsection shall include the Secretaries’

assessment, as of the date of the report, of the efficacy of the

performance of separation physical examinations as provided for

under the pilot program.

(g) DEFINITIONS.—In this section:

(1) The term ‘‘administering Secretaries’’ has the meaning

given that term in section 1072(3) of title 10, United States

Code.

(2) The term ‘‘Secretary concerned’’ has the meaning given

that term in section 101(5) of title 37, United States Code.

SEC. 735. MODIFICATION OF PROHIBITION ON REQUIREMENT OF

NONAVAILABILITY STATEMENT OR PREAUTHORIZATION.

(a) CLARIFICATION OF COVERED BENEFICIARIES.—Subsection (a)

of section 721 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–184) is amended by striking ‘‘covered

beneficiary under chapter 55 of title 10, United States Code, who

is enrolled in TRICARE Standard,’’ and inserting ‘‘covered beneficiary under TRICARE Standard pursuant to chapter 55 of title

10, United States Code,’’.

(b) REPEAL OF REQUIREMENT FOR NOTIFICATION REGARDING

HEALTH CARE RECEIVED FROM ANOTHER SOURCE.—Subsection (b)

of such section is repealed.

(c) WAIVER AUTHORITY.—Such section, as so amended, is further

amended by striking subsection (c) and inserting the following

new subsections:

‘‘(b) WAIVER AUTHORITY.—The Secretary may waive the prohibition in subsection (a) if—

‘‘(1) the Secretary—

‘‘(A) demonstrates that significant costs would be

avoided by performing specific procedures at the affected

military medical treatment facility or facilities;

‘‘(B) determines that a specific procedure must be provided at the affected military medical treatment facility

or facilities to ensure the proficiency levels of the practitioners at the facility or facilities; or

‘‘(C) determines that the lack of nonavailability statement data would significantly interfere with TRICARE contract administration;

‘‘(2) the Secretary provides notification of the Secretary’s

intent to grant a waiver under this subsection to covered beneficiaries who receive care at the military medical treatment

facility or facilities that will be affected by the decision to

grant a waiver under this subsection;

‘‘(3) the Secretary notifies the Committees on Armed Services of the House of Representatives and the Senate of the

Secretary’s intent to grant a waiver under this subsection,

10 USC 1073

note.

Deadlines.

115 STAT. 1172 PUBLIC LAW 107–107—DEC. 28, 2001

the reason for the waiver, and the date that a nonavailability

statement will be required; and

‘‘(4) 60 days have elapsed since the date of the notification

described in paragraph (3).

‘‘(c) WAIVER EXCEPTION FOR MATERNITY CARE.—Subsection (b)

shall not apply with respect to maternity care.’’.

(d) EFFECTIVE DATE.—(1) Subsection (a) of such section is

amended by striking ‘‘under any new contract for the provision

of health care services’’.

(2) Subsection (d) of such section is amended by striking ‘‘take

effect on October 1, 2001.’’ and inserting ‘‘take effect on the earlier

of the following:

‘‘(1) The date that a new contract entered into by the

Secretary to provide health care services under TRICARE

Standard takes effect.

‘‘(2) The date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year

2002.’’.

(e) REPORT.—Not later than March 1, 2002, the Secretary of

Defense shall submit to the Committees on Armed Services of

the House of Representatives and the Senate a report on the Secretary’s plans for implementing section 721 of the Floyd D. Spence

National Defense Authorization Act for Fiscal Year 2001, as

amended by this section.

SEC. 736. TRANSITIONAL HEALTH CARE FOR MEMBERS SEPARATED

FROM ACTIVE DUTY.

(a) PERMANENT AUTHORITY FOR INVOLUNTARILY SEPARATED

MEMBERS AND MOBILIZED RESERVES.—Subsection (a) of section 1145

of title 10, United States Code, is amended—

(1) in paragraph (1), by striking ‘‘paragraph (2), a member’’

and all that follows through ‘‘of the member),’’ and inserting

‘‘paragraph (3), a member of the armed forces who is separated

from active duty as described in paragraph (2)’’;

(2) by redesignating paragraph (2) as paragraph (3);

(3) by inserting after paragraph (1) the following new paragraph (2):

‘‘(2) This subsection applies to the following members of the

armed forces:

‘‘(A) A member who is involuntarily separated from active

duty.

‘‘(B) A member of a reserve component who is separated

from active duty to which called or ordered in support of a

contingency operation if the active duty is active duty for a

period of more than 30 days.

‘‘(C) A member who is separated from active duty for which

the member is involuntarily retained under section 12305 of

this title in support of a contingency operation.

‘‘(D) A member who is separated from active duty served

pursuant to a voluntary agreement of the member to remain

on active duty for a period of less than one year in support

of a contingency operation.’’; and

(4) in paragraph (3), as redesignated by paragraph (2),

by striking ‘‘involuntarily’’ each place it appears.

(b) CONFORMING AMENDMENTS.—Such section 1145 is further

amended—

Applicability.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1173

(1) in subsection (c)(1), by striking ‘‘during the period beginning on October 1, 1990, and ending on December 31, 2001’’;

and

(2) in subsection (e), by striking the first sentence.

(c) REPEAL OF SUPERSEDED AUTHORITY.—(1) Section 1074b of

title 10, United States Code, is repealed.

(2) The table of sections at the beginning of chapter 55 of

such title is amended by striking the item relating to section 1074b.

(d) TRANSITION PROVISION.—Notwithstanding the repeal of section 1074b of title 10, United States Code, by subsection (c), the

provisions of that section, as in effect before the date of the enactment of this Act, shall continue to apply to a member of the

Armed Forces who is released from active duty in support of a

contingency operation before that date.

SEC. 737. TWO-YEAR EXTENSION OF HEALTH CARE MANAGEMENT

DEMONSTRATION PROGRAM.

(a) EXTENSION.—Subsection (d) of section 733 of the Floyd

D. Spence National Defense Authorization Act for Fiscal Year 2001

(as enacted by Public Law 106–398; 114 Stat. 1654A–191) is

amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December

31, 2003’’. (b) REPORT.—Subsection (e) of that section is amended— (1) by striking ‘‘REPORTS.—’’ and inserting ‘‘REPORT.—’’;

and

(2) by striking ‘‘March 15, 2002’’ and inserting ‘‘March

15, 2004’’.

SEC. 738. JOINT DOD-VA PILOT PROGRAM FOR PROVIDING GRADUATE

MEDICAL EDUCATION AND TRAINING FOR PHYSICIANS.

(a) IN GENERAL.—The Secretary of Defense and the Secretary

of Veterans Affairs may jointly carry out a pilot program under

which graduate medical education and training is provided to military physicians and physician employees of the Department of

Defense and the Department of Veterans Affairs through one or

more programs carried out in military medical treatment facilities

of the Department of Defense and medical centers of the Department of Veterans Affairs.

(b) COST-SHARING AGREEMENT.—If the Secretary of Defense

and the Secretary of Veterans Affairs carry out a pilot program

under subsection (a), the Secretaries shall enter into an agreement

for carrying out the pilot program under which means are established for each respective Secretary to assist in paying the costs,

with respect to individuals under the jurisdiction of such Secretary,

incurred by the other Secretary in providing medical education

and training under the pilot program.

(c) USE OF EXISTING AUTHORITIES.—To carry out the pilot program, the Secretary of Defense and the Secretary of Veterans

Affairs shall exercise authorities provided to the Secretaries, respectively, under other laws relating to the furnishing or support of

medical education and the cooperative use of facilities.

(d) PERIOD OF PROGRAM.—If the Secretary of Defense and the

Secretary of Veterans Affairs carry out a pilot program under

subsection (a), such pilot program shall begin not later than August

1, 2002, and shall terminate on July 31, 2007.

(e) REPORTS.—If the Secretary of Defense and the Secretary

of Veterans Affairs carry out a pilot program under subsection

(a), not later than January 31, 2003, and January 31 of each

Deadlines.

10 USC 1094a

note.

10 USC 1071

note.

Applicability.

10 USC 1074b

note.

115 STAT. 1174 PUBLIC LAW 107–107—DEC. 28, 2001

year thereafter through 2008, the Secretaries shall jointly submit

to Congress a report on the pilot program. The report shall cover

the preceding year and shall include each Secretary’s assessment

of the efficacy of providing education and training under the program.

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Procurement Management and Administration

Sec. 801. Management of procurement of services.

Sec. 802. Savings goals for procurements of services.

Sec. 803. Competition requirement for purchase of services pursuant to multiple

award contracts.

Sec. 804. Reports on maturity of technology at initiation of major defense acquisition programs.

Subtitle B—Use of Preferred Sources

Sec. 811. Applicability of competition requirements to purchases from a required

source. Sec. 812. Extension of mentor-protege program.

Sec. 813. Increase of assistance limitation regarding procurement technical assistance program.

Subtitle C—Amendments to General Contracting Authorities, Procedures,

and Related Matters

Sec. 821. Amendments to conform with administrative changes in acquisition phase

and milestone terminology and to make related adjustments in certain

requirements applicable at milestone transition points. Sec. 822. Follow-on production contracts for products developed pursuant to prototype projects. Sec. 823. One-year extension of program applying simplified procedures to certain

commercial items.

Sec. 824. Acquisition workforce qualifications.

Sec. 825. Report on implementation of recommendations of the acquisition 2005

task force.

Subtitle D—Other Matters

Sec. 831. Identification of errors made by executive agencies in payments to contractors and recovery of amounts erroneously paid. Sec. 832. Codification and modification of provision of law known as the ‘‘Berry

amendment’’. Sec. 833. Personal services contracts to be performed by individuals or organizations abroad.

Sec. 834. Requirements regarding insensitive munitions.

Sec. 835. Inapplicability of limitation to small purchases of miniature or instrument ball or roller bearings under certain circumstances. Sec. 836. Temporary emergency procurement authority to facilitate the defense

against terrorism or biological or chemical attack.

Subtitle A—Procurement Management and

Administration

SEC. 801. MANAGEMENT OF PROCUREMENT OF SERVICES.

(a) RESPONSIBILITY OF UNDER SECRETARY OF DEFENSE FOR

ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Section 133(b)(2) of

title 10, United States Code, is amended by inserting ‘‘of goods

and services’’ after ‘‘procurement’’.

(b) REQUIREMENT FOR MANAGEMENT STRUCTURE.—(1) Chapter

137 of such title is amended by inserting after section 2328 the

following new section:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1175

‘‘§ 2330. Procurement of services: management structure

‘‘(a) REQUIREMENT FOR MANAGEMENT STRUCTURE.—(1) The Secretary of Defense shall establish and implement a management

structure for the procurement of services for the Department of

Defense. The management structure shall be comparable to the

management structure that applies to the procurement of products

by the Department.

‘‘(2) The management structure required by paragraph (1)

shall—

‘‘(A) provide for a designated official in each military

department to exercise responsibility for the management of

the procurement of services for such department;

‘‘(B) provide for a designated official for Defense Agencies

and other defense components outside the military departments

to exercise responsibility for the management of the procurement of services for such Defense Agencies and components;

‘‘(C) include a means by which employees of the departments, Defense Agencies, and components are accountable to

such designated officials for carrying out the requirements of

subsection (b); and

‘‘(D) establish specific dollar thresholds and other criteria

for advance approvals of purchases under subsection (b)(1)(C)

and delegations of activity under subsection (b)(2).

‘‘(b) CONTRACTING RESPONSIBILITIES OF DESIGNATED OFFICIALS.—(1) The responsibilities of an official designated under subsection (a) shall include, with respect to the procurement of services

for the military department or Defense Agencies and components

by that official, the following:

‘‘(A) Ensuring that the services are procured by means

of contracts or task orders that are in the best interests of

the Department of Defense and are entered into or issued

and managed in compliance with applicable statutes, regulations, directives, and other requirements, regardless of whether

the services are procured through a contract or task order

of the Department of Defense or through a contract entered

into or task order issued by an official of the United States

outside the Department of Defense.

‘‘(B) Analyzing data collected under section 2330a of this

title on contracts that are entered into for the procurement

of services.

‘‘(C) Approving, in advance, any procurement of services

above the thresholds established pursuant to subsection

(a)(2)(D) that is to be made through the use of—

‘‘(i) a contract or task order that is not a performancebased contract or task order; or

‘‘(ii) a contract entered into, or a task order issued,

by an official of the United States outside the Department

of Defense.

‘‘(2) The responsibilities of a designated official may be delegated to other employees of the Department of Defense in accordance with the criteria established by the Secretary of Defense.

‘‘(c) DEFINITION.—In this section, the term ‘performance-based’,

with respect to a contract or a task order means that the contract

or task order, respectively, includes the use of performance work

statements that set forth requirements in clear, specific, and objective terms with measurable outcomes.’’.

115 STAT. 1176 PUBLIC LAW 107–107—DEC. 28, 2001

(2) Not later than 180 days after the date of the enactment

of this Act—

(A) the Secretary of Defense shall establish and implement

the management structure required under section 2330 of title

10, United States Code (as added by paragraph (1)); and

(B) the Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue guidance for officials in the

management structure established under such section 2330

regarding how to carry out their responsibilities under that

section.

(c) TRACKING OF PROCUREMENT OF SERVICES.—Chapter 137

of title 10, United States Code, as amended by subsection (b),

is further amended by inserting after section 2330 the following

new section:

‘‘§ 2330a. Procurement of services: tracking of purchases

‘‘(a) DATA COLLECTION REQUIRED.—The Secretary of Defense

shall establish a data collection system to provide management

information with regard to each purchase of services by a military

department or Defense Agency in excess of the simplified acquisition

threshold, regardless of whether such a purchase is made in the

form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement.

‘‘(b) DATA TO BE COLLECTED.—The data required to be collected

under subsection (a) includes the following:

‘‘(1) The services purchased.

‘‘(2) The total dollar amount of the purchase.

‘‘(3) The form of contracting action used to make the purchase.

‘‘(4) Whether the purchase was made through—

‘‘(A) a performance-based contract, performance-based

task order, or other performance-based arrangement that

contains firm fixed prices for the specific tasks to be performed; ‘‘(B) any other performance-based contract, performance-based task order, or performance-based arrangement;

or

‘‘(C) any contract, task order, or other arrangement

that is not performance based.

‘‘(5) In the case of a purchase made through an agency

other than the Department of Defense, the agency through

which the purchase is made.

‘‘(6) The extent of competition provided in making the

purchase and whether there was more than one offer.

‘‘(7) Whether the purchase was made from—

‘‘(A) a small business concern;

‘‘(B) a small business concern owned and controlled

by socially and economically disadvantaged individuals; or

‘‘(C) a small business concern owned and controlled

by women.

‘‘(c) COMPATIBILITY WITH DATA COLLECTION SYSTEM FOR

INFORMATION TECHNOLOGY PURCHASES.—To the maximum extent

practicable, a single data collection system shall be used to collect

data under this section and information under section 2225 of

this title.

‘‘(d) DEFINITIONS.—In this section:

Guidance.

Deadline.

10 USC 2330

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1177

‘‘(1) The term ‘performance-based’, with respect to a contract, task order, or arrangement, means that the contract,

task order, or arrangement, respectively, includes the use of

performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable

outcomes.

‘‘(2) The definitions set forth in section 2225(f) of this

title for the terms ‘simplified acquisition threshold’, ‘small business concern’, ‘small business concern owned and controlled

by socially and economically disadvantaged individuals’, and

‘small business concern owned and controlled by women’ shall

apply.’’.

(d) REQUIREMENT FOR PROGRAM REVIEW STRUCTURE.—(1) Not

later than 180 days after the date of the enactment of this Act,

the Secretary of Defense shall issue and implement a policy that

applies to the procurement of services by the Department of Defense

a program review structure that is similar to the one developed

for and applied to the procurement of weapon systems by the

Department of Defense.

(2) The program review structure for the procurement of services shall, at a minimum, include the following:

(A) Standards for determining which procurements should

be subject to review by either the senior procurement executive

of a military department or the senior procurement executive

of the Department of Defense under such section, including

criteria based on dollar thresholds, program criticality, or other

appropriate measures.

(B) Appropriate key decision points at which those reviews

should take place.

(C) A description of the specific matters that should be

reviewed.

(e) COMPTROLLER GENERAL REVIEW.—Not later than 90 days

after the date on which the Secretary issues the policy required

by subsection (d) and the Under Secretary of Defense for Acquisition, Technology, and Logistics issues the guidance required by

subsection (b)(2), the Comptroller General shall submit to the

Committees on Armed Services of the Senate and the House of

Representatives an assessment of the compliance with the requirements of this section and the amendments made by this section.

(f) DEFINITIONS.—In this section:

(1) The term ‘‘senior procurement executive’’ means the

official designated as the senior procurement executive under

section 16(3) of the Office of Federal Procurement Policy Act

(41 U.S.C. 414(3)).

(2) The term ‘‘performance-based’’, with respect to a contract or a task order means that the contract or task order,

respectively, includes the use of performance work statements

that set forth contract requirements in clear, specific, and objective terms with measurable outcomes.

(g) CLERICAL AMENDMENTS.—(1) The heading for section 2331

of title 10, United States Code, is amended to read as follows:

10 USC 2330

note.

Deadline.

Guidance.

10 USC 2330

note.

Deadline.

Policy.

10 USC 2330

note.

115 STAT. 1178 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘§ 2331. Procurement of services: contracts for professional

and technical services’’.

(2) The table of sections at the beginning of chapter 137 of

such title is amended by striking the item relating to section 2331

and inserting the following new items:

‘‘2330. Procurement of services: management structure.

‘‘2330a. Procurement of services: tracking of purchases.

‘‘2331. Procurement of services: contracts for professional and technical services.’’.

SEC. 802. SAVINGS GOALS FOR PROCUREMENTS OF SERVICES.

(a) GOALS.—(1) It shall be an objective of the Department

of Defense to achieve savings in expenditures for procurements

of services through the use of— (A) performance-based services contracting;

(B) appropriate competition for task orders under services

contracts; and

(C) program review, spending analyses, and improved

management of services contracts.

(2) In furtherance of such objective, the Department of Defense

shall have goals to use improved management practices to achieve,

over 10 fiscal years, reductions in the total amount that would

otherwise be expended by the Department for the procurement

of services (other than military construction) in a fiscal year by

the amount equal to 10 percent of the total amount of the expenditures of the Department for fiscal year 2000 for procurement of

services (other than military construction), as follows:

(A) By fiscal year 2002, a three percent reduction.

(B) By fiscal year 2003, a four percent reduction.

(C) By fiscal year 2004, a five percent reduction.

(D) By fiscal year 2011, a ten percent reduction.

(b) ANNUAL REPORT.—Not later than March 1, 2002, and

annually thereafter through March 1, 2006, the Secretary of Defense

shall submit to the congressional defense committees a report on

the progress made toward meeting the objective and goals established in subsection (a). Each report shall include, at a minimum,

the following information:

(1) A summary of the steps taken or planned to be taken

in the fiscal year of the report to improve the management

of procurements of services.

(2) A summary of the steps planned to be taken in the

following fiscal year to improve the management of procurements of services.

(3) An estimate of the amount that will be expended by

the Department of Defense for procurements of services in

the fiscal year of the report.

(4) An estimate of the amount that will be expended by

the Department of Defense for procurements of services in

the following fiscal year.

(5) An estimate of the amount of savings that, as a result

of improvement of the management practices used by the

Department of Defense, will be achieved for the procurement

of services by the Department in the fiscal year of the report

and in the following fiscal year.

SEC. 803. COMPETITION REQUIREMENT FOR PURCHASE OF SERVICES

PURSUANT TO MULTIPLE AWARD CONTRACTS.

(a) REGULATIONS REQUIRED.—Not later than 180 days after

the date of the enactment of this Act, the Secretary of Defense

Deadline.

10 USC 2304

note.

Deadlines.

10 USC 2330

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1179

shall promulgate in the Department of Defense Supplement to

the Federal Acquisition Regulation regulations requiring competition in the purchase of services by the Department of Defense

pursuant to multiple award contracts.

(b) CONTENT OF REGULATIONS.—(1) The regulations required

by subsection (a) shall provide, at a minimum, that each individual

purchase of services in excess of $100,000 that is made under

a multiple award contract shall be made on a competitive basis

unless a contracting officer of the Department of Defense— (A) waives the requirement on the basis of a determination

that— (i) one of the circumstances described in paragraphs

(1) through (4) of section 2304c(b) of title 10, United States

Code, applies to such individual purchase; or

(ii) a statute expressly authorizes or requires that the

purchase be made from a specified source; and

(B) justifies the determination in writing.

(2) For purposes of this subsection, an individual purchase

of services is made on a competitive basis only if it is made pursuant

to procedures that— (A) require fair notice of the intent to make that purchase

(including a description of the work to be performed and the

basis on which the selection will be made) to be provided

to all contractors offering such services under the multiple

award contract; and

(B) afford all contractors responding to the notice a fair

opportunity to make an offer and have that offer fairly considered by the official making the purchase.

(3) Notwithstanding paragraph (2), notice may be provided

to fewer than all contractors offering such services under a multiple

award contract described in subsection (c)(2)(A) if notice is provided

to as many contractors as practicable.

(4) A purchase may not be made pursuant to a notice that

is provided to fewer than all contractors under paragraph (3)

unless—

(A) offers were received from at least three qualified contractors; or

(B) a contracting officer of the Department of Defense

determines in writing that no additional qualified contractors

were able to be identified despite reasonable efforts to do so.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘individual purchase’’ means a task order,

delivery order, or other purchase.

(2) The term ‘‘multiple award contract’’ means—

(A) a contract that is entered into by the Administrator

of General Services under the multiple award schedule

program referred to in section 2302(2)(C) of title 10, United

States Code;

(B) a multiple award task order contract that is entered

into under the authority of sections 2304a through 2304d

of title 10, United States Code, or sections 303H through

303K of the Federal Property and Administrative Services

Act of 1949 (41 U.S.C. 253h through 253k); and

(C) any other indefinite delivery, indefinite quantity

contract that is entered into by the head of a Federal

agency with two or more sources pursuant to the same

solicitation.

115 STAT. 1180 PUBLIC LAW 107–107—DEC. 28, 2001

(3) The term ‘‘Defense Agency’’ has the meaning given

that term in section 101(a)(11) of title 10, United States Code.

(d) APPLICABILITY.—The regulations promulgated by the Secretary pursuant to subsection (a) shall take effect not later than

180 days after the date of the enactment of this Act and shall

apply to all individual purchases of services that are made under

multiple award contracts on or after the effective date, without

regard to whether the multiple award contracts were entered into

before, on, or after such effective date.

SEC. 804. REPORTS ON MATURITY OF TECHNOLOGY AT INITIATION

OF MAJOR DEFENSE ACQUISITION PROGRAMS.

(a) REPORTS REQUIRED.—Not later than March 1 of each of

years 2003 through 2006, the Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and the House

of Representatives a report on the implementation of the requirement in paragraph 4.7.3.2.2.2 of Department of Defense Instruction

5000.2, as in effect on the date of enactment of this Act, that

technology must have been demonstrated in a relevant environment

(or, preferably, in an operational environment) to be considered

mature enough to use for product development in systems integration.

(b) CONTENTS OF REPORTS.—Each report required by subsection

(a) shall—

(1) identify each case in which a major defense acquisition

program entered system development and demonstration

during the preceding calendar year and into which key technology has been incorporated that does not meet the technological maturity requirement described in subsection (a), and

provide a justification for why such key technology was incorporated; and

(2) identify any determination of technological maturity

with which the Deputy Under Secretary of Defense for Science

and Technology did not concur and explain how the issue

has been or will be resolved.

(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this

section, the term ‘‘major defense acquisition program’’ has the

meaning given that term in section 139(a)(2) of title 10, United

States Code.

Subtitle B—Use of Preferred Sources

SEC. 811. APPLICABILITY OF COMPETITION REQUIREMENTS TO PURCHASES FROM A REQUIRED SOURCE.

(a) CONDITIONS FOR COMPETITION.—(1) Chapter 141 of title

10, United States Code, is amended by adding at the end the

following:

‘‘§ 2410n. Products of Federal Prison Industries: procedural

requirements

‘‘(a) MARKET RESEARCH BEFORE PURCHASE.—Before purchasing

a product listed in the latest edition of the Federal Prison Industries

catalog under section 4124(d) of title 18, the Secretary of Defense

shall conduct market research to determine whether the Federal

Prison Industries product is comparable in price, quality, and time

of delivery to products available from the private sector.

Effective date.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1181

‘‘(b) LIMITED COMPETITION REQUIREMENT.—If the Secretary

determines that a Federal Prison Industries product is not comparable in price, quality, and time of delivery to products available

from the private sector, the Secretary shall use competitive procedures for the procurement of the product. In conducting such a

competition, the Secretary shall consider a timely offer from Federal

Prison Industries for award in accordance with the specifications

and evaluation factors specified in the solicitation.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following:

‘‘2410n. Products of Federal Prison Industries: procedural requirements.’’.

(b) APPLICABILITY.—Section 2410n of title 10, United States

Code (as added by subsection (a)), shall apply to purchases initiated

on or after October 1, 2001.

SEC. 812. EXTENSION OF MENTOR-PROTEGE PROGRAM.

Section 831 of the National Defense Authorization Act for Fiscal

Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended—

(1) in subsection (j)—

(A) in paragraph (1), by striking ‘‘September 30, 2002’’

and inserting ‘‘September 30, 2005’’; and

(B) in paragraph (2), by striking ‘‘September 30, 2005’’

and inserting ‘‘September 30, 2008’’; and

(2) in subsection (l)(3), by striking ‘‘2004’’ and inserting

‘‘2007’’.

SEC. 813. INCREASE OF ASSISTANCE LIMITATION REGARDING

PROCUREMENT TECHNICAL ASSISTANCE PROGRAM.

Section 2414(a)(1) of title 10, United States Code, is amended

by striking ‘‘$300,000’’ and inserting ‘‘$600,000’’.

Subtitle C—Amendments to General Contracting Authorities, Procedures, and Related Matters

SEC. 821. AMENDMENTS TO CONFORM WITH ADMINISTRATIVE

CHANGES IN ACQUISITION PHASE AND MILESTONE TERMINOLOGY AND TO MAKE RELATED ADJUSTMENTS IN CERTAIN REQUIREMENTS APPLICABLE AT MILESTONE

TRANSITION POINTS.

(a) ACQUISITION PHASE TERMINOLOGY.—The following provisions of title 10, United States Code, are amended by striking

‘‘engineering and manufacturing development’’ each place it appears

and inserting ‘‘system development and demonstration’’: sections

2366(c) and 2434(a), and subsections (b)(3)(A)(i), (c)(3)(A), and (h)(1)

of section 2432.

(b) MILESTONE TRANSITION POINTS.—(1) Section 811(c) 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–211), is amended by striking ‘‘Milestone I approval, Milestone II approval, or Milestone III approval (or the equivalent)

of a major automated information system’’ and inserting ‘‘approval

of a major automated information system at Milestone B or C

or for full rate production, or an equivalent approval,’’.

10 USC 2410n

note.

115 STAT. 1182 PUBLIC LAW 107–107—DEC. 28, 2001

(2) Department of Defense Directive 5000.1, as revised in

accordance with subsection (b) of section 811 of such Act, shall

be further revised as necessary to comply with subsection (c) of

such section, as amended by paragraph (1), within 60 days after

the date of the enactment of this Act.

(c) ADJUSTMENTS TO REQUIREMENT FOR DETERMINATION OF

QUANTITY FOR LOW-RATE INITIAL PRODUCTION.—Section 2400(a) of

title 10, United States Code, is amended— (1) by striking ‘‘milestone II’’ each place it appears in

paragraphs (1)(A), (2), (4) and (5) and inserting ‘‘milestone

B’’; and

(2) in paragraph (2), by striking ‘‘engineering and manufacturing development’’ and inserting ‘‘system development and

demonstration’’. (d) ADJUSTMENTS TO REQUIREMENTS FOR BASELINE DESCRIP- TION AND THE RELATED LIMITATION.—Section 2435 of title 10,

United States Code, is amended— (1) in subsection (b), by striking ‘‘engineering and manufacturing development’’ and inserting ‘‘system development and

demonstration’’; and

(2) in subsection (c)— (A) in paragraph (1), by striking ‘‘demonstration and

validation’’ and inserting ‘‘system development and demonstration’’;

(B) in paragraph (2), by striking ‘‘engineering and

manufacturing development’’ and inserting ‘‘production and

deployment’’; and

(C) in paragraph (3), by striking ‘‘production and

deployment’’ and inserting ‘‘full rate production’’.

SEC. 822. FOLLOW-ON PRODUCTION CONTRACTS FOR PRODUCTS

DEVELOPED PURSUANT TO PROTOTYPE PROJECTS.

Section 845 of the National Defense Authorization Act for Fiscal

Year 1994 (10 U.S.C. 2371 note) is amended—

(1) by redesignating subsection (f) as subsection (g); and

(2) by inserting after subsection (e) the following new subsection (f):

‘‘(f) FOLLOW-ON PRODUCTION CONTRACTS.—(1) A transaction

entered into under this section for a prototype project that satisfies

the conditions set forth in subsection (d)(1)(B)(i) may provide for

the award of a follow-on production contract to the participants

in the transaction for a specific number of units at specific target

prices. The number of units specified in the transaction shall be

determined on the basis of a balancing of the level of the investment

made in the project by the participants other than the Federal

Government with the interest of the Federal Government in having

competition among sources in the acquisition of the product or

products prototyped under the project.

‘‘(2) A follow-on production contract provided for in a transaction

under paragraph (1) may be awarded to the participants in the

transaction without the use of competitive procedures, notwithstanding the requirements of section 2304 of title 10, United States

Code, if—

‘‘(A) competitive procedures were used for the selection

of parties for participation in the transaction;

‘‘(B) the participants in the transaction successfully completed the prototype project provided for in the transaction;

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1183

‘‘(C) the number of units provided for in the follow-on

production contract does not exceed the number of units specified in the transaction for such a follow-on production contract;

and

‘‘(D) the prices established in the follow-on production contract do not exceed the target prices specified in the transaction

for such a follow-on production contract.’’.

SEC. 823. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED

PROCEDURES TO CERTAIN COMMERCIAL ITEMS.

Section 4202 of the Clinger-Cohen Act of 1996 (divisions D

and E of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304

note) is amended in subsection (e) by striking ‘‘January 1, 2002’’ and inserting ‘‘January 1, 2003’’.

SEC. 824. ACQUISITION WORKFORCE QUALIFICATIONS.

(a) QUALIFICATIONS.—Section 1724 of title 10, United States

Code, is amended—

(1) in subsection (a)—

(A) by striking the matter preceding paragraph (1)

and inserting the following:

‘‘(a) CONTRACTING OFFICERS.—The Secretary of Defense shall

require that, in order to qualify to serve in an acquisition position

as a contracting officer with authority to award or administer

contracts for amounts above the simplified acquisition threshold

referred to in section 2304(g) of this title, an employee of the

Department of Defense or member of the armed forces (other than

the Coast Guard) must, except as provided in subsections (c) and

(d)—’’;

(B) in paragraph (1)—

(i) by striking ‘‘mandatory’’; and

(ii) by striking ‘‘at the grade level’’ and all that

follows and inserting ‘‘(A) in the case of an employee,

serving in the position within the grade of the General

Schedule in which the employee is serving, and (B)

in the case of a member of the armed forces, in the

member’s grade;’’; and

(C) in paragraph (3)(A), by inserting a comma after

‘‘business’’;

(2) by striking subsection (b) and inserting the following

new subsection:

‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR MILITARY POSITIONS.—(1) The Secretary of Defense shall require that in order

to qualify to serve in a position in the Department of Defense

that is in the GS–1102 occupational series an employee or potential

employee of the Department of Defense meet the requirements

set forth in paragraph (3) of subsection (a). The Secretary may

not require that in order to serve in such a position an employee

or potential employee meet any of the requirements of paragraphs

(1) and (2) of that subsection.

‘‘(2) The Secretary of Defense shall require that in order for

a member of the armed forces to be selected for an occupational

specialty within the armed forces that (as determined by the Secretary) is similar to the GS–1102 occupational series a member

of the armed forces meet the requirements set forth in paragraph

(3) of subsection (a). The Secretary may not require that in order

to be selected for such an occupational specialty a member meet

115 STAT. 1184 PUBLIC LAW 107–107—DEC. 28, 2001

any of the requirements of paragraphs (1) and (2) of that subsection.’’; and

(3) by striking subsections (c) and (d) inserting the following

new subsections:

‘‘(c) EXCEPTIONS.—The qualification requirements imposed by

the Secretary of Defense pursuant to subsections (a) and (b) shall

not apply to an employee of the Department of Defense or member

of the armed forces who—

‘‘(1) served as a contracting officer with authority to award

or administer contracts in excess of the simplified acquisition

threshold on or before September 30, 2000;

‘‘(2) served, on or before September 30, 2000, in a position

either as an employee in the GS–1102 series or as a member

of the armed forces in a similar occupational specialty;

‘‘(3) is in the contingency contracting force; or

‘‘(4) is described in subsection (e)(1)(B).

‘‘(d) WAIVER.—The acquisition career program board concerned

may waive any or all of the requirements of subsections (a) and

(b) with respect to an employee of the Department of Defense

or member of the armed forces if the board certifies that the

individual possesses significant potential for advancement to levels

of greater responsibility and authority, based on demonstrated job

performance and qualifying experience. With respect to each waiver

granted under this subsection, the board shall set forth in a written

document the rationale for its decision to waive such requirements.

Such document shall be submitted to and retained by the Director

of Acquisition Education, Training, and Career Development.

‘‘(e) DEVELOPMENTAL OPPORTUNITIES.—(1) The Secretary of

Defense may—

‘‘(A) establish or continue one or more programs for the

purpose of recruiting, selecting, appointing, educating, qualifying, and developing the careers of individuals to meet the

requirements in subparagraphs (A) and (B) of subsection (a)(3);

‘‘(B) appoint individuals to developmental positions in those

programs; and

‘‘(C) separate from the civil service after a three-year probationary period any individual appointed under this subsection

who fails to meet the requirements described in subsection

(a)(3).

‘‘(2) To qualify for any developmental program described in

paragraph (1)(B), an individual shall have—

‘‘(A) been awarded a baccalaureate degree, with a grade

point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant baccalaureate degrees; or

‘‘(B) completed at least 24 semester credit hours or the

equivalent of study from an accredited institution of higher

education in any of the disciplines of accounting, business,

finance, law, contracts, purchasing, economics, industrial

management, marketing, quantitative methods, or organization

and management.

‘‘(f) CONTINGENCY CONTRACTING FORCE.—The Secretary shall

establish qualification requirements for the contingency contracting

force consisting of members of the armed forces whose mission

is to deploy in support of contingency operations and other operations of the Department of Defense, including—

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1185

‘‘(1) completion of at least 24 semester credit hours or

the equivalent of study from an accredited institution of higher

education or similar educational institution in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management; or

‘‘(2) passing an examination that demonstrates skills,

knowledge, or abilities comparable to that of an individual

who has completed at least 24 semester credit hours or the

equivalent of study in any of the disciplines described in paragraph (1).’’.

(b) CLERICAL AMENDMENT.—Section 1732(c)(2) of such title is

amended by inserting a comma after ‘‘business’’.

SEC. 825. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF

THE ACQUISITION 2005 TASK FORCE.

(a) REQUIREMENT FOR REPORT.—Not later than March 1, 2002,

the Secretary of Defense shall submit to the Committees on Armed

Services of the Senate and the House of Representatives a report

on the extent of the implementation of the recommendations set

forth in the final report of the Department of Defense Acquisition

2005 Task Force, entitled ‘‘Shaping the Civilian Acquisition

Workforce of the Future’’.

(b) CONTENT OF REPORT.—The report shall include the following:

(1) For each recommendation in the final report that is

being implemented or that the Secretary plans to implement—

(A) a summary of all actions that have been taken

to implement the recommendation; and

(B) a schedule, with specific milestones, for completing

the implementation of the recommendation.

(2) For each recommendation in the final report that the

Secretary does not plan to implement—

(A) the reasons for the decision not to implement the

recommendation; and

(B) a summary of any alternative actions the Secretary

plans to take to address the purposes underlying the recommendation.

(3) A summary of any additional actions the Secretary

plans to take to address concerns raised in the final report

about the size and structure of the acquisition workforce of

the Department of Defense.

(c) COMPTROLLER GENERAL REVIEW.—Not later than 60 days

after the date on which the Secretary submits the report required

by subsection (a), the Comptroller General shall—

(1) review the report; and

(2) submit to the committees referred to in subsection (a)

the Comptroller General’s assessment of the extent to which

the report—

(A) complies with the requirements of this section;

and

(B) addresses the concerns raised in the final report

about the size and structure of the acquisition workforce

of the Department of Defense.

Deadline.

Deadline.

115 STAT. 1186 PUBLIC LAW 107–107—DEC. 28, 2001

Subtitle D—Other Matters

SEC. 831. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES IN PAYMENTS TO CONTRACTORS AND RECOVERY OF

AMOUNTS ERRONEOUSLY PAID.

(a) PROGRAM REQUIRED.—(1) Chapter 35 of title 31, United

States Code, is amended by adding at the end the following new

subchapter:

‘‘SUBCHAPTER VI—RECOVERY AUDITS

‘‘§ 3561. Identification of errors made by executive agencies

in payments to contractors and recovery of

amounts erroneously paid

‘‘(a) PROGRAM REQUIRED.—The head of each executive agency

that enters into contracts with a total value in excess of

$500,000,000 in a fiscal year shall carry out a cost-effective program

for identifying any errors made in paying the contractors and for

recovering any amounts erroneously paid to the contractors.

‘‘(b) RECOVERY AUDITS AND ACTIVITIES.—A program of an executive agency under subsection (a) shall include recovery audits and

recovery activities. The head of the executive agency shall determine, in accordance with guidance provided under subsection (c),

the classes of contracts to which recovery audits and recovery

activities are appropriately applied.

‘‘(c) OMB GUIDANCE.—The Director of the Office of Management

and Budget shall issue guidance for the conduct of programs under

subsection (a). The guidance shall include the following:

‘‘(1) Definitions of the terms ‘recovery audit’ and ‘recovery

activity’ for the purposes of the programs.

‘‘(2) The classes of contracts to which recovery audits and

recovery activities are appropriately applied under the programs.

‘‘(3) Protections for the confidentiality of—

‘‘(A) sensitive financial information that has not been

released for use by the general public; and

‘‘(B) information that could be used to identify a person.

‘‘(4) Policies and procedures for ensuring that the

implementation of the programs does not result in duplicative

audits of contractor records.

‘‘(5) Policies regarding the types of contracts executive agencies may use for the procurement of recovery services, including

guidance for use, in appropriate circumstances, of a contingency

contract pursuant to which the head of an executive agency

may pay a contractor an amount equal to a percentage of

the total amount collected for the United States pursuant to

that contract.

‘‘(6) Protections for a contractor’s records and facilities

through restrictions on the authority of a contractor under

a contract for the procurement of recovery services for an

executive agency—

‘‘(A) to require the production of any record or information by any person other than an officer, employee, or

agent of the executive agency;

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1187

‘‘(B) to establish, or otherwise have, a physical presence

on the property or premises of any private sector entity

for the purposes of performing the contract; or

‘‘(C) to act as agents for the Government in the recovery

of funds erroneously paid to contractors.

‘‘(7) Policies for the appropriate types of management

improvement programs authorized by section 3564 of this title

that executive agencies may carry out to address overpayment

problems and the recovery of overpayments.

‘‘§ 3562. Disposition of recovered funds

‘‘(a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS AND ACTIVITIES PROGRAM.—Funds collected under a program carried out by

an executive agency under section 3561 of this title shall be available to the executive agency for the following purposes:

‘‘(1) To reimburse the actual expenses incurred by the

executive agency in the administration of the program.

‘‘(2) To pay contractors for services under the program

in accordance with the guidance issued under section 3561(c)(5)

of this title.

‘‘(b) FUNDS NOT USED FOR PROGRAM.—Any amounts erroneously paid by an executive agency that are recovered under

such a program of an executive agency and are not used to

reimburse expenses or pay contractors under subsection (a)—

‘‘(1) shall be credited to the appropriations from which

the erroneous payments were made, shall be merged with other

amounts in those appropriations, and shall be available for

the purposes and period for which such appropriations are

available; or

‘‘(2) if no such appropriation remains available, shall be

deposited in the Treasury as miscellaneous receipts.

‘‘(c) PRIORITY OF OTHER AUTHORIZED DISPOSITIONS.—Notwithstanding subsection (b), the authority under such subsection may

not be exercised to use, credit, or deposit funds collected under

such a program as provided in that subsection to the extent that

any other provision of law requires or authorizes the crediting

of such funds to a nonappropriated fund instrumentality, revolving

fund, working-capital fund, trust fund, or other fund or account.

‘‘§ 3563. Sources of recovery services

‘‘(a) CONSIDERATION OF AVAILABLE RECOVERY RESOURCES.—(1)

In carrying out a program under section 3561 of this title, the

head of an executive agency shall consider all resources available

to that official to carry out the program.

‘‘(2) The resources considered by the head of an executive

agency for carrying out the program shall include the resources

available to the executive agency for such purpose from the following

sources:

‘‘(A) The executive agency.

‘‘(B) Other departments and agencies of the United States.

‘‘(C) Private sector sources.

‘‘(b) COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS.—

Before entering into a contract with a private sector source for

the performance of services under a program of the executive agency

carried out under section 3561 of this title, the head of an executive

agency shall comply with—

115 STAT. 1188 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(1) any otherwise applicable provisions of Office of

Management and Budget Circular A–76; and ‘‘(2) any other applicable provision of law or regulation

with respect to the selection between employees of the United

States and private sector sources for the performance of services.

‘‘§ 3564. Management improvement programs

‘‘In accordance with guidance provided by the Director of the

Office of Management and Budget under section 3561 of this title,

the head of an executive agency required to carry out a program

under such section 3561 may carry out a program for improving

management processes within the executive agency—

‘‘(1) to address problems that contribute directly to the

occurrence of errors in the paying of contractors of the executive

agency; or

‘‘(2) to improve the recovery of overpayments due to the

agency.

‘‘§ 3565. Relationship to authority of inspectors general

‘‘Nothing in this subchapter shall be construed as impairing

the authority of an Inspector General under the Inspector General

Act of 1978 or any other provision of law.

‘‘§ 3566. Privacy protections

‘‘Any nongovernmental entity that, in the course of recovery

auditing or recovery activity under this subchapter, obtains information that identifies an individual or with respect to which there

is a reasonable basis to believe that the information can be used

to identify an individual, may not disclose the information for

any purpose other than such recovery auditing or recovery activity

and governmental oversight of such activity, unless disclosure for

that other purpose is authorized by the individual to the executive

agency that contracted for the performance of the recovery auditing

or recovery activity.

‘‘§ 3567. Definition of executive agency

‘‘Notwithstanding section 102 of this title, in this subchapter,

the term ‘executive agency’ has the meaning given that term in

section 4(1) of the Office of Federal Procurement Policy Act (41

U.S.C. 403(1)).’’.

(2) The table of sections at the beginning of chapter 35 of

such title is amended by adding at the end the following:

‘‘SUBCHAPTER VI—RECOVERY AUDITS

‘‘3561. Identification of errors made by executive agencies in payments to contractors and recovery of amounts erroneously paid. ‘‘3562. Disposition of recovered funds.

‘‘3563. Sources of recovery services.

‘‘3564. Management improvement programs.

‘‘3565. Relationship to authority of inspectors general.

‘‘3566. Privacy protections.

‘‘3567. Definition of executive agency.’’.

(b) REPORTS.—(1) Not later than 30 months after the date

of the enactment of this Act, and annually for each of the first

two years following the year of the first report, the Director of

the Office of Management and Budget shall submit to the Committee on Government Reform of the House of Representatives

and the Committee on Governmental Affairs of the Senate, a report

Deadline.

31 USC 3561

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1189

on the implementation of subchapter VI of chapter 35 of title

31, United States Code (as added by subsection (a)).

(2) Each report shall include— (A) a general description and evaluation of the steps taken

by the heads of executive agencies to carry out the programs

under such subchapter, including any management improvement programs carried out under section 3564 of such title

31;

(B) the costs incurred by executive agencies to carry out

the programs under such subchapter; and

(C) the amounts recovered under the programs under such

subchapter.

(c) CONFORMING AMENDMENT.—Section 3501 of such title is

amended by inserting ‘‘and subchapter VI’’ after ‘‘section 3513’’.

SEC. 832. CODIFICATION AND MODIFICATION OF PROVISION OF LAW

KNOWN AS THE ‘‘BERRY AMENDMENT’’.

(a) BUY AMERICAN REQUIREMENTS.—(1) Chapter 148 of title

10, United States Code, is amended by inserting after section 2533

the following new section:

‘‘§ 2533a. Requirement to buy certain articles from American

sources; exceptions

‘‘(a) REQUIREMENT.—Except as provided in subsections (c)

through (h), funds appropriated or otherwise available to the

Department of Defense may not be used for the procurement of

an item described in subsection (b) if the item is not grown,

reprocessed, reused, or produced in the United States.

‘‘(b) COVERED ITEMS.—An item referred to in subsection (a)

is any of the following:

‘‘(1) An article or item of—

‘‘(A) food;

‘‘(B) clothing;

‘‘(C) tents, tarpaulins, or covers;

‘‘(D) cotton and other natural fiber products, woven

silk or woven silk blends, spun silk yarn for cartridge

cloth, synthetic fabric or coated synthetic fabric (including

all textile fibers and yarns that are for use in such fabrics),

canvas products, or wool (whether in the form of fiber

or yarn or contained in fabrics, materials, or manufactured

articles); or

‘‘(E) any item of individual equipment manufactured

from or containing such fibers, yarns, fabrics, or materials.

‘‘(2) Specialty metals, including stainless steel flatware.

‘‘(3) Hand or measuring tools.

‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) does not apply

to the extent that the Secretary of Defense or the Secretary of

the military department concerned determines that satisfactory

quality and sufficient quantity of any such article or item described

in subsection (b)(1) or specialty metals (including stainless steel

flatware) grown, reprocessed, reused, or produced in the United

States cannot be procured as and when needed at United States

market prices.

‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUTSIDE THE

UNITED STATES.—Subsection (a) does not apply to the following: ‘‘(1) Procurements outside the United States in support

of combat operations.

115 STAT. 1190 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(2) Procurements by vessels in foreign waters.

‘‘(3) Emergency procurements or procurements of perishable foods by an establishment located outside the United

States for the personnel attached to such establishment.

‘‘(e) EXCEPTION FOR SPECIALTY METALS AND CHEMICAL WARFARE PROTECTIVE CLOTHING.—Subsection (a) does not preclude the

procurement of specialty metals or chemical warfare protective

clothing produced outside the United States if—

‘‘(1) such procurement is necessary—

‘‘(A) to comply with agreements with foreign governments requiring the United States to purchase supplies

from foreign sources for the purposes of offsetting sales

made by the United States Government or United States

firms under approved programs serving defense requirements; or

‘‘(B) in furtherance of agreements with foreign governments in which both such governments agree to remove

barriers to purchases of supplies produced in the other

country or services performed by sources of the other

country; and

‘‘(2) any such agreement with a foreign government complies, where applicable, with the requirements of section 36

of the Arms Export Control Act (22 U.S.C. 2776) and with

section 2457 of this title.

‘‘(f) EXCEPTION FOR CERTAIN FOODS.—Subsection (a) does not

preclude the procurement of foods manufactured or processed in

the United States.

‘‘(g) EXCEPTION FOR COMMISSARIES, EXCHANGES, AND OTHER

NONAPPROPRIATED FUND INSTRUMENTALITIES.—Subsection (a) does

not apply to items purchased for resale purposes in commissaries,

exchanges, or nonappropriated fund instrumentalities operated by

the Department of Defense.

‘‘(h) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does

not apply to purchases for amounts not greater than the simplified

acquisition threshold referred to in section 2304(g) of this title.

‘‘(i) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR

PROCUREMENT OF COMMERCIAL ITEMS.—This section is applicable

to contracts and subcontracts for the procurement of commercial

items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430).

‘‘(j) GEOGRAPHIC COVERAGE.—In this section, the term ‘United

States’ includes the possessions of the United States.’’.

(2) The table of sections at the beginning of subchapter V

of such chapter is amended by inserting after the item relating

to section 2533 the following new item:

‘‘2533a. Requirement to buy certain articles from American sources; exceptions.’’.

(b) REPEAL OF SOURCE PROVISIONS.—The following provisions

of law are repealed:

(1) Section 9005 of the Department of Defense Appropriations Act, 1993 (Public Law 102–396; 10 U.S.C. 2241 note).

(2) Section 8109 of the Department of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law

104–208; 110 Stat. 3009–111; 10 U.S.C. 2241 note).

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1191

SEC. 833. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY

INDIVIDUALS OR ORGANIZATIONS ABROAD.

Section 2 of the State Department Basic Authorities Act of

1956 (22 U.S.C. 2669) is amended by adding at the end the following:

‘‘(n) exercise the authority provided in subsection (c), upon

the request of the Secretary of Defense or the head of any

other department or agency of the United States, to enter

into personal service contracts with individuals to perform services in support of the Department of Defense or such other

department or agency, as the case may be.’’.

SEC. 834. REQUIREMENTS REGARDING INSENSITIVE MUNITIONS.

(a) REQUIREMENT TO ENSURE SAFETY.—(1) Chapter 141 of title

10, United States Code, is amended by inserting after section 2388

the following new section:

‘‘§ 2389. Ensuring safety regarding insensitive munitions

‘‘The Secretary of Defense shall ensure, to the extent practicable, that insensitive munitions under development or procurement are safe throughout development and fielding when subject

to unplanned stimuli.’’.

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 2388

the following new item:

‘‘2389. Ensuring safety regarding insensitive munitions.’’.

(b) REPORT REQUIREMENT.—At the same time that the budgets

for fiscal years 2003 through 2005 are submitted to Congress under

section 1105(a) of title 31, United States Code, the Secretary of

Defense shall submit to the Committees on Armed Services of

the Senate and the House of Representatives a report on insensitive

munitions. The reports shall include the following:

(1) The number of waivers granted pursuant to Department

of Defense Regulation 5000.2–R (June 2001) during the preceding fiscal year, together with a discussion of the justifications

for the waivers.

(2) Identification of the funding proposed for insensitive

munitions in the budget with which the report is submitted,

together with an explanation of the proposed funding.

SEC. 835. INAPPLICABILITY OF LIMITATION TO SMALL PURCHASES

OF MINIATURE OR INSTRUMENT BALL OR ROLLER

BEARINGS UNDER CERTAIN CIRCUMSTANCES.

(a) IN GENERAL.—Section 2534 of title 10, United States Code,

is amended by adding at the end the following new subsection:

‘‘(j) INAPPLICABILITY TO CERTAIN CONTRACTS TO PURCHASE BALL

BEARINGS OR ROLLER BEARINGS.—(1) This section does not apply

with respect to a contract or subcontract to purchase items described

in subsection (a)(5) (relating to ball bearings and roller bearings)

for which—

‘‘(A) the amount of the purchase does not exceed $2,500;

‘‘(B) the precision level of the ball or roller bearings to

be procured under the contract or subcontract is rated lower

than the rating known as Annual Bearing Engineering Committee (ABEC) 5 or Roller Bearing Engineering Committee

(RBEC) 5, or an equivalent of such rating;

10 USC 2389

note.

115 STAT. 1192 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(C) at least two manufacturers in the national technology

and industrial base that are capable of producing the ball

or roller bearings have not responded to a request for quotation

issued by the contracting activity for that contract or subcontract; and

‘‘(D) no bearing to be procured under the contract or subcontract has a basic outside diameter (exclusive of flange diameters) in excess of 30 millimeters.

‘‘(2) Paragraph (1) does not apply to a purchase if such purchase

would result in the total amount of purchases of ball bearings

and roller bearings to satisfy requirements under Department of

Defense contracts, using the authority provided in such paragraph,

to exceed $200,000 during the fiscal year of such purchase.’’.

(b) APPLICABILITY.—Subsection (j) of such section 2534 (as

added by subsection (a)) shall apply with respect to a contract

or subcontract to purchase ball bearings or roller bearings entered

into after the date of the enactment of this Act.

SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO

FACILITATE THE DEFENSE AGAINST TERRORISM OR

BIOLOGICAL OR CHEMICAL ATTACK.

(a) INCREASED FLEXIBILITY FOR USE OF STREAMLINED PROCEDURES.—The following special authorities apply to procurements

of property and services by or for the Department of Defense for

which funds are obligated during fiscal year 2002 and 2003:

(1) MICROPURCHASE AND SIMPLIFIED ACQUISITION THRESHOLDS.—For any procurement of property or services for use

(as determined by the Secretary of Defense) to facilitate the

defense against terrorism or biological or chemical attack

against the United States—

(A) the amount specified in subsections (c), (d), and

(f) of section 32 of the Office of Federal Procurement Policy

Act (41 U.S.C. 428) shall be deemed to be $15,000 in

the administration of that section with respect to such

procurement; and

(B) the term ‘‘simplified acquisition threshold’’ means,

in the case of any contract to be awarded and performed,

or purchase to be made—

(i) inside the United States in support of a contingency operation, $250,000; or

(ii) outside the United States in support of a

contingency operation, $500,000.

(2) COMMERCIAL ITEM TREATMENT FOR PROCUREMENTS OF

BIOTECHNOLOGY.—For any procurement of biotechnology property or biotechnology services for use (as determined by the

Secretary of Defense) to facilitate the defense against terrorism

or biological attack against the United States, the procurement

shall be treated as being a procurement of commercial items.

(b) RECOMMENDATIONS FOR ADDITIONAL EMERGENCY PROCUREMENT AUTHORITY TO SUPPORT ANTI-TERRORISM OPERATIONS.—Not

later than March 1, 2002, the Secretary of Defense shall submit

to the Committees on Armed Services of the Senate and the House

of Representatives a report containing the Secretary’s recommendations for additional emergency procurement authority that the Secretary (subject to the direction of the President) determines necessary to support operations carried out to combat terrorism.

Deadline.

Reports.

Applicability.

10 USC 2302

note.

10 USC 2534

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1193

(c) TERMINATION OF AUTHORITY.—No contract may be entered

into pursuant to the authority provided in subsection (a) after

September 30, 2003.

TITLE IX—DEPARTMENT OF DEFENSE

ORGANIZATION AND MANAGEMENT

Subtitle A—Duties and Functions of Department of Defense Officers

Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness.

Sec. 902. Sense of Congress on functions of new Office of Force Transformation in

the Office of the Secretary of Defense.

Sec. 903. Suspension of reorganization of engineering and technical authority policy

within the Naval Sea Systems Command pending report to congressional committees.

Subtitle B—Space Activities

Sec. 911. Joint management of space programs.

Sec. 912. Requirement to establish in the Air Force an officer career field for space.

Sec. 913. Secretary of Defense report on space activities.

Sec. 914. Comptroller General assessment of implementation of recommendations

of Space Commission.

Sec. 915. Sense of Congress regarding officers recommended to be appointed to

serve as Commander of United States Space Command.

Subtitle C—Reports

Sec. 921. Revised requirement for Chairman of the Joint Chiefs of Staff to advise

Secretary of Defense on the assignment of roles and missions to the

Armed Forces.

Sec. 922. Revised requirements for content of annual report on joint warfighting experimentation.

Sec. 923. Repeal of requirement for one of three remaining required reports on activities of Joint Requirements Oversight Council.

Sec. 924. Revised joint report on establishment of national collaborative information analysis capability.

Subtitle D—Other Matters

Sec. 931. Conforming amendments relating to change of name of Military Airlift

Command to Air Mobility Command.

Sec. 932. Organizational realignment for Navy Director for Expeditionary Warfare.

Subtitle A—Duties and Functions of

Department of Defense Officers

SEC. 901. DEPUTY UNDER SECRETARY OF DEFENSE FOR PERSONNEL

AND READINESS.

(a) ESTABLISHMENT OF POSITION.—(1) Chapter 4 of title 10,

United States Code, is amended by inserting after section 136

the following new section:

‘‘§ 136a. Deputy Under Secretary of Defense for Personnel

and Readiness

‘‘(a) There is a Deputy Under Secretary of Defense for Personnel

and Readiness, appointed from civilian life by the President, by

and with the advice and consent of the Senate. ‘‘(b) The Deputy Under Secretary of Defense for Personnel

and Readiness shall assist the Under Secretary of Defense for

Personnel and Readiness in the performance of the duties of that

position. The Deputy Under Secretary of Defense for Personnel

and Readiness shall act for, and exercise the powers of, the Under

Secretary when the Under Secretary is absent or disabled.’’.

President.

Congress.

115 STAT. 1194 PUBLIC LAW 107–107—DEC. 28, 2001

(2) The table of sections at the beginning of such chapter

is amended by inserting after the item relating to section 136

the following new item:

‘‘136a. Deputy Under Secretary of Defense for Personnel and Readiness.’’.

(b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, United States

Code, is amended by inserting after ‘‘Deputy Under Secretary of

Defense for Policy.’’ the following: ‘‘Deputy Under Secretary of Defense for Personnel and

Readiness.’’. (c) REDUCTION IN NUMBER OF ASSISTANT SECRETARIES OF

DEFENSE.—(1) Section 138(a) of title 10, United States Code, is

amended by striking ‘‘nine’’ and inserting ‘‘eight’’. (2) Section 5315 of title 5, United States Code, is amended

by striking ‘‘(9)’’ after ‘‘Assistant Secretaries of Defense’’ and

inserting ‘‘(8)’’. (d) EFFECTIVE DATE.—The amendments made by subsection

(c) shall take effect on the date on which a person is first appointed

as Deputy Under Secretary of Defense for Personnel and Readiness.

SEC. 902. SENSE OF CONGRESS ON FUNCTIONS OF NEW OFFICE OF

FORCE TRANSFORMATION IN THE OFFICE OF THE SECRETARY OF DEFENSE.

(a) FINDINGS.—Congress finds the following:

(1) The Armed Forces should give careful consideration

to implementing transformation to meet operational challenges

and exploit opportunities resulting from changes in the threat

environment and the emergence of new technologies.

(2) The Department of Defense 2001 Quadrennial Defense

Review Report, issued by the Secretary of Defense on September

30, 2001, states that ‘‘The purpose of transformation is to

maintain or improve U.S. military preeminence in the face

of potential disproportionate discontinuous changes in the strategic environment. Transformation must therefore be focused

on emerging strategic and operational challenges and the

opportunities created by these challenges.’’.

(3) That report further states that ‘‘To support the transformation effort, and to foster innovation and experimentation,

the Department will establish a new office reporting directly

to the Secretary and Deputy Secretary of Defense.’’.

(b) SENSE OF CONGRESS ON FUNCTIONS OF OFFICE OF FORCE

TRANSFORMATION.—It is the sense of Congress that the Director

of the Office of Force Transformation within the Office of the

Secretary of Defense should advise the Secretary on—

(1) development of force transformation strategies to ensure

that the military of the future is prepared to dissuade potential

military competitors and, if that fails, to fight and win decisively

across the spectrum of future conflict;

(2) ensuring a continuous and broadly focused transformation process;

(3) service and joint acquisition and experimentation

efforts, funding for experimentation efforts, promising operational concepts and technologies, and other transformation

activities, as appropriate; and

(4) development of service and joint operational concepts,

transformation implementation strategies, and risk management strategies.

5 USC 5315 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1195

(c) SENSE OF CONGRESS ON FUNDING.—It is the sense of Congress that the Secretary of Defense should consider providing

funding adequate for sponsoring selective prototyping efforts, war

games, and studies and analyses and for appropriate staffing, as

recommended by the Director of the Office of Force Transformation

referred to in subsection (b).

SEC. 903. SUSPENSION OF REORGANIZATION OF ENGINEERING AND

TECHNICAL AUTHORITY POLICY WITHIN THE NAVAL SEA

SYSTEMS COMMAND PENDING REPORT TO CONGRESSIONAL COMMITTEES.

(a) SUSPENSION OF REORGANIZATION.—During the period specified in subsection (b), the Secretary of the Navy may not grant

final approval for any reorganization in engineering or technical

authority policy for the Naval Sea Systems Command or any of

the subsidiary activities of that command.

(b) REPORT.—Subsection (a) applies during the period beginning

on the date of the enactment of this Act and ending 45 days

after the date on which the Secretary submits to the congressional

defense committees a report that sets forth in detail the Navy’s

plans and justification for the reorganization of engineering and

technical authority policy within the Naval Sea Systems Command.

Subtitle B—Space Activities

SEC. 911. JOINT MANAGEMENT OF SPACE PROGRAMS.

(a) IN GENERAL.—Part IV of subtitle A of title 10, United

States Code, is amended by inserting after chapter 134 the following

new chapter:

‘‘CHAPTER 135—SPACE PROGRAMS ‘‘Sec.

‘‘2271. Management of space programs: joint program offices and officer management programs.

‘‘§ 2271. Management of space programs: joint program

offices and officer management programs

‘‘(a) JOINT PROGRAM OFFICES.—The Secretary of Defense shall

take appropriate actions to ensure, to the maximum extent practicable, that space development and acquisition programs of the

Department of Defense are carried out through joint program

offices.

‘‘(b) OFFICER MANAGEMENT PROGRAMS.—(1) The Secretary of

Defense shall take appropriate actions to ensure, to the maximum

extent practicable, that—

‘‘(A) Army, Navy, and Marine Corps officers, as well as

Air Force officers, are assigned to the space development and

acquisition programs of the Department of Defense; and

‘‘(B) Army, Navy, and Marine Corps officers, as well as

Air Force officers, are eligible, on the basis of qualification,

to hold leadership positions within the joint program offices

referred to in subsection (a).

‘‘(2) The Secretary of Defense shall designate those positions

in the Office of the National Security Space Architect of the Department of Defense (or any successor office) that qualify as joint

duty assignment positions for purposes of chapter 38 of this title.’’.

Applicability.

Effective date.

Termination

date.

115 STAT. 1196 PUBLIC LAW 107–107—DEC. 28, 2001

(b) CLERICAL AMENDMENT.—The tables of chapters at the beginning of such subtitle and the beginning of part IV of such subtitle

are amended by inserting after the item relating to chapter 134

the following new item:

‘‘135. Space Programs ........................................................................................ 2271’’.

SEC. 912. REQUIREMENT TO ESTABLISH IN THE AIR FORCE AN

OFFICER CAREER FIELD FOR SPACE.

(a) IN GENERAL.—Chapter 807 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 8084. Officer career field for space

‘‘The Secretary of the Air Force shall establish and implement

policies and procedures to develop a career field for officers in

the Air Force with technical competence in space-related matters

to have the capabilty to— ‘‘(1) develop space doctrine and concepts of space operations;

‘‘(2) develop space systems; and

‘‘(3) operate space systems.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘8084. Officer career field for space.’’.

SEC. 913. SECRETARY OF DEFENSE REPORT ON SPACE ACTIVITIES.

(a) REPORT.—(1) Not later than March 15, 2002, the Secretary

of Defense 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 problems in the management and

organization of the Department of Defense for space activities that

were identified in the report of the Space Commission, including

a description of the actions taken by the Secretary to address

those problems.

(2) For purposes of paragraph (1), the term ‘‘report of the

Space Commission’’ means the report of the Commission To Assess

United States National Security Space Management and Organization, dated January 11, 2001, and submitted to Congress under

section 1623 of the National Defense Authorization Act for Fiscal

Year 2000 (Public Law 106–65; 113 Stat. 815).

(b) MATTERS TO BE INCLUDED.—The report of the Secretary

of Defense under subsection (a) shall include a description of, and

rationale for, each of the following:

(1) Actions taken by the Secretary of Defense to realign

management authorities and responsibilities for space programs

of the Department of Defense.

(2) Steps taken to—

(A) establish a career field for officers in the Air Force

with technical competence in space-related matters, in

accordance with section 8084 of title 10, United States

Code, as added by section 912;

(B) ensure that officers in that career field are treated

fairly and objectively within the overall Air Force officer

personnel system; and

(C) ensure that the primary responsibility for management of that career field is assigned appropriately.

(3) Other steps taken within the Air Force to ensure proper

priority for development of space systems.

Deadline.

Policies and

procedures.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1197

(4) Steps taken to ensure that the interests of the Army,

the Navy, and the Marine Corps in development and acquisition

of space systems, and in the operations of space systems, are

protected.

(5) Steps taken by the Office of the Secretary of Defense

and the military departments to ensure that the Army, Navy,

and Marine Corps continue to develop military and civilian

personnel with the required expertise in space system development, acquisition, management, and operation.

(6) Steps taken to ensure adequate oversight by the Office

of the Secretary of Defense of the actions of the Under Secretary

of the Air Force as the acquisition executive for Department

of Defense space programs.

(7) Steps taken to improve oversight of the level of funding

provided for space programs and the level of personnel

resources provided for space programs.

SEC. 914. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTATION OF RECOMMENDATIONS OF SPACE COMMISSION.

(a) ASSESSMENT.—(1) The Comptroller General shall carry out

an assessment through February 15, 2003, of the actions taken

by the Secretary of Defense in implementing the recommendations

in the report of the Space Commission that are applicable to the

Department of Defense.

(2) For purposes of paragraph (1), the term ‘‘report of the

Space Commission’’ means the report of the Commission To Assess

United States National Security Space Management and Organization, dated January 11, 2001, and submitted to Congress under

section 1623 of the National Defense Authorization Act for Fiscal

Year 2000 (Public Law 106–65; 113 Stat. 815).

(b) REPORTS.—Not later than February 15 of each of 2002

and 2003, the Comptroller General 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 the assessment

carried out under subsection (a). Each report shall set forth the

results of the assessment as of the date of such report.

SEC. 915. SENSE OF CONGRESS REGARDING OFFICERS RECOMMENDED TO BE APPOINTED TO SERVE AS COMMANDER

OF UNITED STATES SPACE COMMAND.

It is the sense of Congress that the position of commander

of the United States Space Command, a position of importance

and responsibility designated by the President under section 601

of title 10, United States Code, to carry the grade of general

or admiral and covered by section 604 of that title, relating to

recommendations by the Secretary of Defense for appointment of

officers to certain four-star joint officer positions, should be filled

by the best qualified officer of the Army, Navy, Air Force, or

Marine Corps, rather than by officers from the same armed force

that has traditionally provided officers for that position.

Deadlines.

10 USC 2271

note.

115 STAT. 1198 PUBLIC LAW 107–107—DEC. 28, 2001

Subtitle C—Reports

SEC. 921. REVISED REQUIREMENT FOR CHAIRMAN OF THE JOINT

CHIEFS OF STAFF TO ADVISE SECRETARY OF DEFENSE

ON THE ASSIGNMENT OF ROLES AND MISSIONS TO THE

ARMED FORCES.

(a) ASSESSMENT DURING QUADRENNIAL DEFENSE REVIEW.—Section 118(e) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(e) CJCS REVIEW.—’’;

(2) by designating the second and third sentences as paragraph (3); and

(3) by inserting after paragraph (1), as designated by paragraph (1) of this subsection, the following new paragraph:

‘‘(2) The Chairman shall include as part of that assessment

the Chairman’s assessment of the assignment of functions (or roles

and missions) to the armed forces, together with any recommendations for changes in assignment that the Chairman considers necessary to achieve maximum efficiency of the armed forces. In preparing the assessment under this paragraph, the Chairman shall

consider (among other matters) the following: ‘‘(A) Unnecessary duplication of effort among the armed

forces. ‘‘(B) Changes in technology that can be applied effectively

to warfare.’’. (b) REPEAL OF REQUIREMENT FOR TRIENNIAL REPORT ON ASSIGNMENT OF ROLES AND MISSIONS.—Section 153 of such title is

amended—

(1) by striking ‘‘(a) PLANNING; ADVICE; POLICY FORMULATION.—’’; and

(2) by striking subsection (b).

(c) ASSESSMENT WITH RESPECT TO 2001 QDR.—With respect

to the 2001 Quadrennial Defense Review, the Chairman of the

Joint Chiefs of Staff shall submit to Congress a separate assessment

of functions (or roles and missions) of the Armed Forces in accordance with paragraph (2) of section 118(e) of title 10, United States

Code, as added by subsection (a)(3). Such assessment shall be

based on the findings in the 2001 Quadrennial Defense Review,

issued by the Secretary of Defense on September 30, 2001, and

shall be submitted to Congress not later than one year after the

date of the enactment of this Act.

SEC. 922. REVISED REQUIREMENTS FOR CONTENT OF ANNUAL

REPORT ON JOINT WARFIGHTING EXPERIMENTATION.

Section 485(b) of title 10, United States Code, is amended—

(1) in paragraph (4)(E)—

(A) by inserting ‘‘(by lease or by purchase)’’ after

‘‘acquire’’; and

(B) by inserting ‘‘(including any prototype)’’ after ‘‘or

equipment’’; and

(2) by adding at the end the following new paragraph:

‘‘(6) A specific assessment of whether there is a need for

a major force program for funding—

‘‘(A) joint warfighting experimentation; and

‘‘(B) the development and acquisition of any technology

the value of which has been empirically demonstrated

through such experimentation.’’.

Deadline.

10 USC 118 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1199

SEC. 923. REPEAL OF REQUIREMENT FOR ONE OF THREE REMAINING

REQUIRED REPORTS ON ACTIVITIES OF JOINT REQUIREMENTS OVERSIGHT COUNCIL.

Section 916 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–231) is amended—

(1) in the section heading, by striking ‘‘SEMIANNUAL

REPORT’’ and inserting ‘‘REPORTS’’;

(2) in subsection (a)—

(A) by striking ‘‘SEMIANNUAL REPORT’’ in the subsection

heading and inserting ‘‘REPORTS REQUIRED’’; and

(B) by striking ‘‘five semiannual’’; and

(3) in subsection (b)—

(A) by striking ‘‘September 1, 2002,’’; and

(B) by striking the period at the end of the last sentence

and inserting ‘‘, except that the last report shall cover

all of the preceding fiscal year.’’.

SEC. 924. REVISED JOINT REPORT ON ESTABLISHMENT OF NATIONAL

COLLABORATIVE INFORMATION ANALYSIS CAPABILITY.

(a) REVISED REPORT.—At the same time as the submission

of the budget for fiscal year 2003 under section 1105 of title 31,

United States Code, the Secretary of Defense and the Director

of Central Intelligence shall submit to the congressional defense

committees and the congressional intelligence committees a revised

report assessing alternatives for the establishment of a national

collaborative information analysis capability.

(b) MATTERS INCLUDED.—The revised report shall cover the

same matters required to be included in the DOD/CIA report,

except that the alternative architectures assessed in the revised

report shall be limited to architectures that include the participation

of all Federal agencies involved in the collection of intelligence.

The revised report shall also identify any issues that would require

legislative or regulatory changes in order to implement the preferred

architecture identified in the revised report.

(c) OFFICIALS TO BE CONSULTED.—The revised report shall

be prepared after consultation with all appropriate Federal officials,

including the following:

(1) The Secretary of the Treasury.

(2) The Secretary of Commerce.

(3) The Secretary of State.

(4) The Attorney General.

(5) The Director of the Federal Bureau of Investigation.

(6) The Administrator of the Drug Enforcement Administration.

(d) DEFINITIONS.—In this section:

(1) DOD/CIA REPORT.—The term ‘‘DOD/CIA report’’ means

the joint report required by section 933 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–

237).

(2) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term

‘‘congressional intelligence committees’’ means the Select Committee on Intelligence of the Senate and the Permanent Select

Committee on Intelligence of the House of Representatives.

10 USC 181 note.

115 STAT. 1200 PUBLIC LAW 107–107—DEC. 28, 2001

Subtitle D—Other Matters

SEC. 931. CONFORMING AMENDMENTS RELATING TO CHANGE OF

NAME OF MILITARY AIRLIFT COMMAND TO AIR MOBILITY

COMMAND.

(a) CURRENT REFERENCES IN TITLE 10, UNITED STATES CODE.—

Section 2554(d) of title 10, United States Code, and section 2555(a)

of such title (relating to transportation services for international

Girl Scout events) are amended by striking ‘‘Military Airlift Command’’ and inserting ‘‘Air Mobility Command’’.

(b) REPEAL OF OBSOLETE PROVISION.—Section 8074 of such

title is amended by striking subsection (c).

(c) REFERENCES IN TITLE 37, UNITED STATES CODE.—Sections

430(c) and 432(b) of title 37, United States Code, are amended

by striking ‘‘Military Airlift Command’’ and inserting ‘‘Air Mobility

Command’’.

SEC. 932. ORGANIZATIONAL REALIGNMENT FOR NAVY DIRECTOR FOR

EXPEDITIONARY WARFARE.

Section 5038(a) of title 10, United States Code, is amended

by striking ‘‘Office of the Deputy Chief of Naval Operations for

Resources, Warfare Requirements, and Assessments’’ and inserting

‘‘office of the Deputy Chief of Naval Operations with responsibility

for warfare requirements and programs’’.

TITLE X—GENERAL PROVISIONS

Subtitle A—Department of Defense Civilian Personnel

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authorization of supplemental appropriations for fiscal year 2001.

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal

year 2002.

Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations for

fiscal year 2002.

Sec. 1006. Maximum amount for National Foreign Intelligence Program.

Sec. 1007. Clarification of applicability of interest penalties for late payment of interim payments due under contracts for services.

Sec. 1008. Reliability of Department of Defense financial statements.

Sec. 1009. Financial Management Modernization Executive Committee and financial feeder systems compliance process.

Sec. 1010. Authorization of funds for ballistic missile defense programs or combating terrorism programs of the Department of Defense.

Subtitle B—Naval Vessels and Shipyards

Sec. 1011. Authority to transfer naval vessels to certain foreign countries.

Sec. 1012. Sale of Glomar Explorer to the lessee.

Sec. 1013. Leasing of Navy ships for university national oceanographic laboratory

system.

Sec. 1014. Increase in limitations on administrative authority of the Navy to settle

admiralty claims.

Subtitle C—Counter-Drug Activities

Sec. 1021. Extension and restatement of authority to provide Department of Defense support for counter-drug activities of other governmental agencies.

Sec. 1022. Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities.

Sec. 1023. Authority to transfer Tracker aircraft currently used by Armed Forces

for counter-drug purposes.

Sec. 1024. Limitation on use of funds for operation of Tethered Aerostat Radar System pending submission of required report.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1201

Subtitle D—Strategic Forces

Sec. 1031. Repeal of limitation on retirement or dismantlement of strategic nuclear

delivery systems. Sec. 1032. Air Force bomber force structure.

Sec. 1033. Additional element for revised nuclear posture review.

Sec. 1034. Report on options for modernization and enhancement of missile wing

helicopter support.

Subtitle E—Other Department of Defense Provisions

Sec. 1041. Secretary of Defense recommendation on need for Department of Defense review of proposed Federal agency actions to consider possible

impact on national defense. Sec. 1042. Department of Defense reports to Congress to be accompanied by electronic version upon request. Sec. 1043. Department of Defense gift authorities.

Sec. 1044. Acceleration of research, development, and production of medical countermeasures for defense against biological warfare agents. Sec. 1045. Chemical and biological protective equipment for military personnel and

civilian employees of the Department of Defense. Sec. 1046. Sale of goods and services by Naval Magazine, Indian Island, Alaska.

Sec. 1047. Report on procedures and guidelines for embarkation of civilian guests

on naval vessels for public affairs purposes. Sec. 1048. Technical and clerical amendments.

Sec. 1049. Termination of referendum requirement regarding continuation of military training on island of Vieques, Puerto Rico, and imposition of additional conditions on closure of live-fire training range.

Subtitle F—Other Matters

Sec. 1061. Assistance for firefighters.

Sec. 1062. Extension of times for Commission on the Future of the United States

Aerospace industry to report and to terminate. Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund.

Sec. 1064. Waiver of vehicle weight limits during periods of national emergency.

Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille Memorial,

Marnes-la-Coquette, France.

Subtitle A—Financial Matters

SEC. 1001. TRANSFER AUTHORITY.

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary

in the national interest, the Secretary may transfer amounts of

authorizations made available to the Department of Defense in

this division for fiscal year 2002 between any such authorizations

for that fiscal year (or any subdivisions thereof). Amounts of

authorizations so transferred shall be merged with and be available

for the same purposes as the authorization to which transferred.

(2) The total amount of authorizations that the Secretary may

transfer under the authority of this section may not exceed

$2,000,000,000.

(b) LIMITATIONS.—The authority provided by this section to

transfer authorizations—

(1) may only be used to provide authority for items that

have a higher priority than the items from which authority

is transferred; and

(2) may not be used to provide authority for an item that

has been denied authorization by Congress.

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made

from one account to another under the authority of this section

shall be deemed to increase the amount authorized for the account

to which the amount is transferred by an amount equal to the

amount transferred.

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify

Congress of each transfer made under subsection (a).

115 STAT. 1202 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex prepared by the committee of conference to accompany the conference

report on the bill S. 1438 of the One Hundred Seventh Congress

and transmitted to the President is hereby incorporated into this

Act.

(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The

amounts specified in the Classified Annex are not in addition to

amounts authorized to be appropriated by other provisions of this

Act.

(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified

Annex may only be expended for such program, project, or activity

in accordance with such terms, conditions, limitations, restrictions,

and requirements as are set out for that program, project, or activity

in the Classified Annex.

(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall

provide for appropriate distribution of the Classified Annex, or

of appropriate portions of the annex, within the executive branch

of the Government.

SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS

FOR FISCAL YEAR 2001.

Amounts authorized to be appropriated to the Department of

Defense for fiscal year 2001 in the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 (as enacted into law by

Public Law 106–398) are hereby adjusted, with respect to any

such authorized amount, by the amount by which appropriations

pursuant to such authorization were increased (by a supplemental

appropriation) or decreased (by a rescission), or both, in title I

of the Supplemental Appropriations Act, 2001 (Public Law 107–

20).

SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMONFUNDED BUDGETS IN FISCAL YEAR 2002.

(a) FISCAL YEAR 2002 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2002 for the commonfunded budgets of NATO may be any amount up to, but not in

excess of, the amount specified in subsection (b) (rather than the

maximum amount that would otherwise be applicable to those

contributions under the fiscal year 1998 baseline limitation).

(b) TOTAL AMOUNT.—The amount of the limitation applicable

under subsection (a) is the sum of the following:

(1) The amounts of unexpended balances, as of the end

of fiscal year 2001, of funds appropriated for fiscal years before

fiscal year 2002 for payments for those budgets.

(2) The amount specified in subsection (c)(1).

(3) The amount specified in subsection (c)(2).

(4) The total amount of the contributions authorized to

be made under section 2501.

(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appropriated by titles II and III of this Act are available for contributions

for the common-funded budgets of NATO as follows:

(1) Of the amount provided in section 201(1), $708,000

for the Civil Budget.

President.

10 USC 114 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1203

(2) Of the amount provided in section 301(a)(1), $175,849,000 for the Military Budget.

(d) DEFINITIONS.—For purposes of this section:

(1) COMMON-FUNDED BUDGETS OF NATO.—The term ‘‘common-funded budgets of NATO’’ means the Military Budget,

the Security Investment Program, and the Civil Budget of

the North Atlantic Treaty Organization (and any successor

or additional account or program of NATO).

(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term ‘‘fiscal year 1998 baseline limitation’’ means the maximum

annual amount of Department of Defense contributions for

common-funded budgets of NATO that is set forth as the annual

limitation in section 3(2)(C)(ii) of the resolution of the Senate

giving the advice and consent of the Senate to the ratification

of the Protocols to the North Atlantic Treaty of 1949 on the

Accession of Poland, Hungary, and the Czech Republic (as

defined in section 4(7) of that resolution), approved by the

Senate on April 30, 1998.

SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2002.

(a) LIMITATION.—Of the amounts authorized to be appropriated

by section 301(a)(24) for the Overseas Contingency Operations

Transfer Fund—

(1) no more than $1,315,600,000 may be obligated for incremental costs of the Armed Forces for Bosnia peacekeeping

operations; and

(2) no more than $1,528,600,000 may be obligated for incremental costs of the Armed Forces for Kosovo peacekeeping

operations.

(b) PRESIDENTIAL WAIVER.—The President may waive the

limitation in subsection (a)(1), or the limitation in subsection (a)(2),

after submitting to Congress the following:

(1) The President’s written certification that the waiver

is necessary in the national security interests of the United

States.

(2) The President’s written certification that exercising the

waiver will not adversely affect the readiness of United States

military forces.

(3) A report setting forth the following:

(A) The reasons that the waiver is necessary in the

national security interests of the United States.

(B) The specific reasons that additional funding is

required for the continued presence of United States military forces participating in, or supporting, Bosnia peacekeeping operations, or Kosovo peacekeeping operations, as

the case may be, for fiscal year 2002.

(C) A discussion of the impact on the military readiness

of United States Armed Forces of the continuing deployment of United States military forces participating in, or

supporting, Bosnia peacekeeping operations, or Kosovo

peacekeeping operations, as the case may be.

(4) A supplemental appropriations request for the Department of Defense for such amounts as are necessary for the

additional fiscal year 2002 costs associated with United States

military forces participating in, or supporting, Bosnia or Kosovo

peacekeeping operations.

115 STAT. 1204 PUBLIC LAW 107–107—DEC. 28, 2001

(c) PEACEKEEPING OPERATIONS DEFINED.—For the purposes of

this section:

(1) The term ‘‘Bosnia peacekeeping operations’’ has the

meaning given such term in section 1004(e) of the Strom

Thurmond National Defense Authorization Act for Fiscal Year

1999 (Public Law 105–261; 112 Stat. 2112).

(2) The term ‘‘Kosovo peacekeeping operations’’—

(A) means the operation designated as Operation Joint

Guardian and any other operation involving the participation of any of the Armed Forces in peacekeeping or peace

enforcement activities in and around Kosovo; and

(B) includes, with respect to Operation Joint Guardian

or any such other operation, each activity that is directly

related to the support of the operation.

SEC. 1006. MAXIMUM AMOUNT FOR NATIONAL FOREIGN INTELLIGENCE PROGRAM.

The total amount authorized to be appropriated for the National

Foreign Intelligence Program for fiscal year 2002 is the sum of

the following:

(1) The total amount set forth for the National Foreign

Intelligence Program for fiscal year 2002 in the message of

the President to Congress transmitted by the President on

June 27, 2001, and printed as House Document 107–92, captioned ‘‘Communication of the President of the United States

Transmitting Requests for Fiscal Year 2002 Budget Amendments for the Department of Defense’’.

(2) The total amount, if any, appropriated for the National

Foreign Intelligence Program for fiscal year 2002 pursuant

to the 2001 Emergency Supplemental Appropriations Act for

Recovery from and Response to Terrorist Attacks on the United

States (Public Law 107–38; 115 Stat. 220–221).

(3) The total amount, if any, appropriated for the National

Foreign Intelligence Program for fiscal year 2002 in any law

making supplemental appropriations for fiscal year 2002 that

is enacted during the second session of the 107th Congress.

SEC. 1007. CLARIFICATION OF APPLICABILITY OF INTEREST PENALTIES FOR LATE PAYMENT OF INTERIM PAYMENTS DUE

UNDER CONTRACTS FOR SERVICES.

Section 1010(d) 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–251) is amended by inserting

before the period at the end of the first sentence the following:

‘‘, and shall apply with respect to interim payments that are due

on or after such date under contracts entered into before, on,

or after that date’’.

SEC. 1008. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL

STATEMENTS.

(a) ANNUAL REPORT ON RELIABILITY.—(1) Not later than September 30 of each year but subject to subsection (f), the Secretary

of Defense shall submit to the recipients specified in paragraph

(3) a report on the reliability of the Department of Defense financial

statements, including the financial statements of each component

of the Department that is required to prepare a financial statement

under section 3515(c) of title 31, United States Code.

(2) The annual report shall contain the following:

Deadline.

10 USC 2222

note.

31 USC 3902

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1205

(A) A conclusion regarding whether the policies and procedures of the Department of Defense, and the systems used

within the Department of Defense, for the preparation of financial statements allow the achievement of reliability in those

financial statements.

(B) For each of the financial statements prepared for the

Department of Defense for the fiscal year in which the report

is submitted, a conclusion regarding the expected reliability

of the financial statement (evaluated on the basis of Office

of Management and Budget guidance on financial statements),

together with a discussion of the major deficiencies to be

expected in the statement.

(C) A summary of the specific sections of the annual Financial Management Improvement Plan of the Department of

Defense, current as of the date of the report, that—

(i) detail the priorities, milestones, and measures of

success that apply to the preparation of the financial statements;

(ii) detail the planned improvements in the process

for the preparation of financial statements that are to

be implemented within 12 months after the date on which

the plan is issued; and

(iii) provide an estimate of when each financial statement will convey reliable information.

(3) The annual report shall be submitted to the following:

(A) The Committee on Armed Services and the Committee

on Governmental Affairs of the Senate.

(B) The Committee on Armed Services and the Committee

on Government Reform of the House of Representatives.

(C) The Director of the Office of Management and Budget.

(D) The Secretary of the Treasury.

(E) The Comptroller General of the United States.

(4) The Secretary of Defense shall make a copy of the annual

report available to the Inspector General of the Department of

Defense.

(b) MINIMIZATION OF USE OF RESOURCES FOR UNRELIABLE

FINANCIAL STATEMENTS.—(1) With respect to each financial statement for a fiscal year that the Secretary of Defense assesses as

being expected to be unreliable in the annual report under subsection (a), the Under Secretary of Defense (Comptroller) shall

take appropriate actions to minimize, consistent with the benefits

to be derived, the resources (including contractor support) that

are used to develop, compile, and report the financial statement.

(2) With the annual budget justifications for the Department

of Defense submitted to Congress each year, the Under Secretary

of Defense (Comptroller) shall submit, with respect to the fiscal

year in which submitted, the preceding fiscal year, and the following

fiscal year, the following information:

(A) An estimate of the resources that the Department of

Defense is saving or expects to save as a result of actions

taken and to be taken under paragraph (1) with respect to

the preparation of financial statements.

(B) A discussion of how the resources saved as estimated

under subparagraph (A) have been redirected or are to be

redirected from the preparation of financial statements to the

improvement of systems underlying financial management

within the Department of Defense and to the improvement

115 STAT. 1206 PUBLIC LAW 107–107—DEC. 28, 2001

of financial management policies, procedures, and internal controls within the Department of Defense.

(c) INFORMATION TO AUDITORS.—Not later than October 31 of

each year, the Under Secretary of Defense (Comptroller) and the

Assistant Secretary of each military department with responsibility

for financial management and comptroller functions shall each provide to the auditors of the financial statement of that official’s

department for the fiscal year ending during the preceding month

that official’s preliminary management representation, in writing,

regarding the expected reliability of the financial statement. The

representation shall be consistent with guidance issued by the

Director of the Office of Management and Budget and shall include

the basis for the reliability assessment stated in the representation.

(d) LIMITATION ON INSPECTOR GENERAL AUDITS.—(1) On each

financial statement that an official asserts is unreliable under subsection (b) or (c), the Inspector General of the Department of

Defense shall only perform the audit procedures required by generally accepted government auditing standards consistent with any

representation made by management.

(2) With the annual budget justifications for the Department

of Defense submitted to Congress each year, the Under Secretary

of Defense (Comptroller) shall submit, with respect to the fiscal

year in which submitted, the preceding fiscal year, and the following

fiscal year, information which the Inspector General shall report

to the Under Secretary, as follows:

(A) An estimate of the resources that the Inspector General

is saving or expects to save as a result of actions taken and

to be taken under paragraph (1) with respect to the auditing

of financial statements.

(B) A discussion of how the resources saved as estimated

under subparagraph (A) have been redirected or are to be

redirected from the auditing of financial statements to the

oversight and improvement of systems underlying financial

management within the Department of Defense and to the

oversight and improvement of financial management policies,

procedures, and internal controls within the Department of

Defense.

(e) EFFECTIVE DATE.—The requirements of this section shall

apply with respect to financial statements for fiscal years after

fiscal year 2001 and to the auditing of those financial statements.

(f) TERMINATION OF APPLICABILITY.—If the Secretary of Defense

certifies to the Inspector General of the Department of Defense

that the financial statement for the Department of Defense, or

a financial statement for a component of the Department of Defense,

for a fiscal year is reliable, this section shall not apply with respect

to that financial statement or to any successive financial statement

for the Department of Defense, or for that component, as the case

may be, for any later fiscal year.

SEC. 1009. FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE

COMMITTEE AND FINANCIAL FEEDER SYSTEMS COMPLIANCE PROCESS.

(a) EXECUTIVE COMMITTEE.—(1) Chapter 7 of title 10, United

States Code, is amended by adding at the end the following new

section:

Applicability.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1207

‘‘§ 185. Financial Management Modernization Executive

Committee

‘‘(a) ESTABLISHMENT OF FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall

establish a Financial Management Modernization Executive Committee.

‘‘(2) The Committee shall be composed of the following:

‘‘(A) The Under Secretary of Defense (Comptroller), who

shall be the chairman of the committee.

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics.

‘‘(C) The Under Secretary of Defense for Personnel and

Readiness.

‘‘(D) The Chief Information Officer of the Department of

Defense.

‘‘(E) Such additional personnel of the Department of

Defense (including appropriate personnel of the military departments and Defense Agencies) as are designated by the Secretary.

‘‘(3) The Committee shall be accountable to the Senior Executive

Council (composed of the Secretary of Defense, the Deputy Secretary

of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Secretary of the Army, the Secretary

of the Navy, and the Secretary of the Air Force).

‘‘(b) DUTIES.—In addition to other matters assigned to it by

the Secretary of Defense, the Committee shall have the following

duties:

‘‘(1) To establish a process that ensures that each critical

accounting system, financial management system, and data

feeder system of the Department of Defense is compliant with

applicable Federal financial management and reporting requirements.

‘‘(2) To develop a management plan for the implementation

of the financial and data feeder systems compliance process

established pursuant to paragraph (1).

‘‘(3) To supervise and monitor the actions that are necessary

to implement the management plan developed pursuant to

paragraph (2), as approved by the Secretary of Defense.

‘‘(4) To ensure that a Department of Defense financial

management enterprise architecture is developed and maintained in accordance with—

‘‘(A) the overall business process transformation

strategy of the Department; and

‘‘(B) the architecture framework of the Department

for command, control, communications, computers, intelligence, surveillance, and reconnaissance functions.

‘‘(5) To ensure that investments in existing or proposed

financial management systems for the Department comply with

the overall business practice transformation strategy of the

Department and the financial management enterprise architecture developed under paragraph (4).

‘‘(6) To provide an annual accounting of each financial

and data feeder system investment technology project to ensure

that each such project is being implemented at acceptable cost

and within a reasonable schedule and is contributing to tangible, observable improvements in mission performance.

115 STAT. 1208 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(c) MANAGEMENT PLAN FOR IMPLEMENTATION OF FINANCIAL

DATA FEEDER SYSTEMS COMPLIANCE PROCESS.—The management

plan developed under subsection (b)(2) shall include among its

principal elements at least the following elements:

‘‘(1) A requirement for the establishment and maintenance

of a complete inventory of all budgetary, accounting, finance,

and data feeder systems that support the transformed business

processes of the Department and produce financial statements.

‘‘(2) A phased process (consisting of the successive phases

of Awareness, Evaluation, Renovation, Validation, and Compliance) for improving systems referred to in paragraph (1) that

provides for mapping financial data flow from the cognizant

Department business function source (as part of the overall

business process transformation strategy of the Department)

to Department financial statements.

‘‘(3) Periodic submittal to the Secretary of Defense, the

Deputy Secretary of Defense, and the Senior Executive Council

(or any combination thereof) of reports on the progress being

made in achieving financial management transformation goals

and milestones included in the annual financial management

improvement plan in 2002.

‘‘(4) Documentation of the completion of each phase specified in paragraph (2) of improvements made to each accounting,

finance, and data feeder system of the Department.

‘‘(5) Independent audit by the Inspector General of the

Department, the audit agencies of the military departments,

and private sector firms contracted to conduct validation audits

(or any combination thereof) at the validation phase for each

accounting, finance, and data feeder system.

‘‘(d) DATA FEEDER SYSTEMS.—In this section, the term ‘data

feeder system’ has the meaning given that term in section 2222(c)(2)

of this title.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘185. Financial Management Modernization Executive Committee.’’.

(b) ANNUAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.—

(1) Subsection (a) of section 2222 of title 10, United States Code,

is amended—

(A) by striking ‘‘BIENNIAL’’ in the subsection heading and

inserting ‘‘ANNUAL’’;

(B) by striking ‘‘a biennial’’ in the first sentence and

inserting ‘‘an annual’’; and

(C) by striking ‘‘even-numbered’’ in the second sentence.

(2) Subsection (c) of such section is amended—

(A) by redesignating paragraph (2) as paragraph (3); and

(B) by inserting after paragraph (1) the following new

paragraph (2):

‘‘(2) In each such plan, the Secretary shall include the following:

‘‘(A) A description of the actions to be taken in the fiscal

year beginning in the year in which the plan is submitted

to implement the annual performance goals, and the performance milestones, included in the financial management

improvement plan submitted in 2002 pursuant to paragraphs

(1) and (2), respectively, of section 1009(c) of the National

Defense Authorization Act for Fiscal Year 2002.

Reports.

Records.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1209

‘‘(B) An estimate of the amount expended in the fiscal

year ending in the year in which the plan is submitted to

implement the financial management improvement plan in such

preceding calendar year, set forth by system.

‘‘(C) If an element of the financial management improvement plan submitted in the fiscal year ending in the year

in which the plan is submitted was not implemented, a justification for the lack of implementation of such element.’’.

(3)(A) The heading of such section is amended to read as

follows:

‘‘§ 2222. Annual financial management improvement plan’’.

(B) The item relating to section 2222 in the table of sections

at the beginning of chapter 131 of such title is amended to read

as follows:

‘‘2222. Annual financial management improvement plan.’’.

(c) ADDITIONAL ELEMENTS FOR FINANCIAL MANAGEMENT

IMPROVEMENT PLAN IN 2002.—In the annual financial management

improvement plan submitted under section 2222 of title 10, United

States Code, in 2002, the Secretary of Defense shall include the

following:

(1) Measurable annual performance goals for improvement

of the financial management of the Department of Defense.

(2) Performance milestones for initiatives under that plan

for transforming the financial management operations of the

Department of Defense and for implementing a financial

management architecture for the Department.

(3) An assessment of the anticipated annual cost of any

plans for transforming the financial management operations

of the Department of Defense and for implementing a financial

management architecture for the Department.

(4) A discussion of the following:

(A) The roles and responsibilities of appropriate

Department officials to ensure the supervision and monitoring of the compliance of each accounting, finance, and

data feeder system of the Department with—

(i) the business practice transformation strategy

of the Department;

(ii) the financial management architecture of the

Department; and

(iii) applicable Federal financial management systems and reporting requirements.

(B) A summary of the actions taken by the Financial

Management Modernization Executive Committee to

ensure that such systems comply with—

(i) the business practice transformation strategy

of the Department;

(ii) the financial management architecture of the

Department; and

(iii) applicable Federal financial management systems and reporting requirements.

(d) EFFECTIVE DATE.—Paragraph (2) of section 2222(c) of title

10, United States Code, as added by subsection (b)(2), shall not

apply with respect to the annual financial management improvement plan submitted under section 2222 of title 10, United States

Code, in 2002.

10 USC 2222

note.

10 USC 2222

note.

115 STAT. 1210 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 1010. AUTHORIZATION OF FUNDS FOR BALLISTIC MISSILE

DEFENSE PROGRAMS OR COMBATING TERRORISM PROGRAMS OF THE DEPARTMENT OF DEFENSE.

(a) AUTHORIZATION.—There is hereby authorized to be appropriated for fiscal year 2002 for the military functions of the Department of Defense, in addition to amounts authorized to be appropriated in titles I, II, and III, the amount of $1,300,000,000, 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 Ballistic Missile Defense

Organization.

(2) Activities of the Department of Defense for combating

terrorism.

(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 allocation

and the Secretary’s plan for the use by the Department of Defense

of the funds made available pursuant to such allocation.

Subtitle B—Naval Vessels and Shipyards

SEC. 1011. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN

FOREIGN COUNTRIES.

(a) TRANSFERS BY GRANT.—The President is authorized to

transfer vessels to foreign countries on a grant basis under section

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as

follows:

(1) POLAND.—To the Government of Poland, the OLIVER

HAZARD PERRY class guided missile frigate WADSWORTH

(FFG 9).

(2) TURKEY.—To the Government of Turkey, the KNOX

class frigates CAPODANNO (FF 1093), THOMAS C. HART

(FF 1092), DONALD B. BEARY (FF 1085), McCANDLESS

(FF 1084), REASONER (FF 1063), and BOWEN (FF 1079).

(b) TRANSFERS BY SALE.—The President is authorized to

transfer vessels to foreign governments and foreign governmental

entities on a sale basis under section 21 of the Arms Export Control

Act (22 U.S.C. 2761) as follows:

(1) TAIWAN.—To the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan

instrumentality designated pursuant to section 10(a) of the

Taiwan Relations Act), the KIDD class guided missile

Deadline.

Reports.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1211

destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT

(DDG 995), and CHANDLER (DDG 996).

(2) TURKEY.—To the Government of Turkey, the OLIVER

HAZARD PERRY class guided missile frigates ESTOCIN (FFG

15) and SAMUEL ELIOT MORISON (FFG 13).

(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED

EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to

another country on a grant basis under section 516 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority

provided by subsection (a) shall not be counted for the purposes

of subsection (g) of that section in the aggregate value of excess

defense articles transferred to countries under that section in any

fiscal year.

(d) COSTS OF TRANSFERS ON GRANT BASIS.—Any expense

incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient (notwithstanding section 516(e)(1) of the Foreign Assistance Act of 1961

(22 U.S.C. 2321j(e)(1))) in the case of a transfer authorized to

be made on a grant basis under subsection (a).

(e) WAIVER AUTHORITY.—For a vessel transferred on a grant

basis pursuant to authority provided by subsection (a)(2), the President may waive reimbursement of charges for the lease of that

vessel under section 61(a) of the Arms Export Control Act (22

U.S.C. 2796(a)) for a period of one year before the date of the

transfer of that vessel.

(f) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall

require, as a condition of the transfer of a vessel under this section,

that the country to which the vessel is transferred have such

repair or refurbishment of the vessel as is needed, before the

vessel joins the naval forces of that country, performed at a shipyard

located in the United States, including a United States Navy shipyard.

(g) EXPIRATION OF AUTHORITY.—The authority to transfer a

vessel under this section shall expire at the end of the two-year

period beginning on the date of the enactment of this Act.

SEC. 1012. SALE OF GLOMAR EXPLORER TO THE LESSEE.

(a) AUTHORITY.—The Secretary of the Navy may convey by

sale all right, title, and interest of the United States in and to

the vessel GLOMAR EXPLORER (AG 193) to the person who,

on the date of the enactment of this Act, is the lessee of the

vessel.

(b) CONSIDERATION.—The price for which the vessel is sold

under subsection (a) shall be a fair and reasonable amount determined by the Secretary of the Navy.

(c) ADDITIONAL TERMS.—The Secretary may require such additional terms in connection with the conveyance authorized by this

section as the Secretary considers appropriate.

(d) PROCEEDS OF SALE.—Amounts received by the Secretary

from the sale under this section may, to the extent provided in

an appropriations Act, be credited to the appropriation available

for providing salvage facilities under section 7361 of title 10, United

States Code, and are authorized to remain available until expended

for that purpose.

President.

115 STAT. 1212 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 1013. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL

OCEANOGRAPHIC LABORATORY SYSTEM.

Subsection (g) of section 2667 of title 10, United States Code,

is amended by adding at the end the following new paragraph:

‘‘(3) Paragraph (1) does not apply to a renewal or extension

of a lease by the Secretary of the Navy with a selected institution

for operation of a ship within the University National Oceanographic Laboratory System if, under the lease, each of the following

applies:

‘‘(A) Use of the ship is restricted to federally supported

research programs and to non-Federal uses under specific conditions with approval by the Secretary of the Navy.

‘‘(B) Because of the anticipated value to the Navy of the

oceanographic research and training that will result from the

ship’s operation, no monetary lease payments are required from

the lessee under the initial lease or under any renewal or

extension.

‘‘(C) The lessee is required to maintain the ship in a good

state of repair, readiness, and efficient operating condition,

conform to all applicable regulatory requirements, and assume

full responsibility for the safety of the ship, its crew, and

scientific personnel aboard.’’.

SEC. 1014. INCREASE IN LIMITATIONS ON ADMINISTRATIVE AUTHORITY OF THE NAVY TO SETTLE ADMIRALTY CLAIMS.

(a) ADMIRALTY CLAIMS AGAINST THE UNITED STATES.—Section

7622 of title 10, United States Code, is amended—

(1) in subsections (a) and (b), by striking ‘‘$1,000,000’’ and

inserting ‘‘$15,000,000’’; and

(2) in subsection (c), by striking ‘‘$100,000’’ and inserting

‘‘$1,000,000’’.

(b) ADMIRALTY CLAIMS BY THE UNITED STATES.—Section 7623

of such title is amended—

(1) in subsection (a)(2), by striking ‘‘$1,000,000’’ and

inserting ‘‘$15,000,000’’; and

(2) in subsection (c), by striking ‘‘$100,000’’ and inserting

‘‘$1,000,000’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall apply with respect to any claim accruing on or after February

1, 2001.

Subtitle C—Counter-Drug Activities

SEC. 1021. EXTENSION AND RESTATEMENT OF AUTHORITY TO PROVIDE DEPARTMENT OF DEFENSE SUPPORT FOR

COUNTER-DRUG ACTIVITIES OF OTHER GOVERNMENTAL

AGENCIES.

Section 1004 of the National Defense Authorization Act for

Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 374 note) is

amended to read as follows:

‘‘SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES.

‘‘(a) SUPPORT TO OTHER AGENCIES.—During fiscal years 2002

through 2006, the Secretary of Defense may provide support for

the counter-drug activities of any other department or agency of

the Federal Government or of any State, local, or foreign law

10 USC 7622

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1213

enforcement agency for any of the purposes set forth in subsection

(b) if such support is requested— ‘‘(1) by the official who has responsibility for the counterdrug activities of the department or agency of the Federal

Government, in the case of support for other departments or

agencies of the Federal Government;

‘‘(2) by the appropriate official of a State or local government, in the case of support for State or local law enforcement

agencies; or

‘‘(3) by an appropriate official of a department or agency

of the Federal Government that has counter-drug responsibilities, in the case of support for foreign law enforcement agencies.

‘‘(b) TYPES OF SUPPORT.—The purposes for which the Secretary

of Defense may provide support under subsection (a) are the following: ‘‘(1) The maintenance and repair of equipment that has

been made available to any department or agency of the Federal

Government or to any State or local government by the Department of Defense for the purposes of— ‘‘(A) preserving the potential future utility of such

equipment for the Department of Defense; and ‘‘(B) upgrading such equipment to ensure compatibility

of that equipment with other equipment used by the

Department of Defense.

‘‘(2) The maintenance, repair, or upgrading of equipment

(including computer software), other than equipment referred

to in paragraph (1) for the purpose of—

‘‘(A) ensuring that the equipment being maintained

or repaired is compatible with equipment used by the

Department of Defense; and

‘‘(B) upgrading such equipment to ensure the compatibility of that equipment with equipment used by the

Department of Defense.

‘‘(3) The transportation of personnel of the United States

and foreign countries (including per diem expenses associated

with such transportation), and the transportation of supplies

and equipment, for the purpose of facilitating counter-drug

activities within or outside the United States.

‘‘(4) The establishment (including an unspecified minor

military construction project) and operation of bases of operations or training facilities for the purpose of facilitating

counter-drug activities of the Department of Defense or any

Federal, State, or local law enforcement agency within or outside the United States or counter-drug activities of a foreign

law enforcement agency outside the United States.

‘‘(5) Counter-drug related training of law enforcement personnel of the Federal Government, of State and local governments, and of foreign countries, including associated support

expenses for trainees and the provision of materials necessary

to carry out such training.

‘‘(6) The detection, monitoring, and communication of the

movement of—

‘‘(A) air and sea traffic within 25 miles of and outside

the geographic boundaries of the United States; and

‘‘(B) surface traffic outside the geographic boundary

of the United States and within the United States not

115 STAT. 1214 PUBLIC LAW 107–107—DEC. 28, 2001

to exceed 25 miles of the boundary if the initial detection

occurred outside of the boundary.

‘‘(7) Construction of roads and fences and installation of

lighting to block drug smuggling corridors across international

boundaries of the United States.

‘‘(8) Establishment of command, control, communications,

and computer networks for improved integration of law enforcement, active military, and National Guard activities.

‘‘(9) The provision of linguist and intelligence analysis services.

‘‘(10) Aerial and ground reconnaissance.

‘‘(c) LIMITATION ON COUNTER-DRUG REQUIREMENTS.—The Secretary of Defense may not limit the requirements for which support

may be provided under subsection (a) only to critical, emergent,

or unanticipated requirements. ‘‘(d) CONTRACT AUTHORITY.—In carrying out subsection (a), the

Secretary of Defense may acquire services or equipment by contract

for support provided under that subsection if the Department of

Defense would normally acquire such services or equipment by

contract for the purpose of conducting a similar activity for the

Department of Defense. ‘‘(e) LIMITED WAIVER OF PROHIBITION.—Notwithstanding section

376 of title 10, United States Code, the Secretary of Defense may

provide support pursuant to subsection (a) in any case in which

the Secretary determines that the provision of such support would

adversely affect the military preparedness of the United States

in the short term if the Secretary determines that the importance

of providing such support outweighs such short-term adverse effect.

‘‘(f) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN

AGENCIES.—In providing support pursuant to subsection (a), the

Secretary of Defense may plan and execute otherwise valid military

training or operations (including training exercises undertaken

pursuant to section 1206(a) of the National Defense Authorization

Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103

Stat. 1564)) for the purpose of aiding civilian law enforcement

agencies.

‘‘(g) RELATIONSHIP TO OTHER LAWS.—(1) The authority provided

in this section for the support of counter-drug activities by the

Department of Defense is in addition to, and except as provided

in paragraph (2), not subject to the requirements of chapter 18

of title 10, United States Code.

‘‘(2) Support under this section shall be subject to the provisions

of section 375 and, except as provided in subsection (e), section

376 of title 10, United States Code.

‘‘(h) CONGRESSIONAL NOTIFICATION OF FACILITIES PROJECTS.—

(1) When a decision is made to carry out a military construction

project described in paragraph (2), the Secretary of Defense shall

submit to the congressional defense committees written notice of

the decision, including the justification for the project and the

estimated cost of the project. The project may be commenced only

after the end of the 21-day period beginning on the date on which

the written notice is received by Congress.

‘‘(2) Paragraph (1) applies to an unspecified minor military

construction project that—

‘‘(A) is intended for the modification or repair of a Department of Defense facility for the purpose set forth in subsection

(b)(4); and

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1215

‘‘(B) has an estimated cost of more than $500,000.’’.

SEC. 1022. EXTENSION OF REPORTING REQUIREMENT REGARDING

DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT

FOREIGN COUNTER-DRUG ACTIVITIES.

Section 1022 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–255) is amended—

(1) by inserting ‘‘and April 15, 2002,’’ after ‘‘January 1,

2001,’’; and

(2) by striking ‘‘fiscal year 2000’’ and inserting ‘‘the preceding fiscal year’’.

SEC. 1023. AUTHORITY TO TRANSFER TRACKER AIRCRAFT CURRENTLY USED BY ARMED FORCES FOR COUNTER-DRUG

PURPOSES.

(a) TRANSFER AUTHORITY.—The Secretary of Defense may

transfer to the administrative jurisdiction and operational control

of another Federal agency all Tracker aircraft in the inventory

of the Department of Defense.

(b) EFFECT OF FAILURE TO TRANSFER.—If the transfer authority

provided by subsection (a) is not exercised by the Secretary of

Defense by September 30, 2002, any Tracker aircraft remaining

in the inventory of the Department of Defense may not be used

by the Armed Forces for counter-drug purposes after that date.

SEC. 1024. LIMITATION ON USE OF FUNDS FOR OPERATION OF TETHERED AEROSTAT RADAR SYSTEM PENDING SUBMISSION

OF REQUIRED REPORT.

Not more than 50 percent of the funds appropriated or otherwise made available for fiscal year 2002 for operation of the Tethered Aerostat Radar System, which is used by the Armed Forces

in maritime, air, and land counter-drug detection and monitoring,

may be obligated or expended until such time as the Secretary

of Defense submits to Congress the report on the status of the

Tethered Aerostat Radar System required by section 1025 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–256).

Subtitle D—Strategic Forces

SEC. 1031. REPEAL OF LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS.

Section 1302 of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1948) is repealed.

SEC. 1032. AIR FORCE BOMBER FORCE STRUCTURE.

(a) LIMITATION.—None of the funds available to the Department

of Defense for fiscal year 2002 may be obligated or expended for

retiring or dismantling any of the 93 B–1B Lancer bombers in

service as of June 1, 2001, or for transferring or reassigning any

of those aircraft from the unit or facility to which assigned as

of that date, until 15 days after the Secretary of the Air Force

submits to the Committee on Armed Services of the Senate and

the Committee on Armed Services of the House of Representatives

a report on the Air Force bomber force structure.

Reports.

115 STAT. 1216 PUBLIC LAW 107–107—DEC. 28, 2001

(b) MATTERS TO BE INCLUDED.—The report under subsection

(a) shall set forth the following:

(1) The Air Force plan for the modernization of the B– 1B aircraft fleet, including a transition plan for implementation

of that modernization plan and a description of the basing

options for the aircraft in that fleet.

(2) The amount and type of bomber force structure in

the Air Force appropriate to meet the requirements of the

national security strategy of the United States.

(3) Specifications of new missions to be assigned to the

National Guard units that currently fly B–1 aircraft and the

transition of those units and their facilities from the current

B–1 mission to their future missions.

(4) A description of the potential effect of the proposed

consolidation and reduction of the B–1 fleet on other National

Guard units in the affected States.

(5) A justification of the cost and projected savings of

consolidating and reducing the B–1 fleet.

(c) AMOUNT AND TYPE OF BOMBER FORCE STRUCTURE

DEFINED.—In this section, the term ‘‘amount and type of bomber

force structure’’ means the number of B–2 aircraft, B–52 aircraft,

and B–1 aircraft that are required to carry out the current national

security strategy.

SEC. 1033. ADDITIONAL ELEMENT FOR REVISED NUCLEAR POSTURE

REVIEW.

Section 1041(b) 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) is amended by adding

at the end the following new paragraph:

‘‘(7) The possibility of deactivating or dealerting nuclear

warheads or delivery systems immediately, or immediately after

a decision to retire any specific warhead, class of warheads,

or delivery system.’’.

SEC. 1034. REPORT ON OPTIONS FOR MODERNIZATION AND ENHANCEMENT OF MISSILE WING HELICOPTER SUPPORT.

(a) REPORT REQUIRED.—The Secretary of Defense shall prepare

a report regarding the options for providing the helicopter support

missions for the Air Force intercontinental ballistic missile wings

at Minot Air Force Base, North Dakota, Malmstrom Air Force

Base, Montana, and F.E. Warren Air Force Base, Wyoming, for

as long as these missions are required. The report shall include

the Secretary’s recommendations on a preferred option.

(b) OPTIONS.—Options to be reviewed under subsection (a)

include the following:

(1) The current plan of the Air Force for replacement

or modernization of UH–1N helicopters currently flown by the

Air Force at the missile wings.

(2) Replacement of the UH–1N helicopters currently flown

by the Air Force with UH–60 Black Hawk helicopters, the

UH–1Y helicopter, or another platform.

(3) Replacement of the UH–1N helicopters with UH–60

helicopters and transition of the mission to the Army National

Guard, as detailed in the Air Force Space Command/Army

National Guard plan entitled ‘‘ARNG Helicopter Support to

Air Force Space Command’’ and dated November 2000.

10 USC 118 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1217

(4) Replacement of the UH–1N helicopters with UH–60

helicopters or another platform, and establishment of composite

units combining active duty Air Force and Army National

Guard personnel.

(5) Such other options as the Secretary of Defense considers

appropriate.

(c) FACTORS.—Factors to be considered in preparing the report

under subsection (a) include the following:

(1) Any implications of transferring the helicopter support

missions on the command and control of, and responsibility

for, missile field force protection.

(2) Current and future operational requirements, and the

capabilities of the UH–1N or UH–60 helicopter or other aircraft

to meet such requirements.

(3) Cost, with particular attention to opportunities to

realize efficiencies over the long run.

(4) Implications for personnel training and retention.

(5) Evaluation of the assumptions used in the plan specified

in subsection (b)(3).

(d) CONSIDERATION.—In preparing the report under subsection

(a), the Secretary of Defense shall consider carefully the views

of the Secretary of the Army, the Secretary of the Air Force,

the commander of the United States Strategic Command, and the

Chief of the National Guard Bureau.

(e) SUBMISSION OF REPORT.—The report required by subsection

(a) shall be submitted to the congressional defense committees

not later than the date on which the President submits to Congress

the budget under section 1105 of title 31, United States Code,

for fiscal year 2003.

Subtitle E—Other Department of Defense

Provisions

SEC. 1041. SECRETARY OF DEFENSE RECOMMENDATION ON NEED

FOR DEPARTMENT OF DEFENSE REVIEW OF PROPOSED

FEDERAL AGENCY ACTIONS TO CONSIDER POSSIBLE

IMPACT ON NATIONAL DEFENSE.

(a) RECOMMENDATION ON NEED FOR DEFENSE IMPACT REVIEW

PROCESS.—The Secretary of Defense shall submit to the President

the Secretary’s recommendation as to whether there should be

established within the executive branch a defense impact review

process. The Secretary shall submit a copy of such recommendation

to Congress.

(b) DEFENSE IMPACT REVIEW PROCESS.—(1) For purposes of

this section, the term ‘‘defense impact review process’’ means a

formal process within the executive branch— (A) to provide for review by the Department of Defense

of certain proposed actions of other Federal departments and

agencies to identify any reasonably foreseeable significant

adverse impact of such a proposed action on national defense;

and

(B) when such a review indicates that a proposed agency

action may have such an adverse impact—

(i) to afford the Secretary of Defense a timely opportunity to make recommendations for means to eliminate

or mitigate any such adverse impact; and

Deadline.

115 STAT. 1218 PUBLIC LAW 107–107—DEC. 28, 2001

(ii) to afford an opportunity for those recommendations

to be given reasonable and timely consideration by the

agency to which provided.

(2) For purposes of such a review process, the proposed agency

actions subject to review would be those for which a significant

adverse impact on national defense is reasonably foreseeable and

that meet such additional criteria as may be specified by the Secretary of Defense.

(c) TIME FOR SUBMISSION OF RECOMMENDATION.—The Secretary

shall submit the Secretary’s recommendation under subsection (a)

not later than 180 days after the date of the enactment of this

Act.

SEC. 1042. DEPARTMENT OF DEFENSE REPORTS TO CONGRESS TO

BE ACCOMPANIED BY ELECTRONIC VERSION UPON

REQUEST.

(a) IN GENERAL.—Chapter 23 of title 10, United States Code,

is amended by inserting after the table of sections the following

new section:

‘‘§ 480. Reports to Congress: submission in electronic form

‘‘(a) REQUIREMENT.—Whenever the Secretary of Defense or any

other official of the Department of Defense submits to Congress

(or any committee of either House of Congress) a report that the

Secretary (or other official) is required by law to submit, the Secretary (or other official) shall, upon request by any committee

of Congress to which the report is submitted or referred, provide

to Congress (or each such committee) a copy of the report in an

electronic medium. ‘‘(b) EXCEPTION.—Subsection (a) does not apply to a report

submitted in classified form. ‘‘(c) DEFINITION.—In this section, the term ‘report’ includes

any certification, notification, or other communication in writing.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting before the item

relating to section 481 the following new item:

‘‘480. Reports to Congress: submission in electronic form.’’.

SEC. 1043. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.

(a) AUTHORITY TO MAKE LOANS AND GIFTS.—(1) Subsection

(a) of section 7545 of title 10, United States Code, is amended

by striking ‘‘(a) Subject to’’ and all that follows through ‘‘to—’’

and inserting the following: ‘‘(a) AUTHORITY TO MAKE LOANS AND GIFTS.—The Secretary

of the Navy may lend or give, without expense to the United

States, items described in subsection (b) that are not needed by

the Department of the Navy to any of the following:’’. (2) Such subsection is further amended— (A) by capitalizing the first letter after the paragraph designation in each of paragraphs (1) through (12);

(B) by striking the semicolon at the end of paragraphs

(1) through (10) and inserting a period;

(C) by striking ‘‘; or’’ at the end of paragraph (11) and

inserting a period;

(D) in paragraph (5), by striking ‘‘World War I or World

War II’’ and inserting ‘‘a foreign war’’;

(E) in paragraph (6), by striking ‘‘soldiers’ monument’’ and

inserting ‘‘servicemen’s monument’’; and

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1219

(F) in paragraph (8), by inserting ‘‘or memorial’’ after ‘‘museum’’. (b) ADDITIONAL ITEMS AUTHORIZED TO BE DONATED BY SECRETARY OF THE NAVY.—Such section is further amended— (1) by redesignating subsections (b) and (c) as subsections

(d) and (e), respectively;

(2) by inserting after subsection (a) the following new subsections:

‘‘(b) ITEMS ELIGIBLE FOR DISPOSAL.—This section applies to

the following types of property held by the Department of the

Navy: ‘‘(1) Captured, condemned, or obsolete ordnance material.

‘‘(2) Captured, condemned, or obsolete combat or shipboard

material.

‘‘(c) REGULATIONS.—A loan or gift made under this section

shall be subject to regulations prescribed by the Secretary and

to regulations under section 205 of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 486).’’; and

(3) by adding at the end the following new subsection: ‘‘(f) AUTHORITY TO TRANSFER A PORTION OF A VESSEL.—The

Secretary may lend, give, or otherwise transfer any portion of

the hull or superstructure of a vessel stricken from the Naval

Vessel Register and designated for scrapping to a qualified organization specified in subsection (a). The terms and conditions of an

agreement for the transfer of a portion of a vessel under this

section shall include a requirement that the transferee will maintain

the material conveyed in a condition that will not diminish the

historical value of the material or bring discredit upon the Navy.’’.

(c) CLERICAL AMENDMENTS.—Such section is further amended—

(1) in subsection (d) (as redesignated by subsection (b)(1)),

by inserting ‘‘MAINTENANCE OF THE RECORDS OF THE GOVERNMENT.—’’ after the subsection designation; and

(2) in subsection (e) (as redesignated by subsection (b)(1)),

by inserting ‘‘ALTERNATIVE AUTHORITIES TO MAKE GIFTS OR

LOANS.—’’ after the subsection designation.

(d) CONFORMING AMENDMENTS.—Section 2572(a) of such title

is amended—

(1) in paragraph (1), by inserting ‘‘, county, or other political

subdivision of a State’’ before the period at the end;

(2) in paragraph (2), by striking ‘‘soldiers’ monument’’ and

inserting ‘‘servicemen’s monument’’; and

(3) in paragraph (4), by inserting ‘‘or memorial’’ after ‘‘An

incorporated museum’’.

SEC. 1044. ACCELERATION OF RESEARCH, DEVELOPMENT, AND PRODUCTION OF MEDICAL COUNTERMEASURES FOR DEFENSE AGAINST BIOLOGICAL WARFARE AGENTS.

(a) AGGRESSIVE PROGRAM REQUIRED.—(1) The Secretary of

Defense shall carry out a program to aggressively accelerate the

research, development, testing, and licensure of new medical

countermeasures for defense against the biological warfare agents

that are the highest threat.

(2) The program shall include the following activities:

(A) As the program’s first priority, investment in multiple

new technologies for medical countermeasures for defense

against the biological warfare agents that are the highest

threat, including for the prevention and treatment of anthrax.

Anthrax.

10 USC 2370a

note.

115 STAT. 1220 PUBLIC LAW 107–107—DEC. 28, 2001

(B) Leveraging of ideas and technologies from the biological

technology industry.

(b) STUDY REQUIRED.—(1) The Secretary of Defense shall enter

into a contract with the Institute of Medicine and the National

Research Council under which the Institute and Council, in consultation with the Secretary, shall carry out a study of the review

and approval process for new medical countermeasures for biological

warfare agents. The purpose of the study shall be to identify— (A) new approaches to accelerating such process; and

(B) definitive and reasonable methods for assuring the

agencies responsible for regulating such countermeasures that

such countermeasures will be effective in preventing disease

in humans or in providing safe and effective therapy against

such agents.

(2) Not later than June 1, 2002, the Institute and Council

shall jointly submit to Congress a report on the results of the

study.

(c) FACILITY FOR PRODUCTION OF VACCINES.—(1) Subject to

paragraph (2) and to the availability of funds for such purposes

appropriated pursuant to an authorization of appropriations, the

Secretary of Defense may—

(A) design and construct a facility on a Department of

Defense installation for the production of vaccines to meet

the requirements of the Department of Defense to prevent

or mitigate the physiological effects of exposure to biological

warfare agents;

(B) operate that facility;

(C) qualify and validate that facility for the production

of vaccines in accordance with the requirements of the Food

and Drug Administration; and

(D) contract with a private-sector source for the production

of vaccines in that facility.

(2) The authority under paragraph (1)(A) to construct a facility

may be exercised only to the extent that a project for such construction is authorized by law in accordance with section 2802 of title

10, United States Code.

(3) The Secretary shall use competitive procedures under

chapter 137 of title 10, United States Code, to enter into contracts

to carry out subparagraphs (A), (B), and (D) of paragraph (1).

(d) PLAN REQUIRED.—(1) The Secretary shall develop a longrange plan to provide for the production and acquisition of vaccines

to meet the requirements of the Department of Defense to prevent

or mitigate the physiological effects of exposure to biological warfare

agents.

(2) The plan shall include the following:

(A) An evaluation of the need for one or more vaccine

production facilities that are specifically dedicated to meeting

the requirements of the Department of Defense and other

national interests.

(B) An evaluation of the options for the means of production

of such vaccines, including—

(i) use of public facilities, private facilities, or a combination of public and private facilities; and

(ii) management and operation of the facilities by the

Federal Government, one or more private persons, or a

combination of the Federal Government and one or more

private persons.

Deadline.

Contracts.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1221

(C) A specification of the means that the Secretary determines is most appropriate for the production of such vaccines.

(3) The Secretary shall ensure that the plan is consistent with

the requirement for safe and effective vaccines approved by the

Food and Drug Administration.

(4) In preparing the plan, the Secretary shall—

(A) consider and, as the Secretary determines appropriate,

include the information compiled and the analyses developed

in preparing the reports required by sections 217 and 218

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–36, 1654A–37); and

(B) consult with the heads of other appropriate departments

and agencies of the Federal Government.

(e) REPORT.—Not later than February 1, 2002, the Secretary

shall submit to the congressional defense committees a report on

the plan required by subsection (d). The report shall include, at

a minimum, the contents of the plan and the following matters:

(1) A description of the policies and requirements of the

Department of Defense regarding acquisition and use of such

vaccines.

(2) The estimated schedule for the acquisition of such vaccines in accordance with the plan.

(3) A discussion of the options considered under subsection

(d)(2)(B) for the means of production of such vaccines.

(4) The Secretary’s recommendations for the most appropriate course of action to meet the requirements specified in

subsection (d)(1), together with the justification for such recommendations and the long-term cost of implementing such

recommendations.

(f) FUNDING.—Of the amount authorized to be appropriated

under section 201(4) for research, development, test, and evaluation,

Defense-wide, $5,000,000 may be available in Program Element

62384BP, and $5,000,000 may be available in Program Element

63384BP, for the program required by subsection (a).

SEC. 1045. CHEMICAL AND BIOLOGICAL PROTECTIVE EQUIPMENT

FOR MILITARY PERSONNEL AND CIVILIAN EMPLOYEES

OF THE DEPARTMENT OF DEFENSE.

Not later than 120 days after the date of the enactment of

this Act, the Secretary of Defense shall submit to Congress a

report on the requirements of the Department of Defense, including

the reserve components, regarding chemical and biological protective equipment. The report shall set forth the following:

(1) A description of any current shortfalls with respect

to requirements regarding chemical and biological protective

equipment for military personnel, whether for individuals or

units.

(2) An assessment of what should be the appropriate level

of protection for civilian employees of the Department of

Defense against chemical and biological attack.

(3) A plan for providing required chemical and biological

protective equipment for military personnel and civilian

employees of the Department of Defense.

(4) An assessment of the costs associated with carrying

out the plan described in paragraph (3).

Deadline.

Deadline.

115 STAT. 1222 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 1046. SALE OF GOODS AND SERVICES BY NAVAL MAGAZINE,

INDIAN ISLAND, ALASKA.

(a) SALE AUTHORIZED.—Subject to subsections (c) and (d) of

section 2563 of title 10, United States Code, the Secretary of the

Navy may sell to a person outside the Department of Defense

any article or service provided by the Naval Magazine, Indian

Island, Alaska, that is not available from a United States commercial source.

(b) CREDITING OF PROCEEDS.—The proceeds from the sale of

any article or service under this section shall be credited to the

appropriation supporting the maintenance and operation of the

Naval Magazine, Indian Island, for the fiscal year in which the

proceeds are received.

SEC. 1047. REPORT ON PROCEDURES AND GUIDELINES FOR EMBARKATION OF CIVILIAN GUESTS ON NAVAL VESSELS FOR

PUBLIC AFFAIRS PURPOSES.

Not later than February 1, 2002, the Secretary of the Navy

shall submit to the Committee on Armed Services of the Senate

and the Committee on Armed Services of the House of Representatives a report setting forth in detail the procedures and guidelines

of the Navy for the embarkation of civilian guests on naval vessels

for public affairs purposes. The report shall include the following:

(1) Procedures for nominating and approving civilian guests

for embarkation on naval vessels.

(2) Procedures for ensuring that civilian guest embarkations are conducted only as part of regularly scheduled operations.

(3) Guidelines regarding the operation of equipment by

civilian guests on naval vessels.

(4) Any other procedures or guidelines the Secretary considers necessary or appropriate to ensure that operational readiness and safety are not hindered by activities related to the

embarkation of civilian guests on naval vessels.

SEC. 1048. TECHNICAL AND CLERICAL AMENDMENTS.

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States

Code, is amended as follows:

(1) The tables of chapters at the beginning of subtitle

A, and at the beginning of part II of subtitle A, are each

amended by striking the period after ‘‘1111’’ in the item relating

to chapter 56.

(2) Section 119(g)(2) is amended by striking ‘‘National Security Subcommittee’’ and inserting ‘‘Subcommittee on Defense’’.

(3) Section 130c(b)(3)(C) is amended by striking ‘‘subsection

(f)’’ and inserting ‘‘subsection (g)’’.

(4) Section 176(a)(3) is amended by striking ‘‘Chief Medical

Director’’ and inserting ‘‘Under Secretary for Health’’.

(5)(A) Section 503(c) is amended in paragraph (6)(A)(i) by

striking ‘‘14101(18)’’ and ‘‘8801(18)’’ and inserting ‘‘14101’’ and

‘‘8801’’, respectively.

(B) The amendment made by subparagraph (A) shall take

effect on July 1, 2002, immediately after the amendment to

such section effective that date by section 563(a) of the Floyd

D. Spence National Defense Authorization Act for Fiscal Year

2001 (as enacted into law by Public Law 106–398; 114 Stat.

1654A–131).

10 USC 503 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1223

(6) Section 663(e) is amended—

(A) by striking ‘‘Armed Forces Staff College’’ in paragraph (1) and inserting ‘‘Joint Forces Staff College’’; and

(B) by striking ‘‘ARMED FORCES STAFF COLLEGE’’ and

inserting ‘‘JOINT FORCES STAFF COLLEGE’’.

(7) Section 667(17) is amended by striking ‘‘Armed Forces

Staff College’’ both places it appears and inserting ‘‘Joint Forces

Staff College’’.

(8) Section 874(a) is amended by inserting after ‘‘a sentence

of confinement for life without eligibility for parole’’ the following: ‘‘that is adjudged for an offense committed after October

29, 2000’’.

(9) Section 1056(c)(2) is amended by striking ‘‘, not later

than September 30, 1991,’’.

(10) The table of sections at the beginning of chapter 55

is amended by transferring the item relating to section 1074i,

as inserted by section 758(b) of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 (as enacted

by Public Law 106–398; 114 Stat. 1654A–200), so as to appear

after the item relating to section 1074h.

(11) Section 1097a(e) is amended by striking ‘‘section 1072’’

and inserting ‘‘section 1072(2)’’.

(12) Sections 1111(a) and 1114(a)(1) are each amended

by striking ‘‘hereafter’’ and inserting ‘‘hereinafter’’.

(13) Section 1116 is amended—

(A) in subsection (a)(2)(B), by inserting an open parenthesis before ‘‘other than for training’’; and

(B) in subsection (b)(2)(D), by striking ‘‘section

111(c)(4)’’ and inserting ‘‘section 1115(c)(4)’’.

(14) The heading for subchapter II of chapter 75 is transferred within that chapter so as to appear before the table

of sections at the beginning of that subchapter (as if the amendment made by section 721(c)(1) of the National Defense

Authorization Act for Fiscal Year 2000 (Public Law 106–65;

113 Stat. 694) had inserted that heading following section

1471 instead of before section 1475).

(15) Section 1611(d) is amended by striking ‘‘with’’.

(16) Section 2166(e)(9) is amended by striking ‘‘App. 2’’

and inserting ‘‘App.’’.

(17) Section 2323(a)(1)(C) is amended—

(A) by striking ‘‘section 1046(3)’’ and inserting ‘‘section

365(3)’’;

(B) by striking ‘‘20 U.S.C. 1135d–5(3)’’ and inserting

‘‘20 U.S.C. 1067k’’; and

(C) by striking ‘‘, which, for the purposes of this section’’

and all that follows through the period at the end and

inserting a period.

(18) Section 2375(b) is amended by inserting ‘‘(41 U.S.C.

430)’’ after ‘‘section 34 of the Office of Federal Procurement

Policy Act’’.

(19) Section 2376(1) is amended by inserting ‘‘(41 U.S.C.

403)’’ after ‘‘section 4 of the Office of Federal Procurement

Policy Act’’.

(20) Section 2410f(a) is amended by inserting after ‘‘inscription’’ the following: ‘‘, or another inscription with the same

meaning,’’.

115 STAT. 1224 PUBLIC LAW 107–107—DEC. 28, 2001

(21) Section 2461a(a)(2) is amended by striking ‘‘effeciency’’

and inserting ‘‘efficiency’’.

(22) Section 2467 is amended—

(A) in subsection (a)(2)—

(i) by striking ‘‘, United States Code’’ in subparagraph (A); and

(ii) by striking ‘‘such’’ in subparagraphs (B) and

(C); and

(B) in subsection (b)(2)(A), by striking ‘‘United States

Code,’’.

(23) Section 2535 is amended—

(A) in subsection (a)—

(i) by striking ‘‘intent of Congress’’ and inserting

‘‘intent of Congress—’’;

(ii) by realigning clauses (1), (2), (3), and (4) so

that each such clause appears as a separate paragraph

indented two ems from the left margin; and

(iii) in paragraph (1), as so realigned, by striking

‘‘Armed Forces’’ and inserting ‘‘armed forces’’;

(B) in subsection (b)(1)—

(i) by striking ‘‘in this section, the Secretary is

authorized and directed to—’’ and inserting ‘‘in subsection (a), the Secretary of Defense shall—’’; and

(ii) by striking ‘‘defense industrial reserve’’ in

subparagraph (A) and inserting ‘‘Defense Industrial

Reserve’’; and

(C) in subsection (c)—

(i) by striking paragraph (1);

(ii) by redesignating paragraph (2) as paragraph

(1) and in that paragraph—

(I) by striking ‘‘means’’ and inserting

‘‘means—’’;

(II) by realigning clauses (A), (B), and (C) so

that each such clause appears as a separate

subparagraph indented four ems from the left

margin; and

(III) by inserting ‘‘and’’ at the end of subparagraph (B), as so realigned; and

(iii) by redesignating paragraph (3) as paragraph

(2).

(24) Section 2541c is amended by striking ‘‘subtitle’’ both

places it appears in the matter preceding paragraph (1) and

inserting ‘‘subchapter’’.

(25) The second section 2582, added by section 1(a) of

Public Law 106–446 (114 Stat. 1932), is redesignated as section

2583, and the item relating to that section in the table of

sections at the beginning of chapter 153 is revised to conform

to such redesignation.

(26)(A) Section 2693(a) is amended—

(i) in the matter preceding paragraph (1), by inserting

‘‘of Defense’’ after ‘‘Secretary’’; and

(ii) in paragraph (3)—

(I) by inserting ‘‘to the Secretary of Defense’’ after

‘‘certifies’’;

(II) by inserting ‘‘(42 U.S.C. 3762a)’’ after ‘‘of 1968’’;

and

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1225

(III) by striking ‘‘to the public agencies referred

to in section 515(a)(1) or 515(a)(3) of title I of such

Act’’ and inserting ‘‘to a public agency referred to in

paragraph (1) or (3) of subsection (a) of such section’’.

(B)(i) The heading of such section is amended to read

as follows:

‘‘§ 2693. Conveyance of certain property: Department of Justice correctional options program’’.

(ii) The item relating to such section in the table of sections

at the beginning of chapter 159 is amended to read as follows:

‘‘2693. Conveyance of certain property: Department of Justice correctional options

program.’’.

(27) Section 3014(f)(3) is amended by striking ‘‘the number

equal to’’ and all that follows and inserting ‘‘67.’’.

(28) Section 5014(f)(3) is amended by striking ‘‘the number

equal to’’ and all that follows and inserting ‘‘74.’’.

(29) Section 8014(f)(3) is amended by striking ‘‘the number

equal to’’ and all that follows and inserting ‘‘60.’’.

(30) Section 9783(e)(1) is amended by striking ‘‘40101(a)(2)’’

and inserting ‘‘40102(a)(2)’’.

(31) Section 12741(a)(2) is amended by striking ‘‘received’’

and inserting ‘‘receive’’.

(b) AMENDMENTS RELATING TO CHANGE IN TITLE OF UNDER

SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Title 10, United States Code, is further amended as follows:

(1) Section 133a(b) is amended by striking ‘‘shall assist

the Under Secretary of Defense for Acquisition and Technology’’

and inserting ‘‘shall assist the Under Secretary of Defense

for Acquisition, Technology, and Logistics’’.

(2) The following provisions are each amended by striking

‘‘Under Secretary of Defense for Acquisition and Technology’’

and inserting ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’: sections 139(c), 139(g) (as redesignated

by section 263), 171(a)(3), 179(a)(1), 1702, 1703, 1707(a),

1722(a), 1722(b)(2)(B), 1735(c)(1), 1737(c)(1), 1737(c)(2)(B),

1741(b), 1746(a), 1761(b)(4), 1763, 2302c(a)(2), 2304(f)(1)(B)(iii),

2304(f)(6)(B), 2311(c)(1), 2311(c)(2)(B), 2350a(e)(1)(A),

2350a(e)(2)(B), 2350a(f)(1), 2399(b)(3), 2435(b), 2435(d)(2),

2521(a), and 2534(i)(3).

(3)(A) The heading for section 1702 is amended to read

as follows:

‘‘§ 1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities’’.

(B) The item relating to section 1702 in the table of sections

at the beginning of subchapter I of chapter 87 is amended

to read as follows:

‘‘1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities.’’.

(4) Section 2503(b) is amended by striking ‘‘Under Secretary

of Defense for Acquisition’’ and inserting ‘‘Under Secretary of

Defense for Acquisition, Technology, and Logistics’’.

115 STAT. 1226 PUBLIC LAW 107–107—DEC. 28, 2001

(c) AMENDMENTS TO SUBSTITUTE CALENDAR DATES FOR DATE- OF-ENACTMENT REFERENCES.—Title 10, United States Code, is further amended as follows:

(1) Section 130c(d)(1) is amended by striking ‘‘the date

of the enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001’’ and inserting ‘‘October

30, 2000,’’.

(2) Section 184(a) is amended by striking ‘‘the date of

the enactment of this section,’’ and inserting ‘‘October 30,

2000,’’.

(3) Section 986(a) is amended by striking ‘‘the date of

the enactment of this section,’’ and inserting ‘‘October 30,

2000,’’.

(4) Section 1074g(a)(8) is amended by striking ‘‘the date

of the enactment of this section’’ and inserting ‘‘October 5,

1999,’’.

(5) Section 1079(h)(2) is amended by striking ‘‘the date

of the enactment of this paragraph’’ and inserting ‘‘February

10, 1996,’’.

(6) Section 1206(5) is amended by striking ‘‘the date of

the enactment of the National Defense Authorization Act for

Fiscal Year 2000,’’ and inserting ‘‘October 5, 1999,’’.

(7) Section 1405(c)(1) is amended by striking ‘‘the date

of the enactment of the National Defense Authorization Act

for Fiscal Year 1995,’’ and inserting ‘‘October 5, 1994,’’.

(8) Section 1407(f)(2) is amended by striking ‘‘the date

of the enactment of this subsection—’’ and inserting ‘‘October

30, 2000—’’.

(9) Section 1408(d)(6) is amended by striking ‘‘the date

of the enactment of this paragraph’’ and inserting ‘‘August

22, 1996,’’.

(10) Section 1511(b) is amended by striking ‘‘the date of

the enactment of this chapter.’’ and inserting ‘‘February 10,

1996.’’.

(11) Section 2461a(b)(1) is amended by striking ‘‘the date

of the enactment of this section,’’ and inserting ‘‘October 30,

2000,’’.

(12) Section 4021(c)(1) is amended by striking ‘‘the date

of the enactment of this section.’’ and inserting ‘‘November

29, 1989.’’.

(13) Section 6328(a) is amended by striking ‘‘the date of

the enactment of this section’’ and inserting ‘‘February 10,

1996,’’.

(14) Section 7439 is amended—

(A) in subsection (a)(2), by striking ‘‘one year after

the date of the enactment of this section,’’ and inserting

‘‘November 18, 1998,’’;

(B) in subsection (b)(1), by striking ‘‘the date of the

enactment of this section,’’ and inserting ‘‘November 18,

1997,’’;

(C) in subsection (b)(2), by striking ‘‘the end of the

one-year period beginning on the date of the enactment

of this section.’’ and inserting ‘‘November 18, 1998.’’; and

(D) in subsection (f)(2), by striking ‘‘the date of the

enactment of this section’’ and inserting ‘‘November 18,

1997,’’.

(15) Section 12533 is amended—

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1227

(A) in each of subsections (b) and (c)(1), by striking ‘‘the date of the enactment of this section.’’ and inserting ‘‘November 18, 1997.’’; and

(B) in each of subsections (c)(2) and (d), by striking

‘‘the date of the enactment of this section’’ and inserting

‘‘November 18, 1997,’’.

(16) Section 12733(3) is amended—

(A) in subparagraph (B), by striking ‘‘the date of the

enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001;’’ and inserting

‘‘October 30, 2000;’’; and

(B) in subparagraph (C), by striking ‘‘the date of the

enactment of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001’’ and inserting

‘‘October 30, 2000,’’.

(d) AMENDMENTS RELATING TO CHANGE IN TITLE OF MCKINNEY- VENTO HOMELESS ASSISTANCE ACT.—The following provisions are

each amended by striking ‘‘Stewart B. McKinney Homeless Assistance Act’’ and inserting ‘‘McKinney-Vento Homeless Assistance Act’’:

(1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of title

10, United States Code.

(2) Sections 2905(b)(6)(A) and 2910(11) of the Defense Base

Closure and Realignment Act of 1990 (part A of title XXIX

of Public Law 101–510; 10 U.S.C. 2687 note).

(3) Section 204(b)(6)(A) of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public

Law 100–526; 10 U.S.C. 2687 note).

(4) Section 2915(c)(10) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2687 note).

(5) Section 2(e)(4)(A) of the Base Closure Community

Redevelopment and Homeless Assistance Act of 1994 (Public

Law 103–421; 10 U.S.C. 2687 note).

(6) Section 1053(a) of the National Defense Authorization

Act for Fiscal Year 1997 (110 Stat. 2650).

(e) AMENDMENTS TO REPEAL OBSOLETE PROVISIONS.—Title 10,

United States Code, is further amended as follows:

(1) Section 1144 is amended—

(A) in subsection (a)(3), by striking the second sentence;

and

(B) by striking subsection (e).

(2) Section 1581(b) is amended—

(A) by striking ‘‘(1)’’ and all that follows through ‘‘The

Secretary of Defense shall deposit’’ and inserting ‘‘The Secretary of Defense shall deposit’’; and

(B) by striking ‘‘on or after December 5, 1991,’’.

(3) Subsection (e) of section 1722 is repealed.

(4) Subsection 1732(a) is amended by striking the second

sentence.

(5) Section 1734 is amended—

(A) in subsection (b)(1)(B), by striking ‘‘on and after

October 1, 1991,’’; and

(B) in subsection (e)(2), by striking the last sentence.

(6)(A) Section 1736 is repealed.

(B) The table of sections at the beginning of subchapter

III of chapter 87 is amended by striking the item relating

to section 1736.

(7)(A) Sections 1762 and 1764 are repealed.

115 STAT. 1228 PUBLIC LAW 107–107—DEC. 28, 2001

(B) The table of sections at the beginning of subchapter

V of chapter 87 is amended by striking the items relating

to sections 1762 and 1764.

(8) Section 2112(a) is amended by striking ‘‘, with the

first class graduating not later than September 21, 1982’’.

(9) Section 2218(d)(1) is amended by striking ‘‘for fiscal

years after fiscal year 1993’’.

(10)(A) Section 2468 is repealed.

(B) The table of sections at the beginning of chapter 146

is amended by striking the item relating to section 2468.

(11) Section 2832 is amended—

(A) by striking ‘‘(a)’’ before ‘‘The Secretary of Defense’’;

and

(B) by striking subsection (b).

(12) Section 7430(b)(2) is amended—

(A) by striking ‘‘at a price less than’’ and all that

follows through ‘‘the current sales price’’ and inserting ‘‘at

a price less than the current sales price’’;

(B) by striking ‘‘; or’’ and inserting a period; and

(C) by striking subparagraph (B).

(f) PUBLIC LAW 106–398.—Effective as of October 30, 2000,

and as if included therein as enacted, the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 (as enacted into

law by Public Law 106–398) is amended as follows:

(1) Section 525(b)(1) (114 Stat. 1654A–109) is amended

by striking ‘‘subsection (c)’’ and inserting ‘‘subsections (a) and

(b)’’.

(2) Section 1152(c)(2) (114 Stat. 1654A–323) is amended

by inserting ‘‘inserting’’ after ‘‘and’’.

(g) PUBLIC LAW 106–65.—Effective as of October 5, 1999, and

as if included therein as enacted, the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65) is amended

as follows:

(1) Section 531(b)(2)(A) (113 Stat. 602) is amended by

inserting ‘‘in subsection (a),’’ after ‘‘(A)’’.

(2) Section 549(a)(2) (113 Stat. 611) is amended by striking

‘‘such chapter’’ and inserting ‘‘chapter 49 of title 10, United

States Code,’’.

(3) Section 576(a)(3) (10 U.S.C. 1501 note; 113 Stat. 625)

is amended by adding a period at the end.

(4) Section 577(a)(2) (113 Stat. 625) is amended by striking

‘‘bad conduct’’ in the first quoted matter and inserting ‘‘badconduct’’.

(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302 note; 113 Stat.

709) is amended by striking ‘‘Mentor-Protegee’’ and inserting

‘‘Mentor-Protege’’.

(6) Section 1052(b)(1) (113 Stat. 764) is amended by striking

‘‘ ‘The Department’’ and inserting ‘‘the ‘Department’’.

(7) Section 1053(a)(5) (10 U.S.C. 113 note; 113 Stat. 764)

is amended by inserting ‘‘and’’ before ‘‘Marines’’.

(8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note; 113 Stat.

799) is amended by striking ‘‘3201 note’’ and inserting ‘‘6305(4)’’.

(9) Section 2902(d) (10 U.S.C. 111 note; 113 Stat. 882)

is amended by striking ‘‘section 2871(b)’’ and inserting ‘‘section

2881(b)’’.

10 USC 113 note.

10 USC 819.

10 USC 6954.

10 USC 819 note.

5 USC 8464.

10 USC 10218

note.

5 USC 8464 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1229

(h) PUBLIC LAW 102–484.—The National Defense Authorization

Act for Fiscal Year 1993 (Public Law 102–484) is amended as

follows:

(1) Section 3161(c)(6)(C) (42 U.S.C. 7274h(c)(6)(C)) is

amended by striking ‘‘title IX of the Public Works and Economic

Development Act of 1965 (42 U.S.C. 3241 et seq.)’’ and inserting

‘‘title II of the Public Works and Economic Development Act

of 1965 (42 U.S.C. 3141 et seq.)’’.

(2) Section 4416(b)(1) (10 U.S.C. 12681 note) is amended

by striking ‘‘force reduction period’’ and inserting ‘‘force reduction transition period’’.

(3) Section 4461(5) (10 U.S.C. 1143 note) is amended by

adding a period at the end.

(i) OTHER LAWS.—

(1) Section 1083(c) of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113

note) is amended by striking ‘‘NAMES’’ and inserting ‘‘NAME’’.

(2) Section 845(d)(1)(B)(ii) of the National Defense

Authorization Act for Fiscal Year 1994 (Public Law 103–160;

10 U.S.C. 2371 note) is amended by inserting a closing parenthesis after ‘‘41 U.S.C. 414(3))’’.

(3) Section 1123(b) of the National Defense Authorization

Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103

Stat. 1556) is amended by striking ‘‘Armed Forces Staff College’’

each place it appears and inserting ‘‘Joint Forces Staff College’’.

(4) Section 1412(g)(2)(C)(vii) of the Department of Defense

Authorization Act, 1986 (50 U.S.C. 1521(g)(2)(C)(vii)) is

amended by striking ‘‘(c)(3)’’ and inserting ‘‘(c)(4)’’.

(5) Section 8336 of title 5, United States Code, is

amended—

(A) in subsection (d)(2), by striking ‘‘subsection (o)’’

and inserting ‘‘subsection (p)’’; and

(B) by redesignating the second subsection (o), added

by section 1152(a)(2) of the Floyd D. Spence National

Defense Authorization Act for Fiscal Year 2001 (as enacted

by Public Law 106–398; 114 Stat. 1654A–320), as subsection (p).

(6) Section 9001(3) of title 5, United States Code, is

amended by striking ‘‘and’’ at the end of subparagraph (A)

and inserting ‘‘or’’.

(7) Section 318(h)(3) of title 37, United States Code, is

amended by striking ‘‘subsection (a)’’ and inserting ‘‘subsection

(b)’’.

(8) Section 3695(a)(5) of title 38, United States Code, is

amended by striking ‘‘1610’’ and inserting ‘‘1611’’.

(9) Section 13(b) of the Peace Corps Act (22 U.S.C. 2512(b))

is amended by striking ‘‘, subject to section 5532 of title 5,

United States Code’’.

(10) Section 127(g)(6) of the Trade Deficit Review Commission Act (19 U.S.C. 2213 note), as amended by section 311(b)

of the Legislative Branch Appropriations Act, 2000 (Public Law

106–57; 113 Stat. 428), is amended—

(A) by striking ‘‘AUTHORITIES.—’’ and all that follows

through ‘‘An individual’’ and inserting ‘‘AUTHORITIES.—An

individual’’; and

(B) by striking subparagraph (B).

115 STAT. 1230 PUBLIC LAW 107–107—DEC. 28, 2001

(11) Section 28 of the Atomic Energy Act of 1954 (42

U.S.C. 2038) is amended in the last sentence by striking

‘‘, subject to’’ and all that follows through the period at the

end and inserting a period.

(12) Section 3212 of the National Nuclear Security Administration Act (50 U.S.C. 2402) is amended by redesignating the

second subsection (e), added by section 3159(a) of the Floyd

D. Spence National Defense Authorization Act for Fiscal Year

2001 (as enacted by Public Law 106–398; 114 Stat. 1654A–

469), as subsection (f).

(j) COORDINATION WITH OTHER AMENDMENTS.—For purposes

of applying amendments made by provisions of this Act other than

provisions of this section, this section shall be treated as having

been enacted immediately before the other provisions of this Act.

SEC. 1049. TERMINATION OF REFERENDUM REQUIREMENT

REGARDING CONTINUATION OF MILITARY TRAINING ON

ISLAND OF VIEQUES, PUERTO RICO, AND IMPOSITION OF

ADDITIONAL CONDITIONS ON CLOSURE OF TRAINING

RANGE.

(a) IN GENERAL.—Title XV 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–348) is amended

by striking sections 1503, 1504, and 1505 and inserting the following

new sections:

‘‘SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL TRAINING

RANGE.

‘‘(a) CONDITIONAL AUTHORITY TO CLOSE.—The Secretary of the

Navy may close the Vieques Naval Training Range on the island

of Vieques, Puerto Rico, and discontinue training at that range

only if the Secretary certifies to the President and Congress that

both of the following conditions are satisfied:

‘‘(1) One or more alternative training facilities exist that,

individually or collectively, provide an equivalent or superior

level of training for units of the Navy and the Marine Corps

stationed or deployed in the eastern United States.

‘‘(2) The alternative facility or facilities are available and

fully capable of supporting such Navy and Marine Corps

training immediately upon cessation of training on Vieques.

‘‘(b) CONSULTATION REQUIRED.—In determining whether the

conditions specified in paragraphs (1) and (2) of subsection (a)

are satisfied, the Secretary of the Navy shall take into account

the written views and recommendations of the Chief of Naval

Operations and the Commandant of the Marine Corps. The Secretary shall submit these written views and recommendations to

Congress with the certification submitted under subsection (a).

‘‘SEC. 1504. CLOSURE OF VIEQUES NAVAL TRAINING RANGE AND DISPOSAL OF CLOSED RANGE.

‘‘(a) TERMINATION OF TRAINING AND RELATED CLOSURES.—If

the conditions specified in section 1503(a) are satisfied and the

Secretary of the Navy makes a determination to close the Vieques

Naval Training Range and discontinue live-fire training at that

range the Secretary of the Navy shall—

‘‘(1) terminate all Navy and Marine Corps training operations on the island of Vieques;

10 USC 101 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1231

‘‘(2) terminate all Navy and Marine Corps operations at

Naval Station Roosevelt Roads, Puerto Rico, that are related

exclusively to the use of the training range on the island

of Vieques by the Navy and the Marine Corps; and

‘‘(3) close the Navy installations and facilities on the island

of Vieques, other than properties exempt from conveyance and

transfer under section 1506.

‘‘(b) TRANSFER TO SECRETARY OF THE INTERIOR.—Upon termination of Navy and Marine Corps training operations on the island

of Vieques, the Secretary of the Navy shall transfer, without

reimbursement, to the administrative jurisdiction of the Secretary

of the Interior— ‘‘(1) the Live Impact Area on the island of Vieques;

‘‘(2) all Department of Defense real properties on the

eastern side of the island that are identified as conservation

zones; and ‘‘(3) all other Department of Defense real properties on

the eastern side of the island.

‘‘(c) ADMINISTRATION BY SECRETARY OF THE INTERIOR.—

‘‘(1) RETENTION AND ADMINISTRATION.—The Secretary of

the Interior shall retain, and may not dispose of any of, the

properties transferred under paragraphs (2) and (3) of subsection (b) and shall administer such properties as wildlife

refuges under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) pending the enactment of a law that addresses the disposition of such properties.

‘‘(2) LIVE IMPACT AREA.—The Secretary of the Interior shall

assume responsibility for the administration of the Live Impact

Area upon transfer under paragraph (1) of subsection (b),

administer that area as a wilderness area under the Wilderness

Act (16 U.S.C. 1131 et seq.), and deny public access to the

area.

‘‘(d) LIVE IMPACT AREA DEFINED.—In this section, the term

‘Live Impact Area’ means the parcel of real property, consisting

of approximately 900 acres (more or less), on the island of Vieques

that is designated by the Secretary of the Navy for targeting by

live ordnance in the training of forces of the Navy and Marine

Corps.’’.

(b) CONFORMING AMENDMENT.—Section 1507(c) of such Act (114

Stat. 1654A–355) is amended by striking ‘‘the issuance of a

proclamation described in section 1504(a) or’’.

Subtitle F—Other Matters

SEC. 1061. ASSISTANCE FOR FIREFIGHTERS.

(a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (e) of section 33 of the Federal Fire Prevention and Control Act of 1974

(15 U.S.C. 2229) is amended to read as follows:

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—

‘‘(1) IN GENERAL.—There are authorized to be appropriated $900,000,000 for each of the fiscal years 2002 through 2004

for the purposes of this section.

‘‘(2) ADMINISTRATIVE EXPENSES.—Of the funds appropriated

pursuant to paragraph (1) for a fiscal year, the Director may

use not more than three percent of the funds to cover salaries

and expenses and other administrative costs incurred by the

115 STAT. 1232 PUBLIC LAW 107–107—DEC. 28, 2001

Director to operate the office established under subsection (b)(2)

and make grants and provide assistance under this section.’’. (b) RESPONSE TO TERRORISM OR USE OF WEAPONS OF MASS

DESTRUCTION.—Subsection (b)(3) of such section is amended— (1) in subparagraph (B), by inserting ‘‘(including response

to a terrorism incident or use of a weapon of mass destruction)’’ after ‘‘response’’;

(2) in subparagraph (H), by striking ‘‘and monitoring’’ and

inserting ‘‘, monitoring, and response to a terrorism incident

or use of a weapon of mass destruction’’; and

(3) in subparagraph (I), by inserting ‘‘, including protective

equipment to respond to a terrorism incident or the use of

a weapon of mass destruction’’ after ‘‘personnel’’ the second

place it appears.

(c) TECHNICAL AMENDMENTS.—Subsection (b)(3) of such section

is further amended— (1) by striking ‘‘the grant funds—’’ in the matter preceding

subparagraph (A) and inserting ‘‘the grant funds for one or

more of the following purposes:’’;

(2) by capitalizing the initial letter of the first word of

each of subparagraphs (A) through (N);

(3) by striking the semicolon at the end of each of subparagraphs (A) through (L) and inserting a period; and

(4) by striking ‘‘; or’’ at the end of subparagraph (M) and

inserting a period.

SEC. 1062. EXTENSION OF TIMES FOR COMMISSION ON THE FUTURE

OF THE UNITED STATES AEROSPACE INDUSTRY TO

REPORT AND TO TERMINATE.

(a) DEADLINE FOR REPORT.—Subsection (d)(1) of section 1092

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–302) is amended by striking ‘‘March 1, 2002’’ and inserting ‘‘one year after the date of the first official meeting

of the Commission’’. (b) TERMINATION OF COMMISSION.—Subsection (g) of such section is amended by striking ‘‘30 days’’ and inserting ‘‘60 days’’.

SEC. 1063. APPROPRIATIONS TO RADIATION EXPOSURE COMPENSATION TRUST FUND.

Section 3(e) of the Radiation Exposure Compensation Act (42

U.S.C. 2210 note) is amended to read as follows: ‘‘(e) APPROPRIATION.— ‘‘(1) IN GENERAL.—There are appropriated to the Fund,

out of any money in the Treasury not otherwise appropriated,

for fiscal year 2002 and each fiscal year thereafter through

fiscal year 2011, such sums as may be necessary, not to exceed

the applicable maximum amount specified in paragraph (2),

to carry out the purposes of the Fund.

‘‘(2) LIMITATION.—Appropriation of amounts to the Fund

pursuant to paragraph (1) is subject to the following maximum

amounts:

‘‘(A) For fiscal year 2002, $172,000,000.

‘‘(B) For fiscal year 2003, $143,000,000.

‘‘(C) For fiscal year 2004, $107,000,000.

‘‘(D) For fiscal year 2005, $65,000,000.

‘‘(E) For fiscal year 2006, $47,000,000.

‘‘(F) For fiscal year 2007, $29,000,000.

42 USC 2451

note.

42 USC 2451

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1233

‘‘(G) For fiscal year 2008, $29,000,000.

‘‘(H) For fiscal year 2009, $23,000,000.

‘‘(I) For fiscal year 2010, $23,000,000.

‘‘(J) For fiscal year 2011, $17,000,000.’’.

SEC. 1064. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF

NATIONAL EMERGENCY.

Section 127 of title 23, United States Code, is amended by

adding at the end the following new subsection: ‘‘(h) WAIVER FOR A ROUTE IN STATE OF MAINE DURING PERIODS

OF NATIONAL EMERGENCY.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of

this section, the Secretary, in consultation with the Secretary

of Defense, may waive or limit the application of any vehicle

weight limit established under this section with respect to

the portion of Interstate Route 95 in the State of Maine between

Augusta and Bangor for the purpose of making bulk shipments

of jet fuel to the Air National Guard Base at Bangor International Airport during a period of national emergency in order

to respond to the effects of the national emergency. ‘‘(2) APPLICABILITY.—Emergency limits established under

paragraph (1) shall preempt any inconsistent State vehicle

weight limits.’’.

SEC. 1065. REPAIR, RESTORATION, AND PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL, MARNES-LA-COQUETTE,

FRANCE.

(a) AUTHORITY TO MAKE GRANT.—(1) Subject to subsections

(b) and (c), the Secretary of the Air Force may make a grant

to the Lafayette Escadrille Memorial Foundation, Inc., to be used

solely for the purpose of repairing, restoring, and preserving the

structure, plaza, and surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-Coquette, France. (2) The amount of the grant may not exceed $2,000,000.

(b) CONTRIBUTION OF FUNDS BY FRANCE.—The Secretary of

the Air Force may not make the grant authorized by subsection

(a) until 30 days after the Secretary submits to Congress a report

indicating that the government of France has also contributed funds

toward the repair, restoration, and preservation of the memorial.

The report shall specify the amount of the funds contributed by

the government of France and describe the purpose for which the

funds are to be used.

(c) CONDITIONS ON RECEIPT OF GRANT.—(1) The grant under

subsection (a) shall be subject to the following conditions:

(A) That the Lafayette Escadrille Memorial Foundation

submit to the Secretary of the Air Force an annual report,

until the grant funds are fully expended, containing an itemized

accounting of expenditures of grant funds and describing the

progress made to repair, restore, and preserve the memorial.

(B) That the Secretary and the Comptroller General of

the United States, or any of their duly authorized representatives, be given access for the purpose of audit and examination

to any books, documents, papers, and records of the Lafayette

Escadrille Memorial Foundation.

(C) That none of the grant funds be used for remuneration

of any entity or individual associated with fundraising for any

project in connection with the repair, restoration, and preservation of the memorial.

115 STAT. 1234 PUBLIC LAW 107–107—DEC. 28, 2001

(2) The Secretary shall transmit to Congress a copy of each

report received under paragraph (1)(A).

(d) REPORT ON ARCHITECTURAL AND ENGINEERING COSTS.—

Not later than one year after the date of the enactment of this

Act, the Secretary of the Air Force shall submit to Congress a

report containing an estimate of the architectural and engineering

costs to be incurred to fully repair, restore, and preserve the memorial and ensure the long-term structural integrity of the memorial.

The estimate shall be prepared by a private United States entity,

under contract with the Secretary. Funds for the contract shall

also be derived from the amount specified in subsection (e).

(e) FUNDS FOR GRANT.—Funds for the grant under subsection

(a) shall be derived only from amounts authorized to be appropriated

under section 301(a)(4) for operation and maintenance for the Air

Force.

TITLE XI—CIVILIAN PERSONNEL

MATTERS

Subtitle A—Department of Defense Civilian Personnel

Sec. 1101. Personnel pay and qualifications authority for Department of Defense

Pentagon Reservation civilian law enforcement and security force.

Sec. 1102. Pilot program for payment of retraining expenses.

Sec. 1103. Authority of civilian employees to act as notaries.

Sec. 1104. Authority to appoint certain health care professionals in the excepted

service.

Subtitle B—Civilian Personnel Management Generally

Sec. 1111. Authority to provide hostile fire pay.

Sec. 1112. Payment of expenses to obtain professional credentials.

Sec. 1113. Parity in establishment of wage schedules and rates for prevailing rate

employees.

Sec. 1114. Modification of limitation on premium pay.

Sec. 1115. Participation of personnel in technical standards development activities.

Sec. 1116. Retention of travel promotional items.

Sec. 1117. Applicability of certain laws to certain individuals assigned to work in

the Federal Government.

Subtitle C—Intelligence Civilian Personnel

Sec. 1121. Authority to increase maximum number of positions in the Defense Intelligence Senior Executive Service.

Subtitle D—Matters Relating To Retirement

Sec. 1131. Improved portability of retirement coverage for employees moving between civil service employment and employment by nonappropriated

fund instrumentalities.

Sec. 1132. Federal employment retirement credit for nonappropriated fund instrumentality service.

Sec. 1133. Modification of limitations on exercise of voluntary separation incentive

pay authority and voluntary early retirement authority.

Subtitle A—Department of Defense

Civilian Personnel

SEC. 1101. PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR

DEPARTMENT OF DEFENSE PENTAGON RESERVATION

CIVILIAN LAW ENFORCEMENT AND SECURITY FORCE.

Section 2674(b) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ before the text in the first paragraph

of that subsection;

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1235

(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and

(3) by adding at the end the following new paragraph:

‘‘(2) For positions for which the permanent duty station is

the Pentagon Reservation, the Secretary, in his sole and exclusive

discretion, may without regard to the pay provisions of title 5,

fix the rates of basic pay for such positions occupied by civilian

law enforcement and security personnel appointed under the

authority of this section so as to place such personnel on a comparable basis with personnel of other similar Federal law enforcement and security organizations within the vicinity of the Pentagon

Reservation, not to exceed the basic pay for personnel performing

similar duties in the United States Secret Service Uniformed Division or the United States Park Police.’’.

SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING

EXPENSES.

(a) AUTHORITY TO CARRY OUT PILOT PROGRAM.—(1) The Secretary of Defense may establish a pilot program to facilitate the

reemployment of eligible employees of the Department of Defense

who are involuntarily separated due to a reduction in force, relocation as a result of a transfer of function, realignment, or change

of duty station. Under the pilot program, the Secretary may pay

retraining incentives to encourage non-Federal employers to hire

and retain such eligible employees.

(2) Under the pilot program, the Secretary may enter into

an agreement with a non-Federal employer under which the

employer agrees—

(A) to employ an eligible employee for at least 12 months

at a salary that is mutually agreeable to the employer and

the eligible employee; and

(B) to certify to the Secretary the amount of costs incurred

by the employer for any necessary training (as defined by

the Secretary) provided to such eligible employee in connection

with the employment.

(3) The Secretary may pay a retraining incentive to the nonFederal employer upon the employee’s completion of 12 months

of continuous employment with that employer. The Secretary shall

determine the amount of the incentive, except that in no event

may such amount exceed the lesser of the amount certified with

respect to such eligible employee under paragraph (2)(B), or $10,000.

(4) In a case in which an eligible employee does not remain

employed by the non-Federal employer for at least 12 months,

the Secretary may pay to the employer a prorated amount of what

would have been the full retraining incentive if the eligible employee

had remained employed for such 12-month period.

(b) ELIGIBLE EMPLOYEES.—For purposes of this section, an

eligible employee is an employee of the Department of Defense,

serving under an appointment without time limitation, who has

been employed by the Department for a continuous period of at

least 12 months and who has been given notice of separation

pursuant to a reduction in force, relocation as a result of a transfer

of function, realignment, or change of duty station, except that

such term does not include—

(1) a reemployed annuitant under the retirement systems

described in subchapter III of chapter 83 of title 5, United

10 USC 1597

note.

115 STAT. 1236 PUBLIC LAW 107–107—DEC. 28, 2001

States Code, or chapter 84 of such title, or another retirement

system for employees of the Federal Government;

(2) an employee who, upon separation from Federal service,

is eligible for an immediate annuity under subchapter III of

chapter 83 of such title, or subchapter II of chapter 84 of

such title; or

(3) an employee who is eligible for disability retirement

under any of the retirement systems referred to in paragraph

(1).

(c) DURATION.—No incentive may be paid under the pilot program for training commenced after September 30, 2005.

(d) DEFINITIONS.—In this section:

(1) The term ‘‘non-Federal employer’’ means an employer

that is not an Executive agency, as defined in section 105

of title 5, United States Code, or an entity in the legislative

or judicial branch of the Federal Government.

(2) The term ‘‘reduction in force’’ has the meaning of that

term as used in chapter 35 of such title 5.

(3) The term ‘‘realignment’’ has the meaning given that

term in section 2910 of the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510; 10 U.S.C.

2687 note).

SEC. 1103. AUTHORITY OF CIVILIAN EMPLOYEES TO ACT AS NOTARIES.

(a) CLARIFICATION OF STATUS OF CIVILIAN ATTORNEYS ELIGIBLE

TO ACT AS NOTARIES.—Subsection (b) of section 1044a of title 10,

United States Code, is amended by striking ‘‘legal assistance officers’’ in paragraph (2) and inserting ‘‘legal assistance attorneys’’.

(b) OTHER CIVILIAN EMPLOYEES DESIGNATED TO ACT AS NOTARIES ABROAD.—Such subsection is further amended by adding at

the end the following new paragraph:

‘‘(5) For the performance of notarial acts at locations outside

the United States, all employees of a military department or

the Coast Guard who are designated by regulations of the

Secretary concerned or by statute to have those powers for

exercise outside the United States.’’.

SEC. 1104. AUTHORITY TO APPOINT CERTAIN HEALTH CARE PROFESSIONALS IN THE EXCEPTED SERVICE.

(a) AUTHORITY.—Chapter 81 of title 10, United States Code,

is amended by adding at the end the following new section:

‘‘§ 1599c. Appointment in excepted service of certain health

care professionals

‘‘(a) AUTHORITY.—The Secretary of Defense may appoint in

the excepted service without regard to the provisions of subchapter

I of chapter 33 of title 5 (except as provided in section 3328 of

such title and in subsection (c) of this section) an individual who

has—

‘‘(1) a recognized degree or certificate from an accredited

institution in a covered health care profession or occupation;

and

‘‘(2) successfully completed a clinical education program

affiliated with the Department of Defense or the Department

of Veterans Affairs.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1237

‘‘(b) COVERED HEALTH CARE PROFESSION OR OCCUPATION.— For purposes of subsection (a), a covered health care profession

or occupation is any of the following: ‘‘(1) Physician.

‘‘(2) Dentist.

‘‘(3) Podiatrist.

‘‘(4) Optometrist.

‘‘(5) Nurse.

‘‘(6) Physician assistant.

‘‘(7) Expanded-function dental auxiliary.

‘‘(c) PREFERENCES IN HIRING.—In using the authority provided

by this section, the Secretary shall apply the principles of preference

for the hiring of veterans and other individuals established in

subchapter I of chapter 33 of title 5. ‘‘(d) PROBATIONARY PERIOD.—There shall be an initial probationary period of two years for appointments made under the

authority of this section. ‘‘(e) PROMOTIONS AND ADVANCEMENT.—(1) Promotions of

individuals appointed under the authority of this section shall be

made only after an examination performed in accordance with regulations prescribed by the Secretary.

‘‘(2) Advancement of such individuals within a pay grade may

be made in increments of the minimum rate of basic pay of the

grade in accordance with regulations prescribed by the Secretary.

‘‘(f) REVIEW OF RECORDS BY BOARD.—The record of each individual appointed under the authority of this section in the medical,

dental, and nursing services shall be reviewed periodically by a

board, which shall be appointed in accordance with regulations

prescribed by the Secretary. If such board finds that such individual

is not fully qualified and satisfactory, such individual shall be

separated from service.

‘‘(g) ADJUSTMENT OF PAY.—In accordance with regulations prescribed by the Secretary, the grade and annual rate of basic pay

of an individual appointed under this section whose level of assignment is changed from a level of assignment in which the grade

level is based on both the nature of the assignment and qualifications may be adjusted to the grade and annual rate of basic pay

otherwise appropriate.

‘‘(h) APPOINTMENT TO ADDITIONAL POSITIONS.—(1) The Secretary may use the authority of this subsection (subject to paragraph (2)) to establish the qualifications for, and appoint and

advance an individual in the Department of Defense as—

‘‘(A) a clinical or counseling psychologist (if such psychologist holds a diploma as a diplomate in psychology from an

accrediting authority approved by the Secretary);

‘‘(B) a certified or registered respiratory therapist;

‘‘(C) a licensed physical therapist;

‘‘(D) a licensed practical or vocational nurse;

‘‘(E) a pharmacist; or

‘‘(F) an occupational therapist.

‘‘(2) Notwithstanding any other provision of this title or any

other law, all matters relating to adverse actions, disciplinary

actions, and grievance procedures involving an individual appointed

to a position described in paragraph (1) (including such actions

and procedures involving an employee in a probationary status)

shall be resolved under the provisions of title 5 as though such

individual had been appointed under such title.

115 STAT. 1238 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(i) REINSTATEMENT.—In determining eligibility for reinstatement in the civil service of individuals appointed to positions in

the Department of Defense under this section who at the time

of appointment have a civil service status and whose employment

in the Department of Defense is terminated, the period of service

performed in the Department shall be included in computing the

period of service under applicable civil service regulations.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘1599c. Appointment in excepted service of certain health care professionals.’’.

Subtitle B—Civilian Personnel

Management Generally

SEC. 1111. AUTHORITY TO PROVIDE HOSTILE FIRE PAY.

(a) IN GENERAL.—Subchapter IV of chapter 59 of title 5, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 5949. Hostile fire pay

‘‘(a) The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the

employee was— ‘‘(1) subject to hostile fire or explosion of hostile mines;

‘‘(2) on duty in an area in which the employee was in

imminent danger of being exposed to hostile fire or explosion

of hostile mines and in which, during the period on duty in

that area, other employees were subject to hostile fire or explosion of hostile mines; or ‘‘(3) killed, injured, or wounded by hostile fire, explosion

of a hostile mine, or any other hostile action.

‘‘(b) An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be

paid hostile fire pay under this section for not more than three

additional months during which the employee is so hospitalized.

‘‘(c) An employee may be paid hostile fire pay under this section

in addition to other pay and allowances to which entitled, except

that an employee may not be paid hostile fire pay under this

section for periods of time during which the employee receives

payment under section 5925 of this title because of exposure to

political violence or payment under section 5928 of this title.’’.

(b) TECHNICAL AMENDMENT.—The table of sections at the beginning of chapter 59 of such title is amended by inserting at the

end the following new item:

‘‘5949. Hostile fire pay.’’.

(c) EFFECTIVE DATE.—This provision is effective as if enacted

into law on September 11, 2001, and may be applied with respect

to any hostile action that took place on or after that date.

SEC. 1112. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL

CREDENTIALS.

(a) IN GENERAL.—Chapter 57 of title 5, United States Code,

is amended by adding at the end the following new section:

10 USC 5949

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1239

‘‘§ 5757. Payment of expenses to obtain professional credentials

‘‘(a) An agency may use appropriated funds or funds otherwise

available to the agency to pay for—

‘‘(1) expenses for employees to obtain professional credentials, including expenses for professional accreditation, Stateimposed and professional licenses, and professional certification; and

‘‘(2) examinations to obtain such credentials.

‘‘(b) The authority under subsection (a) may not be exercised

on behalf of any employee occupying or seeking to qualify for

appointment to any position that is excepted from the competitive

service because of the confidential, policy-determining, policymaking, or policy-advocating character of the position.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following

new item:

‘‘5757. Payment of expenses to obtain professional credentials.’’.

SEC. 1113. PARITY IN ESTABLISHMENT OF WAGE SCHEDULES AND

RATES FOR PREVAILING RATE EMPLOYEES.

(a) IN GENERAL.—Paragraph (2) of section 5343(d) of title 5,

United States Code, is amended to read as follows:

‘‘(2) When the lead agency determines that there is a number

of comparable positions in private industry insufficient to establish

the wage schedules and rates, such agency shall establish the

wage schedules and rates on the basis of—

‘‘(A) local private industry rates; and

‘‘(B) rates paid for comparable positions in private industry

in the nearest wage area that such agency determines is most

similar in the nature of its population, employment, manpower,

and industry to the local wage area for which the wage survey

is being made.’’.

(b) EFFECTIVE DATE.—Wage adjustments made pursuant to

the amendment made by this section shall take effect in each

applicable wage area on the first normal effective date of the

applicable wage survey adjustment that occurs after the date of

the enactment of this Act.

SEC. 1114. MODIFICATION OF LIMITATION ON PREMIUM PAY.

(a) IN GENERAL.—Section 5547 of title 5, United States Code,

is amended to read as follows:

‘‘§ 5547. Limitation on premium pay

‘‘(a) An employee may be paid premium pay under sections

5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) only

to the extent that the payment does not cause the aggregate of

basic pay and such premium pay for any pay period for such

employee to exceed the greater of—

‘‘(1) the maximum rate of basic pay payable for GS–15

(including any applicable locality-based comparability payment

under section 5304 or similar provision of law and any

applicable special rate of pay under section 5305 or similar

provision of law); or

‘‘(2) the rate payable for level V of the Executive Schedule.

‘‘(b)(1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee

5 USC 5343 note.

115 STAT. 1240 PUBLIC LAW 107–107—DEC. 28, 2001

who is paid premium pay by reason of work in connection with

an emergency (including a wildfire emergency) that involves a direct

threat to life or property, including work performed in the aftermath

of such an emergency.

‘‘(2) Notwithstanding paragraph (1), no employee referred to

in such paragraph may be paid premium pay under the provisions

of law cited in subsection (a) if, or to the extent that, the aggregate

of the basic pay and premium pay under those provisions for such

employee would, in any calendar year, exceed the greater of—

‘‘(A) the maximum rate of basic pay payable for GS–15

in effect at the end of such calendar year (including any

applicable locality-based comparability payment under section

5304 or similar provision of law and any applicable special

rate of pay under section 5305 or similar provision of law);

or

‘‘(B) the rate payable for level V of the Executive Schedule

in effect at the end of such calendar year.

‘‘(3) Subject to regulations prescribed by the Office of Personnel

Management, the head of an agency may determine that subsection

(a) shall not apply to an employee who is paid premium pay to

perform work that is critical to the mission of the agency. Such

employees may be paid premium pay under the provisions of law

cited in subsection (a) if, or to the extent that, the aggregate

of the basic pay and premium pay under those provisions for such

employee would not, in any calendar year, exceed the greater of—

‘‘(A) the maximum rate of basic pay payable for GS–15

in effect at the end of such calendar year (including any

applicable locality-based comparability payment under section

5304 or similar provision of law and any applicable special

rate of pay under section 5305 or similar provision of law);

or

‘‘(B) the rate payable for level V of the Executive Schedule

in effect at the end of such calendar year.

‘‘(c) The Office of Personnel Management shall prescribe regulations governing the methods of applying subsection (b)(2) and (b)(3)

to employees who receive premium pay under section 5545(c) or

5545a, or to firefighters covered by section 5545b who receive overtime pay for hours in their regular tour of duty, and the method

of payment to such employees. Such regulations may limit the

payment of such premium pay on a biweekly basis.

‘‘(d) This section shall not apply to any employee of the Federal

Aviation Administration or the Department of Defense who is paid

premium pay under section 5546a.’’.

(b) CONFORMING AMENDMENT.—Section 118 of the Treasury

and General Government Appropriations Act, 2001 (as enacted into

law by section 1(3) of Public Law 106–554; 114 Stat. 2763A–134)

is amended by striking ‘‘limitation on the rate of pay payable

during a pay period contained in section 5547(c)(2)’’ and inserting

‘‘restrictions contained in section 5547’’.

(c) EFFECTIVE DATE.—The amendments made by subsections

(a) and (b) shall take effect on the first day of the first pay period

beginning on or after the date that is 120 days following the

date of enactment of this Act.

5 USC 5547 note.

5 USC 5547 note.

Regulations.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1241

SEC. 1115. PARTICIPATION OF PERSONNEL IN TECHNICAL STANDARDS DEVELOPMENT ACTIVITIES.

Subsection (d) of section 12 of the National Technology Transfer

and Advancement Act of 1995 (Pub. Law 104–113; 15 U.S.C. 272

note) is amended—

(1) by redesignating paragraph (4) as paragraph (5); and

(2) by inserting after paragraph (3) the following new paragraph (4):

‘‘(4) EXPENSES OF GOVERNMENT PERSONNEL.—Section 5946

of title 5, United States Code, shall not apply with respect

to any activity of an employee of a Federal agency or department that is determined by the head of that agency or department as being an activity undertaken in carrying out this

subsection.’’.

SEC. 1116. RETENTION OF TRAVEL PROMOTIONAL ITEMS.

(a) DEFINITION.—In this section, the term ‘‘agency’’ has the

meaning given that term under section 5701 of title 5, United

States Code.

(b) RETENTION OF TRAVEL PROMOTIONAL ITEMS.—To the extent

provided under subsection (c), a Federal employee, member of the

Foreign Service, member of a uniformed service, any family member

or dependent of such an employee or member, or other individual

who receives a promotional item (including frequent flyer miles,

upgrade, or access to carrier clubs or facilities) as a result of

using travel or transportation services obtained at Federal Government expense or accepted under section 1353 of title 31, United

States Code, may retain the promotional item for personal use

if the promotional item is obtained under the same terms as those

offered to the general public and at no additional cost to the Federal

Government.

(c) LIMITATION.—Subsection (b)—

(1) applies only to travel that—

(A) is at the expense of an agency; or

(B) is accepted by an agency under section 1353 of

title 31, United States Code; and

(2) does not apply to travel by any officer, employee, or

other official of the Government who is not in or under any

agency.

(d) REGULATORY AUTHORITY.—Any agency with authority to

prescribe regulations governing the acquisition, acceptance, use,

or disposal of any travel or transportation services obtained at

Government expense or accepted under section 1353 of title 31,

United States Code, may prescribe regulations to carry out subsection (b) with respect to those travel or transportation services.

(e) REPEAL OF SUPERSEDED LAW.—Section 6008 of the Federal

Acquisition Streamlining Act of 1994 (5 U.S.C. 5702 note; Public

Law 103–355) is repealed.

(f) APPLICABILITY.—This section shall apply with respect to

promotional items received before, on, or after the date of enactment

of this Act.

SEC. 1117. APPLICABILITY OF CERTAIN LAWS TO CERTAIN INDIVIDUALS ASSIGNED TO WORK IN THE FEDERAL GOVERNMENT.

Section 3374(c)(2) of title 5, United States Code, is amended

by inserting ‘‘the Ethics in Government Act of 1978, section 27

5 USC 5702 note.

115 STAT. 1242 PUBLIC LAW 107–107—DEC. 28, 2001

of the Office of Federal Procurement Policy Act,’’ after ‘‘chapter

73 of this title,’’.

Subtitle C—Intelligence Civilian Personnel

SEC. 1121. AUTHORITY TO INCREASE MAXIMUM NUMBER OF POSITIONS IN THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE.

Section 1606(a) of title 10, United States Code, is amended

by striking ‘‘517’’ and inserting ‘‘544’’.

Subtitle D—Matters Relating To

Retirement

SEC. 1131. IMPROVED PORTABILITY OF RETIREMENT COVERAGE FOR

EMPLOYEES MOVING BETWEEN CIVIL SERVICE EMPLOYMENT AND EMPLOYMENT BY NONAPPROPRIATED FUND

INSTRUMENTALITIES.

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8347(q) of

title 5, United States Code, is amended—

(1) in paragraph (1)—

(A) by inserting ‘‘and’’ at the end of subparagraph

(A);

(B) by striking subparagraph (B); and

(C) by redesignating subparagraph (C) as subparagraph (B); and

(2) in paragraph (2)(B)—

(A) by striking ‘‘vested’’; and

(B) by striking ‘‘, as the term’’ and all that follows

through ‘‘such system’’.

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section

8461(n) of such title is amended—

(1) in paragraph (1)— (A) by inserting ‘‘and’’ at the end of subparagraph

(A);

(B) by striking subparagraph (B); and

(C) by redesignating subparagraph (C) as subparagraph (B); and

(2) in paragraph (2)(B)— (A) by striking ‘‘vested’’; and

(B) by striking ‘‘, as the term’’ and all that follows

through ‘‘such system’’.

SEC. 1132. FEDERAL EMPLOYMENT RETIREMENT CREDIT FOR NONAPPROPRIATED FUND INSTRUMENTALITY SERVICE.

(a) CIVIL SERVICE RETIREMENT SYSTEM.—(1) Section 8332(b)

of title 5, United States Code, is amended—

(A) by striking ‘‘and’’ at the end of paragraph (15);

(B) by striking the period at the end of paragraph (16)

and inserting ‘‘; and’’;

(C) by inserting after paragraph (16) the following new

paragraph:

‘‘(17) service performed by any individual as an employee

paid from nonappropriated funds of an instrumentality of the

Department of Defense or the Coast Guard described in section

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1243

2105(c) that is not covered by paragraph (16) and that is

not otherwise creditable, if the individual elects (in accordance

with regulations prescribed by the Office) to have such service

credited under this paragraph.’’;

(D) in the last sentence, by inserting ‘‘or (17)’’ after ‘‘service

of the type described in paragraph (16)’’; and

(E) by inserting after the last sentence the following:

‘‘Service credited under paragraph (17) may not also be credited

under any other retirement system provided for employees

paid from nonappropriated funds of a nonappropriated fund

instrumentality.’’.

(2) Section 8334 of such title is amended by adding at the

end the following new subsection:

‘‘(n) Notwithstanding subsection (c), no deposit may be made

with respect to service credited under section 8332(b)(17).’’.

(3) Section 8339 of such title is amended by adding at the

end the following new subsection:

‘‘(u) The annuity of an employee retiring under this subchapter

with service credited under section 8332(b)(17) shall be reduced

by the amount necessary to ensure that the present value of the

annuity payable to the employee is actuarially equivalent to the

present value of the annuity that would be payable to the employee

under this subchapter if it were computed—

‘‘(1) on the basis of service that does not include service

credited under section 8332(b)(17); and

‘‘(2) assuming the employee separated from service on the

actual date of the separation of the employee.

The amount of the reduction shall be computed under regulations

prescribed by the Office of Personnel Management for the administration of this subsection.’’.

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—(1) Section

8411 of such title is amended—

(A) in subsection (b)—

(i) by striking ‘‘and’’ at the end of paragraph (4);

(ii) by striking the period at the end of paragraph

(5) and inserting ‘‘; and’’; and

(iii) by inserting after paragraph (5) the following new

paragraph:

‘‘(6) service performed by any individual as an employee

paid from nonappropriated funds of an instrumentality of the

Department of Defense or the Coast Guard described in section

2105(c) that is not otherwise creditable, if the individual elects

(in accordance with regulations prescribed by the Office) to

have such service credited under this paragraph.’’; and

(B) by adding at the end the following new subsection:

‘‘(k)(1) The Office of Personnel Management shall accept, for

the purposes of this chapter, the certification of the head of a

nonappropriated fund instrumentality of the United States concerning service of the type described in subsection (b)(6) that was

performed for such nonappropriated fund instrumentality.

‘‘(2) Service credited under subsection (b)(6) may not also be

credited under any other retirement system provided for employees

paid from nonappropriated funds of a nonappropriated fund

instrumentality.’’.

(2)(A) Section 8422 of such title is amended by adding at

the end the following new subsection:

115 STAT. 1244 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(h) No deposit may be made with respect to service credited

under section 8411(b)(6).’’.

(B) The heading for such section is amended to read as follows:

‘‘§ 8422. Deductions from pay; contributions for other

service’’.

(C) The item relating to such section in the table of contents

at the beginning of chapter 84 of title 5, United States Code,

is amended to read as follows:

‘‘8422. Deductions from pay; contributions for other service.’’.

(3) Section 8415 of such title is amended by adding at the

end the following new subsection:

‘‘(j) The annuity of an employee retiring under this chapter

with service credited under section 8411(b)(6) shall be reduced

by the amount necessary to ensure that the present value of the

annuity payable to the employee under this subchapter is actuarially equivalent to the present value of the annuity that would

be payable to the employee under this subchapter if it were

computed—

‘‘(1) on the basis of service that does not include service

credited under section 8411(b)(6); and

‘‘(2) assuming the employee separated from service on the

actual date of the separation of the employee.

The amount of the reduction shall be computed under regulations

prescribed by the Office of Personnel Management for the administration of this subsection.’’.

(c) APPLICABILITY.—The amendments made by this section shall

apply only to separations from service as an employee of the United

States on or after the date of the enactment of this Act.

SEC. 1133. MODIFICATION OF LIMITATIONS ON EXERCISE OF VOLUNTARY SEPARATION INCENTIVE PAY AUTHORITY AND

VOLUNTARY EARLY RETIREMENT AUTHORITY.

(a) IN GENERAL.—Section 1153(b) 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–323) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘(1) Subject to paragraph (2), the’’ and

inserting ‘‘The’’;

(B) by striking ‘‘in each of fiscal years 2002 and 2003,

not more than 4000 employees of the Department of

Defense are’’ and inserting ‘‘in fiscal year 2002 not more

than 2000 employees of the Department of Defense are,

and in fiscal year 2003 not more than 6000 employees

of the Department of Defense are’’; and

(C) by redesignating subparagraphs (A) and (B) as

paragraphs (1) and (2), respectively; and

(2) by striking paragraph (2).

(b) CONSTRUCTION.—The amendments made by subsection (a)

may be superceded by another provision of law that takes effect

after the date of the enactment of this Act, and before October

1, 2003, establishing a uniform system of providing voluntary separation incentives (including a system for requiring approval of plans

by the Office of Management and Budget) for employees of the

Federal Government.

5 USC 5597 note.

5 USC 5597 note.

5 USC 8332 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1245

TITLE XII—MATTERS RELATING TO

OTHER NATIONS

Subtitle A—Matters Related to Arms Control and Monitoring

Sec. 1201. Clarification of authority to furnish nuclear test monitoring equipment

to foreign governments.

Sec. 1202. Limitation on funding for Joint Data Exchange Center in Moscow.

Sec. 1203. Support of United Nations-sponsored efforts to inspect and monitor Iraqi

weapons activities.

Sec. 1204. Authority for employees of Federal Government contractors to accompany chemical weapons inspection teams at Government-owned facilities.

Sec. 1205. Plan for securing nuclear weapons, material, and expertise of the states

of the former Soviet Union.

Subtitle B—Matters Relating to Allies and Friendly Foreign Nations

Sec. 1211. Acquisition of logistical support for security forces.

Sec. 1212. Extension of authority for international cooperative research and development projects.

Sec. 1213. Cooperative agreements with foreign countries and international organizations for reciprocal use of test facilities.

Sec. 1214. Sense of Congress on allied defense burdensharing.

Subtitle C—Reports

Sec. 1221. Report on significant sales and transfers of military hardware, expertise,

and technology to the People’s Republic of China.

Sec. 1222. Repeal of requirement for reporting to Congress on military deployments

to Haiti.

Sec. 1223. Report by Comptroller General on provision of defense articles, services,

and military education and training to foreign countries and international organizations.

Subtitle A—Matters Related to Arms

Control and Monitoring

SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR

TEST MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS.

(a) REDESIGNATION OF EXISTING SECTION.—(1) The second section 2555 of title 10, United States Code, added by section 1203(a)

of the Floyd D. Spence National Defense Authorization Act for

Fiscal Year 2001 (as enacted into law by Public Law 106–398;

114 Stat. 1654A–324), is redesignated as section 2565.

(2) The item relating to that section in the table of sections

at the beginning of chapter 152 of that title is amended to read

as follows:

‘‘2565. Nuclear test monitoring equipment: furnishing to foreign governments.’’.

(b) CLARIFICATION OF AUTHORITY.—Section 2565 of that title,

as so redesignated by subsection (a), is amended—

(1) in subsection (a)—

(A) by striking ‘‘CONVEY OR’’ in the subsection heading

and inserting ‘‘TRANSFER TITLE TO OR OTHERWISE’’;

(B) in paragraph (1)—

(i) by striking ‘‘convey’’ and inserting ‘‘transfer

title’’; and

(ii) by striking ‘‘and’’ at the end;

(C) by striking the period at the end of paragraph

(2) and inserting ‘‘; and’’; and

115 STAT. 1246 PUBLIC LAW 107–107—DEC. 28, 2001

(D) by adding at the end the following new paragraph:

‘‘(3) inspect, test, maintain, repair, or replace any such

equipment.’’; and

(2) in subsection (b)—

(A) by striking ‘‘conveyed or otherwise provided’’ and

inserting ‘‘provided to a foreign government’’;

(B) by inserting ‘‘and’’ at the end of paragraph (1);

(C) by striking ‘‘; and’’ at the end of paragraph (2)

and inserting a period; and

(D) by striking paragraph (3).

SEC. 1202. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE

CENTER IN MOSCOW.

(a) LIMITATION.—Not more than 50 percent of the funds made

available to the Department of Defense for fiscal year 2002 for

activities associated with the Joint Data Exchange Center in

Moscow, Russia, may be obligated for any such activity until—

(1) the United States and the Russian Federation enter

into a cost-sharing agreement as described in subsection (d)

of section 1231 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–329);

(2) the United States and the Russian Federation enter

into an agreement or agreements exempting the United States

and any United States person from Russian taxes, and from

liability under Russian laws, with respect to activities associated with the Joint Data Exchange Center;

(3) the Secretary of Defense submits to the Committee

on Armed Services of the Senate and the Committee on Armed

Services of the House of Representatives a copy of each agreement referred to in paragraphs (1) and (2); and

(4) a period of 30 days has expired after the date of the

final submission under paragraph (3).

(b) JOINT DATA EXCHANGE CENTER.—For purposes of this section, the term ‘‘Joint Data Exchange Center’’ means the United

States-Russian Federation joint center for the exchange of data

to provide early warning of launches of ballistic missiles and for

notification of such launches that is provided for in a joint United

States-Russian Federation memorandum of agreement signed in

Moscow in June 2000.

SEC. 1203. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO

INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES.

(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR

2002.—The total amount of the assistance for fiscal year 2002

that is provided by the Secretary of Defense under section 1505

of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C.

5859a) as activities of the Department of Defense in support of

activities under that Act may not exceed $15,000,000.

(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Subsection (f) of section 1505 of the Weapons of Mass Destruction

Control Act of 1992 (22 U.S.C. 5859a) is amended by striking

‘‘2001’’ and inserting ‘‘2002’’.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1247

SEC. 1204. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT

CONTRACTORS TO ACCOMPANY CHEMICAL WEAPONS

INSPECTION TEAMS AT GOVERNMENT-OWNED FACILITIES.

(a) AUTHORITY.—Section 303(b)(2) of the Chemical Weapons

Convention Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is

amended by inserting after ‘‘designation of employees of the Federal

Government’’ the following: ‘‘(and, in the case of an inspection

of a United States Government facility, the designation of contractor

personnel who shall be led by an employee of the Federal Government)’’.

(b) CREDENTIALS.—Section 304(c) of such Act (22 U.S.C. 6724(c))

is amended by striking ‘‘Federal government’’ and inserting ‘‘Federal

Government (and, in the case of an inspection of a United States

Government facility, any accompanying contractor personnel)’’.

SEC. 1205. PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND

EXPERTISE OF THE STATES OF THE FORMER SOVIET

UNION.

(a) PLAN REQUIRED.—Not later than June 15, 2002, the President shall submit to Congress a plan, that has been developed

in coordination with all relevant Federal agencies—

(1) for cooperating with Russia on disposing, as soon as

practicable, of nuclear weapons and weapons-usable nuclear

material in Russia that Russia does not retain in its nuclear

arsenals;

(2) for assisting Russia in downsizing its nuclear weapons

research and production complex;

(3) for cooperating with the other states of the former

Soviet Union on disposing, as soon as practicable, of all nuclear

weapons and weapons-usable nuclear material in such states;

and

(4) for preventing the outflow from the states of the former

Soviet Union of scientific expertise that could be used for developing nuclear weapons, other weapons of mass destruction,

and delivery systems for such weapons.

(b) CONTENT OF PLAN.—The plan required by subsection (a)

shall include the following:

(1) Specific goals and measurable objectives for programs

that are designed to carry out the objectives described in subsection (a).

(2) Criteria for success for such programs, and a strategy

for eventual termination of United States contributions to such

programs and assumption of the ongoing support of those programs by others.

(3) A description of any administrative and organizational

changes necessary to improve the coordination and effectiveness

of such programs. In particular, the plan shall include consideration of the creation of an interagency committee that would

have primary responsibilities within the executive branch for—

(A) monitoring United States nonproliferation efforts

in the states of the former Soviet Union;

(B) coordinating the implementation of United States

policy with respect to such efforts; and

(C) recommending to the President integrated policies,

budget options, and private sector and international contributions for such programs.

Deadline.

President.

115 STAT. 1248 PUBLIC LAW 107–107—DEC. 28, 2001

(4) An estimate of the cost of carrying out such programs.

(c) CONSULTATION.—In developing the plan required by subsection (a), the President—

(1) is encouraged to consult with the relevant states of

the former Soviet Union regarding the practicality of various

options; and

(2) shall consult with the majority and minority leadership

of the appropriate committees of Congress.

Subtitle B—Matters Relating to Allies and

Friendly Foreign Nations

SEC. 1211. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY

FORCES.

Section 5 of the Multinational Force and Observers Participation Resolution (22 U.S.C. 3424) is amended by adding at the

end the following new subsection:

‘‘(d)(1) The United States may use contractors to provide

logistical support to the Multinational Force and Observers under

this section in lieu of providing such support through a logistical

support unit comprised of members of the United States Armed

Forces.

‘‘(2) Notwithstanding subsections (a) and (b) and section 7(b),

support by a contractor under this subsection may be provided

without reimbursement whenever the President determines that

such action enhances or supports the national security interests

of the United States.’’.

SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS.

(a) ELIGIBILITY OF FRIENDLY FOREIGN COUNTRIES.—Section

2350a of title 10, United States Code, is amended—

(1) in subsection (a)—

(A) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY TO ENGAGE

IN COOPERATIVE R&D PROJECTS.—’’;

(B) by striking ‘‘major allies of the United States or

NATO organizations’’ and inserting ‘‘countries or organizations referred to in paragraph (2)’’; and

(C) by adding at the end the following new paragraph:

‘‘(2) The countries and organizations with which the Secretary

may enter into a memorandum of agreement (or other formal agreement) under paragraph (1) are as follows:

‘‘(A) The North Atlantic Treaty Organization.

‘‘(B) A NATO organization.

‘‘(C) A member nation of the North Atlantic Treaty

Organization.

‘‘(D) A major non-NATO ally.

‘‘(E) Any other friendly foreign country.’’;

(2) in subsection (b)(1)—

(A) by striking ‘‘its major non-NATO allies’’ and

inserting ‘‘a country or organization referred to in subsection (a)(2)’’; and

(B) by striking ‘‘(NATO)’’;

(3) in subsection (d)—

Contracts.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1249

(A) in paragraph (1), by striking ‘‘the major allies of

the United States’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’; and

(B) in paragraph (2)—

(i) by striking ‘‘major ally of the United States’’

and inserting ‘‘country or organization referred to in

subsection (a)(2)’’; and

(ii) by striking ‘‘that ally’s contribution’’ and

inserting ‘‘the contribution of that country or organization’’;

(4) in subsection (e)(2)—

(A) in subparagraph (A), by striking ‘‘one or more of

the major allies of the United States’’ and inserting ‘‘any

country or organization referred to in subsection (a)(2)’’;

(B) in subparagraph (B), by striking ‘‘major allies of

the United States or NATO organizations’’ and inserting

‘‘countries and organizations referred to in subsection

(a)(2)’’;

(C) in subparagraph (C), by striking ‘‘major allies of

the United States’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’; and

(D) in subparagraph (D), by striking ‘‘major allies of

the United States’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’;

(5) paragraphs (1)(A) and (4)(A) of subsection (g), by

striking ‘‘major allies of the United States and other friendly

foreign countries’’ and inserting ‘‘countries referred to in subsection (a)(2)’’;

(6) in subsection (h), by striking ‘‘major allies of the United

States’’ and inserting ‘‘member nations of the North Atlantic

Treaty Organization, major non-NATO allies, and other friendly

foreign countries’’; and

(7) in subsection (i)—

(A) in paragraph (1), by striking ‘‘major allies of the

United States or NATO organizations’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’;

(B) by striking paragraph (2); and

(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(b) NOTICE-AND-WAIT REQUIREMENT.—Subsection (a) of such

section is further amended by adding at the end the following

new paragraph:

‘‘(3) If such a memorandum of understanding (or other formal

agreement) is with a country referred to in subparagraph (E) of

paragraph (2), such memorandum (or agreement) may go into effect

only after the Secretary submits to the Committees on Armed

Services and on Foreign Relations of the Senate and to the Committees on Armed Services and on International Relations of the House

of Representatives a report with respect to the proposed memorandum (or agreement) and a period of 30 days has passed after

the report has been submitted.’’.

(c) DELEGATION OF AUTHORITY TO DETERMINE ELIGIBILITY OF

PROJECTS.—Subsection (b)(2) of such section is amended by striking

‘‘to the Deputy Secretary of Defense’’ and all that follows through

the period at the end and inserting ‘‘to the Deputy Secretary of

Defense and to one other official of the Department of Defense.’’.

115 STAT. 1250 PUBLIC LAW 107–107—DEC. 28, 2001

(d) REVISION OF REQUIREMENT FOR ANNUAL REPORT ON

ELIGIBLE COUNTRIES.—Subsection (f)(2) of such section is amended

to read as follows: ‘‘(2) Not later than January 1 of each year, the Secretary

of Defense shall submit to the Committees on Armed Services

and on Foreign Relations of the Senate and to the Committees

on Armed Services and on International Relations of the House

of Representatives a report specifying—

‘‘(A) the countries that are eligible to participate in a

cooperative project agreement under this section; and

‘‘(B) the criteria used to determine the eligibility of such

countries.’’.

(e) CONFORMING AMENDMENTS.—(1) The heading of such section

is amended to read as follows:

‘‘§ 2350a. Cooperative research and development agreements: NATO organizations; allied and friendly

foreign countries’’.

(2) The item relating to such section in the table of sections

at the beginning of subchapter II of chapter 138 of title 10, United

States Code, is amended to read as follows:

‘‘2350a. Cooperative research and development agreements: NATO organizations;

allied and friendly foreign countries.’’.

SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES

AND INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL

USE OF TEST FACILITIES.

(a) AUTHORITY.—Subchapter II of chapter 138 of title 10, United

States Code, is amended by adding at the end the following new

section:

‘‘§ 2350l. Cooperative agreements for reciprocal use of test

facilities: foreign countries and international

organizations

‘‘(a) AUTHORITY.—The Secretary of Defense, with the concurrence of the Secretary of State, may enter into a memorandum

of understanding (or other formal agreement) with a foreign country

or international organization to provide for the testing, on a reciprocal basis, of defense equipment (1) by the United States using

test facilities of that country or organization, and (2) by that country

or organization using test facilities of the United States.

‘‘(b) PAYMENT OF COSTS.—A memorandum or other agreement

under subsection (a) shall provide that, when a party to the agreement uses a test facility of another party to the agreement, the

party using the test facility is charged by the party providing

the test facility in accordance with the following principles:

‘‘(1) The user party shall be charged the amount equal

to the direct costs incurred by the provider party in furnishing

test and evaluation services by the providing party’s officers,

employees, or governmental agencies.

‘‘(2) The user party may also be charged indirect costs

relating to the use of the test facility, but only to the extent

specified in the memorandum or other agreement.

‘‘(c) DETERMINATION OF INDIRECT COSTS; DELEGATION OF

AUTHORITY.—(1) The Secretary of Defense shall determine the

appropriateness of the amount of indirect costs charged by the

United States pursuant to subsection (b)(2).

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1251

‘‘(2) The Secretary may delegate the authority under paragraph

(1) only to the Deputy Secretary of Defense and to one other

official of the Department of Defense.

‘‘(d) RETENTION OF FUNDS COLLECTED BY THE UNITED STATES.—

Amounts collected by the United States from a party using a

test facility of the United States pursuant to a memorandum or

other agreement under this section shall be credited to the appropriation accounts from which the costs incurred by the United

States in providing such test facility were paid.

‘‘(e) DEFINITIONS.—In this section:

‘‘(1) The term ‘direct cost’, with respect to the use of a

test facility pursuant to a memorandum or other agreement

under subsection (a)—

‘‘(A) means any item of cost that is easily and readily

identified to a specific unit of work or output within the

test facility where the use occurred, that would not have

been incurred if such use had not occurred; and

‘‘(B) may include costs of labor, materials, facilities,

utilities, equipment, supplies, and any other resources of

the test facility that are consumed or damaged in connection with—

‘‘(i) the use; or

‘‘(ii) the maintenance of the test facility for purposes of the use.

‘‘(2) The term ‘indirect cost’, with respect to the use of

a test facility pursuant to a memorandum or other agreement

under subsection (a)—

‘‘(A) means any item of cost that is not easily and

readily identified to a specific unit of work or output within

the test facility where the use occurred; and

‘‘(B) may include general and administrative expenses

for such activities as supporting base operations, manufacturing, supervision, procurement of office supplies, and

utilities that are accumulated costs allocated among several

users.

‘‘(3) The term ‘test facility’ means a range or other facility

at which testing of defense equipment may be carried out.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the

following new item:

‘‘2350l. Cooperative agreements for reciprocal use of test facilities: foreign countries

and international organizations.’’.

SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDENSHARING.

It is the sense of Congress that—

(1) the efforts of the President to increase defense

burdensharing by allied and friendly nations deserve strong

support; and

(2) host nation support agreements with those nations in

which United States military personnel are assigned to permanent duty ashore should be negotiated consistent with section

1221(a)(1) of the National Defense Authorization Act for Fiscal

Year 1998 (Public Law 105–85; 50 U.S.C. 1541(a)(1)), which

sets forth a goal of obtaining from any such host nation financial

contributions that amount to 75 percent of the nonpersonnel

115 STAT. 1252 PUBLIC LAW 107–107—DEC. 28, 2001

costs incurred by the United States Government for stationing

United States military personnel in that nation.

Subtitle C—Reports

SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE

PEOPLE’S REPUBLIC OF CHINA.

Section 1202 of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C.

113 note) is amended by adding at the end the following new

subsection:

‘‘(d) REPORT ON SIGNIFICANT SALES AND TRANSFERS TO CHINA.—

(1) The report to be submitted under this section not later than

March 1, 2002, shall include in a separate section a report

describing any significant sale or transfer of military hardware,

expertise, and technology to the People’s Republic of China. The

report shall set forth the history of such sales and transfers since

1995, forecast possible future sales and transfers, and address

the implications of those sales and transfers for the security of

the United States and its friends and allies in Asia.

‘‘(2) The report shall include analysis and forecasts of the

following matters related to military cooperation between selling

states and the People’s Republic of China:

‘‘(A) The extent in each selling state of government knowledge, cooperation, or condoning of sales or transfers of military

hardware, expertise, or technology to the People’s Republic

of China.

‘‘(B) An itemization of significant sales and transfers of

military hardware, expertise, or technology from each selling

state to the People’s Republic of China that have taken place

since 1995, with a particular focus on command, control,

communications, and intelligence systems.

‘‘(C) Significant assistance by any selling state to key

research and development programs of China, including programs for development of weapons of mass destruction and

delivery vehicles for such weapons, programs for development

of advanced conventional weapons, and programs for development of unconventional weapons.

‘‘(D) The extent to which arms sales by any selling state

to the People’s Republic of China are a source of funds for

military research and development or procurement programs

in the selling state.

‘‘(3) The report under paragraph (1) shall include, with respect

to each area of analysis and forecasts specified in paragraph (2)—

‘‘(A) an assessment of the military effects of such sales

or transfers to entities in the People’s Republic of China;

‘‘(B) an assessment of the ability of the People’s Liberation

Army to assimilate such sales or transfers, mass produce new

equipment, or develop doctrine for use; and

‘‘(C) the potential threat of developments related to such

effects on the security interests of the United States and its

friends and allies in Asia.’’.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1253

SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS

ON MILITARY DEPLOYMENTS TO HAITI.

Section 1232(b) of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 788; 50 U.S.C.

1541 note) is repealed.

SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVISION OF

DEFENSE ARTICLES, SERVICES, AND MILITARY EDUCATION AND TRAINING TO FOREIGN COUNTRIES AND

INTERNATIONAL ORGANIZATIONS.

(a) STUDY.—The Comptroller General shall conduct a study

of the following:

(1) The benefits derived by each foreign country or international organization from the receipt of defense articles,

defense services, or military education and training provided

after December 31, 1989, pursuant to the drawdown of such

articles, services, or education and training from the stocks

of the Department of Defense under section 506, 516, or 552

of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j,

or 2348a) or any other provision of law.

(2) Any benefits derived by the United States from the

provision of defense articles, defense services, and military

education and training described in paragraph (1).

(3) The effect on the readiness of the Armed Forces as

a result of the provision by the United States of defense articles,

defense services, and military education and training described

in paragraph (1).

(4) The cost to the Department of Defense with respect

to the provision of defense articles, defense services, and military education and training described in paragraph (1).

(b) REPORTS.—(1) Not later than April 15, 2002, the Comptroller

General shall submit to Congress an interim report containing

the results to that date of the study conducted under subsection

(a).

(2) Not later than August 1, 2002, the Comptroller General

shall submit to Congress a final report containing the results of

the study conducted under subsection (a).

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. Limitation on use of funds until submission of reports.

Sec. 1304. Requirement to consider use of revenue generated by activities carried

out under Cooperative Threat Reduction programs.

Sec. 1305. Prohibition against use of funds for second wing of fissile material storage facility.

Sec. 1306. Prohibition against use of funds for certain construction activities.

Sec. 1307. Reports on activities and assistance under Cooperative Threat Reduction

programs.

Sec. 1308. Chemical weapons destruction.

Sec. 1309. Additional matter in annual report on activities and assistance under

Cooperative Threat Reduction programs.

Deadline.

Deadline.

115 STAT. 1254 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION

PROGRAMS AND FUNDS.

(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section

301 and other provisions of this Act, Cooperative Threat Reduction

programs are the programs specified in section 1501(b) of the

National Defense Authorization Act for Fiscal Year 1997 (Public

Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note).

(b) FISCAL YEAR 2002 COOPERATIVE THREAT REDUCTION FUNDS

DEFINED.—As used in this title, the term ‘‘fiscal year 2002 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for

Cooperative Threat Reduction programs.

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to

the authorization of appropriations in section 301 for Cooperative

Threat Reduction programs shall be available for obligation for

three fiscal years.

SEC. 1302. FUNDING ALLOCATIONS.

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $403,000,000

authorized to be appropriated to the Department of Defense for

fiscal year 2002 in section 301(23) for Cooperative Threat Reduction

programs, not more than the following amounts may be obligated

for the purposes specified:

(1) For strategic offensive arms elimination in Russia,

$133,405,000.

(2) For strategic nuclear arms elimination in Ukraine,

$51,500,000.

(3) For nuclear weapons transportation security in Russia,

$9,500,000.

(4) For nuclear weapons storage security in Russia,

$56,000,000.

(5) For biological weapons proliferation prevention activities in the former Soviet Union, $17,000,000.

(6) For activities designated as Other Assessments/

Administrative Support, $13,221,000.

(7) For defense and military contacts, $18,650,000.

(8) For chemical weapons destruction in Russia,

$50,000,000.

(9) For weapons of mass destruction infrastructure elimination activities in Kazakhstan, $6,000,000.

(10) For weapons of mass destruction infrastructure elimination activities in Ukraine, $6,024,000.

(11) For activities to assist Russia in the elimination of

plutonium production reactors, $41,700,000.

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR

OTHER PURPOSES.—No fiscal year 2002 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than

a purpose listed in paragraphs (1) through (11) of subsection (a)

until 30 days after the date that the Secretary of Defense submits

to Congress a report on the purpose for which the funds will

be obligated or expended and the amount of funds to be obligated

or expended. Nothing in the preceding sentence shall be construed

as authorizing the obligation or expenditure of fiscal year 2002

Cooperative Threat Reduction funds for a purpose for which the

obligation or expenditure of such funds is specifically prohibited

under this title or any other provision of law.

22 USC 5952

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1255

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1)

Subject to paragraphs (2) and (3), in any case in which the Secretary

of Defense determines that it is necessary to do so in the national

interest, the Secretary may obligate amounts appropriated for fiscal

year 2002 for a purpose listed in any of the paragraphs in subsection

(a) in excess of the amount specifically authorized for such purpose.

(2) An obligation of funds for a purpose stated in any of the

paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided

in paragraph (1) only after—

(A) the Secretary submits to Congress notification of the

intent to do so together with a complete discussion of the

justification for doing so; and

(B) 15 days have elapsed following the date of the notification.

(3) The Secretary may not, under the authority provided in

paragraph (1), obligate amounts for the purposes stated in paragraph (6), (7), or (11) of subsection (a) in excess of 115 percent

of the amount specifically authorized for such purposes.

(d) MODIFICATION OF AUTHORITY TO VARY INDIVIDUAL AMOUNTS

OF FY 2001 FUNDS.—Section 1302(c)(3) 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–340) is amended

by striking ‘‘(4),’’.

SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF

REPORTS.

Not more than 50 percent of fiscal year 2002 Cooperative Threat

Reduction funds may be obligated or expended until 30 days after

the date of the submission of—

(1) the report required to be submitted in fiscal year 2001

under section 1308(a) of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 (as enacted into law

by Public Law 106–398; 114 Stat. 1654A–341); and

(2) the multiyear plan required to be submitted for fiscal

year 2001 under section 1308(h) of such Act.

SEC. 1304. REQUIREMENT TO CONSIDER USE OF REVENUE GENERATED BY ACTIVITIES CARRIED OUT UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

The Secretary of Defense shall consider the use of revenue

generated by activities carried out under Cooperative Threat Reduction programs in negotiating and executing contracts with Russia

to carry out such programs.

SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING

OF FISSILE MATERIAL STORAGE FACILITY.

(a) PROHIBITION.—No fiscal year 2002 Cooperative Threat

Reduction funds and no funds authorized to be appropriated for

Cooperative Threat Reduction programs for any prior fiscal year

may be used for the construction of a second wing for a storage

facility for Russian fissile material.

(b) CONFORMING AMENDMENT.—Section 1304 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–

341) is amended to read as follows: 22 USC 5952

note.

22 USC 5952

note.

22 USC 5952

note.

Notification.

115 STAT. 1256 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL

STORAGE FACILITY.

‘‘Out of funds authorized to be appropriated for Cooperative

Threat Reduction programs for fiscal year 2001 or any other fiscal

year, not more than $412,600,000 may be used for planning, design,

or construction of the first wing for the storage facility for Russian

fissile material referred to in section 1302(a)(5) other than planning,

design, or construction to improve security at such first wing.’’.

SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN

CONSTRUCTION ACTIVITIES.

No fiscal year 2002 Cooperative Threat Reduction funds may

be used for construction activities carried out under Russia’s program to eliminate the production of weapons grade plutonium.

SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER

COOPERATIVE THREAT REDUCTION PROGRAMS.

Section 1308(c)(4) 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–342) is amended—

(1) in the matter preceding subparagraph (A)—

(A) by striking ‘‘audits’’ and all that follows through

‘‘conducted’’ and inserting ‘‘means (including program

management, audits, examinations, and other means)

used’’; and

(B) by striking ‘‘and that such assistance is being used

for its intended purpose’’ and inserting ‘‘, that such assistance is being used for its intended purpose, and that such

assistance is being used efficiently and effectively’’;

(2) in subparagraph (C), by inserting ‘‘and an assessment

of whether the assistance being provided is being used effectively and efficiently’’ before the semicolon; and

(3) in subparagraph (D), by striking ‘‘audits, examinations,

and other’’.

SEC. 1308. CHEMICAL WEAPONS DESTRUCTION.

Section 1305 of the National Defense Authorization Act for

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 794; 22 U.S.C.

5952 note) is amended by inserting before the period at the end

the following: ‘‘until the Secretary of Defense submits to Congress

a certification that there has been—

‘‘(1) information provided by Russia, that the United States

assesses to be full and accurate, regarding the size of the

chemical weapons stockpile of Russia;

‘‘(2) a demonstrated annual commitment by Russia to allocate at least $25,000,000 to chemical weapons elimination;

‘‘(3) development by Russia of a practical plan for

destroying its stockpile of nerve agents;

‘‘(4) enactment of a law by Russia that provides for the

elimination of all nerve agents at a single site;

‘‘(5) an agreement by Russia to destroy or convert its chemical weapons production facilities at Volgograd and

Novocheboksark; and

‘‘(6) a demonstrated commitment from the international

community to fund and build infrastructure needed to support

and operate the facility.’’.

22 USC 5959.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1257

SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES

AND ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION PROGRAMS.

Section 1308(c) 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–341) (as amended by section

1308) is further amended by adding at the end of the following

new paragraph: ‘‘(6) A description of the amount of the financial commitment from the international community, and from Russia, for

the chemical weapons destruction facility located at Shchuch’ye,

Russia, for the fiscal year beginning in the year in which

the report is submitted.’’.

TITLE XIV—ARMED FORCES

RETIREMENT HOME

Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991.

Sec. 1402. Definitions.

Sec. 1403. Revision of authority establishing the Armed Forces Retirement Home.

Sec. 1404. Chief Operating Officer.

Sec. 1405. Residents of Retirement Home.

Sec. 1406. Local Boards of Trustees.

Sec. 1407. Directors, Deputy Directors, Associate Directors, and staff of facilities.

Sec. 1408. Disposition of effects of deceased persons and unclaimed property.

Sec. 1409. Transitional provisions.

Sec. 1410. Conforming and clerical amendments and repeals of obsolete provisions.

SEC. 1401. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT

OF 1991.

Except as otherwise expressly provided, whenever in this title

an amendment or repeal is expressed in terms of an amendment

to, or a repeal of, a section or other provision, the reference shall

be considered to be made to a section or other provision of the

Armed Forces Retirement Home Act of 1991 (title XV of Public

Law 101–510; 24 U.S.C. 401 et seq.).

SEC. 1402. DEFINITIONS.

Section 1502 (24 U.S.C. 401) is amended—

(1) by striking paragraphs (1), (2), (3), (4), and (5), and

inserting the following new paragraphs:

‘‘(1) The term ‘Retirement Home’ includes the institutions

established under section 1511, as follows:

‘‘(A) The Armed Forces Retirement Home—Washington.

‘‘(B) The Armed Forces Retirement Home—Gulfport.

‘‘(2) The term ‘Local Board’ means a Local Board of Trustees

established under section 1516.

‘‘(3) The terms ‘Armed Forces Retirement Home Trust

Fund’ and ‘Fund’ mean the Armed Forces Retirement Home

Trust Fund established under section 1519(a).’’;

(2) by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively; and

(3) in paragraph (5), as so redesignated—

(A) in subparagraph (C), by striking ‘‘, Manpower and

Personnel’’ and inserting ‘‘for Personnel’’; and

(B) in subparagraph (D), by striking ‘‘with responsibility for personnel matters’’ and inserting ‘‘for Manpower

and Reserve Affairs’’.

22 USC 5959.

115 STAT. 1258 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 1403. REVISION OF AUTHORITY ESTABLISHING THE ARMED

FORCES RETIREMENT HOME.

Section 1511 (24 U.S.C. 411) is amended to read as follows:

‘‘SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT

HOME.

‘‘(a) INDEPENDENT ESTABLISHMENT.—The Armed Forces Retirement Home is an independent establishment in the executive

branch.

‘‘(b) PURPOSE.—The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home—Washington

and the Armed Forces Retirement Home—Gulfport, residences and

related services for certain retired and former members of the

Armed Forces.

‘‘(c) FACILITIES.—(1) Each facility of the Retirement Home

referred to in paragraph (2) is a separate establishment of the

Retirement Home.

‘‘(2) The United States Soldiers’ and Airmen’s Home is hereby

redesignated as the Armed Forces Retirement Home—Washington.

The Naval Home is hereby redesignated as the Armed Forces Retirement Home—Gulfport.

‘‘(d) OPERATION.—(1) The Chief Operating Officer of the Armed

Forces Retirement Home is the head of the Retirement Home.

The Chief Operating Officer is subject to the authority, direction,

and control of the Secretary of Defense.

‘‘(2) Each facility of the Retirement Home shall be maintained

as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and

control of the Director of that facility. The Director of each facility

of the Retirement Home is subject to the authority, direction, and

control of the Chief Operating Officer.

‘‘(e) PROPERTY AND FACILITIES.—(1) The Retirement Home shall

include such property and facilities as may be acquired under

paragraph (2) or accepted under section 1515(f) for inclusion in

the Retirement Home.

‘‘(2) The Secretary of Defense may acquire, for the benefit

of the Retirement Home, property and facilities for inclusion in

the Retirement Home.

‘‘(3) The Secretary of Defense may dispose of any property

of the Retirement Home, by sale, lease, or otherwise, that the

Secretary determines is excess to the needs of the Retirement

Home. The proceeds from such a disposal of property shall be

deposited in the Armed Forces Retirement Home Trust Fund. No

such disposal of real property shall be effective earlier than 120

days after the date on which the Secretary transmits a notification

of the proposed disposal to the Committees on Armed Services

of the Senate and the House of Representatives.

‘‘(f) DEPARTMENT OF DEFENSE SUPPORT.—The Secretary of

Defense may make available from the Department of Defense to

the Retirement Home, on a nonreimbursable basis, administrative

support and office services, legal and policy planning assistance,

access to investigative facilities of the Inspector General of the

Department of Defense and of the military departments, and any

other support necessary to enable the Retirement Home to carry

out its functions under this title.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1259

‘‘(g) ACCREDITATION.—The Chief Operating Officer shall

endeavor to secure for each facility of the Retirement Home accreditation by a nationally recognized civilian accrediting organization,

such as the Continuing Care Accreditation Commission and the

Joint Commission for Accreditation of Health Organizations. ‘‘(h) ANNUAL REPORT.—The Secretary of Defense shall transmit

to Congress an annual report on the financial and other affairs

of the Retirement Home for each fiscal year.’’.

SEC. 1404. CHIEF OPERATING OFFICER.

(a) ESTABLISHMENT AND AUTHORITY OF POSITION.—Section 1515

(24 U.S.C. 415) is amended to read as follows:

‘‘SEC. 1515. CHIEF OPERATING OFFICER.

‘‘(a) APPOINTMENT.—(1) The Secretary of Defense shall appoint

the Chief Operating Officer of the Retirement Home. ‘‘(2) The Chief Operating Officer shall serve at the pleasure

of the Secretary of Defense. ‘‘(3) The Secretary of Defense shall evaluate the performance

of the Chief Operating Officer at least once each year. ‘‘(b) QUALIFICATIONS.—To qualify for appointment as the Chief

Operating Officer, a person shall— ‘‘(1) be a continuing care retirement community professional; ‘‘(2) have appropriate leadership and management skills;

and ‘‘(3) have experience and expertise in the operation and

management of retirement homes and in the provision of longterm medical care for older persons.

‘‘(c) RESPONSIBILITIES.—(1) The Chief Operating Officer shall

be responsible to the Secretary of Defense for the overall direction,

operation, and management of the Retirement Home and shall

report to the Secretary on those matters. ‘‘(2) The Chief Operating Officer shall supervise the operation

and administration of the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport, including

the Local Boards of those facilities. ‘‘(3) The Chief Operating Officer shall perform the following

duties: ‘‘(A) Issue, and ensure compliance with, appropriate rules

for the operation of the Retirement Home. ‘‘(B) Periodically visit, and inspect the operation of, the

facilities of the Retirement Home. ‘‘(C) Periodically examine and audit the accounts of the

Retirement Home. ‘‘(D) Establish any advisory body or bodies that the Chief

Operating Officer considers to be necessary.

‘‘(d) COMPENSATION.—(1) The Secretary of Defense may prescribe the pay of the Chief Operating Officer, except that the

annual rate of basic pay, including locality pay, of the Chief Operating Officer may not exceed the annual rate of basic pay payable

for level III of the Executive Schedule under section 5314 of title

5, United States Code.

‘‘(2) In addition to basic pay and any locality pay prescribed

for the Chief Operating Officer, the Secretary may award the Chief

Operating Officer, not more than once each year, a bonus based

on the performance of the Chief Operating Officer for the year.

The Secretary shall prescribe the amount of any such bonus.

115 STAT. 1260 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(3) The total amount of the basic pay and bonus paid the

Chief Operating Officer for a year under this section may not

exceed the annual rate of basic pay payable for level I of the

Executive Schedule under section 5312 of title 5, United States

Code.

‘‘(e) ADMINISTRATIVE STAFF.—(1) The Chief Operating Officer

may, subject to the approval of the Secretary of Defense, appoint

a staff to assist in the performance of the Chief Operating Officer’s

duties in the overall administration of the Retirement Home. ‘‘(2) The Chief Operating Officer shall prescribe the rates of

pay applicable to the members of the staff appointed under paragraph (1), except that— ‘‘(A) a staff member who is a member of the Armed Forces

on active duty or who is a full-time officer or employee of

the United States may not receive additional pay by reason

of service on the administrative staff; and ‘‘(B) the limitations in section 5373 of title 5, United States

Code, relating to pay set by administrative action, shall apply

to the rates of pay prescribed under this paragraph.

‘‘(f) ACCEPTANCE OF GIFTS.—(1) The Chief Operating Officer

may accept gifts of money, property, and facilities on behalf of

the Retirement Home.

‘‘(2) Monies received as gifts, or realized from the disposition

of property and facilities received as gifts, shall be deposited in

the Armed Forces Retirement Home Trust Fund.’’.

(b) TRANSFER OF AUTHORITIES.—(1) The following provisions

are amended by striking ‘‘Retirement Home Board’’ each place

it appears and inserting ‘‘Chief Operating Officer’’:

(A) Section 1512 (24 U.S.C. 412), relating to eligibility

and acceptance for residence in the Armed Forces Retirement

Home.

(B) Section 1513(a) (24 U.S.C. 412(a)), relating to services

provided to residents of the Armed Forces Retirement Home.

(C) Section 1518(c) (24 U.S.C. 418(c)), relating to inspection

of the Armed Forces Retirement Home.

(2) Section 1519(c) (24 U.S.C. 419(c)), relating to authority

to invest funds in the Armed Forces Retirement Home Trust Fund,

is amended by striking ‘‘Director’’ and inserting ‘‘Chief Operating

Officer’’.

(3) Section 1521(a) (24 U.S.C. 421(a)), relating to payment

of residents for services, is amended by striking ‘‘Chairman of

the Armed Forces Retirement Board’’ and inserting ‘‘Chief Operating Officer’’.

(4) Section 1522 (24 U.S.C. 422), relating to authority to accept

certain uncompensated services, is amended—

(A) in subsection (a)—

(i) by striking ‘‘Chairman of the Retirement Home

Board or the Director of each establishment’’ and inserting

‘‘Chief Operating Officer or the Director of a facility’’; and

(ii) by striking ‘‘unless’’ and all that follows through

‘‘Retirement Home Board’’;

(B) in subsection (b)(1)—

(i) by striking ‘‘Chairman of the Retirement Home

Board or the Director of the establishment’’ and inserting

‘‘Chief Operating Officer or the Director of a facility’’; and

(ii) by inserting ‘‘offering the services’’ after ‘‘notify

the person’’;

24 USC 413.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1261

(C) in subsection (b)(2), by striking ‘‘Chairman’’ and

inserting ‘‘Chief Operating Officer’’;

(D) in subsection (c), by striking ‘‘Chairman of the Retirement Home Board or the Director of an establishment’’ and

inserting ‘‘Chief Operating Officer or the Director of a facility’’;

and

(E) in subsection (e)— (i) by striking ‘‘Chairman of the Retirement Board

or the Director of the establishment’’ in the first sentence

and inserting ‘‘Chief Operating Officer or the Director of

a facility’’; and

(ii) by striking ‘‘Chairman’’ in the second sentence and

inserting ‘‘Chief Operating Officer’’. (5) Section 1523(b) (24 U.S.C. 423(b)), relating to preservation

of historic buildings and grounds at the Armed Forces Retirement

Home—Washington, is amended by striking ‘‘Chairman of the

Retirement Home Board’’ and inserting ‘‘Chief Operating Officer’’.

SEC. 1405. RESIDENTS OF RETIREMENT HOME.

(a) REPEAL OF REQUIREMENT OF RESIDENT TO REAPPLY AFTER

SUBSTANTIAL ABSENCE.—Subsection (e) of section 1512 (24 U.S.C.

412) is repealed.

(b) FEES PAID BY RESIDENTS.—Section 1514 (24 U.S.C. 414)

is amended to read as follows:

‘‘SEC. 1514. FEES PAID BY RESIDENTS.

‘‘(a) MONTHLY FEES.—The Director of each facility of the Retirement Home shall collect a monthly fee from each resident of that

facility. ‘‘(b) DEPOSIT OF FEES.—The Directors shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home

Trust Fund. ‘‘(c) FIXING FEES.—(1) The Chief Operating Officer, with the

approval of the Secretary of Defense, shall from time to time prescribe the fees required by subsection (a). Changes to such fees

shall be based on the financial needs of the Retirement Home

and the ability of the residents to pay. A change of a fee may

not take effect until 120 days after the Secretary of Defense transmits a notification of the change to the Committees on Armed

Services of the Senate and the House of Representatives. ‘‘(2) The fee shall be fixed as a percentage of the monthly

income and monthly payments (including Federal payments)

received by a resident. The percentage shall be the same for each

facility of the Retirement Home. The Secretary of Defense may

make any adjustment in a percentage that the Secretary determines

appropriate. ‘‘(3) The fee shall be subject to a limitation on maximum

monthly amount. The amount of the limitation shall be increased,

effective on January 1 of each year, by the percentage of the

increase in retired pay and retainer pay that takes effect on the

preceding December 1 under subsection (b) of section 1401a of

title 10, United States Code, without regard to paragraph (3) of

such subsection. The first increase in a limitation on maximum

monthly amount shall take effect on January 1, 2003.

‘‘(d) TRANSITIONAL FEE STRUCTURES.—(1) Until different fees

are prescribed and take effect under subsection (c), the percentages

and limitations on maximum monthly amount that are applicable

to fees charged residents of the Retirement Home are (subject

115 STAT. 1262 PUBLIC LAW 107–107—DEC. 28, 2001

to any adjustment that the Secretary of Defense determines appropriate) as follows: ‘‘(A) For months beginning before January 1, 2002— ‘‘(i) for a permanent health care resident, 65 percent

(without limitation on maximum monthly amount); and ‘‘(ii) for a resident who is not a permanent health

care resident, 40 percent (without limitation on maximum

monthly amount).

‘‘(B) For months beginning after December 31, 2001— ‘‘(i) for an independent living resident, 35 percent, but not to exceed $1,000 each month; ‘‘(ii) for an assisted living resident, 40 percent, but not to exceed $1,500 each month; and ‘‘(iii) for a long-term care resident, 65 percent, but not to exceed $2,500 each month. ‘‘(2) Notwithstanding the limitations on maximum monthly

amount prescribed under subsection (c) or set forth in paragraph

(1)(B), until the earlier of December 31, 2006, or the date on

which an independent living resident or assisted living resident

of the Armed Forces Retirement Home—Gulfport occupies a renovated room at that facility, as determined by the Secretary of

Defense, the limitation on maximum monthly amount applicable

to the resident for months beginning after December 31, 2001,

shall be—

‘‘(A) in the case of an independent living resident, $800;

and ‘‘(B) in the case of an assisted living resident, $1,300.’’.

SEC. 1406. LOCAL BOARDS OF TRUSTEES.

Section 1516 (24 U.S.C. 416) is amended to read as follows:

‘‘SEC. 1516. LOCAL BOARDS OF TRUSTEES.

‘‘(a) ESTABLISHMENT.—Each facility of the Retirement Home

shall have a Local Board of Trustees. ‘‘(b) DUTIES.—The Local Board for a facility shall serve in

an advisory capacity to the Director of the facility and to the

Chief Operating Officer. ‘‘(c) COMPOSITION.—(1) The Local Board for a facility shall

consist of at least 11 members who (except as otherwise specifically

provided) shall be appointed by the Secretary of Defense in consultation with each of the Secretaries of the military departments concerned. At least one member of the Local Board shall have a

perspective that is oriented toward the Retirement Home overall.

The Local Board for a facility shall consist of the following members: ‘‘(A) One member who is a civilian expert in nursing home

or retirement home administration and financing from the geographical area of the facility. ‘‘(B) One member who is a civilian expert in gerontology

from the geographical area of the facility.

‘‘(C) One member who is a service expert in financial

management.

‘‘(D) One representative of the Department of Veterans

Affairs regional office nearest in proximity to the facility, who

shall be designated by the Secretary of Veterans Affairs.

‘‘(E) One representative of the resident advisory committee

or council of the facility.

‘‘(F) One enlisted representative of the Services’ Retiree

Advisory Council.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1263

‘‘(G) The senior noncommissioned officer of one of the

Armed Forces. ‘‘(H) One senior representative of the military hospital

nearest in proximity to the facility.

‘‘(I) One senior judge advocate from one of the Armed

Forces.

‘‘(J) The Director of the facility, who shall be a nonvoting

member.

‘‘(K) One senior representative of one of the chief personnel

officers of the Armed Forces.

‘‘(L) Other members designated by the Secretary of Defense

(if the Local Board is to have more than 11 members).

‘‘(2) The Secretary of Defense shall designate one member of

a Local Board to serve as the chairman of the Local Board at

the pleasure of the Secretary of Defense.

‘‘(d) TERMS.—(1) Except as provided in subsections (e), (f), and

(g), the term of office of a member of a Local Board shall be

five years. ‘‘(2) Unless earlier terminated by the Secretary of Defense,

a person may continue to serve as a member of the Local Board

after the expiration of the member’s term until a successor is

appointed or designated, as the case may be. ‘‘(e) EARLY EXPIRATION OF TERM.—A member of a Local Board

who is a member of the Armed Forces or an employee of the

United States serves as a member of the Local Board only for

as long as the member is assigned to or serving in a position

for which the duties include the duty to serve as a member of

the Local Board.

‘‘(f) VACANCIES.—(1) A vacancy in the membership of a Local

Board shall be filled in the manner in which the original appointment or designation was made, as the case may be.

‘‘(2) A member appointed or designated to fill a vacancy occurring before the end of the term of the predecessor of the member

shall be appointed or designated, as the case may be, for the

remainder of the term for which the predecessor was appointed. ‘‘(3) A vacancy in a Local Board shall not affect its authority

to perform its duties.

‘‘(g) EARLY TERMINATION.—The Secretary of Defense may terminate the appointment of a member of a Local Board before the

expiration of the member’s term for any reason that the Secretary

determines appropriate.

‘‘(h) COMPENSATION.—(1) Except as provided in paragraph (2),

a member of a Local Board shall—

‘‘(A) be provided a stipend consistent with the daily government consultant fee for each day on which the member is

engaged in the performance of services for the Local Board;

and

‘‘(B) while away from home or regular place of business

in the performance of services for the Local Board, be allowed

travel expenses (including per diem in lieu of subsistence) in

the same manner as a person employed intermittently in

Government under sections 5701 through 5707 of title 5, United

States Code.

‘‘(2) A member of a Local Board who is a member of the

Armed Forces on active duty or a full-time officer or employee

of the United States shall receive no additional pay by reason

of serving as a member of a Local Board.’’.

115 STAT. 1264 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 1407. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS,

AND STAFF OF FACILITIES.

Section 1517 (24 U.S.C. 417) is amended to read as follows:

‘‘SEC. 1517. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS,

AND STAFF OF FACILITIES.

‘‘(a) APPOINTMENT.—The Secretary of Defense shall appoint

a Director, a Deputy Director, and an Associate Director for each

facility of the Retirement Home.

‘‘(b) DIRECTOR.—The Director of a facility shall—

‘‘(1) be a civilian with experience as a continuing care

retirement community professional or a member of the Armed

Forces serving on active duty in a grade below brigadier general

or, in the case of the Navy, rear admiral (lower half);

‘‘(2) have appropriate leadership and management skills;

and

‘‘(3) be required to pursue a course of study to receive

certification as a retirement facilities director by an appropriate

civilian certifying organization, if the Director is not so certified

at the time of appointment.

‘‘(c) DUTIES OF DIRECTOR.—(1) The Director of a facility shall

be responsible for the day-to-day operation of the facility, including

the acceptance of applicants to be residents of that facility.

‘‘(2) The Director of a facility shall keep accurate and complete

records of the facility.

‘‘(d) DEPUTY DIRECTOR.—(1) The Deputy Director of a facility

shall—

‘‘(A) be a civilian with experience as a continuing care

retirement community professional or a member of the Armed

Forces serving on active duty in a grade below colonel or,

in the case of the Navy, captain; and

‘‘(B) have appropriate leadership and management skills.

‘‘(2) The Deputy Director of a facility shall serve at the pleasure

of the Secretary of Defense.

‘‘(e) DUTIES OF DEPUTY DIRECTOR.—The Deputy Director of

a facility shall, under the authority, direction, and control of the

Director of the facility, perform such duties as the Director may

assign.

‘‘(f) ASSOCIATE DIRECTOR.—(1) The Associate Director of a

facility shall—

‘‘(A) be a member of the Armed Forces serving on active

duty in the grade of Sergeant Major, Master Chief Petty Officer,

or Chief Master Sergeant or a member or former member

retired in that grade; and

‘‘(B) have appropriate leadership and management skills.

‘‘(2) The Associate Director of a facility shall serve at the

pleasure of the Secretary of Defense.

‘‘(g) DUTIES OF ASSOCIATE DIRECTOR.—The Associate Director

of a facility shall, under the authority, direction, and control of

the Director and Deputy Director of the facility, serve as ombudsman for the residents and perform such other duties as the Director

may assign.

‘‘(h) STAFF.—(1) The Director of a facility may, subject to the

approval of the Chief Operating Officer, appoint and prescribe the

pay of such principal staff as the Director considers appropriate

to assist the Director in operating the facility.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1265

‘‘(2) The principal staff of a facility shall include persons with

experience and expertise in the operation and management of retirement homes and in the provision of long-term medical care for

older persons.

‘‘(i) ANNUAL EVALUATION OF DIRECTORS.—(1) The Chief Operating Officer shall evaluate the performance of each of the Directors

of the facilities of the Retirement Home each year. ‘‘(2) The Chief Operating Officer shall submit to the Secretary

of Defense any recommendations regarding a Director that the

Chief Operating Officer determines appropriate taking into consideration the annual evaluation.’’.

SEC. 1408. DISPOSITION OF EFFECTS OF DECEASED PERSONS AND

UNCLAIMED PROPERTY.

(a) LEGAL REPRESENTATION FOR RETIREMENT HOME.—Subsection (b)(2)(A) of section 1520 (24 U.S.C. 420) is amended by

inserting ‘‘who is a full-time officer or employee of the United

States or a member of the Armed Forces on active duty’’ after ‘‘may designate an attorney’’. (b) CORRECTION OF REFERENCE.—Subsection (b)(1)(B) of such

section is amended by inserting ‘‘Armed Forces’’ before ‘‘Retirement

Home Trust Fund’’.

SEC. 1409. TRANSITIONAL PROVISIONS.

Part B is amended by striking sections 1531, 1532, and 1533

and inserting the following new sections:

‘‘SEC. 1531. TEMPORARY CONTINUATION OF ARMED FORCES RETIREMENT HOME BOARD.

‘‘Until the Secretary of Defense appoints the first Chief Operating Officer after the enactment of the National Defense Authorization Act for Fiscal Year 2002, the Armed Forces Retirement Home

Board, as constituted on the day before the date of the enactment

of that Act, shall continue to serve and shall perform the duties

of the Chief Operating Officer.

‘‘SEC. 1532. DIRECTORS OF FACILITIES.

‘‘(a) ACTIVE DUTY OFFICERS.—During the three-year period

beginning on the date of the enactment of the National Defense

Authorization Act for Fiscal Year 2002, the Directors and Deputy

Directors of the facilities shall be members of the Armed Forces

serving on active duty, notwithstanding the authority in subsections

(b) and (d) of section 1517 for the Directors and Deputy Directors

to be civilians.

‘‘(b) TEMPORARY CONTINUATION OF DIRECTOR OF THE ARMED

FORCES RETIREMENT HOME—WASHINGTON.—The person serving as

the Director of the Armed Forces Retirement Home—Washington

on the day before the enactment of the National Defense Authorization Act for Fiscal Year 2002 may continue to serve as the Director

of that facility until April 2, 2002.

‘‘SEC. 1533. TEMPORARY CONTINUATION OF INCUMBENT DEPUTY

DIRECTORS.

‘‘A person serving as the Deputy Director of a facility of the

Retirement Home on the day before the enactment of the National

Defense Authorization Act for Fiscal Year 2002 may continue to

serve, at the pleasure of the Secretary of Defense, as the Deputy

Director until the date on which a Deputy Director is appointed

24 USC 433.

24 USC 432.

24 USC 431.

10 USC 2772

note; 24 USC

431.

115 STAT. 1266 PUBLIC LAW 107–107—DEC. 28, 2001

for that facility under section 1517, except that the service in

that position may not continue under this section after December

31, 2004.’’.

SEC. 1410. CONFORMING AND CLERICAL AMENDMENTS AND REPEALS

OF OBSOLETE PROVISIONS.

(a) CONFORMING AMENDMENTS.—(1) Section 1513(b) (24 U.S.C.

413(b)), relating to services provided to residents of the Armed

Forces Retirement Home, is amended by striking ‘‘maintained as

a separate establishment’’ in the second sentence.

(2) The heading for section 1519 (24 U.S.C. 419) is amended

to read as follows:

‘‘SEC. 1519. ARMED FORCES RETIREMENT HOME TRUST FUND.’’.

(3) Section 1520 (24 U.S.C. 420), relating to disposition of

effects of deceased persons and unclaimed property, is amended—

(A) in subsection (a), by striking ‘‘each facility that is

maintained as a separate establishment’’ and inserting ‘‘a

facility’’;

(B) in subsection (b)(2)(A), by striking ‘‘maintained as a

separate establishment’’; and

(C) in subsection (e), by striking ‘‘Directors’’ and inserting

‘‘Director of the facility’’.

(4)(A) Section 1523 (24 U.S.C. 423), relating to preservation

of historic buildings and grounds at the Armed Forces Retirement

Home—Washington, is amended by striking ‘‘United States Soldiers’

and Airmen’s Home’’ each place it appears and inserting ‘‘Armed

Forces Retirement Home—Washington’’.

(B) The heading for such section is amended to read as follows:

‘‘SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS

AT THE ARMED FORCES RETIREMENT HOME—WASHINGTON.’’.

(5) Section 1524 (24 U.S.C. 424), relating to conditional supervisory control of the Retirement Home Board, is repealed.

(b) REPEAL OF OBSOLETE PROVISIONS.—The following provisions

are repealed:

(1) Section 1512(f) (24 U.S.C. 412(f)), relating to the applicability of certain eligibility requirements.

(2) Section 1519(d) (24 U.S.C. 419(d)), relating to transitional accounts in the Armed Forces Retirement Home Trust

Fund.

(3) Part C, relating to effective date and authorization

of appropriations.

(c) ADDITION OF TABLE OF CONTENTS.—Section 1501 (24 U.S.C.

401 note) is amended— (1) by inserting ‘‘(a) SHORT TITLE.—’’ before ‘‘This title’’;

and

(2) by adding at the end the following new subsection: ‘‘(b) TABLE OF CONTENTS.—The table of contents for this title

is as follows:

‘‘Sec. 1501. Short title; table of contents.

‘‘Sec. 1502. Definitions.

‘‘PART A—ESTABLISHMENT AND OPERATION OF RETIREMENT HOME

‘‘Sec. 1511. Establishment of the Armed Forces Retirement Home.

‘‘Sec. 1512. Residents of Retirement Home.

‘‘Sec. 1513. Services provided residents.

‘‘Sec. 1514. Fees paid by residents.

24 USC 401 note,

441.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1267

‘‘Sec. 1515. Chief Operating Officer.

‘‘Sec. 1516. Local Boards of Trustees.

‘‘Sec. 1517. Directors, Deputy Directors, Associate Directors, and staff of facilities.

‘‘Sec. 1518. Inspection of Retirement Home.

‘‘Sec. 1519. Armed Forces Retirement Home Trust Fund.

‘‘Sec. 1520. Disposition of effects of deceased persons; unclaimed property.

‘‘Sec. 1521. Payment of residents for services.

‘‘Sec. 1522. Authority to accept certain uncompensated services.

‘‘Sec. 1523. Preservation of historic buildings and grounds at the Armed Forces Retirement Home—Washington.

‘‘PART B—TRANSITIONAL PROVISIONS

‘‘Sec. 1531. Temporary Continuation of Armed Forces Retirement Home Board.

‘‘Sec. 1532. Directors of Facilities.

‘‘Sec. 1533. Temporary Continuation of Incumbent Deputy Directors.’’.

TITLE XV—ACTIVITIES RELATING TO

COMBATING TERRORISM

Subtitle A—Increased Funding for Combating Terrorism

Sec. 1501. Definitions.

Sec. 1502. Authorization of emergency appropriations for fiscal year 2001 made by

Public Law 107–38 and allocated for national defense functions.

Sec. 1503. Authorization of emergency supplemental appropriations for fiscal year

2002.

Sec. 1504. Authorization of use of funds for military construction projects.

Sec. 1505. Treatment of transferred amounts.

Sec. 1506. Quarterly reports.

Subtitle B—Policy Matters Relating to Combating Terrorism

Sec. 1511. Study and report on the role of the Department of Defense with respect

to homeland security.

Sec. 1512. Combating Terrorism Readiness Initiatives Fund for combatant commands.

Sec. 1513. Conveyances of equipment and related materials loaned to State and

local governments as assistance for emergency response to a use or

threatened use of a weapon of mass destruction.

Sec. 1514. Two-year extension of advisory panel to assess domestic response capabilities for terrorism involving weapons of mass destruction.

Subtitle A—Increased Funding for

Combating Terrorism

SEC. 1501. DEFINITIONS.

For purposes of this subtitle:

(1) The term ‘‘ETR Supplemental Appropriations Act, 2001’’

means the 2001 Emergency Supplemental Appropriations Act

for Recovery from and Response to Terrorist Attacks on the

United States (Public Law 107–38).

(2) The term ‘‘Emergency Supplemental Appropriations Act,

2002’’ means an Act (or a portion of an Act) making available

for obligation emergency appropriations that were provided,

subject to enactment in a subsequent appropriation Act, in

the ETR Supplemental Appropriations Act, 2001.

SEC. 1502. AUTHORIZATION OF EMERGENCY APPROPRIATIONS FOR

FISCAL YEAR 2001 MADE BY PUBLIC LAW 107–38 AND ALLOCATED FOR NATIONAL DEFENSE FUNCTIONS.

(a) ADJUSTMENT IN AUTHORIZATION AMOUNTS.—(1) Subject to

paragraph (2), amounts authorized to be appropriated for fiscal

year 2001 in the Floyd D. Spence National Defense Authorization

115 STAT. 1268 PUBLIC LAW 107–107—DEC. 28, 2001

Act for Fiscal Year 2001 (as enacted into law by Public Law 106–

398) are hereby increased, with respect to any such authorized

amount, by the amount (if any) by which appropriations pursuant

to such authorization are increased by amounts appropriated in

the ETR Supplemental Appropriations Act, 2001, and transferred

by the President (before the date of the enactment of this Act)

to the Department of Defense or the National Nuclear Security

Administration and subsequently allocated to such appropriations.

(2) Authorization amounts may not be increased under paragraph (1) in excess of amounts derived from allocation of the

amounts specified in subsection (b), for the Department of Defense,

and in subsection (c), for the National Nuclear Security Administration.

(b) DEPARTMENT OF DEFENSE.—Amounts referred to in subsection (a)(2) for the Department of Defense are amounts for emergency expenses to respond to the terrorist attacks on the United

States that occurred on September 11, 2001, allocated to the Department of Defense for fiscal year 2001 for the use of the Armed

Forces and other activities and agencies of the Department of

Defense, including the purposes stated in section 1504, in the

total amount of $13,741,000,000, as follows:

(1) INCREASED SITUATIONAL AWARENESS.—For Increased

Situational Awareness, $4,272,000,000.

(2) ENHANCED FORCE PROTECTION.—For Enhanced Force

Protection, $1,509,000,000.

(3) IMPROVED COMMAND AND CONTROL.—For Improved

Command and Control, $1,403,000,000.

(4) INCREASED WORLDWIDE POSTURE.—For Increased Worldwide Posture, $3,603,000,000.

(5) OFFENSIVE COUNTERTERRORISM.—For Offensive Counterterrorism, $1,459,000,000.

(6) INITIAL CRISIS RESPONSE.—For Initial Crisis Response,

$637,000,000.

(7) PENTAGON REPAIR AND UPGRADE.—For Pentagon Repair

and Upgrade Activities, $530,000,000.

(8) FUEL COSTS.—For increased fuel costs, $100,000,000.

(9) AIRPORT AND BORDER SECURITY.—For airport and border

security, $228,000,000.

(c) NNSA.—The amount referred to in subsection (a)(2) for

the National Nuclear Security Administration is the amount of

$5,000,000 for emergency expenses to respond to the terrorist

attacks on the United States that occurred on September 11, 2001,

allocated for fiscal year 2001 atomic energy defense activities of

the National Nuclear Security Administration for weapons activities.

(d) TREATMENT AS ADDITIONAL AUTHORIZATIONS.—The amounts

authorized to be appropriated by this section are in addition to

amounts otherwise authorized to be appropriated by the Floyd

D. Spence National Defense Authorization Act for Fiscal Year 2001

(as enacted into law by Public Law 106–398) or any other Act,

for fiscal year 2001 for the use of the Armed Forces and other

activities and agencies of the Department of Defense and for the

use of the National Nuclear Security Administration.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1269

SEC. 1503. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2002.

(a) DEPARTMENT OF DEFENSE.—For emergency expenses to

respond to the September 11, 2001, terrorist attacks on the United

States, funds are hereby authorized to be appropriated to the

Defense Emergency Response Fund for fiscal year 2002 for the

use of the Armed Forces and other activities and agencies of the

Department of Defense, including the purposes stated in section

1504, in the total amount of $7,349,000,000, as follows:

(1) INCREASED SITUATIONAL AWARENESS.—For Increased

Situational Awareness, $1,735,000,000.

(2) ENHANCED FORCE PROTECTION.—For Enhanced Force

Protection, $881,000,000.

(3) IMPROVED COMMAND AND CONTROL.—For Improved Command and Control, $219,000,000.

(4) INCREASED WORLDWIDE POSTURE.—For Increased Worldwide Posture, $2,938,000,000.

(5) OFFENSIVE COUNTERTERRORISM.—For Offensive Counterterrorism, $545,000,000.

(6) INITIAL CRISIS RESPONSE.—For Initial Crisis Response, $106,000,000.

(7) PENTAGON REPAIR AND UPGRADE.—For Pentagon Repair

and Upgrade Activities, $925,000,000.

(b) NNSA.—For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States and for

other expenses to increase the security of the Nation’s nuclear

weapons complex, funds are hereby authorized to be appropriated

for fiscal year 2002 for the atomic energy defense activities of

the National Nuclear Security Administration in the amount of

$106,000,000, to be available for weapons activities.

(c) DEPARTMENT OF ENERGY.—For emergency expenses to

respond to the September 11, 2001, terrorist attacks on the United

States, funds are hereby authorized to be appropriated for fiscal

year 2002 to the Department of Energy in the total amount of

$11,700,000, as follows:

(1) For Defense Environmental Restoration and Waste

Management, $8,200,000.

(2) For Other Defense Activities, $3,500,000.

(d) TRANSFER OF DEFENSE FUNDS.—In order to carry out the

specified purposes in subsection (a), the Secretary of Defense may

transfer amounts authorized by subsection (a) from the Defense

Emergency Response Fund to any other defense appropriations

account, including the account ‘‘Support for International Sporting

Events, Defense’’ and any military construction account as provided

in section 1504.

(e) AVAILABILITY.—Amounts appropriated pursuant to

authorizations in this section may remain available until expended,

if so provided in appropriations Acts.

(f) SOURCE OF FUNDS.—Amounts appropriated pursuant to

authorizations in this section shall be derived from amounts provided, subject to subsequent appropriation, in the ETR Supplemental Appropriations Act, 2001.

(g) TREATMENT AS ADDITIONAL AUTHORIZATIONS.—The amounts

authorized to be appropriated by this section are in addition to

amounts otherwise authorized to be appropriated, by the other

provisions of this Act or by any other Act, for fiscal year 2001

for the use of the Armed Forces and other activities and agencies

115 STAT. 1270 PUBLIC LAW 107–107—DEC. 28, 2001

of the Department of Defense and for the use of the National

Nuclear Security Administration.

SEC. 1504. AUTHORIZATION OF USE OF FUNDS FOR MILITARY

CONSTRUCTION PROJECTS.

(a) AUTHORITY FOR USE OF FUNDS.—Qualified emergency

defense appropriations may be used to acquire real property and

carry out military construction projects not otherwise authorized

by law that the Secretary of Defense determines are necessary

to respond to or protect against acts or threatened acts of terrorism

or to respond to the terrorist attacks on the United States that

occurred on September 11, 2001.

(b) PROJECT AUTHORIZATION.—Any project with respect to which

the Secretary makes a determination under subsection (a) and

that is to be carried out using qualified emergency defense appropriations is hereby authorized for purposes of section 2802 of title

10, United States Code.

(c) QUALIFIED EMERGENCY DEFENSE APPROPRIATIONS.—For purposes of this subsection, the term ‘‘qualified emergency defense

appropriations’’ means emergency appropriations available to the

Department of Defense that are authorized by section 1502 or

1503.

SEC. 1505. TREATMENT OF TRANSFERRED AMOUNTS.

Amounts transferred under authority of section 1502 or 1503

shall be merged with, and shall be available for the same purposes

and for the same time period as, the accounts to which transferred.

The transfer authority under those sections is in addition to the

transfer authority provided by section 1001 or any other provision

of law.

SEC. 1506. QUARTERLY REPORTS.

(a) QUARTERLY REPORT.—Promptly after the end of each quarter

of a fiscal year, the Secretary of Defense and the Director of Central

Intelligence shall each submit to the congressional defense committees a report (in classified and unclassified form, as needed) on

the use of funds authorized by this subtitle. Each such report

shall, at a minimum, specify the following:

(1) Any balance of funds remaining in the Defense Emergency Response Fund as of the end of the quarter covered

by the report.

(2) The accounts to which funds have been transferred

or are to be transferred and the amount of each such transfer.

(3) Within such accounts, each project to which any such

funds have been transferred or are to be transferred and the

amount of funds obligated and the amount expended for each

such project as of the end of the quarter covered by the report.

(b) INITIAL REPORT.—The first report under subsection (a) shall

be submitted not later than January 2, 2002.

(c) FINAL REPORT.—No further report under subsection (a) is

required after all funds made available to the Department of

Defense pursuant to such Act have been obligated.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1271

Subtitle B—Policy Matters Relating to

Combating Terrorism

SEC. 1511. STUDY AND REPORT ON THE ROLE OF THE DEPARTMENT

OF DEFENSE WITH RESPECT TO HOMELAND SECURITY.

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct

a study on the appropriate role of the Department of Defense

with respect to homeland security. The study shall identify and

describe the policies, plans, and procedures of the Department

of Defense for combating terrorism, including for the provision

of support for the consequence management activities of other Federal, State, and local agencies. The study shall specifically identify

the following:

(1) The strategy, roles, and responsibilities of the Department of Defense for combating terrorism.

(2) How the Department of Defense will interact with the

Office of Homeland Security and how intelligence sharing

efforts of the Department of Defense will be organized relative

to other Federal agencies and departments and State and local

governments.

(3) The ability of the Department of Defense to protect

the United States from airborne threats, including threats originating from within the borders of the United States.

(4) Improvements that could be made to enhance the security of the people of the United States against terrorist threats

and recommended actions (including legislative action) and programs to address and overcome existing vulnerabilities.

(5) The policies, plans, and procedures relating to how

the civilian official in the Department of Defense responsible

for combating terrorism and the Joint Task Force Civil Support

of the Joint Forces Command will coordinate the performance

of functions for combating terrorism with—

(A) teams in the Department of Defense that have

responsibilities for responding to acts or threats of terrorism, including—

(i) weapons of mass destruction civil support teams

when operating as the National Guard under the command of the Governor of a State, the Governor of

Puerto Rico, or the Commanding General of the District

of Columbia National Guard;

(ii) weapons of mass destruction civil support

teams when operating as the Army National Guard

of the United States or the Air National Guard of

the United States under the command of the President;

(iii) teams in the departments and agencies of

the Federal Government other than the Department

of Defense that have responsibilities for responding

to acts or threats of terrorism;

(iv) organizations outside the Federal Government,

including any State, local and private entities, that

function as first responders to acts or threats of terrorism; and

(v) units and organizations of the Reserve Components of the Armed Forces that have missions relating

to combating terrorism;

115 STAT. 1272 PUBLIC LAW 107–107—DEC. 28, 2001

(B) the Director of Military Support of the Department

of the Army;

(C) any preparedness plans to combat terrorism that

are developed for installations of the Department of

Defense by the commanders of the installations and the

integration of those plans with the plans of the teams

and organizations described in subparagraph (A);

(D) the policies, plans and procedures for using and

coordinating the integrated vulnerability assessment teams

of the Joint Staff inside and outside the United States;

and

(E) the missions of Fort Leonard Wood and other

installations for training units, weapons of mass destruction civil support teams and other teams, and individuals

in combating terrorism.

(6) The appropriate number and missions of the teams

referred to in paragraph (5)(A)(i).

(7) How the Department of Defense Weapons of Mass

Destruction Civil Support Teams should interact with the Federal Bureau of Investigation and the Federal Emergency

Management Agency during crisis response and consequence

management situations.

(b) REPORT.—Not later than 180 days after the date of the

enactment of this Act, the Secretary shall submit to Congress

a report including the findings of the study conducted under subsection (a).

SEC. 1512. COMBATING TERRORISM READINESS INITIATIVES FUND

FOR COMBATANT COMMANDS.

(a) FUNDING FOR INITIATIVES.—Chapter 6 of title 10, United

States Code, is amended by inserting after section 166a the following new section:

‘‘§ 166b. Combatant commands: funding for combating terrorism readiness initiatives

‘‘(a) COMBATING TERRORISM READINESS INITIATIVES FUND.—

From funds made available in any fiscal year for the budget account

in the Department of Defense known as the ‘Combating Terrorism

Readiness Initiatives Fund’, the Chairman of the Joint Chiefs of

Staff may provide funds to the commander of a combatant command, upon the request of the commander, or, with respect to

a geographic area or areas not within the area of responsibility

of a commander of a combatant command, to an officer designated

by the Chairman of the Joint Chiefs of Staff for such purpose.

The Chairman may provide such funds for initiating any activity

named in subsection (b) and for maintaining and sustaining the

activity for the fiscal year in which initiated and one additional

fiscal year.

‘‘(b) AUTHORIZED ACTIVITIES.—Activities for which funds may

be provided under subsection (a) are the following:

‘‘(1) Procurement and maintenance of physical security

equipment.

‘‘(2) Improvement of physical security sites.

‘‘(3) Under extraordinary circumstances—

‘‘(A) physical security management planning;

‘‘(B) procurement and support of security forces and

security technicians;

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1273

‘‘(C) security reviews and investigations and vulnerability assessments; and ‘‘(D) any other activity relating to physical security. ‘‘(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in

considering requests for funds in the Combating Terrorism Readiness Initiatives Fund, should give priority consideration to emergency or emergent unforeseen high-priority requirements for combating terrorism. ‘‘(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided

by the Chairman of the Joint Chiefs of Staff for a fiscal year

out of the Combating Terrorism Readiness Initiatives Fund for

an activity referred to in subsection (b) shall be in addition to

amounts otherwise available for that activity for that fiscal year. ‘‘(e) LIMITATION.—Funds may not be provided under this section

for any activity that has been denied authorization by Congress.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating

to section 166a the following new item:

‘‘166b. Combatant commands: funding for combating terrorism readiness initiatives.’’.

SEC. 1513. CONVEYANCES OF EQUIPMENT AND RELATED MATERIALS

LOANED TO STATE AND LOCAL GOVERNMENTS AS ASSISTANCE FOR EMERGENCY RESPONSE TO A USE OR THREATENED USE OF A WEAPON OF MASS DESTRUCTION.

Section 1412(e) of the Defense Against Weapons of Mass

Destruction Act of 1996 (title XIV of Public Law 104–201; 110

Stat. 2718; 50 U.S.C. 2312(e)) is amended by adding at the end

the following new paragraph: ‘‘(5) A conveyance of ownership of United States property

to a State or local government, without cost and without regard

to subsection (f) and title II of the Federal Property and

Administrative Services Act of 1949 (or any other provision

of law relating to the disposal of property of the United States),

if the property is equipment, or equipment and related materials, that is in the possession of the State or local government

on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002 pursuant to a loan of the property

as assistance under this section.’’.

SEC. 1514. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS

DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM

INVOLVING WEAPONS OF MASS DESTRUCTION.

(a) EXTENSION OF ADVISORY PANEL.—Section 1405 of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

(50 U.S.C. 2301 note) is amended—

(1) in subsection (h)(2), by striking ‘‘2001’’ and inserting

‘‘2003’’; and

(2) in subsection (l), by striking ‘‘three years’’ and inserting

‘‘five years’’.

(b) PAY AND EXPENSES OF MEMBERS.—(1) Subsection (k) of

such section is amended to read as follows:

‘‘(k) COMPENSATION OF PANEL MEMBERS.—The provisions of

paragraph (4) of section 591(c) of the Foreign Operations, Export

Financing, and Related Programs Appropriations Act, 1999 (as contained in section 101(d) of division A of the Omnibus Consolidated

and Emergency Supplemental Appropriations Act, 1999 (Public Law

105–277; 112 Stat. 2681–212)), shall apply to members of the panel

115 STAT. 1274 PUBLIC LAW 107–107—DEC. 28, 2001

in the same manner as to members of the National Commission

on Terrorism under that paragraph.’’. (2) The amendment made by paragraph (1) shall apply with

respect to periods of service on the advisory panel under section

1405 of the Strom Thurmond National Defense Authorization Act

for Fiscal Year 1999 on or after the date of the enactment of

this Act.

TITLE XVI—UNIFORMED SERVICES

VOTING

Sec. 1601. Sense of Congress regarding the importance of voting.

Sec. 1602. Voting assistance programs.

Sec. 1603. Guarantee of residency for military personnel.

Sec. 1604. Electronic voting demonstration project.

Sec. 1605. Governors’ reports on implementation of recommendations for changes

in State law made under Federal Voting Assistance Program.

Sec. 1606. Simplification of voter registration and absentee ballot application procedures for absent uniformed services and overseas voters.

Sec. 1607. Use of certain Department of Defense facilities as polling places.

SEC. 1601. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF

VOTING.

(a) SENSE OF CONGRESS.—It is the sense of Congress that

each person who is an administrator of a Federal, State, or local

election—

(1) should be aware of the importance of the ability of

each uniformed services voter to exercise the right to vote;

and

(2) should perform that person’s duties as an election

administrator with the intent to ensure that—

(A) each uniformed services voter receives the utmost

consideration and cooperation when voting;

(B) each valid ballot cast by such a voter is duly

counted; and

(C) all eligible American voters, regardless of race,

ethnicity, disability, the language they speak, or the

resources of the community in which they live, should

have an equal opportunity to cast a vote and to have

that vote counted.

(b) UNIFORMED SERVICES VOTER DEFINED.—In this section, the

term ‘‘uniformed services voter’’ means— (1) a member of a uniformed service (as defined in section

101(a)(5) of title 10, United States Code) in active service;

(2) a member of the merchant marine (as defined in section

107 of the Uniformed and Overseas Citizens Absentee Voting

Act (42 U.S.C. 1973ff–6)); and

(3) a spouse or dependent of a member referred to in

paragraph (1) or (2) who is qualified to vote.

SEC. 1602. VOTING ASSISTANCE PROGRAMS.

(a) IN GENERAL.—(1) Chapter 80 of title 10, United States

Code, is amended by adding at the end the following new section:

‘‘§ 1566. Voting assistance: compliance assessments; assistance

‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe

regulations to require that the Army, Navy, Air Force, and Marine

42 USC 1973ff

note.

50 USC 2301

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1275

Corps ensure their compliance with any directives issued by the

Secretary of Defense in implementing any voting assistance program. ‘‘(b) VOTING ASSISTANCE PROGRAMS DEFINED.—In this section,

the term ‘voting assistance programs’ means— ‘‘(1) the Federal Voting Assistance Program carried out

under the Uniformed and Overseas Citizens Absentee Voting

Act (42 U.S.C. 1973ff et seq.); and ‘‘(2) any similar program. ‘‘(c) ANNUAL EFFECTIVENESS AND COMPLIANCE REVIEWS.—(1)

The Inspector General of each of the Army, Navy, Air Force, and

Marine Corps shall conduct— ‘‘(A) an annual review of the effectiveness of voting assistance programs; and ‘‘(B) an annual review of the compliance with voting assistance programs of that armed force.

‘‘(2) Upon the completion of each annual review under paragraph (1), each Inspector General specified in that paragraph shall

submit to the Inspector General of the Department of Defense

a report on the results of each such review. Such report shall

be submitted in time each year to be reflected in the report of

the Inspector General of the Department of Defense under paragraph (3). ‘‘(3) Not later than March 31 each year, the Inspector General

of the Department of Defense shall submit to Congress a report

on— ‘‘(A) the effectiveness during the preceding calendar year

of voting assistance programs; and

‘‘(B) the level of compliance during the preceding calendar

year with voting assistance programs of each of the Army,

Navy, Air Force, and Marine Corps.

‘‘(d) INSPECTOR GENERAL ASSESSMENTS.—(1) The Inspector General of the Department of Defense shall periodically conduct at

Department of Defense installations unannounced assessments of

the compliance at those installations with— ‘‘(A) the requirements of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.);

‘‘(B) Department of Defense regulations regarding that Act

and the Federal Voting Assistance Program carried out under

that Act; and

‘‘(C) other requirements of law regarding voting by members of the armed forces.

‘‘(2) The Inspector General shall conduct an assessment under

paragraph (1) at not less than 10 Department of Defense installations each calendar year.

‘‘(3) Each assessment under paragraph (1) shall include a review

of such compliance—

‘‘(A) within units to which are assigned, in the aggregate,

not less than 20 percent of the personnel assigned to duty

at that installation;

‘‘(B) within a representative survey of members of the

armed forces assigned to that installation and their dependents;

and

‘‘(C) within unit voting assistance officers to measure program effectiveness.

‘‘(e) REGULAR MILITARY DEPARTMENT ASSESSMENTS.—The Secretary of each military department shall include in the set of

Deadline.

Reports.

115 STAT. 1276 PUBLIC LAW 107–107—DEC. 28, 2001

issues and programs to be reviewed during any management

effectiveness review or inspection at the installation level an assessment of compliance with the Uniformed and Overseas Citizens

Absentee Voting Act (42 U.S.C. 1973ff et seq.) and with Department

of Defense regulations regarding the Federal Voting Assistance

Program.

‘‘(f) VOTING ASSISTANCE OFFICERS.—Voting assistance officers

shall be appointed or assigned under Department of Defense regulations. Commanders at all levels are responsible for ensuring that

unit voting officers are trained and equipped to provide information

and assistance to members of the armed forces on voting matters.

Performance evaluation reports pertaining to a member who has

been assigned to serve as a voting assistance officer shall comment

on the performance of the member as a voting assistance officer. ‘‘(g) DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL

ELECTIONS.—(1) During the four months preceding a general Federal election month, the Secretary of Defense shall periodically

conduct surveys of all overseas locations and vessels at sea with

military units responsible for collecting mail for return shipment

to the United States and all port facilities in the United States

and overseas where military-related mail is collected for shipment

to overseas locations or to the United States. The purpose of each

survey shall be to determine if voting materials are awaiting shipment at any such location and, if so, the length of time that

such materials have been held at that location. During the fourth

and third months before a general Federal election month, such

surveys shall be conducted biweekly. During the second and first

months before a general Federal election month, such surveys shall

be conducted weekly.

‘‘(2) The Secretary shall ensure that voting materials are transmitted expeditiously by military postal authorities at all times.

‘‘(3) In this section, the term ‘general Federal election month’

means November in an even-numbered year.’’.

(2) The table of sections at the beginning of such chapter

is amended by adding at the end the following new item:

‘‘1566. Voting assistance: compliance assessments; assistance.’’.

(b) INITIAL REPORT.—The first report under section 1566(c)(3)

of title 10, United States Code, as added by subsection (a), shall

be submitted not later than March 31, 2003.

SEC. 1603. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL.

Article VII of the Soldiers’ and Sailors’ Civil Relief Act of

1940 (50 U.S.C. App. 590 et seq.) is amended by adding at the

end the following:

‘‘SEC. 704. (a) For purposes of voting for any Federal office

(as defined in section 301 of the Federal Election Campaign Act

of 1971 (2 U.S.C. 431)) or a State or local office, a person who

is absent from a State in compliance with military or naval orders

shall not, solely by reason of that absence—

‘‘(1) be deemed to have lost a residence or domicile in

that State, without regard to whether or not the person intends

to return to that State;

‘‘(2) be deemed to have acquired a residence or domicile

in any other State; or

‘‘(3) be deemed to have become a resident in or a resident

of any other State.

50 USC app. 594.

Deadline.

10 USC 1566

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1277

‘‘(b) In this section, the term ‘State’ includes a territory or

possession of the United States, a political subdivision of a State,

territory, or possession, and the District of Columbia.’’.

SEC. 1604. ELECTRONIC VOTING DEMONSTRATION PROJECT.

(a) ESTABLISHMENT OF DEMONSTRATION PROJECT.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary

of Defense shall carry out a demonstration project under which

absent uniformed services voters are permitted to cast ballots

in the regularly scheduled general election for Federal office

for November 2002 through an electronic voting system. The

project shall be carried out with participation of sufficient numbers of absent uniformed services voters so that the results

are statistically relevant.

(2) AUTHORITY TO DELAY IMPLEMENTATION.—If the Secretary of Defense determines that the implementation of the

demonstration project under paragraph (1) with respect to the

regularly scheduled general election for Federal office for

November 2002 may adversely affect the national security of

the United States, the Secretary may delay the implementation

of such demonstration project until the regularly scheduled

general election for Federal office for November 2004. The

Secretary shall notify the Committee on Armed Services and

the Committee on Rules and Administration of the Senate

and the Committee on Armed Services and the Committee

on House Administration of the House of Representatives of

any decision to delay implementation of the demonstration

project.

(b) COORDINATION WITH STATE ELECTION OFFICIALS.—The Secretary shall carry out the demonstration project under this section

through cooperative agreements with State election officials of

States that agree to participate in the project.

(c) REPORT TO CONGRESS.—Not later than June 1 of the year

following the year in which the demonstration project is conducted

under this section, the Secretary of Defense shall submit to Congress a report analyzing the demonstration project. The Secretary

shall include in the report any recommendations the Secretary

considers appropriate for continuing the project on an expanded

basis for absent uniformed services voters during the next regularly

scheduled general election for Federal office.

(d) DEFINITIONS.—In this section:

(1) ABSENT UNIFORMED SERVICES VOTER.—The term ‘‘absent

uniformed services voter’’ has the meaning given that term

in section 107(1) of the Uniformed and Overseas Citizens

Absentee Voting Act (42 U.S.C. 1973ff–6(1)).

(2) STATE.—The term ‘‘State’’ includes the District of

Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin

Islands, and American Samoa.

SEC. 1605. GOVERNORS’ REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS FOR CHANGES IN STATE LAW MADE

UNDER FEDERAL VOTING ASSISTANCE PROGRAM.

(a) REPORTS.—(1) Whenever a State receives a uniformed services voting assistance legislative recommendation from the Secretary of Defense, acting as the Presidential designee, the chief

executive authority of that State shall, not later than 90 days

after receipt of that recommendation, provide a report on the status

of implementation of that recommendation by that State.

42 USC 1973ff

note.

Deadline.

42 USC 1973ff

note.

115 STAT. 1278 PUBLIC LAW 107–107—DEC. 28, 2001

(2) If a legislative recommendation referred to in paragraph

(1) has been implemented, in whole or in part, by a State, the

report of the chief executive authority of that State under that

paragraph with respect to that recommendation shall include a

description of the changes made to State law to implement the

recommendation. If the recommendation has not been implemented,

the report shall include a statement of the status of the recommendation before the State legislature and a statement of any

recommendation the chief executive officer has made or intends

to make to the legislature with respect to that recommendation.

(3) Any report under paragraph (1) shall be transmitted to

the Secretary of Defense, acting as the Presidential designee. The

Secretary shall transmit a copy of the response to each Member

of Congress who represents that State.

(b) PERIOD OF APPLICABILITY.—This section applies with respect

to any uniformed services voting assistance legislative recommendation transmitted to a State by the Secretary of Defense, acting

as the Presidential designee, during the three-year period beginning

on the date of the enactment of this Act.

(c) DEFINITIONS.—In this section:

(1) The term ‘‘uniformed services voting assistance legislative recommendation’’ means a recommendation of the Presidential designee for a modification in the laws of a State

for the purpose of improving the access to the polls of absent

uniformed services voters and overseas voters.

(2) The term ‘‘Presidential designee’’ means the head of

the executive department designated by the President under

section 101(a) of the Uniformed and Overseas Citizens Absentee

Voting Act (42 U.S.C. 1973ff(a)).

(3) The term ‘‘State’’ includes the District of Columbia,

the Commonwealth of Puerto Rico, Guam, the Virgin Islands,

and American Samoa.

(4) The term ‘‘Member of Congress’’ includes a Delegate

or Resident Commissioner to the Congress.

SEC. 1606. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE

BALLOT APPLICATION PROCEDURES FOR ABSENT UNIFORMED SERVICES AND OVERSEAS VOTERS.

(a) REQUIREMENT FOR STATES TO ACCEPT OFFICIAL FORM FOR

SIMULTANEOUS VOTER REGISTRATION AND ABSENTEE BALLOT

APPLICATION.—

(1) IN GENERAL.—Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is

amended—

(A) in paragraph (2)—

(i) by striking ‘‘general, special, primary, or runoff’’;

(ii) by inserting ‘‘and absentee ballot application’’

after ‘‘voter registration application’’;

(iii) by striking ‘‘and’’ after the semicolon at the

end;

(B) by striking the period at the end of paragraph

(3) and inserting ‘‘; and’’; and

(C) by adding at the end the following new paragraph:

‘‘(4) use the official post card form (prescribed under section

101) for simultaneous voter registration application and

absentee ballot application.’’.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1279

(2) CONFORMING AMENDMENT.—Section 101(b)(2) of such

Act (42 U.S.C. 1973ff(b)(2)) is amended by striking ‘‘as recommended in section 104’’ and inserting ‘‘as required under

section 102(4)’’.

(b) USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELEC- TIONS.—Section 104 of such Act (42 U.S.C. 1973ff–3) is amended

to read as follows:

‘‘SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS.

‘‘(a) IN GENERAL.—If a State accepts and processes an official

post card form (prescribed under section 101) submitted by an

absent uniformed services voter or overseas voter for simultaneous

voter registration and absentee ballot application (in accordance

with section 102(a)(4)) and the voter requests that the application

be considered an application for an absentee ballot for each subsequent election for Federal office held in the State during that

year, the State shall provide an absentee ballot to the voter for

each subsequent election for Federal office held in the State during

that year. ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRATION.—Subsection (a) shall not apply with respect to a voter registered to

vote in a State for any election held after the voter notifies the

State that the voter no longer wishes to be registered to vote

in the State or after the State determines that the voter has

registered to vote in another State.

‘‘(c) REVISION OF OFFICIAL POST CARD FORM.—The Presidential

designee shall revise the official post card form (prescribed under

section 101) to enable a voter using the form to—

‘‘(1) request an absentee ballot for each election for Federal

office held in a State during a year; or

‘‘(2) request an absentee ballot for only the next scheduled

election for Federal office held in a State.

‘‘(d) NO EFFECT ON VOTER REMOVAL PROGRAMS.—Nothing in

this section may be construed to prevent a State from removing

any voter from the rolls of registered voters in the State under

any program or method permitted under section 8 of the National

Voter Registration Act of 1993.’’.

SEC. 1607. USE OF CERTAIN DEPARTMENT OF DEFENSE FACILITIES

AS POLLING PLACES.

(a) USE OF MILITARY FACILITIES.—Section 2670 of title 10,

United States Code, is amended by adding at the end the following

new subsection:

‘‘(b) USE OF CERTAIN FACILITIES AS POLLING PLACES.—(1) Notwithstanding chapter 29 of title 18 (including sections 592 and

593 of such title) or any other provision of law, the Secretary

of Defense or Secretary of a military department may not (except

as provided in paragraph (3)) prohibit the designation or use of

a qualifying facility under the jurisdiction of the Secretary as an

official polling place for local, State, or Federal elections. ‘‘(2) A Department of Defense facility is a qualifying facility

for purposes of this subsection if as of December 31, 2000—

‘‘(A) the facility is designated as an official polling place

by a State or local election official; or

‘‘(B) the facility has been used as such an official polling

place since January 1, 1996.

115 STAT. 1280 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(3) The limitation in paragraph (1) may be waived by the

Secretary of Defense or Secretary of the military department concerned with respect to a particular Department of Defense facility

if the Secretary of Defense or Secretary concerned determines that

local security conditions require prohibition of the designation or

use of that facility as an official polling place for any election.’’.

(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) Such section

is further amended—

(A) by striking ‘‘Under’’ and inserting ‘‘(a) USE BY RED

CROSS.—Under’’; and

(B) by striking ‘‘this section’’ and inserting ‘‘this subsection’’.

(2) The heading of such section is amended to read as follows:

‘‘§ 2670. Military installations: use by American National Red

Cross; use as polling places’’.

(3) The item relating to such section in the table of sections

at the beginning of chapter 159 of such title is amended to read

as follows:

‘‘2670. Military installations: use by American National Red Cross; use as polling

places.’’.

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

SEC. 2001. SHORT TITLE; DEFINITION.

(a) SHORT TITLE.—This division may be cited as the ‘‘Military

Construction Authorization Act for Fiscal Year 2002’’.

(b) DEFINITION OF FISCAL YEAR 2001 DEFENSE AUTHORIZATION

ACT.—In this division, the term ‘‘Spence Act’’ means the Floyd

D. Spence National Defense Authorization Act for Fiscal Year 2001,

as enacted into law by Public Law 106–398 (114 Stat. 1654).

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 2001 projects.

Sec. 2106. Modification of authority to carry out certain fiscal year 2000 projects.

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(1), the Secretary of the Army may acquire real property

and carry out military construction projects for the installations

and locations inside the United States, and in the amounts, set

forth in the following table:

Military

Construction

Authorization

Act for Fiscal

Year 2002.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1281

Army: Inside the United States

State Installation or location Amount

Alabama ......................... Anniston Army Depot ........................ $5,150,000

Fort Rucker ......................................... $18,200,000

Redstone Arsenal ................................ $9,900,000

Alaska ............................. Fort Richardson .................................. $115,000,000

Fort Wainwright ................................. $27,200,000

Arizona ........................... Fort Huachuca .................................... $6,100,000

Yuma Proving Ground ....................... $3,100,000

California ........................ Defense Language Institute .............. $5,900,000

Fort Irwin ............................................ $23,000,000

Colorado .......................... Fort Carson ......................................... $66,000,000

District of Columbia ...... Fort McNair ........................................ $11,600,000

Georgia ........................... Fort Benning ....................................... $23,900,000

Fort Gillem .......................................... $34,600,000

Fort Gordon ........................................ $34,000,000

Fort Stewart/Hunter Army Air Field $39,800,000

Hawaii ............................ Kahuku Windmill Site ....................... $900,000

Navy Public Works Center, Pearl

Harbor .............................................. $11,800,000

Pohakuloa Training Facility .............. $6,600,000

Wheeler Army Air Field .................... $50,000,000

Illinois ............................. Rock Island Arsenal ........................... $3,500,000

Kansas ............................ Fort Riley ............................................ $10,900,000

Kentucky ........................ Fort Campbell ..................................... $88,900,000

Fort Knox ............................................ $12,000,000

Louisiana ........................ Fort Polk ............................................. $21,200,000

Maryland ........................ Aberdeen Proving Ground ................. $58,300,000

Fort Meade .......................................... $11,200,000

Missouri .......................... Fort Leonard Wood ............................ $7,850,000

New Jersey ..................... Fort Monmouth ................................... $20,000,000

Picatinny Arsenal ............................... $10,200,000

New Mexico .................... White Sands Missile Range ............... $7,600,000

New York ........................ Fort Drum ........................................... $56,350,000

North Carolina ............... Fort Bragg ........................................... $21,300,000

Sunny Point Military Ocean Terminal ................................................ $11,400,000

Oklahoma ....................... Fort Sill ............................................... $5,100,000

South Carolina ............... Fort Jackson ....................................... $65,650,000

Texas ............................... Corpus Christi Army Depot ............... $10,400,000

Fort Sam Houston .............................. $2,250,000

Fort Bliss ............................................. $5,000,000

Fort Hood ............................................ $104,200,000

Virginia ........................... Fort Belvoir ......................................... $35,950,000

Fort Eustis .......................................... $34,650,000

Fort Lee ............................................... $23,900,000

Washington .................... Fort Lewis ........................................... $238,200,000

Total: ............................................ $1,358,750,000

115 STAT. 1282 PUBLIC LAW 107–107—DEC. 28, 2001

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(2), the Secretary of the Army may acquire real property

and carry out military construction projects for the locations outside

the United States, and in the amounts, set forth in the following

table:

Army: Outside the United States

Country Installation or location Amount

Germany ......................... Area Support Group, Bamberg .......... $36,000,000

Area Support Group, Darmstadt ....... $13,500,000

Baumholder ......................................... $9,000,000

Hanau .................................................. $7,200,000

Heidelberg ........................................... $15,300,000

Mannheim ........................................... $16,000,000

Wiesbaden Air Base ........................... $26,300,000

Japan .............................. Camp Schab ........................................ $3,800,000

Korea .............................. Camp Carroll ...................................... $16,593,000

Camp Casey ........................................ $8,500,000

Camp Hovey ........................................ $35,750,000

Camp Humphreys .............................. $14,500,000

Camp Jackson ..................................... $6,100,000

Camp Stanley ..................................... $28,000,000

Camp Yongsan .................................... $12,800,000

Kwajalein ....................... Kwajalein Atoll ................................... $11,000,000

Total: ............................................ $260,343,000

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(3), the Secretary of the Army may acquire real property

and carry out military construction projects for the installation

and location, and in the amount, set forth in the following table:

Army: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide .. Classified Location ............................. $4,000,000

SEC. 2102. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2104(a)(6)(A), the Secretary of the Army may construct or acquire

family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following

table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska .......................... Fort Wainwright ............. 32 Units ...... $12,000,000

Arizona ........................ Fort Huachuca ................ 72 Units ...... $10,800,000

Kansas ......................... Fort Leavenworth ........... 80 Units ...... $20,000,000

Texas ............................ Fort Bliss ......................... 76 Units ...... $13,600,000

Fort Sam Houston ........... 80 Units ...... $11,200,000

Korea ........................... Camp Humphreys ........... 54 Units ...... $12,800,000

Total: .... $80,400,000

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1283

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2104(a)(6)(A), the Secretary of the Army may carry out architectural

and engineering services and construction design activities with

respect to the construction or improvement of family housing units

in an amount not to exceed $11,592,000.

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may

improve existing military family housing units in an amount not

to exceed $220,750,000.

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for

military construction, land acquisition, and military family housing

functions of the Department of the Army in the total amount

of $3,155,594,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2101(a), $1,127,750,000.

(2) For military construction projects outside the United

States authorized by section 2101(b), $260,343,000.

(3) For a military construction project at an unspecified

worldwide location authorized by section 2101(c), $4,000,000.

(4) For unspecified minor construction projects authorized

by section 2805 of title 10, United States Code, $18,000,000.

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$159,533,000.

(6) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvement of military family housing and

facilities, $312,742,000.

(B) For support of military family housing (including

the functions described in section 2833 of title 10, United

States Code), $1,089,573,000.

(7) For the construction of a cadet development center

at the United States Military Academy, West Point, New York,

authorized by section 2101(a) of the Military Construction

Authorization Act for Fiscal Year 1999 (division B of Public

Law 105–261; 112 Stat. 2182), $37,900,000.

(8) For the construction of phase 2C of a barracks complex,

Tagaytay Street, at Fort Bragg, North Carolina, authorized

by section 2101(a) of the Military Construction Authorization

Act for Fiscal Year 2000 (division B of Public Law 106–65;

113 Stat. 825), $17,500,000.

(9) For the construction of phase 1C of a barracks complex,

Wilson Street, at Schofield Barracks, Hawaii, authorized by

section 2101(a) of the Military Construction Authorization Act

for Fiscal Year 2000 (division B of Public Law 106–65; 113

Stat. 825), $23,000,000.

115 STAT. 1284 PUBLIC LAW 107–107—DEC. 28, 2001

(10) For construction of phase 2 of a basic combat training

complex at Fort Leonard Wood, Missouri, authorized by section

2101(a) of the Military Construction Authorization Act for

Fiscal Year 2001 (division B of the Spence Act; 114 Stat.

1654A–389), as amended by section 2105 of this Act,

$27,000,000.

(11) For the construction of phase 2 of a battle simulation

center at Fort Drum, New York, authorized by section 2101(a)

of the Military Construction Authorization Act for Fiscal Year

2001 (division B of the Spence Act; 114 Stat. 1654A–389),

as amended by section 2105 of this Act, $9,000,000.

(12) For the construction of phase 1 of a barracks complex,

Butner Road, at Fort Bragg, North Carolina, authorized by

section 2101(a) of the Military Construction Authorization Act

for Fiscal Year 2001 (division B of the Spence Act; 114 Stat.

1654A–389), $49,000,000.

(13) For the construction of phase 1 of a barracks complex,

Longstreet Road, at Fort Bragg, North Carolina, authorized

by section 2101(a) of the Military Construction Authorization

Act for Fiscal Year 2001 (division B of the Spence Act; 114

Stat. 1654A–389), $27,000,000.

(14) For the construction of a multipurpose digital training

range at Fort Hood, Texas, authorized by section 2101(a) of

the Military Construction Authorization Act for Fiscal Year

2001 (division B of the Spence Act; 114 Stat. 1654A–389),

as amended by section 2105 of this Act, $13,000,000.

(15) For the homeowners assistance program, as authorized

by section 2832(a) of title 10, United States Code, $10,119,000,

to remain available until expended.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2101 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1), (2), and (3) of subsection (a);

(2) $52,000,000 (the balance of the amount authorized

under section 2201(a) for construction of a barracks complex,

D Street, at Fort Richardson, Alaska);

(3) $41,000,000 (the balance of the amount authorized

under section 2201(a) for construction of phase 1 of a barracks

complex, Nelson Boulevard, at Fort Carson, Colorado);

(4) $36,000,000 (the balance of the amount authorized

under section 2201(a) for construction of phase 1 of a basic

combat training complex at Fort Jackson, South Carolina);

and

(5) $102,000,000 (the balance of the amount authorized

under section 2201(a) for construction of a barracks complex,

17th & B Streets, at Fort Lewis, Washington).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (15) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $29,866,000, which represents the combination of savings resulting from adjustments to foreign currency

exchange rates for military construction, military family housing

construction, and military family housing support outside the

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1285

United States and savings resulting from favorable bids, reduced

overhead charges, and cancellations due to force structure changes.

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2001 PROJECTS.

(a) MODIFICATION.—The table in section 2101(a) of the Military

Construction Authorization Act for Fiscal Year 2001 (division B

of the Spence Act; 114 Stat. 1654A–389) is amended—

(1) in the item relating to Fort Leonard Wood, Missouri,

by striking ‘‘$65,400,000’’ in the amount column and inserting

‘‘$69,800,000’’;

(2) in the item relating to Fort Drum, New York, by striking

‘‘$18,000,000’’ in the amount column and inserting

‘‘$21,000,000’’;

(3) in the item relating to Fort Hood, Texas, by striking

‘‘$36,492,000’’ in the amount column and inserting

‘‘$39,492,000’’; and

(4) by striking the amount identified as the total in the

amount column and inserting ‘‘$626,374,000’’.

(b) CONFORMING AMENDMENTS.—Section 2104 of that Act (114

Stat. 1654A–391) is amended—

(1) in subsection (a), in the matter preceding paragraph

(1), by striking ‘‘$1,925,344,000’’ and inserting ‘‘$1,935,744,000’’;

and

(2) in subsection (b)—

(A) in paragraph (2), by striking ‘‘$22,600,000’’ and

inserting ‘‘$27,000,000’’;

(B) in paragraph (3), by striking ‘‘$10,000,000’’ and

inserting ‘‘$13,000,000’’; and

(C) in paragraph (6), by striking ‘‘$6,000,000’’ and

inserting ‘‘$9,000,000’’.

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2000 PROJECTS.

Section 2104 of the Military Construction Authorization Act

for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat.

826), as amended by section 2105(c) of the Spence Act; 114 Stat.

1654A–393), is amended—

(1) in subsection (a)—

(A) in the matter preceding paragraph (1), by striking

‘‘$2,358,331,000’’ and inserting ‘‘$2,321,931,000’’; and

(B) in paragraph (1), by striking ‘‘$930,058,000’’ and

inserting ‘‘$893,658,000’’; and

(2) in subsection (b)(7), by striking ‘‘$102,500,000’’ and

inserting ‘‘$138,900,000’’.

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 2001 projects.

Sec. 2206. Modification of authority to carry out certain fiscal year 2000 project.

115 STAT. 1286 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2204(a)(1), the Secretary of the Navy may acquire real property

and carry out military construction projects for the installations

and locations inside the United States, and in the amounts, set

forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ........................... Marine Corps Air Station, Yuma ...... $22,570,000

California ........................ Marine Air-Ground Task Force

Training Center, Twentynine

Palms ............................................... $75,125,000

Marine Corps Air Station, Camp

Pendleton ......................................... $4,470,000

Marine Corps Base, Camp Pendleton $96,490,000

Naval Air Facility, El Centro ............ $23,520,000

Naval Air Station, Lemoore ............... $10,010,000

Naval Air Warfare Center, China

Lake ................................................. $30,200,000

Naval Air Warfare Center, Point

Mugu, San Nicholas Island ............ $13,730,000

Naval Amphibious Base, Coronado ... $8,610,000

Naval Construction Battalion Center, Port Hueneme .......................... $12,400,000

Naval Construction Training Center,

Port Hueneme ................................. $3,780,000

Naval Station, San Diego .................. $47,240,000

District of Columbia ...... Naval Air Facility, Washington ........ $9,810,000

Florida ............................ Naval Air Station, Key West ............. $11,400,000

Naval Air Station, Whiting Field,

Milton .............................................. $2,140,000

Naval Station, Mayport ..................... $16,420,000

Naval Station, Pensacola ................... $3,700,000

Hawaii ............................ Marine Corps Base, Kaneohe ............ $24,920,000

Naval Magazine Lualualei ................. $6,000,000

Naval Shipyard, Pearl Harbor .......... $20,000,000

Naval Station, Pearl Harbor ............. $54,700,000

Navy Public Works Center, Pearl

Harbor .............................................. $16,900,000

Illinois ............................. Naval Training Center, Great Lakes $82,260,000

Indiana ........................... Naval Surface Warfare Center,

Crane ............................................... $14,930,000

Maine .............................. Naval Air Station, Brunswick ........... $67,395,000

Naval Shipyard, Portsmouth ............. $14,620,000

Maryland ........................ Naval Air Warfare Center, Patuxent

River ................................................ $2,260,000

Naval Air Warfare Center, St.

Inigoes .............................................. $5,100,000

Naval Explosive Ordinance Disposal

Technology Center, Indian Head ... $1,250,000

Mississippi ...................... Naval Air Station, Meridian .............. $3,370,000

Naval Construction Battalion Center, Gulfport .................................... $21,660,000

Naval Station, Pascaguola ................. $4,680,000

Missouri .......................... Marine Corps Support Activity, Kansas City ............................................ $9,010,000

Nevada ............................ Naval Air Station, Fallon .................. $6,150,000

New Jersey ..................... Naval Weapons Station, Earle .......... $4,370,000

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1287

Navy: Inside the United States—Continued

State Installation or location Amount

North Carolina ............... Marine Corps Air Station, New

River ................................................ $4,050,000

Marine Corps Base, Camp Lejeune .. $67,070,000

Pennsylvania .................. Naval Foundry and Propeller Center, Philadelphia ............................. $14,800,000

Rhode Island .................. Naval Station, Newport ..................... $15,290,000

Naval Underwater Warfare Center,

Newport ........................................... $9,370,000

South Carolina ............... Marine Corps Air Station, Beaufort $8,020,000

Marine Corps Recruit Depot, Parris

Island ............................................... $5,430,000

Tennessee ....................... Naval Support Activity, Millington ... $3,900,000

Virginia ........................... Marine Corps Air Facility, Quantico $3,790,000

Marine Corps Combat Dev Com ....... $9,390,000

Naval Amphibious Base, Little

Creek ................................................ $9,090,000

Naval Station, Norfolk ....................... $139,270,000

Washington .................... Naval Air Station, Whidbey Island ... $7,370,000

Naval Station, Everett ....................... $6,820,000

Strategic Weapons Facility, Bangor $3,900,000

Total: ............................................ $1,058,750,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2204(a)(2), the Secretary of the Navy may acquire real property

and carry out military construction projects for the locations outside

the United States, and in the amounts, set forth in the following

table:

Navy: Outside the United States

Country Installation or location Amount

Greece ............................. Naval Support Activity Joint Headquarters Command, Larissa .......... $12,240,000

Naval Support Activity, Souda Bay .. $3,210,000

Guam .............................. Naval Station, Guam ......................... $9,300,000

Navy Public Works Center, Guam .... $14,800,000

Iceland ............................ Naval Air Station, Keflavik ............... $2,820,000

Italy ................................ Naval Air Station, Sigonella .............. $3,060,000

Spain ............................... Naval Station, Rota ............................ $2,240,000

Total: ............................................ $47,670,000

SEC. 2202. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2204(a)(5)(A), the Secretary of the Navy may construct or acquire

family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following

table:

115 STAT. 1288 PUBLIC LAW 107–107—DEC. 28, 2001

Navy: Family Housing

State Installation or location Purpose Amount

Arizona ........................ Marine Corps Air Station, Yuma ................... 51 Units .... $9,017,000

California ..................... Marine Air-Ground Task

Force Training Center,

Twentynine Palms ....... 74 Units .... $16,250,000

Hawaii ......................... Marine Corps Base,

Kaneohe ....................... 172 Units .... $46,996,000

Naval Station, Pearl

Harbor .......................... 70 Units .... $16,827,000

Mississippi ................... Naval Construction Battalion Center, Gulfport 160 Units .... $23,354,000

Virginia ........................ Marine Corps Combat

Development Command, Quantico ........... 60 Units .... $7,000,000

Italy ............................. Naval Air Station,

Sigonella ....................... 10 Units .... $2,403,000

Total: .... $121,847,000

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2204(a)(5)(A), the Secretary of the Navy may carry out architectural

and engineering services and construction design activities with

respect to the construction or improvement of military family

housing units in an amount not to exceed $6,499,000.

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may

improve existing military family housing units in an amount not

to exceed $203,434,000.

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for

military construction, land acquisition, and military family housing

functions of the Department of the Navy in the total amount of

$2,366,742,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2201(a), $1,005,410,000.

(2) For military construction projects outside the United

States authorized by section 2201(b), $47,670,000.

(3) For unspecified minor construction projects authorized

by section 2805 of title 10, United States Code, $10,546,000.

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$39,557,000.

(5) For military family housing functions:

(A) For construction and acquisition, planning and

design, and improvement of military family housing and

facilities, $331,780,000.

(B) For support of military housing (including functions

described in section 2833 of title 10, United States Code),

$910,095,000.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1289

(6) For construction of phase 6 of a large anachoic chamber

facility at the Patuxent River Naval Air Warfare Center, Maryland, authorized by section 2201(a) of the Military Construction

Authorization Act for Fiscal Year 1993 (division B of Public

Law 102–484; 106 Stat. 2590), $10,770,000.

(7) For construction of the Commander-in-Chief Headquarters, Pacific Command, Camp H.M. Smith, Hawaii, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106–

65; 113 Stat. 828), as amended by section 2206 of this Act,

$37,580,000.

(8) For repair of a pier at Naval Station, San Diego, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the

Spence Act; 114 Stat. 1654A–396), $17,500,000.

(9) For replacement of a pier at Naval Station, Bremerton,

Washington, formerly Naval Shipyard, Bremerton, Puget

Sound, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A–396), as amended

by section 2205 of this Act, $24,460,000.

(10) For construction of an industrial skills center at Puget

Sound Naval Shipyard, Bremerton, Washington, formerly Naval

Shipyard, Bremerton, Puget Sound, Washington, authorized

by section 2201(a) of the Military Construction Authorization

Act for Fiscal Year 2001 (division B of the Spence Act; 114

Stat. 1654A–396), as amended by section 2205 of this Act,

$14,000,000.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2201 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1) and (2) of subsection (a); (2) $33,240,000 (the balance of the amount authorized

under section 2201(a) for replacement of a pier, increment

I, at Naval Station, Norfolk, Virginia); and

(3) $20,100,000 (the balance of the amount authorized

under section 2201(a) for a combined propulsion and explosives

lab at Naval Air Warfare Center, China Lake, California).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (10) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $82,626,000, which represents the combination of savings resulting from adjustments to foreign currency

exchange rates for military construction, military family housing

construction, and military family housing support outside the

United States and savings resulting from favorable bids, reduced

overhead charges, and cancellations due to force structure changes.

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2001 PROJECTS.

(a) AUTHORIZED CONSTRUCTION AND LAND ACQUISITION.—The

table in section 2201(a) of the Military Construction Authorization

Act for Fiscal Year 2001 (division B of the Spence Act; 114 Stat.

1654A–395) is amended—

115 STAT. 1290 PUBLIC LAW 107–107—DEC. 28, 2001

(1) in the item relating to Naval Shipyard, Bremerton,

Puget Sound, Washington, by striking ‘‘$100,740,000’’ in the

amount column and inserting ‘‘$102,460,000’’;

(2) in the item relating to Naval Station, Bremerton, Washington, by striking ‘‘$11,930,000’’ in the amount column and

inserting ‘‘$1,930,000’’; and

(3) by striking the amount identified as the total in the

amount column and inserting ‘‘$803,217,000’’.

(b) PLANNING AND DESIGN.—Section 2204(a) of that Act (114

Stat. 1654A–398) is amended—

(1) in the matter preceding paragraph (1), by striking

‘‘$2,227,995,000’’ and inserting ‘‘$2,208,407,000’’; and

(2) in paragraph (4), by striking ‘‘$73,335,000’’ and inserting

‘‘$53,747,000’’.

(c) CONFORMING AMENDMENT.—Section 2204(b)(4) of that Act

(114 Stat. 1654A–398) is amended by striking ‘‘$10,280,000’’ and

inserting ‘‘$14,000,000’’.

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2000 PROJECT.

(a) MODIFICATION.—The table in section 2201(a) of the Military

Construction Authorization Act for Fiscal Year 2000 (division B

of Public Law 106–65; 113 Stat. 828) is amended—

(1) in the item relating to Camp H.M. Smith, Hawaii,

by striking ‘‘$86,050,000’’ in the amount column and inserting

‘‘$89,050,000’’; and

(2) by striking the amount identified as the total in the

amount column and inserting ‘‘$820,230,000’’.

(b) CONFORMING AMENDMENT.—Section 2204(b)(3) of that Act

(113 Stat. 831) is amended by striking ‘‘$70,180,000’’ and inserting

‘‘$73,180,000’’.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

Sec. 2305. Modification of authority to carry out certain fiscal year 2001 projects.

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND

ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(1), the Secretary of the Air Force may acquire real property

and carry out military construction projects for the installations

and locations inside the United States, and in the amounts, set

forth in the following table:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1291

Air Force: Inside the United States

State Installation or location Amount

Alabama ......................... Maxwell Air Force Base ..................... $34,400,000

Alaska ............................. Eareckson Air Force Base .................. $4,600,000

Elmendorf Air Force Base ................. $32,200,000

Arizona ........................... Davis-Monthan Air Force Base ......... $23,500,000

Luke Air Force Base .......................... $4,500,000

Arkansas ......................... Little Rock Air Force Base ................ $18,100,000

California ........................ Beale Air Force Base .......................... $7,900,000

Edwards Air Force Base .................... $16,300,000

Los Angeles Air Force Base ............... $23,000,000

Travis Air Force Base ........................ $10,100,000

Vandenberg Air Force Base ............... $11,800,000

Colorado .......................... Buckley Air Force Base ...................... $23,200,000

Schriever Air Force Base ................... $30,400,000

United States Air Force Academy ..... $25,500,000

Delaware ........................ Dover Air Force Base ......................... $7,300,000

District of Columbia ...... Bolling Air Force Base ....................... $2,900,000

Florida ............................ Cape Canaveral Air Force Station .... $7,800,000

Eglin Air Force Base .......................... $11,400,000

Hurlburt Field .................................... $10,400,000

Tyndall Air Force Base ...................... $20,350,000

Georgia ........................... Moody Air Force Base ........................ $8,600,000

Robins Air Force Base ........................ $14,650,000

Idaho ............................... Mountain Home Air Force Base ........ $14,600,000

Kansas ............................ McConnell Air Force Base ................. $5,100,000

Louisiana ........................ Barksdale Air Force Base .................. $5,000,000

Maryland ........................ Andrews Air Force Base .................... $19,420,000

Massachusetts ................ Hanscom Air Force Base ................... $9,400,000

Mississippi ...................... Columbus Air Force Base .................. $5,000,000

Keesler Air Force Base ...................... $28,600,000

Montana ......................... Malmstrom Air Force Base ................ $4,650,000

Nevada ............................ Nellis Air Force Base ......................... $31,600,000

New Jersey ..................... McGuire Air Force Base .................... $36,550,000

New Mexico .................... Cannon Air Force Base ...................... $9,400,000

Kirtland Air Force Base ..................... $19,800,000

North Carolina ............... Pope Air Force Base ........................... $17,800,000

North Dakota ................. Grand Forks Air Force Base ............. $7,800,000

Ohio ................................ Wright-Patterson Air Force Base ...... $28,250,000

Oklahoma ....................... Altus Air Force Base .......................... $20,200,000

Tinker Air Force Base ........................ $21,400,000

South Carolina ............... Shaw Air Force Base .......................... $5,800,000

South Dakota ................. Ellsworth Air Force Base ................... $12,200,000

Tennessee ....................... Arnold Air Force Base ........................ $24,400,000

Texas ............................... Dyess Air Force Base ......................... $16,800,000

Lackland Air Force Base ................... $12,800,000

Laughlin Air Force Base .................... $15,600,000

Sheppard Air Force Base ................... $45,200,000

Utah ................................ Hill Air Force Base ............................. $44,000,000

Virginia ........................... Langley Air Force Base ...................... $47,300,000

Washington .................... Fairchild Air Force Base .................... $2,800,000

McChord Air Force Base .................... $20,700,000

Wyoming ......................... F. E. Warren Air Force Base ............. $10,200,000

Total: ............................................ $891,270,000

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(2), the Secretary of the Air Force may acquire real property

and carry out military construction projects for the installations

and locations outside the United States, and in the amounts, set

forth in the following table:

115 STAT. 1292 PUBLIC LAW 107–107—DEC. 28, 2001

Air Force: Outside the United States

Country Installation or location Amount

Germany ......................... Ramstein Air Force Base ................... $42,900,000

Spangdahlem Air Base ...................... $8,700,000

Guam .............................. Andersen Air Force Base ................... $10,150,000

Italy ................................ Aviano Air Base .................................. $11,800,000

Korea .............................. Kunsan Air Base ................................ $12,000,000

Osan Air Base ..................................... $101,142,000

Oman .............................. Masirah ............................................... $8,000,000

Turkey ............................ Eskisehir ............................................. $4,000,000

Incirlik ................................................. $5,500,000

United Kingdom ............. Royal Air Force, Lakenheath ............ $11,300,000

Royal Air Force, Mildenhall .............. $22,400,000

Wake Island ................... Wake Island ........................................ $25,000,000

Total: ............................................ $262,892,000

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(3), the Secretary of the Air Force may acquire real property

and carry out military construction projects for the installation

and location, and in the amount, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide .. Classified Location ............................. $4,458,000

SEC. 2302. FAMILY HOUSING.

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section

2304(a)(6)(A), the Secretary of the Air Force may construct or

acquire family housing units (including land acquisition) at the

installations, for the purposes, and in the amounts set forth in

the following table:

Air Force: Family Housing

State Installation or location Purpose Amount

Arizona ....................... Luke Air Force Base ...... 120 Units .... $15,712,000

California ................... Travis Air Force Base .... 118 Units .... $18,150,000

Colorado ..................... Buckley Air Force Base 55 Units .... $11,400,000

Delaware .................... Dover Air Force Base ..... 120 Units .... $18,145,000

District of Columbia .. Bolling Air Force Base ... 136 Units .... $16,926,000

Hawaii ........................ Hickam Air Force Base .. 102 Units .... $25,037,000

Idaho ........................... Mountain Home Air

Force Base ................... 56 Units .... $10,000,000

Louisiana .................... Barksdale Air Force

Base ............................. 56 Units .... $7,300,000

South Dakota ............. Ellsworth Air Force Base 78 Units .... $13,700,000

Virginia ...................... Langley Air Force Base 4 Units ..... $1,200,000

Portugal ...................... Lajes Field, Azores ......... 64 Units .... $13,230,000

Total: .... $150,800,000

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1293

(b) PLANNING AND DESIGN.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities

with respect to the construction or improvement of military family

housing units in an amount not to exceed $24,558,000.

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS.

Subject to section 2825 of title 10, United States Code, and

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force

may improve existing military family housing units in an amount

not to exceed $375,345,000.

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for

military construction, land acquisition, and military family housing

functions of the Department of the Air Force in the total amount

of $2,573,122,000, as follows:

(1) For military construction projects inside the United States authorized by section 2301(a), $879,270,000.

(2) For military construction projects outside the United States authorized by section 2301(b), $223,592,000.

(3) For a military construction project at an unspecified worldwide location authorized by section 2301(c), $4,458,000.

(4) For unspecified minor construction projects authorized

by section 2805 of title 10, United States Code, $11,250,000.

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$94,970,000.

(6) For military housing functions:

(A) For construction and acquisition, planning and

design, and improvement of military family housing and

facilities, $550,703,000.

(B) For support of military family housing (including

functions described in section 2833 of title 10, United States

Code), $844,715,000.

(7) $12,600,000 for construction of an air freight terminal

and base supply complex at McGuire Air Force Base, New

Jersey, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the

Spence Act; 114 Stat. 1654A–399), as amended by section 2305

of this Act.

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.—

Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2301 of this Act may not exceed—

(1) the total amount authorized to be appropriated under

paragraphs (1), (2), and (3) of subsection (a); (2) $12,000,000 (the balance of the amount authorized

under section 2301(a) for a maintenance depot hanger at Hill

Air Force Base, Utah);

(3) $15,300,000 (the balance of the amount authorized

under section 2301(b) for repair of an airfield runway at Wake

Island); and

115 STAT. 1294 PUBLIC LAW 107–107—DEC. 28, 2001

(4) $24,000,000 (the balance of the amount authorized

under section 2301(b) for a civil engineer complex at Osan

Air Force Base, Korea).

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (7) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $48,436,000, which represents the combination of savings resulting from adjustments to foreign currency

exchange rates for military construction, military family housing

construction, and military family housing support outside the

United States and savings resulting from favorable bids, reduced

overhead charges, and cancellations due to force structure changes.

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2001 PROJECTS.

(a) MCGUIRE AIR FORCE BASE.—The table in section 2301(a)

of the Military Construction Authorization Act for Fiscal Year 2001

(division B of the Spence Act; 114 Stat. 1654A–399) is amended—

(1) in the item relating to McGuire Air Force Base, New

Jersey, by striking ‘‘$29,772,000’’ in the amount column and

inserting ‘‘$32,972,000’’; and

(2) by striking the amount identified as the total in the

amount column and inserting ‘‘$748,955,000’’.

(b) MOUNTAIN HOME AIR FORCE BASE.—The table in section

2302(a) of that Act (114 Stat. 1654A–400) is amended in the item

relating to Mountain Home Air Force Base, Idaho, by striking

‘‘119 Units’’ in the purpose column and inserting ‘‘46 Units’’.

(c) CONFORMING AMENDMENT.—Section 2304(b)(2) of that Act

(114 Stat. 1654A–402) is amended by striking ‘‘$9,400,000’’ and

inserting ‘‘$12,600,000’’.

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Cancellation of authority to carry out certain fiscal year 2001 projects.

Sec. 2405. Modification of authority to carry out certain fiscal year 2000 projects.

Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project.

Sec. 2407. Modification of authority to carry out certain fiscal year 1995 project.

Sec. 2408. Prohibition on expenditures to develop forward operating location on

Aruba.

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) INSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2403(a)(1), the Secretary of Defense may acquire real property

and carry out military construction projects for the installations

and locations inside the United States, and in the amounts, set

forth in the following table:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1295

Defense Agencies: Inside the United States

Agency Installation or location Amount

Defense Education Activity ............................ Laurel Bay, South Carolina ............... $12,850,000

Marine Corps Base, Camp Lejeune,

North Carolina ................................ $8,857,000

Defense Logistics Agency ................................. Defense Distribution Depot Tracy,

California ......................................... $30,000,000

Defense Distribution New Cumberland, Pennsylvania .................... $19,900,000

Eielson Air Force Base, Alaska ......... $8,800,000

Fort Belvoir, Virginia ......................... $900,000

Grand Forks Air Force Base, North

Dakota ............................................. $9,110,000

Hickam Air Force Base, Hawaii ........ $29,200,000

McGuire Air Force Base, New Jersey $4,400,000

Minot Air Force Base, North Dakota $14,000,000

Philadelphia, Pennsylvania ............... $2,429,000

Pope Air Force Base, North Carolina $3,400,000

Special Operations Command ........................... Aberdeen Proving Ground, Maryland $3,200,000

CONUS Classified .............................. $2,400,000

Fort Benning, Georgia ....................... $5,100,000

Fort Bragg, North Carolina ............... $33,562,000

Fort Lewis, Washington ..................... $6,900,000

Hurlburt Field, Florida ...................... $13,400,000

MacDill Air Force Base, Florida ....... $12,000,000

Naval Station, San Diego, California $13,650,000

TRICARE Management

Activity ........................ Andrews Air Force Base, Maryland .. $10,250,000

Dyess Air Force Base, Texas ............. $3,300,000

F. E. Warren Air Force Base, Wyoming ................................................. $2,700,000

Fort Hood, Texas ................................ $12,200,000

Fort Stewart/Hunter Army Air Field,

Georgia ............................................ $11,000,000

Holloman Air Force Base, New Mexico ..................................................... $5,700,000

Hurlburt Field, Florida ...................... $8,800,000

Marine Corps Base, Camp Pendleton, California ............................ $15,300,000

Marine Corps Logistics Base, Albany, Georgia .................................. $5,800,000

Naval Air Station, Whidbey Island,

Washington ..................................... $6,600,000

Naval Hospital, Twentynine Palms,

California ......................................... $1,600,000

Naval Station, Mayport, Florida ....... $24,000,000

Naval Station, Norfolk, Virginia ....... $21,000,000

Schriever Air Force Base, Colorado .. $4,000,000

Washington Headquarters Services ........ Pentagon Reservation, Virginia ........ $25,000,000

Total: ............................................ $391,308,000

115 STAT. 1296 PUBLIC LAW 107–107—DEC. 28, 2001

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated

pursuant to the authorization of appropriations in section

2403(a)(2), the Secretary of Defense may acquire real property

and carry out military construction projects for the installations

and locations outside the United States, and in the amounts, set

forth in the following table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity ............................ Aviano Air Base, Italy ........................ $3,647,000

Geilenkirchen AB, Germany ............. $1,733,000

Heidelberg, Germany ......................... $3,312,000

Kaiserslautern, Germany .................. $1,439,000

Kitzingen, Germany ........................... $1,394,000

Landstuhl, Germany .......................... $1,444,000

Ramstein Air Force Base, Germany $2,814,000

Royal Air Force, Feltwell, United

Kingdom .......................................... $22,132,000

Vogelweh Annex, Germany ............... $1,558,000

Wiesbaden Air Base, Germany ......... $1,378,000

Wuerzburg, Germany ......................... $2,684,000

Defense Logistics Agency ................................. Anderson Air Force Base, Guam ....... $20,000,000

Camp Casey, Korea ............................ $5,500,000

Naval Station, Rota, Spain ................ $3,000,000

Yokota Air Base, Japan ..................... $13,000,000

Office Secretary of Defense ............................ Comalapa Air Base, El Salvador ....... $12,577,000

TRICARE Management

Activity ........................ Heidelberg, Germany ......................... $28,000,000

Lajes Field, Azores, Portugal ............ $3,750,000

Thule, Greenland ................................ $10,800,000

Total: ............................................ $140,162,000

SEC. 2402. ENERGY CONSERVATION PROJECTS.

Using amounts appropriated pursuant to the authorization of

appropriations in section 2403(a)(6), the Secretary of Defense may

carry out energy conservation projects under section 2865 of title

10, United States Code, in the amount of $27,100,000.

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for

military construction, land acquisition, and military family housing

functions of the Department of Defense (other than the military

departments), in the total amount of $1,481,208,000, as follows:

(1) For military construction projects inside the United

States authorized by section 2401(a), $391,308,000.

(2) For military construction projects outside the United

States authorized by section 2401(b), $140,162,000.

(3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $24,492,000.

(4) For contingency construction projects of the Secretary

of Defense under section 2804 of title 10, United States Code,

$10,000,000.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1297

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code,

$54,496,000.

(6) For energy conservation projects authorized by section

2402, $27,100,000.

(7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note), $632,713,000.

(8) For military family housing functions:

(A) For improvement of military family housing and

facilities, $250,000.

(B) For support of military family housing (including

functions described in section 2833 of title 10, United States

Code), $43,762,000, of which not more than $37,298,000

may be obligated or expended for the leasing of military

family housing units worldwide.

(C) For credit to the Department of Defense Family

Housing Improvement Fund established by section

2883(a)(1) of title 10, United States Code, $2,000,000.

(9) For the construction of phase 6 of an ammunition

demilitarization facility at Pine Bluff Arsenal, Arkansas,

authorized by section 2401(a) of the Military Construction

Authorization Act for Fiscal Year 1995 (division B of Public

Law 103–337; 108 Stat. 3040), as amended by section 2407

of the Military Construction Authorization Act for Fiscal Year

1996 (division B of Public Law 104–106; 110 Stat. 539), section

2408 of the Military Construction Authorization Act for Fiscal

Year 1998 (division B of Public Law 105–85; 111 Stat. 1982),

section 2406 of the Military Construction Authorization Act

for Fiscal Year 1999 (division B of Public Law 105–261; 112

Stat. 2197), and section 2407 of this Act, $26,000,000.

(10) For the construction of phase 3 of an ammunition

demilitarization facility at Pueblo Army Depot, Colorado,

authorized by section 2401(a) of the Military Construction

Authorization Act for Fiscal Year 1997 (division B of Public

Law 104–201; 110 Stat. 2775), as amended by section 2406

of the Military Construction Authorization Act for Fiscal Year

2000 (division B of Public Law 106–65; 113 Stat. 839),

$11,000,000.

(11) For construction of phase 4 of an ammunition demilitarization facility at Newport Army Depot, Indiana, authorized

by section 2401(a) of the Military Construction Authorization

Act for Fiscal Year 1999 (division B of Public Law 105–261;

112 Stat. 2193), $66,000,000.

(12) For construction of phase 4 of an ammunition demilitarization facility at Aberdeen Proving Ground, Maryland,

authorized by section 2401(a) of the Military Construction

Authorization Act for Fiscal Year 1999 (division B of Public

Law 105–261; 112 Stat. 2193), as amended by section 2406

of this Act, $66,500,000.

(13) For the construction of phase 2 of an ammunition

demilitarization facility at Blue Grass Army Depot, Kentucky,

authorized by section 2401(a) of the Military Construction

Authorization Act for Fiscal Year 2000 (division B of Public

Law 106–65, 113 Stat. 836), as amended by section 2405 of

this Act, $3,000,000.

115 STAT. 1298 PUBLIC LAW 107–107—DEC. 28, 2001

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section

2401 of this Act may not exceed the total amount authorized to

be appropriated under paragraphs (1) and (2) of subsection (a).

(c) ADJUSTMENTS.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (13) of subsection (a)

is the sum of the amounts authorized to be appropriated in such

paragraphs, reduced by $17,575,000, which represents the combination of savings resulting from adjustments to foreign currency

exchange rates for military construction, military family housing

construction, and military family housing support outside the

United States and savings resulting from favorable bids, reduced

overhead charges, and cancellations due to force structure changes.

SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2001 PROJECTS.

(a) CANCELLATION OF PROJECTS AT CAMP PENDLETON, CALI- FORNIA.—The table in section 2401(a) of the Military Construction

Authorization Act for Fiscal Year 2001 (division B of the Spence

Act; 114 Stat. 1654A–402) is amended— (1) under the agency heading TRICARE Management

Activity, by striking the item relating to Marine Corps Base,

Camp Pendleton, California; and

(2) by striking the amount identified as the total in the

amount column and inserting ‘‘$242,756,000’’. (b) CANCELLATION OF PROJECTS AT UNSPECIFIED WORLDWIDE

LOCATIONS.—Section 2401(c) of that Act (114 Stat. 1654A–404) is

amended by striking ‘‘$451,135,000’’ and inserting ‘‘$30,065,000’’. (c) TREATMENT OF AUTHORIZATION OF APPROPRIATIONS FOR CER- TAIN CANCELED PROJECTS.—Of the amount authorized to be appropriated by section 2403(a) of that Act (114 Stat. 1654A–404), and

paragraph (1) of that section, $14,150,000 shall be available for

purposes relating to construction of the Portsmouth Naval Hospital,

Virginia, as authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division

B of Public Law 101–189; 103 Stat. 1640).

(d) REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR

PROJECTS AT UNSPECIFIED WORLDWIDE LOCATIONS.—Section 2403

of that Act (114 Stat. 1654A–404) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking ‘‘$1,883,902,000’’ and inserting ‘‘$1,828,872,000’’; and

(B) in paragraph (3), by striking ‘‘$85,095,000’’ and

inserting ‘‘$30,065,000’’; and

(2) in subsection (b), by striking ‘‘may not exceed—’’ and

all that follows through the end of the subsection and inserting

‘‘may not exceed the total amount authorized to be appropriated

under paragraphs (1) and (2) of subsection (a).’’.

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 2000 PROJECTS.

(a) MODIFICATION.—The table in section 2401(a) of the Military

Construction Authorization Act for Fiscal Year 2000 (division B

of Public Law 106–65; 113 Stat. 835) is amended—

(1) under the agency heading relating to Chemical Demilitarization, in the item relating to Blue Grass Army Depot,

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1299

Kentucky, by striking ‘‘$206,800,000’’ in the amount column

and inserting ‘‘$254,030,000’’;

(2) under the agency heading relating to TRICARE

Management Agency—

(A) in the item relating to Fort Wainwright, Alaska,

by striking ‘‘$133,000,000’’ in the amount column and

inserting ‘‘$215,000,000’’; and

(B) by striking the item relating to Naval Air Station,

Whidbey Island, Washington; and

(3) by striking the amount identified as the total in the

amount column and inserting ‘‘$711,950,000’’.

(b) TREATMENT OF AUTHORIZATION OF APPROPRIATIONS FOR

CANCELED WHIDBEY ISLAND PROJECT.—Of the amount authorized

to be appropriated by section 2405(a) of that Act (113 Stat. 837),

and paragraph (1) of that section, $4,700,000 shall be available

for purposes relating to construction of the Portsmouth Naval Hospital, Virginia, as authorized by section 2401(a) of the Military

Construction Authorization Act for Fiscal Years 1990 and 1991

(division B of Public Law 101–189; 103 Stat. 1640).

(c) CONFORMING AMENDMENTS.—Section 2405(b) of that Act

(113 Stat. 839) is amended—

(1) in paragraph (2), by striking ‘‘$115,000,000’’ and

inserting ‘‘$197,000,000’’; and

(2) in paragraph (3), by striking ‘‘$184,000,000’’ and

inserting ‘‘$231,230,000’’.

SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 1999 PROJECT.

(a) MODIFICATION.—The table in section 2401(a) of the Military

Construction Authorization Act for Fiscal Year 1999 (division B

of Public Law 105–261; 112 Stat. 2193) is amended—

(1) under the agency heading relating to Chemical Demilitarization, in the item relating to Aberdeen Proving Ground,

Maryland, by striking ‘‘$186,350,000’’ in the amount column

and inserting ‘‘$223,950,000’’; and

(2) by striking the amount identified as the total in the

amount column and inserting ‘‘$727,616,000’’.

(b) CONFORMING AMENDMENT.—Section 2404(b)(3) of that Act

(112 Stat. 2196) is amended by striking ‘‘$158,000,000’’ and

inserting ‘‘$195,600,000’’.

SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN

FISCAL YEAR 1995 PROJECT.

The table in section 2401 of the Military Construction

Authorization Act for Fiscal Year 1995 (division B of Public Law

103–337; 108 Stat. 3040), as amended by section 2407 of the Military Construction Authorization Act for Fiscal Year 1996 (division

B of Public Law 104–106; 110 Stat. 539), section 2408 of the

Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 1982), and section 2406

of the Military Construction Authorization Act for Fiscal Year 1999

(division B of Public Law 105–261; 112 Stat. 2197), is amended

under the agency heading relating to Chemical Agents and Munitions Destruction, in the item relating to Pine Bluff Arsenal,

Arkansas, by striking ‘‘$154,400,000’’ in the amount column and

inserting ‘‘$177,400,000’’.

115 STAT. 1300 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD

OPERATING LOCATION ON ARUBA.

None of the funds appropriated under the heading ‘‘MILITARY

CONSTRUCTION, DEFENSE-WIDE’’ in chapter 3 of title III of the Emergency Supplemental Act, 2000 (Public Law 106–246; 114 Stat. 579),

may be used by the Secretary of Defense to develop any forward

operating location on the island of Aruba.

TITLE XXV—NORTH ATLANTIC TREATY

ORGANIZATION SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS.

The Secretary of Defense may make contributions for the North

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount

not to exceed the sum of the amount authorized to be appropriated

for this purpose in section 2502 and the amount collected from

the North Atlantic Treaty Organization as a result of construction

previously financed by the United States.

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

Funds are hereby authorized to be appropriated for fiscal years

beginning after September 30, 2001, for contributions by the Secretary of Defense under section 2806 of title 10, United States

Code, for the share of the United States of the cost of projects

for the North Atlantic Treaty Organization Security Investment

Program authorized by section 2501, in the amount of $162,600,000.

TITLE XXVI—GUARD AND RESERVE

FACILITIES

Sec. 2601. Authorized guard and reserve construction and land acquisition projects.

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND

LAND ACQUISITION PROJECTS.

(a) IN GENERAL.—There are authorized to be appropriated for

fiscal years beginning after September 30, 2001, for the costs of

acquisition, architectural and engineering services, and construction

of facilities for the Guard and Reserve Forces, and for contributions

therefor, under chapter 1803 of title 10, United States Code

(including the cost of acquisition of land for those facilities), the

following amounts:

(1) For the Department of the Army—

(A) for the Army National Guard of the United States,

$393,253,000; and

(B) for the Army Reserve, $168,969,000.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1301

(2) For the Department of the Navy, for the Naval and

Marine Corps Reserve, $52,896,000.

(3) For the Department of the Air Force—

(A) for the Air National Guard of the United States,

$253,852,000; and

(B) for the Air Force Reserve, $73,032,000.

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 1999 projects.

Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects.

Sec. 2704. Effective date.

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS

REQUIRED TO BE SPECIFIED BY LAW.

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.—

Except as provided in subsection (b), all authorizations contained

in titles XXI through XXVI for military construction projects, land

acquisition, family housing projects and facilities, and contributions

to the North Atlantic Treaty Organization Security Investment

program (and authorizations of appropriations therefor) shall expire

on the later of—

(1) October 1, 2004; or

(2) the date of the enactment of an Act authorizing funds

for military construction for fiscal year 2005.

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations

for military construction projects, land acquisition, family housing

projects and facilities, and contributions to the North Atlantic

Treaty Organization Security Investment program (and authorizations of appropriations therefor) for which appropriated funds have

been obligated before the later of—

(1) October 1, 2004; or

(2) the date of the enactment of an Act authorizing funds

for fiscal year 2005 for military construction projects, land

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program.

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL

YEAR 1999 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2701 of the Military

Construction Authorization Act for Fiscal Year 1999 (division B

of Public Law 105–261; 112 Stat. 2199), authorizations set forth

in the tables in subsection (b), as provided in section 2302 or

2601 of that Act, shall remain in effect until October 1, 2002,

or the date of the enactment of an Act authorizing funds for military

construction for fiscal year 2003, whichever is later.

115 STAT. 1302 PUBLIC LAW 107–107—DEC. 28, 2001

(b) TABLES.—The tables referred to in subsection (a) are as

follows:

Air Force: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Delaware ..................... Dover Air Force Base Replace Family

Housing (55

units) ............ $8,998,000

Florida ......................... Patrick Air Force

Base ........................ Replace Family

Housing (46

units) ............ $9,692,000

New Mexico ................ Kirtland Air Force

Base ........................ Replace Family

Housing (37

units) ............ $6,400,000

Ohio ............................. Wright-Patterson Air

Force Base .............. Replace Family

Housing (40

units) ............ $5,600,000

Army National Guard: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Massachusetts ............ Westfield .................... Army Aviation

Support Facility .............. $9,274,000

South Carolina ........... Spartanburg .............. Readiness Center ................. $5,260,000

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL

YEAR 1998 PROJECTS.

(a) EXTENSION.—Notwithstanding section 2701 of the Military

Construction Authorization Act for Fiscal Year 1998 (division B

of Public Law 105–85; 111 Stat. 1984), authorizations set forth

in the tables in subsection (b), as provided in section 2102, 2202,

or 2302 of that Act and extended by section 2702 of the Military

Construction Authorization Act for Fiscal Year 2001 (division B

of the Spence Act; 114 Stat. 1654A–408), shall remain in effect

until October 1, 2002, or the date of the enactment of an Act

authorizing funds for military construction for fiscal year 2003,

whichever is later.

(b) TABLES.—The tables referred to in subsection (a) are as

follows:

Army: Extension of 1998 Project Authorization

State Installation or location Project Amount

Maryland ..................... Fort Meade ................ Family Housing

Construction

(56 units) ...... $7,900,000

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1303

Navy: Extension of 1998 Project Authorizations

State Installation or location Project Amount

California .................... Naval Complex, San

Diego ....................... Replace Family

Housing (94

units) ............ $13,500,000

California .................... Marine Corps Air

Station, Miramar ... Family Housing

Construction

(166 units) .... $28,881,000

Louisiana .................... Naval Complex, New

Orleans ................... Replace Family

Housing (100

units) ............ $11,930,000

Texas ........................... Naval Air Station,

Corpus Christi ....... Family Housing

Construction

(212 units) .... $22,250,000

Air Force: Extension of 1998 Project Authorization

State Installation or location Project Amount

New Mexico ................ Kirtland Air Force

Base ........................ Replace Family

Housing (180

units) ............ $20,900,000

SEC. 2704. EFFECTIVE DATE.

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take

effect on the later of— (1) October 1, 2001; or

(2) the date of the enactment of this Act.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military Family Housing

Changes

Sec. 2801. Increase in thresholds for certain unspecified minor military construction projects. Sec. 2802. Exclusion of unforeseen environmental hazard remediation from limitation on authorized cost variations.

Sec. 2803. Repeal of annual reporting requirement on military construction and

military family housing activities. Sec. 2804. Funds for housing allowances of members assigned to military family

housing under alternative authority for acquisition and improvement

of military housing. Sec. 2805. Extension of alternative authority for acquisition and improvement of

military housing. Sec. 2806. Treatment of financing costs as allowable expenses under contracts for

utility services from utility systems conveyed under privatization initiative.

Subtitle B—Real Property and Facilities Administration

Sec. 2811. Use of military installations for certain recreational activities.

Sec. 2812. Availability of proceeds of sales of Department of Defense property from

certain closed military installations. Sec. 2813. Pilot program to provide additional tools for efficient operation of military installations. Sec. 2814. Demonstration program on reduction in long-term facility maintenance

costs.

115 STAT. 1304 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas.

Subtitle C—Implementation of Prior Base Closure and Realignment

Rounds

Sec. 2821. Lease back of base closure property.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorage,

Alaska.

Sec. 2832. Lease authority, Fort DeRussy, Hawaii.

Sec. 2833. Modification of land exchange, Rock Island Arsenal, Illinois.

Sec. 2834. Land conveyance, Fort Des Moines, Iowa.

Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey.

Sec. 2836. Land conveyance, Engineer Proving Ground, Fort Belvoir, Virginia.

Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington.

Sec. 2838. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin.

PART II—NAVY CONVEYANCES

Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt

County, California.

Sec. 2842. Land conveyance, Port of Long Beach, California.

Sec. 2843. Conveyance of pier, Naval Base, San Diego, California.

Sec. 2844. Modification of authority for conveyance of Naval Computer and Telecommunications Station, Cutler, Maine.

Sec. 2845. Land transfer and conveyance, Naval Security Group Activity, Winter

Harbor, Maine.

Sec. 2846. Land acquisition, Perquimans County, North Carolina.

Sec. 2847. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo,

Ohio.

Sec. 2848. Modification of land conveyance, former United States Marine Corps Air

Station, Eagle Mountain Lake, Texas.

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Conveyance of avigation easements, former Norton Air Force Base, California.

Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado.

Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam.

Sec. 2854. Conveyance of segment of Loring petroleum pipeline, Maine, and related

easements.

Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air Force

Base and Bangor Air National Guard Base, Maine.

Sec. 2856. Land conveyances, certain former Minuteman III ICBM facilities in

North Dakota.

Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina.

Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett, Washington.

Subtitle E—Other Matters

Sec. 2861. Management of the Presidio of San Francisco.

Sec. 2862. Transfer of jurisdiction for development of Air Force morale, welfare,

and recreation facility, Park City, Utah.

Sec. 2863. Alternate site for United States Air Force Memorial, preservation of

open space on Arlington Ridge tract, and related land transfer at Arlington National Cemetery, Virginia.

Sec. 2864. Establishment of memorial to victims of terrorist attack on Pentagon

Reservation and authority to accept monetary contributions for memorial and repair of Pentagon.

Sec. 2865. Repeal of limitation on cost of renovation of Pentagon Reservation.

Sec. 2866. Development of United States Army Heritage and Education Center at

Carlisle Barracks, Pennsylvania.

Sec. 2867. Effect of limitation on construction of roads or highways, Marine Corps

Base, Camp Pendleton, California.

Sec. 2868. Establishment of World War II memorial at additional location on

Guam.

Sec. 2869. Demonstration project for purchase of fire, security, police, public works,

and utility services from local government agencies.

Sec. 2870. Report on future land needs of United States Military Academy, New

York, and adjacent community.

Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness Center,

Oxford, Mississippi.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1305

Subtitle A—Military Construction Program

and Military Family Housing Changes

SEC. 2801. INCREASE IN THRESHOLDS FOR CERTAIN UNSPECIFIED

MINOR MILITARY CONSTRUCTION PROJECTS.

(a) PROJECTS REQUIRING ADVANCE APPROVAL OF SECRETARY

CONCERNED.—Subsection (b)(1) of section 2805 of title 10, United

States Code, is amended by striking ‘‘$500,000’’ and inserting ‘‘$750,000’’. (b) PROJECTS USING AMOUNTS FOR OPERATION AND MAINTE- NANCE.—Subsection (c)(1) of that section is amended— (1) in subparagraph (A), by striking ‘‘$1,000,000’’ and

inserting ‘‘$1,500,000’’; and

(2) in subparagraph (B), by striking ‘‘$500,000’’ and

inserting ‘‘$750,000’’.

SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD

REMEDIATION FROM LIMITATION ON AUTHORIZED COST

VARIATIONS.

Subsection (d) of section 2853 of title 10, United States Code,

is amended to read as follows:

‘‘(d) The limitation on cost increases in subsection (a) does

not apply to the following:

‘‘(1) The settlement of a contractor claim under a contract.

‘‘(2) The costs associated with the required remediation

of an environmental hazard in connection with a military

construction project or military family housing project, such

as asbestos removal, radon abatement, lead-based paint

removal or abatement, or any other legally required environmental hazard remediation, if the required remediation could

not have reasonably been anticipated at the time the project

was approved originally by Congress.’’.

SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT ON MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING

ACTIVITIES.

(a) REPEAL.—Section 2861 of title 10, United States Code, is

repealed.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 169 of such title is amended

by striking the item relating to section 2861.

SEC. 2804. FUNDS FOR HOUSING ALLOWANCES OF MEMBERS

ASSIGNED TO MILITARY FAMILY HOUSING UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

(a) IN GENERAL.—Subchapter IV of chapter 169 of title 10,

United States Code, is amended by inserting after section 2883

the following new section:

‘‘§ 2883a. Funds for housing allowances of members of the

armed forces assigned to certain military family

housing units

‘‘(a) AUTHORITY TO TRANSFER FUNDS TO COVER HOUSING

ALLOWANCES.—During the fiscal year in which a contract is

awarded for the acquisition or construction of military family

115 STAT. 1306 PUBLIC LAW 107–107—DEC. 28, 2001

housing units under this subchapter that are not to be owned

by the United States, the Secretary of Defense may transfer the

amount determined under subsection (b) with respect to such

housing from appropriations available for support of military

housing for the armed force concerned for that fiscal year to appropriations available for pay and allowances of military personnel

of that same armed force for that same fiscal year.

‘‘(b) AMOUNT TRANSFERRED.—The total amount authorized to

be transferred under subsection (a) in connection with a contract

under this subchapter may not exceed an amount equal to any

additional amounts payable during the fiscal year in which the

contract is awarded to members of the armed forces assigned to

the acquired or constructed housing units as basic allowance for

housing under section 403 of title 37 that would not otherwise

have been payable to such members if not for assignment to such

housing units.

‘‘(c) TRANSFERS SUBJECT TO APPROPRIATIONS.—The transfer of

funds under the authority of subsection (a) is limited to such

amounts as may be provided in advance in appropriations Acts.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of that subchapter is amended by inserting after the item

relating to section 2883 the following new item:

‘‘2883a. Funds for housing allowances of members of the armed forces assigned to

certain military family housing units.’’.

SEC. 2805. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING.

Section 2885 of title 10, United States Code, is amended by

striking ‘‘2004’’ and inserting ‘‘2012’’.

SEC. 2806. TREATMENT OF FINANCING COSTS AS ALLOWABLE

EXPENSES UNDER CONTRACTS FOR UTILITY SERVICES

FROM UTILITY SYSTEMS CONVEYED UNDER PRIVATIZATION INITIATIVE.

(a) EVALUATION OF FEDERAL ACQUISITION REGULATION.—The

Secretary of Defense shall conduct an evaluation of the Federal

Acquisition Regulation to determine whether or not it is advisable

to modify the Federal Acquisition Regulation to provide that a

contract for utility services from a utility system conveyed under

section 2688(a) of title 10, United States Code, may include terms

and conditions that recognize financing costs, such as return on

equity and interest on debt, as an allowable expense when incurred

by the conveyee of the utility system to acquire, operate, renovate,

replace, upgrade, repair, or expand the utility system. The Secretary

shall complete the evaluation not later than 90 days after the

date of the enactment of this Act.

(b) SUBMISSION OF RECOMMENDATION TO FEDERAL ACQUISITION

REGULATORY COUNCIL.—If the Secretary determines under subsection (a) that it is advisable to modify the Federal Acquisition

Regulation to provide that a contract described in such subsection

may include terms and conditions described in such subsection,

the Secretary shall submit the results of the evaluation to the

Federal Acquisition Regulatory Council together with a recommendation regarding the amendments to the Federal Acquisition

Regulation necessary to effectuate the modification.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1307

Subtitle B—Real Property and Facilities

Administration

SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN RECREATIONAL ACTIVITIES.

(a) WAIVER AUTHORITY.—Section 2671 of title 10, United States

Code, is amended—

(1) in subsection (b), by striking ‘‘(b)’’ and inserting ‘‘(e)

REGULATIONS.—’’ and transferring the subsection to the end

of the section; and

(2) by inserting after subsection (a) the following new subsection (b):

‘‘(b) WAIVER AUTHORITY.—(1) The Secretary of Defense may

waive or otherwise modify the fish and game laws of a State

or Territory otherwise applicable under subsection (a)(1) to hunting,

fishing, or trapping at a military installation or facility if the

Secretary determines that the application of such laws to such

hunting, fishing, or trapping without modification could result in

undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the

authority to extend, but not reduce, the specified season for certain

hunting, fishing, or trapping. The Secretary may not waive the

requirements under subsection (a)(2) regarding a license for such

hunting, fishing, or trapping or any fee imposed by a State or

Territory to obtain such a license.

‘‘(2) If the Secretary determines that a waiver of fish and

game laws of a State or Territory is appropriate under paragraph

(1), the Secretary shall provide written notification to the appropriate State or Territory officials stating the reasons for, and extent

of, the waiver. The notification shall be provided at least 30 days

before implementation of the waiver.’’.

(b) CLERICAL AMENDMENTS.—Such section is further amended—

(1) in subsection (a), by inserting ‘‘GENERAL REQUIREMENTS

FOR HUNTING, FISHING, AND TRAPPING.—’’ after ‘‘(a)’’;

(2) in subsection (c), by inserting ‘‘VIOLATIONS.—’’ after

‘‘(c)’’; and

(3) in subsection (d), by inserting ‘‘RELATION TO TREATY

RIGHTS.—’’ after ‘‘(d)’’.

SEC. 2812. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT

OF DEFENSE PROPERTY FROM CERTAIN CLOSED MILITARY INSTALLATIONS.

(a) MODIFICATION OF AVAILABILITY PERCENTAGES.—Subsection

(h)(2) of section 204 of the Federal Property and Administrative

Services Act of 1949 (40 U.S.C. 485) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs:

‘‘(A) In the case of property located at a military installation

that is closed, such amount shall be available for facility

maintenance and repair or environmental restoration by the

military department that had jurisdiction over such property

before the closure of the military installation.

‘‘(B) In the case of property located at any other military

installation—

115 STAT. 1308 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(i) 50 percent of such amount shall be available for

facility maintenance and repair or environmental restoration at the military installation where such property was

located before it was disposed of or transferred; and

‘‘(ii) 50 percent of such amount shall be available for

facility maintenance and repair and for environmental restoration by the military department that had jurisdiction

over such property before it was disposed of or transferred.’’.

(b) RELATION TO OTHER LAWS.—Subsection (h) of such section

is further amended— (1) in paragraph (1), by inserting ‘‘pursuant to a base

closure law’’ after ‘‘realignment’’ in the first sentence; and

(2) in paragraph (5), by inserting before the period at

the end the following: ‘‘, and the term ‘base closure law’ shall

have the meaning given that term in section 2667(h)(2) of

such title’’.

SEC. 2813. PILOT PROGRAM TO PROVIDE ADDITIONAL TOOLS FOR

EFFICIENT OPERATION OF MILITARY INSTALLATIONS.

(a) INITIATIVE AUTHORIZED.—The Secretary of Defense may

carry out a pilot program (to be known as the ‘‘Pilot Efficient

Facilities Initiative’’) for purposes of determining the potential for

increasing the efficiency and effectiveness of the operation of military installations.

(b) DESIGNATION OF PARTICIPATING MILITARY INSTALLATIONS.—

(1) The Secretary of Defense may designate up to two military

installations of each military department for participation in the

Initiative.

(2) Before designating a military installation under paragraph

(1), the Secretary shall consult with employees at the installation

and communities in the vicinity of the installation regarding the

Initiative.

(3) The Secretary shall transmit to Congress written notification

of the designation of a military installation to participate in the

Initiative not later than 30 days before taking any action to carry

out the Initiative at the installation. The notification shall include

a description of the steps taken by the Secretary to comply with

paragraph (2).

(c) MANAGEMENT PLAN.—(1) As part of the notification required

under subsection (b), the Secretary of Defense shall submit a

management plan for the Initiative at the military installation

designated in the notification.

(2) The management plan for a designated military installation

shall include a description of—

(A) each proposed lease of real or personal property located

at the military installation;

(B) each proposed disposal of real or personal property

located at the installation;

(C) each proposed leaseback of real or personal property

leased or disposed of at the installation;

(D) each proposed conversion of services at the installation

from Federal Government performance to non-Federal Government performance, including performance by contract with a

State or local government or private entity or performance

as consideration for the lease or disposal of property at the

installation; and

Notification.

Deadline.

10 USC 2661

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1309

(E) each other action proposed to be taken to improve

mission effectiveness and reduce the cost of providing quality

installation support at the installation.

(3) With respect to each proposed action described under paragraph (2), the management plan shall include—

(A) an estimate of the savings expected to be achieved

as a result of the action;

(B) each regulation not required by statute that is proposed

to be waived to implement the action; and

(C) each statute or regulation required by statute that

is proposed to be waived to implement the action, including—

(i) an explanation of the reasons for the proposed

waiver; and

(ii) a description of the action to be taken to protect

the public interests served by the statute or regulation,

as the case may be, in the event of the waiver.

(4) The management plan shall include measurable criteria

for the evaluation of the effects of the actions taken pursuant

to the Initiative at the designated military installation.

(d) WAIVER OF STATUTORY REQUIREMENTS.—The Secretary of

Defense may waive any statute, or regulation required by statute,

for purposes of carrying out the Initiative only if specific authority

for the waiver of such statute or regulation is provided in a law

that is enacted after the date of the enactment of this Act.

(e) INSTALLATION EFFICIENCY INITIATIVE FUND.—(1) There is

established on the books of the Treasury a fund to be known

as the ‘‘Installation Efficiency Initiative Fund’’.

(2) There shall be deposited in the Fund all cash rents, payments, reimbursements, proceeds, and other amounts from leases,

sales, or other conveyances or transfers, joint activities, and other

actions taken under the Initiative.

(3) To the extent provided in advance in authorization Acts

and appropriations Acts, amounts in the Fund shall be available

to the Secretary of Defense for purposes of managing capital assets

and providing support services at military installations participating in the Initiative. Amounts in the Fund may be used for

such purposes in addition to, or in combination with, other amounts

authorized to be appropriated for such purposes. Amounts in the

Fund shall be available for such purposes for five years.

(4) Subject to applicable financial management regulations,

the Secretary shall structure the Fund, and provide administrative

policies and procedures, in order to provide proper control of

deposits in and disbursements from the Fund.

(f) REPORT.—Not later than December 31, 2004, the Secretary

of Defense shall submit to Congress a report on the Initiative.

The report shall contain a description of the actions taken under

the Initiative and include such other information, including recommendations, as the Secretary considers appropriate regarding

the Initiative.

(g) DEFINITIONS.—In this section:

(1) The term ‘‘Initiative’’ means the Pilot Efficient Facilities

Initiative.

(2) The term ‘‘Fund’’ means the Installation Efficiency Initiative Fund.

(3) The term ‘‘military installation’’ has the meaning given

such term in section 2687(e) of title 10, United States Code.

Deadline.

Establishment.

115 STAT. 1310 PUBLIC LAW 107–107—DEC. 28, 2001

(h) TERMINATION.—The authority of the Secretary of Defense

to carry out the Initiative shall terminate December 31, 2005.

SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN LONGTERM FACILITY MAINTENANCE COSTS.

(a) AUTHORITY TO CARRY OUT PROGRAM.—The Secretary of

the Army may conduct a demonstration program to assess the

feasibility and desirability of including facility maintenance requirements in construction contracts for military construction projects

for the purpose of determining whether such requirements facilitate

reductions in the long-term facility maintenance costs of the military

departments.

(b) CONTRACTS.—Not more than three contracts entered into

in any year may contain requirements referred to in subsection

(a) for the purpose of the demonstration program. The demonstration program may only cover contracts entered into on or after

the date of the enactment of this Act.

(c) EFFECTIVE PERIOD OF REQUIREMENTS.—The effective period

of a requirement referred to in subsection (a) that is included

in a contract for the purpose of the demonstration program may

not exceed five years.

(d) REPORTING REQUIREMENTS.—Not later than January 31,

2005, the Secretary of the Army shall submit to Congress a report

on the demonstration program, including the following:

(1) A description of all contracts that contain requirements

referred to in subsection (a) for the purpose of the demonstration program.

(2) An evaluation of the demonstration program and a

description of the experience of the Secretary with respect

to such contracts.

(3) Any recommendations, including recommendations for

the termination, continuation, or expansion of the demonstration program, that the Secretary considers appropriate.

(e) EXPIRATION.—The authority under subsection (a) to include

requirements referred to in that subsection in contracts under the

demonstration program shall expire on September 30, 2006.

(f) FUNDING.—Amounts authorized to be appropriated for the

Army for a fiscal year for military construction shall be available

for the demonstration program under this section in such fiscal

year.

SEC. 2815. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE,

TEXAS.

(a) ADMINISTRATION OF PROJECT.—Section 136(m)(9) of the Military Construction Appropriations Act, 2001 (division A of Public

Law 106–246; 114 Stat. 524), is amended by striking ‘‘, who shall

be a civilian official of the Department appointed by the President

with the advice and consent of the Senate’’. (b) INDEMNIFICATION OF TRANSFEREES.—Not later than March

1, 2002, the Secretary of Defense shall submit to Congress a report

evaluating the base efficiency project conducted under section 136

of the Military Construction Appropriations Act, 2001 (division A

of Public Law 106–246; 114 Stat. 520). The evaluation shall address

whether the disposal of real property under subsection (e) or other

provisions of that section requires any additional authority for

the Secretary beyond the authority provided under existing law

to hold harmless, defend, and indemnify the recipients of the property against claims arising out of Department of Defense activities

Deadline.

Deadline.

10 USC 2809

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1311

on the property before disposal. If the Secretary determines that

inclusion of such an indemnity provision would facilitate activities

under the base efficiency project, the Secretary shall include a

recommendation in the report regarding the nature and extent

of the indemnification to be provided.

Subtitle C—Implementation of Prior Base

Closure and Realignment Rounds

SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.

(a) 1988 LAW.—Section 204(b)(4) of the Defense Authorization

Amendments and Base Closure and Realignment Act (Public Law

100–526; 10 U.S.C. 2687 note) is amended— (1) by redesignating subparagraphs (E), (F), (G), (H), and

(I) as subparagraphs (F), (G), (H), (I), and (J), respectively;

and

(2) by inserting after subparagraph (D) the following new

subparagraph (E):

‘‘(E)(i) The Secretary may transfer real property at an installation approved for closure or realignment under this title (including

property at an installation approved for realignment which will

be retained by the Department of Defense or another Federal agency

after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon

transfer, one or more portions of the property transferred under

this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall

apply to a transfer under this subparagraph.

‘‘(ii) A lease under clause (i) shall be for a term of not to

exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned.

‘‘(iii) A lease under clause (i) may not require rental payments

by the United States.

‘‘(iv) A lease under clause (i) shall include a provision specifying

that if the department or agency concerned ceases requiring the

use of the leased property before the expiration of the term of

the lease, the remainder of the lease term may be satisfied by

the same or another department or agency of the Federal Government using the property for a use similar to the use under the

lease. Exercise of the authority provided by this clause shall be

made in consultation with the redevelopment authority concerned.

‘‘(v) Notwithstanding clause (iii), if a lease under clause (i)

involves a substantial portion of the installation, the department

or agency concerned may obtain facility services for the leased

property and common area maintenance from the redevelopment

authority or the redevelopment authority’s assignee as a provision

of the lease. The facility services and common area maintenance

shall be provided at a rate no higher than the rate charged to

non-Federal tenants of the transferred property. Facility services

and common area maintenance covered by the lease shall not

include—

‘‘(I) municipal services that a State or local government

is required by law to provide to all landowners in its jurisdiction

without direct charge; or

‘‘(II) firefighting or security-guard functions.’’.

115 STAT. 1312 PUBLIC LAW 107–107—DEC. 28, 2001

(b) 1990 LAW.—Section 2905(b)(4)(E) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public

Law 101–510; 10 U.S.C. 2687 note) is amended by adding at the

end the following new clause: ‘‘(v) Notwithstanding clause (iii), if a lease under clause (i)

involves a substantial portion of the installation, the department

or agency concerned may obtain facility services for the leased

property and common area maintenance from the redevelopment

authority or the redevelopment authority’s assignee as a provision

of the lease. The facility services and common area maintenance

shall be provided at a rate no higher than the rate charged to

non-Federal tenants of the transferred property. Facility services

and common area maintenance covered by the lease shall not

include—

‘‘(I) municipal services that a State or local government

is required by law to provide to all landowners in its jurisdiction

without direct charge; or ‘‘(II) firefighting or security-guard functions.’’.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

SEC. 2831. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE

TANK FARM, ANCHORAGE, ALASKA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey to the Port of Anchorage, an entity of the Municipality

of Anchorage, Alaska (in this section referred to as the ‘‘Port’’),

all right, title, and interest of the United States in and to two

adjoining parcels of real property, including any improvements

thereon, consisting of approximately 48 acres in Anchorage, Alaska,

which are known as the Whittier-Anchorage Pipeline Tank Farm,

for the purpose of permitting the Port to use the parcels for economic

development.

(b) CONSIDERATION.—As consideration for the conveyance under

subsection (a), the Port shall pay to the United States an amount,

in cash or in-kind, equal to not less than the fair market value

of the conveyed property, as determined by the Secretary. The

Secretary may authorize the Port to carry out, as in-kind consideration, environmental remediation activities for the property to be

conveyed.

(c) TIME FOR CONVEYANCE.—The Secretary may delay the

conveyance under subsection (a) until such time as the Army studies

relating to the Alaska deployment of the Interim Brigade Combat

Team in Alaska are completed.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of the survey shall be borne by the Port.

(e) 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.

SEC. 2832. LEASE AUTHORITY, FORT DERUSSY, HAWAII.

(a) LEASE AUTHORIZED.—Notwithstanding section 809 of the

Military Construction Authorization Act, 1968 (Public Law 90–

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1313

110; 81 Stat. 309), and section 2814(b) of the Military Construction

Authorization Act, 1989 (Public Law 100–456; 102 Stat. 2117),

the Secretary of the Army may enter into a lease with the City

and County of Honolulu, Hawaii, for the purpose of making available to the City and County a parcel of real property at Fort

DeRussy, Hawaii, for the construction and operation of a parking

facility. The size and location of the parcel shall be determined

by the Secretary.

(b) TERMS AND CONDITIONS.—The lease under subsection (a)

may be for such term of years, require such consideration, and

contain such other terms and conditions as the Secretary considers

appropriate to protect the interests of the United States.

(c) RELATIONSHIP TO OTHER LEASE AUTHORITY.—Section 2667

of title 10, United States Code, shall not apply to the lease under

subsection (a).

(d) DISPOSITION OF MONEY RENTALS.—All money rentals

received pursuant to the lease under subsection (a) shall be— (1) retained by the Secretary;

(2) credited to an appropriation account that supports the

operation and maintenance of Fort DeRussy; and

(3) available for such purpose until expended.

SEC. 2833. MODIFICATION OF LAND EXCHANGE, ROCK ISLAND

ARSENAL, ILLINOIS.

(a) ADDITIONAL CONVEYANCE AUTHORIZED.—Subsection (a) of

section 2832 of the Military Construction Authorization Act for

Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 857)

is amended—

(1) by inserting ‘‘(1)’’ after ‘‘CONVEYANCE AUTHORIZED.—’’; and

(2) by adding at the end the following new paragraph:

‘‘(2) The Secretary may convey to the City all right, title,

and interest of the United States in and to an additional parcel

of real property, including improvements thereon, at the Rock Island

Arsenal consisting of approximately .513 acres.’’. (b) CONSIDERATION.—Subsection (b) of such section is

amended—

(1) by inserting ‘‘(1)’’ after ‘‘CONSIDERATION.—’’;

(2) by striking ‘‘subsection (a)’’ both places it appears and

inserting ‘‘subsection (a)(1)’’; and

(3) by adding at the end the following new paragraph:

‘‘(2) As consideration for the conveyance under subsection (a)(2),

the City shall convey to the Secretary all right, title, and interest

of the City in and to a parcel of real property consisting of approximately .063 acres and construct on the parcel, at the City’s expense,

a new access ramp to the Rock Island Arsenal.’’.

SEC. 2834. LAND CONVEYANCE, FORT DES MOINES, IOWA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey, without consideration, to Fort Des Moines Memorial Park,

Inc., a nonprofit organization (in this section referred to as the

‘‘Memorial Park’’), all right, title, and interest of the United States

in and to a parcel of real property, including improvements thereon,

consisting of approximately 4.6 acres located at Fort Des Moines

United States Army Reserve Center, Des Moines, Iowa, for the

purpose of the establishment of the Fort Des Moines Memorial

Park and Education Center.

115 STAT. 1314 PUBLIC LAW 107–107—DEC. 28, 2001

(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the Memorial

Park use the property for museum and park purposes.

(c) REVERSION.—If the Secretary determines at any time that

the real property conveyed under subsection (a) is not being used

for museum and park purposes, all right, title, and interest in

and to the real property, including any improvements thereon,

shall revert to the United States, and the United States shall

have the right of immediate entry thereon.

(d) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The

Memorial Park shall reimburse the Secretary for the excess costs

incurred by the Secretary for any environmental assessment, study,

or analysis, or for any other excess costs incurred by the Secretary,

in connection with the conveyance authorized by this section, if

the excess costs were incurred as a result of a request by the

Memorial Park. In this paragraph, the term ‘‘excess costs’’ means

costs in excess of those costs considered reasonable and necessary

by the Secretary to comply with existing law to make the conveyance

authorized by subsection (a).

(2) Section 2695(c) of title 10, United States Code, shall apply

to any amount received under this subsection.

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Secretary.

The cost of the survey shall be borne by the Memorial Park.

(f) 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.

SEC. 2835. MODIFICATION OF LAND CONVEYANCES, FORT DIX, NEW

JERSEY.

Section 2835(c) of the Military Construction Authorization Act

for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat.

2004) is amended by adding at the end the following new paragraph: ‘‘(3) Notwithstanding paragraph (1) or (2), the Borough and

Board may exchange between each other, without the consent of

the Secretary, all or any portion of the property conveyed under

subsection (a) so long as the property continues to be used by

the grantees for economic development or educational purposes.’’.

SEC. 2836. LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT

BELVOIR, VIRGINIA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may

convey to the Commonwealth of Virginia (in this section referred

to as the ‘‘Commonwealth’’) all right, title, and interest of United

States in and to two parcels of real property, including any improvements thereon, located at the Engineer Proving Ground, Fort

Belvoir, Virginia, as follows:

(1) The parcel, consisting of approximately 170 acres, that

is to be used for construction of a portion of the Fairfax County

Parkway.

(2) The parcel, consisting of approximately 11.45 acres,

that is subject to an easement previously granted to the

Commonwealth as Army easement DACA 31–3–96–440 for the

construction of a portion of Interstate Highway 95.

(b) CONSIDERATION.—As consideration for the conveyance under

subsection (a), the Commonwealth shall—

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1315

(1) design and construct, at its expense and for public

benefit, the portion of the Fairfax County Parkway through

the Engineer Proving Ground;

(2) provide a conceptual design for eventual incorporation

and construction by others of access into the Engineer Proving

Ground at the Rolling Road Interchange from Fairfax County

Parkway as specified in Virginia Department of Transportation

Project #R000–029–249, C514;

(3) provide such easements or rights of way for utilities

under or across the Fairfax County Parkway as the Secretary

considers appropriate for the optimum development of the Engineer Proving Ground; and

(4) pay the United States an amount, jointly determined

by the Secretary and the Commonwealth, appropriate to cover

the costs of constructing a replacement building for building

5089 located on the Engineer Proving Ground.

(c) RESPONSIBILITY FOR ENVIRONMENTAL CLEANUP.—The Secretary shall retain liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42

U.S.C. 9601 et seq.), and any other applicable environmental statute

or regulation, for any environmental hazard on the property conveyed under subsection (a) as of the date of the conveyance under

that subsection.

(d) ACCEPTANCE AND DISPOSITION OF FUNDS.—(1) The Secretary

of the Army may accept the funds paid by the Commonwealth

as consideration under subsection (b)(4) and shall credit the

accepted funds to the appropriation or appropriations that are

appropriate for paying the costs of the replacement of Building

5089, located on the Engineer Proving Ground, Fort Belvoir, Virginia, consistent with paragraphs (2) and (3) of this subsection.

(2) Funds accepted under paragraph (1) shall be available,

until expended, for the replacement of Building 5089.

(3) Funds appropriated pursuant to the authorization of appropriations in section 301(a)(1), and funds appropriated pursuant

to the authorization of appropriations in section 2104(a)(4), shall

be available in accordance with section 2805 of title 10, United

States Code, for the excess, if any, of the cost of the replacement

of Building 5089 over the amount available for such project under

paragraph (2).

(e) DESCRIPTION OF PROPERTY.—(1) The exact acreage and legal

description of the real property to be conveyed under subsection

(a)(1) shall be determined by a survey satisfactory to the Secretary.

The cost of the survey shall be borne by the Commonwealth.

(2) The exact acreage and legal description of the real property

to be conveyed under subsection (a)(2) are as set forth in Army

easement DACA 31–3–96–440.

(f) 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.

SEC. 2837. LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS,

WASHINGTON.

(a) EXCHANGE AUTHORIZED.—(1) The Secretary of the Army

may convey to the Nisqually Tribe, a federally recognized Indian

tribe whose tribal lands are located within the State of Washington,

all right, title, and interest of the United States in and to two

115 STAT. 1316 PUBLIC LAW 107–107—DEC. 28, 2001

parcels of real property, including any improvements thereon, consisting of approximately 138 acres at Fort Lewis, Washington, in

exchange for the real property described in subsection (b).

(2) The property authorized for conveyance under paragraph

(1) does not include Bonneville Power Administration transmission

facilities or the right of way described in subsection (c).

(b) CONSIDERATION.—As consideration for the conveyance under

subsection (a), the Nisqually Tribe shall— (1) acquire from Thurston County, Washington, several

parcels of real property consisting of approximately 416 acres

that are owned by the county, are located within the boundaries

of Fort Lewis, and are currently leased by the Army; and

(2) convey fee title over the acquired property to the Secretary.

(c) RIGHT-OF-WAY FOR BONNEVILLE POWER ADMINISTRATION.— The Secretary may use the authority provided in section 2668

of title 10, United States Code, to convey to the Bonneville Power

Administration a right-of-way that authorizes the Bonneville Power

Administration to use real property at Fort Lewis as a route for

the Grand Coulee-Olympia and Olympia-White River electric transmission lines and appurtenances for the purpose of facilitating

the removal of such transmission lines from tribal lands of the

Nisqually Tribe.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) and acquired under subsection (b) shall be determined by surveys

satisfactory to the Secretary and the Nisqually Tribe. The cost

of a survey shall be borne by the recipient of the property being

surveyed.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2838. LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE,

WISCONSIN.

(a) CONVEYANCE AUTHORIZED.—The Administrator of General

Services may convey, without consideration, to the City of

Kewaunee, Wisconsin (in this section referred to as the ‘‘City’’),

all right, title, and interest of the United States in and to a parcel

of Federal real property, including improvements thereon, that is

located at 401 5th Street in Kewaunee, Wisconsin, and contains

a surplus Army Reserve Center. After such conveyance, the property

may be used and occupied only by the City or by another local

or State government entity approved by the City.

(b) REVERSIONARY INTEREST.—(1) During the 20-year period

beginning on the date the Administrator makes the conveyance

under subsection (a), if the Administrator determines that the conveyed property is not being used and occupied in accordance with

such subsection, all right, title, and interest in and to the property,

including any improvements thereon, shall revert to the United

States.

(2) Upon reversion, the Administrator shall immediately proceed to a public sale of the property. The Administrator shall

deposit the net proceeds from the public sale in the land and

water conservation fund established under section 2 of the Land

and Water Conservation Fund Act of 1965 (16 U.S.C 460l–5).

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1317

(c) ADDITIONAL LIMITATION ON USE.—The property conveyed

under subsection (a) shall not be used for commercial purposes.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by a survey satisfactory to the Administrator. The cost of the survey shall be borne by the City.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Administrator

may require such additional terms and conditions in connection

with the conveyance under subsection (a) as the Administrator

considers appropriate to protect the interests of the United States.

PART II—NAVY CONVEYANCES

SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL

STATION, HUMBOLDT COUNTY, CALIFORNIA.

(a) TRANSFER AUTHORIZED.—The Secretary of the Navy may

transfer, without reimbursement, to the administrative jurisdiction

of the Secretary of the Interior the real property, including any

improvements thereon, consisting of the closed Centerville Beach

Naval Station in Humboldt County, California, for the purpose

of permitting the Secretary of the Interior to manage the real

property as open space or for other public purposes.

(b) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under this section shall

be determined by a survey satisfactory to the Secretary of the

Navy. The cost of the survey shall be borne by the Secretary

of the Interior.

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the

Navy may require such additional terms and conditions in connection with the transfer under subsection (a) as the Secretary of

the Navy considers appropriate to protect the interests of the United

States.

SEC. 2842. LAND CONVEYANCE, PORT OF LONG BEACH, CALIFORNIA.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may

convey to the City of Long Beach, California, acting by and through

its Board of Harbor Commissioners (in this section referred to

as the ‘‘City’’), all right, title, and interest of the United States

in and to up to 11.08 acres of real property, including any improvements thereon, comprising a portion of the Navy Mole at the former

Long Beach Naval Complex, Long Beach, California, for the purpose

of permitting the City to use the property to support the reuse

of other former Navy property conveyed to the City.

(b) CONSIDERATION.—(1) Subject to paragraph (2), as consideration for the conveyance under subsection (a), the City shall—

(A) convey to the Secretary all right, title, and interest

of the City in and to a parcel of real property of equal size

on the Mole that is acceptable to the Secretary; and

(B) construct on the property conveyed under subparagraph

(A) suitable replacement fuel transfer and storage facilities

for the Navy, similar or equivalent to the facilities on the

property to be conveyed under subsection (a), as determined

necessary by the Secretary.

(2) If the Secretary determines that replacement fuel transfer

and storage facilities are not required by the Navy, the Secretary

may make the conveyance under subsection (a) at no cost to the

City.

115 STAT. 1318 PUBLIC LAW 107–107—DEC. 28, 2001

(c) TIME FOR CONVEYANCE.—Unless the Secretary makes the

determination referred to in subsection (b)(2), the conveyance to

the City authorized by subsection (a) shall be made only after

the Secretary determines that the replacement fuel transfer and

storage facilities have been constructed and are ready for use.

(d) CONSTRUCTION SCHEDULE.—The City shall construct the

replacement fuel transfer and storage facilities pursuant to such

schedule and in such a manner so as to not interrupt or otherwise

adversely affect the capability of the Navy to accomplish its mission.

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsections

(a) and (b) shall be determined by surveys satisfactory to the

Secretary. The City shall be responsible for conducting the surveys.

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2843. CONVEYANCE OF PIER, NAVAL BASE, SAN DIEGO, CALIFORNIA.

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy

may convey, without consideration, to the San Diego Aircraft Carrier Museum or its designee (in this section referred to as the

‘‘Museum’’) all right, title, and interest of the United States in

and to the property known as Pier 11A at Naval Base, San Diego,

California, together with associated structures and interests in the

land underlying the pier, if any, for the purpose of permitting

the Museum to use the property to berth a vessel and operate

a museum for the general public.

(2) The Secretary may not make the conveyance until such

time as the Museum certifies that the Museum has acquired an

interest in property from the State of California or a political

subdivision of the State to facilitate the use of the conveyed pier

to berth a vessel and operate a museum for the general public.

(b) ASSUMPTION OF LIABILITY.—The Museum shall expressly

accept any and all liability pertaining to the physical condition

of the property conveyed under subsection (a) and shall hold the

United States harmless from any and all liability arising from

the property’s physical condition.

(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The

Museum shall reimburse the Secretary for the excess costs incurred

by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in

connection with the conveyance authorized by this section, if the

excess costs were incurred as a result of a request by the Museum.

In this paragraph, the term ‘‘excess costs’’ means costs in excess

of those costs considered reasonable and necessary by the Secretary

to comply with existing law to make the conveyance authorized

by subsection (a).

(2) Section 2695(c) of title 10, United States Code, shall apply

to any amount received by the Secretary under this subsection.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the property to be conveyed under subsection (a)

shall be determined by a survey satisfactory to the Secretary. The

cost of the survey shall be borne by the Museum.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1319

the conveyance under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2844. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF

NAVAL COMPUTER AND TELECOMMUNICATIONS STATION, CUTLER, MAINE.

Section 2853(a) of the Military Construction Authorization Act

for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A– 430) is amended by inserting ‘‘any or’’ before ‘‘all right’’.

SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY

GROUP ACTIVITY, WINTER HARBOR, MAINE.

(a) TRANSFER OF JURISDICTION OF SCHOODIC POINT PROPERTY

AUTHORIZED.—(1) The Secretary of the Navy may transfer to the

Secretary of the Interior administrative jurisdiction of a parcel

of real property, including any improvements thereon and appurtenances thereto, consisting of approximately 26 acres as generally

depicted as Tract 15–116 on the map entitled ‘‘Acadia National

Park Schoodic Point Area’’, numbered 123/80,418 and dated May

2001. The map shall be on file and available for inspection in

the appropriate offices of the National Park Service.

(2) The transfer authorized by this subsection shall occur, if

at all, concurrently with the reversion of administrative jurisdiction

of a parcel of real property consisting of approximately 71 acres,

as depicted as Tract 15–115 on the map referred to in paragraph

(1), from the Secretary of the Navy to the Secretary of the Interior

as authorized by Public Law 80–260 (61 Stat. 519) and to be

executed on or about June 30, 2002.

(b) CONVEYANCE OF COREA AND WINTER HARBOR PROPERTIES

AUTHORIZED.—The Secretary of the Navy may convey, without

consideration, to the State of Maine, any political subdivision of

the State of Maine, or any tax-supported agency in the State of

Maine, all right, title, and interest of the United States in and

to any of the parcels of real property, including any improvements

thereon and appurtenances thereto, consisting of approximately

485 acres and comprising the former facilities of the Naval Security

Group Activity, Winter Harbor, Maine, located in Hancock County,

Maine, less the real property described in subsection (a)(1), for

the purpose of economic redevelopment.

(c) TRANSFER OF PERSONAL PROPERTY.—The Secretary of the

Navy may transfer, without consideration, to the Secretary of the

Interior in the case of the real property transferred under subsection

(a), or to any recipient of such real property in the case of real

property conveyed under subsection (b), any or all personal property

associated with the real property so transferred or conveyed,

including any personal property required to continue the maintenance of the infrastructure of such real property (including the

generators for an uninterrupted power supply in building 154 at

the Corea site).

(d) MAINTENANCE OF PROPERTY PENDING CONVEYANCE.—(1)

The Secretary of the Navy shall maintain any real property,

including any improvements thereon, appurtenances thereto, and

supporting infrastructure, to be conveyed under subsection (b) in

accordance with the protection and maintenance standards specified

in section 101–47.4913 of title 41, Code of Federal Regulations,

until the earlier of—

(A) the date of the conveyance of such real property under

subsection (b); or

115 STAT. 1320 PUBLIC LAW 107–107—DEC. 28, 2001

(B) September 30, 2003.

(2) The requirement in paragraph (1) shall not be construed

as authority to improve the real property, improvements, and infrastructure referred to in that paragraph so as to bring such real

property, improvements, or infrastructure into compliance with any

zoning or property maintenance codes or to repair any damage

to such improvements and infrastructure caused by natural accident

or disaster.

(e) INTERIM LEASE.—(1) Until such time as any parcel of real

property to be conveyed under subsection (b) is conveyed by deed

under that subsection, the Secretary of the Navy may lease such

parcel to any person or entity determined by the Secretary to

be an appropriate lessee of such parcel.

(2) The amount of rent for a lease under paragraph (1) shall

be the amount determined by the Secretary to be appropriate,

and may be an amount less than the fair market value of the

lease.

(f) REIMBURSEMENT FOR ENVIRONMENTAL AND OTHER ASSESS- MENTS.—(1) The Secretary of the Navy may require each recipient

of real property conveyed under subsection (b) to reimburse the

Secretary for the excess costs incurred by the Secretary for any

environmental assessment, study, or analysis carried out by the

Secretary in connection with the conveyance of such property, if

the excess costs were incurred as a result of a request by the

recipient. In this paragraph, the term ‘‘excess costs’’ means costs

in excess of those costs considered reasonable and necessary by

the Secretary to comply with existing law to make the conveyance

to the recipient.

(2) Section 2695(c) of title 10, United States Code, shall apply

to any amount received by the Secretary under this subsection.

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property transferred under subsection (a),

and each parcel of real property conveyed under subsection (b),

shall be determined by a survey satisfactory to the Secretary of

the Navy. The cost of any survey for real property conveyed under

subsection (b) shall be borne by the recipient of the real property.

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the

Navy may require such additional terms and conditions in connection with any conveyance under subsection (b), and any lease under

subsection (e), as the Secretary considers appropriate to protect

the interests of the United States.

SEC. 2846. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH CAROLINA.

The Secretary of the Navy may, using funds previously appropriated for such purpose, acquire any and all right, title, and

interest in and to a parcel of real property, including improvements

thereon, consisting of approximately 240 acres, or any portion

thereof, in Perquimans County, North Carolina, for purposes of

including such parcel in the Harvey Point Defense Testing Activity,

Hertford, North Carolina.

SEC. 2847. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL

RESERVE PLANT, TOLEDO, OHIO.

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy

may convey, without consideration, to the Toledo-Lucas County

Port Authority, Ohio (in this section referred to as the ‘‘Port

Authority’’), any or all right, title, and interest of the United States

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1321

in and to a parcel of real property, including any improvements

thereon, consisting of approximately 29 acres and comprising the

Naval Weapons Industrial Reserve Plant, Toledo, Ohio.

(2) The Secretary may include in the conveyance under paragraph (1) such facilities, equipment, fixtures, and other personal

property located or based on the parcel conveyed under that paragraph, or used in connection with the parcel, as the Secretary

determines to be excess to the Navy.

(b) LEASE AUTHORITY.—Until such time as the real property

described in subsection (a)(1) is conveyed by deed, the Secretary

may lease such real property, and any personal property described

in subsection (a)(2), to the Port Authority in exchange for such

security, fire protection, and maintenance services as the Secretary

considers appropriate.

(c) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a), and any lease under subsection (b), shall be subject

to the conditions that the Port Authority—

(1) accept the real and personal property concerned in

their condition at the time of the conveyance or lease, as the

case may be; and

(2) except as provided in subsection (d), use the real and

personal property concerned, whether directly or through an

agreement with a public or private entity, for economic development or such other public purposes as the Port Authority

considers appropriate.

(d) SUBSEQUENT USE.—(1) Subject to the approval of the Secretary, the Port Authority may sublease real property or personal

property covered by a lease under subsection (b) to another person

for economic development or such other public purposes as the

Port Authority considers appropriate.

(2) Following the conveyance of real property under subsection

(a), the Port Authority may lease or reconvey the real property,

and any personal property conveyed with such real property under

that subsection, for economic development or such other public

purposes as the Port Authority considers appropriate.

(e) REIMBURSEMENT FOR COSTS OF CONVEYANCE AND LEASE.—

(1) The Port Authority shall reimburse the Secretary for the excess

costs incurred by the Secretary for any environmental assessment,

study, or analysis, or for any other excess costs incurred by the

Secretary, in connection with the conveyance authorized by this

section, if the excess costs were incurred as a result of a request

by the Port Authority. In this paragraph, the term ‘‘excess costs’’

means costs in excess of those costs considered reasonable and

necessary by the Secretary to comply with existing law to make

the conveyance authorized by subsection (a).

(2) Section 2695(c) of title 10, United States Code, shall apply

to any amount received by the Secretary under this subsection.

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a)(1), and an appropriate inventory or other description of the

personal property to be conveyed under subsection (a)(2), shall

be determined by a survey and other means satisfactory to the

Secretary. The cost of the survey shall be borne by the Port

Authority.

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

115 STAT. 1322 PUBLIC LAW 107–107—DEC. 28, 2001

the conveyance under subsection (a)(1), and any lease under subsection (b), as the Secretary considers appropriate to protect the

interests of the United States.

SEC. 2848. MODIFICATION OF LAND CONVEYANCE, FORMER UNITED

STATES MARINE CORPS AIR STATION, EAGLE MOUNTAIN

LAKE, TEXAS.

Section 5 of Public Law 85–258 (71 Stat. 583) is amended

by inserting before the period at the end the following: ‘‘or for

the protection, maintenance, and operation of other Texas National

Guard facilities’’.

PART III—AIR FORCE CONVEYANCES

SEC. 2851. CONVEYANCE OF AVIGATION EASEMENTS, FORMER

NORTON AIR FORCE BASE, CALIFORNIA.

(a) CONVEYANCE REQUIRED.—The Administrator of General

Services shall convey, without consideration, to the Inland Valley

Development Agency (the redevelopment authority for former

Norton Air Force Base, California) two avigation easements (identified as APN 289–231–08 and APN 289–232–08) held by the United

States.

(b) CONDITION OF CONVEYANCE.—The conveyance required by

subsection (a) shall be subject to the condition that, if the recipient

sells one or both of the easements conveyed under subsection (a),

the recipient shall pay to the United States an amount equal

to the lesser of—

(1) the sale price of the easement; or

(2) the fair market value of the easement.

(c) DURATION OF CONDITION.—The condition specified in subsection (b) shall apply only to a conveyance that occurs during

the 10-year period beginning on the date the Administrator makes

the conveyance required by subsection (a).

SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR

FORCE BASE, COLORADO.

The Secretary of the Air Force shall reevaluate the terms

and conditions of the pending negotiated sale agreement with the

Lowry Redevelopment Authority for certain real property at Lowry

Air Force Base, Colorado, in light of changed circumstances

regarding the property, including changes in the flood plain designations affecting some of the property, to determine whether the

changed circumstances warrant a reduction in the amount of consideration otherwise required under the agreement or other modifications to the agreement.

SEC. 2853. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE,

GUAM.

(a) AUTHORITY TO CONVEY.—In conjunction with the conveyance

of the water supply system for Andersen Air Force Base, Guam,

under the authority of section 2688 of title 10, United States Code,

and in accordance with all the requirements of that section, the

Secretary of the Air Force may convey all right, title, and interest

of the United States, or such lesser estate as the Secretary considers

appropriate to serve the interests of the United States, in the

water rights related to the following Air Force properties located

on Guam:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1323

(1) Andy South, also known as the Andersen Administrative

Annex.

(2) Marianas Bonins Base Command.

(3) Andersen Water Supply Annex, also known as the

Tumon Water Well or the Tumon Maui Well.

(b) ADDITIONAL REQUIREMENTS.—The Secretary may exercise

the authority contained in subsection (a) only if the Secretary—

(1) determines that adequate supplies of potable groundwater exist under the main base and northwest field portions

of Andersen Air Force Base to meet the current and longterm requirements of the installation for water;

(2) determines that such supplies of groundwater are

economically obtainable; and

(3) requires the conveyee of the water rights under subsection (a) to provide a water system capable of meeting the

water supply needs of the main base and northwest field portions of Andersen Air Force Base, as determined by the Secretary.

(c) INTERIM WATER SUPPLIES.—If the Secretary determines that

it is in the best interests of the United States to transfer title

to the water rights and utility systems at Andy South and Andersen

Water Supply Annex before placing into service a replacement

water system and well field on Andersen Air Force Base, the Secretary may require that the United States have the primary right

to all water produced from Andy South and Andersen Water Supply

Annex until the replacement water system and well field is placed

into service and operates to the satisfaction of the Secretary. In

exercising the authority provided by this subsection, the Secretary

may retain a reversionary interest in the water rights and utility

systems at Andy South and Andersen Water Supply Annex until

such time as the replacement water system and well field is placed

into service and operates to the satisfaction of the Secretary.

(d) SALE OF EXCESS WATER AUTHORIZED.—(1) As part of the

conveyance of water rights under subsection (a), the Secretary

may authorize the conveyee of the water system to sell to public

or private entities such water from Andersen Air Force Base as

the Secretary determines to be excess to the needs of the United

States. In the event the Secretary authorizes the conveyee to resell

water, the Secretary shall negotiate a reasonable return to the

United States of the value of such excess water sold by the conveyee,

which return the Secretary may receive in the form of reduced

charges for utility services provided by the conveyee.

(2) If the Secretary cannot meet the requirements of subsection

(b), and the Secretary determines to proceed with a water utility

system conveyance under section 2688 of title 10, United States

Code, without the conveyance of water rights, the Secretary may

provide in any such conveyance that the conveyee of the water

system may sell to public or private entities such water from

Andy South and Andersen Water Supply Annex as the Secretary

determines to be excess to the needs of the United States. The

Secretary shall negotiate a reasonable return to the United States

of the value of such excess water sold by the conveyee, which

return the Secretary may receive in the form of reduced charges

for utility services provided by the conveyee.

(e) TREATMENT OF WATER RIGHTS.—For purposes of section

2688 of title 10, United States Code, the water rights referred

115 STAT. 1324 PUBLIC LAW 107–107—DEC. 28, 2001

to in subsection (a) shall be considered as part of a utility system

(as that term is defined in subsection (h)(2) of such section).

SEC. 2854. CONVEYANCE OF SEGMENT OF LORING PETROLEUM PIPELINE, MAINE, AND RELATED EASEMENTS.

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force

may convey, without consideration, to the Loring Development

Authority, Maine (in this section referred to as the ‘‘Authority’’),

all right, title, and interest of the United States in and to the

segment of the Loring Petroleum (POL) Pipeline, Maine, consisting

of approximately 27 miles in length and running between the

Searsport terminal and Bangor Air National Guard Base.

(b) RELATED EASEMENTS.—As part of the conveyance authorized

by subsection (a), the Secretary may convey to the Authority, without consideration, all right, title, and interest of the United States

in and to any easements or rights-of-way necessary for the operation

or maintenance of the segment of pipeline conveyed under that

subsection.

(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The

Authority shall reimburse the Secretary for the excess costs incurred

by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in

connection with the conveyance authorized by this section, if the

excess costs were incurred as a result of a request by the Authority.

In this paragraph, the term ‘‘excess costs’’ means costs in excess

of those costs considered reasonable and necessary by the Secretary

to comply with existing law to make the conveyance authorized

by subsection (a).

(2) Section 2695(c) of title 10, United States Code, shall apply

to any amount received by the Secretary under this subsection.

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the segment of pipeline conveyed under subsection

(a), and of any easements or rights-of-way conveyed under subsection (b), shall be determined by surveys and other means satisfactory to the Secretary. The cost of any survey or other services

performed at the direction of the Secretary under the preceding

sentence shall be borne by the Authority.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States.

SEC. 2855. LAND CONVEYANCE, PETROLEUM TERMINAL SERVING

FORMER LORING AIR FORCE BASE AND BANGOR AIR

NATIONAL GUARD BASE, MAINE.

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air

Force may convey to the Maine Port Authority of the State of

Maine (in this section referred to as the ‘‘Authority’’) all right,

title, and interest of the United States in and to the Petroleum

Terminal (POL) at Mack Point, Searsport, Maine, which served

former Loring Air Force Base and Bangor Air National Guard

Base, Maine.

(2) The conveyance under paragraph (1) may include the following:

(A) A parcel of real property, including any improvements

thereon, consisting of approximately 20 acres and comprising

a portion of the Petroleum Terminal.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1325

(B) Any additional fuel tanks, other improvements, and

equipment located on the 43-acre parcel of property adjacent

to the property described in subparagraph (A), and leased by

the Secretary as of the date of the enactment of this Act,

which constitutes the remaining portion of the Petroleum Terminal.

(b) CONDITION OF CONVEYANCE.—The Secretary may not make

the conveyance under subsection (a) unless the Authority agrees

to utilize the property to be conveyed under that subsection solely

for economic development purposes.

(c) CONSIDERATION.—(1) As consideration for the conveyance

under subsection (a), the Authority shall lease to the Secretary

approximately one acre of the real property conveyed under that

subsection, together with any improvements thereon, that constitutes the Aerospace Fuels Laboratory (also known as Building

14).

(2) The real property leased under this subsection shall include

the parking lot, outbuildings, and other improvements associated

with the Aerospace Fuels Laboratory and such easements of ingress

and egress to the real property, including easements for utilities,

as are required for the operations of the Aerospace Fuels Laboratory.

(3) As part of the lease of real property under this subsection,

the Authority shall maintain around the real property for the

term of the lease a zone, not less than 75 feet in depth, free

of improvements or encumbrances.

(4) The lease under this subsection shall be without cost to

the United States.

(5) The term of the lease under this subsection may not exceed

25 years. If operations at the Aerospace Fuels Laboratory cease

before the expiration of the term of the lease otherwise provided

for under this subsection, the lease shall be deemed to have expired

upon the cessation of such operations.

(d) CONVEYANCE CONTINGENT ON EXPIRATION OF LEASE OF FUEL

TANKS.—The Secretary may not make the conveyance under subsection (a) until the expiration of the lease referred to in paragraph

(2)(B) of that subsection.

(e) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The

Authority shall reimburse the Secretary for the excess costs incurred

by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in

connection with the conveyance authorized by this section, if the

excess costs were incurred as a result of a request by the Authority.

In this paragraph, the term ‘‘excess costs’’ means costs in excess

of those costs considered reasonable and necessary by the Secretary

to comply with existing law to make the conveyance authorized

by subsection (a).

(2) Section 2695(c) of title 10, United States Code, shall apply

to any amount received by the Secretary under this subsection.

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property conveyed under subsection (a) shall

be determined by a survey satisfactory to the Secretary. The cost

of the survey shall be borne by the Authority.

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyance under subsection (a), and the lease under subsection

115 STAT. 1326 PUBLIC LAW 107–107—DEC. 28, 2001

(c), as the Secretary considers appropriate to protect the interests

of the United States.

SEC. 2856. LAND CONVEYANCES, CERTAIN FORMER MINUTEMAN III

ICBM FACILITIES IN NORTH DAKOTA.

(a) CONVEYANCES AUTHORIZED.—(1) The Secretary of the Air

Force may convey, without consideration, to the State Historical

Society of North Dakota (in this section referred to as the ‘‘Historical

Society’’) all right, title, and interest of the United States in and

to parcels of real property, together with any improvements thereon,

of the Minuteman III ICBM facilities of the former 321st Missile

Group at Grand Forks Air Force Base, North Dakota, as follows:

(A) The parcel consisting of the launch facility designated ‘‘November–33’’. (B) The parcel consisting of the missile alert facility and

launch control center designated ‘‘Oscar-O’’. (2) The purpose of the conveyance of the facilities is to provide

for the establishment of an historical site allowing for the preservation, protection, and interpretation of the facilities.

(b) CONSULTATION.—The Secretary shall consult with the Secretary of State and the Secretary of Defense in order to ensure

that the conveyances required by subsection (a) are carried out

in accordance with applicable treaties.

(c) HISTORICAL SITE.—The Secretary may, in cooperation with

the Historical Society, enter into one or more cooperative agreements with appropriate public or private entities or individuals

in order to provide for the establishment and maintenance of the

historic site referred to in subsection (a)(2).

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsection

(a) shall be determined by survey satisfactory to the Secretary.

The cost of the survey shall be borne by the Secretary.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyances under subsection (a) as the Secretary considers

appropriate to protect the interests of the United States.

SEC. 2857. LAND CONVEYANCES, CHARLESTON AIR FORCE BASE,

SOUTH CAROLINA.

(a) CONVEYANCE TO STATE OF SOUTH CAROLINA AUTHORIZED.— The Secretary of the Air Force may convey, without consideration,

to the State of South Carolina (in this section referred to as the

‘‘State’’), all right, title, and interest of the United States in and

to a portion (as determined under subsection (c)) of the real property, including any improvements thereon, consisting of approximately 24 acres at Charleston Air Force Base, South Carolina,

and comprising the Air Force Family Housing Annex. The purpose

of the conveyance is to facilitate the Remount Road Project.

(b) CONVEYANCE TO CITY OF NORTH CHARLESTON AUTHORIZED.—The Secretary may convey, without consideration, to the

City of North Charleston, South Carolina (in this section referred

to as the ‘‘City’’), all right, title, and interest of the United States

in and to a portion (as determined under subsection (c)) of the

real property, including any improvements thereon, referred to in

subsection (a). The purpose of the conveyance is to permit the

use of the property by the City for municipal purposes.

(c) DETERMINATION OF PORTIONS OF PROPERTY TO BE CON- VEYED.—(1) Subject to paragraph (2), the Secretary, the State,

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1327

and the City shall jointly determine the portion of the property

referred to in subsection (a) that is to be conveyed to the State

under subsection (a) and the portion of the property that is to

be conveyed to the City under subsection (b).

(2) In determining under paragraph (1) the portions of property

to be conveyed under this section, the portion to be conveyed to

the State shall be the minimum portion of the property required

by the State for the purpose specified in subsection (a), and the

portion to be conveyed to the City shall be the balance of the

property.

(d) LIMITATION ON CONVEYANCES.—The Secretary may not carry

out the conveyance of property authorized by subsection (a) or

(b) until the completion of an assessment of environmental contamination of the property authorized to be conveyed by such subsection

for purposes of determining responsibility for environmental remediation of such property.

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal

description of the real property to be conveyed under subsections

(a) and (b) shall be determined by surveys satisfactory to the

Secretary. The cost of the survey for the property to be conveyed

under subsection (a) shall be borne by the State, and the cost

of the survey for the property to be conveyed under subsection

(b) shall be borne by the City.

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the conveyances under subsections (a) and (b) as the Secretary

considers appropriate to protect the interests of the United States.

SEC. 2858. TRANSFER OF JURISDICTION, MUKILTEO TANK FARM,

EVERETT, WASHINGTON.

(a) TRANSFER AUTHORIZED.—The Secretary of the Air Force

shall transfer, without reimbursement, to the Secretary of Commerce administrative jurisdiction over a parcel of real property,

including improvements thereon, consisting of approximately 1.1

acres located at the Mukilteo Tank Farm in Everett, Washington,

and containing the Mukilteo Research Center facility of the National

Marine Fisheries Service.

(b) TIME FOR CONVEYANCE.—The Secretary of the Air Force

shall make the transfer under subsection (a) at the same time

that the Secretary makes the conveyance authorized by section

2866 of the Military Construction Authorization Act for Fiscal Year

2001 (division B of the Spence Act; 114 Stat. 1654A–436).

(c) EXCHANGE.—With the consent of the Port Authority for

Everett, Washington, the Secretary of Commerce may exchange

with the Port Authority all or any portion of the property transferred under subsection (a) for a parcel of real property of equal

area at the Mukilteo Tank Farm that is owned by the Port

Authority.

(d) ADMINISTRATION.—The Secretary of Commerce shall administer the property transferred under subsection (a) or received under

subsection (c) through the Administrator of the National Oceanic

and Atmospheric Administration as part of the Administration.

The Administrator shall use the property as the location of a

research facility, and may construct a new facility on the property

for such research purposes as the Administrator considers appropriate.

115 STAT. 1328 PUBLIC LAW 107–107—DEC. 28, 2001

(e) EFFECT OF FAILURE TO UTILIZE TRANSFERRED PROPERTY.— (1) If, after the 12-year period beginning on the date of the enactment of this Act, the Administrator is not using any portion of

the property transferred under subsection (a) or received under

subsection (c) for the purpose specified in subsection (d), the

Administrator shall convey, without consideration, to the Port

Authority for Everett, Washington, all right, title, and interest

in and to such portion of the real property, including improvements

thereon.

(2) The Port Authority shall use any real property conveyed

to the Port Authority under this subsection for development and

operation of a port facility and for other public purposes.

(f) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under subsection (a)

shall be determined by a survey satisfactory to the Secretary of

the Air Force. The cost of the survey shall be borne by the Secretary

of Commerce.

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the

Air Force may require such additional terms and conditions in

connection with the transfer under subsection (a) as the Secretary

of the Air Force considers appropriate to protect the interests of

the United States.

(h) CONFORMING AMENDMENT.—Section 2866(a) of the Military

Construction Authorization Act for Fiscal Year 2001 (division B

of the Spence Act; 114 Stat. 1654A–436) is amended by striking

‘‘22 acres’’ and inserting ‘‘20.9 acres’’.

Subtitle E—Other Matters

SEC. 2861. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO.

(a) AUTHORITY TO LEASE CERTAIN HOUSING UNITS FOR USE

AS ARMY HOUSING.—Title I of division I of the Omnibus Parks

and Public Lands Management Act of 1996 (Public Law 104–333;

16 U.S.C. 460bb note) is amended by adding at the end the following

new section:

‘‘SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING

UNITS WITHIN THE PRESIDIO.

‘‘(a) AVAILABILITY OF HOUSING UNITS FOR LONG-TERM ARMY

LEASE.—Subject to subsection (c), the Trust shall make available

for lease, to those persons designated by the Secretary of the Army

and for such length of time as requested by the Secretary of the

Army, 22 housing units located within the Presidio that are under

the administrative jurisdiction of the Trust and specified in the

agreement between the Trust and the Secretary of the Army in

existence as of the date of the enactment of this section.

‘‘(b) LEASE AMOUNT.—The monthly amount charged by the

Trust for the lease of a housing unit under this section shall

be equivalent to the monthly rate of the basic allowance for housing

that the occupant of the housing unit is entitled to receive under

section 403 of title 37, United States Code.

‘‘(c) CONDITION ON CONTINUED AVAILABILITY OF HOUSING

UNITS.—Effective after the end of the four-year period beginning

on the date of the enactment of this section, the Trust shall have

no obligation to make housing units available under subsection

(a) unless, during that four-year period, the Secretary of the

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1329

Treasury purchases new obligations of at least $80,000,000 issued

by the Trust under section 104(d)(2). In the event that this condition

is not satisfied, the existing agreement referred to in subsection

(a) shall be renewed on the same terms and conditions for an

additional five years.’’.

(b) INCREASED BORROWING AUTHORITY AND TECHNICAL CORREC- TIONS.—Paragraphs (2) and (3) of section 104(d) of title I of division

I of the Omnibus Parks and Public Lands Management Act of

1996, as amended by section 334 of appendix C of Public Law

106–113 (113 Stat. 1501A–198) and amended and redesignated

by section 101(13) of Public Law 106–176 (114 Stat. 25), are

amended—

(1) in paragraph (2), by striking ‘‘including a review of

the creditworthiness of the loan and establishment of a repayment schedule,’’ the second place it appears; and

(2) in paragraph (3)— (A) by striking ‘‘$50,000,000’’ and inserting ‘‘$150,000,000’’; and

(B) by striking ‘‘paragraph (3) of’’.

SEC. 2862. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF AIR

FORCE MORALE, WELFARE, AND RECREATION FACILITY,

PARK CITY, UTAH.

(a) TRANSFER AUTHORIZED.—(1) The Secretary of the Interior

may transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Air Force a parcel of real property

in Park City, Utah, including any improvements thereon, that consists of approximately 35 acres, is located on the north side of

State highway 248 in township 2 south, range 4 east, Salt Lake

meridian, and is designated as parcel 3 by the Bureau of Land

Management. The real property to be transferred under this paragraph does not include any lands located on the south side of

State highway 248.

(2) The transfer shall be subject to existing rights, except that

the Secretary of the Interior shall terminate any lease with respect

to the parcel issued under the Act of June 14, 1926 (commonly

known as the Recreation and Public Purposes Act; 43 U.S.C. 689

et seq.), and still in effect as of the date of the enactment of

this Act.

(b) USE OF TRANSFERRED LAND.—(1) The Secretary of the Air

Force may use the real property transferred under subsection (a)

as the location for an Air Force morale, welfare, and recreation

facility to be developed using nonappropriated funds.

(2) The Secretary of the Air Force may return the transferred

property (or property acquired in exchange for the transferred property under subsection (c)) to the administrative jurisdiction of the

Secretary of the Interior at any time upon certifying that development of the morale, welfare, and recreation facility would not be

in the best interests of the Government.

(c) SUBSEQUENT CONVEYANCE AUTHORITY.—(1) In lieu of developing the Air Force morale, welfare, and recreation facility on

the real property transferred under subsection (a), the Secretary

of the Air Force may convey or lease the property to the State

of Utah, a local government, or a private entity in exchange for

other property to be used as the site of the facility.

(2) The values of the properties exchanged by the Secretary

under this subsection either shall be equal, or if they are not

16 USC 460bb

note.

115 STAT. 1330 PUBLIC LAW 107–107—DEC. 28, 2001

equal, the values shall be equalized by the payment of money

to the grantor or to the Secretary as the circumstances require.

The conveyance or lease shall be on such other terms as the Secretary of the Air Force considers to be advantageous to the development of the facility.

(d) ALTERNATIVE DEVELOPMENT AUTHORITY.—The Secretary of

the Air Force may lease the real property transferred under subsection (a), or any property acquired pursuant to subsection (c),

to another party and may enter into a contract with the party

for the design, construction, and operation of the Air Force morale,

welfare, and recreation facility. The Secretary of the Air Force

may authorize the contractor to operate the facility as both a

military and a commercial operation if the Secretary determines

that such an authorization is a necessary incentive for the contractor to agree to design, construct, and operate the facility.

(e) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under subsection (a)

shall be determined by a survey. The cost of the survey shall

be borne by the Secretary of the Air Force.

SEC. 2863. ALTERNATE SITE FOR UNITED STATES AIR FORCE MEMORIAL, PRESERVATION OF OPEN SPACE ON ARLINGTON

RIDGE TRACT, AND RELATED LAND TRANSFER AT

ARLINGTON NATIONAL CEMETERY, VIRGINIA.

(a) DEFINITIONS.—In this section:

(1) The term ‘‘Arlington Naval Annex’’ means the parcel

of Federal land located in Arlington County, Virginia, that

is subject to transfer to the administrative jurisdiction of the

Secretary of the Army under section 2881 of the Military

Construction Authorization Act for Fiscal Year 2000 (division

B of Public Law 106–65; 113 Stat. 879).

(2) The term ‘‘Foundation’’ means the Air Force Memorial

Foundation, which was authorized in Public Law 103–163 (107

Stat. 1973; 40 U.S.C. 1003 note) to establish a memorial in

the District of Columbia or its environs to honor the men

and women who have served in the United States Air Force

and its predecessors.

(3) The term ‘‘Air Force Memorial’’ means the United States

Air Force Memorial to be established by the Foundation.

(4) The term ‘‘Arlington Ridge tract’’ means the parcel

of Federal land in Arlington County, Virginia, known as the

Nevius Tract and transferred to the Department of the Interior

in 1953, that is bounded generally by—

(A) Arlington Boulevard (United States Route 50) to

the north;

(B) Jefferson Davis Highway (Virginia Route 110) to

the east;

(C) Marshall Drive to the south; and

(D) North Meade Street to the west.

(5) The term ‘‘Section 29’’ means a parcel of Federal land

in Arlington County, Virginia, that is currently administered

by the Secretary of the Interior within the boundaries of

Arlington National Cemetery and is identified as ‘‘Section 29’’.

(b) USE OF ARLINGTON NAVAL ANNEX AS SITE FOR AIR FORCE

MEMORIAL.— (1) AVAILABILITY OF SITE.—The Secretary of Defense shall

make available to the Foundation, without reimbursement, up

40 USC 1003

note.

40 USC 1003

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1331

to three acres of the Arlington Naval Annex, which the Foundation shall use as the location for the Air Force Memorial in

lieu of any previously approved location for the Air Force Memorial. The land made available shall include the promontory

adjacent to, and the land underlying, Wing 8 of Federal Office

Building #2 in the northeast quadrant of the Arlington Naval

Annex.

(2) EXCEPTION.—The requirement to use the land made

available under paragraph (1) as the location for the Air Force

Memorial, and the prohibition on the use of any previously

approved location, shall not apply if the Secretary of Defense

determines that it is physically impracticable to construct the

Air Force Memorial on such land on account of the geological

nature of the land.

(3) RELATION TO OTHER TRANSFER AUTHORITY.—Not later

than six months after the date of the enactment of this Act,

the Secretary of Defense shall transfer to the Secretary of

the Army administrative jurisdiction over the Arlington Naval

Annex site made available under this subsection for construction of the Air Force Memorial. Nothing in this subsection

alters the deadline for transfer of the remainder of the

Arlington Naval Annex to the Secretary of the Army and

remediation of the transferred land for use as part of Arlington

National Cemetery, as required by section 2881 of the Military

Construction Authorization Act for Fiscal Year 2000.

(c) SITE PREPARATION.—

(1) PREPARATION FOR CONSTRUCTION.—Upon receipt of

notification from the Foundation that the Foundation has sufficient funds to commence construction of the Air Force Memorial, the Secretary of Defense, in coordination with the Foundation, shall remove Wing 8 of Federal Office Building #2 at

the Arlington Naval Annex, as well as its associated outbuilding

and parking lot, and prepare the land made available under

subsection (b) for construction of the Air Force Memorial. In

addition to demolition and removal, such site preparation work

may include environmental remediation, installation of water,

sewer, telephone, electrical, and storm water management

infrastructure necessary for the memorial, installation of sidewalks consistent with the design of the memorial compliant

with the requirements of the Americans With Disabilities Act

of 1990 (42 U.S.C. 12101 et seq.), and the placement of

screening berms and mature evergreen trees between Federal

Office Building #2 and the memorial.

(2) COMPLETION.—Not later than two years after the date

on which the Foundation provides the notification referred to

in paragraph (1), the Secretary of Defense shall complete the

demolition and removal of the structures and such site preparation work as the Secretary agrees to undertake under this

subsection.

(3) FUNDING SOURCE.—The Secretary of Defense shall use

amounts appropriated for operation and maintenance to carry

out the demolition and removal work and site preparation

described in paragraph (1).

(4) ASSISTANCE FOR DISPLACED AGENCY.—The Secretary of

the Army shall serve as the Executive Agent for the Ballistic

Missile Defense Organization in securing suitable sites,

including, if necessary, sites not currently owned by the United

Deadline.

40 USC 1003

note.

115 STAT. 1332 PUBLIC LAW 107–107—DEC. 28, 2001

States, to replace offices lost as a result of the demolition

of Wing 8 of Federal Office Building #2 at the Arlington Naval

Annex.

(d) CONSTRUCTION OF AIR FORCE MEMORIAL.—

(1) COMMENCEMENT.—Upon the demolition and removal

of the structures required to be removed under subsection (c)(1),

the Secretary of Defense shall permit the Foundation to commence construction of the Air Force Memorial on the Arlington

Naval Annex site made available under subsection (b).

(2) OVERSIGHT.—The Secretary of Defense shall have exclusive authority in all matters relating to approval of the siting

and design of the Air Force Memorial on the Arlington Naval

Annex site, and the siting, design, and construction of the

memorial on such site shall not be subject to the requirements

of the Commemorative Works Act (40 U.S.C. 1001 et seq.).

(3) EFFECT OF FAILURE TO COMMENCE CONSTRUCTION.—

If, within five years after the date of the enactment of this

Act, the Foundation has not commenced construction of the

Air Force Memorial on the Arlington Naval Annex site made

available under subsection (b), the Secretary of Defense may

revoke the authority of the Foundation to use the site as

the location of the memorial.

(e) ACCESS AND MANAGEMENT OF AIR FORCE MEMORIAL.—The

Secretary of the Army may enter into a cooperative agreement

with the Foundation to provide for management, maintenance, and

repair of the Air Force Memorial constructed on the Arlington

Naval Annex site made available under subsection (b) and to guarantee public access to the memorial.

(f) LIMITATION ON USE OF ARLINGTON NAVAL ANNEX AS SITE

FOR OTHER MEMORIALS OR MUSEUMS.—Section 2881(b) of the Military Construction Authorization Act for Fiscal Year 2000 (division

B of Public Law 106–65; 113 Stat. 879) is amended by striking

paragraph (2) and inserting the following new paragraph (2):

‘‘(2) The Secretary of Defense shall reserve not more than

four acres of the Navy Annex property south of the existing

Columbia Pike as a site for—

‘‘(A) a National Military Museum, if such site is recommended for such purpose by the Commission on the National

Military Museum established under section 2901 and the Secretary of Defense considers such site compatible with Arlington

National Cemetery and the Air Force Memorial; or

‘‘(B) such other memorials or museums that the Secretary

of Defense considers compatible with Arlington National Cemetery and the Air Force Memorial.’’.

(g) PRESERVATION OF ARLINGTON RIDGE TRACT.—

(1) GENERAL RULE.—After the date of the enactment of

this Act, no additional structure or memorials shall be constructed on the Arlington Ridge tract.

(2) OPTION FOR FUTURE BURIALS.—Paragraph (1) does not

prohibit the eventual use of a portion of the Arlington Ridge

tract as a location for in-ground burial sites and columbarium

for the burial of individuals eligible for burial in Arlington

National Cemetery, if the development of such sites is specifically authorized in a law enacted after the date of the enactment of this Act.

(h) LAND TRANSFER, SECTION 29.—

40 USC 1003

note.

40 USC 1003

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1333

(1) TRANSFER REQUIRED.—Not later than 30 days after

the date of the enactment of this Act, the Secretary of the

Interior shall transfer, without reimbursement, to the Secretary

of the Army administrative jurisdiction over that portion of

Section 29 designated as the interment zone and consisting

of approximately 12 acres. The Secretary of the Interior shall

modify the boundaries of the George Washington Memorial

Parkway as may be necessary to reflect the land transfer

required by this subsection.

(2) USE OF TRANSFERRED LAND.—The Secretary of the Army

shall use the transferred property for the development of inground burial sites and columbarium that are designed to meet

the contours of Section 29.

(3) MANAGEMENT OF REMAINDER.—The Secretary of the

Interior shall manage that portion of Section 29 not transferred

under this subsection in perpetuity to provide a natural setting

and visual buffer for Arlington House, the Robert E. Lee Memorial.

(4) REPEAL OF OBSOLETE LAW.—Section 2821(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2791) is repealed.

SEC. 2864. ESTABLISHMENT OF MEMORIAL TO VICTIMS OF TERRORIST ATTACK ON PENTAGON RESERVATION AND

AUTHORITY TO ACCEPT MONETARY CONTRIBUTIONS FOR

MEMORIAL AND REPAIR OF PENTAGON.

(a) MEMORIAL AUTHORIZED.—The Secretary of Defense may

establish a memorial at the Pentagon Reservation dedicated to

the victims of the terrorist attack on the Pentagon that occurred

on September 11, 2001. The Secretary shall use necessary amounts

in the Pentagon Reservation Maintenance Revolving Fund established by section 2674(e) of title 10, United States Code, including

amounts deposited in the Fund under subsection (c), to plan, design,

construct, and maintain the memorial.

(b) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary of Defense

may accept monetary contributions made for the purpose of

assisting in—

(1) the establishment of the memorial to the victims of

the terrorist attack; and

(2) the repair of the damage caused to the Pentagon Reservation by the terrorist attack.

(c) DEPOSIT OF CONTRIBUTIONS.—The Secretary of Defense shall

deposit contributions accepted under subsection (b) in the Pentagon

Reservation Maintenance Revolving Fund. The contributions shall

be available for expenditure only for the purposes specified in

subsection (b).

SEC. 2865. REPEAL OF LIMITATION ON COST OF RENOVATION OF PENTAGON RESERVATION.

Section 2864 of the Military Construction Authorization Act

for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat.

2806) is repealed.

SEC. 2866. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND

EDUCATION CENTER AT CARLISLE BARRACKS, PENNSYLVANIA.

(a) AUTHORITY TO ENTER INTO AGREEMENT.—(1) The Secretary

of the Army may enter into an agreement with the Military Heritage

10 USC 2674

note.

Deadline.

115 STAT. 1334 PUBLIC LAW 107–107—DEC. 28, 2001

Foundation, a nonprofit organization, for the design, construction,

and operation of a facility for the United States Army Heritage

and Education Center at Carlisle Barracks, Pennsylvania (in this

section referred to as the ‘‘facility’’).

(2) The facility is to be used for curation and storage of artifacts,

research facilities, classrooms, and offices, and for education and

other activities, agreed to by the Secretary, relating to the heritage

of the Army. The facility may also be used to support such education

and training as the Secretary considers appropriate.

(b) DESIGN AND CONSTRUCTION.—The design of the facility shall

be subject to the approval of the Secretary. At the election of

the Secretary, the Secretary may— (1) accept funds from the Military Heritage Foundation

for the design and construction of the facility; or

(2) permit the Military Heritage Foundation to contract

for the design and construction of the facility.

(c) ACCEPTANCE OF FACILITY.—(1) Upon satisfactory completion,

as determined by the Secretary, of the facility, and upon the satisfaction of any and all financial obligations incident thereto by

the Military Heritage Foundation, the Secretary shall accept the

facility from the Military Heritage Foundation, and all right, title,

and interest in and to the facility shall vest in the United States.

(2) Upon becoming property of the United States, the facility

shall be under the jurisdiction of the Secretary.

(d) USE OF CERTAIN GIFTS.—(1) Under regulations prescribed

by the Secretary, the Commandant of the Army War College may,

without regard to section 2601 of title 10, United States Code,

accept, hold, administer, invest, and spend any gift, devise, or

bequest of personnel property of a value of $250,000 or less made

to the United States if such gift, devise, or bequest is for the

benefit of the United States Army Heritage and Education Center.

(2) The Secretary may pay or authorize the payment of any

reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under this subsection.

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may

require such additional terms and conditions in connection with

the agreement authorized to be entered into by subsection (a) as

the Secretary considers appropriate to protect the interests of the

United States.

SEC. 2867. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR

HIGHWAYS, MARINE CORPS BASE, CAMP PENDLETON,

CALIFORNIA.

Section 2851(a) of the Military Construction Authorization Act

for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat.

2219) is amended in the first sentence by inserting after ‘‘maintain’’ the following: ‘‘, notwithstanding any provision of State law to

the contrary,’’.

SEC. 2868. ESTABLISHMENT OF WORLD WAR II MEMORIAL AT ADDITIONAL LOCATION ON GUAM.

Section 2886 of the Military Construction Authorization Act

for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A–

441) is amended—

(1) in subsection (a), by inserting ‘‘, and on Federal lands

near Yigo,’’ after ‘‘Fena Caves’’;

(2) in the heading of subsection (b), by striking ‘‘MEMORIAL’’

and inserting ‘‘MEMORIALS’’; and

16 USC 431 note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1335

(3) in subsections (b) and (c), by striking ‘‘memorial’’ each

place it appears and inserting ‘‘memorials’’.

SEC. 2869. DEMONSTRATION PROJECT FOR PURCHASE OF FIRE,

SECURITY, POLICE, PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL GOVERNMENT AGENCIES.

(a) EXTENSION.—Subsection (c) of section 816 of the National

Defense Authorization Act for Fiscal Year 1995 (Public Law 103–

337; 108 Stat. 2820), as added by section 2873 of the Strom

Thurmond National Defense Authorization Act for Fiscal Year 1999

(Public Law 105–261; 112 Stat. 2225), is amended by striking

‘‘September 30, 2001.’’ and inserting ‘‘January 31, 2002, with regard

to fire-fighting and police services, and September 30, 2003, with

regard to other services described in subsection (a).’’.

(b) CONFORMING AMENDMENT.—Section 1206 of the Supplemental Appropriations Act, 2001 (Public Law 107–20; 115 Stat.

161), is repealed.

SEC. 2870. REPORT ON FUTURE LAND NEEDS OF UNITED STATES MILITARY ACADEMY, NEW YORK, AND ADJACENT COMMUNITY.

(a) REPORT REQUIRED.—Not later than February 1, 2002, the

Secretary of the Army shall submit to Congress a report evaluating

the future needs of the United States Military Academy for lands

suitable for use for military training and the feasibility of making

unneeded lands available to the Village of Highland Falls, New

York, through fee simple conveyance, long-term lease under section

2667 of title 10, United States Code, or other means.

(b) CONSULTATION.—The Secretary shall prepare the report

in consultation with appropriate officials of the Village of Highland

Falls.

SEC. 2871. NAMING OF PATRICIA C. LAMAR ARMY NATIONAL GUARD

READINESS CENTER, OXFORD, MISSISSIPPI.

The Oxford Army National Guard Readiness Center, Oxford,

Mississippi, shall be known and designated as the ‘‘Patricia C.

Lamar Army National Guard Readiness Center’’. Any reference

to that readiness center in any law, regulation, map, document,

record, or other paper of the United States shall be considered

to be a reference to the Patricia C. Lamar Army National Guard

Readiness Center.

TITLE XXIX—FORT IRWIN MILITARY

LAND WITHDRAWAL

Sec. 2901. Short title.

Sec. 2902. Withdrawal and reservation of lands for National Training Center.

Sec. 2903. Map and legal description.

Sec. 2904. Management of withdrawn and reserved lands.

Sec. 2905. Water rights.

Sec. 2906. Environmental compliance and environmental response requirements.

Sec. 2907. West Mojave Coordinated Management Plan.

Sec. 2908. Release of wilderness study areas.

Sec. 2909. Training activity separation from utility corridors.

Sec. 2910. Duration of withdrawal and reservation.

Sec. 2911. Extension of initial withdrawal and reservation.

Sec. 2912. Termination and relinquishment.

Sec. 2913. Delegation of authority.

Fort Irwin

Military Land

Withdrawal Act

of 2001.

Deadline.

115 STAT. 1336 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 2901. SHORT TITLE.

This title may be cited as the ‘‘Fort Irwin Military Land Withdrawal Act of 2001’’.

SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR

NATIONAL TRAINING CENTER.

(a) WITHDRAWAL.—Subject to valid existing rights and except

as otherwise provided in this title, all public lands and interests

in lands described in subsection (c) are hereby withdrawn from

all forms of appropriation under the general land laws, including

the mining laws and mineral and geothermal leasing laws, and

jurisdiction over such lands and interests in lands withdrawn and

reserved by this title is hereby transferred to the Secretary of

the Army.

(b) RESERVATION.—The lands withdrawn under subsection (a)

are reserved for use by the Secretary of the Army for the following

purposes:

(1) The conduct of combined arms military training at

the National Training Center.

(2) The development and testing of military equipment

at the National Training Center.

(3) Other defense-related purposes consistent with the purposes specified in paragraphs (1) and (2).

(4) Conservation and related research purposes.

(c) LAND DESCRIPTION.—The public lands and interests in lands

withdrawn and reserved by this section comprise approximately

110,000 acres in San Bernardino County, California, as generally

depicted as ‘‘Proposed Withdrawal Land’’ on the map entitled

‘‘National Training Center—Proposed Withdrawal of Public Lands

for Training Purposes’’, dated September 21, 2000, and filed in

accordance with section 2903.

(d) CHANGES IN USE.—The Secretary of the Army shall consult

with the Secretary of the Interior before using the lands withdrawn

and reserved by this section for any purpose other than those

purposes identified in subsection (b).

(e) INDIAN TRIBES.—Nothing in this title shall be construed

as altering any rights reserved for tribal use by treaty or Federal

law. The Secretary of the Army shall consult with federally recognized Indian tribes in the vicinity of the lands withdrawn under

subsection (a) before taking action affecting rights or cultural

resources protected by treaty or Federal law.

SEC. 2903. MAP AND LEGAL DESCRIPTION.

(a) PREPARATION OF MAP AND LEGAL DESCRIPTION.—As soon

as practicable after the date of the enactment of this Act, the

Secretary of the Interior shall—

(1) publish in the Federal Register a notice containing

the legal description of the lands withdrawn and reserved by

this title; and

(2) file a map and legal description of the lands withdrawn

and reserved by this title with the Committee on Energy and

Natural Resources of the Senate and the Committee on

Resources of the House of Representatives.

(b) LEGAL EFFECT.—The map and legal description shall have

the same force and effect as if included in this title, except that

the Secretary of the Interior may correct clerical and typographical

errors in the map and legal description.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1337

(c) AVAILABILITY.—Copies of the map and the legal description

shall be available for public inspection in the following offices:

(1) The offices of the California State Director, California

Desert District Office, and Riverside and Barstow Field Offices

of the Bureau of Land Management.

(2) The Office of the Commander, National Training Center

and Fort Irwin.

(d) COSTS.—The Secretary of the Army shall reimburse the

Secretary of the Interior for the costs incurred by the Secretary

of the Interior in implementing this section.

SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS.

(a) GENERAL MANAGEMENT AUTHORITY.—During the period of

the withdrawal and reservation made by this title, the Secretary

of the Army shall manage the lands withdrawn and reserved by

this title for the purposes specified in section 2902.

(b) TEMPORARY PROHIBITION ON CERTAIN USE.—Military use

of the lands withdrawn and reserved by this title that result in

ground disturbance, as determined by the Secretary of the Army

and the Secretary of the Interior, are prohibited until the Secretary

of the Army and the Secretary of the Interior certify to Congress

that there has been full compliance with respect to such lands

with the appropriate provisions of this title, the Endangered Species

Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable

laws.

(c) ACCESS RESTRICTIONS.—

(1) IN GENERAL.—If the Secretary of the Army determines

that military operations, public safety, or national security

require the closure to the public of any road, trail, or other

portion of the lands withdrawn and reserved by this title,

the Secretary may take such action as the Secretary determines

necessary or desirable to effect and maintain such closure.

(2) LIMITATION.—Any closure under paragraph (1) shall

be limited to the minimum areas and periods that the Secretary

of the Army determines are required for the purposes specified

in such paragraph.

(3) NOTICE.—Immediately preceding and during any closure

under paragraph (1), the Secretary of the Army shall post

appropriate warning notices and take other steps, as necessary,

to notify the public of the closure.

(d) INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.—

The Secretary of the Army shall prepare and implement, in accordance with title I of the Sikes Act (16 U.S.C. 670 et seq.), an

integrated natural resources management plan for the lands withdrawn and reserved by this title. In addition to the elements

required under the Sikes Act, the integrated natural resources

management plan shall include the following:

(1) A requirement that any hunting, fishing, and trapping

on the lands withdrawn and reserved by this title be conducted

in accordance with section 2671 of title 10, United States Code.

(2) A requirement that the Secretary of the Army take

necessary actions to prevent, suppress, and manage brush and

range fires occurring within the boundaries of Fort Irwin and

brush and range fires occurring outside the boundaries of Fort

Irwin that result from military activities at Fort Irwin.

115 STAT. 1338 PUBLIC LAW 107–107—DEC. 28, 2001

(e) FIREFIGHTING.—Notwithstanding section 2465 of title 10,

United States Code, the Secretary of the Army may obligate funds

appropriated or otherwise available to the Secretary of the Army

to enter into a memorandum of understanding, cooperative agreement, or contract for fire-fighting services to carry out the requirements of subsection (d)(2). The Secretary of the Army shall

reimburse the Secretary of the Interior for costs incurred by the

Secretary of the Interior to assist in carrying out the requirements

of such subsection.

(f) CONSULTATION WITH NATIONAL AERONAUTICS AND SPACE

ADMINISTRATION.—In preparing and implementing any plan, report,

assessment, survey, opinion, or impact statement regarding the

lands withdrawn and reserved by this title, the Secretary of the

Army shall consult with the Administrator of the National Aeronautics and Space Administration whenever proposed Army actions

have the potential to affect the operations or the environmental

management of the Goldstone Deep Space Communications Complex. The requirement for consultation shall apply, at a minimum,

to the following:

(1) Plans for military training, military equipment testing,

or related activities that have the potential of impacting

communications between Goldstone Deep Space Communications Complex and space flight missions or other transmission

or receipt of signals from outer space by the Goldstone Deep

Space Communications Complex.

(2) The integrated natural resources management plan

required by subsection (d).

(3) The West Mojave Coordinated Management Plan

referred to in section 2907.

(4) Any document prepared in compliance with the Endangered Species Act of 1973, the National Environmental Policy

Act of 1969, and other laws applicable to the lands withdrawn

and reserved by this title.

(g) USE OF MINERAL MATERIALS.—Notwithstanding any other

provision of this title or the Act of July 31, 1947 (commonly known

as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary

of the Army may use sand, gravel, or similar mineral material

resources of the type subject to disposition under such Act from

the lands withdrawn and reserved by this title if the use of such

resources is required for construction needs of the National Training

Center.

SEC. 2905. WATER RIGHTS.

(a) NO RESERVED WATER RIGHT ESTABLISHED.—Nothing in this

title shall be construed—

(1) to establish a reservation in favor of the United States

with respect to any water or water right on the lands withdrawn

and reserved by this title; or

(2) to authorize the appropriation of water on such lands

by the United States after the date of the enactment of this

Act, except in accordance with applicable State law.

(b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED WATER

RIGHTS.—This section shall not be construed to affect any water

rights acquired or reserved by the United States before the date

of the enactment of this Act, and the Secretary of the Army may

exercise any such previously acquired or reserved water rights.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1339

SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL

RESPONSE REQUIREMENTS.

(a) AGREEMENTS CONCERNING THE ENVIRONMENT AND PUBLIC

HEALTH.—The Secretary of the Army and the Secretary of the

Interior shall enter into such agreements as are necessary, appropriate, and in the public interest to carry out the purposes of

this title.

(b) RELATION TO OTHER ENVIRONMENTAL LAWS.—Nothing in

this title shall relieve, and no action taken under this title may

relieve, the Secretary of the Army or the Secretary of the Interior,

or any other person from any liability or other obligation under

the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) or

any other Federal or State law.

SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN.

(a) COMPLETION.—The Secretary of the Interior shall make

every effort to complete the West Mojave Coordinated Management

Plan not later than two years after the date of the enactment

of this Act.

(b) CONSIDERATION OF WITHDRAWAL AND RESERVATION

IMPACTS.—The Secretary of the Interior shall ensure that the West

Mojave Coordinated Management Plan considers the impacts of

the availability or nonavailability of the lands withdrawn and

reserved by this title on the plan as a whole.

(c) CONSULTATION.—The Secretary of the Interior shall consult

with the Secretary of the Army and the Administrator of the

National Aeronautics and Space Administration in the development

of the West Mojave Coordinated Management Plan.

SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.

Congress hereby finds and directs that lands withdrawn and

reserved by this title have been adequately studied for wilderness

designation pursuant to section 603(c) of the Federal Land Policy

and Management Act of 1976 (43 U.S.C. 1782(c)), and are no longer

subject to the requirement of such section pertaining to the management of wilderness study areas in a manner that does not impair

the suitability of such areas for preservation as wilderness.

SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY CORRIDORS.

(a) REQUIRED SEPARATION.—All military ground activity

training on the lands withdrawn and reserved by this title shall

remain at least 500 meters from any utility system, in existence

as of the date of the enactment of this Act, in Utility Planning

Corridor D, as described in the California Desert Conservation

Area Plan, dated 1980 and subsequently amended.

(b) EXCEPTION.—Subsection (a) does not modify the use of any

lands used, as of the date of the enactment of this Act, by the

National Training Center for training or alter any right of access

granted by interagency agreement.

SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.

(a) TERMINATION DATE.—Unless extended pursuant to section

2911, unless relinquishment is postponed by the Secretary of the

Interior pursuant to section 2912(b), and except as provided in

section 2912(d), the withdrawal and reservation made by this title

115 STAT. 1340 PUBLIC LAW 107–107—DEC. 28, 2001

shall terminate 25 years after the date of the enactment of this

Act.

(b) LIMITATION ON SUBSEQUENT AVAILABILITY FOR APPROPRIATION.—At the time of termination of the withdrawal and reservation

made by this title, the previously withdrawn lands shall not be

open to any forms of appropriation under the general land laws,

including the mining laws and the mineral and geothermal leasing

laws, until the Secretary of the Interior publishes in the Federal

Register an appropriate order specifying the date upon which such

lands shall be restored to the public domain and opened.

SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION.

(a) NOTIFICATION REQUIREMENT.—Not later than three years

before the termination date specified in section 2910(a), the Secretary of the Army shall notify Congress and the Secretary of

the Interior whether the Army will have a continuing military

need, beyond the termination date, for all or any portion of the

lands withdrawn and reserved by this title.

(b) PROCESS FOR EXTENSION OF WITHDRAWAL AND RESERVATION.—

(1) CONSULTATION AND APPLICATION.—If the Secretary of

the Army determines that there will be a continuing military

need after the termination date for any of the lands withdrawn

and reserved by this title, the Secretary of the Army shall—

(A) consult with the Secretary of the Interior concerning any adjustments to be made to the extent of, or

to the allocation of management responsibility for, such

needed lands; and

(B) file with the Secretary of the Interior, within one

year after the notice required by subsection (a), an application for extension of the withdrawal and reservation of

such needed lands.

(2) APPLICATION REQUIREMENTS.—Notwithstanding any

general procedure of the Department of the Interior for processing Federal land withdrawals, an application for extension

of the land withdrawal and reservation made by this title

shall be considered to be complete if the application includes

the information required by section 3 of Public Law 85–337

(commonly known as the Engle Act; 43 U.S.C. 157), except

that no information shall be required concerning the use or

development of mineral, timber, or grazing resources unless,

and only to the extent, the Secretary of the Army proposes

to use or develop such resources during the period of extension.

(c) SUBMISSION OF PROPOSED EXTENSION TO CONGRESS.—The

Secretary of the Interior and the Secretary of the Army may submit

to Congress a legislative proposal for the extension of the withdrawal and reservation made by this title. The legislative proposal

shall be accompanied by an appropriate analysis of environmental

impacts associated with the proposal, as required by section

102(2)(C) of the National Environmental Policy Act of 1969 (42

U.S.C. 4332(2)(C)).

SEC. 2912. TERMINATION AND RELINQUISHMENT.

(a) NOTICE OF TERMINATION.—During the first 22 years of

the withdrawal and reservation made by this title, if the Secretary

of the Army determines that there is no continuing military need

for the lands withdrawn and reserved by this title, or any portion

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PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1341

of such lands, the Secretary of the Army shall submit to the Secretary of the Interior a notice of intent to relinquish jurisdiction

over such lands. The notice shall specify the proposed date of

relinquishment.

(b) ACCEPTANCE OF JURISDICTION.—The Secretary of the

Interior may accept jurisdiction over any lands covered by a notice

under subsection (a) if the Secretary of the Interior determines

that the Secretary of the Army has taken or will take all environmental response and restoration activities required under applicable

laws and regulations with respect to such lands.

(c) NOTICE OF ACCEPTANCE.—If the Secretary of the Interior

decides to accept jurisdiction over lands covered by a notice under

subsection (a) before the termination date of the withdrawal and

reservation, the Secretary shall publish in the Federal Register

an appropriate order that shall—

(1) terminate the withdrawal and reservation of such lands

under this title;

(2) constitute official acceptance of administrative jurisdiction over the lands by the Secretary of the Interior; and

(3) state the date upon which such lands shall be opened

to the operation of the general land laws, including the mining

laws and the mineral and geothermal leasing laws, if appropriate.

(d) RETAINED ARMY JURISDICTION.—Notwithstanding the termination date specified in section 2910, unless and until the Secretary

of the Interior accepts jurisdiction of land proposed for relinquishment pursuant to this section, such land shall remain withdrawn

and reserved for the Secretary of the Army for the limited purposes

of environmental response and restoration actions under section

2906 and continued land management responsibilities pursuant

to the integrated natural resources management plan required

under section 2904, until such environmental response and restoration activities on those lands are completed.

(e) SEVERABILITY OF FUNCTIONS.—All functions described under

this section, including transfers, relinquishments, extensions, and

other determinations, may be made on a parcel-by-parcel basis.

SEC. 2913. DELEGATION OF AUTHORITY.

(a) SECRETARY OF THE ARMY.—The Secretary of the Army may

delegate to officials in the Department of the Army such functions

as the Secretary of the Army may determine appropriate to carry

out this title.

(b) SECRETARY OF THE INTERIOR.—The functions of the Secretary of the Interior under this title may be delegated, except

that the order described in section 2912(c) may be approved and

signed only by the Secretary of the Interior, the Deputy Secretary

of the Interior, or an Assistant Secretary of the Department of

the Interior.

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115 STAT. 1342 PUBLIC LAW 107–107—DEC. 28, 2001

TITLE XXX—REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS

AND PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX

Sec. 3001. Authorization of round of realignments and closures of military installations in 2005.

Sec. 3002. Selection criteria.

Sec. 3003. Revised procedures for making recommendations for realignments and

closures and commission consideration of recommendations.

Sec. 3004. Limitations on privatization in place.

Sec. 3005. Department of Defense Base Closure Account 2005.

Sec. 3006. Implementation of closure and realignment decisions.

Sec. 3007. Technical and clarifying amendments.

Sec. 3008. Preparation of infrastructure plan for the nuclear weapons complex.

SEC. 3001. AUTHORIZATION OF ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS IN 2005.

The Defense Base Closure and Realignment Act of 1990 (part

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)

is amended by adding at the end the following new section:

‘‘SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS.

‘‘(a) FORCE-STRUCTURE PLAN AND INFRASTRUCTURE INVENTORY.—

‘‘(1) PREPARATION AND SUBMISSION.—As part of the budget

justification documents submitted to Congress in support of

the budget for the Department of Defense for fiscal year 2005,

the Secretary shall include the following:

‘‘(A) A force-structure plan for the Armed Forces based

on an assessment by the Secretary of the probable threats

to the national security during the 20-year period beginning

with fiscal year 2005, the probable end-strength levels and

major military force units (including land force divisions,

carrier and other major combatant vessels, air wings, and

other comparable units) needed to meet these threats, and

the anticipated levels of funding that will be available

for national defense purposes during such period.

‘‘(B) A comprehensive inventory of military installations world-wide for each military department, with specifications of the number and type of facilities in the active

and reserve forces of each military department.

‘‘(2) RELATIONSHIP OF PLAN AND INVENTORY.—Using the

force-structure plan and infrastructure inventory prepared

under paragraph (1), the Secretary shall prepare (and include

as part of the submission of such plan and inventory) the

following:

‘‘(A) A description of the infrastructure necessary to

support the force structure described in the force-structure

plan.

‘‘(B) A discussion of categories of excess infrastructure

and infrastructure capacity.

‘‘(C) An economic analysis of the effect of the closure

or realignment of military installations to reduce excess

infrastructure.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1343

‘‘(3) SPECIAL CONSIDERATIONS.—In determining the level

of necessary versus excess infrastructure under paragraph (2),

the Secretary shall consider the following: ‘‘(A) The anticipated continuing need for and availability of military installations outside the United States,

taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of

such military installations.

‘‘(B) Any efficiencies that may be gained from joint

tenancy by more than one branch of the Armed Forces

at a military installation.

‘‘(4) REVISION.—The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes

such a revision, the Secretary shall submit the revised plan

or inventory to Congress as part of the budget justification

documents submitted to Congress for fiscal year 2006.

‘‘(b) CERTIFICATION OF NEED FOR FURTHER CLOSURES AND REALIGNMENTS.—

‘‘(1) CERTIFICATION REQUIRED.—On the basis of the forcestructure plan and infrastructure inventory prepared under

subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as

part of the submission of the plan and inventory—

‘‘(A) a certification regarding whether the need exists

for the closure or realignment of additional military

installations; and

‘‘(B) if such need exists, a certification that the additional round of closures and realignments would result

in annual net savings for each of the military departments

beginning not later than fiscal year 2011.

‘‘(2) EFFECT OF FAILURE TO CERTIFY.—If the Secretary does

not include the certifications referred to in paragraph (1), the

process by which military installations may be selected for

closure or realignment under this part in 2005 shall be terminated.

‘‘(c) COMPTROLLER GENERAL EVALUATION.—

‘‘(1) EVALUATION REQUIRED.—If the certification is provided

under subsection (b), the Comptroller General shall prepare

an evaluation of the following:

‘‘(A) The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection

criteria prepared under section 2913, including an evaluation of the accuracy and analytical sufficiency of such plan,

inventory, and criteria.

‘‘(B) The need for the closure or realignment of additional military installations.

‘‘(2) SUBMISSION.—The Comptroller General shall submit

the evaluation to Congress not later than 60 days after the

date on which the force-structure plan and infrastructure inventory are submitted to Congress.

‘‘(d) AUTHORIZATION OF ADDITIONAL ROUND; COMMISSION.—

‘‘(1) APPOINTMENT OF COMMISSION.—Subject to the certifications required under subsection (b), the President may commence an additional round for the selection of military installations for closure and realignment under this part in 2005

by transmitting to the Senate, not later than March 15, 2005,

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115 STAT. 1344 PUBLIC LAW 107–107—DEC. 28, 2001

nominations pursuant to section 2902(c) for the appointment

of new members to the Defense Base Closure and Realignment

Commission.

‘‘(2) EFFECT OF FAILURE TO NOMINATE.—If the President

does not transmit to the Senate the nominations for the

Commission by March 15, 2005, the process by which military

installations may be selected for closure or realignment under

this part in 2005 shall be terminated.

‘‘(3) MEMBERS.—Notwithstanding section 2902(c)(1), the

Commission appointed under the authority of this subsection

shall consist of nine members.

‘‘(4) TERMS; MEETINGS; TERMINATION.—Notwithstanding

subsections (d), (e)(1), and (l) of section 2902, the Commission

appointed under the authority of this subsection shall meet

during calendar year 2005 and shall terminate on April 15,

2006.

‘‘(5) FUNDING.—If no funds are appropriated to the Commission by the end of the second session of the 108th Congress

for the activities of the Commission in 2005, the Secretary

may transfer to the Commission for purposes of its activities

under this part in that year such funds as the Commission

may require to carry out such activities. The Secretary may

transfer funds under the preceding sentence from any funds

available to the Secretary. Funds so transferred shall remain

available to the Commission for such purposes until expended.’’.

SEC. 3002. SELECTION CRITERIA.

The Defense Base Closure and Realignment Act of 1990 (part

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)

is amended by inserting after section 2912, as added by section

3001, the following new section:

‘‘SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND.

‘‘(a) PREPARATION OF PROPOSED SELECTION CRITERIA.—

‘‘(1) IN GENERAL.—Not later than December 31, 2003, the

Secretary shall publish in the Federal Register and transmit

to the congressional defense committees the criteria proposed

to be used by the Secretary in making recommendations for

the closure or realignment of military installations inside the

United States under this part in 2005.

‘‘(2) PUBLIC COMMENT.—The Secretary shall provide an

opportunity for public comment on the proposed criteria for

a period of at least 30 days and shall include notice of that

opportunity in the publication required under this subsection.

‘‘(b) MILITARY VALUE AS PRIMARY CONSIDERATION.—The selection criteria prepared by the Secretary shall ensure that military

value is the primary consideration in the making of recommendations for the closure or realignment of military installations under

this part in 2005. Military value shall include at a minimum the

following:

‘‘(1) Preservation of training areas suitable for maneuver

by ground, naval, or air forces to guarantee future availability

of such areas to ensure the readiness of the Armed Forces.

‘‘(2) Preservation of military installations in the United

States as staging areas for the use of the Armed Forces in

homeland defense missions.

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PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1345

‘‘(3) Preservation of military installations throughout a

diversity of climate and terrain areas in the United States

for training purposes.

‘‘(4) The impact on joint warfighting, training, and readiness.

‘‘(5) Contingency, mobilization, and future total force

requirements at both existing and potential receiving locations

to support operations and training.

‘‘(c) SPECIAL CONSIDERATIONS.—The selection criteria for military installations shall also address at a minimum the following:

‘‘(1) The extent and timing of potential costs and savings,

including the number of years, beginning with the date of

completion of the closure or realignment, for the savings to

exceed the costs.

‘‘(2) The economic impact on existing communities in the

vicinity of military installations.

‘‘(3) The ability of both existing and potential receiving

communities’ infrastructure to support forces, missions, and

personnel.

‘‘(4) The impact of costs related to potential environmental

restoration, waste management, and environmental compliance

activities.

‘‘(d) EFFECT ON DEPARTMENT AND OTHER AGENCY COSTS.—

Any selection criteria proposed by the Secretary relating to the

cost savings or return on investment from the proposed closure

or realignment of military installations shall take into account

the effect of the proposed closure or realignment on the costs

of any other activity of the Department of Defense or any other

Federal agency that may be required to assume responsibility for

activities at the military installations.

‘‘(e) FINAL SELECTION CRITERIA.—Not later than February 16,

2004, the Secretary shall publish in the Federal Register and

transmit to the congressional defense committees the final criteria

to be used in making recommendations for the closure or realignment of military installations inside the United States under this

part in 2005. Such criteria shall be the final criteria to be used,

along with the force-structure plan and infrastructure inventory

referred to in section 2912, in making such recommendations unless

disapproved by an Act of Congress enacted on or before March

15, 2004.

‘‘(f) RELATION TO CRITERIA FOR EARLIER ROUNDS.—Section

2903(b), and the selection criteria prepared under such section,

shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in

2005.’’.

SEC. 3003. REVISED PROCEDURES FOR MAKING RECOMMENDATIONS

FOR REALIGNMENTS AND CLOSURES AND COMMISSION

CONSIDERATION OF RECOMMENDATIONS.

The Defense Base Closure and Realignment Act of 1990 (part

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note)

is amended by inserting after section 2913, as added by section

3002, the following new section:

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115 STAT. 1346 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS

FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND;

COMMISSION CONSIDERATION OF RECOMMENDATIONS.

‘‘(a) RECOMMENDATIONS REGARDING CLOSURE OR REALIGNMENT

OF MILITARY INSTALLATIONS.—If the Secretary makes the certifications required under section 2912(b), the Secretary shall publish

in the Federal Register and transmit to the congressional defense

committees and the Commission, not later than May 16, 2005,

a list of the military installations inside the United States that

the Secretary recommends for closure or realignment on the basis

of the force-structure plan and infrastructure inventory prepared

by the Secretary under section 2912 and the final selection criteria

prepared by the Secretary under section 2913. ‘‘(b) PREPARATION OF RECOMMENDATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall comply with paragraphs (2) through (6) of section 2903(c) in preparing and

transmitting the recommendations under this section. However,

paragraph (6) of section 2903(c) relating to submission of

information to Congress shall be deemed to require such

submission within 48 hours. ‘‘(2) CONSIDERATION OF LOCAL GOVERNMENT VIEWS.—(A)

In making recommendations to the Commission in 2005, the

Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the

installation.

‘‘(B) Notwithstanding the requirement in subparagraph (A),

the Secretary shall make the recommendations referred to in

that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable

to such recommendations.

‘‘(C) The recommendations shall include a statement of

the result of the consideration of any notice described in

subparagraph (A) that is received with respect to a military

installation covered by such recommendations. The statement

shall set forth the reasons for the result.

‘‘(c) RECOMMENDATIONS TO RETAIN BASES IN INACTIVE

STATUS.—In making recommendations for the closure or realignment of military installations, the Secretary may recommend that

an installation be placed in an inactive status if the Secretary

determines that—

‘‘(1) the installation may be needed in the future for

national security purposes; or

‘‘(2) retention of the installation is otherwise in the interest

of the United States.

‘‘(d) COMMISSION REVIEW AND RECOMMENDATIONS.—

‘‘(1) IN GENERAL.—Except as provided in this subsection,

section 2903(d) shall apply to the consideration by the Commission of the recommendations transmitted by the Secretary in

2005. The Commission’s report containing its findings and

conclusions, based on a review and analysis of the Secretary’s

recommendations, shall be transmitted to the President not

later than September 8, 2005.

‘‘(2) AVAILABILITY OF RECOMMENDATIONS TO CONGRESS.—

After September 8, 2005, the Commission shall promptly provide, upon request, to any Member of Congress information

used by the Commission in making its recommendations.

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PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1347

‘‘(3) LIMITATIONS ON AUTHORITY TO ADD TO CLOSURE OR

REALIGNMENT LISTS.—The Commission may not consider

making a change in the recommendations of the Secretary

that would add a military installation to the Secretary’s list

of installations recommended for closure or realignment unless,

in addition to the requirements of section 2903(d)(2)(C)—

‘‘(A) the Commission provides the Secretary with at

least a 15-day period, before making the change, in which

to submit an explanation of the reasons why the installation was not included on the closure or realignment list

by the Secretary; and

‘‘(B) the decision to add the installation for Commission

consideration is supported by at least seven members of

the Commission.

‘‘(4) TESTIMONY BY SECRETARY.—The Commission shall

invite the Secretary to testify at a public hearing, or a closed

hearing if classified information is involved, on any proposed

change by the Commission to the Secretary’s recommendations. ‘‘(5) COMPTROLLER GENERAL REPORT.—The Comptroller

General report required by section 2903(d)(5)(B) analyzing the

recommendations of the Secretary and the selection process

in 2005 shall be transmitted to the congressional defense

committees not later than July 1, 2005.

‘‘(e) REVIEW BY THE PRESIDENT.—

‘‘(1) IN GENERAL.—Except as provided in this subsection,

section 2903(e) shall apply to the review by the President

of the recommendations of the Commission under this section,

and the actions, if any, of the Commission in response to

such review, in 2005. The President shall review the recommendations of the Secretary and the recommendations contained in the report of the Commission under subsection (d)

and prepare a report, not later than September 23, 2005, containing the President’s approval or disapproval of the Commission’s recommendations.

‘‘(2) COMMISSION RECONSIDERATION.—If the Commission

prepares a revised list of recommendations under section

2903(e)(3) in 2005 in response to the review of the President

in that year under paragraph (1), the Commission shall

transmit the revised list to the President not later than October

20, 2005.

‘‘(3) EFFECT OF FAILURE TO TRANSMIT.—If the President

does not transmit to Congress an approval and certification

described in paragraph (2) or (4) of section 2903(e) by November

7, 2005, the process by which military installations may be

selected for closure or realignment under this part in 2005

shall be terminated.

‘‘(4) EFFECT OF TRANSMITTAL.—A report of the President

under this subsection containing the President’s approval of

the Commission’s recommendations is deemed to be a report

under section 2903(e) for purposes of sections 2904 and 2908.’’.

SEC. 3004. LIMITATIONS ON PRIVATIZATION IN PLACE.

Section 2904(a) of the Defense Base Closure and Realignment

Act of 1990 (part A of title XXIX of Public Law 101–510; 10

U.S.C. 2687 note) is amended—

(1) by redesignating paragraphs (3) and (4) as paragraphs

(4) and (5), respectively; and

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115 STAT. 1348 PUBLIC LAW 107–107—DEC. 28, 2001

(2) by inserting after paragraph (2) the following new paragraph (3): ‘‘(3) carry out the privatization in place of a military

installation recommended for closure or realignment by the

Commission in the 2005 report only if privatization in place

is a method of closure or realignment of the military installation

specified in the recommendations of the Commission in such

report and is determined by the Commission to be the most

cost-effective method of implementation of the recommendation;’’.

SEC. 3005. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.

(a) ESTABLISHMENT.—The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510;

10 U.S.C. 2687 note) is amended by inserting after section 2906

the following new section:

‘‘SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2005.

‘‘(a) IN GENERAL.—(1) If the Secretary makes the certifications

required under section 2912(b), there shall be established on the

books of the Treasury an account to be known as the ‘Department

of Defense Base Closure Account 2005’ (in this section referred

to as the ‘Account’). The Account shall be administered by the

Secretary as a single account. ‘‘(2) There shall be deposited into the Account— ‘‘(A) funds authorized for and appropriated to the Account;

‘‘(B) any funds that the Secretary may, subject to approval

in an appropriation Act, transfer to the Account from funds

appropriated to the Department of Defense for any purpose,

except that such funds may be transferred only after the date

on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and ‘‘(C) except as provided in subsection (d), proceeds received

from the lease, transfer, or disposal of any property at a military

installation that is closed or realigned under this part pursuant

to a closure or realignment the date of approval of which

is after January 1, 2005.

‘‘(3) The Account shall be closed at the time and in the manner

provided for appropriation accounts under section 1555 of title

31, United States Code. Unobligated funds which remain in the

Account upon closure shall be held by the Secretary of the Treasury

until transferred by law after the congressional defense committees

receive the final report transmitted under subsection (c)(2). ‘‘(b) USE OF FUNDS.—(1) The Secretary may use the funds

in the Account only for the purposes described in section 2905

with respect to military installations the date of approval of closure

or realignment of which is after January 1, 2005.

‘‘(2) When a decision is made to use funds in the Account

to carry out a construction project under section 2905(a) and the

cost of the project will exceed the maximum amount authorized

by law for a minor military construction project, the Secretary

shall notify in writing the congressional defense committees of

the nature of, and justification for, the project and the amount

of expenditures for such project. Any such construction project

may be carried out without regard to section 2802(a) of title 10,

United States Code.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1349

‘‘(c) REPORTS.—(1)(A) No later than 60 days after the end of

each fiscal year in which the Secretary carries out activities under

this part using amounts in the Account, the Secretary shall transmit

a report to the congressional defense committees of the amount

and nature of the deposits into, and the expenditures from, the

Account during such fiscal year and of the amount and nature

of other expenditures made pursuant to section 2905(a) during

such fiscal year.

‘‘(B) The report for a fiscal year shall include the following:

‘‘(i) The obligations and expenditures from the Account

during the fiscal year, identified by subaccount, for each military department and Defense Agency.

‘‘(ii) The fiscal year in which appropriations for such

expenditures were made and the fiscal year in which funds

were obligated for such expenditures.

‘‘(iii) Each military construction project for which such

obligations and expenditures were made, identified by installation and project title.

‘‘(iv) A description and explanation of the extent, if any,

to which expenditures for military construction projects for

the fiscal year differed from proposals for projects and funding

levels that were included in the justification transmitted to

Congress under section 2907(1), or otherwise, for the funding

proposals for the Account for such fiscal year, including an

explanation of—

‘‘(I) any failure to carry out military construction

projects that were so proposed; and

‘‘(II) any expenditures for military construction projects

that were not so proposed.

‘‘(2) No later than 60 days after the termination of the authority

of the Secretary to carry out a closure or realignment under this

part with respect to military installations the date of approval

of closure or realignment of which is after January 1, 2005, and

no later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional

defense committees a report containing an accounting of—

‘‘(A) all the funds deposited into and expended from the

Account or otherwise expended under this part with respect

to such installations; and

‘‘(B) any amount remaining in the Account.

‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROPERTY PURCHASED WITH NONAPPROPRIATED FUNDS.—(1) If any real

property or facility acquired, constructed, or improved (in whole

or in part) with commissary store funds or nonappropriated funds

is transferred or disposed of in connection with the closure or

realignment of a military installation under this part the date

of approval of closure or realignment of which is after January

1, 2005, a portion of the proceeds of the transfer or other disposal

of property on that installation shall be deposited in the reserve

account established under section 204(b)(7)(C) of the Defense

Authorization Amendments and Base Closure and Realignment Act

(10 U.S.C. 2687 note).

‘‘(2) The amount so deposited shall be equal to the depreciated

value of the investment made with such funds in the acquisition,

construction, or improvement of that particular real property or

facility. The depreciated value of the investment shall be computed

in accordance with regulations prescribed by the Secretary.

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115 STAT. 1350 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(3) The Secretary may use amounts in the reserve account,

without further appropriation, for the purpose of acquiring, constructing, and improving—

‘‘(A) commissary stores; and

‘‘(B) real property and facilities for nonappropriated fund

instrumentalities.

‘‘(4) In this subsection, the terms ‘commissary store funds’,

‘nonappropriated funds’, and ‘nonappropriated fund instrumentality’

shall have the meaning given those terms in section 2906(d)(4).

‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR ENVIRONMENTAL RESTORATION PROJECTS.—Except as provided in section

2906(e) with respect to funds in the Department of Defense Base

Closure Account 1990 under section 2906 and except for funds

deposited into the Account under subsection (a), funds appropriated

to the Department of Defense may not be used for purposes

described in section 2905(a)(1)(C). The prohibition in this subsection

shall expire upon the closure of the Account under subsection

(a)(3).’’.

(b) CONFORMING AMENDMENTS.—Section 2906 of that Act is

amended—

(1) in subsection (a)(2)(C), by inserting ‘‘the date of approval

of closure or realignment of which is before January 1, 2005’’

after ‘‘under this part’’;

(2) in subsection (b)(1), by inserting ‘‘with respect to military installations the date of approval of closure or realignment

of which is before January 1, 2005,’’ after ‘‘section 2905’’;

(3) in subsection (c)(2)—

(A) in the matter preceding subparagraph (A), by

inserting ‘‘with respect to military installations the date

of approval of closure or realignment of which is before

January 1, 2005,’’ after ‘‘under this part’’; and

(B) in subparagraph (A), by inserting ‘‘with respect

to such installations’’ after ‘‘under this part’’;

(4) in subsection (d)(1), by inserting ‘‘the date of approval

of closure or realignment of which is before January 1, 2005’’

after ‘‘under this part’’; and

(5) in subsection (e), by striking ‘‘Except for’’ and inserting

‘‘Except as provided in section 2906A(e) with respect to funds

in the Department of Defense Base Closure Account 2005 under

section 2906A and except for’’.

(c) CLERICAL AMENDMENT.—The section heading of section 2906

of that Act is amended by striking ‘‘ACCOUNT’’ and inserting

‘‘DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990’’.

SEC. 3006. IMPLEMENTATION OF CLOSURE AND REALIGNMENT

DECISIONS.

(a) REQUIREMENT TO RECEIVE FAIR MARKET VALUE.—Section

2905(b)(4)(B) of that Act is amended—

(1) in the first sentence, by striking ‘‘shall be without

consideration’’ in the matter preceding clause (i) and inserting

‘‘may be without consideration’’; and

(2) by inserting after ‘‘(B)’’ the following new sentence:

‘‘With respect to military installations for which the date of

approval of closure or realignment is after January 1, 2005,

the Secretary shall seek to obtain consideration in connection

with any transfer under this paragraph of property located

10 USC 2687

note.

10 USC 2687

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1351

at the installation in an amount equal to the fair market

value of the property, as determined by the Secretary.’’. (b) TRANSFERS IN CONNECTION WITH PAYMENT OF ENVIRONMENTAL REMEDIATION.—Section 2905(e) of that Act is amended— (1) in paragraph (1)(B), by adding at the end the following

new sentence: ‘‘The real property and facilities referred to in

subparagraph (A) are also the real property and facilities

located at an installation approved for closure or realignment

under this part after 2001 that are available for purposes

other than to assist the homeless.’’;

(2) in paragraph (2)(A), by striking ‘‘to be paid by the

recipient of the property or facilities’’ and inserting ‘‘otherwise

to be paid by the Secretary with respect to the property or

facilities’’;

(3) by striking paragraph (6);

(4) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and

(5) by inserting after paragraph (2) the following new paragraph (3):

‘‘(3) In the case of property or facilities covered by a certification

under paragraph (2)(A), the Secretary may pay the recipient of

such property or facilities an amount equal to the lesser of— ‘‘(A) the amount by which the costs incurred by the

recipient of such property or facilities for all environmental

restoration, waste, management, and environmental compliance

activities with respect to such property or facilities exceed

the fair market value of such property or facilities as specified

in such certification; or

‘‘(B) the amount by which the costs (as determined by

the Secretary) that would otherwise have been incurred by

the Secretary for such restoration, management, and activities

with respect to such property or facilities exceed the fair market

value of such property or facilities as so specified.’’.

(c) SCOPE OF INDEMNIFICATION OF TRANSFEREES IN CONNECTION

WITH PAYMENT OF ENVIRONMENTAL REMEDIATION.—Paragraph (6)

of section 2905(e) of that Act, as redesignated by subsection (b)(4),

is amended by inserting before the period the following: ‘‘, except

in the case of releases or threatened releases not disclosed pursuant

to paragraph (4)’’.

SEC. 3007. TECHNICAL AND CLARIFYING AMENDMENTS.

(a) RELATIONSHIP TO OTHER BASE CLOSURE AUTHORITY.—Section 2909(a) of the Defense Base Closure and Realignment Act

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.

2687 note) is amended by striking ‘‘the date of the enactment

of this Act and ending on December 31, 1995,’’ and inserting

‘‘November 5, 1990, and ending on April 15, 2006,’’.

(b) COMMENCEMENT OF PERIOD FOR NOTICE OF INTEREST IN

PROPERTY FOR HOMELESS.—Section 2905(b)(7)(D)(ii)(I) of that Act

is amended by striking ‘‘that date’’ and inserting ‘‘the date of

publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under

subparagraph (B)(i)(IV)’’.

(c) COMMITTEE NAME.—That Act is further amended by striking

‘‘National Security’’ and inserting ‘‘Armed Services’’ each place it

appears in the following provisions:

(A) Section 2902(e)(2)(B)(ii). 10 USC 2687

note.

115 STAT. 1352 PUBLIC LAW 107–107—DEC. 28, 2001

(B) Section 2908(b).

(d) OTHER CLARIFYING AMENDMENTS.—(1) That Act is further

amended by inserting ‘‘or realignment’’ after ‘‘closure’’ each place

it appears in the following provisions:

(A) Section 2905(b)(3).

(B) Section 2905(b)(5).

(C) Section 2905(b)(7)(B)(iv).

(D) Section 2905(b)(7)(N).

(E) Section 2910(10)(B).

(2) That Act is further amended by inserting ‘‘or realigned’’

after ‘‘closed’’ each place it appears in the following provisions:

(A) Section 2905(b)(3)(C)(ii).

(B) Section 2905(b)(3)(D).

(C) Section 2905(b)(3)(E).

(D) Section 2905(b)(5)(A).

(E) Section 2910(9).

(F) Section 2910(10).

(3) Section 2905(e)(1)(B) of that Act is amended by inserting

‘‘, or realigned or to be realigned,’’ after ‘‘closed or to be closed’’.

SEC. 3008. PREPARATION OF INFRASTRUCTURE PLAN FOR THE

NUCLEAR WEAPONS COMPLEX.

(a) INFRASTRUCTURE PLAN FOR NUCLEAR WEAPONS COMPLEX.—

(1) PREPARATION AND SUBMISSION.—Not later than the date

on which the budget for the Department of Energy for fiscal

year 2004 is submitted to Congress, the Secretary of Energy

shall submit to Congress an infrastructure plan for the nuclear

weapons complex adequate to support the nuclear weapons

stockpile, the naval reactors program, and nonproliferation and

national security activities.

(2) SPECIAL CONSIDERATIONS.—In preparing the infrastructure plan, the Secretary shall take into consideration the following:

(A) The Department of Defense Nuclear Posture

Review required pursuant to 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).

(B) Any efficiencies and security benefits of consolidation of facilities of the nuclear weapons complex.

(C) The necessity to have a residual production capability.

(b) RECOMMENDATIONS REGARDING REALIGNMENTS AND CLOSURES.—On the basis of the infrastructure plan prepared under

subsection (a), the Secretary shall make such recommendations

regarding the need to close or realign facilities of the nuclear

weapons complex as the Secretary considers appropriate, including

the Secretary’s recommendations on whether to establish a process

by which a round of closures and realignments would be carried

out and any additional legislative authority necessary to implement

the recommendations. The Secretary shall submit the recommendations as part of the infrastructure plan under subsection (a).

(c) DEFINITIONS.—In this section:

(1) The terms ‘‘Secretary’’ and ‘‘Secretary of Energy’’ mean

the Secretary of Energy, acting after consideration of the recommendations of the Administrator for Nuclear Security.

Deadline.

50 USC 2401

note.

10 USC 2687

note.

10 USC 2687

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1353

(2) The term ‘‘nuclear weapons complex’’ means the

national security laboratories and nuclear weapons production

facilities (as such terms are defined in section 3281 of the

National Nuclear Security Administration Act (50 U.S.C. 2471))

and the facilities of the Naval Nuclear Propulsion Program

provided for under the Naval Nuclear Propulsion Executive

Order (as such term is defined in section 3216 of such Act

(50 U.S.C. 2406)).

DIVISION C—DEPARTMENT OF ENERGY

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY

NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense environmental management privatization.

Sec. 3105. Defense nuclear waste disposal.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on minor construction projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of

Energy. Sec. 3128. Availability of funds.

Sec. 3129. Transfer of defense environmental management funds.

Sec. 3130. Transfer of weapons activities funds.

Subtitle C—Program Authorizations, Restrictions, and Limitations

Sec. 3131. Consolidation of Nuclear Cities Initiative program with Initiatives for

Proliferation Prevention program. Sec. 3132. Nuclear Cities Initiative.

Sec. 3133. Limitation on availability of funds for weapons activities for facilities

and infrastructure.

Sec. 3134. Limitation on availability of funds for other defense activities for national security programs administrative support. Sec. 3135. Termination date of Office of River Protection, Richland, Washington.

Sec. 3136. Support for public education in the vicinity of Los Alamos National Laboratory, New Mexico. Sec. 3137. Reports on achievement of milestones for National Ignition Facility.

Subtitle D—Matters Relating to Management of the National Nuclear

Security Administration

Sec. 3141. Establishment of Principal Deputy Administrator of National Nuclear

Security Administration. Sec. 3142. Elimination of requirement that national security laboratories and nuclear weapons production facilities report to Deputy Administrator for

Defense Programs. Sec. 3143. Repeal of duplicative provision relating to dual office holding by personnel of National Nuclear Security Administration. Sec. 3144. Report on adequacy of Federal pay and hiring authorities to meet personnel requirements of National Nuclear Security Administration.

Subtitle E—Other Matters

Sec. 3151. Improvements to Energy Employees Occupational Illness Compensation

Program.

115 STAT. 1354 PUBLIC LAW 107–107—DEC. 28, 2001

Sec. 3152. Department of Energy counterintelligence polygraph program.

Sec. 3153. One-year extension of authority of Department of Energy to pay voluntary separation incentive payments. Sec. 3154. Annual assessment and report on vulnerability of Department of Energy

facilities to terrorist attack.

Sec. 3155. Disposition of surplus defense plutonium at Savannah River Site, Aiken,

South Carolina.

Sec. 3156. Modification of date of report of panel to assess the reliability, safety,

and security of the United States nuclear stockpile.

Subtitle F—Rocky Flats National Wildlife Refuge

Sec. 3171. Short title.

Sec. 3172. Findings and purposes.

Sec. 3173. Definitions.

Sec. 3174. Future ownership and management.

Sec. 3175. Transfer of management responsibilities and jurisdiction over Rocky

Flats.

Sec. 3176. Administration of retained property; continuation of cleanup and closure.

Sec. 3177. Rocky Flats National Wildlife Refuge.

Sec. 3178. Comprehensive planning process.

Sec. 3179. Property rights.

Sec. 3180. Liabilities and other obligations.

Sec. 3181. Rocky Flats Museum.

Sec. 3182. Annual report on funding.

Subtitle A—National Security Programs

Authorizations

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for the activities of the National

Nuclear Security Administration in carrying out programs necessary for national security in the amount of $7,121,094,000, to

be allocated as follows:

(1) WEAPONS ACTIVITIES.—For weapons activities,

$5,343,567,000, to be allocated as follows:

(A) For stewardship operation and maintenance,

$4,601,871,000, to be allocated as follows:

(i) For directed stockpile work, $1,002,274,000.

(ii) For campaigns, $2,074,473,000, to be allocated

as follows:

(I) For operation and maintenance,

$1,704,501,000.

(II) For construction, $369,972,000, to be allocated as follows:

Project 01–D–101, distributed information

systems laboratory, Sandia National Laboratories, Livermore, California, $5,400,000.

Project 00–D–103, terascale simulation

facility, Lawrence Livermore National Laboratory, Livermore, California, $22,000,000.

Project 00–D–105, strategic computing

complex, Los Alamos National Laboratory, Los

Alamos, New Mexico, $11,070,000.

Project 00–D–107, joint computational

engineering laboratory, Sandia National Laboratories, Albuquerque, New Mexico,

$5,377,000.

Project 98–D–125, tritium extraction

facility, Savannah River Plant, Aiken, South

Carolina, $81,125,000.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1355

Project 96–D–111, national ignition

facility (NIF), Lawrence Livermore National

Laboratory, Livermore, California,

$245,000,000.

(iii) For readiness in technical base and facilities,

$1,525,124,000, to be allocated as follows:

(I) For operation and maintenance,

$1,348,260,000.

(II) For plant projects (including maintenance,

restoration, planning, construction, acquisition,

modification of facilities, and the continuation of

projects authorized in prior years, and land

acquisition related thereto), $176,864,000, to be

allocated as follows:

Project 02–D–103, project engineering and

design (PED), various locations, $22,830,000.

Project 02–D–105, engineering technology

complex upgrade, Lawrence Livermore

National Laboratory, Livermore, California,

$4,750,000.

Project 02–D–107, electrical power systems safety communications and bus

upgrades, Nevada Test Site, Nevada,

$3,507,000.

Project 01–D–101, microsystems and

engineering sciences applications (MESA),

Sandia National Laboratories, Albuquerque,

New Mexico, $39,000,000.

Project 01–D–103, preliminary project

design and engineering, various locations,

$16,379,000.

Project 01–D–107, Atlas relocation,

Nevada Test Site, Nevada, $3,300,000.

Project 01–D–126, weapons evaluation

test laboratory, Pantex Plant, Amarillo, Texas,

$7,700,000.

Project 01–D–800, sensitive compartmented information facility, Lawrence Livermore National Laboratory, Livermore, California, $12,993,000.

Project 99–D–103, isotope sciences facilities, Lawrence Livermore National Laboratory, Livermore, California, $4,400,000.

Project 99–D–104, protection of real property (roof reconstruction, phase II), Lawrence

Livermore National Laboratory, Livermore,

California, $2,800,000.

Project 99–D–106, model validation and

system certification center, Sandia National

Laboratories, Albuquerque, New Mexico,

$4,955,000.

Project 99–D–108, renovate existing roadways, Nevada Test Site, Nevada, $2,000,000.

Project 99–D–125, replace boilers and controls, Kansas City Plant, Kansas City, Missouri, $300,000.

115 STAT. 1356 PUBLIC LAW 107–107—DEC. 28, 2001

Project 99–D–127, stockpile management

restructuring initiative, Kansas City plant,

Kansas City, Missouri, $22,200,000.

Project 99–D–128, stockpile management

restructuring initiative, Pantex Plant, Amarillo, Texas, $3,300,000.

Project 98–D–123, stockpile management

restructuring initiative, tritium facility modernization and consolidation, Savannah River

Plant, Aiken, South Carolina, $13,700,000.

Project 98–D–124, stockpile management

restructuring initiative, Y–12 consolidation,

Oak Ridge, Tennessee, $6,850,000.

Project 97–D–123, structural upgrades,

Kansas City Plant, Kansas City, Missouri,

$3,000,000.

Project 96–D–102, stockpile stewardship

facilities revitalization, Phase VI, various locations, $2,900,000.

(B) For secure transportation asset, $121,800,000, to

be allocated as follows:

(i) For operation and maintenance, $77,571,000.

(ii) For program direction, $44,229,000.

(C) For safeguards and security, $448,881,000, to be

allocated as follows:

(i) For operations and maintenance, $439,281,000.

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects

authorized in prior years, and land acquisition related

thereto), $9,600,000, to be allocated as follows:

Project 99–D–132, stockpile management

restructuring initiative, nuclear material safeguards and security upgrades project, Los Alamos

National Laboratory, Los Alamos, New Mexico,

$9,600,000.

(D) For facilities and infrastructure, $200,000,000.

(E) The total amount authorized by this paragraph

is the sum of the amounts authorized to be appropriated

by subparagraphs (A) through (D), reduced by $28,985,000,

to be derived from a security charge for reimbursable work.

(2) DEFENSE NUCLEAR NONPROLIFERATION.—For defense

nuclear nonproliferation activities, $776,886,000, to be allocated

as follows:

(A) For nonproliferation and verification research and

development, $244,306,000, to be allocated as follows:

(i) For operation and maintenance, $208,500,000.

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects

authorized in prior years, and land acquisition related

thereto), $35,806,000, to be allocated as follows:

Project 00–D–192, nonproliferation and international security center (NISC), Los Alamos

National Laboratory, Los Alamos, New Mexico,

$35,806,000.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1357

(B) For arms control and Russian transition initiatives,

$117,741,000.

(C) For international materials protection, control, and

accounting, $143,800,000.

(D) For highly enriched uranium transparency

implementation, $13,950,000.

(E) For international nuclear safety, $10,000,000.

(F) For fissile materials control and disposition,

$289,089,000, to be allocated as follows:

(i) For United States surplus fissile materials disposition, $228,089,000, to be allocated as follows:

(I) For operation and maintenance,

$130,089,000.

(II) For plant projects (including maintenance,

restoration, planning, construction, acquisition,

modification of facilities, and the continuation of

projects authorized in prior years, and land

acquisition related thereto), $98,000,000, to be allocated as follows:

Project 01–D–407, highly enriched uranium blend-down, Savannah River Site, Aiken,

South Carolina, $24,000,000.

Project 99–D–141, pit disassembly and

conversion facility, Savannah River Site,

Aiken, South Carolina, $11,000,000.

Project 99–D–143, mixed oxide fuel fabrication facility, Savannah River Site, Aiken,

South Carolina, $63,000,000.

(ii) For Russian surplus fissile materials disposition, $61,000,000.

(G) The total amount authorized by this paragraph

is the sum of the amounts authorized to be appropriated

by subparagraphs (A) through (F), reduced by $42,000,000,

to be derived from offsets and use of prior year balances.

(3) NAVAL REACTORS.—For naval reactors, $688,045,000,

to be allocated as follows:

(A) For naval reactors development, $665,445,000, to

be allocated as follows:

(i) For operation and maintenance, $652,245,000.

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects

authorized in prior years, and land acquisition related

thereto), $13,200,000, to be allocated as follows:

Project 01–D–200, major office replacement

building, Schenectady, New York, $9,000,000.

Project 90–N–102, expended core facility dry

cell project, Naval Reactors Facility, Idaho,

$4,200,000.

(B) For program direction, $22,600,000.

(4) OFFICE OF ADMINISTRATOR FOR NUCLEAR SECURITY.—

For the Office of the Administrator for Nuclear Security, and

for program direction for the National Nuclear Security

Administration (other than for naval reactors and secure

transportation asset), $312,596,000.

115 STAT. 1358 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE

MANAGEMENT.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for environmental restoration and waste management activities in carrying

out programs necessary for national security in the amount of

$6,022,415,000, to be allocated as follows:

(1) CLOSURE PROJECTS.—For closure projects carried out

in accordance with section 3143 of the National Defense

Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2836; 42 U.S.C. 7277n), $1,080,538,000.

(2) SITE/PROJECT COMPLETION.—For site completion and

project completion in carrying out environmental management

activities necessary for national security programs,

$959,696,000, to be allocated as follows:

(A) For operation and maintenance, $919,030,000.

(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of

facilities, and the continuation of projects authorized in

prior years, and land acquisition related thereto),

$40,666,000, to be allocated as follows:

Project 01–D–402, Intec cathodic protection system

expansion, Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho, $3,256,000.

Project 02–D–420, plutonium stabilization and

packaging, Savannah River Site, Aiken, South Carolina, $20,000,000.

Project 01–D–414, preliminary project, engineering

and design (PE&D), various locations, $2,754,000.

Project 99–D–402, tank farm support services,

F&H areas, Savannah River Site, Aiken, South Carolina, $5,040,000.

Project 99–D–404, health physics instrumentation

laboratory, Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho, $2,700,000.

Project 98–D–453, plutonium stabilization and

handling system for plutonium finishing plant, Richland, Washington, $1,910,000.

Project 96–D–471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit,

Savannah River Site, Aiken, South Carolina,

$4,244,000.

Project 86–D–103, decontamination and waste

treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $762,000.

(3) POST-2006 COMPLETION.—For post-2006 completion in

carrying out environmental restoration and waste management

activities necessary for national security programs,

$3,265,201,000, to be allocated as follows:

(A) For operation and maintenance, $1,955,979,000.

(B) For uranium enrichment decontamination and

decommissioning fund contribution, $420,000,000.

(C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of

facilities, and the continuation of projects authorized in

prior years, and land acquisition related thereto),

$6,754,000, to be allocated as follows:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1359

Project 93–D–187, high-level waste removal from

filled waste tanks, Savannah River Site, Aiken, South

Carolina, $6,754,000.

(D) For the Office of River Protection in carrying out

environmental restoration and waste management activities necessary for national security programs, $882,468,000,

to be allocated as follows:

(i) For operation and maintenance, $322,151,000.

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects

authorized in prior years, and land acquisition related

thereto), $560,317,000, to be allocated as follows:

Project 01–D–416, waste treatment and immobilization plant, Richland, Washington,

$520,000,000.

Project 97–D–402, tank farm restoration and

safe operations, Richland, Washington,

$33,473,000.

Project 94–D–407, initial tank retrieval systems, Richland, Washington, $6,844,000.

(4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—For science

and technology development in carrying out environmental restoration and waste management activities necessary for

national security programs, $216,000,000.

(5) EXCESS FACILITIES.—For excess facilities in carrying

out environmental restoration and waste management activities

necessary for national security programs, $1,300,000.

(6) SAFEGUARDS AND SECURITY.—For safeguards and security in carrying out environmental restoration and waste

management activities necessary for national security programs, $205,621,000.

(7) PROGRAM DIRECTION.—For program direction in carrying out environmental restoration and waste management

activities necessary for national security programs,

$355,761,000.

(b) ADJUSTMENT.—The total amount authorized to be appropriated by subsection (a) is the sum of the amounts authorized

to be appropriated by paragraphs (1) through (7) of that subsection,

reduced by $61,702,000, of which $56,311,000 is to reflect an offset

provided by use of prior year balances and $5,391,000 is to be

derived from a security charge for reimbursable work.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for other

defense activities in carrying out programs necessary for national

security in the amount of $499,663,000, to be allocated as follows:

(1) INTELLIGENCE.—For intelligence, $40,844,000.

(2) COUNTERINTELLIGENCE.—For counterintelligence,

$46,000,000.

(3) SECURITY AND EMERGENCY OPERATIONS.—For security

and emergency operations, $250,427,000, to be allocated as

follows:

(A) For nuclear safeguards and security, $116,500,000.

(B) For security investigations, $44,927,000.

115 STAT. 1360 PUBLIC LAW 107–107—DEC. 28, 2001

(C) For corporate management information programs,

$10,000,000.

(D) For program direction, $79,000,000.

(4) INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE.—For independent oversight and performance assurance,

$14,904,000.

(5) OFFICE OF ENVIRONMENT, SAFETY, AND HEALTH.—For

the Office of Environment, Safety, and Health, $113,307,000,

to be allocated as follows:

(A) For environment, safety, and health (defense),

$91,307,000.

(B) For program direction, $22,000,000.

(6) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For

worker and community transition assistance, $20,000,000, to

be allocated as follows:

(A) For worker and community transition, $18,000,000.

(B) For program direction, $2,000,000.

(7) OFFICE OF HEARINGS AND APPEALS.—For the Office of

Hearings and Appeals, $2,893,000.

(8) NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT.—For national security programs administrative support,

$22,000,000.

(b) ADJUSTMENT.—The amount authorized to be appropriated

pursuant to subsection (a) is the total of the amounts authorized

to be appropriated by paragraphs (1) through (8) of that subsection,

reduced by $10,712,000, of which $10,000,000 is to reflect an offset

provided by use of prior year balances and $712,000 is to be derived

from a security charge for reimbursable work.

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for privatization initiatives

in carrying out environmental restoration and waste management

activities necessary for national security programs in the amount

of $153,537,000, to be allocated as follows:

Project 02–PVT–1, Paducah disposal facility, Paducah, Kentucky, $13,329,000.

Project 02–PVT–2, Portsmouth disposal facility, Portsmouth, Ohio, $2,000,000.

Project 98–PVT–2, spent nuclear fuel dry storage, Idaho

Falls, Idaho, $49,332,000.

Project 98–PVT–5, environmental management/waste

management disposal, Oak Ridge, Tennessee, $26,065,000.

Project 97–PVT–2, advanced mixed waste treatment

project, Idaho Falls, Idaho, $52,000,000.

Project 97–PVT–3, transuranic waste treatment, Oak

Ridge, Tennessee, $10,826,000.

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for payment to the Nuclear

Waste Fund established in section 302(c) of the Nuclear Waste

Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of

$280,000,000.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1361

Subtitle B—Recurring General Provisions

SEC. 3121. REPROGRAMMING.

(a) IN GENERAL.—Except as provided in sections 3129 and

3130, until the Secretary of Energy submits to the congressional

defense committees the report referred to in subsection (b) and

a period of 30 days has elapsed after the date on which such

committees receive the report, the Secretary may not use amounts

appropriated pursuant to this title for any program— (1) in amounts that exceed, in a fiscal year, the amount

authorized for that program by this title; or

(2) which has not been presented to, or requested of, Congress.

(b) REPORT.—(1) The report referred to in subsection (a) is

a report containing a full and complete statement of the action

proposed to be taken and the facts and circumstances relied upon

in support of the proposed action.

(2) In the computation of the 30-day period under subsection

(a), there shall be excluded any day on which either House of

Congress is not in session because of an adjournment of more

than 3 days to a day certain.

(c) LIMITATIONS.—(1) In no event may the total amount of

funds obligated pursuant to this title exceed the total amount

authorized to be appropriated by this title.

(2) Funds appropriated pursuant to this title may not be used

for an item for which Congress has specifically denied funds.

SEC. 3122. LIMITS ON MINOR CONSTRUCTION PROJECTS.

(a) AUTHORITY.—The Secretary of Energy may carry out any

minor construction project using operation and maintenance funds,

or facilities and infrastructure funds, authorized by this title.

(b) ANNUAL REPORT.—The Secretary shall submit to the

congressional defense committees on an annual basis a report on

each exercise of the authority in subsection (a) during the preceding

year. Each report shall provide a brief description of each minor

construction project covered by the report.

(c) COST VARIATION REPORTS TO CONGRESSIONAL COMMIT- TEES.—If, at any time during the construction of any minor

construction project authorized by this title, the estimated cost

of the project is revised and the revised cost of the project exceeds

$5,000,000, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the

cost variation.

(d) MINOR CONSTRUCTION PROJECT DEFINED.—In this section,

the term ‘‘minor construction project’’ means any plant project not

specifically authorized by law if the approved total estimated cost

of the plant project does not exceed $5,000,000.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

(a) IN GENERAL.—(1) Except as provided in paragraph (2),

construction on a construction project may not be started or additional obligations incurred in connection with the project above

the total estimated cost, whenever the current estimated cost of

the construction project, authorized by section 3101, 3102, or 3103,

or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds

by more than 25 percent the higher of—

115 STAT. 1362 PUBLIC LAW 107–107—DEC. 28, 2001

(A) the amount authorized for the project; or

(B) the amount of the total estimated cost for the project

as shown in the most recent budget justification data submitted

to Congress.

(2) An action described in paragraph (1) may be taken if— (A) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the

circumstances making such action necessary; and

(B) a period of 30 days has elapsed after the date on

which the report is received by the committees.

(3) In the computation of the 30-day period under paragraph

(2), there is excluded any day on which either House of Congress

is not in session because of an adjournment of more than 3 days

to a day certain.

(b) EXCEPTION.—Subsection (a) does not apply to a construction project with a current estimated cost of less than $5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary

of Energy may transfer funds authorized to be appropriated to

the Department of Energy pursuant to this title to other Federal

agencies for the performance of work for which the funds were

authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the

authorizations of the Federal agency to which the amounts are

transferred.

(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject

to paragraph (2), the Secretary of Energy may transfer funds

authorized to be appropriated to the Department of Energy pursuant to this title between any such authorizations. Amounts of

authorizations so transferred may be merged with and be available

for the same purposes and for the same period as the authorization

to which the amounts are transferred.

(2) Not more than 5 percent of any such authorization may

be transferred between authorizations under paragraph (1). No

such authorization may be increased or decreased by more than

5 percent by a transfer under such paragraph.

(c) LIMITATIONS.—The authority provided by this subsection

to transfer authorizations— (1) may be used only to provide funds for items relating

to activities necessary for national security programs that have

a higher priority than the items from which the funds are

transferred; and

(2) may not be used to provide funds for an item for

which Congress has specifically denied funds.

(d) NOTICE TO CONGRESS.—The Secretary of Energy shall

promptly notify the Committees on Armed Services of the Senate

and House of Representatives of any transfer of funds to or from

authorizations under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION

DESIGN.

(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1) Subject to paragraph (2) and except as provided in paragraph (3), before submitting

to Congress a request for funds for a construction project that

is in support of a national security program of the Department

of Energy, the Secretary of Energy shall complete a conceptual

design for that project.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1363

(2) If the estimated cost of completing a conceptual design for a construction project exceeds $3,000,000, the Secretary shall

submit to Congress a request for funds for the conceptual design

before submitting a request for funds for the construction project.

(3) The requirement in paragraph (1) does not apply to a

request for funds—

(A) for a minor construction project the total estimated

cost of which is less than $5,000,000; or

(B) for emergency planning, design, and construction activities under section 3126.

(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the

amounts authorized by this title, the Secretary of Energy may

carry out construction design (including architectural and

engineering services) in connection with any proposed construction

project if the total estimated cost for such design does not exceed

$600,000.

(2) If the total estimated cost for construction design in connec- tion with any construction project exceeds $600,000, funds for that

design must be specifically authorized by law.

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND

CONSTRUCTION ACTIVITIES.

(a) AUTHORITY.—The Secretary of Energy may use any funds

available to the Department of Energy pursuant to an authorization

in this title, including funds authorized to be appropriated for

advance planning, engineering, and construction design, and for

plant projects, under sections 3101, 3102, 3103, and 3104 to perform

planning, design, and construction activities for any Department

of Energy national security program construction project that, as

determined by the Secretary, must proceed expeditiously in order

to protect public health and safety, to meet the needs of national

defense, or to protect property.

(b) LIMITATION.—The Secretary may not exercise the authority

under subsection (a) in the case of any construction project until

the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry

out under this section and the circumstances making those activities

necessary.

(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2)

does not apply to emergency planning, design, and construction

activities conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY.

Subject to the provisions of appropriation Acts and section

3121, amounts appropriated pursuant to this title for management

and support activities and for general plant projects are available

for use, when necessary, in connection with all national security

programs of the Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

(a) IN GENERAL.—Except as provided in subsection (b), when

so specified in an appropriations Act, amounts appropriated for

operation and maintenance or for plant projects may remain available until expended.

(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts

appropriated for program direction pursuant to an authorization

115 STAT. 1364 PUBLIC LAW 107–107—DEC. 28, 2001

of appropriations in subtitle A shall remain available to be expended

only until the end of fiscal year 2003.

SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT

FUNDS.

(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL

MANAGEMENT FUNDS.—The Secretary of Energy shall provide the

manager of each field office of the Department of Energy with

the authority to transfer defense environmental management funds

from a program or project under the jurisdiction of that office

to another such program or project.

(b) LIMITATIONS.—(1) Not more than three transfers may be

made to or from any program or project under subsection (a) in

a fiscal year.

(2) The amount transferred to or from a program or project

in any one transfer under subsection (a) may not exceed $5,000,000.

(3) A transfer may not be carried out by a manager of a

field office under subsection (a) unless the manager determines

that the transfer is necessary—

(A) to address a risk to health, safety, or the environment;

or

(B) to assure the most efficient use of defense environmental management funds at the field office.

(4) Funds transferred pursuant to subsection (a) may not be

used for an item for which Congress has specifically denied funds

or for a new program or project that has not been authorized

by Congress.

(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The

requirements of section 3121 shall not apply to transfers of funds

pursuant to subsection (a).

(d) NOTIFICATION.—The Secretary, acting through the Assistant

Secretary of Energy for Environmental Management, shall notify

Congress of any transfer of funds pursuant to subsection (a) not

later than 30 days after such transfer occurs.

(e) DEFINITIONS.—In this section:

(1) The term ‘‘program or project’’ means, with respect

to a field office of the Department of Energy, any of the following:

(A) A program referred to or a project listed in paragraph (2) or (3) of section 3102(a).

(B) A program or project not described in subparagraph

(A) that is for environmental restoration or waste management activities necessary for national security programs

of the Department, that is being carried out by that office,

and for which defense environmental management funds

have been authorized and appropriated before the date

of the enactment of this Act.

(2) The term ‘‘defense environmental management funds’’

means funds appropriated to the Department of Energy pursuant to an authorization for carrying out environmental restoration and waste management activities necessary for national

security programs.

(f) DURATION OF AUTHORITY.—The managers of the field offices

of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 2001, and

ending on September 30, 2002.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1365

SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS.

(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES FUNDS.—

The Secretary of Energy shall provide the manager of each field

office of the Department of Energy with the authority to transfer

weapons activities funds from a program or project under the jurisdiction of that office to another such program or project.

(b) LIMITATIONS.—(1) Not more than one transfer may be made

to or from any program or project under subsection (a) in a fiscal

year.

(2) The amount transferred to or from a program or project

in any one transfer under subsection (a) may not exceed $5,000,000.

(3) A transfer may not be carried out by a manager of a

field office under subsection (a) unless the manager determines

that the transfer—

(A) is necessary to address a risk to health, safety, or

the environment; or

(B) will result in cost savings and efficiencies.

(4) A transfer may not be carried out by a manager of a

field office under subsection (a) to cover a cost overrun or scheduling

delay for any program or project.

(5) Funds transferred pursuant to subsection (a) may not be

used for an item for which Congress has specifically denied funds

or for a new program or project that has not been authorized

by Congress.

(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The

requirements of section 3121 shall not apply to transfers of funds

pursuant to subsection (a).

(d) NOTIFICATION.—The Secretary, acting through the Administrator for Nuclear Security, shall notify Congress of any transfer

of funds pursuant to subsection (a) not later than 30 days after

such transfer occurs.

(e) DEFINITIONS.—In this section:

(1) The term ‘‘program or project’’ means, with respect

to a field office of the Department of Energy, any of the following:

(A) A program referred to or a project listed in section

3101(1).

(B) A program or project not described in subparagraph

(A) that is for weapons activities necessary for national

security programs of the Department, that is being carried

out by that office, and for which weapons activities funds

have been authorized and appropriated before the date

of the enactment of this Act.

(2) The term ‘‘weapons activities funds’’ means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national

security programs.

(f) DURATION OF AUTHORITY.—The managers of the field offices

of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 2001, and

ending on September 30, 2002.

115 STAT. 1366 PUBLIC LAW 107–107—DEC. 28, 2001

Subtitle C—Program Authorizations,

Restrictions, and Limitations

SEC. 3131. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM WITH INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM.

The Administrator for Nuclear Security shall consolidate the

Nuclear Cities Initiative program with the Initiatives for Proliferation Prevention program under a single management line.

SEC. 3132. NUCLEAR CITIES INITIATIVE.

(a) LIMITATIONS ON USE OF FUNDS.—No funds authorized to

be appropriated for the Nuclear Cities Initiative after fiscal year

2001 may be obligated or expended with respect to more than

three nuclear cities, or more than two serial production facilities

in Russia, until 30 days after the Administrator for Nuclear Security

submits to the appropriate congressional committees an agreement

signed by the Russian Federation on access under the Nuclear

Cities Initiative to the ten closed nuclear cities and four serial

production facilities of the Nuclear Cities Initiative.

(b) ANNUAL REPORT.—(1) Not later than the first Monday in

February each year, the Administrator shall submit to the appropriate congressional committees a report on financial and programmatic activities with respect to the Nuclear Cities Initiative

during the preceding fiscal year.

(2) Each report shall include, for the fiscal year covered by

such report, the following:

(A) A list of each project that is or was completed, ongoing,

or planned under the Nuclear Cities Initiative during such

fiscal year.

(B) For each project listed under subparagraph (A),

information, current as of the end of such fiscal year, on the

following:

(i) The purpose of such project.

(ii) The budget for such project.

(iii) The life-cycle costs of such project.

(iv) Participants in such project.

(v) The commercial viability of such project.

(vi) The number of jobs in Russia created or to be

created by or through such project.

(vii) Of the total amount of funds spent on such project,

the percentage of such amount spent in the United States

and the percentage of such amount spent overseas.

(C) A certification by the Administrator that each project

listed under subparagraph (A) did contribute, is contributing,

or will contribute, as the case may be, to the downsizing of

the nuclear weapons complex in Russia, together with a description of the evidence utilized to make such certification.

(c) DEFINITIONS.—In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means the Committee

on Armed Services of the Senate and the Committee on Armed

Services of the House of Representatives.

(2) NUCLEAR CITIES INITIATIVE.—The term ‘‘Nuclear Cities

Initiative’’ means the initiative arising pursuant to the March

1998 discussion between the Vice President of the United States

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1367

and the Prime Minister of the Russian Federation and between

the Secretary of Energy of the United States and the Minister

of Atomic Energy of the Russian Federation.

(3) NUCLEAR CITY.—The term ‘‘nuclear city’’ means any

of the nuclear cities within the complex of the Russia Ministry

of Atomic Energy (MINATOM) as follows:

(A) Sarov (Arzamas–16 and Avangard).

(B) Zarechnyy (Penza–19).

(C) Novoural’sk (Sverdlovsk–44).

(D) Lesnoy (Sverdlovsk–45).

(E) Ozersk (Chelyabinsk–65).

(F) Snezhinsk (Chelyabinsk–70).

(G) Trechgornyy (Zlatoust–36).

(H) Seversk (Tomsk–7).

(I) Zhelenznogorsk (Krasnoyarsk–26).

(J) Zelenogorsk (Krasnoyarsk–45).

SEC. 3133. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS

ACTIVITIES FOR FACILITIES AND INFRASTRUCTURE.

Not more than 50 percent of the funds authorized to be appropriated by section 3101(a)(1)(D) for the National Nuclear Security

Administration for weapons activities for facilities and infrastructure may be obligated or expended until the Administrator for

Nuclear Security submits to the congressional defense committees

a report setting forth the following:

(1) Criteria for the selection of projects to be carried out

using such funds.

(2) Criteria for establishing priorities among projects so

selected.

(3) A list of the projects so selected, including the priority

assigned to each such project.

SEC. 3134. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER

DEFENSE ACTIVITIES FOR NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT.

Not more than $5,000,000 of the funds authorized to be appropriated by section 3103(a)(8) for other defense activities for national

security programs administrative support may be obligated or

expended until the latest of the following:

(1) The date on which the Secretary of Energy submits

to Congress a report setting forth the purposes for which the

Secretary plans to obligate and expend such funds.

(2) The date on which the Administrator for Nuclear Security submits to Congress the future-years nuclear security program for fiscal year 2002 required by section 3253 of the

National Nuclear Security Administration Act (title XXXII of

Public Law 106–65; 50 U.S.C. 2453).

(3) The date on which the Secretary of Energy submits

to Congress the report on the feasibility of using an energy

savings performance contract mechanism to offset, or possibly

cover, the cost of a new office building for the Albuquerque

operations office of the Department of Energy, as completed

by the Secretary in accordance with the directive contained

in Senate Report 106–50 (the report of the Committee on Armed

Services of the Senate to accompany the bill S. 1059 of the

One Hundred Sixth Congress, relating to the National Defense

Authorization Act for Fiscal Year 2000; p. 470).

115 STAT. 1368 PUBLIC LAW 107–107—DEC. 28, 2001

SEC. 3135. TERMINATION DATE OF OFFICE OF RIVER PROTECTION,

RICHLAND, WASHINGTON.

Subsection (f) of section 3139 of the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999 (Public Law 105–

261; 112 Stat. 2250), as amended by section 3141 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–

462), is amended to read as follows:

‘‘(f) TERMINATION.—(1) The Office shall terminate on the later

to occur of the following dates:

‘‘(A) September 30, 2010.

‘‘(B) The date on which the Assistant Secretary of Energy

for Environmental Management determines, in consultation

with the head of the Office, that continuation of the Office

is no longer necessary to carry out the responsibilities of the

Department of Energy under the Tri-Party Agreement.

‘‘(2) The Assistant Secretary shall notify, in writing, the committees referred to in subsection (d) of a determination under paragraph (1).

‘‘(3) In this subsection, the term ‘Tri-Party Agreement’ means

the Hanford Federal Facility Agreement and Consent Order entered

into among the Department of Energy, the Environmental Protection Agency, and the State of Washington Department of Ecology.’’.

SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF

LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO.

(a) SUPPORT FOR FISCAL 2002.—From amounts appropriated

or otherwise made available to the Secretary of Energy by this

title—

(1) $6,900,000 shall be available for payment by the Secretary for fiscal year 2002 to the Los Alamos National Laboratory Foundation, a not-for-profit foundation chartered in accordance with section 3167(a) of the National Defense Authorization

Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2052);

and

(2) $8,000,000 shall be available for extension of the contract between the Department of Energy and the Los Alamos

Public Schools through fiscal year 2002.

(b) SUPPORT FOR FISCAL 2003.—Subject to the availability of

appropriations, the Secretary is authorized to—

(1) make payment for fiscal year 2003 similar to the payment referred to in subsection (a)(1); and

(2) provide for a contract extension through fiscal year

2003 similar to the contract extension referred to in subsection

(a)(2).

(c) USE OF FUNDS.—The foundation referred to in subsection

(a)(1) shall—

(1) utilize funds provided under this section as a contribution to the endowment fund for the foundation; and

(2) use the income generated from investments in the

endowment fund that are attributable to payments made under

this section to fund programs to support the educational needs

of children in public schools in the vicinity of Los Alamos

National Laboratory.

(d) REPORT.—Not later than March 1, 2002, the Secretary shall

submit to the congressional defense committees a report setting

forth the following:

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1369

(1) An evaluation of the requirements for continued payments beyond fiscal year 2003 into the endowment fund of

the foundation referred to in subsection (a) to enable the

foundation to meet the goals of the Department to support

the recruitment and retention of staff at the Los Alamos

National Laboratory.

(2) The Secretary’s recommendations for any further support beyond fiscal year 2003 directly to the Los Alamos Public

Schools.

SEC. 3137. REPORTS ON ACHIEVEMENT OF MILESTONES FOR

NATIONAL IGNITION FACILITY.

(a) NOTIFICATION OF ACHIEVEMENT.—The Administrator for

Nuclear Security shall notify the congressional defense committees

when the National Ignition Facility (NIF), Lawrence Livermore

National Laboratory, Livermore, California, achieves each Level

I milestone and Level II milestone for the National Ignition Facility.

(b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT.—Not later

than 10 days after the date on which the National Ignition Facility

fails to achieve a Level I milestone or Level II milestone for the

National Ignition Facility in a timely manner, the Administrator

shall submit to the congressional defense committees a report on

such failure. Each such report shall include—

(1) a statement of the failure of the National Ignition

Facility to achieve the milestone concerned in a timely manner;

(2) an explanation for the failure; and

(3) either—

(A) an estimate when that milestone will be achieved;

or

(B) if that milestone will not be achieved—

(i) a statement that that milestone will not be

achieved;

(ii) an explanation why that milestone will not

be achieved; and

(iii) the implications for the overall scope, schedule,

and budget of the National Ignition Facility project

of not achieving that milestone.

(c) MILESTONES.—For purposes of this section, the Level I milestones and Level II milestones for the National Ignition Facility

are as established in the August 2000 revised National Ignition

Facility baseline document.

(d) TERMINATION.—The requirements of this section shall terminate on September 30, 2004.

Subtitle D—Matters Relating to Management of the National Nuclear Security

Administration

SEC. 3141. ESTABLISHMENT OF PRINCIPAL DEPUTY ADMINISTRATOR

OF NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) ESTABLISHMENT.—Subtitle A of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 50

U.S.C. 2401 et seq.) is amended—

115 STAT. 1370 PUBLIC LAW 107–107—DEC. 28, 2001

(1) by redesignating section 3213 as section 3220 and

transferring such section, as so redesignated, to the end of

that subtitle; and

(2) by inserting after section 3212 the following new section

3213:

‘‘SEC. 3213. PRINCIPAL DEPUTY ADMINISTRATOR FOR NUCLEAR

SECURITY.

‘‘(a) IN GENERAL.—(1) There is in the Administration a Principal

Deputy Administrator, who is appointed by the President, by and

with the advice and consent of the Senate.

‘‘(2) The Principal Deputy Administrator shall be appointed

from among persons who have extensive background in organizational management and are well qualified to manage the nuclear

weapons, nonproliferation, and materials disposition programs of

the Administration in a manner that advances and protects the

national security of the United States.

‘‘(b) DUTIES.—Subject to the authority, direction, and control

of the Administrator, the Principal Deputy Administrator shall

perform such duties and exercise such powers as the Administrator

may prescribe, including the coordination of activities among the

elements of the Administration. The Principal Deputy Administrator shall act for, and exercise the powers of, the Administrator

when the Administrator is disabled or the position of Administrator

is vacant.’’.

(b) PAY LEVEL.—Section 5315 of title 5, United States Code,

is amended—

(1) by inserting before the item relating to Deputy Administrators of the National Nuclear Security Administration the

following new item:

‘‘Principal Deputy Administrator, National Nuclear Security Administration.’’; and

(2) by inserting ‘‘Additional’’ before ‘‘Deputy Administrators

of the National Nuclear Security Administration’’.

(c) CLERICAL AMENDMENTS.—The table of contents preceding

section 3201 of such Act is amended—

(1) by striking the item relating to section 3213 and

inserting the following:

‘‘Sec. 3213. Principal Deputy Administrator for National Security.’’;

and

(2) by inserting after the item relating to section 3218

the following new items:

‘‘Sec. 3219. Scope of authority of Secretary of Energy to modify organization of Administration.

‘‘Sec. 3220. Status of Administration and contractor personnel within Department

of Energy.’’.

SEC. 3142. ELIMINATION OF REQUIREMENT THAT NATIONAL SECURITY LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES REPORT TO DEPUTY ADMINISTRATOR

FOR DEFENSE PROGRAMS.

Section 3214 of the National Nuclear Security Administration

Act (title XXXII of Public Law 106–65; 113 Stat. 959; 50 U.S.C.

2404) is amended by striking subsection (c).

50 USC 2403.

50 USC 2403,

2410.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1371

SEC. 3143. REPEAL OF DUPLICATIVE PROVISION RELATING TO DUAL

OFFICE HOLDING BY PERSONNEL OF NATIONAL NUCLEAR

SECURITY ADMINISTRATION.

Section 3245 of the National Nuclear Security Administration

Act (50 U.S.C. 2443), as added by section 315 of the Energy and

Water Development Appropriations Act, 2001 (as enacted into law

by Public Law 106–377; 114 Stat. 1441B–23), is repealed.

SEC. 3144. REPORT ON ADEQUACY OF FEDERAL PAY AND HIRING

AUTHORITIES TO MEET PERSONNEL REQUIREMENTS OF

NATIONAL NUCLEAR SECURITY ADMINISTRATION.

(a) REPORT REQUIRED.—Not later than March 1, 2002, the

Administrator for Nuclear Security shall submit to the congressional

committees specified in subsection (b) a report on the adequacy

of Federal pay and hiring authorities to meet the personnel requirements of the National Nuclear Security Administration. The report

shall include the following:

(1) A description of the Federal pay and hiring authorities

available to the Administrator.

(2) A description of the Federal pay and hiring authorities

that are not available to the Administrator, and an explanation

why such authorities are not available.

(3) If any Federal pay and hiring authorities referred to

in paragraph (1) are not being used, an explanation why such

authorities are not being used.

(4) An assessment of whether or not existing Federal pay

and hiring authorities are adequate or inadequate to meet

the personnel requirements of the Administration.

(5) Any recommendations that the Administrator considers

appropriate for modifications or enhancements of existing Federal pay and hiring authorities in order to meet the personnel

requirements of the Administration.

(6) Any recommendations that the Administrator considers

appropriate for new Federal pay and hiring authorities in order

to meet the personnel requirements of the Administration.

(7) A plan for structuring the pay and hiring authorities

with respect to the Federal workforce of the Administration

so to ensure that such workforce meets applicable requirements

of the most current five-year program plan for the Administration.

(b) SPECIFIED COMMITTEES.—The congressional committees

referred to in subsection (a) are the following:

(1) The Committee on Armed Services and the Committee

on Governmental Affairs of the Senate.

(2) The Committee on Armed Services and the Committee

on Government Reform of the House of Representatives.

Subtitle E—Other Matters

SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL

ILLNESS COMPENSATION PROGRAM.

(a) AMENDMENTS TO ENERGY EMPLOYEES PROGRAM.—The

Energy Employees Occupational Illness Compensation Program Act

of 2000 (title XXXVI of the Floyd D. Spence National Defense

Authorization Act for Fiscal Year 2001 (as enacted into law by

Deadline.

115 STAT. 1372 PUBLIC LAW 107–107—DEC. 28, 2001

Public Law 106–398; 114 Stat. 1654A–394); 42 U.S.C. 7384 et

seq.) is amended as follows:

(1) CERTAIN LEUKEMIA AS SPECIFIED CANCER.—Section

3621(17) (114 Stat. 1654A–502; 42 U.S.C. 7384l(17)), as

amended by section 2403 of the Supplemental Appropriations

Act, 2001 (Public Law 107–20; 115 Stat. 175), is further

amended by adding at the end the following new subparagraph: ‘‘(D) Leukemia (other than chronic lymphocytic leukemia), if initial occupational exposure occurred before 21

years of age and onset occurred more than two years after

initial occupational exposure.’’. (2) ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.— Section 3626(b) (114 Stat. 1654A–505; 42 U.S.C. 7384q(b)) is

amended in the matter preceding paragraph (1) by inserting

after ‘‘Department of Energy facility’’ the following: ‘‘, or at

an atomic weapons employer facility,’’. (3) ESTABLISHMENT OF CHRONIC SILICOSIS.—Section

3627(e)(2)(A) (114 Stat. 1654A–506; 42 U.S.C. 7384r(e)(2)(A))

is amended by striking ‘‘category 1/1’’ and inserting ‘‘category

1/0’’.

(4) SURVIVORS.—

(A) Section 3628(e) (114 Stat. 1654A–506; 42 U.S.C.

7384s(e)) is amended to read as follows:

‘‘(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In

the case of a covered employee who is deceased at the time of

payment of compensation under this section, whether or not the

death is the result of the covered employee’s occupational illness,

such payment may be made only as follows:

‘‘(A) If the covered employee is survived by a spouse who

is living at the time of payment, such payment shall be made

to such surviving spouse.

‘‘(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to

all children of the covered employee who are living at the

time of payment. ‘‘(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to

the parents of the covered employee who are living at the

time of payment.

‘‘(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of

the covered employee who are living at the time of payment.

‘‘(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment

shall be made in equal shares to the grandparents of the

covered employee who are living at the time of payment.

‘‘(F) Notwithstanding the other provisions of this paragraph, if there is—

‘‘(i) a surviving spouse described in subparagraph (A);

and

‘‘(ii) at least one child of the covered employee who

is living and a minor at the time of payment and who

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1373

is not a recognized natural child or adopted child of such

surviving spouse,

then half of such payment shall be made to such surviving

spouse, and the other half of such payment shall be made

in equal shares to each child of the covered employee who

is living and a minor at the time of payment.

‘‘(2) If a covered employee eligible for payment dies before

filing a claim under this title, a survivor of that employee who

may receive payment under paragraph (1) may file a claim for

such payment.

‘‘(3) For purposes of this subsection—

‘‘(A) the ‘spouse’ of an individual is a wife or husband

of that individual who was married to that individual for at

least one year immediately before the death of that individual;

‘‘(B) a ‘child’ includes a recognized natural child, a stepchild

who lived with an individual in a regular parent-child relationship, and an adopted child;

‘‘(C) a ‘parent’ includes fathers and mothers through adoption;

‘‘(D) a ‘grandchild’ of an individual is a child of a child

of that individual; and

‘‘(E) a ‘grandparent’ of an individual is a parent of a parent

of that individual.’’.

(B) Section 3630(e) (114 Stat. 1654A–507; 42 U.S.C.

7384u(e)) is amended to read as follows:

‘‘(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In

the case of a covered employee who is deceased at the time of

payment of compensation under this section, whether or not the

death is the result of the covered employee’s occupational illness,

such payment may be made only as follows:

‘‘(A) If the covered employee is survived by a spouse who

is living at the time of payment, such payment shall be made

to such surviving spouse.

‘‘(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to

all children of the covered employee who are living at the

time of payment.

‘‘(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to

the parents of the covered employee who are living at the

time of payment.

‘‘(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of

the covered employee who are living at the time of payment.

‘‘(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment

shall be made in equal shares to the grandparents of the

covered employee who are living at the time of payment.

‘‘(F) Notwithstanding the other provisions of this paragraph, if there is—

‘‘(i) a surviving spouse described in subparagraph (A);

and

115 STAT. 1374 PUBLIC LAW 107–107—DEC. 28, 2001

‘‘(ii) at least one child of the covered employee who

is living and a minor at the time of payment and who

is not a recognized natural child or adopted child of such

surviving spouse,

then half of such payment shall be made to such surviving

spouse, and the other half of such payment shall be made

in equal shares to each child of the covered employee who

is living and a minor at the time of payment.

‘‘(2) If a covered employee eligible for payment dies before

filing a claim under this title, a survivor of that employee who

may receive payment under paragraph (1) may file a claim for

such payment.

‘‘(3) For purposes of this subsection—

‘‘(A) the ‘spouse’ of an individual is a wife or husband

of that individual who was married to that individual for at

least one year immediately before the death of that individual;

‘‘(B) a ‘child’ includes a recognized natural child, a stepchild

who lived with an individual in a regular parent-child relationship, and an adopted child;

‘‘(C) a ‘parent’ includes fathers and mothers through adoption;

‘‘(D) a ‘grandchild’ of an individual is a child of a child

of that individual; and

‘‘(E) a ‘grandparent’ of an individual is a parent of a parent

of that individual.’’.

(C) Paragraph (18) of section 3621 (114 Stat. 1654A–

502; 42 U.S.C. 7384l) is repealed.

(D) The amendments made by this paragraph shall

take effect on July 1, 2001.

(5) ELECTION OF REMEDIES.—Section 3645 (114 Stat.

1654A–510; 42 U.S.C. 7385d) is amended by amending subsections (a) through (d) to read as follows:

‘‘(a) EFFECT OF TORT CASES FILED BEFORE ENACTMENT OF

ORIGINAL LAW.—(1) Except as provided in paragraph (2), if an

otherwise eligible individual filed a tort case specified in subsection

(d) before October 30, 2000, such individual shall be eligible for

compensation and benefits under subtitle B.

‘‘(2) If such tort case remained pending as of the date of the

enactment of the National Defense Authorization Act for Fiscal

Year 2002, and such individual does not dismiss such tort case

before December 31, 2003, such individual shall not be eligible

for such compensation or benefits.

‘‘(b) EFFECT OF TORT CASES FILED BETWEEN ENACTMENT OF

ORIGINAL LAW AND ENACTMENT OF 2001 AMENDMENTS.—(1) Except

as provided in paragraph (2), if an otherwise eligible individual

filed a tort case specified in subsection (d) during the period beginning on October 30, 2000, and ending on the date of the enactment

of the National Defense Authorization Act for Fiscal Year 2002,

such individual shall not be eligible for such compensation or benefits.

‘‘(2) If such individual dismisses such tort case on or before

the last permissible date specified in paragraph (3), such individual

shall be eligible for such compensation or benefits.

‘‘(3) The last permissible date referred to in paragraph (2)

is the later of the following dates:

‘‘(A) April 30, 2003.

Effective date.

42 USC 7384l

note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1375

‘‘(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle

B of a covered employee may be connected to the exposure

of the covered employee in the performance of duty under

section 3623.

‘‘(c) EFFECT OF TORT CASES FILED AFTER ENACTMENT OF 2001

AMENDMENTS.—(1) If an otherwise eligible individual files a tort

case specified in subsection (d) after the date of the enactment

of the National Defense Authorization Act for Fiscal Year 2002,

such individual shall not be eligible for such compensation or benefits if a final court decision is entered against such individual

in such tort case. ‘‘(2) If such a final court decision is not entered, such individual

shall nonetheless not be eligible for such compensation or benefits,

except as follows: If such individual dismisses such tort case on

or before the last permissible date specified in paragraph (3), such

individual shall be eligible for such compensation and benefits. ‘‘(3) The last permissible date referred to in paragraph (2)

is the later of the following dates: ‘‘(A) April 30, 2003.

‘‘(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle

B of a covered employee may be connected to the exposure

of the covered employee in the performance of duty under

section 3623.

‘‘(d) COVERED TORT CASES.—A tort case specified in this subsection is a tort case alleging a claim referred to in section 3643

against a beryllium vendor or atomic weapons employer.’’.

(6) ATTORNEY FEES.—Section 3648 (114 Stat. 1654A–511;

42 U.S.C. 7385g) is amended—

(A) in subsection (a), by inserting after ‘‘the claim

of an individual’’ the following: ‘‘for payment of lump-sum

compensation’’;

(B) in subsection (b)(1), by inserting after ‘‘initial claim’’

the following: ‘‘for payment of lump-sum compensation’’;

(C) in subsection (b)(2), by striking ‘‘with respect to

any claim’’ and all that follows through the period at the

end and inserting ‘‘with respect to objections to a recommended decision denying payment of lump-sum compensation.’’;

(D) by redesignating subsection (c) as subsection (d);

and

(E) by inserting after subsection (b) the following new

subsection (c):

‘‘(c) INAPPLICABILITY TO OTHER SERVICES.—This section shall

not apply with respect to services rendered that are not in connection with such a claim for payment of lump-sum compensation.’’.

(b) STUDY OF RESIDUAL CONTAMINATION OF FACILITIES.—(1)

The National Institute for Occupational Safety and Health shall,

with the cooperation of the Department of Energy and the Department of Labor, carry out a study on the following matters:

(A) Whether or not significant contamination remained in

any atomic weapons employer facility or facility of a beryllium

vendor after such facility discontinued activities relating to

the production of nuclear weapons.

(B) If so, whether or not such contamination could have

caused or substantially contributed to the cancer of a covered

42 USC 7384

note.

115 STAT. 1376 PUBLIC LAW 107–107—DEC. 28, 2001

employee with cancer or a covered beryllium illness, as the

case may be.

(2)(A) The National Institute for Occupational Safety and

Health shall submit to the applicable congressional committees

the following reports:

(i) Not later than 180 days after the date of the enactment

of this Act, a report on the progress made as of the date

of the report on the study required by paragraph (1).

(ii) Not later than one year after the date of the enactment

of this Act, a final report on the study required by paragraph

(1).

(B) In this paragraph, the term ‘‘applicable congressional

committees’’ means—

(i) the Committee on Armed Services, Committee on Appropriations, Committee on the Judiciary, and Committee on

Health, Education, Labor, and Pensions of the Senate; and

(ii) the Committee on Armed Services, Committee on Appropriations, Committee on the Judiciary, and Committee on Education and the Workforce of the House of Representatives.

(3) Amounts for the study under paragraph (1) shall be derived

from amounts authorized to be appropriated by section 3614(a)

of the Energy Employees Occupational Illness Compensation Program Act of 2000 (114 Stat. 1654A–498).

(4) In this subsection:

(A) The terms ‘‘atomic weapons employer facility’’, ‘‘beryllium vendor’’, ‘‘covered employee with cancer’’, and ‘‘covered

beryllium illness’’ have the meanings given those terms in

section 3621 of the Energy Employees Occupational Illness

Compensation Program Act of 2000 (114 Stat. 1654A–498; 42

U.S.C. 7384l).

(B) The term ‘‘contamination’’ means the presence of any—

(i) material that emitted radiation and was used in

the production of an atomic weapon, excluding uranium

mining and milling; or

(ii) beryllium dust, particles, or vapor,

exposure to which could cause or substantially contribute to

the cancer of a covered employee with cancer or a covered

beryllium illness, as the case may be.

SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM.

(a) NEW COUNTERINTELLIGENCE POLYGRAPH PROGRAM

REQUIRED.—The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the

new program is to minimize the potential for release or disclosure

of classified data, materials, or information.

(b) AUTHORITIES AND LIMITATIONS.—(1) The Secretary shall

prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions

of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedures Act).

(2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review.

(3) Not later than six months after obtaining the results of

the Polygraph Review, the Secretary shall issue a notice of proposed

rulemaking for the new program.

Deadline.

Regulations.

42 USC 7383h–1.

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1377

(c) REPEAL OF EXISTING POLYGRAPH PROGRAM.—Effective 30

days after the Secretary submits to the congressional defense

committees the Secretary’s certification that the final rule for the

new counterintelligence polygraph program required by subsection

(a) has been fully implemented, section 3154 of the Department

of Energy Facilities Safeguards, Security, and Counterintelligence

Enhancement Act of 1999 (subtitle D of title XXXI of Public Law

106–65; 42 U.S.C. 7383h) is repealed.

(d) REPORT ON FURTHER ENHANCEMENT OF PERSONNEL SECU- RITY PROGRAM.—(1) Not later than January 1, 2003, the Administrator for Nuclear Security shall submit to Congress a report setting

forth the recommendations of the Administrator for any legislative

action that the Administrator considers appropriate in order to

enhance the personnel security program of the Department of

Energy.

(2) Any recommendations under paragraph (1) regarding the

use of polygraphs shall take into account the results of the Polygraph Review.

(e) POLYGRAPH REVIEW DEFINED.—In this section, the term

‘‘Polygraph Review’’ means the review of the Committee to Review

the Scientific Evidence on the Polygraph of the National Academy

of Sciences.

SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF

ENERGY TO PAY VOLUNTARY SEPARATION INCENTIVE

PAYMENTS.

(a) IN GENERAL.—Section 3161(a) of the National Defense

Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113

Stat. 942; 5 U.S.C. 5597 note) is amended by striking ‘‘January

1, 2003’’ and inserting ‘‘January 1, 2004’’.

(b) CONSTRUCTION.—The amendment made by subsection (a)

may be superseded by another provision of law that takes effect

after the date of the enactment of this Act, and before January

1, 2004, establishing a uniform system for providing voluntary

separation incentives (including a system for requiring approval

of plans by the Office of Management and Budget) for employees

of the Federal Government.

SEC. 3154. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY

OF DEPARTMENT OF ENERGY FACILITIES TO TERRORIST

ATTACK.

(a) IN GENERAL.—Part C of title VI of the Department of

Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by

adding at the end the following new section:

‘‘ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF FACILITIES

TO TERRORIST ATTACK

‘‘SEC. 663. (a) The Secretary shall, on an annual basis, conduct

a comprehensive assessment of the vulnerability of Department

facilities to terrorist attack.

‘‘(b) Not later than January 31 each year, the Secretary shall

submit to Congress a report on the assessment conducted under

subsection (a) during the preceding year. Each report shall include

the results of the assessment covered by such report, together

with such findings and recommendations as the Secretary considers

appropriate.’’.

Deadline.

42 USC 7270c.

5 USC 5597 note.

Deadline.

Effective date.

42 USC 7383h.

115 STAT. 1378 PUBLIC LAW 107–107—DEC. 28, 2001

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of that Act is amended by inserting after the item relating

to section 662 the following new item:

‘‘Sec. 663. Annual assessment and report on vulnerability of facilities to terrorist

attack.’’.

SEC. 3155. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM AT

SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA.

(a) CONSULTATION REQUIRED.—The Secretary of Energy shall

consult with the Governor of the State of South Carolina regarding

any decisions or plans of the Secretary related to the disposition

of surplus defense plutonium and defense plutonium materials

located at the Savannah River Site, Aiken, South Carolina.

(b) NOTICE REQUIRED.—For each shipment of defense plutonium

or defense plutonium materials to the Savannah River Site, the

Secretary shall, not less than 30 days before the commencement

of such shipment, submit to the congressional defense committees

a report providing notice of such shipment.

(c) PLAN FOR DISPOSITION.—The Secretary shall prepare a plan

for disposal of the surplus defense plutonium and defense plutonium

materials currently located at the Savannah River Site and for

disposal of defense plutonium and defense plutonium materials

to be shipped to the Savannah River Site in the future. The plan

shall include the following:

(1) A review of each option considered for such disposal.

(2) An identification of the preferred option for such disposal.

(3) With respect to the facilities for such disposal that

are required by the Department of Energy’s Record of Decision

for the Storage and Disposition of Weapons-Usable Fissile Materials Final Programmatic Environmental Impact Statement

dated January 14, 1997—

(A) a statement of the cost of construction and operation of such facilities;

(B) a schedule for the expeditious construction of such

facilities, including milestones; and

(C) a firm schedule for funding the cost of such facilities.

(4) A specification of the means by which all such defense

plutonium and defense plutonium materials will be removed

in a timely manner from the Savannah River Site for storage

or disposal elsewhere.

(d) PLAN FOR ALTERNATIVE DISPOSITION.—If the Secretary

determines not to proceed at the Savannah River Site with construction of the plutonium immobilization plant, or with the mixed

oxide fuel fabrication facility, the Secretary shall prepare a plan

that identifies a disposition path for all defense plutonium and

defense plutonium materials that would otherwise have been disposed of at such plant or such facility, as applicable.

(e) SUBMISSION OF PLANS.—Not later than February 1, 2002,

the Secretary shall submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if

applicable).

(f) LIMITATION ON PLUTONIUM SHIPMENTS.—If the Secretary

does not submit to Congress the plan required by subsection (c)

(and the plan prepared under subsection (d), if applicable) by February 1, 2002, the Secretary shall be prohibited from shipping

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1379

defense plutonium or defense plutonium materials to the Savannah

River Site during the period beginning on February 1, 2002, and

ending on the date on which such plans are submitted to Congress.

(g) RULE OF CONSTRUCTION.—Nothing in this section may be

construed to prohibit or limit the Secretary from shipping defense

plutonium or defense plutonium materials to sites other than the

Savannah River Site during the period referred to in subsection

(f) or any other period.

(h) ANNUAL REPORT ON FUNDING FOR FISSILE MATERIALS DIS- POSITION ACTIVITIES.—The Secretary shall include with the budget

justification materials submitted to Congress in support of the

Department of Energy budget for each fiscal year (as submitted

with the budget of the President under section 1105(a) of title

31, United States Code) a report setting forth the extent to which

amounts requested for the Department for such fiscal year for

fissile materials disposition activities will enable the Department

to meet commitments for the disposition of surplus defense plutonium and defense plutonium materials located at the Savannah

River Site, and for any other fissile materials disposition activities,

in such fiscal year.

SEC. 3156. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS

THE RELIABILITY, SAFETY, AND SECURITY OF THE

UNITED STATES NUCLEAR STOCKPILE.

Section 3159(d) of the Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 42

U.S.C. 2121 note) is amended by striking ‘‘of each year, beginning

with 1999,’’ and inserting ‘‘of 1999 and 2000, and not later than

February 1, 2002,’’.

Subtitle F—Rocky Flats National Wildlife

Refuge

SEC. 3171. SHORT TITLE.

This subtitle may be cited as the ‘‘Rocky Flats National Wildlife

Refuge Act of 2001’’.

SEC. 3172. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds the following:

(1) The Federal Government, through the Atomic Energy

Commission, acquired the Rocky Flats site in 1951 and began

operations there in 1952. The site remains a Department of

Energy facility. Since 1992, the mission of the Rocky Flats

site has changed from the production of nuclear weapons components to cleanup and closure in a manner that is safe, environmentally and socially responsible, physically secure, and costeffective.

(2) The majority of the Rocky Flats site has generally

remained undisturbed since its acquisition by the Federal

Government.

(3) The State of Colorado is experiencing increasing growth

and development, especially in the metropolitan Denver Front

Range area in the vicinity of the Rocky Flats site. That growth

and development reduces the amount of open space and thereby

diminishes for many metropolitan Denver communities the

vistas of the striking Front Range mountain backdrop.

Rocky Flats

National Wildlife

Refuge Act of

2001.

16 USC 668dd

note.

115 STAT. 1380 PUBLIC LAW 107–107—DEC. 28, 2001

(4) Some areas of the Rocky Flats site contain contamination and will require further response action. The national

interest requires that the ongoing cleanup and closure of the

entire site be completed safely, effectively, and without unnecessary delay and that the site thereafter be retained by the

United States and managed so as to preserve the value of

the site for open space and wildlife habitat.

(5) The Rocky Flats site provides habitat for many wildlife

species, including a number of threatened and endangered species, and is marked by the presence of rare xeric tallgrass

prairie plant communities. Establishing the site as a unit of

the National Wildlife Refuge System will promote the preservation and enhancement of those resources for present and future

generations.

(b) PURPOSES.—The purposes of this subtitle are—

(1) to provide for the establishment of the Rocky Flats

site as a national wildlife refuge following cleanup and closure

of the site;

(2) to create a process for public input on the management

of the refuge referred to in paragraph (1) before transfer of

administrative jurisdiction to the Secretary of the Interior;

and

(3) to ensure that the Rocky Flats site is thoroughly and

completely cleaned up.

SEC. 3173. DEFINITIONS.

In this subtitle:

(1) CERCLA.—The term ‘‘CERCLA’’ means the Comprehensive Environmental Response, Compensation, and Liability Act

of 1980 (42 U.S.C. 9601 et seq.).

(2) CLEANUP AND CLOSURE.—The term ‘‘cleanup and closure’’ means the response actions for covered substances carried

out at Rocky Flats, as required by any of the following:

(A) The RFCA.

(B) CERCLA.

(C) RCRA.

(D) The Colorado Hazardous Waste Act, 25–15–101

to 25–15–327, Colorado Revised Statutes.

(3) COVERED SUBSTANCE.—The term ‘‘covered substance’’

means any of the following:

(A) Any hazardous substance, as such term is defined

in paragraph (14) of section 101 of CERCLA (42 U.S.C.

9601).

(B) Any pollutant or contaminant, as such term is

defined in paragraph (33) of such section 101.

(C) Any petroleum, including crude oil or any fraction

thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs

(A) through (F) of paragraph (14) of such section 101.

(4) RCRA.—The term ‘‘RCRA’’ means the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), popularly known as the

Resource Conservation and Recovery Act.

(5) REFUGE.—The term ‘‘refuge’’ means the Rocky Flats

National Wildlife Refuge established under section 3177.

(6) RESPONSE ACTION.—The term ‘‘response action’’ means

any of the following:

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1381

(A) A response, as such term is defined in paragraph

(25) of section 101 of CERCLA (42 U.S.C. 9601).

(B) A corrective action under RCRA or under the Colorado Hazardous Waste Act, 25–15–101 to 25–15–327, Colorado Revised Statutes.

(C) Any requirement for institutional controls imposed

by any of the laws referred to in subparagraph (A) or

(B).

(7) RFCA.—The term ‘‘RFCA’’ means the Rocky Flats

Cleanup Agreement, an intergovernmental agreement, dated

July 19, 1996, among—

(A) the Department of Energy;

(B) the Environmental Protection Agency; and

(C) the Department of Public Health and Environment

of the State of Colorado.

(8) ROCKY FLATS.—

(A) IN GENERAL.—Except as provided in subparagraph

(B), the term ‘‘Rocky Flats’’ means the Rocky Flats Environmental Technology Site, Colorado, a defense nuclear

facility, as depicted on the map titled ‘‘Rocky Flats Environmental Technology Site’’, dated October 22, 2001, and available for inspection in the appropriate offices of the United

States Fish and Wildlife Service.

(B) EXCLUSIONS.—The term ‘‘Rocky Flats’’ does not

include—

(i) the land and facilities of the Department of

Energy’s National Renewable Energy Laboratory,

including the acres retained by the Secretary under

section 3174(f); and

(ii) any land and facilities not within the boundaries depicted on the map referred to in subparagraph

(A).

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Energy.

SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT.

(a) FEDERAL OWNERSHIP.—Except as expressly provided in this

subtitle, all right, title, and interest of the United States, held

on or acquired after the date of the enactment of this Act, to

land or interest therein, including minerals, within the boundaries

of Rocky Flats shall be retained by the United States.

(b) LINDSAY RANCH.—The structures that comprise the former

Lindsay Ranch homestead site in the Rock Creek Reserve area

of the buffer zone, as depicted on the map referred to in section

3173(8)(A), shall be permanently preserved and maintained in

accordance with the National Historic Preservation Act (16 U.S.C.

470 et seq.).

(c) PROHIBITION ON ANNEXATION.—Neither the Secretary nor

the Secretary of the Interior shall allow the annexation of land

within the refuge by any unit of local government.

(d) PROHIBITION ON THROUGH ROADS.—Except as provided in

subsection (e), no public road shall be constructed through Rocky

Flats.

(e) TRANSPORTATION RIGHT-OF-WAY.—

(1) IN GENERAL.—

115 STAT. 1382 PUBLIC LAW 107–107—DEC. 28, 2001

(A) AVAILABILITY OF LAND.—On submission of an

application meeting each of the conditions specified in paragraph (2), the Secretary, in consultation with the Secretary

of the Interior, shall make available land along the eastern

boundary of Rocky Flats for the sole purpose of transportation improvements along Indiana Street.

(B) BOUNDARIES.—Land made available under this

paragraph may not extend more than 300 feet from the

west edge of the Indiana Street right-of-way, as that rightof-way exists as of the date of the enactment of this Act.

(C) EASEMENT OR SALE.—Land may be made available

under this paragraph by easement or sale to one or more

appropriate entities.

(D) COMPLIANCE WITH APPLICABLE LAW.—Any action

under this paragraph shall be taken in compliance with

applicable law.

(2) CONDITIONS.—An application referred to in paragraph

(1) meets the conditions specified in this paragraph if the

application—

(A) is submitted by any county, city, or other political

subdivision of the State of Colorado; and

(B) includes documentation demonstrating that the

transportation improvements for which the land is to be

made available—

(i) are carried out so as to minimize adverse effects

on the management of Rocky Flats as a wildlife refuge;

and

(ii) are included in the regional transportation plan

of the metropolitan planning organization designated

for the Denver metropolitan area under section 5303

of title 49, United States Code.

(f) WIND TECHNOLOGY EXPANSION AREA.—The Secretary shall

retain, for the use of the National Renewable Energy Laboratory,

the approximately 25 acres identified on the map referred to in

section 3173(8)(A) as the ‘‘Wind Technology Expansion Area’’.

SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER ROCKY FLATS.

(a) TRANSFER REQUIRED.—

(1) IN GENERAL.—Subject to the other provisions of this

section, the Secretary shall transfer administrative jurisdiction

over the property that is to comprise the refuge to the Secretary

of the Interior.

(2) DATE OF TRANSFER.—The transfer shall be carried out

not earlier than the completion certification date, and not later

than 30 business days after that date.

(3) COMPLETION CERTIFICATION DATE.—For purposes of

paragraph (2), the completion certification date is the date

on which the Administrator of the Environmental Protection

Agency certifies to the Secretary and to the Secretary of the

Interior that cleanup and closure at Rocky Flats has been

completed, except for the operation and maintenance associated

with response actions, and that all response actions are operating properly and successfully.

(b) MEMORANDUM OF UNDERSTANDING.— (1) REQUIRED ELEMENTS.—The transfer required by subsection (a) shall be carried out pursuant to a memorandum

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1383

of understanding between the Secretary and the Secretary of

the Interior. The memorandum of understanding shall— (A) provide for the division of responsibilities between

the Secretary and the Secretary of the Interior necessary

to carry out such transfer;

(B) address the impacts that any property rights

referred to in section 3179(a) may have on the management

of the refuge, and provide strategies for resolving or mitigating these impacts;

(C) identify the land the administrative jurisdiction

of which is to be transferred to the Secretary of the Interior;

and

(D) specify the allocation of the Federal costs incurred

at the refuge after the date of such transfer for any site

investigations, response actions, and related activities for

covered substances.

(2) PUBLICATION OF DRAFT.—Not later than one year after

the date of the enactment of this Act, the Secretary and the

Secretary of the Interior shall publish in the Federal Register

a draft of the memorandum of understanding.

(3) FINALIZATION AND IMPLEMENTATION.—

(A) Not later than 18 months after the date of the

enactment of this Act, the Secretary and Secretary of the

Interior shall finalize and implement the memorandum

of understanding.

(B) In finalizing the memorandum of understanding,

the Secretary and Secretary of the Interior shall specifically

identify the land the administrative jurisdiction of which

is to be transferred to the Secretary of the Interior and

provide for a determination of the exact acreage and legal

description of such land by a survey mutually satisfactory

to the Secretary and the Secretary of the Interior.

(c) TRANSFER OF IMPROVEMENTS.—The transfer required by

subsection (a) may include such buildings or other improvements

as the Secretary of the Interior has requested in writing for purposes of managing the refuge.

(d) PROPERTY RETAINED FOR RESPONSE ACTIONS.—

(1) IN GENERAL.—The transfer required by subsection (a)

shall not include, and the Secretary shall retain jurisdiction,

authority, and control over, the following real property and

facilities at Rocky Flats:

(A) Any engineered structure, including caps, barrier

walls, and monitoring or treatment wells, to be used in

carrying out a response action for covered substances.

(B) Any real property or facility to be used for any

other purpose relating to a response action or any other

action that is required to be carried out by the Secretary

at Rocky Flats.

(2) CONSULTATION.—The Secretary shall consult with the

Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Governor of the State of

Colorado on the identification of all real property and facilities

to be retained under this subsection.

(e) COST.—The transfer required by subsection (a) shall be

completed without cost to the Secretary of the Interior.

(f) NO REDUCTION IN FUNDS.—The transfer required by subsection (a), and the memorandum of understanding required by

115 STAT. 1384 PUBLIC LAW 107–107—DEC. 28, 2001

subsection (b), shall not result in any reduction in funds available

to the Secretary for cleanup and closure of Rocky Flats.

SEC. 3176. ADMINISTRATION OF RETAINED PROPERTY; CONTINUATION OF CLEANUP AND CLOSURE.

(a) ADMINISTRATION OF RETAINED PROPERTY.—

(1) IN GENERAL.—In administering the property retained

under section 3175(d), the Secretary shall consult with the

Secretary of the Interior to minimize any conflict between—

(A) the administration by the Secretary of such property for a purpose relating to a response action; and

(B) the administration by the Secretary of the Interior

of land the administrative jurisdiction of which is transferred under section 3175(a).

(2) PRIORITY IN CASE OF CONFLICT.—In the case of any

such conflict, the Secretary and the Secretary of the Interior

shall ensure that the administration for a purpose relating

to a response action, as described in paragraph (1)(A), shall

take priority.

(3) ACCESS.—The Secretary of the Interior shall provide

to the Secretary such access and cooperation with respect to

the refuge as the Secretary requires to carry out operation

and maintenance, future response actions, natural resources

restoration, or any other obligations.

(b) ONGOING CLEANUP AND CLOSURE.—

(1) IN GENERAL.—The Secretary shall carry out to completion cleanup and closure at Rocky Flats.

(2) CLEANUP LEVELS.—The Secretary shall carry out such

cleanup and closure to the levels established for soil, water,

and other media, following a thorough review by the parties

to the RFCA and the public (including the United States Fish

and Wildlife Service and other interested government agencies)

of the appropriateness of the interim levels in the RFCA.

(3) NO RESTRICTION ON USE OF NEW TECHNOLOGIES.—

Nothing in this subtitle, and no action taken under this subtitle,

restricts the Secretary from using at Rocky Flats any new

technology that may become available for remediation of

contamination.

(c) OPPORTUNITY TO COMMENT.—The Secretary of the Interior

shall have the opportunity to comment with respect to any proposed

response action as to the impacts, if any, of such proposed response

action on the refuge.

(d) RULES OF CONSTRUCTION.—

(1) NO RELIEF FROM OBLIGATIONS UNDER OTHER LAW.—

Nothing in this subtitle, and no action taken under this

subtitle—

(A) relieves the Secretary, the Administrator of the

Environmental Protection Agency, the Secretary of the

Interior, or any other person from any obligation or other

liability with respect to Rocky Flats under the RFCA or

any Federal or State law;

(B) impairs or alters any provision of the RFCA; or

(C) alters any authority of the Administrator of the

Environmental Protection Agency under section 120(e) of

CERCLA (42 U.S.C. 9620(e)), or any authority of the State

of Colorado.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1385

(2) CLEANUP LEVELS.—Nothing in this subtitle shall reduce

the level of cleanup and closure at Rocky Flats required under

the RFCA or any Federal or State law.

(3) PAYMENT OF RESPONSE ACTION COSTS.—Nothing in this

subtitle affects the obligation of a Federal department or agency

that had or has operations at Rocky Flats resulting in the

release or threatened release of a covered substance to pay

the costs of response actions carried out to abate the release

of, or clean up, the covered substance.

SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE.

(a) IN GENERAL.—On completion of the transfer required by

section 3175(a), and subject to section 3176(a), the Secretary of

the Interior shall commence administration of the real property

comprising the refuge in accordance with this subtitle.

(b) ESTABLISHMENT OF REFUGE.—Not later than 30 days after

the transfer required by section 3175(a), the Secretary of the

Interior shall establish at Rocky Flats a national wildlife refuge

to be known as the Rocky Flats National Wildlife Refuge.

(c) COMPOSITION.—The refuge shall be comprised of the property the administrative jurisdiction of which was transferred as

required by section 3175(a).

(d) NOTICE.—The Secretary of the Interior shall publish in

the Federal Register a notice of the establishment of the refuge.

(e) ADMINISTRATION AND PURPOSES.— (1) IN GENERAL.—The Secretary of the Interior shall manage the refuge in accordance with applicable law, including

this subtitle, the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), and the purposes

specified in that Act.

(2) REFUGE PURPOSES.—The refuge shall be managed for

the purposes of— (A) restoring and preserving native ecosystems;

(B) providing habitat for, and population management

of, native plants and migratory and resident wildlife;

(C) conserving threatened and endangered species

(including species that are candidates for listing under

the Endangered Species Act of 1973 (16 U.S.C. 1531 et

seq.)); and

(D) providing opportunities for compatible scientific

research.

(3) MANAGEMENT.—In managing the refuge, the Secretary

of the Interior shall— (A) ensure that wildlife-dependent recreation and

environmental education and interpretation are the priority

public uses of the refuge; and

(B) comply with all response actions.

SEC. 3178. COMPREHENSIVE PLANNING PROCESS.

(a) IN GENERAL.—Not later than 180 days after the date of

the enactment of this Act, in developing a comprehensive conservation plan for the refuge in accordance with section 4(e) of the

National Wildlife Refuge System Administration Act of 1966 (16

U.S.C. 668dd(e)), the Secretary of the Interior shall establish a

comprehensive planning process that involves the public and local

communities. The Secretary of the Interior shall establish such

process in consultation with the Secretary, the members of the

Coalition, the Governor of the State of Colorado, and the Federal

Deadline.

115 STAT. 1386 PUBLIC LAW 107–107—DEC. 28, 2001

and State of Colorado officials who have been designated as trustees

for Rocky Flats under section 107(f)(2) of CERCLA (42 U.S.C.

9607(f)(2)).

(b) OTHER PARTICIPANTS.—In addition to the entities specified

in subsection (a), the comprehensive planning process required by

subsection (a) shall include the opportunity for direct involvement

of entities that are not members of the Coalition as of the date

of the enactment of this Act, including the Rocky Flats Citizens’

Advisory Board and the cities of Thornton, Northglenn, Golden,

Louisville, and Lafayette, Colorado.

(c) DISSOLUTION OF COALITION.—If the Coalition dissolves, or

if any Coalition member elects to leave the Coalition during the

comprehensive planning process required by subsection (a)—

(1) such comprehensive planning process shall continue;

and

(2) an opportunity shall be provided to each entity that

is a member of the Coalition as of September 1, 2000, for

direct involvement in such comprehensive planning process.

(d) CONTENTS.—In addition to the requirements of section 4(e)

of the National Wildlife Refuge System Administration Act of 1966

(16 U.S.C. 668dd(e)), the comprehensive conservation plan referred

to in subsection (a) shall address and make recommendations on

the following:

(1) The identification of any land referred to in subsection

(e) of section 3174 that could be made available under that

subsection.

(2) The characteristics and configuration of any perimeter

fencing that may be appropriate or compatible for cleanup

and closure purposes, refuge purposes, or other purposes.

(3) The feasibility of locating, and the potential location

for, a visitor and education center at the refuge.

(4) Any other issues relating to Rocky Flats.

(e) COALITION DEFINED.—In this section, the term ‘‘Coalition’’

means the Rocky Flats Coalition of Local Governments established

by the Intergovernmental Agreement, dated February 16, 1999,

among—

(1) the city of Arvada, Colorado;

(2) the city of Boulder, Colorado;

(3) the city of Broomfield, Colorado;

(4) the city of Westminster, Colorado;

(5) the town of Superior, Colorado;

(6) Boulder County, Colorado; and

(7) Jefferson County, Colorado.

(f) REPORT.—Not later than three years after the date of the

enactment of this Act, the Secretary of the Interior shall submit

to Congress—

(1) the comprehensive conservation plan referred to in subsection (a); and

(2) a report that contains—

(A) an outline of the involvement of the public and

local communities in the comprehensive planning process,

as required by subsection (a);

(B) to the extent that any input or recommendation

from the comprehensive planning process is not accepted,

a clear statement of the reasons why such input or recommendation is not accepted; and

Deadline.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1387

(C) a discussion of the impacts of any property rights

referred to in section 3179(a) on management of the refuge,

and an identification of strategies for resolving and mitigating these impacts.

SEC. 3179. PROPERTY RIGHTS.

(a) IN GENERAL.—Except as provided in subsections (c) and

(d), nothing in this subtitle limits any valid, existing property

right at Rocky Flats that is owned by any person or entity,

including, but not limited to— (1) any mineral right;

(2) any water right or related easement; and

(3) any facility or right-of-way for a utility.

(b) ACCESS.—Except as provided in subsection (c), nothing in

this subtitle affects any right of an owner of a property right

referred to in subsection (a) to access the owner’s property.

(c) REASONABLE CONDITIONS.—

(1) IN GENERAL.—The Secretary or the Secretary of the

Interior may impose such reasonable conditions on access to

property rights referred to in subsection (a) as are appropriate

for the cleanup and closure of Rocky Flats and for the management of the refuge.

(2) NO EFFECT ON OTHER LAW.—Nothing in this subtitle

affects any Federal, State, or local law (including any regulation) relating to the use, development, and management of

property rights referred to in subsection (a).

(3) NO EFFECT ON ACCESS RIGHTS.—Nothing in this subsection precludes the exercise of any access right, in existence

on the date of the enactment of this Act, that is necessary

to perfect or maintain a water right in existence on that date.

(d) UTILITY EXTENSION.—

(1) IN GENERAL.—The Secretary or the Secretary of the

Interior may allow not more than one extension from an

existing utility right-of-way on Rocky Flats, if necessary.

(2) CONDITIONS.—An extension under paragraph (1) shall

be subject to the conditions specified in subsection (c).

(e) EASEMENT SURVEYS.—Subject to subsection (c), until the

date that is 180 days after the date of the enactment of this

Act, an entity that possesses a decreed water right or prescriptive

easement relating to land at Rocky Flats may carry out such surveys

at Rocky Flats as the entity determines are necessary to perfect

the right or easement.

SEC. 3180. LIABILITIES AND OTHER OBLIGATIONS.

(a) IN GENERAL.—Nothing in this subtitle shall relieve, and

no action may be taken under this subtitle to relieve, the Secretary,

the Secretary of the Interior, or any other person from any liability

or other obligation at Rocky Flats under CERCLA, RCRA, or any

other Federal or State law.

(b) COST RECOVERY, CONTRIBUTION, AND OTHER ACTION.—

Nothing in this subtitle is intended to prevent the United States

from bringing a cost recovery, contribution, or other action that

would otherwise be available under Federal or State law.

SEC. 3181. ROCKY FLATS MUSEUM.

(a) MUSEUM.—To commemorate the contribution that Rocky

Flats and its worker force provided to winning the Cold War and

115 STAT. 1388 PUBLIC LAW 107–107—DEC. 28, 2001

the impact that such contribution has had on the nearby communities and the State of Colorado, the Secretary may establish a

Rocky Flats Museum.

(b) LOCATION.—The Rocky Flats Museum shall be located in

the city of Arvada, Colorado, unless, after consultation under subsection (c), the Secretary determines otherwise.

(c) CONSULTATION.—The Secretary shall consult with the city

of Arvada, other local communities, and the Colorado State Historical Society on— (1) the development of the museum;

(2) the siting of the museum; and

(3) any other issues relating to the development and

construction of the museum.

(d) REPORT.—Not later than three years after the date of the

enactment of this Act, the Secretary, in coordination with the city

of Arvada, shall submit to Congress a report on the costs associated

with the construction of the museum and any other issues relating

to the development and construction of the museum.

SEC. 3182. ANNUAL REPORT ON FUNDING.

For each of fiscal years 2003 through 2007, at the time of

submission of the budget of the President under section 1105(a)

of title 31, United States Code, for such fiscal year, the Secretary

and the Secretary of the Interior shall jointly submit to Congress

a report on the costs of implementation of this subtitle. The report

shall include—

(1) the costs incurred by each Secretary in implementing

this subtitle during the preceding fiscal year; and

(2) the funds required by each Secretary to implement

this subtitle during the current and subsequent fiscal years.

TITLE XXXII—DEFENSE NUCLEAR

FACILITIES SAFETY BOARD

Sec. 3201. Authorization.

SEC. 3201. AUTHORIZATION.

There are authorized to be appropriated for fiscal year 2002, $18,500,000 for the operation of the Defense Nuclear Facilities

Safety Board under chapter 21 of the Atomic Energy Act of 1954

(42 U.S.C. 2286 et seq.).

TITLE XXXIII—NATIONAL DEFENSE

STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile.

Sec. 3304. Revision of limitations on required disposals of certain materials in National Defense Stockpile.

Sec. 3305. Acceleration of required disposal of cobalt in National Defense Stockpile.

Sec. 3306. Restriction on disposal of manganese ferro.

SEC. 3301. DEFINITIONS.

In this title:

50 USC 98d note.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1389

(1) The term ‘‘National Defense Stockpile’’ means the stockpile provided for in section 4 of the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98c).

(2) The term ‘‘National Defense Stockpile Transaction

Fund’’ means the fund established under section 9(a) of the

Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98h(a)).

(3) The term ‘‘Market Impact Committee’’ means the

Market Impact Committee appointed under section 10(c) of

the Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98h–1(c)).

SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2002,

the National Defense Stockpile Manager may obligate up to

$65,200,000 of the funds in the National Defense Stockpile Transaction Fund for the authorized uses of such funds under section

9(b)(2) of the Strategic and Critical Materials Stock Piling Act

(50 U.S.C. 98h(b)(2)), including the disposal of hazardous materials

that are environmentally sensitive.

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile

Manager may obligate amounts in excess of the amount specified

in subsection (a) if the National Defense Stockpile Manager notifies

Congress that extraordinary or emergency conditions necessitate

the additional obligations. The National Defense Stockpile Manager

may make the additional obligations described in the notification

after the end of the 45-day period beginning on the date on which

Congress receives the notification.

(c) LIMITATIONS.—The authorities provided by this section shall

be subject to such limitations as may be provided in appropriations

Acts.

SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN

NATIONAL DEFENSE STOCKPILE.

(a) DISPOSAL AUTHORIZED.—Subject to the conditions specified

in subsection (b), the President may dispose of obsolete and excess

materials contained in the National Defense Stockpile. The materials subject to disposal under this subsection and the quantity

of each material authorized to be disposed of by the President

are set forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Bauxite ................................................................................ 40,000 short tons

Chromium Metal ................................................................. 3,512 short tons

Iridium ................................................................................. 25,140 troy ounces

Jewel Bearings .................................................................... 30,273,221 pieces

Manganese Ferro HC ......................................................... 209,074 short tons

Palladium ............................................................................ 11 troy ounces

Quartz Crystal .................................................................... 216,648 pounds

Tantalum Metal Ingot ........................................................ 120,228 pounds contained

Tantalum Metal Powder .................................................... 36,020 pounds contained

Thorium Nitrate ................................................................. 600,000 pounds.

(b) MINIMIZATION OF DISRUPTION AND LOSS.—The President

may not dispose of materials under subsection (a) to the extent

that the disposal will result in—

50 USC 98d note.

115 STAT. 1390 PUBLIC LAW 107–107—DEC. 28, 2001

(1) undue disruption of the usual markets of producers,

processors, and consumers of the materials proposed for disposal; or

(2) avoidable loss to the United States.

(c) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The disposal authority provided in subsection (a) is new disposal authority

and is in addition to, and shall not affect, any other disposal

authority provided by law regarding the materials specified in such

subsection.

SEC. 3304. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF

CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE.

(a) PUBLIC LAW 105–261.—Section 3303 of the Strom Thurmond

National Defense Authorization Act for Fiscal Year 1999 (Public

Law 105–261; 50 U.S.C. 98d note) is amended— (1) in subsection (a)— (A) by striking ‘‘the amount of—’’ and inserting ‘‘total

amounts not less than—’’;

(B) by striking ‘‘and’’ at the end of paragraph (3);

and

(C) by striking paragraph (4) and inserting the following new paragraphs:

‘‘(4) $760,000,000 by the end of fiscal year 2005; and

‘‘(5) $770,000,000 by the end of fiscal year 2011.’’; and

(2) in subsection (b)(2), by striking ‘‘receipts in the amounts

specified in subsection (a)’’ and inserting ‘‘receipts in the total

amount specified in subsection (a)(5)’’.

(b) PUBLIC LAW 105–85.—Section 3305 of the National Defense

Authorization Act for Fiscal Year 1998 (Public Law 105–85; 50

U.S.C. 98d note) is amended—

(1) in subsection (a), by striking ‘‘amounts equal to—’’ and

inserting ‘‘total amounts not less than—’’; and

(2) in subsection (b), by striking paragraph (2) and inserting

the following new paragraph:

‘‘(2) The President may not dispose of cobalt under this section

in fiscal year 2006 in excess of the disposals necessary to result

in receipts during that fiscal year in the total amount specified

in subsection (a)(5).’’.

(c) PUBLIC LAW 104–201.—Section 3303 of the National Defense

Authorization Act for Fiscal Year 1997 (Public Law 104–201; 50

U.S.C. 98d note) is amended—

(1) in subsection (a), by striking ‘‘amounts equal to—’’ and

inserting ‘‘total amounts not less than—’’; and

(2) in subsection (b), by striking paragraph (2) and inserting

the following new paragraph:

‘‘(2) The President may not dispose of materials under this

section during the 10-fiscal year period referred to in subsection

(a)(2) in excess of the disposals necessary to result in receipts

during that period in the total amount specified in such subsection.’’.

SEC. 3305. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN

NATIONAL DEFENSE STOCKPILE.

Section 3305(a) of the National Defense Authorization Act for

Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d note), as

amended by section 3304(b) of this Act, is amended—

(1) in paragraph (1), by striking ‘‘2003’’ and inserting

‘‘2002’’;

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1391

(2) in paragraph (2), by striking ‘‘2004’’ and inserting ‘‘2003’’;

(3) in paragraph (3), by striking ‘‘2005’’ and inserting ‘‘2004’’;

(4) in paragraph (4), by striking ‘‘2006’’ and inserting ‘‘2005’’; and

(5) in paragraph (5), by striking ‘‘2007’’ and inserting ‘‘2006’’.

SEC. 3306. RESTRICTION ON DISPOSAL OF MANGANESE FERRO.

(a) TEMPORARY QUANTITY RESTRICTIONS.—During fiscal years

2002 through 2005, the disposal of manganese ferro in the National

Defense Stockpile may not exceed the following quantities:

(1) During fiscal year 2002, 25,000 short tons of all grades

of manganese ferro.

(2) During fiscal year 2003, 25,000 short tons of high carbon

manganese ferro of the highest grade.

(3) During each of the fiscal years 2004 and 2005, 50,000

short tons of high carbon manganese ferro of the highest grade.

(b) CONFORMING AMENDMENT.—Section 3304 of the National

Defense Authorization Act for Fiscal Year 1996 (Public Law 104– 106; 110 Stat. 629) is repealed.

TITLE XXXIV—NAVAL PETROLEUM

RESERVES

Sec. 3401. Authorization of appropriations.

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

(a) AMOUNT.—There are hereby authorized to be appropriated to the Secretary of Energy $17,371,000 for fiscal year 2002 for

the purpose of carrying out activities under chapter 641 of title

10, United States Code, relating to the naval petroleum reserves.

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to

the authorization of appropriations in subsection (a) shall remain

available until expended.

TITLE XXXV—MARITIME

ADMINISTRATION

Sec. 3501. Authorization of appropriations for fiscal year 2002.

Sec. 3502. Define ‘‘war risks’’ to vessels to include confiscation, expropriation, nationalization, and deprivation of the vessels. Sec. 3503. Holding obligor’s cash as collateral under title XI of Merchant Marine

Act, 1936.

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR

2002.

Funds are hereby authorized to be appropriated for fiscal year

2002, to be available without fiscal year limitation if so provided

in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows:

(1) For expenses necessary for operations and training

activities, $89,054,000.

(2) For expenses under the loan guarantee program authorized by title XI of the Merchant Marine Act, 1936 (46 App.

U.S.C. 1271 et seq.), $103,978,000, of which—

50 USC 98d note.

115 STAT. 1392 PUBLIC LAW 107–107—DEC. 28, 2001

(A) $100,000,000 is for the cost (as defined in section

502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.

661a(5))) of loan guarantees under the program; and

(B) $3,978,000 is for administrative expenses related

to loan guarantee commitments under the program.

(3) For expenses to dispose of obsolete vessels in the

National Defense Reserve Fleet, $10,000,000.

SEC. 3502. DEFINE ‘‘WAR RISKS’’ TO VESSELS TO INCLUDE CONFISCATION, EXPROPRIATION, NATIONALIZATION, AND DEPRIVATION OF THE VESSELS.

Section 1201(c) of the Merchant Marine Act, 1936 (46 App.

U.S.C. 1281(c)) is amended to read as follows:

‘‘(c) The term ‘war risks’ includes to such extent as the Secretary

may determine—

‘‘(1) all or any part of any loss that is excluded from

marine insurance coverage under a ‘free of capture or seizure’

clause, or under analogous clauses; and

‘‘(2) other losses from hostile acts, including confiscation,

expropriation, nationalization, or deprivation.’’.

SEC. 3503. HOLDING OBLIGOR’S CASH AS COLLATERAL UNDER TITLE

XI OF MERCHANT MARINE ACT, 1936.

Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C.

1271 et seq.) is amended by inserting after section 1108 the following:

‘‘SEC. 1109. DEPOSIT FUND.

‘‘(a) ESTABLISHMENT OF DEPOSIT FUND.—There is established

in the Treasury a deposit fund for purposes of this section. The

Secretary may, in accordance with an agreement under subsection

(b), deposit into and hold in the deposit fund cash belonging to

an obligor to serve as collateral for a guarantee under this title

made with respect to the obligor.

‘‘(b) AGREEMENT.—

‘‘(1) IN GENERAL.—The Secretary and an obligor shall enter

into a reserve fund or other collateral account agreement to

govern the deposit, withdrawal, retention, use, and reinvestment of cash of the obligor held in the deposit fund established

by subsection (a).

‘‘(2) TERMS.—The agreement shall contain such terms and

conditions as are required under this section and such additional terms as are considered by the Secretary to be necessary

to protect fully the interests of the United States.

‘‘(3) SECURITY INTEREST OF UNITED STATES.—The agreement

shall include terms that grant to the United States a security

interest in all amounts deposited into the deposit fund.

‘‘(c) INVESTMENT.—The Secretary may invest and reinvest any

part of the amounts in the deposit fund established by subsection

(a) in obligations of the United States with such maturities as

ensure that amounts in the deposit fund will be available as

required for purposes of agreements under subsection (b). Cash

balances of the deposit fund in excess of current requirements

shall be maintained in a form of uninvested funds and the Secretary

of the Treasury shall pay interest on these funds.

‘‘(d) WITHDRAWALS.—

46 USC app.

1279b.

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1393

LEGISLATIVE HISTORY—S. 1438 (H.R. 2586):

HOUSE REPORTS: Nos. 107–194 accompanying H.R. 2586 (Comm. on Armed Services) and 107–333 (Comm. of Conference).

CONGRESSIONAL RECORD, Vol. 147 (2001):

Sept. 21, 24–26, Oct. 1, 2, considered and passed Senate.

Oct. 17, considered and passed House, amended, in lieu of H.R. 2586.

Dec. 13, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Dec. 28, Presidential statement.

Æ

‘‘(1) IN GENERAL.—The cash deposited into the deposit fund

established by subsection (a) may not be withdrawn without

the consent of the Secretary. ‘‘(2) USE OF INCOME.—Subject to paragraph (3), the Secretary may pay any income earned on cash of an obligor deposited into the deposit fund in accordance with the terms of

the agreement with the obligor under subsection (b). ‘‘(3) RETENTION AGAINST DEFAULT.—The Secretary may

retain and offset any or all of the cash of an obligor in the

deposit fund, and any income realized thereon, as part of the

Secretary’s recovery against the obligor in case of a default

by the obligor on an obligation.’’.

Approved December 28, 2001.

115 STAT. 1394 PUBLIC LAW 107–107—DEC. 28, 2001

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001):

Dec. 28, Presidential statement.

Æ