II

107TH CONGRESS

1ST SESSION S. 1155

To authorize appropriations for fiscal year 2002 for military activities of

the Department of Defense, to prescribe military personnel strengths

for fiscal year 2002, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 29, 2001

Mr. LEVIN (for himself and Mr. WARNER) (by request) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To authorize appropriations for fiscal year 2002 for military

activities of the Department of Defense, to prescribe

military personnel strengths for fiscal year 2002, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Defense Au5 thorization Act for Fiscal Year 2002’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Table of contents.
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TITLE I—PROCUREMENT

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. Defense Health Program.

TITLE II–RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 201. Authorization of Appropriations.

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. Acquisition of Logistical Support for Security Forces.

Sec. 305. Contract Authority for Defense Working Capital Funds.

Subtitle B—Environmental Provisions

Sec. 310. Reimburse EPA for Certain Costs in Connection with Hooper Sands

Site, in South Berwick, Maine.

Sec. 311. Extension of Pilot Program for the Sale of Air Pollution Emission

Reduction Incentives.

Sec. 312. Elimination of Report on Contractor Reimbursement Costs.

Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities

Sec. 315. Costs Payable to the Department of Defense and Other Federal

Agencies for Services Provided to the Defense Commissary

Agency.

Sec. 316. Reimbursement for Non-Commissary Use of Commissary Facilities.

Sec. 317. Commissary Contracts and Other Agencies and Instrumentalities.

Sec. 318. Operation of Commissary Stores.

Subtitle D—Other Matters

Sec. 320. Reimbursement, for Reserve Intelligence Support.

Sec. 321. Disposal of Obsolete and Excess Materials Contained in the National

Defense Stockpile.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End Strengths for Active Forces.

Subtitle B—Reserve Forces

Sec. 405. End Strengths for Selected Reserve.

Sec. 406. End Strengths for Reserves on Active Duty in Support of the Reserves.
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Sec. 407. End Strengths for Military Technicians (Dual Status).

Sec. 408. Fiscal Year 2002 Limitation on Number of Non-Dual Status Technicians.

Sec. 409. Authorized Strengths: Reserve Officers and Senior Enlisted Members

on Active Duty or Full-time National Guard Duty for Administration of the Reserves or National Guard.

Sec. 410. Increase in Authorized Strengths for Air Force Officers on Active

Duty in the Grade of Major.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Elimination of Certain Medical and Dental Requirements for Army

Early-Deployers.

Sec. 502. Medical Deferment of Mandatory Retirement or Separation.

Sec. 503. Officer in Charge; United States Navy Band.

Sec. 504. Removal of Requirement for Certification for Certain Flag Officers

to Retire in Their Highest Grade.

Sec. 505. Three-Year Extension of Certain Force Drawdown Transition Authorities Relating to Personnel Management and Benefits.

Sec. 506. Judicial Review of Selection Boards.

Subtitle B—Reserve Component Personnel Policy

See. 511. Retirement of Reserve Personnel.

Sec. 512. Amendment to Reserve PERSTEMPO Definition.

See. 513. Individual Ready Reserve Physical Examination Requirement.

Sec. 514. Benefits and Protections for Members in a Funeral Honors Duty

Status.

Sec. 515. Funeral Honors Duty Performed by Members of the National Guard.

Sec. 516. Strength and Grade Ceiling Accounting for Reserve Component Members on Active Duty in Support of a Contingency Operation.

Sec. 517. Reserve Health Professionals Stipend Program Expansion.

Sec. 518. Reserve Officers on Active Duty for a Period of Three Years or Less.

Sec. 519. Active Duty End Strength Exemption for National Guard and Reserve Personnel Performing Funeral Honors Functions.

See. 520. Clarification of Functions That May Be Assigned to Active Guard

and Reserve Personnel on Full-Time National Guard Duty.

See. 521. Authority for Temporary Waiver of the Requirement for a Baccalaureate Degree for Promotion of Certain Reserve Officers of

the Army.

Sec. 522. Authority of the President to Suspend Certain Laws Relating to Promotion, Retirement and Separation; Duties.

Subtitle C—Education and Training

Sec. 531. Authority for the Marine Corps University to Award the Degree of

Master of Strategic Studies.

Sec. 532. Reserve Component Distributed Learning.

Sec. 533. Repeal of Limitation on Number of Junior Reserve Officers’ Training

Corps (JROTC) Units.

Sec. 534. Modification of the Nurse Officer Candidate Accession Program Restriction on Students Attending Civilian Educational Institutions with Senior Reserve Officers’ Training Programs.

Sec. 535. Defense Language Institute Foreign Language Center.
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Subtitle D—Decorations, Awards, and Commendations

Sec. 541. Authority for Award of the Medal of Honor to Humbert R. Versace

for Valor During the Vietnam War.

Sec. 542. Issuance of Duplicate Medal of Honor.

Sec. 543. Repeal of Limitation on Award of Bronze Star to Members in Receipt

of Special Pay.

Subtitle E—Uniform Code of Military Justice

Sec. 551. Revision of Punitive UCMJ Article Regarding Drunken Operation of

Vehicle, Aircraft, or Vessel.

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Partial Dislocation Allowance Authorized Under Certain Circumstances.

Sec. 603. Funeral Honors Duty Allowance for Retirees.

Sec. 604. Basic Pay Rate for Certain Reserve Commissioned Officers with

Prior Service as an Enlisted Member or Warrant Officer.

Sec. 605. Family Separation Allowance.

Sec. 606. Housing Allowance for the Chaplain for the Corps of Cadets, United

States Military Academy.

Sec. 607. Clarifying Amendment that Space-Required Travel for Annual Training Reserve Duty Does Not Obviate Transportation Allowances.

Subtitle B—Bonuses and Special and Incentive Pays

Sec. 611. Authorize the Secretary of the Navy to Prescribe Submarine Duty Incentive Pay Rates.

Sec. 612. Extension of Authorities Relating to Payment of Other Bonuses and

Special Pays.

Sec. 613. Extension of Certain Bonuses and Special Pay Authorities for Nurse

Officer Candidates, Registered Nurses, Nurse Anesthetists, and

Dental Officers.

Sec. 614. Extension of Authorities Relating to Nuclear Officer Special Pays.

See. 615. Extension of Special and Incentive Pays.

Sec. 616. Accession Bonus for Officers in Critical Skills.

Sec. 617. Critical Wartime Skill Requirement for Eligibility for the Individual

Ready Reserve Bonus.

Sec. 618. Hazardous Duty Incentive Pay: Maritime Board and Search.

Subtitle C—Travel and Transportation Allowances

Sec. 621. Funded Student Travel: Exchange Programs.

Sec. 622. Payment of Vehicle Storage Costs in Advance.

Sec. 623. Travel and Transportation Allowances for Family Members to Attend

the Burial of a Deceased Member of the Armed Forces.

Sec. 624. Shipment of Privately Owned Vehicles When Executing CONUS Permanent Change of Station Moves.

Subtitle D—Other

See. 631. Montgomery G I Bill—Selected Reserve Eligibility Period.
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Sec. 632. Improved Disability Benefits for Certain Reserve Component Members.

Sec. 633. Acceptance of Scholarships by Officers Participating in the Funded

Legal Education Program.

TITLE VII—ACQUISITION POLICY AND ACQUISITION

MANAGEMENT

Subtitle A—Acquisition Policy

Sec. 701. Acquisition Milestone Changes.

Sec. 702. Clarification of Inapplicability of the Requirement for Core Logistics

Capabilities Standards to the Nuclear Refueling of an Aircraft

Carrier.

Sec. 703. Depot Maintenance Utilization Waiver.

Subtitle B—Acquisition Workforce

Sec. 705. Acquisition Workforce Qualifications.

See. 706. Tenure Requirement for Critical Acquisition Positions.

Subtitle C—General Contracting Procedures and Limitations

Sec. 710. Amendment of Law Applicable to Contracts for Architectural and

Engineering Services and Construction Design.

Sec. 711. Streamlining Procedures for the Purchase of Certain Goods.

Sec. 712. Repeal of the Requirement for the Limitations on the Use of Air

Force Civil Engineering Supply Function Contracts.

Sec. 713. One-Year Extension of Commercial Items Test Program.

Sec. 714. Modification of Limitation on Retirement or Dismantlement of Strategic Nuclear Delivery Systems.

Subtitle D—Military Construction General Provisions

Sec. 715. Exclusion of Unforeseen Environmental Hazard Remediation from

the Limitation on Cost Increases for Military Construction and

Family Housing Construction Projects.

Sec. 716. Increase of Overseas Minor Construction Threshold Using Operations

and Maintenance Funds.

Sec. 717. Leasebacks of Base Closure Property.

Sec. 718. Alternative Authority For Acquisition and Improvement of Military

Housing.

Sec. 719. Annual Report to Congress on Design And Construction.

TITLE VIII—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Subtitle A—Department of Defense Organizations and Positions

Sec. 801. Organizational Alignment Change for Director for Expeditionary

Warfare.

Sec. 802. Consolidation of Authorities Relating to Department of Defense Regional Centers for Security Studies.

Sec. 803. Change of Name for Air Mobility Command.

See. 804. Transfer of Intelligence Positions in Support of the National Imagery

and Mapping Agency.

Subtitle B—Reports
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Sec. 811. Amendment to National Guard and Reserve Component Equipment:

Annual Report to Congress.

Sec. 812. Elimination of Triennial Report on the Roles and Missions of the

Armed Forces.

Sec. 813. Change in Due Date of Commercial Activities Report.

Subtitle C—Other Matters

Sec. 821. Documents, Historical Artifacts, and Obsolete or Surplus Materiel:

Loan, Donation, or Exchange.

See. 822. Charter Air Transportation of Members of the Armed Forces.

TITLE IX—GENERAL PROVISIONS

Subtitle A—Matters Relating to Other Nations

Sec. 901. Test and Evaluation Initiatives.

Sec. 902. Cooperative Research and Development Projects: Allied Countries.

Sec. 903. Recognition of Assistance from Foreign Nationals.

Sec. 904. Personal Service Contracts in Foreign Areas.

Subtitle B—Department of Defense Civilian Personnel

Sec. 911. Removal of Limits on the Use of Voluntary Early Retirement Authority and Voluntary Separation Incentive Pay for Fiscal Years

2002 and 2003.

Sec. 912. Authority for Designated Civilian Employees Abroad to Act as a Notary.

Sec. 913. Inapplicability of Requirement for Studies and Reports When All Directly Affected Department of Defense Civilian Employees Are

Reassigned to Comparable Federal Positions.

Sec. 914. Preservation of Civil Service Rights for Employees of the Former Defense Mapping Agency.

Sec. 915. Financial Assistance to Certain Employees in Acquisition of Critical

Skills.

Sec. 916. Pilot Program for Payment of Retraining Expenses.

Subtitle C—Other Matters

Sec. 921. Authority to Ensure Demilitarization of Significant Military Equipment Formerly Owned by the Department of Defense.

Sec. 922. Motor Vehicles: Documentary Requirements for Transportation for

Military Personnel and Federal Employees on Change of Permanent Station.

Sec. 923. Department of Defense Gift Initiatives.

Sec. 924. Repeal of the Joint Requirements Oversight Council Semi-Annual Report.

Sec. 925. Access to Sensitive Unclassified Information.

Sec. 926. Water Rights Conveyance, Andersen Air Force Base, Guam.

Sec. 927. Repeal of Requirement For Separate Budget Request For Procurement of Reserve Equipment.

Sec. 928. Repeal of Requirement for Two-year Budget Cycle for the Department of Defense.
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1 TITLE I—PROCUREMENT

2 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. Defense Health Program.

3 SEC. 101. ARMY.

4 Funds are hereby authorized to be appropriated for

5 fiscal year 2002 for procurement for the Army as follows:

6 (1) For aircraft, $1,925,491,000.

7 (2) For missiles, $1,859,634,000.

8 (3) For weapons and tracked combat vehicles,

9 $2,276,746,000.

10 (4) For ammunition, $1,193,365,000.

11 (5) For other procurement, $3,961,737,000.

12 (6) For chemical agents and munitions destruc13 tion, $1,153,557,000 for—

14 (A) the destruction of lethal chemical

15 weapons in accordance with section 1412 of the

16 Department of Defense Authorization Act,

17 1986 (50 U.S.C. 1521) and

18 (B) the destruction of chemical warfare

19 material of the United States that is not cov20 ered by section 1412 of such Act.
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1 SEC. 102. NAVY AND MARINE CORPS.

2 (a) NAVY.—Funds axe hereby authorized to be ap3 propriated for fiscal year 2002 for procurement for the

4 Navy as follows:

5 (1) For aircraft, $8,252,543,000.

6 (2) For weapons, including missiles and tor7 pedoes, $1,433,475,000.

8 (3) For shipbuilding and conversion,

9 $9,344,121,000.

10 (4) For other procurement, $4,097,576,000.

11 (b) MARINE CORPS.—Funds are hereby authorized to

12 be appropriated for fiscal year 2002 for procurement for

13 the Marine Corps in the amount of $981,724,000.

14 (c) NAVY AND MARINE CORPS AMMUNITION.—Funds

15 are hereby authorized to be appropriated for fiscal year

16 2002 for procurement of ammunition for the Navy and

17 Marine Corps in the amount of $457,099,000.

18 SEC. 103. AIR FORCE.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 2002 for procurement for the Air Force as fol21 lows:

22 (1) For aircraft, $10,744,458,000.

23 (2) For missiles, $3,233,536,000.

24 (3) For procurement of ammunition,

25 $865,344,000.

26 (4) For other procurement, $8,158,521,000.
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1 SEC. 104. DEFENSE-WIDE ACTIVITIES.

2 Funds are hereby authorized to be appropriated for

3 fiscal year 2002 for defense-wide procurement in the

4 amount of $1,603,927,000.

5 SEC. 105. DEFENSE INSPECTOR GENERAL.

6 Funds are hereby authorized to be appropriated for

7 fiscal year 2002 for procurement for the Defense Inspec8 tor General in the amount of $1,800,000.

9 SEC. 106. DEFENSE HEALTH PROGRAM.

10 Funds are hereby authorized to be appropriated for

11 fiscal year 2002 for the Department of Defense for pro12 curement for carrying out health care programs, projects,

13 and activities of the Department of Defense in the total

14 amount of $267,915,000.

15 TITLE II—RESEARCH, DEVELOP16 MENT, TEST, AND EVALUA17 TION

Sec. 201. Authorization of Appropriations.

18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

19 Funds are hereby authorized to be appropriated for

20 fiscal year 2002 for the use of the Armed Forces for re21 search, development, test, and evaluation, as follows:

22 (1) For the Army, $6,693,920,000.

23 (2) For the Navy, $11,123,389,000.

24 (3) For the Air Force, $14,343,982,000.
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1 (4) For Defense-wide research, development,

2 test, and evaluation, $15,268,142,000, of which

3 $217,355,000 is authorized for the Director of Oper4 ational Test and Evaluation.

5 (5) For the Defense Health Program,

6 $65,304,000.

7 TITLE III—OPERATION AND

8 MAINTENANCE

9 Subtitle A—Authorization of

10 Appropriations

Sec. 301. Operation and Maintenance Funding.

Sec. 302. Working Capital Funds.

Sec. 303. Armed Forces Retirement Home.

Sec. 304. Acquisition of Logistical Support for Security Forces.

Sec. 305. Contract Authority for Defense Working Capital Funds.

11 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

12 Funds are hereby authorized to be appropriated for

13 fiscal year 2002 for the use of the Armed Forces of the

14 United States and other activities and agencies of the De15 partment of Defense, for expenses, not otherwise provided

16 for, for operation and maintenance, in amounts as follows:

17 (1) For the Army, $21,191,680,000.

18 (2) For the Navy, $26,961,382,000.

19 (3) For the Marine Corps, $2,892,314,000.

20 (4) For the Air Force, $26,146,770,000.

21 (5) For the Defense-wide activities,

22 $12,518,631,000.

23 (6) For the Army Reserve, $1,787,246,000.
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1 (7) For the Naval Reserve, $1,003,690,000.

2 (8) For the Marine Corps Reserve,

3 $144,023,000.

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

5 (10) For the Army National Guard,

6 $3,677,359,000.

7 (11) For the Air National Guard,

8 $3,867,361,000.

9 (12) For the Defense Inspector General,

10 $150,221,000.

11 (13) For the United States Court of Appeals

12 for the Armed Forces, $9,096,000.

13 (14) For Environmental Restoration, Army,

14 $389,800,000.

15 (15) For Environmental Restoration, Navy,

16 $257,517,000.

17 (16) For Environmental Restoration, Air Force,

18 $385,437,000.

19 (17) For Environmental Restoration, Defense20 wide, $23,492,000.

21 (18) For Environmental Restoration, Formerly

22 Used Defense Sites, $190,255,000.

23 (19) For Overseas Humanitarian, Disaster, and

24 Civic Aid programs, $49,700,000.
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1 (20) For Drug Interdiction and Counter-drug

2 Activities, Defense-wide, $820,381,000.

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

4 Remediation, and Environmental Restoration Trust

5 Fund, $25,000,000.

6 (22) For the Defense Health Program,

7 $17,565,750,000.

8 (23) For Cooperative Threat Reduction pro9 grams, $403,000,000.

10 (24) For Overseas Contingency Operations

11 Transfer Fund, $2,844,226,000.

12 (25) For Support for International Sporting

13 Competitions, Defense, $15,800,000.

14 SEC. 302. WORKING CAPITAL FUNDS.

15 Funds are hereby authorized to be appropriated for

16 fiscal year 2002 for the use of the Armed Forces of the

17 United States and other activities and agencies of the De18 partment of Defense for providing capital for working cap19 ital and revolving funds in amounts as follows:

20 (1) For the Defense Working Capital Funds,

21 $1,951,986,000.

22 (2) For the National Defense Sealift Fund,

23 $506,408,000.
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1 SEC. 303. ARMED FORCES RETIREMENT HOME.

2 There is hereby authorized to be appropriated for fis3 cal year 2002 from the Armed Forces Retirement Home

4 Trust Fund the sum of $71,440,000 for the operation of

5 the Armed Forces Retirement Home, including the United

6 States Soldiers’ and Airmen’s Home and the Naval Home.

7 SEC. 304. ACQUISITION OF LOGISTICAL SUPPORT FOR SE8 CURITY FORCES.

9 Section 5 of the Multinational Force and Observers

10 Participation Resolution (Public Law 97–132; 95 Stat.

11 1695; 22 U.S.C. 3424) is amended by adding at the end

12 the following new subsection:

13 ‘‘(d) The United States may use contractors or other

14 means to provide logistical support to the Multinational

15 Force and Observers under this section in lieu of providing

16 such support through a logistical support unit comprised

17 of members of the armed forces. Notwithstanding sub18 sections (a) and (b) and section 7(b), support by a con19 tractor or other means under this subsection may be pro20 vided without reimbursement, whenever the President de21 termines that such action enhances or supports the na22 tional security interests of the United States.’’.

23 SEC. 305. CONTRACT AUTHORITY FOR DEFENSE WORKING

24 CAPITAL FUNDS.

25 Contract authority in the amount of $427, 100,000,

26 to remain available until September 30, 2002, is hereby
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1 authorized and appropriated to the Defense Working Cap2 ital Fund for the procurement, lease-purchase with sub3 stantial private sector risk, capital or operating multiple4 year lease, of a capital asset, multiple-year time charter

5 of a commercial craft or vessel and associated services.

6 Subtitle B—Environmental

7 Provisions

Sec. 310. Reimburse EPA for Certain Costs in Connection with Hooper

Sands Site, in South Berwick, Maine.

Sec. 311. Extension of Pilot Program for the Sale of Air Pollution Emission

Reduction Incentives.

Sec. 312. Elimination of Report on Contractor Reimbursement Costs.

8 SEC. 310. REIMBURSE EPA FOR CERTAIN COSTS IN CON9 NECTION WITH HOOPER SANDS SITE, IN

10 SOUTH BERWICK, MAINE.

11 (a) AUTHORITY TO REIMBURSE EPA.—Using funds

12 described in subsection (b), the Secretary of the Navy may

13 pay $1,005,478.00 to the Hooper Sands Special Account

14 within the Hazardous Substance Superfund established by

15 section 9507 of the Internal Revenue Code of 1986 (26

16 U.S.C. 9507) to reimburse the Environmental Protection

17 Agency in full for the Remaining Past Response Costs in18 curred by the agency for actions taken pursuant to the

19 Comprehensive Environmental Response, Compensation

20 and Liability Act of 1980 (42 U.S.C. 9601, et seq.) at

21 the Hooper Sands site in South Berwick, Maine, pursuant

22 to an Interagency Agreement entered into by the Depart-
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1 ment of the Navy and the Enviromental Protection Agency

2 in January 2001.

3 (b) SOURCE OF FUNDS.—Any payment under sub4 section (a) shall be made using the amounts authorized

5 to be appropriated by paragraph (15) of section 301 to

6 the Enviromental Restoration, Navy account, established

7 by section 2703(a)(3) of title 10, United States Code.

8 SEC. 311. EXTENSION OF PILOT PROGRAM FOR THE SALE

9 OF AIR POLLUTION EMISSION REDUCTION

10 INCENTIVES.

11 Section 351(a) of the National Defense Authorization

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

13 1629, 1692) is amended to read as follows:

14 ‘‘(2) The Secretary may carry out the pilot pro15 gram during the period beginning on the date of en16 actment of this Act through September 30, 2003.’’.

17 SEC. 312. ELIMINATION OF REPORT ON CONTRACTOR RE18 IMBURSEMENT COSTS.

19 Section 2706 of title 10, United States Code, is

20 amended by striking subsection (c) and redesignating sub21 sections (d) and (e) as subsections (c) and (d), respec22 tively.
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1 Subtitle C—Commissaries and Non2 appropriated Fund Instrumen3 talities

Sec. 315. Costs Payable to the Department of Defense and Other Federal

Agencies for Services Provided to the Defense Commissary

Agency.

Sec. 316. Reimbursement for Non-Commissary Use of Commissary Facilities.

Sec. 317. Commissary Contracts and Other Agencies and Instrumentalities.

Sec. 318. Operation of Commissary Stores.

4 SEC. 315. COSTS PAYABLE TO THE DEPARTMENT OF DE5 FENSE AND OTHER FEDERAL AGENCIES FOR

6 SERVICES PROVIDED TO THE DEFENSE COM7 MISSARY AGENCY.

8 Section 2482(b)(1) of title 10, United States Code,

9 is amended by striking ‘‘However, the Defense Com10 missary Agency may not pay for any such service provided

11 by the United States Transportation Command any

12 amount that exceeds the price at which the service could

13 be procured through full and open competition, as such

14 term is defined in section 4(6) of the Office of Federal

15 Procurement Policy Act (41 U.S.C. 403(6)).’’ and insert16 ing ‘‘The Defense Commissary Agency may not pay for

17 any service provided by a Defense working capital fund

18 activity which exceeds the price at which the service could

19 be procured through full and open competition by the De20 fense Commissary Agency, as such term is defined in sec21 tion 4(6) of the Office of Federal Procurement Policy Act

22 (41 U.S.C. 403(6)). In determining the cost for providing
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1 such service the Defense Commissary Agency may pay a

2 Defense working capital fund activity those administrative

3 and handling costs it would be required to pay for the

4 provision of such services had the Defense Commissary

5 Agency acquired them under full and open competition.

6 Under no circumstances will any costs associated with mo7 bilization requirements, maintenance of readiness, or es8 tablishment or maintenance of infrastructure to support

9 such mobilization or readiness requirements, be included

10 in rates charged the Defense Commissary Agency.’’.

11 SEC. 316. REIMBURSEMENT FOR NON-COMMISSARY USE OF

12 COMMISSARY FACILITIES.

13 (a) IN GENERAL.—Chapter 147 of title 10, United

14 States Code, is amended by inserting at the beginning of

15 the chapter the following new section:

16 ‘‘§ 2481. Reimbursement for non-commissary use of

17 commissary facilities

18 ‘‘If a commissary facility acquired, constructed or im19 proved (in whole or in part) with commissary surcharge

20 revenues is used for non-commissary purposes, the Sec21 retary of the military department concerned shall reim22 burse the commissary surcharge revenues for the com23 missary’s share of the depreciated value of the facility.’’.

24 (b) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of such chapter 147 is amended by insert-
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1 ing before the item relating to section 2482 the following

2 new item:

‘‘2481. Reimbursement for non-commissary use of commissary facilities.’’.

3 SEC. 317. COMMISSARY CONTRACTS AND OTHER AGENCIES

4 AND INSTRUMENTALITIES.

5 Section 2482(b) of title 10, United States Code, is

6 amended—

7 (1) by redesignating paragraph (2) as para8 graph (3); and

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph (2):

11 ‘‘(2) Where the Secretary of Defense authorizes

12 the Defense Commissary Agency to sell limited ex13 change merchandise as commissary store inventory

14 under section 2486(b)(11) of this title, the Defense

15 Commissary Agency shall enter into a contract or

16 other agreement to obtain such merchandise avail17 able from the Armed Service Exchanges, provided

18 that such merchandise shall be obtained at a cost of

19 no more than the exchange retail price less the

20 amount of commissary surcharge authorized to be

21 collected by section 2486 of this title. If such mer22 chandise is procured by the Defense Commissary

23 Agency from other than the Armed Service Ex24 changes, the limitations provided in section 2486(e)

25 of this title apply.’’.
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1 SEC. 318. OPERATION OF COMMISSARY STORES.

2 Section 2482(a) of title 10, United States Code, is

3 amended by striking ‘‘A contract with a private person’’

4 and all that remains to the end of the subsection.

5 Subtitle D—Other Matters

Sec. 320. Reimbursement for Reserve Intelligence Support.

Sec. 321. Disposal of Obsolete and Excess Materials Contained in the National

Defense Stockpile.

6 SEC. 320. REIMBURSEMENT FOR RESERVE INTELLIGENCE

7 SUPPORT.

8 (a) Appropriations available to the Department of

9 Defense for operations and maintenance may be used to

10 reimburse National Guard and Reserve units or organiza11 tions for the pay, allowances and other expenses which are

12 incurred by such National Guard and Reserve units or or13 ganizations when members of the National Guard or Re14 serve provide intelligence, including counterintelligence,

15 support to Combatant Commands, Defense Agencies and

16 Joint Intelligence Activities, including the activities and

17 programs included within the National Foreign Intel18 ligence Program, the Joint Military Intelligence Program,

19 and the Tactical Intelligence and Related Activities aggre20 gate.

21 (b) Nothing in this section authorizes deviation from

22 established Reserve and National Guard personnel and

23 training procedures.
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1 SEC. 321. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS

2 CONTAINED IN THE NATIONAL DEFENSE

3 STOCKPILE.

4 Subject to the conditions specified in section 10(c)

5 of the Strategic and Critical Materials Stock Piling Act

6 (50 U.S.C. § 98h–1(c)), the President may dispose of the

7 following obsolete and excess materials contained in the

8 National Defense Stockpile in the following quantities:

9 Bauxite, Refractory, 40,000 short tons.

10 Chromium Metal, 3,512 short tons.

11 Iridium, 25,140 troy ounces.

12 Jewel Bearings, 30,273,221 pieces.

13 Manganese, Ferro HC, 209,074 short tons.

14 Palladium, 11 troy ounces.

15 Quartz Crystal, 216,648 pounds.

16 Tantalum Metal Ingot, 120,228 pounds con17 tained tantalum.

18 Tantalum Metal Powder, 36,020 pounds con19 tained tantalum.

20 Thorium Nitrate, 600,000 pounds.

21 TITLE IV—MILITARY

22 PERSONNEL AUTHORIZATIONS

23 Subtitle A—Active Forces

Sec. 401. End Strengths for Active Forces.
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1 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

2 The Armed Forces are authorized strengths for active

3 duty personnel as of September 30, 2002, as follows:

4 (1) The Army, 480,000.

5 (2) The Navy, 376,000.

6 (3) The Marine Corps, 172,600.

7 (4) The Air Force, 358,800.

8 Subtitle B—Reserve Forces

See. 405. End Strengths for Selected Reserve.

Sec. 406. End Strengths for Reserves on Active Duty in Support of the Reserves.

Sec. 407. End Strengths for Military Technicians (Dual Status).

Sec. 408. Fiscal Year 2002 Limitation on Number of Non-Dual Status Technicians.

Sec. 409. Authorized Strengths: Reserve Officers and Senior Enlisted Members

on Active Duty or Full-time National Guard Duty for Administration of the Reserves or National Guard.

Sec. 410. Increase in Authorized Strengths for Air Force Officers on Active

Duty in the Grade of Major.

9 SEC. 405. END STRENGTHS FOR SELECTED RESERVE.

10 (a) IN GENERAL.—The Armed Forces are authorized

11 strengths for Selected Reserve personnel of the reserve

12 components as of September 30, 2002, as follows:

13 (1) The Army National Guard of the United

14 States, 350,000.

15 (2) The Army Reserve, 205,000.

16 (3) The Naval Reserve, 87,000.

17 (4) The Marine Corps Reserve, 39,558.

18 (5) The Air National Guard of the United

19 States, 108,400.

20 (6) The Air Force Reserve, 74,700.
22

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1 (7) The Coast Guard Reserve, 8,000.

2 (b) ADJUSTMENTS.—The end strengths prescribed by

3 subsection (a) for the Selected Reserve of any reserve com4 ponent shall be proportionately reduced by—

5 (1) the total authorized strength of units orga6 nized to serve as units of the Selected Reserve of

7 such component which are on active duty (other

8 than for training) at the end of the fiscal year, and

9 (2) the total number of individual members not

10 in units organized to serve as units of the Selected

11 Reserve of such component who are on active duty

12 (other than for training or for unsatisfactory partici13 pation in training) without their consent at the end

14 of the fiscal year.

15 Whenever such units or such individual members are

16 released from active duty during any fiscal year, the end

17 strength prescribed for such fiscal year for the Selected

18 Reserve of such reserve component shall be increased pro19 portionately by the total authorized strengths of such

20 units and by the total number of such individual members.

21 SEC. 406. END STRENGTHS FOR RESERVES ON ACTIVE

22 DUTY IN SUPPORT OF THE RESERVES.

23 Within the end strengths prescribed in section

24 411(a), the reserve components of the Armed Forces are

25 authorized, as of September 30, 2002, the following num-
23

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1 ber of Reserves to be serving on full-time active duty or,

2 in the case of members of the National Guard, full-time

3 National Guard duty for the purpose of organizing, ad4 ministering, recruiting, instructing, or training the reserve

5 components:

6 (1) The Army National Guard of the United

7 States, 22,974.

8 (2) The Army Reserve, 13,108.

9 (3) The Naval Reserve, 14,811.

10 (4) The Marine Corps Reserve, 2,261.

11 (5) The Air National Guard of the United

12 States, 11,591.

13 (6) The Air Force Reserve, 1,437.

14 SEC. 407. END STRENGTHS FOR MILITARY TECHNICIANS

15 (DUAL STATUS).

16 The Reserve Components of the Army and the Air

17 Force are authorized strengths for military technicians

18 (dual status) as of September 30, 2002, as follows:

19 (1) For the Army Reserve, 5,999.

20 (2) For the Army National Guard of the United

21 States, 23,128.

22 (3) For the Air Force Reserve, 9,818.

23 (4) For the Air National Guard of the United

24 States, 22,422.
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1 SEC. 408. FISCAL YEAR 2002 LIMITATION ON NUMBER OF

2 NON-DUAL STATUS TECHNICIANS.

3 The number of civilian employees who are non-dual

4 status technicians of a reserve component of the Army or

5 Air Force as of September 30, 2002, may not exceed the

6 following:

7 (1) For the Army Reserve, 1,095.

8 (2) For the Army National Guard of the United

9 States, 1,600.

10 (3) For the Air Force Reserve, 0.

11 (4) For the Air National Guard of the United

12 States, 350.

13 SEC. 409. AUTHORIZED STRENGTHS: RESERVE OFFICERS

14 AND SENIOR ENLISTED MEMBERS ON ACTIVE

15 DUTY OR FULL-TIME NATIONAL GUARD DUTY

16 FOR ADMINISTRATION OF THE RESERVES OR

17 NATIONAL GUARD.

18 (a) IN GENERAL.—Section 12011 of title 10, United

19 States Code, is amended by amending the body of the sec20 tion to read as follows:

21 ‘‘(a) CEILINGS FOR FULL-TIME RESERVE COMPO22 NENT FIELD GRADE OFFICERS.—The number of reserve

23 officers of the reserve components of the Army, Navy, Air

24 Force, and Marine Corps who may be on active duty in

25 the pay grades of O–4, O–5, O–6 for duty described in

26 sections 10211, 10302 through 10305, 123 10, or 12402
25

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1 of this title, or full-time National Guard duty (other than

2 for training) under section 502(f) of title 32, or section

3 708 of title 32, may not, at the end of any fiscal year,

4 exceed a number for that grade and reserve component

5 in accordance with the following tables:

‘‘Army National Guard

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

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

‘‘U.S. Army Reserve

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

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

‘‘U.S. Naval Reserve

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

10,000 807 447 141

11,000 867 467 153

12,000 924 485 163
26

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‘‘U.S. Naval Reserve—Continued

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

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

22,000 1,384 610 258

23,000 1,400 615 265

24,000 1,410 620 270

‘‘U.S. Marine Corps Reserve

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

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 National Guard

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

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
27

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‘‘Air National Guard—Continued

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

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

‘‘U.S. Air Force Reserve

AGR Population O–4 (MAJ) O–5 (LTC) O–6 (COL)

500 83 85 50

1,000 155 165 95

1,500 220 240 135

2,000 285 310 170

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

1 ‘‘(b) GRADE SUBSTITUTIONS FOR LOWER GRADE

2 CEILINGS.—Whenever the number of officers serving in

3 any grade for duty described in subsection (a) is less than

4 the number authorized for that grade under this section,

5 the difference between the two numbers may be applied

6 to increase the number authorized under this section for

7 any lower grade.

8 ‘‘(c) DETERMINATION OF AUTHORIZED CEILINGS.—

9 If the total number of members serving in the grades pre10 scribed in the above tables is between any two consecutive
28

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1 numbers in the first column of the appropriate table, the

2 corresponding authorized strengths for each of the grades

3 shown in that table, for that component, are determined

4 by mathematical interpolation between the respective

5 numbers of the two strengths. If the total numbers of

6 members serving on AGR duty in the first column are

7 greater or less than the figures listed in the first column

8 of the appropriate table, the Secretary concerned shall fix

9 the corresponding strengths for the grades shown in that

10 table at the same proportion as reflected in the nearest

11 limit shown in the table.

12 ‘‘(d) SECRETARIAL WAIVER.—Upon determination

13 by the Secretary of Defense that such action is in the na14 tional interest, the Secretary may increase the number of

15 reserve officers that may be on active duty or full-time

16 National Guard duty in a controlled grade authorized pur17 suant to subsection (a) for the current fiscal year for any

18 of the Reserve components by a number equal to not more

19 than 5 percent of the authorized strength in that con20 trolled grade.’’.

21 (b) IN GENERAL.—Section 12012 of title 10, United

22 States Code, is amended by amending the body of the sec23 tion to read as follows:

24 ‘‘(a) CEILINGS FOR FULL-TIME RESERVE COMPO25 NENT SENIOR ENLISTED MEMBERS.—The number of en-
29

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1 listed members in pay grades of E–8 and E–9 for who

2 may be on active duty under section 10211 or 12310, or

3 on full-time National Guard duty under the authority of

4 section 502(f) of title 32 (other than for training) in con5 nection with organizing, administering, recruiting, in6 structing, or training the reserve components or the Na7 tional Guard may not, at the end of any fiscal year, exceed

8 a number determined in accordance with the following ta9 bles:

‘‘Army National Guard

AGR Population E–8 (MSG) E–9 (SGM)

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

‘‘U.S. Army Reserve

AGR Population E–8 (MSG) E–9 (SGM)

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
30

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‘‘U.S. Naval Reserve

AGR Population E–8 (SCPO) E–9 (MCPO)

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

‘‘U.S. Marine Corps Reserve

AGR Population E–8 (IST SGT) E–9 (SGTMAJ)

1,100 50 11

1,200 55 12

1,300 60 13

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 National Guard

AGR Population E–8 (SMSGT) E–9 (CMSGT)

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
31

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‘‘Air National Guard—Continued

AGR Population E–8 (SMSGT) E–9 (CMSGT)

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

‘‘U.S. Air Force Reserve

AGR Population E–8 (SMSGT) F–9 (CMSGT)

500 75 40

1,000 145 75

1,500 105

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

05,500 565 270

6,000 600 290

7,000 670 330

8,000 740 370

10,000 800 400

1 ‘‘(b) GRADE SUBSTITUTION FOR LOWER GRADE

2 CEILINGS.—Whenever the number of members serving in

3 pay grade E–9 for duty described in subsection (a) is less

4 than the number authorized for that grade under this sec5 tion, the difference between the two numbers may be ap6 plied to increase the number authorized under this section

7 for pay grade E–8.

8 ‘‘(c) DETERMINATION OF AUTHORIZED CEILINGS.—

9 If the total number of members serving in the grades pre10 scribed in the above tables is between, any two consecutive
32

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1 numbers in the first column of the appropriate table, the

2 corresponding authorized strengths for each of the grades

3 shown in that table, for that component, are determined

4 by mathematical interpolation between the respective

5 numbers of the two strengths. If the total numbers of

6 members serving on AGR duty in the first column are

7 greater or less than the figures listed in the first column

8 of the appropriate table, the Secretary concerned shall fix

9 the corresponding strengths for the grades shown in that

10 table at the same proportion as reflected in the nearest

11 limit shown in the table.

12 ‘‘(d) SECRETARIAL WAIVER.—Upon determination

13 by the Secretary of Defense that such action is in the na14 tional interest, the Secretary may increase the number of

15 senior reserve enlisted members that may be on active

16 duty or full-time National Guard duty in a controlled

17 grade authorized pursuant to subsection (a) for the cur18 rent fiscal year for any of the Reserve components by a

19 number equal to not more than 5 percent of the authorized

20 strength in that controlled grade.’’.

21 SEC. 410. INCREASE IN AUTHORIZED STRENGTHS FOR AIR

22 FORCE OFFICERS ON ACTIVE DUTY IN THE

23 GRADE OF MAJOR.

24 The table in section 523(a)(1) of title 10, United

25 States Code, is amended by striking the figures under the
33

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1 heading ‘‘Major’’ relating to the Air Force and inserting

2 the following:

‘‘9,861

‘‘10,727

‘‘11,593

‘‘12,460

‘‘13,326

‘‘14,192

‘‘15,058

‘‘15,925

‘‘16,792

‘‘17,657

‘‘18,524

‘‘19,389

‘‘20,256

‘‘21,123

‘‘21,989

‘‘22,855

‘‘23,721

‘‘24,588

‘‘25,454.’’.

3 TITLE V—MILITARY PERSONNEL

4 POLICY

5 Subtitle A—Officer Personnel

6 Policy

Sec. 501. Elimination of Certain Medical and Dental Requirements for Army

Early-Deployers.

Sec. 502. Medical Deferment of Mandatory Retirement or Separation.

Sec. 503. Officer in Charge; United States Navy Band.

Sec. 504. Removal of Requirement for Certification for Certain Flag Officers

to Retire in Their Highest Grade.

Sec. 505. Three-Year Extension of Certain Force Drawdown Transition Authorities Relating to Personnel Management and Benefits.

Sec. 506. Judicial Review of Selection Boards.

7 SEC. 501. ELIMINATION OF CERTAIN MEDICAL AND DENTAL

8 REQUIREMENTS FOR ARMY EARLY9 DEPLOYERS.

10 Section 1074a of title 10, United States Code, is

11 amended—

12 (1) by striking subsection (d); and
34

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1 (2) by redesignating subsection (e) as sub2 section (d).

3 SEC. 502. MEDICAL DEFERMENT OF MANDATORY RETIRE4 MENT OR SEPARATION.

5 Section 640 of title 10, United States Code, is

6 amended——

7 (1) by inserting ‘‘(a)’’ at the beginning of the

8 paragraph;

9 (2) by striking ‘‘cannot’’ and inserting ‘‘may

10 not’’; and

11 (3) by adding at the end the following new sub12 paragraph (b):

13 ‘‘(b) An officer whose mandatory retirement or sepa14 ration under this chapter or chapter 63 of this title is sub15 ject to deferral under this section, may be extended for

16 a period not to exceed 30 days following completion of the

17 evaluation requiring hospitalization or medical observa18 tion.’’.

19 SEC. 503. OFFICER IN CHARGE; UNITED STATES NAVY

20 BAND.

21 (a) DETAIL AND GRADE.—Chapter 565 of title 10,

22 United States Code, is amended by inserting after section

23 6221 the following new section:
35

•S 1155 IS

1 § 6221a. United States Navy Band: officer in charge

2 ‘‘An officer serving in a grade not below lieutenant

3 commander may be detailed as Officer in Charge of the

4 United States Navy Band. While so serving, an officer who

5 holds a grade lower than captain shall hold the grade of

6 captain if he is appointed to that grade by the President,

7 by and with the advice and consent of the Senate. Such

8 appointment may occur notwithstanding the limitation of

9 subsection 5596(d) of this title.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of such chapter 565 is amended by insert12 ing after the item referring to section 6221 the following

13 new item:

‘‘6221a. United States Navy Band: officer in charge.’’.

14 SEC. 504. REMOVAL OF REQUIREMENT FOR CERTIFI15 CATION FOR CERTAIN FLAG OFFICERS TO

16 RETIRE IN THEIR HIGHEST GRADE.

17 Section 1370(c)(1) of title 10, United States Code,

18 is amended——

19 (1) by striking ‘‘certifies in writing to the Presi20 dent and Congress’’ and inserting ‘‘determines in

21 writing’’; and

22 (2) by adding at the end of the paragraph the

23 following new sentence: ‘‘The Secretary of Defense

24 shall issue regulations to implement this para25 graph.’’.
36

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1 SEC. 505. THREE-YEAR EXTENSION OF CERTAIN FORCE

2 DRAWDOWN TRANSITION AUTHORITIES RE3 LATING TO PERSONNEL MANAGEMENT AND

4 BENEFITS.

5 (a) EXTENSION OF EARLY RETIREMENT AUTHORITY

6 FOR ACTIVE DUTY MEMBERS.—Section 4403(i) of the

7 National Defense Authorization Act for Fiscal Year 1993

8 (10 U.S.C. 1293 note) is amended by striking ‘‘October

9 1, 2001’’ and inserting ‘‘October 1, 2004’’.

10 (b) EXTENSION OF AUTHORITY FOR SPECIAL SEPA11 RATION BENEFIT AND VOLUNTARY EARLY SEPARATION

12 INCENTIVE.—(1) Section 1174a(h)(1) of title 10, United

13 States Code, is amended by striking ‘‘December 31, 2001’’

14 and inserting ‘‘September 30, 2004’’.

15 (2) Section 1175(d)(3) of such title is amended by

16 striking ‘‘December 31, 2001’’ and inserting ‘‘September

17 30, 2004’’.

18 (c) EXTENSION OF AUTHORITY FOR SELECTIVE

19 EARLY RETIREMENT BOARDS.—Section 63 8a(a) of such

20 title is amended by striking ‘‘December 31, 2001’’ and in21 serting ‘‘September 30, 2004’’.

22 (d) TIME-IN-GRADE REQUIREMENT FOR RETENTION

23 OF GRADE UPON VOLUNTARY RETIREMENT.—(1) Section

24 1370(a)(2)(A) of such title is amended by striking ‘‘De25 cember 31, 2001’’ and inserting ‘‘September 30, 2004’’.
37

•S 1155 IS

1 (2) Section 1370(d)(5) of such title is amended by

2 striking ‘‘December 31, 2001’’ and inserting ‘‘September

3 30, 2004’’.

4 (e) MINIMUM COMMISSIONED SERVICE FOR VOL5 UNTARY RETIREMENT AS AN OFFICER.—

6 (1) ARMY.—Section 3911(b) of such title is

7 amended by striking ‘‘December 31, 2001’’ and in8 serting ‘‘September 30, 2004’’.

9 (2) NAVY.—Section 6323(a)(2) of such title is

10 amended by striking ‘‘December 31, 2001’’ and in11 serting ‘‘September 30, 2004’’.

12 (3) AIR FORCE.—Section 8911(b) of such title

13 is amended by striking ‘‘December 31, 2001’’ and

14 inserting ‘‘September 30, 2004’’.

15 (f) TRAVEL, TRANSPORTATION, AND STORAGE BEN16 EFITS.—(1) Section 404(c)(1)(C) of title 37, United

17 States Code, is amended by striking ‘‘December 31, 2001’’

18 and inserting ‘‘September 30, 2004’’.

19 (2) Section 404(f)(2)(B)(v) of such title is amended

20 by striking ‘‘December 31, 2001’’ and inserting ‘‘Sep21 tember 30, 2004’’.

22 (3) Section 406(a)(2)(B)(v) of such title is amended

23 by striking ‘‘December 31, 2001’’ and inserting ‘‘Sep24 tember 30, 2004’’.
38

•S 1155 IS

1 (4) Section 406(g)(1)(C) of such title is amended by

2 striking ‘‘December 31, 2001’’ and inserting ‘‘September

3 30, 2004’’.

4 (5) Section 503(c)(1) of the National Defense Au5 thorization Act for Fiscal Year 1991 (37 U.S.C. 406 note)

6 is amended by striking ‘‘December 31, 2001 ‘‘and insert7 ing ‘‘September 30, 2004’’.

8 (g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMU9 NITY SERVICE.—Section 4463(f) of the National Defense

10 Authorization Art for Fiscal Year 1993 (10 U.S.C. 1143a

11 note) is amended by striking ‘‘December 31, 2001’’ and

12 inserting ‘‘September 30, 2004’’.

13 (h) TRANSITIONAL HEALTH BENEFITS.—Section

14 1145 of title 10, United States Code, is amended—

15 (1) in subsection (a)(i), by striking ‘‘December

16 31, 2001’’ and inserting ‘‘September 30, 2004’’.

17 (2) in subsection (c)(1), by striking ‘‘December

18 31, 2001’’ and inserting ‘‘September 30, 2004’’.

19 (3) in subsection (e), by striking ‘‘December 31,

20 2001’’ and inserting ‘‘September 30, 2004’’.

21 (i) TRANSITIONAL COMMISSARY AND EXCHANGE

22 BENEFITS.—Section 1146 of such title is amended by

23 striking ‘‘December 31, 2001’’ both places it appears and

24 inserting ‘‘September 30, 2004’’.
39

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1 (j) TRANSITIONAL USE OF MILITARY HOUSING.—

2 Section 1147(a) of such title is amended—

3 (1) in paragraph (1), by striking ‘‘December

4 31, 2001’’ and inserting ‘‘September 30, 2004’’.

5 (2) in paragraph (2), by striking ‘‘December

6 31, 2001’’ and inserting ‘‘September 30, 2004’’.

7 (k) CONTINUED ENROLLMENT OF DEPENDENTS IN

8 DEFENSE DEPENDENTS EDUCATION SYSTEM.—Section

9 1407(c)(1) of the Defense Dependents’ Education Act of

10 1978 (20 U.S.C. 926(c)(1)) is amended by striking ‘‘De11 cember 31, 2001’’ and inserting ‘‘September 30, 2004’’.

12 (l) FORCE REDUCTION TRANSITION PERIOD DEFINI13 TION.—Section 4411 of the National Defense Authoriza14 tion Act for Fiscal Year 1993 (10 U.S.C. 12681 note) is

15 amended by striking ‘‘December 31, 2001’’ and inserting

16 ‘‘September 30, 2004’’.

17 (m) TEMPORARY SPECIAL AUTHORITY FOR FORCE

18 REDUCTION PERIOD RETIREMENTS.—Section 4416(b)(1)

19 of the National Defense Authorization Act for Fiscal Year

20 1993 (10 U.S.C. 12681 note) is amended by striking ‘‘Oc21 tober 1, 2001’’ and inserting ‘‘October 1, 2004’’.

22 (n) RETIRED PAY FOR NON-REGULAR SERVICE.—

23 (1) Section 12731(f) of title 10, United States Code, is

24 amended by striking ‘‘December 31, 2001’’ and inserting

25 ‘‘September 30, 2004’’.
40

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1 (2) Section 12731a of such title is amended—

2 (A) in subsection (a)(1)(B), by striking ‘‘the

3 end of the period described in subsection (b)’’ and

4 inserting ‘‘October 1, 2004’’.

5 (B) in subsection (b), by striking ‘‘December

6 31, 2001’’ and inserting ‘‘October 1, 2004’’.

7 (o) AFFILIATION WITH GUARD AND RESERVE

8 UNITS; WAIVER OF CERTAIN LIMITATIONS.—Section

9 1150(a) of such title is amended by striking ‘‘December

10 31, 2001’’ and inserting ‘‘’September 30, 2004’’.

11 (p) RESERVE MONTGOMERY GI BILL.—Section

12 16133(b)(1)(B) of such title is amended by striking ‘‘De13 cember 31, 2001’’ and inserting ‘‘September 30, 2004’’.

14 SEC. 506. REVIEW OF ACTIONS OF SELECTION BOARDS.

15 (a) IN GENERAL.—Chapter 79 of title 10, United

16 States Code, is amended by adding at the end the fol17 lowing:

18 ‘‘§ 1558. Exclusive remedies in cases involving selec19 tion boards

20 ‘‘(a) CORRECTION OF MILITARY RECORDS.—The

21 Secretary concerned may correct a person’s military

22 records in accordance with a recommendation made by a

23 special board. Any such correction shall be effective, retro24 actively, as of the effective date of the action taken on
41

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1 a report of a previous selection board that resulted in the

2 action corrected in the person’s military records.

3 ‘‘(b) RELIEF ASSOCIATED WITH CORRECTIONS OF

4 CERTAIN ACTIONS.—(1) The Secretary concerned shall

5 ensure that a person receives relief under paragraph (2)

6 or (3), as the person may elect, if the person—

7 ‘‘(A) was separated or retired from an armed

8 force, or transferred to the retired reserve or to inac9 tive status in a reserve component, as a result of a

10 recommendation of a selection board; and

11 ‘‘(B) becomes entitled to retention on or res12 toration to active duty or active status in a reserve

13 component as a result of a correction of the person’s

14 military records under subsection (a).

15 ‘‘(2)(A) With the consent of a person referred to in

16 paragraph (1), the person shall be retroactively and pro17 spectively restored to the same status, rights, and entitle18 ments (less appropriate offsets against back pay and al19 lowances) in the person’s armed force as the person would

20 have had if the person had not been selected to be sepa21 rated, retired, or transferred to the retired reserve or to

22 inactive status in a reserve component, as the case may

23 be, as a result of an action corrected under subsection (a).

24 An action under this subparagraph is subject to subpara25 graph (B).
42

•S 1155 IS

1 ‘‘(B) Nothing in subparagraph (A) shall be construed

2 to permit a person to be on active duty or in an active

3 status in a reserve component after the date on which the

4 person would have been separated, retired, or transferred

5 to the retired reserve or to inactive status in a reserve

6 component if the person had not been selected to be sepa7 rated, retired, or transferred to the retired reserve or to

8 inactive status in a reserve component, as the case may

9 be, in an action of a selection board that is corrected under

10 subsection (a).

11 ‘‘(3) If the person does not consent to a restoration

12 of status, rights, and entitlements under paragraph (2),

13 the person shall receive back pay and allowances (less ap14 propriate offsets) and service credit for the period begin15 ning on the date of the person’s separation, retirement,

16 or transfer to the retired reserve or to inactive status in

17 a reserve component, as the case may be, and ending on

18 the earlier of—

19 ‘‘(A) the date on which the person would have

20 been so restored under paragraph (2), as determined

21 by the Secretary concerned; or

22 ‘‘(B) the date on which the person would other23 wise have been separated, retired, or transferred to

24 the retired reserve or to inactive status in a reserve

25 component, as the case may be.
43

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1 ‘‘(c) FINALITY OF UNFAVORABLE ACTION.—If a spe2 cial board makes a recommendation not to correct the

3 military records of a person regarding action taken in the

4 case of that person on the basis of a previous report of

5 a selection board, the action previously taken on that re6 port shall be considered as final as of the date of the ac7 tion taken on that report.

8 ‘‘(d) REGULATIONS.—(1) The Secretary concerned

9 may prescribe regulations to carry out this section (other

10 than subsection (e)) with respect to the armed force or

11 armed forces under the jurisdiction of the Secretary.

12 ‘‘(2) The Secretary may prescribe in the regulations

13 the circumstances under which consideration by a special

14 board may be provided for under this section, including

15 the following:

16 ‘‘(A) The circumstances under which consider17 ation of a person’s case by a special board is contin18 gent upon application by or for that person.

19 ‘‘(B) Any time limits applicable to the filing of

20 an application for consideration.

21 ‘‘(3) Regulations prescribed by the Secretary of a

22 military department under this subsection shall be subject

23 to the approval of the Secretary of Defense.

24 ‘‘(e) JUDICIAL REVIEW.—(1) A person challenging

25 for any reason the action or recommendation of a selection
44

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1 board, or the action taken by the Secretary concerned on

2 the report of a selection board, is not entitled to relief in

3 any judicial proceeding unless the person has first been

4 considered by a special board under this section or the

5 Secretary concerned has denied such consideration.

6 ‘‘(2) A court of the United States may review a deter7 mination by the Secretary concerned under this section

8 not to convene a special board. A court may set aside such

9 determination only if it finds the determination to be arbi10 trary or capricious, not based on substantial evidence, or

11 otherwise contrary to law. If a court sets aside a deter12 mination not to convene a special board, it shall remand

13 the case to the Secretary concerned, who shall provide for

14 consideration of the person by a special board under this

15 section.

16 ‘‘(3) A court of the United States may review the rec17 ommendation of a special board convened under this sec18 tion and any action taken by the Secretary concerned on

19 the report of such special board. A court may set aside

20 such recommendation or action, as the case may be, only

21 if it finds that the recommendation or action was contrary

22 to law or involved a material error of fact or a material

23 administrative error. If a court sets aside the rec24 ommendation of a special board, it shall remand the case

25 to the Secretary concerned, who shall provide for reconsid-
45

•S 1155 IS

1 eration of the person by another special board. If a court

2 sets aside the action of the Secretary concerned on the

3 report of a special board, it shall remand the case to the

4 Secretary concerned for a new action on the report of the

5 special board.

6 ‘‘(f) EXCLUSIVITY OF REMEDIES.—Notwithstanding

7 any other provision of law, but subject to subsection (g),

8 the remedies provided under this section are the only rem9 edies available to a person for correcting an action or rec10 ommendation of a selection board regarding that person

11 or an action taken on the report of a selection board re12 garding that person.

13 ‘‘(g) EXISTING JURISDICTION.—(1) Nothing in this

14 section limits the jurisdiction of any court of the United

15 States under any provision of law to determine the validity

16 of any statute, regulation, or policy relating to selection

17 boards, except that, in the event that any such statute,

18 regulation, or policy is held invalid, the remedies pre19 scribed in this section shall be the sole and exclusive rem20 edies available to any person challenging the recommenda21 tion of a special board on the basis of the invalidity.

22 ‘‘(2) Nothing in this section limits authority to cor23 rect a military record under section 1552 of this title.

24 ‘‘(h) TIMELINESS OF ACTION.—(1) For the purposes

25 of subsection (e)—
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1 ‘‘(A) If, not later than six months after receipt

2 of a complete application for consideration by a spe3 cial board, the Secretary concerned shall have nei4 ther convened a special board nor denied consider5 ation by a special board, the Secretary shall be

6 deemed to have been denied such consideration.

7 ‘‘(B) If, not later than one year after the con8 vening of a special board, the Secretary concerned

9 shall not have taken final action on the report of

10 such board, the Secretary shall be deemed to have

11 denied relief to the person applying for consideration

12 by the board.

13 ‘‘(2) Under regulations prescribed in accordance with

14 subsection (d), the Secretary concerned may exclude an

15 individual application from the time limits prescribed in

16 this subsection if the Secretary determines that the appli17 cation warrants a longer period of consideration. The au18 thority of the Secretary of a military department under

19 this paragraph may not be delegated.

20 ‘‘(i) INAPPLICABILITY TO COAST GUARD.—This sec21 tion does not apply to the Coast Guard when it is not

22 operating as a service in the Navy.

23 ‘‘(j) DEFINITIONS.—In this section:

24 ‘‘(1) The term ‘special board’—
47

•S 1155 IS

1 ‘‘(A) means a board that the Secretary

2 concerned convenes under any authority to con3 sider whether to recommend a person for ap4 pointment, enlistment, reenlistment, assign5 ment, promotion, retention, separation, retire6 ment, or transfer to inactive status in a reserve

7 component instead of referring the records of

8 that person for consideration by a previously

9 convened selection board which considered or

10 should have considered that person;

11 ‘‘(B) includes a board for the correction of

12 military or naval records convened under sec13 tion 1552 of this title, if designated as a special

14 board by the Secretary concerned; and

15 ‘‘(C) does not include a promotion special

16 selection board convened under section 628 or

17 14502 of this title.

18 ‘‘(2) The term ‘selection board’—

19 ‘‘(A) means a selection board convened

20 under section 573(c), 580, 580a, 581, 611(b),

21 637, 638, 638a, 14101(b), 14701, 14704, or

22 14705 of this title, and any other board con23 vened by the Secretary concerned under any au24 thority to recommend persons for appointment,

25 enlistment, reenlistment, assignment, pro-
48

•S 1155 IS

1 motion, or retention in the armed forces or for

2 separation, retirement, or transfer to inactive

3 status in a reserve component for the purpose

4 of reducing the number of persons serving in

5 the armed forces; and

6 ‘‘(B) does not include—

7 ‘‘(i) a promotion board convened

8 under section 573(a), 611(a), or 14101(a)

9 of this title;

10 ‘‘(ii) a special board;

11 ‘‘(iii) a special selection board con12 vened under section 628 of this title; or

13 ‘‘(iv) a board for the correction of

14 military records convened under section

15 1552 of this title.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of such chapter 79 is amended by adding

18 at the end the following:

‘‘1558. Exclusive remedies in cases involving selection boards.’’.

19 (c) SPECIAL SELECTION BOARDS.—Section 628 of

20 such title is amended—

21 (1) by redesignating subsection (g) as sub22 section (j); and

23 (2) by inserting after subsection (f) the fol24 lowing new subsections:
49

•S 1155 IS

1 ‘‘(g) LIMITATIONS OF OTHER JURISDICTION.—No

2 official or court of the United States may—

3 ‘‘(1) consider any claim based to any extent on

4 the failure of an officer or former officer of the

5 armed forces to be selected for promotion by a pro6 motion board until—

7 ‘‘(A) the claim has been referred by the

8 Secretary concerned to a special selection board

9 convened under this section and acted upon by

10 that board and the report of the board has been

11 approved by the President; or

12 ‘‘(B) the claim has been rejected by the

13 Secretary concerned without consideration by a

14 special selection board; or

15 ‘‘(2) except as provided in subsection (h), grant

16 any relief on such a claim unless the officer or

17 former officer has been selected for promotion by a

18 special selection board convened under this section

19 to consider the officer’s claim and the report of the

20 board has been approved by the President.

21 ‘‘(h) JUDICIAL REVIEW.—(1) A court of the United

22 States may review a determination by the Secretary con23 cerned under subsection (a)(1) or (b)(1) not to convene

24 a special selection board. If a court finds the determina25 tion to be arbitrary or capricious, not based on substantial
50

•S 1155 IS

1 evidence, or otherwise contrary to law, it shall remand the

2 case to the Secretary concerned, who shall provide for con3 sideration of the officer or former officer by a special selec4 tion board under this section.

5 ‘‘(2) A court of the United States may review the ac6 tion of a special selection board convened under this sec7 tion on a claim of an officer or former officer and any

8 action taken by the President on the report of the board.

9 If a court finds that the action was contrary to law or

10 involved a material error of fact or a material administra11 tive error, it shall remand the case to the Secretary con12 cerned, who shall provide for reconsideration of the officer

13 or former officer by another special selection board.

14 ‘‘(i) EXISTING JURISDICTION.—(1) Nothing in this

15 section limits the jurisdiction of any court of the United

16 States under any provision of law to determine the validity

17 of any statute, regulation, or policy relating to selection

18 boards, except that, in the event that any such statute,

19 regulation, or policy is held invalid, the remedies pre20 scribed in this section shall be the sole and exclusive rem21 edies available to any person challenging the recommenda22 tion of a selection board on the basis of the invalidity.

23 ‘‘(2) Nothing in this section limits the authority of

24 the Secretary of a military department to correct a mili25 tary record under section 1552 of this title.’’.
51

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1 (c) EFFECTIVE DATE AND APPLICABILITY.—(1) The

2 amendments made by this section shall take effect on the

3 date of the enactment of this Act and, except as provided

4 in paragraph (2), shall apply with respect to any pro5 ceeding pending on or after that date without regard to

6 whether a challenge to an action of a selection board of

7 any of the Armed Forces being considered in such pro8 ceeding was initiated before, on, or after that date.

9 (2) The amendments made by this section shall not

10 apply with respect to any action commenced in a court

11 of the United States before the date of the enactment of

12 this Act.

13 Subtitle B—Reserve Component

14 Personnel Policy

Sec. 511. Retirement of Reserve Personnel.

Sec. 512. Amendment to Reserve PERSTEMPO Definition.

Sec. 513. Individual Ready Reserve Physical Examination Requirement.

Sec. 514. Benefits and Protections for Members in a Funeral Honors Duty

Status.

Sec. 515. Funeral Honors Duty Performed by Members of the National Guard.

Sec. 516. Strength and Grade Ceiling Accounting for Reserve Component Members on Active Duty in Support of a Contingency Operation.

Sec. 517. Reserve Health Professionals Stipend Program Expansion.

Sec. 518. Reserve Officers on Active Duty for a Period of Three Years or Less.

Sec. 519. Active Duty End Strength Exemption for National Guard and Reserve Personnel Performing Funeral Honors Functions.

Sec. 520. Clarification of Functions That May Be Assigned to Active Guard

and Reserve Personnel on Full-Time National Guard Duty.

Sec. 521. Authority for Temporary Waiver of the Requirement for a Baccalaureate Degree for Promotion of Certain Reserve Officers of

the Army.

Sec. 522. Authority of the President to Suspend Certain Laws Relating to Promotion, Retirement and Separation; Duties.
52

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1 SEC. 511. RETIREMENT OF RESERVE PERSONNEL.

2 (a) RETIRED RESERVE.—Section 10154(2) of title

3 10, United States Code, is amended by striking ‘‘upon

4 their request’’.

5 (b) RETIREMENT FOR FAILURE OF SELECTION OF

6 PROMOTION.—(1) Section 14513 of such title 10 is

7 amended—

8 (A) in the heading, by inserting ‘‘or retirement’’

9 after ‘‘Separation’’; and

10 (B) in paragraph (2), by striking ‘‘and applies’’

11 and inserting ‘‘unless the officer requests not to be

12 transferred to the Retired Reserve’’ before the semi13 colon.

14 (2) The table of sections at the beginning of chapter

15 1407 of such title 10 is amended by striking the item re16 lating to section 14513 and inserting the following new

17 item:

‘‘14513. Separation or retirement for failure of selection for promotion.’’.

18 (c) RETIREMENT FOR YEARS OF SERVICE OR AFTER

19 SELECTION FOR EARLY REMOVAL.—Section 14514 of

20 such title 10 is amended—

21 (1) in paragraph (1), by striking ‘‘and applies’’

22 and inserting ‘‘ unless the officer requests not to be

23 transferred to the Retired Reserve’’ before the semi24 colon; and
53

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1 (2) in paragraph (2), by striking ‘‘does not

2 apply for such transfer’’ and inserting ‘‘has re3 quested not to be transferred to the Retired Re4 serve’’ after ‘‘is not qualified or’’.

5 (d) RETIREMENT FOR AGE.—Section 14515 of such

6 title 10 is amended—

7 (1) in paragraph (1), by striking ‘‘and applies’’

8 and inserting ‘‘unless the officer requests not to be

9 transferred to the Retired Reserve’’ before the semi10 colon; and

11 (2) in paragraph (2), by striking ‘‘does not

12 apply for transfer’’ and inserting ‘‘has requested not

13 to be transferred’’ following ‘‘is riot qualified or’’.

14 (e) DISCHARGE OR RETIREMENT OF WARRANT OFFI15 CERS FOR YEARS OF SERVICE OR AGE.—(1) Chapter

16 1207 of such title 10 is amended by adding at the end

17 the following new section:

18 ‘‘12244. Warrant officers: discharge or retirement for

19 years of service or for age

20 ‘‘Each reserve warrant officer of the Army, Navy, Air

21 Force, or Marine Corps who is in an active status and

22 has reached the maximum years of service or age pre23 scribed by the Secretary concerned shall—

24 ‘‘(1) be transferred to the Retired Reserve, if

25 the warrant officer is so qualified for such transfer,
54

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1 unless the warrant officer requests not to be trans2 ferred to the Retired Reserve; or

3 ‘‘(2) if the warrant officer is not qualified for

4 such transfer or requests not to be 42 transferred to

5 the Retired Reserve, be discharged.’’.

6 (2) The table of sections at the beginning of such

7 chapter 1207 of title 10 is amended by adding at the end

8 the following new item:

‘‘12244. Warrant officers: discharge or retirement for years of service or for

age.’’.

9 (f) DISCHARGE, OR RETIREMENT OF ENLISTED

10 MEMBERS FOR YEARS OF SERVICE OR AGE.—(1) Chapter

11 1203 of such title 10 is amended by addinc, at the end

12 the following new section:

13 ‘‘12108. Enlisted members: discharge or retirement

14 for years of service or for age

15 ‘‘Each reserve enlisted member of the Army, Navy,

16 Air Force, or Marine Corps who is in an active status and

17 has reached the maximum years of service or age pre18 scribed by the Secretarv concerned shall—

19 ‘‘(1) be transferred to the Retired Reserve, if

20 the member is so qualified for such transfer, unless

21 the member requests not to be transferred to the

22 Retired Reserve; or
55

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1 ‘‘(2) if the member is not qualified for such

2 transfer or requests not to be transferred to the Re3 tired Reserve, be discharged.’’.

4 (2) The table of sections at the beginning of such

5 chapter is amended by adding at the end the following

6 new item:

‘‘12108. Enlisted members: discharge or retirement for years of service or for

age.’’.

7 SEC. 512. AMENDMENT TO RESERVE PERSTEMPO DEFINI8 TION.

9 Section 991(b) of title 10, United States Code, is

10 amended—

11 (1) in paragraph (1), by inserting ‘‘active’’ be12 fore ‘‘service’’ and adding at the end the following

13 new sentence: ‘‘For the purpose of this definition,

14 the housing in which a member of a reserve compo15 nent resides is either the housing the member nor16 mally occupies when on garrison duty or the mem17 ber’s permanent civilian residence.’’;

18 (2) by striking paragraph (2);

19 (3) by redesignating paragraphs (3) and (4) as

20 paragraphs (2) and (3) respectively; and

21 (4) in paragraph (3) (as redesignated), by strik22 ing ‘‘in paragraphs (1) and (2).’’ and inserting ‘‘in

23 paragraph (1).’’.
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1 SEC. 513. INDIVIDUAL READY RESERVE PHYSICAL EXAM2 INATION REQUIREMENT.

3 Section 10206 of title 10, United States Code, is

4 amended—

5 (1) in subsection (a), by striking ‘‘Ready Re6 serve’’ and inserting ‘‘Selected Reserve’’;

7 (2) by redesignating subsection (b) as sub8 section (c); and

9 (3) by inserting after subsection (a) the fol10 lowing new subsection:

11 ‘‘(b) As determined by the Secretary concerned, each

12 member of the Individual Ready Reserve or Inactive Na13 tional Guard shall be provided a physical examination, if

14 required—

15 ‘‘(1) to determine the member’s fitness for mili16 tary duty; or

17 ‘‘(2) for promotion, attendance at a military

18 school or other career progression requirements.’’.

19 SEC. 514. BENEFITS AND PROTECTIONS FOR MEMBERS IN A

20 FUNERAL HONORS DUTY STATUS.

21 (a) PERSONS SUBJECT TO THE UNIFORMED CODE

22 OF MILITARY JUSTICE.—Section 802 of title 10, United

23 States Code, is amended—

24 (1) in subsection (a)(3), by inserting ‘‘or in a

25 funeral honors duty status’’ after ‘‘on inactive-duty

26 training’’; and
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1 (2) in subsection (d)(2)(B), by inserting ‘‘or in

2 a funeral honors duty status’’ after ‘‘on inactive3 duty training’’.

4 (b) BENEFITS FOR DEPENDENTS OF A DECEASED

5 RESERVE COMPONENT MEMBER.—Section 1061 of such

6 title 10 is amended—

7 (1) in subsection (b)(1), by striking ‘‘or’’ the

8 first time it appears and inserting ‘‘, or funeral hon9 ors duty’’ before the semicolon; and

10 (2) in subsection (b)(2), by striking ‘‘or’’ the

11 first time it appears and inserting ‘‘, or funeral hon12 ors duty’’ before the period.

13 (c) PAYMENT OF A DEATH GRATUITY.—(1) Section

14 1475(a) of such title 10 is amended—

15 (A) by redesignating paragraphs (3), (4) and

16 (5) as paragraphs (4), (5) and (6), respectively;

17 (B) by inserting after paragraph (2) the fol18 lowing new paragraph:

19 ‘‘(3) a Reserve of an armed force who dies

20 while performing funeral honors duty;’’; and

21 (C) in paragraph (4) (as redesignated in sub22 section (c)(1)) by—

23 (i) striking ‘‘or’’ both time it appears;

24 (ii) inserting ‘‘or funeral honors duty’’

25 after ‘‘Public Health Service),’’;
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1 (iii) inserting a comma before and after

2 ‘‘inactive duty training’’ the second time it ap3 pears in the sentence; and

4 (iv) inserting ‘‘or funeral honors duty’’ be5 fore the semicolon.

6 (2) Section 1476(a) of such title 10 is amended—

7 (A) in paragraph (1)(A), by striking ‘‘or’’;

8 (B) in paragraph (1)(B), by striking the period

9 and inserting ‘‘; or’’;

10 (C) by adding at the end of paragraph (1) the

11 following new subparagraph:

12 ‘‘(C) funeral honors duty.’’; and

13 (D) in paragraph (2)(A), by striking ‘‘or’’ the

14 first time it appears and inserting ‘‘, or funeral hon15 ors duty’’ after ‘‘inactive-duty training’’.

16 (d) MILITARY AUTHORITY FOR MEMBERS OF THE

17 COAST GUARD RESERVE.—Section 704 of title 14, United

18 States Code, is amended by—

19 (1) striking ‘‘or’’ the first time it appears in the

20 second sentence; and

21 (2) inserting ‘‘, or funeral honors duty’’ after

22 ‘‘inactive-duty training’’.

23 (e) BENEFITS FOR MEMBERS OF THE COAST GUARD

24 RESERVE.—Section 705(a) of such title 14 is amended by
59

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1 inserting ‘‘on funeral honors duty,’’ after ‘‘on inactive2 duty training,’’.

3 (f) DEFINITIONS.—Section 101 of title 38, United

4 States Code, is amended—(1) in paragraph (24), by strik5 ing ‘‘and’’ following ‘‘aggravated in the line of duty,’’ and

6 inserting ‘‘, and any period of funeral honors duty during

7 which the individual concerned was disabled or died from

8 an injury incurred or aggravated in line of duty’’ before

9 the period; and

10 (2) by adding at the end the following new paragraph:

11 ‘‘(34) The term ‘‘Funeral Honors Duty’’

12 means—

13 ‘‘(A) duty prescribed for Reserves by the

14 Secretary concerned under section 12503 of

15 title 10 to prepare for or perform funeral hon16 ors functions at the funeral of a veteran;

17 ‘‘(B) in the case of members of the Army

18 National Guard or Air National Guard of any

19 State, duty under section 115 of title 32 to pre20 pare for or perform funeral honors functions at

21 the funeral of a veteran; and

22 ‘‘(C) Authorized travel to and from such

23 duty.’’.
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1 SEC. 515. FUNERAL HONORS DUTY PERFORMED BY MEM2 BERS OF THE NATIONAL GUARD.

3 Section 1491 (b) of title 10, United States Code, is

4 amended by inserting after paragraph (2) the following

5 new paragraph:

6 ‘‘(3) A member of the Army National Guard of the

7 United States or Air National Guard of the United States

8 who serves as a member of a funeral honors detail while

9 serving in a duty status authorized under state law shall

10 be considered to be a member of the armed forces for the

11 purpose of fulfilling the two member funeral honors detail

12 requirement in paragraph (2).’’.

13 SEC. 516. STRENGTH AND GRADE CEILING ACCOUNTING

14 FOR RESERVE COMPONENT MEMBERS ON AC15 TIVE DUTY IN SUPPORT OF A CONTINGENCY

16 OPERATION.

17 (a) ACTIVE DUTY STRENGTH ACCOUNTING—Section

18 11 5(c) of title 10, United States Code is amended—

19 (1) in subparagraph (1), by striking ‘‘and’’ at

20 the end of the subparagraph;

21 (2) in subparagraph (2), by striking the period

22 and adding ‘‘; and’’ at the end of the subparagraph;

23 and

24 (3) by adding the following new subparagraph:

25 ‘‘(3) increase the end strength authorized pur26 suant to subsection (a)(1)(A) for a fiscal year for
61

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1 any of the armed forces by a number equal to the

2 number of members of the reserve components on

3 active duty under section 12301(d) of this title in

4 support of a contingency operation as defined in sec5 tion 101(a)(13) of this title.’’.

6 (b) INCREASE IN AUTHORIZED DAILY AVERAGE FOR

7 MEMBERS IN PAY GRADES E–8 AND E–9 ON ACTIVE

8 DUTY UNDER CERTAIN CIRCUMSTANCES.—Section 517

9 of such title 10 is amended at the end by adding the fol10 lowing new paragraph:

11 ‘‘(d) The Secretary of Defense may increase the au12 thorized daily average number of enlisted members on ac13 tive duty in an armed force in pay grades E–8 and E–

14 9 in a fiscal year pursuant to subsection (a) by the number

15 of enlisted members of a reserve component in that armed

16 force in the pay grades of E–8 and E–9 on active duty

17 under section 12301(d) of this title in support of a contin18 gency operation as defined in section 101(a)(13) of this

19 title,’’.

20 (c) INCREASE IN AUTHORIZED STRENGTHS FOR

21 COMMISSIONED OFFICERS IN PAY GRADES O–4, O–5 AND

22 O–6 ON ACTIVE DUTY UNDER CERTAIN CIR23 CUMSTANCES.—Section 523 of such title 10 is amended—
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1 (1) in paragraphs (a)(1) and (a)(2), by striking

2 ‘‘subsection (c)’’ and inserting ‘‘subsections (c) and

3 (e)’’; and

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(e) The Secretary of Defense may increase the au7 thorized total number of commissioned officers serving on

8 active duty at the end of any fiscal year pursuant to sub9 section (a) by the number of commissioned officers of a

10 reserve component of the Army, Navy, Air Force, or Ma11 rine Corps on active duty under section 12301(d) of this

12 title in support of a contingency operation as defined in

13 section 101(a)(13) of this title.’’.

14 (d) INCREASE, IN AUTHORIZED STRENGTHS FOR

15 GENERAL AND FLAG OFFICERS ON ACTIVE DUTY UNDER

16 CERTAIN CIRCUMSTANCES.—Section 526(a) of such title

17 10 is amended by—

18 (1) striking ‘‘the’’ the first time it appears;

19 (2) inserting ‘‘(1) Except as provided in para20 graph (2), the’’ following ‘‘Limitations.—’’;

21 (3) redesignating paragraphs (1), (2), (3) and

22 (4) as subparagraphs (A), (B), (C) and (D), respec23 tively; and
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1 (4) inserting after subparagraph (D) (as redes2 ignated by section (d)(3)) the following new para3 graph:

4 ‘‘(2) The Secretary of Defense may increase the

5 number of general and flag officers on active duty

6 pursuant to paragraph (1) by the number of reserve

7 component general and flag officers on active duty

8 under section 12301(d) of this title in support of a

9 contingency operation as defined in section

10 101(a)(13) of this title.’’.

11 SEC. 517. RESERVE HEALTH PROFESSIONALS STIPEND

12 PROGRAM EXPANSION.

13 (a) PURPOSE OF PROGRAM.—Section 16201(a) of

14 title 10, United States Code, is amended to read as fol15 lows:

16 ‘‘(a) ESTABLISHMENT OF PROGRAM.—For the pur17 poses of obtaining adequate numbers of commissioned offi18 cers in the reserve components who are qualified in health

19 professions, the Secretary of each military department

20 may establish and maintain a program to provide financial

21 assistance under this chapter to persons engaged in train22 ing that leads to a degree in medicine or dentistry, and

23 to a health professions specialty critically needed in war24 time. Under such a program, the Secretary concerned may

25 agree to pay a financial stipend to persons engaged in
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1 health care education and training in return for a commit2 ment to subsequent service in the Ready Reserve.’’.

3 (b) MEDICAL AND DENTAL STUDENT STIPEND.—

4 Section 16201 of such title 10 is amended by—

5 (1) redesignating subsections (b), (c), (d) and

6 (e) as subsections (c), (d), (e) and (f);

7 (2) inserting the following new subsection:

8 ‘‘(b) MEDICAL AND DENTAL SCHOOL STUDENTS.—

9 (1) Under the stipend program under this chapter, the

10 Secretary of the military department concerned may enter

11 into an agreement with a person who—

12 ‘‘(A) is eligible to be appointed as an officer in

13 a Reserve component;

14 ‘‘(B) is enrolled or has been accepted for enroll15 ment in an institution in a course of study that re16 sults in a degree in medicine or dentistry;

17 ‘‘(C) signs an agreement that, unless sooner

18 separated, the person will—

19 ‘‘(i) complete the educational phase of the

20 program;

21 ‘‘(ii) accept a reappointment or redesigna22 tion within his reserve component, if tendered,

23 based upon his health profession, following sat24 isfactory completion of the educational and in25 tern programs; and
65

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1 ‘‘(iii) participate in a residency program;

2 and

3 ‘‘(D) if required by regulations prescribed by

4 the Secretary of Defense, agrees to apply for, if eli5 gible, and accept, if offered, residency training in a

6 health profession skill which has been designated by

7 the Secretary of Defense as a critically needed war8 time skill.

9 ‘‘(2) Under the agreement—

10 ‘‘(A) the Secretary of the military department

11 concerned shall agree to pay the participant a sti12 pend, in the amount determined under subsection

13 (f), for the period or the remainder of the period the

14 student is satisfactorily progressing toward a degree

15 in medicine or dentistry while enrolled in an accred16 ited medical or dental school;

17 ‘‘(B) the participant shall not be eligible to re18 ceive such stipend before appointment, designation,

19 or assignment as an officer for service in the Ready

20 Reserve;

21 ‘‘(C) the participant shall be subject to such ac22 tive duty requirements as may be specified in the

23 agreement and to active duty in time of war or na24 tional emergency as provided by law for members of

25 the Ready Reserve; and
66

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1 ‘‘(D) the participant shall agree to serve, upon

2 successful completion of the program, one year in

3 the Selected Reserve for each six months, or part

4 thereof, for which the stipend is provided. In the

5 case of a participant who enters into a subsequent

6 agreement under subsection (c) and successfully

7 completes residency training in a specialty des8 ignated by the Secretary of Defense as a specialty

9 critically needed by the military department in war10 time, the requirement to serve in the Selected Re11 serve may be reduced to one year for each year, or

12 part thereof, for which the stipend was provided

13 while enrolled in medical or dental school.’’.

14 (c) WARTIME CRITICAL SKILLS.—Section 16201(c),

15 (as redesignated by section (b)), is 51 amended—

16 (1) by inserting ‘‘WARTIME’’ following

17 ‘‘CRITICAL’’ in the heading; and

18 (2) in paragraph (1)(B) by inserting ‘‘or has

19 been appointed as a medical or dental officer in the

20 Reserve of the armed force concerned’’ before the

21 semicolon at the end of the paragraph.

22 (d) SERVICE OBLIGATION REQUIREMENT.—Subpara23 graph (2)(D) of subsection (c), (as redesignated by section

24 (b)), and subparagraph (2)(D) of subsection (d), (as re25 designated by section (b)), are amended by striking ‘‘two
67

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1 years in the Ready Reserve for each year,’’ and inserting

2 ‘‘one year in the Ready Reserve for each six months,’’.

3 (e) CLERICAL AMENDMENTS.—Subparagraphs

4 (2)(A) of subsection (c), (as redesignated by section (b)),

5 and subparagraph (2)(A) of subsection (d), (as redesig6 nated by section (b)), are amended by striking ‘‘subsection

7 (e)’’ and inserting ‘‘subsection (f)’’.

8 SEC. 518. RESERVE OFFICERS ON ACTIVE DUTY FOR A PE9 RIOD OF THREE YEARS OR LESS.

10 (a) CLARIFICATION OF EXEMPTION.—Section

11 641(1)(D) of title 10, United States Code, is amended to

12 read as follows:

13 ‘‘(D) on active duty under section 12301(d) of

14 this title, other than as provided under subpara15 graph (C), provided the call or order to active duty,

16 as prescribed in regulations of the Secretary con17 cerned, specifies a period of three years or less and

18 continued placement on the reserve active-status

19 list;’’.

20 (b) RETROACTIVE APPLICATION.—(1) Officers who

21 were placed on the reserve active status list under section

22 641(1)(D), as amended by section 521 of the Floyd D.

23 Spence National Defense Authorization Act for Fiscal

24 Year 2001 (Public Law 106–398; 114 Stat. 1654A–108),

25 may be considered, as determined by the Secretary con-
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•S 1155 IS

1 cerned, to have been on the active-duty list during the pe2 riod beginning on the date of enactment of Public Law

3 106–398 through the date of enactment of this Act.

4 ‘‘(2) Officers who were placed on the active duty list

5 on or after October 30, 1997, may, at the discretion of

6 the Secretary concerned, be placed on the reserve active7 status list upon enactment of this Act, provided they oth8 erwise meet the conditions specified in section 641(1)(D)

9 as amended by this Act.

10 SEC. 519. ACTIVE DUTY END STRENGTH EXEMPTION FOR

11 NATIONAL GUARD AND RESERVE PER12 SONNEL PERFORMING FUNERAL HONORS

13 FUNCTIONS.

14 Section 115(d) of title 10, United States Code, is

15 amended by adding at the end the following new para16 graphs:

17 ‘‘(10) Members of reserve components on active duty

18 to prepare for and to perform funeral honors functions

19 for funerals of veterans in accordance with section 1491

20 of this title.

21 ‘‘(11) Members on full-time National Guard duty to

22 prepare for and to perform funeral honors functions for

23 funerals of veterans in accordance with section 1491 of

24 this title.’’.
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1 SEC. 520. CLARIFICATION OF FUNCTIONS THAT MAY BE AS2 SIGNED TO ACTIVE GUARD AND RESERVE

3 PERSONNEL ON FULL-TIME NATIONAL

4 GUARD DUTY.

5 Section 12310(b) of title 10, United States Code, is

6 amended by inserting ‘‘, or a Reserve who is a member

7 of the National Guard serving on full-time National Guard

8 duty under section 502(f) of title 32 in connection with

9 functions referred to in subsection (a),’’ after ‘‘on active

10 duty as described in subsection (a)’’.

11 SEC. 521. AUTHORITY FOR TEMPORARY WAIVER OF THE

12 REQUIREMENT FOR A BACCALAUREATE DE13 GREE FOR PROMOTION OF CERTAIN RE14 SERVE OFFICERS OF THE ARMY.

15 Section 516 of the Strom Thurmond National De16 fense Authorization Act for Fiscal Year 1999 (Public Law

17 105–261; 112 Stat. 1920, 2008) is amended—

18 (1) in subsection (a), by striking ‘‘(a) WAIVER

19 AUTHORITY FOR ARMY OCS GRADUATES.—’’ and

20 ‘‘before the date of the enactment of this Act’’; and

21 (2) in subsection (b), by striking ‘‘2000’’ and

22 inserting ‘‘2003’’.
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1 SEC. 522. AUTHORITY OF THE PRESIDENT TO SUSPEND

2 CERTAIN LAWS RELATING TO PROMOTION,

3 RETIREMENT AND SEPARATION; DUTIES.

4 Section 12305 of title 10, United States Code, is

5 amended by adding at the end the following new sub6 section (c):

7 ‘‘(c) Active duty members whose mandatory separa8 tions or retirements incident to section 1251 or sections

9 632–637 of this title are delayed pursuant to invocation

10 of this section, will be afforded up to 90 days following

11 termination of the suspension before being separated of

12 retired.’’.

13 Subtitle C—Education and

14 Training

Sec. 531. Authority for the Marine Corps University to Award the Degree of

Master of Strategic Studies.

Sec. 532. Reserve Component Distributed Learning.

Sec. 533. Repeal of Limitation on Number of Junior Reserve Officers’ Training

Corps (JROTC) Units.

Sec. 534. Modification of the Nurse Officer Candidate Accession Program Restriction on Students Attending Civilian Educational Institutions with Senior Reserve Officers’ Training Programs.

Sec. 535. Defense Language Institute Foreign Language Center.

15 SEC. 531. AUTHORITY FOR THE MARINE CORPS UNIVER16 SITY TO AWARD THE DEGREE OF MASTER OF

17 STRATEGIC STUDIES.

18 (a) AUTHORITY TO CONFER DEGREE.—Upon the

19 recommendation of the Director and faculty of the Marine

20 Corps War College of the Marine Corps University, the

21 President of the Marine Corps University may confer the
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1 degree of master of strategic studies upon graduates of

2 the college who fulfill the requirements for the degree.

3 (b) REGULATION.—The Secretary of the Navy shall

4 promulgate regulations under which the Director of the

5 faculty of the Marine Corps War College of the Marine

6 Corps University shall administer the authority in sub7 section (a).

8 (e) EFFECTIVE DATE.—The authority to award de9 grees provided by subsection (a) shall become effective on

10 the date on which the Secretary of Education determines

11 that the requirements established by the Marine Corps

12 War College of the Marine Corps University for the degree

13 of master of strategic studies are in accordance with gen14 erally applicable requirements for a degree of master of

15 arts.

16 SEC. 532. RESERVE COMPONENT DISTRIBUTED LEARNING.

17 (a) COMPENSATION FOR DISTRIBUTED LEARNING.—

18 Section 206(d) of title 37, United States Code, is amended

19 to read as follows:

20 ‘‘(d) A member of a Reserve Component may be paid

21 compensation under this section for the successful comple22 tion of courses of instruction undertaken by electronic,

23 paper-based, or other distributed learning. Distributed

24 Leaming is structured leaming that takes place without

25 55 requiring the physical presence of an instructor. To
72

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1 be compensable, the instruction must be required by law,

2 Department of Defense policy, or service regulation and

3 may be accomplished either independently or as part of

4 a group.’’.

5 (b) DEFINITION OF INACTIVE-DUTY TRAINING.—

6 Section 101(22) of title 37, United States Code, is amend7 ed by striking ‘‘, but does not include work or study in

8 connection with a correspondence course of a uniformed

9 service’’.

10 SEC. 533. REPEAL OF LIMITATION ON NUMBER OF JUNIOR

11 RESERVE OFFICERS’ TRAINING CORPS

12 (JROTC) UNITS.

13 Section 2031(a)(1) of title 10, United States Code,

14 is amended by striking the second sentence.

15 SEC. 534. MODIFICATION OF THE NURSE OFFICER CAN16 DIDATE ACCESSION PROGRAM RESTRICTION

17 ON STUDENTS ATTENDING CIVILIAN EDU18 CATIONAL INSTITUTIONS WITH SENIOR RE19 SERVE OFFICERS’ TRAINING PROGRAMS.

20 Section 2130a of title 10, United States Code, is

21 amended—

22 (1) in paragraph (a)(2), by striking ‘‘that does

23 not have a Senior Reserve Officers’’ Training Pro24 gram established under section 2102 of this title;’’

25 and
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1 (2) in paragraph (b)(1), by adding at the end

2 ‘‘or that has a Senior Reserve Officers’’ Training

3 Program for which the student is ineligible.’’.

4 SEC. 535. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN5 GUAGE CENTER.

6 (a) Subject to subsection (b), the Commandant of the

7 Defense Language Institute Foreign Language Center

8 (Institute) may confer an Associate of Arts degree in For9 eign Language upon graduates of the Institute who fulfill

10 the requirements for the degree.

11 (b) No degree may be conferred upon any student

12 under this section unless the Provost certifies to the Com13 mandant of the Institute that the student has satisfied

14 all the requirements prescribed for such degree.

15 (c) The authority provided by subsection (a) shall be

16 exercised under regulations prescribed by the Secretary of

17 Defense.

18 Subtitle D—Decorations, Awards,

19 and Commendations

Sec. 541. Authority for Award of the Medal of Honor to Humbert R. Versace

for Valor During the Vietnam War.

Sec. 542. Issuance of Duplicate Medal of Honor.

Sec. 543. Repeal of Limitation on Award of Bronze Star to Members in Receipt

of Special Pay.
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1 SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF

2 HONOR TO HUMBERT R. VERSACE FOR

3 VALOR DURING THE VIETNAM WAR.

4 (a) WAIVER OF TIME LIMITATIONS.—Notwith5 standing the time limitations specified in section 3744 of

6 title 10, United States Code, or any other time limitation

7 with respect to the awarding of certain medals to persons

8 who served in the military service, the President may

9 award the Medal of Honor under section 3741 of that title

10 to Humbert R. Versace for the acts of valor referred to

11 in subsection (b).

12 (b) ACTION DESCRIBED.—The acts of valor referred

13 to in subsection (a) are the actions of Humbert R. Versace

14 between October 29, 1963, and September 26, 1965, while

15 interned as a prisoner of war by the Vietnamese Com16 munist National Liberation Front (Viet Cong) in the Re17 public of Vietnam.

18 SEC. 542. ISSUANCE OF DUPLICATE MEDAL OF HONOR.

19 (a) Section 3747 of title 10, United States

20 Code, is amended—

21 (1) in the section heading, by adding at the end

22 ‘‘; issuance of duplicate medal of honor’’;

23 (2) by striking ‘‘Any medal of honor’’ and in24 serting ‘‘(a) REPLACEMENT OF MEDALS.—Any

25 medal of honor’’;
75

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1 (3) by inserting ‘‘stolen,’’ before ‘‘lost or de2 stroyed,’’; and

3 (4) by adding at the end the following new sub4 section:

5 ‘‘(b) ISSUANCE OF DUPLICATE MEDAL OF HONOR.—

6 Upon written application by a person to whom a medal

7 of honor has been awarded under this chapter, the Sec8 retary of the Army may issue such person, without charge,

9 one duplicate medal of honor, with ribbons and appur10 tenances. Such duplicate shall be marked, in a manner the

11 Secretary may determine, as a duplicate or for display

12 purposes only. The issuance of a duplicate medal of honor

13 under the authority of this subsection shall not constitute

14 the award of more than one medal of honor within the

15 meaning of section 3744(a) of this title.’’.

16 (b) Section 6253 of such title is amended—

17 (1) in the section heading, by adding at the end

18 ‘‘; issuance of duplicate medal of honor’’;

19 (2) by striking ‘‘The Secretary of the Navy may

20 replace’’ and inserting ‘‘(a) REPLACEMENT OF MED21 ALS.—The Secretary of the Navy may replace’’;

22 (3) by inserting ‘‘stolen,’’ before ‘‘lost or de23 stroyed’’; and

24 (4) by adding at the end the following new sub25 section:
76

•S 1155 IS

1 ‘‘(b) ISSUANCE OF DUPLICATE MEDAL OF HONOR.—

2 Upon written application by a person to whom a medal

3 of honor has been awarded under this chapter, the Sec4 retary of the Navy may issue such person, without charge,

5 one duplicate medal of honor, with ribbons and appur6 tenances. Such duplicate shall be marked, in a manner the

7 Secretary may determine, as a duplicate or for display

8 purposes only. The issuance of a duplicate medal of honor

9 under the authority of this subsection shall not constitute

10 the award of more than one medal of honor within the

11 meaning of section 6247 of this title.’’.

12 (c) Section 8747 of such title is amended—

13 (1) in the section heading, by adding at the end

14 ‘‘; issuance of duplicate medal of honor’’;

15 (2) by striking ‘‘Any medal of honor’’ and in16 serting ‘‘(a) REPLACEMENT OF MEDALS.—Any

17 medal of honor’’;

18 (3) by inserting ‘‘stolen,’’ before ‘‘lost or de19 stroyed,’’; and

20 (4) by adding at the end the following new sub21 section:

22 ‘‘(b) ISSUANCE OF DUPLICATE MEDAL OF HONOR.—

23 Upon written application by a person to whom a medal

24 of honor has been awarded under this chapter, the Sec25 retary of the Air Force may issue such person, without
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1 charge, one duplicate medal of honor, with ribbons and

2 appurtenances. Such duplicate shall be marked, in a man3 ner the Secretary may determine, as a duplicate or for

4 display purposes only. The issuance of a duplicate medal

5 of honor under the authority of this subsection shall not

6 constitute the award of more than one medal of honor

7 within the meaning of section 8744(a) of this title.’’.

8 (d) CLERICAL AMENDMENTS.—(1) The item relating

9 to section 3747 of such title in the table of sections at

10 the beginning of chapter 357 of such title is amended to

11 read as follows:

‘‘3747. Medal of honor; distinguished-service cross; distinguished-service medal;

silver star: replacement; issuance of duplicate medal of honor.’’;

12 (2) The item relating to section 6253 of such title

13 in the table of sections at the beginning of chapter 567

14 of such title is amended to read as follows:

‘‘6253. Replacement; issuance of duplicate medal of honor.’’; and

15 (3) The item relating to section 8747 of such title

16 in the table of sections at the beginning of chapter 857

17 of such title is amended to read as follows:

‘‘8747. Medal of honor; Air Force cross; distinguished-service cross; distinguished-service medal; silver star: replacement; issuance of duplicate medal of honor.’’.

18 SEC. 543. REPEAL OF LIMITATION ON AWARD OF BRONZE

19 STAR TO MEMBERS IN RECEIPT OF SPECIAL

20 PAY.

21 Section 1133 of title 10, United States Code, is re22 pealed.
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1 Subtitle E—Uniform Code of

2 Military Justice

Sec. 551. Revision of Punitive UCMJ Article Regarding Drunken Operation of

Vehicle, Aircraft, or Vessel.

3 SEC. 551. REVISION OF PUNITIVE UCMJ ARTICLE REGARD4 ING DRUNKEN OPERATION OF VEHICLE, AIR5 CRAFT, OR VESSEL.

6 (a) STANDARD FOR DRUNKEN OPERATION OF VEHI7 CLE, AIRCRAFT, OR VESSEL.—Paragraph (2) of section

8 911 of title 10, United States Code (article III of the Uni9 form Code of Military Justice), is amended by striking

10 ‘‘0.10 grams or more of alcohol’’ and inserting ‘‘0.08

11 grams or more of alcohol’’ both places such term appears.

12 (b) EFFECTIVE DATE.—The amendments made by

13 subsection (a) shall take effect on the date of the enact14 ment of this Act and shall apply to offenses committed

15 on or after that date.

16 TITLE VI—COMPENSATION AND

17 OTHER PERSONNEL BENEFITS

18 Subtitle A—Pay and Allowances

Sec. 601. Increase in Basic Pay for Fiscal Year 2002.

Sec. 602. Partial Dislocation Allowance Authorized Under Certain Circumstances.

Sec. 603. Funeral Honors Duty, Allowance for Retirees.

See. 604. Basic Pay Rate for Certain Reserve Commissioned Officers with

Prior Service as an Enlisted Member or Warrant Officer.

Sec. 605. Family Separation Allowance.

Sec. 606. Housing Allowance for the Chaplain for the Corps of Cadets, United

States Military Academy.

Sec. 607. Clarify Amendment that Space-Required Travel for Annual Training

Reserve Duty Does Not Obviate Transportation Allowances.
79

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1 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.

2 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The

3 adjustment to become effective during fiscal year 2002 re4 quired by section 1009 of title 37, United States Code,

5 in the rates of monthly basic pay authorized members of

6 the uniformed services shall not be made.

7 (b) INCREASE IN BASIC PAY.—Effective on January

8 1, 2002, the rates of monthly basic pay for members of

9 the uniformed services shall be as follows:

MONTHLY BASIC PAY*,**,***

Pay

grade

Years of service (computed under 37 U.S.C. 205)

<2 2 3 4 6 8 10

COMMISSIONED OFFICERS

0–10 .......... 0 0 0 0 0 0 0

0–9 ............ 0 0 0 0 0 0 0

0–8 ............ 7180.20 7415.40 7571.10 7614.90 7809.30 8135.10 8210.70

0–7 ............ 5966.40 6371.70 6371.70 6418.20 6657.90 6840.30 7051.20

0–6 ............ 4422.00 4857.90 5176.80 5176.80 5196.60 5418.90 5448.60

0–5 ............ 3537.00 4152.60 4440.30 4494.30 4673.10 4673.10 4813.50

0–4 ............ 3023.70 3681.90 3927.60 3982.50 4210.50 4395.90 4696.20

0–3 ............ 2796.60 3170.40 3421.80 3698.70 3875.70 4070.10 4232.40

0–2 ............ 2416.20 2751.90 3169.50 3276.30 3344.10 3344.10 3344.10

0–1 ............ 2097.60 2183.10 2638.50 2638.50 2638.50 2638.50 2638.50

12 14 16 18 20 22 24 26

0 0 0 0 11601.90 11659.20 11901.30 12324.00

0 0 0 0 10147.50 10293.60 10504.80 10873.80

8519.70 8608.50 8874.30 9259.50 9614.70 9852.00 9852.00 9852.00

7261.80 7472.70 8135.10 8694.90 8694.90 8694.90 8694.90 8738.70

5448.60 5628.60 6305.70 6627.00 6948.30 7131.00 7316.10 7675.20

5073.30 5413.50 5755.80 5919.00 6079.80 6262.80 6262.80 6262.80

4930.20 5092.50 5255.70 5310.60 5310.60 5310.60 5310.60 5310.60

4441.20 4549.50 4549.50 4549.50 4549.50 4549.50 4549.50 4549.50

3344.10 3344.10 3344.10 3344.10 3344.10 3344.10 3344.10 3344.10

2638.50 2638.50 2638.50 2638.50 2638.50 2638.50 2638.50 2638.50

COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE

DUTY SERVICE

<2 2 3 4 6 8 10

AS AN ENLISTED MEMBER OR WARRANT OFFICER

0–3E ......... 0.00 0.00 0.00 3698.70 3875.70 4070.10 4232.40

0–2E ......... 0.00 0.00 0.00 3276.30 3344.10 3450.30 3630.00

O–IE ......... 0.00 0.00 0.00 2638.50 2818.20 2922.30 3028.50

12 14 16 18 20 22 24 26
80

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COMMISSIONED OFFICERS WITH OVER 4 YEARS ACTIVE

DUTY SERVICE—Continued

<2 2 3 4 6 8 10

AS AN ENLISTED MEMBER OR WARRANT OFFICER

4441.20 4617.00 4717.50 4855.20 4855.20 4855.20 4855.20 4855.20

3768.90 3872.40 3872.40 3872.40 3872.40 3872.40 3872.40 3872.40

3133.20 3276.30 3276.30 3276.30 3276.30 3276.30 3276.30 3276.30

WARRANT OFFICERS

<2 2 3 4 6 8 10

W–5 .......... 0.00 0.00 0.00 0.00 0.00 0.00 0.00

W–4 .......... 2889.60 3108.60 3198.00 3285.90 3437.10 3586.50 3737.70

W–3 .......... 2638.80 2862.00 2862.00 2898.90 3017.40 3152.40 3330.90

W–2 .......... 2321.40 2454.00 2569.80 2654.10 2726.40 2875.20 2984.40

W–1 .......... 2049.90 2217.60 2330.10 2402.70 2511.90 2624.70 2737.80

12 14 16 18 20 22 24 26

0.00 0.00 0.00 0.00 4965.60 5136.00 5307.00 5478.60

3885.30 4038.00 4184.40 4334.40 4480.80 4632.60 4782.00 4935.30

3439.50 3558.30 3693.90 3828.60 3963.60 4098.30 4233.30 4368.90

3093.90 3200.40 3318.00 3438.90 3559.80 3680.10 3801.30 3801.30

2850.00 2963.70 3077.10 3189.90 3275.10 3275.10 3275.10 3275.10

ENLISTED MEMBERS

<2 2 3 4 6 8 10

E–9 ........... 0.00 0.00 0.00 0.00 0.00 0.00 3423.90

E–8 ........... 0.00 0.00 0.00 0.00 0.00 2858.10 2940.60

E–7 ........... 1986.90 2169.00 2251.50 2332.50 2417.40 2562.90 2645.10

E–6 ........... 1701.00 1870,80 1953.60 2033.70 2117.40 2254.50 2337.30

E–5 ........... 1561.50 1665,30 1745.70 1828.50 1912.80 2030.10 2110.20

E–4 ........... 1443.60 1517.70 1599.60 1680.30 1752.30 1752.30 1752.30

E–3 ........... 1303.50 1385.40 1468.50 1468.50 1468.50 1468.50 1468.50

E–2 ........... 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30

E–1 >4+ 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50

E–1

<4++ .. 1022.70 0.00 0.00 0.00 0.00 0.00 0.00

12 14 16 18 20 22 24 26

3501.30 3599.40 3714.60 3830.40 3944.10 4098.30 4251.30 4467.00

3017.70 3110.10 3210.30 3314.70 3420.30 3573.00 3724.80 3937.80

2726.40 2808.00 2892.60 2975.10 3057.30 3200.40 3292.80 3526.80

2417.40 2499.30 2558.10 2602.80 2602.80 2602.80 2602.80 2602.80

2193.30 2193.30 2193.30 2193.30 2193.30 2193.30 2193.30 2193.30

1752.30 1752.30 1752.30 1752.30 1752.30 1752.30 1752.30 1752.30

1468.50 1468.50 1468.50 1468.50 1468.50 1468.50 1468.50 1468.50

1239.30 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30 1239.30

1105.50 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50 1105.50

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

* Basic pay for 0–7 to 0–10 is limited to the rate of basic pay for level III of the Executive Schedule. Basic pay for 0–6 and below is limited to level V of the Executive Schedule.

** 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, 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.

*** While serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or

Coast Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, 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.

+Applies to personnel who have served 4 months or more on active duty.

++Applies to personnel who have served less than 4 months on active duty.
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1 SEC. 602. PARTIAL DISLOCATION ALLOWANCE AUTHOR2 IZED UNDER CERTAIN CIRCUMSTANCES.

3 (a) AUTHORIZATION OF PARTIAL DISLOCATION AL4 LOWANCE.—Section 407 of title 37, United States Code

5 is amended—

6 (1) by redesignating subsections (c) through (g)

7 as subsections (d) through (h), respectively;

8 (2) in subsections (a)(1) and (b)(1), by striking

9 ‘‘subsection (c)’’ and inserting ‘‘subsection (d)’’;

10 (3) by inserting after subsection (b) the fol11 lowing new subsection:

12 ‘‘(c) PARTIAL DISLOCATION ALLOWANCE.—(1)

13 Under regulations prescribed by the Secretary concerned,

14 a member ordered to occupy or to vacate Government fam15 ily housing for the convenience of the Government (includ16 ing pursuant to the privatization or renovation of hous17 ing), and not pursuant to a permanent change of station,

18 may be paid a partial dislocation allowance of $500.

19 ‘‘(2) Effective on the same date that the monthly

20 rates of basic pay for members are increased for a subse21 quent calendar year, the Secretary of Defense shall adjust

22 the rate for the partial dislocation allowance for that cal23 endar year by the percentage equal to the percentage in24 crease in the rate of basic pay for that calendar year.
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1 ‘‘(3) Payments made under this subsection are not

2 subject to the fiscal year limitations in subsection (e).’’;

3 and

4 (4) in subsection (d)(1) as redesignated by

5 paragraph (1), by striking at the beginning ‘‘The

6 amount’’ and inserting ‘‘Except as provided in sub7 section (c), the amount’’.

8 (b) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on October 1, 2001.

10 SEC. 603. FUNERAL HONORS DUTY ALLOWANCE FOR RETIR11 EES.

12 Section 435 of title 37, United States Code, is

13 amended—

14 (1) in subsection (a), by inserting before the pe15 riod at the end ‘‘or a retired member of the armed

16 forces who performs at least two hours of duty pre17 paring for or performing honors at the funeral of a

18 veteran’’; and

19 (2) by adding at the end the following new sub20 section:

21 ‘‘(d) CONCURRENT PAYMENT.—Notwithstanding any

22 other provision of law, the allowance paid to a retired

23 member of the armed forces under subsection (a) shall be

24 in addition to any other compensation authorized under
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1 title 10, title 37, and title 38 to which the retired member

2 may be entitled.’’.

3 SEC. 604. BASIC PAY RATE FOR CERTAIN RESERVE COM4 MISSIONED OFFICERS WITH PRIOR SERVICE

5 AS AN ENLISTED MEMBER OR WARRANT OF6 FICER.

7 Section 203(d) of title 37, United States Code, is

8 amended by inserting ‘‘, or who earns a total of more than

9 1,460 points credited under section 12732(a)(2) of title

10 10 while serving as a warrant officer or as a warrant offi11 cer and enlisted member’’ following ‘‘or as a warrant offi12 cer and enlisted member’’.

13 SEC. 605. FAMILY SEPARATION ALLOWANCE.

14 Section 427(c) of title 37, United States Code, is

15 amended by amending the first sentence to read as follows:

16 ‘‘A member who elects to serve an unaccompanied

17 tour of duty because dependent movement to the perma18 nent station is denied for certified medical reasons is enti19 tled to an allowance under subsection (a)(1)(A). In all

20 other cases, a member who elects to serve a tour unaccom21 panied by his dependents at a permanent station to which

22 movement of his dependents is authorized at the expense

23 of the United States under section 406 of this title is not

24 entitled to an allowance under subsection (a)(1)(A).’’.
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1 SEC. 606. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR

2 THE CORPS OF CADETS, UNITED STATES

3 MILITARY ACADEMY.

4 Section 4337 of title 10, United States Code, is

5 amended by striking the second sentence and inserting

6 ‘‘Notwithstanding any other provision of law, the chaplain

7 is entitled to the same basic allowance for housing allowed

8 to a lieutenant colonel, and to fuel and light for quarters

9 in kind.’’.

10 SEC. 607. CLARIFYING AMENDMENT THAT SPACE-RE11 QUIRED TRAVEL FOR ANNUAL TRAINING RE12 SERVE DUTY DOES NOT OBVIATE TRANSPOR13 TATION ALLOWANCES.

14 Section 18505(a) of title 10, United States Code, is

15 amended by striking ‘‘annual training duty or’’ each time

16 such term appears.

17 Subtitle B—Bonuses and Special

18 and Incentive Pays

Sec. 611. Authorize the Secretary of the Navy to Prescribe Submarine Duty Incentive Pay Rates.

Sec. 612. Extension of Authorities Relating to Payment of Other Bonuses and

Special Pays.

Sec. 613. Extension of Certain Bonuses and Special Pay Authorities for Nurse

Officer Candidates, Registered Nurses, Nurse Anesthetists, and

Dental Officers.

Sec. 614. Extension of Authorities Relating to Nuclear Officer Special Pays.

Sec. 615. Extension of Special and Incentive Pays.

Sec. 616. Accession Bonus for Officers in Critical Skills.

Sec. 617. Critical Wartime Skill Requirement for Eligibility for the Individual

Ready Reserve Bonus.

Sec. 618. Hazardous Duty Incentive Pay: Maritime Board and Search.
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1 SEC. 611. AUTHORIZE THE SECRETARY OF THE NAVY TO

2 PRESCRIBE SUBMARINE DUTY INCENTIVE

3 PAY RATES.

4 (a) IN GENERAL.—Section 301c of title 37, United

5 States Code, is amended by striking subsection (b) and

6 inserting the following:

7 ‘‘(b) A member who meets the requirements pre8 scribed in subsection (a) is entitled to monthly submarine

9 duty incentive pay in an amount prescribed by the Sec10 retary of the Navy, but not more than $1,000 per

11 month.’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a) shall take effect on October 1, 2002.

14 SEC. 612. EXTENSION OF AUTHORITIES RELATING TO PAY15 MENT OF OTHER BONUSES AND SPECIAL

16 PAYS.

17 (a) AVIATION OFFICER RETENTION BONUS.—Sec18 tion 301b(a) of title 37, United States Code, is amended

19 by striking ‘‘December 31, 2001’’ and inserting ‘‘Sep20 tember 30, 2003’’.

21 (b) REENLISTMENT BONUS FOR ACTIVE MEM22 BERS.—Section 308(g) of such title 37 is amended by

23 striking ‘‘December 31, 2001’’ and inserting ‘‘September

24 30, 2003’’.
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1 (c) ENLISTMENT BONUS.—Section 309(e) of such

2 title 37 is amended by striking ‘‘December 31, 2001’’ and

3 inserting ‘‘September 30, 2003’’.

4 (d) RETENTION BONUS FOR MEMBERS QUALIFIED

5 IN A CRITICAL MILITARY SKILL.—Section 323(i) of such

6 title 37 is amended by striking ‘‘December 31, 2001’’ and

7 inserting ‘‘September 30, 2003’’.

8 SEC. 613. EXTENSION OF CERTAIN BONUSES AND SPECIAL

9 PAY AUTHORITIES FOR NURSE OFFICER CAN10 DIDATES, REGISTERED NURSES, NURSE AN11 ESTHETISTS, AND DENTAL OFFICERS.

12 (a) NURSE OFFICER CANDIDATE ACCESSION PRO13 GRAM.—Section 2130a(a)(1) of title 10, United States

14 Code, is amended by striking ‘‘December 31, 2001’’ and

15 inserting ‘‘September 30, 2003’’.

16 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

17 Section 302d(a)(1) of title 37, United States Code, is

18 amended by striking ‘‘December 31, 2001’’ and inserting

19 ‘‘September 30, 2003’’.

20 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES21 THETISTS.—Section 302e(a)(1) of such title 37 is amend22 ed by striking ‘‘December 31, 2001’’ and inserting ‘‘Sep23 tember 30, 2003’’.

24 (d) ACCESSION BONUS FOR DENTAL OFFICERS.—

25 Section 302h(a)(1) of such title 37 is amended by striking
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1 ‘‘September 30, 2002’’ and inserting ‘‘September 30,

2 2003’’.

3 SEC. 614. EXTENSION OF AUTHORITIES RELATING TO NU4 CLEAR OFFICER SPECIAL PAYS.

5 (a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFI6 CERS EXTENDING PERIOD OF ACTIVE SERVICE.—Section

7 312(e) of title 37, United States Code, is amended by

8 striking ‘‘December 31, 2001’’ and inserting ‘‘December

9 31, 2003’’.

10 (b) NUCLEAR CAREER ACCESSION BONUS.—Section

11 312b(c) of such title 37 is amended by striking ‘‘December

12 31, 2001’’ and inserting ‘‘December 31, 2003’’.

13 (c) NUCLEAR CAREER ANNUAL INCENTIVE

14 BONUS.—Section 312c(d) of such title 37 is amended by

15 striking ‘‘December 31, 2001’’ and inserting ‘‘December

16 31, 2003’’.

17 SEC. 615. EXTENSION OF SPECIAL AND INCENTIVE PAYS.

18 (a) SPECIAL PAY FOR RESERVE HEALTH PROFES19 SIONALS IN CRITICALLY SHORT WARTIME SPECIAL20 TIES.—Section 302g(f) of title 37, United States Code,

21 is amended by striking ‘‘December 31, 2001’’ and insert22 ing ‘‘December 31, 2002’’.

23 (b) SELECTED RESERVE REENLISTMENT BONUS.—

24 Section 308b(f) of such title is amended by striking ‘‘De25 cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
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1 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec2 tion 308c(e) of such title is amended by striking ‘‘Decem3 ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.

4 (d) SPECIAL PAY FOR ENLISTED MEMBERS AS5 SIGNED TO CERTAIN HIGH PRIORITY UNITS.—Section

6 308d(c) of such title is amended by striking ‘‘December

7 31, 2001’’ and inserting ‘‘December 31, 2002’’.

8 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec9 tion 308e(e) of such title is amended by striking ‘‘Decem10 ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.

11 (f) READY RESERVE ENLISTMENT AND REENLIST12 MENT BONUS.—Section of 308h(g) of such title is amend13 ed by striking ‘‘December 31, 2001’’ and inserting ‘‘De14 cember 31, 2002’’.

15 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

16 308i(f) of such title is amended by striking ‘‘December

17 31, 2001’’ and inserting ‘‘December 31, 2002’’.

18 (h) REPAYMENT OF EDUCATION LOANS FOR CER19 TAIN HEALTH PROFESSIONALS WHO SERVE IN THE SE20 LECTED RESERVE.—Section 16302(d) of title 10, United

21 States Code, is amended by striking ‘‘January 1, 2002’’

22 and inserting ‘‘January 1, 2003’’.
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1 SEC. 616. ACCESSION BONUS FOR OFFICERS IN CRITICAL

2 SKILLS.

3 (a) IN GENERAL.—Chapter 5 of title 37, United

4 States Code, is amended by inserting after section 323 the

5 following new section:

6 ‘‘§ 324. Special Pay: officer critical skills accession

7 bonus

8 ‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regu9 lations prescribed by the Secretary of Defense and the

10 Secretary of Transportation with respect to the Coast

11 Guard when it is not operated as a service in the Navy,

12 and subject to the limitations in subsection (b), an indi13 vidual who executes a written agreement to accept a com14 mission as an officer of an armed force and serve on active

15 duty in an officer critical skill for the period specified in

16 the agreement may be paid an accession bonus not to ex17 ceed $20,000 upon acceptance of the written agreement

18 by the Secretary concerned.

19 ‘‘(b) LIMITATION ON ELIGIBILITY FOR BONUS.—An

20 individual may not be paid a bonus under subsection (a)

21 if the individual has received, or is receiving, an accession

22 bonus for the same period of service under subsections

23 302d, 302h, or 312b.

24 ‘‘(c) PRORATION.—The term of an agreement and

25 the amount of the payment under subsection (a) may be

26 prorated.
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1 ‘‘(d) PAYMENT METHOD.—Upon acceptance of the

2 written agreement by the Secretary concerned, the total

3 amount payable pursuant to the agreement under sub4 section (a) becomes fixed and may be paid by the Sec5 retary in either a lump sum or installments.

6 ‘‘(e) REPAYMENT.—(1) If an individual who has en7 tered into an agreement under subsection (a) has received

8 all or part of a bonus under this section fails to accept

9 an appointment or to commence or complete the total pe10 riod of active duty in the designated critical skill specified

11 in the agreement, the Secretary concerned may require the

12 individual to repay the United States, on a pro rata basis

13 and to the extent that the Secretary determines conditions

14 and circumstances warrant, any or all sums paid to the

15 individual under this section.

16 ‘‘(2) An obligation to repay the United States im17 posed under paragraph (1) is for all purposes a debt owed

18 to the United States.

19 ‘‘(3) A discharge in bankruptcy under title II that

20 is entered less than five years after the termination of a

21 written agreement entered into. under subsection (a) does

22 not discharge the individual signing the agreement from

23 a debt arising under such agreement or under paragraph

24 (1).
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1 ‘‘(f) DEFINITION.—In this section, the term ‘‘officer

2 critical skill’’ means a skill designated as critical with re3 spect to accession of officers to the skill by the Secretary

4 of Defense, or by the Secretary of Transportation with re5 spect to the Coast Guard when it is not operating as a

6 service in the Navy.

7 ‘‘(g) TERMINATION OF BONUS AUTHORITY.—No

8 bonus may be paid under this section with respect to any

9 agreement to continue on active duty in the armed forces

10 entered into after September 30, 2003, and no agreement

11 under this section may be entered into after that date.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of chapter 5 of such title 37 is amended

14 by inserting after the item relating to section 323 the fol15 lowing new item:

‘‘324. Special Pay: officer critical skills accession bonus.’’

16 SEC. 617. CRITICAL WARTIME SKILL REQUIREMENT FOR

17 ELIGIBILITY FOR THE INDIVIDUAL READY

18 RESERVE BONUS.

19 Section 308h(a)(1) of title 37, United States Code,

20 is amended—

21 (1) by striking ‘‘a combat or combat support

22 skill of’’; and

23 (2) by inserting ‘‘is qualified in a skill or spe24 cialty designated by the Secretary concerned as criti-
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1 cally short to meet wartime requirements and’’ after

2 ‘‘and who’’.

3 SEC. 618. HAZARDOUS DUTY INCENTIVE PAY: MARITIME

4 BOARD AND SEARCH.

5 Section 301(a) of title 37, United States Code, is

6 amended by inserting after paragraph (11) the following

7 new paragraph:

8 ‘‘(12) involving regular participation as a mem9 ber of a team conducting visit, board, search, and

10 seizure operations as defined by the Secretary con11 cerned, aboard vessels in support of maritime inter12 diction operations as designated by such Secretary.

13 Subtitle C—Travel and

14 Transportation Allowances

Sec. 621. Funded Student Travel: Exchange Programs.

Sec. 622. Payment of Vehicle Storage Costs in Advance.

Sec. 623. Travel and Transportation Allowances for Family Members to Attend

the Burial of a Deceased Member of the Armed Forces.

Sec. 624. Shipment of Privately Owned Vehicles When Executing CONUS Permanent Change of Station Moves.

15 SEC. 621. FUNDED STUDENT TRAVEL: EXCHANGE PRO16 GRAMS.

17 Section 430 of title 37, United States Code, is

18 amended—

19 (1) in subsection (a)(3), by inserting ‘‘(or a

20 school outside the United States if the dependent is

21 attending that school for less than one year under

22 a program approved by the school in the continental
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1 United States at which the dependent is enrolled)’’

2 after ‘‘United States’’; and

3 (2) in subsection (b)—

4 (A) in paragraph (1), by inserting ‘‘(or a

5 school outside the United States if the depend6 ent is attending that school for less than one

7 year under a program approved by the school in

8 the continental United States at which the de9 pendent is enrolled)’’ after ‘‘United States’’ the

10 first place it appears; and

11 (B) by adding at the end the following new

12 subparagraph:

13 ‘‘(3) The transportation allowance under para14 graph (1) for a dependent child who is attending a

15 school outside the United States for less than one

16 year under a program approved by the school in the

17 continental United States at which the dependent is

18 enrolled shall not exceed the allowance the member

19 would be paid for a trip between the school in the

20 continental United States and the member’s duty

21 station outside the continental United States and re22 turn.’’.
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1 SEC. 622. PAYMENT OF VEHICLE STORAGE COSTS IN AD2 VANCE.

3 Section 2634(b) of title 10, United States Code, is

4 amended by adding at the end the following new para5 graph:

6 ‘‘(4) Storage costs payable under this sub7 section may be paid in advance.’’.

8 SEC. 623. TRAVEL AND TRANSPORTATION ALLOWANCES

9 FOR FAMILY MEMBERS TO ATTEND THE BUR10 IAL OF A DECEASED MEMBER OF THE ARMED

11 FORCES.

12 (a) CONSOLIDATION OF AUTHORITIES.—Section 411f

13 of title 37, United States Code, is amended—

14 (1) in subsection (a)—

15 (A) by inserting ‘‘ALLOWANCES AUTHOR16 IZED.—(1)’’ after ‘‘(a)’’; and

17 (B) by inserting at the end following new

18 paragraph:

19 ‘‘(2) If a dependent of a deceased member who

20 is authorized travel and transportation allowances

21 under this section is unable to travel unattended to

22 the burial ceremonies of the deceased member—

23 ‘‘(A) because of—

24 ‘‘(i) age;

25 ‘‘(ii) physical condition; or
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1 ‘‘(iii) other justifiable reason, as de2 termined under uniform regulations pre3 scribed by the Secretaries concerned; and

4 ‘‘(B) there is no other dependent qualified

5 for travel and transportation allowances under

6 this section available and qualified to serve as

7 an attendant for the dependent while traveling

8 to and attending the burial ceremonies, an at9 tendant may be paid roundtrip travel and

10 transportation allowances under this section.’’;

11 (2) in subsection (b)(1)—

12 (A) by striking ‘‘(b)(1) Except as provided

13 in paragraph (2)’’ and inserting

14 ‘‘(b) LIMITATION ON ALLOWANCES.—(1) Except as

15 provided in paragraphs (2) and (3)’’; and

16 (B) by inserting before the period at the

17 end, the following: ‘‘and the time necessary for

18 such travel’’; and

19 (3) in subsection (b)(2), by striking ‘‘be ex20 tended to accommodate’’ and inserting ‘‘not exceed

21 the rates for 2 days and’’;

22 (4) by adding at the end of subsection (b) the

23 following new paragraph:

24 ‘‘(3) If a deceased member is interred in a cem25 etery maintained by the American Battle Monu-
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•S 1155 IS

1 ments Commission, the allowances authorized under

2 this section may be provided to and from such ceme3 tery and may not exceed the rates for 2 days and

4 time necessary for such travel.’’; and

5 (5) by amending subsection (c) to read as fol6 lows:

7 ‘‘(c) DEFINITIONS.—(1) In this section, the term

8 ‘‘dependents’’ means—

9 ‘‘(A) the surviving spouse (including a remar10 ried surviving spouse) of the deceased member and

11 any child of the deceased member as defined in sec12 tion 401(a)(2);

13 ‘‘(B) if no person described in subparagraph

14 (A) is paid travel and transportation allowances

15 under this section, the parents (as defined in section

16 401(b)(2)) of the deceased member; or

17 ‘‘(C) if no person described in subparagraphs

18 (A) or (B) is paid travel and transportation allow19 ances under this section, then—

20 ‘‘(i) the person who directs the disposition

21 of the remains of the deceased member under

22 section 1482(c) of 74 title 10, United States

23 Code, and two additional persons selected by

24 that person who are closely related to the de25 ceased member; or
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1 ‘‘(ii) in the case of a deceased member

2 whose remains are commingled and buried in a

3 common grave in a national cemetery, the per4 son who would have been designated under sec5 tion 1482(c) of such title to direct the disposi6 tion of the remains if individual identification

7 had been made and two additional persons se8 lected by that person who are closely related to

9 the deceased member.

10 ‘‘(2) In this section, the term ‘‘burial ceremonies’’

11 includes—

12 ‘‘(A) an interment of casketed or cremated re13 mains;

14 ‘‘(B) a placement of cremated remains in a col15 umbarium:

16 ‘‘(C) a memorial service for which reimburse17 ment is authorized under section 1482(e)(2) of title

18 10; and

19 ‘‘(D) a burial of commingled remains that can20 not be individually identified in a common grave in

21 a national cemetery.’’.

22 (b) CONFORMING AMENDMENTS.—(1) Section 1482

23 of title 10, United States Code, is amended by striking

24 subsection (d) and redesignating subsections (e), (f), and

25 (g) as subsections (d), (e), and (f), respectively.
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1 (2) The Funeral Transportation and Living Expense

2 Benefits Act of 1974 (37 U.S.C. 406 note; Public Law

3 93–257) is repealed.

4 SEC. 624. SHIPMENT OF PRIVATELY OWNED VEHICLES

5 WHEN EXECUTING CONUS PERMANENT

6 CHANGE OF STATION MOVES.

7 Section 2634(h)(1) of title 10, United States Code,

8 is amended by inserting before the period at the end ‘‘,

9 or when the Secretary concerned determines that the

10 transport of a vehicle upon transfer is advantageous and

11 cost-effective to the government’’.

12 Subtitle D—Other

Sec. 631. Montgomery GI Bill-Selected Reserve Eligibility Period.

Sec. 632. Improved Disability Benefits for Certain Reserve Component Members.

Sec. 633. Acceptance of Scholarships by Officers Participating in the Funded

Legal Education Program.

13 SEC. 631. MONTGOMERY GI BILL—SELECTED RESERVE ELI14 GIBILITY PERIOD.

15 Section 16133(a) of title 10, United States Code, is

16 amended by striking ‘‘10-year’’ and inserting ‘‘14-year’’.

17 SEC. 632. IMPROVED DISABILITY BENEFITS FOR CERTAIN

18 RESERVE COMPONENT MEMBERS.

19 (a) MEDICAL AND DENTAL CARE FOR MEMBERS.—

20 Section 1074a(a)(3) of title 10, United States Code, is

21 amended by inserting before the period: ‘‘, or if otherwise

22 authorized under applicable regulations’’.
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1 (b) MEDICAL AND DENTAL CARE FOR DEPEND2 ENTS.—Section 1076(a)(2)(C) of such title 10 is amended

3 by inserting before the period: ‘‘, or if otherwise authorized

4 under applicable regulations’’.

5 (c) ELIGILITY FOR DISABILITY RETIREMENT OR

6 SEPARATION.—(1) Section 1204(2)(B)(iii) of such title 10

7 is amended by inserting before the semicolon: ‘‘, or if oth8 erwise authorized under applicable regulations’’.

9 (2) Section 1206(2)(C) of such title 10 is amended

10 by inserting before the semicolon: ‘‘, or if otherwise au11 thorized under applicable regulations’’.

12 (d) RECOVERY, CARE, AND DISPOSITION OF RE13 MAINS.—Section 1481(a)(2)(D) of such title 10 is amend14 ed by inserting before the semicolon: ‘‘, or if otherwise au15 thorized under applicable regulations’’.

16 (e) ENTITLEMENT TO BASIC PAY.—(1) Section

17 204(g)(1)(D) of title 37, United States Code, is amended

18 by inserting before the period: ‘‘, or if otherwise authorized

19 under applicable regulations’’.

20 (2) Section 204(h)(1)(D) of title such 37 is amended

21 by inserting before the period: ‘‘, or if otherwise authorized

22 under applicable regulations’’.

23 (f) COMPENSATION FOR INACTIVE-DUTY TRAIN24 ING.—Section 206(a)(3)(C) of such title 37 is amended
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1 by inserting before the period: ‘‘, or if otherwise authorized

2 under applicable regulations’’.

3 SEC. 633. ACCEPTANCE OF SCHOLARSHIPS BY OFFICERS

4 PARTICIPATING IN THE FUNDED LEGAL EDU5 CATION PROGRAM.

6 (a) ACCEPTANCE OF SCHOLARSHIP.—Section 2004

7 of title 10, United States Code, is amended by adding at

8 the end the following new subsection:

9 ‘‘(g) An officer detailed at a law school under this

10 section also may accept a fellowship, scholarship, or grant

11 under section 2603 of this title. Any service obligation in12 curred under section 2603 shall be served consecutively

13 with the service obligation incurred under subsection

14 (b)(2)(C).’’.

15 (b) CONFORMING AMENDMENT.—Section 2603 of

16 such title 10 is amended by adding at the end the fol17 lowing new subsection:

18 ‘‘(c) A member who accepts a fellowship, scholarship,

19 or grant in accordance with subsection (a) also may be

20 detailed at a law school under section 2004 of this title.

21 Any service obligation incurred under section 2004 shall

22 be served consecutively with the service obligation incurred

23 under subsection (b).’’.
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1 TITLE VII—ACQUISITION POLICY

2 AND ACQUISITION MANAGE3 MENT

4 Subtitle A—Acquisition Policy

Sec. 701. Acquisition Milestone Changes.

Sec. 702. Clarification of Inapplicability of the Requirement for Core Logistics

Capabilities Standards to the Nuclear Refueling of an Aircraft

Carrier.

Sec. 703. Depot Maintenance Utilization Waiver.

5 SEC. 701. ACQUISITION MILESTONE CHANGES.

6 (a) SYSTEM DEVELOPMENT AND DEMONSTRA7 TION.—Section 2366(c) of title 10, United States Code,

8 is amended—

9 (1) in paragraph (1) by striking ‘‘engineering

10 and manufacturing development’’ and inserting ‘‘sys11 tem development and demonstration’’; and

12 (2) in paragraph (2) by striking ‘‘engineering

13 and manufacturing development’’ and inserting ‘‘sys14 tem development and demonstration’’.

15 (b) MILESTONE B.—Section 2400 of title 10, United

16 States Code, is amended—

17 (1) in subsections (a)(1)(A), (a)(2), (a)(4) and

18 (a)(5), by striking ‘‘milestone II’’ each place it ap19 pears and inserting ‘‘milestone B.’’.

20 (2) in subsection (a)(2), by striking ‘‘engineer21 ing and manufacturing development’’ and inserting

22 ‘‘system development and demonstration.’’.
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1 (c) SYSTEM DEVELOPMENT AND DEMONSTRA2 TION.—Section 2432 of title 10, United States Code, is

3 amended in subsections (b)(3)(A), (c)(3)(A) and (h)(1),

4 by striking ‘‘engineering and manufacturing development’’

5 each place it appears and inserting ‘‘system development

6 and demonstration.’’.

7 (d) Section 2434 of title 10, United States Code, is

8 amended in subsection (a), by striking ‘‘engineering and

9 manufacturing development’’ and inserting ‘‘system devel10 opment and demonstration.’’.

11 (e) SYSTEM DEVELOPMENT AND DEMONSTRATION

12 AND FULL RATE PRODUCTION.—Section 2435 of title 10,

13 United States Code, is amended—

14 (1) in subsection (b) by striking ‘‘engineering

15 and manufacturing development’’ and inserting ‘‘sys16 tem development and demonstration.’’

17 (2) in subsection (c)(1), by striking ‘‘dem18 onstration and validation’’ and inserting ‘‘system de19 velopment and demonstration.’’

20 (3) in subsection (c)(2) by striking ‘‘engineering

21 and manufacturing development’’ and inserting

22 ‘‘production and deployment.’’

23 (4) in subsection (c)(3) by striking ‘‘production

24 and deployment’’ and inserting ‘‘full rate produc25 tion.’’.
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1 (f) MILESTONE DESIGNATORS.—Section 8102(b) of

2 Public Law 106–259 is amended—

3 (1) by striking ‘‘milestone I’’ and inserting

4 ‘‘milestone B.’’

5 (2) by striking ‘‘milestone II’’ and inserting

6 ‘‘milestone C.’’

7 (3) by striking ‘‘milestone III’’ and inserting

8 ‘‘full rate production.’’.

9 (g) MILESTONE DESIGNATORS.—Section 81l(c) of

10 Public Law 106–398, is amended—

11 (1) by striking ‘‘Milestone I’’ and inserting

12 ‘‘Milestone B.’’

13 (2) by striking ‘‘Milestone II’’ and inserting

14 ‘‘Milestone C.’’

15 (3) by striking ‘‘Milestone III’’ and inserting

16 ‘‘full rate production’’.

17 SEC. 702. CLARIFICATION OF INAPPLICABILITY OF THE RE18 QUIREMENT FOR CORE LOGISTICS CAPABILI19 TIES STANDARDS TO THE NUCLEAR REFUEL20 ING OF AN AIRCRAFT CARRIER.

21 Section 2464(a)(3) of title 10, United States Code,

22 is amended—

23 (1) by striking ‘‘nuclear aircraft carriers,’’; and

24 (2) by adding at the end the following new sen25 tence: ‘‘Core logistics capabilities identified under
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1 paragraphs (1) and (2) shall not include nuclear re2 fueling of an aircraft carrier.’’.

3 SEC. 703. DEPOT MAINTENANCE UTILIZATION WAIVER.

4 Section 2466(c) of title 10, United States Code, is

5 amended by striking ‘‘the waiver is’’ and inserting ‘‘a

6 depot is fully utilized within existing resources and, where

7 multiple depots are capable of performing the same main8 tenance activities that the utilization of another such

9 depot is uneconomical, or that the waiver is otherwise’’.

10 Subtitle B—Acquisition Workforce

Sec. 705. Acquisition Workforce Qualifications.

See. 706. Tenure Requirement for Critical Acquisition Positions.

11 SEC. 705. ACQUISITION WORKFORCE QUALIFICATIONS.

12 (a) AMENDMENTS TO AUTHORITY.—Section 1724 of

13 title 10, United States Code, is Amnended—

14 (1) in subsection (a)—

15 (A) by striking ‘‘(a) CONTRACTING OFFI16 CERS.—The Secretary of Defense shall require

17 that in order to qualify to serve in an acquisi18 tion position as a contracting officer with au19 thority to award or administer contracts for

20 amounts above the simplified acquisition thresh21 old referred to in section 2304(g) of this title,

22 a person must (except as provided in sub23 sections (e) and (d))—’’ and inserting ‘‘(a)

24 CONTRACTING OFFICERS.—The Secretary of
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1 Defense shall require that, with the exception

2 of the Contingency Contracting Force identified

3 in paragraph (c), in order to qualify to serve

4 in an acquisition position as a contracting offi5 cer with authority to award or administer con6 tracts for amounts above the simplified acquisi7 tion threshold referred to in section 2304(g) of

8 this title, a person must (except as provided in

9 subsections (e) and (f))—’’; and

10 (B) in paragraph (3)(A), by inserting a

11 comma between ‘‘business’’ and ‘‘finance’’;

12 (2) by striking subsections (c) and (d); and

13 (3) by inserting after subsection (b) the fol14 lowing new subsections:

15 ‘‘(c) CONTINGENCY CONTRACTING FORCE.—(1) Not16 withstanding subsections (a) and (b), the Secretary of De17 fense may establish a Contingency Contracting Force con18 sisting of employees and members of the armed forces

19 whose mission, as determined by the Secretary, is to de20 ploy in support of contingency operations and other De21 partment of Defense operations.

22 ‘‘(2) The Secretary of Defense shall establish quali23 fication requirements for such Contingency Contracting

24 Force, to include—
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1 ‘‘(A) completion of at least 24 semester credit

2 hours (or the equivalent) of study from an accred3 ited institution of higher education, or similar edu4 cational institution as determined by the Secretary,

5 in any of the following disciplines: accounting, busi6 ness finance, law, contracts, purchasing, economics,

7 industrial management, marketing, quantitative

8 methods, and organization and management;

9 ‘‘(B) passing an examination considered by the

10 Secretary of Defense to demonstrate skills, knowl11 edge, or abilities comparable to that of an individual

12 who has completed at least 24 semester credit hours

13 (or the equivalent) of study in any of the disciplines

14 listed in subparagraph (A); or

15 ‘‘(C) any combination of (A) and (B) equaling

16 24 semester hours or the equivalent as determined

17 by the Secretary; and

18 ‘‘(D) such additional education and experience

19 requirements as the Secretary may prescribe.

20 ‘‘(d) DEVELOPNENTAL OPPORTUNITIES.—Not with21 standing other provisions of law, the Secretary of Defense

22 may establish one or more programs for the purpose of

23 recruiting, selecting, appointing, educating, qualifing, and

24 developing the careers of personnel to meet the require25 ments in subparagraphs (A) and (B) of subsection (a)(3)
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1 above for contracting positions in the Department of De2 fense covered by this section; may appoint individuals to

3 developmental positions in those programs; and may sepa4 rate from the civil service any person appointed under this

5 subsection who, as determined by the Secretary, fails to

6 complete satisfactorily any program developed pursuant to

7 this subsection. To qualify for any developmental program

8 under this subsection, an individual must have met one

9 of the following requirements:

10 ‘‘(1) Been awarded a baccalaureate degree from

11 an accredited educational institution authorized to

12 grant baccalaureate degrees.

13 ‘‘(2) Completed at least 24 semester credit

14 hours (or the equivalent) of study from an accred15 ited institution of higher education in any of the dis16 ciplines of accounting, business finance, law, con17 tracts, purchasing, economics, industrial manage18 ment, marketing, quantitative methods, and organi19 zation and management.

20 ‘‘(e) EXCEPTION.—(1) The requirements imposed

21 under subsection (a) or (b) shall not apply to an employee

22 or member who—

23 ‘‘(A) served as a contracting officer with au24 thority to award or administer contracts in excess of
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1 the simplified acquisition threshold in the Executive

2 agency on or before September 30, 2000;

3 ‘‘(B) served, on or before September 30, 2000,

4 in a position in an Executive agency either as an

5 employee in the GS–1102 series or as a member of

6 the armed force in similar occupational specialty; or

7 ‘‘(C) is determined by the Secretary of Defense

8 to be a member of the Contingency Contracting

9 Force.

10 ‘‘(2) The requirements imposed under subsection (a)

11 or (b) of this section shall not apply to an employee for

12 purposes of qualifying to serve in the position in which

13 the employee was serving on October 1, 1993, or any other

14 position in the same or lower grade and involving the same

15 or lower level of responsibilities as the position in which

16 the employee was serving on such date.

17 ‘‘(3) To qualify for the exceptions in subparagraphs

18 (A) or (B) of paragraph (1) of this subsection, a civilian

19 employee must have met one of the following require20 ments, or have been granted a waiver under subsection

21 (f), on or before September 30, 2000—

22 ‘‘(A) received a baccalaureate degree from an

23 accredited educational institution authorized to

24 grant baccalaureate degrees;
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1 ‘‘(B) completed at least 24 semester credit

2 hours. (or the equivalent) of study from an accred3 ited institution of higher education in any of the fol4 lowing disciplines: accounting, business finance, law,

5 contracts, purchasing, economics, industrial manage6 ment, marketing, quantitative methods, and organi7 zation and management;

8 ‘‘(C) passed an examination considered by the

9 Secretary of Defense to demonstrate skills, knowl10 edge, or abilities comparable to that of an individual

11 who has completed at least 24 semester credit hours

12 (or the equivalent) of study in any of the disciplines

13 listed in subparagraph (B); or

14 ‘‘(D) on October 1, 1991, had at least 10 years

15 of experience in acquisition positions, in comparable

16 positions in other government agencies or the private

17 sector, or in similar positions in which an individual

18 obtains experience directly relevant to the field of

19 contracting.

20 ‘‘(f) WAIVER.—The acquisition career program board

21 concerned may waive any or all of the requirements of sub22 sections (a) and (b) with respect to an individual if the

23 board certifies that the individual possesses significant po24 tential for advancement to levels of greater responsibility

25 and authority, based on demonstrated job performance
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1 and qualifying experience. With respect to each waiver

2 granted under this subsection, the board shall set forth

3 in a written document the rationale for its decision to

4 waive such requirements. The document shall be sub5 mitted to and retained by the Director of Acquisition Edu6 cation, Training, and Career Development.’’.

7 (b) CLERICAL AMENDMENT.—Section 1732(c)(2) of

8 such title 10 is amended by inserting a comma between

9 ‘‘business’’ and ‘‘finance’’.

10 SEC. 706. TENURE REQUIREMENT FOR CRITICAL ACQUISI11 TION POSITIONS.

12 Section 1734 of title 10, United States Code, is

13 amended—

14 (1) in paragraph (a)(1), by inserting ‘‘as a pro15 gram manager, deputy program manager, or senior

16 contracting official of a major system, as that term

17 is defined in section 23 02(5) of this title, and any

18 person assigned to such other critical acquisition po19 sition as the Secretary of Defense may prescribe by

20 regulation,’’ after ‘‘critical acquisition position’’.

21 (2) in paragraph (a)(2), by inserting ‘‘as a pro22 gram manager, deputy program manager, or senior

23 contracting official of a major system, as that term

24 is defined in section 2302(5) of this title, and any

25 person assigned to such other critical acquisition po-
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1 sition as the Secretary of Defense may prescribe by

2 regulation,’’ after ‘‘critical acquisition position’’.

3 Subtitle C—General Contracting

4 Procedures and Limitations

Sec. 710. Amendment of Law Applicable to Contracts for Architectural and

Engineering Services and Construction Design.

Sec. 711. Streamlining Procedures for the Purchase of Certain Goods.

Sec. 712. Repeat of the Requirement for the Limitations on the Use of Air

Force Civil Engineering Supply Function Contracts.

Sec. 713. One-Year Extension of Commercial Items Test Program.

Sec. 714. Modification of Limitation on Retirement or Dismantlement of Strategic Nuclear Delivery Systems.

5 SEC. 710. AMENDMENT OF LAW APPLICABLE TO CON6 TRACTS FOR ARCHITECTURAL AND ENGI7 NEERING SERVICES AND CONSTRUCTION DE8 SIGN.

9 Section 2855 of title 10, United States Code, is

10 amended—

11 (1) in subsection (a) by striking the subsection

12 designator ‘‘(a)’’; and

13 (2) by striking subsection (b).

14 SEC. 711. STREAMLINING PROCEDURES FOR THE PUR15 CHASE OF CERTAIN GOODS.

16 Section 2534(g)(2) of title 10, United States Code,

17 is amended by inserting before the period at the end: ‘‘un18 less the head of a contracting activity determines—

19 ‘‘(A) that the amount of the purchase is

20 $25,000 or less;
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1 ‘‘(B) the precision level of the ball or roller

2 bearings is rated lower than Annual Bearing

3 Engineering Committee (ABEC) 5 or Roller

4 Bearing Engineering Committee (RBEC) 5, or

5 their equivalent;

6 ‘‘(C) at least two manufacturers in the na7 tional technology and industrial base capable of

8 producing the ball or roller bearings decline to

9 respond to a request for quotation for the re10 quired items; and

11 ‘‘(D) the bearings are neither miniature

12 nor instrument ball bearings, i.e. rolling contact

13 ball bearings with a basic outside diameter (ex14 clusive of flange diameters) of 30 millimeters or

15 less.’’.

16 SEC. 712. REPEAL OF THE REQUIREMENT FOR LIMITA17 TIONS ON THE USE OF AIR FORCE CIVIL EN18 GINEERING SUPPLY FUNCTION CONTRACTS.

19 Section 345 of the National Defense Authorization

20 Act for Fiscal Year 1999 (Public Law 105–261, 112 Stat.

21 1978) is repealed.

22 SEC. 713. ONE-YEAR EXTENSION OF COMMERCIAL ITEMS

23 TEST PROGRAM.

24 Section 4202(e) of the National Defense Authoriza25 tion Act for Fiscal Year 1996 (Public Law 104–106; 110
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1 Stat. 184, 652 is amended by striking ‘‘January 1, 2002’’

2 and inserting ‘‘January 1, 2003.’’.

3 SEC. 714. MODIFICATION OF LIMITATION ON RETIREMENT

4 OR DISMANTLEMENT OF STRATEGIC NU5 CLEAR DELIVERY SYSTEMS.

6 Section 1302(a) of the National Defense Authoriza7 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

8 Stat. 1948), as amended by section 1501 (a) of the Na9 tional Defense Authorization Act for Fiscal Year 2000

10 (Public Law 106–65; 113 Stat. 806), is further amended

11 by striking paragraph (1)(D).

12 Subtitle D—Military Construction

13 General Provisions

Sec. 715. Exclusion of Unforeseen Environmental Hazard Remediation from

the Limitation on Cost Increases for Military Construction and

Family Housing Construction Projects.

Sec. 716. Increase of Overseas Minor Construction Threshold Using Operations

and Maintenance Funds.

Sec. 717. Leasebacks of Base Closure Property.

Sec. 718. Alternative Authority For Acquisition and Improvement of Military

Housing.

Sec. 719. Annual Report to Congress on Design And Construction.

14 SEC. 715. EXCLUSION OF UNFORESEEN ENVIRONMENTAL

15 HAZARD REMEDIATION FROM THE LIMITA16 TION ON COST INCREASES FOR MILITARY

17 CONSTRUCTION AND FAMILY HOUSING CON18 STRUCTION PROJECTS.

19 Subsection 2853(d) of title 10, United States Code,

20 is amended—
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1 (1) by inserting ‘‘(1)’’ immediately following

2 ‘‘apply to’’; and

3 (2) by inserting immediately before the period

4 at the end ‘‘; or (2) the costs associated with envi5 ronmental hazard remediation such as asbestos re6 moval, radon abatement, lead-based paint removal or

7 abatement, and any other legally required environ8 mental hazard remediation, provided that such reme9 diation requirements could not be reasonably antici10 pated at the time of budget submission’’.

11 SEC. 716. INCREASE OF OVERSEAS MINOR CONSTRUCTION

12 THRESHOLD USING OPERATIONS AND MAIN13 TENANCE FUNDS.

14 Section 2805 of title 10, United States Code,

15 amended—

16 (1) in subsection (b)(1), by striking ‘‘$500,000’’

17 and inserting ‘‘$750,000’’;

18 (2) in subsection (c)(1)(A), by striking

19 ‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’; and

20 (3) in subsection (c)(1)(B), by striking

21 ‘‘$500,000’’ and inserting ‘‘$750,000’’.

22 SEC. 717. LEASEBACKS OF BASE CLOSURE PROPERTY.

23 (a) 1990 LAW.—Section 2905(b)(4)(E) of the De24 fense Base Closure and Realignment Act of 1990 (part
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1 A of title XXIX of Public Law 101–510; 10 U.S.C. 2687

2 note) is amended as follows:

3 (1) in clause (iii), by striking ‘‘A’’ and inserting

4 ‘‘Except as provided in clause (v) below, a’’

5 (2) by adding at the end the following new

6 clause (v):

7 ‘‘(v) Notwithstanding clause (iii) or

8 chapter 137 of title 10, United States

9 Code, where the department or agency con10 cerned leases a substantial portion of the

11 installation, the department or agency may

12 obtain, at a rate no higher than that

13 charged to non-Federal tenants, facility

14 services for the leased property and com15 mon area maintenance from the redevelop16 ment authority or the redevelopment

17 authority’s assignee as a provision of a

18 lease under clause (i). Facility services and

19 common area maintenance shall not in20 clude municipal services that the state or

21 local govenment is required by law to pro22 vide to all landowners in its jurisdiction

23 without direct charge, or firefighting or se24 curity-guard functions.’’.
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1 (b) 1988 LAW.—Section 204(b)(4) of the Defense

2 Authorization Amendments and Base Closure and Re3 alignment Act of (Public Law 100–526; 10 U.S.C. 2687

4 note) is amended by adding at the end the following new

5 subparagraph (J):

6 ‘‘(J)(i) The Secretary may transfer real

7 property at an installation approved for closure

8 or realignment under this title (including prop9 erty at an installation approved for realignment

10 which will be retained by the Department of

11 Defense or another Federal agency after re12 alignment) to the redevelopment authority for

13 the installation if the redevelopment authority

14 agrees to lease, directly upon transfer, one or

15 more portions of the property transferred under

16 this subparagraph to the Secretary or to the

17 head of another department or agency of the

18 Federal Government. Subparagraph (B) shall

19 apply to a transfer under this subparagraph.

20 ‘‘(ii) A lease under clause (i) shall be for

21 a term of not to exceed 50 years, but may pro22 vide for options for renewal or extension of the

23 term by the department or agency concerned.
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1 ‘‘(iii) Except as provided in clause (v)

2 below, a lease under clause (i) may not require

3 rental payments by the United States.

4 ‘‘(iv) A lease under clause (i) shall include

5 a provision specifying that if the department or

6 agency concerned ceases requiring the use of

7 the leased property before the expiration of the

8 term of the lease, the remainder of the lease

9 term may be satisfied by the same or another

10 department or agency of the Federal Govern11 ment using the property for a use similar to the

12 use under the lease. Exercise of the authority

13 provided by this clause shall be made in con14 sultation with the redevelopment authority con15 cerned.

16 ‘‘(v) Notwithstanding clause (iii) or chap17 ter 137 of title 10, United States Code, where

18 the department or agency concerned leases a

19 substantial portion of the installation, the de20 partment or agency may obtain, at a rate no

21 higher than that charged to non-Federal ten22 ants, facility services for the leased property

23 and common area maintenance from the rede24 velopment authority or the redevelopment

25 authority’s assignee as a provision of a lease
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1 under clause (i). Facility services and common

2 area maintenance shall not include municipal

3 services that the state or local government is re4 quired by law to provide to all landowners in its

5 jurisdiction without direct charge, or fire6 fighting or security-guard functions.’’.

7 SEC. 718. ALTERNATIVE AUTHORITY FOR ACQUISITION

8 AND IMPROVEMENT OF MILITARY HOUSING.

9 (a) IN GENERAL.—Subchapter IV of Chapter 169 of

10 title 10, United States Code, is amended by adding at the

11 end the following new section:

12 ‘‘§ 2886. Reimbursement of funds related to the exe13 cution of military family housing privat14 ization projects

15 ‘‘The Secretary of Defense may, during the first year

16 of an initiative under this Subchapter, transfer funds from

17 appropriations available for the operation and mainte18 nance of family housing to appropriations available for the

19 pay of military personnel in such amounts as are nec20 essary to offset additional housing allowance costs in21 curred as a result of such initiative.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such subchapter IV of chapter 169

24 of title 10 is amended by inserting after the item relating

25 to section 2885 the following:
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‘‘2886. Reimbursement of funds related to the execution of military family housing privatization projects.’’.

1 SEC. 719. ANNUAL REPORT TO CONGRESS ON DESIGN AND

2 CONSTRUCTION.

3 (a) IN GENERAL.—Section 2861 of title 10, United

4 States Code is repealed.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of subchapter III of chapter 169 of such

7 title 10 is amended by striking the item referring to sec8 tion 2861.

9 TITLE VIII—DEPARTMENT OF

10 DEFENSE ORGANIZATION

11 AND POSITIONS

12 Subtitle A—Department of Defense

13 Organizations and Positions

Sec. 801. Organizational Alignment Change for Director for Expeditionary

Warfare.

Sec. 802. Consolidation of Authorities Relating to Department of Defense Regional Centers for Security Studies.

Sec. 803. Change of Name for Air Mobility Command.

Sec. 804. Transfer of intelligence Positions in Support of the National Imagery

and Mapping Agency.

14 SEC. 801. ORGANIZATIONAL ALIGNMENT CHANGE FOR DI15 RECTOR FOR EXPEDITIONARY WARFARE.

16 Section 5038(a) of title 10, United States Code, is

17 amended by striking ‘‘Office of the Deputy Chief of Naval

18 Operations for Resources, Warfare Requirements, and As19 sessments’’ and inserting ‘‘Office of the Deputy Chief of
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1 Naval Operations for Warfare Requirements and Pro2 grams’’.

3 SEC. 802. CONSOLIDATION OF AUTHORITIES RELATING TO

4 DEPARTMENT OF DEFENSE REGIONAL CEN5 TERS FOR SECURITY STUDIES.

6 (a) IN GENERAL.—Chapter 6 of title 10, United

7 States Code, is amended, by adding at the end the fol8 lowing new section:

9 ‘‘§ 169. Regional centers for security studies

10 ‘‘(a) AUTHORITY TO ESTABLISH, OPERATE, AND

11 TERMINATE REGIONAL CENTERS.—The Secretary of De12 fense may establish, operate, and terminate regional cen13 ters for security studies to serve as forums for bilateral

14 and multilateral communication and military and civilian

15 exchanges. Such regional centers shall use professional

16 military education, civilian defense education, and related

17 academic and other activities, as the Secretary deems ap18 propriate, to pursue such communication and exchanges.

19 The Secretary of Defense annually, in writing, shall evalu20 ate the performance and value to the United States of

21 each such regional center and determine whether to con22 tinue to operate such regional center.

23 ‘‘(b) ACCEPTANCE OF GIFTS AND CONTRIBUTIONS.—

24 The Secretary may accept, hold, administer, and use gifts

25 and contributions of money, personal property (including
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1 loans of property), and services for the purpose of defray2 ing the costs or enhancing the operations of one or more

3 of the Regional Centers, and may pay all reasonable ex4 penses in connection with the conveyance or transfer of

5 any such gifts. Contributions of money and proceeds from

6 the sale of property accepted by the Secretary under this

7 subsection shall be credited to funds available for the oper8 ation or support of the Center or Centers intended to ben9 efit from such contribution and shall remain available

10 until expended. No gift or contribution may be accepted

11 under this subsection from a foreign state, or instrumen12 tality or national thereof, or organization domiciled there13 in, nor anyone acting on behalf of any of them.

14 ‘‘(c) LIMITATION.—The Secretary may not accept a

15 gift or donation under subsection (b) if the acceptance of

16 the gift or donation would compromise or appear to

17 compromise—

18 ‘‘(1) the ability of the Department of Defense,

19 any employee of the Department or members of the

20 armed forces to carry out the responsibility or duty

21 of the Department in a fair and objective manner;

22 or

23 ‘‘(2) the integrity of any program of the De24 partment of Defense or any person involved in such

25 a program.
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1 ‘‘(d) ADMINISTRATION.—The Secretary may take the

2 following actions in furtherance of the mission of Regional

3 Centers operated under this section:

4 ‘‘(1) EMPLOYMENT AND COMPENSATION OF

5 FACULTY AND STAFF.—Notwithstanding the provi6 sions of title 5, United States Code, regarding ap7 pointment, pay and classification, the Secretary may

8 employ such civilian directors, faculty and staff

9 members for Regional Centers operated under this

10 section as the Secretary determines necessary.

11 ‘‘(2) WAIVER OF COSTS.—The Secretary may

12 waive reimbursement of the cost of conferences, sem13 inars, courses of instruction or similar educational

14 activities of such Regional Centers for foreign par15 ticipants if the Secretary determines that attendance

16 of such personnel without reimbursement is in the

17 national security interests of the United States.

18 ‘‘(3) PAYMENT OF EXPENSES.—In addition to

19 waiver of reimbursement of costs described in para20 graph (2), the Secretary of Defense may pay the

21 travel, subsistence, and similar personal expenses of

22 foreign participants in connection with the attend23 ance of such personnel at conferences, seminars,

24 courses of instruction, or similar educational activi25 ties of such Regional Centers if the Secretary deter-
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1 mines that payment of such expenses is in the na2 tional security interest of the United States.

3 ‘‘(e) REPORT TO CONGRESS.—The Secretary shall re4 port annually to the appropriate committees of Congress

5 on the status, objectives, operations and foreign participa6 tion of the Regional Centers.

7 ‘‘(f) DEFINITIONS.—In this section:

8 ‘‘(1) The term ‘Appropriate committees of Con9 gress’ means the Committees on Armed Services of

10 the Senate and of the House of Representatives.

11 ‘‘(2) The term ‘Contribution’ means a contribu12 tion, gift or donation of funds, materials (including

13 research materials), property or services (including

14 lecture services and faculty services), but does not

15 include a contribution made pursuant to chapter 138

16 of this title.’’.

17 (b) CONFORMING AMENDMENTS.—(1) Section 1306

18 of the National Defense Authorization Act for Fiscal Year

19 1995, (Public Law 103–337; 108 Stat. 2892) is repealed.

20 (2) Section 1065 of the National Defense Authoriza21 tion Act for Fiscal Year 1997, (Public Law 104–201; 110

22 Stat. 2653) is amended as follows—

23 (A) by striking subsections (a) and (b); and

24 (B) by striking the subsection designator ‘‘(c)’’.
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1 (3) Section 1595 of title 10, United States Code, is

2 amended as follows—

3 (A) in subsection (c), by striking paragraphs

4 (3) and (5);

5 (B) by redesignating subparagraph (c)(4) as

6 subparagraph (c)(3); and

7 (C) by striking subsection (e).

8 (4) Section 2611 of title 10, United States Code, is

9 repealed.

10 (c) CLERICAL AMENDMENTS.—(1) The table of sec11 tions at the beginning of chapter 155 of such title 10 is

12 amended by striking the item relating to section 2611; and

13 (2) The table of sections at the beginning of chapter

14 6 of such title 10 is amended, by adding at the end the

15 following new item:

‘‘169. Regional Centers for Security Studies.’’.

16 SEC. 803. CHANGE OF NAME FOR AIR MOBILITY COMMAND.

17 (a) Section 2544(d) of title 10, United States Code,

18 is amended by striking ‘‘Military Airlift Command’’ and

19 inserting ‘‘Air Mobility Command’’.

20 (b) Section 2545(a) of such title 10 is amended by

21 striking ‘‘Military Airlift Command’’ and inserting ‘‘Air

22 Mobility Command’’.

23 (c) Section 8074 of such title 10 is amended by strik24 ing subsection (c).
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1 (d) Section 430(c) of title 37, United States Code,

2 is amended by striking ‘‘Military Airlift Command’’ and

3 inserting ‘‘Air Mobility Command’’.

4 (e) Section 432(b) of such title 37 is amended by

5 striking ‘‘Military Airlift Command’’ and inserting ‘‘Air

6 Mobility Command’’.

7 SEC. 804. TRANSFER OF INTELLIGENCE POSITIONS IN SUP8 PORT OF THE NATIONAL IMAGERY AND MAP9 PING AGENCY.

10 Section 1606 of title 10, United States Code, is

11 amended by striking ‘‘517’’ and inserting ‘‘544’’.

12 Subtitle B—Reports

Sec. 811. Amendment to National Guard and Reserve Component Equipment:

Annual Report to Congress.

Sec. 812. Elimination of Triennial Report on the Roles and Missions of the

Armed Forces.

Sec. 813. Change in Due Date of Commercial Activities Report.

13 SEC. 811. AMENDMENT TO NATIONAL GUARD AND RESERVE

14 COMPONENT EQUIPMENT: ANNUAL REPORT

15 TO CONGRESS.

16 Section 10541 of title 10, United States Code, is

17 amended to read as follows:

18 ‘‘(a) The Secretary of Defense shall submit to the

19 Congress each year, not later than March 1, a written re20 port concerning the equipment of the National Guard and

21 the Reserve components of the armed forces, to include

22 the U.S. Coast Guard Reserve. This report shall cover the

23 current fiscal year and three succeeding years. The focus
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1 should be on major items of equipment which address

2 large dollar-value requirements, critical Reserve compo3 nent shortages and major procurement items. Specific

4 major items of equipment shall include ships, aircraft,

5 combat vehicles and key combat support equipment.

6 ‘‘(b) Each annual report under this section should in7 clude the following:

8 ‘‘(1) Major items of equipment required and on9 hand in the inventories of each Reserve component.

10 ‘‘(2) Major items of equipment which are ex11 pected to be procured from commercial sources or

12 transferred from the Active component to the Re13 serve components of each Service.

14 ‘‘(3) Major items of equipment in the inven15 tories of each Reserve component which are sub16 stitutes for a required major item of equipment.

17 ‘‘(4) A narrative explanation of the plan of the

18 Secretary concerned to equip each Reserve compo19 nent, including an explanation of the plan to equip

20 units of the Reserve components that are short

21 major items of equipment at the outset of war or a

22 contingency operation.

23 ‘‘(5) A narrative discussing the current status

24 of the compatibility and interoperability of equip25 ment between the Reserve components and the ac-
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1 tive forces, the effect of that level of compatibility or

2 interoperability on combat effectiveness, and a plan

3 to achieve full equipment compatibility and inter4 operability.

5 ‘‘(6) A narrative discussing modernization

6 shortfalls and maintenance backlogs within the Re7 serve components and the effect of those shortfalls

8 on combat effectiveness.

9 ‘‘(7) A narrative discussing the overall age and

10 condition of equipment currently in the inventory of

11 each Reserve component.

12 ‘‘(c) Each report under this section shall be expressed

13 in the same format and with the same level of detail as

14 the information presented in the Future Years Defense

15 Program Procurement Annex prepared by the Department

16 of Defense.’’.

17 SEC. 812. ELIMINATION OF TRIENNIAL REPORT ON THE

18 ROLES AND MISSIONS OF THE ARMED

19 FORCES.

20 (a) REPEAL OF REQUIREMENT FOR REPORT ON AS21 SIGNMENT OF ROLES AND MISSIONS.—Section 153 of

22 title 10, United States Code, is amended—

23 (1) in subsection (a), by striking the catchline

24 and section designator ‘‘(a) PLANNING; ADVICE;

25 POLICY FORMULATION.—’’; and
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1 (2) by striking subsection (b).

2 (b) ROLES AND MISSIONS AS PART OF DEFENSE

3 QUADRENNIAL REVIEW.—Subsection 118(e) of such title

4 10 is amended by inserting after the first sentence the

5 following two new sentences: ‘‘The Chairman shall also in6 clude his assessment of the assignment of functions (or

7 roles and missions) to the Armed Forces and recommenda8 tions for change the Chairman considers necessary to

9 achieve the maximum efficiency of the Armed Forces. This

10 roles and missions assessment should consider the unnec11 essary duplication of effort among the armed forces and

12 changes in technology that can be applied effectively to

13 warfare.’’.

14 SEC. 813. CHANGE IN DUE DATE OF COMMERCIAL ACTIVI15 TIES REPORT.

16 Section 2461(g), title 10, United States Code is

17 amended by striking ‘‘February 1’’ and inserting ‘‘June

18 30’’.

19 Subtitle C—Other Matters

Sec. 821. Documents, Historical Artifacts, and Obsolete or Surplus Materiel:

Loan, Donation, or Exchange.

Sec. 822. Charter Air Transportation of Members of the Armed Forces.

20 SEC. 821. DOCUMENTS, HISTORICAL ARTIFACTS, AND OBSO21 LETE OR SURPLUS MATERIEL: LOAN, DONA22 TION, OR EXCHANGE.

23 (a) IN GENERAL.—Section 2572 of title 10, United

24 States Code, is amended—
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1 (1) in subsection (a), by striking ‘‘subsection

2 (c)’’ and inserting ‘‘subsection (c)(1)’’;

3 (2) in subsection (b), by striking ‘‘subsection

4 (c)’’ and inserting ‘‘subsection (c)(2)’’; and

5 (3) in subsection (c)—

6 (A) by striking ‘‘(c) This section’’ and in7 serting ‘‘(c)(1) Subsection (a)’’; and

8 (B) by adding at the end the following new

9 paragraph:

10 ‘‘(2) Subsection (b) applies to the following

11 types of property held by a military department or

12 the Coast Guard: books, manuscripts, works of art,

13 historical artifacts, drawings, plans, models, and ob14 solete or surplus materiel.’’.

15 (b) CONFORMING AMENDMENT.—The heading of

16 such section is amended by striking ‘‘condemned or obso17 lete combat’’ and inserting ‘‘obsolete or surplus’’.

18 SEC. 822. CHARTER AIR TRANSPORTATION OF MEMEBERS

19 OF THE ARMED FORCES.

20 Section 2640 of title 10, United States Code, is

21 amended—

22 (1) in subsection (a)(1)(A), by striking ‘‘an’’

23 after ‘‘contract with’’ and inserting ‘‘a domestic or

24 foreign’’;
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1 (2) in subsection (b)(5), by striking ‘‘check2 rides’’ and inserting ‘‘cockpit safety observations’’;

3 (3) in subsection (e), by striking ‘‘Military Air4 lift Command’’ and inserting ‘‘Air Mobility Com5 mand’’;

6 (4) in subsection (g), by striking ‘‘in an emer7 gency’’; and

8 (5) in subsection (j)(1), by striking ‘‘air car9 rier,’’

10 TITLE IX—GENERAL

11 PROVISIONS

12 Subtitle A—Matters Relating to

13 Other Nations

Sec. 901. Test and Evaluation Initiatives.

Sec. 902. Cooperative Research and Development Projects: Allied Countries.

Sec. 903. Recognition of Assistance from Foreign Nationals.

Sec. 904. Personal Service Contracts in Foreign Areas.

14 SEC. 901. TESTS AND EVALUATION INITIATIVES.

15 (a) AUTHORITY TO ENGAGE IN COOPERATIVE TESTS

16 AND EVALUATION AT U.S. AND FOREIGN RANGES AND

17 OTHER FACILITIES WHERE TESTING MAY BE CON18 DUCTED.—Chapter 138 of title 10, United States Code,

19 is amended by adding at the end the following new section:
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1 ‘‘§ 23501. Agreements for the cooperative use of

2 ranges and other facilities where testing

3 may be conducted

4 ‘‘(a) AUTHORITY TO ENTER INTO INTERNATIONAL

5 AGREEMENTS.—The Secretary of Defense, with the con6 currence of the Secretary of State, may enter into a

7 memorandum of understanding (or other formal agree8 ment) with an eligible country or international organiza9 tion for the purpose of reciprocal use of ranges and other

10 facilities where testing of defense equipment may be con11 ducted.

12 ‘‘(b) GENERAL NATURE OF AGREEMENT.—Formal

13 agreements reached under subsection (a) shall require re14 ciprocal use of test ranges and other facilities where test15 ing may be conducted in the United States and at such

16 ranges and facilities operated by an eligible country or

17 international organization.

18 ‘‘(c) PAYMENT OF COSTS.—Any agreement for the

19 reciprocal use of ranges and other facilities where testing

20 may be conducted shall contain the following pricing prin21 ciples for reciprocal application:

22 ‘‘(1) The price charged a recipient country for

23 test and evaluation services furnished by the officers,

24 employees, or governmental agencies of the sup25 plying country or international organization, shall be

26 the direct costs to the supplying country or inter-
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1 national organization that are incurred as a result of

2 the test and evaluation services acquired by the re3 cipient country or international organization.

4 ‘‘(2) The recipient country or international or5 ganization may be charged for indirect costs related

6 to the use of the range or other facility where test7 ing may be conducted only as specified in the memo8 randum of understanding or other formal agree9 ment.

10 ‘‘(d) RETENTION OF FUNDS COLLECTED FROM ELI11 GIBLE COUNTRIES AND INTERNATIONAL ORGANIZA12 TIONS.—Amounts collected under subsection (c) from an

13 eligible country or international organization shall be cred14 ited to the appropriation accounts under which such costs

15 were incurred.

16 ‘‘(e) DEFINITIONS.—In this section:

17 ‘‘(1) Direct cost means any item of cost that is

18 easily and readily identified to a specific unit of

19 work or output within the range or facility where

20 such testing and evaluation occurred, that would not

21 have been incurred if such testing and evaluation

22 had not taken place. Direct cost may include labor,

23 materials, facilities, utilities, equipment, supplies,

24 and any other resources of the range or facility

25 where such test and evaluation occurred, that is con-
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1 sumed or damaged during such test and evaluation,

2 or maintained for the recipient country or inter3 national organization.

4 ‘‘(2) Indirect costs means any item of cost that

5 cannot readily, or directly, be identified to a specific

6 unit of work or output. Indirect cost may include

7 general and administrative expenses for the sup8 porting base operations, manufacturing expenses, su9 pervision, office supplies, utility, costs, etc. Such

10 costs are accumulated in a cost pool and allocated

11 to customers appropriately.

12 ‘‘(f) DELEGATION OF AUTHORITY.—The Secretary

13 may delegate to the Deputy Secretary of Defense and to

14 the head of one designated office of his choosing the au15 thority to determine the appropriateness of the amount

16 of indirect costs included in such charges.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of such chapter is amended by adding

19 at the end the following new item:

‘‘23501. Agreements for the cooperative use of ranges and other facilities where

testing may be conducted.’’.

20 (c) AUTHORITY TO USE MAJOR RANGE AND TEST

21 FACILITY INSTALLATIONS OF THE MILITARY DEPART22 MENTS UNDER THE DEPARTMENT OF DEFENSE CON23 TRACT.—Section 2681(c) of title 10, United States Code,

24 is amended—
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1 (1) by inserting ‘‘(1)’’ after ‘‘(c)’’; and

2 (2) by adding at the end the following new

3 paragraph:

4 ‘‘(2) Notwithstanding the requirement for reim5 bursement of all direct costs under subparagraph

6 (1), a contractor, using a Major Range and Test Fa7 cility Base installation in support of a Department

8 of Defense requirement, may be provided access to

9 and use of the Major Range and Test Facility Base

10 Installations and charged for services for purposes of

11 the contract utilizing the same criteria as would be

12 applied to use of a Major Range and Test Facility

13 Base Installation by an activity or agency of the De14 partment of Defense. A contractor of a Department

15 or agency of the Federal Government other than the

16 Department of Defense shall be provided access to

17 and use of a Major Range and Test Facility Base

18 Installation and services in support of such contract

19 at the discretion of the Secretary of Defense, and

20 may be charged for access, use and services on the

21 same basis as the Federal government Department

22 or agency funding the contract.’’.
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1 SEC.ll.COOPERATIVE RESEARCH AND DEVELOPMENT

2 PROJECTS: ALLIED COUNTRIES.

3 Section 2350a of title 10, United States Code, is

4 amended as follows:

5 (1) In the title for Section 2350a—by striking

6 out ‘‘allied’’ and inserting ‘‘NATO ally, major non7 NATO ally, other friendly foreign country, or NATO

8 organization’’.

9 (2) Paragraph (a) is amended by striking ‘‘one

10 or more major allies of the United States or NATO

11 organizations’’ and inserting ‘‘the North Atlantic

12 Treaty Organization (NATO) or with one or more

13 member countries of that Organization, or with any

14 major non-NATO ally or other friendly foreign coun15 try or NATO organization’’.

16 (3) Paragraph (b)(1) is amended—

17 (A) by striking ‘‘(1)’’;

18 (B) by striking ‘‘the North Atlantic Treaty

19 Organization (NATO)’’ and inserting ‘‘NATO’’;

20 (C) by striking ‘‘its major non-NATO al21 lies.’’ and inserting ‘‘a NATO ally, a major

22 non-NATO ally or other friendly foreign coun23 try or NATO organization.’’.

24 (4) Paragraph (b)(2) is amended by striking

25 ‘‘The authority of the Secretary to make a deter26 mination under paragraph (1) may only be delegated
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1 to the Deputy Secretary of Defense or the Under

2 Secretary of Defense for Acquisition and Tech3 nology.’’ and inserting ‘‘The authority of the Sec4 retary to make a determination under paragraph (1)

5 may be delegated only to the Deputy Secretary of

6 Defense and to one other official the Secretary so

7 determines.’’.

8 (5) Paragraph (d)(1) is amended by striking

9 ‘‘the major allies of the United States’’ and inserting

10 ‘‘a NATO ally, a major non-NATO ally or other

11 friendly foreign country or NATO organization’’.

12 (6) Paragraph (d)(2) is amended by striking

13 ‘‘major ally of the United States’’ and inserting ‘‘a

14 NATO ally, a major non-NATO ally or other fdendly

15 foreign country or NATO organization’’.

16 (7) Paragraph (e)(1)(B)(2)(A) is amended by

17 striking ‘‘one or more of the major allies of the

18 United States.’’ and inserting ‘‘a NATO ally, a

19 major non-NATO ally or other friendly foreign coun20 try or NATO organization.’’.

21 (8) Paragraph (e)(1)(B)(2)(B) in amended by

22 striking ‘‘one or more major allies of the United

23 States or NATO organizations’’ and inserting ‘‘a

24 NATO ally, a major non-NATO ally or other friend25 ly foreign country or NATO organization’’.
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1 (9) Paragraph (e)(1)(B)(2)(C) is amended by

2 striking ‘‘one or more major allies of the United

3 States’’ and inserting ‘‘a NATO ally, a major non4 NATO ally or other friendly foreign country or

5 NATO organization’’.

6 (10) Paragraph (e)(1)(B)(2)(D) in amended by

7 striking ‘‘one or more major allies of the United

8 States’’ and inserting ‘‘a NATO ally, a major non9 NATO ally or other friendly foreign country or

10 NATO organization’’.

11 (11) Paragraph (f)(B)(1) is amended by strik12 ing ‘‘(1)’’.

13 (12) Paragraph (f)(B)(2) is amended by strik14 ing ‘‘The Secretary of Defense and the Secretary of

15 State, whenever they consider such action to be war16 ranted, shall jointly submit to the Committee on

17 Armed Services and the Committee on Foreign Rela18 tions of the Senate and the Committee on National

19 Security and the Committee on International Rela20 tions of the House of Representatives a report—(A)

21 enumerating those countries to be added to or de22 leted from the existing designation of countries des23 ignated as major non-NATO allies for purposes of

24 this section; and (B) specifying the criteria used in

25 determining the eligibility of a country to be des-
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1 ignated as a major non-NATO ally for purposes of

2 this section.’’.

3 (13) Paragraph (g)(1)(A) is amended by strik4 ing ‘‘major allies of the United States and other

5 friendly foreign countries.’’ and inserting ‘‘a NATO

6 ally, a major non-NATO ally or other friendly for7 eign country or NATO organization’’.

8 (14) Paragraph (i) is amended by striking ‘‘(2)

9 The term ‘‘major ally of the United States’’

10 means—(A) a member nation of the North Atlantic

11 Treaty Organization (other than the United States);

12 or (B) a major non-NATO ally.’’.

13 (15) Paragraph (i)(1) is amended by striking

14 ‘‘one or more major allies of the United States or

15 NATO organizations’’ and inserting ‘‘a NATO ally,

16 a major non-NATO ally or other friendly foreign

17 country or NATO organization’’.

18 SEC. 903. RECOGNITION OF ASSISTANCE FROM FOREIGN

19 NATIONALS.

20 (a) IN GENERAL.—Chapter 57 of title 10, United

21 States Code, is amended by inserting after section 1133

22 the following:
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1 ‘‘§ 1134. Recognition of assistance from foreign na2 tionals

3 ‘‘The Secretary of Defense may issue regulations,

4 with the concurrence of the Secretary of State, authorizing

5 members of the armed forces or civilian officers or employ6 ees of the Department of Defense to present to foreign

7 nationals plaques, trophies, non-currency coins, certifi8 cates, and other suitable commemorative items or memen9 tos to recognize achievements or performance, not involv10 ing combat, that assists the armed forces of the United

11 States.’’.

12 (b) CLERICAL AMENDMENT.—The table of sections

13 at the beginning of such chapter is amended by inserting

14 after the item relating to section 1133 the following new

15 item:

‘‘1134. Recognition of assistance from foreign nationals.’’.

16 SEC. 904. PERSONAL SERVICE CONTRACTS IN FOREIGN

17 AREAS.

18 Under such regulations as the Secretary of State,

19 with the concurrence of the Secretary of Defense, may pre20 scribe, the Department of State shall use authority avail21 able to the Department of State to enter into personal

22 services contracts with individuals to perform services in

23 support of the Department of Defense in foreign coun24 tries.
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1 Subtitle B—Department of Defense

2 Civilian Personnel

Sec. 911. Removal of Limits on the Use of Voluntary Early Retirement Authority and Voluntary Separation Incentive Pay for Fiscal Years

2002 and 2003.

Sec. 912. Authority for Designated Civilian Employees Abroad to Act as a Notary.

Sec. 913. Inapplicability of Requirement for Studies and Reports When All Directly Affected Department of Defense Civilian Employees Are

Reassigned to Comparable Federal Positions.

Sec. 914. Preservation of Civil Service Rights for Employees of the Former Defense Mapping Agency.

Sec. 915. Financial Assistance to Certain Employees in Acquisition of Critical

Skills.

Sec. 916. Pilot Program for Payment of Retraining Expenses.

3 SEC. 911. REMOVAL OF LIMITS ON THE USE OF VOLUNTARY

4 EARLY RETIREMENT AUTHORITY AND VOL5 UNTARY SEPARATION INCENTIVE PAY FOR

6 FISCAL YEARS 2002 AND 2003.

7 Section 1153(b) of the Floyd D. Spence National De8 fense Authorization Act for Fiscal Year 2001 (Public Law

9 106–398, 114 Stat. 1654A–323) is amended—

10 (1) in paragraph (1), by striking ‘‘(1) Subject

11 to paragraph (2), the’’ and inserting ‘‘The’’;

12 (2) by striking paragraph (2); and

13 (3) by redesignating subparagraphs (A) and

14 (B) as paragraphs (1) and (2).

15 SEC. 912. AUTHORITY FOR DESIGNATED CIVILIAN EMPLOY16 EES ABROAD TO ACT AS A NOTARY.

17 (a) CLARIFICATION OF STATUS OF CIVILIAN ATTOR18 NEYS ACTING AS A NOTARY.—Section 1044a(b)(2) of title

19 10, United States Code, is amended by striking ‘‘legal as-
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1 sistance officers’’ and inserting ‘‘legal assistance attor2 neys’’.

3 (b) AUTHORITY FOR DESIGNATED CIVILIAN EM4 PLOYEES ABROAD TO ACT AS A NOTARY.—Subsection

5 (b)(4) of such section 1044a is amended by inserting

6 ‘‘and, when outside the United States, all civilian employ7 ees of the armed forces of suitable training,’’ after ‘‘duty

8 status’’.

9 SEC. 913. INAPPLICABILITY OF REQUIREMENT FOR STUD10 IES AND REPORTS WHEN ALL DIRECTLY AF11 FECTED DEPARTMENT OF DEFENSE CIVILIAN

12 EMPLOYEES ARE REASSIGNED TO COM13 PARABLE FEDERAL POSITIONS.

14 Section 2461 of title 10, United States Code, is

15 amended by adding at the end the following new sub16 section:

17 ‘‘(i) INAPPLICABILITY WHEN ALL DIRECTLY AF18 FECTED DEPARTMENT OF DEFENSE CIVILIAN EMPLOY19 EES ARE REASSIGNED TO COMPARABLE FEDERAL POSI20 TIONS.—The provisions of this section shall not apply

21 when all directly affected Department of Defense civilian

22 employees serving on permanent appointments are reas23 signed to comparable Federal positions for which they are

24 qualified.’’.
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1 SEC. 914. PRESERVATION OF CIVIL SERVICE RIGHTS FOR

2 EMPLOYEES OF THE FORMER DEFENSE MAP3 PING AGENCY.

4 Notwithstanding section 1612 of title 10, United

5 States Code, the provisions of subchapters II and IV (sec6 tions 7511 through 7514 and sections 7531 through 7533,

7 respectively) of chapter 75 of title 5, United States Code,

8 continue to apply, for as long as the employee continues

9 to serve as a Department of Defense employee in the Na10 tional Imagery and Mapping Agency without a break in

11 service, to each of those former Defense Mapping Agency

12 employees who occupied positions established under title

13 5, United States Code, and who on October 1, 1996, be14 came employees of the National Imagery and Mapping

15 Agency under paragraph 1601 (a)(1) of title 10, United

16 States Code pursuant to Title XI of the National Defense

17 Authorization Act for Fiscal Year 1997 (Public Law 104–

18 20 1; 110 Stat. 2675, et seq.) and for whom the provisions

19 of chapter 75 of title 5, United States Code, applied before

20 October 1, 1996. Each such employee, at any time, may

21 elect in writing to waive the provisions of this section, in

22 which case such waiver shall be permanent as to that em23 ployee.
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1 SEC. 915. FINANCIAL ASSISTANCE TO CERTAIN EMPLOYEES

2 IN ACQUISITION OF CRITICAL SKILLS.

3 The Secretary of Defense may provide the Director,

4 National Imagery and Mapping Agency, the authority to

5 establish an undergraduate training program with respect

6 to civilian employees of the National Imagery and Map7 ping Agency that is similar in purpose, conditions, con8 tent, and administration to the program which the Sec9 retary of Defense is authorized to establish for civilian em10 ployees of the National Security Agency under section 16

11 of the National Security Agency Act of 1959 (50 U.S.C.

12 402 note).

13 SEC. 916. PILOT PROGRAM FOR PAYMENT OF RETRAINING

14 EXPENSES.

15 (a) IN GENERAL.—Chapter 141 of title 10, United

16 States Code, is amended by adding at the end the fol17 lowing new section:

18 ‘‘§ 2410o. Pilot program for payment of retraining ex19 penses

20 ‘‘(a) AUTHORITY.—The Secretary of Defense may es21 tablish a pilot program for the payment of retraining ex22 penses in accordance with this section to facilitate the re23 employment of eligible employees of the Department of

24 Defense who are being involuntarily separated due to a

25 reduction-in-force or due to relocation resulting from

26 transfer of function, realignment, or change of duty sta-
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1 tion. Under the pilot program, the Secretary may pay re2 training incentives to encourage non-Federal employers to

3 hire and retain such employees.

4 ‘‘(b) ELIGIBLE EMPLOYEES.—For purposes of this

5 section, an eligible employee is an employee of the Depart6 ment of Defense, serving under an appointment without

7 time limitation, who has been employed by the Depart8 ment of Defense for a continuous period of at least 12

9 months and who has been given notice of separation pur10 suant to a reduction in force, except that such term does

11 not include—

12 ‘‘(1) a re-employed annuitant under subchapter

13 III of chapter 83 of title 5, United States Code,

14 chapter 84 of such title, or another retirement sys15 tem for employees of the Government;

16 ‘‘(2) an employee who, upon separation from

17 Federal service, is eligible for an immediate annuity

18 under subchapter III of chapter 83 of title 5, United

19 States Code, or subchapter II of chapter 84 of such

20 title; or

21 ‘‘(3) an employee who is eligible for disability

22 retirement under any of the retirement systems re23 ferred to in paragraph (1).

24 ‘‘(c) RETRAINING INCENTIVE.—(1) Under the pilot

25 program, the Secretary may enter into an agreement with
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1 a non-Federal employer under which the non-Federal em2 ployer agees—

3 ‘‘(A) to employ an eligible person referred to in

4 subsection (a) for at least 12 months for a salary

5 that is mutually agreeable to the employer and such

6 person; and

7 ‘‘(B) to certify to the Secretary the cost in8 curred by the employer for any necessary training,

9 as defined by the Secretary, provided to such eligible

10 employee in connection with the employment by that

11 employer.

12 ‘‘(2) The Secretary may pay a retraining incentive

13 to the non-Federal employer upon the employee’s comple14 tion of 12 months of continuous employment with that em15 ployer. Subject to this section, the Secretary shall pre16 scribe the amount of the incentive.

17 ‘‘(3) The Secretary may pay a prorated amount of

18 the full retraining incentive to the non-Federal employer

19 for an employee who does not remain employed by the

20 nonFederal employer for at least 12 months.

21 ‘‘(4) In no event may the amount of retraining incen22 tive paid for the training of any one person under the pilot

23 program exceed the amount certified for that person under

24 paragraph (1) or $10,000, whichever is greater.
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1 ‘‘(d) DURATION.—No incentive may be paid under

2 the pilot program for training commenced after September

3 30, 2005.

4 ‘‘(e) DEFINITIONS.—The following definitions apply

5 in this section:

6 ‘‘(1) The term ‘‘non-Federal employer’’ means

7 an employer that is not an Executive Agency, as de8 fined in section 105 of title 5, United States Code,

9 or the legislative or judicial branch of the Federal

10 Government.

11 ‘‘(2) ‘‘Reduction-in-force’’ and ‘‘transfer of

12 function’’ shall have the same meaning as in chapter

13 35 of title 5, United States Code.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of such Chapter 141 is amended by add16 ing at the end the following new item:

‘‘2410o. Pilot program for payment of retraining expenses.’’.

17 Subtitle C—Other Matters

Sec. 921. Authority to Ensure Demilitarization of Significant Military Equipment Formerly Owned by the Department of Defense.

Sec. 922. Motor Vehicles: Documentary Requirements for Transportation for

Military Personnel and Federal Employees on Change of Permanent Station.

Sec. 923. Department of Defense Gift Initiatives.

Sec. 924. Repeal of the Joint Requirements Oversight Council Semi-Annual Report.

Sec. 925. Access to Sensitive Unclassified Information.

Sec. 926. Water Rights Conveyance, Andersen Air Force Base, Guam.

Sec. 927. Repeal of Requirement For Separate Budget Request For Procurement of Reserve Equipment.

Sec. 928. Repeal of Requirement for Two-year Budget Cycle for the Department of Defense.
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1 SEC. 921. AUTHORITY TO ENSURE DEMILITARIZATION OF

2 SIGNIFICANT MILITARY EQUIPMENT FOR3 MERLY OWNED BY THE DEPARTMENT OF DE4 FENSE.

5 (a) IN GENERAL.—Chapter 153 of title 10, United

6 States Code, is amended by inserting after section 2572

7 the following new section:

8 ‘‘§ 2573. Continued authority to require demilitariza9 tion of significant military equipment

10 after disposal

11 ‘‘(a) AUTHORITY TO REQUIRE DEMILITARIZA12 TION.—The Secretary of Defense may require any person

13 in possession of significant military equipment formerly

14 owned by the Department of Defense—

15 ‘‘(1) to demilitarize the equipment:

16 ‘‘(2) to have the equipment demilitarized by a

17 third party; or

18 ‘‘(3) to return the equipment to the Govern19 ment for demilitarization.

20 ‘‘(b) COST AND VALIDATION OF DEMILITARIZA21 TION.—When the demilitarization of significant military

22 equipment is carried out by the person in possession of

23 the equipment pursuant to paragraph (1) or (2) of sub24 section (a), the person shall be solely responsible for all

25 demilitarization costs, and the United States shall have
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1 the right to validate that the equipment has been demili2 tarized.

3 ‘‘(c) RETURN OF EQUIPMENT TO GOVERNMENT.—

4 When the Secretary of Defense requires the return of sig5 nificant military equipment for demilitarization by the

6 Government, the Secretary shall bear all costs to transport

7 and demilitarize the equipment. If the person in possession

8 of the significant military equipment obtained the property

9 in the manner authorized by law or regulation and the

10 Secretary determines that the cost to demilitarize and re11 turn the property to the person is prohibitive, the Sec12 retary shall reimburse the person for the purchase cost

13 of the property and for the reasonable transportation costs

14 incurred by the person to purchase the equipment.

15 ‘‘(d) ESTABLISHMENT OF DEMILITARIZATION

16 STANDARDS.—The Secretary shall issue regulations to

17 prescribe what constitutes demilitarization for each type

18 of significant military equipment, with the objective of en19 suring that the equipment does not pose a significant risk

20 to public safety and does not provide a significant weapon

21 capability or military-unique capability and ensure that

22 any person from whom private property is taken for public

23 use under this section receives just compensation.

24 ‘‘(e) EXCEPTIONS.—This section does not apply—
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1 ‘‘(1) when a person is in possession of signifi2 cant military equipment formerly owned by the De3 partment of Defense for the purpose of demili4 tarizing the equipment pursuant to a Government

5 contract.

6 ‘‘(2) to small arms weapons issued under the De7 fense Civilian Marksmanship Program established in Title

8 36, United States Code.

9 ‘‘(3) to issues by the Department of Defense to

10 museums where modified demilitarization has been per11 formed in accordance with the Department of Defense De12 militarization Manual, DoD 4160.21–M–1; or

13 ‘‘(4) to other issues and un-demilitarized sig14 nificant military equipment under the provisions of

15 the provisions of the Department of Defense Demili16 tarization Manual, DoD 4160.21–M–1.

17 ‘‘(f) DEFINITION OF SIGNIFICANT MILITARY EQUIP18 MENT.—In this section, the term ‘‘significant military

19 equipment’’ means—

20 ‘‘(1) an article for which special export controls

21 are warranted under the Arms Export Control Act

22 (22 U.S.C. 2751 et seq.) because of its capacity for

23 substantial military utility or capability, as identified

24 on the United States Munitions List maintained
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1 under section 121.1 of title 22, Code of Federal

2 Regulations; and 46

3 (2) any other article designated by the Depart4 ment of Defense as requiring demilitarization before

5 its disposal.’’.

6 (b) CLERICAL AMENDMENT.—The table of sections

7 at the beginning of such chapter is amended by inserting

8 after the item relating to section 2572 the following new

9 item:

‘‘2573. Continued authority to require demilitarization of significant military

equipment after disposal.’’.

10 SEC. 922. MOTOR VEHICLES: DOCUMENTARY REQUIRE11 MENTS FOR TRANSPORTATION FOR MILI12 TARY PERSONNEL AND FEDERAL EMPLOY13 EES ON CHANGE OF PERMANENT STATION.

14 (a) MILITARY PERSONNEL.—Section 2634 of title

15 10, United States Code, is amended as follows:

16 (1) by redesignating subsections (f), (g) and (h)

17 as subsections (g), (h), and (i) respectively; and

18 (2) by inserting after subsection (e) the fol19 lowing new subsection;

20 ‘‘(f) Motor vehicles transported under this section are

21 not subject to the provisions of the Anti Car Theft Act

22 of 1992, as amended, or any implementing regulations.

23 The Secretary of Defense (and the Secretary of Transpor24 tation with respect to the Coast Guard when it is not oper-
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1 ating as a Service in the Navy) will prescribe regulations

2 designed to ensure members do not present for shipment

3 stolen vehicles.’’.

4 (b) CIVILIAN EMPLOYEES.—Section 5727 of title 5,

5 United States Code, is amended as follows:

6 (1) by redesignating subsection (f) as sub7 section (g); and

8 (2) by inserting after subsection (e) the fol9 lowing new subsection:

10 ‘‘(f) Motor vehicles transported under this section are

11 not subject to the provisions of the Anti Car Theft Act

12 of 1992, as amended, or any implementing regulations.

13 Regulations prescribed under section 5738 of this title will

14 include provisions designed to ensure employees do not

15 present for shipment stolen motor vehicles under sub16 section (b) of this section.’’.

17 SEC. 923. DEPARTMENT OF DEFENSE GIFT INITIATIVES.

18 (a) LOAN OR GIFT OF OBSOLETE MATERIAL AND

19 ARTICLES OF HISTORICAL INTEREST.—Section 7545 of

20 title 10, United States Code, is amended—

21 (1) in subsection (a)—

22 (A) by inserting the following catchline

23 after the subsection designator: ‘‘ADDITIONAL

24 ITEMS TO BE DONATED BY THE SECRETARY

25 OF THE NAVY.’’;
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1 (B) by striking ‘‘books, manuscripts, works

2 of art, drawings,’’ and all that follows to the

3 dash and inserting ‘‘obsolete combat or ship4 board material not needed by the Department

5 of the Navy, to’’;

6 (C) in paragraph (5), by striking ‘‘World

7 War I or World War 11’’ and inserting ‘‘a for8 eign war.’’;

9 (D) in paragraph (6), by striking ‘‘sol10 diers’’ and inserting ‘‘servicemen’s’’; and

11 (E) in paragraph (8), by inserting ‘‘or me12 morial’’ after ‘‘a museum’’; and

13 (2) in subsection (b), by inserting the following

14 catchline after the subsection designator: ‘‘MAINTE15 NANCE OF THE RECORDS OF THE GOVERN16 MENT.—’’;

17 (3) in subsection (c), by inserting the following

18 catchline after the subsection designator: ‘‘SECRE19 TARIAL AUTHORITY TO MAKE GIFTS OR LOANS.—

20 ’’; and

21 (4) by adding at the end the following new sub22 section:

23 ‘‘(d) AUTHORITY TO TRANSFER A PORTION OF A

24 VESSEL.—The Secretary may lend, give or otherwise

25 transfer any portion of the hull or superstructure of a ves-
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1 sel stricken from the Naval Vessel Register and designated

2 for scrapping to a qualified organization listed under sub3 section (a). The terms and conditions of any agreement

4 for the transfer of a portion of a vessel under this section

5 shall include a requirement that the transferee will main6 tain the material conveyed in a condition that will not di7 minish the historical value of the material or bring dis8 credit upon the Navy.’’.

9 (b) LOAN, GIFT, OR EXCHANGE OF DOCUMENTS,

10 HISTORICAL ARTIFACTS, AND CONDEMNED OR OBSO11 LETE, COMBAT MATERIAL.—Section 2572(a)(1) of such

12 title 10 is amended by striking the period after ‘‘A munic13 ipal corporation’’ and inserting county or other political

14 subdivision of a state.’’.

15 SEC. 924. REPEAL OF THE JOINT REQUIREMENTS OVER16 SIGHT COUNCIL SEMI-ANNUAL REPORT.

17 Section 916 of the Floyd D. Spence National Defense

18 Authorization Act for Fiscal Year 2001 (Public Law 106–

19 398; 114 Stat. 1654) is repealed.

20 SEC. 925. ACCESS TO SENSITIVE UNCLASSIFIED INFORMA21 TION.

22 (a) IN GENERAL.—Chapter 137 of title 10, United

23 States Code, is amended by adding at the end the fol24 lowing new section:
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1 § ‘‘2332. Limited access to sensitive unclassified infor2 mation by administrative support con3 tractors

4 ‘‘(a) AUTHORITY.—-Notwithstanding sections 552a

5 of title 5, 2320 of title 10, and 1905 of title 18, United

6 States Code, the Secretary of Defense may provide admin7 istrative support contractors with limited access to, and

8 use of, sensitive unclassified information, provided that—

9 ‘‘(1) such disclosure is not otherwise prohibited

10 by law;

11 ‘‘(2) access shall be limited to sensitive unclas12 sified information that is necessary for the adminis13 trative support contractor to perform contractual

14 duties;

15 ‘‘(3) administrative support contractors shall be

16 subject to the same restrictions on using, reproduc17 ing, modifying, performing, displaying, releasing or

18 disclosing such sensitive unclassified information as

19 are applicable to employees of the United States;

20 and

21 ‘‘(4) administrative support contractors shall be

22 subject to the same civil and criminal penalties for

23 unauthorized disclosure or use of such sensitive un24 classified information as are applicable to employees

25 of the United States.
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1 ‘‘(b) DEFINITIONS.—The following definitions apply

2 to this section:

3 ‘‘(1) The term ‘‘sensitive unclassified informa4 tion’’ means all unclassified information for which

5 disclosure to an administrative support contractor is

6 prohibited by the Privacy Act (5 U.S.C. § 552a); sec7 tion 2320 of this title; or the Trade Secrets Act (18

8 U.S.C. § 1905).

9 ‘‘(2) The term ‘‘administrative support con10 tractor’’ means any officer or employee of a con11 tractor or subcontractor who performs any of the

12 following for or on behalf of the Department of De13 fense: secretarial or clerical support; provisioning or

14 logistics support; data entry; document reproduction,

15 scanning, or imaging; operation, management, or

16 maintenance of paper-based or electronic mail

17 rooms, file rooms, or libraries; installation, oper18 ation, management, or maintenance of internet or

19 intranet systems, networks, or computer systems;

20 and facilities or information security.’’.

21 (b) CLERICAL AMENDNENT.—The table of sections

22 at the beginning of such chapter 137 is amended by add23 ing at the end the following new item:

‘‘2332. Limited access to sensitive unclassified information by administrative

support contractors.’’.
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1 SEC. 926. WATER RIGHTS CONVEYANCE, ANDERSEN AIR

2 FORCE BASE, GUAM.

3 (a) AUTHORITY TO CONVEY.—In conjunction with

4 the conveyance of a utility system under the authority of

5 section 2688 of title 10, United States Code, and in ac6 cordance with all the requirements of that section, the Sec7 retary of the Air Force may convey all right, title, and

8 interest of the United States, or such lesser estate as the

9 Secretary considers appropriate to serve the interests of

10 the United States, in the water rights related to Andy

11 South (also known as the Andersen Administrative Annex,

12 MARBO (Marianas Bonins Base Command), and the An13 dersen Water Supply Annex (also known as the Tumon

14 Water Well or the Tumon Maui Well), Air Force prop15 erties located on Guam.

16 (b) ADDITIONAL REQUIREMENTS.—The Secretary

17 may exercise the authority contained in subsection (a) only

18 if—

19 (1) the Secretary has determined that there ex20 ists adequate supplies of potable groundwater under

21 Andersen Air Force Base that are sufficient to meet

22 the current and long-term requirements of the in23 stallation for water;

24 (2) the Secretary has determined that such sup25 plies of groundwater are economically obtainable;

26 and,
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1 (3) the Secretary requires the conveyee to pro2 vide a water system capable of meeting the water

3 supply needs of Anderson Air Force Base, as deter4 mined by the Secretary.

5 (c) INTERIM WATER SUPPLIES.—If the Secretary de6 termines that it is in the best interests of the United

7 States to transfer title to the water rights and utility sys8 tems at Andy South and Andersen Water Supply Annex

9 prior to placing into service a new replacement water sys10 tem and well field on Andersen Air Force Base, the Sec11 retary may require that the United States have the pri12 mary right to all water produced from Andy South and

13 Andersen Water Supply Annex until such new replacement

14 water system and well field is placed into service and oper15 ates to the satisfaction of the Secretary. In exercising the

16 authority of this subsection, the Secretary may retain a

17 reversionary interest in the water rights and utility sys18 tems at Andy South and Andersen Water Supply Annex

19 until such time as the new replacement water system and

20 well field is placed into service and operates to the satis21 faction of the Secretary.

22 (d) SALE OF EXCESS WATER AUTHORIZED.—(1) If

23 the Secretary exercises the authority contained in sub24 section (a), he may provide in any such conveyance that

25 the conveyee of the water system may sell to public or
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1 private entities such water from Andersen Air Force Base

2 as the Secretary determines to be excess to the needs of

3 the United States. In the event the Secretary authorizes

4 the conveyee to resell water, the Secretary shall negotiate

5 a reasonable return to the United States of the value of

6 such excess water sold by the conveyee, which return the

7 Secretary may receive in the form of reduced charges for

8 utility services provided by the conveyee.

9 (2) If the Secretary cannot meet the requirements of

10 subsection (c), and the Secretary determines to proceed

11 with a water utility system conveyance under section 2688

12 of title 10, United States Code, without the conveyance

13 of water rights, the Secretary may provide in any such

14 conveyance that the conveyee of the water system may sell

15 to public or private entities such water from Andy South

16 and Andersen Water Supply Annex as the Secretary deter17 mines to be excess to the needs of the United States. The

18 Secretary will negotiate a reasonable return to the United

19 States of the value of such excess water sold by the

20 conveyee, which return the Secretary may receive in the

21 form of reduced charges for utility services provided by

22 the conveyee.

23 (e) DEFINITIONS.—(1) For purposes of this section,

24 ‘‘Andersen Air Force Base’’ means the Main Base and

25 Northwest Field.
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1 (2) The water rights referred to in subsection (a)

2 shall be considered as part of a ‘‘utility system’’ as that

3 term is defined in section 2688(g)(2) of title 10, United

4 States Code.

5 (f) APPLICATION OF THE OTHER LAND DISPOSAL

6 ACTS.—The water rights related to Andy South and An7 dersen Water Supply Annex shall not be considered as real

8 property for purposes of the Act of November 13, 2000,

9 to amend the Organic Act of Guam, and for other pur10 poses (Public Law 106–504; 114 Stat. 2309) and the Fed11 eral Property and Administrative Services Act of 1949 (40

12 U.S.C. 471, et seq.).

13 SEC. 927. REPEAL OF REQUIREMENT FOR SEPARATE BUDG14 ET REQUEST FOR PROCUREMENT OF RE15 SERVE EQUIPMENT.

16 Section 114(e) of title 10, United States Code, is re17 pealed.

18 SEC. 928. REPEAL OF REQUIREMENT FOR TWO-YEAR BUDG19 ET CYCLE FOR THE DEPARTMENT OF DE20 FENSE.

21 Section 1405 of the Department of Defense Author22 ization Act, 1986 (31 U.S.C. 1105 note) is repealed.

Æ