In the House of Representatives, U. S.,

October 17, 2001.

Resolved, That the bill from the Senate (S. 1438) entitled ‘‘An Act to authorize appropriations for fiscal year 2002

for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes’’, do

pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Defense Au3 thorization Act for Fiscal Year 2002’’.

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

5 CONTENTS.

6 (a) DIVISIONS.—This Act is organized into three divi7 sions as follows:

8 (1) Division A—Department of Defense Author9 izations.

10 (2) Division B—Military Construction Author11 izations.
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1 (3) Division C—Department of Energy National

2 Security Authorizations and Other Authorizations.

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

4 this Act is as follows:

Sec. 1. Short title; findings.

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

Sec. 3. Congressional defense committees defined.

DIVISION A—DEPARTMENT OF DEFENSE

AUTHORIZATIONS

TITLE I—PROCUREMENT

Subtitle A—Authorization of Appropriations

Sec. 101. Army.

Sec. 102. Navy and Marine Corps.

Sec. 103. Air Force.

Sec. 104. Defense-wide activities.

Sec. 105. Defense Inspector General.

Sec. 106. Chemical demilitarization program.

Sec. 107. Defense health programs.

Sec. 108. Additional amount for shipbuilding and conversion, Navy.

Subtitle B—Army Programs

Sec. 111. Extension of multiyear contract for Family of Medium Tactical Vehicles.

Sec. 112. Repeal of limitations on bunker defeat munitions program.

Subtitle C—Air Force Programs

Sec. 121. Responsibility of Air Force for contracts for all defense space launches.

Sec. 122. Multi-year procurement of C–17 aircraft.

Subtitle D—Chemical Munitions Destruction

Sec. 141. Destruction of existing stockpile of lethal chemical agents and munitions.

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND

EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.
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Subtitle B—Program Requirements, Restrictions, and

Limitations

Sec. 211. Cooperative Department of Defense-Department of Veterans Affairs

medical research program.

Sec. 212. Advanced Land Attack Missile program.

Sec. 213. Collaborative program for development of advanced radar systems for

naval applications.

Sec. 214. Cost limitation applicable to F–22 aircraft program engineering and

manufacturing development.

Sec. 215. C–5 aircraft modernization.

Subtitle C—Ballistic Missile Defense

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

from Ballistic Missile Defense Organization to military departments.

Sec. 232. Repeal of program element requirements for ballistic missile defense

programs.

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

Energy.

Sec. 234. Missile defense testing initiative.

Sec. 235. Missile Defense System Test Bed Facilities.

Subtitle D—Other Matters

Sec. 241. Establishment of unmanned aerial vehicle joint operational test bed system.

Sec. 242. Demonstration project to increase small business and university participation in Office of Naval Research efforts to extend benefits of

science and technology research to fleet.

Sec. 243. Management responsibility for Navy mine countermeasures programs.

Sec. 244. Program to accelerate the introduction of innovative technology in defense acquisition programs.

Subtitle E—Air Force Science and Technology for the 21st

Century

Sec. 251. Short title.

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

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

program changes.

TITLE III—OPERATION AND MAINTENANCE

Subtitle A—Authorization of Appropriations

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home.

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

Subtitle B—Environmental Provisions

Sec. 311. Inventory of explosive risk sites at former military ranges.

Sec. 312. National security impact statements.
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Sec. 313. Reimbursement for certain costs in connection with Hooper Sands site,

South Berwick, Maine.

Sec. 314. River mitigation studies.

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

environmental response actions.

Subtitle C—Commissaries and Nonappropriated Fund

Instrumentalities

Sec. 321. Reserve component commissary benefits.

Sec. 322. Reimbursement for noncommissary use of commissary facilities.

Sec. 323. Civil recovery for nonappropriated fund instrumentality costs related to

shoplifting.

Subtitle D—Workforce and Depot Issues

Sec. 331. Workforce review limitations.

Sec. 332. Applicability of core logistics capability requirements to nuclear aircraft carriers.

Sec. 333. Continuation of contractor manpower reporting system in Department

of the Army.

Sec. 334. Limitation on expansion of Wholesale Logistics Modernization Program.

Sec. 335. Pilot project for exclusion of certain expenditures from limitation on

private sector performance of depot-level maintenance.

Sec. 336. Protections for purchasers of articles and services manufactured or performed by working-capital funded industrial facilities of the Department of Defense.

Subtitle E—Defense Dependents Education

Sec. 341. Assistance to local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian

employees.

Sec. 342. Availability of auxiliary services of defense dependents’ education system for dependents who are home school students.

Sec. 343. Report regarding compensation for teachers employed in teaching positions in overseas schools operated by the Department of Defense.

Subtitle F—Other Matters

Sec. 351. Availability of excess defense personal property to support Department

of Veterans Affairs initiative to assist homeless veterans.

Sec. 352. Continuation of limitations on implementation of Navy-Marine Corps

Intranet contract.

Sec. 353. Completion and evaluation of current demonstration programs to improve quality of personal property shipments of members.

Sec. 354. Expansion of entities eligible for loan, gift, and exchange of documents,

historical artifacts, and obsolete combat materiel.

Sec. 355. Sense of Congress regarding security to be provided at the 2002 Winter

Olympic Games.

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent end strength minimum levels.
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Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.

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

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

Subtitle C—Other Matters Relating to Personnel Strengths

Sec. 421. Increase in percentage by which active component end strengths for any

fiscal year may be increased.

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

Sec. 423. Increase in authorized strengths for Air Force officers on active duty

in the grade of major.

Subtitle D—Authorization of Appropriations

Sec. 431. Authorization of appropriations for military personnel.

TITLE V—MILITARY PERSONNEL POLICY

Subtitle A—General Personnel Management Authorities

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

positions.

Sec. 502. Original appointments in regular grades for Academy graduates and

certain other new officers.

Sec. 503. Temporary reduction of time-in-grade requirement for eligibility for

promotion for certain active-duty list officers in grades of first

lieutenant and lieutenant (junior grade).

Sec. 504. Increase in senior enlisted active duty grade limit for Navy, Marine

Corps, and Air Force.

Sec. 505. Authority for limited extension of medical deferment of mandatory retirement or separation.

Sec. 506. Authority for limited extension on active duty of members subject to

mandatory retirement or separation.

Sec. 507. Clarification of disability severance pay computation.

Sec. 508. Officer in charge of United States Navy Band.

Sec. 509. One-year extension of expiration date for certain force management authorities.

Subtitle B—Reserve Component Personnel Policy

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

for a period of three years or less.

Sec. 512. Expanded application of Reserve special selection boards.

Sec. 513. Exception to baccalaureate degree requirement for appointment of reserve officers to grades above first lieutenant.

Sec. 514. Improved disability benefits for certain reserve component members.

Sec. 515. Time-in-grade requirement for reserve component officers with a nonservice connected disability.

Sec. 516. Reserve members considered to be deployed for purposes of personnel

tempo management.
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Sec. 517. Funeral honors duty performed by Reserve and Guard members to be

treated as inactive-duty training for certain purposes.

Sec. 518. Members of the National Guard performing funeral honors duty while

in non-Federal status.

Sec. 519. Use of military leave for funeral honors duty by Reserve members and

National Guardsmen.

Sec. 520. Preparation for, participation in, and conduct of athletic competitions

by the National Guard and members of the National Guard.

Subtitle C—Joint Specialty Officers and Joint Professional

Military Education

Sec. 521. Nominations for joint specialty.

Sec. 522. Joint duty credit.

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

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

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

or flag officer grade.

Sec. 526. Independent study of joint officer management and joint professional

military education reforms.

Sec. 527. Professional development education.

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

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

Subtitle D—Military Education and Training

Sec. 531. Defense Language Institute Foreign Language Center.

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

of strategic studies.

Sec. 533. Increase in number of foreign students authorized to be admitted to the

service academies.

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

in Senior Reserve Officer Training Corps scholarship programs.

Sec. 535. Active duty participation as a cadet or midshipman in Senior ROTC

advanced training.

Sec. 536. Authority to modify the service obligation of certain ROTC cadets in

military junior colleges receiving financial assistance.

Sec. 537. Modification of nurse officer candidate accession program restriction on

students attending educational institutions with Senior Reserve

Officers’ Training programs.

Sec. 538. Repeal of limitation on number of Junior Reserve Officers’ Training

Corps (JROTC) units.

Sec. 539. Reserve health professionals stipend program expansion.

Sec. 540. Housing allowance for the Chaplain for the Corps of Cadets, United

States Military Academy.

Subtitle E—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. Review regarding award of medal of honor to certain Jewish American

and Hispanic American war veterans.

Sec. 543. Authority to issue duplicate medal of honor.

Sec. 544. Authority to replace stolen military decorations.
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Sec. 545. Waiver of time limitations for award of Navy Distinguished Flying

Cross to certain persons.

Sec. 546. Korea Defense Service medal.

Sec. 547. Cold War Service medal.

Sec. 548. Option to convert award of Armed Forces Expeditionary Medal awarded for Operation Frequent Wind to Vietnam Service Medal.

Sec. 549. Sense of Congress on new medal to recognize civilian employees of the

Department of Defense killed or wounded as a result of hostile

action.

Subtitle F—Matters Relating to Voting

Sec. 551. Voting assessments and assistance for members of the uniformed services.

Sec. 552. Electronic voting demonstration project.

Subtitle G—Matters Relating to Military Spouses and Family

Members

Sec. 561. Improved financial and other assistance to military spouses for job

training and education.

Sec. 562. Authority to conduct surveys of dependents and survivors of military

retirees.

Sec. 563. Clarification of treatment of classified information concerning persons

in a missing status.

Sec. 564. Transportation to annual meeting of next-of-kin of persons unaccounted

for from conflicts after World War II.

Sec. 565. Amendments to charter of Defense Task Force on Domestic Violence.

Subtitle H—Military Justice and Legal Matters

Sec. 571. Requirement that courts-martial consist of not less than 12 members in

capital cases.

Sec. 572. Right of convicted accused to request sentencing by military judge.

Sec. 573. Codification of requirement for regulations for delivery of military personnel to civil authorities when charged with certain offenses

Sec. 574. Authority to accept voluntary legal services for members of the Armed

Forces.

Subtitle I—Other Matters

Sec. 581. Shipment of privately owned vehicles when making permanent change

of station moves within United States.

Sec. 582. Payment of vehicle storage costs in advance.

Sec. 583. Permanent authority for use of military recruiting funds for certain expenses at Department of Defense recruiting functions.

Sec. 584. Clarification of military recruiter access to secondary school directory

information about students.

Sec. 585. Repeal of requirement for final Comptroller General report relating to

Army end strength allocations.

Sec. 586. Posthumous Army commission in the grade of captain in the Chaplains

Corps to Ella E. Gibson for service as chaplain of the First Wisconsin Heavy Artillery regiment during the Civil War.

Sec. 587. National Guard Challenge Program.

Sec. 588. Payment of FEHBP premiums for certain Reservists called to active

duty in support of contingency operations.

Sec. 589. 18-month enlistment pilot program.
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Sec. 590. Per diem allowance for lengthy or numerous deployments.

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

Sec. 592. Report on health and disability benefits for pre-accession training and

education programs.

Sec. 593. Requirement to provide appropriate articles of clothing as a civilian

uniform for civilians participating in funeral honor details for

veterans upon showing of financial need.

TITLE VI—COMPENSATION AND OTHER PERSONNEL

BENEFITS

Subtitle A—Pay and Allowances

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

Sec. 602. Basic pay rate for certain reserve commissioned officers with prior service as an enlisted member or warrant officer.

Sec. 603. Subsistence allowances.

Sec. 604. Eligibility for basic allowance for housing while between permanent

duty stations.

Sec. 605. Uniform allowance for officers.

Sec. 606. Family separation allowance for certain members electing to serve unaccompanied tour of duty.

Subtitle B—Bonuses and Special and Incentive Pays

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

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

nurse officer candidates, registered nurses, and nurse anesthetists.

Sec. 613. One-year extension of other bonus and special pay authorities.

Sec. 614. Conforming accession bonus for dental officers authority with authorities for other special pay and bonuses.

Sec. 615. Additional type of duty resulting in eligibility for hazardous duty incentive pay.

Sec. 616. Equal treatment of reservists performing inactive-duty training for receipt of aviation career incentive pay.

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

rates.

Sec. 618. Imposition of critical wartime skill requirement for eligibility for Individual Ready Reserve bonus.

Sec. 619. Installment payment authority for 15-year career status bonus.

Sec. 620. Accession bonus for new officers.

Subtitle C—Travel and Transportation Allowances

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

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

Sec. 632. Payment or reimbursement of temporary subsistence expenses.

Sec. 633. Increased weight allowance for transportation of baggage and household

effects for junior enlisted members.

Sec. 634. Reimbursement of members for mandatory pet quarantine fees for

household pets.

Sec. 635. Availability of dislocation allowance for married member, whose spouse

is a member, assigned to military family housing.
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Sec. 636. Elimination of prohibition on receipt of dislocation allowance by members ordered to first duty station.

Sec. 637. Partial dislocation allowance authorized for housing moves ordered for

Government convenience.

Sec. 638. Allowances for travel performed in connection with members taking authorized leave between consecutive overseas tours.

Sec. 639. Funded student travel as part of school-sponsored exchange programs.

Subtitle D—Retirement and Survivor Benefit Matters

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

veterans’ disability compensation.

Subtitle E—Other Matters

Sec. 651. Funeral honors duty allowance for retired members.

TITLE VII—HEALTH CARE PROVISIONS

Subtitle A—TRICARE Program

Sec. 701. Implementing cost-effective payment rates under the TRICARE program.

Sec. 702. Waiver of nonavailability statement or preauthorization requirement.

Sec. 703. Improvements in administration of the TRICARE program.

Sec. 704. Sub-acute and long-term care program reform.

Sec. 705. Reimbursement of travel expenses of a parent, guardian, or responsible

family member of a minor covered beneficiary.

Subtitle B—Other Matters

Sec. 711. Prohibition against requiring military retirees to receive health care

solely through the Department of Defense.

Sec. 712. Trauma and medical care pilot program.

Sec. 713. Enhancement of medical product development.

Sec. 714. Repeal of obsolete report requirement.

Sec. 715. Clarifications and improvements regarding the Department of Defense

Medicare-Eligible Retiree Health Care Fund.

TITLE VIII—ACQUISITION POLICY, ACQUISITION

MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management

Sec. 801. Acquisition milestones.

Sec. 802. Acquisition workforce qualifications.

Sec. 803. Two-year extension of program applying simplified procedures to certain commercial items.

Sec. 804. Contracts for services to be performed outside the United States.

Sec. 805. Codification and modification of ‘‘Berry Amendment’’ requirements.

Sec. 806. Increase of assistance limitation regarding procurement technical assistance programs.

Sec. 807. Study of contract consolidations.

Subtitle B—Erroneous Payments Recovery

Sec. 811. Short title.
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Sec. 812. Identification of errors made by executive agencies in payments to contractors and recovery of amounts erroneously paid.

Sec. 813. Disposition of recovered funds.

Sec. 814. Sources of recovery services.

Sec. 815. Management improvement programs.

Sec. 816. Reports.

Sec. 817. Relationship to authority of inspectors general.

Sec. 818. Privacy protections.

Sec. 819. Definition.

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND

MANAGEMENT

Sec. 901. Further reductions in defense acquisition and support workforce.

Sec. 902. Sense of Congress on establishment of an Office of Transformation in

the Department of Defense.

Sec. 903. Revised joint report on establishment of national collaborative information analysis capability.

Sec. 904. Elimination of triennial report by Chairman of the Joint Chiefs of

Staff on roles and missions of the Armed Forces.

Sec. 905. Repeal of requirement for semiannual reports through March 2003 on

activities of Joint Requirements Oversight Council.

Sec. 906. Correction of references to Air Mobility Command.

Sec. 907. Organizational alignment change for Director for Expeditionary Warfare.

TITLE X—GENERAL PROVISIONS

Subtitle A—Financial Matters

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Limitation on funds for Bosnia and Kosovo peacekeeping operations

for fiscal year 2002.

Sec. 1004. Increase in limitations on administrative authority of the Navy to settle admiralty claims.

Subtitle B—Naval Vessels

Sec. 1011. Revision in types of excess naval vessels for which approval by law

is required for disposal to foreign nations.

Subtitle C—Counter-Drug Activities

Sec. 1021. Extension of reporting requirement regarding Department of Defense

expenditures to support foreign counter-drug activities.

Sec. 1022. Authority to transfer Tracker aircraft currently used by Armed Forces

for counter-drug purposes.

Sec. 1023. Authority to transfer Tethered Aerostat Radar System currently used

by Armed Forces for counter-drug purposes.

Sec. 1024. Assignment of members to assist Immigration and Naturalization

Service and Customs Service.

Subtitle D—Reports

Sec. 1031. Requirement that Department of Defense reports to Congress be accompanied by electronic version.

Sec. 1032. Report on Department of Defense role in homeland security matters.
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Sec. 1033. Revision of annual report to Congress on National Guard and reserve

component equipment.

Subtitle E—Other Matters

Sec. 1041. Department of Defense gift authorities.

Sec. 1042. Termination of referendum requirement regarding continuation of

military training on island of Vieques, Puerto Rico, and imposition of additional conditions on closure of live-fire training

range.

Sec. 1043. Repeal of limitation on reductions in Peacekeeper ICBM missiles.

Sec. 1044. Transfer of Vietnam Era F–4 aircraft to nonprofit museum.

Sec. 1045. Bomber force structure.

Sec. 1046. Technical and clerical amendments.

Sec. 1047. Leasing of Navy ships for University National Oceanographic Laboratory System.

Sec. 1048. Sense of Congress regarding continued United States commitment to

restoring Lafayette Escadrille Memorial, Marnes La-Coguette,

France.

Sec. 1049. Designation of firefighter assistance program in honor of Floyd D.

Spence, a former Member of the House of Representatives, and

sense of Congress on need to continue the program.

Sec. 1050. Sense of Congress on implementation of fuel efficiency reforms in Department of Defense.

Sec. 1051. Plan for securing Russia’s nuclear weapons, material, and expertise.

Sec. 1052. Two-year extension of advisory panel to assess domestic response capabilities for terrorism involving weapons of mass destruction.

Sec. 1053. Action to promote national defense features program.

Sec. 1054. Amendments relating to Commission on the Future of the United

States Aerospace Industry.

Sec. 1055. Authority to accept monetary contributions for repair and reconstruction of pentagon reservation.

TITLE XI—CIVILIAN PERSONNEL

Sec. 1101. Undergraduate training program for employees of the National Imagery and Mapping Agency.

Sec. 1102. Pilot program for payment of retraining expenses.

Sec. 1103. Payment of expenses to obtain professional credentials.

Sec. 1104. Retirement portability elections for certain Department of Defense and

Coast Guard employees.

Sec. 1105. Removal of requirement that granting civil service compensatory time

be based on amount of irregular or occasional overtime work.

Sec. 1106. Applicability of certain laws to certain individuals assigned to work

in the Federal Government.

Sec. 1107. Limitation on premium pay.

Sec. 1108. Use of common occupational and health standards as a basis for differential payments made as a consequence of exposure to asbestos.

Sec. 1109. Authority for designated civilian employees abroad to act as a notary.

Sec. 1110. ‘‘Monroney amendment’’ restored to its prior form.

TITLE XII—MATTERS RELATING TO FOREIGN NATIONS

Sec. 1201. Clarification of authority to furnish nuclear test monitoring equipment to foreign governments.
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Sec. 1202. Acquisition of logistical support for security forces.

Sec. 1203. Report on the sale and transfer of military hardware, expertise, and

technology from States of the former Soviet Union to the People’s

Republic of China.

Sec. 1204. Limitation on funding for Joint Data Exchange Center.

Sec. 1205. Extension of authority to provide assistance under Weapons of Mass

Destruction Act for support of United Nations-sponsored efforts

to inspect and monitor Iraqi weapons activities.

Sec. 1206. Repeal of requirement for reporting to Congress on military deployments to Haiti.

Sec. 1207. Report by Comptroller General on provision of defense articles, services, and military education and training to foreign countries

and international organizations.

Sec. 1208. Limitation on number of military personnel in Colombia.

Sec. 1209. Authority for employees of Federal Government contractors to accompany chemical weapons inspection teams at Government-owned

facilities.

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH

STATES OF THE FORMER SOVIET UNION

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.

Sec. 1302. Funding allocations.

Sec. 1303. Prohibition against use of funds until submission of reports.

Sec. 1304. Report on use of revenue generated by activities carried out under Cooperative Threat Reduction programs.

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

storage facility.

Sec. 1306. Prohibition against use of funds for construction or refurbishment of

certain fossil fuel energy plants.

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

Sec. 1308. Report on responsibility for carrying out Cooperative Threat Reduction programs.

Sec. 1309. Chemical weapons destruction.

TITLE XIV—DEFENSE SPACE REORGANIZATION

Sec. 1401. Short title.

Sec. 1402. Authority to establish position of Under Secretary of Defense for

Space, Intelligence, and Information.

Sec. 1403. Authority to designate Under Secretary of the Air Force as acquisition

executive for space of the Department of Defense.

Sec. 1404. Major force program category for space programs.

Sec. 1405. Comptroller General assessment of implementation of recommendations

of Space Commission.

Sec. 1406. Commander of Air Force Space Command.

Sec. 1407. Authority to establish separate career field in the Air Force for space.

Sec. 1408. Relationship to authorities and responsibilities of Director of Central

Intelligence.

TITLE XV—ACTIVITIES TO COMBAT TERRORISM

Subtitle A—Increased Funding to Combat Terrorism

Sec. 1501. Increased funding.

Sec. 1502. Treatment of transferred amounts.
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Subtitle B—Policy Matters Relating to Combating Terrorism

Sec. 1511. Assessment of Department of Defense ability to respond to terrorist attacks.

Sec. 1512. Report on Department of Defense ability to protect the United States

from airborne threats.

Sec. 1513. Establishment of combating terrorism as a national security mission.

Sec. 1514. Department of Defense coordination with FEMA and FBI.

DIVISION B—MILITARY CONSTRUCTION

AUTHORIZATIONS

Sec. 2001. Short title; definition.

TITLE XXI—ARMY

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Improvements to military family housing units.

Sec. 2104. Authorization of appropriations, Army.

Sec. 2105. Modification of authority to carry out certain fiscal year 2001

projects.

TITLE XXII—NAVY

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing.

Sec. 2203. Improvements to military family housing units.

Sec. 2204. Authorization of Appropriations, Navy.

Sec. 2205. Modification of authority to carry out certain fiscal year 2000 project.

TITLE XXIII—AIR FORCE

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing.

Sec. 2303. Improvements to military family housing units.

Sec. 2304. Authorization of appropriations, Air Force.

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

TITLE XXIV—DEFENSE AGENCIES

Sec. 2401. Authorized defense agencies construction and land acquisition projects.

Sec. 2402. Energy conservation projects.

Sec. 2403. Authorization of appropriations, defense agencies.

Sec. 2404. Modification of authority to carry out certain fiscal year 2001 project.

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

projects.

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

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

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

Aruba for United States Southern Command counter-drug detection and monitoring flights.
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TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

Sec. 2501. Authorized NATO construction and land acquisition projects.

Sec. 2502. Authorization of appropriations, NATO.

TITLE XXVI—GUARD AND RESERVE FACILITIES

Sec. 2601. Authorized Guard and Reserve construction and land acquisition

projects.

TITLE XXVII—EXPIRATION AND EXTENSION OF

AUTHORIZATIONS

Sec. 2701. Expiration of authorizations and amounts required to be specified by

law.

Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects.

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

Sec. 2704. Effective date.

TITLE XXVIII—GENERAL PROVISIONS

Subtitle A—Military Construction Program and Military

Family Housing Changes

Sec. 2801. Increase in certain unspecified minor military construction project

thresholds.

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

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

military family housing activities.

Sec. 2804. Permanent authorization for alternative authority for acquisition and

improvement of military housing.

Subtitle B—Real Property and Facilities Administration

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

Sec. 2812. Base efficiency project at Brooks Air Force Base, Texas.

Sec. 2813. Use of buildings on military installations and reserve component facilities as polling places.

Subtitle C—Defense Base Closure and Realignment

Sec. 2821. Lease back of base closure property.

Subtitle D—Land Conveyances

PART I—ARMY CONVEYANCES

Sec. 2831. Modification of land exchange, Rock Island Arsenal, Illinois.

Sec. 2832. fication of land conveyances, Fort Dix, New Jersey.

Sec. 2833. Lease authority, Fort DeRussy, Hawaii.

Sec. 2834. Land exchange and consolidation, Fort Lewis, Washington.

Sec. 2835. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorage, Alaska.
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PART II—NAVY CONVEYANCES

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

County, California.

Sec. 2842. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo,

Ohio.

Sec. 2843. Modification of authority for conveyance of Naval Computer and Telecommunications Station, Cutler, Maine.

Sec. 2844. Modification of land conveyance, former United States Marine Corps

Air Station, Eagle Mountain Lake, Texas.

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

Harbor, Maine.

PART III—AIR FORCE CONVEYANCES

Sec. 2851. Water rights conveyance, Andersen Air Force Base, Guam.

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

Sec. 2853. Land conveyance, defense fuel support point, Florida.

Subtitle E—Other Matters

Sec. 2861. Transfer of jurisdiction for development of Armed Forces recreation facility, Park City, Utah.

Sec. 2862. Selection of site for United States Air Force Memorial and related

land transfers for the improvement of Arlington National Cemetery, Virginia.

Sec. 2863. Management of the Presidio of San Francisco.

Sec. 2864. Effect of limitation on construction of roads or highways, Marine

Corps Base, Camp Pendleton, California.

Sec. 2865. Establishment of World War II memorial at additional location on

Guam.

Sec. 2866. Additional extension of demonstration project for purchase of fire, security, police, public works, and utility services from local government agencies.

Sec. 2867. Conveyance of avigation easements, former Norton Air Force Base,

California.

Sec. 2868. Report on options to promote economic development in community adjacent to United States Military Academy, New York.

TITLE XXIX—FORT IRWIN MILITARY LAND WITHDRAWAL

Sec. 2901. Short title.

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

Sec. 2903. Map and legal description.

Sec. 2904. Management of withdrawn and reserved lands.

Sec. 2905. Water rights.

Sec. 2906. Environmental compliance and environmental response requirements.

Sec. 2907. West Mojave Coordinated Management Plan.

Sec. 2908. Release of wilderness study areas.

Sec. 2909. Training activity separation from utility corridors.

Sec. 2910. Duration of withdrawal and reservation.

Sec. 2911. Extension of initial withdrawal and reservation.

Sec. 2912. Termination and relinquishment.

Sec. 2913. Delegation of authority.
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DIVISION C—DEPARTMENT OF ENERGY NATIONAL

SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense environmental management privatization.

Sec. 3105. Defense nuclear waste disposal.

Sec. 3106. Increased amount for nonproliferation and verification.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

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

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

of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds at field offices

of the Department of Energy.

Sec. 3130. Transfers of weapons activities funds at national security laboratories

and nuclear weapons production facilities.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. Termination date of Office of River Protection, Richland, Washington.

Sec. 3132. Organizational modifications for National Nuclear Security Administration.

Sec. 3133. Consolidation of Nuclear Cities Initiative program with Initiatives for

Proliferation Prevention program.

Sec. 3134. Disposition of surplus defense plutonium at Savannah River Site,

Aiken, South Carolina.

Sec. 3135. Support for public education in the vicinity of Los Alamos National

Laboratory, New Mexico.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.
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Sec. 3303. Disposal of obsolete and excess materials contained in national defense

stockpile.

Sec. 3304. Expedited implementation of authority to dispose of cobalt from National Defense Stockpile.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV—MARITIME ADMINISTRATION

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

Sec. 3502. Define ‘‘war risks’’ to vessels to include confiscation, expropriation,

nationalization, and deprivation of the vessels.

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

Act, 1936.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on Armed Services and the

7 Committee on Appropriations of the House of Rep8 resentatives.

9 DIVISION A—DEPARTMENT OF

10 DEFENSE AUTHORIZATIONS

11 TITLE I—PROCUREMENT

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 101. ARMY.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2002 for procurement for the Army as follows:

17 (1) For aircraft, $1,987,491,000.

18 (2) For missiles, $1,097,286,000.
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1 (3) For weapons and tracked combat vehicles,

2 $2,367,046,000.

3 (4) For ammunition, $1,208,565,000.

4 (5) For other procurement, $4,143,986,000.

5 SEC. 102. NAVY AND MARINE CORPS.

6 (a) NAVY.—Funds are hereby authorized to be appro7 priated for fiscal year 2002 for procurement for the Navy

8 as follows:

9 (1) For aircraft, $8,337,243,000.

10 (2) For weapons, including missiles and tor11 pedoes, $1,476,692,000.

12 (3) For shipbuilding and conversion,

13 $9,321,121,000.

14 (4) For other procurement, $4,157,313,000.

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

16 be appropriated for fiscal year 2002 for procurement for

17 the Marine Corps in the amount of $1,025,624,000.

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

19 are hereby authorized to be appropriated for fiscal year

20 2002 for procurement of ammunition for the Navy and the

21 Marine Corps in the amount of $463,507,000.

22 SEC. 103. AIR FORCE.

23 Funds are hereby authorized to be appropriated for fis24 cal year 2002 for procurement for the Air Force as follows:

25 (1) For aircraft, $10,705,687,000.
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1 (2) For missiles, $3,226,336,000.

2 (3) For ammunition, $871,344,000.

3 (4) For other procurement, $8,250,821,000.

4 SEC. 104. DEFENSE-WIDE ACTIVITIES.

5 Funds are hereby authorized to be appropriated for fis6 cal year 2002 for Defense-wide procurement in the amount

7 of $2,267,346,000.

8 SEC. 105. DEFENSE INSPECTOR GENERAL.

9 Funds are hereby authorized to be appropriated for fis10 cal year 2002 for procurement for the Inspector General of

11 the Department of Defense in the amount of $1,800,000.

12 SEC. 106. CHEMICAL DEMILITARIZATION PROGRAM.

13 There is hereby authorized to be appropriated for fiscal

14 year 2002 the amount of $1,078,557,000 for—

15 (1) the destruction of lethal chemical agents and

16 munitions in accordance with section 1412 of the De17 partment of Defense Authorization Act, 1986 (50

18 U.S.C. 1521); and

19 (2) the destruction of chemical warfare materiel

20 of the United States that is not covered by section

21 1412 of such Act.

22 SEC. 107. DEFENSE HEALTH PROGRAMS.

23 Funds are hereby authorized to be appropriated for fis24 cal year 2002 for the Department of Defense for procure25 ment for carrying out health care programs, projects, and
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1 activities of the Department of Defense in the total amount

2 of $267,915,000.

3 SEC. 108. ADDITIONAL AMOUNT FOR SHIPBUILDING AND

4 CONVERSION, NAVY.

5 (a) INCREASE IN SCN AMOUNT.—The amount pro6 vided in section 102(a)(3) for shipbuilding and conversion

7 for the Navy is hereby increased by $57,100,000, to be avail8 able for the U.S.S. Eisenhower (CVN–69) Refueling Com9 plex Overhaul program.

10 (b) OFFSET.—The amount provided in section 301(5)

11 is hereby reduced by $57,100,000, to be derived from

12 amounts for consulting services.

13 Subtitle B—Army Programs

14 SEC. 111. EXTENSION OF MULTIYEAR CONTRACT FOR FAM15 ILY OF MEDIUM TACTICAL VEHICLES.

16 In order to ensure that an adequate number of vehicles

17 of the ‘‘A1’’ variant of the Family of Medium Tactical Vehi18 cles program continue to be fielded to the Army, the Sec19 retary of the Army may extend for one additional year the

20 existing multiyear procurement contract, authorized by sec21 tion 112(b) of the National Defense Authorization Act for

22 Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1648) and

23 awarded on October 14, 1998, for procurement of vehicles

24 under that program (notwithstanding the maximum period

25 for such contracts otherwise applicable under section
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1 2306b(k) of title 10, United States Code) if the Secretary

2 determines that it is necessary to do so in order to prevent

3 a break in production of those vehicles.

4 SEC. 112. REPEAL OF LIMITATIONS ON BUNKER DEFEAT

5 MUNITIONS PROGRAM.

6 Section 116 of the National Defense Authorization Act

7 for Fiscal Year 1995 (Public Law 103–337; 108 Stat. 2682)

8 is repealed.

9 Subtitle C—Air Force Programs

10 SEC. 121. MULTI-YEAR PROCUREMENT OF C–17 AIRCRAFT.

11 If the Secretary of Defense certifies to the congressional

12 defense committees before the enactment of this Act that it

13 is in the interest of the Department of Defense to proceed

14 with a follow-on multi-year procurement of additional C–

15 17 aircraft, then the Secretary may, in accordance with sec16 tion 2306b of title 10, United States Code, enter into a new

17 multi-year procurement contract or extend the current

18 multi-year procurement contract beginning in fiscal year

19 2002 to procure up to 60 additional C–17 aircraft in order

20 to meet the Department’s airlift requirements.
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1 Subtitle D—Chemical Munitions

2 Destruction

3 SEC. 141. DESTRUCTION OF EXISTING STOCKPILE OF LE4 THAL CHEMICAL AGENTS AND MUNITIONS.

5 Section 152 of the National Defense Authorization Act

6 for Fiscal Year 1996 (Public Law 104–106; 50 U.S.C. 1521

7 note) is amended—

8 (1) in subsection (b)—

9 (A) by inserting ‘‘for that site’’ after ‘‘in

10 place’’; and

11 (B) by adding at the end the following new

12 paragraphs:

13 ‘‘(4) Emergency preparedness and response capa14 bilities have been established at the site and in the

15 surrounding communities to respond to emergencies

16 involving risks to public health or safety that are

17 identified by the Secretary of Defense as being risks

18 resulting from the storage or destruction of lethal

19 chemical agents and munitions at the site.

20 ‘‘(5) The Under Secretary of Defense for Acquisi21 tion, Technology, and Logistics recommends initi22 ation of destruction at the site after considering the

23 recommendation by the board established by sub24 section (g).’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(g) OVERSIGHT BOARDS.—(1) The Under Secretary

4 of Defense for Acquisition, Technology, and Logistics shall

5 convene, for each site at which the chemical munitions

6 stockpile is stored, an independent oversight board com7 posed of—

8 ‘‘(A) the Secretary of the Army;

9 ‘‘(B) the Director of the Federal Emergency

10 Management Agency;

11 ‘‘(C) the Administrator of the Environmental

12 Protection Agency;

13 ‘‘(D) the President of the National Academy of

14 Sciences;

15 ‘‘(E) the Governor of the State in which the site

16 is located; and

17 ‘‘(F) one individual designated by the Under

18 Secretary from a list of three local representatives of

19 the area in which the site is located, prepared jointly

20 by the Member of the House of Representatives who

21 represents the Congressional District in which the site

22 is located and the Senators representing the State in

23 which the site is located.

24 ‘‘(2) Not later than six months after each such board

25 is convened, the board shall make a recommendation to the
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1 Under Secretary whether the destruction of the chemical

2 munitions stockpile should be initiated at the site.

3 ‘‘(3) The Under Secretary may not recommend initi4 ation of destruction of the chemical munitions stockpile at

5 a site after considering a negative recommendation of the

6 board until 90 days after the Under Secretary provides no7 tice to Congress of the intent to recommend initiation of

8 destruction.’’.

9 TITLE II—RESEARCH, DEVELOP10 MENT, TEST, AND EVALUA11 TION

12 Subtitle A—Authorization of

13 Appropriations

14 SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

15 Funds are hereby authorized to be appropriated for fis16 cal year 2002 for the use of the Department of Defense for

17 research, development, test, and evaluation as follows:

18 (1) For the Army, $6,749,025,000.

19 (2) For the Navy, $10,863,274,000.

20 (3) For the Air Force, $14,455,653,000.

21 (4) For Defense-wide activities, $15,591,978,000,

22 of which $217,355,000 is authorized for the Director

23 of Operational Test and Evaluation.
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1 SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH.

2 (a) FISCAL YEAR 2002.—Of the amounts authorized

3 to be appropriated by section 201, $4,973,843,000 shall be

4 available for basic research and applied research projects.

5 (b) BASIC RESEARCH AND APPLIED RESEARCH DE6 FINED.—For purposes of this section, the term ‘‘basic re7 search and applied research’’ means work funded in pro8 gram elements for defense research and development under

9 Department of Defense category 6.1 or 6.2.

10 Subtitle B—Program Requirements,

11 Restrictions, and Limitations

12 SEC. 211. COOPERATIVE DEPARTMENT OF DEFENSE-DE13 PARTMENT OF VETERANS AFFAIRS MEDICAL

14 RESEARCH PROGRAM.

15 Of the funds authorized to be appropriated by section

16 201(4), $5,000,000 shall be available for the cooperative De17 partment of Defense/Department of Veterans Affairs med18 ical research program. The Secretary of Defense shall trans19 fer such amount to the Secretary of Veterans Affairs for

20 such purpose not later than 30 days after the date of the

21 enactment of this Act.

22 SEC. 212. ADVANCED LAND ATTACK MISSILE PROGRAM.

23 (a) PROGRAM REQUIRED.—The Secretary of Defense

24 shall establish a competitive program for the development

25 of an advanced land attack missile for the DD–21 land at26 tack destroyer and other naval combatants.
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1 (b) REPORT.—The Secretary of Defense shall submit

2 to the congressional defense committees, with the submission

3 of the budget request for the Department of Defense for fiscal

4 year 2003, a report providing the program plan for the Ad5 vanced Land Attack Missile program, the schedule for that

6 program, and funding required for that program.

7 (c) FUNDING.—Of the amount authorized to be appro8 priated under section 201(2) for research, development, test,

9 and evaluation for the Navy, $20,000,000 shall be available

10 in PE 0603795N for the Advanced Land Attack Missile pro11 gram.

12 SEC. 213. COLLABORATIVE PROGRAM FOR DEVELOPMENT

13 OF ADVANCED RADAR SYSTEMS FOR NAVAL

14 APPLICATIONS.

15 (a) PROGRAM REQUIRED.—The Secretary of Defense

16 shall carry out a program to develop and demonstrate ad17 vanced technologies and concepts leading to advanced radar

18 systems for naval and other applications.

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

20 subsection (a) shall be carried out collaboratively pursuant

21 to a memorandum of agreement to be entered into by the

22 Director of Defense Research and Engineering, the Sec23 retary of the Navy, and the Director of the Defense Ad24 vanced Research Projects Agency. The program shall in25 clude the following activities:
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1 (1) Activities needed to develop and deploy ad2 vanced electronics materials, including specifically

3 wide band gap electronics components needed to ex4 tend the range and sensitivity of naval radars.

5 (2) Identification of acquisition systems for use

6 of the new technology.

7 (c) REPORT.—Not later than January 31, 2002, the

8 Director of Defense Research and Engineering, the Sec9 retary of the Navy, and the Director of the Defense Ad10 vanced Research Projects Agency shall submit to the con11 gressional defense committees a joint report on the imple12 mentation of the program under subsection (a). The report

13 shall include the following:

14 (1) A description of the memorandum of agree15 ment referred to in subsection (b).

16 (2) A schedule for the program.

17 (3) Identification of the funding required for fis18 cal year 2003 and for the future-years defense pro19 gram to carry out the program.

20 (4) A list of program capability goals and objec21 tives.

22 (d) FUNDING.—(1) Of the amount authorized to be ap23 propriated for Defense-wide activities by section 201(4) for

24 the Defense Advanced Research Projects Agency,

25 $41,000,000 shall be available for applied research and
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1 maturation of high frequency and high power wide band

2 gap semiconductor electronics technology to carry out the

3 program under subsection (a).

4 (2) Of the amount authorized to be appropriated by

5 section 201(2) for the Department of the Navy, $15,500,000

6 shall be available to carry out the program under subsection

7 (a).

8 SEC. 214. COST LIMITATION APPLICABLE TO F–22 AIRCRAFT

9 PROGRAM ENGINEERING AND MANUFAC10 TURING DEVELOPMENT.

11 Section 217(c)(3) of the National Defense Authoriza12 tion Act for Fiscal Year 1998 (Public Law 105–85; 111

13 Stat. 1660) is amended by inserting ‘‘plus $250,000,000’’

14 after ‘‘and (2))’’.

15 SEC. 215. C–5 AIRCRAFT MODERNIZATION.

16 (a) INCREASE IN AIR FORCE RDTE AMOUNT.—The

17 amount provided in section 201(3) for Research, Develop18 ment, Test, and Evaluation for the Air Force is hereby in19 creased by $30,000,000, to be available for Re-engining and

20 Avionics Modernization for the C-5 aircraft.

21 (b) OFFSET.—The amount provided in section 301(5)

22 is hereby reduced by $30,000,000, to be derived from

23 amounts for consulting services.
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1 Subtitle C—Ballistic Missile

2 Defense

3 SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCURE4 MENT FOR MISSILE DEFENSE PROGRAMS

5 FROM BALLISTIC MISSILE DEFENSE ORGANI6 ZATION TO MILITARY DEPARTMENTS.

7 (a) BUDGETING OF MISSILE DEFENSE PROCUREMENT

8 AUTHORITY.—(1) Subsection (a) of section 224 of title 10,

9 United States Code is amended by striking ‘‘procurement’’

10 both places it appears and inserting ‘‘research, development,

11 test, and evaluation’’.

12 (2) Such section is further amended by striking sub13 sections (b) and (c) and inserting the following:

14 ‘‘(b) COVERED PROGRAMS.—Subsection (a) applies to

15 any ballistic missile defense program for which research,

16 development, test, and evaluation is carried out by the Bal17 listic Missile Defense Organization.’’.

18 (3)(A) The heading of that section is amended to read

19 as follows:

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

21 amounts for research, development, test,

22 and evaluation’’.

23 (B) The item relating to section 224 in the table of

24 sections at the beginning of chapter 9 of such title is amend25 ed to read as follows:
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‘‘224. Ballistic missile defense programs: display of amounts for research, development, test, and evaluation.’’.

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

2 shall establish, and submit to the congressional defense com3 mittees, criteria for the transfer of ballistic missile defense

4 programs from the Ballistic Missile Defense Organization

5 to the military departments. Those criteria shall, at a min6 imum, address technical maturity of the program, avail7 ability of facilities for production, and service commitment

8 to procurement funding.

9 (c) NOTIFICATION OF TRANSFER.—Before responsi10 bility for a ballistic missile defense program is transferred

11 from the Ballistic Missile Defense Organization to the Sec12 retary of a military department, the Secretary of Defense

13 shall submit to the congressional defense committees notice

14 in writing of the Secretary’s intent to make that transfer.

15 The Secretary shall include with such notice a certification

16 that the program has met the criteria established under sub17 section (b) for such a transfer. The transfer may then be

18 carried out after the end of the 60-day period beginning

19 on the date of such notice.

20 SEC. 232. REPEAL OF PROGRAM ELEMENT REQUIREMENTS

21 FOR BALLISTIC MISSILE DEFENSE PRO22 GRAMS.

23 (a) REPEAL.—Section 223 of title 10, United States

24 Code, is repealed.
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1 (b) CLERICAL AMENDMENT.—The table of sections at

2 the beginning of chapter 9 of such title is amended by strik3 ing the item relating to section 223.

4 SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE AC5 TIVITIES OF THE DEPARTMENT OF DEFENSE

6 BY THE NATIONAL DEFENSE LABORATORIES

7 OF THE DEPARTMENT OF ENERGY.

8 (a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MIS9 SILE DEFENSE ACTIVITIES.—Of the amounts authorized to

10 be appropriated to the Department of Defense pursuant to

11 section 201(4), $25,000,000 shall be available, subject to

12 subsection (b) and at the discretion of the Director of the

13 Ballistic Missile Defense Organization, for research, devel14 opment, and demonstration activities at the national lab15 oratories of the Department of Energy in support of the

16 missions of the Ballistic Missile Defense Organization, in17 cluding the following activities:

18 (1) Technology development, concept demonstra19 tion, and integrated testing to enhance performance,

20 reduce risk, and improve reliability in hit-to-kill

21 interceptors for ballistic missile defense.

22 (2) Support for science and engineering teams to

23 assess critical technical problems and prudent alter24 native approaches as agreed upon by the Director of
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1 the Ballistic Missile Defense Organization and the

2 Administrator for Nuclear Security.

3 (b) REQUIREMENT FOR MATCHING FUNDS FROM

4 NNSA.—Funds shall be available as provided in subsection

5 (a) only if the Administrator for Nuclear Security makes

6 available matching funds for the activities referred to in

7 subsection (a).

8 (c) MEMORANDUM OF UNDERSTANDING.—The activi9 ties referred to in subsection (a) shall be carried out under

10 the memorandum of understanding entered into by the Sec11 retary of Energy and the Secretary of Defense for the use

12 of national laboratories for ballistic missile defense pro13 grams, as required by section 3131 of the National Defense

14 Authorization Act for Fiscal Year 1998 (Public Law 105–

15 85; 111 Stat. 2034) and modified pursuant to section 3132

16 of the Floyd D. Spence National Defense Authorization Act

17 for Fiscal Year 2001 (as enacted into law by Public Law

18 106–398; 114 Stat. 1654A–455) to provide for jointly fund19 ed projects.

20 SEC. 234. MISSILE DEFENSE TESTING INITIATIVE.

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

22 Defense shall ensure that each annual budget request of the

23 Department of Defense—
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1 (A) is designed to provide for comprehensive test2 ing of ballistic missile defense programs during early

3 stages of development; and

4 (B) includes necessary funding to support and

5 improve test infrastructure and provide adequate test

6 assets for the testing of such programs.

7 (2) The Secretary shall ensure that ballistic missile de8 fense programs incorporate, to the greatest possible extent,

9 operationally realistic test configurations (referred to as

10 ‘‘test bed’’ configurations) to demonstrate system perform11 ance across a broad range of capability and, during final

12 stages of operational testing, to demonstrate reliable per13 formance.

14 (3) The Secretary shall ensure that the test infrastruc15 ture for ballistic missile defense programs is capable of sup16 porting continued testing of ballistic missile defense systems

17 after deployment.

18 (b) REQUIREMENTS FOR EARLY STAGES OF SYSTEM

19 DEVELOPMENT.—In order to demonstrate acceptable risk

20 and developmental stability, the Secretary of Defense shall

21 ensure that any ballistic missile defense program incor22 porates, to the maximum extent practicable, the following

23 elements during the early stages of system development:

24 (1) Pursuit of parallel conceptual approaches

25 and technological paths for all critical problematic
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1 components until effective and reliable solutions can

2 be demonstrated.

3 (2) Comprehensive ground testing in conjunction

4 with flight-testing for key elements of the proposed

5 system that are considered to present high risk, with

6 such ground testing to make use of existing facilities

7 and combinations of facilities that support testing at

8 the highest possible levels of integration.

9 (3) Where appropriate, expenditures to enhance

10 the capabilities of existing test facilities, or to con11 struct new test facilities, to support alternative com12 plementary test methodologies.

13 (4) Sufficient funding of test instrumentation to

14 ensure accurate measurement of all critical test events

15 and, where possible, incorporation of mobile assets to

16 enhance flexibility in test configurations.

17 (5) Incorporation into the program of sufficient

18 schedule flexibility and expendable test assets, includ19 ing missile interceptors and targets, to ensure that

20 failed or aborted tests can be repeated in a prudent,

21 but expeditious manner.

22 (6) Incorporation into flight-test planning for

23 the program, where possible, of—

24 (A) methods referred to as ‘‘campaign test25 ing’’ and ‘‘test through failure’’ and other appro-
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1 priate test methods in order to reduce costs per

2 test event;

3 (B) events to demonstrate engagement of

4 multiple targets, ‘‘shoot-look-shoot’’, and other

5 planned operational concepts; and

6 (C) exploitation of opportunities to facili7 tate early development and demonstration of

8 ‘‘family of systems’’ concepts.

9 (c) SPECIFIC REQUIREMENTS FOR GROUND-BASED

10 MID-COURSE INTERCEPTOR SYSTEMS.—For ground-based

11 mid-course interceptor systems, the Secretary of Defense

12 shall initiate steps during fiscal year 2002 to establish a

13 flight-test capability of launching not less than three missile

14 defense interceptors and not less than two ballistic missile

15 targets to provide a realistic test infrastructure.

16 SEC. 235. MISSILE DEFENSE SYSTEM TEST BED FACILITIES.

17 (a) AUTHORITY TO ACQUIRE OR CONSTRUCT FACILI18 TIES.—(1) The Secretary of Defense, using funds appro19 priated to the Department of Defense for research, develop20 ment, test, and evaluation for fiscal years after fiscal year

21 2001 that are available for programs of the Ballistic Missile

22 Defense Organization, may carry out construction projects,

23 or portions of construction projects, including projects for

24 the acquisition, improvement, or construction of facilities
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1 of general utility, to establish and operate the Missile De2 fense System Test Bed Facilities.

3 (2) The authority provided in paragraph (1) may be

4 used to acquire, improve, or construct facilities at a total

5 cost not to exceed $500,000,000.

6 (b) AUTHORITY TO PROVIDE ASSISTANCE TO LOCAL

7 COMMUNITIES.—(1) Subject to paragraph (2), the Sec8 retary of Defense, using funds appropriated to the Depart9 ment of Defense for research, development, test, and evalua10 tion for fiscal years after fiscal year 2001 that are available

11 for programs of the Ballistic Missile Defense Organization,

12 may provide assistance, by grant or otherwise, to local com13 munities to meet the need for increased municipal or com14 munity services or facilities resulting from the construction,

15 installation, or operation of the Missile Defense System Test

16 Bed Facilities.

17 (2) Assistance may be provided to a community under

18 paragraph (1) only if the Secretary of Defense determines

19 that there is an immediate and substantial increase in the

20 need for municipal or community services or facilities as

21 a direct result of the construction, installation, or operation

22 of the Missile Defense System Test Bed Facilities.
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1 Subtitle D—Other Matters

2 SEC. 241. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE

3 JOINT OPERATIONAL TEST BED SYSTEM.

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

5 commander of the United States Joint Forces Command

6 shall establish a capability (referred to as a ‘‘test bed’’)

7 within the facilities and resources of that command to

8 evaluate and ensure joint interoperability of unmanned

9 aerial vehicle systems. That capability shall be independent

10 of the military departments and shall be managed directly

11 by the Joint Forces Command.

12 (b) REQUIRED TRANSFER OF PREDATOR UAV AS13 SETS.—The Secretary of the Navy shall transfer to the com14 mander of the Joint Forces Command the two Predator un15 manned aerial vehicles currently undergoing operational

16 testing by the Navy, together with associated payloads and

17 antennas and the associated tactical control system (TCS)

18 ground station.

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

20 transferred pursuant to subsection (a) may be used by the

21 commander of the United States Joint Forces Command

22 only through the independent joint operational test bed sys23 tem established pursuant to subsection (a) for testing of

24 those items, including further development of the associated

25 tactical control system (TCS) ground station, other aspects
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1 of unmanned aerial vehicle interoperability, and participa2 tion in such experiments and exercises as the commander

3 considers appropriate to the mission of that command.

4 (d) DEADLINE FOR TRANSFERS.—The transfers re5 quired by subsection (b) shall be completed not later than

6 90 days after the date of the enactment of this Act.

7 (e) TRANSFER WHEN NO LONGER REQUIRED BY

8 JOINT FORCES COMMAND.—Upon a determination by the

9 commander of the United States Joint Forces Command

10 that any of the items transferred pursuant to subsection (a)

11 are no longer needed by that command for use as provided

12 in subsection (c), those items shall be transferred to the Sec13 retary of the Air Force.

14 SEC. 242. DEMONSTRATION PROJECT TO INCREASE SMALL

15 BUSINESS AND UNIVERSITY PARTICIPATION

16 IN OFFICE OF NAVAL RESEARCH EFFORTS TO

17 EXTEND BENEFITS OF SCIENCE AND TECH18 NOLOGY RESEARCH TO FLEET.

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

20 acting through the Chief of Naval Research, shall carry out

21 a demonstration project to increase access to Navy facilities

22 of small businesses and universities that are engaged in

23 science and technology research beneficial to the fleet.

24 (b) PROJECT ELEMENTS.—In carrying out the dem25 onstration project, the Secretary shall—
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1 (1) establish and operate a Navy Technology Ex2 tension Center at a location to be selected by the Sec3 retary;

4 (2) permit participants in the Small Business

5 Innovation Research Program (SBIR) and Small

6 Business Technology Transfer Program (STTR) that

7 are awarded contracts by Office of Naval Research to

8 acccess and use Navy facilities without charge for

9 purposes of carrying out such contracts; and

10 (3) permit universities, institutions of higher

11 learning, and Federally Funded Research and Devel12 opment Centers (FFRDC) collaborating with SBIR

13 and STTR participants to use Navy facilities.

14 (c) REPORT.—Not later than February 1, 2004, the

15 Secretary shall submit to Congress a report on the dem16 onstration project. The report shall include a description

17 of the activities carried out under the demonstration project

18 and any recommendations for the improvement or expan19 sion of the demonstration project that the Secretary con20 siders appropriate.

21 SEC. 243. MANAGEMENT RESPONSIBILITY FOR NAVY MINE

22 COUNTERMEASURES PROGRAMS.

23 Section 216(a) of the National Defense Authorization

24 Act for Fiscal Years 1992 and 1993 (Public Law 102–190;

25 105 Stat. 1317), as most recently amended by section 211
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1 of the Strom Thurmond National Defense Authorization Act

2 for Fiscal Year 1999 (Public Law 105–261; 112 Stat.

3 1946), is amended by striking ‘‘through 2003’’ and insert4 ing ‘‘through 2008’’.

5 SEC. 244. PROGRAM TO ACCELERATE THE INTRODUCTION

6 OF INNOVATIVE TECHNOLOGY IN DEFENSE

7 ACQUISITION PROGRAMS.

8 (a) PROGRAM REQUIRED.—The Secretary of Defense

9 shall carry out a program to provide opportunities for the

10 increased introduction of innovative and cost-saving tech11 nology in acquisition programs of the Department of De12 fense. The program, to be known as the Challenge Program,

13 shall provide an individual or activity within or outside

14 the Department of Defense with the opportunity to propose

15 alternatives, to be known as challenge proposals, at the com16 ponent, subsystem, or system level of an existing Depart17 ment of Defense acquisition program that would result in

18 improvements in performance, affordability,

19 manufacturability, or operational capability at the compo20 nent, subsystem, or system level of that acquisition pro21 gram.

22 (b) PANEL.—(1) In carrying out the Challenge Pro23 gram, the Secretary of Defense shall establish a panel of

24 highly qualified scientists and engineers (hereinafter in this

25 section referred to as the ‘‘Panel’’) under the auspices of
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1 the Under Secretary of Defense for Acquisition, Technology,

2 and Logistics. The duty of the Panel shall be to carry out

3 review and evaluation of challenge proposals under sub4 section (c).

5 (2) A member of the Panel may not participate in any

6 review and evaluation of a challenge proposal under sub7 section (c) if at any time within the previous five years

8 that member has, in any capacity, participated in or been

9 affiliated with the Department of Defense program for

10 which the challenge proposal is proposed.

11 (c) REVIEW AND EVALUATION OF CHALLENGE PRO12 POSALS.—(1) Under procedures prescribed by the Secretary,

13 an individual or activity within or outside the Department

14 of Defense may submit challenge proposals to the Panel.

15 (2) The Panel shall carry out an expedited evaluation

16 of each challenge proposal submitted under paragraph (1)

17 to determine whether a prima facie case has been made that

18 the challenge proposal will result in improvements in per19 formance, affordability, manufacturability, or operational

20 capability at the component, subsystem, or system level of

21 the applicable acquisition program. If the Panel determines

22 that such a case has not been made, the Panel may turn

23 down the challenge proposal. In any other case, the Panel

24 shall provide for a full review of the challenge proposal

25 under paragraph (3).
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1 (3) In carrying out a full review of a challenge pro2 posal, the Panel shall ensure the following:

3 (A) Any incumbent that would be displaced by

4 the implementation of the challenge proposal is pro5 vided notice of the challenge proposal and a full op6 portunity to demonstrate why the challenge proposal

7 should not be implemented.

8 (B) Notice of the full review of the challenge pro9 posal is published in one or more appropriate com10 mercial publications of national circulation.

11 (C) If one or more other challenge proposals are

12 submitted on matters relating to the challenge pro13 posal being reviewed, the Panel shall, to the max14 imum extent practicable, carry out a full review of

15 those other challenge proposals together with the full

16 review of the original challenge proposal.

17 (4) The Secretary of Defense shall ensure that the

18 Panel, in carrying out review and evaluation of challenge

19 proposals under this subsection, has the authority to call

20 upon the technical resources of the laboratories, research,

21 development, and engineering centers, test and evaluation

22 activities, and other elements of the Department.

23 (d) FINDINGS OF SUBSTANTIAL SUPERIORITY.—If,

24 after the full review of a challenge proposal is completed,

25 the Panel finds that the challenge proposal will result in
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1 improvements in performance, affordability,

2 manufacturability, or operational capability at the compo3 nent, subsystem, or system level of the applicable acquisi4 tion program that are substantially superior to that of the

5 incumbent, the Panel shall submit that finding to the Under

6 Secretary.

7 (e) ACTION UPON FINDINGS.—Upon receiving a find8 ing under subsection (d), the Under Secretary shall carry

9 out a plan to acquire and implement the challenge proposal

10 with respect to which the finding was made. The Secretary

11 shall carry out such plan—

12 (1) after canceling the contract of any incumbent

13 that would be displaced by the implementation of the

14 challenge proposal; or

15 (2) after an appropriate program milestone

16 (such as the expiration of such a contract) has been

17 reached.

18 (f) ELIMINATION OF CONFLICTS OF INTEREST.—In

19 carrying out each review and evaluation under subsection

20 (c), the Secretary shall ensure the elimination of conflicts

21 of interest.

22 (g) FUNDING.—Of the funds authorized to be appro23 priated by section 201(4) for Defense-wide research, devel24 opment, test, and evaluation for fiscal year 2002,
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1 $40,000,000 shall be available in PE 63826D8Z for the

2 Challenge Program required by this section.

3 (h) REPORT.—The Secretary shall submit to Congress,

4 with the submission of the budget request for the Depart5 ment of Defense for each fiscal year beginning with fiscal

6 year 2003, a report on the implementation of this section.

7 The report shall include the number and scope of challenge

8 proposals submitted, reviewed and evaluated, found to be

9 substantially superior, and implemented.

10 Subtitle E—Air Force Science and

11 Technology for the 21st Century

12 SEC. 251. SHORT TITLE.

13 This subtitle may be cited as the ‘‘Air Force Science

14 and Technology for the 21st Century Act’’.

15 SEC. 252. SCIENCE AND TECHNOLOGY INVESTMENT AND

16 DEVELOPMENT PLANNING.

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

18 that the Secretary of the Air Force should carry out each

19 of the following:

20 (1) Continue and improve efforts to ensure

21 that—

22 (A) the Air Force science and technology

23 community is represented, and the recommenda24 tions of that community are considered, at all
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1 levels of program planning and budgetary deci2 sionmaking within the Air Force;

3 (B) advocacy for science and technology de4 velopment is institutionalized across all levels of

5 Air Force management in a manner that is not

6 dependent on individuals; and

7 (C) the value of Air Force science and tech8 nology development is made increasingly appar9 ent to the warfighters, by linking the needs of

10 those warfighters with decisions on science and

11 technology development.

12 (2) Complete and adopt a policy directive that

13 provides for changes in how the Air Force makes

14 budgetary and nonbudgetary decisions with respect to

15 its science and technology development programs and

16 how it carries out those programs.

17 (3) At least once every five years, conduct a re18 view of the long-term challenges and short-term objec19 tives of the Air Force science and technology pro20 grams that is consistent with the review specified in

21 section 252 of the Floyd D. Spence National Defense

22 Authorization Act for Fiscal Year 2001 (as enacted

23 into law by Public Law 106–398; 114 Stat. 1654A–

24 46).
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1 (4) Ensure that development and science and

2 technology planning and investment activities are

3 carried out for future space warfighting systems and

4 for future nonspace warfighting systems in an inte5 grated manner.

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

7 Secretary of the Air Force that has primary responsi8 bility for budget and policy decisions for science and

9 technology programs.

10 (b) REINSTATEMENT OF DEVELOPMENT PLANNING.—

11 (1) The Secretary of the Air Force shall reinstate and im12 plement a revised development planning process that pro13 vides for each of the following:

14 (A) Coordinating the needs of Air Force

15 warfighters with decisions on science and technology

16 development.

17 (B) Giving input into the establishment of prior18 ities among science and technology programs.

19 (C) Analyzing Air Force capability options for

20 the allocation of Air Force resources.

21 (D) Developing concepts for technology,

22 warfighting systems, and operations with which the

23 Air Force can achieve its critical future goals.
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1 (E) Evaluating concepts for systems and oper2 ations that leverage technology across Air Force orga3 nizational boundaries.

4 (F) Ensuring that a ‘‘system-of-systems’’ ap5 proach is used in carrying out the various Air Force

6 capability planning exercises.

7 (G) Utilizing existing analysis capabilities with8 in the Air Force product centers in a collaborative

9 and integrated manner.

10 (2) Not later than one year after the date of the enact11 ment of this Act, the Secretary of the Air Force shall submit

12 to Congress a report on the implementation of the planning

13 process required by paragraph (1). The report shall include

14 the annual amount that the Secretary considers necessary

15 to carry out paragraph (1).

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

17 FORCE SCIENCE AND TECHNOLOGY PRO18 GRAM CHANGES.

19 (a) REQUIREMENT.—The Secretary of the Air Force,

20 in cooperation with the National Research Council of the

21 National Academy of Sciences, shall carry out a study to

22 determine how the changes to the Air Force science and

23 technology program implemented during the past two years

24 affect the future capabilities of the Air Force.
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1 (b) MATTERS STUDIED.—(1) The study shall inde2 pendently review and assess whether such changes as a

3 whole are sufficient to ensure the following:

4 (A) That the concerns about the management of

5 the science and technology program that have been

6 raised by the Congress, the Defense Science Board, the

7 Air Force Science Advisory Board, and the Air Force

8 Association have been adequately addressed.

9 (B) That appropriate and sufficient technology

10 is available to ensure the military superiority of the

11 United States and counter future high-risk threats.

12 (C) That the science and technology investments

13 are balanced to meet the near-, mid-, and long-term

14 needs of the Air Force.

15 (D) That technologies are made available that

16 can be used to respond flexibly and quickly to a wide

17 range of future threats.

18 (E) That the Air Force organizational structure

19 provides for a sufficiently senior level advocate of

20 science and technology to ensure an ongoing, effective

21 presence of the science and technology community

22 during the budget and planning process.

23 (2) In addition, the study shall independently assess

24 the specific changes to the Air Force science and technology

25 program as follows:
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1 (A) Whether the biannual science and technology

2 summits provide sufficient visibility into, and under3 standing and appreciation of, the value of the science

4 and technology program to the senior level of Air

5 Force budget and policy decisionmakers.

6 (B) Whether the applied technology councils are

7 effective in contributing the input of all levels beneath

8 the senior leadership into the coordination, focus, and

9 content of the science and technology program.

10 (C) Whether the designation of the commander of

11 the Air Force Materiel Command as the science and

12 technology budget advocate is effective to assure that

13 an adequate budget top line is set.

14 (D) Whether the revised development planning

15 process is effective to aid in the coordination of the

16 needs of the Air Force warfighters with decisions on

17 science and technology investments and the establish18 ment of priorities among different science and tech19 nology programs.

20 (E) Whether the implementation of section 252 of

21 the Floyd D. Spence National Defense Authorization

22 Act for Fiscal Year 2001 (as enacted into law by Pub23 lic Law 106–398; 114 Stat. 1654A–46) is effective to

24 identify the basis for the appropriate science and

25 technology program top line and investment portfolio.
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1 (c) REPORT.—Not later than 60 days after the date

2 on which the study required by subsection (a) is completed,

3 the Secretary of the Air Force shall submit to Congress the

4 results of the study.

5 (d) FUNDING.—Of the amount made available pursu6 ant to section 201(3) for research, development, test, and

7 evaluation for the Air Force, $950,000 shall be available

8 only to carry out this section.

9 TITLE III—OPERATION AND

10 MAINTENANCE

11 Subtitle A—Authorization of

12 Appropriations

13 SEC. 301. OPERATION AND MAINTENANCE FUNDING.

14 Funds are hereby authorized to be appropriated for fis15 cal year 2002 for the use of the Armed Forces and other

16 activities and agencies of the Department of Defense for ex17 penses, not otherwise provided for, for operation and main18 tenance, in amounts as follows:

19 (1) For the Army, $21,015,280,000.

20 (2) For the Navy, $26,587,962,000.

21 (3) For the Marine Corps, $2,898,114,000.

22 (4) For the Air Force, $25,811,462,000.

23 (5) For Defense-wide activities, $11,922,131,000.

24 (6) For the Army Reserve, $1,814,246,000.

25 (7) For the Naval Reserve, $1,003,690,000.
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1 (8) For the Marine Corps Reserve, $144,023,000.

2 (9) For the Air Force Reserve, $2,017,866,000.

3 (10) For the Army National Guard,

4 $3,705,359,000.

5 (11) For the Air National Guard,

6 $3,967,361,000.

7 (12) For the Defense Inspector General,

8 $152,021,000.

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

10 the Armed Forces, $9,096,000.

11 (14) For Environmental Restoration, Army,

12 $389,800,000.

13 (15) For Environmental Restoration, Navy,

14 $257,517,000.

15 (16) For Environmental Restoration, Air Force,

16 $385,437,000.

17 (17) For Environmental Restoration, Defense18 wide, $23,492,000.

19 (18) For Environmental Restoration, Formerly

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

21 (19) For Overseas Humanitarian, Disaster, and

22 Civic Aid programs, $49,700,000.

23 (20) For Drug Interdiction and Counter-drug

24 Activities, Defense-wide, $820,381,000.
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1 (21) For the Kaho’olawe Island Conveyance, Re2 mediation, and Environmental Restoration Trust

3 Fund, $25,000,000.

4 (22) For Defense Health Program,

5 $17,570,750,000.

6 (23) For Cooperative Threat Reduction pro7 grams, $403,000,000.

8 (24) For Overseas Contingency Operations

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

10 (25) Support for International Sporting Com11 petitions, Defense, $15,800,000.

12 SEC. 302. WORKING CAPITAL FUNDS.

13 Funds are hereby authorized to be appropriated for fis14 cal year 2002 for the use of the Armed Forces and other

15 activities and agencies of the Department of Defense for

16 providing capital for working capital and revolving funds

17 in amounts as follows:

18 (1) For the Defense Working Capital Funds,

19 $1,951,986,000.

20 (2) For the National Defense Sealift Fund,

21 $407,708,000.

22 SEC. 303. ARMED FORCES RETIREMENT HOME.

23 There is hereby authorized to be appropriated for fiscal

24 year 2002 from the Armed Forces Retirement Home Trust

25 Fund the sum of $71,440,000 for the operation of the Armed
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1 Forces Retirement Home, including the United States Sol2 diers’ and Airmen’s Home and the Naval Home.

3 SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE

4 TRANSACTION FUND.

5 (a) TRANSFER AUTHORITY.—To the extent provided in

6 appropriations Acts, not more than $150,000,000 is author7 ized to be transferred from the National Defense Stockpile

8 Transaction Fund to operation and maintenance accounts

9 for fiscal year 2002 in amounts as follows:

10 (1) For the Army, $50,000,000.

11 (2) For the Navy, $50,000,000.

12 (3) For the Air Force, $50,000,000.

13 (b) TREATMENT OF TRANSFERS.—Amounts trans14 ferred under this section—

15 (1) shall be merged with, and be available for the

16 same purposes and the same period as, the amounts

17 in the accounts to which transferred; and

18 (2) may not be expended for an item that has

19 been denied authorization of appropriations by Con20 gress.

21 (c) RELATIONSHIP TO OTHER TRANSFER AUTHOR22 ITY.—The transfer authority provided in this section is in

23 addition to the transfer authority provided in section 1001.
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1 Subtitle B—Environmental

2 Provisions

3 SEC. 311. INVENTORY OF EXPLOSIVE RISK SITES AT

4 FORMER MILITARY RANGES.

5 (a) INVENTORY REQUIRED.—(1) Chapter 160 of title

6 10, United States Code, is amended by adding at the end

7 the following new section:

8 ‘‘§ 2710. Former military ranges: inventory of explosive

9 risk sites; use of inventory; public safety

10 issues

11 ‘‘(a) DEFINITIONS.—In this section:

12 ‘‘(1) The term ‘former military range’ means a

13 military range presently located in the United States

14 that—

15 ‘‘(A) is or was owned by, leased to, or other16 wise possessed or used by the Federal Govern17 ment;

18 ‘‘(B) is designated as a closed, transferred,

19 or transferring military range (rather than as

20 an active or inactive range); or

21 ‘‘(C) is or was used as a site for the dis22 posal of military munitions or for the use of

23 military munitions in training or research, de24 velopment, testing, and evaluation.
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1 ‘‘(2) The term ‘abandoned military munitions’

2 means unexploded ordnance and other abandoned

3 military munitions, including components thereof

4 and chemical weapons materiel, that pose a threat to

5 human health or safety.

6 ‘‘(3) The term ‘State’ includes the District of Co7 lumbia, the Commonwealth of Puerto Rico, and the

8 territories and possessions.

9 ‘‘(4) The term ‘United States’, in a geographic

10 sense, includes the Commonwealth of Puerto Rico and

11 the territories and possessions.

12 ‘‘(b) INVENTORY REQUIRED.—(1) The Secretary of De13 fense shall develop and maintain an inventory of former

14 military ranges that are known or suspected to contain

15 abandoned military munitions.

16 ‘‘(2) The information for each former military range

17 in the inventory shall include, at a minimum, the following:

18 ‘‘(A) A unique identifier for the range and its

19 current designation as either a closed, transferred, or

20 transferring range.

21 ‘‘(B) An appropriate record showing the loca22 tion, boundaries, and extent of the range, including

23 identification of the State and political subdivisions

24 of the State in which the range is located and any

25 Tribal lands encompassed by the range.
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1 ‘‘(C) Known persons and entities, other than a

2 military department, with any current ownership in3 terest or control of lands encompassed by the range.

4 ‘‘(D) Any restrictions or other land use controls

5 currently in place that might affect the potential for

6 public and environmental exposure to abandoned

7 military munitions.

8 ‘‘(c) SITE PRIORITIZATION.—(1) With respect to each

9 former military range included on the inventory, the Sec10 retary of Defense shall assign the range a relative priority

11 for response activities based on the overall conditions at the

12 range. The level of response priority assigned the range shall

13 be included with the information required by subsection

14 (b)(2) to be maintained for the range.

15 ‘‘(2) In assigning the response priority for a former

16 military range, the Secretary of Defense shall primarily

17 consider factors relating to safety and environmental haz18 ard potential, such as the following:

19 ‘‘(A) Whether there are known, versus suspected,

20 abandoned military munitions on all or any portion

21 of the range and the types of munitions present or

22 suspected to be present.

23 ‘‘(B) Whether public access to the range is con24 trolled, and the effectiveness of these controls.
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1 ‘‘(C) The potential for direct human contact with

2 abandoned military munitions at the range and evi3 dence of people entering the range.

4 ‘‘(D) Whether a response action has been or is

5 being undertaken at the range under the Formerly

6 Used Defense Sites program or other programs.

7 ‘‘(E) The planned or mandated dates for transfer

8 of the range from military control.

9 ‘‘(F) The extent of any documented incidents in10 volving abandoned military munitions at or from the

11 range. In this subparagraph, the term ‘incidents’

12 means any or all of the following: explosions, discov13 eries, injuries, reports, and investigations.

14 ‘‘(G) The potential for drinking water contami15 nation or the release of weapon components into the

16 air.

17 ‘‘(H) The potential for destruction of sensitive

18 ecosystems and damage to natural resources.

19 ‘‘(d) UPDATES AND AVAILABILITY.—(1) The Secretary

20 of Defense shall annually update the inventory and site

21 prioritization list to reflect new information that becomes

22 available. The inventory shall be available in published and

23 electronic form.

24 ‘‘(2) The Secretary of Defense shall work with adjacent

25 communities to provide information concerning conditions
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1 at the former military range and response activities, and

2 shall respond to inquiries. At a minimum, the Secretary

3 shall notify immediately affected individuals, appropriate

4 State, local, tribal, and Federal officials, and, when appro5 priate, civil defense or emergency management agencies.’’.

6 (2) The table of sections at the beginning of such chap7 ter is amended by adding at the end the following new item:

‘‘2710. Former military ranges: inventory of explosive risk sites; use of inventory;

public safety issues.’’.

8 (b) INITIAL INVENTORY.—The inventory required by

9 section 2710 of title 10, United States Code, as added by

10 subsection (a), shall be completed and made available not

11 later than one year after the date of the enactment of this

12 Act.

13 SEC. 312. NATIONAL SECURITY IMPACT STATEMENTS.

14 (a) EVALUATION OF NATIONAL SECURITY IMPACTS

15 REQUIRED.—(1) Chapter 160 of title 10, United States

16 Code, is amended by inserting after section 2710, as added

17 by section 311, the following new section:

18 ‘‘§ 2711. Environmental impact statements and envi19 ronmental assessments: evaluation of na20 tional security impacts of proposed action

21 and alternatives

22 ‘‘(a) AGENCY ACTION.—Whenever an environmental

23 impact statement or environmental assessment is required

24 under section 102 of the National Environmental Policy
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1 Act of 1969 (42 U.S.C. 4332) to be prepared in connection

2 with a proposed Department of Defense action, the Sec3 retary of Defense shall include as a part of the environ4 mental impact statement or environmental assessment a de5 tailed evaluation of the impact of the proposed action, and

6 each alternative to the proposed action considered in the

7 statement or assessment, on national security, including the

8 readiness, training, testing, and operations of the armed

9 forces.

10 ‘‘(b) AGENCY INPUT.—The Secretary of Defense shall

11 also include the evaluation required by subsection (a) in

12 any input provided by the Department of Defense as a co13 operating agency to a lead agency preparing an environ14 mental impact statement or environmental assessment.’’.

15 (2) The table of sections at the beginning of such chap16 ter is amended by adding at the end the following new item:

‘‘2711. Environmental impact statements and environmental assessments: evaluation of national security impacts of proposed action and alternatives.’’.

17 (b) EFFECTIVE DATE.—Section 2711 of title 10,

18 United States Code, as added by subsection (a), shall take

19 effect on the date of the enactment of this Act and apply

20 with respect to any environmental impact statement or en21 vironmental assessment prepared by the Secretary of De22 fense that has not been released in final form as of that

23 date.
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1 SEC. 313. REIMBURSEMENT FOR CERTAIN COSTS IN CON2 NECTION WITH HOOPER SANDS SITE, SOUTH

3 BERWICK, MAINE.

4 Using amounts authorized to be appropriated by sec5 tion 301(15) for environmental restoration for the Navy,

6 the Secretary of the Navy may pay $1,005,478 to the Hoo7 per Sands Special Account within the Hazardous Sub8 stance Superfund established by section 9507 of the Internal

9 Revenue Code of 1986 (26 U.S.C. 9507) to reimburse the

10 Environmental Protection Agency in full for certain re11 sponse costs incurred by the Environmental Protection

12 Agency for actions taken pursuant to the Comprehensive

13 Environmental Response, Compensation, and Liability Act

14 of 1980 (42 U.S.C. 9601 et seq.) at the Hooper Sands site

15 in South Berwick, Maine, pursuant to an interagency

16 agreement entered into by the Department of the Navy and

17 the Environmental Protection Agency in January 2001.

18 SEC. 314. RIVER MITIGATION STUDIES.

19 (a) PORT OF ORANGE, SABINE RIVER.—The Secretary

20 of Defense may conduct a study regarding mitigation needs

21 in connection with protruding structures and submerged ob22 jects remaining from the World War II Navy ship building

23 industry located at the former Navy installation in Orange,

24 Texas, which create navigational hazards along the Sabine

25 River and surrounding the Port of Orange.
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1 (b) PHILADELPHIA NAVAL SHIPYARD, DELAWARE

2 RIVER.—The Secretary of Defense may conduct a study re3 garding mitigation needs in connection with floating and

4 partially submerged debris possibly relating to the Philadel5 phia Naval Shipyard in that portion of the Delaware River

6 from Philadelphia to the mouth of the river which create

7 navigational hazards along the river.

8 (c) USE OF EXISTING INFORMATION.—In conducting

9 the studies authorized by this section, the Secretary shall

10 take into account any information available from other

11 studies conducted in connection with the same navigation

12 channels.

13 (d) CONSULTATION.—The Secretary shall conduct the

14 studies authorized by this section in consultation with ap15 propriate State and local government entities and Federal

16 agencies.

17 (e) REPORT ON STUDY RESULTS.—Not later than

18 April 30, 2002, the Secretary of Defense shall submit to the

19 Committee on Armed Services of the House of Representa20 tives and the Committee on Armed Services of the Senate

21 a report that summarizes the results of the studies conducted

22 under this section.

23 (f) COST SHARING.—Nothing in this section is in24 tended to require non-Federal cost sharing of the costs in-
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1 curred by the Secretary of Defense to conduct the studies

2 authorized by this section.

3 (g) REMOVAL AUTHORITY.—Consistent with existing

4 laws, using funds authorized to be appropriated for these

5 purposes, and after providing notice to Congress, the Sec6 retary of Defense may work with the other Federal, State,

7 local, and private entities—

8 (1) to remove the protruding structures and sub9 merged objects along the Sabine River and sur10 rounding the Port of Orange that resulted from the

11 abandonment of the ship building industry and Navy

12 installation in Orange, Texas; and

13 (2) to remove floating and partially submerged

14 debris in the portion of the Delaware River subject to

15 the study under subsection (b).

16 (h) RELATION TO OTHER LAWS AND AGREEMENTS.—

17 This section is not intended to modify any authorities pro18 vided to the Secretary of the Army by the Water Resources

19 Development Act of 1986 (33 U.S.C. 2201 et seq.), nor is

20 it intended to modify any non-Federal cost-sharing respon21 sibilities outlined in any local cooperation agreements.
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1 SEC. 315. ELIMINATION OF ANNUAL REPORT ON CON2 TRACTOR REIMBURSEMENT FOR COSTS OF

3 ENVIRONMENTAL RESPONSE ACTIONS.

4 Section 2706 of title 10, United States Code, is amend5 ed by striking subsection (c).

6 Subtitle C—Commissaries and Non7 appropriated Fund Instrumen8 talities

9 SEC. 321. RESERVE COMPONENT COMMISSARY BENEFITS.

10 (a) ELIGIBILITY FOR COMMISSARY BENEFITS.—Sec11 tion 1063 of title 10, United States Code, is amended—

12 (1) by striking subsection (a);

13 (2) by redesignating subsections (b) and (c) as

14 subsections (d) and (e), respectively; and

15 (3) by inserting after the section heading the fol16 lowing new subsections:

17 ‘‘(a) ELIGIBILITY.—Subject to subsection (c), the Sec18 retary concerned shall authorize members of the Ready Re19 serve described in subsection (b) to have 24 days of eligi20 bility to use commissary stores of the Department of Defense

21 for any calendar year.

22 ‘‘(b) COVERED MEMBERS.—Subsection (a) applies

23 with respect to the following members of the Ready Reserve:

24 ‘‘(1) A member of the Selected Reserve who is

25 satisfactorily participating in required training as
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1 prescribed in section 10147(a)(1) of this title or sec2 tion 502(a) of title 32 in that calendar year.

3 ‘‘(2) A member of the Ready Reserve (other than

4 a member described in paragraph (1)) who satisfac5 torily completes 50 or more points credible under sec6 tion 12732(a)(2) of this title in that calendar year.

7 ‘‘(c) REDUCED NUMBER OF COMMISSARY VISITS FOR

8 NEW MEMBERS.—The number of commissary visits author9 ized for a member of the Selected Reserve described in sub10 section (b)(1) who enters the Selected Reserve after the be11 ginning of the calendar year shall be equal to twice the

12 number of full months remaining in the calendar year.’’.

13 (b) CLERICAL AMENDMENTS.—(1) The heading of such

14 section is amended to read as follows:

15 ‘‘§ 1063. Use of commissary stores: members of Ready

16 Reserve’’.

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

18 54 of such title is amended by striking the item relating

19 to section 1063 and inserting the following new item:

‘‘1063. Use of commissary stores: members of Ready Reserve.’’.

20 SEC. 322. REIMBURSEMENT FOR NONCOMMISSARY USE OF

21 COMMISSARY FACILITIES.

22 Section 2685 of title 10, United States Code, is amend23 ed by adding at the end the following new subsection:

24 ‘‘(f) REIMBURSEMENT FOR NONCOMMISSARY USE OF

25 COMMISSARY FACILITIES.—(1) If the Secretary concerned
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1 uses for noncommissary purposes a commissary facility

2 whose construction was financed (in whole or in part) using

3 the proceeds of adjustments or surcharges authorized by sub4 section (a) or revenues referred to in subsection (e), the Sec5 retary concerned shall reimburse the commissary surcharge

6 account for the depreciated value of the investment made

7 with such proceeds and revenues.

8 ‘‘(2) In paragraph (1), the term ‘construction’ has the

9 meaning given such term in subsection (d)(2).’’.

10 SEC. 323. CIVIL RECOVERY FOR NONAPPROPRIATED FUND

11 INSTRUMENTALITY COSTS RELATED TO

12 SHOPLIFTING.

13 Section 3701(b)(1)(B) of title 31, United States Code,

14 is amended by inserting before the comma at the end the

15 following: ‘‘, including actual and administrative costs re16 lated to shoplifting, theft detection, and theft prevention’’.

17 Subtitle D—Workforce and Depot

18 Issues

19 SEC. 331. WORKFORCE REVIEW LIMITATIONS.

20 (a) LIMITATION PENDING GAO REPORT.—No more

21 than 50 percent of the workforce reviews planned during

22 fiscal year 2002 may be initiated before the date that is

23 the earlier of (1) May 1, 2002, or (2) the date on which

24 the Comptroller General submits to Congress the report re25 quired by section 832 of the Floyd D. Spence National De-
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1 fense Authorization Act for Fiscal Year 2001 (as enacted

2 by Public Law 106–398; 114 Stat. 1654A–221), regarding

3 policies and procedures governing the transfer of commer4 cial activities from Government personnel to Federal con5 tractors.

6 (b) REQUIRED COST SAVINGS LEVEL FOR CHANGE.—

7 (1) A commercial or industrial type function of the Depart8 ment of Defense may not be changed to performance by the

9 private sector as a result of a workforce review unless, as

10 a result of the cost comparison examination required as

11 part of the review that employed the most efficient organiza12 tion process described in Office of Management and Budget

13 Circular A–76 or any successor administrative regulation

14 or policy, at least a 10-percent cost savings would be

15 achieved by performance of the function by the private sec16 tor over the term of the contract.

17 (2) The cost savings requirement specified in para18 graph (1) does not apply to any contracts for special studies

19 and analyses, construction services, architectural services,

20 engineering services, medical services, scientific and tech21 nical services related to (but not in support of) research

22 and development, and depot-level maintenance and repair

23 services.

24 (3) The Secretary of Defense may waive the cost sav25 ings requirement if—
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1 (A) the written waiver is prepared by the Sec2 retary of Defense, or the relevant Assistant Secretary

3 or agency head; and

4 (B) the written waiver is accompanied by a de5 tailed determination that national security interests

6 are so compelling as to preclude compliance with the

7 requirement for a cost comparison examination.

8 (C) The Secretary of Defense shall publish a

9 copy of the waiver in the Federal Register.

10 (c) WORKFORCE REVIEW DEFINED.—In this section,

11 the term ‘‘workforce review’’ with respect to a function of

12 the Department of Defense performed by Department of De13 fense civilian employees, means a review conducted under

14 Office of Management and Budget Circular A–76 (or any

15 successor administrative regulation or policy).

16 SEC. 332. APPLICABILITY OF CORE LOGISTICS CAPABILITY

17 REQUIREMENTS TO NUCLEAR AIRCRAFT CAR18 RIERS.

19 Section 2464(a)(3) of title 10, United States Code, is

20 amended by striking ‘‘nuclear aircraft carriers’’ and insert21 ing ‘‘nuclear refueling of aircraft carriers’’.
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1 SEC. 333. CONTINUATION OF CONTRACTOR MANPOWER RE2 PORTING SYSTEM IN DEPARTMENT OF THE

3 ARMY.

4 Section 343 of the National Defense Authorization Act

5 for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 569)

6 is amended—

7 (1) by striking subsection (a) and inserting the

8 following new subsection (a):

9 ‘‘(a) REPORTING REQUIREMENT FOR DEPARTMENT OF

10 THE ARMY.—(1) Not later than March 1 of each fiscal year,

11 the Secretary of the Army shall submit to Congress a report

12 describing the use during the previous fiscal year of non13 Federal entities to provide services to the Department of the

14 Army.

15 ‘‘(2) The data collection required to prepare the report

16 is deemed to be in compliance with the requirements of

17 chapter 35 of title 44, United States Code, commonly known

18 as the Paperwork Reduction Act.

19 ‘‘(3) The report required by this section is needed to

20 comply with sections 115a and 129a of title 10, United

21 States Code, and is not a procurement action.’’;

22 (2) by striking ‘‘Department of Defense’’ each

23 place it appears and inserting ‘‘Department of the

24 Army’’; and

25 (3) by adding at the end the following new sub26 section:
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1 ‘‘(d) GAO EVALUATION.—Not later than 60 days after

2 the Secretary submits to Congress the report required under

3 subsection (a) for a fiscal year, the Comptroller General

4 shall submit to Congress an evaluation of the report.’’.

5 SEC. 334. LIMITATION ON EXPANSION OF WHOLESALE LO6 GISTICS MODERNIZATION PROGRAM.

7 (a) LIMITATION.—The Secretary of the Army may not

8 authorize the expansion of the Wholesale Logistics Mod9 ernization Program beyond the original legacy systems in10 cluded in the scope of the contract awarded in December

11 1999 until the Secretary certifies to Congress that the origi12 nal legacy systems have been successfully replaced.

13 (b) GAO EVALUATION.—Not later than 60 days after

14 the Secretary of the Army submits to Congress the certifi15 cation required under subsection (a), the Comptroller Gen16 eral shall submit to Congress an evaluation of the certifi17 cation.

18 SEC. 335. PILOT PROJECT FOR EXCLUSION OF CERTAIN EX19 PENDITURES FROM LIMITATION ON PRIVATE

20 SECTOR PERFORMANCE OF DEPOT-LEVEL

21 MAINTENANCE.

22 Section 2474 of title 10, United States Code, is amend23 ed by adding at the end the following new subsection:
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1 ‘‘(g) PILOT PROJECT FOR THE EXCLUSION OF CER2 TAIN EXPENDITURES FROM LIMITATION ON PRIVATE SEC3 TOR PERFORMANCE OF DEPOT-LEVEL MAINTENANCE.—

4 ‘‘(1) AMOUNTS EXCLUDED.—Amounts expended

5 out of funds described in paragraph (2) for the per6 formance of a depot-level maintenance and repair

7 workload by non-Federal Government personnel at a

8 Center of Industrial and Technical Excellence named

9 in paragraph (4) shall not be counted for the purposes

10 of section 2466(a) of this title if the personnel are

11 provided by private industry pursuant to a public12 private partnership undertaken by the Center under

13 subsection (b).

14 ‘‘(2) FUNDS FOR FISCAL YEARS 2002 THROUGH

15 2006.—The funds referred to in paragraph (1) are

16 funds available to the Air Force for depot-level main17 tenance and repair workloads for fiscal year 2002,

18 2003, 2004, 2005, or 2006, and shall not exceed 10

19 percent of the total funds available in any single

20 year.

21 ‘‘(3) REPORTING REQUIREMENTS.—All funds

22 covered by paragraph (1) shall be included as a sepa23 rate item in the reports required under paragraphs

24 (1), (2), and (3) of section 2466(e) of this title.
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1 ‘‘(4) COVERED CENTERS.—(A) The Centers of In2 dustrial and Technical Excellence referred to in para3 graph (1) are the following:

4 ‘‘(i) Oklahoma City Air Logistics Center,

5 Oklahoma.

6 ‘‘(ii) Ogden Air Logistics Center, Utah.

7 ‘‘(iii) Warner-Robins Air Logistics Center,

8 Georgia.

9 ‘‘(B) The Secretary of the Air Force shall des10 ignate as a Center of Industrial and Technical Excel11 lence under this section any of the air logistics centers

12 named in subparagraph (A) that have not previously

13 been so designated and shall specify the core com14 petencies for which the designation is made.’’.

15 SEC. 336. PROTECTIONS FOR PURCHASERS OF ARTICLES

16 AND SERVICES MANUFACTURED OR PER17 FORMED BY WORKING-CAPITAL FUNDED IN18 DUSTRIAL FACILITIES OF THE DEPARTMENT

19 OF DEFENSE..

20 (a) GENERAL RULE.—Section 2563(c) of title 10,

21 United States Code, is amended—

22 (1) in paragraph (1)(B), by striking ‘‘in any

23 case of willful misconduct or gross negligence’’ and

24 inserting ‘‘as provided in paragraph (3)’’; and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(3) Paragraph (1)(B) does not apply in any case of

4 willful misconduct or gross negligence or in the case of a

5 claim by a purchaser of articles or services under this sec6 tion that damages or injury arose from the failure of the

7 Government to comply with quality, schedule, or cost per8 formance requirements in the contract to provide the arti9 cles or services.’’.

10 (b) CONFORMING AMENDMENT.—Section

11 2474(e)(2)(B)(i) of such title is amended by striking ‘‘in

12 a case of willful conduct or gross negligence’’ and inserting

13 ‘‘under the circumstances described in section 2563(c)(3) of

14 this title’’.

15 Subtitle E—Defense Dependents

16 Education

17 SEC. 341. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

18 THAT BENEFIT DEPENDENTS OF MEMBERS

19 OF THE ARMED FORCES AND DEPARTMENT

20 OF DEFENSE CIVILIAN EMPLOYEES.

21 (a) CONTINUATION OF DEPARTMENT OF DEFENSE

22 PROGRAM FOR FISCAL YEAR 2002.—Of the amount author23 ized to be appropriated pursuant to section 301(5) for oper24 ation and maintenance for Defense-wide activities—
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1 (1) $30,000,000 shall be available only for the

2 purpose of providing educational agencies assistance

3 to local educational agencies; and

4 (2) $1,000,000 shall be available only for the

5 purpose of making payments to local educational

6 agencies to assist such agencies in adjusting to reduc7 tions in the number of military dependent students as

8 a result of the closure or realignment of military in9 stallations, as provided in section 386(d) of the Na10 tional Defense Authorization Act for Fiscal Year 1993

11 (Public Law 102–484; 20 U.S.C. 7703 note).

12 (b) NOTIFICATION.—Not later than June 30, 2002, the

13 Secretary of Defense shall notify each local educational

14 agency that is eligible for assistance or a payment under

15 subsection (a) for fiscal year 2002 of—

16 (1) that agency’s eligibility for the assistance or

17 payment; and

18 (2) the amount of the assistance or payment for

19 which that agency is eligible.

20 (c) DISBURSEMENT OF FUNDS.—The Secretary of De21 fense shall disburse funds made available under subsection

22 (a) not later than 30 days after the date on which notifica23 tion to the eligible local educational agencies is provided

24 pursuant to subsection (b).

25 (d) DEFINITIONS.—In this section:
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1 (1) The term ‘‘educational agencies assistance’’

2 means assistance authorized under section 386(b) of

3 the National Defense Authorization Act for Fiscal

4 Year 1993 (Public Law 102–484; 20 U.S.C. 7703

5 note).

6 (2) The term ‘‘local educational agency’’ has the

7 meaning given that term in section 8013(9) of the El8 ementary and Secondary Education Act of 1965 (20

9 U.S.C. 7713(9)).

10 SEC. 342. AVAILABILITY OF AUXILIARY SERVICES OF DE11 FENSE DEPENDENTS’ EDUCATION SYSTEM

12 FOR DEPENDENTS WHO ARE HOME SCHOOL

13 STUDENTS.

14 Section 1407 of the Defense Dependents’ Education Act

15 of 1978 (20 U.S.C. 926) is amended—

16 (1) by redesignating subsection (d) as subsection

17 (e); and

18 (2) by inserting after subsection (c) the following

19 new subsection:

20 ‘‘(d) AUXILIARY SERVICES AVAILABLE TO HOME

21 SCHOOL STUDENTS.—(1) A dependent who is educated in

22 a home school setting, but who is eligible to enroll in a

23 school of the defense dependents’ education system, shall be

24 permitted to use or receive auxiliary services of that school

25 without being required to either enroll in that school or reg-
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1 ister for a minimum number of courses offered by that

2 school. The dependent may be required to satisfy other eligi3 bility requirements applicable to students actually enrolled

4 in that school who use or receive the same auxiliary services.

5 ‘‘(2) For purposes of paragraph (1), the term ‘auxil6 iary services’ includes registration in individual courses,

7 use of academic resources, access to the library of the school,

8 after hours use of school facilities, and participation in

9 music, sports, and other extracurricular and interscholastic

10 activities.’’.

11 SEC. 343. REPORT REGARDING COMPENSATION FOR TEACH12 ERS EMPLOYED IN TEACHING POSITIONS IN

13 OVERSEAS SCHOOLS OPERATED BY THE DE14 PARTMENT OF DEFENSE.

15 Not later than 180 days after the date of the enactment

16 of this Act, the Secretary of Defense shall submit to Congress

17 a report evaluating the method currently used by the Sec18 retary to fix the basic compensation for teachers and teach19 ing positions in the Department of Defense under the De20 fense Department Overseas Teachers Pay and Personnel

21 Practices Act (20 U.S.C. 901 et seq.). The report shall in22 clude the recommendations of the Secretary regarding a

23 proposal to increase such compensation to reflect the aver24 age of the range of rates of basic compensation for similar

25 teaching positions of a comparable level of duties and re-
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1 sponsibilities for teachers employed in public schools in the

2 District of Columbia metropolitan area, which includes the

3 District of Columbia Public Schools, Arlington Public

4 Schools, Alexandria City Public Schools, Fairfax County

5 Public Schools, Montgomery County Public Schools, and

6 Prince George’s County Public Schools.

7 Subtitle F—Other Matters

8 SEC. 351. AVAILABILITY OF EXCESS DEFENSE PERSONAL

9 PROPERTY TO SUPPORT DEPARTMENT OF

10 VETERANS AFFAIRS INITIATIVE TO ASSIST

11 HOMELESS VETERANS.

12 (a) TRANSFER AUTHORITY.—Section 2557(a) of title

13 10, United States Code, is amended—

14 (1) by striking ‘‘The Secretary’’ and inserting

15 ‘‘(1) The Secretary’’; and

16 (2) by adding at the end the following new para17 graph:

18 ‘‘(2) The Secretary of Defense may make excess cloth19 ing, shoes, sleeping bags, and related nonlethal excess sup20 plies available to the Secretary of Veterans Affairs for dis21 tribution to homeless veterans and programs assisting

22 homeless veterans. The transfer of nonlethal excess supplies

23 to the Secretary of Veterans Affairs under this paragraph

24 shall be without reimbursement.’’.
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1 (b) CLERICAL AMENDMENTS.—(1) The heading of such

2 section is amended to read as follows:

3 ‘‘§ 2557. Excess nonlethal supplies: availability for

4 homeless veteran initiatives and humani5 tarian relief’’.

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

7 152 of such title is amended by striking the item relating

8 to section 2557 and inserting the following new item:

‘‘2557. Excess nonlethal supplies: availability for homeless veteran initiatives and

humanitarian relief.’’.

9 SEC. 352. CONTINUATION OF LIMITATIONS ON IMPLEMEN10 TATION OF NAVY-MARINE CORPS INTRANET

11 CONTRACT.

12 (a) EXCLUSION OF MARINE CORPS.—Subsection (c) of

13 section 814 of the Floyd D. Spence National Defense Au14 thorization Act for Fiscal Year 2001 (as enacted by Public

15 Law 106–398; 114 Stat. 1654A–215) is amended—

16 (1) by striking ‘‘PROHIBITION ON INCREASE OF

17 RATES CHARGED.—’’ and inserting ‘‘PROHIBI18 TIONS.—(1)’’;

19 (2) by striking ‘‘fiscal year 2001’’ and inserting

20 ‘‘fiscal year 2002’’; and

21 (3) by adding at the end the following new para22 graph:

23 ‘‘(2) The Navy Intranet contract may not include any

24 activities of the Marine Corps.’’.
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1 (b) LIMITATION ON PHASED IMPLEMENTATION.—Sub2 section (b)(4) of such section is amended—

3 (1) by striking ‘‘fiscal year 2001’’ both places it

4 appears and inserting ‘‘fiscal year 2002’’; and

5 (2) by striking ‘‘Marine Corps, the naval ship6 yards, or’’ both places it appears and inserting

7 ‘‘naval shipyards or’’.

8 SEC. 353. COMPLETION AND EVALUATION OF CURRENT

9 DEMONSTRATION PROGRAMS TO IMPROVE

10 QUALITY OF PERSONAL PROPERTY SHIP11 MENTS OF MEMBERS.

12 (a) COMPLETION.—The Secretary of Defense shall con13 duct to completion all demonstration programs in the De14 partment of Defense that were designed to improve the

15 movement of household goods of members of the Armed

16 Forces and were being conducted or authorized as of October

17 1, 2000,

18 (b) EVALUATION.—Not later than August 31, 2002, the

19 Secretary of Defense shall submit to Congress a report eval20 uating whether the demonstration programs referred to in

21 subsection (a), as implemented, satisfy the goals (as con22 tained in the General Accounting Report NSIAD 97–49)

23 for such demonstration programs previously agreed upon

24 between the Department of Defense and representatives of
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1 private sector entities involved in the transportation of

2 household goods for members of the Armed Forces.

3 (c) INTERIM REPORTS.—Not later than January 15,

4 2002, and April 15, 2002, the Secretary shall submit to

5 Congress interim reports regarding the progress of the dem6 onstration programs referred to in subsection (a).

7 SEC. 354. EXPANSION OF ENTITIES ELIGIBLE FOR LOAN,

8 GIFT, AND EXCHANGE OF DOCUMENTS, HIS9 TORICAL ARTIFACTS, AND OBSOLETE COM10 BAT MATERIEL.

11 Section 2572(a)(1) of title 10, United States Code, is

12 amended by inserting before the period at the end the fol13 lowing: ‘‘, county, or other political subdivision of a State’’.

14 SEC. 355. SENSE OF CONGRESS REGARDING SECURITY TO

15 BE PROVIDED AT THE 2002 WINTER OLYMPIC

16 GAMES.

17 It is the sense of Congress that the Secretary of Defense

18 should provide essential and appropriate public safety and

19 security support for the 2002 Winter Olympic Games in

20 Salt Lake City, Utah.
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1 TITLE IV—MILITARY PERSONNEL

2 AUTHORIZATIONS

3 Subtitle A—Active Forces

4 SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

5 The Armed Forces are authorized strengths for active

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

7 (1) The Army, 480,000.

8 (2) The Navy, 376,000.

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

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

11 SEC. 402. REVISION IN PERMANENT END STRENGTH MIN12 IMUM LEVELS.

13 (a) REVISED END STRENGTH FLOORS.—Section

14 691(b) of title 10, United States Code, is amended—

15 (1) in paragraph (2), by striking ‘‘372,000’’ and

16 inserting ‘‘376,000’’; and

17 (2) in paragraph (4), by striking ‘‘357,000’’ and

18 inserting ‘‘358,800’’.

19 (b) EFFECTIVE DATE.—The amendments made by sub20 section (a) shall take effect on October 1, 2001, or the date

21 of the enactment of this Act, whichever is later.
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1 Subtitle B—Reserve Forces

2 SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

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

4 strengths for Selected Reserve personnel of the reserve com5 ponents as of September 30, 2002, as follows:

6 (1) The Army National Guard of the United

7 States, 350,000.

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

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

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

11 (5) The Air National Guard of the United

12 States, 108,400.

13 (6) The Air Force Reserve, 74,700.

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

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

16 subsection (a) for the Selected Reserve of any reserve compo17 nent shall be proportionately reduced by—

18 (1) the total authorized strength of units orga19 nized to serve as units of the Selected Reserve of such

20 component which are on active duty (other than for

21 training) at the end of the fiscal year; and

22 (2) the total number of individual members not

23 in units organized to serve as units of the Selected

24 Reserve of such component who are on active duty

25 (other than for training or for unsatisfactory partici-
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1 pation in training) without their consent at the end

2 of the fiscal year.

3 Whenever such units or such individual members are re4 leased from active duty during any fiscal year, the end

5 strength prescribed for such fiscal year for the Selected Re6 serve of such reserve component shall be proportionately in7 creased by the total authorized strengths of such units and

8 by the total number of such individual members.

9 SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE

10 DUTY IN SUPPORT OF THE RESERVES.

11 Within the end strengths prescribed in section 411(a),

12 the reserve components of the Armed Forces are authorized,

13 as of September 30, 2002, the following number of Reserves

14 to be serving on full-time active duty or full-time duty, in

15 the case of members of the National Guard, for the purpose

16 of organizing, administering, recruiting, instructing, or

17 training the reserve components:

18 (1) The Army National Guard of the United

19 States, 22,974.

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

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

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

23 (5) The Air National Guard of the United

24 States, 11,591.

25 (6) The Air Force Reserve, 1,437.
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1 SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS

2 (DUAL STATUS).

3 The minimum number of military technicians (dual

4 status) as of the last day of fiscal year 2002 for the reserve

5 components of the Army and the Air Force (notwith6 standing section 129 of title 10, United States Code) shall

7 be the following:

8 (1) For the Army National Guard of the

9 United States, 23,128.

10 (2) For the Army Reserve, 5,999.

11 (3) For the Air National Guard of the

12 United States, 22,422.

13 (4) For the Air Force Reserve, 9,818.

14 SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STA15 TUS TECHNICIANS.

16 (a) LIMITATION.—The number of non-dual status tech17 nicians employed by the reserve components of the Army

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

19 the following:

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

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

22 States, 1,600.

23 (3) For the Air Force Reserve, 90.

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

25 States, 350.
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1 (b) NON-DUAL STATUS TECHNICIANS DEFINED.—In

2 this section, the term ‘‘non-dual status technician’’ has the

3 meaning given that term in section 10217(a) of title 10,

4 United States Code.

5 SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PER6 SONNEL SERVING ON ACTIVE DUTY OR FULL7 TIME NATIONAL GUARD DUTY IN CERTAIN

8 GRADES FOR ADMINISTRATION OF RESERVE

9 COMPONENTS.

10 (a) OFFICERS.—The text of section 12011 of title 10,

11 United States Code, is amended to read as follows:

12 ‘‘(a) LIMITATIONS.—(1) Of the total number of mem13 bers of a reserve component who are serving on full-time

14 reserve component duty at the end of any fiscal year, the

15 number of those members who may be serving in each of

16 the grades of major, lieutenant colonel, and colonel may not,

17 as of the end of that fiscal year, exceed the number deter18 mined in accordance with the following table:

‘‘Total number of members of a reserve component serving on full-time reserve component

duty:

Number of officers of that reserve component who may be serving

in the grade of:

Major Lieutenant Colonel Colonel

Army Reserve:

10,000 ........................................................ 1,390 740 230

11,000 ........................................................ 1,529 803 242

12,000 ........................................................ 1,668 864 252

13,000 ........................................................ 1,804 924 262

14,000 ........................................................ 1,940 984 272

15,000 ........................................................ 2,075 1,044 282

16,000 ........................................................ 2,210 1,104 291

17,000 ........................................................ 2,345 1,164 300

18,000 ........................................................ 2,479 1,223 309

19,000 ........................................................ 2,613 1,282 318

20,000 ........................................................ 2,747 1,341 327

21,000 ........................................................ 2,877 1,400 336
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‘‘Total number of members of a reserve component serving on full-time reserve component

duty:

Number of officers of that reserve component who may be serving

in the grade of:

Major Lieutenant Colonel Colonel

Army National Guard:

20,000 ........................................................ 1,500 850 325

22,000 ........................................................ 1,650 930 350

24,000 ........................................................ 1,790 1,010 370

26,000 ........................................................ 1,930 1,085 385

28,000 ........................................................ 2,070 1,160 400

30,000 ........................................................ 2,200 1,235 405

32,000 ........................................................ 2,330 1,305 408

34,000 ........................................................ 2,450 1,375 411

36,000 ........................................................ 2,570 1,445 411

38,000 ........................................................ 2,670 1,515 411

40,000 ........................................................ 2,770 1,580 411

42,000 ........................................................ 2,837 1,644 411

Marine Corps Reserve:

1,100 .......................................................... 106 56 20

1,200 .......................................................... 110 60 21

1,300 .......................................................... 114 63 22

1,400 .......................................................... 118 66 23

1,500 .......................................................... 121 69 24

1,600 .......................................................... 124 72 25

1,700 .......................................................... 127 75 26

1,800 .......................................................... 130 78 27

1,900 .......................................................... 133 81 28

2,000 .......................................................... 136 84 29

2,100 .......................................................... 139 87 30

2,200 .......................................................... 141 90 31

2,300 .......................................................... 143 92 32

2,400 .......................................................... 145 94 33

2,500 .......................................................... 147 96 34

2,600 .......................................................... 149 98 35

Air Force Reserve:

500 ............................................................. 83 85 50

1,000 .......................................................... 155 165 95

1,500 .......................................................... 220 240 135

2,000 .......................................................... 285 310 170

2,500 .......................................................... 350 369 203

3,000 .......................................................... 413 420 220

3,500 .......................................................... 473 464 230

4,000 .......................................................... 530 500 240

4,500 .......................................................... 585 529 247

5,000 .......................................................... 638 550 254

5,500 .......................................................... 688 565 261

6,000 .......................................................... 735 575 268

7,000 .......................................................... 770 595 280

8,000 .......................................................... 805 615 290

10,000 ........................................................ 835 635 300

Air National Guard:

5,000 .......................................................... 333 335 251

6,000 .......................................................... 403 394 260

7,000 .......................................................... 472 453 269

8,000 .......................................................... 539 512 278

9,000 .......................................................... 606 571 287

10,000 ........................................................ 673 630 296

11,000 ........................................................ 740 688 305

12,000 ........................................................ 807 742 314

13,000 ........................................................ 873 795 323

14,000 ........................................................ 939 848 332

15,000 ........................................................ 1,005 898 341

16,000 ........................................................ 1,067 948 350
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‘‘Total number of members of a reserve component serving on full-time reserve component

duty:

Number of officers of that reserve component who may be serving

in the grade of:

Major Lieutenant Colonel Colonel

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.

1 ‘‘(2) Of the total number of members of the Naval Re2 serve who are serving on full-time reserve component duty

3 at the end of any fiscal year, the number of those members

4 who may be serving in each of the grades of lieutenant com5 mander, commander, and captain may not, as of the end

6 of that fiscal year, exceed the number determined in accord7 ance with the following table:

‘‘Total number of members of Naval Reserve

serving on full-time reserve component duty

Number of officers who may be serving in the grade of:

Lieutenant commander Commander Captain

10,000 ........................................................ 807 447 141

11,000 ........................................................ 867 467 153

12,000 ........................................................ 924 485 163

13,000 ........................................................ 980 503 173

14,000 ........................................................ 1,035 521 183

15,000 ........................................................ 1,088 538 193

16,000 ........................................................ 1,142 555 203

17,000 ........................................................ 1,195 565 213

18,000 ........................................................ 1,246 575 223

19,000 ........................................................ 1,291 585 233

20,000 ........................................................ 1,334 595 242

21,000 ........................................................ 1,364 603 250

22,000 ........................................................ 1,384 610 258

23,000 ........................................................ 1,400 615 265

24,000 ........................................................ 1,410 620 270.

8 ‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the

9 total number of members of a reserve component serving

10 on full-time reserve component duty is between any two

11 consecutive numbers in the first column of the appropriate

12 table in paragraph (1) or (2) of subsection (a), the cor13 responding authorized strengths for each of the grades
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1 shown in that table for that component are determined by

2 mathematical interpolation between the respective numbers

3 of the two strengths. If the total number of members of a

4 reserve component serving on full-time reserve component

5 duty is more or less than the highest or lowest number, re6 spectively, set forth in the first column of the appropriate

7 table in paragraph (1) or (2) of subsection (a), the Sec8 retary concerned shall fix the corresponding strengths for

9 the grades shown in that table at the same proportion as

10 is reflected in the nearest limit shown in the table.

11 ‘‘(c) REALLOCATIONS TO LOWER GRADES.—Whenever

12 the number of officers serving in any grade for duty de13 scribed in subsection (a) is less than the number authorized

14 for that grade under this section, the difference between the

15 two numbers may be applied to increase the number author16 ized under this section for any lower grade.

17 ‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining

18 that it is in the national interest to do so, the Secretary

19 of Defense may increase for a particular fiscal year the

20 number of reserve officers that may be on full-time reserve

21 component duty for a reserve component in a grade referred

22 to in a table in subsection (a) by a number that does not

23 exceed the number equal to 5 percent of the maximum num24 ber specified for the grade in that table.
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1 ‘‘(2) Whenever the Secretary exercises the authority

2 provided in paragraph (1), the Secretary shall submit to

3 the Committee on Armed Services of the Senate and the

4 Committee on Armed Services of the House of Representa5 tives notice in writing of the adjustment made.

6 ‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DE7 FINED.—In this section, the term ‘full-time reserve compo8 nent duty’ means the following duty:

9 ‘‘(1) Active duty described in sections 10211,

10 10302, 10303, 10304, 10305, 12310, or 12402 of this

11 title.

12 ‘‘(2) Full-time National Guard duty (other than

13 for training) under section 502(f) of title 32.

14 ‘‘(3) Active duty described in section 708 of title

15 32.’’.

16 (b) SENIOR ENLISTED MEMBERS.—The text of section

17 12012 of title 10, United States Code, is amended to read

18 as follows:

19 ‘‘(a) LIMITATIONS.—Of the total number of members

20 of a reserve component who are serving on full-time reserve

21 component duty at the end of any fiscal year, the number

22 of those members in each of pay grades of E–8 and E–9

23 who may be serving on active duty under section 10211

24 or 12310, or on full-time National Guard duty under the

25 authority of section 502(f) of title 32 (other than for train-
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1 ing) in connection with organizing, administering, recruit2 ing, instructing, or training the reserve components or the

3 National Guard may not, as of the end of that fiscal year,

4 exceed the number determined in accordance with the fol5 lowing table:

‘‘Total number of members of a reserve component serving on full-time

reserve component duty:

Number of members of that reserve component who may be serving in the grade of:

E–8 E–9

Army Reserve:

10,000 .......................................................................................... 1,052 154

11,000 .......................................................................................... 1,126 168

12,000 .......................................................................................... 1,195 180

13,000 .......................................................................................... 1,261 191

14,000 .......................................................................................... 1,327 202

15,000 .......................................................................................... 1,391 213

16,000 .......................................................................................... 1,455 224

17,000 .......................................................................................... 1,519 235

18,000 .......................................................................................... 1,583 246

19,000 .......................................................................................... 1,647 257

20,000 .......................................................................................... 1,711 268

21,000 .......................................................................................... 1,775 278

Army National Guard:

20,000 .......................................................................................... 1,650 550

22,000 .......................................................................................... 1,775 615

24,000 .......................................................................................... 1,900 645

26,000 .......................................................................................... 1,945 675

28,000 .......................................................................................... 1,945 705

30,000 .......................................................................................... 1,945 725

32,000 .......................................................................................... 1,945 730

34,000 .......................................................................................... 1,945 735

36,000 .......................................................................................... 1,945 738

38,000 .......................................................................................... 1,945 741

40,000 .......................................................................................... 1,945 743

42,000 .......................................................................................... 1,945 743

Naval Reserve:

10,000 .......................................................................................... 340 143

11,000 .......................................................................................... 364 156

12,000 .......................................................................................... 386 169

13,000 .......................................................................................... 407 182

14,000 .......................................................................................... 423 195

15,000 .......................................................................................... 435 208

16,000 .......................................................................................... 447 221

17,000 .......................................................................................... 459 234

18,000 .......................................................................................... 471 247

19,000 .......................................................................................... 483 260

20,000 .......................................................................................... 495 273

21,000 .......................................................................................... 507 286

22,000 .......................................................................................... 519 299

23,000 .......................................................................................... 531 312

24,000 .......................................................................................... 540 325

Marine Corps Reserve:

1,100 ............................................................................................ 50 11

1,200 ............................................................................................ 55 12

1,300 ............................................................................................ 60 13
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‘‘Total number of members of a reserve component serving on full-time

reserve component duty:

Number of members of that reserve component who may be serving in the grade of:

E–8 E–9

1,400 ............................................................................................ 65 14

1,500 ............................................................................................ 70 15

1,600 ............................................................................................ 75 16

1,700 ............................................................................................ 80 17

1,800 ............................................................................................ 85 18

1,900 ............................................................................................ 89 19

2,000 ............................................................................................ 93 20

2,100 ............................................................................................ 96 21

2,200 ............................................................................................ 99 22

2,300 ............................................................................................ 101 23

2,400 ............................................................................................ 103 24

2,500 ............................................................................................ 105 25

2,600 ............................................................................................ 107 26

Air Force Reserve:

500 ............................................................................................... 75 40

1,000 ............................................................................................ 145 75

1,500 ............................................................................................ 208 105

2,000 ............................................................................................ 270 130

2,500 ............................................................................................ 325 150

3,000 ............................................................................................ 375 170

3,500 ............................................................................................ 420 190

4,000 ............................................................................................ 460 210

4,500 ............................................................................................ 495 230

5,000 ............................................................................................ 530 250

5,500 ............................................................................................ 565 270

6,000 ............................................................................................ 600 290

7,000 ............................................................................................ 670 330

8,000 ............................................................................................ 740 370

10,000 .......................................................................................... 800 400

Air National Guard

5,000 ............................................................................................ 1,020 405

6,000 ............................................................................................ 1,070 435

7,000 ............................................................................................ 1,120 465

8,000 ............................................................................................ 1,170 490

9,000 ............................................................................................ 1,220 510

10,000 .......................................................................................... 1,270 530

11,000 .......................................................................................... 1,320 550

12,000 .......................................................................................... 1,370 570

13,000 .......................................................................................... 1,420 589

14,000 .......................................................................................... 1,470 608

15,000 .......................................................................................... 1,520 626

16,000 .......................................................................................... 1,570 644

17,000 .......................................................................................... 1,620 661

18,000 .......................................................................................... 1,670 678

19,000 .......................................................................................... 1,720 695

20,000 .......................................................................................... 1,770 712.

1 ‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the

2 total number of members of a reserve component serving

3 on full-time reserve component duty is between any two

4 consecutive numbers in the first column of the table in sub5 section (a), the corresponding authorized strengths for each
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1 of the grades shown in that table for that component are

2 determined by mathematical interpolation between the re3 spective numbers of the two strengths. If the total number

4 of members of a reserve component serving on full-time re5 serve component duty is more or less than the highest or

6 lowest number, respectively, set forth in the first column

7 of the table in subsection (a), the Secretary concerned shall

8 fix the corresponding strengths for the grades shown in the

9 table at the same proportion as is reflected in the nearest

10 limit shown in the table.

11 ‘‘(c) REALLOCATIONS TO LOWER GRADE.—Whenever

12 the number of officers serving in pay grade E–9 for duty

13 described in subsection (a) is less than the number author14 ized for that grade under this section, the difference between

15 the two numbers may be applied to increase the number

16 authorized under this section for pay grade E–8.

17 ‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining

18 that it is in the national interest to do so, the Secretary

19 of Defense may increase for a particular fiscal year the

20 number of reserve enlisted members that may be on active

21 duty or full-time National Guard duty as described in sub22 section (a) for a reserve component in a pay grade referred

23 to in a table in subsection (a) by a number that does not

24 exceed the number equal to 5 percent of the maximum num-
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1 ber specified for that grade and reserve component in the

2 table.

3 ‘‘(2) Whenever the Secretary exercises the authority

4 provided in paragraph (1), the Secretary shall submit to

5 the Committee on Armed Services of the Senate and the

6 Committee on Armed Services of the House of Representa7 tives notice in writing of the adjustment made.

8 ‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DE9 FINED.—In this section, the term ‘full-time reserve compo10 nent duty’ has the meaning given the term in section

11 12011(e) of this title.’’.

12 (c) EFFECTIVE DATE.—The amendments made by this

13 section shall take effect on October 1, 2001, or the date of

14 the enactment of this Act, whichever is later.

15 Subtitle C—Other Matters Relating

16 to Personnel Strengths

17 SEC. 421. INCREASE IN PERCENTAGE BY WHICH ACTIVE

18 COMPONENT END STRENGTHS FOR ANY FIS19 CAL YEAR MAY BE INCREASED.

20 (a) INCREASE.—Section 115(c)(1) of title 10, United

21 States Code, is amended by striking ‘‘1 percent’’ and insert22 ing ‘‘2 percent’’.

23 (b) EFFECTIVE DATE.—The amendment made by sub24 section (a) shall take effect on October 1, 2001, or the date

25 of the enactment of this Act, whichever is later.
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1 SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR

2 NATIONAL GUARD AND RESERVE PERSONNEL

3 PERFORMING FUNERAL HONORS FUNCTIONS.

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

5 amended by adding at the end the following new para6 graphs:

7 ‘‘(10) Members of reserve components on active

8 duty to prepare for and to perform funeral honors

9 functions for funerals of veterans in accordance with

10 section 1491 of this title.

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

12 to prepare for and perform funeral honors functions

13 for funerals of veterans in accordance with section

14 1491 of this title.’’.

15 SEC. 423. INCREASE IN AUTHORIZED STRENGTHS FOR AIR

16 FORCE OFFICERS ON ACTIVE DUTY IN THE

17 GRADE OF MAJOR.

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

19 Code, is amended by striking the figures under the heading

20 ‘‘Major’’ in the portion of the table relating to the Air Force

21 and inserting the following:
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‘‘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’’.

1 Subtitle D—Authorization of

2 Appropriations

3 SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILI4 TARY PERSONNEL.

5 There is hereby authorized to be appropriated to the

6 Department of Defense for military personnel for fiscal year

7 2002 a total of $82,279,101,000. The authorization in the

8 preceding sentence supersedes any other authorization of

9 appropriations (definite or indefinite) for such purpose for

10 fiscal year 2002.
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1 TITLE V—MILITARY PERSONNEL

2 POLICY

3 Subtitle A—General Personnel

4 Management Authorities

5 SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF

6 SENIOR GENERAL AND FLAG OFFICER POSI7 TIONS.

8 (a) REPEAL OF LIMIT ON NUMBER OF OFFICERS ON

9 ACTIVE DUTY IN GRADES OF GENERAL AND ADMIRAL.—

10 Section 528 of title 10, United States Code, is repealed.

11 (b) CLERICAL AMENDMENT.—The table of sections at

12 the beginning of chapter 32 of such title is amended by

13 striking the item relating to section 528.

14 SEC. 502. ORIGINAL APPOINTMENTS IN REGULAR GRADES

15 FOR ACADEMY GRADUATES AND CERTAIN

16 OTHER NEW OFFICERS.

17 (a) REPEAL OF REQUIREMENT FOR ONE YEAR OF AC18 TIVE DUTY IN A RESERVE GRADE.—Section 532(e) of title

19 10, United States Code, is repealed.

20 (b) MILITARY ACADEMY GRADUATES.—Section

21 4353(b) of such title is amended to read as follows:

22 ‘‘(b) A cadet who completes the prescribed course of in23 struction, is qualified for an original appointment in a reg24 ular component under section 532 of this title, and meets

25 such other criteria for appointment as a commissioned offi-
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1 cer in the Army as may be prescribed by the Secretary of

2 the Army shall, upon graduation, be appointed a second

3 lieutenant in the Regular Army under section 531 of this

4 title, unless appointed under that section in a regular com5 ponent of one of the other armed forces in accordance with

6 section 541 of this title.’’.

7 (c) NAVAL ACADEMY GRADUATES.—Section 6967 of

8 such title is amended—

9 (1) by inserting ‘‘(a)’’ before ‘‘Under regula10 tions’’; and

11 (2) by adding at the end the following:

12 ‘‘(b) A midshipman who completes the prescribed

13 course of instruction, is qualified for an original appoint14 ment in a regular component under section 532 of this title,

15 and meets such other criteria for appointment as a commis16 sioned officer in the naval service as may be prescribed by

17 the Secretary of the Navy shall, upon graduation, be ap18 pointed an ensign in the Regular Navy or a second lieuten19 ant in the Regular Marine Corps under section 531 of this

20 title, unless appointed under that section in a regular com21 ponent of one of the other armed forces in accordance with

22 section 541 of this title.’’.

23 (d) AIR FORCE ACADEMY GRADUATES.—Section

24 9353(b) of such title is amended to read as follows:
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1 ‘‘(b) A cadet who completes the prescribed course of in2 struction, is qualified for an original appointment in a reg3 ular component under section 532 of this title, and meets

4 such other criteria for appointment as a commissioned offi5 cer in the Air Force as may be prescribed by the Secretary

6 of the Air Force shall, upon graduation, be appointed a sec7 ond lieutenant in the Regular Air Force under section 531

8 of this title, unless appointed under that section in a reg9 ular component of one of the other armed forces in accord10 ance with section 541 of this title.’’.

11 (e) ROTC DISTINGUISHED GRADUATES.—Section

12 2106(a) of such title is amended by adding at the end the

13 following new sentence: ‘‘However, a member of the program

14 selected for an appointment under this section who, under

15 regulations prescribed by the Secretary of the military de16 partment concerned, is designated or selected as a Distin17 guished Graduate (or the equivalent) shall be appointed as

18 a regular officer.’’.

19 (f) OTHER COMMISSIONING PROGRAMS.—(1) Chapter

20 33 of such title is amended by adding at the end the fol21 lowing new section:
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1 ‘‘§ 542. Distinguished Graduates of officer commis2 sioning programs other than service acad3 emies and ROTC

4 ‘‘A person who is selected for an original appointment

5 as a commissioned officer in the Army, Navy, Air Force,

6 or Marine Corps as a result of satisfactory completion of

7 an officer commissioning program other than the course of

8 instruction at one of the service academies named in section

9 541 of this title or the Senior Reserve Officers’ Training

10 Corps program and who, under regulations prescribed by

11 the Secretary of the military department concerned, is des12 ignated or selected as a Distinguished Graduate of that pro13 gram (or the equivalent) shall be appointed as a regular

14 officer.’’.

15 (2) The table of sections at the beginning of such chap16 ter is amended by adding at the end the following new item:

‘‘542. Distinguished Graduates of officer commissioning programs other than service academies and ROTC.’’.

17 (g) EFFECTIVE DATE.—The amendments made by this

18 section shall take effect on May 1, 2002.
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1 SEC. 503. TEMPORARY REDUCTION OF TIME-IN-GRADE RE2 QUIREMENT FOR ELIGIBILITY FOR PRO3 MOTION FOR CERTAIN ACTIVE-DUTY LIST OF4 FICERS IN GRADES OF FIRST LIEUTENANT

5 AND LIEUTENANT (JUNIOR GRADE).

6 (a) AUTHORITY.—Subsection (a) of section 619 of title

7 10, United States Code, is amended—

8 (1) in paragraph (1)(B), by inserting before the

9 period at the end the following: ‘‘, or such shorter pe10 riod as may be in effect under paragraph (6)’’; and

11 (2) by adding at the end the following new para12 graph:

13 ‘‘(6)(A) When the needs of the service require, the Sec14 retary of the military department concerned may reduce to

15 eighteen months the period of service in grade applicable

16 for purposes of paragraph (1)(B) in the case of officers who

17 are serving in a position that is authorized for officers in

18 the grade of captain or, in the case of the Navy, lieutenant.

19 ‘‘(B) If the Secretary of the military department con20 cerned uses the authority provided in subparagraph (A),

21 the number of captains or, in the case of the Navy, lieuten22 ants on the active-duty list may not exceed the number of

23 positions for which officers in that grade are authorized by

24 more than one percent.
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1 ‘‘(C) The authority under subparagraph (A) and the

2 limitation under subparagraph (B) expire on September

3 30, 2005.’’.

4 (b) STYLISTIC AMENDMENTS.—Such section is further

5 amended as follows:

6 (1) Subsection (a) is amended by striking

7 ‘‘(a)(1)’’ and inserting ‘‘(a) TIME-IN-GRADE RE8 QUIREMENTS.—(1)’’.

9 (2) Subsection (b) is amended by striking

10 ‘‘(b)(1)’’ and inserting ‘‘(b) CONTINUED ELIGIBILITY

11 FOR CONSIDERATION FOR PROMOTION OF OFFICERS

12 WHO HAVE PREVIOUSLY FAILED OF SELECTION.—

13 (1)’’.

14 (3) Subsection (c) is amended by striking

15 ‘‘(c)(1)’’ and inserting ‘‘(c) OFFICERS TO BE CONSID16 ERED BY PROMOTION BOARDS.—(1)’’.

17 (4) Subsection (d) is amended by inserting

18 ‘‘CERTAIN OFFICERS NOT TO BE CONSIDERED.—’’

19 after ‘‘(d)’’.

20 (c) TECHNICAL AMENDMENT.—Subsection (a)(4) of

21 such section is amended by striking ‘‘clause (A)’’ and insert22 ing ‘‘subparagraph (A)’’.
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1 SEC. 504. INCREASE IN SENIOR ENLISTED ACTIVE DUTY

2 GRADE LIMIT FOR NAVY, MARINE CORPS, AND

3 AIR FORCE.

4 (a) MEMBERS IN PAY GRADE E–8.—Section 517(a) of

5 title 10, United States Code, is amended by striking ‘‘2 per6 cent (or, in the case of the Army, 2.5 percent)’’ and insert7 ing ‘‘2.5 percent’’.

8 (b) EFFECTIVE DATE.—The amendment made by sub9 section (a) shall take effect on October 1, 2001, or the date

10 of the enactment of this Act, whichever is later.

11 SEC. 505. AUTHORITY FOR LIMITED EXTENSION OF MED12 ICAL DEFERMENT OF MANDATORY RETIRE13 MENT OR SEPARATION.

14 The text of section 640 of title 10, United States Code,

15 is amended to read as follows:

16 ‘‘(a) If the Secretary of the military department con17 cerned determines that the evaluation of the physical condi18 tion of an officer and determination of the officer’s entitle19 ment to retirement or separation for physical disability re20 quire hospitalization or medical observation and that such

21 hospitalization or medical observation cannot be completed

22 with confidence in a manner consistent with the member’s

23 well being before the date on which the officer would other24 wise be required to retire or be separated under this title,

25 the Secretary may defer the retirement or separation of the

26 officer under this title.
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1 ‘‘(b) A deferral of retirement or separation under sub2 section (a) may not extend for more than 30 days after com3 pletion of the evaluation requiring hospitalization or med4 ical observation.’’.

5 SEC. 506. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE

6 DUTY OF MEMBERS SUBJECT TO MANDATORY

7 RETIREMENT OR SEPARATION.

8 (a) SECTION 12305 STOP-LOSS AUTHORITY.—Section

9 12305 of title 10, United States Code, is amended by adding

10 at the end the following new subsection:

11 ‘‘(c) Upon the termination of a suspension made under

12 the authority of subsection (a) of a provision of law other13 wise requiring the separation or retirement of officers on

14 active duty because of age, length of service or length of serv15 ice in grade, or failure of selection for promotion, the Sec16 retary concerned shall extend by up to 90 days the otherwise

17 required separation or retirement date of any officer covered

18 by the suspended provision whose separation or retirement

19 date, but for the suspension, would have been before the date

20 of the termination of the suspension or within 90 days of

21 the date of such termination.’’.

22 (b) SECTION 123 STOP-LOSS AUTHORITY.—Section

23 123 of such title is amended by adding at the end the fol24 lowing new subsection:
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1 ‘‘(d) Upon the termination of a suspension made under

2 the authority of subsection (a) of a provision of law other3 wise requiring the separation or retirement of officers on

4 active duty because of age, length of service or length of serv5 ice in grade, or failure of selection for promotion, the Sec6 retary concerned shall extend by up to 90 days the otherwise

7 required separation or retirement date of any officer covered

8 by the suspended provision whose separation or retirement

9 date, but for the suspension, would have been before the date

10 of the termination of the suspension or within 90 days of

11 the date of such termination.’’.

12 SEC. 507. CLARIFICATION OF DISABILITY SEVERANCE PAY

13 COMPUTATION.

14 (a) CLARIFICATION.—Section 1212(a)(2) of title 10,

15 United States Code, is amended by striking ‘‘for pro16 motion’’ in subparagraph (C) and the first place it appears

17 in subparagraph (D).

18 (b) EFFECTIVE DATE.—The amendments made by sub19 section (a) shall apply with respect to members separated

20 under section 1203 or 1206 of title 10, United States Code,

21 on or after date of the enactment of this Act.

22 SEC. 508. OFFICER IN CHARGE OF UNITED STATES NAVY

23 BAND.

24 (a) DETAIL AND GRADE.—Section 6221 of title 10,

25 United States Code, is amended to read as follows:
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1 § 6221. United States Navy Band; officer in charge

2 ‘‘(a) There is a Navy band known as the United States

3 Navy Band.

4 ‘‘(b) An officer of the Navy designated for limited duty

5 under section 5589 or 5596 of this title who is serving in

6 a grade not below lieutenant commander may be detailed

7 by the Secretary of the Navy as Officer in Charge of the

8 United States Navy Band. While so serving, an officer so

9 detailed shall hold the grade of captain if recommended by

10 the Secretary of the Navy for appointment to that grade

11 and appointed to that grade by the President, by and with

12 the advice and consent of the Senate. Such an appointment

13 may be made notwithstanding section 5596(d) of this

14 title.’’.

15 (b) CLERICAL AMENDMENT.—The item relating to sec16 tion 6221 in the table of sections at the beginning of chapter

17 565 of such title is amended to read as follows:

‘‘6221. United States Navy Band; officer in charge.’’.

18 SEC. 509. ONE-YEAR EXTENSION OF EXPIRATION DATE FOR

19 CERTAIN FORCE MANAGEMENT AUTHORI20 TIES.

21 (a) EARLY RETIREMENT AUTHORITY FOR ACTIVE

22 FORCE MEMBERS.—Section 4403(i) of the National Defense

23 Authorization Act for Fiscal Year 1993 (10 U.S.C. 1293

24 note) is amended by striking ‘‘December 31, 2001’’ and in25 serting ‘‘December 31, 2002’’.
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1 (b) SSB AND VSI.—Sections 1174a(h)(1) and

2 1175(d)(3) of title 10, United States Code, are amended by

3 striking ‘‘December 31, 2001’’ and inserting ‘‘December 31,

4 2002’’.

5 (c) SELECTIVE EARLY RETIREMENT BOARDS.—Sec6 tion 638a(a) of such title is amended by striking ‘‘December

7 31, 2001’’ and inserting ‘‘December 31, 2002’’.

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

9 OF GRADE UPON VOLUNTARY RETIREMENT.—Section 1370

10 of such title is amended by striking ‘‘December 31, 2001’’

11 in subsections (a)(2)(A) and (d)(5) and inserting ‘‘Decem12 ber 31, 2002’’.

13 (e) MINIMUM COMMISSIONED SERVICE FOR VOL14 UNTARY RETIREMENT AS AN OFFICER.—Sections 3911(b),

15 6323(a)(2), and 8911(b) of such title are amended by strik16 ing ‘‘December 31, 2001’’ and inserting ‘‘December 31,

17 2002’’.

18 (f) TRAVEL, TRANSPORTATION, AND STORAGE BENE19 FITS.—Sections 404(c)(1)(C), 404(f)(2)(B)(v),

20 406(a)(2)(B)(v), and 406(g)(1)(C) of title 37, United States

21 Code, and section 503(c)(1) of the National Defense Author22 ization Act for Fiscal Year 1991 (37 U.S.C. 406 note) are

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

24 ‘‘December 31, 2002’’.
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1 (g) EDUCATIONAL LEAVE FOR PUBLIC AND COMMU2 NITY SERVICE.—Section 4463(f) of the National Defense

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

4 note) is amended by striking ‘‘December 31, 2001’’ and in5 serting ‘‘December 31, 2002’’.

6 (h) TRANSITIONAL HEALTH BENEFITS.—Subsections

7 (a)(1), (c)(1), and (e) of section 1145 of title 10, United

8 States Code, are amended by striking ‘‘December 31, 2001’’

9 and inserting ‘‘December 31, 2002’’.

10 (i) TRANSITIONAL COMMISSARY AND EXCHANGE BEN11 EFITS.—Section 1146 of such title is amended by striking

12 ‘‘December 31, 2001’’ both places it appears and inserting

13 ‘‘December 31, 2002’’.

14 (j) TRANSITIONAL USE OF MILITARY HOUSING.—

15 Paragraphs (1) and (2) of section 1147(a) of such title are

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

17 ‘‘December 31, 2002’’.

18 (k) CONTINUED ENROLLMENT OF DEPENDENTS IN DE19 FENSE DEPENDENTS’ EDUCATION SYSTEM.—Section

20 1407(c)(1) of the Defense Dependents’ Education Act of

21 1978 (20 U.S.C. 926(c)(1)) is amended by striking ‘‘Decem22 ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.

23 (l) FORCE REDUCTION TRANSITION PERIOD DEFINED

24 FOR CERTAIN GUARD AND RESERVE BENEFITS.—Section

25 4411 of the National Defense Authorization Act for Fiscal
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1 Year 1993 (10 U.S.C. 12681 note) is amended by striking

2 ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’.

3 (m) RETIRED PAY FOR NON-REGULAR SERVICE.—

4 Sections 12731(f) and 12731a(b) of title 10, United States

5 Code, are amended by striking ‘‘December 31, 2001’’ and

6 inserting ‘‘December 31, 2002’’.

7 (n) AFFILIATION WITH GUARD AND RESERVE UNITS;

8 WAIVER OF CERTAIN LIMITATIONS.—Section 1150(a) of

9 such title is amended by striking ‘‘December 31, 2001’’ and

10 inserting ‘‘December 31, 2002’’.

11 (o) RESERVE MONTGOMERY GI BILL.—Section

12 16133(b)(1)(B) of such title is amended by striking ‘‘Decem13 ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.

14 Subtitle B—Reserve Component

15 Personnel Policy

16 SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN

17 RESERVE OFFICERS ON ACTIVE DUTY FOR A

18 PERIOD OF THREE YEARS OR LESS.

19 (a) CLARIFICATION OF EXEMPTION.—Section

20 641(1)(D) of title 10, United States Code, is amended to

21 read as follows:

22 ‘‘(D) on active duty under section 12301(d)

23 of this title, other than as provided under sub24 paragraph (C), if the call or order to active

25 duty, under regulations prescribed by the Sec-
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1 retary concerned, specifies a period of three years

2 or less and continued placement on the reserve

3 active-status list;’’.

4 (b) RETROACTIVE APPLICATION.—(1) The Secretary of

5 the military department concerned may provide that an of6 ficer who was excluded from the active-duty list under sec7 tion 641(1)(D) of title 10, United States Code, as amended

8 by section 521 of the Floyd D. Spence National Defense Au9 thorization Act for Fiscal Year 2001 (as enacted into law

10 by Public Law 106–398; 114 Stat. 1654A–108), shall be

11 considered to have been on the active-duty list during the

12 period beginning on the date on which the officer was so

13 excluded and ending on the date of the enactment of this

14 Act.

15 (2) The Secretary of the military department con16 cerned may provide that a Reserve officer who was placed

17 on the active-duty list on or after October 30, 1997, shall

18 be placed on the reserve active-status list if the officer other19 wise meets the conditions specified in section 641(1)(D) of

20 title 10, United States Code, as amended by subsection (a).

21 SEC. 512. EXPANDED APPLICATION OF RESERVE SPECIAL

22 SELECTION BOARDS.

23 (a) SPECIAL SELECTION BOARD FOR BELOW-THE24 ZONE CONSIDERATION.—Section 14502 of title 10, United

25 States Code, is amended—
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1 (1) in subsection (a)(1), by striking ‘‘from in or

2 above the promotion zone’’;

3 (2) in subsection (a)(3), by inserting ‘‘for selec4 tion for promotion from in or above the promotion

5 zone’’ after ‘‘for consideration’’; and

6 (3) in subsection (b)(1), by striking ‘‘from in or

7 above the promotion zone’’.

8 (b) TECHNICAL AMENDMENT.—Subsection (b)(1) of

9 such section is amended by striking ‘‘under this chapter by

10 a selection board’’ and inserting ‘‘by a promotion board

11 convened under section 14101(a) of this title’’.

12 (c) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall apply to any Reserve officer who was not

14 considered for promotion because of administrative error,

15 or was considered for promotion but not selected because

16 of material error, under part III of subtitle E of title 10,

17 United States Code, on or after October 1, 1996.

18 SEC. 513. EXCEPTION TO BACCALAUREATE DEGREE RE19 QUIREMENT FOR APPOINTMENT OF RESERVE

20 OFFICERS TO GRADES ABOVE FIRST LIEU21 TENANT.

22 Section 12205(b) of title 10, United States Code, is

23 amended—

24 (1) by redesignating paragraphs (4) and (5) as

25 paragraphs (5) and (6), respectively; and
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1 (2) by inserting after paragraph (3) the fol2 lowing new paragraph (4):

3 ‘‘(4) The appointment to a grade in the Army

4 Reserve of a person whose original appointment as an

5 officer in the Army Reserve was through the Officer

6 Candidate School program and who immediately be7 fore that original appointment was an enlisted mem8 ber on active duty.’’.

9 SEC. 514. IMPROVED DISABILITY BENEFITS FOR CERTAIN

10 RESERVE COMPONENT MEMBERS.

11 (a) MEDICAL AND DENTAL CARE.—Sections

12 1074a(a)(3) and 1076(a)(2)(C) of title 10, United States

13 Code, are each amended by striking ‘‘, if the’’ and all that

14 follows through ‘‘member’s residence’’.

15 (b) ELIGIBILITY FOR DISABILITY RETIREMENT OR

16 SEPARATION.—Sections 1204(2)(B)(iii) and

17 1206(2)(B)(iii) of title 10, United States Code, are each

18 amended by striking ‘‘, if the’’ and all that follows through

19 ‘‘member’s residence’’.

20 (c) RECOVERY, CARE, AND DISPOSITION OF RE21 MAINS.—Section 1481(a)(2)(D) of title 10, United States

22 Code, is amended by striking ‘‘, if the site is outside reason23 able commuting distance from the member’s residence’’.

24 (d) PAY.—Sections 204(g)(1)(D), 204(h)(1)(D), and

25 206(a)(3)(C) of title 37, United States Code, are each
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1 amended by striking ‘‘, if the site is outside reasonable com2 muting distance from the member’s residence’’.

3 SEC. 515. TIME-IN-GRADE REQUIREMENT FOR RESERVE

4 COMPONENT OFFICERS WITH A NONSERVICE

5 CONNECTED DISABILITY.

6 Section 1370(d)(3)(B) of title 10, United States Code,

7 is amended to read as follows:

8 ‘‘(B) A person covered by subparagraph (A) who has

9 completed at least six months of satisfactory service in

10 grade may be credited with satisfactory service in the grade

11 in which serving at the time of transfer or discharge, not12 withstanding failure of the person to complete three years

13 of service in that grade, if that person—

14 ‘‘(i) is transferred from an active status or dis15 charged as a reserve commissioned officer solely due

16 to the requirements of a nondiscretionary provision of

17 law requiring that transfer or discharge due to the

18 person’s age or years of service; or

19 ‘‘(ii) is retired under chapter 1223 of this title

20 because the person no longer meets the qualification

21 for membership in the Ready Reserve solely because of

22 a physical disability, as determined, at a minimum,

23 by a medical evaluation board.’’.
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1 SEC. 516. RESERVE MEMBERS CONSIDERED TO BE DE2 PLOYED FOR PURPOSES OF PERSONNEL

3 TEMPO MANAGEMENT.

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

5 amended—

6 (1) in paragraph (1)—

7 (A) by inserting ‘‘active’’ before ‘‘service’’;

8 and

9 (B) by adding at the end the following:

10 ‘‘For the purpose of applying the preceding sen11 tence to a member of a reserve component per12 forming active service, the housing in which the

13 member resides when on garrison duty at the

14 member’s permanent duty station or homeport,

15 as the case may be, shall be considered to be ei16 ther the housing the member normally occupies

17 when on garrison duty or the member’s perma18 nent civilian residence.’’;

19 (2) by striking paragraph (2);

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

21 paragraphs (2) and (3), respectively; and

22 (4) in paragraph (3) (as so redesignated), by

23 striking ‘‘in paragraphs (1) and (2)’’ and inserting

24 ‘‘in paragraph (1)’’.
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1 SEC. 517. FUNERAL HONORS DUTY PERFORMED BY RE2 SERVE AND GUARD MEMBERS TO BE TREAT3 ED AS INACTIVE-DUTY TRAINING FOR CER4 TAIN PURPOSES.

5 (a) RESERVE MEMBERS.—Section 12503(a) of title 10,

6 United States Code, is amended by adding at the end the

7 following new sentence: ‘‘Performance of funeral honors

8 duty by a Reserve not on active duty shall be treated as

9 inactive-duty training (including with respect to travel to

10 and from such duty) for purposes of any provision of law

11 other than sections 206 and 435 of title 37.’’.

12 (b) NATIONAL GUARD MEMBERS.—Section 115(a) of

13 title 32, United States Code, is amended by adding at the

14 end the following new sentence: ‘‘Performance of funeral

15 honors duty by such a member not on active duty or full16 time National Guard duty shall be treated as inactive-duty

17 training (including with respect to travel to and from such

18 duty) for purposes of any provision of law other than sec19 tions 206 and 435 of title 37.’’.

20 (c) EFFECTIVE DATE.—The amendments made by this

21 section shall apply to funeral honors duty performed on or

22 after October 30, 2000.
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1 SEC. 518. MEMBERS OF THE NATIONAL GUARD PER2 FORMING FUNERAL HONORS DUTY WHILE IN

3 NON-FEDERAL STATUS.

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

5 amended by adding at the end the following new paragraph:

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

7 United States or the Air National Guard of the United

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

9 while in a duty status authorized under State law shall

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

11 purposes of the first sentence of paragraph (2).’’.

12 SEC. 519. USE OF MILITARY LEAVE FOR FUNERAL HONORS

13 DUTY BY RESERVE MEMBERS AND NATIONAL

14 GUARDSMEN.

15 Section 6323(a)(1) of title 5, United States Code, is

16 amended by inserting ‘‘funeral honors duty (as described

17 in section 12503 of title 10 and section 115 of title 32),’’

18 after ‘‘(as defined in section 101 of title 37),’’.

19 SEC. 520. PREPARATION FOR, PARTICIPATION IN, AND CON20 DUCT OF ATHLETIC COMPETITIONS BY THE

21 NATIONAL GUARD AND MEMBERS OF THE NA22 TIONAL GUARD.

23 (a) ATHLETIC AND SMALL ARMS COMPETITIONS.—

24 Section 504 of title 32, United States Code, is amended by

25 adding at the end the following new subsection:
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1 ‘‘(c) CONDUCT OF AND PARTICIPATION IN CERTAIN

2 COMPETITIONS.—(1) Under regulations prescribed by the

3 Secretary of Defense, members and units of the National

4 Guard may conduct and compete in a qualifying athletic

5 competition or a small arms competition so long as—

6 ‘‘(A) the conduct of, or participation in, the com7 petition does not adversely affect the quality of train8 ing or otherwise interfere with the ability of a mem9 ber or unit of the National Guard to perform the

10 military functions of the member or unit;

11 ‘‘(B) National Guard personnel will enhance

12 their military skills as a result of conducting or par13 ticipating in the competition; and

14 ‘‘(C) the conduct of or participation in the com15 petition will not result in a significant increase in

16 National Guard costs.

17 ‘‘(2) Facilities and equipment of the National Guard,

18 including military property and vehicles described in sec19 tion 508(c) of this title, may be used in connection with

20 the conduct of or participation in a qualifying athletic com21 petition or a small arms competition under paragraph

22 (1).’’.

23 (b) OTHER MATTERS.—Such section is further amend24 ed by adding after subsection (c), as added by subsection

25 (a) of this section, the following new subsections:
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1 ‘‘(d) AVAILABILITY OF FUNDS.—(1) Subject to para2 graph (2) and such limitations as may be enacted in appro3 priations Acts and such regulations as the Secretary of De4 fense may prescribe, amounts appropriated for the National

5 Guard may be used to cover—

6 ‘‘(A) the costs of conducting or participating in

7 a qualifying athletic competition or a small arms

8 competition under subsection (c); and

9 ‘‘(B) the expenses of members of the National

10 Guard under subsection (a)(3), including expenses of

11 attendance and participation fees, travel, per diem,

12 clothing, equipment, and related expenses.

13 ‘‘(2) Not more than $2,500,000 may be obligated or

14 expended in any fiscal year under subsection (c).

15 ‘‘(e) QUALIFYING ATHLETIC COMPETITION DE16 FINED.—In this section, the term ‘qualifying athletic com17 petition’ means a competition in athletic events that require

18 skills relevant to military duties or involve aspects of phys19 ical fitness that are evaluated by the armed forces in deter20 mining whether a member of the National Guard is fit for

21 military duty.’’.

22 (c) STYLISTIC AMENDMENTS.—Such section is further

23 amended—

24 (1) in subsection (a), by inserting ‘‘AUTHORIZED

25 ACTIVITIES.—’’ after ‘‘(a)’’; and
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1 (2) in subsection (b), by inserting ‘‘AUTHORIZED

2 LOCATIONS.—’’ after ‘‘(b)’’.

3 (d) CONFORMING AND CLERICAL AMENDMENTS.—(1)

4 Subsection (a) of such section is amended—

5 (A) in paragraph (1), by inserting ‘‘and’’ after

6 the semicolon;

7 (B) in paragraph (2), by striking ‘‘; or’’ and in8 serting a period; and

9 (C) by striking paragraph (3).

10 (2) The heading of such section is amended to read

11 as follows:

12 ‘‘§ 504. National Guard schools; small arms competi13 tions; athletic competitions’’.

14 (3) The item relating to section 504 in the table of

15 sections at the beginning of chapter 5 of title 10, United

16 States Code, is amended to read as follows:

‘‘504. National Guard schools; small arms competitions; athletic competitions.’’.

17 Subtitle C—Joint Specialty Officers

18 and Joint Professional Military

19 Education

20 SEC. 521. NOMINATIONS FOR JOINT SPECIALTY.

21 Paragraph (2) of section 661(b) of title 10, United

22 States Code, is amended by striking ‘‘The Secretaries’’ and

23 all that follows through ‘‘officers—’’ and inserting ‘‘Each

24 officer on the active-duty list on the date of the enactment

25 of the National Defense Authorization Act for Fiscal Year
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1 2002 who has not before that date been nominated for the

2 joint specialty by the Secretary of a military department,

3 and each officer who is placed on the active-duty list after

4 such date, who meets the requirements of subsection (c) shall

5 automatically be considered to have been nominated for the

6 joint specialty. From among those officers considered to be

7 nominated for the joint specialty, the Secretary may select

8 for the joint specialty only officers—’’.

9 SEC. 522. JOINT DUTY CREDIT.

10 Paragraph (4) of section 664(i) of title 10, United

11 States Code, is amended—

12 (1) in subparagraph (E), by striking ‘‘The’’ and

13 inserting ‘‘Except as provided in subparagraph (F),

14 the’’; and

15 (2) by adding at the end the following new sub16 paragraph:

17 ‘‘(F) Service in a temporary joint task force as18 signment not involved in combat or combat-related

19 operations may not be credited for the purposes of

20 joint duty, unless, and only if—

21 ‘‘(i) the service of the officer and the nature

22 of the joint task force not only meet all criteria

23 of this section, except subparagraph (E), but also

24 any additional criteria the Secretary may estab25 lish;
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1 ‘‘(ii) the Secretary has specifically approved

2 the operation conducted by the joint task force as

3 one that qualifies for joint service credit, and no4 tifies Congress upon each approval, providing

5 the criteria that led to that approval; and

6 ‘‘(iii) the operation is conducted by the

7 joint task force in an environment where an ex8 tremely fragile state of peace and high potential

9 for hostilities coexist.’’.

10 SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY

11 IN CERTAIN JOINT TASK FORCES.

12 (a) AUTHORITY.—In accordance with section 664(i) of

13 title 10, United States Code, as amended by section 522,

14 the Secretary of Defense may award joint service credit to

15 any officer who served on the staff of a United States joint

16 task force headquarters in an operation and during the pe17 riod set forth in subsection (b) and who meets the criteria

18 specified in such section. To determine which officers qual19 ify for such retroactive credit, the Secretary shall undertake

20 a case-by-case review of the records of officers.

21 (b) ELIGIBLE OPERATIONS.—Service in the following

22 operations, during the specified periods, may be counted for

23 credit under subsection (a):
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1 (1) Operation Northern Watch, during the period

2 beginning on August 1, 1992, and ending on a date

3 to be determined.

4 (2) Operation Southern Watch, during the pe5 riod beginning on August 27, 1992, and ending on a

6 date to be determined.

7 (3) Operation Able Sentry, during the period be8 ginning on June 26, 1993, and ending on February

9 28, 1999.

10 (4) Operation Joint Endeavor, during the period

11 beginning on December 25, 1995, and ending on De12 cember 19, 1996.

13 (5) Operation Joint Guard, during the period

14 beginning on December 20, 1996, and ending on June

15 20, 1998.

16 (6) Operation Desert Thunder, beginning on

17 January 24, 1998, and ending on December 15, 1998.

18 (7) Operation Joint Forge, beginning on June

19 20, 1998, and ending on June 10, 1999.

20 (8) Operation Noble Anvil, beginning on March

21 24, 1999, and ending on July 20, 1999.

22 (9) Operation Joint Guardian, beginning on

23 June 11, 1999, and ending on a date to be deter24 mined.
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1 (c) REPORT.—Not later than one year after the date

2 of the enactment of this Act, the Secretary of Defense shall

3 submit to Congress a report of the numbers, by service,

4 grade, and operation, of the officers given joint service cred5 it in accordance with this section.

6 SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFI7 CER MANAGEMENT.

8 Section 667 of title 10, United States Code, is

9 amended—

10 (1) in paragraph (1)—

11 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and

12 (B) by adding at the end the following new

13 subparagraph:

14 ‘‘(B) The number of officers who meet the cri15 teria for selection for the joint specialty but were not

16 selected, together with the reasons why.’’;

17 (2) by amending paragraph (2) to read as fol18 lows:

19 ‘‘(2) The number of officers with the joint spe20 cialty, shown by grade and branch or specialty and

21 by education.’’;

22 (3) in paragraph (3)—

23 (A) in subparagraph (A) and (B), by strik24 ing ‘‘nominated’’ and inserting ‘‘selected’’;
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1 (B) by inserting ‘‘and’’ at the end of sub2 paragraph (D);

3 (C) by striking subparagraph (E); and

4 (D) by redesignating subparagraph (F) as

5 subparagraph (E);

6 (4) in paragraph (4)(A), by striking ‘‘nomi7 nated’’ and inserting ‘‘selected’’;

8 (5) in paragraph (14)—

9 (A) by inserting ‘‘(A)’’ after ‘‘(14)’’; and

10 (B) by adding at the end the following new

11 subparagraph:

12 ‘‘(B) An assessment of the extent to which the

13 Secretary of each military department is assigning

14 personnel to joint duty assignments in accordance

15 with this chapter and the policies, procedures, and

16 practices established by the Secretary of Defense

17 under section 661(a) of this title.’’; and

18 (6) in paragraph (16), by striking ‘‘section

19 664(i)’’ in the matter preceding subparagraph (A)

20 and in subparagraph (B) and inserting ‘‘subpara21 graphs (E) and (F) of section 664(i)(4)’’.
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1 SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPE2 CIALTY BEFORE PROMOTION TO GENERAL OR

3 FLAG OFFICER GRADE.

4 (a) REQUIREMENT.—Subsection (a) of section 619a of

5 title 10, United States Code, is amended by striking ‘‘un6 less’’ and all that follows and inserting ‘‘unless—

7 ‘‘(1) the officer has completed a full tour of duty

8 in a joint duty assignment (as described in section

9 664(f) of this title); and

10 ‘‘(2) for appointments after September 30, 2007,

11 the officer has been selected for the joint specialty in

12 accordance with section 661 of this title.’’.

13 (b) WAIVER AUTHORITY.—Subsection (b) of that sec14 tion is amended by striking ‘‘may waive subsection (a) in

15 the following circumstances:’’ and inserting ‘‘may waive

16 paragraph (1) or paragraph (2) of subsection (a), or both

17 paragraphs (1) and (2) of subsection (a), in the following

18 circumstances (except that paragraph (2) of subsection (a)

19 may not be waived by reason of paragraph (4)):’’.

20 (c) PROPOSED LEGISLATIVE CHANGES.—Not later

21 than December 1, 2002, the Secretary of Defense shall sub22 mit to Congress a draft proposal for such legislative changes

23 as the Secretary considers needed to implement the amend24 ment made by subsections (a) and (b).
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1 SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MAN2 AGEMENT AND JOINT PROFESSIONAL MILI3 TARY EDUCATION REFORMS.

4 (a) STUDY.—The Secretary of Defense shall provide for

5 an independent study of the joint officer management sys6 tem and the joint professional military education system.

7 The Secretary shall ensure that the entity conducting the

8 study is provided such information and support as re9 quired. The Secretary shall include in the contract for the

10 study a requirement that the entity conducting the study

11 submit a report to Congress on the study not later than

12 June 30, 2002.

13 (b) MATTERS TO BE INCLUDED WITH RESPECT TO

14 JOINT OFFICER MANAGEMENT.—With respect to the joint

15 officer management system, the entity conducting the inde16 pendent study shall provide for the following:

17 (1) Assessment of implications for joint officer

18 education, development, and management that would

19 result from proposed joint organizational operational

20 concepts (such as standing joint task forces) and from

21 emerging officer management and personnel reforms

22 (such as longer careers and more stabilization), that

23 are under consideration by the Secretary of Defense.

24 (2) Assessment of the effectiveness of the current

25 joint officer management system to develop and use

26 joint specialty qualified officers in meeting both cur-
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1 rent and future requirements for joint specialty offi2 cers.

3 (3) Recommendations, based on empirical and

4 other data, to improve the effectiveness of the joint of5 ficer management system, especially with regard to

6 the following:

7 (A) The proper mix and sequencing of edu8 cation assignments and experience assignments

9 (to include, with respect to both types of assign10 ments, consideration of the type and quality,

11 and the length, of such assignments) to qualify

12 an officer as a joint specialty officer, as well as

13 the implications of adopting a variable joint

14 duty tour length and the advisability and impli15 cations of a system of qualifying officers as joint

16 specialty officers that uses multiple shorter quali17 fication tracks to selection as a joint specialty of18 ficer than are now codified.

19 (B) The system of using joint specialty offi20 cers, including the continued utility of such

21 measures as—

22 (i) the required fill of positions on the

23 joint duty assignment list, as specified in

24 paragraphs (1) and (4) of section 661(d) of

25 title 10, United States Code;
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1 (ii) the fill by such officers of a re2 quired number of critical billets, as pre3 scribed by section 661(d)(2) of such title;

4 (iii) the mandated fill by general and

5 flag officers of a minimum number of crit6 ical billets, as prescribed by section

7 661(d)(3) of such title; and

8 (iv) current promotion policy objectives

9 for officers with the joint specialty, officers

10 serving on the Joint Staff, and officers serv11 ing in joint duty assignment list positions,

12 as prescribed by section 662 of such title.

13 (C) Changes in policy and law required to

14 provide officers the required joint specialty qual15 ification before promotion to general or flag offi16 cer grade.

17 (D) A determination of the number of re18 serve component officers who would be qualified

19 for designation as a joint specialty officer by

20 reason of experience or education if the stand21 ards of existing law, including waiver authori22 ties, were applied to them, and recommendations

23 for a process for qualifying and employing fu24 ture reserve component officers as joint specialty

25 officers.
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1 (c) MATTERS TO BE INCLUDED WITH RESPECT TO

2 JOINT PROFESSIONAL MILITARY EDUCATION.—With re3 spect to the joint professional military education system,

4 the entity conducting the independent study shall provide

5 for the following:

6 (1) The number of officers who under the current

7 system (A) qualified as joint specialty officers by at8 tending joint professional military education pro9 grams before their first joint duty assignment, (B)

10 qualified as joint specialty officers after arriving at

11 their first joint duty assignment but before completing

12 that assignment, and (C) qualified as joint specialty

13 officers without any joint professional military edu14 cation.

15 (2) Recommended initiatives (include changes in

16 officer personnel management law, if necessary) to

17 provide incentives and otherwise facilitate attendance

18 at joint professional military education programs be19 fore an officer’s first joint duty assignment.

20 (3) Recommended goals for attendance at the

21 Joint Forces Staff College en route to a first joint

22 duty assignment.

23 (4) An assessment of the continuing utility of

24 statutory requirements for use of officers following
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1 joint professional military education, as prescribed by

2 section 662(d) of title 10, United States Code.

3 (5) Determination of whether joint professional

4 military education programs should remain prin5 cipally an in-resident, multi-service experience and

6 what role non-resident or distributive learning can or

7 should play in future joint professional military edu8 cation programs.

9 (6) Examination of options for the length of and

10 increased capacity at Joint Forces Staff College, and

11 whether other in-resident joint professional military

12 education sources should be opened, and if opened,

13 how they might be properly accredited and overseen

14 to provide instruction at the level of the program des15 ignated as ’’joint professional military education’’.

16 (d) CHAIRMAN OF JOINT CHIEFS OF STAFF.—With re17 spect to the roles of the Secretary of Defense and the Chair18 man of the Joint Chiefs of Staff, the entity conducting the

19 independent study shall—

20 (1) provide for an evaluation of the current roles

21 of the Secretary of Defense, the Chairman of the Joint

22 Chiefs of Staff, and joint staff in law, policy, and im23 plementation with regard to establishing and main24 taining oversight of joint officer management, career
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1 guidelines, and joint professional military education;

2 and

3 (2) make recommendations to improve and

4 strengthen those roles.

5 (e) REQUIREMENTS FOR STUDY ENTITY.—In pro6 viding for the independent study required by subsection (a),

7 the Secretary of Defense shall ensure that the entity con8 ducting the study—

9 (1) is not a Department of Defense organization;

10 and

11 (2) shall, at a minimum, involve in the study,

12 in an integral way, the following persons:

13 (A) The Chairman of the Joint Chiefs of

14 Staff and available former Chairmen of the

15 Joint Chiefs of Staff.

16 (B) Members and former members of the

17 Joint Staff, the Armed Forces, the Congress, and

18 congressional staff who are or who have been sig19 nificantly involved in the development, imple20 mentation, or modification of joint officer man21 agement and joint professional military edu22 cation.

23 (C) Experts in joint officer management

24 and education from civilian academic and re25 search centers.
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1 SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION.

2 (a) EXECUTIVE AGENT FOR FUNDING.—(1) Effective

3 beginning with fiscal year 2003, the Secretary of Defense

4 shall be the executive agent for funding professional develop5 ment education operations of all components of the National

6 Defense University, including the Joint Forces Staff Col7 lege. The Secretary may not delegate the Secretary’s func8 tions and responsibilities under the preceding sentence to

9 the Secretary of a military department.

10 (2) Nothing in this subsection affects policies in effect

11 on the date of the enactment of this Act with respect to—

12 (A) the reporting of the President of the National

13 Defense University to the Chairman of the Joint

14 Chiefs of Staff; or

15 (B) provision of logistical and base operations

16 support for components of the National Defense Uni17 versity by the military departments.

18 (b) PREPARATION OF BUDGET REQUESTS.—Section

19 2162(b) of title 10, United States Code, is amended—

20 (1) by redesignating paragraph (2) as para21 graph (3); and

22 (2) by inserting after paragraph (1) the fol23 lowing new paragraph:

24 ‘‘(2) As executive agent for funding professional devel25 opment education at the National Defense University, in26 cluding the Joint Forces Staff College, the Secretary of De-
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1 fense, with the advice of the Chairman of the Joint Chiefs

2 of Staff, shall prepare the annual budget for professional

3 development education operations at the National Defense

4 University and set forth that request as a separate budget

5 request in the materials submitted to Congress in support

6 of the budget request for the Department of Defense. Nothing

7 in the preceding sentence affects policies in effect on the date

8 of the enactment of this paragraph with respect to budgeting

9 for the funding of logistical and base operations support

10 for components of the National Defense University through

11 the military departments.’’.

12 (c) FUNDING SOURCE.—(1) Section 2165 of title 10,

13 United States Code, is amended by adding at the end the

14 following new subsection:

15 ‘‘(d) SOURCE OF FUNDS FOR PROFESSIONAL DEVEL16 OPMENT EDUCATION OPERATIONS.—Funding for the pro17 fessional development education operations of the National

18 Defense University shall be provided from funds made

19 available to the Secretary of Defense from the annual ap20 propriation ‘Operation and Maintenance, Defense-wide’.’’.

21 (2) Subsection (d) of section 2165 of title 10, United

22 States Code, as added by paragraph (1), shall become effec23 tive beginning with fiscal year 2003.
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1 SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVER2 SITY TO ENROLL CERTAIN PRIVATE SECTOR

3 CIVILIANS.

4 (a) IN GENERAL.—(1) Chapter 108 of title 10, United

5 States Code, is amended by adding at the end the following

6 new section:

7 ‘‘§ 2167. National Defense University: admission of

8 private sector civilians to professional

9 military education program

10 ‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of

11 Defense may permit eligible private sector employees who

12 work in organizations relevant to national security to re13 ceive instruction at the National Defense University in ac14 cordance with this section. No more than 10 full-time equiv15 alent private sector employees may be enrolled at any one

16 time. Upon successful completion of the course of instruction

17 in which enrolled, any such private sector employee may

18 be awarded an appropriate diploma or degree under section

19 2165 of this title.

20 ‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For

21 purposes of this section, an eligible private sector employee

22 is an individual employed by a private firm that is engaged

23 in providing to the Department of Defense or other Govern24 ment departments or agencies significant and substantial

25 defense-related systems, products, or services or whose work

26 product is relevant to national security policy or strategy.
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1 A private sector employee admitted for instruction at the

2 National Defense University remains eligible for such in3 struction only so long as that person remains employed by

4 the same firm.

5 ‘‘(c) ANNUAL CERTIFICATION BY SECRETARY OF DE6 FENSE.—Private sector employees may receive instruction

7 at the National Defense University during any academic

8 year only if, before the start of that academic year, the Sec9 retary of Defense determines, and certifies to the Committee

10 on Armed Services of the Senate and the Committee on

11 Armed Services of the House of Representatives, that pro12 viding instruction to private sector employees under this

13 section during that year will further national security in14 terests of the United States.

15 ‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of

16 Defense shall ensure that—

17 ‘‘(1) the curriculum for the professional military

18 education program in which private sector employees

19 may be enrolled under this section is not readily

20 available through other schools and concentrates on

21 national security relevant issues; and

22 ‘‘(2) the course offerings at the National Defense

23 University continue to be determined solely by the

24 needs of the Department of Defense.
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1 ‘‘(e) TUITION.—The President of the National Defense

2 University shall charge students enrolled under this section

3 a rate—

4 ‘‘(1) that is at least the rate charged for employ5 ees of the United States outside the Department of De6 fense, less infrastructure costs, and

7 ‘‘(2) that considers the value to the school and

8 course of the private sector student.

9 ‘‘(f) STANDARDS OF CONDUCT.—While receiving in10 struction at the National Defense University, students en11 rolled under this section, to the extent practicable, are sub12 ject to the same regulations governing academic perform13 ance, attendance, norms of behavior, and enrollment as

14 apply to Government civilian employees receiving instruc15 tion at the university.

16 ‘‘(g) USE OF FUNDS.—Amounts received by the Na17 tional Defense University for instruction of students en18 rolled under this section shall be retained by the university

19 to defray the costs of such instruction. The source, and the

20 disposition, of such funds shall be specifically identified in

21 records of the university.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by adding at the end the following new item:

‘‘2167. National Defense University: admission of private sector civilians to professional military education program.’’.
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1 (b) EFFECTIVE DATE.—Section 2167 of title 10,

2 United States Code, as added by subsection (a), shall take

3 effect on January 1, 2002.

4 SEC. 529. CONTINUATION OF RESERVE COMPONENT PRO5 FESSIONAL MILITARY EDUCATION TEST.

6 (a) CONTINUATION OF CONCEPT VALIDATION TEST.—

7 During fiscal year 2002, the Secretary of Defense shall con8 tinue the concept validation test of Reserve component joint

9 professional military education that was begun in fiscal

10 year 2001 at the National Defense University.

11 (b) PILOT PROGRAM.—If the Secretary of Defense de12 termines that the results of the concept validation test re13 ferred to in subsection (a) warrant conducting a pilot pro14 gram of the concept that was the subject of the test, the Sec15 retary shall conduct such a pilot program during fiscal year

16 2003.

17 (c) FUNDING.—The Secretary shall provide funds for

18 the concept validation test under subsection (a) and for any

19 pilot program under subsection (b) from funds appro20 priated to the Secretary of Defense in addition those appro21 priated for operations of the National Defense University.
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1 Subtitle D—Military Education and

2 Training

3 SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN4 GUAGE CENTER.

5 (a) AUTHORITY TO CONFER ASSOCIATE OF ARTS DE6 GREE.—Chapter 108 of title 10, United States Code, is

7 amended by adding after section 2167, as added by section

8 528(a)(1), the following new section:

9 ‘‘§ 2168. Defense Language Institute Foreign Lan10 guage Center: degree of Associate of Arts

11 in foreign language

12 ‘‘(a) Subject to subsection (b), the Commandant of the

13 Defense Language Institute may confer an Associate of Arts

14 degree in a foreign language upon any graduate of the For15 eign Language Center of the Institute who fulfills the re16 quirements for that degree.

17 ‘‘(b) A degree may be conferred upon a student under

18 this section only if the Provost of the Center certifies to the

19 Commandant that the student has satisfied all the require20 ments prescribed for the degree.

21 ‘‘(c) The authority provided by subsection (a) shall be

22 exercised under regulations prescribed by the Secretary of

23 Defense.’’.

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

25 the beginning of such chapter is amended by adding after
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1 the item relating to section 2167, as added by section

2 528(a)(2), the following new item:

‘‘2168. Defense Language Institute Foreign Language Center: degree of Associate

of Arts in foreign language.’’.

3 SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY

4 TO AWARD DEGREE OF MASTER OF STRA5 TEGIC STUDIES.

6 (a) MARINE CORPS WAR COLLEGE DEGREE.—Section

7 7102 of title 10, United States Code, is amended—

8 (1) by redesignating subsection (b) as subsection

9 (c); and

10 (2) by inserting after subsection (a) the following

11 new subsection (b):

12 ‘‘(b) MARINE CORPS WAR COLLEGE.—Upon the rec13 ommendation of the Director and faculty of the Marine

14 Corps War College of the Marine Corps University, the

15 President of the Marine Corps University may confer the

16 degree of master of strategic studies upon graduates of the

17 Marine Corps War College who fulfill the requirements for

18 that degree.’’.

19 (b) CONFORMING AMENDMENTS.—(1) Subsection (a) of

20 such section is amended by striking ‘‘upon graduates’’ and

21 all that follows and inserting ‘‘upon graduates of the Com22 mand and Staff College who fulfill the requirements for that

23 degree.’’.
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1 (2) Subsection (c) of such section, as redesignated by

2 subsection (a)(1), is amended by striking ‘‘subsection (a)’’

3 and inserting ‘‘subsections (a) and (b)’’.

4 (3)(A) The heading of such section is amended to read

5 as follows:

6 ‘‘§ 7102. Marine Corps University: masters degrees;

7 board of advisors’’.

8 (B) The item relating to such section in the table of

9 sections at the beginning of chapter 609 of such title is

10 amended to read as follows:

‘‘7102. Marine Corps University: masters degrees; board of advisors.’’.

11 (c) CODIFICATION OF REQUIREMENT FOR BOARD OF

12 ADVISORS.—(1) Section 7102 of title 10, United States

13 Code, as amended by subsections (a) and (b), is further

14 amended by adding at the end the following new subsection:

15 ‘‘(d) BOARD OF ADVISORS.—The Secretary of the Navy

16 shall establish a board of advisors for the Marine Corps

17 University. The Secretary shall ensure that the board is es18 tablished so as to meet all requirements of the appropriate

19 regional accrediting association.’’.

20 (2) Section 912 of the National Defense Authorization

21 Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C.

22 7102 note) is repealed.

23 (d) EFFECTIVE DATE.—The authority to confer the de24 gree of master of strategic studies under section 7102(b) of

25 title 10, United States Code (as added by subsection (a))
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1 may not be exercised until the Secretary of Education deter2 mines, and certifies to the President of the Marine Corps

3 University, that the requirements established by the Marine

4 Corps War College of the Marine Corps University for that

5 degree are in accordance with generally applicable require6 ments for a degree of master of arts. Upon receipt of such

7 a certification, the President of the University shall

8 promptly transmit a copy of the certification to the Com9 mittee on Armed Services of the Senate and Committee on

10 Armed Services of the House of Representatives.

11 SEC. 533. INCREASE IN NUMBER OF FOREIGN STUDENTS

12 AUTHORIZED TO BE ADMITTED TO THE SERV13 ICE ACADEMIES.

14 (a) UNITED STATES MILITARY ACADEMY.—(1) Sub15 section (a)(1) of section 4344 of title 10, United States Code,

16 is amended by striking ‘‘40 persons’’ and inserting ‘‘60 per17 sons’’.

18 (2) Subsection (b) of such section is amended—

19 (A) by inserting ‘‘some or all’’ in paragraph (2)

20 after ‘‘unless a written waiver of’’; and

21 (B) by striking paragraph (3).

22 (3) The amendments made by paragraph (2) shall not

23 apply with respect to any person who entered the United

24 States Military Academy to receive instruction under sec-
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1 tion 4344 of title 10, United States Code, before the date

2 of the enactment of this Act.

3 (b) UNITED STATES NAVAL ACADEMY.—(1) Subsection

4 (a)(1) of section 6957 of title 10, United States Code, is

5 amended by striking ‘‘40 persons’’ and inserting ‘‘60 per6 sons’’.

7 (2) Subsection (b) of such section is amended—

8 (A) by inserting ‘‘some or all’’ in paragraph (2)

9 after ‘‘unless a written waiver of’’; and

10 (B) by striking paragraph (3).

11 (3) The amendments made by paragraph (2) shall not

12 apply with respect to any person who entered the United

13 States Naval Academy to receive instruction under section

14 6957 of title 10, United States Code, before the date of the

15 enactment of this Act.

16 (c) UNITED STATES AIR FORCE ACADEMY.—(1) Sub17 section (a)(1) of section 9344 of title 10, United States Code,

18 is amended by striking ‘‘40 persons’’ and inserting ‘‘60 per19 sons’’.

20 (2) Subsection (b) of such section is amended—

21 (A) by inserting ‘‘some or all’’ in paragraph (2)

22 after ‘‘unless a written waiver of’’; and

23 (B) by striking paragraph (3).

24 (3) The amendments made by paragraph (2) shall not

25 apply with respect to any person who entered the United
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1 States Air Force Academy to receive instruction under sec2 tion 9344 of title 10, United States Code, before the date

3 of the enactment of this Act.

4 SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT

5 AS A CADET OR MIDSHIPMAN IN SENIOR RE6 SERVE OFFICER TRAINING CORPS SCHOLAR7 SHIP PROGRAMS.

8 (a) GENERAL ROTC SCHOLARSHIP PROGRAM.—Sec9 tion 2107(a) of title 10, United States Code, is amended—

10 (1) by striking ‘‘27 years of age on June 30’’ and

11 inserting ‘‘35 years of age on December 31’’; and

12 (2) by striking ‘‘, except that’’ and all that fol13 lows through ‘‘on such date’’ the second place it ap14 pears.

15 (b) ARMY RESERVE AND ARMY NATIONAL GUARD

16 ROTC SCHOLARSHIP PROGRAM.—Section 2107a(a) of such

17 title is amended—

18 (1) by striking ‘‘27 years of age on June 30’’ and

19 inserting ‘‘35 years of age on December 31’’; and

20 (2) by striking ‘‘, except that’’ and all that fol21 lows through ‘‘on such date’’ the second place it ap22 pears.
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1 SEC. 535. ACTIVE DUTY PARTICIPATION AS A CADET OR

2 MIDSHIPMAN IN SENIOR ROTC ADVANCED

3 TRAINING.

4 (a) SENIOR RESERVE OFFICER TRAINING CORPS.—

5 Section 2104(b)(3) of title 10, United States Code, is

6 amended by striking ‘‘a reserve component of’’ ’’.

7 (b) BASIC PAY.—Section 209(c) of title 37, United

8 States Code, is amended by inserting ‘‘unless the cadet or

9 midshipman is serving on active duty’’ before the period

10 at the end.

11 SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGA12 TION OF CERTAIN ROTC CADETS IN MILITARY

13 JUNIOR COLLEGES RECEIVING FINANCIAL

14 ASSISTANCE.

15 (a) AUTHORITY TO MODIFY AGREEMENTS.—Sub16 section (b) of section 2107a of title 10, United States Code,

17 is amended—

18 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

19 (2) by redesignating paragraphs (1), (2), (3),

20 (4), (5), and (6) as subparagraphs (A), (B), (C), (D),

21 (E), and (F), respectively;

22 (3) by designating the sentence following sub23 paragraph (F), as so redesignated, as paragraph (2);

24 and

25 (4) by adding at the end the following new para26 graph:
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1 ‘‘(3) In the case of a cadet under this section at a mili2 tary junior college, the Secretary may, at any time and

3 with the consent of the cadet concerned, modify an agree4 ment described in paragraph (1)(F) submitted by the cadet

5 to reduce or eliminate the troop program unit service obli6 gation specified in the agreement and to establish, in lieu

7 of that obligation, an active duty service obligation. Such

8 a modification may be made only if the Secretary deter9 mines that it is in the best interests of the United States

10 to do so.’’.

11 (b) RETROACTIVE APPLICATION.—The authority of the

12 Secretary of Defense under section 2107a(b)(3) of title 10,

13 United States Code, as added by subsection (a), may be ex14 ercised with regard to any agreement described in sub15 section (b)(1)(F) (including agreements related to partici16 pation in the Advanced Course of the Army Reserve Offi17 cers’ Training Corps at a military college or civilian insti18 tution) entered into during the period beginning on Janu19 ary 1, 1991 and ending on July 12, 2000.

20 (c) TECHNICAL AMENDMENT.—Subsection (h) of such

21 section is amended by striking ‘‘military college’’ in the sec22 ond sentence and inserting ‘‘military junior college’’.
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1 SEC. 537. MODIFICATION OF NURSE OFFICER CANDIDATE

2 ACCESSION PROGRAM RESTRICTION ON STU3 DENTS ATTENDING EDUCATIONAL INSTITU4 TIONS WITH SENIOR RESERVE OFFICERS’

5 TRAINING PROGRAMS.

6 Section 2130a of title 10, United States Code, is

7 amended—

8 (1) in subsection (a)(2), by striking ‘‘that does

9 not have a Senior Reserve Officers’ Training Program

10 established under section 2102 of this title’’; and

11 (2) in subsection (b)(1), by inserting before the

12 semicolon at the end ‘‘or that has a Senior Reserve

13 Officers’ Training Program for which the student is

14 ineligible’’.

15 SEC. 538. REPEAL OF LIMITATION ON NUMBER OF JUNIOR

16 RESERVE OFFICERS’ TRAINING CORPS

17 (JROTC) UNITS.

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

19 amended by striking the second sentence.

20 SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PRO21 GRAM EXPANSION.

22 (a) PURPOSE OF PROGRAM.—Subsection (a) of section

23 16201 of title 10, United States Code, is amended—

24 (1) by striking ‘‘specialties critically needed in

25 wartime’’;
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1 (2) by striking ‘‘training in such specialties’’

2 and inserting ‘‘training that leads to a degree in

3 medicine or dentistry or training in a health profes4 sions specialty that is critically needed in wartime’’;

5 and

6 (3) by striking ‘‘training in certain health care

7 specialties’’ and inserting ‘‘health care education and

8 training’’.

9 (b) MEDICAL AND DENTAL STUDENT STIPEND.—Such

10 section is further amended—

11 (1) by redesignating subsections (b), (c), (d), and

12 (e) as subsections (c), (d), (e), and (f), respectively;

13 and

14 (2) by inserting after subsection (a) the following

15 new subsection (b):

16 ‘‘(b) MEDICAL AND DENTAL SCHOOL STUDENTS.—(1)

17 Under the stipend program under this chapter, the Sec18 retary of the military department concerned may enter into

19 an agreement with a person who—

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

21 a reserve component;

22 ‘‘(B) is enrolled or has been accepted for enroll23 ment in an institution in a course of study that re24 sults in a degree in medicine or dentistry;
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1 ‘‘(C) signs an agreement that, unless sooner sepa2 rated, the person will—

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

4 program;

5 ‘‘(ii) accept a reappointment or redesigna6 tion within the person’s reserve component, if

7 tendered, based upon the person’s health profes8 sion, following satisfactory completion of the

9 educational and intern programs; and

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

11 and

12 ‘‘(D) if required by regulations prescribed by the

13 Secretary of Defense, agrees to apply for, if eligible,

14 and accept, if offered, residency training in a health

15 profession skill which has been designated by the Sec16 retary of Defense as a critically needed wartime skill.

17 ‘‘(2) Under the agreement—

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

19 concerned shall agree to pay the participant a sti20 pend, in the amount determined under subsection (f),

21 for the period or the remainder of the period the stu22 dent is satisfactorily progressing toward a degree in

23 medicine or dentistry while enrolled in an accredited

24 medical or dental school;
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1 ‘‘(B) the participant shall not be eligible to re2 ceive such stipend before appointment, designation, or

3 assignment as an officer for service in the Ready Re4 serve;

5 ‘‘(C) the participant shall be subject to such ac6 tive duty requirements as may be specified in the

7 agreement and to active duty in time of war or na8 tional emergency as provided by law for members of

9 the Ready Reserve; and

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

11 successful completion of the program, one year in the

12 Selected Reserve for each six months, or part thereof,

13 for which the stipend is provided. In the case of a

14 participant who enters into a subsequent agreement

15 under subsection (c) and successfully completes resi16 dency training in a specialty designated by the Sec17 retary of Defense as a specialty critically needed by

18 the military department in wartime, the requirement

19 to serve in the Selected Reserve may be reduced to one

20 year for each year, or part thereof, for which the sti21 pend was provided while enrolled in medical or den22 tal school.’’.

23 (c) WARTIME CRITICAL SKILLS.—Subsection (c) of

24 such section (as redesignated by subsection (b)(1)) is

25 amended—
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1 (1) by inserting ‘‘WARTIME’’ after ‘‘CRITICAL’’ in

2 the heading; and

3 (2) by inserting ‘‘or has been appointed as a

4 medical or dental officer in the Reserve of the armed

5 force concerned’’ in paragraph (1)(B) before the semi6 colon at the end.

7 (d) SERVICE OBLIGATION REQUIREMENT.—Paragraph

8 (2)(D) of subsection (c) of such section (as redesignated by

9 subsection (b)(1)) and paragraph (2)(D) of subsection (d)

10 of such section (as so redesignated) are amended by striking

11 ‘‘two years in the Ready Reserve for each year,’’ and insert12 ing ‘‘one year in the Ready Reserve for each six months,’’.

13 (e) CROSS-REFERENCE.—Paragraph (2)(A) of sub14 section (c) of such section (as redesignated by subsection

15 (b)(1)) and paragraph (2)(A) of subsection (d) of such sec16 tion (as so redesignated) are amended by striking ‘‘sub17 section (e)’’ and inserting ‘‘subsection (f)’’.

18 SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR

19 THE CORPS OF CADETS, UNITED STATES

20 MILITARY ACADEMY.

21 (a) AUTHORITY.—The second sentence of section 4337

22 of title 10, United States Code, is amended to read as fol23 lows: ‘‘Notwithstanding any other provision of law, the

24 chaplain is entitled to the same basic allowance for housing
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1 allowed to a lieutenant colonel, and to fuel and light for

2 quarters in kind.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall take effect on the first day of the first

5 month beginning on or after the date of the enactment of

6 this Act.

7 Subtitle E—Decorations, Awards,

8 and Commendations

9 SEC. 541. AUTHORITY FOR AWARD OF THE MEDAL OF

10 HONOR TO HUMBERT R. VERSACE FOR VALOR

11 DURING THE VIETNAM WAR.

12 (a) WAIVER OF TIME LIMITATION.—Notwithstanding

13 the time limitations specified in section 3744 of title 10,

14 United States Code, or any other time limitation with re15 spect to the awarding of certain medals to persons who

16 served in the military service, the President may award the

17 Medal of Honor under section 3741 of that title to Humbert

18 R. Versace for the acts of valor referred to in subsection

19 (b).

20 (b) ACTION DESCRIBED.—The acts of valor referred to

21 in subsection (a) are the actions of Humbert R. Versace be22 tween October 29, 1963, and September 26, 1965, while in23 terned as a prisoner-of-war by the Vietnamese Communist

24 National Liberation Front (Viet Cong) in the Republic of

25 Vietnam.
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1 SEC. 542. REVIEW REGARDING AWARD OF MEDAL OF

2 HONOR TO CERTAIN JEWISH AMERICAN AND

3 HISPANIC AMERICAN WAR VETERANS.

4 (a) REVIEW REQUIRED.—The Secretary of each mili5 tary department shall review the service records of each

6 Jewish American war veteran or Hispanic American war

7 veteran described in subsection (b) to determine whether

8 that veteran should be awarded the Medal of Honor.

9 (b) COVERED JEWISH AMERICAN WAR VETERANS AND

10 HISPANIC AMERICAN WAR VETERANS.—The Jewish Amer11 ican war veterans and Hispanic American war veterans

12 whose service records are to be reviewed under subsection

13 (a) are the following:

14 (1) Any Jewish American war veteran or His15 panic American war veteran who was awarded the

16 Distinguished Service Cross, the Navy Cross, or the

17 Air Force Cross before the date of the enactment of

18 this Act.

19 (2) Any other Jewish American war veteran or

20 Hispanic American war veteran whose name is sub21 mitted to the Secretary concerned for such purpose be22 fore the end of the one-year period beginning on the

23 date of the enactment of this Act.

24 (c) CONSULTATIONS.—In carrying out the review

25 under subsection (a), the Secretary of each military depart26 ment shall consult with the Jewish War Veterans of the
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1 United States of America and with such other veterans serv2 ice organizations as the Secretary considers appropriate.

3 (d) RECOMMENDATION BASED ON REVIEW.—If the

4 Secretary concerned determines, based upon the review

5 under subsection (a) of the service records of any Jewish

6 American war veteran or Hispanic American war veteran,

7 that the award of the Medal of Honor to that veteran is

8 warranted, the Secretary shall submit to the President a

9 recommendation that the President award the Medal of

10 Honor to that veteran.

11 (e) AUTHORITY TO AWARD MEDAL OF HONOR.—A

12 Medal of Honor may be awarded to a Jewish American war

13 veteran or Hispanic American war veteran in accordance

14 with a recommendation of the Secretary concerned under

15 subsection (a).

16 (f) WAIVER OF TIME LIMITATIONS.—An award of the

17 Medal of Honor may be made under subsection (e) without

18 regard to—

19 (1) section 3744, 6248, or 8744 of title 10,

20 United States Code, as applicable; and

21 (2) any regulation or other administrative re22 striction on—

23 (A) the time for awarding the Medal of

24 Honor; or
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1 (B) the awarding of the Medal of Honor for

2 service for which a Distinguished Service Cross,

3 Navy Cross, or Air Force Cross has been award4 ed.

5 (g) DEFINITION.—For purposes of this section, the

6 term ‘‘Jewish American war veteran’’ means any person

7 who served in the Armed Forces during World War II or

8 a later period of war and who identified himself or herself

9 as Jewish on his or her military personnel records.

10 SEC. 543. AUTHORITY TO ISSUE DUPLICATE MEDAL OF

11 HONOR.

12 (a) ARMY.—(1) Chapter 357 of title 10, United States

13 Code, is amended by adding at the end the following new

14 section:

15 ‘‘§ 3754. Medal of honor: duplicate medal

16 ‘‘A person awarded a medal of honor shall, upon writ17 ten application of that person, be issued, without charge,

18 one duplicate medal of honor with ribbons and appur19 tenances. Such duplicate medal of honor shall be marked,

20 in such manner as the Secretary of the Army may deter21 mine, as a duplicate or for display purposes only.’’.

22 (2) The table of sections at the beginning of such chap23 ter is amended by adding at the end the following new item:

‘‘3754. Medal of honor: duplicate medal.’’.
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1 (b) NAVY.—(1) Chapter 567 of title 10, United States

2 Code, is amended by adding at the end the following new

3 section:

4 ‘‘§ 6256. Medal of honor: duplicate medal

5 ‘‘A person awarded a medal of honor shall, upon writ6 ten application of that person, be issued, without charge,

7 one duplicate medal of honor with ribbons and appur8 tenances. Such duplicate medal of honor shall be marked,

9 in such manner as the Secretary of the Navy may deter10 mine, as a duplicate or for display purposes only.’’.

11 (2) The table of sections at the beginning of such chap12 ter is amended by adding at the end the following new item:

‘‘6256. Medal of honor: duplicate medal.’’.

13 (c) AIR FORCE.—(1) Chapter 857 of title 10, United

14 States Code, is amended by adding at the end the following

15 new section:

16 ‘‘§ 8754. Medal of honor: duplicate medal

17 ‘‘A person awarded a medal of honor shall, upon writ18 ten application of that person, be issued, without charge,

19 one duplicate medal of honor with ribbons and appur20 tenances. Such duplicate medal of honor shall be marked,

21 in such manner as the Secretary of the Air Force may deter22 mine, as a duplicate or for display purposes only.’’.

23 (2) The table of sections at the beginning of such chap24 ter is amended by adding at the end the following new item:

‘‘8754. Medal of honor: duplicate medal.’’.
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1 (d) COAST GUARD.—(1) Chapter 13 of title 14, United

2 States Code, is amended by inserting after section 503 the

3 following new section:

4 ‘‘§ 504. Medal of honor: duplicate medal

5 ‘‘A person awarded a medal of honor shall, upon writ6 ten application of that person, be issued, without charge,

7 one duplicate medal of honor with ribbons and appur8 tenances. Such duplicate medal of honor shall be marked,

9 in such manner as the Secretary may determine, as a du10 plicate or for display purposes only.’’.

11 (2) The table of sections at the beginning of such chap12 ter is amended by inserting after the item relating to section

13 503 the following new item:

‘‘504. Medal of honor: duplicate medal.’’.

14 (e) DEFINITION OF MEDAL OF HONOR FOR PURPOSES

15 OF FEDERAL UNAUTHORIZED-USE CRIME.—Section

16 704(b)(2)(B) of title 18, United States Code, is amended

17 to read as follows:

18 ‘‘(B) As used in this subsection, ‘Congressional

19 Medal of Honor’ means—

20 ‘‘(i) a medal of honor awarded under sec21 tion 3741, 6241, or 8741 of title 10 or section

22 491 of title 14;

23 ‘‘(ii) a duplicate medal of honor issued

24 under section 3754, 6256, or 8754 of title 10 or

25 section 504 of title 14; or
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1 ‘‘(iii) a replacement of a medal of honor

2 provided under section 3747, 6253, or 8747 of

3 title 10 or section 501 of title 14.’’.

4 SEC. 544. AUTHORITY TO REPLACE STOLEN MILITARY

5 DECORATIONS.

6 (a) ARMY, NAVY, AND AIR FORCE.—Sections 3747,

7 6253, and 8747 of title 10, United States Code, are each

8 amended by striking ‘‘lost or destroyed’’ and inserting ‘‘sto9 len, lost, or destroyed’’.

10 (b) COAST GUARD.—Section 501 of title 14, United

11 States Code, is amended by inserting ‘‘stolen,’’ before

12 ‘‘lost,’’.

13 SEC. 545. WAIVER OF TIME LIMITATIONS FOR AWARD OF

14 NAVY DISTINGUISHED FLYING CROSS TO

15 CERTAIN PERSONS.

16 (a) WAIVER.—Any limitation established by law or

17 policy for the time within which a recommendation for the

18 award of a military decoration or award must be submitted

19 shall not apply to awards of decorations described in this

20 section, the award of each such decoration having been de21 termined by the Secretary concerned to be warranted in ac22 cordance with section 1130 of title 10, United States Code.

23 (b) DISTINGUISHED FLYING CROSS.—Subsection (a)

24 applies to the award of the Distinguished Flying Cross for

25 service during World War II or Korea (including multiple
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1 awards to the same individual) in the case of each indi2 vidual concerning whom the Secretary of the Navy (or an

3 officer of the Navy acting on behalf of the Secretary) sub4 mitted to the Committee on Armed Services of the House

5 of Representatives and the Committee on Armed Services

6 of the Senate, during the period beginning on October 31,

7 2000, and ending on the day before the date of the enact8 ment of this Act, a notice as provided in section 1130(b)

9 of title 10, United States Code, that the award of the Distin10 guished Flying Cross to that individual is warranted and

11 that a waiver of time restrictions prescribed by law for rec12 ommendation for such award is recommended.

13 SEC. 546. KOREA DEFENSE SERVICE MEDAL.

14 (a) ARMY.—(1) Chapter 357 of title 10, United States

15 Code, as amended by section 543(a)(1), is further amended

16 by adding at the end the following new section:

17 ‘‘§ 3755. Korea Defense Service Medal

18 ‘‘(a) The Secretary of the Army shall issue a campaign

19 medal, to be known as the Korea Defense Service Medal,

20 to each person who while a member of the Army served in

21 the Republic of Korea or the waters adjacent thereto during

22 the KDSM eligibility period and met the service require23 ments for the award of that medal prescribed under sub24 section (c).
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1 ‘‘(b) In this section, the term ‘KDSM eligibility period’

2 means the period beginning on July 28, 1954, and ending

3 on such date after the date of the enactment of this section

4 as may be determined by the Secretary of Defense to be ap5 propriate for terminating eligibility for the Korea Defense

6 Service Medal.

7 ‘‘(c) The Secretary of the Army shall prescribe service

8 requirements for eligibility for the Korea Defense Service

9 Medal. Those requirements shall not be more stringent than

10 the service requirements for award of the Armed Forces Ex11 peditionary Medal for instances in which the award of that

12 medal is authorized.’’.

13 (2) The table of sections at the beginning of such chap14 ter, as amended by section 543(a)(2), is further amended

15 by adding at the end the following new item:

‘‘3755. Korea Defense Service Medal.’’.

16 (b) NAVY AND MARINE CORPS.—(1) Chapter 567 of

17 title 10, United States Code, as amended by section

18 543(b)(1), is further amended by adding at the end the fol19 lowing new section:

20 ‘‘§ 6257. Korea Defense Service Medal

21 ‘‘(a) The Secretary of the Navy shall issue a campaign

22 medal, to be known as the Korea Defense Service Medal,

23 to each person who while a member of the Navy or Marine

24 Corps served in the Republic of Korea or the waters adja25 cent thereto during the KDSM eligibility period and met
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1 the service requirements for the award of that medal pre2 scribed under subsection (c).

3 ‘‘(b) In this section, the term ‘KDSM eligibility period’

4 means the period beginning on July 28, 1954, and ending

5 on such date after the date of the enactment of this section

6 as may be determined by the Secretary of Defense to be ap7 propriate for terminating eligibility for the Korea Defense

8 Service Medal.

9 ‘‘(c) The Secretary of the Navy shall prescribe service

10 requirements for eligibility for the Korea Defense Service

11 Medal. Those requirements shall not be more stringent than

12 the service requirements for award of the Armed Forces Ex13 peditionary Medal for instances in which the award of that

14 medal is authorized.’’.

15 (2) The table of sections at the beginning of such chap16 ter, as amended by section 543(b)(2), is further amended

17 by adding at the end the following new item:

‘‘6257. Korea Defense Service Medal.’’.

18 (c) AIR FORCE.—(1) Chapter 857 of title 10, United

19 States Code, as amended by section 543(c)(1), is further

20 amended by adding at the end the following new section:

21 ‘‘§ 8755. Korea Defense Service Medal

22 ‘‘(a) The Secretary of the Air Force shall issue a cam23 paign medal, to be known as the Korea Defense Service

24 Medal, to each person who while a member of the Air Force

25 served in the Republic of Korea or the waters adjacent there-
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1 to during the KDSM eligibility period and met the service

2 requirements for the award of that medal prescribed under

3 subsection (c).

4 ‘‘(b) In this section, the term ‘KDSM eligibility period’

5 means the period beginning on July 28, 1954, and ending

6 on such date after the date of the enactment of this section

7 as may be determined by the Secretary of Defense to be ap8 propriate for terminating eligibility for the Korea Defense

9 Service Medal.

10 ‘‘(c) The Secretary of the Air Force shall prescribe serv11 ice requirements for eligibility for the Korea Defense Service

12 Medal. Those requirements shall not be more stringent than

13 the service requirements for award of the Armed Forces Ex14 peditionary Medal for instances in which the award of that

15 medal is authorized.’’.

16 (2) The table of sections at the beginning of such chap17 ter, as amended by section 543(c)(2), is further amended

18 by adding at the end the following new item:

‘‘8755. Korea Defense Service Medal.’’.

19 (d) AWARD FOR SERVICE BEFORE DATE OF ENACT20 MENT.—The Secretary of the military department con21 cerned shall take appropriate steps to provide in a timely

22 manner for the issuance of the Korea Defense Service Medal,

23 upon application therefor, to persons whose eligibility for

24 that medal is by reason of service in the Republic of Korea
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1 or the waters adjacent thereto before the date of the enact2 ment of this Act.

3 SEC. 547. COLD WAR SERVICE MEDAL.

4 (a) AUTHORITY.—Chapter 57 of title 10, United States

5 Code, is amended by adding at the end the following new

6 section:

7 ‘‘§ 1134. Cold War service medal

8 ‘‘(a) MEDAL AUTHORIZED.—The Secretary concerned

9 shall, upon application, issue the Cold War service medal

10 to a person eligible to receive that medal. The Cold War

11 service medal shall be of an appropriate design approved

12 by the Secretary of Defense, with ribbons, lapel pins, and

13 other appurtenances.

14 ‘‘(b) ELIGIBILITY.—(1) A person is eligible to receive

15 the Cold War service medal if the person—

16 ‘‘(A) served on active duty during the Cold War;

17 ‘‘(B) has not been released from active duty with

18 a characterization of service less favorable than hon19 orable and has not received a discharge less favorable

20 than an honorable discharge; and

21 ‘‘(C) except as provided under paragraph (3),

22 meets the service requirements of paragraph (2).

23 ‘‘(2) The service requirements of this paragraph are—

24 ‘‘(A) in the case of a person who served on active

25 duty during the Cold War as an enlisted member,
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1 that the person have completed that person’s initial

2 term of enlistment and after the end of that initial

3 term of enlistment have reenlisted for an additional

4 term of enlistment or have been appointed as an offi5 cer; and

6 ‘‘(B) in the case of a person who served on active

7 duty during the Cold War as an officer, that the per8 son have completed that person’s initial service obli9 gation as an officer and have served in the armed

10 forces after completing that initial service obligation.

11 ‘‘(3) The Secretary concerned, under regulations pre12 scribed under this section, may waive the service require13 ments of paragraph (2)—

14 ‘‘(A) in the case of any person discharged or re15 leased from active duty for a disability incurred or

16 aggravated in line of duty;

17 ‘‘(B) in the case of any person discharged for

18 hardship under section 1173 of this title; and

19 ‘‘(C) under any other circumstance for which the

20 Secretary determines that such a waiver is war21 ranted.

22 ‘‘(c) ONE AWARD AUTHORIZED.—Not more than one

23 Cold War service medal may be issued to any person.

24 ‘‘(d) ISSUANCE TO REPRESENTATIVE OF DECEASED.—

25 If a person who is eligible for the Cold War service medal
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1 dies before being issued that medal, the medal may, upon

2 application, be issued to the person’s representative, as des3 ignated by the Secretary concerned.

4 ‘‘(e) REPLACEMENT.—Under regulations prescribed by

5 the Secretary concerned, a Cold War service medal that is

6 lost, destroyed, or rendered unfit for use without fault or

7 neglect on the part of the person to whom it was issued

8 may be replaced without charge.

9 ‘‘(f) UNIFORM REGULATIONS.—The Secretary of De10 fense shall ensure that regulations prescribed by the Secre11 taries of the military departments under this section are

12 uniform so far as is practicable.

13 ‘‘(g) COLD WAR DEFINED.—In this section, the term

14 ‘Cold War’ means the period beginning on September 2,

15 1945, and ending at the end of December 26, 1991.’’.

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

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

18 end the following new item:

‘‘1134. Cold War service medal.’’.

19 SEC. 548. OPTION TO CONVERT AWARD OF ARMED FORCES

20 EXPEDITIONARY MEDAL AWARDED FOR OP21 ERATION FREQUENT WIND TO VIETNAM

22 SERVICE MEDAL.

23 (a) IN GENERAL.—The Secretary of the military de24 partment concerned shall, upon the application of an indi25 vidual who is an eligible Vietnam evacuation veteran,
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1 award that individual the Vietnam Service Medal, notwith2 standing any otherwise applicable requirements for the

3 award of that medal. Any such award shall be made in

4 lieu of the Armed Forces Expeditionary Medal awarded the

5 individual for participation in Operation Frequent Wind.

6 (b) ELIGIBLE VIETNAM EVACUATION VETERAN.—For

7 purposes of this section, the term ‘‘eligible Vietnam evacu8 ation veteran’’ means a member or former member of the

9 Armed Forces who was awarded the Armed Forces Expedi10 tionary Medal for participation in military operations des11 ignated as Operation Frequent Wind arising from the evac12 uation of Vietnam on April 29 and 30, 1975.

13 SEC. 549. SENSE OF CONGRESS ON NEW MEDAL TO RECOG14 NIZE CIVILIAN EMPLOYEES OF THE DEPART15 MENT OF DEFENSE KILLED OR WOUNDED AS

16 A RESULT OF HOSTILE ACTION.

17 (a) FINDINGS.—Congress makes the following findings:

18 (1) The role and importance of civilian nation19 als of the United States as Federal employees and

20 contractors in support of operations of the Armed

21 Forces worldwide has continued to expand.

22 (2) The expanded role performed by those civil23 ians, both in the United States and overseas, has

24 greatly increased the risk to those civilians of injury

25 and death from hostile actions taken against United
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1 States Armed Forces, as demonstrated by the terrorist

2 attack on the Pentagon on September 11, 2001, in

3 which scores of Department of Defense civilian and

4 contractor personnel were killed or wounded.

5 (3) No decoration exists for the recognition of ci6 vilian nationals of the United States who, while serv7 ing under competent authority in any capacity with

8 the Armed Forces, are killed or wounded in the line

9 of duty under circumstances which, if they were mem10 bers of the Armed Forces, would qualify them for the

11 award of the Purple Heart.

12 (4) Both the Congress and the Secretary of De13 fense have previously agreed to the need for such a

14 decoration.

15 (5) On September 20, 2001, the Deputy Sec16 retary of Defense approved the creation of a new

17 award, a medal for the defense of freedom, to be

18 awarded to civilians employed by the Department of

19 Defense who are killed or wounded as a result of hos20 tile action and at the same time directed that a com21 prehensive review be conducted to develop a more uni22 form approach to the award of decorations to mili23 tary and civilian personnel of the Department of De24 fense.
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1 (b) COMMENDATION OF CREATION OF NEW AWARD.—

2 Congress commends the decision announced by the Deputy

3 Secretary of Defense on September 20, 2001, to approve the

4 creation of a new award, a medal for the defense of freedom,

5 to be awarded to civilians employed by the Department of

6 Defense who are killed or wounded as a result of hostile

7 action.

8 (c) SENSE OF CONGRESS.—It is the sense of Congress

9 that the Secretary of Defense—

10 (1) should move expeditiously to produce and

11 award the new medal referred to in subsection (b);

12 and

13 (2) should develop a more comprehensive, uni14 form policy for the award of decorations to military

15 and civilian personnel of the Department of Defense.

16 Subtitle F—Matters Relating to

17 Voting

18 SEC. 551. VOTING ASSESSMENTS AND ASSISTANCE FOR

19 MEMBERS OF THE UNIFORMED SERVICES.

20 (a) IN GENERAL.—Chapter 80 of title 10, United

21 States Code, is amended by adding at the end the following

22 new section:
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1 ‘‘§ 1566. Voting assistance: compliance assessments

2 and assistance

3 ‘‘(a) INSPECTOR GENERAL ASSESSMENTS.—(1) The

4 Department of Defense Inspector General shall each cal5 endar year conduct a random and unannounced assessment

6 at a minimum of 15 Department of Defense installations

7 of the compliance at those installations with—

8 ‘‘(A) the requirements of the Uniformed and

9 Overseas Citizens Absentee Voting Act (42 U.S.C.

10 1973ff et seq.);

11 ‘‘(B) Department of Defense regulations regard12 ing that Act and the Federal Voting Assistance Pro13 gram carried out under that Act; and

14 ‘‘(C) other requirements of law regarding voting

15 by members of the armed forces.

16 ‘‘(2) Each assessment under paragraph (1) shall in17 clude a review of such compliance—

18 ‘‘(A) within units to which are assigned, in the

19 aggregate, not less than 20 percent of the personnel

20 assigned to duty at that installation;

21 ‘‘(B) within a representative survey of members

22 of the armed forces assigned to that installation and

23 their dependents; and

24 ‘‘(C) within unit voting assistance officers to

25 measure program effectiveness.
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1 ‘‘(b) REGULAR MILITARY DEPARTMENT ASSESS2 MENTS.—The Secretary of each military department shall

3 include in the set of issues and programs to be reviewed

4 during any management effectiveness review or inspection

5 an assessment of compliance with the Uniformed and Over6 seas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.)

7 and with Department of Defense regulations regarding the

8 Federal Voting Assistance Program.

9 ‘‘(c) VOTING ASSISTANCE OFFICERS.—Voting assist10 ance officers appointed or assigned under Department of

11 Defense regulations regarding the Federal Voting Assistance

12 Program shall be appointed or assigned with the expecta13 tion of serving in that capacity for a minimum of 30

14 months. A member of the armed forces assigned to such a

15 position may not be assigned other duties that would not

16 be considered part of the member’s primary military duties,

17 except when a unit commander determines that insufficient

18 personnel are available to fulfill all additional duty require19 ments. Performance evaluation reports pertaining to a

20 member who has been assigned to serve as a voting assist21 ance officer shall comment on the performance of the mem22 ber as a voting assistance officer.

23 ‘‘(d) DELIVERY OF MAIL FROM OVERSEAS PRECEDING

24 FEDERAL ELECTIONS.—(1) During the four months pre25 ceding a general Federal election month, the Secretary of
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1 Defense shall periodically conduct surveys of all overseas

2 locations and vessels at sea with military units responsible

3 for collecting mail for return shipment to the United States

4 and all port facilities in the United States and overseas

5 where military-related mail is collected for shipment to

6 overseas locations or to the United States. The purpose of

7 each survey shall be to determine if voting materials are

8 awaiting shipment at any such location and, if so, the

9 length of time that such materials have been held at that

10 location. During the fourth and third months before a gen11 eral Federal election month, such surveys shall be conducted

12 biweekly. During the second and first months before a gen13 eral Federal election month, such surveys shall be conducted

14 weekly.

15 ‘‘(2) The Secretary shall ensure that voting materials

16 are transmitted expeditiously by military postal authorities

17 at all times.

18 ‘‘(3) In this section, the term ‘general Federal election

19 month’ means November in an even-numbered year.’’.

20 (b) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of such chapter is amended by adding at the

22 end the following new item:

‘‘1566. Voting assistance: compliance assessments and assistance.’’.

23 SEC. 552. ELECTRONIC VOTING DEMONSTRATION PROJECT.

24 (a) DEMONSTRATION PROJECT.—The Secretary of De25 fense shall carry out a demonstration project to examine
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1 voting in Federal elections by absent uniformed services vot2 ers through a long-distance electronic voting system. The

3 demonstration project shall be carried out for voting in the

4 regularly scheduled general election for Federal office in No5 vember 2002. Under the demonstration project, absent uni6 formed services voters participating in the project shall be

7 provided a means, with the cooperation and assistance of

8 State election officials of States that agree to participate

9 in the project, to cast their ballots in that election through

10 a long-distance electronic voting method.

11 (b) SCOPE OF PROJECT.—The Secretary shall deter12 mine the scope of the demonstration project under this sec13 tion, including the absent uniformed services voters author14 ized to participate in the project. The project shall be car15 ried out with participation of sufficient numbers of absent

16 uniformed services voters so that the results are statistically

17 relevant.

18 (c) COORDINATION WITH STATE ELECTION OFFI19 CIALS.—The Secretary shall carry out the demonstration

20 project under this section through cooperative agreements

21 with State election officials of States that agree to partici22 pate in the project.

23 (d) REPORT TO CONGRESS.—Not later than June 1,

24 2003, the Secretary shall submit to Congress a report ana25 lyzing the demonstration project conducted under this sec-
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1 tion. The Secretary shall include in the report any rec2 ommendations the Secretary considers appropriate for con3 tinuing the project on an expanded basis during the next

4 regularly scheduled general election for Federal office.

5 (e) ABSENT UNIFORMED SERVICES VOTER DE6 FINED.—In this section, the term ‘‘absent uniformed serv7 ices voter’’ has the meaning given that term in section

8 107(1) of the Uniformed and Overseas Citizens Absentee

9 Voting Act (42 U.S.C. 1973ff–6(1)).

10 (f) STATE DEFINED.—In this section, the term ‘‘State’’

11 includes the District of Columbia, the Commonwealth of

12 Puerto Rico, Guam, the Virgin Islands, and American

13 Samoa.

14 Subtitle G—Matters Relating to

15 Military Spouses and Family

16 Members

17 SEC. 561. IMPROVED FINANCIAL AND OTHER ASSISTANCE

18 TO MILITARY SPOUSES FOR JOB TRAINING

19 AND EDUCATION.

20 (a) EXAMINATION OF EXISTING EMPLOYMENT ASSIST21 ANCE PROGRAMS.—(1) The Secretary of Defense shall ex22 amine existing Department of Defense and other Federal,

23 State, and nongovernmental programs with the objective of

24 improving retention of military personnel by increasing the

25 employability of military spouses and assisting those
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1 spouses in gaining access to financial and other assistance

2 for job training and education.

3 (2) In conducting the examination, the Secretary shall

4 give priority to facilitating and increasing access of mili5 tary spouses to existing Department of Defense, Federal,

6 State, and nongovernmental sources for the types of finan7 cial assistance set forth in paragraph (3), but shall also

8 specifically assess whether the Department of Defense should

9 begin a program for direct financial assistance to military

10 spouses for some or all of those types of assistance and

11 whether such a program of direct financial assistance would

12 enhance retention.

13 (3) In conducting the examination pursuant to para14 graph (1), the Secretary should focus on financial assistance

15 for military spouses for one or more of the following pur16 poses:

17 (A) Career-related education.

18 (B) Certification and license fees for employ19 ment-related purposes.

20 (C) Apprenticeships and internships.

21 (D) Technical training.

22 (E) Training to improve job skills.

23 (F) Career counseling.

24 (G) Skills assessment.

25 (H) Job-search skills.
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1 (I) Job-related transportation.

2 (J) Child care.

3 (K) Any additional employment-related purpose

4 specified by the Secretary for the purposes of the ex5 amination under paragraph (1).

6 (4) Not later than March 30, 2002, the Secretary of

7 Defense shall submit to the Committee on Armed Services

8 of the Senate and the Committee on Armed Services of the

9 House of Representatives a report on the results of the ex10 amination under paragraph (1).

11 (b) REVIEW OF DEPARTMENT OF DEFENSE POLI12 CIES.—(1) The Secretary of Defense shall review Depart13 ment of Defense policies that affect employment and edu14 cation opportunities for military spouses in the Department

15 of Defense in order to further expand those opportunities.

16 The review shall include the consideration of providing, to

17 the extent authorized by law, separate spouse preferences

18 for employment by appropriated and nonappropriated fund

19 operations.

20 (2) Not later than March 30, 2002, the Secretary of

21 Defense shall submit to the Committee on Armed Services

22 of the Senate and the Committee on Armed Services of the

23 House of Representatives a report on the results of the re24 view under paragraph (1).
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1 (c) SPOUSE EMPLOYMENT ASSISTANCE.—Section 1784

2 of title 10, United States Code, is amended by adding at

3 the end the following new subsections:

4 ‘‘(d) SPACE-AVAILABLE USE OF FACILITIES FOR

5 SPOUSE TRAINING PURPOSES.—Under regulations pre6 scribed by the Secretary of Defense, the Secretary of a mili7 tary department may make available to a non-Department

8 of Defense entity space in non-excess facilities controlled by

9 that Secretary for the purpose of the non-Department of De10 fense entity providing employment-related training for

11 military spouses.

12 ‘‘(e) EMPLOYMENT BY OTHER FEDERAL AGENCIES.—

13 The Secretary of Defense shall work with the Director of

14 the Office of Personnel Management and the heads of other

15 Federal departments and agencies to expand and facilitate

16 the use of existing Federal programs and resources in sup17 port of military spouse employment.

18 ‘‘(f) PRIVATE-SECTOR EMPLOYMENT.—The Secretary

19 of Defense—

20 ‘‘(1) shall seek to develop partnerships with firms

21 in the private sector to enhance employment opportu22 nities for spouses of members of the armed forces and

23 to provide for improved job portability for such

24 spouses, especially in the case of the spouse of a mem25 ber of the armed forces accompanying the member to
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1 a new geographical area because of a change of per2 manent duty station of the member; and

3 ‘‘(2) shall work with the United States Chamber

4 of Commerce and other appropriate private-sector en5 tities to facilitate the formation of such partnerships.

6 ‘‘(g) EMPLOYMENT WITH DOD CONTRACTORS.—The

7 Secretary of Defense shall examine and seek ways for incor8 porating hiring preferences for qualified spouses of members

9 of the armed forces into contracts between the Department

10 of Defense and private-sector entities.’’.

11 SEC. 562. AUTHORITY TO CONDUCT SURVEYS OF DEPEND12 ENTS AND SURVIVORS OF MILITARY RETIR13 EES.

14 (a) EXTENSION OF SURVEY AUTHORITY.—Subsection

15 (a) of section 1782 of title 10, United States Code, is

16 amended to read as follows:

17 ‘‘(a) AUTHORITY.—The Secretary of Defense, in order

18 to determine the effectiveness of Federal programs relating

19 to military families and the need for new programs, may

20 conduct surveys of—

21 ‘‘(1) members of the armed forces who are on ac22 tive duty, in an active status, or retired;

23 ‘‘(2) family members of such members; and

24 ‘‘(3) survivors of retired members.’’.
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1 (b) CONFORMING AMENDMENT.—Subsection (c) of such

2 section is amended by striking ‘‘family members’’ and all

3 that follows through ‘‘armed forces’’ the second place it ap4 pears and inserting ‘‘persons covered by subsection (a)’’.

5 SEC. 563. CLARIFICATION OF TREATMENT OF CLASSIFIED

6 INFORMATION CONCERNING PERSONS IN A

7 MISSING STATUS.

8 Section 1506(b)(2) of title 10, United States Code, is

9 amended—

10 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’;

11 (2) by striking the period at the end and insert12 ing ‘‘of all missing persons from the conflict or period

13 of war to which the classified information pertains.’’;

14 and

15 (3) by adding at the end the following new sub16 paragraph:

17 ‘‘(B) For purposes of subparagraph (A), information

18 shall be considered to be made reasonably available if placed

19 in a separate and distinct file that is available for review

20 by persons specified in subparagraph (A) upon the request

21 of any such person either to review the separate file or to

22 review the personnel file of the missing person concerned.’’.
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1 SEC. 564. TRANSPORTATION TO ANNUAL MEETING OF

2 NEXT-OF-KIN OF PERSONS UNACCOUNTED

3 FOR FROM CONFLICTS AFTER WORLD WAR II.

4 (a) IN GENERAL.—(1) Chapter 157 of title 10, United

5 States Code, is amended by adding at the end the following

6 new section:

7 ‘‘§ 2647. Transportation to annual meeting of next-of8 kin of persons unaccounted for from con9 flicts after World War II

10 ‘‘The Secretary of Defense may provide transportation

11 for the next-of-kin of persons who are unaccounted for from

12 the Korean conflict, the Cold War, Vietnam War era, or

13 the Persian Gulf War to and from an annual meeting in

14 the United States. Such transportation shall be provided

15 under such regulations as the Secretary of Defense may pre16 scribe.’’.

17 (2) The table of sections at the beginning of such chap18 ter is amended by adding at the end the following new item:

‘‘2647. Transportation to annual meeting of next-of-kin of persons unaccounted

for from conflicts after World War II.’’.

19 (b) EFFECTIVE DATE.—Section 2647 of title 10,

20 United States Code, as added by subsection (a), shall take

21 effect on October 1, 2001, or the date of the enactment of

22 this Act, whichever is later.
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1 SEC. 565. AMENDMENTS TO CHARTER OF DEFENSE TASK

2 FORCE ON DOMESTIC VIOLENCE.

3 (a) MEMBERS APPOINTED FROM PRIVATE SECTOR.—

4 Subsection (h)(1) of section 591 of the National Defense Au5 thorization Act for Fiscal Year 2000 (Public Law 106–65;

6 113 Stat. 639; 10 U.S.C. 1562 note) is amended—

7 (1) by inserting ‘‘who is a member of the Armed

8 Forces or civilian officer or employee of the United

9 States’’ after ‘‘Each member of the task force’’;

10 (2) by striking ‘‘, but shall’’ and all that follows

11 and inserting a period; and

12 (3) by adding at the end the following new sen13 tence: ‘‘Other members of the task force shall be ap14 pointed in accordance with, and subject to, section

15 3161 of title 5, United States Code.’’.

16 (b) EXTENSION OF TERMINATION DATE.—Subsection

17 (j) of such section is amended by striking ‘‘three years after

18 the date of the enactment of this Act’’ and inserting ‘‘on

19 April 24, 2003’’.

20 Subtitle H—Military Justice and

21 Legal Matters

22 SEC. 571. REQUIREMENT THAT COURTS-MARTIAL CONSIST

23 OF NOT LESS THAN 12 MEMBERS IN CAPITAL

24 CASES.

25 (a) CLASSIFICATION OF GENERAL COURT-MARTIAL IN

26 CAPITAL CASES.—Section 816(1)(A) of title 10, United
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1 States Code (article 16(1)(A) of the Uniform Code of Mili2 tary Justice) is amended by inserting after ‘‘five members’’

3 the following: ‘‘or, in a case in which the accused may be

4 sentenced to a penalty of death, the number of members de5 termined under section 825a of this title (article 25a)’’.

6 (b) NUMBER OF MEMBERS REQUIRED.—(1) Chapter

7 47 of title 10, United States Code (the Uniform Code of

8 Military Justice), is amended by inserting after section 825

9 (article 25) the following new section:

10 ‘‘§ 825a. Art. 25a. Number of members in capital cases

11 ‘‘In a case in which the accused may be sentenced to

12 a penalty of death, the number of members shall be not less

13 than 12, unless 12 members are not reasonably available

14 because of physical conditions or military exigencies, in

15 which case the convening authority shall specify a lesser

16 number of members not less than five, and the court may

17 be assembled and the trial held with not less than the num18 ber of members so specified. In such a case, the convening

19 authority shall make a detailed written statement, to be ap20 pended to the record, stating why a greater number of mem21 bers were not reasonably available.’’.

22 (2) The table of sections at the beginning of subchapter

23 V of such chapter is amended by inserting after the item

24 relating to section 825 (article 25) the following new item:

‘‘825a. 25a. Number of members in capital cases.’’.
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1 (c) ABSENT AND ADDITIONAL MEMBERS.—Section

2 829(b) of such title (article 29 of the Uniform Code of Mili3 tary Justice) is amended—

4 (1) by inserting ‘‘(1)’’ after ‘‘(b)’’;

5 (2) by striking ‘‘five members’’ both places it ap6 pears and inserting ‘‘the applicable minimum num7 ber of members’’; and

8 (3) by adding at the end the following new para9 graph:

10 ‘‘(2) In this section, the term ‘applicable minimum

11 number of members’ means five members or, in a case in

12 which the death penalty may be adjudged, the number of

13 members determined under section 825a of this title (article

14 25a).’’.

15 (d) APPLICABILITY.—The amendments made by this

16 section shall apply with respect to offenses committed after

17 the date of the enactment of this Act.

18 SEC. 572. RIGHT OF CONVICTED ACCUSED TO REQUEST

19 SENTENCING BY MILITARY JUDGE.

20 (a) SENTENCING BY JUDGE.—(1) Chapter 47 of title

21 10, United States Code (the Uniform Code of Military Jus22 tice), is amended by inserting after section 852 (article 52)

23 the following new section:
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1 ‘‘§ 852a. Art. 52a. Right of accused to request sen2 tencing by military judge rather than by

3 members

4 ‘‘(a) In the case of an accused convicted of an offense

5 by a court-martial composed of a military judge and mem6 bers, the sentence shall be tried before and adjudged by the

7 military judge rather than the members if, after the find8 ings are announced and before evidence in the sentencing

9 proceeding is introduced, the accused, knowing the identity

10 of the military judge and after consultation with defense

11 counsel, requests orally on the record or in writing that the

12 sentence be tried before and adjudged by the military judge

13 rather than the members.

14 ‘‘(b) This section shall not apply with respect to an

15 offense for which the death penalty may be adjudged unless

16 the case has been previously referred to trial as a noncapital

17 case.’’.

18 (2) The table of sections at the beginning of subchapter

19 VII of such chapter is amended by inserting after the item

20 relating to section 852 (article 52) the following new item:

‘‘852a. 52a. Right of accused to request sentencing by military judge rather than

by members.’’.

21 (b) EFFECTIVE DATE.—Section 852a of title 10,

22 United States Code (article 52a of the Uniform Code of

23 Military Justice), as added by subsection (a), shall apply
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1 with respect to offenses committed after the date of the en2 actment of this Act.

3 SEC. 573. CODIFICATION OF REQUIREMENT FOR REGULA4 TIONS FOR DELIVERY OF MILITARY PER5 SONNEL TO CIVIL AUTHORITIES WHEN

6 CHARGED WITH CERTAIN OFFENSES

7 (a) CODIFICATION OF EXISTING PROVISIONS.—Section

8 814 of title 10, United States Code (article 14 of the Uni9 form Code of Military Justice), is amended by adding at

10 the end the following new subsection:

11 ‘‘(c) The Secretary of Defense shall ensure that the Sec12 retaries of the military departments prescribe regulations

13 under subsection (a) and that those regulations are uniform

14 throughout the armed forces under the jurisdiction of the

15 Secretary of Defense. Those regulations shall—

16 ‘‘(1) specifically provide for the delivery to the

17 appropriate civil authority for trial, in any appro18 priate case, of a member accused by civil authority of

19 parental kidnapping or a similar offense, including

20 criminal contempt arising from any such offense or

21 from child custody matters; and

22 ‘‘(2) specifically address the special needs for the

23 exercise of the authority contained in this section (ar24 ticle) in a case in which a member of the armed forces
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1 assigned overseas is accused of an offense by civil au2 thority.’’.

3 (b) REPEAL OF CODIFIED PROVISIONS.—Section 721

4 of the National Defense Authorization Act, Fiscal Year 1989

5 (Public Law 100–456; 10 U.S.C. 814 note), is repealed.

6 SEC. 574. AUTHORITY TO ACCEPT VOLUNTARY LEGAL SERV7 ICES FOR MEMBERS OF THE ARMED FORCES.

8 (a) AUTHORITY.—Subsection (a) of section 1588 of

9 title 10, United States Code, is amended by adding at the

10 end the following new paragraph:

11 ‘‘(5) Voluntary legal assistance services under

12 section 1044 of this title.’’.

13 (b) APPLICABLE FEDERAL LAWS.—Subsection (d)(1)

14 of such section is amended by adding at the end the fol15 lowing new subparagraph:

16 ‘‘(E) Section 1054 of this title (relating to de17 fense of certain suits arising out of legal malpractice),

18 in the case of persons providing voluntary legal as19 sistance services under subsection (a)(5).’’.

20 Subtitle I—Other Matters

21 SEC. 581. SHIPMENT OF PRIVATELY OWNED VEHICLES

22 WHEN MAKING PERMANENT CHANGE OF STA23 TION MOVES WITHIN UNITED STATES.

24 Section 2634(h)(1) of title 10, United States Code, is

25 amended by inserting ‘‘or when the Secretary concerned de-
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1 termines that the transport of a vehicle upon such a transfer

2 is advantageous and cost-effective to the United States’’ be3 fore the period at the end.

4 SEC. 582. PAYMENT OF VEHICLE STORAGE COSTS IN AD5 VANCE.

6 Section 2634(b) of title 10, United States Code, is

7 amended by adding at the end the following new paragraph:

8 ‘‘(4) Storage costs payable under this subsection may

9 be paid in advance.’’.

10 SEC. 583. PERMANENT AUTHORITY FOR USE OF MILITARY

11 RECRUITING FUNDS FOR CERTAIN EXPENSES

12 AT DEPARTMENT OF DEFENSE RECRUITING

13 FUNCTIONS.

14 (a) REPEAL OF TERMINATION PROVISION.—Section

15 520c of title 10, United States Code, is amended by striking

16 subsection (c).

17 (b) TECHNICAL AMENDMENTS.—Subsection (a) of such

18 section is amended—

19 (1) in paragraph (4), by striking ‘‘recruiting

20 events’’ and inserting ‘‘recruiting functions’’; and

21 (2) in paragraph (5), by striking ‘‘recruiting ef22 forts’’ the first place it appears and inserting ‘‘re23 cruiting functions’’.
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1 SEC. 584. CLARIFICATION OF MILITARY RECRUITER ACCESS

2 TO SECONDARY SCHOOL DIRECTORY INFOR3 MATION ABOUT STUDENTS.

4 (a) ACCESS TO DIRECTORY INFORMATION.—Section

5 503(c)(1) of title 10, United States Code, is amended by

6 striking ‘‘purposes,’’ and all that follows and inserting the

7 following: ‘‘purposes—

8 ‘‘(A) the same access to secondary school students

9 as is provided generally to post-secondary educational

10 institutions or to prospective employers of those stu11 dents; and

12 ‘‘(B) the same access to directory information

13 concerning those students as is provided to a post-sec14 ondary educational institution upon an indication by

15 a secondary school student that the student seeks to

16 enroll or intends to enroll at that institution.’’.

17 (b) ENHANCED RECRUITER ACCESS.—Section

18 503(c)(5) of such title is amended by striking ‘‘do not apply

19 to—’’ and all that follows through ‘‘(B)’’ and inserting ‘‘do

20 not apply to’’.

21 (c) EFFECTIVE DATE.—The amendments made by sub22 sections (a) and (b) shall take effect on July 1, 2002, imme23 diately after the amendment to section 503(c) of title 10,

24 United States Code, made, effective that date, by section

25 563(a) of the Floyd D. Spence National Defense Authoriza-
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1 tion Act for Fiscal Year 2001 (as enacted into law by Public

2 Law 106–398; 114 Stat. 1654A–131).

3 SEC. 585. REPEAL OF REQUIREMENT FOR FINAL COMP4 TROLLER GENERAL REPORT RELATING TO

5 ARMY END STRENGTH ALLOCATIONS.

6 Section 552 of the National Defense Authorization Act

7 for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 319;

8 10 U.S.C. 115 note) is repealed.

9 SEC. 586. POSTHUMOUS ARMY COMMISSION IN THE GRADE

10 OF CAPTAIN IN THE CHAPLAINS CORPS TO

11 ELLA E. GIBSON FOR SERVICE AS CHAPLAIN

12 OF THE FIRST WISCONSIN HEAVY ARTILLERY

13 REGIMENT DURING THE CIVIL WAR.

14 The President is authorized and requested to post15 humously appoint Ella E. Gibson to the grade of captain

16 in the Chaplains Corps of the Army, the commission to

17 issue as of the date of her appointment as chaplain to the

18 First Wisconsin Heavy Artillery regiment during the Civil

19 War and to be considered to have been in effect during the

20 time during which she faithfully performed the services of

21 a chaplain to that regiment and for which Congress by law

22 (Private Resolution 31 of the 40th Congress, approved

23 March 3, 1869) previously provided for her to be paid the

24 full pay and emoluments of a chaplain in the United States
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1 Army as if she had been regularly commissioned and mus2 tered into service.

3 SEC. 587. NATIONAL GUARD CHALLENGE PROGRAM.

4 (a) TERMINATION OF LIMITATION ON FEDERAL EX5 PENDITURES.—Subsection (b)(2)(A) of section 509 of title

6 32, United States Code, is amended by striking ‘‘in a fiscal

7 year’’ and inserting ‘‘in fiscal year 2001 or 2002’’.

8 (b) MATCHING FUNDS REQUIREMENTS.—Subsection

9 (d) of such section is amended by striking paragraphs (1)

10 through (4) and inserting the following new paragraphs:

11 ‘‘(1) for fiscal years 2001 and 2002, 60 percent

12 of the costs of operating the State program during

13 that fiscal year; and

14 ‘‘(2) for fiscal year 2003 and each subsequent fis15 cal year, 75 percent of the costs of operating the State

16 program during that fiscal year.’’.

17 (c) REPEAL OF CONTINGENT FUNDING FOR JROTC.—

18 (1) Section 2033 of title 10, United States Code, is repealed.

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

20 102 of such title is amended by striking the item relating

21 to section 2033.

22 (3) The amendments made by this subsection shall take

23 effect on October 1, 2002.
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1 SEC. 588. PAYMENT OF FEHBP PREMIUMS FOR CERTAIN RE2 SERVISTS CALLED TO ACTIVE DUTY IN SUP3 PORT OF CONTINGENCY OPERATIONS.

4 (a) IN GENERAL.—Subsection (e) of section 8906 of

5 title 5, United States Code, is amended by adding at the

6 end the following new paragraph:

7 ‘‘(3)(A) An employing agency may pay both the em8 ployee and Government contributions, and any additional

9 administrative expenses otherwise chargeable to the em10 ployee, with respect to health care coverage for an employee

11 described in subparagraph (B) and the family of such em12 ployee.

13 ‘‘(B) An employee referred to in subparagraph (A) is

14 an employee who—

15 ‘‘(i) is enrolled in a health benefits plan under

16 this chapter;

17 ‘‘(ii) is a member of a reserve component of the

18 armed forces;

19 ‘‘(iii) is called or ordered to active duty in sup20 port of a contingency operation (as defined in section

21 101(a)(13) of title 10);

22 ‘‘(iv) is placed on leave without pay or separated

23 from service to perform active duty; and

24 ‘‘(v) serves on active duty for a period of more

25 than 30 consecutive days.
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1 ‘‘(C) Notwithstanding the one-year limitation on cov2 erage described in paragraph (1)(A), payment may be made

3 under this paragraph for a period not to exceed 18

4 months.’’.

5 (b) CONFORMING AMENDMENT.—The matter preceding

6 paragraph (1) in subsection (f) of such section is amended

7 to read as follows:

8 ‘‘(f) The Government contribution, and any additional

9 payments under subsection (e)(3)(A), for health benefits for

10 an employee shall be paid—’’.

11 (c) APPLICABILITY.—The amendments made by this

12 section apply with respect to employees called to active duty

13 on or after December 8, 1995, and an agency may make

14 retroactive payments to such employees for premiums paid

15 on or after such date.

16 SEC. 589. 18-MONTH ENLISTMENT PILOT PROGRAM.

17 (a) IN GENERAL.—(1) Chapter 333 of title 10, United

18 States Code, is amended by adding at the end the following

19 new section:

20 ‘‘§ 3264. 18-month enlistment pilot program

21 ‘‘(a) During the pilot program period, the Secretary

22 of the Army shall carry out a pilot program with the objec23 tive of increasing participation of prior service persons in

24 the Selected Reserve and providing assistance in building

25 the pool of participants in the Individual Ready Reserve.
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1 ‘‘(b) Under the program, the Secretary may, notwith2 standing section 505(c) of this title, accept persons for origi3 nal enlistment in the Army for a term of enlistment con4 sisting of 18 months service on active duty, to be followed

5 by three years of service in the Selected Reserve and then

6 service in the Individual Ready Reserve to complete the

7 military service obligation.

8 ‘‘(c) No more than 10,000 persons may be accepted for

9 enlistment in the Army through the program under this sec10 tion.

11 ‘‘(d) A person enlisting in the Army through the pro12 gram under this section is eligible for an enlistment bonus

13 under section 309 of title 37, notwithstanding the enlist14 ment time period specified in subsection (a) of that section.

15 ‘‘(e) For purposes of the program under this section,

16 the pilot program period is the period beginning on October

17 1, 2003, and ending on December 31, 2007.

18 ‘‘(f) Not later than December 31, 2007, and December

19 31, 2012, the Secretary of the Army shall submit to the

20 Committee on Armed Services of the Senate and the Com21 mittee on Armed Services of the House of Representatives

22 a report on the program under this section. In each such

23 report, the Secretary shall set forth the views of the Sec24 retary on the success of the program in meeting the objec25 tives stated in subsection (a) and whether the program
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1 should be continued and, if so, whether it should be modified

2 or expanded.’’.

3 (2) The table of sections at the beginning of such chap4 ter is amended by adding at the end the following new item:

‘‘3264. 18-month enlistment pilot program.’’.

5 (b) IMPLEMENTATION REPORT.—The Secretary of the

6 Army shall submit to the Committee on Armed Services of

7 the Senate and the Committee on Armed Services of the

8 House of Representatives a report on the Secretary’s plan

9 for implementation of section 3264 of title 10, United States

10 Code, as added by subsection (a). Such report shall be sub11 mitted not later than March 1, 2002.

12 SEC. 590. PER DIEM ALLOWANCE FOR LENGTHY OR NUMER13 OUS DEPLOYMENTS.

14 (a) FUNDING SOURCE FOR ALLOWANCE.—Section

15 436(a) of title 37, United States Code, is amended by add16 ing at the end the following new sentence: ‘‘The Secretary

17 shall pay the allowance from appropriations available for

18 operation and maintenance for the armed force in which

19 the member serves.’’.

20 (b) EXPANDED REPORT REGARDING MANAGEMENT OF

21 INDIVIDUAL MEMBER DEPLOYMENTS.—Section 574(d) of

22 the Floyd D. Spence National Defense Authorization Act

23 for Fiscal Year 2001 (as enacted by Public Law 106–398;

24 114 Stat. 1654A–138) is amended in the second sentence
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1 by striking paragraphs (1) and (2) and inserting the fol2 lowing new paragraphs:

3 ‘‘(1) a discussion of the experience in tracking

4 and recording the deployments of members of the

5 Armed Forces and the payment of the per diem allow6 ance for lengthy or numerous deployments in accord7 ance with section 436 of title 37, United States Code;

8 ‘‘(2) specific comments regarding the effect of sec9 tion 991 of title 10, United States Code, and section

10 436 of title 37, United States Code, on the readiness

11 of the Navy and Marine Corps given the deployment

12 intensive mission of these services; and

13 ‘‘(3) any recommendations for revision of section

14 991 of title 10, United States Code, or section 436 of

15 title 37, United States Code, that the Secretary con16 siders appropriate.’’.

17 SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE

18 IN GROUND COMBAT EXCLUSION POLICY.

19 Section 542(b) of the National Defense Authorization

20 Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C.

21 113 note) is amended—

22 (1) in paragraph (1)—

23 (A) by striking ‘‘not less than 90 days’’;

24 and
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1 (B) by adding at the end the following new

2 sentence: ‘‘Such a change may then be imple3 mented only after the end of a period of 60 days

4 of continuous session of Congress (excluding any

5 day on which either House of Congress is not in

6 session) following the date on which the report is

7 received.’’; and

8 (2) by adding at the end the following new para9 graph:

10 ‘‘(5) For purposes of this subsection, the continuity of

11 a session of Congress is broken only by an adjournment of

12 the Congress sine die.’’.

13 SEC. 592. REPORT ON HEALTH AND DISABILITY BENEFITS

14 FOR PRE-ACCESSION TRAINING AND EDU15 CATION PROGRAMS.

16 (a) STUDY.—The Secretary of Defense shall conduct a

17 review of the health and disability benefit programs avail18 able to recruits and officer candidates engaged in training,

19 education, or other types of programs while not yet on ac20 tive duty and to cadets and midshipmen attending the serv21 ice academies. The review shall be conducted with the par22 ticipation of the Secretaries of the military departments.

23 (b) REPORT.—Not later than March 1, 2002, the Sec24 retary shall submit to the Committee on Armed Services

25 of the Senate and the Committee on Armed Services of the
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1 House of Representatives a report on the findings of the

2 review. The report shall include the following with respect

3 to persons described in subsection (a):

4 (1) A statement of the process and detailed pro5 cedures followed by each of the Armed Forces under

6 the jurisdiction of the Secretary of a military depart7 ment to provide health care and disability benefits to

8 all such persons injured in training, education, or

9 other types of programs conducted by the Secretary of

10 a military department.

11 (2) Information on the number of total cases of

12 such persons requiring health care and disability ben13 efits and the total number of cases and average value

14 of health care and disability benefits provided under

15 the authority for each source of benefits available to

16 those persons.

17 (3) A discussion of the issues regarding health

18 and disability benefits for such persons that are en19 countered by the Secretary during the review, to in20 clude discussions with individuals who have received

21 those benefits.

22 (4) A discussion of the necessity for legislative

23 changes and specific legislative proposals needed to

24 improve the benefits provided those persons.
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1 SEC. 593. REQUIREMENT TO PROVIDE APPROPRIATE ARTI2 CLES OF CLOTHING AS A CIVILIAN UNIFORM

3 FOR CIVILIANS PARTICIPATING IN FUNERAL

4 HONOR DETAILS FOR VETERANS UPON SHOW5 ING OF FINANCIAL NEED.

6 Section 1491(d) of title 10, United States Code, is

7 amended—

8 (1) by inserting ‘‘(1)’’ before ‘‘To provide’’;

9 (2) by redesignating paragraphs (1) and (2) as

10 subparagraphs (A) and (B), respectively; and

11 (3) by adding at the end the following:

12 ‘‘(2)(A) Upon a showing of financial need and subject

13 to subparagraph (B), the Secretary of a military depart14 ment shall provide articles of clothing described in subpara15 graph (C) to an organization referred to in subsection (b)(2)

16 or to members of such an organization who participate in

17 funeral honors details. Any such showing of financial need

18 shall be made in such manner as the Secretary may require.

19 ‘‘(B) The Secretary concerned may provide articles of

20 clothing to an organization (or members of an organiza21 tion) under this paragraph only if the Secretary determines

22 that participation of that organization or its members in

23 the funeral honors mission is advantageous to the perform24 ance of that mission and meets the performance standards

25 set by the Secretary for that mission.
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1 ‘‘(C) Articles of clothing covered by subparagraph (A)

2 are articles of clothing determined by the Secretary con3 cerned to be appropriate as a civilian uniform for persons

4 participating in a funeral honors detail who are not au5 thorized to wear the uniform of any of the armed forces.’’.

6 TITLE VI—COMPENSATION AND

7 OTHER PERSONNEL BENEFITS

8 Subtitle A—Pay and Allowances

9 SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.

10 (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad11 justment to become effective during fiscal year 2002 re12 quired by section 1009 of title 37, United States Code, in

13 the rates of monthly basic pay authorized members of the

14 uniformed services shall not be made.

15 (b) INCREASE IN BASIC PAY.—Effective on January

16 1, 2002, the rates of monthly basic pay for members of the

17 uniformed services within each pay grade are as follows:

COMMISSIONED OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00

O–8 .... 7,180.20 7,415.40 7,571.10 7,614.90 7,809.30

O–7 .... 5,966.40 6,371.70 6,371.70 6,418.20 6,657.90

O–6 .... 4,422.00 4,857.90 5,176.80 5,176.80 5,196.60

O–5 .... 3,537.00 4,152.60 4,440.30 4,494.30 4,673.10

O–4 .... 3,023.70 3,681.90 3,927.60 3,982.50 4,210.50

O–3 3 2,796.60 3,170.40 3,421.80 3,698.70 3,875.70

O–2 3 2,416.20 2,751.90 3,169.50 3,276.30 3,344.10

O–1 3 2,097.60 2,183.10 2,638.50 2,638.50 2,638.50

Over 8 Over 10 Over 12 Over 14 Over 16

O–10 2 $0.00 $0.00 $0.00 $0.00 $0.00

O–9 .... 0.00 0.00 0.00 0.00 0.00
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COMMISSIONED OFFICERS 1—Continued

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–8 .... 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30

O–7 .... 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10

O–6 .... 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70

O–5 .... 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80

O–4 .... 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70

O–3 3 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50

O–2 3 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10

O–1 3 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50

Over 18 Over 20 Over 22 Over 24 Over 26

O–10 2 $0.00 11,601.90 11,659.20 11,901.30 12,324.00

O–9 .... 0.00 10,147.50 10,293.60 10,504.80 10,873.80

O–8 .... 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00

O–7 .... 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70

O–6 .... 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20

O–5 .... 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80

O–4 .... 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60

O–3 3 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50

O–2 3 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10

O–1 3 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50

1Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for commissioned officers in pay grades 0–7 through O–10 may not exceed the rate of pay for level III of the

Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of

pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Chairman or Vice Chairman of the Joint

Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force,

Commandant of the Marine Corps, or Commandant of the Coast Guard, the rate of basic pay for this

grade is $13,598.10, regardless of cumulative years of service computed under section 205 of title 37,

United States Code. 3This table does not apply to commissioned officers in pay grade O–1, O–2, or O–3 who have been

credited with over 4 years of active duty service as an enlisted member or warrant officer.

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY SERVICE

AS AN ENLISTED MEMBER OR WARRANT OFFICER

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

O–3E $0.00 $0.00 $0.00 3,698.70 3,875.70

O–2E 0.00 0.00 0.00 3,276.30 3,344.10

O–1E 0.00 0.00 0.00 2,638.50 2,818.20

Over 8 Over 10 Over 12 Over 14 Over 16

O–3E 4,070.10 4,232.40 4,441.20 4,617.00 4,717.50

O–2E 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40

O–1E 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30

Over 18 Over 20 Over 22 Over 24 Over 26

O–3E 4,855.20 4,855.20 4,855.20 4,855.20 4,855.20

O–2E 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40

O–1E 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30
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WARRANT OFFICERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 2,889.60 3,108.60 3,198.00 3,285.90 3,437.10

W–3 ... 2,638.80 2,862.00 2,862.00 2,898.90 3,017.40

W–2 ... 2,321.40 2,454.00 2,569.80 2,654.10 2,726.40

W–1 ... 2,049.90 2,217.60 2,330.10 2,402.70 2,511.90

Over 8 Over 10 Over 12 Over 14 Over 16

W–5 ... $0.00 $0.00 $0.00 $0.00 $0.00

W–4 ... 3,586.50 3,737.70 3,885.30 4,038.00 4,184.40

W–3 ... 3,152.40 3,330.90 3,439.50 3,558.30 3,693.90

W–2 ... 2,875.20 2,984.40 3,093.90 3,200.40 3,318.00

W–1 ... 2,624.70 2,737.80 2,850.00 2,963.70 3,077.10

Over 18 Over 20 Over 22 Over 24 Over 26

W–5 ... $0.00 4,965.60 5,136.00 5,307.00 5,478.60

W–4 ... 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30

W–3 ... 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90

W–2 ... 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30

W–1 ... 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10

1Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for warrant officers may not exceed the rate of pay for level V of the Executive Schedule.

ENLISTED MEMBERS 1

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–9 2 $0.00 $0.00 $0.00 $0.00 $0.00

E–8 .... 0.00 0.00 0.00 0.00 0.00

E–7 .... 1,986.90 2,169.00 2,251.50 2,332.50 2,417.40

E–6 .... 1,701.00 1,870.80 1,953.60 2,033.70 2,117.40

E–5 .... 1,561.50 1,665.30 1,745.70 1,828.50 1,912.80

E–4 .... 1,443.60 1,517.70 1,599.60 1,680.30 1,752.30

E–3 .... 1,303.50 1,385.40 1,468.50 1,468.50 1,468.50

E–2 .... 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E–1 .... 3 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

Over 8 Over 10 Over 12 Over 14 Over 16

E–9 2 $0.00 $3,423.90 3,501.30 3,599.40 3,714.60

E–8 .... 2,858.10 2,940.60 3,017.70 3,110.10 3,210.30

E–7 .... 2,562.90 2,645.10 2,726.40 2,808.00 2,892.60

E–6 .... 2,254.50 2,337.30 2,417.40 2,499.30 2,558.10

E–5 .... 2,030.10 2,110.20 2,193.30 2,193.30 2,193.30

E–4 .... 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30

E–3 .... 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50

E–2 .... 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E–1 .... 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

Over 18 Over 20 Over 22 Over 24 Over 26

E–9 2 $3,830.40 3,944.10 4,098.30 4,251.30 4,467.00

E–8 .... 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80

E–7 .... 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80

E–6 .... 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80

E–5 .... 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30

E–4 .... 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30
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ENLISTED MEMBERS 1—Continued

Years of service computed under section 205 of title 37, United States Code

Pay

Grade 2 or less Over 2 Over 3 Over 4 Over 6

E–3 .... 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50

E–2 .... 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30

E–1 .... 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50

1Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 2 Subject to the preceding footnote, while serving as Sergeant Major of the Army, Master Chief

Petty Officer of the Navy, Chief Master Sergeant of the Air Force, Sergeant Major of the Marine

Corps, or Master Chief Petty Officer of the Coast Guard, basic pay for this grade is $5,382.90, regardless of cumulative years of service computed under section 205 of title 37, United States Code. 3 In the case of members in pay grade E–1 who have served less than 4 months on active duty, the

rate of basic pay is $1,022.70.

1 SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMIS2 SIONED OFFICERS WITH PRIOR SERVICE AS

3 AN ENLISTED MEMBER OR WARRANT OFFI4 CER.

5 Section 203(d) of title 37, United States Code, is

6 amended—

7 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’;

8 (2) by striking ‘‘who is credited’’ and all that

9 follows through ‘‘and enlisted member’’ and inserting

10 ‘‘is described in paragraph (2)’’; and

11 (3) by adding at the end the following new para12 graph:

13 ‘‘(2) Paragraph (1) applies with respect to a commis14 sioned officer in pay grade O–1, O–2, or O–3 who—

15 ‘‘(A) is credited with a total of over four years’

16 active service as warrant officer or as a warrant offi17 cer and enlisted member; or
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1 ‘‘(B) earned a total of more than 1,460 points

2 credited under section 12732(a)(2) of title 10 while

3 serving as a warrant officer or enlisted member.’’.

4 SEC. 603. SUBSISTENCE ALLOWANCES.

5 (a) BASIC ALLOWANCE FOR SUBSISTENCE.—Section

6 402 of title 37, United States Code, is amended—

7 (1) in subsection (b), by adding at the end the

8 following new paragraph:

9 ‘‘(4) For purposes of implementing paragraph (2), the

10 monthly rate of basic allowance for subsistence that was in

11 effect for an enlisted member for calendar year 2001 shall

12 be deemed to be $233.’’; and

13 (2) by striking subsection (d) and inserting the

14 following new subsection:

15 ‘‘(d) SPECIAL RULE FOR ENLISTED MEMBERS WHO

16 MESS SEPARATELY.—The Secretary of Defense may pre17 scribe a basic allowance for subsistence for enlisted members

18 at a rate higher than the rate provided for in subsection

19 (b) when messing facilities of the United States are not

20 available for the members.’’.

21 (b) TERMINATION OF BAS TRANSITIONAL AUTHOR22 ITY.—Effective as of October 1, 2001, section 603(c) of the

23 Floyd D. Spence National Defense Authorization Act for

24 Fiscal Year 2001 (as enacted by Public Law 106–398; 114
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1 Stat. 1654A–145) is amended by striking ‘‘October 1, 2001’’

2 and inserting ‘‘January 1, 2002’’.

3 (c) FAMILY SUBSISTENCE SUPPLEMENTAL ALLOW4 ANCE FOR LOW-INCOME MEMBERS OF THE ARMED

5 FORCES.—Section 402a(b)(1) of title 37, United States

6 Code, is amended by inserting ‘‘with dependents’’ after ‘‘a

7 member of the armed forces’’.

8 SEC. 604. ELIGIBILITY FOR BASIC ALLOWANCE FOR HOUS9 ING WHILE BETWEEN PERMANENT DUTY STA10 TIONS.

11 (a) REPEAL OF PAY GRADE LIMITATION.—Section

12 403(i) of title 37, United States Code, is amended by strik13 ing ‘‘who is in a pay grade E–4 (4 or more years of service)

14 or above’’.

15 (b) EFFECTIVE DATE; APPLICATION.—The amendment

16 made by this section shall take effect on January 1, 2003,

17 and apply to members of the uniformed services in a travel

18 or leave status between permanent duty stations on or after

19 that date.

20 SEC. 605. UNIFORM ALLOWANCE FOR OFFICERS.

21 (a) RELATION TO INITIAL UNIFORM ALLOWANCE.—

22 Section 416(b)(1) of title 37, United States Code, is amend23 ed by striking ‘‘$200’’ and inserting ‘‘$400’’.

24 (b) EFFECTIVE DATE.—The amendment made by this

25 section shall take effect as of October 1, 2000.
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1 SEC. 606. FAMILY SEPARATION ALLOWANCE FOR CERTAIN

2 MEMBERS ELECTING TO SERVE UNACCOM3 PANIED TOUR OF DUTY.

4 (a) AVAILABILITY OF ALLOWANCE.—Section 427(c) of

5 title 37, United States Code, is amended—

6 (1) by striking ‘‘A member’’ in the first sentence

7 and inserting ‘‘(1) Except as provided in paragraph

8 (2) or (3), a member’’;

9 (2) by redesignating the second sentence as para10 graph (3); and

11 (3) by inserting after the first sentence the fol12 lowing new paragraph:

13 ‘‘(2) A member who elects to serve an unaccompanied

14 tour of duty because the movement of a dependent of the

15 member to the permanent station is denied for certified

16 medical reasons is entitled to an allowance under subsection

17 (a)(1)(A).’’.

18 (b) EFFECTIVE DATE; APPLICATION.—The amend19 ments made by this section shall take effect on January 1,

20 2002. Paragraph (2) of section 427(c) of title 37, United

21 States Code, as added by subsection (a), shall apply with

22 respect to pay periods beginning on or after that date for

23 a member of the uniformed services covered by such para24 graph regardless of the date on which the member first made

25 the election to serve an unaccompanied tour of duty.
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1 Subtitle B—Bonuses and Special

2 and Incentive Pays

3 SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

4 SPECIAL PAY AUTHORITIES FOR RESERVE

5 FORCES.

6 (a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN

7 CRITICALLY SHORT WARTIME SPECIALTIES.—Section

8 302g(f ) of title 37, United States Code, is amended by strik9 ing ‘‘December 31, 2001’’ and inserting ‘‘December 31,

10 2002’’.

11 (b) SELECTED RESERVE REENLISTMENT BONUS.—

12 Section 308b(f ) of such title is amended by striking ‘‘De13 cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.

14 (c) SELECTED RESERVE ENLISTMENT BONUS.—Sec15 tion 308c(e) of such title is amended by striking ‘‘December

16 31, 2001’’ and inserting ‘‘December 31, 2002’’.

17 (d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED

18 TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of

19 such title is amended by striking ‘‘December 31, 2001’’ and

20 inserting ‘‘December 31, 2002’’.

21 (e) SELECTED RESERVE AFFILIATION BONUS.—Sec22 tion 308e(e) of such title is amended by striking ‘‘December

23 31, 2001’’ and inserting ‘‘December 31, 2002’’.

24 (f ) READY RESERVE ENLISTMENT AND REENLIST25 MENT BONUS.—Section 308h(g) of such title is amended by
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1 striking ‘‘December 31, 2001’’ and inserting ‘‘December 31,

2 2002’’.

3 (g) PRIOR SERVICE ENLISTMENT BONUS.—Section

4 308i(f ) of such title is amended by striking ‘‘December 31,

5 2001’’ and inserting ‘‘December 31, 2002’’.

6 (h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN

7 HEALTH PROFESSIONALS WHO SERVE IN THE SELECTED

8 RESERVE.—Section 16302(d) of title 10, United States

9 Code, is amended by striking ‘‘January 1, 2002’’ and in10 serting ‘‘January 1, 2003’’.

11 SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND

12 SPECIAL PAY AUTHORITIES FOR NURSE OFFI13 CER CANDIDATES, REGISTERED NURSES, AND

14 NURSE ANESTHETISTS.

15 (a) NURSE OFFICER CANDIDATE ACCESSION PRO16 GRAM.—Section 2130a(a)(1) of title 10, United States Code,

17 is amended by striking ‘‘December 31, 2001’’ and inserting

18 ‘‘December 31, 2002’’.

19 (b) ACCESSION BONUS FOR REGISTERED NURSES.—

20 Section 302d(a)(1) of title 37, United States Code, is

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

22 ‘‘December 31, 2002’’.

23 (c) INCENTIVE SPECIAL PAY FOR NURSE ANES24 THETISTS.—Section 302e(a)(1) of title 37, United States
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1 Code, is amended by striking ‘‘December 31, 2001’’ and in2 serting ‘‘December 31, 2002’’.

3 SEC. 613. ONE-YEAR EXTENSION OF OTHER BONUS AND

4 SPECIAL PAY AUTHORITIES.

5 (a) AVIATION OFFICER RETENTION BONUS.—Section

6 301b(a) of title 37, United States Code, is amended by strik7 ing ‘‘December 31, 2001’’ and inserting ‘‘December 31,

8 2002’’.

9 (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—

10 Section 308(g) of such title is amended by striking ‘‘Decem11 ber 31, 2001’’ and inserting ‘‘December 31, 2002’’.

12 (c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Sec13 tion 309(e) of such title is amended by striking ‘‘December

14 31, 2001’’ and inserting ‘‘December 31, 2002’’.

15 (d) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS

16 EXTENDING PERIOD OF ACTIVE SERVICE.—Section 312(e)

17 of such title is amended by striking ‘‘December 31, 2001’’

18 and inserting ‘‘December 31, 2002’’.

19 (e) NUCLEAR CAREER ACCESSION BONUS.—Section

20 312b(c) of such title is amended by striking ‘‘December 31,

21 2001’’ and inserting ‘‘December 31, 2002’’.

22 (f) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—

23 Section 312c(d) of such title is amended by striking ‘‘De24 cember 31, 2001’’ and inserting ‘‘December 31, 2002’’.
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1 (g) RETENTION BONUS FOR MEMBERS WITH CRITICAL

2 MILITARY SKILLS.—Section 323(i) of such title is amended

3 by striking ‘‘December 31, 2001’’ and inserting ‘‘December

4 31, 2002’’.

5 SEC. 614. CONFORMING ACCESSION BONUS FOR DENTAL

6 OFFICERS AUTHORITY WITH AUTHORITIES

7 FOR OTHER SPECIAL PAY AND BONUSES.

8 Section 302h(a)(1) of title 37, United States Code, is

9 amended by striking ‘‘the date of the enactment of this sec10 tion, and ending on September 30, 2002’’ and inserting

11 ‘‘September 23, 1996, and ending on December 31, 2002’’.

12 SEC. 615. ADDITIONAL TYPE OF DUTY RESULTING IN ELIGI13 BILITY FOR HAZARDOUS DUTY INCENTIVE

14 PAY.

15 (a) PERFORMANCE OF MARITIME BOARD AND SEARCH

16 OPERATIONS.—Section 301(a) of title 37, United States

17 Code, is amended—

18 (1) in paragraph (10), by striking ‘‘or’’ at the

19 end;

20 (2) by redesignating paragraph (11) as para21 graph (12); and

22 (3) by inserting after paragraph (10) the fol23 lowing new paragraph:

24 ‘‘(11) involving regular participation as a mem25 ber of a team conducting visit, board, search, and sei-
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1 zure operations aboard vessels in support of maritime

2 interdiction operations; or’’.

3 (b) MONTHLY AMOUNT.—Subsection (c) of such section

4 is amended—

5 (1) in paragraph (1), by striking ‘‘(10)’’ and in6 serting ‘‘(11)’’; and

7 (2) in paragraph (2)(A), by striking ‘‘(11)’’ and

8 inserting ‘‘(12)’’.

9 (c) EFFECTIVE DATE; APPLICATION.—The amend10 ments made by this section shall take effect on January 1,

11 2002, and apply to duty described in the amendment made

12 by subsection (a)(2) on or after that date.

13 SEC. 616. EQUAL TREATMENT OF RESERVISTS PERFORMING

14 INACTIVE-DUTY TRAINING FOR RECEIPT OF

15 AVIATION CAREER INCENTIVE PAY.

16 (a) INCENTIVE PAY EQUITY FOR RESERVISTS.—Sub17 section (d) of section 301a of title 37, United States Code,

18 is amended to read as follows:

19 ‘‘(d) MEMBERS PERFORMING INACTIVE-DUTY TRAIN20 ING.—Under regulations prescribed by the President and

21 to the extent provided for by appropriations, in the case

22 of a member of a reserve component of a uniformed service,

23 or of the National Guard, who is entitled to compensation

24 under section 206 of this title, and who performs, under

25 orders, duty described in subsection (a), the member is also
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1 entitled to monthly incentive pay under subsection (b) for

2 the performance of that duty in the same manner as a mem3 ber with corresponding years of aviation service who is enti4 tled to basic pay. Such member is entitled to the incentive

5 pay for as long as the member remains qualified for it, as

6 provided in subsection (a). This subsection does not apply

7 to a member who is entitled to basic pay under section 204

8 of this title.’’.

9 (b) EFFECTIVE DATE; APPLICATION.—The amendment

10 made by this section shall take effect on January 1, 2002,

11 and apply to duty described in the amendment made by

12 subsection (a)(2) on or after that date.

13 SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUB14 MARINE DUTY INCENTIVE PAY RATES.

15 (a) AUTHORITY OF SECRETARY OF THE NAVY; MAX16 IMUM RATE.—Section 301c of title 37, United States Code,

17 is amended by striking subsection (b) and inserting the fol18 lowing new subsection:

19 ‘‘(b) MONTHLY RATES.—(1) Subject to paragraph (2),

20 a member who meets the requirements prescribed in sub21 section (a) is entitled to monthly submarine duty incentive

22 pay in an amount prescribed by the Secretary of the Navy.

23 ‘‘(2) The monthly amount of submarine duty incentive

24 pay may not exceed $1,000.’’.
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1 (b) CONFORMING AMENDMENTS.—Such section is fur2 ther amended—

3 (1) in subsection (a), by striking ‘‘set forth in’’

4 each place it appears and inserting ‘‘prescribed pur5 suant to’’; and

6 (2) in subsection (d), by striking ‘‘authorized by’’

7 and inserting ‘‘prescribed pursuant to’’.

8 (c) EFFECTIVE DATE; TRANSITION.—The amendments

9 made by this section shall take effect on January 1, 2002.

10 The tables set forth in subsection (b) of section 301c of title

11 37, United States Code, as in effect on December 31, 2001,

12 shall continue to apply until the Secretary of the Navy pre13 scribes new submarine duty incentive pay rates as author14 ized by the amendment made by subsection (a).

15 SEC. 618. IMPOSITION OF CRITICAL WARTIME SKILL RE16 QUIREMENT FOR ELIGIBILITY FOR INDI17 VIDUAL READY RESERVE BONUS.

18 Section 308h(a)(1) of title 37, United States Code, is

19 amended—

20 (1) by striking ‘‘and who’’ and inserting ‘‘, who

21 is qualified in a skill or speciality designated by the

22 Secretary concerned as critically short to meet war23 time requirements, and who’’; and

24 (2) by striking ‘‘a combat or combat support

25 skill of’’.
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1 SEC. 619. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR

2 CAREER STATUS BONUS.

3 (a) MEMBER ELECTION.—Section 322(d) of title 37,

4 United States Code, is amended—

5 (1) in paragraph (1), by striking ‘‘paid in a sin6 gle lump sum of’’ and inserting ‘‘equal to’’;

7 (2) by redesignating paragraph (2) as para8 graph (4), and in such paragraph, by striking ‘‘The

9 bonus’’ and inserting ‘‘The lump sum payment of the

10 bonus, and the first installment payment in the case

11 of members who elect to receive the bonus in install12 ments,’’; and

13 (3) by inserting after paragraph (1) the fol14 lowing new paragraphs:

15 ‘‘(2) A member electing to receive the bonus under this

16 section shall elect one of the following payment options:

17 ‘‘(A) A single lump sum of $30,000.

18 ‘‘(B) Two installments of $15,000 each.

19 ‘‘(C) Three installments of $10,000 each.

20 ‘‘(D) Four installments of $7,500 each.

21 ‘‘(E) Five installments of $6,000 each.

22 ‘‘(3) If a member elects installment payments under

23 paragraph (2), the second installment (and subsequent in24 stallments, as applicable) shall be paid on the earlier of the

25 following dates:
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1 ‘‘(A) The annual anniversary date of the pay2 ment of the first installment.

3 ‘‘(B) January 15 of each succeeding calendar

4 year.’’.

5 (c) EFFECTIVE DATE; APPLICATION.—The amend6 ments made by this section shall take effect on the date of

7 the enactment of this Act. The Secretary concerned (as de8 fined in section 101(5) of title 37, United States Code) shall

9 extend to each member of the uniformed services who has

10 executed the written agreement required by subsection (a)(2)

11 of section 322 of such title before that date, but who has

12 not received the lump sum payment by that date, an oppor13 tunity to make the election authorized by subsection (d) of

14 such section, as amended by subsection (a) of this section.

15 SEC. 620. ACCESSION BONUS FOR NEW OFFICERS.

16 (a) BONUS AUTHORIZED.—Chapter 5 of title 37,

17 United States Code, is amended by adding at the end the

18 following new section:

19 ‘‘§ 324. Special pay: accession bonus for new officers

20 ‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regula21 tions prescribed by the Secretary concerned, a person who

22 executes a written agreement to accept a commission as an

23 officer of the armed forces and serve on active duty for the

24 period specified in the agreement may, upon acceptance of

25 the agreement by the Secretary concerned, be paid an acces-
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1 sion bonus in an amount determined by the Secretary con2 cerned.

3 ‘‘(b) LIMITATION ON AMOUNT OF BONUS.—The

4 amount of an accession bonus under subsection (a) may not

5 exceed $100,000.

6 ‘‘(c) PAYMENT METHOD.—Upon acceptance of a writ7 ten agreement under subsection (a) by the Secretary con8 cerned, the total amount of the accession bonus payable

9 under the agreement becomes fixed. The agreement shall

10 specify whether the accession bonus will be paid by the Sec11 retary in a lump sum or installments.

12 ‘‘(d) RELATION TO OTHER ACCESSION BONUS AU13 THORITY.—An individual may not receive a accession

14 bonus under this section and section 302d, 302h, 302j, or

15 312b of this title for the same period of service.

16 ‘‘(e) REPAYMENT.—(1) If an individual who has en17 tered into an agreement under subsection (a) and has re18 ceived all or part of the accession bonus under the agree19 ment fails to accept a commission as an officer or to com20 mence or complete the total period of active duty service

21 specified in the agreement, the Secretary concerned may re22 quire the individual to repay the United States, on a pro

23 rata basis and to the extent that the Secretary determines

24 conditions and circumstances warrant, any or all of the

25 amount paid to the individual under the agreement.
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1 ‘‘(2) An obligation to repay the United States imposed

2 under paragraph (1) is for all purposes a debt owed to the

3 United States.

4 ‘‘(3) A discharge in bankruptcy under title 11 that is

5 entered less than five years after the termination of a writ6 ten agreement entered into under subsection (a) does not

7 discharge the individual signing the agreement from a debt

8 arising under such agreement or under paragraph (1).’’.

9 (b) CLERICAL AMENDMENT.—The table of sections at

10 the beginning of such chapter is amended by adding at the

11 end the following new item:

‘‘324. Special pay: accession bonus for new officers.’’.

12 Subtitle C—Travel and

13 Transportation Allowances

14 SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND

15 TRANSPORTATION ALLOWANCE FOR TRAVEL

16 PERFORMED UPON A CHANGE OF PERMA17 NENT STATION AND CERTAIN OTHER TRAVEL.

18 (a) ESTABLISHMENT OF RATE.—Section 404(d) of

19 title 37, United States Code, is amended by adding at the

20 end the following new paragraph:

21 ‘‘(5) The per diem rates established under paragraph

22 (2)(A) for travel performed in connection with a change of

23 permanent station or for travel described in paragraph (2)

24 or (3) of subsection (a) shall be equal to the standard per

25 diem rates established in the Federal travel regulation for
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1 travel within the continental United States of civilian em2 ployees and their dependents, unless the Secretaries con3 cerned determines that a higher rate for members is more

4 appropriate.’’.

5 (b) EFFECTIVE DATE; APPLICATION.—The amendment

6 made by this section shall take effect on January 1, 2003,

7 and apply to travel covered by such amendment that is per8 formed on or after that date by members of the uniformed

9 services and their dependents.

10 SEC. 632. PAYMENT OR REIMBURSEMENT OF TEMPORARY

11 SUBSISTENCE EXPENSES.

12 (a) INCLUSION OF OFFICERS.—Subsection (a)(2)(C) of

13 section 404a of title 37, United States Code, is amended

14 by striking ‘‘an enlisted member’’ and inserting ‘‘a mem15 ber’’.

16 (b) INCREASE IN MAXIMUM DAILY AUTHORIZED

17 RATE.—Subsection (e) of such section is amended by strik18 ing ‘‘$110’’ and inserting ‘‘$180’’.

19 (c) EFFECTIVE DATE; APPLICATION.—The amend20 ments made by this section shall take effect on January 1,

21 2002, and apply with respect to an order in connection with

22 a change of permanent station issued on or after that date.
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1 SEC. 633. INCREASED WEIGHT ALLOWANCE FOR TRANSPOR2 TATION OF BAGGAGE AND HOUSEHOLD EF3 FECTS FOR JUNIOR ENLISTED MEMBERS.

4 (a) INCREASED WEIGHT ALLOWANCES.—The table in

5 section 406(b)(1)(C) of title 37, United States Code, is

6 amended—

7 (1) by striking the two footnotes; and

8 (2) by striking the items relating to pay grade

9 E–1 through E–4 and inserting the following new

10 items:

‘‘E–4 .......................................................................................................................... 7,000 8,000

‘‘E–3 .......................................................................................................................... 5,000 8,000

‘‘E–2 .......................................................................................................................... 5,000 8,000

‘‘E–1 .......................................................................................................................... 5,000 8,000’’.

11 (b) EFFECTIVE DATE; APPLICATION.—The amend12 ments made by this section shall take effect on January 1,

13 2003, and apply with respect to an order in connection with

14 a change of temporary or permanent station issued on or

15 after that date.

16 SEC. 634. REIMBURSEMENT OF MEMBERS FOR MANDATORY

17 PET QUARANTINE FEES FOR HOUSEHOLD

18 PETS.

19 Section 406(a)(1) of title 37, United States Code, is

20 amended in the last sentence by striking ‘‘$275’’ and insert21 ing ‘‘$675’’.
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1 SEC. 635. AVAILABILITY OF DISLOCATION ALLOWANCE FOR

2 MARRIED MEMBER, WHOSE SPOUSE IS A MEM3 BER, ASSIGNED TO MILITARY FAMILY HOUS4 ING.

5 (a) ALLOWANCE AVAILABLE.—Section 407(a)(2) of

6 title 37, United States Code, is amended by adding at the

7 end the following new subparagraph:

8 ‘‘(F) A member married to another member, both

9 of whom are without other dependents, who actually

10 moves to a new permanent duty station where the

11 member is assigned to family housing provided by the

12 United States, except that only one dislocation allow13 ance may be paid to the married couple with respect

14 to the move.’’.

15 (b) EFFECTIVE DATE; APPLICATION.—The amend16 ments made by this section shall take effect on January 1,

17 2003, and apply with respect to an order to move for a

18 member of a uniformed service issued on or after that date.

19 SEC. 636. ELIMINATION OF PROHIBITION ON RECEIPT OF

20 DISLOCATION ALLOWANCE BY MEMBERS OR21 DERED TO FIRST DUTY STATION.

22 (a) ALLOWANCE AVAILABLE.—Section 407(e) of title

23 37, United States Code, is amended—

24 (1) by striking ‘‘FIRST OR LAST DUTY’’ and in25 serting ‘‘EFFECT OF ORDER FROM LAST DUTY STA26 TION’’; and
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1 (2) by striking ‘‘from the member’s home to the

2 member’s first duty station or’’.

3 (b) EFFECTIVE DATE; APPLICATION.—The amend4 ments made by this section shall take effect on January 1,

5 2003, and apply with respect to an order to move for a

6 member of a uniformed service issued on or after that date.

7 SEC. 637. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED

8 FOR HOUSING MOVES ORDERED FOR GOV9 ERNMENT CONVENIENCE.

10 (a) AUTHORIZATION OF PARTIAL DISLOCATION AL11 LOWANCE.—Section 407 of title 37, United States Code is

12 amended—

13 (1) by redesignating subsections (f) and (g) as

14 subsections (g) and (h), respectively; and

15 (2) by inserting after subsection (e) the following

16 new subsection:

17 ‘‘(f) PARTIAL DISLOCATION ALLOWANCE.—(1) Under

18 regulations prescribed by the Secretary concerned, a mem19 ber ordered to occupy or vacate family housing provided

20 by the United States to permit the privatization or renova21 tion of housing or for any other reason (other than pursuant

22 to a permanent change of station) may be paid a partial

23 dislocation allowance of $500.

24 ‘‘(2) Effective on the same date that the monthly rates

25 of basic pay for all members are increased under section
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1 1009 of this title or another provision of law, the Secretary

2 of Defense shall adjust the rate of the partial dislocation

3 allowance authorized by this subsection by the percentage

4 equal to the average percentage increase in the rates of basic

5 pay.

6 ‘‘(3) Subsections (c) and (d) do not apply to the par7 tial dislocation allowance authorized by this subsection.’’.

8 (b) EFFECTIVE DATE; APPLICATION.—The amend9 ments made by this section shall take effect on January 1,

10 2002, and apply with respect to an order to move for a

11 member of a uniformed service issued on or after that date.

12 SEC. 638. ALLOWANCES FOR TRAVEL PERFORMED IN CON13 NECTION WITH MEMBERS TAKING AUTHOR14 IZED LEAVE BETWEEN CONSECUTIVE OVER15 SEAS TOURS.

16 Section 411b(a)(1) of title 37, United States Code, is

17 amended by striking ‘‘, or his designee, or to a place no

18 farther distant than his home of record’’.

19 SEC. 639. FUNDED STUDENT TRAVEL AS PART OF SCHOOL20 SPONSORED EXCHANGE PROGRAMS.

21 (a) RECOGNITION OF TEMPORARY EXCHANGE PRO22 GRAMS.—Section 430 of title 37, United States Code, is

23 amended—

24 (1) in subsection (a)(3), by inserting before the

25 comma at the end the following: ‘‘or is attending a
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1 school outside the continental United States, if the de2 pendent is attending the school outside the continental

3 United States for less than one year under a program

4 approved by the school in the continental United

5 States at which the dependent is enrolled’’; and

6 (2) in subsection (b)(1), by striking ‘‘in the con7 tinental United States for the purpose of obtaining a

8 formal education’’ in the first sentence and inserting

9 ‘‘described in subsection (a)(3)’’.

10 (b) LIMITATION ON AMOUNT OF ALLOWANCE.—Sub11 section (b) of such section is amended by adding at the end

12 the following new paragraph:

13 ‘‘(3) The transportation allowance under paragraph

14 (1) for a dependent child who is attending a school outside

15 the continental United States for less than one year under

16 a program approved by the school in the continental United

17 States at which the dependent is enrolled shall not exceed

18 the allowance the member would be paid for a trip between

19 the school in the continental United States and the mem20 ber’s duty station outside the continental United States and

21 return.’’.

22 (c) EFFECTIVE DATE.—The amendments made by this

23 section shall take effect on January 1, 2002.
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1 Subtitle D—Retirement and

2 Survivor Benefit Matters

3 SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RE4 CEIPT OF MILITARY RETIRED PAY AND VET5 ERANS’ DISABILITY COMPENSATION.

6 (a) RESTORATION OF RETIRED PAY BENEFITS.—

7 Chapter 71 of title 10, United States Code, is amended by

8 adding at the end the following new section:

9 ‘‘§ 1414. Members eligible for retired pay who have

10 service-connected disabilities: payment of

11 retired pay and veterans’ disability com12 pensation; contingent authority

13 ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM14 PENSATION.—Subject to subsection (b), a member or former

15 member of the uniformed services who is entitled to retired

16 pay (other than as specified in subsection (c)) and who is

17 also entitled to veterans’ disability compensation is entitled

18 to be paid both without regard to sections 5304 and 5305

19 of title 38, subject to the enactment of qualifying offsetting

20 legislation as specified in subsection (f).

21 ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIR22 EES.—The retired pay of a member retired under chapter

23 61 of this title with 20 years or more of service otherwise

24 creditable under section 1405 of this title at the time of the

25 member’s retirement is subject to reduction under sections
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1 5304 and 5305 of title 38, but only to the extent that the

2 amount of the member’s retired pay under chapter 61 of

3 this title exceeds the amount of retired pay to which the

4 member would have been entitled under any other provision

5 of law based upon the member’s service in the uniformed

6 services if the member had not been retired under chapter

7 61 of this title.

8 ‘‘(c) EXCEPTION.—Subsection (a) does not apply to a

9 member retired under chapter 61 of this title with less than

10 20 years of service otherwise creditable under section 1405

11 of this title at the time of the member’s retirement.

12 ‘‘(d) DEFINITIONS.—In this section:

13 ‘‘(1) The term ‘retired pay’ includes retainer

14 pay, emergency officers’ retirement pay, and naval

15 pension.

16 ‘‘(2) The term ‘veterans’ disability compensation’

17 has the meaning given the term ‘compensation’ in sec18 tion 101(12) of title 38.

19 ‘‘(e) EFFECTIVE DATE.—If qualifying offsetting legis20 lation (as defined in subsection (f)) is enacted, the provi21 sions of subsection (a) shall take effect on—

22 ‘‘(1) the first day of the first month beginning

23 after the date of the enactment of such qualifying off24 setting legislation; or
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1 ‘‘(2) the first day of the fiscal year that begins

2 in the calendar year in which such legislation is en3 acted, if that date is later than the date specified in

4 paragraph (1).

5 ‘‘(f) EFFECTIVENESS CONTINGENT ON ENACTMENT OF

6 OFFSETTING LEGISLATION.—(1) The provisions of sub7 section (a) shall be effective only if—

8 ‘‘(A) the President, in the budget for any fiscal

9 year, proposes the enactment of legislation that, if en10 acted, would be qualifying offsetting legislation; and

11 ‘‘(B) after that budget is submitted to Congress,

12 there is enacted qualifying offsetting legislation.

13 ‘‘(2) For purposes of this subsection:

14 ‘‘(A) The term ‘qualifying offsetting legislation’

15 means legislation (other than an appropriations Act)

16 that includes provisions that—

17 ‘‘(i) offset fully the increased outlays to be

18 made by reason of the provisions of subsection

19 (a) for each of the first 10 fiscal years beginning

20 after the date of the enactment of such legisla21 tion;

22 ‘‘(ii) expressly state that they are enacted

23 for the purpose of the offset described in clause

24 (i); and
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1 ‘‘(iii) are included in full on the PayGo

2 scorecard.

3 ‘‘(B) The term ‘PayGo scorecard’ means the esti4 mates that are made by the Director of the Congres5 sional Budget Office and the Director of the Office of

6 Management and Budget under section 252(d) of the

7 Balanced Budget and Emergency Deficit Control Act

8 of 1985 (2 U.S.C. 902(d)) with respect to the ten fis9 cal years following the date of the enactment of the

10 legislation that is qualifying offsetting legislation for

11 purposes of this section.’’.

12 (b) CONFORMING TERMINATION OF SPECIAL COM13 PENSATION PROGRAM.—Section 1413(a) of such title is

14 amended by adding at the end the following new sentence:

15 ‘‘If the provisions of subsection (a) of section 1414 of this

16 title become effective in accordance with subsection (f) of

17 that section, payments under this section shall be termi18 nated effective as of the month beginning on the effective

19 date specified in subsection (e) of that section.’’.

20 (c) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of such chapter is amended by adding at the

22 end the following new item:

‘‘1414. Members eligible for retired pay who have service-connected disabilities:

payment of retired pay and veterans’ disability compensation;

contingent authority.’’.

23 (d) PROHIBITION OF RETROACTIVE BENEFITS.—If the

24 provisions of subsection (a) of section 1414 of title 10,
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1 United States Code, becomes effective in accordance with

2 subsection (f) of that section, no benefit may be paid to any

3 person by reason of those provisions for any period before

4 the effective date specified in subsection (e) of that section.

5 Subtitle E—Other Matters

6 SEC. 651. FUNERAL HONORS DUTY ALLOWANCE FOR RE7 TIRED MEMBERS.

8 (a) ALLOWANCE AUTHORIZED.—Subsection (a) of sec9 tion 435 of title 37, United States Code, is amended—

10 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

11 and

12 (2) by adding at the end the following new para13 graph:

14 ‘‘(2) The Secretary concerned may also authorize pay15 ment of an allowance under this section to a retired member

16 of the armed forces who performs at least two hours of duty

17 preparing for or performing honors at the funeral of a vet18 eran.’’.

19 (b) RELATION TO OTHER COMPENSATION.—Such sec20 tion is further amended by adding at the end the following

21 new subsection:

22 ‘‘(c) CONCURRENT PAYMENT.—Notwithstanding any

23 other provision of law, the allowance paid to a retired mem24 ber of the armed forces under this section shall be in addi-
224

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1 tion to any other compensation to which the retired member

2 may be entitled under this title or titles 10 or 38.’’.

3 TITLE VII—HEALTH CARE

4 PROVISIONS

5 Subtitle A—TRICARE Program

6 SEC. 701. IMPLEMENTING COST-EFFECTIVE PAYMENT

7 RATES UNDER THE TRICARE PROGRAM.

8 Not later than January 1, 2002, the Secretary of De9 fense shall, with respect to categories of health care pro10 viders or services for which the Secretary has not already

11 done so and to the extent that the Secretary determines is

12 practicable—

13 (1) implement the payment rates used under

14 medicare, or similar rates based on medicare pay15 ment methods, to pay for health care services provided

16 by institutional and noninstitutional providers under

17 the TRICARE program; and

18 (2) as a condition of participation in the

19 TRICARE program, prohibit balance billing of cov20 ered beneficiaries by institutional providers and limit

21 balance billing by noninstitutional providers (subject

22 to any exceptions the Secretary determines appro23 priate) consistent with the limiting charge percentage

24 under medicare.
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1 SEC. 702. WAIVER OF NONAVAILABILITY STATEMENT OR

2 PREAUTHORIZATION REQUIREMENT.

3 (a) IN GENERAL.—Section 721 of the Floyd D. Spence

4 National Defense Authorization Act for Fiscal Year 2001

5 (as enacted in Public Law 106–398; 114 Stat. 1654A–184)

6 is amended—

7 (1) in the matter preceding paragraph (1) in

8 subsection (a), by striking ‘‘new’’;

9 (2) by striking subsection (c) and inserting the

10 following:

11 ‘‘(c) EXCEPTIONS.—(1) Subject to paragraph (2), the

12 Secretary may provide that subsection (a) shall not apply

13 for a period of up to one year if—

14 ‘‘(A) the Secretary—

15 ‘‘(i) demonstrates significant costs would be

16 avoided by performing specific procedures at the

17 affected military medical treatment facility or

18 facilities;

19 ‘‘(ii) determines that a specific procedure

20 must be provided at the affected military med21 ical treatment facility or facilities to ensure the

22 proficiency levels of the practitioners at the facil23 ity or facilities; or

24 ‘‘(iii) determines that the lack of nonavail25 ability statement data would significantly inter26 fere with TRICARE contract administration;
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1 ‘‘(B) the Secretary provides notification of the

2 Secretary’s intent to make an exception under this

3 subsection to covered beneficiaries who receive care at

4 the military medical treatment facility or facilities

5 that will be affected by the decision to make an excep6 tion under this subsection;

7 ‘‘(C) the Secretary provides notification to the

8 Committees on Armed Services of the House of Rep9 resentatives and the Senate of the Secretary’s intent

10 to make an exception under this subsection, the reason

11 for making an exception, and the date that a non12 availability statement will be required; and

13 ‘‘(D) 60 days have elapsed since the date of the

14 notification described in subparagraph (C).

15 ‘‘(2)(A) Except as provided in subparagraph (B), the

16 Secretary may make an exception under this subsection

17 with respect to—

18 ‘‘(i) one or more services performed at a military

19 medical treatment facility or facilities; or

20 ‘‘(ii) one or more services performed in a

21 TRICARE region.

22 ‘‘(B) With respect to maternity care, the Secretary

23 may make an exception under this subsection with respect

24 to a military medical treatment facility.
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1 ‘‘(3) In the case of health care provided in conjunction

2 with a graduate medical education program, the period of

3 nonapplicability described in paragraph (1) shall be, in4 stead of one year, the period for which a residency review

5 committee has approved the program.’’; and

6 (3) in subsection (d), by striking ‘‘October 1,

7 2001’’ and inserting ‘‘two years after the date of the

8 enactment of the National Defense Authorization Act

9 for Fiscal Year 2002’’.

10 (b) REPORT.—Not later than March 1, 2002, the Sec11 retary of Defense shall submit to the Committees on Armed

12 Services of the House of Representatives and the Senate a

13 report on the Secretary’s plans for implementing such sec14 tion.

15 SEC. 703. IMPROVEMENTS IN ADMINISTRATION OF THE

16 TRICARE PROGRAM.

17 (a) EXPANSION OF TRICARE PROGRAM.—Section

18 1072(7) of title 10, United States Code, is amended by strik19 ing ‘‘the competitive selection of contractors to financially

20 underwrite’’.

21 (b) REDUCTION OF CONTRACT START-UP TIME.—Sec22 tion 1095c(b) of such title is amended—

23 (1) in paragraph (1)—

24 (A) by striking ‘‘The’’ and inserting ‘‘Ex25 cept as provided in paragraph (3), the’’; and
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1 (B) by striking ‘‘contract.’’ and all that fol2 lows through ‘‘as soon as practicable after the

3 award of the’’; and

4 (2) by adding at the end the following new para5 graph:

6 ‘‘(3) The Secretary may reduce the nine-month start7 up period required under paragraph (1) if—

8 ‘‘(A) the Secretary—

9 ‘‘(i) determines that a shorter period is suf10 ficient to ensure effective implementation of all

11 contract requirements; and

12 ‘‘(ii) submits notification to the Committees

13 on Armed Services of the House of Representa14 tives and the Senate of the Secretary’s intent to

15 reduce the nine-month start-up period; and

16 ‘‘(B) 60 days have elapsed since the date of such

17 notification.’’.

18 SEC. 704. SUB-ACUTE AND LONG-TERM CARE PROGRAM RE19 FORM.

20 (a) IN GENERAL.—(1) Chapter 55 of title 10, United

21 States Code, is amended by inserting after section 1074i

22 the following new section:

23 ‘‘§ 1074j. Sub-acute care program

24 ‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall

25 establish an effective, efficient, and integrated sub-acute
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1 care benefits program under this chapter (hereinafter re2 ferred to in this section as the ‘program’). Except as other3 wise provided in this section, the types of health care au4 thorized under the program shall be the same as those pro5 vided under section 1079 of this title. The Secretary, after

6 consultation with the other administering Secretaries, shall

7 promulgate regulations to carry out this section.

8 ‘‘(b) BENEFITS.—(1) The program shall include a uni9 form skilled nursing facility benefit that shall be provided

10 in the manner and under the conditions described in section

11 1861(h) and (i) of the Social Security Act (42 U.S.C.

12 1395x(h) and (i)), except that the limitation on the number

13 of days of coverage under section 1812(a) and (b) of such

14 Act (42 U.S.C. 1395d(a) and (b)) shall not be applicable

15 under the program. Skilled nursing facility care for each

16 spell of illness shall continue to be provided for as long as

17 medically necessary and appropriate.

18 ‘‘(2) In this subsection:

19 ‘‘(A) The term ‘skilled nursing facility’ has the

20 meaning given such term in section 1819(a) of the

21 Social Security Act (42 U.S.C. 1395i–3(a)).

22 ‘‘(B) The term ‘spell of illness’ has the meaning

23 given such term in section 1861(a) of such Act (42

24 U.S.C. 1395x(a)).
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1 ‘‘(3) The program shall include a comprehensive, inter2 mittent home health care benefit that shall be provided in

3 the manner and under the conditions described in section

4 1861(m) of the Social Security Act (42 U.S.C. 1395x(m)).’’.

5 (2) The table of sections at the beginning of such chap6 ter is amended by inserting after the item relating to section

7 1074i the following new item:

‘‘1074j. Sub-acute care program.’’.

8 (b) EXTENDED BENEFITS FOR CERTAIN DEPEND9 ENTS.—Section 1079 of such title is amended by striking

10 subsections (d), (e), and (f) and inserting the following new

11 subsections:

12 ‘‘(d)(1) The Secretary of Defense shall establish a pro13 gram to provide extended benefits for eligible dependents,

14 which may include the provision of comprehensive health

15 care services, including case management services, to assist

16 in the reduction of the disabling effects of a qualifying con17 dition of an eligible dependent. Registration shall be re18 quired to receive the extended benefits.

19 ‘‘(2) The Secretary of Defense, after consultation with

20 the other administering Secretaries, shall promulgate regu21 lations to carry out this subsection.

22 ‘‘(3) In this subsection:

23 ‘‘(A) The term ‘eligible dependent’ means a de24 pendent of a member of the uniformed services on ac25 tive duty for a period of more than 30 days, as de-
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1 scribed in subparagraph (A), (D), or (I) of section

2 1072(2) of this title, who has a qualifying condition.

3 ‘‘(B) The term ‘qualifying condition’ means the

4 condition of a dependent who is moderately or se5 verely mentally retarded, has a serious physical dis6 ability, or has an extraordinary physical or psycho7 logical condition.

8 ‘‘(e) Extended benefits for eligible dependents under

9 subsection (d) may include comprehensive health care serv10 ices with respect to the qualifying condition of such a de11 pendent, and include, to the extent such benefits are not

12 provided under provisions of this chapter other than under

13 this section, the following:

14 ‘‘(1) Diagnosis.

15 ‘‘(2) Inpatient, outpatient, and comprehensive

16 home health care supplies and services.

17 ‘‘(3) Training, rehabilitation, and special edu18 cation.

19 ‘‘(4) Institutional care in private nonprofit, pub20 lic, and State institutions and facilities and, if ap21 propriate, transportation to and from such institu22 tions and facilities.

23 ‘‘(5) Custodial care, notwithstanding the prohibi24 tion in section 1077(b)(1) of this title.
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1 ‘‘(6) Respite care for the primary caregiver of

2 the eligible dependent.

3 ‘‘(7) Such other services and supplies as deter4 mined appropriate by the Secretary, notwithstanding

5 the limitations in subsection (a)(13).

6 ‘‘(f) Members shall be required to share in the cost of

7 any benefits provided to their dependents under subsection

8 (d) as follows:

9 ‘‘(1) Members in the lowest enlisted pay grade

10 shall be required to pay the first $25 incurred each

11 month, and members in the highest commissioned pay

12 grade shall be required to pay the first $250 incurred

13 each month. The amounts to be paid by members in

14 all other pay grades shall be determined under regula15 tions to be prescribed by the Secretary of Defense in

16 consultation with the administering Secretaries.

17 ‘‘(2) A member who has more than one depend18 ent incurring expenses in a given month under a

19 plan covered by subsection (d) shall not be required

20 to pay an amount greater than would be required if

21 the member had only one such dependent.’’.

22 (c) DEFINITIONS OF CUSTODIAL CARE AND DOMI23 CILIARY CARE.—Section 1072 of title 10, United States

24 Code, is amended by adding at the end the following new

25 paragraphs:
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1 ‘‘(8) The term ‘custodial care’ means treatment

2 or services, regardless of who recommends such treat3 ment or services or where such treatment or services

4 are provided, that—

5 ‘‘(A) can be rendered safely and reasonably

6 by a person who is not medically skilled; or

7 ‘‘(B) is or are designed mainly to help the

8 patient with the activities of daily living.

9 ‘‘(9) The term ‘domiciliary care’ means care pro10 vided to a patient in an institution or homelike envi11 ronment because—

12 ‘‘(A) providing support for the activities of

13 daily living in the home is not available or is

14 unsuitable; or

15 ‘‘(B) members of the patient’s family are

16 unwilling to provide the care.’’.

17 (d) CONFORMING AMENDMENT.—Section 1079 of title

18 10, United States Code, is amended in subsection (a) by

19 striking paragraph (17).

20 (e) CONTINUATION OF INDIVIDUAL CASE MANAGEMENT

21 SERVICES FOR CERTAIN ELIGIBLE BENEFICIARIES.—(1)

22 Notwithstanding the termination of the Individual Case

23 Management Program by subsection (d), the Secretary of

24 Defense shall, in any case in which the Secretary makes

25 the determination described in paragraph (2), continue to
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1 provide payment as if such program were in effect for home

2 health care or custodial care services provided to an eligible

3 beneficiary that would otherwise be excluded from coverage

4 under regulations implementing chapter 55 of title 10,

5 United States Code.

6 (2) The determination referred to in paragraph (1) is

7 a determination that discontinuation of payment for serv8 ices not otherwise provided under such chapter would result

9 in the provision of services inadequate to meet the needs

10 of the eligible beneficiary and would be unjust to such bene11 ficiary.

12 (3) For purposes of this subsection, ‘‘eligible bene13 ficiary’’ means a covered beneficiary (as that term is de14 fined in section 1072 of title 10, United States Code) who,

15 before the effective date of this section, was provided custo16 dial care services under the Individual Case Management

17 Program for which the Secretary provided payment.

18 (f) REPORT ON INITIATIVES REGARDING LONG-TERM

19 CARE.—The Secretary of Defense shall, not later than April

20 1, 2002, submit to Congress a report on the feasibility and

21 desirability of establishing new initiatives, taking into ac22 count chapter 90 of title 5, United States Code, to improve

23 the availability of long-term care for members and retired

24 members of the uniformed services and their families.
235

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1 (g) REFERENCE IN TITLE 10 TO LONG-TERM CARE

2 PROGRAM IN TITLE 5.—(1) Chapter 55 of title 10, United

3 States Code, is amended by inserting after section 1074j

4 (as added by subsection (a)) the following new section:

5 ‘‘§ 1074k. Long-term care insurance

6 ‘‘Provisions regarding long-term care insurance for

7 members and certain former members of the uniformed serv8 ices and their families are set forth in chapter 90 of title

9 5.’’.

10 (2) The table of sections at the beginning of such chap11 ter is amended by inserting after the item relating to section

12 1074j (as added by subsection (a)) the following new item:

‘‘1074k. Long-term care insurance.’’.

13 (h) EFFECTIVE DATE.—This section, and the amend14 ments made by this section, shall take effect on October 1,

15 2001.

16 SEC. 705. REIMBURSEMENT OF TRAVEL EXPENSES OF A

17 PARENT, GUARDIAN, OR RESPONSIBLE FAM18 ILY MEMBER OF A MINOR COVERED BENE19 FICIARY.

20 Section 1074i of title 10, United States Code, is

21 amended by adding at the end the following new sentence:

22 ‘‘In any case in which reimbursement of travel expenses of

23 a covered beneficiary who is a minor and dependent is re24 quired under this section, the Secretary also shall provide

25 reimbursement for reasonable travel expenses of the parent
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1 or guardian of, or the family member responsible for, such

2 covered beneficiary.’’.

3 Subtitle B—Other Matters

4 SEC. 711. PROHIBITION AGAINST REQUIRING MILITARY RE5 TIREES TO RECEIVE HEALTH CARE SOLELY

6 THROUGH THE DEPARTMENT OF DEFENSE.

7 No provision of law (whether enacted before or after

8 this Act) may be construed as authorizing the Secretary of

9 Defense to take any action that would require, or have the

10 effect of requiring, a member or former member of the

11 Armed Forces who is entitled to retired or retainer pay to

12 enroll to receive health care from the Federal Government

13 only through the Department of Defense. This section may

14 not be superseded by a subsequent Act unless that Act—

15 (1) specifically refers to this section; and

16 (2) specifically states that such provision of law

17 supersedes the provisions of this section.

18 SEC. 712. TRAUMA AND MEDICAL CARE PILOT PROGRAM.

19 (a) REQUIREMENT TO CONDUCT PILOT PROGRAM.—

20 The Secretary of Defense shall conduct a pilot program

21 under which the Brooke Army Medical Center and the

22 Wilford Hall Air Force Medical Center in San Antonio,

23 Texas, may charge civilians who are not covered bene24 ficiaries under chapter 55 of title 10, United States Code,

25 fees representing the actual costs of trauma and other med-
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1 ical care provided to such civilians using private sector

2 itemized rates.

3 (b) USE OF FEES COLLECTED.—(1) The Brooke Army

4 Medical Center and the Wilford Hall Air Force Medical

5 Center may use the amounts collected under the pilot pro6 gram for—

7 (A) trauma consortium activities;

8 (B) administrative, operating, and equipment

9 costs; and

10 (C) readiness training.

11 (2) The operating budgets of those medical centers shall

12 not be reduced as a result of fees collected under the pilot

13 program.

14 (c) EFFICIENT PRACTICES.—Under the pilot program,

15 the commander of the Brooke Army Medical Center or

16 Wilford Hall Air Force Medical Center may authorize the

17 use of funds appropriated to the Department of Defense for

18 medical care for trauma and other medical care provided

19 at such center to civilians described in subsection (a).

20 (d) LENGTH OF PILOT PROGRAM.—The pilot program

21 under this section shall commence on October 1, 2001, and

22 be conducted for a period of three years.

23 (e) REPORTS.—The Secretary of Defense shall submit

24 to Congress not later than October 1st of each of 2002
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1 through 2004 a report describing the progress and effective2 ness of the pilot program carried out under this section.

3 SEC. 713. ENHANCEMENT OF MEDICAL PRODUCT DEVELOP4 MENT.

5 Section 980 of title 10, United States Code, is

6 amended—

7 (1) by inserting ‘‘(a)’’ before ‘‘Funds’’; and

8 (2) by adding at the end the following new sub9 section:

10 ‘‘(b) The Secretary of Defense may waive the prohibi11 tion in this section with respect to a specific research project

12 to advance the development of a medical product necessary

13 to the armed forces if the research project is carried out

14 in accordance with all other applicable laws.’’.

15 SEC. 714. REPEAL OF OBSOLETE REPORT REQUIREMENT.

16 Section 701 of the National Defense Authorization Act

17 for Fiscal Year 2000 (Public Law 106–65; 10 U.S.C. 1074g

18 note) is amended by striking subsection (d).

19 SEC. 715. CLARIFICATIONS AND IMPROVEMENTS REGARD20 ING THE DEPARTMENT OF DEFENSE MEDI21 CARE-ELIGIBLE RETIREE HEALTH CARE

22 FUND.

23 (a) CLARIFICATION REGARDING COVERAGE.—Sub24 section (b) of section 1111 of title 10, United States Code,

25 is amended to read as follows:
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1 ‘‘(b) In this chapter:

2 ‘‘(1) The term ‘Department of Defense retiree

3 health care programs’ means the provisions of this

4 title or any other provision of law creating an entitle5 ment to or eligibility for health care under a Depart6 ment of Defense or uniformed service program for a

7 member or former member of a participating uni8 formed service who is entitled to retired or retainer

9 pay, and an eligible dependent under such program.

10 ‘‘(2) The term ‘eligible dependent’ means a de11 pendent (as such term is defined in section 1072(2)

12 of this title) described in section 1076(a)(2) (other

13 than a dependent of a member on active duty),

14 1076(b), 1086(c)(2), or 1086(c)(3).

15 ‘‘(3) The term ‘medicare-eligible’, with respect to

16 any person, means entitled to benefits under part A

17 of title XVIII of the Social Security Act (42 U.S.C.

18 1395c et seq.).

19 ‘‘(4) The term ‘participating uniformed service’

20 means the Army, Navy, Air Force, and Marine Corps,

21 and any other uniformed service that is covered by an

22 agreement entered into under subsection (c).’’.

23 (b) PARTICIPATION OF OTHER UNIFORMED SERV24 ICES.—(1) Section 1111 of such title is further amended

25 by adding at the end the following new subsection:
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1 ‘‘(c) The Secretary of Defense may enter into an agree2 ment with any other administering Secretary (as defined

3 in section 1072(3)) for participation in the Fund by a uni4 formed service under the jurisdiction of that Secretary. Any

5 such agreement shall require that Secretary to make con6 tributions to the Fund on behalf of the members of the uni7 formed service under the jurisdiction of that Secretary com8 parable to the contributions to the Fund made by the Sec9 retary of Defense under section 1116, and such admin10 istering Secretary may make such contributions.’’.

11 (2) Section 1112 of such title is amended by adding

12 at the end the following new paragraph:

13 ‘‘(4) Amounts paid into the Fund pursuant to section

14 1111(c).’’.

15 (3) Section 1115 of such title is amended—

16 (A) in subsection (a), by inserting ‘‘partici17 pating’’ before ‘‘uniformed services’’;

18 (B) in subparagraphs (A)(ii) and (B)(ii) of sub19 section (b)(1), by inserting ‘‘under the jurisdiction of

20 the Secretary of Defense’’ after ‘‘uniformed services’’;

21 (C) in subsection (b)(2), by inserting ‘‘(or to the

22 other executive department having jurisdiction over

23 the participating uniformed service)’’ after ‘‘Depart24 ment of Defense’’; and
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1 (D) in subparagraphs (A) and (B) of subsection

2 (c)(1), by inserting ‘‘participating’’ before ‘‘uniformed

3 services’’.

4 (4) Section 1116(a) of such title is amended in para5 graphs (1)(B) and (2)(B) by inserting ‘‘under the jurisdic6 tion of the Secretary of Defense’’ after ‘‘uniformed services’’.

7 (c) CLARIFICATION OF PAYMENTS FROM THE FUND.—

8 (1) Subsection (a) of section 1113 of such title is amended

9 to read as follows:

10 ‘‘(a) There shall be paid from the Fund amounts pay11 able for the costs of all Department of Defense retiree health

12 care programs for the benefit of members or former members

13 of a participating uniformed service who are entitled to re14 tired or retainer pay and are medicare eligible, and eligible

15 dependents described in section 1111(b)(3) who are medi16 care eligible.’’.

17 (2) Such section is further amended by adding at the

18 end the following new subsections:

19 ‘‘(c)(1) In carrying out subsection (a), the Secretary

20 of Defense may transfer periodically from the Fund to ap21 plicable appropriations of the Department of Defense, or

22 to applicable appropriations of other departments or agen23 cies, such amounts as the Secretary determines necessary

24 to cover the costs chargeable to those appropriations for De25 partment of Defense retiree health care programs for bene-
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1 ficiaries under those programs who are medicare-eligible.

2 Such transfers may include amounts necessary for the ad3 ministration of such programs. Amounts so transferred

4 shall be merged with and be available for the same purposes

5 and for the same time period as the appropriation to which

6 transferred. Upon a determination that all or part of the

7 funds transferred from the Fund are not necessary for the

8 purposes for which transferred, such amounts may be trans9 ferred back to the Fund. This transfer authority is in addi10 tion to any other transfer authority that may be available

11 to the Secretary.

12 ‘‘(2) A transfer from the Fund under paragraph (1)

13 may not be made to an appropriation after the end of the

14 second fiscal year after the fiscal year that the appropria15 tion is available for obligation. A transfer back to the Fund

16 under paragraph (1) may not be made after the end of the

17 second fiscal year after the fiscal year that the appropria18 tion to which the funds were originally transferred is avail19 able for obligation.

20 ‘‘(d) The Secretary of Defense shall by regulation es21 tablish the method or methods for calculating amounts to

22 be transferred under subsection (c). Such method or methods

23 may be based (in whole or in part) on a proportionate share

24 of the volume (measured as the Secretary determines appro25 priate) of health care services provided or paid for under
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1 Department of Defense retiree health care programs for

2 beneficiaries under those programs who are medicare-eligi3 ble in relation to the total volume of health care services

4 provided or paid for under Department of Defense health

5 care programs.

6 ‘‘(e) The regulations issued by the Secretary under sub7 section (d) shall be provided to the Comptroller General not

8 less than 60 days before such regulations become effective.

9 The Comptroller General shall, not later than 30 days after

10 receiving such regulations, report to the Secretary of De11 fense and Congress on the adequacy and appropriateness

12 of the regulations.

13 ‘‘(f) If the Secretary of Defense enters into an agree14 ment with another administering Secretary pursuant to

15 section 1111(c), the Secretary of Defense may take actions

16 comparable to those described in subsections (c), (d), and

17 (e) to effect comparable activities in relation to the bene18 ficiaries and programs of the other participating uniformed

19 service.’’.

20 (d) SOURCE OF FUNDS FOR MONTHLY ACCRUAL PAY21 MENTS INTO THE FUND.—Section 1116 of such title is fur22 ther amended—

23 (1) in subsection (a)(2)(B) (as amended by sub24 section (b)(7)), by striking the sentence beginning

25 ‘‘Amounts paid into’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(c) Amounts paid into the Fund under subsection (a)

4 shall be paid from funds available for the health care pro5 grams of the participating uniformed services under the ju6 risdiction of the respective administering Secretaries.’’.

7 (e) LIMITATION ON TOTAL AMOUNT CONTRIBUTED

8 DURING A FISCAL YEAR.—Section 1116 of such title is fur9 ther amended by adding at the end the following new sub10 section:

11 ‘‘(d) In no case may the total amount of monthly con12 tributions to the Fund during a fiscal year under subsection

13 (a) exceed the amount paid from the Fund during such fis14 cal year under section 1113.’’.

15 (f) TECHNICAL AMENDMENTS.—(1) The heading for

16 section 1111 of such title is amended to read as follows:

17 ‘‘§ 1111. Establishment and purpose of Fund; defini18 tions; authority to enter into agreements’’.

19 (2) The item relating to section 1111 in the table of

20 sections at the beginning of chapter 56 of such title is

21 amended to read as follows:

‘‘1111. Establishment and purpose of Fund; definitions; authority to enter into

agreements.’’.

22 (3) Section 1115(c)(1)(B) of such title is amended by

23 inserting an open parenthesis before ‘‘other than for train24 ing)’’.
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1 (g) EFFECTIVE DATE.—The amendments made by this

2 section shall take effect as if included in the enactment of

3 chapter 56 of title 10, United States Code, by section

4 713(a)(1) of the Floyd D. Spence National Defense Author5 ization Act for Fiscal Year 2001 (Public Law 106–398; 114

6 Stat. 1654A–179).

7 (h) FIRST YEAR CONTRIBUTIONS.—With respect to

8 contributions under section 1116(a) of title 10, United

9 States Code, for the first year that the Department of De10 fense Medicare-Eligible Retiree Health Care Fund is estab11 lished under chapter 56 of such title, if the Board of Actu12 aries is unable to execute its responsibilities with respect

13 to such section, the Secretary of Defense may make con14 tributions under such section using methods and assump15 tions developed by the Secretary.

16 TITLE VIII—ACQUISITION POL17 ICY, ACQUISITION MANAGE18 MENT, AND RELATED MAT19 TERS

20 Subtitle A—Acquisition Policy and

21 Management

22 SEC. 801. ACQUISITION MILESTONES.

23 (a) TITLE 10, U.S.C.—Title 10, United States Code,

24 is amended—
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1 (1) in section 2366(c), subsections (b)(3)(A),

2 (c)(3)(A), and (h)(1) of section 2432, and section

3 2434(a), by striking ‘‘engineering and manufacturing

4 development’’ each place such words appear and in5 serting ‘‘system development and demonstration’’;

6 (2) in section 2400—

7 (A) in subsection (a)(2), by striking ‘‘engi8 neering and manufacturing development’’ and

9 inserting ‘‘system development and demonstra10 tion’’; and

11 (B) in subsections (a)(1)(A), (a)(2), (a)(4)

12 and (a)(5), by striking ‘‘milestone II’’ each place

13 such term appears and inserting ‘‘milestone B’’;

14 and

15 (3) in section 2435—

16 (A) in subsection (b), by striking ‘‘engineer17 ing and manufacturing development’’ and insert18 ing ‘‘system development and demonstration’’;

19 (B) in subsection (c)(1), by striking ‘‘dem20 onstration and validation’’ and inserting ‘‘sys21 tem development and demonstration’’;

22 (C) in subsection (c)(2), by striking ‘‘engi23 neering and manufacturing development’’ and

24 inserting ‘‘production and deployment’’; and
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1 (D) in subsection (c)(3), by striking ‘‘pro2 duction and deployment’’ and inserting ‘‘full

3 rate production’’.

4 (b) OTHER LAWS.—(1) Section 811(c) of the Floyd D.

5 Spence National Defense Authorization Act for Fiscal Year

6 2001 (as enacted in Public Law 106–398; 114 Stat. 1654A–

7 211) is amended—

8 (A) by striking ‘‘Milestone I’’ and inserting

9 ‘‘Milestone B’’;

10 (B) by striking ‘‘Milestone II’’ and inserting

11 ‘‘Milestone C’’; and

12 (C) by striking ‘‘Milestone III’’ and inserting

13 ‘‘full rate production’’.

14 (2) Section 8102(b) of the Department of Defense Ap15 propriations Act, 2001 (Public Law 106–259; 114 Stat.

16 696) is amended—

17 (A) by striking ‘‘Milestone I’’ and inserting

18 ‘‘Milestone B’’;

19 (B) by striking ‘‘Milestone II’’ and inserting

20 ‘‘Milestone C’’; and

21 (C) by striking ‘‘Milestone III’’ and inserting

22 ‘‘full rate production’’.

23 SEC. 802. ACQUISITION WORKFORCE QUALIFICATIONS.

24 (a) QUALIFICATIONS.—Section 1724 of title 10, United

25 States Code, is amended—
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1 (1) in subsection (a)—

2 (A) by striking the matter preceding para3 graph (1) and inserting the following:

4 ‘‘(a) CONTRACTING OFFICERS.—The Secretary of De5 fense shall require that, in order to qualify to serve in an

6 acquisition position as a contracting officer with authority

7 to award or administer contracts for amounts above the

8 simplified acquisition threshold referred to in section

9 2304(g) of this title, an employee of the Department of De10 fense or member of the armed forces (other than the Coast

11 Guard) must, except as provided in subsections (c) and

12 (d)—’’;

13 (B) in paragraph (1)—

14 (i) by striking ‘‘mandatory’’; and

15 (ii) by striking ‘‘at the grade level’’

16 and all that follows and inserting ‘‘(A) in

17 the case of an employee, serving in the posi18 tion within the grade of the General Sched19 ule in which the employee is serving, and

20 (B) in the case of a member of the armed

21 forces, in the member’s grade;’’; and

22 (C) in paragraph (3)(A), by inserting a

23 comma after ‘‘business’’;

24 (2) by striking subsection (b) and inserting the

25 following new subsection:
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1 ‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR MILI2 TARY POSITIONS.—(1) The Secretary of Defense shall re3 quire that in order to qualify to serve in a position in the

4 Department of Defense that is in the GS–1102 occupational

5 series an employee or potential employee of the Department

6 of Defense meet the requirements set forth in paragraph (3)

7 of subsection (a). The Secretary may not require that in

8 order to serve in such a position an employee or potential

9 employee meet any of the requirements of paragraphs (1)

10 and (2) of that subsection.

11 ‘‘(2) The Secretary of Defense shall require that in

12 order for a member of the armed forces to be selected for

13 an occupational specialty within the armed forces that (as

14 determined by the Secretary) is similar to the GS–1102 oc15 cupational series a member of the armed forces meet the

16 requirements set forth in paragraph (3) of subsection (a).

17 The Secretary may not require that in order to be selected

18 for such an occupational specialty a member meet any of

19 the requirements of paragraphs (1) and (2) of that sub20 section.’’; and

21 (3) by striking subsections (c) and (d) inserting

22 the following new subsections:

23 ‘‘(c) EXCEPTIONS.—The qualification requirements

24 imposed by the Secretary of Defense pursuant to subsections
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1 (a) and (b) shall not apply to an employee of the Depart2 ment of Defense or member of the armed forces who—

3 ‘‘(1) served as a contracting officer with author4 ity to award or administer contracts in excess of the

5 simplified acquisition threshold on or before Sep6 tember 30, 2000;

7 ‘‘(2) served, on or before September 30, 2000, in

8 a position either as an employee in the GS–1102 se9 ries or as a member of the armed forces in similar

10 occupational specialty;

11 ‘‘(3) is in the contingency contracting force; or

12 ‘‘(4) is described in subsection (e)(1)(B).

13 ‘‘(d) WAIVER.—The acquisition career program board

14 concerned may waive any or all of the requirements of sub15 sections (a) and (b) with respect to an employee of the De16 partment of Defense or member of the armed forces if the

17 board certifies that the individual possesses significant po18 tential for advancement to levels of greater responsibility

19 and authority, based on demonstrated job performance and

20 qualifying experience. With respect to each waiver granted

21 under this subsection, the board shall set forth in a written

22 document the rationale for its decision to waive such re23 quirements. Such document shall be submitted to and re24 tained by the Director of Acquisition Education, Training,

25 and Career Development.
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1 ‘‘(e) DEVELOPMENTAL OPPORTUNITIES.—(1) The Sec2 retary of Defense may—

3 ‘‘(A) establish or continue one or more programs

4 for the purpose of recruiting, selecting, appointing,

5 educating, qualifying, and developing the careers of

6 individuals to meet the requirements in subpara7 graphs (A) and (B) of subsection (a)(3);

8 ‘‘(B) appoint individuals to developmental posi9 tions in those programs; and

10 ‘‘(C) separate from the civil service after a three11 year probationary period any individual appointed

12 under this subsection who, as determined by the Sec13 retary, fails to complete satisfactorily any program

14 described in subparagraph (A).

15 ‘‘(2) To qualify for any developmental program de16 scribed in paragraph (1)(A), an individual shall have—

17 ‘‘(A) been awarded a baccalaureate degree from

18 an accredited institution of higher education author19 ized to grant baccalaureate degrees; or

20 ‘‘(B) completed at least 24 semester credit hours

21 or the equivalent of study from an accredited institu22 tion of higher education in any of the disciplines of

23 accounting, business, finance, law, contracts, pur24 chasing, economics, industrial management, mar-
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1 keting, quantitative methods, or organization and

2 management.

3 ‘‘(f) CONTINGENCY CONTRACTING FORCE.—The Sec4 retary shall establish qualification requirements for the con5 tingency contracting force consisting of members of the

6 armed forces whose mission is to deploy in support of con7 tingency operations and other operations of the Department

8 of Defense, including—

9 ‘‘(1) completion of at least 24 semester credit

10 hours or the equivalent of study from an accredited

11 institution of higher education or similar educational

12 institution in any of the disciplines of accounting,

13 business, finance, law, contracts, purchasing, econom14 ics, industrial management, marketing, quantitative

15 methods, or organization and management; or

16 ‘‘(2) passage of an examination that dem17 onstrates skills, knowledge, or abilities comparable to

18 that of an individual who has completed at least 24

19 semester credit hours or the equivalent of study in

20 any of the disciplines described in paragraph (1).’’.

21 (b) CLERICAL AMENDMENT.—Section 1732(c)(2) of

22 such title is amended by inserting a comma after ‘‘busi23 ness’’.
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1 SEC. 803. TWO-YEAR EXTENSION OF PROGRAM APPLYING

2 SIMPLIFIED PROCEDURES TO CERTAIN COM3 MERCIAL ITEMS.

4 Section 4202(e) of the Clinger-Cohen Act of 1996 (divi5 sions D and E of Public Law 104–106; 110 Stat. 654; 10

6 U.S.C. 2304 note) is amended by striking ‘‘January 1,

7 2002’’ and inserting ‘‘January 1, 2004’’.

8 SEC. 804. CONTRACTS FOR SERVICES TO BE PERFORMED

9 OUTSIDE THE UNITED STATES.

10 (a) IN GENERAL.—Chapter 141 of title 10, United

11 States Code, is amended by inserting after section 2381 the

12 following new section:

13 ‘‘§ 2382. Contracts for services to be performed outside

14 the United States

15 ‘‘The Secretary of Defense may enter into contracts to

16 employ individuals or organizations to perform services in

17 countries other than the United States without regard to

18 laws regarding the negotiation, making, and performance

19 of contracts and performance of work in the United States.

20 Individuals employed by contract to perform such services

21 shall not by virtue of such employment be considered to be

22 employees of the United States Government for purposes of

23 any law administered by the Office of Personnel Manage24 ment, but the Secretary may determine the applicability

25 to such individuals of any other law administered by the
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1 Secretary concerning the employment of such individuals

2 in countries other than the United States.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections at

4 the beginning of such chapter is amended by inserting after

5 the item relating to section 2381 the following new item:

‘‘2382. Contracts for services to be performed outside the United States.’’.

6 SEC. 805. CODIFICATION AND MODIFICATION OF ‘‘BERRY

7 AMENDMENT’’ REQUIREMENTS.

8 (a) BERRY AMENDMENT REQUIREMENTS.—(1) Chap9 ter 148 of title 10, United States Code, is amended by in10 serting after section 2533 the following new section:

11 ‘‘§ 2533a. Requirement to buy certain articles from

12 American sources; exceptions

13 ‘‘(a) REQUIREMENT.—Except as provided in sub14 sections (c) through (g), funds appropriated or otherwise

15 available to the Department of Defense may not be used

16 for the procurement of an item described in subsection (b)

17 if the item is not grown, reprocessed, reused, or produced

18 in the United States.

19 ‘‘(b) COVERED ITEMS.—An item referred to in sub20 section (a) is any of the following:

21 ‘‘(1) An article or item of—

22 ‘‘(A) food;

23 ‘‘(B) clothing;

24 ‘‘(C) tents, tarpaulins, parachutes, or cov25 ers;
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1 ‘‘(D) cotton and other natural fiber prod2 ucts, woven silk or woven silk blends, spun silk

3 yarn for cartridge cloth, synthetic fabric or coat4 ed synthetic fabric (including all textile fibers

5 and yarns that are for use in such fabrics), can6 vas products, or wool (whether in the form of

7 fiber or yarn or contained in fabrics, materials,

8 or manufactured articles); or

9 ‘‘(E) any item of individual equipment

10 manufactured from or containing such fibers,

11 yarns, fabrics, or materials.

12 ‘‘(2) Specialty metals, including stainless steel

13 flatware.

14 ‘‘(3) Hand or measuring tools.

15 ‘‘(c) EXCEPTION.—The Secretary of Defense or the Sec16 retary of the military department concerned may waive the

17 requirement in subsection (a) if—

18 ‘‘(1) such Secretary determines that satisfactory

19 quality and sufficient quantity of any such article or

20 item described in subsection (b)(1) or specialty metals

21 (including stainless steel flatware) grown, reprocessed,

22 reused, or produced in the United States cannot be

23 procured as and when needed at United States mar24 ket prices;
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1 ‘‘(2) such Secretary has provided notice to the

2 public regarding the waiver;

3 ‘‘(3) such Secretary has notified the Committees

4 on Appropriations, Armed Services, and Small Busi5 ness of the House of Representatives and the Senate

6 regarding the waiver and provided a justification to

7 such committees for the waiver; and

8 ‘‘(4) 30 days have elapsed since the date of the

9 notification of such committees.

10 ‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUT11 SIDE THE UNITED STATES.—Subsection (a) does not apply

12 to the following:

13 ‘‘(1) Procurements outside the United States in

14 support of combat operations.

15 ‘‘(2) Procurements by vessels in foreign waters.

16 ‘‘(3) Emergency procurements or procurements of

17 perishable foods by an establishment located outside

18 the United States for the personnel attached to such

19 establishment.

20 ‘‘(e) EXCEPTION FOR SPECIALTY METALS AND CHEM21 ICAL WARFARE PROTECTIVE CLOTHING.—Subsection (a)

22 does not preclude the procurement of specialty metals or

23 chemical warfare protective clothing produced outside the

24 United States if—

25 ‘‘(1) such procurement is necessary—
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1 ‘‘(A) to comply with agreements with for2 eign governments requiring the United States to

3 purchase supplies from foreign sources for the

4 purposes of offsetting sales made by the United

5 States Government or United States firms under

6 approved programs serving defense requirements;

7 or

8 ‘‘(B) in furtherance of agreements with for9 eign governments in which both such govern10 ments agree to remove barriers to purchases of

11 supplies produced in the other country or serv12 ices performed by sources of the other country;

13 and

14 ‘‘(2) any such agreement with a foreign govern15 ment complies, where applicable, with the require16 ments of section 36 of the Arms Export Control Act

17 (22 U.S.C. 2776) and with section 2457 of this title.

18 ‘‘(f) EXCEPTION FOR CERTAIN FOODS.—Subsection (a)

19 does not preclude the procurement of foods manufactured

20 or processed in the United States.

21 ‘‘(g) EXCEPTION FOR SMALL PURCHASES.—Subsection

22 (a) does not apply to purchases for amounts not greater

23 than the simplified acquisition threshold referred to in sec24 tion 2304(g) of this title.
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1 ‘‘(h) APPLICABILITY TO CONTRACTS AND SUB2 CONTRACTS FOR PROCUREMENT OF COMMERCIAL ITEMS.—

3 This section is applicable to contracts and subcontracts for

4 the procurement of commercial items notwithstanding sec5 tion 34 of the Office of Federal Procurement Policy Act (41

6 U.S.C. 430).

7 ‘‘(i) GEOGRAPHIC COVERAGE.—In this section, the

8 term ‘United States’ includes the commonwealths, terri9 tories, and possessions of the United States.

10 ‘‘(j) EXCEPTION FOR COMMISSARIES, EXCHANGES,

11 AND OTHER NONAPPROPRIATED FUND INSTRUMENTAL12 ITIES.—Subsection (a) does not apply to items purchased

13 for resale purposes in commissaries, military exchanges, or

14 nonappropriated fund instrumentalities operated by the

15 military departments or the Department of Defense.’’.

16 (2) The table of sections at the beginning of such chap17 ter is amended by inserting after the item relating to section

18 2533 the following new item:

‘‘2533a. Requirement to buy certain articles from American sources; exceptions.’’.

19 (b) REPEAL OF SOURCE PROVISIONS.—The following

20 provisions of law are repealed:

21 (1) Section 9005 of the Department of Defense

22 Appropriations Act, 1993 (Public Law 102–396; 10

23 U.S.C. 2241 note).

24 (2) Section 8109 of the Department of Defense

25 Appropriations Act, 1997 (as contained in section
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1 101(b) of Public Law 104–208; 110 Stat. 3009–111;

2 10 U.S.C. 2241 note).

3 SEC. 806. INCREASE OF ASSISTANCE LIMITATION REGARD4 ING PROCUREMENT TECHNICAL ASSISTANCE

5 PROGRAMS.

6 Section 2414(a)(1) of title 10, United States Code, is

7 amended by striking ‘‘$300,000’’ and inserting ‘‘$600,000’’.

8 SEC. 807. STUDY OF CONTRACT CONSOLIDATIONS.

9 The Secretary of Defense, in consultation with the

10 Comptroller General of the United States, shall develop a

11 database to track contract consolidations which consolidate

12 2 or more contracts previously awarded by the Department

13 of Defense to small business concerns. The database shall

14 contain, at a minimum, the names and addresses of the

15 businesses to which the contracts that were consolidated

16 were previously awarded, the rationale for consolidating the

17 contracts, and the monetary benefit projected to be realized

18 by the contract consolidation. Not later than December 1st

19 of each year, the Secretary of Defense shall submit a report

20 regarding the information contained in such database to

21 the Committees on Armed Services of the House of Rep22 resentatives and the Senate, the Committee on Small Busi23 ness of the House of Representatives, and the Committee

24 on Small Business and Entrepreneurship of the Senate.
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1 Subtitle B—Erroneous Payments

2 Recovery

3 SEC. 811. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Erroneous Payments

5 Recovery Act of 2001’’.

6 SEC. 812. IDENTIFICATION OF ERRORS MADE BY EXECU7 TIVE AGENCIES IN PAYMENTS TO CONTRAC8 TORS AND RECOVERY OF AMOUNTS ERRO9 NEOUSLY PAID.

10 (a) PROGRAM REQUIRED.—The head of each executive

11 agency that enters into contracts with a total value in excess

12 of $500,000,000 in a fiscal year shall carry out a cost-effec13 tive program for identifying any errors made in paying

14 the contractors and for recovering any amounts erroneously

15 paid to the contractors.

16 (b) RECOVERY AUDITS AND ACTIVITIES.—A program

17 of an executive agency under subsection (a) shall include

18 recovery audits and recovery activities. The head of the ex19 ecutive agency shall determine, in accordance with guidance

20 provided under subsection (c), the classes of contracts to

21 which recovery audits and recovery activities are appro22 priately applied.

23 (c) OMB GUIDANCE.—The Director of the Office of

24 Management and Budget shall issue guidance for the con-
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1 duct of programs under subsection (a). The guidance shall

2 include the following:

3 (1) Definitions of the terms ‘‘recovery audit’’ and

4 ‘‘recovery activity’’ for the purposes of the programs.

5 (2) The classes of contracts to which recovery au6 dits and recovery activities are appropriately applied

7 under the programs.

8 (3) Protections for the confidentiality of—

9 (A) sensitive financial information that has

10 not been released for use by the general public;

11 and

12 (B) information that could be used to iden13 tify a person.

14 (4) Policies and procedures for ensuring that the

15 implementation of the programs does not result in du16 plicative audits of contractor records.

17 (5) Policies regarding the types of contracts exec18 utive agencies may use for the procurement of recov19 ery services, including guidance for use, in appro20 priate circumstances, of a contingency contract pur21 suant to which the head of an executive agency may

22 pay a contractor an amount equal to a percentage of

23 the total amount collected for the United States pur24 suant to that contract.
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1 (6) Protections for a contractor’s records and fa2 cilities through restrictions on the authority of a con3 tractor under a contract for the procurement of recov4 ery services for an executive agency—

5 (A) to require the production of any record

6 or information by any person other than an offi7 cer, employee, or agent of the executive agency;

8 (B) to establish, or otherwise have, a phys9 ical presence on the property or premises of any

10 private sector entity for the purposes of per11 forming the contract; or

12 (C) to act as agents for the Government in

13 the recovery of funds erroneously paid to con14 tractors.

15 (7) Policies for the appropriate types of manage16 ment improvement programs authorized by section

17 815 that executive agencies may carry out to address

18 overpayment problems and the recovery of overpay19 ments.

20 SEC. 813. DISPOSITION OF RECOVERED FUNDS.

21 (a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS

22 AND ACTIVITIES PROGRAM.—Funds collected under a pro23 gram carried out by an executive agency under section 812

24 shall be available to the executive agency, in such amounts
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1 as are provided in advance in appropriations Acts, for the

2 following purposes:

3 (1) To reimburse the actual expenses incurred by

4 the executive agency in the administration of the pro5 gram.

6 (2) To pay contractors for services under the

7 program in accordance with the guidance issued

8 under section 812(c)(5).

9 (b) FUNDS NOT USED FOR PROGRAM.—Any amounts

10 erroneously paid by an executive agency that are recovered

11 under such a program of an executive agency and are not

12 used to reimburse expenses or pay contractors under sub13 section (a)—

14 (1) shall be credited to the appropriations from

15 which the erroneous payments were made that remain

16 available for obligation as of the time such amounts

17 were collected, shall be merged with other amounts in

18 those appropriations, and shall be available for the

19 purposes and period for which such appropriations

20 are available; or

21 (2) if no such appropriation remains available

22 for obligation at that time, shall be disposed of as

23 provided in subsection (c).
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1 (c) OTHER DISPOSITIONS.—Of the total amount col2 lected under such a program of an executive agency that

3 is to be disposed of under this subsection—

4 (1) up to 25 percent of such amount may be ex5 pended by the head of the executive agency for car6 rying out any management improvement program of

7 the executive agency under section 815; and

8 (2) the remainder of that total amount, includ9 ing any amount not expended under paragraph (1),

10 shall be deposited in the Treasury as miscellaneous

11 receipts.

12 (d) PRIORITY OF OTHER AUTHORIZED DISPOSI13 TIONS.—Notwithstanding subsections (b) and (c), the au14 thority under such subsections may not be exercised to use,

15 credit, or deposit funds collected under such a program as

16 provided in those subsections to the extent that any other

17 provision of law requires or authorizes the crediting of such

18 funds to a nonappropriated fund instrumentality, revolving

19 fund, working-capital fund, trust fund, or other fund or ac20 count.

21 SEC. 814. SOURCES OF RECOVERY SERVICES.

22 (a) CONSIDERATION OF AVAILABLE RECOVERY RE23 SOURCES.—(1) In carrying out a program under section

24 812, the head of an executive agency shall consider all re25 sources available to that official to carry out the program.
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1 (2) The resources considered by the head of an execu2 tive agency for carrying out the program shall include the

3 resources available to the executive agency for such purpose

4 from the following sources:

5 (A) The executive agency.

6 (B) Other departments and agencies of the

7 United States.

8 (C) Private sector sources.

9 (b) COMPLIANCE WITH APPLICABLE LAW AND REGU10 LATIONS.—Before entering into a contract with a private

11 sector source for the performance of services under a pro12 gram of the executive agency carried out under section 812,

13 the head of an executive agency shall comply with—

14 (1) any otherwise applicable provisions of Office

15 of Management and Budget Circular A–76; and

16 (2) any other applicable provision of law or reg17 ulation with respect to the selection between employees

18 of the United States and private sector sources for the

19 performance of services.

20 SEC. 815. MANAGEMENT IMPROVEMENT PROGRAMS.

21 In accordance with guidance provided by the Director

22 of the Office of Management and Budget under section 812,

23 the head of an executive agency required to carry out a pro24 gram under section 812 may carry out a program for im-
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1 proving management processes within the executive

2 agency—

3 (1) to address problems that contribute directly

4 to the occurrence of errors in the paying of contrac5 tors of the executive agency; or

6 (2) to improve the recovery of overpayments due

7 to the agency.

8 SEC. 816. REPORTS.

9 (a) REQUIREMENT FOR REPORTS.—Not later than 30

10 months after the date of the enactment of this Act, and an11 nually for each of the first two years following the year of

12 the first report, the Director of the Office of Management

13 and Budget shall submit to the Committee on Government

14 Reform of the House of Representatives and the Committee

15 on Governmental Affairs of the Senate, a report on the im16 plementation of this subtitle.

17 (b) CONTENT.—Each report shall include—

18 (1) a general description and evaluation of the

19 steps taken by the heads of executive agencies to carry

20 out the programs under this subtitle, including any

21 management improvement programs carried out

22 under section 815;

23 (2) the costs incurred by executive agencies to

24 carry out the programs under this subtitle; and
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1 (3) the amounts recovered under the programs

2 under this subtitle.

3 SEC. 817. RELATIONSHIP TO AUTHORITY OF INSPECTORS

4 GENERAL.

5 Nothing in this subtitle shall be construed as impair6 ing the authority of an Inspector General under the Inspec7 tor General Act of 1978 or any other provision of law.

8 SEC. 818. PRIVACY PROTECTIONS.

9 (a) PROHIBITION.—Any nongovernmental entity that,

10 in the course of recovery auditing or recovery activity under

11 this subtitle, obtains information that identifies an indi12 vidual or with respect to which there is a reasonable basis

13 to believe that the information can be used to identify an

14 individual, may not disclose the information for any pur15 pose other than such recovery auditing or recovery activity

16 and governmental oversight of such activity, unless disclo17 sure for that other purpose is authorized by the individual

18 to the executive agency that contracted for the performance

19 of the recovery auditing or recovery activity.

20 (b) LIABILITY.—Any person that violates subsection

21 (a) shall be liable for any damages (including nonpecuniary

22 damages), costs, and attorneys fees incurred by the indi23 vidual as a result of the violation.
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1 SEC. 819. DEFINITION.

2 In this subtitle, the term ‘‘executive agency’’ has the

3 meaning given that term in section 4(1) of the Office of

4 Federal Procurement Policy Act (41 U.S.C. 403(1)).

5 TITLE IX—DEPARTMENT OF DE6 FENSE ORGANIZATION AND

7 MANAGEMENT

8 SEC. 901. FURTHER REDUCTIONS IN DEFENSE ACQUISI9 TION AND SUPPORT WORKFORCE

10 (a) REDUCTION OF DEFENSE ACQUISITION AND SUP11 PORT WORKFORCE.—The Secretary of Defense shall accom12 plish reductions in defense acquisition and support per13 sonnel positions during fiscal year 2002 so that the total

14 number of such personnel as of October 1, 2002, is less than

15 the total number of such personnel as of October 1, 2001,

16 by at least 13,000.

17 (b) DEFENSE ACQUISITION WORKFORCE DEFINED.—

18 For purposes of this section, the term ‘‘defense acquisition

19 and support personnel’’ has the meaning given that term

20 in section 931(d) of the Strom Thurmond National Defense

21 Authorization Act for Fiscal Year 1999 (Public Law 105–

22 261; 112 Stat. 2106).

23 SEC. 902. SENSE OF CONGRESS ON ESTABLISHMENT OF AN

24 OFFICE OF TRANSFORMATION IN THE DE25 PARTMENT OF DEFENSE.

26 (a) FINDINGS.—Congress finds the following:
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1 (1) The Armed Forces should give careful consid2 eration to implementating transformation to meet

3 operational challenges and exploit opportunities re4 sulting from changes in the threat environment and

5 the emergence of new technologies.

6 (2) A 1999 Defense Science Board report on

7 transformation concluded that there was no overall

8 Department of Defense vision for transformation, no

9 road map, no metrics to measure progress, and little

10 sense of urgency.

11 (3) Historic case studies have shown that within

12 the military, as well as commercial enterprises, suc13 cessful transformation must be directed from the high14 est levels of an organization.

15 (b) SENSE OF CONGRESS ON ESTABLISHMENT OF OF16 FICE OF TRANSFORMATION.—It is the sense of Congress that

17 the Secretary of Defense should consider the establishment

18 of an Office of Transformation within the Office of the Sec19 retary of Defense to advise the Secretary on—

20 (1) development of force transformation strate21 gies to ensure that the military of the future is pre22 pared to dissuade potential military competitors and,

23 if that fails, to fight and win decisively across the

24 spectrum of future conflict;
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1 (2) ensuring a continuous and broadly focused

2 transformation process;

3 (3) service and joint acquisition and experimen4 tation efforts, funding for experimentation efforts,

5 promising operational concepts and technologies, and

6 other transformation activities, as appropriate; and

7 (4) development of service and joint operational

8 concepts, transformation implementation strategies,

9 and risk management strategies.

10 (c) SENSE OF CONGRESS ON FUNDING.—It is the sense

11 of Congress that the Secretary of Defense should consider

12 providing funding adequate for sponsoring selective proto13 typing efforts, wargames, and studies and analyses and for

14 appropriate staffing, as recommended by the director of an

15 Office of Transformation as described in subsection (b).

16 SEC. 903. REVISED JOINT REPORT ON ESTABLISHMENT OF

17 NATIONAL COLLABORATIVE INFORMATION

18 ANALYSIS CAPABILITY.

19 (a) REVISED REPORT.—At the same time as the sub20 mission of the budget for fiscal year 2003 under section

21 1105 of title 31, United States Code, the Secretary of De22 fense and the Director of Central Intelligence shall submit

23 to the congressional defense committees and the congres24 sional intelligence committees a revised report assessing al-
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1 ternatives for the establishment of a national collaborative

2 information analysis capability.

3 (b) MATTERS INCLUDED.—The revised report shall

4 cover the same matters required to be included in the DOD/

5 CIA report, except that the alternative architectures assessed

6 in the revised report shall be limited to architectures that

7 include the participation of all Federal agencies involved

8 in the collection of intelligence. The revised report shall also

9 include a draft of legislation sufficient to carry out the pre10 ferred architecture identified in the revised report.

11 (c) OFFICIALS TO BE CONSULTED.—The revised re12 port shall be prepared after consultation with all appro13 priate Federal officials, including the following:

14 (1) The Secretary of the Treasury.

15 (2) The Secretary of Commerce.

16 (3) The Secretary of State.

17 (4) The Attorney General.

18 (5) The Director of the Federal Bureau of Inves19 tigation.

20 (6) The Administrator of the Drug Enforcement

21 Administration.

22 (7) The Director of the Defense Threat Reduction

23 Agency.

24 (8) The Director of the Defense Information Sys25 tems Agency.
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1 (d) DOD/CIA REPORT DEFINED.—In this section, the

2 term ‘‘DOD/CIA report’’ means the joint report required

3 by section 933 of the Floyd D. Spence National Defense Au4 thorization Act for Fiscal Year 2001 (as enacted into law

5 by Public Law 106–398; 114 Stat. 1654A–237).

6 SEC. 904. ELIMINATION OF TRIENNIAL REPORT BY CHAIR7 MAN OF THE JOINT CHIEFS OF STAFF ON

8 ROLES AND MISSIONS OF THE ARMED

9 FORCES.

10 (a) REPEAL OF REQUIREMENT FOR SEPARATE RE11 PORT BY CHAIRMAN OF THE JOINT CHIEFS OF STAFF.—

12 Section 153 of title 10, United States Code, is amended by

13 striking subsection (b).

14 (b) ROLES AND MISSIONS CONSIDERED AS PART OF

15 DEFENSE QUADRENNIAL REVIEW.—Subsection 118(e) of

16 such title is amended—

17 (1) by inserting ‘‘(1)’’ before ‘‘Upon the comple18 tion’’;

19 (2) by designating the second and third sentences

20 as paragraph (3); and

21 (3) by inserting after paragraph (1), as des22 ignated by paragraph (1) of this subsection, the fol23 lowing new paragraph:

24 ‘‘(2) As part of his assessment under paragraph (1),

25 the Chairman shall provide his assessment of the assign-
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1 ment of functions (or roles and missions) to the armed

2 forces and such recommendations for changes thereto as the

3 Chairman considers necessary to achieve maximum effi4 ciency of the armed forces. In preparing such assessment,

5 the Chairman shall consider (among other matters) the fol6 lowing:

7 ‘‘(A) Unnecessary duplication of effort among the

8 armed forces.

9 ‘‘(B) Changes in technology that can be applied

10 effectively to warfare.’’.

11 SEC. 905. REPEAL OF REQUIREMENT FOR SEMIANNUAL RE12 PORTS THROUGH MARCH 2003 ON ACTIVITIES

13 OF JOINT REQUIREMENTS OVERSIGHT COUN14 CIL.

15 Section 916 of the Floyd D. Spence National Defense

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

17 by Public Law 106–398; 114 Stat. 1654A–231) is repealed.

18 SEC. 906. CORRECTION OF REFERENCES TO AIR MOBILITY

19 COMMAND.

20 (a) REFERENCES IN TITLE 10, UNITED STATES

21 CODE.—Sections 2554(d) and 2555(a) of title 10, United

22 States Code, are each amended by striking ‘‘Military Airlift

23 Command’’ and inserting ‘‘Air Mobility Command’’.

24 (b) REPEAL OF OBSOLETE PROVISION.—Section 8074

25 of such title is amended by striking subsection (c).
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1 (c) REFERENCES IN TITLE 37, UNITED STATES

2 CODE.—Sections 430(c) and 432(b) of title 37, United

3 States Code, are each amended by striking ‘‘Military Airlift

4 Command’’ and inserting ‘‘Air Mobility Command’’.

5 SEC. 907. ORGANIZATIONAL ALIGNMENT CHANGE FOR DI6 RECTOR FOR EXPEDITIONARY WARFARE.

7 Section 5038(a) of title 10, United States Code, is

8 amended by striking ‘‘Office of the Deputy Chief of Naval

9 Operations for Resources, Warfare Requirements, and As10 sessments’’ and inserting ‘‘office of the Deputy Chief of

11 Naval Operations with responsibility for warfare require12 ments and programs’’.

13 TITLE X—GENERAL PROVISIONS

14 Subtitle A—Financial Matters

15 SEC. 1001. TRANSFER AUTHORITY.

16 (a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1)

17 Upon determination by the Secretary of Defense that such

18 action is necessary in the national interest, the Secretary

19 may transfer amounts of authorizations made available to

20 the Department of Defense in this division for fiscal year

21 2002 between any such authorizations for that fiscal year

22 (or any subdivisions thereof). Amounts of authorizations so

23 transferred shall be merged with and be available for the

24 same purposes as the authorization to which transferred.
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1 (2) The total amount of authorizations that the Sec2 retary may transfer under the authority of this section may

3 not exceed $2,000,000,000.

4 (b) LIMITATIONS.—The authority provided by this sec5 tion to transfer authorizations—

6 (1) may only be used to provide authority for

7 items that have a higher priority than the items from

8 which authority is transferred; and

9 (2) may not be used to provide authority for an

10 item that has been denied authorization by Congress.

11 (c) EFFECT ON AUTHORIZATION AMOUNTS.—A trans12 fer made from one account to another under the authority

13 of this section shall be deemed to increase the amount au14 thorized for the account to which the amount is transferred

15 by an amount equal to the amount transferred.

16 (d) NOTICE TO CONGRESS.—The Secretary shall

17 promptly notify Congress of each transfer made under sub18 section (a).

19 SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX.

20 (a) STATUS OF CLASSIFIED ANNEX.—The Classified

21 Annex prepared by the Committee on Armed Services of the

22 House of Representatives to accompany its report on the

23 bill H.R. 2586 of the One Hundred Seventh Congress and

24 transmitted to the President is hereby incorporated into this

25 Act.
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1 (b) CONSTRUCTION WITH OTHER PROVISIONS OF

2 ACT.—The amounts specified in the Classified Annex are

3 not in addition to amounts authorized to be appropriated

4 by other provisions of this Act.

5 (c) LIMITATION ON USE OF FUNDS.—Funds appro6 priated pursuant to an authorization contained in this Act

7 that are made available for a program, project, or activity

8 referred to in the Classified Annex may only be expended

9 for such program, project, or activity in accordance with

10 such terms, conditions, limitations, restrictions, and re11 quirements as are set out for that program, project, or activ12 ity in the Classified Annex.

13 (d) DISTRIBUTION OF CLASSIFIED ANNEX.—The

14 President shall provide for appropriate distribution of the

15 Classified Annex, or of appropriate portions of the annex,

16 within the executive branch of the Government.

17 SEC. 1003. LIMITATION ON FUNDS FOR BOSNIA AND

18 KOSOVO PEACEKEEPING OPERATIONS FOR

19 FISCAL YEAR 2002.

20 (a) LIMITATION.—Of the amounts authorized to be ap21 propriated by section 301(24) for the Overseas Contingency

22 Operations Transfer Fund—

23 (1) no more than $1,315,600,000 may be obli24 gated for incremental costs of the Armed Forces for

25 Bosnia peacekeeping operations; and
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1 (2) no more than $1,528,600,000 may be obli2 gated for incremental costs of the Armed Forces for

3 Kosovo peacekeeping operations.

4 (b) PRESIDENTIAL WAIVER.—The President may

5 waive the limitation in subsection (a)(1), or the limitation

6 in subsection (a)(2), after submitting to Congress the fol7 lowing:

8 (1) The President’s written certification that the

9 waiver is necessary in the national security interests

10 of the United States.

11 (2) The President’s written certification that ex12 ercising the waiver will not adversely affect the readi13 ness of United States military forces.

14 (3) A report setting forth the following:

15 (A) The reasons that the waiver is necessary

16 in the national security interests of the United

17 States.

18 (B) The specific reasons that additional

19 funding is required for the continued presence of

20 United States military forces participating in,

21 or supporting, Bosnia peacekeeping operations,

22 or Kosovo peacekeeping operations, as the case

23 may be, for fiscal year 2002.

24 (C) A discussion of the impact on the mili25 tary readiness of United States Armed Forces of
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1 the continuing deployment of United States mili2 tary forces participating in, or supporting, Bos3 nia peacekeeping operations, or Kosovo peace4 keeping operations, as the case may be.

5 (4) A supplemental appropriations request for

6 the Department of Defense for such amounts as are

7 necessary for the additional fiscal year 2002 costs as8 sociated with United States military forces partici9 pating in, or supporting, Bosnia or Kosovo peace10 keeping operations.

11 (c) PEACEKEEPING OPERATIONS DEFINED.—For the

12 purposes of this section:

13 (1) The term ‘‘Bosnia peacekeeping operations’’

14 has the meaning given such term in section 1004(e)

15 of the Strom Thurmond National Defense Authoriza16 tion Act for Fiscal Year 1999 (Public Law 105–261;

17 112 Stat. 2112).

18 (2) The term ‘‘Kosovo peacekeeping

19 operations’’—

20 (A) means the operation designated as Op21 eration Joint Guardian and any other operation

22 involving the participation of any of the Armed

23 Forces in peacekeeping or peace enforcement ac24 tivities in and around Kosovo; and
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1 (B) includes, with respect to Operation

2 Joint Guardian or any such other operation,

3 each activity that is directly related to the sup4 port of the operation.

5 SEC. 1004. INCREASE IN LIMITATIONS ON ADMINISTRATIVE

6 AUTHORITY OF THE NAVY TO SETTLE ADMI7 RALTY CLAIMS.

8 (a) ADMIRALTY CLAIMS AGAINST THE UNITED

9 STATES.—Section 7622 of title 10, United States Code, is

10 amended—

11 (1) in subsections (a) and (b), by striking

12 ‘‘$1,000,000’’ and inserting ‘‘$15,000,000’’; and

13 (2) in subsection (c), by striking ‘‘$100,000’’ and

14 inserting ‘‘$1,000,000’’.

15 (b) ADMIRALTY CLAIMS BY THE UNITED STATES.—

16 Section 7623 of such title is amended—

17 (1) in subsection (a)(2), by striking

18 ‘‘$1,000,000’’ and inserting ‘‘$15,000,000’’; and

19 (2) in subsection (c), by striking ‘‘$100,000’’ and

20 inserting ‘‘$1,000,000’’.

21 (c) EFFECTIVE DATE.—The amendments made by this

22 section shall apply with respect to any claim accruing on

23 or after February 1, 2001.
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1 Subtitle B—Naval Vessels

2 SEC. 1011. REVISION IN TYPES OF EXCESS NAVAL VESSELS

3 FOR WHICH APPROVAL BY LAW IS REQUIRED

4 FOR DISPOSAL TO FOREIGN NATIONS.

5 (a) REVISION IN VESSEL THRESHOLD.—Section 7307

6 of title 10, United States Code, is amended—

7 (1) in subsection (a), by striking ‘‘A naval ves8 sel’’ and inserting ‘‘Except as provided in subsection

9 (b), a combatant naval vessel’’;

10 (2) by redesignating subsection (b) as subsection

11 (c);

12 (3) by inserting after subsection (a) the following

13 new subsection (b):

14 ‘‘(b) TREATMENT OF VESSELS HELD BY FOREIGN NA15 TIONS BY LOAN OR LEASE.—Subsection (a) shall not apply

16 to the disposal to another nation of a vessel described in

17 that subsection that, at the time of the disposal, is held by

18 the nation to which the disposal is to be made pursuant

19 to a loan or lease arrangement made under section 61 of

20 the Arms Export Control Act (22 U.S.C. 2796) or any other

21 provision of law.’’; and

22 (4) by adding after subsection (c), as redesig23 nated by paragraph (2), the following new subsection:

24 ‘‘(d) INAPPLICABILITY OF VESSEL DISPOSALS TO AG25 GREGATE ANNUAL VALUE LIMITATIONS.—The value of a
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1 vessel transferred to another country under an applicable

2 provision of law as described in subsection (c) shall not be

3 counted for the purposes of any aggregate limit on the value

4 of articles transferred to other countries under that provi5 sion of law during any year (or other applicable period

6 of time).’’.

7 (b) TECHNICAL AMENDMENTS.—Subsection (a) of such

8 section is further amended—

9 (1) by striking ‘‘LARGER OR NEWER’’ in the sub10 section heading and inserting ‘‘CERTAIN COMBATANT;

11 and

12 (2) by striking ‘‘approved by law enacted after

13 August 5, 1974’’ and inserting ‘‘specifically approved

14 by law’’.

15 Subtitle C—Counter-Drug Activities

16 SEC. 1021. EXTENSION OF REPORTING REQUIREMENT RE17 GARDING DEPARTMENT OF DEFENSE EX18 PENDITURES TO SUPPORT FOREIGN

19 COUNTER-DRUG ACTIVITIES.

20 Section 1022 of the Floyd D. Spence National Defense

21 Authorization Act for Fiscal Year 2001 (as enacted by Pub22 lic Law 106–398; 114 Stat. 1654A–255) is amended—

23 (1) by inserting ‘‘and April 15, 2002,’’ after

24 ‘‘January 1, 2001,’’; and
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1 (2) by striking ‘‘fiscal year 2000’’ and inserting

2 ‘‘the preceding fiscal year’’.

3 SEC. 1022. AUTHORITY TO TRANSFER TRACKER AIRCRAFT

4 CURRENTLY USED BY ARMED FORCES FOR

5 COUNTER-DRUG PURPOSES.

6 (a) TRANSFER AUTHORITY.—The Secretary of Defense

7 may transfer to the administrative jurisdiction and oper8 ational control of another Federal agency all Tracker air9 craft in the inventory of the Department of Defense.

10 (b) EFFECT OF FAILURE TO TRANSFER.—If the trans11 fer authority provided by subsection (a) is not exercised by

12 the Secretary of Defense by September 30, 2002, any Track13 er aircraft remaining in the inventory of the Department

14 of Defense may not be used by the Armed Forces for counter15 drug purposes after that date.

16 SEC. 1023. AUTHORITY TO TRANSFER TETHERED AEROSTAT

17 RADAR SYSTEM CURRENTLY USED BY ARMED

18 FORCES FOR COUNTER-DRUG PURPOSES.

19 (a) TRANSFER AUTHORITY.—The Secretary of Defense

20 may transfer to the administrative jurisdiction and oper21 ational control of another Federal agency the Tethered Aero22 stat Radar System currently used by the Armed Forces in

23 maritime, air, and land counter-drug detection and moni24 toring.
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1 (b) EFFECT OF FAILURE TO TRANSFER.—If the trans2 fer authority provided by subsection (a) is not exercised by

3 the Secretary of Defense by September 30, 2002, the Teth4 ered Aerostat Radar System may not be used by the Armed

5 Forces for counter-drug purposes after that date.

6 SEC. 1024. ASSIGNMENT OF MEMBERS TO ASSIST IMMIGRA7 TION AND NATURALIZATION SERVICE AND

8 CUSTOMS SERVICE.

9 (a) ASSIGNMENT AUTHORITY OF SECRETARY OF DE10 FENSE.—Chapter 18 of title 10, United States Code, is

11 amended by inserting after section 374 the following new

12 section:

13 ‘‘§ 374a. Assignment of members to assist border pa14 trol and control

15 ‘‘(a) ASSIGNMENT AUTHORIZED.—Upon submission of

16 a request consistent with subsection (b), the Secretary of De17 fense may assign members of the Army, Navy, Air Force,

18 and Marine Corps to assist—

19 ‘‘(1) the Immigration and Naturalization Serv20 ice in preventing the entry of terrorists and drug traf21 fickers into the United States; and

22 ‘‘(2) the United States Customs Service in the

23 inspection of cargo, vehicles, and aircraft at points of

24 entry into the United States to prevent the entry of

25 weapons of mass destruction, components of weapons
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1 of mass destruction, prohibited narcotics or drugs, or

2 other terrorist or drug trafficking items.

3 ‘‘(b) REQUEST FOR ASSIGNMENT.—The assignment of

4 members under subsection (a) may occur only if—

5 ‘‘(1) the assignment is at the request of the Attor6 ney General, in the case of an assignment to the Im7 migration and Naturalization Service, or the Sec8 retary of the Treasury, in the case of an assignment

9 to the United States Customs Service; and

10 ‘‘(2) the request of the Attorney General or the

11 Secretary of the Treasury (as the case may be) is ac12 companied by a certification by the President that the

13 assignment of members pursuant to the request is nec14 essary to respond to a threat to national security

15 posed by the entry into the United States of terrorists

16 or drug traffickers.

17 ‘‘(c) TRAINING PROGRAM REQUIRED.—The Attorney

18 General or the Secretary of the Treasury (as the case may

19 be), together with the Secretary of Defense, shall establish

20 a training program to ensure that members receive general

21 instruction regarding issues affecting law enforcement in

22 the border areas in which the members may perform duties

23 under an assignment under subsection (a). A member may

24 not be deployed at a border location pursuant to an assign-
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1 ment under subsection (a) until the member has successfully

2 completed the training program.

3 ‘‘(d) CONDITIONS OF USE.—(1) Whenever a member

4 who is assigned under subsection (a) to assist the Immigra5 tion and Naturalization Service or the United States Cus6 toms Service is performing duties at a border location pur7 suant to the assignment, a civilian law enforcement officer

8 from the agency concerned shall accompany the member.

9 ‘‘(2) Nothing in this section shall be construed to—

10 ‘‘(A) authorize a member assigned under sub11 section (a) to conduct a search, seizure, or other simi12 lar law enforcement activity or to make an arrest;

13 and

14 ‘‘(B) supersede section 1385 of title 18 (popu15 larly known as the ‘Posse Comitatus Act’).

16 ‘‘(e) ESTABLISHMENT OF ONGOING JOINT TASK

17 FORCES.—(1) The Attorney General or the Secretary of the

18 Treasury may establish ongoing joint task forces when ac19 companied by a certification by the President that the as20 signment of members pursuant to the request to establish

21 a joint task force is necessary to respond to a threat to na22 tional security posed by the entry into the United States

23 of terrorists or drug traffickers.

24 ‘‘(2) When established, any joint task force shall fully

25 comply with the standards as set forth in this section.
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1 ‘‘(f) NOTIFICATION REQUIREMENTS.—The Attorney

2 General or the Secretary of the Treasury (as the case may

3 be) shall notify the Governor of the State in which members

4 are to be deployed pursuant to an assignment under sub5 section (a), and local governments in the deployment area,

6 of the deployment of the members to assist the Immigration

7 and Naturalization Service or the United States Customs

8 Service (as the case may be) and the types of tasks to be

9 performed by the members.

10 ‘‘(g) REIMBURSEMENT REQUIREMENT.—Section 377

11 of this title shall apply in the case of members assigned

12 under subsection (a).

13 ‘‘(h) TERMINATION OF AUTHORITY.—No assignment

14 may be made or continued under subsection (a) after Sep15 tember 30, 2004.’’.

16 (b) COMMENCEMENT OF TRAINING PROGRAM.—The

17 training program required by subsection (b) of section 374a

18 of title 10, United States Code, shall be established as soon

19 as practicable after the date of the enactment of this Act.

20 (c) CLERICAL AMENDMENT.—The table of sections at

21 the beginning of such chapter is amended by inserting after

22 the item relating to section 374 the following new item:

‘‘374a. Assignment of members to assist border patrol and control.’’.
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1 Subtitle D—Reports

2 SEC. 1031. REQUIREMENT THAT DEPARTMENT OF DEFENSE

3 REPORTS TO CONGRESS BE ACCOMPANIED

4 BY ELECTRONIC VERSION.

5 (a) IN GENERAL.—Chapter 23 of title 10, United

6 States Code, is amended by inserting after the table of sec7 tions the following new section:

8 ‘‘§ 480. Department of Defense reports: submission in

9 electronic form

10 ‘‘(a) REQUIREMENT.—Whenever the Secretary of De11 fense or any other official of the Department of Defense is

12 required by law to submit a report to Congress (or any com13 mittee of either House of Congress), the Secretary or other

14 official shall provide to Congress (or each such committee)

15 a copy of the report in an electronic medium.

16 ‘‘(b) EXCEPTION.—Subsection (a) does not apply to a

17 report submitted in classified form.

18 ‘‘(c) DEFINITION.—In this section, the term ‘report’ in19 cludes any certification, notification, or other communica20 tion in writing.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of such chapter is amended by inserting before

23 the item relating to section 481 the following new item:

‘‘480. Department of Defense reports: submission in electronic form.’’.
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1 SEC. 1032. REPORT ON DEPARTMENT OF DEFENSE ROLE IN

2 HOMELAND SECURITY MATTERS.

3 The Secretary of Defense shall conduct a study on the

4 appropriate role for the Department of Defense in homeland

5 security matters. The Secretary shall submit to the Congress

6 a report on the results of that study at the same time that

7 the budget of the President for fiscal year 2003 is submitted

8 to Congress.

9 SEC. 1033. REVISION OF ANNUAL REPORT TO CONGRESS ON

10 NATIONAL GUARD AND RESERVE COMPO11 NENT EQUIPMENT.

12 The text of section 10541 of title 10, United States

13 Code, is amended to read as follows:

14 ‘‘(a) REQUIREMENT.—The Secretary of Defense shall

15 submit to Congress each year, not later than March 1, a

16 written report concerning the equipment of the National

17 Guard and the reserve components of the armed forces. Each

18 such report shall cover the current fiscal year and the three

19 succeeding years.

20 ‘‘(b) MATTERS TO BE INCLUDED IN REPORT.—Each

21 report under this section shall include the following (shown

22 in the aggregate and separately for each reserve component):

23 ‘‘(1) A list of major items of equipment required

24 and on-hand in the inventories of the reserve compo25 nents.
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1 ‘‘(2) A list of major items of equipment that are

2 expected to be procured from commercial sources or

3 transferred from the active component to the reserve

4 components.

5 ‘‘(3) A statement of major items of equipment in

6 the inventories of the reserve components that are sub7 stitutes for a required major item of equipment.

8 ‘‘(4) A narrative explanation of the plan of the

9 Secretary concerned to equip each reserve component,

10 including an explanation of the plan to equip units

11 of the reserve components that are short major items

12 of equipment at the outset of war or a contingency

13 operation.

14 ‘‘(5) A narrative discussing the current status of

15 the compatibility and interoperability of equipment

16 between the reserve components and the active forces

17 and the effect of that level of compatibility or inter18 operability on combat effectiveness, together with a

19 plan to achieve full equipment compatibility and

20 interoperability.

21 ‘‘(6) A narrative discussing modernization short22 falls and maintenance backlogs within the reserve

23 components and the effect of those shortfalls on com24 bat effectiveness.
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1 ‘‘(7) A narrative discussing the overall age and

2 condition of equipment currently in the inventory of

3 the reserve components.

4 ‘‘(c) MAJOR ITEMS OF EQUIPMENT.—In this section,

5 the term ‘major items of equipment’ includes ships, aircraft,

6 combat vehicles, and key combat support equipment.

7 ‘‘(d) FORMAT AND LEVEL OF DETAIL.—Each report

8 under this section shall be expressed in the same format and

9 with the same level of detail as the information presented

10 in the Future-Years Defense Program Procurement Annex

11 prepared by the Department of Defense.’’.

12 Subtitle E—Other Matters

13 SEC. 1041. DEPARTMENT OF DEFENSE GIFT AUTHORITIES.

14 (a) ADDITIONAL ITEMS AUTHORIZED TO BE DONATED

15 BY SECRETARY OF THE NAVY.—Section 7545 of title 10,

16 United States Code, is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘Subject to’’ and all that

19 follows through ‘‘by him,’’ and inserting ‘‘AU20 THORITY TO MAKE LOANS AND GIFTS.—The

21 Secretary of the Navy’’;

22 (B) by striking ‘‘captured, condemned,’’ and

23 all that follows through ‘‘to—’’ and inserting

24 ‘‘items described in subsection (b) that are not
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1 needed by the Department of the Navy to any of

2 the following:’’

3 (C) by capitalizing the first letter after the

4 paragraph designation in each of paragraphs (1)

5 through (12);

6 (D) by striking the semicolon at the end of

7 paragraphs (1) through (10) and inserting a pe8 riod;

9 (E) by striking ‘‘; or’’ at the end of para10 graph (11) and inserting a period;

11 (F) in paragraph (5), by striking ‘‘World

12 War I or World War II’’ and inserting ‘‘a for13 eign war’’;

14 (G) in paragraph (6), by striking ‘‘soldiers’

15 monument’’ and inserting ‘‘servicemen’s monu16 ment’’; and

17 (H) in paragraph (8), by inserting ‘‘or me18 morial’’ after ‘‘a museum’’;

19 (2) by redesignating subsections (b) and (c) as

20 subsections (d) and (e), respectively;

21 (3) by inserting after subsection (a) the following

22 new subsections:

23 ‘‘(b) ITEMS ELIGIBLE FOR DISPOSAL.—This section

24 applies to the following types of property held by the De25 partment of the Navy:
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1 ‘‘(1) Captured, condemned, or obsolete ordnance

2 material.

3 ‘‘(2) Captured, condemned, or obsolete combat or

4 shipboard material.

5 ‘‘(c) REGULATIONS.—A loan or gift made under this

6 section shall be subject to regulations prescribed by the Sec7 retary of the Navy and to regulations under section 205

8 of the Federal Property and Administrative Services Act

9 of 1949 (40 U.S.C. 486).’’;

10 (4) in subsection (d) (as redesignated by para11 graph (2)), by inserting ‘‘MAINTENANCE OF THE

12 RECORDS OF THE GOVERNMENT.—’’ after the sub13 section designation;

14 (5) in subsection (e) (as redesignated by para15 graph (2)), by inserting ‘‘ALTERNATIVE AUTHORITIES

16 TO MAKE GIFTS OR LOANS.—’’ after the subsection

17 designation; and

18 (6) by adding at the end the following new sub19 section:

20 ‘‘(f) AUTHORITY TO TRANSFER A PORTION OF A VES21 SEL.—The Secretary may lend, give, or otherwise transfer

22 any portion of the hull or superstructure of a vessel stricken

23 from the Naval Vessel Register and designated for scrapping

24 to a qualified organization specified in subsection (a). The

25 terms and conditions of an agreement for the transfer of
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1 a portion of a vessel under this section shall include a re2 quirement that the transferee will maintain the material

3 conveyed in a condition that will not diminish the histor4 ical value of the material or bring discredit upon the

5 Navy.’’.

6 (b) CONFORMING AMENDMENTS.—Section 2572(a) of

7 such title is amended—

8 (1) in paragraph (2), by striking ‘‘soldiers’

9 monument’’ and inserting ‘‘servicemen’s monument’’;

10 and

11 (2) in paragraph (4), by inserting ‘‘or memo12 rial’’ after ‘‘An incorporated museum’’.

13 SEC. 1042. TERMINATION OF REFERENDUM REQUIREMENT

14 REGARDING CONTINUATION OF MILITARY

15 TRAINING ON ISLAND OF VIEQUES, PUERTO

16 RICO, AND IMPOSITION OF ADDITIONAL CON17 DITIONS ON CLOSURE OF LIVE-FIRE TRAIN18 ING RANGE.

19 (a) IN GENERAL.—Title XV of the Floyd D. Spence

20 National Defense Authorization Act for Fiscal Year 2001

21 (as enacted by Public Law 106–398; 114 Stat. 1654A–348)

22 is amended by striking sections 1503, 1504, and 1505 and

23 inserting the following new sections:
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1 ‘‘SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL

2 TRAINING RANGE.

3 ‘‘(a) REQUIRED CERTIFICATION.—The Secretary of the

4 Navy may close the Vieques Naval Training Range on the

5 island of Vieques, Puerto Rico, and discontinue live-fire

6 training at that range only if—

7 ‘‘(1) the Chief of Naval Operations and the Com8 mandant of the Marine Corps jointly certify that

9 there is an alternative training facility that provides

10 an equivalent or superior level of training for units

11 of the Navy and the Marine Corps stationed or de12 ployed in the eastern United States; and

13 ‘‘(2) the new facility is available and fully capa14 ble of supporting such training immediately upon ces15 sation of live-fire training on Vieques.

16 ‘‘(b) EQUIVALENT OR SUPERIOR LEVEL OF TRAINING

17 DEFINED.—In this section, the term ‘equal or superior level

18 of training’ refers to an ability by the Armed Forces to con19 duct at a single location coordinated live-fire training, in20 cluding simultaneous large-scale tactical air strikes, naval

21 surface fire support and artillery, and amphibious landing

22 operations, as was conducted at Vieques Naval Training

23 Range before April 19, 1999.
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1 ‘‘SEC. 1504. NAVY RETENTION OF CLOSED VIEQUES NAVAL

2 TRAINING RANGE.

3 ‘‘(a) RETENTION.—If the conditions specified in sec4 tion 1503(a) are satisfied and the Secretary of the Navy

5 terminates all Navy and Marine Corps training operations

6 on the island of Vieques, the Secretary of the Navy shall

7 retain administrative jurisdiction over the Live Impact

8 Area and all other Department of Defense real properties

9 on the eastern side of the island for possible reactivation

10 for training use, including live-fire training, in the event

11 a national emergency.

12 ‘‘(b) ADMINISTRATION.—The Secretary of the Navy

13 may enter into a cooperative agreement with the Secretary

14 of the Interior to provide for management of the property

15 described in subsection (a), pending reactivation for train16 ing use, by appropriate agencies of the Department of the

17 Interior as follows:

18 ‘‘(1) Management of the Live Impact Area as a

19 wilderness area under the Wilderness Act (16 U.S.C.

20 1131 et seq.), including a prohibition on public access

21 to the area.

22 ‘‘(2) Management of the remaining property as

23 wildlife refuges under the National Wildlife Refuge

24 System Administration Act of 1966 (16 U.S.C. 668dd

25 et seq.).
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1 ‘‘(c) LIVE IMPACT AREA DEFINED.—In this section,

2 the term ‘Live Impact Area’ means the parcel of real prop3 erty, consisting of approximately 900 acres (more or less),

4 on the island of Vieques that is designated by the Secretary

5 of the Navy for targeting by live ordnance in the training

6 of forces of the Navy and Marine Corps.’’.

7 (b) CONFORMING AMENDMENT.—Section 1507(c) of

8 such Act is amended by striking ‘‘the issuance of a procla9 mation described in section 1504(a) or’’.

10 SEC. 1043. REPEAL OF LIMITATION ON REDUCTIONS IN

11 PEACEKEEPER ICBM MISSILES.

12 Subsection (a)(1) of section 1302 of the National De13 fense Authorization Act for Fiscal Year 1998 (Public Law

14 105–85) is amended by striking subparagraph (D).

15 SEC. 1044. TRANSFER OF VIETNAM ERA F–4 AIRCRAFT TO

16 NONPROFIT MUSEUM.

17 (a) AUTHORITY TO CONVEY.—The Secretary of the Air

18 Force may convey, without consideration, to the nonprofit

19 National Aviation Museum and Foundation of Oklahoma

20 (in this section referred to as the ‘‘museum’’), all right, title,

21 and interest of the United States in and to one surplus F–

22 4 aircraft that is flyable or that can be readily restored

23 to flyable condition. The conveyance shall be made by means

24 of a conditional deed of gift.
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1 (b) CONDITION OF AIRCRAFT.—(1) The Secretary may

2 not convey ownership of an aircraft under subsection (a)

3 until the Secretary determines that the museum has altered

4 the aircraft in such manner as the Secretary determines

5 necessary to ensure that the aircraft does not have any ca6 pability for use as a platform for launching or releasing

7 munitions or any other combat capability that it was de8 signed to have.

9 (2) The Secretary is not required to repair or alter

10 the condition of the aircraft before conveying ownership of

11 the aircraft.

12 (c) REVERTER UPON BREACH OF CONDITIONS.—The

13 Secretary shall include in the instrument of conveyance of

14 the aircraft—

15 (1) a condition that the museum not convey any

16 ownership interest in, or transfer possession of, the

17 aircraft to any other party without the prior ap18 proval of the Secretary;

19 (2) a condition that the museum operate and

20 maintain the aircraft in compliance with all applica21 ble limitations and maintenance requirements im22 posed by the Administrator of the Federal Aviation

23 Administration; and

24 (3) a condition that if the Secretary determines

25 at any time that the museum has conveyed an owner-
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1 ship interest in, or transferred possession of, the air2 craft to any other party without the prior approval

3 of the Secretary, or has failed to comply with the con4 dition set forth in paragraph (2), all right, title, and

5 interest in and to the aircraft, including any repair

6 or alteration of the aircraft, shall revert to the United

7 States, and the United States shall have the right of

8 immediate possession of the aircraft.

9 (d) CONVEYANCE AT NO COST TO THE UNITED

10 STATES.—The conveyance of the aircraft under subsection

11 (a) shall be made at no cost to the United States. Any costs

12 associated with the conveyance, costs of determining compli13 ance with subsection (b), and costs of operation and mainte14 nance of the aircraft conveyed shall be borne by the mu15 seum.

16 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec17 retary may require such additional terms and conditions

18 in connection with a conveyance under this section as the

19 Secretary considers appropriate to protect the interests of

20 the United States.

21 SEC. 1045. BOMBER FORCE STRUCTURE.

22 (a) LIMITATION.—None of the funds available to the

23 Department of Defense for fiscal year 2002 may be obligated

24 or expended for retiring or dismantling any of the 93 B–

25 1B Lancer bombers in service as of June 1, 2001, or for
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1 transferring or reassigning any of those aircraft from the

2 unit or the facility to which assigned as of that date, until

3 each of the following has occurred:

4 (1) The President transmits to Congress a na5 tional security strategy report under section 108 of

6 the National Security Act of 1947 (50 U.S.C. 4040)

7 as required by subsection (a)(3) of that section.

8 (2) The Secretary of Defense submits to the Com9 mittee on Armed Services of the Senate and the Com10 mittee on Armed Services of the House of Representa11 tives the Quadrennial Defense Review (QDR) under

12 section 118 of title 10, United States Code, that under

13 that section is required to be submitted not later than

14 September 30, 2001.

15 (3) The Secretary of Defense submits to the Com16 mittee on Armed Services of the Senate and the Com17 mittee on Armed Services of the House of Representa18 tives a report that provides—

19 (A) the changes in national security consid20 erations from those applicable to the air force

21 bomber studies conducted during 1992 and 1995

22 that warrant changes in the current configura23 tion of the bomber fleet; and

24 (B) the plans of the Department of Defense

25 for assigning new missions to the National
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1 Guard units that currently fly B–1 aircraft and

2 for the transition of those units and their facili3 ties from the current B–1 mission to their future

4 missions.

5 (4) The Secretary of Defense submits to Congress

6 the annual report of the Secretary for 2001 required

7 by section 113(c) of title 10, United States Code.

8 (5) The Secretary of Defense submits to Congress

9 a report on the results of the Revised Nuclear Posture

10 Review conducted under section 1042 of the Floyd D.

11 Spence National Defense Authorization Act for Fiscal

12 Year 2001 (as enacted into law by Public Law 106–

13 398; 114 Stat. 1654A–262), as required by subsection

14 (c) of that section.

15 (6) The Secretary of Defense conducts, and sub16 mits to the Committee on Armed Services of the Sen17 ate and Committee on Armed Services of the House

18 of Representatives a report on the results of, a com19 prehensive study to determine—

20 (A) the role of manned bomber aircraft ap21 propriate to meet the requirements derived from

22 the National Security Strategy report referred to

23 in paragraph (1);

24 (B) the amount and type of bomber force

25 structure in the United States Air Force appro-
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1 priate to meet the requirements derived from the

2 National Security Strategy report referred to in

3 paragraph (1); and

4 (C) the most cost effective allocation of

5 bomber force structure, factoring in use of the re6 serve components of the Air Force consistent with

7 the requirements of the National Security Strat8 egy report referred to in paragraph (1).

9 (b) GAO STUDY AND REPORT.—The Comptroller Gen10 eral of the United States shall conduct a study on the same

11 matters as specified in subparagraphs (A), (B), and (C) of

12 subsection (a)(6). The Comptroller General shall submit to

13 Congress a report containing the results of that study not

14 later than 180 days after the date of the submission of the

15 report referred to in subsection (a)(6)

16 (c) DEFINITIONS.—For purposes of this section:

17 (1) AMOUNT AND TYPE OF BOMBER FORCE

18 STRUCTURE.—The term ‘‘amount and type of bomber

19 force structure’’ means the required numbers of B–2

20 aircraft, B–52 aircraft, and B–1 aircraft consistent

21 with the requirements of the National Security Strat22 egy referred to in subsection (a)(1).

23 (2) COST EFFECTIVE ALLOCATION OF BOMBER

24 FORCE STRUCTURE.—The term ‘‘cost effective alloca25 tion of bomber force structure’’ means the lowest cost
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1 for stationing, maintaining, and operating the bomb2 er fleet fully consistent with the requirements of the

3 National Security Strategy referred to in subsection

4 (a)(1).

5 SEC. 1046. TECHNICAL AND CLERICAL AMENDMENTS.

6 (a) TITLE 10, UNITED STATES CODE.—Title 10,

7 United States Code, is amended as follows:

8 (1) The tables of chapters at the beginning of

9 subtitle A, and at the beginning of part II of subtitle

10 A, are each amended by striking the period after

11 ‘‘1111’’ in the item relating to chapter 56.

12 (2) Section 119(g)(2) is amended by striking

13 ‘‘National Security Subcommittee’’ and inserting

14 ‘‘Subcommittee on Defense’’.

15 (3) Section 130c(b)(3)(C) is amended by striking

16 ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’.

17 (4) Section 176(a)(3) is amended by striking

18 ‘‘Chief Medical Director’’ and inserting ‘‘Under Sec19 retary for Health’’.

20 (5)(A) Section 503(c) is amended in paragraph

21 (6)(A)(i) by striking ‘‘14101(18)’’ and ‘‘8801(18)’’

22 and inserting ‘‘14101’’ and ‘‘8801’’, respectively.

23 (B) The amendment made by subparagraph (A)

24 shall take effect on July 1, 2002, immediately after

25 the amendment to such section effective that date by
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1 section 563(a) of the Floyd D. Spence National De2 fense Authorization Act for Fiscal Year 2001 (as en3 acted by Public Law 106–398; 114 Stat. 131).

4 (6) Section 663(e) is amended—

5 (A) by striking ‘‘Armed Forces Staff Col6 lege’’ in paragraph (1) and inserting ‘‘Joint

7 Forces Staff College’’; and

8 (B) by striking ‘‘ARMED FORCES STAFF

9 COLLEGE’’ and inserting ‘‘JOINT FORCES STAFF

10 COLLEGE’’.

11 (7) Section 667(17) is amended by striking

12 ‘‘Armed Forces Staff College’’ both places it appears

13 and inserting ‘‘Joint Forces Staff College’’.

14 (8) Section 874(a) is amended by inserting after

15 ‘‘a sentence of confinement for life without eligibility

16 for parole’’ the following: ‘‘that is adjudged for an of17 fense committed after October 29, 2000’’.

18 (9) Section 1056(c)(2) is amended by striking ‘‘,

19 not later than September 30, 1991,’’.

20 (10) The table of sections at the beginning of

21 chapter 55 is amended by transferring the item relat22 ing to section 1074i, as inserted by section 758(b) of

23 the Floyd D. Spence National Defense Authorization

24 Act for Fiscal Year 2001 (as enacted by Public Law
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1 106–398; 114 Stat. 1654A–200), so as to appear after

2 the item relating to section 1074h.

3 (11) Section 1097a(e) is amended by striking

4 ‘‘section 1072’’ and inserting ‘‘section 1072(2)’’.

5 (12) Sections 1111(a) and 1114(a)(1) are each

6 amended by striking ‘‘hereafter’’ and inserting ‘‘here7 inafter’’.

8 (13) Section 1116 is amended—

9 (A) in subsection (a)(2)(B), by inserting an

10 open parenthesis before ‘‘other than for train11 ing’’; and

12 (B) in subsection (b)(2)(D), by striking

13 ‘‘section 111(c)(4)’’ and inserting ‘‘section

14 1115(c)(4)’’.

15 (14) The heading for subchapter II of chapter 75

16 is transferred within that chapter so as to appear be17 fore the table of sections at the beginning of that sub18 chapter (as if the amendment made by section

19 721(c)(1) of the National Defense Authorization Act

20 for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

21 694) had inserted that heading following section 1471

22 instead of before section 1475).

23 (15) Section 1611(d) is amended by striking

24 ‘‘with’’.
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1 (16) Section 2166(e)(9) is amended by striking

2 ‘‘App. 2’’ and inserting ‘‘App.’’.

3 (17) Section 2323(a)(1)(C) is amended—

4 (A) by striking ‘‘section 1046(3)’’ and in5 serting ‘‘section 365(3)’’;

6 (B) by striking ‘‘20 U.S.C. 1135d–5(3)’’

7 and inserting ‘‘20 U.S.C. 1067k’’; and

8 (C) by striking ‘‘, which, for the purposes of

9 this section’’ and all that follows through the pe10 riod at the end and inserting a period.

11 (18) Section 2375(b) is amended by inserting

12 ‘‘(41 U.S.C. 430)’’ after ‘‘section 34 of the Office of

13 Federal Procurement Policy Act’’.

14 (19) Section 2376(1) is amended by inserting

15 ‘‘(41 U.S.C. 403)’’ after ‘‘section 4 of the Office of

16 Federal Procurement Policy Act’’.

17 (20) Section 2410f(a) is amended by inserting

18 after ‘‘inscription’’ the following: ‘‘, or another in19 scription with the same meaning,’’.

20 (21) Section 2461a(a)(2) is amended by striking

21 ‘‘effeciency’’ and inserting ‘‘efficiency’’.

22 (22) Section 2467 is amended—

23 (A) in subsection (a)(2)—

24 (i) by striking ‘‘, United States Code’’

25 in subparagraph (A); and
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1 (ii) by striking ‘‘such’’ in subpara2 graphs (B) and (C); and

3 (B) in subsection (b)(2)(A), by striking

4 ‘‘United States Code,’’.

5 (23) Section 2535 is amended—

6 (A) in subsection (a)—

7 (i) by striking ‘‘intent of Congress’’

8 and inserting ‘‘intent of Congress—’’;

9 (ii) by realigning clauses (1), (2), (3),

10 and (4) so that each such clause appears as

11 a separate paragraph indented two ems

12 from the left margin; and

13 (iii) in paragraph (1), as so realigned,

14 by striking ‘‘Armed Forces’’ and inserting

15 ‘‘armed forces’’;

16 (B) in subsection (b)(1)—

17 (i) by striking ‘‘in this section, the Sec18 retary is authorized and directed to—’’ and

19 inserting ‘‘in subsection (a), the Secretary

20 of Defense shall—’’; and

21 (ii) by striking ‘‘defense industrial re22 serve’’ in subparagraph (A) and inserting

23 ‘‘Defense Industrial Reserve’’; and

24 (C) in subsection (c)—

25 (i) by striking paragraph (1);
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1 (ii) by redesignating paragraph (2) as

2 paragraph (1) and in that paragraph—

3 (I) by striking ‘‘means’’ and in4 serting ‘‘means—’’;

5 (II) by realigning clauses (A),

6 (B), and (C) so that each such clause

7 appears as a separate subparagraph

8 indented four ems from the left margin;

9 and

10 (III) by inserting ‘‘and’’ at the

11 end of subparagraph (B), as so re12 aligned; and

13 (iii) by redesignating paragraph (3) as

14 paragraph (2).

15 (24) Section 2541c is amended by striking ‘‘sub16 title’’ both places it appears in the matter preceding

17 paragraph (1) and inserting ‘‘subchapter’’.

18 (25) The second section 2555, added by section

19 1203(a) of the Floyd D. Spence National Defense Au20 thorization Act for Fiscal Year 2001 (as enacted by

21 Public Law 106–398; 114 Stat. 1654A–324), is redes22 ignated as section 2565, and the item relating to that

23 section in the table of sections at the beginning of

24 chapter 152 is revised to conform to such redesigna25 tion.
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1 (26) The second section 2582, added by section

2 1(a) of Public Law 106–446 (114 Stat. 1932), is re3 designated as section 2583, and the item relating to

4 that section in the table of sections at the beginning

5 of chapter 153 is revised to conform to such redesig6 nation.

7 (27)(A) Section 2693(a) is amended—

8 (i) in the matter preceding paragraph (1),

9 by inserting ‘‘of Defense’’ after ‘‘Secretary’’; and

10 (ii) in paragraph (3)—

11 (I) by inserting ‘‘to the Secretary of

12 Defense’’ after ‘‘certifies’’;

13 (II) by inserting ‘‘(42 U.S.C. 3762a)’’

14 after ‘‘of 1968’’; and

15 (III) by striking ‘‘to the public agen16 cies referred to in section 515(a)(1) or

17 515(a)(3) of title I of such Act’’ and insert18 ing ‘‘to a public agency referred to in para19 graph (1) or (3) of subsection (a) of such

20 section’’.

21 (B)(i) The heading of such section is amended to

22 read as follows:
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1 ‘‘§ 2693. Conveyance of certain property: Department

2 of Justice correctional options program’’.

3 (ii) The item relating to such section in the table

4 of sections at the beginning of chapter 159 is amended

5 to read as follows:

‘‘2693. Conveyance of certain property: Department of Justice correctional options

program.’’.

6 (28) Section 3014(f)(3) is amended by striking

7 ‘‘the number equal to’’ and all that follows and insert8 ing ‘‘67.’’.

9 (29) Section 5014(f)(3) is amended by striking

10 ‘‘the number equal to’’ and all that follows and insert11 ing ‘‘74.’’.

12 (30) Section 8014(f)(3) is amended by striking

13 ‘‘the number equal to’’ and all that follows and insert14 ing ‘‘60.’’.

15 (31) Section 9783(e)(1) is amended by striking

16 ‘‘40101(a)(2)’’ and inserting ‘‘40102(a)(2)’’.

17 (32) Section 12741(a)(2) is amended by striking

18 ‘‘received’’ and inserting ‘‘receive’’.

19 (b) AMENDMENTS RELATING TO CHANGE IN TITLE OF

20 UNDER SECRETARY OF DEFENSE FOR ACQUISITION, TECH21 NOLOGY, AND LOGISTICS.—Title 10, United States Code, is

22 further amended as follows:

23 (1) Section 133a(b) is amended by striking

24 ‘‘shall assist the Under Secretary of Defense for Ac-
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1 quisition and Technology’’ and inserting ‘‘shall assist

2 the Under Secretary of Defense for Acquisition, Tech3 nology, and Logistics’’.

4 (2) The following provisions are each amended

5 by striking ‘‘Under Secretary of Defense for Acquisi6 tion and Technology’’ and inserting ‘‘Under Secretary

7 of Defense for Acquisition, Technology, and Logis8 tics’’: sections 139(c), 139(f), 171(a)(3), 179(a)(1),

9 1702, 1703, 1707(a), 1722(a), 1722(b)(2)(B),

10 1735(c)(1), 1737(c)(1), 1737(c)(2)(B), 1741(b),

11 1746(a), 1761(b)(4), 1763, 2302c(a)(2),

12 2304(f)(1)(B)(iii), 2304(f)(6)(B), 2311(c)(1),

13 2311(c)(2)(B), 2350a(b)(2), 2350a(e)(1)(A),

14 2350a(e)(2)(B), 2350a(f)(1), 2399(b)(3), 2435(b),

15 2435(d)(2), 2521(a), and 2534(i)(3).

16 (3)(A) The heading for section 1702 is amended

17 to read as follows:

18 ‘‘§ 1702. Under Secretary of Defense for Acquisition,

19 Technology, and Logistics: authorities

20 and responsibilities’’.

21 (B) The item relating to section 1702 in the

22 table of sections at the beginning of subchapter I of

23 chapter 87 is amended to read as follows:

‘‘1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities.’’.
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1 (4) Section 2503(b) is amended by striking

2 ‘‘Under Secretary of Defense for Acquisition’’ and in3 serting ‘‘Under Secretary of Defense for Acquisition,

4 Technology, and Logistics’’.

5 (c) AMENDMENTS TO SUBSTITUTE CALENDAR DATES

6 FOR DATE-OF-ENACTMENT REFERENCES.—Title 10, United

7 States Code, is further amended as follows:

8 (1) Section 130c(d)(1) is amended by striking

9 ‘‘the date of the enactment of the Floyd D. Spence Na10 tional Defense Authorization Act for Fiscal Year

11 2001’’ and inserting ‘‘October 30, 2000,’’.

12 (2) Section 184(a) is amended by striking ‘‘the

13 date of the enactment of this section,’’ and inserting

14 ‘‘October 30, 2000,’’.

15 (3) Section 986(a) is amended by striking ‘‘the

16 date of the enactment of this section,’’ and inserting

17 ‘‘October 30, 2000,’’.

18 (4) Section 1074g(a)(8) is amended by striking

19 ‘‘the date of the enactment of this section’’ and insert20 ing ‘‘October 5, 1999,’’.

21 (5) Section 1079(h)(2) is amended by striking

22 ‘‘the date of the enactment of this paragraph’’ and in23 serting ‘‘February 10, 1996,’’.

24 (6) Section 1206(5) is amended by striking ‘‘the

25 date of the enactment of the National Defense Author-
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1 ization Act for Fiscal Year 2000,’’ and inserting ‘‘Oc2 tober 5, 1999,’’.

3 (7) Section 1405(c)(1) is amended by striking

4 ‘‘the date of the enactment of the National Defense

5 Authorization Act for Fiscal Year 1995,’’ and insert6 ing ‘‘October 5, 1994,’’.

7 (8) Section 1407(f)(2) is amended by striking

8 ‘‘the date of the enactment of this subsection—’’ and

9 inserting ‘‘October 30, 2000—’’.

10 (9) Section 1408(d)(6) is amended by striking

11 ‘‘the date of the enactment of this paragraph’’ and in12 serting ‘‘August 22, 1996,’’.

13 (10) Section 1511(b) is amended by striking ‘‘the

14 date of the enactment of this chapter.’’ and inserting

15 ‘‘February 10, 1996.’’.

16 (11) Section 2461a(b)(1) is amended by striking

17 ‘‘the date of the enactment of this section,’’ and insert18 ing ‘‘October 30, 2000,’’.

19 (12) Section 4021(c)(1) is amended by striking

20 ‘‘the date of the enactment of this section.’’ and insert21 ing ‘‘November 29, 1989.’’.

22 (13) Section 6328(a) is amended by striking ‘‘the

23 date of the enactment of this section’’ and inserting

24 ‘‘February 10, 1996,’’.

25 (14) Section 7439 is amended—
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1 (A) in subsection (a)(2), by striking ‘‘one

2 year after the date of the enactment of this sec3 tion,’’ and inserting ‘‘November 18, 1998,’’;

4 (B) in subsection (b)(1), by striking ‘‘the

5 date of the enactment of this section,’’ and in6 serting ‘‘November 18, 1997,’’;

7 (C) in subsection (b)(2), by striking ‘‘the

8 end of the one-year period beginning on the date

9 of the enactment of this section.’’ and inserting

10 ‘‘November 18, 1998.’’; and

11 (D) in subsection (f)(2), by striking ‘‘the

12 date of the enactment of this section’’ and insert13 ing ‘‘November 18, 1997,’’.

14 (15) Section 12533 is amended—

15 (A) in each of subsections (b) and (c)(1), by

16 striking ‘‘the date of the enactment of this sec17 tion.’’ and inserting ‘‘November 18, 1997.’’; and

18 (B) in each of subsections (c)(2) and (d), by

19 striking ‘‘the date of the enactment of this sec20 tion’’ and inserting ‘‘November 18, 1997,’’.

21 (16) Section 12733(3) is amended—

22 (A) in subparagraph (B), by striking ‘‘the

23 date of the enactment of the Floyd D. Spence Na24 tional Defense Authorization Act for Fiscal Year

25 2001;’’ and inserting ‘‘October 30, 2000;’’; and
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1 (B) in subparagraph (C), by striking ‘‘the

2 date of the enactment of the Floyd D. Spence Na3 tional Defense Authorization Act for Fiscal Year

4 2001’’ and inserting ‘‘October 30, 2000,’’.

5 (d) AMENDMENTS RELATING TO CHANGE IN TITLE OF

6 MCKINNEY-VENTO HOMELESS ASSISTANCE ACT.—The fol7 lowing provisions are each amended by striking ‘‘Stewart

8 B. McKinney Homeless Assistance Act’’ and inserting

9 ‘‘McKinney-Vento Homeless Assistance Act’’:

10 (1) Sections 2814(j)(2), 2854a(d)(2), and

11 2878(d)(4) of title 10, United States Code.

12 (2) Sections 2905(b)(6)(A) and 2910(11) of the

13 Defense Base Closure and Realignment Act of 1990

14 (part A of title XXIX of Public Law 101–510; 10

15 U.S.C. 2687 note).

16 (3) Section 204(b)(6)(A) of the Defense Author17 ization Amendments and Base Closure and Realign18 ment Act (Public Law 100–526; 10 U.S.C. 2687

19 note).

20 (4) Section 2915(c)(10) of the National Defense

21 Authorization Act for Fiscal Year 1994 (10 U.S.C.

22 2687 note).

23 (5) Section 2(e)(4)(A) of the Base Closure Com24 munity Redevelopment and Homeless Assistance Act

25 of 1994 (Public Law 103–421; 10 U.S.C. 2687 note).
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1 (6) Section 1053(a) of the National Defense Au2 thorization Act for Fiscal Year 1997 (110 Stat. 2650).

3 (e) AMENDMENTS TO REPEAL OBSOLETE PROVI4 SIONS.—Title 10, United States Code, is further amended

5 as follows:

6 (1) Section 1144 is amended—

7 (A) in subsection (a)(3), by striking the sec8 ond sentence; and

9 (B) by striking subsection (e).

10 (2) Section 1581(b) is amended—

11 (A) by striking ‘‘(1)’’ and all that follows

12 through ‘‘The Secretary of Defense shall deposit’’

13 and inserting ‘‘The Secretary of Defense shall de14 posit’’; and

15 (B) by striking ‘‘on or after December 5,

16 1991,’’.

17 (3) Subsection (e) of section 1722 is repealed.

18 (4) Subsection 1732(a) is amended by striking

19 the second sentence.

20 (5) Section 1734 is amended—

21 (A) in subsection (b)(1)(B), by striking ‘‘on

22 and after October 1, 1991,’’; and

23 (B) in subsection (e)(2), by striking the last

24 sentence.

25 (6)(A) Section 1736 is repealed.
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1 (B) The table of sections at the beginning of sub2 chapter III of chapter 87 is amended by striking the

3 item relating to section 1736.

4 (7)(A) Sections 1762 and 1764 are repealed.

5 (B) The table of sections at the beginning of sub6 chapter V of chapter 87 is amended by striking the

7 items relating to sections 1762 and 1764.

8 (8) Section 2112(a) is amended by striking ‘‘,

9 with the first class graduating not later than Sep10 tember 21, 1982’’.

11 (9) Section 2218(d)(1) is amended by striking

12 ‘‘for fiscal years after fiscal year 1993’’.

13 (10)(A) Section 2468 is repealed.

14 (B) The table of sections at the beginning of

15 chapter 146 is amended by striking the item relating

16 to section 2468.

17 (11) Section 2832 is amended—

18 (A) by striking ‘‘(a)’’ before ‘‘The Secretary

19 of Defense’’; and

20 (B) by striking subsection (b).

21 (12) Section 7430(b)(2) is amended—

22 (A) by striking ‘‘at a price less than’’ and

23 all that follows through ‘‘the current sales price’’

24 and inserting ‘‘at a price less than the current

25 sales price’’;
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1 (B) by striking ‘‘; or’’ and inserting a pe2 riod; and

3 (C) by striking subparagraph (B).

4 (f) PUBLIC LAW 106–398.—Effective as of October 30,

5 2000, and as if included therein as enacted, the Floyd D.

6 Spence National Defense Authorization Act for Fiscal Year

7 2001 (as enacted into law by Public Law 106–398) is

8 amended as follows:

9 (1) Section 525(b)(1) (114 Stat. 1654A–109) is

10 amended by striking ‘‘subsection (c)’’ and inserting

11 ‘‘subsections (a) and (b)’’.

12 (2) Section 1152(c)(2) (114 Stat. 1654A–323) is

13 amended by inserting ‘‘inserting’’ after ‘‘and’’.

14 (g) PUBLIC LAW 106–65.—Effective as of October 5,

15 1999, and as if included therein as enacted, the National

16 Defense Authorization Act for Fiscal Year 2000 (Public

17 Law 106–65) is amended as follows:

18 (1) Section 531(b)(2)(A) (113 Stat. 602) is

19 amended by inserting ‘‘in subsection (a),’’ after

20 ‘‘(A)’’.

21 (2) Section 549(a)(2) (113 Stat. 611) is amended

22 by striking ‘‘such chapter’’ and inserting ‘‘chapter 49

23 of title 10, United States Code,’’.

24 (3) Section 576(a)(3) (10 U.S.C. 1501 note; 113

25 Stat. 625) is amended by adding a period at the end.
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1 (4) Section 577(a)(2) (113 Stat. 625) is amended

2 by striking ‘‘bad conduct’’ in the first quoted matter

3 and inserting ‘‘bad-conduct’’.

4 (5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302

5 note; 113 Stat. 709) is amended by striking ‘‘Mentor6 Protegee’’ and inserting ‘‘Mentor-Protege’’.

7 (6) Section 1052(b)(1) (113 Stat. 764) is amend8 ed by striking ‘‘ ‘The Department’’ and inserting ‘‘the

9 ‘Department’’.

10 (7) Section 1053(a)(5) (10 U.S.C. 113 note; 113

11 Stat. 764) is amended by inserting ‘‘and’’ before ‘‘Ma12 rines’’.

13 (8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note;

14 113 Stat. 799) is amended by striking ‘‘3201 note’’

15 and inserting ‘‘6305(4)’’.

16 (9) Section 2902(d) (10 U.S.C. 111 note; 113

17 Stat. 882) is amended by striking ‘‘section 2871(b)’’

18 and inserting ‘‘section 2881(b)’’.

19 (h) PUBLIC LAW 102–484.—The National Defense Au20 thorization Act for Fiscal Year 1993 (Public Law 102–484)

21 is amended as follows:

22 (1) Section 3161(c)(6)(C) (42 U.S.C.

23 7274h(c)(6)(C)) is amended by striking ‘‘title IX of

24 the Public Works and Economic Development Act of

25 1965 (42 U.S.C. 3241 et seq.)’’ and inserting ‘‘title II
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1 of the Public Works and Economic Development Act

2 of 1965 (42 U.S.C. 3141 et seq.)’’.

3 (2) Section 4416(b)(1) (10 U.S.C. 12681 note) is

4 amended by striking ‘‘force reduction period’’ and in5 serting ‘‘force reduction transition period’’.

6 (3) Section 4461(5) (10 U.S.C. 1143 note) is

7 amended by adding a period at the end.

8 (i) OTHER LAWS.—

9 (1) Section 1083(c) of the National Defense Au10 thorization Act for Fiscal Year 1998 (Public Law

11 105–85; 10 U.S.C. 113 note) is amended by striking

12 ‘‘NAMES’’ and inserting ‘‘NAME’’.

13 (2) Section 845(d)(1)(B)(ii) of the National De14 fense Authorization Act for Fiscal Year 1994 (Public

15 Law 103–160; 10 U.S.C. 2371 note) is amended by

16 inserting a closed parenthesis after ‘‘41 U.S.C.

17 414(3))’’.

18 (3) Section 1123(b) of the National Defense Au19 thorization Act for Fiscal Years 1990 and 1991 (Pub20 lic Law 101–189; 103 Stat. 1556) is amended by

21 striking ‘‘Armed Forces Staff College’’ each place it

22 appears and inserting ‘‘Joint Forces Staff College’’.

23 (4) Section 1412(g)(2)(C)(vii) of the Department

24 of Defense Authorization Act, 1986 (50 U.S.C.
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1 1521(g)(2)(C)(vii)) is amended by striking ‘‘(c)(3)’’

2 and inserting ‘‘(c)(4)’’.

3 (5) Section 8336 of title 5, United States Code,

4 is amended—

5 (A) in subsection (d)(2), by striking ‘‘sub6 section (o)’’ and inserting ‘‘subsection (p)’’; and

7 (B) by redesignating the second subsection

8 (o), added by section 1152(a)(2) of the Floyd D.

9 Spence National Defense Authorization Act for

10 Fiscal Year 2001 (as enacted by Public Law

11 106–398; 114 Stat. 1654A–320), as subsection

12 (p).

13 (6) Section 9001(3) of title 5, United States

14 Code, is amended by striking ‘‘and’’ at the end of sub15 paragraph (A) and inserting ‘‘or’’.

16 (7) Section 318(h)(3) of title 37, United States

17 Code, is amended by striking ‘‘subsection (a)’’ and in18 serting ‘‘subsection (b)’’.

19 (8) Section 3695(a)(5) of title 38, United States

20 Code, is amended by striking ‘‘1610’’ and inserting

21 ‘‘1611’’.

22 (9) Section 13(b) of the Peace Corps Act (22

23 U.S.C. 2512(b)) is amended by striking ‘‘, subject to

24 section 5532 of title 5, United States Code’’.
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1 (10) Section 127(g)(6) of the Trade Deficit Re2 view Commission Act (19 U.S.C. 2213 note), as

3 amended by section 311(b) of the Legislative Branch

4 Appropriations Act, 2000 (Public Law 106–57; 113

5 Stat. 428), is amended—

6 (A) by striking ‘‘AUTHORITIES.—’’ and all

7 that follows through ‘‘An individual’’ and insert8 ing ‘‘AUTHORITIES.—An individual’’; and

9 (B) by striking subparagraph (B).

10 (11) Section 28 of the Atomic Energy Act of

11 1954 (42 U.S.C. 2038) is amended in the last sen12 tence by striking ’’, subject to’’ and all that follows

13 through the period at the end and inserting a period.

14 (12) Section 3212 of the National Nuclear Secu15 rity Administration Act (50 U.S.C. 2402) is amended

16 by redesignating the second subsection (e), added by

17 section 3159(a) of the Floyd D. Spence National De18 fense Authorization Act for Fiscal Year 2001 (as en19 acted by Public Law 106–398; 114 Stat. 1654A–469),

20 as subsection (f).
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1 SEC. 1047. LEASING OF NAVY SHIPS FOR UNIVERSITY NA2 TIONAL OCEANOGRAPHIC LABORATORY SYS3 TEM.

4 Subsection (g) of section 2667 of title 10, United States

5 Code, is amended by adding at the end the following new

6 paragraph:

7 ‘‘(3) Paragraph (1) does not apply to a renewal or

8 extension of a lease by the Secretary of the Navy with a

9 selected institution for operation of a ship within the Uni10 versity National Oceanographic Laboratory System if,

11 under the lease, each of the following applies:

12 ‘‘(A) Use of the ship is restricted to federally

13 supported research programs and to non-Federal uses

14 under specific conditions with approval by the Sec15 retary of the Navy.

16 ‘‘(B) Because of the anticipated value to the

17 Navy of the oceanographic research and training that

18 will result from the ship’s operation, no monetary

19 lease payments are required from the lessee under the

20 initial lease or under any renewal or extension.

21 ‘‘(C) The lessee is required to maintain the ship

22 in a good state of repair, readiness, and efficient op23 erating condition, conform to all applicable regu24 latory requirements, and assume full responsibility

25 for the safety of the ship, its crew, and scientific per26 sonnel aboard.’’.
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1 SEC. 1048. SENSE OF CONGRESS REGARDING CONTINUED

2 UNITED STATES COMMITMENT TO RESTOR3 ING LAFAYETTE ESCADRILLE MEMORIAL,

4 MARNES LA-COGUETTE, FRANCE.

5 (a) FINDINGS.—Congress finds the following:

6 (1) The Lafayette Escadrille, an aviation squad7 ron within the French Lafayette Flying Corps, was

8 formed April 16, 1916.

9 (2) The Lafayette Escadrille consisted of aviators

10 from the United States who volunteered to fight for

11 the people of France during World War I.

12 (3) 265 volunteers from the United States served

13 in the Lafayette Flying Corps, completing 3,000 com14 bat sorties and amassing nearly 200 victories.

15 (4) The Lafayette Escadrille won 4 Legions of

16 Honor, 7 Medailles Militaires, and 31 citations, each

17 with a Croix de Guerre.

18 (5) In 1918, command of the Lafayette Esca19 drille was transferred to the United States, where the

20 Lafayette Escadrille became the combat air force of

21 the United States.

22 (6) In 1921, a Franco-American committee was

23 organized to locate a final resting place for the 68

24 United States aviators who lost their lives flying for

25 France during World War I.
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1 (7) The Lafayette Escadrille Memorial was dedi2 cated on July 4, 1928, in honor of all United States

3 aviators who flew for France during World War I.

4 (8) The Lafayette Escadrille Memorial Founda5 tion, located in the United States and in France, was

6 founded by Nelson Cromwell in 1930 and endowed

7 with a $1,500,000 trust for the maintenance and up8 keep of the Lafayette Escadrille Memorial.

9 (9) Environmental conditions have contributed

10 to structural damage to, and the overall degradation

11 of, the Lafayette Escadrille Memorial, preventing the

12 holding of memorial services inside the crypt.

13 (10) The French Government has pledged funds

14 to support a restoration of the Lafayette Escadrille

15 Memorial.

16 (11) The Lafayette Escadrille Memorial should

17 be restored to its original beauty to honor all the

18 United States aviators who flew for France during

19 World War I and to demonstrate the respect of the

20 United States for the sacrifices made by all Ameri21 cans who have served our Nation and our allies.

22 (b) SENSE OF CONGRESS.—It is the sense of Congress

23 that the United States should continue to honor its commit24 ment to the United States aviators who lost their lives fly25 ing for France during World War I by appropriating suffi-
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1 cient funds to restore the Lafayette Escadrille Memorial in

2 Marnes La-Coguette, France.

3 SEC. 1049. DESIGNATION OF FIREFIGHTER ASSISTANCE

4 PROGRAM IN HONOR OF FLOYD D. SPENCE, A

5 FORMER MEMBER OF THE HOUSE OF REP6 RESENTATIVES, AND SENSE OF CONGRESS

7 ON NEED TO CONTINUE THE PROGRAM.

8 (a) DESIGNATION.—Section 33(b)(2)(A) of the Federal

9 Fire Prevention and Control Act of 1974 (15 U.S.C.

10 2229(b)(2)(A)) is amended—

11 (1) by inserting ‘‘AND DESIGNATION’’ after ‘‘ES12 TABLISHMENT’’; and

13 (2) by adding at the end the following new sen14 tence: ‘‘The program of firefighter assistance adminis15 tered by the Office shall be known as the ‘Floyd D.

16 Spence Memorial Domestic Defenders Initiative’.’’.

17 (b) SENSE OF CONGRESS.—The firefighters assistance

18 grant program authorized by section 33 of the Federal Fire

19 Prevention and Control Act of 1974 (15 U.S.C. 2229) is

20 recognized as having served as an effective device in Con21 gress’ ongoing effort to address the needs of America’s fire

22 service, and it is the sense of Congress that the program

23 should be reauthorized for fiscal year 2003 and subsequent

24 fiscal years at a higher level of funding.
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1 SEC. 1050. SENSE OF CONGRESS ON IMPLEMENTATION OF

2 FUEL EFFICIENCY REFORMS IN DEPARTMENT

3 OF DEFENSE.

4 (a) FINDINGS.—Congress finds the following:

5 (1) The Federal Government is the largest single

6 energy user in the United States, and the Department

7 of Defense is the largest energy user among all Fed8 eral agencies.

9 (2) The Department of Defense consumed

10 595,000,000,000,000 BTUs of petroleum in fiscal year

11 1999, while all other Federal agencies combined con12 sumed 56,000,000,000,000 BTUs of petroleum.

13 (3) The total cost of petroleum to the Department

14 of Defense amounted to $3,600,000,000 in fiscal year

15 2000.

16 (4) Increased fuel efficiency would reduce the cost

17 of delivering fuel to military units during operations

18 and training and allow a corresponding percentage of

19 defense dollars to be reallocated to logistic shortages

20 and other readiness needs.

21 (5) Increased fuel efficiency would decrease the

22 time needed to assemble military units, would in23 crease unit flexibility, and would allow units to re24 main in the field for a longer period of time.

25 (b) SENSE OF CONGRESS.—It is the sense of Congress

26 that the Secretary of Defense should work to implement fuel
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1 efficiency reforms, as recommended by the Defense Science

2 Board report, which allow for investment decisions based

3 on the true cost of delivered fuel, strengthen the linkage be4 tween warfighting capability and fuel logistics require5 ments, provide high-level leadership encouraging fuel effi6 ciency, target fuel efficiency improvements through science

7 and technology investment, and include fuel efficiency in

8 requirements and acquisition processes.

9 SEC. 1051. PLAN FOR SECURING RUSSIA’S NUCLEAR WEAP10 ONS, MATERIAL, AND EXPERTISE.

11 (a) PLAN FOR NONPROLIFERATION PROGRAMS WITH

12 RUSSIA.—Not later than June 15, 2002, the President shall

13 submit to Congress a plan—

14 (1) for cooperation with Russia on disposition as

15 soon as practicable of nuclear weapons and weapons16 usable nuclear material in Russia that Russia does

17 not retain in its nuclear arsenal; and

18 (2) to prevent the outflow from Russia of sci19 entific expertise that could be used for developing nu20 clear weapons or other weapons of mass destruction,

21 including delivery systems.

22 (b) CONTENT OF PLAN.—The plan required by sub23 section (a) shall include the following:

24 (1) Specific goals and measurable objectives for

25 the programs that are designed to carry out the objec-
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1 tives specified in paragraphs (1) and (2) of subsection

2 (a).

3 (2) Criteria for success for those programs and

4 a strategy for eventual termination of United States

5 contributions to those programs and assumption of

6 the ongoing support of those programs by Russia.

7 (3) A description of any administrative and or8 ganizational changes necessary to improve the coordi9 nation and effectiveness of the programs to be imple10 mented under the plan.

11 (4) An estimate of the cost of carrying out those

12 programs.

13 (c) CONSULTATION WITH RUSSIA.—In developing the

14 plan required by subsection (a), the President shall consult

15 with Russia regarding the practicality of various options.

16 (d) CONSULTATION WITH CONGRESS.—In developing

17 the plan required by subsection (a), the President shall con18 sult with the majority and minority leadership of the ap19 propriate committees of Congress.
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1 SEC. 1052. TWO-YEAR EXTENSION OF ADVISORY PANEL TO

2 ASSESS DOMESTIC RESPONSE CAPABILITIES

3 FOR TERRORISM INVOLVING WEAPONS OF

4 MASS DESTRUCTION.

5 Section 1405 of the Strom Thurmond National Defense

6 Authorization Act for Fiscal Year 1999 (50 U.S.C. 2301

7 note) is amended—

8 (1) in subsection (h)(2), by striking ‘‘2001’’ and

9 inserting ‘‘2003’’; and

10 (2) in subsection (l), by striking ‘‘three years’’

11 and inserting ‘‘five years’’.

12 SEC. 1053. ACTION TO PROMOTE NATIONAL DEFENSE FEA13 TURES PROGRAM.

14 (a) FINDINGS.—The Congress finds the following:

15 (1) The National Defense Features program,

16 which is funded from the National Defense Sealift

17 Fund established by section 2218 of title 10, United

18 States Code, is a constituent element of the defense

19 policy of the United States intended to provide essen20 tial sealift capacity in emergencies, strengthen the na21 tional shipbuilding base, and maintain a resource of

22 highly trained merchant seamen.

23 (2) Implementation of the National Defense Fea24 tures program would provide significant benefits both

25 for the United States and for allied nations during

26 military contingencies.
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1 (3) For the United States and nations allied

2 with the United States to realize these benefits, it is

3 essential that vessels built under that program enjoy

4 commercial opportunities in peacetime on trade

5 routes between the United States and allied nations

6 and that those vessels not be excluded from such op7 portunities through restrictive trade practices.

8 (4) The failure of vessels built, or to be built,

9 under the National Defense Features program to ob10 tain employment as common carriers or contract car11 riers in the particular sector of any trade route in the

12 foreign commerce of the United States for which they

13 are designed to operate, together with long-term domi14 nation of that sector of the trade route by citizens of

15 an allied nation, evidences the existence of restrictive

16 trade practices.

17 (b) ACTION TO PROMOTE PROGRAM.—In any case in

18 which the Secretary of Defense finds the existence of the con19 ditions determined by subsection (a)(4) to prove the exist20 ence of restrictive trade practices, the Secretary shall certify

21 the csae to the Federal Maritime Commission, which there22 upon, in consultation with the Secretary, shall take action

23 to counteract such practices, utilizing all remedies available

24 under section 10002(e)(1) of the Foreign Shipping Practices

25 Act of 1988 (46 U.S.C. App. 1710a).
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1 SEC. 1054. AMENDMENTS RELATING TO COMMISSION ON

2 THE FUTURE OF THE UNITED STATES AERO3 SPACE INDUSTRY.

4 (a) DEADLINE FOR REPORT.—Subsection (d)(1) of sec5 tion 1092 of the Floyd D. Spence National Defense Author6 ization Act for Fiscal Year 2001 (as enacted into law by

7 Public Law 106–398; 114 Stat. 1654A–302) is amended by

8 striking ‘‘March 1, 2002’’ and inserting ‘‘one year after the

9 date of the first official meeting of the Commission’’.

10 (b) TERMINATION OF COMMISSION.—Subsection (g) of

11 such section is amended by striking ‘‘30 days’’ and insert12 ing ‘‘60 days’’.

13 SEC. 1055. AUTHORITY TO ACCEPT MONETARY CONTRIBU14 TIONS FOR REPAIR AND RECONSTRUCTION

15 OF PENTAGON RESERVATION.

16 Section 2674(e) of title 10, United States Code, is

17 amended—

18 (1) by redesignating paragraph (2) as para19 graph (3);

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph:

22 ‘‘(2) The Secretary of Defense may accept monetary

23 contributions made for the purpose of assisting to finance

24 the repair and reconstruction of the Pentagon Reservation

25 following the terrorist attack that occurred on September
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1 11, 2001. The Secretary shall deposit such contributions in

2 the Fund.’’; and

3 (3) in paragraph (3), as redesignated, by insert4 ing at the end the following new sentence: ‘‘However,

5 contributions accepted under paragraph (2) shall be

6 available for expenditure only for the purpose speci7 fied in such paragraph.’’.

8 TITLE XI—CIVILIAN PERSONNEL

9 SEC. 1101. UNDERGRADUATE TRAINING PROGRAM FOR EM10 PLOYEES OF THE NATIONAL IMAGERY AND

11 MAPPING AGENCY.

12 (a) AUTHORITY TO CARRY OUT TRAINING PRO13 GRAM.—Subchapter III of chapter 22 of title 10, United

14 States Code, is amended by adding at the end the following

15 new section:

16 ‘‘§ 462. Undergraduate training program

17 ‘‘(a) AUTHORITY TO CARRY OUT PROGRAM.—The Sec18 retary of Defense may authorize the Director of the National

19 Imagery and Mapping Agency to establish an under20 graduate training program under which civilian employees

21 of the National Imagery and Mapping Agency may be as22 signed as students at accredited professional, technical, and

23 other institutions of higher learning for training at the un24 dergraduate level in skills critical to effective performance

25 of the mission of the National Imagery and Mapping Agen-
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1 cy. Such training may lead to the award of a baccalaureate

2 degree.

3 ‘‘(b) PURPOSE.—The purpose of the program author4 ized by subsection (a) is to facilitate the recruitment of in5 dividuals, particularly minority high school students, with

6 a demonstrated capability to develop skills critical to the

7 mission of the National Imagery and Mapping Agency, in8 cluding skills in mathematics, computer science, engineer9 ing, and foreign languages.

10 ‘‘(c) REQUIREMENTS.—(1) To be eligible for assign11 ment under subsection (a), an employee of the National Im12 agery and Mapping Agency must agree in writing—

13 ‘‘(A) to continue in the service of the National

14 Imagery and Mapping Agency for the period of the

15 assignment and to complete the educational course of

16 training for which the employee is assigned;

17 ‘‘(B) to continue in the service of the National

18 Imagery and Mapping Agency following completion

19 of the assignment for a period of one-and-a-half years

20 for each year of the assignment or part thereof;

21 ‘‘(C) to reimburse the United States for the total

22 cost of education (excluding the employee’s pay and

23 allowances) provided under this section to the em24 ployee if, before the employee’s completing the edu25 cational course of training for which the employee is
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1 assigned, the assignment or the employee’s employ2 ment with the National Imagery and Mapping Agen3 cy is terminated either by the National Imagery and

4 Mapping Agency due to misconduct by the employee

5 or by the employee voluntarily; and

6 ‘‘(D) to reimburse the United States if, after

7 completing the educational course of training for

8 which the employee is assigned, the employee’s em9 ployment with the National Imagery and Mapping

10 Agency is terminated either by the National Imagery

11 and Mapping Agency due to misconduct by the em12 ployee or by the employee voluntarily, before the em13 ployee’s completion of the service obligation period de14 scribed in subparagraph (B), in an amount that

15 bears the same ratio to the total cost of the education

16 (excluding the employee’s pay and allowances) pro17 vided to the employee as the unserved portion of the

18 service obligation period described in subparagraph

19 (B) bears to the total period of the service obligation

20 described in subparagraph (B).

21 ‘‘(2) Subject to paragraph (3), the obligation to reim22 burse the United States under an agreement described in

23 paragraph (1), including interest due on such obligation,

24 is for all purposes a debt owing the United States.
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1 ‘‘(3)(A) A discharge in bankruptcy under title 11,

2 United States Code, shall not release a person from an obli3 gation to reimburse the United States required under an

4 agreement described in paragraph (1) if the final decree of

5 the discharge in bankruptcy is issued within five years after

6 the last day of the combined period of service obligation

7 described in subparagraphs (A) and (B) of paragraph (1).

8 ‘‘(B) The Secretary of Defense may release a person,

9 in whole or in part, from the obligation to reimburse the

10 United States under an agreement described in paragraph

11 (1) when, in his discretion, the Secretary determines that

12 equity or the interests of the United States so require.

13 ‘‘(C) The Secretary of Defense shall permit an em14 ployee assigned under this section who, before commencing

15 a second academic year of such assignment, voluntarily ter16 minates the assignment or the employee’s employment with

17 the National Imagery and Mapping Agency, to satisfy his

18 obligation under an agreement described in paragraph (1)

19 by reimbursing the United States according to a schedule

20 of monthly payments which results in completion of reim21 bursement by a date five years after the date of termination

22 of the assignment or employment or earlier at the option

23 of the employee.

24 ‘‘(d) DISCLOSURE REQUIRED.—(1) When an employee

25 is assigned under this section to an institution, the Sec-
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1 retary shall disclose to the institution to which the employee

2 is assigned that the National Imagery and Mapping Agency

3 employs the employee and that the National Imagery and

4 Mapping Agency funds the employee’s education.

5 ‘‘(2) Efforts by the Secretary to recruit individuals at

6 educational institutions for participation in the under7 graduate training program established by this section shall

8 be made openly and according to the common practices of

9 universities and employers recruiting at such institutions.

10 ‘‘(e) APPROPRIATION OF FUNDS REQUIRED.—The Sec11 retary may pay, directly or by reimbursement to employees,

12 expenses incident to assignments under subsection (a), in

13 any fiscal year only to the extent that appropriated funds

14 are available for such purpose.

15 ‘‘(f) INAPPLICABILITY OF CERTAIN LAWS.—Chapter 41

16 of title 5 and subsections (a) and (b) of section 3324 of title

17 31 shall not apply with respect to this section.

18 ‘‘(g) REGULATIONS.—The Secretary of Defense may

19 prescribe such regulations as may be necessary to imple20 ment this section.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of such subchapter is amended by adding at

23 the end the following new item:

‘‘462. Undergraduate training program.’’.
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1 SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING

2 EXPENSES.

3 (a) AUTHORITY TO CARRY OUT PILOT PROGRAM.—

4 (1) The Secretary of Defense may establish a pilot program

5 to facilitate the reemployment of eligible employees of the

6 Department of Defense who are involuntarily separated due

7 to a reduction in force, relocation as a result of a transfer

8 of function, realignment, or change of duty station. Under

9 the pilot program, the Secretary may pay retraining incen10 tives to encourage non-Federal employers to hire and retain

11 such eligible employees.

12 (2) Under the pilot program, the Secretary may enter

13 into an agreement with a non-Federal employer under

14 which the employer agrees—

15 (A) to employ an eligible employee for at least

16 12 months at a salary that is mutually agreeable to

17 the employer and the eligible employee; and

18 (B) to certify to the Secretary the amount of

19 costs incurred by the employer for any necessary

20 training (as defined by the Secretary) provided to

21 such eligible employee in connection with the employ22 ment.

23 (3) The Secretary may pay a retraining incentive to

24 the non-Federal employer upon the employee’s completion

25 of 12 months of continuous employment with that employer.

26 The Secretary shall determine the amount of the incentive,
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1 except that in no event may such amount exceed the amount

2 certified with respect to such eligible employee under para3 graph (2)(A), or $10,000, whichever is greater.

4 (4) In a case in which an eligible employee does not

5 remain employed by the non-Federal employer for at least

6 12 months, the Secretary may pay to the employer a pro7 rated amount of what would have been the full retraining

8 incentive if the eligible employee had remained employed

9 for such 12-month period.

10 (b) ELIGIBLE EMPLOYEES.—For purposes of this sec11 tion, an eligible employee is an employee of the Department

12 of Defense, serving under an appointment without time lim13 itation, who has been employed by the Department for a

14 continuous period of at least 12 months and who has been

15 given notice of separation pursuant to a reduction in force,

16 relocation as a result of a transfer of function, realignment,

17 or change of duty station, except that such term does not

18 include—

19 (1) a reemployed annuitant under the retirement

20 systems described in subchapter III of chapter 83 of

21 title 5, United States Code, or chapter 84 of such title,

22 or another retirement system for employees of the Fed23 eral Government;

24 (2) an employee who, upon separation from Fed25 eral service, is eligible for an immediate annuity
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1 under subchapter III of chapter 83 of such title, or

2 subchapter II of chapter 84 of such title; or

3 (3) an employee who is eligible for disability re4 tirement under any of the retirement systems referred

5 to in paragraph (1).

6 (c) DURATION.—No incentive may be paid under the

7 pilot program for training commenced after September 30,

8 2005.

9 (d) DEFINITIONS.—In this section:

10 (1) The term ‘‘non-Federal employer’’ means an

11 employer that is not an Executive agency, as defined

12 in section 105 of title 5, United States Code, or an

13 entity in the legislative or judicial branch of the Fed14 eral Government.

15 (2) The term ‘‘reduction in force’’ has the mean16 ing of that term as used in chapter 35 of such title

17 5.

18 (3) The term ‘‘realignment’’ has the meaning

19 given that term in section 2910 of the Defense Base

20 Closure and Realignment Act of 1990 (title XXIX of

21 Public Law 101–510; 10 U.S.C. 2687 note).
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1 SEC. 1103. PAYMENT OF EXPENSES TO OBTAIN PROFES2 SIONAL CREDENTIALS.

3 (a) IN GENERAL.—Chapter 57 of title 5, United States

4 Code, is amended by adding at the end the following new

5 section:

6 ‘‘§ 5757. Payment of expenses to obtain professional

7 credentials

8 ‘‘(a) An agency may use appropriated funds or funds

9 otherwise available to the agency to pay for—

10 ‘‘(1) expenses for employees to obtain profes11 sional credentials, including expenses for professional

12 accreditation, State-imposed and professional licenses,

13 and professional certification; and

14 ‘‘(2) examinations to obtain such credentials.

15 ‘‘(b) The authority under subsection (a) may not be

16 exercised on behalf of any employee occupying or seeking

17 to qualify for appointment to any position that is excepted

18 from the competitive service because of the confidential, pol19 icy-determining, policy-making, or policy-advocating char20 acter of the position.’’.

21 (b) CLERICAL AMENDMENT.—The table of sections at

22 the beginning of such chapter is amended by adding at the

23 end the following new item:

‘‘5757. Payment of expenses to obtain professional credentials.’’.
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1 SEC. 1104. RETIREMENT PORTABILITY ELECTIONS FOR CER2 TAIN DEPARTMENT OF DEFENSE AND COAST

3 GUARD EMPLOYEES.

4 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section

5 8347(q) of title 5, United States Code, is amended—

6 (1) in paragraph (1)(B), by striking ‘‘has 5 or

7 more years of civilian service creditable under’’ and

8 inserting ‘‘is employed subject to’’; and

9 (2) in paragraph (2)(B)—

10 (A) by striking ‘‘vested’’; and

11 (B) by striking ‘‘, as the term ‘vested partic12 ipant’ is defined by such system’’.

13 (b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—

14 Section 8461(n) of such title is amended—

15 (1) in paragraph (1)(B), by striking ‘‘has 5 or

16 more years of civilian service creditable under’’ and

17 inserting ‘‘is employed subject to’’; and

18 (2) in paragraph (2)(B)—

19 (A) by striking ‘‘vested’’; and

20 (B) by striking ‘‘, as the term ‘vested partic21 ipant’ is defined by such system’’.
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1 SEC. 1105. REMOVAL OF REQUIREMENT THAT GRANTING

2 CIVIL SERVICE COMPENSATORY TIME BE

3 BASED ON AMOUNT OF IRREGULAR OR OCCA4 SIONAL OVERTIME WORK.

5 Section 5543 of title 5, United States Code, is amended

6 by striking ‘‘irregular or occasional’’ in each place such

7 words appear.

8 SEC. 1106. APPLICABILITY OF CERTAIN LAWS TO CERTAIN

9 INDIVIDUALS ASSIGNED TO WORK IN THE

10 FEDERAL GOVERNMENT.

11 Section 3374(c)(2) of title 5, United States Code, is

12 amended by inserting ‘‘the Ethics in Government Act of

13 1978, section 1043 of the Internal Revenue Code of 1986,

14 section 27 of the Office of Federal Procurement Policy Act,’’

15 after ‘‘chapter 73 of this title,’’.

16 SEC. 1107. LIMITATION ON PREMIUM PAY.

17 Section 5547 of title 5, United States Code, is

18 amended—

19 (1) by striking subsections (a) and (b) and in20 serting the following new subsections:

21 ‘‘(a) An employee may be paid premium pay under

22 sections 5542, 5545 (a), (b), and (c), 5545a, and 5546 (a)

23 and (b) of this title only to the extent that the aggregate

24 of such employee’s basic pay and premium pay under those

25 provisions would, in any calendar year, exceed the max-
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1 imum rate payable for GS–15 in effect at the end of such

2 calendar year.

3 ‘‘(b) Subsection (a) shall not apply to any employee

4 of the Federal Aviation Administration or the Department

5 of Defense who is paid premium pay under section 5546a

6 of this title.’’; and

7 (2) in subsection (c)—

8 (A) in paragraph (1), by striking ‘‘Sub9 sections (a) and (b)’’ and inserting ‘‘Subsection

10 (a)’’; and

11 (B) in paragraph (2), by striking ‘‘pay pe12 riod’’ and inserting ‘‘calendar year’’.

13 SEC. 1108. USE OF COMMON OCCUPATIONAL AND HEALTH

14 STANDARDS AS A BASIS FOR DIFFERENTIAL

15 PAYMENTS MADE AS A CONSEQUENCE OF EX16 POSURE TO ASBESTOS.

17 (a) PREVAILING RATE SYSTEMS.—Section 5343(c)(4)

18 of title 5, United States Code, is amended by inserting be19 fore the semicolon the following: ‘‘(and for any hardship

20 or hazard related to asbestos, such differentials shall be de21 termined by applying occupational safety and health stand22 ards consistent with the permissible exposure limit promul23 gated by the Secretary of Labor under the Occupational

24 Safety and Health Act of 1970)’’.
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1 (b) GENERAL SCHEDULE PAY RATES.—The first sen2 tence of section 5545(d) of such title is amended by inserting

3 before the period the following: ‘‘(and for any hardship or

4 hazard related to asbestos, such differentials shall be deter5 mined by applying occupational safety and health stand6 ards consistent with the permissible exposure limit promul7 gated by the Secretary of Labor under the Occupational

8 Safety and Health Act of 1970)’’.

9 (c) APPLICABILITY.—Any administrative or judicial

10 determination made after the date of the enactment of this

11 Act concerning differential back payments related to asbes12 tos under section 5343(c)(4) or 5545(d) of such title shall

13 be based on the occupational safety and health standards

14 described in such section, respectively.

15 SEC. 1109. AUTHORITY FOR DESIGNATED CIVILIAN EMPLOY16 EES ABROAD TO ACT AS A NOTARY.

17 (a) IN GENERAL.—Paragraph (4) of section 1044a(b)

18 of title 10, United States Code, is amended—

19 (1) by inserting ‘‘and, when outside the United

20 States, all civilian employees of the Department of

21 Defense,’’ after ‘‘duty status,’’; and

22 (2) by inserting ‘‘or the Department of Defense’’

23 before ‘‘or by statute’’.

24 (b) CLARIFICATION OF STATUS OF CIVILIAN ATTOR25 NEYS ACTING AS A NOTARY.—Paragraph (2) of such section
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1 is amended by striking ‘‘legal assistance officers’’ and in2 serting ‘‘legal assistance attorneys’’.

3 SEC. 1110. ‘‘MONRONEY AMENDMENT’’ RESTORED TO ITS

4 PRIOR FORM.

5 Paragraph (2) of section 5343(d) of title 5, United

6 States Code, is amended to read as such paragraph last

7 read before the enactment of section 1242 of the Department

8 of Defense Authorization Act, 1986 (Public Law 99–145;

9 99 Stat. 735).

10 TITLE XII—MATTERS RELATING

11 TO FOREIGN NATIONS

12 SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NU13 CLEAR TEST MONITORING EQUIPMENT TO

14 FOREIGN GOVERNMENTS.

15 Section 2565 of title 10, United States Code, as redes16 ignated by section 1047(a)(25), is amended—

17 (1) in subsection (a)—

18 (A) by striking ‘‘CONVEY OR’’ in the sub19 section heading and inserting ‘‘TRANSFER TITLE

20 TO OR OTHERWISE’’;

21 (B) in paragraph (1)—

22 (i) by striking ‘‘convey’’ and inserting

23 ‘‘transfer title’’; and

24 (ii) by striking ‘‘and’’ after ‘‘equip25 ment;’’;
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1 (C) by striking the period at the end of

2 paragraph (2) and inserting ‘‘; and’’; and

3 (D) by adding at the end the following new

4 paragraph:

5 ‘‘(3) inspect, test, maintain, repair, or replace

6 any such equipment.’’; and

7 (2) in subsection (b)—

8 (A) by striking ‘‘conveyed or otherwise pro9 vided’’ and inserting ‘‘provided to a foreign gov10 ernment’’;

11 (B) by inserting ‘‘and’’ at the end of para12 graph (1);

13 (C) by striking ‘‘; and’’ at the end of para14 graph (2) and inserting a period; and

15 (D) by striking paragraph (3).

16 SEC. 1202. ACQUISITION OF LOGISTICAL SUPPORT FOR SE17 CURITY FORCES.

18 Section 5 of the Multinational Force and Observers

19 Participation Resolution (22 U.S.C. 3424) is amended by

20 adding at the end the following new subsection:

21 ‘‘(d)(1) The United States may use contractors to pro22 vide logistical support to the Multinational Force and Ob23 servers under this section in lieu of providing such support

24 through a logistical support unit comprised of members of

25 the United States Armed Forces.
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1 ‘‘(2) Notwithstanding subsections (a) and (b) and sec2 tion 7(b), support by a contractor under this subsection

3 may be provided without reimbursement, whenever the

4 President determines that such action enhances or supports

5 the national security interests of the United States.’’.

6 SEC. 1203. REPORT ON THE SALE AND TRANSFER OF MILI7 TARY HARDWARE, EXPERTISE, AND TECH8 NOLOGY FROM STATES OF THE FORMER SO9 VIET UNION TO THE PEOPLE’S REPUBLIC OF

10 CHINA.

11 Section 1202 of the National Defense Authorization

12 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

13 781; 10 U.S.C. 113 note) is amended by adding at the end

14 the following new subsection:

15 ‘‘(d) REPORT ON SALES AND TRANSFERS FROM

16 STATES OF THE FORMER SOVIET UNION TO CHINA.—(1)

17 The report to be submitted under this section not later than

18 March 1, 2002, shall include in a separate section a report

19 describing the sales and transfer of military hardware, ex20 pertise, and technology from states of the former Soviet

21 Union to the People’s Republic of China. The report shall

22 set forth the history of such sales and transfers since 1990,

23 forecast possible future sales and transfers, and address the

24 implications of those sales and transfers for the security of

25 the United States and its friends and allies in Asia.
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1 ‘‘(2) The report shall include analysis and forecasts of

2 the following matters related to military cooperation be3 tween states of the former Soviet Union and the People’s

4 Republic of China:

5 ‘‘(A) The policy of each of those states with re6 spect to arms sales to, and military cooperation with,

7 the People’s Republic of China.

8 ‘‘(B) Any laws or regulations of those states that

9 could prohibit or limit such sales or cooperation.

10 ‘‘(C) The extent in each of those states of govern11 ment knowledge, cooperation, or condoning of sales or

12 transfers of military hardware, expertise, or tech13 nology to the People’s Republic of China.

14 ‘‘(D) An itemization of sales or transfers of mili15 tary hardware, expertise, or technology from any of

16 those states to the People’s Republic of China that

17 have taken place since 1990, with a particular focus

18 on command, control, communications, and intel19 ligence systems.

20 ‘‘(E) A description of any sale or transfer of

21 military hardware, expertise, or technology from any

22 of those states to the People’s Republic of China that

23 is currently under negotiation or contemplation

24 through the end of 2005.
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1 ‘‘(F) Identification of Chinese defense industries

2 in which technicians from states of the former Soviet

3 Union are working and of defense industries of those

4 states in which Chinese technicians are working and

5 a description in each case of the extent and the nature

6 of the work performed by such technicians.

7 ‘‘(G) The extent of assistance by any of those

8 states to key research and development programs of

9 China, including programs for development of weap10 ons of mass destruction and delivery vehicles for such

11 weapons, programs for development of advanced con12 ventional weapons, and programs for development of

13 unconventional weapons.

14 ‘‘(H) The extent of assistance by any of those

15 states to information warfare or electronic warfare

16 programs of China.

17 ‘‘(I) The extent of assistance by any of those

18 states to manned and unmanned space operations of

19 China.

20 ‘‘(J) The extent to which arms sales by any of

21 those states to the People’s Republic of China are a

22 source of funds for military research and development

23 or procurement programs in the selling state.
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1 ‘‘(3) The report under paragraph (1) shall include,

2 with respect to each area of analysis and forecasts specified

3 in paragraph (2)—

4 ‘‘(A) an assessment of the military effects of such

5 sales or transfers to entities in the People’s Republic

6 of China;

7 ‘‘(B) an assessment of the ability of the People’s

8 Liberation Army to assimilate such sales or transfers,

9 mass produce new equipment, or develop doctrine for

10 use; and

11 ‘‘(C) the potential threat of developments related

12 to such effects on the security interests of the United

13 States and its friends and allies in Asia.’’.

14 SEC. 1204. LIMITATION ON FUNDING FOR JOINT DATA EX15 CHANGE CENTER.

16 (a) LIMITATION.—Funds made available to the De17 partment of Defense for fiscal year 2002 may not be obli18 gated or expended for any activity associated with the Joint

19 Data Exchange Center in Moscow, Russia, until—

20 (1) the United States and the Russian Federa21 tion enter into a cost-sharing agreement as described

22 in subsection (d) of section 1231 of the Floyd D.

23 Spence National Defense Authorization Act for Fiscal

24 Year 2001, as enacted into law by Public Law 106-

25 398 (114 Stat. 1654A–329);
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1 (2) the United States and the Russian Federa2 tion enter into an agreement or agreements exempting

3 the United States and any United States person from

4 Russian taxes, and from liability under Russian

5 laws, with respect to activities associated with the

6 Joint Data Exchange Center;

7 (3) the Secretary of Defense submits to the Com8 mittee on Armed Services of the Senate and the Com9 mittee on Armed Services of the House of Representa10 tives a copy of each agreement referred to in para11 graphs (1) and (2); and

12 (4) a period of 30 days has expired after the date

13 of the final submission under paragraph (3).

14 (b) JOINT DATA EXCHANGE CENTER.—For purposes

15 of this section, the term ‘‘Joint Data Exchange Center’’

16 means the United States-Russian Federation joint center

17 for the exchange of data to provide early warning of

18 launches of ballistic missiles and for notification of such

19 launches that is provided for in a joint United States-Rus20 sian Federation memorandum of agreement signed in Mos21 cow in June 2000.
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1 SEC. 1205. EXTENSION OF AUTHORITY TO PROVIDE ASSIST2 ANCE UNDER WEAPONS OF MASS DESTRUC3 TION ACT FOR SUPPORT OF UNITED NA4 TIONS-SPONSORED EFFORTS TO INSPECT

5 AND MONITOR IRAQI WEAPONS ACTIVITIES.

6 (a) LIMITATION ON AMOUNT OF ASSISTANCE IN FIS7 CAL YEAR 2002.—The total amount of the assistance for

8 fiscal year 2002 that is provided by the Secretary of Defense

9 under section 1505 of the Weapons of Mass Destruction

10 Control Act of 1992 (22 U.S.C. 5859a) as activities of the

11 Department of Defense in support of activities under that

12 Act may not exceed $15,000,000. Such assistance may be

13 provided for fiscal year 2002 only to support activities of

14 an organization established for the purpose of (or otherwise

15 given the mission of providing) a comprehensive accounting

16 for all items, facilities, and capabilities in Iraq related to

17 weapons of mass destruction.

18 (b) EXTENSION OF AUTHORITY TO PROVIDE ASSIST19 ANCE.—Subsection (f) of section 1505 of the Weapons of

20 Mass Destruction Control Act of 1992 (22 U.S.C. 5859a)

21 is amended by striking ‘‘2001’’ and inserting ‘‘2002’’.

22 (c) CHANGE OF QUARTERLY REPORT REQUIREMENT

23 TO ANNUAL REPORT.—(1) Subsection (e)(1) of such section

24 is amended—

25 (A) by striking ‘‘quarter of a’’ in the first sen26 tence; and
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1 (B) by striking ‘‘(for the preceding quarter and

2 cumulatively)’’ and inserting ‘‘for the preceding fiscal

3 year’’.

4 (2) The amendments made by subsection (a) shall take

5 effect on November 1, 2001, or the date of the enactment

6 of this Act, whichever is later.

7 SEC. 1206. REPEAL OF REQUIREMENT FOR REPORTING TO

8 CONGRESS ON MILITARY DEPLOYMENTS TO

9 HAITI.

10 Section 1232(b) of the National Defense Authorization

11 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

12 788) is repealed.

13 SEC. 1207. REPORT BY COMPTROLLER GENERAL ON PROVI14 SION OF DEFENSE ARTICLES, SERVICES, AND

15 MILITARY EDUCATION AND TRAINING TO

16 FOREIGN COUNTRIES AND INTERNATIONAL

17 ORGANIZATIONS.

18 (a) STUDY.—The Comptroller General shall conduct a

19 study of the following:

20 (1) The benefits derived by each foreign country

21 or international organization from the receipt of de22 fense articles, defense services, or military education

23 and training provided after December 31, 1989, pur24 suant to the drawdown of such articles, services, or

25 education and training from the stocks of the Depart-
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1 ment of Defense under section 506, 516, or 552 of the

2 Foreign Assistance Act of 1961 (22 U.S.C. 2318,

3 2321j, or 2348a) or any other provision of law.

4 (2) Any benefits derived by the United States

5 from the provision of defense articles, defense services,

6 and military education and training described in

7 paragraph (1).

8 (3) The affect on the readiness of the Armed

9 Forces as a result of the provision by the United

10 States of defense articles, defense services, and mili11 tary education and training described in paragraph

12 (1).

13 (4) The cost to the Department of Defense with

14 respect to the provision of defense articles, defense

15 services, and military education and training de16 scribed in paragraph (1).

17 (b) REPORTS.—(1) Not later than April 15, 2002, the

18 Comptroller General shall submit to Congress an interim

19 report containing the results to that date of the study con20 ducted under subsection (a).

21 (2) Not later than August 1, 2002, the Comptroller

22 General shall submit to Congress a final report containing

23 the results of the study conducted under subsection (a).
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1 SEC. 1208. LIMITATION ON NUMBER OF MILITARY PER2 SONNEL IN COLOMBIA.

3 (a) LIMITATION.—None of the funds available to the

4 Department of Defense may be used to support or maintain

5 more than 500 members of the Armed Forces on duty in

6 the Republic of Colombia at any time.

7 (b) EXCEPTIONS.—There shall be excluded from count8 ing for the purposes of the limitation in subsection (a) the

9 following:

10 (1) A member of the Armed Forces in the Repub11 lic of Colombia for the purpose of rescuing or retriev12 ing United States military or civilian Government

13 personnel, except that the period for which such a

14 member may be so excluded may not exceed 30 days

15 unless expressly authorized by law.

16 (2) A member of the Armed Forces assigned to

17 the United States Embassy in Colombia as an

18 attache ́, as a member of the security assistance office,

19 or as a member of the Marine Corps security contin20 gent.

21 (3) A member of the Armed Forces in Colombia

22 to participate in relief efforts in responding to a nat23 ural disaster.

24 (4) Nonoperational transient military personnel.
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1 SEC. 1209. AUTHORITY FOR EMPLOYEES OF FEDERAL GOV2 ERNMENT CONTRACTORS TO ACCOMPANY

3 CHEMICAL WEAPONS INSPECTION TEAMS AT

4 GOVERNMENT-OWNED FACILITIES.

5 (a) AUTHORITY TO CONDUCT INSPECTIONS.—Section

6 303 of the Chemical Weapons Convention Implementation

7 Act of 1998 (as contained in Public Law 105–277; 112 Stat.

8 2681–873; 22 U.S.C. 6723) is amended in subsection (b)(2)

9 by inserting ‘‘(and in the case of inspection of Federal Gov10 ernment-owned facilities, such designation may include em11 ployees of a contractor with the Federal Government)’’ after

12 ‘‘Federal Government’’.

13 (b) PROCEDURES FOR INSPECTIONS.—Section 304 of

14 such Act (22 U.S.C. 6724) is amended in subsection (c) by

15 inserting ‘‘or contractor with the Federal Government’’

16 after ‘‘Federal Government’’.

17 TITLE XIII—COOPERATIVE

18 THREAT REDUCTION WITH

19 STATES OF THE FORMER SO20 VIET UNION

21 SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT RE22 DUCTION PROGRAMS AND FUNDS.

23 (a) SPECIFICATION OF CTR PROGRAMS.—For pur24 poses of section 301 and other provisions of this Act, Coop25 erative Threat Reduction programs are the programs speci26 fied in section 1501(b) of the National Defense Authoriza-
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1 tion Act for Fiscal Year 1997 (Public Law 104–201; 110

2 Stat. 2731; 50 U.S.C. 2362 note).

3 (b) FISCAL YEAR 2002 COOPERATIVE THREAT REDUC4 TION FUNDS DEFINED.—As used in this title, the term ‘‘fis5 cal year 2002 Cooperative Threat Reduction funds’’ means

6 the funds appropriated pursuant to the authorization of ap7 propriations in section 301 for Cooperative Threat Reduc8 tion programs.

9 (c) AVAILABILITY OF FUNDS.—Funds appropriated

10 pursuant to the authorization of appropriations in section

11 301 for Cooperative Threat Reduction programs shall be

12 available for obligation for three fiscal years.

13 SEC. 1302. FUNDING ALLOCATIONS.

14 (a) FUNDING FOR SPECIFIC PURPOSES.—Of the

15 $403,000,000 authorized to be appropriated to the Depart16 ment of Defense for fiscal year 2002 in section 301(23) for

17 Cooperative Threat Reduction programs, not more than the

18 following amounts may be obligated for the purposes speci19 fied:

20 (1) For strategic offensive arms elimination in

21 Russia, $133,400,000.

22 (2) For strategic nuclear arms elimination in

23 Ukraine, $51,500,000.

24 (3) For nuclear weapons transportation security

25 in Russia, $9,500,000.
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1 (4) For nuclear weapons storage security in Rus2 sia, $56,000,000.

3 (5) For biological weapons proliferation preven4 tion activities in the former Soviet Union,

5 $17,000,000.

6 (6) For activities designated as Other Assess7 ments/Administrative Support, $13,200,000.

8 (7) For defense and military contacts,

9 $18,700,000.

10 (8) For activities related to the construction of a

11 chemical weapons destruction facility in Russia,

12 $35,000,000.

13 (9) For elimination of chemical weapons produc14 tion facilities in Russia, $15,000,000.

15 (10) For weapons of mass destruction infrastruc16 ture elimination activities in Kazakhstan, $6,000,000.

17 (11) For weapons of mass destruction infrastruc18 ture elimination activities in Ukraine, $6,000,000.

19 (12) For activities to assist Russia in the elimi20 nation of plutonium production reactors, $41,700,000.

21 (b) REPORT ON OBLIGATION OR EXPENDITURE OF

22 FUNDS FOR OTHER PURPOSES.—No fiscal year 2002 Coop23 erative Threat Reduction funds may be obligated or ex24 pended for a purpose other than a purpose listed in para25 graphs (1) through (12) of subsection (a) until 30 days after
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1 the date that the Secretary of Defense submits to Congress

2 a report on the purpose for which the funds will be obligated

3 or expended and the amount of funds to be obligated or ex4 pended. Nothing in the preceding sentence shall be construed

5 as authorizing the obligation or expenditure of fiscal year

6 2002 Cooperative Threat Reduction funds for a purpose for

7 which the obligation or expenditure of such funds is specifi8 cally prohibited under this title or any other provision of

9 law.

10 (c) LIMITED AUTHORITY TO VARY INDIVIDUAL

11 AMOUNTS.—(1) Subject to paragraphs (2) and (3), in any

12 case in which the Secretary of Defense determines that it

13 is necessary to do so in the national interest, the Secretary

14 may obligate amounts appropriated for fiscal year 2002 for

15 a purpose listed in any of the paragraphs in subsection (a)

16 in excess of the amount specifically authorized for such pur17 pose.

18 (2) An obligation of funds for a purpose stated in any

19 of the paragraphs in subsection (a) in excess of the specific

20 amount authorized for such purpose may be made using

21 the authority provided in paragraph (1) only after—

22 (A) the Secretary submits to Congress notifica23 tion of the intent to do so together with a complete

24 discussion of the justification for doing so; and
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1 (B) 15 days have elapsed following the date of

2 the notification.

3 (3) The Secretary may not, under the authority pro4 vided in paragraph (1), obligate amounts for the purposes

5 stated in subsection (a)(3) or any of paragraphs (5) through

6 (12) of subsection (a) in excess of 115 percent of the amount

7 specifically authorized for such purposes.

8 SEC. 1303. PROHIBITION AGAINST USE OF FUNDS UNTIL

9 SUBMISSION OF REPORTS.

10 No fiscal year 2002 Cooperative Threat Reduction

11 funds may be obligated or expended until 30 days after the

12 date of the submission of—

13 (1) the report required to be submitted in fiscal

14 year 2001 under section 1308(a) of the Floyd D.

15 Spence National Defense Authorization Act for Fiscal

16 Year 2001 (as enacted in Public Law 106–398; 114

17 Stat. 1654A–341); and

18 (2) the multiyear plan required to be submitted

19 for fiscal year 2001 under section 1308(h) of such Act.

20 SEC. 1304. REPORT ON USE OF REVENUE GENERATED BY

21 ACTIVITIES CARRIED OUT UNDER COOPERA22 TIVE THREAT REDUCTION PROGRAMS.

23 Not later than 60 days after the date of the enactment

24 of this Act, the Secretary of Defense shall submit to Congress

25 a report describing how the Secretary plans to monitor the
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1 use of revenue generated by activities carried out under Co2 operative Threat Reduction programs in Russia and

3 Ukraine.

4 SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SEC5 OND WING OF FISSILE MATERIAL STORAGE

6 FACILITY.

7 (a) PROHIBITION.—No funds authorized to be appro8 priated for Cooperative Threat Reduction programs for any

9 fiscal year may be used for the design, planning, or con10 struction of a second wing for a storage facility for Russian

11 fissile material.

12 (b) CONFORMING AMENDMENT.—Section 1304 of the

13 Floyd D. Spence National Defense Authorization Act for

14 Fiscal Year 2001 (as enacted in Public Law 106–398; 114

15 Stat. 1654A–341) is amended to read as follows:

16 ‘‘SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MA17 TERIAL STORAGE FACILITY.

18 Out of funds authorized to be appropriated for Cooper19 ative Threat Reduction programs for fiscal year 2001 or

20 any other fiscal year, not more than $412,600,000 may be

21 used for planning, design, or construction of the first wing

22 for the storage facility for Russian fissile material referred

23 to in section 1302(a)(5).’’.
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1 SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CON2 STRUCTION OR REFURBISHMENT OF CER3 TAIN FOSSIL FUEL ENERGY PLANTS.

4 Section 1307 of the Floyd D. Spence National Defense

5 Authorization Act for Fiscal Year 2001 (as enacted in Pub6 lic Law 106–398; 114 Stat. 1654A–341) is amended—

7 (1) by striking the heading and inserting the fol8 lowing new heading:

9 ‘‘SEC. 1307. PROHIBITION AGAINST USE OF FUNDS FOR

10 CONSTRUCTION OR REFURBISHMENT OF

11 FOSSIL FUEL ENERGY PLANTS; REPORT.’’;

12 and

13 (2) by striking subsection (a) and inserting the

14 following new subsection:

15 ‘‘(a) PROHIBITION.—No funds appropriated for Coop16 erative Threat Reduction programs for any fiscal year may

17 be used for the construction or refurbishment of a fossil fuel

18 energy plant intended to provide power to local commu19 nities that receive power from nuclear energy plants that

20 produce plutonium.’’.

21 SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE

22 UNDER COOPERATIVE THREAT REDUCTION

23 PROGRAMS.

24 Section 1308(c)(4) of the Floyd D. Spence National

25 Defense Authorization Act for Fiscal Year 2001 (as enacted
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1 in Public Law 106–398; 114 Stat. 1654A–342) is

2 amended—

3 (1) in the matter preceding subparagraph (A)—

4 (A) by striking ‘‘audits’’ and all that fol5 lows through ‘‘conducted’’ and inserting ‘‘means

6 (including program management, audits, exami7 nations, and other means) used’’; and

8 (B) by striking ‘‘and that such assistance is

9 being used for its intended purpose’’ and insert10 ing ‘‘, that such assistance is being used for its

11 intended purpose, and that such assistance is

12 being used efficiently and effectively’’;

13 (2) in subparagraph (C), by inserting ‘‘and an

14 assessment of whether the assistance being provided is

15 being used effectively and efficiently’’ before the semi16 colon; and

17 (3) in subparagraph (D), by striking ‘‘audits, ex18 aminations, and other’’.

19 SEC. 1308. REPORT ON RESPONSIBILITY FOR CARRYING

20 OUT COOPERATIVE THREAT REDUCTION PRO21 GRAMS.

22 Not later than March 15, 2002, the Secretary of De23 fense shall submit to Congress a report describing—

24 (1) the rationale for executing Cooperative

25 Threat Reduction programs under the auspices of the
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1 Department of Defense and the justification for main2 taining responsibility for any particular project car3 ried out through Cooperative Threat Reduction pro4 grams with the Department of Defense;

5 (2) options for transferring responsibility for

6 carrying out Cooperative Threat Reduction programs

7 to an executive agency (or agencies) other than the

8 Department of Defense, if appropriate; and

9 (3) how such a transfer might be carried out.

10 SEC. 1309. CHEMICAL WEAPONS DESTRUCTION.

11 Section 1305 of the National Defense Authorization

12 Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat.

13 794) is amended by inserting before the period at the end

14 the following: ‘‘until the Secretary of Defense submits to

15 Congress a certification that there has been—

16 ‘‘(1) full and accurate disclosure by Russia of the

17 size of its existing chemical weapons stockpile;

18 ‘‘(2) a demonstrated annual commitment by

19 Russia to allocate at least $25,000,000 to chemical

20 weapons elimination;

21 ‘‘(3) development by Russia of a practical plan

22 for destroying its stockpile of nerve agents;

23 ‘‘(4) enactment of a law by Russia that provides

24 for the elimination of all nerve agents at a single site;

25 and
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1 ‘‘(5) an agreement by Russia to destroy its chem2 ical weapons production facilities at Volgograd and

3 Novocheboksark’’.

4 TITLE XIV—DEFENSE SPACE

5 REORGANIZATION

6 SEC. 1401. SHORT TITLE.

7 This title may be cited as the ‘‘Defense Space Reorga8 nization Act of 2001’’.

9 SEC. 1402. AUTHORITY TO ESTABLISH POSITION OF UNDER

10 SECRETARY OF DEFENSE FOR SPACE, INTEL11 LIGENCE, AND INFORMATION.

12 (a) AUTHORITY TO ESTABLISH POSITION.—The Presi13 dent may establish in the Department of Defense the posi14 tion of Under Secretary of Defense for Space, Intelligence,

15 and Information. If that position is so established, the

16 Under Secretary of Defense for Space, Intelligence, and In17 formation shall perform duties and exercise powers as set

18 forth in section 137 of title 10, United States Code, as added

19 by subsection (e).

20 (b) DEADLINE FOR EXERCISE OF AUTHORITY.—The

21 authority provided in subsection (a) may not be exercised

22 after December 31, 2003.

23 (c) NOTICE OF EXERCISE OF AUTHORITY.—(1) If the

24 authority provided in subsection (a) is exercised, the Presi25 dent shall immediately submit to Congress notification in
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1 writing of the establishment of the position of Under Sec2 retary of Defense for Space, Intelligence, and Information,

3 together with the date as of which the position is established.

4 If the President declines to exercise the authority provided

5 in subsection (a), the President shall, before the date speci6 fied in subsection (b), submit to Congress a report on how

7 the President has implemented the recommendations of the

8 report of the Space Commission with respect to the Depart9 ment of Defense.

10 (2) For purposes of paragraph (1), the term ‘‘report

11 of the Space Commission’’ means the report of the Commis12 sion To Assess United States National Security Space Man13 agement and Organization, dated January 11, 2001, and

14 submitted to Congress under section 1623 of the National

15 Defense Authorization Act for Fiscal Year 2000 (Public

16 Law 106–65; 113 Stat. 815).

17 (d) CONTINGENT ENACTMENT OF U.S. CODE AMEND18 MENTS.—If the position of Under Secretary of Defense for

19 Space, Intelligence, and Information is established under

20 the authority provided in subsection (a), then the amend21 ments set forth in subsections (e) and (f) shall be executed,

22 effective as of the date specified in the notice submitted

23 under the first sentence of subsection (c)(1). Otherwise, those

24 amendments shall not be executed.
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1 (e) APPOINTMENT, DUTIES, ETC., OF UNDER SEC2 RETARY.—(1) Subject to subsection (d), chapter 4 of title

3 10, United States Code, is amended—

4 (A) by redesignating section 137 as section 139a

5 and transferring such section (as so redesignated)

6 within such chapter so as to appear after section 139;

7 and

8 (B) by inserting after section 136 the following

9 new section 137:

10 ‘‘§ 137. Under Secretary of Defense for Space, Intel11 ligence, and Information

12 ‘‘(a) There is an Under Secretary of Defense for Space,

13 Intelligence, and Information, appointed from civilian life

14 by the President, by and with the advice and consent of

15 the Senate.

16 ‘‘(b) Subject to the authority, direction, and control of

17 the Secretary of Defense, the Under Secretary of Defense

18 for Space, Intelligence, and Information shall perform such

19 duties and exercise such powers relating to the space, intel20 ligence, and information programs and activities of the De21 partment of Defense as the Secretary of Defense may pre22 scribe.

23 ‘‘(c) The Secretary of Defense shall designate the Under

24 Secretary of Defense for Space, Intelligence, and Informa-
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1 tion as the Chief Information Officer of the Department of

2 Defense under section 3506(a)(2)(B) of title 44.

3 ‘‘(d) The Under Secretary of Defense for Space, Intel4 ligence, and Information takes precedence in the Depart5 ment of Defense after the Under Secretary of Defense for

6 Personnel and Readiness.’’.

7 (2) Subject to subsection (d), section 131(b) of that title

8 is amended—

9 (A) by redesignating paragraphs (6) through

10 (11) as paragraphs (7) through (12), respectively; and

11 (B) by inserting after paragraph (5) the fol12 lowing new paragraph (6):

13 ‘‘(6) The Under Secretary of Defense for Space,

14 Intelligence, and Information.’’.

15 (3) Subject to subsection (d), the table of sections at

16 the beginning of chapter 4 of such title is amended—

17 (A) by striking the item relating to section 137

18 and inserting the following new item:

‘‘137. Under Secretary of Defense for Space, Intelligence, and Information.’’;

19 and

20 (B) by inserting after the item relating to section

21 139 the following new item:

‘‘139a. Director of Defense Research and Engineering.’’.

22 (f) ASSISTANT SECRETARIES OF DEFENSE.—Subject

23 to subsection (d), section 138 of such title is amended—
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1 (1) in subsection (a), by striking ‘‘nine’’ and in2 serting ‘‘eleven’’; and

3 (2) in subsection (b), by inserting after para4 graph (2) the following new paragraph:

5 ‘‘(3) Not more than three of the Assistant Secretaries

6 may be assigned duties under the authority of the Under

7 Secretary of Defense for Space, Intelligence, and Informa8 tion and shall report to that Under Secretary.’’.

9 (g) REPORT.—Not later than 30 days before exercising

10 the authority provided in subsection (a), the President shall

11 submit to Congress a report on the proposed organization

12 of the office of the Under Secretary of Defense for Space,

13 Intelligence, and Information. If such a report has not been

14 submitted as of April 15, 2002, the President shall submit

15 to Congress a report, not later than that date, setting forth

16 the President’s view as of that date of the desirability of

17 establishing the position of Under Secretary of Defense for

18 Space, Intelligence, and Information in the Department of

19 Defense.
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1 SEC. 1403. AUTHORITY TO DESIGNATE UNDER SECRETARY

2 OF THE AIR FORCE AS ACQUISITION EXECU3 TIVE FOR SPACE OF THE DEPARTMENT OF

4 DEFENSE.

5 (a) EXECUTIVE AGENT.—Part IV of subtitle A of title

6 10, United States Code, is amended by inserting after chap7 ter 134 the following new chapter:

8 ‘‘CHAPTER 135—SPACE PROGRAMS

‘‘Sec.

‘‘2271. Executive agent.

9 ‘‘§ 2271. Executive agent

10 ‘‘(a) SECRETARY OF THE AIR FORCE.—The Secretary

11 of the Air Force may be designated as the executive agent

12 of the Department of Defense—

13 ‘‘(1) for the planning of the acquisition pro14 grams, projects, and activities of the Department that

15 relate to space; and

16 ‘‘(2) for the execution of those programs, projects,

17 and activities.

18 ‘‘(b) ACQUISITION EXECUTIVE.—The Secretary may

19 designate the Under Secretary of the Air Force as the acqui20 sition executive of the Air Force for the programs, projects,

21 and activities referred to in subsection (a).’’.

22 (b) CLERICAL AMENDMENT.—The tables of chapters at

23 the beginning of such subtitle and the beginning of part IV
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1 of such subtitle are amended by inserting after the item re2 lating to chapter 134 the following new item:

‘‘135. Space Programs ............................................................................ 2271’’.

3 SEC. 1404. MAJOR FORCE PROGRAM CATEGORY FOR SPACE

4 PROGRAMS.

5 (a) REQUIREMENT.—The Secretary of Defense may

6 create a major force program category for space programs

7 for purposes of the future-years defense program under sec8 tion 221 of title 10, United States Code.

9 (b) COMMENCEMENT.—If the category under subsection

10 (a) is created, such category shall be included in each fu11 ture-years defense program submitted to Congress under

12 section 221 of title 10, United States Code, in fiscal years

13 after fiscal year 2002.

14 SEC. 1405. COMPTROLLER GENERAL ASSESSMENT OF IM15 PLEMENTATION OF RECOMMENDATIONS OF

16 SPACE COMMISSION.

17 (a) ASSESSMENT.—(1) The Comptroller General shall

18 carry out an assessment through February 15, 2003, of the

19 actions taken by the Secretary of Defense in implementing

20 the recommendations in the report of the Space Commission

21 that are applicable to the Department of Defense.

22 (2) For purposes of paragraph (1), the term ‘‘report

23 of the Space Commission’’ means the report of the Commis24 sion To Assess United States National Security Space Man25 agement and Organization, dated January 11, 2001, and
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1 submitted to Congress under section 1623 of the National

2 Defense Authorization Act for Fiscal Year 2000 (Public

3 Law 106–65; 113 Stat. 815).

4 (b) REPORTS.—Not later than February 15 of each of

5 2002 and 2003, the Comptroller General shall submit to the

6 Committee on Armed Services of the Senate and the Com7 mittee on Armed Services of the House of Representatives

8 a report on the assessment carried out under subsection (a).

9 Each report shall set forth the results of the assessment as

10 of the date of such report.

11 SEC. 1406. COMMANDER OF AIR FORCE SPACE COMMAND.

12 (a) IN GENERAL.—Chapter 845 of title 10, United

13 States Code, is amended by adding at the end the following

14 new section:

15 ‘‘§ 8584. Commander of Air Force Space Command

16 ‘‘The Secretary of Defense may require that the officer

17 serving as commander of the Air Force Space Command

18 not serve simultaneously as commander of the United States

19 Space Command (or any successor combatant command

20 with responsibility for space) or as commander of the

21 United States element of the North American Air Defense

22 Command.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections at

24 the beginning of such chapter is amended by adding at the

25 end the following new item:

‘‘8584. Commander of Air Force Space Command.’’.
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1 SEC. 1407. AUTHORITY TO ESTABLISH SEPARATE CAREER

2 FIELD IN THE AIR FORCE FOR SPACE.

3 The Secretary of the Air Force, acting through the

4 Under Secretary of the Air Force, may establish and imple5 ment policies and procedures to develop a cadre of tech6 nically competent officers with the capability to develop

7 space doctrine, concepts of space operations, and manage8 ment of space systems for the Air Force.

9 SEC. 1408. RELATIONSHIP TO AUTHORITIES AND RESPON10 SIBILITIES OF DIRECTOR OF CENTRAL INTEL11 LIGENCE.

12 Nothing in this title or the amendments made by this

13 title shall modify, alter, or supersede the authorities and

14 responsibilities of the Director of Central Intelligence.

15 TITLE XV—ACTIVITIES TO

16 COMBAT TERRORISM

17 Subtitle A—Increased Funding to

18 Combat Terrorism

19 SEC. 1501. INCREASED FUNDING.

20 (a) IN GENERAL.—The amount provided in section

21 301(5) for Operation and Maintenance, Defense-wide Ac22 tivities, is hereby increased by $400,000,000, to be available

23 as follows:

24 (1) INTELLIGENCE PROGRAMS.—For increased

25 situational awareness and upgrades to intelligence
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1 programs to enhance United States security posture,

2 $100,000,000.

3 (2) ANTI-TERRORISM INITIATIVES.—For en4 hanced anti-terrorism and force protection initiatives

5 to reduce vulnerabilities at United States military in6 stallations and facilities in the United States and

7 worldwide, $150,000,000.

8 (3) COUNTER-TERRORISM INITIATIVES.—For of9 fensive counter-terrorism initiatives, $100,000,000.

10 (4) CONSEQUENCE MANAGEMENT ACTIVITIES.—

11 For consequence management activities, $50,000,000.

12 (b) TRANSFER AUTHORITY.—The amounts specified in

13 subsection (a) are available for transfer to other current ac14 counts of the Department of Defense, as determined by the

15 Secretary of Defense.

16 (c) OFFSETTING REDUCTIONS.—

17 (1) The amount provided in section 201(4) for

18 Research, Development, Test, and Evaluation, De19 fense-Wide is hereby reduced by $265,000,000, to be

20 derived from amounts for the Ballistic Missile Defense

21 Organization, of which—

22 (A) $145,000,000 shall be derived from the

23 Mid-Course Defense Segment program element

24 (PE603882C); and
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1 (B) $120,000,000 shall be derived from the

2 Boost Phase Defense Segment program element

3 (PE603883C) for space-based activities.

4 (2) The amount provided in section 301(5) for

5 Operation and Maintenance, Defense-wide Activities,

6 is hereby reduced by $135,000,000, to be derived from

7 amounts for consulting services.

8 SEC. 1502. TREATMENT OF TRANSFERRED AMOUNTS.

9 Funds transferred under authority of section 1501(a)

10 shall be merged with, and shall be available for the same

11 time period as, the appropriations to which transferred.

12 The transfer authority under that section is in addition to

13 the transfer authority provided by section 1001.

14 Subtitle B—Policy Matters Relating

15 to Combating Terrorism

16 SEC. 1511. ASSESSMENT OF DEPARTMENT OF DEFENSE

17 ABILITY TO RESPOND TO TERRORIST AT18 TACKS.

19 (a) ASSESSMENT.—The Secretary of Defense shall con20 duct an assessment of the ability of the Department of De21 fense to provide support for the consequence management

22 activities of other Federal, State, and local agencies, di23 rectly taking into account the terrorist attacks on the

24 United States on September 11, 2001, and the changed situ25 ation regarding terrorism.
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1 (b) RECOMMENDATIONS.—The Secretary of Defense

2 shall submit to the President and Congress a report pro3 viding recommendations for ways to enhance the ability of

4 the Department of Defense to provide support described in

5 subsection (a). The report shall address the recommenda6 tions made by the Vice President in his report to the Presi7 dent on the development of a coordinated national effort to

8 improve national preparedness, including efforts to combat

9 terrorism, as directed by the President in May 2001. The

10 report shall be submitted not later than 60 days after the

11 date on which the Vice President submits to the President

12 the report under the preceding sentence.

13 SEC. 1512. REPORT ON DEPARTMENT OF DEFENSE ABILITY

14 TO PROTECT THE UNITED STATES FROM AIR15 BORNE THREATS.

16 Not later than 120 days after the date of the enactment

17 of this Act, the Secretary of Defense shall submit to Congress

18 a report on the ability of the Department of Defense to pro19 tect the United States from airborne threats, including

20 threats originating from within the borders of the United

21 States. The report shall identify improvements that can be

22 made to enhance the security of the American people

23 against these threats and shall recommend actions, includ24 ing legislative proposals, designed to address and overcome

25 existing vulnerabilities.
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1 SEC. 1513. ESTABLISHMENT OF COMBATING TERRORISM AS

2 A NATIONAL SECURITY MISSION.

3 Section 108(b)(2) of the National Security Act of 1947

4 (50 U.S.C. 404a(b)(2)) is amended by inserting ‘‘, includ5 ing acts of terrorism,’’ after ‘‘aggression’’.

6 SEC. 1514. DEPARTMENT OF DEFENSE COORDINATION

7 WITH FEMA AND FBI.

8 The Secretary of Defense shall seek an agreement with

9 the Director of the Federal Bureau of Investigation and the

10 Director of Federal Emergency Management Agency that

11 clarifies the roles of Department of Defense Weapons of

12 Mass Destruction Civil Support Teams in relation to both

13 agencies with respect to coordination of the roles and mis14 sions of those teams in support of crisis management and

15 consequence management efforts.

16 DIVISION B—MILITARY CON17 STRUCTION AUTHORIZA18 TIONS

19 SEC. 2001. SHORT TITLE; DEFINITION.

20 (a) SHORT TITLE.—This division may be cited as the

21 ‘‘Military Construction Authorization Act for Fiscal Year

22 2002’’.

23 (b) DEFINITION OF FISCAL YEAR 2001 DEFENSE AU24 THORIZATION ACT.—In this division, the term ‘‘Spence

25 Act’’ means the Floyd D. Spence National Defense Author-
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1 ization Act for Fiscal Year 2001, as enacted into law by

2 Public Law 106–398 (114 Stat. 1654).

3 TITLE XXI—ARMY

4 SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND

5 ACQUISITION PROJECTS.

6 (a) INSIDE THE UNITED STATES.—Using amounts ap7 propriated pursuant to the authorization of appropriations

8 in section 2104(a)(1), the Secretary of the Army may ac9 quire real property and carry out military construction

10 projects for the installations and locations inside the United

11 States, and in the amounts, set forth in the following table:

Army: Inside the United States

State Installation or location Amount

Alabama ................................. Anniston Army Depot ...................... $5,150,000

Fort Rucker ....................................... $11,400,000

Redstone Arsenal .............................. $7,200,000

Alaska ..................................... Fort Richardson ............................... $97,000,000

Fort Wainwright .............................. $27,200,000

Arizona ................................... Fort Huachuca ................................. $6,100,000

Yuma Proving Ground .................... $3,100,000

California ............................... Defense Language Institute ............. $5,900,000

Fort Irwin ......................................... $23,000,000

Colorado ................................. Fort Carson ....................................... $66,000,000

District of Columbia ............. Fort McNair ...................................... $11,600,000

Georgia ................................... Fort Benning .................................... $23,900,000

Fort Gillem ....................................... $43,600,000

Fort Gordon ...................................... $34,000,000

Fort Stewart/Hunter Army Air

Field .............................................. $39,800,000

Hawaii ................................... Navy Public Works Center, Pearl

Harbor ........................................... $11,800,000

Pohakuloa Training Facility .......... $5,100,000

Wheeler Army Air Field .................. $50,000,000

Kansas .................................... Fort Riley ......................................... $10,900,000

Kentucky ................................ Fort Campbell ................................... $88,900,000

Louisiana ............................... Fort Polk ........................................... $21,200,000

Maryland ............................... Aberdeen Proving Ground ............... $58,300,000

Fort Meade ........................................ $5,800,000

Fort Leonard Wood .......................... $12,250,000

New Jersey ............................. Fort Monmouth ................................ $20,000,000

Picatinny Arsenal ............................ $10,200,000

New Mexico ............................ White Sands Missile Range ............. $7,600,000

New York ................................ Fort Drum ........................................ $59,350,000

North Carolina ...................... Fort Bragg ........................................ $21,300,000

Sunny Point Military Ocean Terminal ............................................. $11,400,000

Oklahoma ............................... Fort Sill ............................................ $5,100,000
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Army: Inside the United States—Continued

State Installation or location Amount

South Carolina ...................... Fort Jackson ..................................... $3,650,000

Texas ...................................... Corpus Christi Army Depot ............ $10,400,000

Fort Sam Houston ........................... $9,650,000

Fort Bliss .......................................... $5,000,000

Fort Hood ......................................... $104,200,000

Virginia .................................. Fort Belvoir ...................................... $35,950,000

Fort Eustis ........................................ $24,750,000

Fort Lee ............................................. $23,900,000

Washington ............................ Fort Lewis ......................................... $238,200,000

Total: ......................................... $1,300,710,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2104(a)(2), the Secretary of the Army may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Army: Outside the United States

Country Installation or location Amount

Germany .................................. Area Support Group, Bamberg ......... $36,000,000

Area Support Group, Darmstadt ...... $13,500,000

Baumholder ......................................... $9,000,000

Hanau................................................. $7,200,000

Heidelberg ........................................... $15,300,000

Mannheim ........................................... $16,000,000

Wiesbaden Air Base ........................... $26,300,000

Korea ........................................ Camp Carroll ...................................... $16,593,000

Camp Casey ........................................ $8,500,000

Camp Hovey ....................................... $35,750,000

Camp Humphreys .............................. $14,500,000

Camp Jackson ..................................... $6,100,000

Camp Stanley ..................................... $28,000,000

Kwajalein ................................. Kwajalein Atoll ................................... $11,000,000

Total: ........................................... $243,743,000

7 (c) UNSPECIFIED WORLDWIDE.—Using amounts ap8 propriated pursuant to the authorization of appropriations

9 in section 2104(a)(3), the Secretary of the Army may ac10 quire real property and carry out military construction
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1 projects for the installation and location, and in the amount

2 set forth in the following table:

Army: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ........... Classified Location ............................. $4,000,000

3 SEC. 2102. FAMILY HOUSING.

4 (a) CONSTRUCTION AND ACQUISITION.—Using

5 amounts appropriated pursuant to the authorization of ap6 propriations in section 2104(a)(6)(A), the Secretary of the

7 Army may construct or acquire family housing units (in8 cluding land acquisition) at the installations, for the pur9 poses, and in the amounts, set forth in the following table:

Army: Family Housing

State or Country Installation or location Purpose Amount

Alaska .............................. Fort Wainwright .................. 32 Units ....... $12,000,000

Arizona ............................ Fort Huachuca ..................... 72 Units ....... $10,800,000

Georgia ............................. Fort Stewart ......................... 160 Units ..... $2,500,000

Kansas ............................. Fort Leavenworth ................ 40 Units ....... $10,000,000

Texas ................................ Fort Bliss ............................. 76 Units ....... $13,600,000

Korea ................................ Camp Humphreys ............... 54 Units ....... $12,800,000

Total: ... $61,700,000

10 (b) PLANNING AND DESIGN.—Using amounts appro11 priated pursuant to the authorization of appropriations in

12 section 2104(a)(6)(A), the Secretary of the Army may carry

13 out architectural and engineering services and construction

14 design activities with respect to the construction or im15 provement of family housing units in an amount not to

16 exceed $11,592,000.
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1 SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING

2 UNITS.

3 Subject to section 2825 of title 10, United States Code,

4 and using amounts appropriated pursuant to the author5 ization of appropriations in section 2104(a)(6)(A), the Sec6 retary of the Army may improve existing military family

7 housing units in an amount not to exceed $220,750,000.

8 SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY.

9 (a) IN GENERAL.—Funds are hereby authorized to be

10 appropriated for fiscal years beginning after September 30,

11 2001, for military construction, land acquisition, and mili12 tary family housing functions of the Department of the

13 Army in the total amount of $3,018,077,000, as follows:

14 (1) For military construction projects inside the

15 United States authorized by section 2101(a),

16 $1,089,416,000.

17 (2) For military construction projects outside the

18 United States authorized by section 2101(b),

19 $243,743,000.

20 (3) For a military construction project at an un21 specified worldwide location authorized by section

22 2101(c), $4,000,000.

23 (4) For unspecified minor construction projects

24 authorized by section 2805 of title 10, United States

25 Code, $18,000,000.
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1 (5) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $163,676,000.

4 (6) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military

7 family housing and facilities, $294,576,000.

8 (B) For support of military family housing

9 (including the functions described in section

10 2833 of title 10, United States Code),

11 $1,102,732,000.

12 (7) For the construction of a cadet development

13 center at the United States Military Academy, West

14 Point, New York, authorized by section 2101(a) of the

15 Military Construction Authorization Act for Fiscal

16 Year 1999 (division B of Public Law 105–261, 112

17 Stat. 2182), $37,900,000.

18 (8) For the construction of phase 2C of a bar19 racks complex, Tagaytay Street, at Fort Bragg, North

20 Carolina, authorized by section 2101(a) of the Mili21 tary Construction Authorization Act for Fiscal Year

22 2000 (division B of Public Law 106–65; 113 Stat.

23 825), $17,500,000.

24 (9) For the construction of phase 1C of a bar25 racks complex, Wilson Street, at Schofield Barracks,
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1 Hawaii, authorized by section 2101(a) of the Military

2 Construction Authorization Act for Fiscal Year 2000

3 (division B of Public Law 106–65, 113 Stat. 825),

4 $23,000,000.

5 (10) For construction of phase 2 of a basic com6 bat training complex at Fort Leonard Wood, Mis7 souri, authorized by section 2101(a) of the Military

8 Construction Authorization Act for Fiscal Year 2001

9 (division B of the Spence Act; 114 Stat. 1654A–389),

10 as amended by section 2105 of this Act, $27,000,000.

11 (11) For the construction of phase 2 of a battle

12 simulation center at Fort Drum, New York, author13 ized by section 2101(a) of the Military Construction

14 Authorization Act for Fiscal Year 2001 (division B of

15 the Spence Act; 114 Stat. 1654A–389), as amended by

16 section 2105 of this Act, $9,000,000.

17 (12) For the construction of phase 1 of a bar18 racks complex, Butner Road, at Fort Bragg, North

19 Carolina, authorized by section 2101(a) of the Mili20 tary Construction Authorization Act for Fiscal Year

21 2001 (division B of the Spence Act; 114 Stat. 1654A–

22 389), $49,000,000.

23 (13) For the construction of phase 1 of a bar24 racks complex, Longstreet Road, at Fort Bragg, North

25 Carolina, authorized by section 2101(a) of the Mili-
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1 tary Construction Authorization Act for Fiscal Year

2 2001 (division B of the Spence Act; 114 Stat. 1654A–

3 389), $27,000,000.

4 (14) For the construction of a multipurpose dig5 ital training range at Fort Hood, Texas, authorized

6 by section 2101(a) of the Military Construction Au7 thorization Act for Fiscal Year 2001 (division B of

8 the Spence Act; 114 Stat. 1654A–389), as amended by

9 section 2105 of this Act, $13,000,000.

10 (15) For the homeowners assistance program, as

11 authorized by section 2832(a) of title 10, United

12 States Code, $10,119,000, to remain available until

13 expended.

14 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

15 PROJECTS.—Notwithstanding the cost variations author16 ized by section 2853 of title 10, United States Code, and

17 any other cost variation authorized by law, the total cost

18 of all projects carried out under section 2101 of this Act

19 may not exceed—

20 (1) The total amount authorized to be appro21 priated under paragraphs (1), (2), (3) of subsection

22 (a);

23 (2) $52,000,000 (the balance of the amount au24 thorized under section 2201 (a) for construction of a
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1 barracks complex, D Street, at Fort Richardson, Alas2 ka);

3 (3) $41,000,000 (the balance of the amount au4 thorized under section 2201 (a) for construction of

5 phase 1 of a barracks complex, Nelson Blvd, at Fort

6 Carson, Colorado);

7 (4) $36,000,000 (the balance of the amount au8 thorized under section 2201 (a) for construction of

9 phase 1 of a basic combat training complex at Fort

10 Jackson, South Carolina); and

11 (5) $102,000,000 (the balance of the amount au12 thorized under section 2201 (a) for construction of a

13 barracks complex, 17th & B Streets, at Fort Lewis,

14 Washington).

15 (c) ADJUSTMENT.—The total amount authorized to be

16 appropriated pursuant to paragraphs (1) through (15) of

17 subsection (a) is the sum of the amounts authorized to be

18 appropriated in such paragraphs, reduced by—

19 (1) $36,168,000, which represents the combina20 tion of savings resulting from adjustments to foreign

21 currency exchange rates for military construction out22 side the United States; and

23 (2) $75,417,000, which represents the combina24 tion of savings resulting from adjustments to foreign

25 currency exchange rates for military family housing
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1 construction and military family housing support

2 outside the United States.

3 SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT

4 CERTAIN FISCAL YEAR 2001 PROJECTS.

5 (a) MODIFICATION.—The table in section 2101(a) of

6 the Military Construction Authorization Act for Fiscal Year

7 2001 (division B of the Spence Act; 114 Stat. 1654A–389)

8 is amended—

9 (1) in the item relating to Fort Leonard Wood,

10 Missouri, by striking ‘‘$65,400,000’’ in the amount

11 column and inserting ‘‘$69,400,000’’;

12 (2) in the item relating to Fort Drum, New

13 York, by striking ‘‘$18,000,000’’ in the amount col14 umn and inserting ‘‘$21,000,000’’;

15 (3) in the item relating to Fort Hood, Texas, by

16 striking ‘‘$36,492,000’’ in the amount column and in17 serting ‘‘$39,492,000’’; and

18 (4) by striking the amount identified as the total

19 in the amount column and inserting ‘‘$623,074,000’’.

20 (b) CONFORMING AMENDMENTS.—Section 2104 of that

21 Act (114 Stat. 1654A–391) is amended—

22 (1) in subsection (a), in the matter preceding

23 paragraph (1), by striking ‘‘$1,925,344,000’’ and in24 serting ‘‘$1,935,744,000’’;
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1 (2) in subsection (b)(2), by striking

2 ‘‘$22,600,000’’ and inserting ‘‘$27,000,000’’;

3 (3) in subsection (b)(3), by striking

4 ‘‘$10,000,000’’ and inserting ‘‘$13,000,000’’; and

5 (4) in subsection (b)(6), by striking ‘‘$6,000,000’’

6 and inserting ‘‘$9,000,000’’.

7 TITLE XXII—NAVY

8 SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND

9 ACQUISITION PROJECTS.

10 (a) INSIDE THE UNITED STATES.—Using amounts ap11 propriated pursuant to the authorization of appropriations

12 in section 2204(a)(1), the Secretary of the Navy may ac13 quire real property and carry out military construction

14 projects for the installations and locations inside the United

15 States, and in the amounts, set forth in the following table:

Navy: Inside the United States

State Installation or location Amount

Arizona ............................. Marine Corps Air Station, Yuma ............. $22,570,000

California ......................... Marine Air-Ground Task Force Training

Center, Twentynine Palms .................... $75,125,000

Marine Corps Air Station, Camp Pendleton ....................................................... $4,470,000

Marine Corps Air Station, Miramar ........ $3,680,000

Marine Corps Base, Camp Pendleton ....... $96,490,000

Naval Air Facility, El Centro ................... $23,520,000

Naval Air Station, Lemoore ...................... $10,010,000

Naval Air Warfare Center, China Lake ... $30,200,000

Naval Air Warfare Center, Point Mugu,

San Nicholas Island ............................... $13,730,000

Naval Amphibious Base, Coronado ........... $8,610,000

Naval Construction Battalion Center,

Port Hueneme ......................................... $12,400,000

Naval Construction Training Center, Port

Hueneme .................................................. $3,780,000

Naval Station, San Diego .......................... $47,240,000

District of Columbia ....... Naval Air Facility, Washington ................ $9,810,000

Florida .............................. Naval Air Station, Key West ..................... $11,400,000

Naval Air Station, Whiting Field, Milton $2,140,000

Naval Station, Mayport ............................. $16,420,000

Naval Station, Pensacola ........................... $3,700,000

Hawaii ............................. Marine Corps Base, Kaneohe ..................... $24,920,000
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Navy: Inside the United States—Continued

State Installation or location Amount

Naval Magazine Lualualei ......................... $6,000,000

Naval Shipyard, Pearl Harbor ................. $20,000,000

Naval Station, Pearl Harbor ..................... $40,600,000

Navy Public Works Center, Pearl Harbor $16,900,000

Illinois .............................. Naval Training Center, Great Lakes ........ $82,260,000

Indiana ............................. Naval Surface Warfare Center, Crane ...... $14,930,000

Maine ................................ Naval Air Station, Brunswick .................. $67,395,000

Maryland .......................... Naval Air Warfare Center, Patuxent

River ........................................................ $2,260,000

Naval Air Warfare Center, St. Inigoes ..... $5,100,000

Naval Explosive Ordinance Disposal

Technology Center, Indian Head .......... $1,250,000

Mississippi ....................... Naval Construction Battalion Center,

Gulfport ................................................... $21,660,000

Naval Air Station, Meridian ..................... $3,400,000

Missouri ............................ Marine Corps Support Activity, Kansas

City .......................................................... $9,010,000

North Carolina ................ Marine Corps Air Station, New River ..... $4,050,000

Marine Corps Base, Camp Lejeune ........... $67,070,000

Pennsylvania ................... Naval Foundry and Propeller Center,

Philadelphia ............................................ $14,800,000

Rhode Island .................... Naval Station, Newport ............................. $15,290,000

South Carolina ................ Marine Corps Air Station, Beaufort ......... $8,020,000

Marine Corps Recruit Depot, Parris Island .......................................................... $5,430,000

Naval Hospital, Beaufort ........................... $7,600,000

Tennessee .......................... Naval Support Activity, Millington .......... $3,900,000

Texas ................................. Naval Air Station, Joint Reserve Base,

Ft. Worth ................................................. $9,060,000

Virginia ............................ Marine Corps Air Facility, Quantico ....... $3,790,000

Marine Corps Combat Dev Com ................ $9,390,000

Naval Amphibious Base, Little Creek ....... $9,090,000

Naval Station, Norfolk ............................... $139,270,000

Washington ...................... Naval Air Station, Whidbey Island .......... $3,470,000

Naval Shipyard, Bremerton ...................... $14,000,000

Naval Station, Everett ............................... $6,820,000

Strategic Weapons Facility, Bangor ......... $3,900,000

Total: ................................................... $1,038,920,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2204(a)(2), the Secretary of the Navy may

4 acquire real property and carry out military construction

5 projects for the locations outside the United States, and in

6 the amounts, set forth in the following table:

Navy: Outside the United States

Country Installation or location Amount

Greece ................................ Naval Support Activity Joint Headquarters Command, Larissa .................... $12,240,000

Naval Support Activity, Souda Bay .......... $3,210,000

Guam ................................ Naval Station, Guam ................................... $9,300,000
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Navy: Outside the United States—Continued

Country Installation or location Amount

Navy Public Works Center, Guam .............. $14,800,000

Iceland .............................. Naval Air Station, Keflavik ........................ $2,820,000

Italy .................................. Naval Air Station, Sigonella ....................... $3,060,000

Spain ................................ Naval Station, Rota ..................................... $2,240,000

Total: ..................................................... $47,670,000

1 SEC. 2202. FAMILY HOUSING.

2 (a) CONSTRUCTION AND ACQUISITION.—Using

3 amounts appropriated pursuant to the authorization of ap4 propriations in section 2204(a)(5)(A), the Secretary of the

5 Navy may construct or acquire family housing units (in6 cluding land acquisition) at the installations, for the pur7 poses, and in the amounts set forth in the following table:

Navy: Family Housing

State Installation or location Purpose Amount

Arizona ............................ Marine Corps Air Station,

Yuma ................................ 51 Units ....... $9,017,000

California ........................ Marine Air-Ground Task

Force Training Center,

Twentynine Palms ........... 74 Units ....... $16,250,000

Hawaii ............................. Marine Corps Base,

Kaneohe ............................ 172 Units ..... $46,996,000

Naval Station, Pearl Harbor ..................................... 70 Units ....... $16,827,000

Mississippi ....................... Naval Construction Battalion Center, Gulfport .... 160 Units ..... $23,354,000

Virginia ........................... Marine Corps Combat Development Command,

Quantico ........................... 81 Units ....... $10,000,000

Italy ................................. Naval Air Station,

Sigonella ........................... 10 Units ....... $2,403,000

Total: ... $124,847,000

8 (b) PLANNING AND DESIGN.—Using amounts appro9 priated pursuant to the authorization of appropriations in

10 section 2204(a)(5)(A), the Secretary of the Navy may carry

11 out architectural and engineering services and construction

12 design activities with respect to the construction or im-
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1 provement of military family housing units in an amount

2 not to exceed $6,499,000.

3 SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING

4 UNITS.

5 Subject to section 2825 of title 10, United States Code,

6 and using amounts appropriated pursuant to the author7 ization of appropriations in section 2204(a)(5)(A), the Sec8 retary of the Navy may improve existing military family

9 housing units in an amount not to exceed $201,834,000.

10 SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY.

11 (a) IN GENERAL.—Funds are hereby authorized to be

12 appropriated for fiscal years beginning after September 30,

13 2001, for military construction, land acquisition, and mili14 tary family housing functions of the Department of the

15 Navy in the total amount of $2,389,605,000, as follows:

16 (1) For military construction projects inside the

17 United States authorized by section 2201(a),

18 $980,018,000.

19 (2) For military construction projects outside the

20 United States authorized by section 2201(b),

21 $47,670,000.

22 (3) For unspecified minor construction projects

23 authorized by section 2805 of title 10, United States

24 Code, $10,546,000.
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1 (4) For architectural and engineering services

2 and construction design under section 2807 of title

3 10, United States Code, $35,392,000.

4 (5) For military family housing functions:

5 (A) For construction and acquisition, plan6 ning and design, and improvement of military

7 family housing and facilities, $332,352,000.

8 (B) For support of military housing (in9 cluding functions described in section 2833 of

10 title 10, United States Code), $913,823,000.

11 (6) For construction of phase 6 of a large

12 anachoic chamber facility at the Patuxent River

13 Naval Air Warfare Center, Maryland, authorized by

14 section 2201(a) of the Military Construction Author15 ization Act for Fiscal Year 1993 (division B of Public

16 Law 102–484; 106 Stat. 2590), $10,770,000.

17 (7) For construction of the Commander-in-Chief

18 Headquarters, Pacific Command, Camp H.M. Smith,

19 Hawaii, authorized by section 2201(a) of the Military

20 Construction Authorization Act for Fiscal Year 2000

21 (division B of Public Law 106–65; 113 Stat. 828), as

22 amended by section 2205, $37,580,000.

23 (8) For repair of a pier at Naval Station, San

24 Diego, California, authorized by section 2201(a) of

25 the Military Construction Authorization Act for Fis-
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1 cal Year 2001 (division B of the Spence Act; 114

2 Stat. 1654A–396), $17,500,000.

3 (9) For replacement of a pier at Naval Ship4 yard, Bremerton, Washington, authorized by section

5 2201(a) of the Military Construction Authorization

6 Act for Fiscal Year 2001 (division B of the Spence

7 Act; 114 Stat. 1654A–396), $24,460,000.

8 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

9 PROJECTS.—Notwithstanding the cost variations author10 ized by section 2853 of title 10, United States Code, and

11 any other cost variation authorized by law, the total cost

12 of all projects carried out under section 2201 of this Act

13 may not exceed—

14 (1) the total amount authorized to be appro15 priated under paragraphs (1) and (2) of subsection

16 (a);

17 (2) $33,240,000 (the balance of the amount au18 thorized under section 2201(a) for replacement of a

19 pier, increment I, at Naval Station, Norfolk, Vir20 ginia; and

21 (3) $20,100,000 (the balance of the amount au22 thorized under section 2201(a) for a combined propul23 sion and explosives lab at Naval Air Warfare Center,

24 China Lake, California).
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1 (c) ADJUSTMENT.—The total amount authorized to be

2 appropriated pursuant to paragraphs (1) through (9) of

3 subsection (a) is the sum of the amounts authorized to be

4 appropriated in such paragraphs, reduced by—

5 (1) $6,854,000, which represents the combination

6 of savings resulting from adjustments to foreign cur7 rency exchange rates for military construction outside

8 the United States; and

9 (2) $13,652,000, which represents the combina10 tion of savings resulting from adjustments to foreign

11 currency exchange rates for military family housing

12 construction and military family housing support

13 outside the United States.

14 SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT

15 CERTAIN FISCAL YEAR 2000 PROJECT.

16 (a) MODIFICATION.—The table in section 2201(a) of

17 the Military Construction Authorization Act for Fiscal Year

18 2000 (division B of Public Law 106–65; 113 Stat. 828) is

19 amended—

20 (1) in the item relating to Camp H.M. Smith,

21 Hawaii, by striking ‘‘$86,050,000’’ in the amount col22 umn and inserting ‘‘$89,050,000’’; and

23 (2) by striking the amount identified as the total

24 in the amount column and inserting ‘‘$820,230,000’’.
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1 (b) CONFORMING AMENDMENTS.—Section 2204 of that

2 Act (113 Stat. 830) is amended—

3 (1) in subsection (a), in the matter preceding

4 paragraph (1), by striking ‘‘$2,108,087,000’’ and in5 serting ‘‘$2,111,087,000’’; and

6 (2) in subsection (b)(3), by striking

7 ‘‘$70,180,000’’ and inserting ‘‘$73,180,000’’.

8 TITLE XXIII—AIR FORCE

9 SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND

10 LAND ACQUISITION PROJECTS.

11 (a) INSIDE THE UNITED STATES.—Using amounts ap12 propriated pursuant to the authorization of appropriations

13 in section 2304(a)(1), the Secretary of the Air Force may

14 acquire real property and carry out military construction

15 projects for the installations and locations inside the United

16 States, and in the amounts, set forth in the following table:

Air Force: Inside the United States

State Installation or location Amount

Alabama .................................... Maxwell Air Force Base ...................... $34,400,000

Alaska ....................................... Eareckson Air Force Base ................... $4,600,000

Elmendorf Air Force Base ................... $32,200,000

Arizona ..................................... Davis-Monthan Air Force Base .......... $23,500,000

Luke Air Force Base ............................ $4,500,000

Arkansas ................................... Little Rock Air Force Base .................. $10,600,000

California ................................. Beale Air Force Base ........................... $7,900,000

Edwards Air Force Base ..................... $21,300,000

Los Angeles Air Force Base ................. $23,000,000

Travis Air Force Base ......................... $10,100,000

Vandenberg Air Force Base ................. $11,800,000

Colorado .................................... Buckley Air Force Base ....................... $23,200,000

Schriever Air Force Base ..................... $30,400,000

United States Air Force Academy ...... $25,500,000

District of Columbia ................ Bolling Air Force Base ........................ $2,900,000

Florida ...................................... Cape Canaveral Air Force Station ..... $7,800,000

Eglin Air Force Base ........................... $11,400,000

Hurlburt Field ...................................... $10,400,000

MacDill Air Force Base ....................... $10,000,000

Tyndall Air Force Base ....................... $20,350,000

Georgia ...................................... Moody Air Force Base ......................... $4,900,000
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Air Force: Inside the United States—Continued

State Installation or location Amount

Robins Air Force Base ......................... $14,650,000

Hawaii ...................................... Hickman Air Force Base ..................... $6,300,000

Idaho ......................................... Mountain Home Air Force Base ......... $14,600,000

Kansas ...................................... McConnell Air Force Base ................... $5,100,000

Maryland .................................. Andrews Air Force Base ...................... $19,420,000

Massachusetts ........................... Hanscom Air Force Base ..................... $9,400,000

Mississippi ................................ Keesler Air Force Base ......................... $28,600,000

Nevada ...................................... Nellis Air Force Base ........................... $12,600,000

New Jersey ................................ McGuire Air Force Base ...................... $36,550,000

New Mexico ............................... Cannon Air Force Base ....................... $9,400,000

Kirtland Air Force Base ...................... $19,800,000

North Carolina ......................... Pope Air Force Base ............................ $17,800,000

North Dakota ............................ Grand Forks Air Force Base ............... $7,800,000

Ohio ........................................... Wright-Patterson Air Force Base ....... $5,800,000

Oklahoma .................................. Altus Air Force Base ............................ $20,200,000

Tinker Air Force Base ......................... $17,700,000

South Carolina ......................... Shaw Air Force Base ........................... $24,400,000

Tennessee ................................... Arnold Air Force Base ......................... $24,400,000

Texas ......................................... Lackland Air Force Base ..................... $12,800,000

Laughlin Air Force Base ..................... $15,600,000

Sheppard Air Force Base .................... $45,200,000

Utah .......................................... Hill Air Force Base ............................. $44,000,000

Virginia .................................... Langley Air Force Base ....................... $47,300,000

Washington ............................... Fairchild Air Force Base ..................... $2,800,000

McChord Air Force Base ..................... $20,700,000

Wyoming ................................... F E Warren Air Force Base ................ $10,200,000

Total: ............................................. $822,320,000

1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(2), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Air Force: Outside the United States

Country Installation or location Amount

Germany ................................... Ramstein Air Force Base .................... $42,900,000

Spangdahlem Air Base ........................ $8,700,000

Greenland ................................. Thule ..................................................... $19,000,000

Guam ........................................ Andersen Air Force Base ..................... $10,150,000

Italy .......................................... Aviano Air Base ................................... $11,800,000

Korea ......................................... Kunsan Air Base .................................. $12,000,000

Osan Air Base ...................................... $101,142,000

Turkey ....................................... Eskisehir ............................................... $4,000,000

United Kingdom ...................... Royal Air Force, Lakenheath .............. $11,300,000

Royal Air Force, Mildenhall ............... $22,400,000
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Air Force: Outside the United States—Continued

Country Installation or location Amount

Wake Island .............................. Wake Island .......................................... $25,000,000

Total: ............................................. $268,392,000

1 (c) UNSPECIFIED WORLDWIDE.—Using the amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2304(a)(3), the Secretary of the Air Force

4 may acquire real property and carry out military construc5 tion projects for the installation and location and in the

6 amounts, set forth in the following table:

Air Force: Unspecified Worldwide

Location Installation Amount

Unspecified Worldwide ............ Classified Location ............................... $4,458,000

7 SEC. 2302. FAMILY HOUSING.

8 (a) CONSTRUCTION AND ACQUISITION.—Using

9 amounts appropriated pursuant to the authorization of ap10 propriations in section 2304(a)(7)(A), the Secretary of the

11 Air Force may construct or acquire family housing units

12 (including land acquisition) at the installations, for the

13 purposes, and in the amounts, set forth in the following

14 table:

Air Force: Family Housing

State Installation or location Purpose Amount

Arizona ........................... uke Air Force Base ............. 120 Units ..... $15,712,000

California ....................... Travis Air Force Base ........ 118 Units ..... $18,150,000

Colorado .......................... Buckley Air Force Base ...... 55 Units ....... $11,400,000

Delaware ......................... Dover Air Force Base ......... 120 Units ..... $18,145,000

District of Columbia ...... Bolling Air Force Base ....... 136 Units ..... $16,926,000

Hawaii ........................... Hickam Air Force Base ...... 102 Units ..... $25,037,000

Louisiana ....................... Barksdale Air Force Base .. 56 Units ....... $7,300,000

South Dakota ................. Ellsworth Air Force Base ... 78 Units ....... $13,700,000

Virginia .......................... Langley Air Force Base ..... 4 Units ......... $1,200,000

Portugal .......................... Lajes Field, Azores .............. 64 Units ....... $13,230,000
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Air Force: Family Housing—Continued

State Installation or location Purpose Amount

Total: ... $140,800,000

1 (b) PLANNING AND DESIGN.—Using amounts appro2 priated pursuant to the authorization of appropriations in

3 section 2304(a)(7)(A), the Secretary of the Air Force may

4 carry out architectural and engineering services and con5 struction design activities with respect to the construction

6 or improvement of military family housing units in an

7 amount not to exceed $24,558,000.

8 SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING

9 UNITS.

10 Subject to section 2825 of title 10, United States Code,

11 and using amounts appropriated pursuant to the author12 ization of appropriations in section 2304(a)(7)(A), the Sec13 retary of the Air Force may improve existing military fam14 ily housing units in an amount not to exceed $370,879,000.

15 SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR

16 FORCE.

17 (a) IN GENERAL.—Funds are hereby authorized to be

18 appropriated for fiscal years beginning after September 30,

19 2001, for military construction, land acquisition, and mili20 tary family housing functions of the Department of the Air

21 Force in the total amount of $2,526,034,000 as follows:
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1 (1) For military construction projects inside the

2 United States authorized by section 2301(a),

3 $806,020,000.

4 (2) For military construction projects outside the

5 United States authorized by section 2301(b),

6 $268,392,000.

7 (3) For the military construction projects at un8 specified worldwide locations authorized by section

9 2301(c), $4,458,000.

10 (4) For unspecified minor construction projects

11 authorized by section 2805 of title 10, United States

12 Code, $11,250,000.

13 (5) For architectural and engineering services

14 and construction design under section 2807 of title

15 10, United States Code, $84,630,000.

16 (6) For military housing functions:

17 (A) For construction and acquisition, plan18 ning and design, and improvement of military

19 family housing and facilities, $536,237,000.

20 (B) For support of military family housing

21 (including functions described in section 2833 of

22 title 10, United States Code), $866,171,000.

23 (7) $12,600,000 for construction of an air freight

24 terminal and base supply complex at McGuire Air

25 Force Base, New Jersey, authorized by section
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1 2301(a) of the Military Construction Authorization

2 Act for Fiscal Year 2001 (division B of the Spence

3 Act; 114 Stat. 1654A–399), as amended by section

4 2305.

5 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

6 PROJECTS.—Notwithstanding the cost variations author7 ized by section 2853 of title 10, United States Code, and

8 any other cost variation authorized by law, the total cost

9 of all projects carried out under section 2301 of this Act

10 may not exceed—

11 (1) the total amount authorized to be appro12 priated under paragraphs (1), (2), and (3) of sub13 section (a); and

14 (2) $12,000,000 (the balance of the amount au15 thorized under section 2301(a) for a maintenance

16 depot hanger at Hill Air Force Base, Utah).

17 (c) ADJUSTMENT.—The total amount authorized to be

18 appropriated pursuant to paragraphs (1) through (7) of

19 subsection (a) is the sum of the amounts authorized to be

20 appropriated in such paragraphs, reduced by—

21 (1) $15,846,000, which represents the combina22 tion of savings resulting from adjustments to foreign

23 currency exchange rates for military construction out24 side the United States; and
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1 (2) $47,878,000, which represents the combina2 tion of savings resulting from adjustments to foreign

3 currency exchange rates for military family housing

4 construction and military family housing support

5 outside the United States.

6 SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT

7 CERTAIN FISCAL YEAR 2001 PROJECT.

8 (a) MODIFICATION.—The table in section 2301(a) of

9 the Military Construction Authorization Act for Fiscal Year

10 2001 (division B of the Spence Act; 114 Stat. 1654A–399)

11 is amended—

12 (1) in the item relating to McGuire Air Force

13 Base, New Jersey, by striking ‘‘$29,772,000’’ in the

14 amount column and inserting ‘‘$32,972,000’’; and

15 (2) by striking the amount identified as the total

16 in the amount column and inserting ‘‘$748,955,000’’.

17 (b) CONFORMING AMENDMENTS.—Section 2304(b)(2)

18 of that Act (114 Stat. 1654A–402) is amended by striking

19 ‘‘$9,400,000’’ and inserting ‘‘$12,600,000’’.

20 TITLE XXIV—DEFENSE

21 AGENCIES

22 SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUC23 TION AND LAND ACQUISITION PROJECTS.

24 (a) INSIDE THE UNITED STATES.—Using amounts ap25 propriated pursuant to the authorization of appropriations
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1 in section 2403(a)(1), the Secretary of Defense may acquire

2 real property and carry out military construction projects

3 for the installations and locations inside the United States,

4 and in the amounts, set forth in the following table:

Defense Agencies: Inside the United States

Agency Installation or location Amount

Chemical Demilitarization ...... Blue Grass Army Depot, Kentucky .... $47,220,000

Defense Education Activity ..... Laurel Bay, South Carolina ............... $12,850,000

Marine Corps Base, Camp LeJeune,

North Carolina ................................. $8,857,000

Defense Logistics Agency ......... Defense Distribution Depot Tracy,

California ......................................... $30,000,000

Defense Distribution New Cumberland, Pennsylvania ..................... $19,900,000

Eielson Air Force Base, Alaska .......... $8,800,000

Fort Belvoir, Virginia .......................... $900,000

Grand Forks Air Force Base, North

Dakota ............................................... $9,110,000

Hickam Air Force Base, Hawaii ........ $29,200,000

McGuire Air Force Base, New Jersey $4,400,000

Minot Air Force Base, North Dakota $14,000,000

Philadelphia, Pennsylvania ................ $2,429,000

Pope Air Force Base, North Carolina $3,400,000

Special Operations Command Aberdeen Proving Ground, Maryland $3,200,000

Fort Benning, Georgia ......................... $5,100,000

Fort Bragg, North Carolina ................ $35,962,000

Fort Lewis, Washington ...................... $6,900,000

Hurlburt Field, Florida ....................... $13,400,000

MacDill Air Force Base, Florida ........ $12,000,000

Naval Station, San Diego, California $13,650,000

TRICARE Management Activity .......................................... Andrews Air Force Base, Maryland ... $10,250,000

Dyess Air Force Base, Texas ............... $3,300,000

F. E. Warren Air Force Base, Wyoming .................................................. $2,700,000

Fort Hood, Texas ................................. $12,200,000

Fort Stewart/Hunter Army Air Field,

Georgia .............................................. $11,000,000

Holloman Air Force Base, New Mexico ...................................................... $5,700,000

Hurlburt Field, Florida ....................... $8,800,000

Marine Corps Base, Camp Pendleton,

California ......................................... $1,150,000

Marine Corps Logistics Base, Albany,

Georgia .............................................. $5,800,000

Naval Air Station, Whidbey Island,

Washington ....................................... $1,900,000

Naval Hospital, Twentynine Palms,

California .......................................... $1,600,000

Naval Station, Mayport, Florida ........ $24,000,000

Naval Station, Norfolk, Virginia ........ $21,000,000

Schriever Air Force Base, Colorado .... $4,000,000

Washington Headquarters

Services ................................. Pentagon Reservation, Virginia .......... $25,000,000

Total: ............................................. $325,228,000
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1 (b) OUTSIDE THE UNITED STATES.—Using amounts

2 appropriated pursuant to the authorization of appropria3 tions in section 2403(a)(2), the Secretary of Defense may

4 acquire real property and carry out military construction

5 projects for the installations and locations outside the

6 United States, and in the amounts, set forth in the following

7 table:

Defense Agencies: Outside the United States

Agency Installation or location Amount

Defense Education Activity ..... Aviano Air Base, Italy ........................ $3,647,000

Geilenkirchen AB, Germany ............... $1,733,000

Heidelberg, Germany ........................... $3,312,000

Kaiserslautern, Germany ..................... $1,439,000

Kitzingen, Germany ............................. $1,394,000

Landstuhl, Germany ............................ $1,444,000

Ramstein Air Force Base, Germany .. $2,814,000

Royal Air Force, Feltwell, United

Kingdom ........................................... $22,132,000

Vogelweh Annex, Germany .................. $1,558,000

Wiesbaden Air Base, Germany ........... $1,378,000

Wuerzburg, Germany ........................... $2,684,000

Defense Logistics Agency ......... Anderson Air Force Base, Guam ........ $20,000,000

Camp Casey, Korea .............................. $5,500,000

Naval Station, Rota, Spain ................ $3,000,000

Yokota Air Base, Japan ...................... $13,000,000

Office Secretary of Defense ...... Comalapa Air Base, El Salvador ....... $12,577,000

TRICARE Management Activity .......................................... Heidelberg, Germany ........................... $28,000,000

Lajes Field, Azores, Portugal .............. $3,750,000

Thule, Greenland .................................. $10,800,000

Total: ............................................. $140,162,000

8 SEC. 2402. ENERGY CONSERVATION PROJECTS.

9 Using amounts appropriated pursuant to the author10 ization of appropriations in section 2403(a)(6), the Sec11 retary of Defense may carry out energy conservation

12 projects under section 2865 of title 10, United States Code,

13 in the amount of $35,600,000.
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1 SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE

2 AGENCIES.

3 (a) IN GENERAL.—Funds are hereby authorized to be

4 appropriated for fiscal years beginning after September 30,

5 2001, for military construction, land acquisition, and mili6 tary family housing functions of the Department of Defense

7 (other than the military departments), in the total amount

8 of $1,421,319,000 as follows:

9 (1) For military construction projects inside the

10 United States authorized by section 2401(a),

11 $370,164,000.

12 (2) For military construction projects outside the

13 United States authorized by section 2401(b),

14 $140,162,000.

15 (3) For unspecified minor construction projects

16 under section 2805 of title 10, United States Code,

17 $24,492,000.

18 (4) For contingency construction projects of the

19 Secretary of Defense under section 2804 of title 10,

20 United States Code, $10,000,000.

21 (5) For architectural and engineering services

22 and construction design under section 2807 of title

23 10, United States Code, $74,496,000.

24 (6) For energy conservation projects authorized

25 by section 2402 of this Act, $35,600,000.
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1 (7) For base closure and realignment activities

2 as authorized by the Defense Base Closure and Re3 alignment Act of 1990 (part A of title XXIX of Public

4 Law 101–510; 10 U.S.C. 2687 note), $532,200,000.

5 (8) For military family housing functions:

6 (A) For improvement of military family

7 housing and facilities, $250,000.

8 (B) For support of military family housing

9 (including functions described in section 2833 of

10 title 10, United States Code), $43,762,000, of

11 which not more than $37,298,000 may be obli12 gated or expended for the leasing of military

13 family housing units worldwide.

14 (C) For credit to the Department of Defense

15 Family Housing Improvement Fund established

16 by section 2883(a)(1) of title 10, United States

17 Code, $2,000,000.

18 (9) For the construction of phase 6 of an ammu19 nition demilitarization facility at Pine Bluff Arsenal,

20 Arkansas, authorized by section 2401(a) of the Mili21 tary Construction Authorization Act for Fiscal Year

22 1995 (division B of Public Law 103–337; 108 Stat.

23 3040), as amended by section 2407 of the Military

24 Construction Authorization Act for Fiscal Year 1996

25 (division B of Public Law 104–106; 110 Stat. 539),
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1 section 2408 of the Military Construction Authoriza2 tion Act for Fiscal Year 1998 (division B of Public

3 Law 105–85; 111 Stat. 1982), section 2406 of the

4 Military Construction Authorization Act for Fiscal

5 Year 1999 (division B of Public Law 105–261; 112

6 Stat. 2197), and section 2407 of this Act,

7 $26,000,000.

8 (10) For the construction of phase 3 of an am9 munition demilitarization facility at Pueblo Army

10 Depot, Colorado, authorized by section 2401(a) of the

11 Military Construction Authorization Act for Fiscal

12 Year 1997 (division B of Public Law 104–201; 110

13 Stat. 2775), as amended by section 2406 of the Mili14 tary Construction Authorization Act for Fiscal Year

15 2000 (division B of Public Law 106–65; 113 Stat.

16 839), $11,000,000.

17 (11) For construction of phase 4 of an ammuni18 tion demilitarization facility at Newport Army

19 Depot, Indiana, authorized by section 2401(a) of the

20 Military Construction Authorization Act for Fiscal

21 Year 1999 (division B of Public Law 105–261; 112

22 Stat. 2193), $66,000,000.

23 (12) For construction of phase 4 of an ammuni24 tion demilitarization facility at Aberdeen Proving

25 Ground, Maryland, authorized by section 2401(a) of
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1 the Military Construction Authorization Act for Fis2 cal Year 1999 (division B of Public Law 105–261;

3 112 Stat. 2193), as amended by section 2406 of this

4 Act, $66,500,000.

5 (13) For construction of a hospital at Fort

6 Wainwright, Alaska, authorized by section 2201(a) of

7 the Military Construction Authorization Act for Fis8 cal Year 2000 (division B of Public Law 106–65; 113

9 Stat. 836), $18,500,000.

10 (14) For construction of an aircrew water sur11 vival training facility at Naval Air Station, Whidbey

12 Island, Washington, authorized by section 2401(a) of

13 the Military Construction Authorization Act for Fis14 cal Year 2000 (division B of Public Law 106–65; 113

15 Stat. 836), as amended by section 2405 of this Act,

16 $6,600,000.

17 (15) For the construction of phase 2 of an am18 munition demilitarization facility at Blue Grass

19 Army Depot, Kentucky, authorized by section 2401(a)

20 of the Military Construction Authorization Act for

21 Fiscal Year 2000 (division B of Public Law 106–65,

22 113 Stat. 836), as amended by section 2405,

23 $3,000,000.

24 (16) For construction of FHOTC Support Fa25 cilities at Camp Pendleton, California, authorized by
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1 section 2401(a) of the Military Construction Author2 ization Act for Fiscal Year 2001 (division B of the

3 Spence Act; 114 Stat.1654A–402), as amended by sec4 tion 2404 of this Act, $3,150,000.

5 (17) For replacement of a Medical/Dental Clinic,

6 Las Flores, at Camp Pendleton, California, author7 ized by section 2401(a) of the Military Construction

8 Authorization Act for Fiscal Year 2001 (division B of

9 the Spence Act; 114 Stat.1654A–402), as amended by

10 section 2404 of this Act, $3,800,000.

11 (18) For replacement of a Medical/Dental Clinic,

12 Las Pulgas, at Camp Pendleton, California, author13 ized by section 2401(a) of the Military Construction

14 Authorization Act for Fiscal Year 2001 (division B of

15 the Spence Act; 114 Stat.1654A–402), as amended by

16 section 2404 of this Act, $4,050,000.

17 (19) For replacement of a Medical/Dental Clinic,

18 Horno, at Camp Pendleton, California, authorized by

19 section 2401(a) of the Military Construction Author20 ization Act for Fiscal Year 2001 (division B of the

21 Spence Act; 114 Stat.1654A–402), as amended by sec22 tion 2404 of this Act, $4,300,000.

23 (b) LIMITATION ON TOTAL COST OF CONSTRUCTION

24 PROJECTS.—Notwithstanding the cost variations author25 ized by section 2853 of title 10, United States Code, and
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1 any other cost variation authorized by law, the total cost

2 of all projects carried out under section 2401 of this Act

3 may not exceed the total amount authorized to be appro4 priated under paragraphs (1) and (2) of subsection (a).

5 (c) ADJUSTMENTS.—The total amount authorized to be

6 appropriated pursuant to paragraphs (1) through (19) of

7 subsection (a) is the sum of the amounts authorized to be

8 appropriated in such paragraphs, reduced by—

9 (1) $17,857,000, which represents the combina10 tion of savings resulting from adjustments to foreign

11 currency exchange rates for military construction out12 side the United States; and

13 (2) $10,250,000, which represents the combina14 tion of project savings in military construction result15 ing from favorable bids, reduced overhead charges,

16 and cancellations due to force structure changes.

17 SEC. 2404. MODIFICATION OF AUTHORITY TO CARRY OUT

18 CERTAIN FISCAL YEAR 2001 PROJECT.

19 The table in section 2401(a) of the Military Construc20 tion Authorization Act for Fiscal Year 2001 (division B

21 of the Spence Act; 114 Stat. 1654A–402) is amended—

22 (1) under the agency heading relating to

23 TRICARE Management Activity, in the item relating

24 to Marine Corps Base, Camp Pendleton, California,
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1 by striking ‘‘$14,150,000’’ and inserting

2 ‘‘$15,300,000’’; and

3 (2) by striking the amount identified as the total

4 in the amount column and inserting ‘‘$258,056,000’’.

5 SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT

6 CERTAIN FISCAL YEAR 2000 PROJECTS.

7 (a) MODIFICATION.—The table in section 2401(a) of

8 the Military Construction Authorization Act for Fiscal Year

9 2000 (division B of Public Law 106–65; 113 Stat. 836) is

10 amended—

11 (1) under the agency heading relating to

12 TRICARE Management Activity, in the item relating

13 to Naval Air Station, Whidbey Island, Washington,

14 by striking ‘‘$4,700,000’’ inserting ‘‘$6,600,000’’;

15 (2) under the agency heading relating to Chem16 ical Demilitarization, in the item relating to Blue

17 Grass Army Depot, Kentucky, by striking

18 ‘‘$206,800,000’’ in the amount column and inserting

19 ‘‘$254,030,000’’; and

20 (3) by striking the amount identified as the total

21 in the amount column and inserting ‘‘$636,550,000’’.

22 (b) CONFORMING AMENDMENT.—Section 2405(b)(3) of

23 that Act (113 Stat. 839) is amended by striking

24 ‘‘$184,000,000’’ and inserting ‘‘$231,230,000’’.
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1 SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT

2 CERTAIN FISCAL YEAR 1999 PROJECT.

3 The table in section 2401(a) of the Military Construc4 tion Authorization Act for Fiscal Year 1999 (division B

5 of Public Law 105–261; 112 Stat. 2193) is amended—

6 (1) under the agency heading relating to Chem7 ical Demilitarization, in the item relating to Aber8 deen Proving Ground, Maryland, by striking

9 ‘‘$186,350,000’’ in the amount column and inserting

10 ‘‘$223,950,000’’; and

11 (2) by striking the amount identified as the total

12 in the amount column and inserting ‘‘$727,616,000’’.

13 (b) CONFORMING AMENDMENTS.—Section 2404(b)(3)

14 of that Act (112 Stat. 2196) is amended by striking

15 ‘‘$158,000,000’’ and inserting ‘‘$195,600,000’’.

16 SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT

17 CERTAIN FISCAL YEAR 1995 PROJECT.

18 The table in section 2401 of the Military Construction

19 Authorization Act for Fiscal Year 1995 (division B of Pub20 lic Law 103–337; 108 Stat. 3040), as amended by section

21 2407 of the Military Construction Authorization Act for

22 Fiscal Year 1996 (division B of Public Law 104–106; 110

23 Stat. 539), section 2408 of the Military Construction Au24 thorization Act for Fiscal Year 1998 (division B of Public

25 Law 105–85; 111 Stat. 1982), and section 2406 of the Mili26 tary Construction Authorization Act for Fiscal Year 1999
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1 (division B of Public Law 105–261; 112 Stat. 2197), is

2 amended under the agency heading relating to Chemical

3 Agents and Munitions Destruction, in the item relating to

4 Pine Bluff Arsenal, Arkansas, by striking ‘‘$154,400,000’’

5 in the amount column and inserting ‘‘$177,400,000’’.

6 SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP

7 FORWARD OPERATING LOCATION ON ARUBA

8 FOR UNITED STATES SOUTHERN COMMAND

9 COUNTER-DRUG DETECTION AND MONI10 TORING FLIGHTS.

11 None of the funds appropriated under the heading

12 ‘‘MILITARY CONSTRUCTION, DEFENSE-WIDE’’ in chapter 3 of

13 title III of the Emergency Supplemental Act, 2000 (Public

14 Law 106–246; 114 Stat. 579), may be used by the Secretary

15 of Defense to develop any forward operating location on the

16 island of Aruba to serve as a location from which the United

17 States Southern Command could conduct counter-drug de18 tection and monitoring flights.
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1 TITLE XXV—NORTH ATLANTIC

2 TREATY ORGANIZATION SE3 CURITY INVESTMENT PRO4 GRAM

5 SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND

6 ACQUISITION PROJECTS.

7 The Secretary of Defense may make contributions for

8 the North Atlantic Treaty Organization Security Invest9 ment Program as provided in section 2806 of title 10,

10 United States Code, in an amount not to exceed the sum

11 of the amount authorized to be appropriated for this pur12 pose in section 2502 and the amount collected from the

13 North Atlantic Treaty Organization as a result of construc14 tion previously financed by the United States.

15 SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.

16 Funds are hereby authorized to be appropriated for fis17 cal years beginning after September 30, 2001, for contribu18 tions by the Secretary of Defense under section 2806 of title

19 10, United States Code, for the share of the United States

20 of the cost of projects for the North Atlantic Treaty Organi21 zation Security Investment Program authorized by section

22 2501, in the amount of $162,600,000.
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1 TITLE XXVI—GUARD AND

2 RESERVE FACILITIES

3 SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUC4 TION AND LAND ACQUISITION PROJECTS.

5 (a) IN GENERAL.—There are authorized to be appro6 priated for fiscal years beginning after September 30, 2001,

7 for the costs of acquisition, architectural and engineering

8 services, and construction of facilities for the Guard and

9 Reserve Forces, and for contributions therefor, under chap10 ter 1803 of title 10, United States Code (including the cost

11 of acquisition of land for those facilities), the following

12 amounts:

13 (1) For the Department of the Army—

14 (A) for the Army National Guard of the

15 United States, $304,915,000; and

16 (B) for the Army Reserve, $173,017,000.

17 (2) For the Department of the Navy, for the

18 Naval and Marine Corps Reserve, $53,291,000.

19 (3) For the Department of the Air Force—

20 (A) for the Air National Guard of the

21 United States, $197,472,000; and

22 (B) for the Air Force Reserve, $79,132,000.
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1 TITLE XXVII—EXPIRATION AND

2 EXTENSION OF AUTHORIZA3 TIONS

4 SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND

5 AMOUNTS REQUIRED TO BE SPECIFIED BY

6 LAW.

7 (a) EXPIRATION OF AUTHORIZATIONS AFTER THREE

8 YEARS.—Except as provided in subsection (b), all author9 izations contained in titles XXI through XXVI for military

10 construction projects, land acquisition, family housing

11 projects and facilities, and contributions to the North At12 lantic Treaty Organization Security Investment program

13 (and authorizations of appropriations therefor) shall expire

14 on the later of—

15 (1) October 1, 2004; or

16 (2) the date of the enactment of an Act author17 izing funds for military construction for fiscal year

18 2005.

19 (b) EXCEPTION.—Subsection (a) shall not apply to au20 thorizations for military construction projects, land acqui21 sition, family housing projects and facilities, and contribu22 tions to the North Atlantic Treaty Organization Security

23 Investment program (and authorizations of appropriations

24 therefor) for which appropriated funds have been obligated

25 before the later of—
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1 (1) October 1, 2004; or

2 (2) the date of the enactment of an Act author3 izing funds for fiscal year 2005 for military construc4 tion projects, land acquisition, family housing

5 projects and facilities, or contributions to the North

6 Atlantic Treaty Organization Security Investment

7 program.

8 SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN

9 FISCAL YEAR 1999 PROJECTS.

10 (a) EXCEPTION.—Notwithstanding section 2701 of the

11 Military Construction Authorization Act for Fiscal Year

12 1999 (division B of Public Law 105–261; 112 Stat. 2199),

13 authorizations set forth in the tables in subsection (b), as

14 provided in section 2302 or 2601 of that Act, shall remain

15 in effect until October 1, 2002, or the date of the enactment

16 of an Act authorizing funds for military construction for

17 fiscal year 2003, whichever is later.

18 (b) TABLES.—The tables referred to in subsection (a)

19 are as follows:

Air Force: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Delaware ......................... Dover Air Force Base .... Family Housing

Replacement

(55 Units) .... $8,998,000

Florida ............................ Patrick Air Force Base Family Housing

Replacement

(46 Units) .... $9,692,000

New Mexico ..................... Kirtland Air Force Base Family Housing

Replacement

(37 Units) .... $6,400,000
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Air Force: Extension of 1999 Project Authorizations—Continued

State Installation or location Project Amount

Ohio ................................. Wright-Patterson Air

Force Base .................. Family Housing

Replacement

(40 Units) .... $5,600,000

Army National Guard: Extension of 1999 Project Authorizations

State Installation or location Project Amount

Massachusetts .................. Westfield ......................... Army Aviation

Support Facility ............. $9,274,000

South Carolina ............... Spartanburg ................... Readiness Center.$5,260,000

1 SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN

2 FISCAL YEAR 1998 PROJECTS.

3 (a) EXTENSION.—Notwithstanding section 2701 of the

4 Military Construction Authorization Act for Fiscal Year

5 1998 (division B of Public Law 105–85; 111 Stat. 1984),

6 authorizations set forth in the tables in subsection (b), as

7 provided in section 2102, 2202, or 2302 of that Act and

8 extended by section 2702 of the Military Construction Au9 thorization Act for Fiscal Year 2001 (division B of the

10 Spence Act; 114 Stat. 1654A–408), shall remain in effect

11 until October 1, 2002, or the date of the enactment of an

12 Act authorizing funds for military construction for fiscal

13 year 2003, whichever is later.

14 (b) TABLES.—The tables referred to in subsection (a)

15 are as follows:
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Army: Extension of 1998 Project Authorization

State Installation or location Project Amount

Maryland ........................ Fort Meade ..................... Family Housing

Construction

(56 units) ..... $7,900,000

Navy: Extension of 1998 Project Authorizations

State Installation or location Project Amount

California ........................ Naval Complex, San

Diego ........................... Family Housing

Replacement

(94 units) ..... $13,500,000

California ........................ Marine Corps Air Station, Miramar ............ Family Housing

Construction

(166 units) ... $28,881,000

Louisiana ........................ Naval Complex, New Orleans ............................ Family Housing

Replacement

(100 units) ... $11,930,000

Texas ............................... Naval Air Station, Corpus Christi ................. Family Housing

Construction

(212 units) ... $22,250,000

Air Force: Extension of 1998 Project Authorization

State Installation or location Project Amount

New Mexico ..................... Kirtland Air Force Base Family Housing

Replacement

(180 units) ... $20,900,000

1 SEC. 2704. EFFECTIVE DATE.

2 Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall

3 take effect on the later of—

4 (1) October 1, 2001; or

5 (2) the date of the enactment of this Act.
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1 TITLE XXVIII—GENERAL

2 PROVISIONS

3 Subtitle A—Military Construction

4 Program and Military Family

5 Housing Changes

6 SEC. 2801. INCREASE IN CERTAIN UNSPECIFIED MINOR

7 MILITARY CONSTRUCTION PROJECT THRESH8 OLDS.

9 Section 2805 of title 10, United States Code, is

10 amended—

11 (1) in subsection (b)(1), by striking ‘‘$500,000’’

12 and inserting ‘‘$750,000’’;

13 (2) in subsection (c)(1)(A), by striking

14 ‘‘$1,000,000’’ and inserting ‘‘$1,500,000’’; and

15 (3) in subsection (c)(1)(B), by striking

16 ‘‘$500,000’’ and inserting ‘‘$750,000’’.

17 SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL

18 HAZARD REMEDIATION FROM LIMITATION ON

19 AUTHORIZED COST VARIATIONS.

20 Subsection (d) of section 2853 of title 10, United States

21 Code, is amended to read as follows:

22 ‘‘(d) The limitation on cost increases in subsection (a)

23 does not apply—

24 ‘‘(1) to the settlement of a contractor claim

25 under a contract; or
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1 ‘‘(2) to the costs associated with the required re2 mediation of an environmental hazard in connection

3 with a military construction project or military fam4 ily housing project, such as asbestos removal, radon

5 abatement, lead-based paint removal or abatement, or

6 any other legally required environmental hazard re7 mediation, if the required remediation could not have

8 reasonably been anticipated at the time the project

9 was approved originally by Congress.’’.

10 SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT

11 ON MILITARY CONSTRUCTION AND MILITARY

12 FAMILY HOUSING ACTIVITIES.

13 (a) REPEAL.—Section 2861 of title 10, United States

14 Code, is repealed.

15 (b) CLERICAL AMENDMENT.—The table of sections at

16 the beginning of subchapter III of chapter 169 of such title

17 is amended by striking the item relating to section 2861.

18 SEC. 2804. PERMANENT AUTHORIZATION FOR ALTER19 NATIVE AUTHORITY FOR ACQUISITION AND

20 IMPROVEMENT OF MILITARY HOUSING.

21 (a) REPEAL OF TERMINATION PROVISION.—Section

22 2885 of title 10, United States Code, is repealed.

23 (b) CLERICAL AMENDMENT.—The table of sections at

24 the beginning of subchapter IV of chapter 169 of such title

25 is amended by striking the item relating to section 2885.
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1 Subtitle B—Real Property and

2 Facilities Administration

3 SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN

4 RECREATIONAL ACTIVITIES.

5 Section 2671 of title 10, United States Code, is

6 amended—

7 (1) by transferring subsection (b) to the end of

8 the section and redesignating such subsection, as so

9 transferred, as subsection (e); and

10 (2) by inserting after subsection (a) the following

11 new subsection (b):

12 ‘‘(b) Subsection (a) shall not apply with respect to all

13 or certain specified hunting, fishing, or trapping at a mili14 tary installation or facility if the Secretary of Defense de15 termines that the application of the State or Territory fish

16 and game laws to such hunting, fishing, or trapping with17 out modification could result in undesirable consequences

18 for public safety or adverse effects on morale, welfare, or

19 recreation activities at the installation or facility. The Sec20 retary may not waive or modify the requirements under

21 subsection (a)(2) regarding a license for such hunting, fish22 ing, or trapping or any fee imposed by a State or Territory

23 to obtain such a license.’’.
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1 SEC. 2812. BASE EFFICIENCY PROJECT AT BROOKS AIR

2 FORCE BASE, TEXAS.

3 (a) INDEMNIFICATION OF TRANSFEREES.—Section 136

4 of the Military Construction Appropriations Act, 2001 (di5 vision A of Public Law 106–246; 114 Stat. 520), is

6 amended—

7 (1) by striking subsection (n);

8 (2) by redesignating subsection (m) as subsection

9 (n); and

10 (3) by inserting after subsection (l) the following

11 new subsection:

12 ‘‘(m) INDEMNIFICATION OF TRANSFEREES.—(1) With

13 respect to the disposal of real property under subsection (e)

14 at the Base as part of the Project, the Secretary shall hold

15 harmless, defend, and indemnify in full the Community

16 and other persons and entities described in paragraph (2)

17 from and against any suit, claim, demand or action, liabil18 ity, judgment, cost or other fee arising out of any claim

19 for personal injury or property damage (including death,

20 illness, or loss of or damage to property or economic loss)

21 that results from, or is in any manner predicated upon,

22 the release or threatened release of any hazardous substance,

23 pollutant or contaminant, or petroleum or petroleum deriv24 ative as a result of Department of Defense activities at the

25 Base.
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1 ‘‘(2) The persons and entities referred to in paragraph

2 (1) are the following:

3 ‘‘(A) The Community (including any officer,

4 agent, or employee of the Community) that acquires

5 ownership or control of any real property at the Base

6 as described in paragraph (1).

7 ‘‘(B) The State of Texas or any political subdivi8 sion of the State (including any officer, agent, or em9 ployee of the State or political subdivision) that ac10 quires such ownership or control.

11 ‘‘(C) Any other person or entity that acquires

12 such ownership or control.

13 ‘‘(D) Any successor, assignee, transferee, lender,

14 or lessee of a person or entity described in subpara15 graphs (A) through (C).

16 ‘‘(3) To the extent the persons and entities described

17 in paragraph (2) contributed to any such release or threat18 ened release, paragraph (1) shall not apply.

19 ‘‘(4) No indemnification may be afforded under this

20 subsection unless the person or entity making a claim for

21 indemnification—

22 ‘‘(A) notifies the Department of Defense in writ23 ing within two years after such claim accrues or be24 gins action within six months after the date of mail-
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1 ing, by certified or registered mail, of notice of final

2 denial of the claim by the Department of Defense;

3 ‘‘(B) furnishes to the Department of Defense cop4 ies of pertinent papers the entity receives;

5 ‘‘(C) furnishes evidence or proof of any claim,

6 loss, or damage covered by this subsection; and

7 ‘‘(D) provides, upon request by the Department

8 of Defense, access to the records and personnel of the

9 entity for purposes of defending or settling the claim

10 or action.

11 ‘‘(5) In any case in which the Secretary determines

12 that the Department of Defense may be required to make

13 indemnification payments to a person under this subsection

14 for any suit, claim, demand or action, liability, judgment,

15 cost or other fee arising out of any claim for personal injury

16 or property damage referred to in paragraph (1), the Sec17 retary may settle or defend, on behalf of that person, the

18 claim for personal injury or property damage. If the person

19 to whom the Department of Defense may be required to

20 make indemnification payments does not allow the Sec21 retary to settle or defend the claim, the person may not be

22 afforded indemnification with respect to that claim under

23 this subsection.

24 ‘‘(6) For purposes of paragraph (4)(A), the date on

25 which a claim accrues is the date on which the plaintiff
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1 knew (or reasonably should have known) that the personal

2 injury or property damage referred to in paragraph (1) was

3 caused or contributed to by the release or threatened release

4 of a hazardous substance, pollutant or contaminant, or pe5 troleum or petroleum derivative as a result of Department

6 of Defense activities at the Base.

7 ‘‘(7) Nothing in this subsection shall be construed as

8 affecting or modifying in any way section 120(h) of the

9 Comprehensive Environmental Response, Compensation,

10 and Liability Act of 1980 (42 U.S.C. 9620(h)).

11 ‘‘(8) In this subsection, the terms ‘facility’, ‘hazardous

12 substance’, ‘release’, and ‘pollutant or contaminant’ have

13 the meanings given such terms in section 101 of the Com14 prehensive Environmental Response, Compensation, and

15 Liability Act of 1980, respectively (42 U.S.C. 9601).’’.

16 (b) DEFINITIONS.—Paragraph (9) of subsection (n) of

17 such section, as redesignated by subsection (a)(2), is amend18 ed by striking ‘‘, who shall be a civilian official of the De19 partment appointed by the President with the advice and

20 consent of the Senate’’.
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1 SEC. 2813. USE OF BUILDINGS ON MILITARY INSTALLA2 TIONS AND RESERVE COMPONENT FACILI3 TIES AS POLLING PLACES.

4 (a) USE OF MILITARY INSTALLATIONS AUTHOR5 IZED.—Section 2670 of title 10, United States Code, is

6 amended by adding at the end the following new subsection:

7 ‘‘(b) USE AS POLLING PLACES.—(1) Notwithstanding

8 chapter 29 of title 18 (including sections 592 and 593 of

9 such title), the Secretary of a military department may

10 make a building located on a military installation under

11 the jurisdiction of the Secretary available for use as a poll12 ing place in any Federal, State, or local election for public

13 office.

14 ‘‘(2) Once a military installation is made available

15 as the site of a polling place with respect to a Federal,

16 State, or local election for public office, the Secretary shall

17 continue to make the site available for subsequent elections

18 for public office unless the Secretary provides to Congress

19 advance notice in a reasonable and timely manner of the

20 reasons why the site will no longer be made available as

21 a polling place.

22 ‘‘(3) In this subsection, the term ‘military installation’

23 has the meaning given the term in section 2687(e) of this

24 title.’’.
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1 (b) USE OF RESERVE COMPONENT FACILITIES.—(1)

2 Section 18235 of such title is amended by adding at the

3 end the following new subsection:

4 ‘‘(c) Pursuant to a lease or other agreement under sub5 section (a)(2), the Secretary may make a facility covered

6 by subsection (a) available for use as a polling place in

7 any Federal, State, or local election for public office not8 withstanding chapter 29 of title 18 (including sections 592

9 and 593 of such title). Once a facility is made available

10 as the site of a polling place with respect to an election

11 for public office, the Secretary shall continue to make the

12 facility available for subsequent elections for public office

13 unless the Secretary provides to Congress advance notice in

14 a reasonable and timely manner of the reasons why the fa15 cility will no longer be made available as a polling place.’’.

16 (2) Section 18236 of such title is amended by adding

17 at the end the following new subsection:

18 ‘‘(e) Pursuant to a lease or other agreement under sub19 section (c)(1), a State may make a facility covered by sub20 section (c) available for use as a polling place in any Fed21 eral, State, or local election for public office notwith22 standing chapter 29 of title 18 (including sections 592 and

23 593 of such title).’’.

24 (c) CONFORMING AND CLERICAL AMENDMENTS.—(1)

25 section 2670 of such title is further amended—
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1 (A) by striking ‘‘Under’’ and inserting ‘‘(a) USE

2 BY RED CROSS.—Under’’; and

3 (B) by striking ‘‘this section’’ and inserting ‘‘this

4 subsection’’.

5 (2) The heading of such section is amended to read

6 as follows:

7 ‘‘§ 2670. Buildings on military installations: use by

8 American National Red Cross and as poll9 ing places’’.

10 (3) The item relating to such section in the table of

11 sections at the beginning of chapter 159 of such title is

12 amended to read as follows:

‘‘2670. Buildings on military installations: use by American National Red Cross

and as polling places.’’.

13 Subtitle C—Defense Base Closure

14 and Realignment

15 SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY.

16 (a) 1988 LAW.—Section 204(b)(4) of the Defense Au17 thorization Amendments and Base Closure and Realign18 ment Act (Public Law 100–526; 10 U.S.C. 2687 note) is

19 amended—

20 (1) by redesignating subparagraphs (E), (F),

21 (G), (H), and (I) as subparagraphs (F), (G), (H), (I),

22 and (J), respectively; and

23 (2) by inserting after subparagraph (D) the fol24 lowing new subparagraph (E):
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1 ‘‘(E)(i) The Secretary may transfer real property at

2 an installation approved for closure or realignment under

3 this title (including property at an installation approved

4 for realignment which will be retained by the Department

5 of Defense or another Federal agency after realignment) to

6 the redevelopment authority for the installation if the rede7 velopment authority agrees to lease, directly upon transfer,

8 one or more portions of the property transferred under this

9 subparagraph to the Secretary or to the head of another

10 department or agency of the Federal Government. Subpara11 graph (B) shall apply to a transfer under this subpara12 graph.

13 ‘‘(ii) A lease under clause (i) shall be for a term of

14 not to exceed 50 years, but may provide for options for re15 newal or extension of the term by the department or agency

16 concerned.

17 ‘‘(iii) A lease under clause (i) may not require rental

18 payments by the United States.

19 ‘‘(iv) A lease under clause (i) shall include a provision

20 specifying that if the department or agency concerned ceases

21 requiring the use of the leased property before the expiration

22 of the term of the lease, the remainder of the lease term

23 may be satisfied by the same or another department or

24 agency of the Federal Government using the property for

25 a use similar to the use under the lease. Exercise of the
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1 authority provided by this clause shall be made in consulta2 tion with the redevelopment authority concerned.

3 ‘‘(v) Notwithstanding clause (iii) or chapter 137 of

4 title 10, United States Code, if a lease under clause (i) in5 volves a substantial portion of the installation, the depart6 ment or agency concerned may obtain facility services for

7 the leased property and common area maintenance from

8 the redevelopment authority or the redevelopment

9 authority’s assignee as a provision of the lease. The facility

10 services and common area maintenance shall be provided

11 at a rate no higher than the rate charged to non-Federal

12 tenants of the transferred property. Facility services and

13 common area maintenance covered by the lease shall not

14 include—

15 ‘‘(I) municipal services that a State or local gov16 ernment is required by law to provide to all land17 owners in its jurisdiction without direct charge; or

18 ‘‘(II) firefighting or security-guard functions.’’.

19 (b) 1990 LAW.—Section 2905(b)(4)(E) of the Defense

20 Base Closure and Realignment Act of 1990 (part A of title

21 XXIX of Public Law 101–510; 10 U.S.C. 2687 note) is

22 amended by adding at the end the following new clause:

23 ‘‘(v) Notwithstanding clause (iii) or chapter 137 of

24 title 10, United States Code, if a lease under clause (i) in25 volves a substantial portion of the installation, the depart-
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1 ment or agency concerned may obtain facility services for

2 the leased property and common area maintenance from

3 the redevelopment authority or the redevelopment

4 authority’s assignee as a provision of the lease. The facility

5 services and common area maintenance shall be provided

6 at a rate no higher than the rate charged to non-Federal

7 tenants of the transferred property. Facility services and

8 common area maintenance covered by the lease shall not

9 include—

10 ‘‘(I) municipal services that a State or local gov11 ernment is required by law to provide to all land12 owners in its jurisdiction without direct charge; or

13 ‘‘(II) firefighting or security-guard functions.’’.

14 Subtitle D—Land Conveyances

15 PART I—ARMY CONVEYANCES

16 SEC. 2831. MODIFICATION OF LAND EXCHANGE, ROCK IS17 LAND ARSENAL, ILLINOIS.

18 (a) ADDITIONAL CONVEYANCE AUTHORIZED.—Sub19 section (a) of section 2832 of the Military Construction Au20 thorization Act for Fiscal Year 2000 (division B of Public

21 Law 106–65; 113 Stat. 857) is amended—

22 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’;

23 and

24 (2) by adding at the end the following new para25 graph:
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1 ‘‘(2) The Secretary may convey to the City all right,

2 title, and interest of the United States in and to an addi3 tional parcel of real property, including improvements

4 thereon, at the Rock Island Arsenal consisting of approxi5 mately .513 acres.’’.

6 (b) CONSIDERATION.—Subsection (b) of such section is

7 amended—

8 (1) by inserting ‘‘(1)’’ before ‘‘As consideration’’;

9 (2) by striking ‘‘subsection (a)’’ both places it

10 appears and inserting ‘‘subsection (a)(1)’’; and

11 (3) by adding at the end the following new para12 graph:

13 ‘‘(2) As consideration for the conveyance under sub14 section (a)(2), the City shall convey to the Secretary all

15 right, title, and interest of the City in and to a parcel of

16 real property consisting of approximately .063 acres and

17 construct on the parcel, at the City’s expense, a new access

18 ramp to the Rock Island Arsenal.’’.

19 SEC. 2832. MODIFICATION OF LAND CONVEYANCES, FORT

20 DIX, NEW JERSEY.

21 Section 2835(c) of the Military Construction Author22 ization Act for Fiscal Year 1998 (division B of Public Law

23 105–85; 111 Stat. 2004) is amended by adding at the end

24 the following new paragraph:
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1 ‘‘(3) Notwithstanding paragraphs (1) or (2), the Bor2 ough and Board may exchange between each other, without

3 the consent of the Secretary, all or any portion of the prop4 erty conveyed under subsection (a) so long as the property

5 continues to be used by the grantees for economic develop6 ment or educational purposes.’’.

7 SEC. 2833. LEASE AUTHORITY, FORT DERUSSY, HAWAII.

8 Notwithstanding section 809 of the Military Construc9 tion Authorization Act, 1968 (Public Law 90–110; 81 Stat.

10 309) and section 2814(b) of the Military Construction Au11 thorization Act, 1989 (Public Law 100–456; 102 Stat.

12 2117), the Secretary of the Army may enter into a lease

13 with the City of Honolulu, Hawaii, for the purpose of mak14 ing available to the City a parcel of real property at Fort

15 DeRussy, Hawaii, for the construction of a parking facility.

16 SEC. 2834. LAND EXCHANGE AND CONSOLIDATION, FORT

17 LEWIS, WASHINGTON.

18 (a) EXCHANGE AUTHORIZED.—(1) The Secretary of

19 the Army may convey to the Nisqually Tribe, a federally

20 recognized Indian tribe whose tribal lands are located with21 in the State of Washington, all right, title, and interest of

22 the United States in and to two parcels of real property,

23 including any improvements thereon, consisting of approxi24 mately 138 acres at Fort Lewis, Washington, in exchange

25 for the real property described in subsection (b).
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1 (2) The property authorized for conveyance under

2 paragraph (1) does not include Bonneville Power Adminis3 tration transmission facilities or the right of way described

4 in subsection (c).

5 (b) CONSIDERATION.—As consideration for the convey6 ance under subsection (a), the Nisqually Tribe shall—

7 (1) acquire from Thurston Country, Washington,

8 several parcels of real property consisting of approxi9 mately 416 acres that are owned by the county, are

10 within the boundaries of Fort Lewis, and are cur11 rently leased by the Army, and

12 (2) convey fee title over the acquired property to

13 the Secretary.

14 (c) RIGHT-OF-WAY FOR BONNEVILLE POWER ADMINIS15 TRATION.—The Secretary may use the authority provided

16 in section 2668 of title 10, United States Code, to convey

17 to the Bonneville Power Administration a right-of-way that

18 authorizes the Bonneville Power Administration to use real

19 property at Fort Lewis as a route for the Grand Coulee20 Olympia and Olympia-White River electric transmission

21 lines and appurtenances to facilitate the removal of such

22 transmission lines from tribal lands of the Nisqually Tribe.

23 (d) DESCRIPTION OF PROPERTY.—The exact acreage

24 and legal description of the real property to be conveyed

25 under subsection (a) and acquired under subsection (b)
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1 shall be determined by a survey satisfactory to the Secretary

2 and the Nisqually Tribe. The cost of the survey shall be

3 borne by the recipient of the property.

4 (e) ADDITIONAL TERMS AND CONDITIONS.—The Sec5 retary may require such additional terms and conditions

6 in connection with the conveyances under this section as

7 the Secretary considers appropriate to protect the interests

8 of the United States.

9 SEC. 2835. LAND CONVEYANCE, WHITTIER-ANCHORAGE

10 PIPELINE TANK FARM, ANCHORAGE, ALASKA.

11 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

12 Army may convey, without consideration, to the Port of An13 chorage, an entity of the Municipality of Anchorage, Alas14 ka, all right, title, and interest of the United States in and

15 to two adjoining parcels of real property, including any

16 improvements thereon, consisting of approximately 48 acres

17 in Anchorage, Alaska, which are known as of the Whittier18 Anchorage Pipeline Tank Farm, for the purpose of permit19 ting the Port of Anchorage to use the parcels for economic

20 development.

21 (b) DESCRIPTION OF PROPERTY.—The exact acreage

22 and legal description of the real property to be conveyed

23 under subsection (a) shall be determined by a survey satis24 factory to the Secretary. The cost of the survey shall be borne

25 by the recipient of the real property.
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1 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec2 retary may require such additional terms and conditions

3 in connection with the conveyance under this section (a)

4 as the Secretary considers appropriate to protect the inter5 ests of the United States.

6 PART II—NAVY CONVEYANCES

7 SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE

8 BEACH NAVAL STATION, HUMBOLDT COUNTY,

9 CALIFORNIA.

10 (a) TRANSFER AUTHORIZED.—The Secretary of the

11 Navy may transfer, without reimbursement, to the adminis12 trative jurisdiction of the Secretary of the Interior the real

13 property, including any improvements thereon, consisting

14 of the closed Centerville Beach Naval Station in Humboldt

15 County, California, for the purpose of permitting the Sec16 retary of the Interior to manage the real property as open

17 space or for other public purposes.

18 (b) LEGAL DESCRIPTION.—The exact acreage and legal

19 description of the real property to be transferred under this

20 section shall be determined by a survey satisfactory to the

21 Secretary of the Navy. The cost of the survey shall be borne

22 by the Secretary of the Interior.

23 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec24 retary of the Navy may require such additional terms and

25 conditions in connection with the transfer under this section
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1 as the Secretary of the Navy considers appropriate to pro2 tect the interests of the United States.

3 SEC. 2842. LAND CONVEYANCE, NAVAL WEAPONS INDUS4 TRIAL RESERVE PLANT, TOLEDO, OHIO.

5 (a) CONVEYANCE AUTHORIZED.—(1) The Secretary of

6 the Navy may convey, without consideration, to the Toledo7 Lucas County Port Authority, Ohio (in this section referred

8 to as the ‘‘Port Authority’’), all right, title, and interest

9 of the United States in and to a parcel of real property

10 consisting of approximately 29 acres, including any im11 provements thereon, and comprising the Naval Weapons In12 dustrial Reserve Plant, Toledo, Ohio.

13 (2) The Secretary may include in the conveyance

14 under paragraph (1) such facilities, equipment, fixtures,

15 and other personal property located or based on the parcel

16 conveyed under that paragraph, or used in connection with

17 the parcel, as the Secretary determines to be not required

18 by the Navy for other purposes.

19 (b) LEASE AUTHORITY.—Until such time as the real

20 property described in subsection (a)(1) is conveyed by deed,

21 the Secretary may lease the real property, together with any

22 improvements, facilities, equipment, fixtures, and other per23 sonal property thereon, to the Port Authority in exchange

24 for security services, fire protection services, and mainte-
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1 nance services provided by the Port Authority for the real

2 property.

3 (c) CONDITIONS OF CONVEYANCE.—(1) The conveyance

4 under subsection (a), and any lease under subsection (b),

5 shall be subject to the conditions that the Port Authority—

6 (A) accept the parcel, and any improvements, fa7 cilities, equipment, fixtures, and other personal prop8 erty thereon, in their condition at the time of the con9 veyance or lease, as the case may be; and

10 (B) except as provided in paragraph (2), use the

11 parcel, and any improvements, facilities, equipment,

12 fixtures, and other personal property thereon, whether

13 directly or through an agreement with a public or

14 private entity, for economic development, redevelop15 ment, or retention purposes, including the creation or

16 preservation of jobs and employment opportunities, or

17 such other public purposes as the Port Authority de18 termines appropriate.

19 (2) The Port Authority may at any time convey, lease,

20 or sublease, as the case may be, the parcel, and any im21 provements, facilities, equipment, fixtures, and other per22 sonal property thereon, to a public or private entity for

23 purposes described in paragraph (1)(B).

24 (d) INSPECTION.—The Secretary may permit the Port

25 Authority to review and inspect the improvements, facili-
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1 ties, equipment, fixtures, and other personal property lo2 cated on the parcel described in subsection (a)(1) for pur3 poses of the conveyance authorized by that subsection and

4 the lease authorized by subsection (b).

5 (e) DESCRIPTION OF PROPERTY.—The exact acreage

6 and legal description of the real property to be conveyed

7 under subsection (a)(1), and of any facilities, equipment

8 fixtures, or other personal property to be conveyed under

9 subsection (a)(2), shall be determined by a survey and other

10 means satisfactory to the Secretary. The cost of any activi11 ties under the preceding sentence shall be borne by the Port

12 Authority.

13 (f) ADDITIONAL TERMS AND CONDITIONS.—The Sec14 retary may require such additional terms and conditions

15 in connection with the conveyance under subsection (a)(1),

16 and any lease under subsection (b), as the Secretary con17 siders appropriate to protect the interests of the United

18 States.

19 SEC. 2843. MODIFICATION OF AUTHORITY FOR CONVEY20 ANCE OF NAVAL COMPUTER AND TELE21 COMMUNICATIONS STATION, CUTLER, MAINE.

22 Section 2853(a) of the Military Construction Author23 ization Act for Fiscal Year 2001 (division B of the Spence

24 Act; 114 Stat. 1654A–430) is amended by inserting ‘‘any

25 or’’ before ‘‘all right’’.
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1 SEC. 2844. MODIFICATION OF LAND CONVEYANCE, FORMER

2 UNITED STATES MARINE CORPS AIR STATION,

3 EAGLE MOUNTAIN LAKE, TEXAS.

4 Section 5 of Public Law 85–258 (71 Stat. 583) is

5 amended by inserting before the period at the end the fol6 lowing: ‘‘or for the protection, maintenance, and operation

7 of other Texas National Guard facilities’’.

8 SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SE9 CURITY GROUP ACTIVITY, WINTER HARBOR,

10 MAINE.

11 (a) TRANSFER OF JURISDICTION OF SCHOODIC POINT

12 PROPERTY AUTHORIZED.—(1) The Secretary of the Navy

13 may transfer, without consideration, to the Secretary of the

14 Interior administrative jurisdiction of a parcel of real

15 property, including any improvements thereon and appur16 tenances thereto, consisting of approximately 26 acres as

17 generally depicted as Tract 15–116 on the map entitled

18 ‘‘Acadia National Park Schoodic Point Area’’, numbered

19 123/80,418 and dated May 2001. The map shall be on file

20 and available for inspection in the appropriate offices of

21 the National Park Service.

22 (2) The transfer authorized by this subsection shall

23 occur, if at all, concurrently with the reversion of adminis24 trative jurisdiction of a parcel of real property consisting

25 of approximately 71 acres, as depicted as Tract 15–115 on

26 the map referred to in paragraph (1), from the Secretary
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1 of the Navy to the Secretary of the Interior as authorized

2 by Public Law 80–260 (61 Stat. 519) and to be executed

3 on or about June 30, 2002.

4 (b) CONVEYANCE OF COREA AND WINTER HARBOR

5 PROPERTIES AUTHORIZED.—The Secretary of the Navy

6 may convey, without consideration, to the State of Maine,

7 any political subdivision of the State of Maine, or any tax8 supported agency in the State of Maine, all right, title, and

9 interest of the United States in and to any of the parcels

10 of real property, including any improvements thereon and

11 appurtenances thereto, consisting of approximately 485

12 acres and comprising the former facilities of the Naval Se13 curity Group Activity, Winter Harbor, Maine, located in

14 Hancock County, Maine, except for the real property de15 scribed in subsection (a)(1).

16 (c) TRANSFER OF PERSONAL PROPERTY.—The Sec17 retary of the Navy shall transfer, without consideration, to

18 the Secretary of the Interior in the case of the real property

19 transferred under subsection (a), or to any recipient of such

20 real property in the case of real property conveyed under

21 subsection (b), any or all personal property associated with

22 such real property so transferred or conveyed, including—

23 (1) the ambulances and any fire trucks or other

24 firefighting equipment; and
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1 (2) any personal property required to continue

2 the maintenance of the infrastructure of such real

3 property, including the generators and an uninter4 rupted power supply in building 154 at the Corea

5 site.

6 (d) MAINTENANCE OF PROPERTY PENDING CONVEY7 ANCE.—The Secretary of the Navy shall maintain any real

8 property, including any improvements thereon, appur9 tenances thereto, and supporting infrastructure, to be con10 veyed under subsection (b) until the earlier of—

11 (1) the date of the conveyance of such real prop12 erty under subsection (b); or

13 (2) September 30, 2003.

14 (e) INTERIM LEASE.—(1) Until such time as any par15 cel of real property to be conveyed under subsection (b) is

16 conveyed by deed under that subsection, the Secretary of

17 the Navy may lease such parcel to any person or entity

18 determined by the Secretary to be an appropriate lessee of

19 such parcel.

20 (2) The amount of rent for a lease under paragraph

21 (1) shall be the amount determined by the Secretary to be

22 appropriate, and may be an amount less than the fair mar23 ket value of the lease.

24 (f) REIMBURSEMENT FOR ENVIRONMENTAL AND

25 OTHER ASSESSMENTS.—(1) The Secretary of the Navy may
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1 require each recipient of real property conveyed under sub2 section (b) to reimburse the Secretary for the costs incurred

3 by the Secretary for any environmental assessment, study,

4 or analysis carried out by the Secretary with respect to such

5 property before completing the conveyance under that sub6 section.

7 (2) The amount of any reimbursement required under

8 paragraph (1) shall be determined by the Secretary, but

9 may not exceed the cost of the assessment, study, or analysis

10 for which reimbursement is required.

11 (3) Section 2695(c) of title 10, United States Code,

12 shall apply to any amount received by the Secretary under

13 this subsection.

14 (g) DESCRIPTION OF PROPERTY.—The exact acreage

15 and legal description of the real property transferred under

16 subsection (a), and each parcel of real property conveyed

17 under subsection (b), shall be determined by a survey satis18 factory to the Secretary of the Navy. The cost of any survey

19 under the preceding sentence for real property conveyed

20 under subsection (b) shall be borne by the recipient of the

21 real property.

22 (h) ADDITIONAL TERMS AND CONDITIONS.—The Sec23 retary of the Navy may require such additional terms and

24 conditions in connection with any conveyance under sub25 section (b), and any lease under subsection (e), as the Sec-
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1 retary considers appropriate to protect the interests of the

2 United States.

3 PART III—AIR FORCE CONVEYANCES

4 SEC. 2851. WATER RIGHTS CONVEYANCE, ANDERSEN AIR

5 FORCE BASE, GUAM.

6 (a) AUTHORITY TO CONVEY.—In conjunction with the

7 conveyance of the water supply system for Anderson Air

8 Force Base, Guam, under the authority of section 2688 of

9 title 10, United States Code, and in accordance with all

10 the requirements of that section, the Secretary of the Air

11 Force may convey all right, title, and interest of the United

12 States, or such lesser estate as the Secretary considers ap13 propriate to serve the interests of the United States, in the

14 water rights related to the following Air Force properties

15 located on Guam:

16 (1) Andy South, also known as the Andersen Ad17 ministrative Annex.

18 (2) Marianas Bonins Base Command.

19 (3) Andersen Water Supply Annex, also known

20 as the Tumon Water Well or the Tumon Maui Well.

21 (b) ADDITIONAL REQUIREMENTS.—The Secretary may

22 exercise the authority contained in subsection (a) only if—

23 (1) the Secretary determines that adequate sup24 plies of potable groundwater exist under the main

25 base and northwest field portions of Andersen Air
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1 Force Base to meet the current and long-term require2 ments of the installation for water;

3 (2) the Secretary determines that such supplies

4 of groundwater are economically obtainable; and

5 (3) the Secretary requires the conveyee of the

6 water rights under subsection (a) to provide a water

7 system capable of meeting the water supply needs of

8 the main base and northwest field portions of Ander9 son Air Force Base, as determined by the Secretary.

10 (c) INTERIM WATER SUPPLIES.—If the Secretary de11 termines that it is in the best interests of the United States

12 to transfer title to the water rights and utility systems at

13 Andy South and Andersen Water Supply Annex before

14 placing into service a replacement water system and well

15 field on Andersen Air Force Base, the Secretary may re16 quire that the United States have the primary right to all

17 water produced from Andy South and Andersen Water Sup18 ply Annex until the replacement water system and well field

19 is placed into service and operates to the satisfaction of the

20 Secretary. In exercising the authority provided by this sub21 section, the Secretary may retain a reversionary interest

22 in the water rights and utility systems at Andy South and

23 Andersen Water Supply Annex until such time as the new

24 replacement water system and well field is placed into serv25 ice and operates to the satisfaction of the Secretary.
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1 (d) SALE OF EXCESS WATER AUTHORIZED.—(1) As

2 part of the conveyance of water rights under subsection (a),

3 the Secretary may authorize the conveyee of the water sys4 tem to sell to public or private entities such water from

5 Andersen Air Force Base as the Secretary determines to be

6 excess to the needs of the United States. In the event the

7 Secretary authorizes the conveyee to resell water, the Sec8 retary shall negotiate a reasonable return to the United

9 States of the value of such excess water sold by the conveyee,

10 which return the Secretary may receive in the form of re11 duced charges for utility services provided by the conveyee.

12 (2) If the Secretary cannot meet the requirements of

13 subsection (b), and the Secretary determines to proceed with

14 a water utility system conveyance under section 2688 of

15 title 10, United States Code, without the conveyance of

16 water rights, the Secretary may provide in any such con17 veyance that the conveyee of the water system may sell to

18 public or private entities such water from Andy South and

19 Andersen Water Supply Annex as the Secretary determines

20 to be excess to the needs of the United States. The Secretary

21 shall negotiate a reasonable return to the United States of

22 the value of such excess water sold by the conveyee, which

23 return the Secretary may receive in the form of reduced

24 charges for utility services provided by the conveyee.
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1 (e) TREATMENT OF WATER RIGHTS.—For purposes of

2 section 2688 of title 10, United States Code, the water rights

3 referred to in subsection (a) shall be considered as part of

4 a utility system (as that term is defined in subsection (h)(2)

5 of such section).

6 SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY

7 AIR FORCE BASE, COLORADO.

8 The Secretary of the Air Force shall reevaluate the

9 terms and conditions of the pending negotiated sale agree10 ment with the Lowry Redevelopment Authority for certain

11 real property at Lowry Air Force Base, Colorado, in light

12 of changed circumstances regarding the property, including

13 changes in the flood plain designations affecting some of

14 the property, to determine whether the changed cir15 cumstances warrant a reduction in the amount of consider16 ation otherwise required under the agreement or other modi17 fications to the agreement.

18 SEC. 2853. LAND CONVEYANCE, DEFENSE FUEL SUPPORT

19 POINT, FLORIDA.

20 (a) CONVEYANCE AUTHORIZED.—The Secretary of the

21 Air Force may convey, without consideration, to Florida

22 State University, all right, title and interest of the United

23 States in and to a parcel of real property known as ‘‘De24 fense Fuel Support Point’’, including any improvements

25 thereon, located in Lynn Haven, Florida, and consisting
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1 of approximately 200 acres for the purpose of establishing

2 a National Coastal Research Center.

3 (b) DESCRIPTION OF PROPERTY.—The exact acreage

4 and legal description of the real property to be conveyed

5 under subsection (a) shall be determined by a survey satis6 factory to the Secretary. The cost of the survey shall be borne

7 by the Secretary.

8 (c) ADDITIONAL TERMS AND CONDITIONS.—The Sec9 retary may require such additional terms and conditions

10 in connection with the conveyance under subsection (a) as

11 the Secretary considers appropriate to protect the interests

12 of the United States.

13 Subtitle E—Other Matters

14 SEC. 2861. TRANSFER OF JURISDICTION FOR DEVELOP15 MENT OF ARMED FORCES RECREATION FA16 CILITY, PARK CITY, UTAH.

17 (a) TRANSFER REQUIRED.—(1) The Secretary of the

18 Interior shall transfer, without reimbursement, to the ad19 ministrative jurisdiction of the Secretary of the Air Force

20 a parcel of real property in Park City, Utah, including any

21 improvements thereon, that consists of approximately 35

22 acres, is located in township 2 south, range 4 east, Salt

23 Lake meridian, and is designated as parcel 3 by the Bureau

24 of Land Management.
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1 (2) The transfer shall be subject to existing rights, ex2 cept that the Secretary of the Interior shall terminate any

3 lease with respect to the parcel issued under the Act of June

4 14, 1926 (commonly known as the Recreation and Public

5 Purposes Act; 43 U.S.C. 689 et seq.), and still in effect as

6 of the date of the enactment of this Act.

7 (3) The transfer required by this subsection shall be

8 completed not later than one year after the date of the enact9 ment of this Act.

10 (b) USE OF TRANSFERRED LAND.—(1) The Secretary

11 of the Air Force may use the real property transferred

12 under subsection (a) as the location for an armed forces

13 recreation facility to be developed using nonappropriated

14 funds.

15 (2) The Secretary of the Air Force may return the

16 transferred property (or property acquired in exchange for

17 the transferred property under subsection (c)) to the admin18 istrative jurisdiction of the Secretary of the Interior at any

19 time upon certifying that development of the armed forces

20 recreation facility would not be in the best interests of the

21 Government.

22 (c) SUBSEQUENT CONVEYANCE AUTHORITY.—(1) In

23 lieu of developing the armed forces recreation facility on

24 the real property transferred under subsection (a), the Sec25 retary of the Air Force may convey or lease the property
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1 to the State of Utah, a local government, or a private entity

2 in exchange for other property to be used as the site of the

3 facility.

4 (2) The values of the properties exchanged by the Sec5 retary under this subsection either shall be equal, or if they

6 are not equal, the values shall be equalized by the payment

7 of money to the grantor or to the Secretary as the cir8 cumstances require. The conveyance or lease shall be on such

9 other terms as the Secretary of the Air Force considers to

10 be advantageous to the development of the facility.

11 (d) ALTERNATIVE DEVELOPMENT AUTHORITY.—The

12 Secretary of the Air Force may lease the real property

13 transferred under subsection (a), or any property acquired

14 pursuant to subsection (c), to another party and may enter

15 into a contract with the party for the design, construction,

16 and operation of the armed forces recreation facility. The

17 Secretary of the Air Force may authorize the contractor to

18 operate the facility as both a military and a commercial

19 operation if the Secretary determines that such an author20 ization is a necessary incentive for the contractor to agree

21 to design, construct, and operate the facility.

22 (e) LEGAL DESCRIPTION.—The exact acreage and legal

23 description of the real property to be transferred under sub24 section (a) shall be determined by a survey. The cost of the

25 survey shall be borne by the Secretary of the Air Force.
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1 SEC. 2862. SELECTION OF SITE FOR UNITED STATES AIR

2 FORCE MEMORIAL AND RELATED LAND

3 TRANSFERS FOR THE IMPROVEMENT OF AR4 LINGTON NATIONAL CEMETERY, VIRGINIA.

5 (a) DEFINITIONS.—In this section:

6 (1) The term ‘‘Arlington Naval Annex’’ means

7 the parcel of Federal land located in Arlington Coun8 ty, Virginia, that is subject to transfer to the admin9 istrative jurisdiction of the Secretary of the Army

10 under section 2881 of the Military Construction Au11 thorization Act for Fiscal Year 2000 (division B of

12 Public Law 106–65; 113 Stat. 879).

13 (2) The term ‘‘Foundation’’ means the Air Force

14 Memorial Foundation, which was authorized in Pub15 lic Law 103–163 (107 Stat. 1973; 40 U.S.C. 1003

16 note) to establish a memorial in the District of Co17 lumbia or its environs to honor the men and women

18 who have served in the United States Air Force and

19 its predecessors.

20 (3) The term ‘‘Air Force Memorial’’ means the

21 United States Air Force Memorial to be established by

22 the Foundation.

23 (4) The term ‘‘Arlington Ridge tract’’ means the

24 parcel of Federal land in Arlington County, Virginia,

25 known as the Nevius Tract and transferred to the De-
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1 partment of the Interior in 1953, that is bounded gen2 erally by—

3 (A) Arlington Boulevard (United States

4 Route 50) to the north;

5 (B) Jefferson Davis Highway (Virginia

6 Route 110) to the east;

7 (C) Marshall Drive to the south; and

8 (D) North Meade Street to the west.

9 (5) The term ‘‘Section 29’’ means a parcel of

10 Federal land in Arlington County, Virginia, that is

11 currently administered by the Secretary of the Inte12 rior within the boundaries of Arlington National

13 Cemetery and is identified as ‘‘Section 29’’.

14 (b) OFFER OF PORTION OF ARLINGTON NAVAL ANNEX

15 AS SITE FOR AIR FORCE MEMORIAL.—Within 60 days after

16 the date of the enactment of this Act, the Secretary of De17 fense shall offer to the Foundation an option to use, without

18 reimbursement, up to three acres of the Arlington Naval

19 Annex as the site within which the Foundation will con20 struct the Air Force Memorial. The offered acreage shall in21 clude the promontory adjacent to, and the land underlying,

22 Wing 8 of Federal Office Building #2 in the northeast

23 quadrant of the Arlington Naval Annex.

24 (c) ACCEPTANCE OR REJECTION OF OFFER.—
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1 (1) DEADLINE.—Within 90 days after the date

2 on which the Secretary of Defense makes the offer re3 quired by subsection (b), the Foundation shall provide

4 written notice to the Secretary of the decision of the

5 Foundation to accept or decline the offer.

6 (2) EFFECT OF ACCEPTANCE.—Subject to sub7 section (d), if the Foundation accepts the offer of the

8 Secretary of Defense, the Foundation shall relinquish

9 all claims to the previously approved location for the

10 Air Force Memorial. No other commemorative work

11 may thereafter be established on the Arlington Naval

12 Annex property.

13 (3) EFFECT OF REJECTION.—If the Foundation

14 declines the offer of the Secretary of Defense, the

15 Foundation may resume its efforts to construct the

16 Air Force Memorial on the Arlington Ridge tract

17 from the farthest point of progress. Any administra18 tive record compiled during previous proceedings re19 lated to the siting of the memorial on the Arlington

20 Ridge tract pursuant to Public Law 103–163 (40

21 U.S.C. 1003 note), shall be preserved, and all dead22 lines tolled, while the Foundation is considering the

23 offer of a site for the memorial within the Arlington

24 Naval Annex.
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1 (d) PREPARATION FOR AND CONSTRUCTION OF AIR

2 FORCE MEMORIAL.—

3 (1) PREPARATION FOR CONSTRUCTION.—Not

4 later than two years after the date on which the

5 Foundation accepts the offer made under subsection

6 (b) and has available sufficient funds to construct the

7 Air Force Memorial, the Secretary of Defense, in co8 ordination with the Foundation, shall remove all

9 structures and prepare the Arlington Naval Annex

10 site for use as may be necessary to permit construc11 tion of the memorial and appropriate access.

12 (2) CONSTRUCTION OF MEMORIAL.—Upon the re13 moval of structures and preparation of the property

14 for use as required by paragraph (1), the Secretary

15 of Defense shall permit the Foundation to commence

16 construction of the Air Force Memorial on the Arling17 ton Naval Annex site.

18 (3) RELATION TO OTHER TRANSFER AUTHOR19 ITY.—Nothing in this section alters the deadline for

20 transfer of the Arlington Naval Annex to the Sec21 retary of the Army and remediation of the transferred

22 land for use as part of Arlington National Cemetery,

23 as required by section 2881 of the Military Construc24 tion Authorization Act for Fiscal Year 2000.
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1 (4) OVERSIGHT.—The Secretary of Defense shall

2 have exclusive authority in all matters relating to ap3 proval of the siting and design of the Air Force Me4 morial on the Arlington Naval Annex site, and the

5 siting, design, and construction of the memorial on

6 such site shall not be subject to the requirements of the

7 Commemorative Works Act (40 U.S.C. 1001 et seq.).

8 (e) ACCESS AND MANAGEMENT OF RESULTING AIR

9 FORCE MEMORIAL.—The Secretary of the Army may enter

10 into a cooperative agreement with the Foundation to pro11 vide for management of the Air Force Memorial constructed

12 on the Arlington Naval Annex site and to guarantee public

13 access to the memorial.

14 (f) LAND TRANSFER, ARLINGTON RIDGE TRACT.—

15 (1) TRANSFER REQUIRED.—Within 30 days after

16 the date of the enactment of this Act, the Secretary of

17 the Interior shall transfer, without reimbursement, to

18 the Secretary of the Army administrative jurisdiction

19 over the Arlington Ridge tract.

20 (2) USE OF LAND.—The Secretary of the Army

21 shall incorporate the Arlington Ridge tract into Ar22 lington National Cemetery and may designate and

23 use up to 15 acres of that portion of the tract east of

24 the Netherlands Carillon and Marine Corps Memorial

25 as new in-ground burial sites, for both full casket and
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1 cremated remains, for the burial of eligible individ2 uals in Arlington National Cemetery. Burial sites

3 shall not be developed within 50 feet of the pathway,

4 in existence as of the date of the enactment of this

5 Act, that connects the Netherlands Carillon and the

6 Marine Corps Memorial or the existing roadway that

7 circles the Marine Corps Memorial. No other struc8 tures shall be permitted on the Arlington Ridge tract.

9 (3) ACCESS AND MANAGEMENT OF EXISTING ME10 MORIALS.—The Secretary of the Army and the Sec11 retary of the Interior shall enter into a cooperative

12 agreement to continue National Park Service manage13 ment of the Netherlands Carillon and the Marine

14 Corps Memorial and to guarantee public access to

15 these locations.

16 (g) LAND TRANSFER, SECTION 29.—

17 (1) TRANSFER REQUIRED.—Within 30 days after

18 the date of the enactment of this Act, the Secretary of

19 the Interior shall transfer, without reimbursement, to

20 the Secretary of the Army administrative jurisdiction

21 over that portion of Section 29 located more than 50

22 feet from Sherman Drive and located between Ord

23 and Weitzel Drive and the southern boundary of Sec24 tion 29.
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1 (2) USE OF LAND.—The Secretary of the Army

2 shall use the transferred property only for the develop3 ment of in-ground burial sites and columbarium

4 which are designed to meet the contours of Section 29.

5 The Secretary of the Army shall preserve the natural

6 setting of the parcel and the mature trees on the par7 cel to the greatest extent practicable while providing

8 for its efficent use as burial space.

9 (3) MANAGEMENT OF REMAINDER.—The Sec10 retary of the Army and the Secretary of the Interior

11 shall enter into a cooperative agreement to continue

12 National Park Service management of that portion of

13 Section 29 that is not transferred under this sub14 section to provide a natural setting and visual buffer

15 for Arlington House, the Robert E. Lee Memorial.

16 (h) REMOVAL OF ARLINGTON NAVAL ANNEX AS POS17 SIBLE NATIONAL MILITARY MUSEUM SITE.—

18 (1) EXISTING NAVY ANNEX TRANSFER.—Section

19 2881 of the Military Construction Authorization Act

20 for Fiscal Year 2000 (division B of Public Law 106–

21 65; 113 Stat. 879) is amended—

22 (A) in subsection (b)—

23 (i) by striking ‘‘(1) Subject to para24 graph (2), the’’ and inserting ‘‘The’’; and

25 (ii) by striking paragraph (2);
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1 (B) by striking subsections (d), (e), and (f);

2 and

3 (C) by redesignating subsections (g) and (h)

4 as subsections (d) and (e), respectively.

5 (2) COMMISSION ON NATIONAL MILITARY MU6 SEUM.—Section 2902 of the Military Construction

7 Authorization Act for Fiscal Year 2000 (division B of

8 Public Law 106–65; 113 Stat. 881; 10 U.S.C. 111

9 note) is amended by striking subsection (d) and in10 serting the following new subsection:

11 ‘‘(d) PROHIBITION ON CONSIDERATION OF ARLINGTON

12 NAVAL ANNEX.—The Commission may not consider any

13 portion of the Navy Annex property described in section

14 2881 as a possible site for a national military museum.’’.

15 SEC. 2863. MANAGEMENT OF THE PRESIDIO OF SAN FRAN16 CISCO.

17 (a) AUTHORITY TO LEASE CERTAIN HOUSING UNITS

18 FOR USE AS ARMY HOUSING.—Title I of division I of the

19 Omnibus Parks and Public Lands Management Act of 1996

20 (Public Law 104–333; 16 U.S.C. 460bb note) is amended

21 by adding at the end the following new section:

22 ‘‘SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN

23 HOUSING UNITS WITHIN THE PRESIDIO.

24 ‘‘(a) AVAILABILITY OF HOUSING UNITS FOR LONG25 TERM ARMY LEASE.—Subject to subsection (c), the Trust
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1 shall make available for lease, to those persons designated

2 by the Secretary of the Army and for such length of time

3 as requested by the Secretary of the Army, 22 housing units

4 located within the Presidio that are under the administra5 tive jurisdiction of the Trust and specified in the agreement

6 between the Trust and the Secretary of the Army in exist7 ence as of the date of the enactment of this section.

8 ‘‘(b) LEASE AMOUNT.—The monthly amount charged

9 by the Trust for the lease of a housing unit under this sec10 tion shall be equivalent to the monthly rate of the basic al11 lowance for housing that the occupant of the housing unit

12 is entitled to receive under section 403 of title 37, United

13 States Code.

14 ‘‘(c) CONDITION ON CONTINUED AVAILABILITY OF

15 HOUSING UNITS.—Effective after the end of the four-year

16 period beginning on the date of the enactment of this sec17 tion, the Trust shall have no obligation to make housing

18 units available under subsection (a) unless, during that

19 four-year period, the Secretary of the Treasury purchases

20 new obligations of at least $80,000,000 issued by the Trust

21 under section 104(d)(2). In the event that this condition

22 is not satisfied, the existing agreement referred to in sub23 section (a) shall be renewed on the same terms and condi24 tions for an additional two years.’’.
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1 (b) INCREASED BORROWING AUTHORITY AND TECH2 NICAL CORRECTIONS.—Paragraphs (2) and (3) of section

3 104(d) of title I of division I of the Omnibus Parks and

4 Public Lands Management Act of 1996, as amended by sec5 tion 334 of appendix C of Public Law 106–113 (113 Stat.

6 1501A–199) and amended and redesignated by section

7 101(13) of Public Law 106–176 (114 Stat. 25), are

8 amended—

9 (1) in paragraph (2), by striking ‘‘including a

10 review of the creditworthiness of the loan and estab11 lishment of a repayment schedule,’’ the second place

12 it appears; and

13 (2) in paragraph (3)—

14 (A) by striking ‘‘$50,000,000’’ and inserting

15 ‘‘$150,000,000’’; and

16 (B) by striking ‘‘paragraph (3) of’’.

17 SEC. 2864. EFFECT OF LIMITATION ON CONSTRUCTION OF

18 ROADS OR HIGHWAYS, MARINE CORPS BASE,

19 CAMP PENDLETON, CALIFORNIA.

20 Section 2851 of the Military Construction Authoriza21 tion Act for Fiscal Year 1999 (division B of Public Law

22 105–261; 112 Stat. 2219), as amended by section 2881 of

23 the Spence Act (114 Stat. 1654A–438), is amended by add24 ing at the end the following new subsection:
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1 ‘‘(g) LIMITATION ON CONSTRUCTION OF ROADS OR

2 HIGHWAYS.—If a State law enacted after January 1, 2001,

3 directly or indirectly prohibits or restricts the construction

4 or approval of a road or highway within the easement

5 granted under this section, the State law shall not be effec6 tive with respect to such construction or approval.’’.

7 SEC. 2865. ESTABLISHMENT OF WORLD WAR II MEMORIAL

8 AT ADDITIONAL LOCATION ON GUAM.

9 Section 2886 of the Military Construction Authoriza10 tion Act for Fiscal Year 2001 (division B of the Spence

11 Act; 114 Stat. 1654A–441) is amended—

12 (1) in subsection (a), by inserting ‘‘, and on Fed13 eral lands near Yigo,’’ after ‘‘Fena Caves’’;

14 (2) in the heading of subsection (b), by striking

15 ‘‘MEMORIAL’’ and inserting ‘‘MEMORIALS’’; and

16 (3) in subsections (b) and (c), by striking ‘‘me17 morial’’ each place it appears and inserting ‘‘memo18 rials’’.

19 SEC. 2866. ADDITIONAL EXTENSION OF DEMONSTRATION

20 PROJECT FOR PURCHASE OF FIRE, SECURITY,

21 POLICE, PUBLIC WORKS, AND UTILITY SERV22 ICES FROM LOCAL GOVERNMENT AGENCIES.

23 Section 816(c) of the National Defense Authorization

24 Act for Fiscal Year 1995 (Public Law 103–337; 108 Stat.

25 2820), as added by section 2873 of the Strom Thurmond
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1 National Defense Authorization Act for Fiscal Year 1999

2 (Public Law 105–261; 112 Stat. 2225), is amended by in3 serting before the period at the end the following: ‘‘, with

4 regard to fire-fighting and police services, and September

5 30, 2003, with regard to other services described in under

6 subsection (a)’’.

7 SEC. 2867. CONVEYANCE OF AVIGATION EASEMENTS,

8 FORMER NORTON AIR FORCE BASE, CALI9 FORNIA.

10 The Administrator of General Services shall convey,

11 without consideration, to the Inland Valley Development

12 Agency (the redevelopment authority for former Norton Air

13 Force Base, California) two avigation easements (identified

14 as APN 289–231–08 and APN 289–232–08) held by the

15 United States.

16 SEC. 2868. REPORT ON OPTIONS TO PROMOTE ECONOMIC

17 DEVELOPMENT IN COMMUNITY ADJACENT TO

18 UNITED STATES MILITARY ACADEMY, NEW

19 YORK.

20 (a) REPORT REQUIRED.—Not later than February 1,

21 2002, the Secretary of the Army shall submit to Congress

22 a report evaluating various options by which the Secretary

23 may promote economic development in the Village of High24 land Falls, New York, which is located adjacent to the

25 United States Military Academy.
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1 (b) SPECIFIC CONSIDERATION OF CERTAIN OP2 TIONS.—Among the options evaluated under subsection (a),

3 the Secretary shall specifically address the following:

4 (1) The fee simple conveyance of real property

5 under the jurisdiction of the Secretary in the Town

6 of Highlands, New York, to the Village, without con7 sideration, for the purpose of permitting the Village

8 to use the property to promote economic development.

9 (2) Use by the Secretary of the authority under

10 section 2667 of title 10, United States Code, to make

11 non-excess real property under the jurisdiction of the

12 Secretary available to the Village for such purpose.

13 TITLE XXIX—FORT IRWIN

14 MILITARY LAND WITHDRAWAL

15 SEC. 2901. SHORT TITLE.

16 This title may be cited as the ‘‘Fort Irwin Military

17 Land Withdrawal Act of 2001’’.

18 SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR

19 NATIONAL TRAINING CENTER.

20 (a) WITHDRAWAL.—Subject to valid existing rights

21 and except as otherwise provided in this title, all public

22 lands and interests in lands described in subsection (c) are

23 hereby withdrawn from all forms of appropriation under

24 the general land laws, including the mining laws and min25 eral and geothermal leasing laws, and jurisdiction over such
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1 lands and interests in lands withdrawn and reserved by this

2 title is hereby transferred to the Secretary of the Army.

3 (b) RESERVATION.—The lands withdrawn under sub4 section (a) are reserved for use by the Secretary of the Army

5 for the following purposes:

6 (1) The conduct of combined arms military

7 training at the National Training Center.

8 (2) The development and testing of military

9 equipment at the National Training Center.

10 (3) Other defense-related purposes consistent

11 with the purposes specified in paragraphs (1) and

12 (2).

13 (4) Conservation and related research purposes.

14 (c) LAND DESCRIPTION.—The public lands and inter15 ests in lands withdrawn and reserved by this section com16 prise approximately 110,000 acres in San Bernardino

17 County, California, as generally depicted as ‘‘Proposed

18 Withdrawal Land’’ on the map entitled ‘‘National Training

19 Center—Proposed Withdrawal of Public Lands for Train20 ing Purposes,’’ dated September 21, 2000, and filed in ac21 cordance with section 2903.

22 (d) CHANGES IN USE.—The Secretary of the Army

23 shall consult with the Secretary of the Interior before using

24 the lands withdrawn and reserved by this section for any
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1 purpose other than those purposes identified in subsection

2 (b).

3 (e) INDIAN TRIBES.—Nothing in this title shall be con4 strued as altering any rights reserved for tribal use by trea5 ty or Federal law. The Secretary of the Army shall consult

6 with federally recognized Indian tribes in the vicinity of

7 the lands withdrawn under subsection (a) before taking ac8 tion affecting rights or cultural resources protected by trea9 ty or Federal law.

10 SEC. 2903. MAP AND LEGAL DESCRIPTION.

11 (a) PREPARATION OF MAP AND LEGAL DESCRIP12 TION.—As soon as practicable after the date of the enact13 ment of this Act, the Secretary of the Interior shall—

14 (1) publish in the Federal Register a notice con15 taining the legal description of the lands withdrawn

16 and reserved by this title; and

17 (2) file a map and legal description of the lands

18 withdrawn and reserved by this title with the Com19 mittee on Energy and Natural Resources of the Sen20 ate and the Committee on Resources of the House of

21 Representatives.

22 (b) LEGAL EFFECT.—The map and legal description

23 shall have the same force and effect as if included in this

24 title, except that the Secretary of the Interior may correct
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1 clerical and typographical errors in the map and legal de2 scription.

3 (c) AVAILABILITY.—Copies of the map and the legal

4 description shall be available for public inspection in the

5 following offices:

6 (1) The offices of the California State Director,

7 California Desert District Office, and Riverside and

8 Barstow Field Offices of the Bureau of Land Manage9 ment.

10 (2) The Office of the Commander, National

11 Training Center and Fort Irwin.

12 (d) COSTS.—The Secretary of the Army shall reim13 burse the Secretary of the Interior for the costs incurred

14 by the Secretary of the Interior in implementing this sec15 tion.

16 SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED

17 LANDS.

18 (a) GENERAL MANAGEMENT AUTHORITY.—During the

19 period of the withdrawal and reservation made by this title,

20 the Secretary of the Army shall manage the lands with21 drawn and reserved by this title for the purposes specified

22 in section 2902.

23 (b) TEMPORARY PROHIBITION ON CERTAIN USE.—

24 Military use of the lands withdrawn and reserved by this

25 title that result in ground disturbance, as determined by
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•S 1438 EAH

1 the Secretary of the Army and the Secretary of the Interior,

2 are prohibited until the Secretary of the Army and the Sec3 retary of the Interior certify to Congress that there has been

4 full compliance with respect to such lands with the appro5 priate provisions of this title, the Endangered Species Act

6 of 1973 (16 U.S.C. 1531 et seq.), the National Environ7 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and

8 other applicable laws.

9 (c) ACCESS RESTRICTIONS.—

10 (1) IN GENERAL.—If the Secretary of the Army

11 determines that military operations, public safety, or

12 national security require the closure to the public of

13 any road, trail, or other portion of the lands with14 drawn and reserved by this title, the Secretary may

15 take such action as the Secretary determines nec16 essary or desirable to effect and maintain such clo17 sure.

18 (2) LIMITATION.—Any closure under paragraph

19 (1) shall be limited to the minimum areas and peri20 ods that the Secretary of the Army determines are re21 quired for the purposes specified in such paragraph.

22 (3) NOTICE.—Immediately preceding and during

23 any closure under paragraph (1), the Secretary of the

24 Army shall post appropriate warning notices and
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1 take other steps, as necessary, to notify the public of

2 the closure.

3 (d) INTEGRATED NATURAL RESOURCES MANAGEMENT

4 PLAN.—The Secretary of the Army shall prepare and im5 plement, in accordance with title I of the Sikes Act (16

6 U.S.C. 670 et seq.), an integrated natural resources man7 agement plan for the lands withdrawn and reserved by this

8 title. In addition to the elements required under the Sikes

9 Act, the integrated natural resources management plan

10 shall include the following:

11 (1) A requirement that any hunting, fishing, and

12 trapping on the lands withdrawn and reserved by this

13 title be conducted in accordance with section 2671 of

14 title 10, United States Code.

15 (2) A requirement that the Secretary of the

16 Army take necessary actions to prevent, suppress, and

17 manage brush and range fires occurring within the

18 boundaries of Fort Irwin and brush and range fires

19 occurring outside the boundaries of Fort Irwin that

20 result from military activities at Fort Irwin.

21 (e) FIREFIGHTING.—Notwithstanding section 2465 of

22 title 10, United States Code, the Secretary of the Army may

23 obligate funds appropriated or otherwise available to the

24 Secretary of the Army to enter into a memorandum of un25 derstanding, cooperative agreement, or contract for fire
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1 fighting services to carry out the requirements of subsection

2 (d)(2). The Secretary of the Army shall reimburse the Sec3 retary of the Interior for costs incurred by the Secretary

4 of the Interior to assist in carrying out the requirements

5 of such subsection.

6 (f) CONSULTATION WITH NATIONAL AERONAUTICS

7 AND SPACE ADMINISTRATION.—In preparing and imple8 menting any plan, report, assessment, survey, opinion, or

9 impact statement regarding the lands withdrawn and re10 served by this title, the Secretary of the Army shall consult

11 with the Administrator of the National Aeronautics and

12 Space Administration whenever proposed Army actions

13 have the potential to affect the operations or the environ14 mental management of the Goldstone Deep Space Commu15 nications Complex. The requirement for consultation shall

16 apply, at a minimum, to the following:

17 (1) Plans for military training, military equip18 ment testing, or related activities that have the poten19 tial of impacting communications between Goldstone

20 Deep Space Communications Complex and space

21 flight missions or other transmission or receipt of sig22 nals from outer space by the Goldstone Deep Space

23 Communications Complex.

24 (2) The integrated natural resources manage25 ment plan required by subsection (d).
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1 (3) The West Mojave Coordinated Management

2 Plan referred to in section 2907.

3 (4) Any document prepared in compliance with

4 the Endangered Species Act of 1973, the National En5 vironmental Policy Act of 1969, and other laws appli6 cable to the lands withdrawn and reserved by this

7 title.

8 (g) USE OF MINERAL MATERIALS.—Notwithstanding

9 any other provision of this title or the Act of July 31, 1947

10 (commonly known as the Materials Act of 1947, 30 U.S.C.

11 601 et seq.), the Secretary of the Army may use sand, grav12 el, or similar mineral material resources of the type subject

13 to disposition under such Act from the lands withdrawn

14 and reserved by this title if the use of such resources is re15 quired for construction needs of the National Training Cen16 ter.

17 SEC. 2905. WATER RIGHTS.

18 (a) NO RESERVED WATER RIGHT ESTABLISHED.—

19 Nothing in this title shall be construed—

20 (1) to establish a reservation in favor of the

21 United States with respect to any water or water

22 right on the lands withdrawn and reserved by this

23 title; or

24 (2) to authorize the appropriation of water on

25 such lands by the United States after the date of the
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•S 1438 EAH

1 enactment of this Act, except in accordance with ap2 plicable State law.

3 (b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED

4 WATER RIGHTS.—This section shall not be construed to af5 fect any water rights acquired or reserved by the United

6 States before the date of the enactment of this Act, and the

7 Secretary of the Army may exercise any such previously

8 acquired or reserved water rights.

9 SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRON10 MENTAL RESPONSE REQUIREMENTS.

11 (a) AGREEMENT CONCERNING ENVIRONMENT AND

12 PUBLIC HEALTH.—The Secretary of the Army and the Sec13 retary of the Interior may enter into such agreements con14 cerning the environment and public health as are necessary,

15 appropriate, and in the public interest to carry out the pur16 poses of this title.

17 (b) RELATION TO OTHER ENVIRONMENTAL LAWS.—

18 Nothing in this section shall be construed to alter the rights,

19 responsibilities, and obligations of the Secretary of the

20 Army or the Secretary of the Interior under the Comprehen21 sive Environmental Response, Compensation and Liability

22 Act of 1980 (42 U.S.C. 9601 et seq.) or other environmental

23 laws applicable to the lands withdrawn and reserved by this

24 title.
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1 SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT

2 PLAN.

3 (a) COMPLETION.—The Secretary of the Interior shall

4 make every effort to complete the West Mojave Coordinated

5 Management Plan not later than two years after the date

6 of the enactment of this Act.

7 (b) CONSIDERATION OF WITHDRAWAL AND RESERVA8 TION IMPACTS.—The Secretary of the Interior shall ensure

9 that the West Mojave Coordinated Management Plan con10 siders the impacts of the availability or nonavailability of

11 the lands withdrawn and reserved by this title on the plan

12 as a whole.

13 (c) CONSULTATION.—The Secretary of the Interior

14 shall consult with the Secretary of the Army and the Ad15 ministrator of the National Aeronautics and Space Admin16 istration in the development of the West Mojave Coordi17 nated Management Plan.

18 SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS.

19 Congress hereby finds and directs that lands with20 drawn and reserved by this title have been adequately stud21 ied for wilderness designation pursuant to section 603(c)

22 of the Federal Land Policy and Management Act of 1976

23 (43 U.S.C. 1782(c)), and are no longer subject to the re24 quirement of such section pertaining to the management of

25 wilderness study areas in a manner that does not impair

26 the suitability of such areas for preservation as wilderness.
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1 SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY

2 CORRIDORS.

3 (a) REQUIRED SEPARATION.—All military ground ac4 tivity training on the lands withdrawn and reserved by this

5 title shall remain at least 500 meters from any utility sys6 tem, in existence as of the date of the enactment of this Act,

7 in Utility Planning Corridor D, as described in the Cali8 fornia Desert Conservation Area Plan, dated 1980 and sub9 sequently amended.

10 (b) EXCEPTION.—Subsection (a) does not modify the

11 use of any lands used, as of the date of the enactment of

12 this Act, by the National Training Center for training or

13 alter any right of access granted by interagency agreement.

14 SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION.

15 (a) TERMINATION DATE.—Unless extended pursuant

16 to section 2911, unless relinquishment is postponed by the

17 Secretary of the Interior pursuant to section 2912(b), and

18 except as provided in section 2912(d), the withdrawal and

19 reservation made by this title shall terminate 25 years after

20 the date of the enactment of this Act.

21 (b) LIMITATION ON SUBSEQUENT AVAILABILITY FOR

22 APPROPRIATION.—At the time of termination of the with23 drawal and reservation made by this title, the previously

24 withdrawn lands shall not be open to any forms of appro25 priation under the general land laws, including the mining

26 laws and the mineral and geothermal leasing laws, until
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1 the Secretary of the Interior publishes in the Federal Reg2 ister an appropriate order that shall state the date upon

3 which such lands shall be restored to the public domain and

4 opened.

5 SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RES6 ERVATION.

7 (a) NOTIFICATION REQUIREMENT.—Not later than

8 three years before the termination date specified in section

9 2910(a), the Secretary of the Army shall notify Congress

10 and the Secretary of the Interior concerning whether the

11 Army will have a continuing military need, beyond the ter12 mination date, for all or any portion of the lands with13 drawn and reserved by this title.

14 (b) PROCESS FOR EXTENSION OF WITHDRAWAL AND

15 RESERVATION.—

16 (1) CONSULTATION AND APPLICATION.—If the

17 Secretary of the Army determines that there will be

18 a continuing military need after the termination date

19 for any of the lands withdrawn and reserved by this

20 title, the Secretary of the Army shall—

21 (A) consult with the Secretary of the Inte22 rior concerning any adjustments to be made to

23 the extent of, or to the allocation of management

24 responsibility for, such needed lands; and
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1 (B) file with the Secretary of the Interior,

2 within one year after the notice required by sub3 section (a), an application for extension of the

4 withdrawal and reservation of such needed lands.

5 (2) APPLICATION REQUIREMENTS.—Notwith6 standing any general procedure of the Department of

7 the Interior for processing Federal land withdrawals,

8 an application for extension of the land withdrawal

9 and reservation made by this title shall be considered

10 to be complete if the application includes the informa11 tion required by section 3 of Public Law 85–337

12 (commonly known as the Engle Act; 43 U.S.C. 157),

13 except that no information shall be required con14 cerning the use or development of mineral, timber, or

15 grazing resources unless, and only to the extent, the

16 Secretary of the Army proposes to use or develop such

17 resources during the period of extension.

18 (c) SUBMISSION OF PROPOSED EXTENSION TO CON19 GRESS.—The Secretary of the Interior and the Secretary

20 of the Army may submit to Congress a legislative proposal

21 for the extension of the withdrawal and reservation made

22 by this title. The legislative proposal shall be accompanied

23 by an appropriate analysis of environmental impacts asso24 ciated with the proposal, as required by section 102(2)(C)
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1 of the National Environmental Policy Act of 1969 (42

2 U.S.C. 4332(2)(C)).

3 SEC. 2912. TERMINATION AND RELINQUISHMENT.

4 (a) NOTICE OF TERMINATION.—During the first 22

5 years of the withdrawal and reservation made by this title,

6 if the Secretary of the Army determines that there is no

7 continuing military need for the lands withdrawn and re8 served by this title, or any portion of such lands, the Sec9 retary of the Army shall submit to the Secretary of the Inte10 rior a notice of intent to relinquish jurisdiction over such

11 lands. The notice shall specify the proposed date of relin12 quishment.

13 (b) ACCEPTANCE OF JURISDICTION.—The Secretary of

14 the Interior may accept jurisdiction over any lands covered

15 by a notice under subsection (a) if the Secretary of the Inte16 rior determines that the Secretary of the Army has taken

17 or will take all environmental response and restoration ac18 tivities required under applicable laws and regulations.

19 (c) NOTICE OF ACCEPTANCE.—If the Secretary of the

20 Interior decides to accept jurisdiction over lands covered by

21 a notice under subsection (a) before the termination date

22 of the withdrawal and reservation, the Secretary shall pub23 lish in the Federal Register an appropriate order that

24 shall—
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1 (1) terminate the withdrawal and reservation of

2 such lands under this title;

3 (2) constitute official acceptance of administra4 tive jurisdiction over the lands by the Secretary of the

5 Interior; and

6 (3) state the date upon which such lands shall be

7 opened to the operation of the general land laws, in8 cluding the mining laws and the mineral and geo9 thermal leasing laws, if appropriate.

10 (d) RETAINED ARMY JURISDICTION.—Notwith11 standing the termination date specified in section 2910, un12 less and until the Secretary of the Interior accepts jurisdic13 tion of land proposed for relinquishment pursuant to this

14 section, such land shall remain withdrawn and reserved for

15 the Secretary of the Army for the limited purposes of envi16 ronmental response and restoration actions under section

17 2906 and continued land management responsibilities pur18 suant to the integrated natural resources management plan

19 required under section 2904, until such environmental re20 sponse and restoration activities on those lands are com21 pleted.

22 (e) SEVERABILITY OF FUNCTIONS.—All functions de23 scribed under this section, including transfers,

24 relinquishments, extensions, and other determinations, may

25 be made on a parcel-by-parcel basis.
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1 SEC. 2913. DELEGATION OF AUTHORITY.

2 (a) SECRETARY OF THE ARMY.—The Secretary of the

3 Army may delegate to officials in the Department of the

4 Army such functions as the Secretary of the Army may de5 termine appropriate to carry out this title.

6 (b) SECRETARY OF THE INTERIOR.—The functions of

7 the Secretary of the Interior under this title may be dele8 gated, except that the order described in section 2912(c)

9 may be approved and signed only by the Secretary of the

10 Interior, the Deputy Secretary of the Interior, or an Assist11 ant Secretary of the Department of the Interior.

12 DIVISION C—DEPARTMENT OF

13 ENERGY NATIONAL SECURITY

14 AUTHORIZATIONS AND

15 OTHER AUTHORIZATIONS

16 TITLE XXXI—DEPARTMENT OF

17 ENERGY NATIONAL SECURITY

18 PROGRAMS

19 Subtitle A—National Security

20 Programs Authorizations

21 SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRA22 TION.

23 Funds are hereby authorized to be appropriated to the

24 Department of Energy for fiscal year 2002 for the activities

25 of the National Nuclear Security Administration in car-
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•S 1438 EAH

1 rying out programs necessary for national security in the

2 amount of $6,859,895,000, to be allocated as follows:

3 (1) WEAPONS ACTIVITIES.—For weapons activi4 ties, $5,369,488,000, to be allocated as follows:

5 (A) For stewardship operation and mainte6 nance, $4,527,192,000, to be allocated as follows:

7 (i) For directed stockpile work,

8 $1,043,791,000.

9 (ii) For campaigns, $2,036,413,000, to

10 be allocated as follows:

11 (I) For operation and mainte12 nance, $1,653,441,000.

13 (II) For construction,

14 $382,972,000, to be allocated as fol15 lows:

16 Project 01–D–101, distrib17 uted information systems labora18 tory, Sandia National Labora19 tories, Livermore, California,

20 $5,400,000.

21 Project 00–D–103, terascale

22 simulation facility, Lawrence

23 Livermore National Laboratory,

24 Livermore, California,

25 $20,000,000.
479

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1 Project 00–D–105, strategic

2 computing complex, Los Alamos

3 National Laboratory, Los Alamos,

4 New Mexico, $11,070,000.

5 Project 00–D–107, joint com6 putational engineering laboratory,

7 Sandia National Laboratories, Al8 buquerque, New Mexico,

9 $5,377,000.

10 Project 98–D–125, tritium

11 extraction facility, Savannah

12 River Plant, Aiken, South Caro13 lina, $81,125,000.

14 Project 98–D–126, accel15 erator production of tritium

16 (APT), various locations,

17 $15,000,000.

18 Project 96–D–111, national

19 ignition facility (NIF), Lawrence

20 Livermore National Laboratory,

21 Livermore, California,

22 $245,000,000.

23 (iii) For readiness in technical base

24 and facilities, $1,446,988,000, to be allo25 cated as follows:
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1 (I) For operation and mainte2 nance, $1,292,324,000.

3 (II) For plant projects (including

4 maintenance, restoration, planning,

5 construction, acquisition, modification

6 of facilities, and the continuation of

7 projects authorized in prior years, and

8 land acquisition related thereto),

9 $154,664,000, to be allocated as fol10 lows:

11 Project 02–D–101, micro12 systems and engineering sciences

13 applications (MESA), Sandia Na14 tional Laboratories, Albuquerque,

15 New Mexico, $2,000,000.

16 Project 02–D–103, project

17 engineering and design (PED),

18 various locations, $9,180,000.

19 Project 02–D–107, electrical

20 power systems safety communica21 tions and bus upgrades, Nevada

22 Test Site, Nevada, $3,507,000.

23 Project 01–D–103, prelimi24 nary project design and engineer-
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1 ing, various locations,

2 $45,379,000.

3 Project 01–D–124, highly en4 riched uranium (HEU) materials

5 storage facility, Y–12 Plant, Oak

6 Ridge, Tennessee, $9,500,000.

7 Project 01–D–126, weapons

8 evaluation test laboratory, Pantex

9 Plant, Amarillo, Texas,

10 $7,700,000.

11 Project 01–D–800, sensitive

12 compartmented information facil13 ity, Lawrence Livermore National

14 Laboratory, Livermore, Cali15 fornia, $12,993,000.

16 Project 99–D–103, isotope

17 sciences facilities, Lawrence

18 Livermore National Laboratory,

19 Livermore, California, $4,400,000.

20 Project 99–D–104, protection

21 of real property (roof reconstruc22 tion, phase II), Lawrence Liver23 more National Laboratory, Liver24 more, California, $2,800,000.
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1 Project 99–D–106, model val2 idation and system certification

3 center, Sandia National Labora4 tories, Albuquerque, New Mexico,

5 $4,955,000.

6 Project 99–D–125, replace

7 boilers and controls, Kansas City

8 Plant, Kansas City, Missouri,

9 $300,000.

10 Project 99–D–127, stockpile

11 management restructuring initia12 tive, Kansas City plant, Kansas

13 City, Missouri, $22,200,000.

14 Project 99–D–128, stockpile

15 management restructuring initia16 tive, Pantex Plant, Amarillo,

17 Texas, $3,300,000.

18 Project 98–D–123, stockpile

19 management restructuring initia20 tive, tritium facility moderniza21 tion and consolidation, Savannah

22 River Plant, Aiken, South Caro23 lina, $13,700,000.

24 Project 98–D–124, stockpile

25 management restructuring initia-
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1 tive, Y–12 consolidation, Oak

2 Ridge, Tennessee, $6,850,000.

3 Project 97–D–123, structural

4 upgrades, Kansas City Plant,

5 Kansas City, Missouri,

6 $3,000,000.

7 Project 96–D–102, stockpile

8 stewardship facilities revitaliza9 tion, Phase VI, various locations,

10 $2,900,000.

11 (B) For facilities and infrastructure,

12 $50,600,000.

13 (C) For secure transportation asset,

14 $121,800,000, to be allocated as follows:

15 (i) For operation and maintenance,

16 $77,571,000.

17 (ii) For program direction,

18 $44,229,000.

19 (D) For safeguards and security,

20 $448,881,000, to be allocated as follows:

21 (i) For operations and maintenance,

22 $439,281,000.

23 (ii) For plant projects (including

24 maintenance, restoration, planning, con25 struction, acquisition, modification of fa-
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•S 1438 EAH

1 cilities, and the continuation of projects au2 thorized in prior years, and land acquisi3 tion related thereto), $9,600,000, to be allo4 cated as follows:

5 Project 99–D–132, stockpile man6 agement restructuring initiative, nu7 clear material safeguards and security

8 upgrades project, Los Alamos National

9 Laboratory, Los Alamos, New Mexico,

10 $9,600,000.

11 (E) For program direction, $250,000,000.

12 (F) The total amount authorized by this

13 paragraph is the sum of the amounts authorized

14 to be appropriated by subparagraphs (A)

15 through (E), reduced by $28,985,000, to be de16 rived from a security charge for reimbursable

17 work.

18 (2) DEFENSE NUCLEAR NONPROLIFERATION.—

19 For other nuclear security activities, $773,700,000, to

20 be allocated as follows:

21 (A) For nonproliferation and verification

22 research and development, $206,102,000, to be

23 allocated as follows:

24 (i) For operation and maintenance,

25 $170,296,000.
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1 (ii) For plant projects (including

2 maintenance, restoration, planning, con3 struction, acquisition, modification of fa4 cilities, and the continuation of projects au5 thorized in prior years, and land acquisi6 tion related thereto), $35,806,000, to be allo7 cated as follows:

8 Project 00–D–192, nonprolifera9 tion and international security center

10 (NISC), Los Alamos National Labora11 tory, Los Alamos, New Mexico,

12 $35,806,000.

13 (B) For arms control, $101,500,000.

14 (C) For international materials protection,

15 control, and accounting, $138,800,000.

16 (D) For highly enriched uranium trans17 parency implementation, $13,950,000.

18 (E) For international nuclear safety,

19 $10,800,000.

20 (F) For fissile materials control and dis21 position, $293,089,000, to be allocated as follows:

22 (i) For United States surplus fissile

23 materials disposition, $236,089,000, to be

24 allocated as follows:
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1 (I) For operation and mainte2 nance, $130,089,000.

3 (II) For plant projects (including

4 maintenance, restoration, planning,

5 construction, acquisition, modification

6 of facilities, and the continuation of

7 projects authorized in prior years, and

8 land acquisition related thereto),

9 $106,000,000, to be allocated as fol10 lows:

11 Project 01–D–407, highly en12 riched uranium blend-down, Sa13 vannah River Site, Aiken, South

14 Carolina, $24,000,000.

15 Project 99–D–141, pit dis16 assembly and conversion facility,

17 Savannah River Site, Aiken,

18 South Carolina, $16,000,000.

19 Project 99–D–143, mixed

20 oxide fuel fabrication facility, Sa21 vannah River Site, Aiken, South

22 Carolina, $63,000,000.

23 Project 99–D–142, immo24 bilization and associated proc25 essing facility, Savannah River
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•S 1438 EAH

1 Site, Aiken, South Carolina,

2 $3,000,000.

3 (ii) For Russian surplus fissile mate4 rials disposition, $57,000,000, to be allo5 cated as follows:

6 (I) For Russian plutonium dis7 position, and support and oversight in

8 the United States, $56,000,000.

9 (II) For advanced reactor tech10 nology, $1,000,000.

11 (G) For program direction, $51,459,000.

12 (H) The total amount authorized by this

13 paragraph is the sum of the amounts authorized

14 to be appropriated by subparagraphs (A)

15 through (G), reduced by $42,000,000, to be de16 rived from offsets and use of prior year balances.

17 (3) NAVAL REACTORS.—For naval reactors,

18 $688,045,000, to be allocated as follows:

19 (A) For naval reactors development,

20 $665,445,000, to be allocated as follows:

21 (i) For operation and maintenance,

22 $652,245,000.

23 (ii) For plant projects (including

24 maintenance, restoration, planning, con25 struction, acquisition, modification of fa-
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•S 1438 EAH

1 cilities, and the continuation of projects au2 thorized in prior years, and land acquisi3 tion related thereto), $13,200,000, to be allo4 cated as follows:

5 Project 01–D–200, major office re6 placement building, Schenectady, New

7 York, $9,000,000.

8 Project 90–N–102, expended core

9 facility dry cell project, Naval Reactors

10 Facility, Idaho, $4,200,000.

11 (B) For program direction, $22,600,000.

12 (4) DEFENSE NUCLEAR COUNTERINTEL13 LIGENCE.—For defense nuclear counterintelligence,

14 $13,662,000.

15 (5) OFFICE OF ADMINISTRATOR FOR NUCLEAR

16 SECURITY.—For the Office of the Administrator for

17 Nuclear Security, for program direction, $15,000,000.

18 SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND

19 WASTE MANAGEMENT.

20 (a) IN GENERAL.—Funds are hereby authorized to be

21 appropriated to the Department of Energy for fiscal year

22 2002 for environmental restoration and waste management

23 activities in carrying out programs necessary for national

24 security in the amount of $4,646,427,000, to be allocated

25 as follows:
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1 (1) CLOSURE PROJECTS.—For closure projects

2 carried out in accordance with section 3143 of the

3 National Defense Authorization Act for Fiscal Year

4 1997 (Public Law 104–201; 110 Stat. 2836; 42

5 U.S.C. 7277n), $1,050,538,000.

6 (2) SITE/PROJECT COMPLETION.—For site com7 pletion and project completion in carrying out envi8 ronmental management activities necessary for na9 tional security programs, $920,196,000, to be allo10 cated as follows:

11 (A) For operation and maintenance,

12 $872,030,000.

13 (B) For plant projects (including mainte14 nance, restoration, planning, construction, ac15 quisition, modification of facilities, and the con16 tinuation of projects authorized in prior years,

17 and land acquisition related thereto),

18 $48,166,000, to be allocated as follows:

19 Project 02–D–420, FB line plutonium

20 stabilization and packaging, Savannah

21 River Site, Aiken, South Carolina,

22 $20,000,000.

23 Project 01–D–402, Intec cathodic pro24 tection system expansion, Idaho National
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•S 1438 EAH

1 Engineering and Environmental Labora2 tory, Idaho Falls, Idaho, $3,256,000.

3 Project 01–D–414, preliminary project,

4 engineering and design (PE&D), various lo5 cations, $10,254,000.

6 Project 99–D–402, tank farm support

7 services, F&H areas, Savannah River Site,

8 Aiken, South Carolina, $5,040,000.

9 Project 99–D–404, health physics in10 strumentation laboratory, Idaho National

11 Engineering and Environmental Labora12 tory, Idaho Falls, Idaho, $2,700,000.

13 Project 98–D–453, plutonium sta14 bilization and handling system for pluto15 nium finishing plant, Richland, Wash16 ington, $1,910,000.

17 Project 96–D–471, chlorofluorocarbon

18 heating, ventilation, and air conditioning

19 and chiller retrofit, Savannah River Site,

20 Aiken, South Carolina, $4,244,000.

21 Project 86–D–103, decontamination

22 and waste treatment facility, Lawrence

23 Livermore National Laboratory, Livermore,

24 California, $762,000.
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1 (3) POST-2006 COMPLETION.—For post-2006 com2 pletion in carrying out environmental restoration

3 and waste management activities necessary for na4 tional security programs, $3,021,201,000, to be allo5 cated as follows:

6 (A) For operation and maintenance,

7 $1,761,979,000.

8 (B) For plant projects (including mainte9 nance, restoration, planning, construction, ac10 quisition, modification of facilities, and the con11 tinuation of projects authorized in prior years,

12 and land acquisition related thereto), $6,754,000,

13 to be allocated as follows:

14 Project 93–D–187, high-level waste re15 moval from filled waste tanks, Savannah

16 River Site, Aiken, South Carolina,

17 $6,754,000.

18 (C) For the Office of River Protection in

19 carrying out environmental restoration and

20 waste management activities necessary for na21 tional security programs, $832,468,000, to be al22 located as follows:

23 (i) For operation and maintenance,

24 $272,151,000.
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1 (ii) For plant projects (including

2 maintenance, restoration, planning, con3 struction, acquisition, modification of fa4 cilities, and the continuation of projects au5 thorized in prior years, and land acquisi6 tion related thereto), $560,317,000, to be al7 located as follows:

8 Project 01–D–416, waste treat9 ment and immobilization plant, Rich10 land, Washington, $520,000,000.

11 Project 97–D–402, tank farm res12 toration and safe operations, Richland,

13 Washington, $33,473,000.

14 Project 94–D–407, initial tank re15 trieval systems, Richland, Washington,

16 $6,844,000.

17 (4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—

18 For science and technology development in carrying

19 out environmental restoration and waste management

20 activities necessary for national security programs,

21 $196,000,000.

22 (5) EXCESS FACILITIES.—For excess facilities in

23 carrying out environmental restoration and waste

24 management activities necessary for national security

25 programs, $1,300,000.
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1 (6) SAFEGUARDS AND SECURITY.—For safe2 guards and security in carrying out environmental

3 restoration and waste management activities nec4 essary for national security programs, $205,621,000.

5 (7) PROGRAM DIRECTION.—For program direc6 tion in carrying out environmental restoration and

7 waste management activities necessary for national

8 security programs, $355,761,000.

9 (b) ADJUSTMENT.—The total amount authorized to be

10 appropriated by subsection (a) is the sum of the amounts

11 authorized to be appropriated by paragraphs (1) through

12 (7) of that subsection, reduced by $53,652,000, to be derived

13 from offsets and use of prior year balances.

14 SEC. 3103. OTHER DEFENSE ACTIVITIES.

15 (a) IN GENERAL.—Funds are hereby authorized to be

16 appropriated to the Department of Energy for fiscal year

17 2002 for other defense activities in carrying out programs

18 necessary for national security in the amount of

19 $502,099,000, to be allocated as follows:

20 (1) INTELLIGENCE.—For intelligence,

21 $40,844,000.

22 (2) COUNTERINTELLIGENCE.—For counterintel23 ligence, $32,727,000.
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1 (3) SECURITY AND EMERGENCY OPERATIONS.—

2 For security and emergency operations, $269,250,000,

3 to be allocated as follows:

4 (A) For nuclear safeguards and security,

5 $121,188,000.

6 (B) For security investigations,

7 $44,927,000.

8 (C) For corporate management information

9 programs, $20,000,000.

10 (D) For program direction, $83,135,000.

11 (4) INDEPENDENT OVERSIGHT AND PERFORM12 ANCE ASSURANCE.—For independent oversight and

13 performance assurance, $14,904,000.

14 (5) ENVIRONMENT, SAFETY, AND HEALTH.—For

15 the Office of Environment, Safety, and Health,

16 $105,293,000, to be allocated as follows:

17 (A) For environment, safety, and health

18 (defense), $84,500,000.

19 (B) For program direction, $20,793,000.

20 (6) WORKER AND COMMUNITY TRANSITION AS21 SISTANCE.—For worker and community transition

22 assistance, $21,900,000, to be allocated as follows:

23 (A) For worker and community transition,

24 $19,000,000.

25 (B) For program direction, $2,900,000.
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1 (7) OFFICE OF HEARINGS AND APPEALS.—For

2 the Office of Hearings and Appeals, $2,893,000.

3 (8) NATIONAL SECURITY PROGRAMS ADMINISTRA4 TIVE SUPPORT.—For national security programs ad5 ministrative support, $25,000,000.

6 (b) ADJUSTMENT.—The amount authorized to be ap7 propriated pursuant to subsection (a) is the total of the

8 amounts authorized to be appropriated by paragraphs (1)

9 through (8) of that subsection, reduced by $10,712,000, of

10 which $10,000,000 is to reflect an offset provided by use

11 of prior year balances and $712,000 is to reflect an offset

12 provided by user organizations for security investigations.

13 SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRI14 VATIZATION.

15 Funds are hereby authorized to be appropriated to the

16 Department of Energy for fiscal year 2002 for privatization

17 initiatives in carrying out environmental restoration and

18 waste management activities necessary for national security

19 programs in the amount of $126,208,000, to be allocated

20 as follows:

21 Project 98–PVT–2, spent nuclear fuel dry stor22 age, Idaho Falls, Idaho, $49,332,000.

23 Project 97–PVT–2, advanced mixed waste treat24 ment project Idaho Falls, Idaho, $40,000,000.
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1 Project 97–PVT–3, transuranic waste treatment,

2 Oak Ridge, Tennessee, $10,826,000.

3 Project 98–PVT–5, environmental management/

4 waste management disposal, Oak Ridge, Tennessee,

5 $26,050,000.

6 SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL.

7 Funds are hereby authorized to be appropriated to the

8 Department of Energy for fiscal year 2002 for payment to

9 the Nuclear Waste Fund established in section 302(c) of the

10 Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) in

11 the amount of $310,000,000.

12 SEC. 3106. INCREASED AMOUNT FOR NONPROLIFERATION

13 AND VERIFICATION.

14 (a) NATIONAL NUCLEAR SECURITY ADMINISTRA15 TION.—The amounts provided in section 3101 for activities

16 of the National Nuclear Security Administration, and in

17 paragraph (2) of that section for defense nuclear non18 proliferation, are each hereby increased by $10,000,000, for

19 operation and maintenance for nonproliferation and

20 verification research and development (and the amounts

21 provided in subparagraph (A) of such paragraph (2) and

22 in clause (i) of such subparagraph are each hereby increased

23 by such amount).
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1 (b) OFFSET.—The amount provided in section 301(5)

2 is hereby reduced by $10,000,000, to be derived from

3 amounts for consulting services.

4 Subtitle B—Recurring General

5 Provisions

6 SEC. 3121. REPROGRAMMING.

7 (a) IN GENERAL.—Until the Secretary of Energy sub8 mits to the congressional defense committees the report re9 ferred to in subsection (b) and a period of 30 days has

10 elapsed after the date on which such committees receive the

11 report, the Secretary may not use amounts appropriated

12 pursuant to this title for any program—

13 (1) in amounts that exceed, in a fiscal year, the

14 amount authorized for that program by this title; or

15 (2) which has not been presented to, or requested

16 of, Congress.

17 (b) REPORT.—(1) The report referred to in subsection

18 (a) is a report containing a full and complete statement

19 of the action proposed to be taken and the facts and cir20 cumstances relied upon in support of the proposed action.

21 (2) In the computation of the 30-day period under sub22 section (a), there shall be excluded any day on which either

23 House of Congress is not in session because of an adjourn24 ment of more than 3 days to a day certain.
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1 (c) LIMITATIONS.—(1) In no event may the total

2 amount of funds obligated pursuant to this title exceed the

3 total amount authorized to be appropriated by this title.

4 (2) Funds appropriated pursuant to this title may not

5 be used for an item for which Congress has specifically de6 nied funds.

7 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

8 (a) IN GENERAL.—The Secretary of Energy may carry

9 out any construction project under the general plant

10 projects authorized by this title if the total estimated cost

11 of the construction project does not exceed $5,000,000.

12 (b) REPORT TO CONGRESS.—If, at any time during

13 the construction of any general plant project authorized by

14 this title, the estimated cost of the project is revised because

15 of unforeseen cost variations and the revised cost of the

16 project exceeds $5,000,000, the Secretary shall immediately

17 furnish a report to the congressional defense committees ex18 plaining the reasons for the cost variation.

19 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

20 (a) IN GENERAL.—(1) Except as provided in para21 graph (2), construction on a construction project may not

22 be started or additional obligations incurred in connection

23 with the project above the total estimated cost, whenever the

24 current estimated cost of the construction project, author25 ized by 3101, 3102, or 3103, or which is in support of na-
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1 tional security programs of the Department of Energy and

2 was authorized by any previous Act, exceeds by more than

3 25 percent the higher of—

4 (A) the amount authorized for the project; or

5 (B) the amount of the total estimated cost for the

6 project as shown in the most recent budget justifica7 tion data submitted to Congress.

8 (2) An action described in paragraph (1) may be taken

9 if—

10 (A) the Secretary of Energy has submitted to the

11 congressional defense committees a report on the ac12 tions and the circumstances making such action nec13 essary; and

14 (B) a period of 30 days has elapsed after the

15 date on which the report is received by the commit16 tees.

17 (3) In the computation of the 30-day period under

18 paragraph (2), there shall be excluded any day on which

19 either House of Congress is not in session because of an

20 adjournment of more than 3 days to a day certain.

21 (b) EXCEPTION.—Subsection (a) does not apply to a

22 construction project with a current estimated cost of less

23 than $5,000,000.
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1 SEC. 3124. FUND TRANSFER AUTHORITY.

2 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—The

3 Secretary of Energy may transfer funds authorized to be

4 appropriated to the Department of Energy pursuant to this

5 title to other Federal agencies for the performance of work

6 for which the funds were authorized. Funds so transferred

7 may be merged with and be available for the same purposes

8 and for the same time period as the authorizations of the

9 Federal agency to which the amounts are transferred.

10 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

11 (1) Subject to paragraph (2), the Secretary of Energy may

12 transfer funds authorized to be appropriated to the Depart13 ment of Energy pursuant to this title between any such au14 thorizations. Amounts of authorizations so transferred may

15 be merged with and be available for the same purposes and

16 for the same period as the authorization to which the

17 amounts are transferred.

18 (2) Not more than 5 percent of any such authorization

19 may be transferred between authorizations under para20 graph (1). No such authorization may be increased or de21 creased by more than 5 percent by a transfer under such

22 paragraph.

23 (c) LIMITATIONS.—The authority provided by this sec24 tion to transfer authorizations—

25 (1) may be used only to provide funds for items

26 relating to activities necessary for national security
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1 programs that have a higher priority than the items

2 from which the funds are transferred; and

3 (2) may not be used to provide funds for an item

4 for which Congress has specifically denied funds.

5 (d) NOTICE TO CONGRESS.—The Secretary of Energy

6 shall promptly notify the Committees on Armed Services

7 of the Senate and House of Representatives of any transfer

8 of funds to or from authorizations under this title.

9 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC10 TION DESIGN.

11 (a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1)

12 Subject to paragraph (2) and except as provided in para13 graph (3), before submitting to Congress a request for funds

14 for a construction project that is in support of a national

15 security program of the Department of Energy, the Sec16 retary of Energy shall complete a conceptual design for that

17 project.

18 (2) If the estimated cost of completing a conceptual

19 design for a construction project exceeds $3,000,000, the

20 Secretary shall submit to Congress a request for funds for

21 the conceptual design before submitting a request for funds

22 for the construction project.

23 (3) The requirement in paragraph (1) does not apply

24 to a request for funds—
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1 (A) for a construction project the total estimated

2 cost of which is less than $5,000,000; or

3 (B) for emergency planning, design, and con4 struction activities under section 3126.

5 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

6 Within the amounts authorized by this title, the Secretary

7 of Energy may carry out construction design (including ar8 chitectural and engineering services) in connection with

9 any proposed construction project if the total estimated cost

10 for such design does not exceed $600,000.

11 (2) If the total estimated cost for construction design

12 in connection with any construction project exceeds

13 $600,000, funds for that design must be specifically author14 ized by law.

15 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE16 SIGN, AND CONSTRUCTION ACTIVITIES.

17 (a) AUTHORITY.—The Secretary of Energy may use

18 any funds available to the Department of Energy pursuant

19 to an authorization in this title, including funds authorized

20 to be appropriated for advance planning and construction

21 design under sections 3101, 3102, and 3103, to perform

22 planning, design, and construction activities for any De23 partment of Energy national security program construction

24 project that, as determined by the Secretary, must proceed
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1 expeditiously in order to protect public health and safety,

2 to meet the needs of national defense, or to protect property.

3 (b) LIMITATION.—The Secretary may not exercise the

4 authority under subsection (a) in the case of any construc5 tion project until the Secretary has submitted to the con6 gressional defense committees a report on the activities that

7 the Secretary intends to carry out under this section and

8 the circumstances making those activities necessary.

9 (c) SPECIFIC AUTHORITY.—The requirement of section

10 3125(b)(2) does not apply to emergency planning, design,

11 and construction activities conducted under this section.

12 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU13 RITY PROGRAMS OF THE DEPARTMENT OF

14 ENERGY.

15 Subject to the provisions of appropriation Acts and

16 section 3121, amounts appropriated pursuant to this title

17 for management and support activities and for general

18 plant projects are available for use, when necessary, in con19 nection with all national security programs of the Depart20 ment of Energy.

21 SEC. 3128. AVAILABILITY OF FUNDS.

22 (a) IN GENERAL.—Except as provided in subsection

23 (b), when so specified in an appropriations Act, amounts

24 appropriated for operation and maintenance or for plant

25 projects may remain available until expended.
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1 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

2 Amounts appropriated for program direction pursuant to

3 an authorization of appropriations in subtitle A shall re4 main available to be expended only until the end of fiscal

5 year 2003.

6 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MAN7 AGEMENT FUNDS AT FIELD OFFICES OF THE

8 DEPARTMENT OF ENERGY.

9 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON10 MENTAL MANAGEMENT FUNDS.—The Secretary of Energy

11 shall provide the manager of each field office of the Depart12 ment of Energy with the authority to transfer defense envi13 ronmental management funds from a program or project

14 under the jurisdiction of the office to another such program

15 or project.

16 (b) LIMITATIONS.—(1) Only one transfer may be made

17 to or from any program or project under subsection (a) in

18 a fiscal year.

19 (2) The amount transferred to or from a program or

20 project under subsection (a) may not exceed $5,000,000 in

21 a fiscal year.

22 (3) A transfer may not be carried out by a manager

23 of a field office under subsection (a) unless the manager

24 determines that the transfer is necessary to address a risk

25 to health, safety, or the environment or to assure the most
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1 efficient use of defense environmental management funds at

2 the field office.

3 (4) Funds transferred pursuant to subsection (a) may

4 not be used for an item for which Congress has specifically

5 denied funds or for a new program or project that has not

6 been authorized by Congress.

7 (c) EXEMPTION FROM REPROGRAMMING REQUIRE8 MENTS.—The requirements of section 3121 shall not apply

9 to transfers of funds pursuant to subsection (a).

10 (d) NOTIFICATION.—The Secretary, acting through the

11 Assistant Secretary of Energy for Environmental Manage12 ment, shall notify Congress of any transfer of funds pursu13 ant to subsection (a) not later than 30 days after such

14 transfer occurs.

15 (e) DEFINITIONS.—In this section:

16 (1) The term ‘‘program or project’’ means, with

17 respect to a field office of the Department of Energy,

18 any of the following:

19 (A) A program referred to or a project listed

20 in paragraph (2) or (3) of section 3102.

21 (B) A program or project not described in

22 subparagraph (A) that is for environmental res23 toration or waste management activities nec24 essary for national security programs of the De25 partment, that is being carried out by the office,
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1 and for which defense environmental manage2 ment funds have been authorized and appro3 priated before the date of the enactment of this

4 Act.

5 (2) The term ‘‘defense environmental manage6 ment funds’’ means funds appropriated to the Depart7 ment of Energy pursuant to an authorization for car8 rying out environmental restoration and waste man9 agement activities necessary for national security pro10 grams.

11 (f ) DURATION OF AUTHORITY.—The managers of the

12 field offices of the Department may exercise the authority

13 provided under subsection (a) during fiscal year 2002.

14 SEC. 3130. TRANSFERS OF WEAPONS ACTIVITIES FUNDS AT

15 NATIONAL SECURITY LABORATORIES AND

16 NUCLEAR WEAPONS PRODUCTION FACILI17 TIES.

18 (a) TRANSFER AUTHORITY.—The Secretary of Energy,

19 acting through the Administrator for Nuclear Security,

20 shall provide the head of each national security laboratory

21 and nuclear weapons production facility with the authority

22 to transfer weapons activities funds from a program under

23 the jurisdiction of such laboratory or facility to another

24 such program.
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1 (b) LIMITATIONS.—(1) The amount transferred under

2 subsection (a) by a laboratory or facility in a fiscal year

3 may not exceed the lesser of—

4 (A) $5,000,000; and

5 (B) 10 percent of the total weapons activities

6 funds available to that laboratory or facility in that

7 fiscal year for programs under the jurisdiction of such

8 laboratory or facility.

9 (2) A transfer may not be carried out under subsection

10 (a) unless the head of the laboratory or facility determines

11 that the transfer will result in cost savings and efficiencies.

12 (3) A transfer may not be carried out under subsection

13 (a) to cover a cost overrun or scheduling delay for any pro14 gram.

15 (4) Funds transferred pursuant to subsection (a) may

16 not be used for an item for which Congress has specifically

17 denied, limited, or increased funds or for a new program

18 that has not been authorized by Congress.

19 (c) EXEMPTION FROM REPROGRAMMING REQUIRE20 MENTS.—The requirements of section 3121 shall not apply

21 to transfers of funds pursuant to subsection (a).

22 (d) NOTIFICATION.—The Secretary, acting through the

23 Administrator for Nuclear Security, shall notify Congress

24 of any transfer of funds pursuant to subsection (a) not later

25 than 30 days after such transfer occurs.
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1 (e) DEFINITIONS.—In this section:

2 (1) The term ‘‘program’’ means, with respect to

3 a national security laboratory or nuclear weapons

4 production facility, any of the following:

5 (A) A program referred to or listed in para6 graph (1) of section 3101.

7 (B) A program not described in subpara8 graph (A) that is for weapons production or

9 weapons component production of the National

10 Nuclear Security Administration that is being

11 carried out by the laboratory or facility, and for

12 which weapons activities funds have been author13 ized and appropriated before the date of the en14 actment of this Act.

15 (2) The term ‘‘weapons activities funds’’ means

16 funds appropriated to the Department of Energy pur17 suant to an authorization for weapons activities of

18 the National Nuclear Security Administration in car19 rying out programs necessary for national security.

20 (3) The terms ‘‘national security laboratory’’

21 and ‘‘nuclear weapons production facility’’ have the

22 meanings given such terms in section 3281 of the Na23 tional Nuclear Security Administration Act (title

24 XXXII of Public Law 106–65; 113 Stat. 968; 50

25 U.S.C. 2471).
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1 (f) DURATION OF AUTHORITY.—The heads of the na2 tional security laboratories and nuclear weapons produc3 tion facilities may exercise the authority provided under

4 subsection (a) during fiscal year 2002.

5 Subtitle C—Program Authoriza6 tions, Restrictions, and Limita7 tions

8 SEC. 3131. TERMINATION DATE OF OFFICE OF RIVER PRO9 TECTION, RICHLAND, WASHINGTON.

10 Subsection (f) of section 3139 of the Strom Thurmond

11 National Defense Authorization Act for Fiscal Year 1999

12 (Public Law 105–261; 112 Stat. 2250), as amended by sec13 tion 3141 of the Floyd D. Spence National Defense Author14 ization Act for Fiscal Year 2001 (as enacted into law by

15 Public Law 106–398; 114 Stat. 1654A–462), is amended

16 to read as follows:

17 ‘‘(f) TERMINATION.—(1) The Office shall terminate on

18 the later to occur of the following dates:

19 ‘‘(A) September 30, 2010.

20 ‘‘(B) The date on which the Assistant Secretary

21 of Energy for Environmental Management deter22 mines, in consultation with the head of the Office,

23 that continuation of the Office is no longer necessary

24 to carry out the responsibilities of the Department of

25 Energy under the Tri-Party Agreement.
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1 ‘‘(2) The Assistant Secretary shall notify, in writing,

2 the committees referred to in subsection (d) of a determina3 tion under paragraph (1).

4 ‘‘(3) In this subsection, the term ‘Tri-Party Agreement’

5 means the Hanford Federal Facility Agreement and Con6 sent Order entered into among the Department of Energy,

7 the Environmental Protection Agency, and the State of

8 Washington Department of Ecology.’’.

9 SEC. 3132. ORGANIZATIONAL MODIFICATIONS FOR NA10 TIONAL NUCLEAR SECURITY ADMINISTRA11 TION.

12 (a) ESTABLISHMENT OF PRINCIPAL DEPUTY ADMINIS13 TRATOR.—(1) Subtitle A of the National Nuclear Security

14 Administration Act is amended by inserting after section

15 3213 (50 U.S.C. 2403) the following new section:

16 ‘‘SEC. 3213A. PRINCIPAL DEPUTY ADMINISTRATOR.

17 ‘‘(a) IN GENERAL.—(1) There is in the Administration

18 a Principal Deputy Administrator, who is appointed by the

19 President, by and with the advice and consent of the Senate.

20 ‘‘(2) The Principal Deputy Administrator shall be ap21 pointed from among persons who—

22 ‘‘(A) have extensive background in national secu23 rity, organizational management, and appropriate

24 technical fields; and
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1 ‘‘(B) are well qualified to manage the nuclear

2 weapons, nonproliferation, and materials disposition

3 programs of the Administration in a manner that ad4 vances and protects the national security of the

5 United States.

6 ‘‘(b) DUTIES.—Subject to the authority, direction, and

7 control of the Administrator, the Principal Deputy Admin8 istrator shall perform such duties and exercise such powers

9 as the Administrator may prescribe, including the coordi10 nation of activities among the elements of the Administra11 tion. The Principal Deputy Administrator shall act for,

12 and exercise the powers of, the Administrator when the Ad13 ministrator is disabled or the position of Administrator is

14 vacant.’’.

15 (2) The table of contents preceding section 3201 of such

16 Act is amended by inserting after the item relating to sec17 tion 3213 the following new item:

‘‘Sec. 3213A. Principal Deputy Administrator.’’.

18 (3) Section 5315 of title 5, United States Code, is

19 amended—

20 (A) by inserting before the item relating to Dep21 uty Administrators of the National Nuclear Security

22 Administration the following new item:

23 ‘‘Principal Deputy Administrator, National Nu24 clear Security Administration.’’; and
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1 (B) by inserting ‘‘Additional’’ before ‘‘Deputy

2 Administrators of the National Nuclear Security Ad3 ministration’’.

4 (b) ELIMINATION OF REQUIREMENT THAT NATIONAL

5 SECURITY LABORATORIES AND NUCLEAR WEAPONS PRO6 DUCTION FACILITIES REPORT TO DEPUTY ADMINISTRATOR

7 FOR DEFENSE PROGRAMS.—Section 3214 of the National

8 Nuclear Security Administration Act (50 U.S.C. 2404) is

9 amended by striking subsection (c).

10 (c) REPEAL OF DUPLICATIVE PROVISION.—Section

11 3245 of the National Nuclear Security Administration Act

12 (50 U.S.C. 2443) is repealed.

13 SEC. 3133. CONSOLIDATION OF NUCLEAR CITIES INITIA14 TIVE PROGRAM WITH INITIATIVES FOR PRO15 LIFERATION PREVENTION PROGRAM.

16 The Administrator for Nuclear Security shall consoli17 date the Nuclear Cities Initiative program with the Initia18 tives for Proliferation Prevention program under a single

19 management line. The consolidation shall be completely ac20 complished not later than July 1, 2002.

21 SEC. 3134. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM

22 AT SAVANNAH RIVER SITE, AIKEN, SOUTH

23 CAROLINA.

24 (a) CONSULTATION REQUIRED.—The Secretary of En25 ergy shall consult with the Governor of the State of South
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1 Carolina regarding any decisions or plans of the Secretary

2 related to the disposition of surplus defense plutonium lo3 cated at the Savannah River Site, Aiken, South Carolina,

4 including the plan required by subsection (b).

5 (b) PLAN FOR DISPOSITION.—Not later than February

6 1, 2002, the Secretary shall submit to Congress a plan for

7 disposal of the surplus defense plutonium currently located

8 at the Savannah River Site and for disposal of defense plu9 tonium and defense plutonium materials to be shipped to

10 the Savannah River Site in the future. The plan shall re11 view each option considered for such disposal, identify the

12 preferred option, and state the cost of construction and op13 eration of the facilities required by the Department of Ener14 gy’s Record of Decision for the Storage and Disposition of

15 Weapons-Usable Fissile Materials Final Programmatic En16 vironmental Impact Statement dated January 14, 1997.

17 The plan shall also specify a schedule for the expeditious

18 construction of such facilities, including milestones, and a

19 firm schedule for funding the cost of such facilities. The

20 plan shall specify, in addition, the means by which all such

21 plutonium will be removed in a timely manner from the

22 Savannah River Site for storage or disposal elsewhere.

23 (c) REQUIREMENT FOR ALTERNATIVE DISPOSITION.—

24 If the Secretary determines that proceeding with construc25 tion of the Plutonium Immobilization Plant at the Savan-
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1 nah River Site is not feasible, the Department shall modify

2 the design of the Mixed Oxide Fuel Fabrication facility at

3 the Savannah River Site so that it includes an immobiliza4 tion capability. If the Secretary determines that proceeding

5 with the Mixed Oxide Fuel Fabrication facility is not fea6 sible, the Department shall proceed with construction of the

7 Plutonium Immobilization Plant.

8 (d) LIMITATION ON PLUTONIUM SHIPMENTS.—If the

9 plan required in subsection (b) is not submitted to Congress

10 by February 1, 2002, the Secretary shall be prohibited from

11 shipping defense plutonium or defense plutonium materials

12 to the Savannah River Site during the period beginning

13 on February 1, 2002, and ending on the date on which such

14 plan is submitted to Congress.

15 SEC. 3135. SUPPORT FOR PUBLIC EDUCATION IN THE VICIN16 ITY OF LOS ALAMOS NATIONAL LABORATORY,

17 NEW MEXICO.

18 (a) SUPPORT FOR FISCAL 2002.—From amounts ap19 propriated or otherwise made available to the Secretary of

20 Energy by this title—

21 (1) $5,000,000 shall be available for payment by

22 the Secretary for fiscal year 2002 to the not-for-profit

23 Los Alamos National Laboratory Foundation, as

24 chartered in accordance with section 3167(a) of the
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1 National Defense Authorization Act for Fiscal Year

2 1998 (Public Law 105–85; 111 Stat. 2052); and

3 (2) $8,000,000 shall be available for extension of

4 the contract between the Department of Energy and

5 the Los Alamos Public Schools through fiscal year

6 2002.

7 (b) SUPPORT FOR FISCAL 2003.—Subject to the avail8 ability of appropriations, the Secretary is authorized to—

9 (1) make payment for fiscal year 2003 similar

10 to the payment referred to in subsection (a)(1); and

11 (2) provide for a contract extension through fis12 cal 2003 similar to the contract extension referred to

13 in subsection (a)(2).

14 (c) USE OF FUNDS.—The foundation referred to in

15 subsection (a)(1) shall—

16 (1) utilize funds provided under this section as

17 a contribution to the endowment fund for the founda18 tion; and

19 (2) use the income generated from investments in

20 the endowment fund that are attributable to payments

21 made under this section to fund programs to support

22 the educational needs of children in public schools in

23 the vicinity of Los Alamos National Laboratory.
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1 (d) REPORT.—Not later than March 1, 2002, the Sec2 retary shall submit to the congressional defense committees

3 a report setting forth the following:

4 (1) An evaluation of the requirements for contin5 ued payments beyond fiscal year 2003 into the en6 dowment fund of the foundation referred to in sub7 section (a) to enable the foundation to meet the goals

8 of the Department to support the recruitment and re9 tention of staff at the Los Alamos National Labora10 tory.

11 (2) The Secretary’s recommendations for any

12 further support beyond fiscal year 2003 directly to the

13 Los Alamos Public Schools.

14 TITLE XXXII—DEFENSE NU15 CLEAR FACILITIES SAFETY

16 BOARD

17 SEC. 3201. AUTHORIZATION.

18 There are authorized to be appropriated for fiscal year

19 2002, $18,500,000 for the operation of the Defense Nuclear

20 Facilities Safety Board under chapter 21 of the Atomic En21 ergy Act of 1954 (42 U.S.C. 2286 et seq.).

22 TITLE XXXIII—NATIONAL

23 DEFENSE STOCKPILE

24 SEC. 3301. DEFINITIONS.

25 In this title:
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1 (1) The term ‘‘National Defense Stockpile’’

2 means the stockpile provided for in section 4 of the

3 Strategic and Critical Materials Stock Piling Act (50

4 U.S.C. 98c).

5 (2) The term ‘‘National Defense Stockpile Trans6 action Fund’’ means the fund established under sec7 tion 9(a) of the Strategic and Critical Materials

8 Stock Piling Act (50 U.S.C. 98h(a)).

9 (3) The term ‘‘Market Impact Committee’’ means

10 the Market Impact Committee appointed under sec11 tion 10(c) of the Strategic and Critical Materials

12 Stock Piling Act (50 U.S.C. 98h–1(c)).

13 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

14 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis15 cal year 2002, the National Defense Stockpile Manager may

16 obligate up to $65,200,000 of the funds in the National De17 fense Stockpile Transaction Fund for the authorized uses

18 of such funds under section 9(b)(2) of the Strategic and

19 Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)),

20 including the disposal of hazardous materials that are envi21 ronmentally sensitive.

22 (b) ADDITIONAL OBLIGATIONS.—The National Defense

23 Stockpile Manager may obligate amounts in excess of the

24 amount specified in subsection (a) if the National Defense

25 Stockpile Manager notifies Congress that extraordinary or
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1 emergency conditions necessitate the additional obligations.

2 The National Defense Stockpile Manager may make the ad3 ditional obligations described in the notification after the

4 end of the 45-day period beginning on the date on which

5 Congress receives the notification.

6 (c) LIMITATIONS.—The authorities provided by this

7 section shall be subject to such limitations as may be pro8 vided in appropriations Acts.

9 SEC. 3303. DISPOSAL OF OBSOLETE AND EXCESS MATE10 RIALS CONTAINED IN NATIONAL DEFENSE

11 STOCKPILE.

12 (a) DISPOSAL AUTHORIZED.—Subject to subsection

13 (b), the President may dispose of certain materials con14 tained in the National Defense Stockpile that are obsolete

15 or excess to stockpile requirements, in the quantities speci16 fied in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Bauxite, Refractory ................................................................................. 40,000 short tons

Chromium Metal ...................................................................................... 3,512 short tons

Iridium ..................................................................................................... 25,140 troy ounces

Jewel Bearings ......................................................................................... 30,273,221 pieces

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

Palladium ................................................................................................. 11 troy ounces

Quartz Crystal ......................................................................................... 216,648 pounds

Tantalum Metal Ingot ............................................................................. 120,228 pounds of contained

Tantalum

Tantalum Metal Powder ......................................................................... 36,020 pounds of contained

Tantalum

Thorium Nitrate ...................................................................................... 600,000 pounds

17 (b) CONSULTATION WITH MARKET IMPACT COM18 MITTEE.—In disposing of materials under subsection (a),

19 the President shall consult with the Market Impact Com-
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1 mittee to ensure that the disposal of the materials does not

2 disrupt the usual markets of producers, processors, and con3 sumers of the materials.

4 (c) RELATIONSHIP TO OTHER DISPOSAL AUTHOR5 ITY.—The disposal authority provided in subsection (a) is

6 new disposal authority and is in addition to, and shall not

7 affect, any other disposal authority provided by law regard8 ing the materials specified in the table in such subsection.

9 SEC. 3304. EXPEDITED IMPLEMENTATION OF AUTHORITY

10 TO DISPOSE OF COBALT FROM NATIONAL DE11 FENSE STOCKPILE.

12 (a) DISPOSAL AUTHORIZED DURING FISCAL YEAR

13 2002.—Subsection (a)(1) of section 3305 of the National

14 Defense Authorization Act for Fiscal Year 1998 (Public

15 Law 105–85; 50 U.S.C. 98d note) is amended by striking

16 ‘‘fiscal year 2003’’ and inserting ‘‘the two-fiscal year period

17 ending September 30, 2003’’.

18 (b) LIMITATIONS ON DISPOSAL AUTHORITY.—Sub19 section (b)(1) of such section is amended by adding at the

20 end the following new sentence: ‘‘The total quantity of cobalt

21 disposed of under such subsection during fiscal year 2002

22 may not exceed 700,000 pounds.’’.
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1 TITLE XXXIV—NAVAL

2 PETROLEUM RESERVES

3 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

4 (a) AMOUNT.—There are hereby authorized to be ap5 propriated to the Secretary of Energy $17,371,000 for fiscal

6 year 2002 for the purpose of carrying out activities under

7 chapter 641 of title 10, United States Code, relating to the

8 naval petroleum reserves.

9 (b) PERIOD OF AVAILABILITY.—Funds appropriated

10 pursuant to the authorization of appropriations in sub11 section (a) shall remain available until expended.

12 TITLE XXXV—MARITIME

13 ADMINISTRATION

14 SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FIS15 CAL YEAR 2002.

16 Funds are hereby authorized to be appropriated for fis17 cal year 2002, to be available without fiscal year limitation

18 if so provided in appropriations Acts, for the use of the De19 partment of Transportation for the Maritime Administra20 tion as follows:

21 (1) For expenses necessary for operations and

22 training activities, $89,054,000.

23 (2) For expenses under the loan guarantee pro24 gram authorized by title XI of the Merchant Marine
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1 Act, 1936 (46 App. U.S.C. 1271 et seq.),

2 $103,978,000, of which—

3 (A) $100,000,000 is for the cost (as defined

4 in section 502(5) of the Federal Credit Reform

5 Act of 1990 (2 U.S.C. 661a(5))) of loan guaran6 tees under the program; and

7 (B) $3,978,000 is for administrative ex8 penses related to loan guarantee commitments

9 under the program.

10 (3) For expenses to dispose of obsolete vessels in

11 the National Defense Reserve Fleet, $10,000,000.

12 SEC. 3502. DEFINE ‘‘WAR RISKS’’ TO VESSELS TO INCLUDE

13 CONFISCATION, EXPROPRIATION, NATIONAL14 IZATION, AND DEPRIVATION OF THE VES15 SELS.

16 Section 1201(c) of the Merchant Marine Act, 1936 (46

17 App. U.S.C. 1281(c)) is amended to read as follows:

18 ‘‘(c) The term ‘war risks’ includes to such extent as

19 the Secretary may determine—

20 ‘‘(1) all or any part of any loss that is excluded

21 from marine insurance coverage under a ‘free of cap22 ture or seizure’ clause, or under analogous clauses;

23 and
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1 ‘‘(2) other losses from hostile acts, including con2 fiscation, expropriation, nationalization, or depriva3 tion.’’.

4 SEC. 3503. HOLDING OBLIGOR’S CASH AS COLLATERAL

5 UNDER TITLE XI OF MERCHANT MARINE ACT,

6 1936.

7 Title XI of the Merchant Marine Act, 1936 (46 App.

8 U.S.C. 1271 et seq.) is amended by inserting after section

9 1108 the following:

10 ‘‘SEC. 1109. DEPOSIT FUND.

11 ‘‘(a) ESTABLISHMENT OF DEPOSIT FUND.—There is

12 established in the Treasury a deposit fund for purposes of

13 this section. The Secretary may, in accordance with an

14 agreement under subsection (b), deposit into and hold in

15 the deposit fund cash belonging to an obligor to serve as

16 collateral for a guarantee under this title made with respect

17 to the obligor.

18 ‘‘(b) AGREEMENT.—

19 ‘‘(1) IN GENERAL.—The Secretary and an obli20 gor shall enter into a reserve fund or other collateral

21 account agreement to govern the deposit, withdrawal,

22 retention, use, and reinvestment of cash of the obligor

23 held in the deposit fund established by subsection (a).

24 ‘‘(2) TERMS.—The agreement shall contain such

25 terms and conditions as are required under this sec-
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1 tion and such additional terms as are considered by

2 the Secretary to be necessary to protect fully the inter3 ests of the United States.

4 ‘‘(3) SECURITY INTEREST OF UNITED STATES.—

5 The agreement shall include terms that grant to the

6 United States a security interest in all amounts de7 posited into the deposit fund.

8 ‘‘(c) INVESTMENT.—The Secretary may invest and re9 invest any part of the amounts in the deposit fund estab10 lished by subsection (a) in obligations of the United States

11 with such maturities as ensure that amounts in the deposit

12 fund will be available as required for purposes of agree13 ments under subsection (b). Cash balances of the deposit

14 fund in excess of current requirements shall be maintained

15 in a form of uninvested funds and the Secretary of the

16 Treasury shall pay interest on these funds.

17 ‘‘(d) WITHDRAWALS.—

18 ‘‘(1) IN GENERAL.—The cash deposited into the

19 deposit fund established by subsection (a) may not be

20 withdrawn without the consent of the Secretary.

21 ‘‘(2) USE OF INCOME.—Subject to paragraph (3),

22 the Secretary may pay any income earned on cash of

23 an obligor deposited into the deposit fund in accord24 ance with the terms of the agreement with the obligor

25 under subsection (b).
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1 ‘‘(3) RETENTION AGAINST DEFAULT.—The Sec2 retary may retain and offset any or all of the cash

3 of an obligor in the deposit fund, and any income re4 alized thereon, as part of the Secretary’s recovery

5 against the obligor in case of a default by the obligor

6 on an obligation.’’.

Attest:

Clerk.
107TH CONGRESS

1ST SESSION S. 1438

AMENDMENT