PUBLIC LAW 107–107—DEC. 28, 2001
 

NATIONAL DEFENSE AUTHORIZATION ACT
 

FOR FISCAL YEAR 2002
 

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

Dec. 28, 2001 

[S. 1438] 

National Defense 

Authorization 

Act for Fiscal 

Year 2002. 

Public Law 107–107 

107th Congress 

An Act 

To authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the 

Armed Forces, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

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

Act for Fiscal Year 2002’’. 

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

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

follows: 

(1) Division A—Department of Defense Authorizations. 

(2) Division B—Military Construction Authorizations. 

(3) Division C—Department of Energy National Security 

Authorizations and Other Authorizations. 

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

is as follows: 

Sec. 1. Short title.
 

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

Sec. 3. Congressional defense committees defined.
 

DIVISION A—DEPARTMENT OF DEFENSE
 

AUTHORIZATIONS
 

TITLE I—PROCUREMENT 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army.
 

Sec. 102. Navy and Marine Corps.
 

Sec. 103. Air Force.
 

Sec. 104. Defense-wide activities.
 

Sec. 105. Defense Inspector General.
 

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

Sec. 107. Defense Health Program.
 

Subtitle B—Army Programs 

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

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

of certain Army industrial facilities without regard to availability from 

domestic sources. 

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

interim brigade combat teams. 

Subtitle C—Navy Programs 

Sec. 121. Virginia class submarine program. 

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

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

Sec. 123. V–22 Osprey aircraft program.

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

Subtitle D—Air Force Programs 

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

TITLE II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations.

Sec. 202. Amount for basic and applied research.

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

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Naval surface fire support assessment.

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

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

Sec. 214. Joint biological defense program.

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

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

Subtitle C—Ballistic Missile Defense 

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

from Ballistic Missile Defense Organization to military departments.

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

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

Sec. 234. Missile defense testing initiative.

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

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

Sec. 251. Short title. 

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

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

Subtitle E—Other Matters 

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

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

and technology research to fleet.

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

officials to program managers. 

TITLE III—OPERATION AND MAINTENANCE 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding.

Sec. 302. Working capital funds.

Sec. 303. Armed Forces Retirement Home. 

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

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

to Naval Training Center, Great Lakes, Illinois.

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

language program. 

Subtitle B—Environmental Provisions 

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

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

ordnance, discarded military munitions, and munitions constituents.

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

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

with surety authority under CERCLA. 

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

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

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

Sec. 317. Department of Defense energy efficiency program.

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

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

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

Sec. 320. River mitigation studies. 

Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities 

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

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

for purposes other than commissary sales.

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

stores. 

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

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

shoplifting. 

Subtitle D—Workforce and Depot Issues 

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

maintenance. 

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

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

of Defense. 

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

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

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

Logistics Modernization Program. 

Subtitle E—Defense Dependents Education 

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

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

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

for dependents who are home school students.

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

teachers in the Department of Defense overseas dependents’ schools. 

Subtitle F—Other Matters 

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

Veterans Affairs initiative to assist homeless veterans. 

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

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

Training Technology Project.

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

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

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

Olympic Games. 

TITLE IV—MILITARY PERSONNEL AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces.

Sec. 402. Revision in permanent end strength minimum levels.

Sec. 403. Increase in senior enlisted active duty grade limit for Navy, Marine 

Corps, and Air Force. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve.

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

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

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

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

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

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

Subtitle C—Other Matters Relating to Personnel Strengths 

Sec. 421. Administration of end strengths. 

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

Subtitle D—Authorization of Appropriations 

Sec. 431. Authorization of appropriations for military personnel. 

TITLE V—MILITARY PERSONNEL POLICY 

Subtitle A—Officer Personnel Policy 

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

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

grades above major general and rear admiral. 

Sec. 503. Review of actions of selection boards. 

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

and lieutenant (junior grade). 

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

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

in the Navy. 

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

of unusual circumstances. 

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

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

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

Subtitle B—Reserve Component Personnel Policy 

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

a period of three years or less. 

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

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

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

nonservice-connected disability. 

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

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

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

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

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

Subtitle C—Joint Specialty Officers and Joint Professional Military
 

Education
 

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

Sec. 522. Joint duty credit. 

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

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

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

or flag officer grade. 

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

Sec. 527. Professional development education. 

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

civilians. 

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

Subtitle D—Military Education and Training 

Sec. 531. Defense Language Institute Foreign Language Center. 

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

strategic studies. 

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

Sec. 533. Foreign students attending the service academies. 

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

Senior Reserve Officers’ Training Corps scholarship programs. 

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

Reserve Officers’ Training Corps program. 

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

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

units. 

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

students attending educational institutions with senior reserve officers’ 

training programs. 

Sec. 539. Reserve health professionals stipend program expansion. 

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

States Military Academy. 

Subtitle E—Recruiting and Accession Programs 

Sec. 541. 18-month enlistment pilot program. 

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

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

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

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

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

education programs. 

Subtitle F—Decorations, Awards, and Posthumous Commissions 

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

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

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

and Hispanic American war veterans. 

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

Sec. 554. Retroactive Medal of Honor special pension. 

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

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

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

Department of Defense. 

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

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

Heavy Artillery Regiment during the Civil War. 

Subtitle G—Funeral Honors Duty 

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

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

treated as inactive-duty training for certain purposes. 

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

National Guardsmen. 

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

for civilians participating in funeral honor details. 

Subtitle H—Military Spouses and Family Members 

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

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

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

a missing status. 

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

for from conflicts after World War II. 

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

Subtitle I—Military Justice and Legal Assistance Matters 

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

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

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

capital cases. 

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

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

and former members of the uniformed services and their dependents. 

Subtitle J—Other Matters 

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

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

Sec. 593. Clarification of disability severance pay computation.

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

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

Army end strength allocations.

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

Challenge program and Department of Defense Starbase program. 

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

officers. 

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

for appointment as Commander, United States Transportation Command. 

TITLE VI—COMPENSATION AND OTHER PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

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

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

as an enlisted member or warrant officer. 

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

Sec. 604. Subsistence allowances. 

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

between permanent duty stations.

Sec. 606. Uniform allowance for officers. 

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

reason of health limitations of dependents. 

Subtitle B—Bonuses and Special and Incentive Pays 

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

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

officer candidates, registered nurses, and nurse anesthetists. 

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

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

seizure teams. 

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

to remain on active duty. 

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

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

for other special pay and bonuses. 

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

bonus for reenlistment, enlistment, or extension of enlistment. 

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

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

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

service in critical specialties. 

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

during stop loss periods. 

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

Subtitle C—Travel and Transportation Allowances 

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

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

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

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

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

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

effects for junior enlisted members. 

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

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

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

Government convenience. 

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

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

of a deceased member of the uniformed services. 

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

Subtitle D—Retirement and Survivor Benefit Matters 

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

veterans’ disability compensation and enhancement of special compensation authority. 

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

while on active duty and not eligible for retirement. 

Subtitle E—Other Matters 

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

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

Armed Forces. 

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

benefits for dependents of commissioned officers of the Public Health 

Service and the National Oceanic and Atmospheric Administration who 

are separated for dependent abuse. 

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

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

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program Improvements 

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

Sec. 702. Prosthetics and hearing aids. 

Sec. 703. Durable medical equipment. 

Sec. 704. Rehabilitative therapy. 

Sec. 705. Report on mental health benefits. 

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

accompanying patient in travel for specialty care. 

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

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

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

Subtitle B—Senior Health Care 

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

Medicare-Eligible Retiree Health Care Fund. 

Subtitle C—Studies and Reports 

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

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

Sec. 723. Repeal of obsolete report requirement. 

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

Subtitle D—Other Matters 

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

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

Sec. 733. Enhancement of medical product development. 

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

the performance of separation physical examinations. 

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

preauthorization. 

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

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

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

and training for physicians. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1019
 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND 

RELATED MATTERS 

Subtitle A—Procurement Management and Administration 

Sec. 801. Management of procurement of services.

Sec. 802. Savings goals for procurements of services.

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

award contracts. 

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

Subtitle B—Use of Preferred Sources 

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

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

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

Subtitle C—Amendments to General Contracting Authorities, Procedures, 

and Related Matters 

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

and milestone terminology and to make related adjustments in certain 

requirements applicable at milestone transition points.

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

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

commercial items. 

Sec. 824. Acquisition workforce qualifications.

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

task force. 

Subtitle D—Other Matters 

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

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

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

Sec. 834. Requirements regarding insensitive munitions.

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

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

against terrorism or biological or chemical attack. 

TITLE IX—DEPARTMENT OF DEFENSE ORGANIZATION AND
 

MANAGEMENT
 

Subtitle A—Duties and Functions of Department of Defense Officers
 

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

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

the Office of the Secretary of Defense.

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

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

Subtitle B—Space Activities 

Sec. 911. Joint management of space programs.

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

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

Sec. 914. Comptroller General assessment of implementation of recommendations 

of Space Commission.

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

serve as Commander of United States Space Command. 

Subtitle C—Reports 

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

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

Armed Forces. 

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

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

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

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

Subtitle D—Other Matters 

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

Command to Air Mobility Command. 

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

TITLE X—GENERAL PROVISIONS 

Subtitle A—Financial Matters 

Sec. 1001. Transfer authority. 

Sec. 1002. Incorporation of classified annex. 

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

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

year 2002. 

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

fiscal year 2002. 

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

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

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

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

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

Subtitle B—Naval Vessels and Shipyards 

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

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

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

system. 

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

admiralty claims. 

Subtitle C—Counter-Drug Activities 

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

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

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

for counter-drug purposes. 

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

Subtitle D—Strategic Forces 

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

delivery systems. 

Sec. 1032. Air Force bomber force structure. 

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

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

helicopter support. 

Subtitle E—Other Department of Defense Provisions 

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

impact on national defense. 

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

Sec. 1043. Department of Defense gift authorities. 

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

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

civilian employees of the Department of Defense. 

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

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

on naval vessels for public affairs purposes. 

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

Sec. 1048. Technical and clerical amendments. 

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

Subtitle F—Other Matters 

Sec. 1061. Assistance for firefighters.

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

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

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

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

Marnes-la-Coquette, France. 

TITLE XI—CIVILIAN PERSONNEL MATTERS 

Subtitle A—Department of Defense Civilian Personnel 

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

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

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

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

service. 

Subtitle B—Civilian Personnel Management Generally 

Sec. 1111. Authority to provide hostile fire pay.

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

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

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

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

Sec. 1116. Retention of travel promotional items.

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

the Federal Government. 

Subtitle C—Intelligence Civilian Personnel 

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

Subtitle D—Matters Relating to Retirement 

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

fund instrumentalities. 

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

pay authority and voluntary early retirement authority. 

TITLE XII—MATTERS RELATING TO OTHER NATIONS 

Subtitle A—Matters Related to Arms Control and Monitoring 

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

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

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

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

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

of the former Soviet Union. 

Subtitle B—Matters Relating to Allies and Friendly Foreign Nations 

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

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

Subtitle C—Reports 

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

and technology to the People’s Republic of China. 

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

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

to Haiti. 

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

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

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

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

Sec. 1302. Funding allocations. 

Sec. 1303. Limitation on use of funds until submission of reports. 

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

out under Cooperative Threat Reduction programs. 

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

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

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

programs. 

Sec. 1308. Chemical weapons destruction. 

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

Cooperative Threat Reduction programs. 

TITLE XIV—ARMED FORCES RETIREMENT HOME 

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

Sec. 1402. Definitions.
 

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

Sec. 1404. Chief Operating Officer.
 

Sec. 1405. Residents of Retirement Home.
 

Sec. 1406. Local Boards of Trustees.
 

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

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

Sec. 1409. Transitional provisions.
 

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

TITLE XV—ACTIVITIES RELATING TO COMBATING TERRORISM 

Subtitle A—Increased Funding for Combating Terrorism 

Sec. 1501. Definitions. 

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

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

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

2002. 

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

Sec. 1505. Treatment of transferred amounts. 

Sec. 1506. Quarterly reports. 

Subtitle B—Policy Matters Relating to Combating Terrorism 

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

to homeland security. 

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

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

local governments as assistance for emergency response to a use or 

threatened use of a weapon of mass destruction. 

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

TITLE XVI—UNIFORMED SERVICES VOTING 

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

Sec. 1602. Voting assistance programs. 

Sec. 1603. Guarantee of residency for military personnel. 

Sec. 1604. Electronic voting demonstration project. 

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

in State law made under Federal Voting Assistance Program. 

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

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

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

DIVISION B—MILITARY CONSTRUCTION
 

AUTHORIZATIONS
 

Sec. 2001. Short title; definition. 

TITLE XXI—ARMY 

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


Sec. 2102. Family housing.


Sec. 2103. Improvements to military family housing units.


Sec. 2104. Authorization of appropriations, Army.


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


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

TITLE XXII—NAVY 

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


Sec. 2202. Family housing.


Sec. 2203. Improvements to military family housing units.


Sec. 2204. Authorization of appropriations, Navy.
 

Sec. 2205. Modification of authority to carry out certain fiscal year 2001 projects.
 

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

TITLE XXIII—AIR FORCE 

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


Sec. 2302. Family housing.
 

Sec. 2303. Improvements to military family housing units.
 

Sec. 2304. Authorization of appropriations, Air Force.
 

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

TITLE XXIV—DEFENSE AGENCIES 

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

Sec. 2402. Energy conservation projects. 

Sec. 2403. Authorization of appropriations, Defense Agencies.

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

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

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

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

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

Aruba. 

TITLE XXV—NORTH ATLANTIC TREATY ORGANIZATION SECURITY
 

INVESTMENT PROGRAM
 

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

Sec. 2502. Authorization of appropriations, NATO. 

TITLE XXVI—GUARD AND RESERVE FACILITIES 

Sec. 2601. Authorized guard and reserve construction and land acquisition projects. 

TITLE XXVII—EXPIRATION AND EXTENSION OF AUTHORIZATIONS 

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

law. 

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

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

Sec. 2704. Effective date. 

TITLE XXVIII—GENERAL PROVISIONS
 

Subtitle A—Military Construction Program and Military Family Housing
 

Changes
 

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

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

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

military family housing activities.

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

housing under alternative authority for acquisition and improvement 

of military housing. 

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

military housing. 

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

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

utility services from utility systems conveyed under privatization initiative. 

Subtitle B—Real Property and Facilities Administration 

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

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

certain closed military installations. 

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

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

costs. 

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

Subtitle C—Implementation of Prior Base Closure and Realignment
 

Rounds
 

Sec. 2821. Lease back of base closure property. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES 

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

Alaska. 

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

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

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

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

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

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

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

PART II—NAVY CONVEYANCES 

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

County, California. 

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

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

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

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

Harbor, Maine. 

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

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

Ohio. 

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

Station, Eagle Mountain Lake, Texas. 

PART III—AIR FORCE CONVEYANCES 

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

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

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

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

easements. 

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

Base and Bangor Air National Guard Base, Maine. 

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

North Dakota. 

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

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

Subtitle E—Other Matters 

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

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

and recreation facility, Park City, Utah. 

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

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

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

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

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

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

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

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

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

Guam. 

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

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

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

Oxford, Mississippi. 

TITLE XXIX—FORT IRWIN MILITARY LAND WITHDRAWAL 

Sec. 2901. Short title.
 

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


Sec. 2903. Map and legal description.


Sec. 2904. Management of withdrawn and reserved lands.


Sec. 2905. Water rights.


Sec. 2906. Environmental compliance and environmental response requirements.


Sec. 2907. West Mojave Coordinated Management Plan.


Sec. 2908. Release of wilderness study areas.


Sec. 2909. Training activity separation from utility corridors.


Sec. 2910. Duration of withdrawal and reservation.
 

Sec. 2911. Extension of initial withdrawal and reservation.
 

Sec. 2912. Termination and relinquishment.


Sec. 2913. Delegation of authority.
 

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

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

Sec. 3002. Selection criteria. 

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

closures and commission consideration of recommendations. 

Sec. 3004. Limitations on privatization in place.

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

Sec. 3006. Implementation of closure and realignment decisions.

Sec. 3007. Technical and clarifying amendments.

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

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

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY
 

PROGRAMS
 

Subtitle A—National Security Programs Authorizations
 

Sec. 3101. National Nuclear Security Administration.


Sec. 3102. Defense environmental restoration and waste management.


Sec. 3103. Other defense activities.
 

Sec. 3104. Defense environmental management privatization.


Sec. 3105. Defense nuclear waste disposal.
 

Subtitle B—Recurring General Provisions 

Sec. 3121. Reprogramming.

Sec. 3122. Limits on minor construction projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

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

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

Energy. Sec. 3128. Availability of funds.

Sec. 3129. Transfer of defense environmental management funds.

Sec. 3130. Transfer of weapons activities funds. 

Subtitle C—Program Authorizations, Restrictions, and Limitations 

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

Proliferation Prevention program. 

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

Sec. 3132. Nuclear Cities Initiative. 

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

and infrastructure. 

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

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

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

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

Subtitle D—Matters Relating to Management of the National Nuclear
 

Security Administration
 

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

Security Administration.

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

Defense Programs.

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

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

Subtitle E—Other Matters 

Sec. 3151. Improvements to Energy Employees Occupational Illness Compensation 

Program.

Sec. 3152. Department of Energy counterintelligence polygraph program.

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

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

facilities to terrorist attack. 

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

South Carolina. 

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

and security of the United States nuclear stockpile. 

Subtitle F—Rocky Flats National Wildlife Refuge 

Sec. 3171. Short title. 

Sec. 3172. Findings and purposes.

Sec. 3173. Definitions. 

Sec. 3174. Future ownership and management.

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

Flats. 

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

Sec. 3177. Rocky Flats National Wildlife Refuge.

Sec. 3178. Comprehensive planning process.

Sec. 3179. Property rights.

Sec. 3180. Liabilities and other obligations.

Sec. 3181. Rocky Flats Museum.

Sec. 3182. Annual report on funding. 

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

TITLE XXXIII—NATIONAL DEFENSE STOCKPILE 

Sec. 3301. Definitions. 

Sec. 3302. Authorized uses of stockpile funds.

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

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

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

Sec. 3306. Restriction on disposal of manganese ferro. 

TITLE XXXIV—NAVAL PETROLEUM RESERVES 

Sec. 3401. Authorization of appropriations. 

TITLE XXXV—MARITIME ADMINISTRATION 

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

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

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

Act, 1936. 

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

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

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

committees’’ means— 

(1) the Committee on Armed Services and the Committee 

on Appropriations of the Senate; and 

(2) the Committee on Armed Services and the Committee 

on Appropriations of the House of Representatives. 

DIVISION A—DEPARTMENT OF
 

DEFENSE AUTHORIZATIONS
 

TITLE I—PROCUREMENT
 

Subtitle A—Authorization of Appropriations 

Sec. 101. Army.


Sec. 102. Navy and Marine Corps.


Sec. 103. Air Force.
 

Sec. 104. Defense-wide activities.
 

Sec. 105. Defense Inspector General.


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


Sec. 107. Defense Health Program.
 

Subtitle B—Army Programs 

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

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

of certain Army industrial facilities without regard to availability from 

domestic sources. 

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

interim brigade combat teams. 

Subtitle C—Navy Programs 

Sec. 121. Virginia class submarine program.

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

Subtitle D—Air Force Programs 

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

Subtitle A—Authorization of
 

Appropriations
 

SEC. 101. ARMY. 

Funds are hereby authorized to be appropriated for fiscal year 

2002 for procurement for the Army as follows: 

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

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

(3) For weapons and tracked combat vehicles, 

$2,348,145,000. 

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

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

SEC. 102. NAVY AND MARINE CORPS. 

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

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

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

(2) For weapons, including missiles and torpedoes, 

$1,484,321,000. 

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

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

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

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

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

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

authorized to be appropriated for fiscal year 2002 for procurement 

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

of $466,907,000. 

SEC. 103. AIR FORCE. 

Funds are hereby authorized to be appropriated for fiscal year 

2002 for procurement for the Air Force as follows: 

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

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

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

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

SEC. 104. DEFENSE-WIDE ACTIVITIES. 

Funds are hereby authorized to be appropriated for fiscal year 

2002 for Defense-wide procurement in the amount of 

$2,279,482,000. 

SEC. 105. DEFENSE INSPECTOR GENERAL. 

Funds are hereby authorized to be appropriated for fiscal year 

2002 for procurement for the Inspector General of the Department 

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

SEC. 106. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, 

DEFENSE. 

There is hereby authorized to be appropriated for fiscal year 

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

(1) the destruction of lethal chemical agents and munitions 

in accordance with section 1412 of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521); and 

(2) the destruction of chemical warfare materiel of the 

United States that is not covered by section 1412 of such 

Act. 

SEC. 107. DEFENSE HEALTH PROGRAM. 

Funds are hereby authorized to be appropriated for fiscal year 

2002 for the Department of Defense for procurement for carrying 

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

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

Subtitle B—Army Programs 

SEC. 111. REPEAL OF LIMITATIONS ON BUNKER DEFEAT MUNITIONS 

PROGRAM. 

Section 116 of the National Defense Authorization Act for Fiscal 

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

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

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

INDUSTRIAL FACILITIES WITHOUT REGARD TO AVAILABILITY FROM DOMESTIC SOURCES. 

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

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

amended— 

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

2002’’; and 

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

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

use articles manufactured at, and services provided by, not 

more than one Army industrial facility’’. 

SEC. 113. LIMITATIONS ON ACQUISITION OF INTERIM ARMORED 

VEHICLES AND DEPLOYMENT OF INTERIM BRIGADE COMBAT TEAMS. 

Section 113 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A–23) is amended— 

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

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

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

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

congressional defense committees a certification under subsection 

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

the completion of a comparison of costs and operational effectiveness 

if the Secretary includes in the submittal a certification of each 

of the following: 

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

are sufficient for making a meaningful comparison of the costs 

and operational effectiveness of the interim armored vehicles 

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

medium armored vehicles referred to in subparagraph (B) of 

such subsection. 

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

vehicles in a realistic field environment would provide no 

significant additional data relevant to that comparison. 

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

on cost and operational effectiveness of those vehicles and, 

taking that data into consideration, approves the obligation 

of funds for the acquisition of additional interim armored 

vehicles. 

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

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

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

achievement of operational capability by those teams will not 

diminish the combat power of the Army. 

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

shall develop and provide resources for an experimentation program 

that will— 

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

force; and 

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

Reports. 

Certification. 

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

teams to that experimentation. 

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

shall conduct an operational evaluation of the initial interim brigade 

combat team. The evaluation shall include deployment of the team 

to the evaluation site and team execution of combat missions across 

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

be conducted until the plan for such evaluation is approved by 

the Director of Operational Test and Evaluation of the Department 

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

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

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

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

evaluation indicate that the design for the interim brigade 

combat team is operationally effective and operationally suitable. 

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

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

to those necessary for equipping the first three interim brigade 

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

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

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

the Secretary— 

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

security interests of the United States; and 

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

waiver together with a discussion of the reasons for the 

waiver.’’. 

Subtitle C—Navy Programs 

SEC. 121. VIRGINIA CLASS SUBMARINE PROGRAM. 

Section 123(b)(1) of the Floyd D. Spence National Defense 

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

Public Law 106–398; 114 Stat. 1654A–25) is amended— (1) by striking ‘‘five Virginia class submarines’’ and 

inserting ‘‘seven Virginia class submarines’’; and 

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

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

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

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

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

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

(b) REQUIRED CERTIFICATIONS.—In the case of a contract 

authorized by subsection (a) of this section, a certification under 

subsection (i)(1)(A) of section 2306b of title 10, United States Code, 

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

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

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

respect to that contract. 

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

(b) with respect to a contract authorized by subsection (a), the 

contract may then be entered into only after a period of 30 days 

has elapsed after the date of the transmission of such certification. 

SEC. 123. V–22 OSPREY AIRCRAFT PROGRAM. 

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

increased above the minimum sustaining production rate for which 

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

testing of the aircraft demonstrates that— 

(1) the solutions to the problems regarding the reliability 

of hydraulic system components and flight control software 

that were identified by the panel appointed by the Secretary 

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

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

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

operational availability at the level required for fleet aircraft; 

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

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

(B) when employed in operations with other types of 

aircraft; and 

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

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

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

(B) is deploying and recovering personnel— 

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

and 

(ii) while hovering outside the zone of ground 

effect; and 

(C) is operated with external loads. 

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

RESUMPTION OF FLIGHT TESTING. 

Not later than 30 days before the resumption of flight testing Deadline. 

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

to Congress a report containing the following: 

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

aircraft, including—
 

(A) a description and analysis of any deficiencies in 

the hydraulics system and flight control software of the 

V–22 Osprey aircraft; and 

(B) a description and assessment of the actions taken 

to redress each such deficiency. 

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

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

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

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

(3) An assessment of the recommendations of the National 

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

Defense for Acquisition, Logistics, and Technology on August 

14, 2001. 

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

or any other requirement specified in the Joint Operational 

Requirements Document for the V–22 Osprey aircraft, including 

a justification of each such waiver. 

Subtitle D—Air Force Programs 

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

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

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

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

contract shall be entered into in accordance with section 2306b 

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

of six program years. 

(b) REQUIRED CERTIFICATIONS.—In the case of a contract 

authorized by subsection (a) of this section, a certification under 

subsection (i)(1)(A) of section 2306b of title 10, United States Code, 

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

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

respect to that contract. 

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

(b) with respect to a contract authorized by subsection (a), the 

contract may then be entered into only after a period of 30 days 

has elapsed after the date of the transmission of such certification. 

TITLE II—RESEARCH, DEVELOPMENT,
 

TEST, AND EVALUATION
 

Subtitle A—Authorization of Appropriations 

Sec. 201. Authorization of appropriations. 

Sec. 202. Amount for basic and applied research. 

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

Subtitle B—Program Requirements, Restrictions, and Limitations 

Sec. 211. Naval surface fire support assessment. 

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

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

Sec. 214. Joint biological defense program. 

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

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

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

Subtitle C—Ballistic Missile Defense 

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

from Ballistic Missile Defense Organization to military departments. 

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

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

Sec. 234. Missile defense testing initiative. 

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

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

Sec. 251. Short title.
 

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

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

Subtitle E—Other Matters 

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

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

and technology research to fleet. 

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

officials to program managers. 

Subtitle A—Authorization of
 

Appropriations
 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 

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

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

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

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

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

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

and Evaluation. 

SEC. 202. AMOUNT FOR BASIC AND APPLIED RESEARCH. 

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

research and applied research projects. 

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

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

research’’ means work funded in program elements for defense 

research and development under Department of Defense category 

6.1 or 6.2. 

SEC. 203. SUPPLEMENTAL AUTHORIZATION OF APPROPRIATIONS FOR 

FISCAL YEAR 2001 FOR RESEARCH, DEVELOPMENT, TEST, 

AND EVALUATION, DEFENSE-WIDE. 

In addition to the funds authorized to be appropriated under 

section 201(4) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A–32), there is hereby authorized to be 

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

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

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

Deadline. 

Deadline. 

Subtitle B—Program Requirements,
 

Restrictions, and Limitations
 

SEC. 211. NAVAL SURFACE FIRE SUPPORT ASSESSMENT. 

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

carry out an assessment of the requirements for naval surface 

fire support of ground forces operating in the littoral environment, 

including the role of an advanced fire support missile system for 

Navy combatant vessels. The matters assessed shall include the 

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

meeting such requirements. 

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

of Defense shall submit to the congressional defense committees 

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

SEC. 212. COLLABORATIVE PROGRAM FOR DEVELOPMENT OF 

ADVANCED RADAR SYSTEMS. 

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

out a program to develop and demonstrate advanced technologies 

and concepts leading to advanced radar systems for naval and 

other applications. 

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

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

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

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

include the following activities: 

(1) Activities needed for development and maturation of 

the technologies for advanced electronics materials to extend 

the range and sensitivity of radars. 

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

technology. 

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

Defense Research and Engineering shall submit to the congressional 

defense committees a report on the implementation of the program 

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

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

and any agreements relating to that plan. 

(2) A schedule for the program. 

(3) Identification of the funding required for fiscal year 

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

the program. 

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

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

AND MANUFACTURING DEVELOPMENT FOR F–22 AIRCRAFT 

PROGRAM. 

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

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

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

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

(3) Section 219(b) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law 

by Public Law 106–398; 114 Stat. 1654A–38). 

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

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

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

amended— 

(A) in subsection (c)— 

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

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

(b)’’; and 

(ii) by striking paragraph (3); and 

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

(E). 

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

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

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

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

production phase for that program can be executed within 

the limitation on total cost applicable to that program under 

subsection (b)’’; and 

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

of the engineering and manufacturing development phase and’’. 

SEC. 214. JOINT BIOLOGICAL DEFENSE PROGRAM. 

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

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

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

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

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

of Defense for fiscal year 2002 may’’. 

SEC. 215. COOPERATIVE DEPARTMENT OF DEFENSE-DEPARTMENT OF 

VETERANS AFFAIRS MEDICAL RESEARCH PROGRAM. 

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

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

Defense/Department of Veterans Affairs medical research program. 

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

after the date of the enactment of this Act. 

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

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

ensure that engineering manufacturing and development under the 

C–5 aircraft reliability enhancement and reengining program 

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

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

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

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

of the Air Force. 

Subtitle C—Ballistic Missile Defense 

SEC. 231. TRANSFER OF RESPONSIBILITY FOR PROCUREMENT FOR 

MISSILE DEFENSE PROGRAMS FROM BALLISTIC MISSILE 

DEFENSE ORGANIZATION TO MILITARY DEPARTMENTS. 

(a) BUDGETING OF MISSILE DEFENSE PROCUREMENT 

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

amended— 

Deadline. 

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

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

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

evaluation’’; and 

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

following: 

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

establish criteria for the transfer of responsibility for a ballistic 

missile defense program from the Director of the Ballistic Missile 

Defense Organization to the Secretary of a military department. 

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

address the following: 

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

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

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

department concerned to procurement funding for that program, 

as shown by funding through the future-years defense program 

and other defense planning documents. 

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

any modifications to those criteria, to the congressional defense 

committees. 

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

ballistic missile defense program is transferred from the Director 

of the Ballistic Missile Defense Organization to the Secretary of 

a military department, the Secretary of Defense shall submit to 

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

with such notice a certification that the program has met the 

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

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

beginning on the date of such notice. 

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

a ballistic missile defense program is transferred from the Ballistic 

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

shall ensure that all appropriate conforming changes are made 

to proposed or projected funding allocations in the future-years 

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

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

missile defense program is transferred from the Director of the 

Ballistic Missile Defense Organization to the Secretary of a military 

department, roles and responsibilities for research, development, 

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

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

the term ‘congressional defense committees’ means the following: 

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

on Appropriations of the Senate. 

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

on Appropriations of the House of Representatives.’’. 

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

is amended to read as follows: 

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

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

amounts for research, development, test, and 

evaluation’’. 

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

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

as follows: 

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

SEC. 232. PROGRAM ELEMENTS FOR BALLISTIC MISSILE DEFENSE 

ORGANIZATION. 

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

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

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

governing functional areas as follows:’’; and
 

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

the following:
 ‘‘(1) Technology.
 

‘‘(2) Ballistic Missile Defense System.
 

‘‘(3) Terminal Defense Segment.
 

‘‘(4) Midcourse Defense Segment.
 

‘‘(5) Boost Defense Segment.
 

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

is amended to read as follows: 

‘‘(b) SEPARATE PROGRAM ELEMENTS FOR PROGRAMS ENTERING 

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

program that enters engineering and manufacturing development 

is assigned a separate, dedicated program element. 

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

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

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

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

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

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

(c) REQUIREMENT FOR ANNUAL PROGRAM GOALS.—(1) The Sec- 10 USC 2431 

retary of Defense shall each year establish cost, schedule, testing, note. 

and performance goals for the ballistic missile defense programs 

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

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

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

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

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

under that paragraph for the preceding year. 

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

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

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

of section 223 of title 10, United States Code. 

(d) ANNUAL PROGRAM PLAN.—(1) With the submission of the 10 USC 2431 

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

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

of Defense shall submit to the congressional defense committees 

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

defense program that enters engineering and manufacturing 

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

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

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

following: 

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

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

year in which the plan is submitted and the following 

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

of the program; and 

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

and the following fiscal year. 

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

plan is submitted and the following fiscal year for each of 

the following: 

(i) Significant procurement. 

(ii) Construction. 

(iii) Research and development. 

(iv) Flight tests. 

(v) Other significant testing activities. 

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

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

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

current fiscal year, in annual budget justification documents of 

the Department of Defense submitted to Congress or in other 

required reports to Congress. 

10 USC 2431 (e) INTERNAL DOD REVIEWS.—(1) The officials and elements 

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

an ongoing basis— 

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

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

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

of the Ballistic Missile Defense Organization any comments 

on such matters as considered appropriate. 

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

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

(B) The Director of Operational Test and Evaluation. 

(C) The Director of Program Analysis and Evaluation. 

(D) The Joint Requirements Oversight Council. 

(E) The Cost Analysis and Improvement Group. 

10 USC 2431 (f) DEMONSTRATION OF CRITICAL TECHNOLOGIES.—(1) The 

note. Director of the Ballistic Missile Defense Organization shall develop 

a plan for ensuring that each critical technology for a missile 

defense program is successfully demonstrated in an appropriate 

environment before that technology enters into operational service 

as part of a missile defense program. 

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

Department of Defense shall monitor the development of the plan 

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

Missile Defense Organization any comments regarding that plan 

that the Director of Operational Test and Evaluation considers 

appropriate. 

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

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

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

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

Missile Defense Organization achieved the goals established under 

subsection (c) for such fiscal year. 

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

the Comptroller General shall submit to the congressional defense 

committees a report on the Comptroller General’s assessment under 

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

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

Director of Operational Test and Evaluation shall each year assess 

the adequacy and sufficiency of the Ballistic Missile Defense 

Organization test program during the preceding fiscal year. 

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

submit to the congressional defense committees a report on the 

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

year. 

SEC. 233. SUPPORT OF BALLISTIC MISSILE DEFENSE ACTIVITIES OF 

THE DEPARTMENT OF DEFENSE BY THE NATIONAL 

DEFENSE LABORATORIES OF THE DEPARTMENT OF 

ENERGY. 

(a) FUNDS TO CARRY OUT CERTAIN BALLISTIC MISSILE DEFENSE 

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

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

of the Director of the Ballistic Missile Defense Organization, for 

research, development, and demonstration activities at the national 

laboratories of the Department of Energy in support of the missions 

of the Ballistic Missile Defense Organization, including the following 

activities: 

(1) Technology development, concept demonstration, and 

integrated testing to enhance performance, reduce risk, and 

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

defense. 

(2) Support for science and engineering teams to assess 

critical technical problems and prudent alternative approaches 

as agreed upon by the Director of the Ballistic Missile Defense 

Organization and the Administrator for Nuclear Security. 

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

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

the activities referred to in subsection (a). 

(c) MEMORANDUM OF UNDERSTANDING.—The activities referred 

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

of understanding entered into by the Secretary of Energy and 

the Secretary of Defense for the use of national laboratories for 

ballistic missile defense programs, as required by section 3131 

of the National Defense Authorization Act for Fiscal Year 1998 

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

section 3132 of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 

398; 114 Stat. 1654A–455) to provide for jointly funded projects. 

SEC. 234. MISSILE DEFENSE TESTING INITIATIVE. 

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

shall ensure that each annual budget request of the Department 

of Defense— 

10 USC 2431 

note. 

Deadlines. 

Reports. 

10 USC 2431 

note. 

Deadline. 

Reports. 

10 USC 2431 

note. 

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

(A) is designed to provide for comprehensive testing of 

ballistic missile defense programs during early stages of 

development; and 

(B) includes necessary funding to support and improve 

test infrastructure and provide adequate test assets for the 

testing of such programs. 

(2) The Secretary shall ensure that ballistic missile defense 

programs incorporate, to the greatest possible extent, operationally 

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

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

reliable performance. 

(3) The Secretary shall ensure that the test infrastructure 

for ballistic missile defense programs is capable of supporting 

continued testing of ballistic missile defense systems after deployment. 

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

stability, the Secretary of Defense shall ensure that any ballistic 

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

development: 

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

(2) Comprehensive ground testing in conjunction with 

flight-testing for key elements of the proposed system that 

are considered to present high risk, with such ground testing 

to make use of existing facilities and combinations of facilities 

that support testing at the highest possible levels of integration. 

(3) Where appropriate, expenditures to enhance the 

capabilities of existing test facilities, or to construct new test 

facilities, to support alternative complementary test methodologies. 

(4) Sufficient funding of test instrumentation to ensure 

accurate measurement of all critical test events. 

(5) Incorporation into the program of sufficient schedule 

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

be repeated in a prudent, but expeditious manner. 

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

where possible, of— 

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

test opportunities; 

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

(C) exploitation of opportunities to facilitate early 

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

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

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

systems, the Secretary of Defense shall initiate steps during fiscal 

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

less than three missile defense interceptors and not less than two 

ballistic missile targets to provide a realistic test infrastructure. 

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

SEC. 235. CONSTRUCTION OF TEST BED FACILITIES FOR MISSILE 

DEFENSE SYSTEM. 

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

Secretary of Defense, using funds appropriated to the Department 

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

years after fiscal year 2001 that are available for programs of 

the Ballistic Missile Defense Organization, may carry out all 

construction projects, or portions of construction projects, including 

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

Test Bed. 

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

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

$500,000,000. 

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

using funds appropriated to the Department of Defense for research, 

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

available for programs of the Ballistic Missile Defense Organization, 

may provide assistance to local communities to meet the need 

for increased municipal or community services or facilities resulting 

from the construction, installation, or operation of the Missile 

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

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

is an immediate and substantial increase in the need for municipal 

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

Bed Facilities. 

Subtitle D—Air Force Science and
 

Technology for the 21st Century
 

SEC. 251. SHORT TITLE. 

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

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

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

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

(1) Continue and improve efforts to ensure that— 

(A) the Air Force science and technology community 

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

budgetary decisionmaking within the Air Force; 

(B) advocacy for science and technology development 

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

and 

(C) the value of Air Force science and technology 

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

decisions on science and technology development. 

Air Force Science 

and Technology 

for the 21st 

Century Act. 

10 USC 2501 

note. 

10 USC 2501 

note. 

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

Deadline. 

Reports. 

10 USC 2501 

note. 

(2) Complete and adopt a policy directive that provides 

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

development programs and how it carries out those programs. 

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

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

Force science and technology programs that is consistent with 

the review specified in section 252 of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as 

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

46). 

(4) Ensure that development and science and technology 

planning and investment activities are carried out for future 

space warfighting systems and for future nonspace warfighting 

systems in an integrated manner. 

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

of the Air Force that has primary responsibility for budget 

and policy decisions for science and technology programs. 

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

development planning process that provides for each of the following: 

(A) Coordinating the needs of Air Force warfighters with 

decisions on science and technology development. 

(B) Giving input into the establishment of priorities among 

science and technology programs. 

(C) Analyzing Air Force capability options for the allocation 

of Air Force resources. 

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

its critical future goals. 

(E) Evaluating concepts for systems and operations that 

leverage technology across Air Force organizational boundaries. 

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

in carrying out the various Air Force capability planning exercises. 

(G) Utilizing existing analysis capabilities within the Air 

Force product centers in a collaborative and integrated manner. 

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

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

a report on the implementation of the planning process required 

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

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

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

SCIENCE AND TECHNOLOGY PROGRAM CHANGES. 

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

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

to the Air Force science and technology program implemented 

during the past two years affect the future capabilities of the 

Air Force. 

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

whether such changes as a whole are sufficient to ensure the 

following: 

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

and technology program that have been raised by Congress, 

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

the Defense Science Board, the Air Force Science Advisory 

Board, and the Air Force Association have been adequately 

addressed. 

(B) That appropriate and sufficient technology is available 

to ensure the military superiority of the United States and 

counter future high-risk threats. 

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

Air Force. 

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

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

(E) That the Air Force organizational structure provides 

for a sufficiently senior level advocate of science and technology 

to ensure an ongoing, effective presence of the science and 

technology community during the budget and planning process. 

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

to the Air Force science and technology program as follows: 

(A) Whether the biannual science and technology summits 

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

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

(B) Whether the applied technology councils are effective 

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

and technology program. 

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

Force Materiel Command as the science and technology budget 

advocate is effective to ensure that an adequate Air Force 

science and technology budget is requested. 

(D) Whether the revised development planning process is 

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

Force warfighters with decisions on science and technology 

investments and the establishment of priorities among different 

science and technology programs. 

(E) Whether the implementation of section 252 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 

2001 (as enacted into law by Public Law 106–398; 114 Stat. 

1654A–46) is effective to identify the basis for the appropriate 

science and technology program funding level and investment 

portfolio. 

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

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

Subtitle E—Other Matters 

SEC. 261. ESTABLISHMENT OF UNMANNED AERIAL VEHICLE JOINT 

OPERATIONAL TEST BED SYSTEM. 

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

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

the facilities and resources of that command to evaluate and ensure 

joint interoperability of unmanned aerial vehicle systems. That 

capability shall be independent of the military departments and 

shall be managed directly by the Joint Forces Command. 

Deadline. 

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

10 USC 5022 

note. 

Deadline. 

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

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

Joint Forces Command controls the priority for use of the two 

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

and antennas and the associated tactical control system (TCS) 

ground station. 

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

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

States Joint Forces Command only through the independent joint 

operational test bed system established pursuant to subsection (a) 

for testing of those items, including further development of the 

associated tactical control system (TCS) ground station, other 

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

appropriate to the mission of that command. 

SEC. 262. DEMONSTRATION PROJECT TO INCREASE SMALL BUSINESS 

AND UNIVERSITY PARTICIPATION IN OFFICE OF NAVAL 

RESEARCH EFFORTS TO EXTEND BENEFITS OF SCIENCE 

AND TECHNOLOGY RESEARCH TO FLEET. 

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

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

and universities that are engaged in science and technology research 

beneficial to the fleet. 

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

project, the Secretary shall— 

(1) establish and operate a Navy Technology Extension 

Center at a location to be selected by the Secretary; 

(2) permit participants in the Small Business Innovation 

Research Program (SBIR) and Small Business Technology 

Transfer Program (STTR) that are awarded contracts by the 

Office of Naval Research to access and use Navy Major Range 

Test Facilities Base (MRTFB) facilities selected by the Secretary 

for purposes of carrying out such contracts, and charge such 

participants for such access and use at the same established 

rates that Department of Defense customers are charged; and 

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

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

and use such facilities for such purposes, and charge such 

entities for such access and use at such rates. 

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

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

of the enactment of this Act. 

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

shall submit to Congress a report on the demonstration project. 

The report shall include a description of the activities carried out 

under the demonstration project and any recommendations for the 

improvement or expansion of the demonstration project that the 

Secretary considers appropriate. 

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

MANAGERS. 

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

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

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

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

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

during the operational test and evaluation of a weapon system 

under a major defense acquisition program are communicated in 

a timely manner to the program manager for that program for 

consideration in the acquisition decisionmaking process.’’. 

TITLE III—OPERATION AND
 

MAINTENANCE
 

Subtitle A—Authorization of Appropriations 

Sec. 301. Operation and maintenance funding. 

Sec. 302. Working capital funds. 

Sec. 303. Armed Forces Retirement Home. 

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

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

to Naval Training Center, Great Lakes, Illinois. 

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

language program. 

Subtitle B—Environmental Provisions 

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

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

ordnance, discarded military munitions, and munitions constituents. 

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

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

with surety authority under CERCLA. 

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

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

Sec. 317. Department of Defense energy efficiency program. 

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

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

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

Sec. 320. River mitigation studies. 

Subtitle C—Commissaries and Nonappropriated Fund Instrumentalities 

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

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

for purposes other than commissary sales. 

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

stores. 

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

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

shoplifting. 

Subtitle D—Workforce and Depot Issues 

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

maintenance. 

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

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

of Defense. 

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

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

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

Logistics Modernization Program. 

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

Subtitle E—Defense Dependents Education 

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

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

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

for dependents who are home school students.

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

teachers in the Department of Defense overseas dependents’ schools. 

Subtitle F—Other Matters 

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

Veterans Affairs initiative to assist homeless veterans. 

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

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

Training Technology Project. 

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

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

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

Olympic Games. 

Subtitle A—Authorization of 

Appropriations 

SEC. 301. OPERATION AND MAINTENANCE FUNDING. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are hereby 

authorized to be appropriated for fiscal year 2002 for the use 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Forces, $9,096,000. 

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

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

(16) 

$385,437,

For 

000. 

Environmental Restoration, Air Force, 

(17) For Environmental Restoration, Defense-wide, 

$23,492,000. 

(18) For Environmental Restoration, Formerly Used 

Defense Sites, $230,255,000. 

(19) For Overseas Humanitarian, Disaster, and Civic Aid 

programs, $49,700,000. 

(20) For Drug Interdiction and Counter-drug Activities, 

Defense-wide, $820,381,000. 

(21) For the Kaho’olawe Island Conveyance, Remediation, 

and Environmental Restoration Trust Fund, $40,000,000. 

(22) For Defense Health Program, $17,570,750,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1047
 

(23) For Cooperative Threat Reduction programs, 

$403,000,000. 

(24) For Overseas Contingency Operations Transfer Fund, 

$2,844,226,000. 

(25) For Support for International Sporting Competitions, 

Defense, $15,800,000. 

(b) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (5) of subsection (a) 

is the sum of the amounts authorized to be appropriated in such 

paragraphs, reduced by $125,000,000, which represents savings 

resulting from reduced energy costs. 

SEC. 302. WORKING CAPITAL FUNDS. 

Funds are hereby authorized to be appropriated for fiscal year 

2002 for the use of the Armed Forces and other activities and 

agencies of the Department of Defense for providing capital for 

working capital and revolving funds in amounts as follows: 

(1) For the Defense Working Capital Funds, $1,656,396,000. 

(2) For the National Defense Sealift Fund, $407,708,000. 

SEC. 303. ARMED FORCES RETIREMENT HOME. 

(a) AMOUNT FOR FISCAL YEAR 2002.—There is hereby authorized to be appropriated for fiscal year 2002 from the Armed Forces 

Retirement Home Trust Fund the sum of $71,440,000 for the operation of the Armed Forces Retirement Home. 

(b) AVAILABILITY OF AMOUNTS PREVIOUSLY APPROPRIATED.— 

Of amounts appropriated from the Armed Forces Retirement Home 

Trust Fund for fiscal year 2002 (and previous fiscal years to the 

extent such amounts remain unobligated), $22,400,000 shall be 

available, subject to the review and approval of the Secretary of 

Defense, for the development and construction of a blended use, 

multicare facility at the Naval Home and for the acquisition of 

a parcel of real property adjacent to the Naval Home consisting 

of approximately 15 acres. 

SEC. 304. TRANSFER FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND. 

(a) TRANSFER AUTHORITY.—To the extent provided in appropriations Acts, not more than $150,000,000 is authorized to be transferred from the National Defense Stockpile Transaction Fund to 

operation and maintenance accounts for fiscal year 2002 in amounts 

as follows: 

(1) For the Army, $50,000,000. 

(2) For the Navy, $50,000,000. 

(3) For the Air Force, $50,000,000. 

(b) TREATMENT OF TRANSFERS.—Amounts transferred under 

this section— 

(1) shall be merged with, and be available for the same 

purposes and the same period as, the amounts in the accounts 

to which transferred; and 

(2) may not be expended for an item that has been denied 

authorization of appropriations by Congress. 

(c) RELATIONSHIP TO OTHER TRANSFER AUTHORITY.—The 

transfer authority provided in this section is in addition to the 

transfer authority provided in section 1001. 

115 STAT. 1048 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 305. FUNDS FOR RENOVATION OF DEPARTMENT OF VETERANS 

AFFAIRS FACILITIES ADJACENT TO NAVAL TRAINING 

CENTER, GREAT LAKES, ILLINOIS. 

(a) AVAILABILITY OF FUNDS FOR RENOVATION.—Subject to subsection (b), of the amount authorized to be appropriated by section 

301(a)(2) for operation and maintenance for the Navy, the Secretary 

of the Navy may make available to the Secretary of Veterans 

Affairs up to $2,000,000 for relocation of Department of Veterans 

Affairs activities and associated renovation of existing facilities 

at the North Chicago Department of Veterans Affairs Medical 

Center, Illinois. 

(b) LIMITATION.—The Secretary of the Navy may make funds 

available under subsection (a) only after the Secretary of the Navy 

and the Secretary of Veterans Affairs enter into an appropriate 

agreement for the use by the Secretary of the Navy of approximately 

48 acres of real property at the North Chicago Department of 

Veterans Affairs property referred to in subsection (a) for expansion 

of the Naval Training Center, Great Lakes, Illinois. 

SEC. 306. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE 

CENTER EXPANDED ARABIC LANGUAGE PROGRAM. 

Of the amount authorized to be appropriated by section 

301(a)(1) for operation and maintenance for the Army, $650,000 

may be available for the Defense Language Institute Foreign Language Center for an expanded Arabic language program. 

Subtitle B—Environmental Provisions 

SEC. 311. INVENTORY OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS AT 

DEFENSE SITES (OTHER THAN OPERATIONAL RANGES). 

(a) INVENTORY REQUIRED.—(1) Chapter 160 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 2710. Inventory of unexploded ordnance, discarded military munitions, and munitions constituents at

defense sites (other than operational ranges) 

‘‘(a) INVENTORY REQUIRED.—(1) The Secretary of Defense shall 

develop and maintain an inventory of defense sites that are known 

or suspected to contain unexploded ordnance, discarded military 

munitions, or munitions constituents. 

‘‘(2) The information in the inventory for each defense site 

shall include, at a minimum, the following: 

‘‘(A) A unique identifier for the defense site. 

‘‘(B) An appropriate record showing the location, boundaries, and extent of the defense site, including identification 

of the State and political subdivisions of the State in which 

the defense site is located and any Tribal lands encompassed 

by the defense site. 

‘‘(C) Known persons and entities, other than a military 

department, with any current ownership interest or control 

of lands encompassed by the defense site. 

‘‘(D) Any restrictions or other land use controls currently 

in place at the defense site that might affect the potential 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1049
 

for public and environmental exposure to the unexploded ordnance, discarded military munitions, or munitions constituents. 

‘‘(b) SITE PRIORITIZATION.—(1) The Secretary shall develop, in 

consultation with representatives of the States and Indian Tribes, 

a proposed protocol for assigning to each defense site a relative 

priority for response activities related to unexploded ordnance, discarded military munitions, and munitions constituents based on 

the overall conditions at the defense site. After public notice and 

comment on the proposed protocol, the Secretary shall issue a 

final protocol and shall apply the protocol to defense sites listed 

on the inventory. The level of response priority assigned the site 

shall be included with the information required by subsection (a)(2). ‘‘(2) In assigning the response priority for a defense site on 

the inventory, the Secretary shall primarily consider factors relating 

to safety and environmental hazard potential, such as the following: ‘‘(A) Whether there are known, versus suspected, 

unexploded ordnance, discarded military munitions, or munitions constituents on all or any portion of the defense site 

and the types of unexploded ordnance, discarded military munitions, or munitions constituents present or suspected to be 

present. ‘‘(B) Whether public access to the defense site is controlled, 

and the effectiveness of these controls. ‘‘(C) The potential for direct human contact with 

unexploded ordnance, discarded military munitions, or munitions constituents at the defense site and evidence of people 

entering the site. 

‘‘(D) Whether a response action has been or is being undertaken at the defense site under the Formerly Used Defense 

Sites program or other program. 

‘‘(E) The planned or mandated dates for transfer of the 

defense site from military control. 

‘‘(F) The extent of any documented incidents involving 

unexploded ordnance, discarded military munitions, or munitions constituents at or from the defense site, including 

incidents involving explosions, discoveries, injuries, reports, and 

investigations. 

‘‘(G) The potential for drinking water contamination or 

the release of munitions constituents into the air. 

‘‘(H) The potential for destruction of sensitive ecosystems 

and damage to natural resources. 

‘‘(3) The priority assigned to a defense site included on the 

inventory shall not impair, alter, or diminish any applicable Federal 

or State authority to establish requirements for the investigation 

of, and response to, environmental problems at the defense site. 

‘‘(c) UPDATES AND AVAILABILITY.—(1) The Secretary shall 

annually update the inventory and site prioritization list to reflect 

new information that becomes available. The inventory shall be 

available in published and electronic form. 

‘‘(2) The Secretary shall work with communities adjacent to 

a defense site to provide information concerning conditions at the 

site and response activities. At a minimum, the Secretary shall 

provide the site inventory information and site prioritization list 

to appropriate Federal, State, tribal, and local officials, and, to 

the extent the Secretary considers appropriate, to civil defense 

or emergency management agencies and the public. 

‘‘(d) EXCEPTIONS.—This section does not apply to the following: 

Protocol. 

Public 

information. 

Applicability. 

115 STAT. 1050
 PUBLIC LAW 107–107—DEC. 28, 2001 

‘‘(1) Any locations outside the United States. 

‘‘(2) The presence of military munitions resulting from combat operations. ‘‘(3) Operating storage and manufacturing facilities. 

‘‘(4) Operational ranges. 

‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘defense site’ applies to locations that are 

or were owned by, leased to, or otherwise possessed or used 

by the Department of Defense. The term does not include 

any operational range, operating storage or manufacturing 

facility, or facility that is used for or was permitted for the 

treatment or disposal of military munitions. ‘‘(2) The term ‘discarded military munitions’ means military 

munitions that have been abandoned without proper disposal 

or removed from storage in a military magazine or other storage 

area for the purpose of disposal. The term does not include 

unexploded ordnance, military munitions that are being held 

for future use or planned disposal, or military munitions that 

have been properly disposed of, consistent with applicable 

environmental laws and regulations. ‘‘(3)(A) The term ‘military munitions’ means all ammunition 

products and components produced for or used by the armed 

forces for national defense and security, including ammunition 

products or components under the control of the Department 

of Defense, the Coast Guard, the Department of Energy, and 

the National Guard. The term includes confined gaseous, liquid, 

and solid propellants, explosives, pyrotechnics, chemical and 

riot control agents, smokes, and incendiaries, including bulk 

explosives and chemical warfare agents, chemical munitions, 

rockets, guided and ballistic missiles, bombs, warheads, mortar 

rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and 

dispensers, demolition charges, and devices and components 

thereof. 

‘‘(B) The term does not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, 

and nuclear components, except that the term does include 

nonnuclear components of nuclear devices that are managed 

under the nuclear weapons program of the Department of 

Energy after all required sanitization operations under the 

Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) have been 

completed. 

‘‘(4) The term ‘munitions constituents’ means any materials 

originating from unexploded ordnance, discarded military munitions, or other military munitions, including explosive and nonexplosive materials, and emission, degradation, or breakdown 

elements of such ordnance or munitions. 

‘‘(5) The term ‘operational range’ means a military range 

that is used for range activities, or a military range that is 

not currently being used, but that is still considered by the 

Secretary to be a range area, is under the jurisdiction, custody, 

or control of the Department of Defense, and has not been 

put to a new use that is incompatible with range activities. 

‘‘(6) The term ‘possessions’ includes Johnston Atoll, Kingman Reef, Midway Island, Nassau Island, Palmyra Island, and 

Wake Island. 

‘‘(7) The term ‘Secretary’ means the Secretary of Defense. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1051
 

‘‘(8) The term ‘State’ means the several States, the District 

of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories 

and possessions. 

‘‘(9) The term ‘unexploded ordnance’ means military munitions that— 

‘‘(A) have been primed, fused, armed, or otherwise 

prepared for action; 

‘‘(B) have been fired, dropped, launched, projected, or 

placed in such a manner as to constitute a hazard to 

operations, installations, personnel, or material; and 

‘‘(C) remain unexploded either by malfunction, design, 

or any other cause. 

‘‘(10) The term ‘United States’, in a geographic sense, means 

the States, territories, and possessions and associated navigable 

waters, contiguous zones, and ocean waters of which the natural 

resources are under the exclusive management authority of 

the United States.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘2710. Inventory of unexploded ordnance, discarded military munitions, and munitions constituents at defense sites (other than operational ranges).’’. 

(b) INITIAL INVENTORY.—The requirements of section 2710 of 

title 10, United States Code, as added by subsection (a), shall 

be implemented as follows: 

(1) The initial inventory required by subsection (a) of such 

section shall be completed not later than May 31, 2003. 

(2) The proposed prioritization protocol required by subsection (b) of such section shall be available for public comment 

not later than November 30, 2002. 

SEC. 312. ESTABLISHMENT OF NEW PROGRAM ELEMENT FOR REMEDIATION OF UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS. 

Section 2703 of title 10, United States Code, is amended— 

(1) by redesignating subsections (b) through (f) as subsections (c) through (g), respectively; and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) PROGRAM ELEMENTS FOR ORDNANCE REMEDIATION.—The 

Secretary of Defense shall establish a program element for remediation of unexploded ordnance, discarded military munitions, and 

munitions constituents within each environmental restoration 

account established under subsection (a). The terms ‘unexploded 

ordnance’, ‘discarded military munitions’, and ‘munitions constituents’ have the meanings given such terms in section 2710 of this 

title.’’. 

SEC. 313. ASSESSMENT OF ENVIRONMENTAL REMEDIATION OF 

UNEXPLODED ORDNANCE, DISCARDED MILITARY MUNITIONS, AND MUNITIONS CONSTITUENTS. 

(a) INCLUSION IN 2003 REPORT ON ENVIRONMENTAL RESTORATION ACTIVITIES.—The Secretary of Defense shall include in the 

report submitted to Congress under section 2706(a) of title 10, 

United States Code, in 2003 a comprehensive assessment of 

unexploded ordnance, discarded military munitions, and munitions 

Deadlines. 

10 USC 2710 

note. 

10 USC 2706 

note. 

115 STAT. 1052 PUBLIC LAW 107–107—DEC. 28, 2001
 

constituents located at current and former facilities of the Department of Defense. The assessment shall include, at a minimum, 

the following: 

(1) Separate estimates of the aggregate projected costs 

of the remediation of unexploded ordnance, discarded military 

munitions, and munitions constituents at— 

(A) all operational ranges; and 

(B) all other defense sites. 

(2) A comprehensive plan for addressing the remediation 

of unexploded ordinance, discarded military munitions, and 

munitions constituents at defense sites, including an assessment of the funding required and the period of time over 

which such funding will be required. 

(3) An assessment of the technology currently available 

for the remediation of unexploded ordnance, discarded military 

munitions, and munitions constituents. 

(4) An assessment of the impact of improved technology 

on the cost of such remediation and a plan for the development 

and use of such improved technology. 

(b) REQUIREMENTS FOR COST ESTIMATES.—(1) The estimates 

of aggregate projected costs required by subsection (a)(1) shall— 

(A) be stated as a range of aggregate projected costs, 

including a low estimate and a high estimate; 

(B) set forth the differing assumptions underlying each 

such low estimate and high estimate, including— 

(i) any public uses for the operational ranges and other 

defense sites concerned that will be available after the 

remediation is completed; 

(ii) the extent of the remediation required to make 

the operational ranges and other defense sites concerned 

available for such uses; and 

(iii) the technologies to be applied to achieve such 

level of remediation; and 

(C) include, and identify separately, an estimate of the 

aggregate projected costs of the remediation of any ground 

water contamination that may be caused by unexploded ordnance, discarded military munitions, or munitions constituents 

at the operational ranges and other defense sites concerned. 

(2) The high estimate of the aggregate projected costs shall 

be based on the assumption that all unexploded ordnance, discarded 

military munitions, and munitions constituents at each operational 

range and other defense site will be addressed, regardless of 

whether there are any current plans to close the range or site 

or discontinue training at the range or site. 

(3) The estimate of the aggregate projected costs of remediation 

of ground water contamination under paragraph (1)(C) shall be 

based on a comprehensive assessment of the risk of such contamination and of the actions required to protect the ground water supplies 

concerned. 

(4) The standards for the report of liabilities of the Department 

of Defense shall not apply to the cost estimates required by subsection (a)(1). 

(c) INTERIM ASSESSMENT.—The report submitted to Congress 

under section 2706(a) of title 10, United States Code, in 2002 

shall include the assessment required by subsection (a) to the 

extent that the information required to be provided as part of 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1053
 

the assessment is available. The Secretary shall include an explanation of any limitations on the information available or qualifications on the information provided. 

(d) DEFINITIONS.—In this section, the terms ‘‘unexploded ordnance’’, ‘‘discarded military munitions’’, ‘‘munitions constituents’’, ‘‘operational range’’, and ‘‘defense site’’ have the meanings given 

such terms in section 2710 of title 10, United States Code, as 

added by section 311. 

SEC. 314. CONFORMITY OF SURETY AUTHORITY UNDER ENVIRONMENTAL RESTORATION PROGRAM WITH SURETY 

AUTHORITY UNDER CERCLA. 

Section 2701(j)(1) of title 10, United States Code, is amended 

by striking ‘‘, or after December 31, 1999’’. 

SEC. 315. ELIMINATION OF ANNUAL REPORT ON CONTRACTOR 

REIMBURSEMENT FOR COSTS OF ENVIRONMENTAL 

RESPONSE ACTIONS. 

(a) REPORT ELIMINATION.—Section 2706 of title 10, United 

States Code, is amended— 

(1) by striking subsection (c); and 

(2) by redesignating subsections (d) and (e) as subsections 

(c) and (d), respectively. 

(b) CONFORMING AMENDMENTS.—Subsection (d) of such section, 

as redesignated by subsection (a) of this section, is amended— 

(1) by striking paragraphs (1) and (3); and 

(2) by redesignating paragraphs (2), (4), and (5) as paragraphs (1), (2), and (3), respectively.
 

SEC. 316. PILOT PROGRAM FOR SALE OF AIR POLLUTION EMISSION 

REDUCTION INCENTIVES. 

(a) EXTENSION.—Section 351(a)(2) of the National Defense 

Authorization Act for Fiscal Year 1998 (Public Law 105–85; 10 

U.S.C. 2701 note) is amended by striking ‘‘September 30, 2001’’ 

and inserting ‘‘September 30, 2003’’. (b) REPORT REQUIRED.—(1) The Secretary of Defense shall pre- 10 USC 2701 

pare a report concerning the operation of the pilot program for note. 

the sale of economic incentives for the reduction of emission of 

air pollutants attributable to military facilities, as authorized by 

section 351 of the National Defense Authorization Act for Fiscal 

Year 1998 (Public Law 105–85; 10 U.S.C. 2701 note). The report 

shall— 

(A) detail all transactions that have been completed under
 

the pilot program, the dollar amount of each transaction, and
 

the number and type of air pollutants involved in each transaction;
 

(B) evaluate the extent to which retention of the proceeds
 

of sales under the pilot program, as required by subsection
 

(c) of such section, has provided incentives for such sales; 

(C) evaluate the extent of any loss to the United States
 

Treasury associated with the pilot program; and
 

(D) evaluate the environmental impact of the pilot program. 

(2) Not later than March 1, 2003, the Secretary shall submit Deadline. 

the report required by paragraph (1) to the Committee on Energy 

and Commerce and the Committee on Armed Services of the House 

of Representatives and the Committee on Environment and Public 

Works and the Committee on Armed Services of the Senate. 

115 STAT. 1054 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 2865 

note. 

Deadlines. 

SEC. 317. DEPARTMENT OF DEFENSE ENERGY EFFICIENCY PROGRAM. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense should work to implement fuel efficiency 

reforms that allow for investment decisions based on the true cost 

of delivered fuel, strengthen the linkage between warfighting capability and fuel logistics requirements, provide high-level leadership 

encouraging fuel efficiency, target fuel efficiency improvements 

through science and technology investment, and include fuel efficiency in requirements and acquisition processes. 

(b) ENERGY EFFICIENCY PROGRAM.—The Secretary shall carry 

out a program to significantly improve the energy efficiency of 

facilities of the Department of Defense through 2010. The Secretary 

shall designate a senior official of the Department of Defense to 

be responsible for managing the program for the Department and 

a senior official of each military department to be responsible for 

managing the program for such department. 

(c) ENERGY EFFICIENCY GOALS.—The goal of the energy efficiency program shall be to achieve reductions in energy consumption 

by facilities of the Department of Defense as follows: 

(1) In the case of industrial and laboratory facilities, reductions in the average energy consumption per square foot of 

such facilities, per unit of production or other applicable unit, 

relative to energy consumption in 1990— 

(A) by 20 percent by 2005; and 

(B) by 25 percent by 2010. 

(2) In the case of other facilities, reductions in average 

energy consumption per gross square foot of such facilities, 

relative to energy consumption per gross square foot in 1985— 

(A) by 30 percent by 2005; and 

(B) by 35 percent by 2010. 

(d) STRATEGIES FOR IMPROVING ENERGY EFFICIENCY.—In order 

to achieve the goals set forth in subsection (c), the Secretary shall, 

to the maximum extent practicable— 

(1) purchase energy-efficient products, as so designated 

by the Environmental Protection Agency and the Department 

of Energy, and other products that are energy-efficient; 

(2) utilize energy savings performance contracts, utility 

energy-efficiency service contracts, and other contracts designed 

to achieve energy conservation; 

(3) use life-cycle cost analysis, including assessment of 

life-cycle energy costs, in making decisions about investments 

in products, services, construction, and other projects; 

(4) conduct energy efficiency audits for approximately 10 

percent of all Department of Defense facilities each year; 

(5) explore opportunities for energy efficiency in industrial 

facilities for steam systems, boiler operation, air compressor 

systems, industrial processes, and fuel switching; and 

(6) retire inefficient equipment on an accelerated basis 

where replacement results in lower life-cycle costs. 

(e) REPORTING REQUIREMENTS.—Not later than January 1, 

2002, and each January 1 thereafter through 2010, the Secretary 

shall submit to the congressional defense committees the report 

required to be prepared by the Secretary pursuant to section 303 

of Executive Order 13123 (64 Fed. Reg. 30851; 42 U.S.C. 8251 

note) regarding the progress made toward achieving the energy 

efficiency goals of the Department of Defense. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1055
 

SEC. 318. PROCUREMENT OF ALTERNATIVE FUELED AND HYBRID 

LIGHT DUTY TRUCKS. 

(a) DEFENSE FLEETS NOT COVERED BY REQUIREMENT IN ENERGY 

POLICY ACT OF 1992.—(1) The Secretary of Defense shall coordinate 

with the Administrator of General Services to ensure that only 

hybrid vehicles are procured by the Administrator for the Department of Defense fleet of light duty trucks that is not in a fleet 

of vehicles to which section 303 of the Energy Policy Act of 1992 

(42 U.S.C. 13212) applies. 

(2) The Secretary, in consultation with the Administrator, may 

waive the policy regarding the procurement of hybrid vehicles in 

paragraph (1) to the extent that the Secretary determines 

necessary— 

(A) in the case of trucks that are exempt from the requirements of section 303 of the Energy Policy Act of 1992 for 

national security reasons under subsection (b)(3)(E) of such 

section, to meet specific requirements of the Department of 

Defense for capabilities of light duty trucks; 

(B) to procure vehicles consistent with the standards 

applicable to the procurement of fleet vehicles for the Federal 

Government; or 

(C) to adjust to limitations on the commercial availability 

of light duty trucks that are hybrid vehicles. 

(3) This subsection applies with respect to procurements of 

light duty trucks in fiscal year 2005 and subsequent fiscal years. 

(b) REQUIREMENT TO EXCEED REQUIREMENT IN ENERGY POLICY 

ACT OF 1992.—(1) The Secretary of Defense shall coordinate with 

the Administrator of General Services to ensure that, of the light 

duty trucks procured in fiscal years after fiscal year 2004 for the 

fleets of light duty vehicles of the Department of Defense to which 

section 303 of the Energy Policy Act of 1992 applies— 

(A) five percent of the total number of such trucks that 

are procured in each of fiscal years 2005 and 2006 are alternative fueled vehicles or hybrid vehicles; and 

(B) ten percent of the total number of such trucks that 

are procured in each fiscal year after fiscal year 2006 are 

alternative fueled vehicles or hybrid vehicles. 

(2) Light duty trucks acquired for the Department of Defense 

that are counted to comply with section 303 of the Energy Policy 

Act of 1992 for a fiscal year shall be counted to determine the 

total number of light duty trucks procured for the Department 

of Defense for that fiscal year for the purposes of paragraph (1), 

but shall not be counted to satisfy the requirement in that paragraph. 

(c) REPORT ON PLANS FOR IMPLEMENTATION.—At the same time 

that the President submits the budget for fiscal year 2003 to Congress under section 1105(a) of title 31, United States Code, the 

Secretary shall submit to Congress a report summarizing the plans 

for carrying out subsections (a) and (b). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘hybrid vehicle’’ means a motor vehicle that 

draws propulsion energy from onboard sources of stored energy 

that are both— 

(A) an internal combustion or heat engine using 

combustible fuel; and 

(B) a rechargeable energy storage system. 

10 USC 2302 

note. 

Applicability. 

115 STAT. 1056 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

(2) The term ‘‘alternative fueled vehicle’’ has the meaning 

given that term in section 301 of the Energy Policy Act of 

1992 (42 U.S.C. 13211). 

SEC. 319. REIMBURSEMENT OF ENVIRONMENTAL PROTECTION 

AGENCY FOR CERTAIN RESPONSE COSTS IN CONNECTION 

WITH HOOPER SANDS SITE, SOUTH BERWICK, MAINE. 

(a) AUTHORITY TO REIMBURSE.—Using amounts specified in subsection (c), the Secretary of the Navy may pay $1,005,478 to 

the Hooper Sands Special Account within the Hazardous Substance 

Superfund established by section 9507 of the Internal Revenue 

Code of 1986 to reimburse the Environmental Protection Agency 

for the response costs incurred by the Environmental Protection 

Agency for actions taken between May 12, 1992, and July 31, 

2000, pursuant to the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) 

at the Hooper Sands site in South Berwick, Maine, in accordance 

with the interagency agreement entered into by the Department 

of the Navy and the Environmental Protection Agency in January 

2001. 

(b) TREATMENT OF REIMBURSEMENT.—Payment of the amount 

authorized by subsection (a) shall be in full satisfaction of amounts 

due from the Department of the Navy to the Environmental Protection Agency for the response costs described in that subsection. 

(c) SOURCE OF FUNDS.—Payment under subsection (a) shall 

be made using amounts authorized to be appropriated by section 

301(a)(15) to the Environmental Restoration Account, Navy, established by section 2703(a)(3) of title 10, United States Code. 

SEC. 320. RIVER MITIGATION STUDIES. 

(a) PORT OF ORANGE, SABINE RIVER.—The Secretary of Defense 

may conduct a study regarding protruding structures and submerged objects remaining from the World War II Navy ship building 

industry located at the former Navy installation in Orange, Texas, 

which create navigational hazards along the Sabine River and surrounding the Port of Orange. 

(b) PHILADELPHIA NAVAL SHIPYARD, DELAWARE RIVER.—The 

Secretary of Defense may conduct a study regarding floating and 

partially submerged debris possibly relating to the Philadelphia 

Naval Shipyard in that portion of the Delaware River from Philadelphia, Pennsylvania, to the mouth of the river which create navigational hazards along the river. 

(c) USE OF EXISTING INFORMATION.—In conducting a study 

authorized by this section, the Secretary of Defense shall take 

into account any information available from other studies conducted 

in connection with the same navigation channels. 

(d) CONSULTATION.—The Secretary of Defense shall conduct 

the studies authorized by this section in consultation with appropriate State and local government entities and Federal agencies. 

(e) REPORT ON STUDY RESULTS.—Not later than April 30, 2002, 

the Secretary of Defense shall submit to the Committee on Armed 

Services of the House of Representatives and the Committee on 

Armed Services of the Senate a report that— 

(1) summarizes the results of each study conducted under 

this section; and 

(2) contains an evaluation by the Secretary of the extent 

to which the navigational hazards identified in each study 

are the result of Department of Defense activities. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1057
 

(f) COST SHARING.—Nothing in this section is intended to 

require non-Federal cost sharing of the costs incurred by the Secretary of Defense to conduct a study authorized by this section. 

(g) RELATION TO OTHER LAWS AND AGREEMENTS.—This section 

is not intended to modify any authorities provided to the Secretary 

of the Army by the Water Resources Development Act of 1986 

(33 U.S.C. 2201 et seq.), nor is it intended to modify any nonFederal cost-sharing responsibilities outlined in any local cooperation agreements. 

Subtitle C—Commissaries and
 

Nonappropriated Fund Instrumentalities
 

SEC. 331. COMMISSARY BENEFITS FOR NEW MEMBERS OF THE READY 

RESERVE. 

(a) ELIGIBILITY.—Section 1063 of title 10, United States Code, 

is amended— (1) by redesignating subsections (b) and (c) as subsections 

(c) and (d), respectively; and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) ELIGIBILITY OF NEW MEMBERS.—(1) The Secretary concerned shall authorize a new member of the Ready Reserve to 

use commissary stores of the Department of Defense for a number 

of days accruing at the rate of two days for each month in which 

the member participates satisfactorily in training required under 

section 10147(a)(1) of this title or section 502(a) of title 32, as 

the case may be. ‘‘(2) For the purposes of paragraph (1), a person shall be considered a new member of the Ready Reserve upon becoming a member 

and continuing without a break in the membership until the earlier 

of— ‘‘(A) the date on which the member becomes eligible to 

use commissary stores under subsection (a); or ‘‘(B) December 31 of the first calendar year in which the 

membership has been continuous for the entire year. 

‘‘(3) A new member may not be authorized under this subsection 

to use commissary stores for more than 24 days for any calendar 

year.’’. 

(b) REQUIRED DOCUMENTATION.—Subsection (d) of such section, 

as redesignated by subsection (a)(1), is amended by adding at the 

end the following new sentence: ‘‘The regulations shall specify the 

required documentation of satisfactory participation in training for 

the purposes of subsection (b).’’. (c) CONFORMING AMENDMENT.—Subsection (c) of such section, 

as redesignated by subsection (a)(1), is amended by striking ‘‘Subsection (a)’’ and inserting ‘‘Subsections (a) and (b)’’. 

(d) CLERICAL AMENDMENTS.—(1) The heading for such section 

is amended to read as follows: 

‘‘§ 1063. Use of commissary stores: members of Ready

Reserve’’. 

(2) Subsection (a) of such section is amended by striking ‘‘OF 

READY RESERVE’’ and inserting ‘‘WITH 50 OR MORE CREDITABLE 

POINTS’’. 

115 STAT. 1058 PUBLIC LAW 107–107—DEC. 28, 2001
 

(3) The item relating to such section in the table of sections 

at the beginning of chapter 54 of title 10, United States Code, 

is amended to read as follows: 

‘‘1063. Use of commissary stores: members of Ready Reserve.’’. 

SEC. 332. REIMBURSEMENT FOR USE OF COMMISSARY FACILITIES BY 

MILITARY DEPARTMENTS FOR PURPOSES OTHER THAN 

COMMISSARY SALES. 

(a) REQUIREMENT.—Chapter 147 of title 10, United States Code, 

is amended by inserting after section 2482a the following new 

section: 

‘‘§ 2483. Commissary stores: reimbursement for use of commissary facilities by military departments 

‘‘(a) PAYMENT REQUIRED.—The Secretary of a military department shall pay the Defense Commissary Agency the amount determined under subsection (b) for any use of a commissary facility 

by the military department for a purpose other than commissary 

sales or operations in support of commissary sales. ‘‘(b) AMOUNT.—The amount payable under subsection (a) for 

use of a commissary facility by a military department shall be 

equal to the share of depreciation of the facility that is attributable 

to that use, as determined under regulations prescribed by the 

Secretary of Defense. ‘‘(c) COVERED FACILITIES.—This section applies with respect 

to a commissary facility that is acquired, constructed, converted, 

expanded, installed, or otherwise improved (in whole or in part) 

with the proceeds of an adjustment or surcharge applied under 

section 2486(c) of this title. ‘‘(d) CREDITING OF PAYMENTS.—The Director of the Defense 

Commissary Agency shall credit amounts paid under this section 

for use of a facility to an appropriate account to which proceeds 

of an adjustment or surcharge referred to in subsection (c) are 

credited.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 2482a the following new item: 

‘‘2483. Commissary stores: reimbursement for use of commissary facilities by military departments.’’. 

SEC. 333. PUBLIC RELEASES OF COMMERCIALLY VALUABLE 

INFORMATION OF COMMISSARY STORES. 

(a) LIMITATIONS AND AUTHORITY.—Section 2487 of title 10, 

United States Code, is amended to read as follows: 

‘‘§ 2487. Commissary stores: release of certain commercially

valuable information to the public 

‘‘(a) AUTHORITY TO LIMIT RELEASE.—(1) The Secretary of 

Defense may limit the release to the public of any information 

described in paragraph (2) if the Secretary determines that it is 

in the best interest of the Department of Defense to limit the 

release of such information. If the Secretary determines to limit 

the release of any such information, the Secretary may provide 

for limited release of such information in accordance with subsection 

(b). 

‘‘(2) Paragraph (1) applies to the following: 

‘‘(A) Information contained in the computerized business 

systems of commissary stores or the Defense Commissary 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1059
 

Agency that is collected through or in connection with the 

use of electronic scanners in commissary stores, including the 

following information: ‘‘(i) Data relating to sales of goods or services. 

‘‘(ii) Demographic information on customers. 

‘‘(iii) Any other information pertaining to commissary 

transactions and operations. 

‘‘(B) Business programs, systems, and applications 

(including software) relating to commissary operations that 

were developed with funding derived from commissary surcharges. 

‘‘(b) RELEASE AUTHORITY.—(1) The Secretary of Defense may, 

using competitive procedures, enter into a contract to sell information described in subsection (a)(2). ‘‘(2) The Secretary of Defense may release, without charge, 

information on an item sold in commissary stores to the manufacturer or producer of that item or an agent of the manufacturer 

or producer. ‘‘(3) The Secretary of Defense may, by contract entered into 

with a business, grant to the business a license to use business 

programs referred to in subsection (a)(2)(B), including software 

used in or comprising any such program. The fee charged for 

the license shall be based on the costs of similar programs developed 

and marketed by businesses in the private sector, determined by 

means of surveys. ‘‘(4) Each contract entered into under this subsection shall 

specify the amount to be paid for information released or a license 

granted under the contract, as the case may be. 

‘‘(c) FORM OF RELEASE.—Information described in subsection 

(a)(2) may not be released, under subsection (b) or otherwise, in 

a form that identifies any customer or that provides information 

making it possible to identify any customer. 

‘‘(d) RECEIPTS.—Amounts received by the Secretary under this 

section shall be credited to funds derived from commissary surcharges, shall be merged with those funds, and shall be available 

for the same purposes as the funds with which merged. 

‘‘(e) DEFINITION.—In this section, the term ‘commissary surcharge’ means any adjustment or surcharge applied under section 

2486(c) of this title.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 147 of title 10, United States Code, is amended 

by striking the item relating to section 2487 and inserting the 

following new item: 

‘‘2487. Commissary stores: release of certain commercially valuable information to 

the public.’’. 

SEC. 334. REBATE AGREEMENTS WITH PRODUCERS OF FOODS PROVIDED UNDER SPECIAL SUPPLEMENTAL FOOD PROGRAM. 

Section 1060a of title 10, United States Code, is amended— 

(1) by redesignating subsections (e) and (f) as subsections 

(f) and (g), respectively; and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) REBATE AGREEMENTS WITH FOOD PRODUCERS.—(1) In the 

administration of the program under this section, the Secretary 

of Defense may enter into a contract with a producer of a particular 

brand of food that provides for— 

115 STAT. 1060 PUBLIC LAW 107–107—DEC. 28, 2001
 

Notification. 

‘‘(A) the Secretary of Defense to procure that particular 

brand of food, exclusive of other brands of the same or similar 

food, for the purpose of providing the food in commissary stores 

of the Department of Defense as a supplemental food under 

the program; and ‘‘(B) the producer to rebate to the Secretary amounts equal 

to agreed portions of the amounts paid by the Secretary for 

the procurement of that particular brand of food for the program. 

‘‘(2) The Secretary of Defense shall use competitive procedures 

under chapter 137 of this title to enter into contracts under this 

subsection. ‘‘(3) The period covered by a contract entered into under this 

subsection may not exceed one year. No such contract may be 

extended by a modification of the contract, by exercise of an option, 

or by any other means. Nothing in this paragraph prohibits a 

contractor under a contract entered into under this subsection for 

any year from submitting an offer for, and being awarded, a contract 

that is to be entered into under this subsection for a successive 

year. ‘‘(4) Amounts rebated under a contract entered into under paragraph (1) shall be credited to the appropriation available for carrying out the program under this section in the fiscal year in 

which rebated, shall be merged with the other sums in that appropriation, and shall be available for the program for the same period 

as the other sums in the appropriation.’’. 

SEC. 335. CIVIL RECOVERY FOR NONAPPROPRIATED FUND INSTRUMENTALITY COSTS RELATED TO SHOPLIFTING. 

Section 3701(b)(1)(B) of title 31, United States Code, is amended 

by inserting before the comma at the end the following: ‘‘, including 

actual and administrative costs related to shoplifting, theft detection, and theft prevention’’. 

Subtitle D—Workforce and Depot Issues 

SEC. 341. REVISION OF AUTHORITY TO WAIVE LIMITATION ON PERFORMANCE OF DEPOT-LEVEL MAINTENANCE. 

Section 2466 of title 10, United States Code, is amended— (1) by striking subsection (c); and 

(2) by inserting after subsection (a) the following new subsections: 

‘‘(b) WAIVER OF LIMITATION.—The Secretary of Defense may 

waive the limitation in subsection (a) for a fiscal year if— 

‘‘(1) the Secretary determines that the waiver is necessary 

for reasons of national security; and 

‘‘(2) the Secretary submits to Congress a notification of 

the waiver together with the reasons for the waiver. 

‘‘(c) PROHIBITION ON DELEGATION OF WAIVER AUTHORITY.—The 

authority to grant a waiver under subsection (b) may not be delegated.’’. 

SEC. 342. EXCLUSION OF CERTAIN EXPENDITURES FROM LIMITATION 

ON PRIVATE SECTOR PERFORMANCE OF DEPOT-LEVEL 

MAINTENANCE. 

Section 2474 of title 10, United States Code, is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1061
 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) EXCLUSION OF CERTAIN EXPENDITURES FROM PERCENTAGE 

LIMITATION.—(1) Amounts expended out of funds described in paragraph (2) for the performance of a depot-level maintenance and 

repair workload by non-Federal Government personnel at a Center 

of Industrial and Technical Excellence shall not be counted for 

purposes of applying the percentage limitation in section 2466(a) 

of this title if the personnel are provided by private industry or 

other entities outside the Department of Defense pursuant to a 

public-private partnership. 

‘‘(2) The funds referred to in paragraph (1) are funds available 

to the military departments and Defense Agencies for depot-level 

maintenance and repair workloads for fiscal years 2002 through 

2005. 

‘‘(3) All funds covered by paragraph (1) shall be included as 

a separate item in the reports required under paragraphs (1), 

(2), and (3) of section 2466(e) of this title.’’. 

SEC. 343. PROTECTIONS FOR PURCHASERS OF ARTICLES AND SERVICES MANUFACTURED OR PERFORMED BY WORKING-CAPITAL FUNDED INDUSTRIAL FACILITIES OF THE DEPARTMENT OF DEFENSE. 

(a) GENERAL RULE.—Section 2563(c) of title 10, United States 

Code, is amended— 

(1) in paragraph (1)(B), by striking ‘‘in any case of willful 

misconduct or gross negligence’’ and inserting ‘‘as provided 

in paragraph (3)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) Paragraph (1)(B) does not apply in any case of willful 

misconduct or gross negligence or in the case of a claim by a 

purchaser of articles or services under this section that damages 

or injury arose from the failure of the Government to comply with 

quality, schedule, or cost performance requirements in the contract 

to provide the articles or services.’’. 

(b) CONFORMING AMENDMENT.—Section 2474(e)(2)(B)(i) of such 

title is amended by striking ‘‘in a case of willful conduct or gross 

negligence’’ and inserting ‘‘under the circumstances described in 

section 2563(c)(3) of this title’’. 

SEC. 344. REVISION OF DEADLINE FOR ANNUAL REPORT ON COMMERCIAL AND INDUSTRIAL ACTIVITIES. 

Section 2461(g) of title 10, United States Code, is amended 

by striking ‘‘February 1’’ and inserting ‘‘June 30’’. 

SEC. 345. PILOT MANPOWER REPORTING SYSTEM IN DEPARTMENT OF 10 USC 2461 

THE ARMY. note. 

(a) ANNUAL REPORTING REQUIREMENT.—Not later than March Deadline. 

1 of each of the fiscal years 2002 through 2004, the Secretary 

of the Army shall submit to Congress a report describing the use 

during the previous fiscal year of non-Federal entities to provide 

services to the Department of the Army. 

(b) CONTENT OF REPORT.—Using information available from 

existing data collection and reporting systems available to the 

Department of the Army and the non-Federal entities referred 

to in subsection (a), the report shall— 

115 STAT. 1062 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

Termination 

date. 

Certification. 

Deadline. 

(1) specify the number of work year equivalents performed 

by individuals employed by non-Federal entities in providing 

services to the Department; 

(2) categorize the information by Federal supply class or 

service code; and 

(3) indicate the appropriation from which the services were 

funded and the major organizational element of the Department 

procuring the services. 

(c) LIMITATION ON REQUIREMENT FOR NON-FEDERAL ENTITIES 

TO PROVIDE INFORMATION.—For the purposes of meeting the 

requirements set forth in subsection (b), the Secretary of the Army 

may not require the provision of information beyond the information 

that is currently provided to the Department of the Army by the 

non-Federal entities referred to in subsection (a), except for the 

number of work year equivalents associated with Department of 

the Army contracts, identified by contract number, to the extent 

this information is available to the contractor from existing data 

collection systems. 

(d) REPEAL OF OBSOLETE REPORTING REQUIREMENT.—Section 

343 of the National Defense Authorization Act for Fiscal Year 

2000 (Public Law 106–65; 113 Stat. 569) is repealed. 

SEC. 346. DEVELOPMENT OF ARMY WORKLOAD AND PERFORMANCE 

SYSTEM AND WHOLESALE LOGISTICS MODERNIZATION 

PROGRAM. 

(a) RELATIONSHIP BETWEEN SYSTEMS.—(1) The Army Workload 

and Performance System, including all applications in the master 

plan submitted to Congress on June 8, 2001, and any revisions 

to the master plan, shall be developed in such a manner that 

its functionality and identity are in compliance with all statutory 

requirements. The Army Workload and Performance System shall 

continue as a standard Army-wide manpower system under the 

supervision and management of the Secretary of the Army. 

(2) The requirement in paragraph (1) is intended to encourage 

the sharing of data between the Army Workload and Performance 

System and the Wholesale Logistics Modernization Program and 

the development of the processes necessary to permit or enhance 

such data sharing. 

(b) ANNUAL PROGRESS REPORTS.—(1) Not later than February 

1 of each year, the Secretary of the Army shall submit to Congress 

a progress report on the implementation of the master plan for 

the Army Workload and Performance System during the preceding 

year. The report shall specifically address any changes made to 

the master plan since the previous report. 

(2) The reporting requirement shall terminate when the Secretary certifies to Congress that the Army Workload and Performance System is fully implemented. 

(c) GAO EVALUATION.—Not later than 60 days after the Secretary of the Army submits to Congress a progress report under 

subsection (b), the Comptroller General shall submit to Congress 

an evaluation of the report. 

(d) ARMY WORKLOAD AND PERFORMANCE SYSTEM DEFINED.— 

The term ‘‘Army Workload and Performance System’’ includes all 

applications in the master plan for the System submitted to Congress on June 8, 2001, and any revision of such master plan. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1063
 

Subtitle E—Defense Dependents Education 

SEC. 351. ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES 

AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES. 

(a) CONTINUATION OF DEPARTMENT OF DEFENSE PROGRAM FOR 

FISCAL YEAR 2002.—Of the amount authorized to be appropriated 

pursuant to section 301(a)(5) for operation and maintenance for 

Defense-wide activities— 

(1) $30,000,000 shall be available only for the purpose 

of providing educational agencies assistance to local educational 

agencies; and 

(2) $1,000,000 shall be available only for the purpose of 

making payments to local educational agencies to assist such 

agencies in adjusting to reductions in the number of military 

dependent students as a result of the closure or realignment 

of military installations, as provided in section 386(d) of the 

National Defense Authorization Act for Fiscal Year 1993 (Public 

Law 102–484; 20 U.S.C. 7703 note). 

(b) NOTIFICATION.—Not later than June 30, 2002, the Secretary 

of Defense shall notify each local educational agency that is eligible 

for assistance or a payment under subsection (a) for fiscal year 

2002 of— 

(1) that agency’s eligibility for the assistance or payment; 

and 

(2) the amount of the assistance or payment for which 

that agency is eligible. 

(c) DISBURSEMENT OF FUNDS.—The Secretary of Defense shall 

disburse funds made available under subsection (a) not later than 

30 days after the date on which notification to the eligible local 

educational agencies is provided pursuant to subsection (b). 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘educational agencies assistance’’ means 

assistance authorized under section 386(b) of the National 

Defense Authorization Act for Fiscal Year 1993 (Public Law 

102–484; 20 U.S.C. 7703 note). 

(2) The term ‘‘local educational agency’’ has the meaning 

given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 

SEC. 352. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 

Of the amount authorized to be appropriated pursuant to section 301(a)(5) for operation and maintenance for Defense-wide 

activities, $5,000,000 shall be available for payments under section 

363 of the Floyd D. Spence National Defense Authorization Act 

for Fiscal Year 2001 (as enacted into law by Public Law 106– 398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 

SEC. 353. AVAILABILITY OF AUXILIARY SERVICES OF DEFENSE 

DEPENDENTS’ EDUCATION SYSTEM FOR DEPENDENTS 

WHO ARE HOME SCHOOL STUDENTS. 

Section 1407 of the Defense Dependents’ Education Act of 1978 

(20 U.S.C. 926) is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection: 

Deadline. 

37 USC 429. 

115 STAT. 1064 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

‘‘(d) AUXILIARY SERVICES AVAILABLE TO HOME SCHOOL STUDENTS.—(1) A dependent who is educated in a home school setting, 

but who is eligible to enroll in a school of the defense dependents’ 

education system, shall be permitted to use or receive auxiliary 

services of that school without being required to either enroll in 

that school or register for a minimum number of courses offered 

by that school. The dependent may be required to satisfy other 

eligibility requirements and comply with standards of conduct 

applicable to students actually enrolled in that school who use 

or receive the same auxiliary services. 

‘‘(2) For purposes of paragraph (1), the term ‘auxiliary services’ 

includes use of academic resources, access to the library of the 

school, after hours use of school facilities, and participation in 

music, sports, and other extracurricular and interscholastic activities.’’. 

SEC. 354. COMPTROLLER GENERAL STUDY OF ADEQUACY OF COMPENSATION PROVIDED FOR TEACHERS IN THE DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS’ SCHOOLS. 

(a) GAO STUDY REQUIRED.—The Comptroller General shall 

carry out a study of the adequacy of the pay and other elements 

of the compensation provided for teachers in the defense dependents’ 

education system established under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.). 

(b) SPECIFIC CONSIDERATIONS.—In carrying out the study, the 

Comptroller General shall consider the following issues: 

(1) Whether the compensation is adequate for recruiting 

and retaining high quality teachers. 

(2) Whether any revision of the Defense Department Overseas Teachers Pay and Personnel Practices Act (20 U.S.C. 901 

et seq.) or the regulations under that Act is advisable to address 

any problems identified with respect to the recruitment and 

retention of high quality teachers or for other purposes. 

(c) REPORT.—Not later than May 1, 2002, the Comptroller General shall submit to Congress a report containing the results of 

the study, including— (1) the Comptroller General’s conclusions on the issues 

considered; and 

(2) any recommendations for actions that the Comptroller 

General considers appropriate. 

Subtitle F—Other Matters 

SEC. 361. AVAILABILITY OF EXCESS DEFENSE PERSONAL PROPERTY 

TO SUPPORT DEPARTMENT OF VETERANS AFFAIRS INITIATIVE TO ASSIST HOMELESS VETERANS. 

(a) TRANSFER AUTHORITY.—Subsection (a) of section 2557 of 

title 10, United States Code, is amended— 

(1) by striking ‘‘The Secretary’’ and inserting ‘‘(1) The Secretary’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary of Defense may make excess clothing, shoes, 

sleeping bags, and related nonlethal excess supplies available to 

the Secretary of Veterans Affairs for distribution to homeless veterans and programs assisting homeless veterans. The transfer of 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1065
 

nonlethal excess supplies to the Secretary of Veterans Affairs under 

this paragraph shall be without reimbursement.’’. (b) CLERICAL AMENDMENTS.—(1) The heading of such section 

is amended to read as follows: 

‘‘§ 2557. Excess nonlethal supplies: availability for homeless

veteran initiatives and humanitarian relief’’. 

(2) The table of sections at the beginning of chapter 152 of 

such title is amended by striking the item relating to section 2557 

and inserting the following new item: 

‘‘2557. Excess nonlethal supplies: availability for homeless veteran initiatives and 

humanitarian relief.’’. 

SEC. 362. INCREMENTAL IMPLEMENTATION OF NAVY-MARINE CORPS 

INTRANET CONTRACT. 

(a) ADDITIONAL PHASE-IN AUTHORITY.—Section 814 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398; 114 Stat. 1654A– 215) is amended— (1) by redesignating subsections (c), (d), (e), and (f) as 

subsections (f), (g), (h), and (i), respectively; and 

(2) by inserting after subsection (b) the following new subsections: 

‘‘(c) ADDITIONAL PHASE-IN AUTHORITY PENDING SECOND JOINT 

CERTIFICATION.—(1)(A) Notwithstanding subsection (b)(3), the Secretary of the Navy may order additional work stations under the 

Navy-Marine Corps Intranet contract in excess of the number provided in the first increment of the contract under subsection (b)(2), 

but not to exceed an additional 100,000 work stations. The authority 

of the Secretary of the Navy to order additional work stations 

under this paragraph is subject to approval by both the Under 

Secretary of Defense for Acquisition, Technology, and Logistics and 

the Chief Information Officer of the Department of Defense. 

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the 

Department of Defense may not grant approval to the Secretary 

of the Navy to order additional work stations under subparagraph 

(A) until a three-phase customer test and evaluation, observed 

by the Department of Defense, is completed for a statistically significant representative sample of the work stations operating on the 

Navy-Marine Corps Intranet. The test and evaluation shall include 

end user testing of day-to-day operations (including e-mail capability 

and performance), scenario-driven events, and scenario-based interoperability testing. 

‘‘(2)(A) Notwithstanding subsection (b)(3), the Secretary of the 

Navy may order additional work stations under the Navy-Marine 

Corps Intranet contract in excess of the number provided in the 

first increment of the contract under subsection (b)(2) and the 

number ordered under the authority of paragraph (1), but not 

to exceed an additional 150,000 work stations. The authority of 

the Secretary of the Navy to order additional work stations under 

this paragraph is also subject to approval by both the Under Secretary of Defense for Acquisition, Technology, and Logistics and 

the Chief Information Officer of the Department of Defense. 

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics and the Chief Information Officer of the 

Department of Defense may not grant approval to the Secretary 

115 STAT. 1066 PUBLIC LAW 107–107—DEC. 28, 2001
 

of the Navy to order additional work stations under subparagraph 

(A) until each of the following occurs: 

‘‘(i) There has been a full transition of not less than 20,000 

work stations to the Navy-Marine Corps Intranet. 

‘‘(ii) The work stations referred to in clause (i) have met 

applicable service-level agreements specified in the NavyMarine Corps Intranet contract, as determined by contractor 

performance measurement under oversight by the Department 

of the Navy. 

‘‘(iii) The Chief Information Officer of the Navy certifies 

to the Secretary of the Navy and the Chief Information Officer 

of the Department of Defense that the results of the performance evaluation referred to in clause (ii) are acceptable. 

‘‘(3) Of the work stations ordered under the authority provided 

by paragraph (2), not more than 50 percent may reach the major 

milestone known as ‘assumption of responsibility’ until each of 

the following occurs: 

‘‘(A) All work stations for the headquarters of the Naval 

Air Systems Command have met applicable service-level agreements specified in the Navy-Marine Corps Intranet contract, 

as determined by contractor performance measurement under 

oversight by the Department of the Navy. 

‘‘(B) The Chief Information Officer of the Navy certifies 

to the Secretary of the Navy and the Chief Information Officer 

of the Department of Defense that the results of the performance evaluation referred to in subparagraph (B) are acceptable. 

‘‘(4) For the purposes of this section, when the information 

infrastructure and systems of a user of a work station are transferred into Navy-Marine Corps Intranet infrastructure and systems 

under the Navy-Marine Corps Intranet contract consistent with 

the applicable service-level agreements specified in the NavyMarine Corps Intranet contract, the work station shall be considered 

as having been provided for the Navy-Marine Corps Intranet. 

‘‘(d) REPORTING AND REVIEW REQUIREMENTS.—(1) If work stations are ordered using the authority provided by paragraph (1) 

or (2) of subsection (c), the Secretary of the Navy shall submit 

to Congress a report, current as of the date the determination 

is made to order the work stations, on the following: 

‘‘(A) The number of work stations operating on the NavyMarine Corps Intranet, including the number of work stations 

regarding which assumption of responsibility has occurred. 

‘‘(B) The status of testing and implementation of the NavyMarine Corps Intranet program. 

‘‘(C) The number of work stations to be ordered under 

paragraph (1) or (2) of subsection (c), whichever applies. 

‘‘(2) A report containing the information required by paragraph 

(1) shall also be submitted to Congress when the requirements 

of paragraph (3) of subsection (c) are satisfied and additional work 

stations under the Navy-Marine Corps Intranet contract are authorized to reach assumption of responsibility. 

‘‘(3) The Comptroller General shall conduct a review of the 

impact that participation in the Navy-Marine Corps Intranet program has on information technology costs of working capital funded 

industrial facilities of the Department of the Navy and submit 

the results of the review to Congress.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1067
 

(b) NAVY-MARINE CORPS INTRANET MANAGER.—Such section 

is further amended by inserting after subsection (d), as added 

by subsection (a)(2) of this section, the following new subsection: ‘‘(e) ASSIGNMENT OF NAVY-MARINE CORPS INTRANET MAN- AGER.—The Secretary of the Navy shall assign an employee of 

the Department of the Navy to the Navy-Marine Corps Intranet 

program whose sole responsibility will be to oversee and direct 

the program. The employee so assigned may not also be the program 

executive officer.’’. (c) DEFINITIONS.—Subsection (i) of such section, as redesignated 

by subsection (a)(1) of this section, is amended— (1) by striking ‘‘NAVY-MARINE CORPS INTRANET CONTRACT 

DEFINED.—’’ and inserting ‘‘DEFINITIONS.—(1)’’; and 

(2) by adding at the end the following new paragraph: ‘‘(2) In this section, the term ‘assumption of responsibility’, with respect to a work station, means the point at which 

the contractor team under the Navy-Marine Corps Intranet 

contract assumes operational control of, and responsibility for, 

the existing information infrastructure and systems of a work 

station, in order to prepare for ultimate transition of the work 

station to the Navy-Marine Corps Intranet.’’. 

SEC. 363. COMPTROLLER GENERAL STUDY AND REPORT OF 

NATIONAL GUARD DISTRIBUTIVE TRAINING TECHNOLOGY 

PROJECT. 

(a) STUDY REQUIRED.—The Comptroller General of the United 

States shall conduct a study of the Distributive Training Technology 

Project of the National Guard. The study shall examine— 

(1) current requirements of the National Guard for interconnection of networks of the Distributive Training Technology 

Project with other networks, including networks of the Federal 

Emergency Management Agency and other Federal, State, and 

local emergency preparedness and response agencies; and 

(2) future requirements of the National Guard for interconnection of networks of the Project with other networks, 

including those Federal and State agencies having disaster 

response functions. 

(b) ELEMENTS OF STUDY.—For both the current requirements 

identified under subsection (a)(1) and future requirements identified 

under subsection (a)(2), the study shall examine the following: 

(1) Appropriate connections between the Project and other 

networks. 

(2) Means of protecting the Project from outside intrusion. 

(3) Impediments to interconnectivity, including the extent 

to which national security concerns affect interconnectivity and 

the technological capability of the Department of Defense to 

impede interconnectivity, as well as other concerns or limitations that affect interconnectivity. 

(4) Means of improving interconnectivity. 

(c) REPORT.—Not later than 270 days after the date of the 

enactment of this Act, the Comptroller General shall submit to 

the Committee on Armed Services of the Senate and the Committee 

on Armed Services of the House of Representatives a report on 

the study conducted under subsection (a). The report shall describe 

the results of the study and shall include any recommendations 

that the Comptroller General considers appropriate in light of the 

study. 

Deadline. 

115 STAT. 1068 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 364. REAUTHORIZATION OF WARRANTY CLAIMS RECOVERY 

PILOT PROGRAM. 

(a) EXTENSION OF AUTHORITY.—Subsection (f) of section 391 

of the National Defense Authorization Act for Fiscal Year 1998 

(Public Law 105–85; 10 U.S.C. 2304 note) is amended by striking 

‘‘September 30, 2000’’ and inserting ‘‘September 30, 2003’’. 

10 USC 2304 (b) REPORTING REQUIREMENTS.—Subsection (g) of such section 

note. is amended— 

(1) in paragraph (1), by striking ‘‘January 1, 2001’’ and 

inserting ‘‘January 1, 2003’’; and 

(2) in paragraph (2), by striking ‘‘March 1, 2001’’ and 

inserting ‘‘March 1, 2003’’. 

SEC. 365. EVALUATION OF CURRENT DEMONSTRATION PROGRAMS TO 

IMPROVE QUALITY OF PERSONAL PROPERTY SHIPMENTS 

OF MEMBERS. 

Deadline. (a) COMPLETION OF EVALUATION; REPORT.—Not later than 

March 31, 2002, the Secretary of Defense shall complete the ongoing 

evaluation of all test programs regarding the transportation of 

household goods for members of the Armed Forces and submit 

to Congress a report containing the results of such evaluation. 

(b) CONTENTS OF REPORT.—The report shall include— 

(1) the results of each test program evaluated, including 

whether the test program satisfied the goals for the movement 

of such household goods (as contained in the General 

Accounting Report NSIAD 97–49) and whether current business 

processes and information technology capabilities require 

upgrading or other changes to improve the transportation of 

such household goods; and 

(2) recommendations for policy improvements for military 

household moves worldwide, including an estimate of the cost 

to implement each recommendation. 

SEC. 366. SENSE OF CONGRESS REGARDING SECURITY TO BE PROVIDED AT 2002 WINTER OLYMPIC GAMES. 

It is the sense of Congress that the Secretary of Defense, 

upon receipt of the certification of the Attorney General required 

by section 2564(a) of title 10, United States Code, should authorize 

the provision of assistance in support of essential security and 

safety at the 2002 Winter Olympic Games to be held in Salt Lake 

City, Utah, and other locations in the State of Utah. 

TITLE IV—MILITARY PERSONNEL 

AUTHORIZATIONS 

Subtitle A—Active Forces 

Sec. 401. End strengths for active forces.


Sec. 402. Revision in permanent end strength minimum levels.


Sec. 403. Increase in senior enlisted active duty grade limit for Navy, Marine
 

Corps, and Air Force. 

Subtitle B—Reserve Forces 

Sec. 411. End strengths for Selected Reserve.


Sec. 412. End strengths for Reserves on active duty in support of the reserves.


Sec. 413. End strengths for military technicians (dual status).


Sec. 414. Fiscal year 2002 limitation on non-dual status technicians.


Sec. 415. Limitations on numbers of reserve personnel serving on active duty or
 

full-time National Guard duty in certain grades for administration of reserve components. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1069
 

Subtitle C—Other Matters Relating to Personnel Strengths 

Sec. 421. Administration of end strengths.

Sec. 422. Active duty end strength exemption for National Guard and reserve personnel performing funeral honors functions. 

Subtitle D—Authorization of Appropriations 

Sec. 431. Authorization of appropriations for military personnel. 

Subtitle A—Active Forces 

SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 

The Armed Forces are authorized strengths for active duty 

personnel as of September 30, 2002, as follows: 

(1) The Army, 480,000. 

(2) The Navy, 376,000. 

(3) The Marine Corps, 172,600. 

(4) The Air Force, 358,800. 

SEC. 402. REVISION IN PERMANENT END STRENGTH MINIMUM 

LEVELS. 

Section 691(b) of title 10, United States Code, is amended— (1) in paragraph (2), by striking ‘‘372,000’’ and inserting ‘‘376,000’’; and 

(2) in paragraph (4), by striking ‘‘357,000’’ and inserting ‘‘358,800’’. 

SEC. 403. INCREASE IN SENIOR ENLISTED ACTIVE DUTY GRADE LIMIT 

FOR NAVY, MARINE CORPS, AND AIR FORCE. 

Section 517(a) of title 10, United States Code, is amended 

by striking ‘‘2 percent (or, in the case of the Army, 2.5 percent)’’ 

and inserting ‘‘2.5 percent’’. 

Subtitle B—Reserve Forces 

SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 

(a) IN GENERAL.—The Armed Forces are authorized strengths 

for Selected Reserve personnel of the reserve components as of 

September 30, 2002, as follows: 

(1) The Army National Guard of the United States, 350,000. 

(2) The Army Reserve, 205,000. 

(3) The Naval Reserve, 87,000. 

(4) The Marine Corps Reserve, 39,558. 

(5) The Air National Guard of the United States, 108,400. 

(6) The Air Force Reserve, 74,700. 

(7) The Coast Guard Reserve, 8,000. 

(b) ADJUSTMENTS.—The end strengths prescribed by subsection 

(a) for the Selected Reserve of any reserve component shall be 

proportionately reduced by— 

(1) the total authorized strength of units organized to serve 

as units of the Selected Reserve of such component which 

are on active duty (other than for training) at the end of 

the fiscal year; and 

(2) the total number of individual members not in units 

organized to serve as units of the Selected Reserve of such 

component who are on active duty (other than for training 

or for unsatisfactory participation in training) without their 

consent at the end of the fiscal year. 

10 USC 115 note. 

10 USC 12001 

note. 

115 STAT. 1070 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 12001 

note. 

10 USC 115 note. 

Whenever such units or such individual members are released 

from active duty during any fiscal year, the end strength prescribed 

for such fiscal year for the Selected Reserve of such reserve component shall be proportionately increased by the total authorized 

strengths of such units and by the total number of such individual 

members. 

SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF THE RESERVES. 

Within the end strengths prescribed in section 411(a), the 

reserve components of the Armed Forces are authorized, as of 

September 30, 2002, the following number of Reserves to be serving 

on full-time active duty or full-time duty, in the case of members 

of the National Guard, for the purpose of organizing, administering, 

recruiting, instructing, or training the reserve components: 

(1) The Army National Guard of the United States, 23,698. 

(2) The Army Reserve, 13,406. 

(3) The Naval Reserve, 14,811. 

(4) The Marine Corps Reserve, 2,261. 

(5) The Air National Guard of the United States, 11,591. 

(6) The Air Force Reserve, 1,437. 

SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 

STATUS). 

The minimum number of military technicians (dual status) 

as of the last day of fiscal year 2002 for the reserve components 

of the Army and the Air Force (notwithstanding section 129 of 

title 10, United States Code) shall be the following: 

(1) For the Army Reserve, 6,249. 

(2) For the Army National Guard of the United States, 

23,615. 

(3) For the Air Force Reserve, 9,818. 

(4) For the Air National Guard of the United States, 22,422. 

SEC. 414. FISCAL YEAR 2002 LIMITATION ON NON-DUAL STATUS 

TECHNICIANS. 

(a) LIMITATION.—The number of non-dual status technicians 

employed by the reserve components of the Army and the Air 

Force as of September 30, 2002, may not exceed the following: 

(1) For the Army Reserve, 1,095. 

(2) For the Army National Guard of the United States, 

1,600. 

(3) For the Air Force Reserve, 90. 

(4) For the Air National Guard of the United States, 350. 

(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 

the term ‘‘non-dual status technician’’ has the meaning given that 

term in section 10217(a) of title 10, United States Code. 

SEC. 415. LIMITATIONS ON NUMBERS OF RESERVE PERSONNEL 

SERVING ON ACTIVE DUTY OR FULL-TIME NATIONAL 

GUARD DUTY IN CERTAIN GRADES FOR ADMINISTRATION 

OF RESERVE COMPONENTS. 

(a) OFFICERS.—The text of section 12011 of title 10, United 

States Code, is amended to read as follows: 

‘‘(a) LIMITATIONS.—(1) Of the total number of members of a 

reserve component who are serving on full-time reserve component 

duty at the end of any fiscal year, the number of those members 

who may be serving in each of the grades of major, lieutenant 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1071
 

colonel, and colonel may not, as of the end of that fiscal year, 

exceed the number determined in accordance with the following 

table: 

‘‘Total number of members Number of officers of that reserve component who may be serving 

of a reserve component in the grade of: 

serving on full-time reserve component duty: Major Lieutenant Colonel Colonel 

Army Reserve:
 

10,000 ........................... 1,390 740 230
 

11,000 ........................... 1,529 803 242
 

12,000 ........................... 1,668 864 252
 

13,000 ........................... 1,804 924 262
 

14,000 ........................... 1,940 984 272
 

15,000 ........................... 2,075 1,044 282
 

16,000 ........................... 2,210 1,104 291
 

17,000 ........................... 2,345 1,164 300
 

18,000 ........................... 2,479 1,223 309
 

19,000 ........................... 2,613 1,282 318
 

20,000 ........................... 2,747 1,341 327
 

21,000 ........................... 2,877 1,400 336
 

Army National Guard:
 

20,000 ........................... 1,500 850 325
 

22,000 ........................... 1,650 930 350
 

24,000 ........................... 1,790 1,010 370
 

26,000 ........................... 1,930 1,085 385
 

28,000 ........................... 2,070 1,160 400
 

30,000 ........................... 2,200 1,235 405
 

32,000 ........................... 2,330 1,305 408
 

34,000 ........................... 2,450 1,375 411
 

36,000 ........................... 2,570 1,445 411
 

38,000 ........................... 2,670 1,515 411
 

40,000 ........................... 2,770 1,580 411
 

42,000 ........................... 2,837 1,644 411
 

Marine Corps Reserve:
 

1,100 ............................. 106 56 20
 

Air Force Reserve:
 

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
 

500 ................................ 83 85 50
 

1,000 ............................. 155 165 95
 

1,500 ............................. 220 240 135
 

2,000 ............................. 285 310 170
 

115 STAT. 1072 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘Total number of members Number of officers of that reserve component who may be serving 

of a reserve component in the grade of: 

serving on full-time reserve component duty: Major Lieutenant Colonel Colonel 

2,500 ............................. 350 369 203
 

3,000 ............................. 413 420 220
 

3,500 ............................. 473 464 230
 

4,000 ............................. 530 500 240
 

4,500 ............................. 585 529 247
 

5,000 ............................. 638 550 254
 

5,500 ............................. 688 565 261
 

6,000 ............................. 735 575 268
 

7,000 ............................. 770 595 280
 

8,000 ............................. 805 615 290
 

10,000 ........................... 835 635 300
 

Air National Guard:
 

5,000 ............................. 333 335 251
 

20,000 ........................... 1,283 1,148 380.
 

6,000 ............................. 403 394 260
 

7,000 ............................. 472 453 269
 

8,000 ............................. 539 512 278
 

9,000 ............................. 606 571 287
 

10,000 ........................... 673 630 296
 

11,000 ........................... 740 688 305
 

12,000 ........................... 807 742 314
 

13,000 ........................... 873 795 323
 

14,000 ........................... 939 848 332
 

15,000 ........................... 1,005 898 341
 

16,000 ........................... 1,067 948 350
 

17,000 ........................... 1,126 998 359
 

18,000 ........................... 1,185 1,048 368
 

19,000 ........................... 1,235 1,098 377
 

‘‘(2) Of the total number of members of the Naval Reserve 

who are serving on full-time reserve component duty at the end 

of any fiscal year, the number of those members who may be 

serving in each of the grades of lieutenant commander, commander, 

and captain may not, as of the end of that fiscal year, exceed 

the number determined in accordance with the following table: 

‘‘Total number of members Number of officers who may be serving in the grade of: 

of Naval Reserve serving 

on full-time reserve com- Lieutenant com- Commander Captain ponent duty: mander 

10,000 ........................... 807 447 141
 

11,000 ........................... 867 467 153
 

12,000 ........................... 924 485 163
 

13,000 ........................... 980 503 173
 

14,000 ........................... 1,035 521 183
 

15,000 ........................... 1,088 538 193
 

16,000 ........................... 1,142 555 203
 

17,000 ........................... 1,195 565 213
 

18,000 ........................... 1,246 575 223
 

19,000 ........................... 1,291 585 233
 

20,000 ........................... 1,334 595 242
 

21,000 ........................... 1,364 603 250
 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1073
 

‘‘Total number of members Number of officers who may be serving in the grade of: 

of Naval Reserve serving 

on full-time reserve com- Lieutenant com- Commander Captain ponent duty: mander 

22,000 ........................... 1,384 610 258
 

23,000 ........................... 1,400 615 265
 

24,000 ........................... 1,410 620 270.
 

‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the total number 

of members of a reserve component serving on full-time reserve 

component duty is between any two consecutive numbers in the 

first column of the appropriate table in paragraph (1) or (2) of 

subsection (a), the corresponding authorized strengths for each of 

the grades shown in that table for that component are determined 

by mathematical interpolation between the respective numbers of 

the two strengths. If the total number of members of a reserve 

component serving on full-time reserve component duty is more 

or less than the highest or lowest number, respectively, set forth 

in the first column of the appropriate table in paragraph (1) or 

(2) of subsection (a), the Secretary concerned shall fix the corresponding strengths for the grades shown in that table at the 

same proportion as is reflected in the nearest limit shown in the 

table. ‘‘(c) REALLOCATIONS TO LOWER GRADES.—Whenever the number 

of officers serving in any grade for duty described in subsection 

(a) is less than the number authorized for that grade under this 

section, the difference between the two numbers may be applied 

to increase the number authorized under this section for any lower 

grade. ‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining that it is 

in the national interest to do so, the Secretary of Defense may 

increase for a particular fiscal year the number of reserve officers 

that may be on full-time reserve component duty for a reserve 

component in a grade referred to in a table in subsection (a) by 

a number that does not exceed the number equal to 5 percent 

of the maximum number specified for the grade in that table. 

‘‘(2) Whenever the Secretary exercises the authority provided Notice. 

in paragraph (1), the Secretary shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives notice in writing of the 

adjustment made. 

‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED.—In this 

section, the term ‘full-time reserve component duty’ means the 

following duty: 

‘‘(1) Active duty described in sections 10211, 10302, 10303, 

10304, 10305, 12310, or 12402 of this title. 

‘‘(2) Full-time National Guard duty (other than for training) 

under section 502(f) of title 32. 

‘‘(3) Active duty described in section 708 of title 32.’’. 

(b) SENIOR ENLISTED MEMBERS.—The text of section 12012 

of title 10, United States Code, is amended to read as follows: 

‘‘(a) LIMITATIONS.—Of the total number of members of a reserve 

component who are serving on full-time reserve component duty 

at the end of any fiscal year, the number of those members in 

each of pay grades of E–8 and E–9 who may be serving on active 

duty under section 10211 or 12310, or on full-time National Guard 

duty under the authority of section 502(f) of title 32 (other than 

115 STAT. 1074 PUBLIC LAW 107–107—DEC. 28, 2001
 

for training) in connection with organizing, administering, 

recruiting, instructing, or training the reserve components or the 

National Guard may not, as of the end of that fiscal year, exceed 

the number determined in accordance with the following table: 

Number of members of that reserve compo­ ‘‘Total number of members of a reserve compo­ nent who may be serving in the grade of: nent serving on full-time reserve component
 

duty:
 E–8 E–9 

Army Reserve:
 

10,000 ............................................................ 1,052 154
 

11,000 ............................................................ 1,126 168
 

12,000 ............................................................ 1,195 180
 

13,000 ............................................................ 1,261 191
 

14,000 ............................................................ 1,327 202
 

15,000 ............................................................ 1,391 213
 

16,000 ............................................................ 1,455 224
 

17,000 ............................................................ 1,519 235
 

18,000 ............................................................ 1,583 246
 

19,000 ............................................................ 1,647 257
 

20,000 ............................................................ 1,711 268
 

21,000 ............................................................ 1,775 278
 

Army National Guard:
 

20,000 ............................................................ 1,650 550
 

22,000 ............................................................ 1,775 615
 

24,000 ............................................................ 1,900 645
 

26,000 ............................................................ 1,945 675
 

28,000 ............................................................ 1,945 705
 

30,000 ............................................................ 1,945 725
 

32,000 ............................................................ 1,945 730
 

34,000 ............................................................ 1,945 735
 

36,000 ............................................................ 1,945 738
 

38,000 ............................................................ 1,945 741
 

40,000 ............................................................ 1,945 743
 

42,000 ............................................................ 1,945 743
 

Naval Reserve:
 

10,000 ............................................................ 340 143
 

11,000 ............................................................ 364 156
 

12,000 ............................................................ 386 169
 

13,000 ............................................................ 407 182
 

14,000 ............................................................ 423 195
 

15,000 ............................................................ 435 208
 

16,000 ............................................................ 447 221
 

17,000 ............................................................ 459 234
 

18,000 ............................................................ 471 247
 

19,000 ............................................................ 483 260
 

20,000 ............................................................ 495 273
 

21,000 ............................................................ 507 286
 

22,000 ............................................................ 519 299
 

23,000 ............................................................ 531 312
 

24,000 ............................................................ 540 325
 

Marine Corps Reserve:
 

1,100 .............................................................. 50 11
 

1,200 .............................................................. 55 12
 

1,300 .............................................................. 60 13
 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1075
 

Number of members of that reserve compo­ ‘‘Total number of members of a reserve compo­ nent who may be serving in the grade of: nent serving on full-time reserve component
 

duty:
 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
 

20,000 ............................................................ 1,770 712.
 

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
 

‘‘(b) DETERMINATIONS BY INTERPOLATION.—If the total number 

of members of a reserve component serving on full-time reserve 

component duty is between any two consecutive numbers in the 

115 STAT. 1076 PUBLIC LAW 107–107—DEC. 28, 2001
 

first column of the table in subsection (a), the corresponding authorized strengths for each of the grades shown in that table for that 

component are determined by mathematical interpolation between 

the respective numbers of the two strengths. If the total number 

of members of a reserve component serving on full-time reserve 

component duty is more or less than the highest or lowest number, 

respectively, set forth in the first column of the table in subsection 

(a), the Secretary concerned shall fix the corresponding strengths 

for the grades shown in the table at the same proportion as is 

reflected in the nearest limit shown in the table. ‘‘(c) REALLOCATIONS TO LOWER GRADE.—Whenever the number 

of members serving in pay grade E–9 for duty described in subsection (a) is less than the number authorized for that grade under 

this section, the difference between the two numbers may be applied 

to increase the number authorized under this section for pay grade 

E–8. 

‘‘(d) SECRETARIAL WAIVER.—(1) Upon determining that it is 

in the national interest to do so, the Secretary of Defense may 

increase for a particular fiscal year the number of reserve enlisted 

members that may be on active duty or full-time National Guard 

duty as described in subsection (a) for a reserve component in 

a pay grade referred to in a table in subsection (a) by a number 

that does not exceed the number equal to 5 percent of the maximum 

number specified for that grade and reserve component in the 

table. 

Notice. ‘‘(2) Whenever the Secretary exercises the authority provided 

in paragraph (1), the Secretary shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives notice in writing of the 

adjustment made. ‘‘(e) FULL-TIME RESERVE COMPONENT DUTY DEFINED.—In this 

section, the term ‘full-time reserve component duty’ has the meaning 

given the term in section 12011(e) of this title.’’. 

Subtitle C—Other Matters Relating to 

Personnel Strengths 

SEC. 421. ADMINISTRATION OF END STRENGTHS. 

(a) INCREASE IN PERCENTAGE BY WHICH ACTIVE COMPONENT 

END STRENGTHS MAY BE INCREASED.—Section 115(c)(1) of title 10, 

United States Code, is amended by striking ‘‘1 percent’’ and 

inserting ‘‘2 percent’’. (b) WAIVER OF END STRENGTHS DURING NATIONAL EMER- GENCY.—The text of section 123a of such title is amended to read 

as follows: ‘‘(a) DURING WAR OR NATIONAL EMERGENCY.—If at the end 

of any fiscal year there is in effect a war or national emergency, 

the President may waive any statutory end strength with respect 

to that fiscal year. Any such waiver may be issued only for a 

statutory end strength that is prescribed by law before the waiver 

is issued. 

‘‘(b) UPON TERMINATION OF WAR OR NATIONAL EMERGENCY.— 

Upon the termination of a war or national emergency with respect 

to which the President has exercised the authority provided by 

subsection (a), the President may defer the effectiveness of any 

statutory end strength with respect to the fiscal year during which 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1077
 

the termination occurs. Any such deferral may not extend beyond 

the last day of the sixth month beginning after the date of such 

termination. ‘‘(c) STATUTORY END STRENGTH.—In this section, the term ‘statutory end strength’ means any end-strength limitation with 

respect to a fiscal year that is prescribed by law for any military 

or civilian component of the armed forces or of the Department 

of Defense.’’. 

SEC. 422. ACTIVE DUTY END STRENGTH EXEMPTION FOR NATIONAL 

GUARD AND RESERVE PERSONNEL PERFORMING 

FUNERAL HONORS FUNCTIONS. 

Section 115(d) of title 10, United States Code, is amended 

by adding at the end the following new paragraphs: 

‘‘(10) Members of reserve components on active duty to 

prepare for and to perform funeral honors functions for funerals 

of veterans in accordance with section 1491 of this title. 

‘‘(11) Members on full-time National Guard duty to prepare 

for and perform funeral honors functions for funerals of veterans in accordance with section 1491 of this title.’’. 

Subtitle D—Authorization of
 

Appropriations
 

SEC. 431. AUTHORIZATION OF APPROPRIATIONS FOR MILITARY PERSONNEL. 

There is hereby authorized to be appropriated to the Department of Defense for military personnel for fiscal year 2002 a total 

of $82,307,281,000. The authorization in the preceding sentence 

supersedes any other authorization of appropriations (definite or 

indefinite) for such purpose for fiscal year 2002. 

TITLE V—MILITARY PERSONNEL
 

POLICY
 

Subtitle A—Officer Personnel Policy 

Sec. 501. Enhanced flexibility for management of senior general and flag officer positions. 

Sec. 502. Certifications of satisfactory performance for retirement of officers in 

grades above major general and rear admiral. Sec. 503. Review of actions of selection boards. 

Sec. 504. Temporary reduction of time-in-grade requirement for eligibility for promotion for certain active-duty list officers in grades of first lieutenant 

and lieutenant (junior grade). Sec. 505. Authority for promotion without selection board consideration for all fully 

qualified officers in grade of first lieutenant or lieutenant (junior grade) 

in the Navy. Sec. 506. Authority to adjust date of rank of certain promotions delayed by reason 

of unusual circumstances. 

Sec. 507. Authority for limited extension of medical deferment of mandatory retirement or separation. Sec. 508. Authority for limited extension on active duty of members subject to mandatory retirement or separation. Sec. 509. Exemption from certain administrative limitations for retired officers ordered to active duty as defense or service attache ́s. Sec. 510. Officer in charge of United States Navy Band. 

Subtitle B—Reserve Component Personnel Policy 

Sec. 511. Placement on active-duty list of certain Reserve officers on active duty for 

a period of three years or less. 

115 STAT. 1078 PUBLIC LAW 107–107—DEC. 28, 2001
 

Sec. 512. Exception to baccalaureate degree requirement for appointment of Reserve officers to grades above first lieutenant. 

Sec. 513. Improved disability benefits for certain reserve component members. 

Sec. 514. Time-in-grade requirement for reserve component officers retired with a 

nonservice-connected disability. 

Sec. 515. Equal treatment of Reserves and full-time active duty members for purposes of managing personnel deployments. 

Sec. 516. Modification of physical examination requirements for members of the Individual Ready Reserve. 

Sec. 517. Retirement of Reserve members without requirement for formal application or request. 

Sec. 518. Space-required travel by Reserves on military aircraft. 

Sec. 519. Payment of Federal Employee Health Benefit Program premiums for certain Reservists called to active duty in support of contingency operations. 

Subtitle C—Joint Specialty Officers and Joint Professional Military
 

Education
 

Sec. 521. Nominations and promotions for joint specialty officers. 

Sec. 522. Joint duty credit. 

Sec. 523. Retroactive joint service credit for duty in certain joint task forces. 

Sec. 524. Revision to annual report on joint officer management. 

Sec. 525. Requirement for selection for joint specialty before promotion to general 

or flag officer grade. 

Sec. 526. Independent study of joint officer management and joint professional military education reforms. 

Sec. 527. Professional development education. 

Sec. 528. Authority for National Defense University to enroll certain private sector 

civilians. 

Sec. 529. Continuation of reserve component professional military education test. 

Subtitle D—Military Education and Training 

Sec. 531. Defense Language Institute Foreign Language Center. 

Sec. 532. Authority for the Marine Corps University to award degree of master of 

strategic studies. 

Sec. 533. Foreign students attending the service academies. 

Sec. 534. Increase in maximum age for appointment as a cadet or midshipman in 

Senior Reserve Officers’ Training Corps scholarship programs. 

Sec. 535. Participation of regular enlisted members of the Armed Forces in Senior 

Reserve Officers’ Training Corps program. 

Sec. 536. Authority to modify the service obligation of certain ROTC cadets in military junior colleges receiving financial assistance. 

Sec. 537. Repeal of limitation on number of Junior Reserve Officers’ Training Corps 

units. 

Sec. 538. Modification of nurse officer candidate accession program restriction on 

students attending educational institutions with senior reserve officers’ 

training programs. 

Sec. 539. Reserve health professionals stipend program expansion. 

Sec. 540. Housing allowance for the chaplain for the Corps of Cadets at the United 

States Military Academy. 

Subtitle E—Recruiting and Accession Programs 

Sec. 541. 18-month enlistment pilot program. 

Sec. 542. Improved benefits under the Army College First program. 

Sec. 543. Correction and extension of certain Army recruiting pilot program authorities. 

Sec. 544. Military recruiter access to secondary school students. 

Sec. 545. Permanent authority for use of military recruiting funds for certain expenses at Department of Defense recruiting functions. 

Sec. 546. Report on health and disability benefits for pre-accession training and 

education programs. 

Subtitle F—Decorations, Awards, and Posthumous Commissions 

Sec. 551. Authority for award of the Medal of Honor to Humbert R. Versace, Jon 

E. Swanson, and Ben L. Salomon for valor. 

Sec. 552. Review regarding award of Medal of Honor to certain Jewish American 

and Hispanic American war veterans. 

Sec. 553. Authority to issue duplicate Medals of Honor and to replace stolen military decorations. 

Sec. 554. Retroactive Medal of Honor special pension. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1079
 

Sec. 555. Waiver of time limitations for award of certain decorations to certain persons. 

Sec. 556. Sense of Congress on issuance of certain medals. 

Sec. 557. Sense of Congress on development of a more comprehensive, uniform policy for the award of decorations to military and civilian personnel of the 

Department of Defense. 

Sec. 558. Posthumous Army commission in the grade of captain in the Chaplains 

Corps to Ella E. Gibson for service as chaplain of the First Wisconsin 

Heavy Artillery Regiment during the Civil War. 

Subtitle G—Funeral Honors Duty 

Sec. 561. Participation of military retirees in funeral honors details. 

Sec. 562. Funeral honors duty performed by Reserve and Guard members to be 

treated as inactive-duty training for certain purposes. 

Sec. 563. Use of military leave for funeral honors duty by Reserve members and 

National Guardsmen. 

Sec. 564. Authority to provide appropriate articles of clothing as a civilian uniform 

for civilians participating in funeral honor details. 

Subtitle H—Military Spouses and Family Members 

Sec. 571. Improved financial and other assistance to military spouses for job training and education. 

Sec. 572. Persons authorized to be included in surveys of military families regarding Federal programs. 

Sec. 573. Clarification of treatment of classified information concerning persons in 

a missing status. 

Sec. 574. Transportation to annual meeting of next-of-kin of persons unaccounted 

for from conflicts after World War II. 

Sec. 575. Amendments to charter of Defense Task Force on Domestic Violence. 

Subtitle I—Military Justice and Legal Assistance Matters 

Sec. 581. Blood alcohol content limit for the offense under the Uniform Code of 

Military Justice of drunken operation of a vehicle, aircraft, or vessel. 

Sec. 582. Requirement that courts-martial consist of not less than 12 members in 

capital cases. 

Sec. 583. Acceptance of voluntary legal assistance for the civil affairs of members 

and former members of the uniformed services and their dependents. 

Subtitle J—Other Matters 

Sec. 591. Congressional review period for change in ground combat exclusion policy. 

Sec. 592. Per diem allowance for lengthy or numerous deployments. 

Sec. 593. Clarification of disability severance pay computation. 

Sec. 594. Transportation or storage of privately owned vehicles on change of permanent station. 

Sec. 595. Repeal of requirement for final Comptroller General report relating to 

Army end strength allocations. 

Sec. 596. Continued Department of Defense administration of National Guard 

Challenge program and Department of Defense Starbase program. 

Sec. 597. Report on Defense Science Board recommendation on original appointments in regular grades for Academy graduates and certain other new 

officers. 

Sec. 598. Sense of Congress regarding the selection of officers for recommendation 

for appointment as Commander, United States Transportation Command. 

Subtitle A—Officer Personnel Policy 

SEC. 501. ENHANCED FLEXIBILITY FOR MANAGEMENT OF SENIOR 

GENERAL AND FLAG OFFICER POSITIONS. 

(a) REPEAL OF LIMIT ON NUMBER OF OFFICERS ON ACTIVE 

DUTY IN GRADES OF GENERAL AND ADMIRAL.—Section 528 of title 

10, United States Code, is repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 32 of such title is amended by striking the item 

relating to section 528. 

115 STAT. 1080 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 502. CERTIFICATIONS OF SATISFACTORY PERFORMANCE FOR 

RETIREMENT OF OFFICERS IN GRADES ABOVE MAJOR 

GENERAL AND REAR ADMIRAL. 

Section 1370(c) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3)(A) The Secretary of Defense may delegate authority to 

make a certification with respect to an officer under paragraph 

(1) only to the Under Secretary of Defense for Personnel and Readiness or the Deputy Under Secretary of Defense for Personnel and 

Readiness. 

‘‘(B) If authority is delegated under subparagraph (A) and, 

in the course of consideration of an officer for a certification under 

paragraph (1), the Under Secretary or (if such authority is delegated 

to both the Under and Deputy Under Secretary) the Deputy Under 

Secretary makes a determination described in subparagraph (C) 

with respect to that officer, the Under Secretary or Deputy Under 

Secretary, as the case may be, may not exercise the delegated 

authority in that case, but shall refer the matter to the Secretary 

of Defense, who shall personally determine whether to issue a 

certification under paragraph (1) with respect to that officer. 

‘‘(C) A determination referred to in subparagraph (B) is a 

determination that there is potentially adverse information concerning an officer and that such information has not previously 

been submitted to the Senate in connection with the consideration 

by the Senate of a nomination of that officer for an appointment 

for which the advice and consent of the Senate is required.’’. 

SEC. 503. REVIEW OF ACTIONS OF SELECTION BOARDS. 

(a) IN GENERAL.—(1) Chapter 79 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 1558. Review of actions of selection boards: correction of 

military records by special boards; judicial review 

‘‘(a) CORRECTION OF MILITARY RECORDS.—The Secretary of a 

military department may correct a person’s military records in 

accordance with a recommendation made by a special board. Any 

such correction may be made effective as of the effective date 

of the action taken on a report of a previous selection board that 

resulted in the action corrected in the person’s military records. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) SPECIAL BOARD.—(A) The term ‘special board’ means 

a board that the Secretary of a military department convenes 

under any authority to consider whether to recommend a person 

for appointment, enlistment, reenlistment, assignment, promotion, retention, separation, retirement, or transfer to inactive 

status in a reserve component instead of referring the records 

of that person for consideration by a previously convened selection board which considered or should have considered that 

person. 

‘‘(B) Such term includes a board for the correction of military records convened under section 1552 of this title, if designated as a special board by the Secretary concerned. 

‘‘(C) Such term does not include a promotion special selection board convened under section 628 or 14502 of this title. 

‘‘(2) SELECTION BOARD.—(A) The term ‘selection board’ 

means a selection board convened under section 573(c), 580, 

580a, 581, 611(b), 637, 638, 638a, 14101(b), 14701, 14704, or 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1081
 

14705 of this title, and any other board convened by the Secretary of a military department under any authority to recommend persons for appointment, enlistment, reenlistment, 

assignment, promotion, or retention in the armed forces or 

for separation, retirement, or transfer to inactive status in 

a reserve component for the purpose of reducing the number 

of persons serving in the armed forces. 

‘‘(B) Such term does not include any of the following: 

‘‘(i) A promotion board convened under section 573(a), 

611(a), or 14101(a) of this title. 

‘‘(ii) A special board. 

‘‘(iii) A special selection board convened under section 

628 of this title. 

‘‘(iv) A board for the correction of military records 

convened under section 1552 of this title. 

‘‘(3) INVOLUNTARILY BOARD-SEPARATED.—The term ‘involuntarily board-separated’ means separated or retired from an 

armed force, or transferred to the Retired Reserve or to inactive 

status in a reserve component, as a result of a recommendation 

of a selection board. 

‘‘(c) RELIEF ASSOCIATED WITH CORRECTION OF CERTAIN 

ACTIONS.—(1) The Secretary of the military department concerned 

shall ensure that an involuntarily board-separated person receives 

relief under paragraph (2) or under paragraph (3) if the person, 

as a result of a correction of the person’s military records under 

subsection (a), becomes entitled to retention on or restoration to 

active duty or to active status in a reserve component. 

‘‘(2)(A) A person referred to in paragraph (1) shall, with that 

person’s consent, be restored to the same status, rights, and entitlements (less appropriate offsets against back pay and allowances) 

in that person’s armed force as the person would have had if 

the person had not been selected to be involuntarily board-separated 

as a result of an action the record of which is corrected under 

subsection (a). An action under this subparagraph is subject to 

subparagraph (B). 

‘‘(B) Nothing in subparagraph (A) may be construed to permit 

a person to be on active duty or in an active status in a reserve 

component after the date on which the person would have been 

separated, retired, or transferred to the Retired Reserve or to inactive status in a reserve component if the person had not been 

selected to be involuntarily board-separated in an action of a selection board the record of which is corrected under subsection (a). 

‘‘(3) If an involuntarily board-separated person referred to in 

paragraph (1) does not consent to a restoration of status, rights, 

and entitlements under paragraph (2), the Secretary concerned 

shall pay that person back pay and allowances (less appropriate 

offsets), and shall provide that person service credit, for the period— 

‘‘(A) beginning on the date of the person’s separation, retirement, or transfer to the Retired Reserve or to inactive status 

in a reserve component, as the case may be; and 

‘‘(B) ending on the earlier of— 

‘‘(i) the date on which the person would have been 

so restored under paragraph (2), as determined by the 

Secretary concerned; or 

‘‘(ii) the date on which the person would otherwise 

have been separated, retired, or transferred to the Retired 

115 STAT. 1082 PUBLIC LAW 107–107—DEC. 28, 2001
 

Reserve or to inactive status in a reserve component, as 

the case may be. ‘‘(d) FINALITY OF UNFAVORABLE ACTION.—If a special board 

makes a recommendation not to correct the military records of 

a person regarding action taken in the case of that person on 

the basis of a previous report of a selection board, the action 

previously taken on that report shall be considered as final as 

of the date of the action taken on that report. ‘‘(e) REGULATIONS.—(1) The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (f), other 

than to paragraph (4)(C) of that subsection. ‘‘(2) The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special 

board may be provided for under this section, including the following: ‘‘(A) The circumstances under which consideration of a 

person’s case by a special board is contingent upon application 

by or for that person. ‘‘(B) Any time limits applicable to the filing of an application for such consideration. 

‘‘(3) Regulations prescribed by the Secretary of a military 

department under this subsection may not take effect until approved 

by the Secretary of Defense. ‘‘(f) JUDICIAL REVIEW.—(1) A person seeking to challenge an 

action or recommendation of a selection board, or an action taken 

by the Secretary of the military department concerned on the report 

of a selection board, is not entitled to relief in any judicial proceeding unless the action or recommendation has first been considered by a special board under this section or the Secretary concerned 

has denied the convening of such a board for such consideration. 

‘‘(2)(A) A court of the United States may review a determination 

by the Secretary of a military department not to convene a special 

board in the case of any person. In any such case, the court 

may set aside the Secretary’s determination only if the court finds 

the determination to be— 

‘‘(i) arbitrary or capricious; 

‘‘(ii) not based on substantial evidence; 

‘‘(iii) a result of material error of fact or material administrative error; or 

‘‘(iv) otherwise contrary to law. 

‘‘(B) If a court sets aside a determination by the Secretary 

of a military department not to convene a special board, it shall 

remand the case to the Secretary concerned, who shall provide 

for consideration by a special board. 

‘‘(3) A court of the United States may review a recommendation 

of a special board or an action of the Secretary of the military 

department concerned on the report of a special board. In any 

such case, a court may set aside the action only if the court finds 

that the recommendation or action was— 

‘‘(A) arbitrary or capricious; 

‘‘(B) not based on substantial evidence; 

‘‘(C) a result of material error of fact or material administrative error; or 

‘‘(D) otherwise contrary to law. 

‘‘(4)(A) If, six months after receiving a complete application 

for consideration by a special board in any case, the Secretary 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1083
 

concerned has not convened a special board and has not denied 

consideration by a special board in that case, the Secretary shall 

be deemed for the purposes of this subsection to have denied consideration of the case by a special board. 

‘‘(B) If, six months after the convening of a special board in 

any case, the Secretary concerned has not taken final action on 

the report of the special board, the Secretary shall be deemed 

for the purposes of this subsection to have denied relief in such 

case. ‘‘(C) Under regulations prescribed under subsection (e), the 

Secretary of a military department may waive the applicability 

of subparagraph (A) or (B) in a case if the Secretary determines 

that a longer period for consideration of the case is warranted. 

Such a waiver may be for an additional period of not more than 

six months. The Secretary concerned may not delegate authority 

to make a determination under this subparagraph. 

‘‘(g) EXISTING JURISDICTION.—Nothing in this section limits— 

‘‘(1) the jurisdiction of any court of the United States under 

any provision of law to determine the validity of any law, 

regulation, or policy relating to selection boards; or 

‘‘(2) the authority of the Secretary of a military department 

to correct a military record under section 1552 of this title.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘1558. Review of actions of selection boards: correction of military records by special 

boards; judicial review.’’. 

(b) SPECIAL SELECTION BOARDS.—Section 628 of such title is 

amended— 

(1) by redesignating subsection (g) as subsection (k); and 

(2) by inserting after subsection (f) the following new subsections: 

‘‘(g) JUDICIAL REVIEW.—(1)(A) A court of the United States 

may review a determination by the Secretary of a military department under subsection (a)(1) or (b)(1) not to convene a special 

selection board in the case of any person. In any such case, the 

court may set aside the Secretary’s determination only if the court 

finds the determination to be— 

‘‘(i) arbitrary or capricious; 

‘‘(ii) not based on substantial evidence; 

‘‘(iii) a result of material error of fact or material administrative error; or 

‘‘(iv) otherwise contrary to law. 

‘‘(B) If a court sets aside a determination by the Secretary 

of a military department not to convene a special selection board 

under this section, it shall remand the case to the Secretary concerned, who shall provide for consideration by such a board. 

‘‘(2) A court of the United States may review the action of 

a special selection board convened under this section or an action 

of the Secretary of the military department concerned on the report 

of such a board. In any such case, a court may set aside the 

action only if the court finds that the action was— 

‘‘(A) arbitrary or capricious; 

‘‘(B) not based on substantial evidence; 

‘‘(C) a result of material error of fact or material administrative error; or
 

‘‘(D) otherwise contrary to law.
 

115 STAT. 1084 PUBLIC LAW 107–107—DEC. 28, 2001
 

Applicability. 

10 USC 628 note. 

‘‘(3)(A) If, six months after receiving a complete application 

for consideration by a special selection board under this section 

in any case, the Secretary concerned has not convened such a 

board and has not denied consideration by such a board in that 

case, the Secretary shall be deemed for the purposes of this subsection to have denied the consideration of the case by such a 

board. 

‘‘(B) If, six months after the convening of a special selection 

board under this section in any case, the Secretary concerned has 

not taken final action on the report of the board, the Secretary 

shall be deemed for the purposes of this subsection to have denied 

relief in such case. 

‘‘(C) Under regulations prescribed under subsection (j), the Secretary of a military department may waive the applicability of 

subparagraph (A) or (B) in a case if the Secretary determines 

that a longer period for consideration of the case is warranted. 

Such a waiver may be for an additional period of not more than 

six months. The Secretary concerned may not delegate authority 

to make a determination under this subparagraph. 

‘‘(h) LIMITATIONS OF OTHER JURISDICTION.—No official or court 

of the United States may, with respect to a claim based to any 

extent on the failure of a person to be selected for promotion 

by a promotion board— 

‘‘(1) consider the claim unless the person has first been 

referred by the Secretary concerned to a special selection board 

convened under this section and acted upon by that board 

and the report of the board has been approved by the President; 

or 

‘‘(2) except as provided in subsection (g), grant any relief 

on the claim unless the person has been selected for promotion 

by a special selection board convened under this section to 

consider the person for recommendation for promotion and the 

report of the board has been approved by the President. 

‘‘(i) EXISTING JURISDICTION.—Nothing in this section limits— 

‘‘(1) the jurisdiction of any court of the United States under 

any provision of law to determine the validity of any law, 

regulation, or policy relating to selection boards; or 

‘‘(2) the authority of the Secretary of a military department 

to correct a military record under section 1552 of this title. 

‘‘(j) REGULATIONS.—(1) The Secretary of each military department shall prescribe regulations to carry out this section. Regulations under this subsection may not apply to subsection (g), other 

than to paragraph (3)(C) of that subsection. 

‘‘(2) The Secretary may prescribe in the regulations under paragraph (1) the circumstances under which consideration by a special 

selection board may be provided for under this section, including 

the following: 

‘‘(A) The circumstances under which consideration of a 

person’s case by a special selection board is contingent upon 

application by or for that person. 

‘‘(B) Any time limits applicable to the filing of an application for such consideration. 

‘‘(3) Regulations prescribed by the Secretary of a military 

department under this subsection may not take effect until approved 

by the Secretary of Defense.’’. 

(c) EFFECTIVE DATE.—(1) Except as provided in paragraph (2), 

the amendments made by this section shall apply with respect 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1085
 

to any proceeding pending on or after the date of the enactment 

of this Act without regard to whether a challenge to an action 

of a selection board of any of the Armed Forces being considered 

in the proceeding was initiated before, on, or after that date. 

(2) The amendments made by this section shall not apply 

with respect to any action commenced in a court of the United 

States before the date of the enactment of this Act. 

SEC. 504. TEMPORARY REDUCTION OF TIME-IN-GRADE REQUIREMENT 

FOR ELIGIBILITY FOR PROMOTION FOR CERTAIN ACTIVEDUTY LIST OFFICERS IN GRADES OF FIRST LIEUTENANT 

AND LIEUTENANT (JUNIOR GRADE). 

(a) AUTHORITY.—Subsection (a)(1)(B) of section 619 of title 10, 

United States Code, is amended by inserting before the period 

at the end the following: ‘‘, except that the minimum period of 

service in effect under this subparagraph before October 1, 2005, 

shall be eighteen months’’. (b) STYLISTIC AMENDMENTS.—Such section is further amended 

as follows: 

(1) Subsection (a) is amended by striking ‘‘(a)(1)’’ and
 

inserting ‘‘(a) TIME-IN-GRADE REQUIREMENTS.—(1)’’.
 

(2) Subsection (b) is amended by striking ‘‘(b)(1)’’ and
 

inserting ‘‘(b) CONTINUED ELIGIBILITY FOR CONSIDERATION FOR
 

PROMOTION OF OFFICERS WHO HAVE PREVIOUSLY FAILED OF
 

SELECTION.—(1)’’.
 

(3) Subsection (c) is amended by striking ‘‘(c)(1)’’ and
 

inserting ‘‘(c) OFFICERS TO BE CONSIDERED BY PROMOTION
 

BOARDS.—(1)’’.
 

(4) Subsection (d) is amended by inserting ‘‘CERTAIN OFFICERS NOT TO BE CONSIDERED.—’’ after ‘‘(d)’’.
 

(c) TECHNICAL AMENDMENT.—Subsection (a)(4) of such section 

is amended by striking ‘‘clause (A)’’ and inserting ‘‘subparagraph 

(A)’’. 

SEC. 505. AUTHORITY FOR PROMOTION WITHOUT SELECTION BOARD 

CONSIDERATION FOR ALL FULLY QUALIFIED OFFICERS IN 

GRADE OF FIRST LIEUTENANT OR LIEUTENANT (JUNIOR 

GRADE) IN THE NAVY. 

(a) ACTIVE-DUTY LIST PROMOTIONS.—(1) Section 624(a) of title 

10, United States Code, is amended by adding at the end the 

following new paragraph: 

‘‘(3)(A) Except as provided in subsection (d), officers on the 

active-duty list in the grade of first lieutenant or, in the case 

of the Navy, lieutenant (junior grade) who are on an approved 

all-fully-qualified-officers list shall be promoted to the next higher 

grade in accordance with regulations prescribed by the Secretary 

concerned. 

‘‘(B) An all-fully-qualified-officers list shall be considered to President. 

be approved for purposes of subparagraph (A) when the list is 

approved by the President. When so approved, such a list shall 

be treated in the same manner as a promotion list under this 

chapter. 

‘‘(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualifiedofficers list only when the Secretary determines that all officers 

on the list are needed in the next higher grade to accomplish 

mission objectives. 

115 STAT. 1086 PUBLIC LAW 107–107—DEC. 28, 2001
 

Regulations. 

President. 

‘‘(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the active-duty list in a grade 

who the Secretary of the military department concerned 

determines— 

‘‘(i) are fully qualified for promotion to the next higher 

grade; and 

‘‘(ii) would be eligible for consideration for promotion to 

the next higher grade by a selection board convened under 

section 611(a) of this title upon the convening of such a board.’’. 

(2) Section 631 of such title is amended by adding at the 

end the following new subsection: 

‘‘(d) For the purposes of this chapter, an officer of the Army, 

Air Force, or Marine Corps who holds the grade of first lieutenant, 

and an officer of the Navy who holds the grade of lieutenant 

(junior grade), shall be treated as having failed of selection for 

promotion if the Secretary of the military department concerned 

determines that the officer would be eligible for consideration for 

promotion to the next higher grade by a selection board convened 

under section 611(a) of this title if such a board were convened 

but is not fully qualified for promotion when recommending for 

promotion under section 624(a)(3) of this title all fully qualified 

officers of the officer’s armed force in such grade who would be 

eligible for such consideration.’’. 

(3) Section 611 of such title is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘Under’’ and all that follows through 

‘‘require,’’ and inserting ‘‘Whenever the needs of the service 

require, the Secretary of the military department 

concerned’’; and 

(ii) by adding at the end the following new sentence: 

‘‘The preceding sentence does not require the convening 

of a selection board in the case of officers in the permanent 

grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when the Secretary concerned recommends for promotion to the next higher grade under 

section 624(a)(3) of this title all such officers whom the 

Secretary finds to be fully qualified for promotion.’’; 

(B) in subsection (b), by striking ‘‘Under’’ and all that 

follows through ‘‘require,’’ and inserting ‘‘Whenever the needs 

of the service require, the Secretary of the military department 

concerned’’; and 

(C) by adding at the end the following new subsection: 

‘‘(c) The convening of selection boards under subsections (a) 

and (b) shall be under regulations prescribed by the Secretary 

of Defense.’’. 

(b) RESERVE ACTIVE-STATUS LIST PROMOTIONS.—(1) Section 

14308(b) of title 10, United States Code, is amended by adding 

at the end the following new paragraph: 

‘‘(4)(A) Officers in the permanent grade of first lieutenant or, 

in the case of the Navy, lieutenant (junior grade) who are on 

an approved all-fully-qualified-officers list shall be promoted to 

the next higher grade in accordance with regulations prescribed 

by the Secretary concerned. Such promotions shall be in the manner 

specified in section 12203 of this title. 

‘‘(B) An all-fully-qualified-officers list shall be considered to 

be approved for purposes of subparagraph (A) when the list is 

approved by the President. When so approved, such a list shall 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1087
 

be treated in the same manner as a promotion list under this 

chapter and chapter 1403 of this title. ‘‘(C) The Secretary of a military department may make a recommendation to the President for approval of an all-fully-qualifiedofficers list only when the Secretary determines that all officers 

on the list are needed in the next higher grade to accomplish 

mission objectives. 

‘‘(D) For purposes of this paragraph, an all-fully-qualified-officers list is a list of all officers on the reserve active-status list 

in a grade who the Secretary of the military department concerned 

determines— 

‘‘(i) are fully qualified for promotion to the next higher 

grade; and 

‘‘(ii) would be eligible for consideration for promotion to 

the next higher grade by a selection board convened under 

section 14101(a) of this title upon the convening of such a 

board.’’. 

(2) Section 14504 of such title is amended by adding at the 

end the following new subsection: 

‘‘(c) OFFICERS IN GRADE OF FIRST LIEUTENANT OR LIEUTENANT 

(JUNIOR GRADE) FOUND NOT FULLY QUALIFIED FOR PROMOTION.— 

For the purposes of this chapter, an officer of the Army, Air Force, 

or Marine Corps on a reserve active-status list who holds the 

grade of first lieutenant, and an officer of the Navy on a reserve 

active-status list who holds the grade of lieutenant (junior grade), 

shall be treated as having failed of selection for promotion if the 

Secretary of the military department concerned determines that 

the officer would be eligible for consideration for promotion to 

the next higher grade by a selection board convened under section 

14101(a) of this title if such a board were convened but is not 

fully qualified for promotion when recommending for promotion 

under section 14308(b)(4) of this title all fully qualified officers 

of the officer’s armed force in such grade who would be eligible 

for such consideration.’’. 

(3) Section 14101(a) of such title is amended by adding at 

the end the following new paragraph: 

‘‘(3) Paragraph (1) does not require the convening of a selection 

board in the case of officers in the permanent grade of first lieutenant or, in the case of the Navy, lieutenant (junior grade) when 

the Secretary concerned recommends for promotion to the next 

higher grade under section 14308(b)(4) of this title all such officers 

whom the Secretary finds to be fully qualified for promotion.’’. 

(c) CONFORMING AMENDMENTS.—Title 10, United States Code, 

is amended as follows: 

(1)(A) Section 619(d) is amended by adding at the end 

the following new paragraph: 

‘‘(4) An officer in the grade of first lieutenant or, in the 

case of the Navy, lieutenant (junior grade) who is on an 

approved all-fully-qualified-officers list under section 624(a)(3) 

of this title.’’. 

(B) Section 14301(c) is amended by adding at the end 

the following new paragraph: 

‘‘(5) An officer in the grade of first lieutenant or, in the 

case of the Navy, lieutenant (junior grade) who is on an 

approved all-fully-qualified-officers list under section 

14308(b)(4) of this title.’’. 

(2)(A) Section 624(d) is amended— 

115 STAT. 1088
 PUBLIC LAW 107–107—DEC. 28, 2001 

(i) in the second sentence of paragraph (1), by inserting 

after ‘‘on the promotion list’’ the following: ‘‘(including an 

approved all-fully-qualified-officers list, if applicable)’’; and 

(ii) in the second sentence of paragraph (2), by inserting 

after ‘‘to such grade, the officer’’ the following: ‘‘shall be 

retained on the promotion list (including an approved allfully-qualified-officers list, if applicable) and’’. 

(B) Section 14311 is amended— 

(i) in subsection (a)(2), by inserting after ‘‘on the promotion list’’ the following: ‘‘(including an approved all-fullyqualified-officers list, if applicable)’’; and 

(ii) in subsection (b), by inserting in the second sentence after ‘‘on the promotion list’’ the following: ‘‘(including 

an approved all-fully-qualified-officers list, if applicable)’’. 

(3)(A) Section 628(a)(1) is amended by inserting after ‘‘not 

so considered,’’ the following: ‘‘or the name of a person that 

should have been placed on an all-fully-qualified-officers list 

under section 624(a)(3) of this title was not so placed,’’. 

(B) Section 14502(a)(1) is amended by inserting after 

‘‘because of administrative error,’’ the following: ‘‘or whose name 

was not placed on an all-fully-qualified-officers list under section 14308(b)(4) of this title because of administrative error,’’. 

(4) Section 1211(e) is amended by inserting after ‘‘a promotion list,’’ the following: ‘‘an approved all-fully-qualified-officers list,’’. 

(d) TECHNICAL AMENDMENTS TO STRIKE CERTAIN DOPMA REFERENCES TO REGULAR OFFICERS.—Chapter 36 of such title is 

amended as follows: 

(1) Section 624(c) is amended— 

(A) by inserting ‘‘, in the case of officers of the Army, 

Air Force, or Marine Corps,’’ after ‘‘captain’’; and 

(B) by inserting ‘‘, in the case of officers of the Navy,’’ 

after ‘‘or lieutenant’’ the second place it appears. 

(2) Section 630 is amended by striking ‘‘regular’’ both places 

it appears. 

(3) Sections 631(a) and 632(a) are each amended— 

(A) by striking ‘‘Regular Army, Regular Air Force, or 

Regular Marine Corps’’ and inserting ‘‘Army, Air Force, 

or Marine Corps on the active-duty list’’; 

(B) by striking ‘‘Regular Navy’’ and inserting ‘‘Navy 

on the active-duty list’’; and 

(C) by striking ‘‘regular’’ each place it appears. 

(4)(A) The heading of section 630 and the item relating 

to that section in the table of sections at the beginning of 

subchapter III are each amended by striking the third word. 

(B) The heading of section 631 and the item relating to 

that section in the table of sections at the beginning of subchapter III are each amended by striking the eighth word. 

(C) The heading of section 632 and the item relating to 

that section in the table of sections at the beginning of subchapter III are each amended by striking the eighth and twentyfirst words. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1089
 

SEC. 506. AUTHORITY TO ADJUST DATE OF RANK OF CERTAIN PROMOTIONS DELAYED BY REASON OF UNUSUAL CIRCUMSTANCES. 

(a) ACTIVE DUTY OFFICERS.—Subsection 741(d) of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(4)(A) The Secretary concerned may adjust the date of rank 

of an officer appointed under section 624(a) of this title to a higher 

grade that is not a general officer or flag officer grade if the 

appointment of that officer to that grade is delayed from the date 

on which (as determined by the Secretary) it would otherwise 

have been made by reason of unusual circumstances (as determined 

by the Secretary) that cause an unintended delay in— 

‘‘(i) the processing or approval of the report of the selection
 

board recommending the appointment of that officer to that
 

grade; or
 

‘‘(ii) the processing or approval of the promotion list established on the basis of that report.
 

‘‘(B) The adjusted date of rank applicable to the grade of an
 

officer under subparagraph (A) shall be consistent— 

‘‘(i) with the officer’s position on the promotion list for
 

that grade and competitive category when additional officers
 

in that grade and competitive category were needed; and
 

‘‘(ii) with compliance with the applicable authorized 

strengths for officers in that grade and competitive category. 

‘‘(C) The adjusted date of rank applicable to the grade of an Effective date. 

officer under subparagraph (A) shall be the effective date for— 

‘‘(i) the officer’s pay and allowances for that grade; and 

‘‘(ii) the officer’s position on the active-duty list. 

‘‘(D) When under subparagraph (A) the Secretary concerned Notification. 

adjusts the date of rank of an officer in a grade to which the 

officer was appointed by and with the advice and consent of the 

Senate and the adjustment is to a date before the date of the 

advice and consent of the Senate to that appointment, the Secretary 

shall promptly transmit to the Committee on Armed Services of 

the Senate a notification of that adjustment. Any such notification 

shall include the name of the officer and a discussion of the reasons 

for the adjustment of date of rank. 

‘‘(E) Any adjustment in date of rank under this paragraph Regulations. 

shall be made under regulations prescribed by the Secretary of Applicability. 

Defense, which shall apply uniformly among the Army, Navy, Air 

Force, and Marine Corps.’’. 

(b) RESERVE OFFICERS.—(1) Section 14308(c) of such title is 

amended— 

(A) by redesignating paragraph (2) as paragraph (3); and 

(B) by inserting after paragraph (1) the following new
 

paragraph (2):
 

‘‘(2) The date of rank of an officer appointed to a higher grade
 

under this section may be adjusted in the same manner as an 

adjustment may be made under section 741(d)(4) of this title in 

the date of rank of an officer appointed to a higher grade under 

section 624(a) of this title. In any use of the authority under 

the preceding sentence, subparagraph (C)(ii) of such section shall 

be applied by substituting ‘reserve active-status list’ for ‘activeduty list’.’’. 

115 STAT. 1090 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 741 note. 

(2) Paragraph (3) of such section, as redesignated by paragraph 

(1)(A), is amended by inserting ‘‘provided in paragraph (2) or as 

otherwise’’ after ‘‘Except as’’. (c) EFFECTIVE DATE.—(1) Paragraph (4) of section 741(d) of 

title 10, United States Code, as added by subsection (a), and paragraph (2) of section 14308(c) of such title, as added by subsection 

(b), shall apply with respect to any report of a selection board 

recommending officers for promotion to the next higher grade that 

is submitted to the Secretary of the military department concerned 

on or after the date of the enactment of this Act. 

(2) The Secretary of the military department concerned may 

apply the applicable paragraph referred to in paragraph (1) in 

the case of an appointment of an officer to a higher grade resulting 

from a report of a selection board submitted to the Secretary before 

the date of the enactment of this Act if the Secretary determines 

that such appointment would have been made on an earlier date 

that is on or after October 1, 2001, and was delayed under the 

circumstances specified in paragraph (4) of section 741(d) of title 

10, United States Code, as added by subsection (a). 

SEC. 507. AUTHORITY FOR LIMITED EXTENSION OF MEDICAL DEFERMENT OF MANDATORY RETIREMENT OR SEPARATION. 

The text of section 640 of title 10, United States Code, is 

amended to read as follows: ‘‘(a) If the Secretary of the military department concerned determines that the evaluation of the physical condition of an officer 

and determination of the officer’s entitlement to retirement or separation for physical disability require hospitalization or medical 

observation and that such hospitalization or medical observation 

cannot be completed with confidence in a manner consistent with 

the member’s well being before the date on which the officer would 

otherwise be required to retire or be separated under this title, 

the Secretary may defer the retirement or separation of the officer 

under this title. ‘‘(b) A deferral of retirement or separation under subsection 

(a) may not extend for more than 30 days after completion of 

the evaluation requiring hospitalization or medical observation.’’. 

SEC. 508. AUTHORITY FOR LIMITED EXTENSION ON ACTIVE DUTY OF 

MEMBERS SUBJECT TO MANDATORY RETIREMENT OR 

SEPARATION. 

(a) SECTION 12305 STOP-LOSS AUTHORITY.—Section 12305 of 

title 10, United States Code, is amended by adding at the end 

the following new subsection: ‘‘(c) Upon the termination of a suspension made under the 

authority of subsection (a) of a provision of law otherwise requiring 

the separation or retirement of officers on active duty because 

of age, length of service or length of service in grade, or failure 

of selection for promotion, the Secretary concerned shall extend 

by up to 90 days the otherwise required separation or retirement 

date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been 

before the date of the termination of the suspension or within 

90 days after the date of such termination.’’. 

(b) SECTION 123 STOP-LOSS AUTHORITY.—Section 123 of such 

title is amended by adding at the end the following new subsection: 

‘‘(d) Upon the termination of a suspension made under the 

authority of subsection (a) of a provision of law otherwise requiring 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1091
 

the separation or retirement of officers on active duty because 

of age, length of service or length of service in grade, or failure 

of selection for promotion, the Secretary concerned shall extend 

by up to 90 days the otherwise required separation or retirement 

date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been 

before the date of the termination of the suspension or within 

90 days after the date of such termination.’’. 

SEC. 509. EXEMPTION FROM CERTAIN ADMINISTRATIVE LIMITATIONS 

FOR RETIRED OFFICERS ORDERED TO ACTIVE DUTY AS 

DEFENSE OR SERVICE ATTACHE ́ S. 

(a) LIMITATION OF PERIOD OF RECALLED SERVICE.—Section 

688(e)(2) of title 10, United States Code, is amended by adding 

at the end the following new subparagraph: 

‘‘(D) An officer who is assigned to duty as a defense attache ́
 

or service attache ́ for the period of active duty to which
 

ordered.’’.
 

(b) LIMITATION ON NUMBER OF RECALLED OFFICERS ON ACTIVE 

DUTY.—Section 690(b)(2) of such title is amended by adding at 

the end the following new subparagraph: 

‘‘(E) An officer who is assigned to duty as a defense attache ́
 

or service attache ́ for the period of active duty to which
 

ordered.’’.
 

(c) APPLICABILITY.—The amendments made by subsections (a) 10 USC 688 note. 

and (b) shall apply with respect to officers serving on active duty 

as a defense attache ́ or service attache ́ on or after the date of 

the enactment of this Act. 

SEC. 510. OFFICER IN CHARGE OF UNITED STATES NAVY BAND. 

(a) DETAIL AND GRADE.—Section 6221 of title 10, United States 

Code, is amended to read as follows: 

‘‘§ 6221. United States Navy Band; officer in charge 

‘‘(a) There is a Navy band known as the United States Navy 

Band. 

‘‘(b)(1) An officer of the Navy designated for limited duty under 

section 5589 or 5596 of this title who is serving in a grade above 

lieutenant may be detailed by the Secretary of the Navy as Officer 

in Charge of the United States Navy Band. 

‘‘(2) While serving as Officer in Charge of the United States 

Navy Band, an officer shall hold the grade of captain if appointed 

to that grade by the President, by and with the advice and consent 

of the Senate. Such an appointment may be made notwithstanding 

section 5596(d) of this title.’’. 

(b) CLERICAL AMENDMENT.—The item relating to such section 

in the table of sections at the beginning of chapter 565 of such 

title is amended to read as follows: 

‘‘6221. United States Navy Band; officer in charge.’’. 

115 STAT. 1092 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 641 note. 

Applicability. 

10 USC 12205 

note. 

Subtitle B—Reserve Component Personnel 

Policy 

SEC. 511. PLACEMENT ON ACTIVE-DUTY LIST OF CERTAIN RESERVE 

OFFICERS ON ACTIVE DUTY FOR A PERIOD OF THREE 

YEARS OR LESS. 

(a) CLARIFICATION OF EXEMPTION.—Section 641(1)(D) of title 

10, United States Code, is amended to read as follows: ‘‘(D) on active duty under section 12301(d) of this title, 

other than as provided under subparagraph (C), if the 

call or order to active duty, under regulations prescribed 

by the Secretary concerned, specifies a period of three 

years or less and continued placement on the reserve activestatus list;’’. (b) RETROACTIVE APPLICATION.—(1) The Secretary of the military department concerned may provide that an officer who was 

excluded from the active-duty list under section 641(1)(D) of title 

10, United States Code, as amended by section 521 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398; 114 Stat. 1654A– 108), shall be considered to have been on the active-duty list during 

the period beginning on the date on which the officer was so 

excluded and ending on the date of the enactment of this Act. 

(2) The Secretary of the military department concerned may 

provide that a Reserve officer who was placed on the active-duty 

list on or after October 30, 1997, shall be placed on the reserve 

active-status list if the officer otherwise meets the conditions specified in section 641(1)(D) of title 10, United States Code, as amended 

by subsection (a). 

SEC. 512. EXCEPTION TO BACCALAUREATE DEGREE REQUIREMENT 

FOR APPOINTMENT OF RESERVE OFFICERS TO GRADES 

ABOVE FIRST LIEUTENANT. 

(a) REAUTHORIZATION OF WAIVER AUTHORITY FOR ARMY OCS 

GRADUATES AND INCLUSION OF CERTAIN MARINE OFFICERS.—Section 

12205 of title 10, United States Code, is amended by adding at 

the end the following new subsection: 

‘‘(d) WAIVER AUTHORITY FOR ARMY OCS GRADUATES AND CER­ TAIN MARINE CORPS OFFICERS.—(1) The Secretary of the Army 

may waive the applicability of subsection (a) to any officer whose 

original appointment in the Army as a Reserve officer is through 

the Army Officer Candidate School program. 

‘‘(2) The Secretary of the Navy may waive the applicability 

of subsection (a) to any officer whose original appointment in the 

Marine Corps as a Reserve officer is through the Marine Corps 

meritorious commissioning program. 

‘‘(3) Any such waiver shall be made on a case-by-case basis, 

considering the individual circumstances of the officer involved, 

and may continue in effect for no more than two years after the 

waiver is granted. The Secretary concerned may provide for such 

a waiver to be effective before the date of the waiver, as appropriate 

in an individual case.’’. 

(b) EFFECTIVE DATE.—Subsection (d) of section 12205 of title 

10, United States Code, as added by subsection (a), shall apply 

with respect to officers appointed before, on, or after the date 

of the enactment of this Act. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1093
 

SEC. 513. IMPROVED DISABILITY BENEFITS FOR CERTAIN RESERVE 

COMPONENT MEMBERS. 

(a) MEDICAL AND DENTAL CARE.—Sections 1074a(a)(3) and 

1076(a)(2)(C) of title 10, United States Code, are each amended 

by striking ‘‘, if the’’ and all that follows through ‘‘member’s residence’’. 

(b) ELIGIBILITY FOR DISABILITY RETIREMENT OR SEPARATION.— 

Sections 1204(2)(B)(iii) and 1206(2)(B)(iii) of title 10, United States 

Code, are each amended by striking ‘‘, if the’’ and all that follows 

through ‘‘member’s residence’’. 

(c) RECOVERY, CARE, AND DISPOSITION OF REMAINS.—Section 

1481(a)(2)(D) of title 10, United States Code, is amended by striking 

‘‘, if the site is outside reasonable commuting distance from the 

member’s residence’’. 

(d) ENTITLEMENT TO BASIC PAY.—Subsections (g)(1)(D) and 

(h)(1)(D) of section 204 of title 37, United States Code, are amended 

by striking ‘‘, if the site is outside reasonable commuting distance 

from the member’s residence’’. 

(e) COMPENSATION FOR INACTIVE-DUTY TRAINING.—Section 

206(a)(3)(C) of title 37, United States Code, is amended by striking 

‘‘, if the site is outside reasonable commuting distance from the 

member’s residence’’. 

SEC. 514. TIME-IN-GRADE REQUIREMENT FOR RESERVE COMPONENT 

OFFICERS RETIRED WITH A NONSERVICE CONNECTED DISABILITY. 

Section 1370(d)(3)(B) of title 10, United States Code, is amended 

to read as follows: 

‘‘(B) A person covered by subparagraph (A) who has completed 

at least six months of satisfactory service in grade may be credited 

with satisfactory service in the grade in which serving at the 

time of transfer or discharge, notwithstanding failure of the person 

to complete three years of service in that grade, if that person 

is transferred from an active status or discharged as a reserve 

commissioned officer— 

‘‘(i) solely due to the requirements of a nondiscretionary 

provision of law requiring that transfer or discharge due to 

the person’s age or years of service; or 

‘‘(ii) because the person no longer meets the qualifications 

for membership in the Ready Reserve solely because of a physical disability, as determined, at a minimum, by a medical 

evaluation board and at the time of such transfer or discharge 

such person (pursuant to section 12731b of this title or otherwise) meets the service requirements established by section 

12731(a) of this title for eligibility for retired pay under chapter 

1223 of this title, unless the disability is described in section 

12731b of this title.’’. 

SEC. 515. EQUAL TREATMENT OF RESERVES AND FULL-TIME ACTIVE 

DUTY MEMBERS FOR PURPOSES OF MANAGING PERSONNEL DEPLOYMENTS. 

(a) RESIDENCE OF RESERVES AT HOME STATION.—Paragraph 

(2) of section 991(b) of title 10, United States Code, is amended 

to read as follows: 

‘‘(2) In the case of a member of a reserve component who 

is performing active service pursuant to orders that do not establish 

a permanent change of station, the housing referred to in paragraph 

115 STAT. 1094 PUBLIC LAW 107–107—DEC. 28, 2001
 

Applicability. 

10 USC 991 note. 

(1) is any housing (which may include the member’s residence) 

that the member usually occupies for use during off-duty time 

when on garrison duty at the member’s permanent duty station 

or homeport, as the case may be.’’. (b) EFFECTIVE DATE.—The amendment made by this section 

shall apply with respect to duty performed on or after October 

1, 2001. 

SEC. 516. MODIFICATION OF PHYSICAL EXAMINATION REQUIREMENTS FOR MEMBERS OF THE INDIVIDUAL READY 

RESERVE. 

(a) IRR REQUIREMENT.—Section 10206 of title 10, United States 

Code, is amended— 

(1) in the matter in subsection (a) preceding paragraph 

(1), by striking ‘‘Ready Reserve’’ and inserting ‘‘Selected 

Reserve’’; 

(2) by designating the second sentence of subsection (a) 

as subsection (c); 

(3) by redesignating subsection (b) as subsection (d); and 

(4) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) A member of the Individual Ready Reserve or inactive 

National Guard shall be examined for physical fitness as necessary 

to determine the member’s physical fitness for— 

‘‘(1) military duty or promotion; 

‘‘(2) attendance at a school of the armed forces; or 

‘‘(3) other action related to career progression.’’. 

(b) TECHNICAL AMENDMENT.—Subsection (a)(1) of such section 

is amended by striking ‘‘his’’ and inserting ‘‘the member’s’’. 

SEC. 517. RETIREMENT OF RESERVE MEMBERS WITHOUT REQUIREMENT FOR FORMAL APPLICATION OR REQUEST. 

(a) RETIRED RESERVE.—Section 10154(2) of title 10, United 

States Code, is amended by striking ‘‘upon their request’’. 

(b) RETIREMENT FOR FAILURE OF SELECTION OF PROMOTION.— 

(1) Paragraph (2) of section 14513 of such title is amended by 

striking ‘‘, if the officer is qualified and applies for such transfer’’ 

and inserting ‘‘if the officer is qualified for such transfer and does 

not request (in accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve’’. 

(2)(A) The heading for such section is amended to read as 

follows: 

‘‘§ 14513. Failure of selection for promotion: transfer, retirement, or discharge’’. 

(B) The item relating to such section in the table of sections 

at the beginning of chapter 1407 of such title is amended to read 

as follows: 

‘‘14513. Failure of selection for promotion: transfer, retirement, or discharge.’’. 

(c) RETIREMENT FOR YEARS OF SERVICE OR AFTER SELECTION 

FOR EARLY REMOVAL.—Section 14514 of such title is amended— (1) in paragraph (1), by striking ‘‘, if the officer is qualified 

and applies for such transfer’’ and inserting ‘‘if the officer 

is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) 

not to be transferred to the Retired Reserve’’; and 

(2) by striking paragraph (2) and inserting the following: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1095
 

‘‘(2) be discharged from the officer’s reserve appointment 

if the officer is not qualified for transfer to the Retired Reserve 

or has requested (in accordance with regulations prescribed 

by the Secretary concerned) not to be so transferred.’’. 

(d) RETIREMENT FOR AGE.—Section 14515 of such title is 

amended— 

(1) in paragraph (1), by striking ‘‘, if the officer is qualified 

and applies for such transfer’’ and inserting ‘‘if the officer 

is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) 

not to be transferred to the Retired Reserve’’; and 

(2) by striking paragraph (2) and inserting the following: 

‘‘(2) be discharged from the officer’s reserve appointment 

if the officer is not qualified for transfer to the Retired Reserve 

or has requested (in accordance with regulations prescribed 

by the Secretary concerned) not to be so transferred.’’. 

(e) DISCHARGE OR RETIREMENT OF WARRANT OFFICERS FOR 

YEARS OF SERVICE OR AGE.—(1) Chapter 1207 of such title is 

amended by adding at the end the following new section: 

‘‘§ 12244. Warrant officers: discharge or retirement for years 

of service or for age 

‘‘Each reserve warrant officer of the Army, Navy, Air Force, 

or Marine Corps who is in an active status and has reached the 

maximum years of service or age prescribed by the Secretary concerned shall— 

‘‘(1) be transferred to the Retired Reserve if the warrant 

officer is qualified for such transfer and does not request (in 

accordance with regulations prescribed by the Secretary concerned) not to be transferred to the Retired Reserve; or ‘‘(2) be discharged if the warrant officer is not qualified 

for transfer to the Retired Reserve or has requested (in accordance with regulations prescribed by the Secretary concerned) 

not to be so transferred.’’. (2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘12244. Warrant officers: discharge or retirement for years of service or for age.’’. 

(f) DISCHARGE OR RETIREMENT OF ENLISTED MEMBERS FOR 

YEARS OF SERVICE OR AGE.—(1) Chapter 1203 of such title is 

amended by adding at the end the following new section: 

‘‘§ 12108. Enlisted members: discharge or retirement for

years of service or for age 

‘‘Each reserve enlisted member of the Army, Navy, Air Force, 

or Marine Corps who is in an active status and has reached the 

maximum years of service or age prescribed by the Secretary concerned shall— 

‘‘(1) be transferred to the Retired Reserve if the member 

is qualified for such transfer and does not request (in accordance with regulations prescribed by the Secretary concerned) 

not to be transferred to the Retired Reserve; or 

‘‘(2) be discharged if the member is not qualified for transfer 

to the Retired Reserve or has requested (in accordance with 

regulations prescribed by the Secretary concerned) not to be 

so transferred.’’. 

115 STAT. 1096 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 10154 

note. 

5 USC 8906 note. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘12108. Enlisted members: discharge or retirement for years of service or for age.’’. 

(g) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the first day of the first month that begins 

more than 180 days after the date of the enactment of this Act. 

SEC. 518. SPACE-REQUIRED TRAVEL BY RESERVES ON MILITARY AIRCRAFT. 

(a) CORRECTION OF IMPAIRMENT TO AUTHORIZED TRAVEL WITH 

ALLOWANCES.—Subsection (a) of section 18505 of title 10, United 

States Code, is amended by striking ‘‘annual training duty or’’ 

each place it appears. 

(b) CONFORMING AMENDMENTS.—The heading for such section, 

and the item relating to such section in the table of sections at 

the beginning of chapter 1805 of such title, are each amended 

by striking the fourth, fifth, sixth, and seventh words. 

SEC. 519. PAYMENT OF FEDERAL EMPLOYEE HEALTH BENEFIT PROGRAM PREMIUMS FOR CERTAIN RESERVISTS CALLED TO 

ACTIVE DUTY IN SUPPORT OF CONTINGENCY OPERATIONS. 

(a) IN GENERAL.—Subsection (e) of section 8906 of title 5, 

United States Code, is amended by adding at the end the following 

new paragraph: 

‘‘(3)(A) An employing agency may pay both the employee and 

Government contributions, and any additional administrative 

expenses otherwise chargeable to the employee, with respect to 

health care coverage for an employee described in subparagraph 

(B) and the family of such employee. 

‘‘(B) An employee referred to in subparagraph (A) is an 

employee who— 

‘‘(i) is enrolled in a health benefits plan under this chapter; 

‘‘(ii) is a member of a reserve component of the armed 

forces; 

‘‘(iii) is called or ordered to active duty in support of a 

contingency operation (as defined in section 101(a)(13) of title 

10); 

‘‘(iv) is placed on leave without pay or separated from 

service to perform active duty; and 

‘‘(v) serves on active duty for a period of more than 30 

consecutive days. 

‘‘(C) Notwithstanding the one-year limitation on coverage 

described in paragraph (1)(A), payment may be made under this 

paragraph for a period not to exceed 18 months.’’. 

(b) CONFORMING AMENDMENT.—The matter preceding paragraph (1) in subsection (f) of such section is amended to read 

as follows: 

‘‘(f) The Government contribution, and any additional payments 

under subsection (e)(3)(A), for health benefits for an employee shall 

be paid—’’. 

(c) APPLICABILITY.—The amendments made by this section 

apply with respect to employees called to active duty on or after 

December 8, 1995, and an agency may make retroactive payments 

to such employees for premiums paid on or after such date. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1097
 

Subtitle C—Joint Specialty Officers and
 

Joint Professional Military Education
 

SEC. 521. NOMINATIONS AND PROMOTIONS FOR JOINT SPECIALTY 

OFFICERS. 

(a) SELECTION OF OFFICERS FOR THE JOINT SPECIALITY.—Paragraph (2) of section 661(b) of title 10, United States Code, is 

amended by striking ‘‘The Secretaries’’ and all that follows through 

‘‘officers—’’ and inserting ‘‘Each officer on the active-duty list on 

the date of the enactment of the National Defense Authorization 

Act for Fiscal Year 2002 who has not before that date been nominated for the joint specialty by the Secretary of a military department, and each officer who is placed on the active-duty list after 

such date, who meets the requirements of subsection (c) shall automatically be considered to have been nominated for the joint specialty. From among those officers considered to be nominated for 

the joint specialty, the Secretary may select for the joint specialty 

only officers—’’. 

(b) PROMOTION RATE FOR OFFICERS WITH THE JOINT SPE­ CIALTY.—Paragraph (2) of section 662(a) of such title is amended 

by striking ‘‘promoted at a rate’’ and inserting ‘‘promoted— ‘‘(A) during the three-year period beginning on the 

date of the enactment of the National Defense Authorization Act for Fiscal Year 2002, at a rate not less than 

the rate for officers of the same armed force in the same 

grade and competitive category; and ‘‘(B) after the end of the period specified in subparagraph (A), at a rate’’. 

SEC. 522. JOINT DUTY CREDIT. 

Paragraph (4) of section 664(i) of title 10, United States Code, 

is amended— 

(1) in subparagraph (E), by striking ‘‘The’’ and inserting
 

‘‘Except as provided in subparagraph (F), the’’; and
 

(2) by adding at the end the following new subparagraph: 

‘‘(F) Service in a temporary joint task force assignment
 

not involved in combat or combat-related operations may not
 

be credited for the purposes of joint duty, unless, and only
 

if—
 

‘‘(i) the service of the officer and the nature of the 

joint task force not only meet all criteria of this section, 

except subparagraph (E), but also any additional criteria 

the Secretary may establish; 

‘‘(ii) the Secretary has specifically approved the operation conducted by the joint task force as one that qualifies 

for joint service credit, and notifies Congress upon each 

approval, providing the criteria that led to that approval; 

and 

‘‘(iii) the operation is conducted by the joint task force 

in an environment where an extremely fragile state of 

peace and high potential for hostilities coexist.’’. 

SEC. 523. RETROACTIVE JOINT SERVICE CREDIT FOR DUTY IN CER-	 10 USC 664 note. 

TAIN JOINT TASK FORCES. 

(a) AUTHORITY.—In accordance with section 664(i) of title 10, 

United States Code, as amended by section 522, the Secretary 

115 STAT. 1098 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

of Defense may award joint service credit to any officer who served 

on the staff of a United States joint task force headquarters in 

an operation and during the period set forth in subsection (b) 

and who meets the criteria specified in such section. To determine 

which officers qualify for such retroactive credit, the Secretary 

shall undertake a case-by-case review of the records of officers. 

(b) ELIGIBLE OPERATIONS.—Service in the following operations, 

during the specified periods, may be counted for credit under subsection (a): 

(1) Operation Northern Watch, during the period beginning 

on August 1, 1992, and ending on a date to be determined. 

(2) Operation Southern Watch, during the period beginning 

on August 27, 1992, and ending on a date to be determined. 

(3) Operation Able Sentry, during the period beginning 

on June 26, 1993, and ending on February 28, 1999. 

(4) Operation Joint Endeavor, during the period beginning 

on December 25, 1995, and ending on December 19, 1996. 

(5) Operation Joint Guard, during the period beginning 

on December 20, 1996, and ending on June 20, 1998. 

(6) Operation Desert Thunder, beginning on January 24, 

1998, and ending on December 15, 1998. 

(7) Operation Joint Forge, beginning on June 20, 1998, 

and ending on June 10, 1999. 

(8) Operation Noble Anvil, beginning on March 24, 1999, 

and ending on July 20, 1999. 

(9) Operation Joint Guardian, beginning on June 11, 1999, 

and ending on a date to be determined. 

(c) REPORT.—Not later than one year after the date of the 

enactment of this Act, the Secretary of Defense shall submit to 

Congress a report of the numbers, by service, grade, and operation, 

of the officers given joint service credit in accordance with this 

section. 

SEC. 524. REVISION TO ANNUAL REPORT ON JOINT OFFICER MANAGEMENT. 

Section 667 of title 10, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) The number of officers who meet the criteria for selection for the joint specialty but were not selected, together 

with the reasons why.’’; 

(2) by amending paragraph (2) to read as follows: 

‘‘(2) The number of officers with the joint specialty, shown 

by grade and branch or specialty and by education.’’; 

(3) in paragraph (3)— 

(A) in subparagraph (A) and (B), by striking ‘‘nominated’’ and inserting ‘‘selected’’; 

(B) by inserting ‘‘and’’ at the end of subparagraph 

(D); 

(C) by striking subparagraph (E); and 

(D) by redesignating subparagraph (F) as subparagraph (E); 

(4) in paragraph (4)(A), by striking ‘‘nominated’’ and 

inserting ‘‘selected’’; 

(5) in paragraph (14)— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1099
 

(A) by inserting ‘‘(A)’’ after ‘‘(14)’’; and 

(B) by adding at the end the following new subparagraph: 

‘‘(B) An assessment of the extent to which the Secretary 

of each military department is assigning personnel to joint 

duty assignments in accordance with this chapter and the 

policies, procedures, and practices established by the Secretary 

of Defense under section 661(a) of this title.’’; and 

(6) in paragraph (16), by striking ‘‘section 664(i)’’ in the 

matter preceding subparagraph (A) and in subparagraph (B) 

and inserting ‘‘subparagraphs (E) and (F) of section 664(i)(4)’’. 

SEC. 525. REQUIREMENT FOR SELECTION FOR JOINT SPECIALTY 

BEFORE PROMOTION TO GENERAL OR FLAG OFFICER 

GRADE. 

(a) REQUIREMENT.—Subsection (a) of section 619a of title 10, 

United States Code, is amended by striking ‘‘unless’’ and all that 

follows and inserting ‘‘unless— ‘‘(1) the officer has completed a full tour of duty in a 

joint duty assignment (as described in section 664(f) of this 

title); and ‘‘(2) for appointments after September 30, 2007, the officer 

has been selected for the joint specialty in accordance with 

section 661 of this title.’’. (b) WAIVER AUTHORITY.—Subsection (b) of that section is 

amended by striking ‘‘may waive subsection (a) in the following 

circumstances:’’ and inserting ‘‘may waive paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a), in the following circumstances:’’. (c) PROPOSED LEGISLATIVE CHANGES.—Not later than December 

1, 2002, the Secretary of Defense shall submit to Congress a draft 

proposal for such legislative changes as the Secretary considers 

needed to implement the amendment made by subsections (a) and 

(b). 

SEC. 526. INDEPENDENT STUDY OF JOINT OFFICER MANAGEMENT 

AND JOINT PROFESSIONAL MILITARY EDUCATION 

REFORMS. 

(a) STUDY.—The Secretary of Defense shall provide for an independent study of the joint officer management system and the 

joint professional military education system. The Secretary shall 

ensure that the entity conducting the study is provided such 

information and support as required. The Secretary shall include 

in the contract for the study a requirement that the entity conducting the study submit a report to Congress on the study not 

later than one year after the date of the enactment of this Act. 

(b) MATTERS TO BE INCLUDED WITH RESPECT TO JOINT OFFICER 

MANAGEMENT.—With respect to the joint officer management 

system, the entity conducting the independent study shall provide 

for the following: 

(1) Assessment of implications for joint officer education, 

development, and management that would result from proposed 

joint organizational operational concepts (such as standing joint 

task forces) and from emerging officer management and personnel reforms (such as longer careers and more stabilization), 

that are under consideration by the Secretary of Defense. 

(2) Assessment of the effectiveness of the current joint 

officer management system to develop and use joint specialty 

Deadline. 

10 USC 619a 

note. 

10 USC 661 note. 

Reports. 

Deadline. 

115 STAT. 1100
 PUBLIC LAW 107–107—DEC. 28, 2001 

qualified officers in meeting both current and future requirements for joint specialty officers. 

(3) Recommendations, based on empirical and other data, 

to improve the effectiveness of the joint officer management 

system, especially with regard to the following: 

(A) The proper mix and sequencing of education assignments and experience assignments (to include, with respect 

to both types of assignments, consideration of the type 

and quality, and the length, of such assignments) to qualify 

an officer as a joint specialty officer, as well as the implications of adopting a variable joint duty tour length and 

the advisability and implications of a system of qualifying 

officers as joint specialty officers that uses multiple shorter 

qualification tracks to selection as a joint specialty officer 

than are now codified. 

(B) The system of using joint specialty officers, 

including the continued utility of such measures as— 

(i) the required fill of positions on the joint duty 

assignment list, as specified in paragraphs (1) and 

(4) of section 661(d) of title 10, United States Code; 

(ii) the fill by such officers of a required number 

of critical billets, as prescribed by section 661(d)(2) 

of such title; 

(iii) the mandated fill by general and flag officers 

of a minimum number of critical billets, as prescribed 

by section 661(d)(3) of such title; and 

(iv) current promotion policy objectives for officers 

with the joint specialty, officers serving on the Joint 

Staff, and officers serving in joint duty assignment 

list positions, as prescribed by section 662 of such 

title. 

(C) Changes in policy and law required to provide 

officers the required joint specialty qualification before promotion to general or flag officer grade. 

(D) A determination of the number of reserve component officers who would be qualified for designation as 

a joint specialty officer by reason of experience or education 

if the standards of existing law, including waiver authorities, were applied to them, and recommendations for a 

process for qualifying and employing future reserve component officers as joint specialty officers. 

(c) MATTERS TO BE INCLUDED WITH RESPECT TO JOINT PROFESSIONAL MILITARY EDUCATION.—With respect to the joint professional 

military education system, the entity conducting the independent 

study shall provide for the following: 

(1) The number of officers who under the current system 

(A) qualified as joint specialty officers by attending joint professional military education programs before their first joint duty 

assignment, (B) qualified as joint specialty officers after arriving 

at their first joint duty assignment but before completing that 

assignment, and (C) qualified as joint specialty officers without 

any joint professional military education. 

(2) Recommended initiatives (include changes in officer 

personnel management law, if necessary) to provide incentives 

and otherwise facilitate attendance at joint professional military 

education programs before an officer’s first joint duty assignment. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1101
 

(3) Recommended goals for attendance at the Joint Forces 

Staff College en route to a first joint duty assignment. 

(4) An assessment of the continuing utility of statutory 

requirements for use of officers following joint professional military education, as prescribed by section 662(d) of title 10, 

United States Code. 

(5) Determination of whether joint professional military 

education programs should remain principally an in-resident, 

multi-service experience and what role non-resident or distributive learning can or should play in future joint professional 

military education programs. 

(6) Examination of options for the length of and increased 

capacity at Joint Forces Staff College, and whether other inresident joint professional military education sources should 

be opened, and if opened, how they might be properly accredited 

and overseen to provide instruction at the level of the program 

designated as ‘‘joint professional military education’’. 

(d) CHAIRMAN OF JOINT CHIEFS OF STAFF.—With respect to 

the roles of the Secretary of Defense and the Chairman of the 

Joint Chiefs of Staff, the entity conducting the independent study 

shall— 

(1) provide for an evaluation of the current roles of the 

Secretary of Defense, the Chairman of the Joint Chiefs of 

Staff, and joint staff in law, policy, and implementation with 

regard to establishing and maintaining oversight of joint officer 

management, career guidelines, and joint professional military 

education; and 

(2) make recommendations to improve and strengthen those 

roles. 

(e) REQUIREMENTS FOR STUDY ENTITY.—In providing for the 

independent study required by subsection (a), the Secretary of 

Defense shall ensure that the entity conducting the study— 

(1) is not a Department of Defense organization; and 

(2) shall, at a minimum, involve in the study, in an integral 

way, the following persons: 

(A) The Chairman of the Joint Chiefs of Staff and 

available former Chairmen of the Joint Chiefs of Staff. 

(B) Members and former members of the Joint Staff, 

the Armed Forces, the Congress, and congressional staff 

who are or who have been significantly involved in the 

development, implementation, or modification of joint 

officer management and joint professional military education. 

(C) Experts in joint officer management and education 

from civilian academic and research centers. 

SEC. 527. PROFESSIONAL DEVELOPMENT EDUCATION. 

(a) EXECUTIVE AGENT FOR FUNDING.—(1) Effective beginning Effective date. 

with fiscal year 2003, the Secretary of Defense shall be the executive 10 USC 2162 

note. agent for funding professional development education operations 

of all components of the National Defense University, including 

the Joint Forces Staff College. The Secretary may not delegate 

the Secretary’s functions and responsibilities under the preceding 

sentence to the Secretary of a military department. 

(2) Nothing in this subsection affects policies in effect on the 

date of the enactment of this Act with respect to— 

115 STAT. 1102 PUBLIC LAW 107–107—DEC. 28, 2001
 

Effective date. 

10 USC 2165 

note. 

(A) the reporting of the President of the National Defense 

University to the Chairman of the Joint Chiefs of Staff; or 

(B) provision of logistical and base operations support for 

components of the National Defense University by the military 

departments. 

(b) PREPARATION OF BUDGET REQUESTS.—Section 2162(b) of 

title 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and 

(2) by inserting after paragraph (1) the following new paragraph: 

‘‘(2) As executive agent for funding professional development 

education at the National Defense University, including the Joint 

Forces Staff College, the Secretary of Defense, with the advice 

of the Chairman of the Joint Chiefs of Staff, shall prepare the 

annual budget for professional development education operations 

at the National Defense University and set forth that request 

as a separate budget request in the materials submitted to Congress 

in support of the budget request for the Department of Defense. 

Nothing in the preceding sentence affects policies in effect on the 

date of the enactment of this paragraph with respect to budgeting 

for the funding of logistical and base operations support for components of the National Defense University through the military 

departments.’’. (c) FUNDING SOURCE.—(1) Section 2165 of title 10, United States 

Code, is amended by adding at the end the following new subsection: 

‘‘(d) SOURCE OF FUNDS FOR PROFESSIONAL DEVELOPMENT EDUCATION OPERATIONS.—Funding for the professional development 

education operations of the National Defense University shall be 

provided from funds made available to the Secretary of Defense 

from the annual appropriation ‘Operation and Maintenance, 

Defense-wide’.’’. 

(2) Subsection (d) of section 2165 of title 10, United States 

Code, as added by paragraph (1), shall become effective beginning 

with fiscal year 2003. 

SEC. 528. AUTHORITY FOR NATIONAL DEFENSE UNIVERSITY TO 

ENROLL CERTAIN PRIVATE SECTOR CIVILIANS. 

(a) IN GENERAL.—(1) Chapter 108 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 2167. National Defense University: admission of private

sector civilians to professional military education 

program 

‘‘(a) AUTHORITY FOR ADMISSION.—The Secretary of Defense may 

permit eligible private sector employees who work in organizations 

relevant to national security to receive instruction at the National 

Defense University in accordance with this section. No more than 

the equivalent of 10 full-time student positions may be filled at 

any one time by private sector employees enrolled under this section. Upon successful completion of the course of instruction in 

which enrolled, any such private sector employee may be awarded 

an appropriate diploma or degree under section 2165 of this title. 

‘‘(b) ELIGIBLE PRIVATE SECTOR EMPLOYEES.—For purposes of 

this section, an eligible private sector employee is an individual 

employed by a private firm that is engaged in providing to the 

Department of Defense or other Government departments or agencies significant and substantial defense-related systems, products, 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1103
 

or services or whose work product is relevant to national security 

policy or strategy. A private sector employee admitted for instruction at the National Defense University remains eligible for such 

instruction only so long as that person remains employed by the 

same firm. 

‘‘(c) ANNUAL CERTIFICATION BY SECRETARY OF DEFENSE.—Private sector employees may receive instruction at the National 

Defense University during any academic year only if, before the 

start of that academic year, the Secretary of Defense determines, 

and certifies to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives, that providing instruction to private sector employees under 

this section during that year will further national security interests 

of the United States. ‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of Defense shall 

ensure that— ‘‘(1) the curriculum for the professional military education 

program in which private sector employees may be enrolled 

under this section is not readily available through other schools 

and concentrates on national security relevant issues; and ‘‘(2) the course offerings at the National Defense University 

continue to be determined solely by the needs of the Department 

of Defense. 

‘‘(e) TUITION.—The President of the National Defense University 

shall charge students enrolled under this section a rate— 

‘‘(1) that is at least the rate charged for employees of 

the United States outside the Department of Defense, less 

infrastructure costs, and 

‘‘(2) that considers the value to the school and course of 

the private sector student. 

‘‘(f) STANDARDS OF CONDUCT.—While receiving instruction at 

the National Defense University, students enrolled under this section, to the extent practicable, are subject to the same regulations 

governing academic performance, attendance, norms of behavior, 

and enrollment as apply to Government civilian employees receiving 

instruction at the university. 

‘‘(g) USE OF FUNDS.—Amounts received by the National Defense 

University for instruction of students enrolled under this section 

shall be retained by the university to defray the costs of such 

instruction. The source, and the disposition, of such funds shall 

be specifically identified in records of the university.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘2167. National Defense University: admission of private sector civilians to professional military education program.’’. 

(b) EFFECTIVE DATE.—Section 2167 of title 10, United States 

Code, as added by subsection (a), shall take effect on January 

1, 2002. 

SEC. 529. CONTINUATION OF RESERVE COMPONENT PROFESSIONAL 

MILITARY EDUCATION TEST. 

(a) CONTINUATION OF CONCEPT VALIDATION TEST.—During 

fiscal year 2002, the Secretary of Defense shall continue the concept 

validation test of Reserve component joint professional military 

education that was begun in fiscal year 2001 at the National 

Defense University. 

10 USC 2167 

note. 

115 STAT. 1104 PUBLIC LAW 107–107—DEC. 28, 2001
 

Regulations. 

(b) PILOT PROGRAM.—If the Secretary of Defense determines 

that the results of the concept validation test referred to in subsection (a) warrant conducting a pilot program of the concept that 

was the subject of the test, the Secretary shall conduct such a 

pilot program during fiscal year 2003. 

(c) FUNDING.—The Secretary shall provide funds for the concept 

validation test under subsection (a) and for any pilot program 

under subsection (b) from funds appropriated to the Secretary of 

Defense in addition to those appropriated for operations of the 

National Defense University. 

Subtitle D—Military Education and
 

Training
 

SEC. 531. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE 

CENTER. 

(a) AUTHORITY TO CONFER ASSOCIATE OF ARTS DEGREE.— 

Chapter 108 of title 10, United States Code, is amended by adding 

after section 2167, as added by section 528(a)(1), the following 

new section: 

‘‘§ 2168. Defense Language Institute Foreign Language

Center: degree of Associate of Arts in foreign language 

‘‘(a) Subject to subsection (b), the Commandant of the Defense 

Language Institute may confer an Associate of Arts degree in a 

foreign language upon any graduate of the Foreign Language Center 

of the Institute who fulfills the requirements for that degree. 

‘‘(b) A degree may be conferred upon a student under this 

section only if the Provost of the Center certifies to the Commandant 

that the student has satisfied all the requirements prescribed for 

the degree. 

‘‘(c) The authority provided by subsection (a) shall be exercised 

under regulations prescribed by the Secretary of Defense.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding after the item relating 

to section 2167, as added by section 528(a)(2), the following new 

item: 

‘‘2168. Defense Language Institute Foreign Language Center: degree of Associate of 

Arts in foreign language.’’. 

SEC. 532. AUTHORITY FOR THE MARINE CORPS UNIVERSITY TO 

AWARD DEGREE OF MASTER OF STRATEGIC STUDIES. 

(a) MARINE CORPS WAR COLLEGE DEGREE.—Section 7102 of 

title 10, United States Code, is amended— 

(1) by redesignating subsection (b) as subsection (c); and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) MARINE CORPS WAR COLLEGE.—Upon the recommendation 

of the Director and faculty of the Marine Corps War College of 

the Marine Corps University, the President of the Marine Corps 

University may confer the degree of master of strategic studies 

upon graduates of the Marine Corps War College who fulfill the 

requirements for that degree.’’. 

(b) CONFORMING AMENDMENTS.—(1) Subsection (a) of such section is amended by striking ‘‘upon graduates’’ and all that follows 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1105
 

and inserting ‘‘upon graduates of the Command and Staff College 

who fulfill the requirements for that degree.’’. (2) Subsection (c) of such section, as redesignated by subsection 

(a)(1), is amended by striking ‘‘subsection (a)’’ and inserting ‘‘subsections (a) and (b)’’. (3)(A) The heading of such section is amended to read as 

follows: 

‘‘§ 7102. Marine Corps University: masters degrees; board of

advisors’’. 

(B) The item relating to such section in the table of sections 

at the beginning of chapter 609 of such title is amended to read 

as follows: 

‘‘7102. Marine Corps University: masters degrees; board of advisors.’’. 

(c) CODIFICATION OF REQUIREMENT FOR BOARD OF ADVISORS.— (1) Section 7102 of title 10, United States Code, as amended by 

subsections (a) and (b), is further amended by adding at the end 

the following new subsection: ‘‘(d) BOARD OF ADVISORS.—The Secretary of the Navy shall Establishment. 

establish a board of advisors for the Marine Corps University. 

The Secretary shall ensure that the board is established so as 

to meet all requirements of the appropriate regional accrediting 

association.’’. (2) Section 912 of the National Defense Authorization Act for 

Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 7102 note) is 

repealed. 

(d) EFFECTIVE DATE.—The authority to confer the degree of 10 USC 7102 

master of strategic studies under section 7102(b) of title 10, United note. 

States Code (as added by subsection (a)) may not be exercised 

until the Secretary of Education determines, and certifies to the 

President of the Marine Corps University, that the requirements 

established by the Marine Corps War College of the Marine Corps 

University for that degree are in accordance with generally 

applicable requirements for a degree of master of arts. Upon receipt Certification. 

of such a certification, the President of the University shall promptly 

transmit a copy of the certification to the Committee on Armed 

Services of the Senate and Committee on Armed Services of the 

House of Representatives. 

SEC. 533. FOREIGN STUDENTS ATTENDING THE SERVICE ACADEMIES. 

(a) UNITED STATES MILITARY ACADEMY.—(1) Subsection (a)(1) 

of section 4344 of title 10, United States Code, is amended by 

striking ‘‘not more than 40 persons’’ and inserting ‘‘not more than 

60 persons’’. 

(2) Subsection (b) of such section is amended— 

(A) in paragraph (2), by striking ‘‘unless a written waiver
 

of reimbursement is granted by the Secretary of Defense’’ in
 

the first sentence; and
 

(B) by striking paragraph (3) and inserting the following: 

‘‘(3) The Secretary of Defense may waive, in whole or in part, 

the requirement for reimbursement of the cost of instruction for 

a cadet under paragraph (2). In the case of a partial waiver, the 

Secretary shall establish the amount waived.’’. 

(3) The amendments made by paragraph (2) shall not apply 10 USC 4344 

with respect to any person who entered the United States Military note. 

Academy to receive instruction under section 4344 of title 10, United 

States Code, before the date of the enactment of this Act. 

115 STAT. 1106 PUBLIC LAW 107–107—DEC. 28, 2001
 

(b) UNITED STATES NAVAL ACADEMY.—(1) Subsection (a)(1) of 

section 6957 of such title is amended by striking ‘‘not more than 

40 persons’’ and inserting ‘‘not more than 60 persons’’. (2) Subsection (b) of such section is amended— (A) in paragraph (2), by striking ‘‘unless a written waiver 

of reimbursement is granted by the Secretary of Defense’’ in 

the first sentence; and 

(B) by striking paragraph (3) and inserting the following: ‘‘(3) The Secretary of Defense may waive, in whole or in part, 

the requirement for reimbursement of the cost of instruction for 

a midshipman under paragraph (2). In the case of a partial waiver, 

the Secretary shall establish the amount waived.’’. 10 USC 6957 (3) The amendments made by paragraph (2) shall not apply 

note.	 with respect to any person who entered the United States Naval 

Academy to receive instruction under section 6957 of title 10, United 

States Code, before the date of the enactment of this Act. 

(c) UNITED STATES AIR FORCE ACADEMY.—(1) Subsection (a)(1) 

of section 9344 of such title is amended by striking ‘‘not more 

than 40 persons’’ and inserting ‘‘not more than 60 persons’’. (2) Subsection (b) of such section is amended— (A) in paragraph (2), by striking ‘‘unless a written waiver 

of reimbursement is granted by the Secretary of Defense’’ in 

the first sentence; and 

(B) by striking paragraph (3) and inserting the following: ‘‘(3) The Secretary of Defense may waive, in whole or in part, 

the requirement for reimbursement of the cost of instruction for 

a cadet under paragraph (2). In the case of a partial waiver, the 

Secretary shall establish the amount waived.’’. 10 USC 9344 (3) The amendments made by paragraph (2) shall not apply 

note.	 with respect to any person who entered the United States Air 

Force Academy to receive instruction under section 9344 of title 

10, United States Code, before the date of the enactment of this 

Act. 

10 USC 4344 (d) EFFECTIVE DATE.—The amendments made by this section 

note. shall not apply with respect to any academic year that began 

before the date of the enactment of this Act. 

SEC. 534. INCREASE IN MAXIMUM AGE FOR APPOINTMENT AS A 

CADET OR MIDSHIPMAN IN SENIOR RESERVE OFFICERS’ 

TRAINING CORPS SCHOLARSHIP PROGRAMS. 

(a) GENERAL ROTC SCHOLARSHIP PROGRAM.—Section 2107(a) 

of title 10, United States Code, is amended— (1) by striking ‘‘27 years of age on June 30’’ and inserting ‘‘31 years of age on December 31’’; and 

(2) by striking ‘‘, except that’’ and all that follows through ‘‘on such date’’ the second place it appears. 

(b) ARMY RESERVE AND ARMY NATIONAL GUARD ROTC SCHOL­ ARSHIP PROGRAM.—Section 2107a(a)(1) of such title is amended— (1) by striking ‘‘27 years of age on June 30’’ and inserting ‘‘31 years of age on December 31’’; and 

(2) by striking ‘‘, except that’’ and all that follows through ‘‘on such date’’ the second place it appears. 

SEC. 535. PARTICIPATION OF REGULAR ENLISTED MEMBERS OF THE 

ARMED FORCES IN SENIOR RESERVE OFFICERS’ TRAINING 

CORPS PROGRAM. 

(a) ELIGIBILITY.—Section 2104(b)(3) of title 10, United States 

Code, is amended by striking ‘‘a reserve component of ’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1107
 

(b) PAY RATE WHILE ON FIELD TRAINING OR PRACTICE CRUISE.— Section 209(c) of title 37, United States Code, is amended by 

inserting before the period at the end the following: ‘‘, except that 

the rate for a cadet or midshipman who is a member of the regular 

component of an armed force shall be the rate of basic pay applicable 

to the member under section 203 of this title’’. 

SEC. 536. AUTHORITY TO MODIFY THE SERVICE OBLIGATION OF CERTAIN ROTC CADETS IN MILITARY JUNIOR COLLEGES 

RECEIVING FINANCIAL ASSISTANCE. 

(a) AUTHORITY TO MODIFY AGREEMENTS.—Subsection (b) of section 2107a of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

(2) by redesignating paragraphs (1), (2), (3), (4), (5), and 

(6) as subparagraphs (A), (B), (C), (D), (E), and (F), respectively; 

(3) by designating the sentence following subparagraph
 

(F), as so redesignated, as paragraph (2); and
 

(4) by adding at the end the following new paragraph: ‘‘(3) In the case of a cadet under this section at a military 

junior college, the Secretary may, at any time and with the consent 

of the cadet concerned, modify an agreement described in paragraph 

(1)(F) submitted by the cadet to reduce or eliminate the troop 

program unit service obligation specified in the agreement and 

to establish, in lieu of that obligation, an active duty service obligation. Such a modification may be made only if the Secretary determines that it is in the best interests of the United States to 

do so.’’. 

(b) RETROACTIVE APPLICATION.—The authority of the Secretary 10 USC 2107a 

of Defense under paragraph (3) of section 2107a(b) of title 10, note. 

United States Code, as added by subsection (a), may be exercised 

with regard to any agreement described in paragraph (1)(F) of 

such section (including agreements related to participation in the 

Advanced Course of the Army Reserve Officers’ Training Corps 

at a military college or civilian institution) that was entered into 

during the period beginning on January 1, 1991, and ending on 

July 12, 2000 (in addition to any agreement described in that 

paragraph that is entered into on or after the date of the enactment 

of this Act). 

(c) TECHNICAL AMENDMENT.—Subsection (h) of such section 

is amended by striking ‘‘military college’’ in the second sentence 

and inserting ‘‘military junior college’’. 

SEC. 537. REPEAL OF LIMITATION ON NUMBER OF JUNIOR RESERVE 

OFFICERS’ TRAINING CORPS UNITS. 

Section 2031(a)(1) of title 10, United States Code, is amended 

by striking the second sentence. 

SEC. 538. MODIFICATION OF NURSE OFFICER CANDIDATE ACCESSION 

PROGRAM RESTRICTION ON STUDENTS ATTENDING EDUCATIONAL INSTITUTIONS WITH SENIOR RESERVE OFFICERS’ TRAINING PROGRAMS. 

Section 2130a of title 10, United States Code, is amended— (1) in subsection (a)(2), by striking ‘‘that does not have
 

a Senior Reserve Officers’ Training Program established under
 

section 2102 of this title’’; and
 

(2) in subsection (b)(1), by inserting before the semicolon
 

at the end ‘‘or that has a Senior Reserve Officers’ Training
 

Program for which the student is ineligible’’.
 

115 STAT. 1108 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 539. RESERVE HEALTH PROFESSIONALS STIPEND PROGRAM 

EXPANSION. 

(a) PURPOSE OF PROGRAM.—Subsection (a) of section 16201 

of title 10, United States Code, is amended— 

(1) by striking ‘‘specialties critically needed in wartime’’; 

(2) by striking ‘‘training in such specialties’’ and inserting 

‘‘training that leads to a degree in medicine or dentistry or 

training in a health professions specialty that is critically 

needed in wartime’’; and 

(3) by striking ‘‘training in certain health care specialties’’ 

and inserting ‘‘health care education and training’’. 

(b) MEDICAL AND DENTAL STUDENT STIPEND.—Such section is 

further amended— 

(1) by redesignating subsections (b), (c), (d), and (e) as 

subsections (c), (d), (e), and (f), respectively; and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) MEDICAL AND DENTAL SCHOOL STUDENTS.—(1) Under the 

stipend program under this chapter, the Secretary of the military 

department concerned may enter into an agreement with a person 

who— 

‘‘(A) is eligible to be appointed as an officer in a reserve 

component; 

‘‘(B) is enrolled or has been accepted for enrollment in 

an institution in a course of study that results in a degree 

in medicine or dentistry; 

‘‘(C) signs an agreement that, unless sooner separated, 

the person will— 

‘‘(i) complete the educational phase of the program; 

‘‘(ii) accept a reappointment or redesignation within 

the person’s reserve component, if tendered, based upon 

the person’s health profession, following satisfactory 

completion of the educational and intern programs; and 

‘‘(iii) participate in a residency program; and 

‘‘(D) if required by regulations prescribed by the Secretary 

of Defense, agrees to apply for, if eligible, and accept, if offered, 

residency training in a health profession skill which has been 

designated by the Secretary of Defense as a critically needed 

wartime skill. 

‘‘(2) Under the agreement— 

‘‘(A) the Secretary of the military department concerned 

shall agree to pay the participant a stipend, in the amount 

determined under subsection (f), for the period or the remainder 

of the period that the student is satisfactorily progressing 

toward a degree in medicine or dentistry while enrolled in 

an accredited medical or dental school; 

‘‘(B) the participant shall not be eligible to receive such 

stipend before appointment, designation, or assignment as an 

officer for service in the Ready Reserve; 

‘‘(C) the participant shall be subject to such active duty 

requirements as may be specified in the agreement and to 

active duty in time of war or national emergency as provided 

by law for members of the Ready Reserve; and 

‘‘(D) the participant shall agree to serve in the Selected 

Reserve, upon successful completion of the program, for the 

period of service applicable under paragraph (3). 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1109
 

‘‘(3)(A) Subject to subparagraph (B), the period for which a 

participant is required to serve in the Selected Reserve under 

the agreement pursuant to paragraph (2)(D) shall be one year 

for each period of six months, or part thereof, for which the participant is provided a stipend pursuant to the agreement. ‘‘(B) In the case of a participant who enters into a subsequent 

agreement under subsection (c) and successfully completes residency 

training in a specialty designated by the Secretary of Defense 

as a specialty critically needed by the military department in wartime, the requirement to serve in the Selected Reserve may be 

reduced to one year for each year, or part thereof, for which the 

stipend was provided while enrolled in medical or dental school.’’. 

(c) WARTIME CRITICAL SKILLS.—Subsection (c) of such section 

(as redesignated by subsection (b)(1)) is amended— 

(1) by inserting ‘‘WARTIME’’ after ‘‘CRITICAL’’ in the heading;
 

and
 

(2) by inserting ‘‘or has been appointed as a medical or
 

dental officer in the Reserve of the armed force concerned’’
 

in paragraph (1)(B) before the semicolon at the end.
 

(d) SERVICE OBLIGATION REQUIREMENT.—Paragraph (2)(D) of 

subsection (c) of such section (as redesignated by subsection (b)(1)) 

and paragraph (2)(D) of subsection (d) of such section (as so redesignated) are amended by striking ‘‘two years in the Ready Reserve 

for each year,’’ and inserting ‘‘one year in the Ready Reserve for 

each six months,’’. 

(e) CROSS-REFERENCE.—Paragraph (2)(A) of subsection (c) of 

such section (as redesignated by subsection (b)(1)) and paragraph 

(2)(A) of subsection (d) of such section (as so redesignated) are 

amended by striking ‘‘subsection (e)’’ and inserting ‘‘subsection (f)’’. 

SEC. 540. HOUSING ALLOWANCE FOR THE CHAPLAIN FOR THE CORPS 

OF CADETS AT THE UNITED STATES MILITARY ACADEMY. 

(a) AUTHORITY.—The second sentence of section 4337 of title 

10, United States Code, is amended by striking ‘‘the same allowances’’ and all that follows through ‘‘captain’’ and inserting ‘‘a 

monthly housing allowance in the same amount as the basic allowance for housing allowed to a lieutenant colonel’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) 10 USC 4337 

shall take effect on the first day of the first month beginning note. 

on or after the date of the enactment of this Act. 

Subtitle E—Recruiting and Accession
 

Programs
 

SEC. 541. 18-MONTH ENLISTMENT PILOT PROGRAM. 

(a) IN GENERAL.—(1) Chapter 333 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 3264. 18-month enlistment pilot program 

‘‘(a) During the pilot program period, the Secretary of the 

Army shall carry out a pilot program with the objective of increasing 

participation of prior service persons in the Selected Reserve and 

providing assistance in building the pool of participants in the 

Individual Ready Reserve. 

‘‘(b) Under the program, the Secretary may, notwithstanding 

section 505(c) of this title, accept persons for original enlistment 

115 STAT. 1110 PUBLIC LAW 107–107—DEC. 28, 2001
 

in the Army for a term of enlistment consisting of 18 months 

service on active duty, to be followed by three years of service 

in the Selected Reserve and then service in the Individual Ready 

Reserve to complete the military service obligation. ‘‘(c) Under regulations and conditions established by the Secretary of the Army, a member enlisting under this section may, 

at the end of the 18-month period of service on active duty under 

that enlistment, be permitted to reenlist for continued service on 

active duty in lieu of the service in the Selected Reserve and 

the Individual Ready Reserve otherwise required under the terms 

of the member’s enlistment. ‘‘(d) No more than 10,000 persons may be accepted for enlistment in the Army through the program under this section. ‘‘(e) A person enlisting in the Army through the program under 

this section is eligible for an enlistment bonus under section 309 

of title 37, notwithstanding the enlistment time period specified 

in subsection (a) of that section. ‘‘(f) For purposes of this section, the pilot program period is 

the period beginning on the date selected by the Secretary of the 

Army for the commencement of the pilot program, which date 

shall be not later than October 1, 2003, and ending on December 

31, 2007. 

Deadlines. ‘‘(g) Not later than December 31, 2007, and December 31,

Reports.	 2012, the Secretary of the Army shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives a report on the program 

under this section. In each such report, the Secretary shall set 

forth the views of the Secretary on the success of the program 

in meeting the objectives stated in subsection (a) and whether 

the program should be continued and, if so, whether it should 

be modified or expanded.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘3264. 18-month enlistment pilot program.’’. 

10 USC 3264 (b) IMPLEMENTATION REPORT.—The Secretary of the Army shall 

note. submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report on the Secretary’s plan for implementation of section 

3264 of title 10, United States Code, as added by subsection (a). 

Deadline. Such report shall be submitted not later than March 1, 2002. 

SEC. 542. IMPROVED BENEFITS UNDER THE ARMY COLLEGE FIRST 

PROGRAM. 

(a) INCREASED MAXIMUM PERIOD OF DELAYED ENTRY.—Section 

573 of the National Defense Authorization Act for Fiscal Year 

2000 (Public Law 106–65; 113 Stat. 623; 10 U.S.C. 513 note) is 

amended— 

(1) in subsection (b)— 

(A) by striking the matter preceding paragraph (1) 

and inserting the following: 

‘‘(b) DELAYED ENTRY WITH ALLOWANCE FOR HIGHER EDU- CATION.—Under the pilot program, the Secretary may— 

‘‘(1) exercise the authority under section 513 of title 10, 

United States Code—’’; 

(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and realigning those subparagraphs four ems from the left margin; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1111
 

(C) at the end of subparagraph (A), as so redesignated, 

by inserting ‘‘and’’ after the semicolon; and 

(D) in subparagraph (B), as so redesignated, by striking ‘‘two years after the date of such enlistment as a Reserve 

under paragraph (1)’’ and inserting ‘‘the maximum period 

of delay determined for that person under subsection (c)’’; 

and 

(2) in subsection (c)— 

(A) by striking ‘‘paragraph (2)’’ and inserting ‘‘paragraph (1)(B)’’; 

(B) by striking ‘‘two-year period’’ and inserting ‘‘30­

month period’’; and 

(C) by striking ‘‘paragraph (1)’’ and inserting ‘‘paragraph (1)(A)’’. 

(b) ALLOWANCE ELIGIBILITY AND AMOUNT.—(1) Such section 

is further amended— (A) in subsection (b), by striking paragraph (3) and 

inserting the following: ‘‘(2) subject to paragraph (2) of subsection (d) and except 

as provided in paragraph (3) of that subsection, pay an allowance to a person accepted for enlistment under paragraph (1)(A) 

for each month of the period during which that person is 

enrolled in and pursuing a program described in paragraph 

(1)(B)’’; and 

(B) in subsection (d)— (i) by redesignating paragraph (2) as paragraph (4); 

(ii) by striking paragraph (1) and inserting the following new paragraphs: 

‘‘(1) The monthly allowance paid under subsection (b)(2) shall 

be equal to the amount of the subsistence allowance provided for 

certain members of the Senior Reserve Officers’ Training Corps 

with the corresponding number of years of participation under 

section 209(a) of title 37, United States Code. 

‘‘(2) An allowance may not be paid to a person under this 

section for more than 24 months. 

‘‘(3) A member of the Selected Reserve of a reserve component 

may be paid an allowance under this section only for months 

during which the member performs satisfactorily as a member 

of a unit of the reserve component that trains as prescribed in 

section 10147(a)(1) of title 10, United States Code, or section 502(a) 

of title 32, United States Code. Satisfactory performance shall be 

determined under regulations prescribed by the Secretary.’’. 

(2) The heading for such subsection is amended by striking 

‘‘AMOUNT OF’’. 

(c) INELIGIBILITY FOR LOAN REPAYMENTS; RECOUPMENT.—Such 

section is further amended— 

(1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; and 

(2) by inserting after subsection (d) the following new subsections: 

‘‘(e) INELIGIBILITY FOR LOAN REPAYMENTS.—A person who has 

received an allowance under this section is not eligible for any 

benefits under chapter 109 of title 10, United States Code. 

‘‘(f) RECOUPMENT OF ALLOWANCE.—(1) A person who, after 

receiving an allowance under this section, fails to complete the 

total period of service required of that person in connection with 

delayed entry authorized for the person under section 513 of title 

Regulations. 

115 STAT. 1112 PUBLIC LAW 107–107—DEC. 28, 2001
 

Applicability. 

10 USC 513 note. 

10 USC 503 note. 

10, United States Code, shall repay the United States the amount 

which bears the same ratio to the total amount of that allowance 

paid to the person as the unserved part of the total required 

period of service bears to the total period. 

‘‘(2) An obligation to repay the United States imposed under 

paragraph (1) is for all purposes a debt owed to the United States. 

‘‘(3) A discharge of a person in bankruptcy under title 11, 

United States Code, that is entered less than five years after 

the date on which the person was, or was to be, enlisted in the 

regular Army pursuant to the delayed entry authority under section 

513 of title 10, United States Code, does not discharge that person 

from a debt arising under paragraph (1). 

‘‘(4) The Secretary of the Army may waive, in whole or in 

part, a debt arising under paragraph (1) in any case for which 

the Secretary determines that recovery would be against equity 

and good conscience or would be contrary to the best interests 

of the United States.’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to persons who, on or after the date 

of the enactment of this Act, are enlisted as described in subsection 

(a) of section 513 of title 10, United States Code, with delayed 

entry authorized under that section. 

SEC. 543. CORRECTION AND EXTENSION OF CERTAIN ARMY 

RECRUITING PILOT PROGRAM AUTHORITIES. 

(a) CONTRACT RECRUITING INITIATIVES.—Subsection (d)(2) of 

section 561 of the Floyd D. Spence National Defense Authorization 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 

398; 114 Stat. 1654A–130) is amended— 

(1) in subparagraphs (A) and (D), by inserting ‘‘and Army 

Reserve’’ after ‘‘Regular Army’’; and 

(2) in subparagraph (B), by striking ‘‘and chain of command’’. 

(b) EXTENSION OF AUTHORITY.—Subsection (e) of such section 

is amended by striking ‘‘December 31, 2005’’ and inserting ‘‘September 30, 2007’’. 

(c) EXTENSION OF TIME FOR REPORTS.—Subsection (g) of such 

section is amended by striking ‘‘February 1, 2006’’ and inserting 

‘‘February 1, 2008’’. 

SEC. 544. MILITARY RECRUITER ACCESS TO SECONDARY SCHOOL 

STUDENTS. 

(a) ACCESS TO SECONDARY SCHOOLS.—Paragraph (1) of section 

503(c) of title 10, United States Code, is amended to read as 

follows: 

‘‘(c) ACCESS TO SECONDARY SCHOOLS.—(1)(A) Each local educational agency receiving assistance under the Elementary and 

Secondary Education Act of 1965— 

‘‘(i) shall provide to military recruiters the same access 

to secondary school students as is provided generally to postsecondary educational institutions or to prospective employers of 

those students; and 

‘‘(ii) shall, upon a request made by military recruiters for 

military recruiting purposes, provide access to secondary school 

student names, addresses, and telephone listings, notwithstanding section 444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 1232g(a)(5)(B)). 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1113
 

‘‘(B) A local educational agency may not release a student’s 

name, address, and telephone listing under subparagraph (A)(ii) 

without the prior written consent of a parent of the student if 

the student, or a parent of the student, has submitted a request 

to the local educational agency that the student’s information not 

be released for a purpose covered by that subparagraph without 

prior written parental consent. Each local education agency shall 

notify parents of the rights provided under the preceding sentence.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on July 1, 2002, immediately after the amendment 

to section 503(c) of title 10, United States Code, made, effective 

that date, by section 563(a) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–131). 

(c) NOTIFICATION.—The Secretary of Education shall provide 

to local educational agencies notice of the provisions of subsection 

(c) of section 503 of title 10, United States Code, as in effect 

upon the amendments made by subsection (a). Such notice shall 

be provided not later than 120 days after the date of the enactment 

of this Act and shall be provided in consultation with the Secretary 

of Defense. 

SEC. 545. PERMANENT AUTHORITY FOR USE OF MILITARY 

RECRUITING FUNDS FOR CERTAIN EXPENSES AT DEPARTMENT OF DEFENSE RECRUITING FUNCTIONS. 

(a) REPEAL OF TERMINATION PROVISION.—Section 520c of title 

10, United States Code, is amended by striking subsection (c). 

(b) TECHNICAL AMENDMENTS.—Subsection (a) of such section 

is amended— 

(1) in paragraph (4), by striking ‘‘recruiting events’’ and 

inserting ‘‘recruiting functions’’; and 

(2) in paragraph (5), by striking ‘‘recruiting efforts’’ the 

first place it appears and inserting ‘‘recruiting functions’’. 

SEC. 546. REPORT ON HEALTH AND DISABILITY BENEFITS FOR PREACCESSION TRAINING AND EDUCATION PROGRAMS. 

(a) STUDY.—The Secretary of Defense shall conduct a review 

of the health and disability benefit programs available to recruits 

and officer candidates engaged in training, education, or other 

types of programs while not yet on active duty and to cadets 

and midshipmen attending the service academies. The review shall 

be conducted with the participation of the Secretaries of the military 

departments. 

(b) REPORT.—Not later than March 1, 2002, the Secretary shall 

submit to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report on the findings of the review. The report shall include 

the following with respect to persons described in subsection (a): 

(1) A statement of the process and detailed procedures 

followed by each of the Armed Forces under the jurisdiction 

of the Secretary of a military department to provide health 

care and disability benefits to all such persons injured in 

training, education, or other types of programs conducted by 

the Secretary of a military department. 

(2) Information on the total number of cases of such persons 

requiring health care and disability benefits and the total 

number of cases and average value of health care and disability 

10 USC 503 note. 

10 USC 503 note. 

Deadline. 

Deadline. 

115 STAT. 1114 PUBLIC LAW 107–107—DEC. 28, 2001
 

benefits provided under the authority for each source of benefits 

available to those persons. 

(3) A discussion of the issues regarding health and disability benefits for such persons that are encountered by the 

Secretary during the review, to include discussions with individuals who have received those benefits. 

(4) A statement of the processes and detailed procedures 

followed by each of the Armed Forces under the jurisdiction 

of the Secretary of a military department to provide recruits 

and officer candidates with succinct information on the eligibility requirements (including information on when they become 

eligible) for health care benefits under the Defense health care 

program, and the nature and availability of the benefits under 

the program. 

(5) A discussion of the necessity for legislative changes 

and specific legislative proposals needed to improve the benefits 

provided those persons. 

(6) An analysis of health and disability benefits under 

laws administered by the Department of Veterans Affairs and 

the Department of Labor for which those persons become 

eligible upon being injured in training or education and a 

discussion of how those benefits compare to the benefits those 

persons would receive if retired for physical disability by the 

Department of Defense. 

Subtitle F—Decorations, Awards, and 

Posthumous Commissions 

SEC. 551. AUTHORITY FOR AWARD OF THE MEDAL OF HONOR TO 

HUMBERT R. VERSACE, JON E. SWANSON, AND BEN L. 

SALOMON FOR VALOR. 

(a) WAIVER OF TIME LIMITATIONS.—Notwithstanding the time 

limitations specified in section 3744 of title 10, United States Code, 

or any other time limitation with respect to the awarding of certain 

medals to persons who served in the military service, the President 

may award the Medal of Honor under section 3741 of that title 

to any of the persons named in subsections (b), (c), and (d) for 

the acts of valor referred to in those respective subsections. 

(b) HUMBERT R. VERSACE.—Subsection (a) applies with respect 

to Humbert R. Versace, for conspicuous acts of gallantry and intrepidity at the risk of his life and beyond the call of duty between 

October 29, 1963, and September 26, 1965, while interned as a 

prisoner of war by the Vietnamese Communist National Liberation 

Front (Viet Cong) in the Republic of Vietnam. 

(c) JON E. SWANSON.—Subsection (a) applies with respect to 

Jon E. Swanson, for conspicuous acts of gallantry and intrepidity 

at the risk of his life and beyond the call of duty on February 

26, 1971, while piloting a Scout helicopter on a close-support reconnaissance mission in support of the Army of the Republic of Vietnam 

Task Force 333 in the Kingdom of Cambodia. 

(d) BEN L. SALOMON.—Subsection (a) applies with respect to 

Ben L. Salomon, for conspicuous acts of gallantry and intrepidity 

at the risk of his life and beyond the call of duty on July 7, 

1944, while defending the soldiers under his care as the Surgeon, 

2d Battalion, 105th Infantry Regiment, 27th Infantry Division 

against an overwhelming enemy force at Saipan, Marianas Islands. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1115
 

SEC. 552. REVIEW REGARDING AWARD OF MEDAL OF HONOR TO CERTAIN JEWISH AMERICAN AND HISPANIC AMERICAN WAR 

VETERANS. 

(a) REVIEW REQUIRED.—The Secretary of each military department shall review the service records of each Jewish American 

war veteran or Hispanic American war veteran described in subsection (b) to determine whether that veteran should be awarded 

the Medal of Honor. 

(b) COVERED JEWISH AMERICAN WAR VETERANS AND HISPANIC 

AMERICAN WAR VETERANS.—The Jewish American war veterans 

and Hispanic American war veterans whose service records are 

to be reviewed under subsection (a) are the following: 

(1) Any Jewish American war veteran or Hispanic American war veteran who was awarded the Distinguished Service 

Cross, the Navy Cross, or the Air Force Cross before the date 

of the enactment of this Act. 

(2) Any other Jewish American war veteran or Hispanic 

American war veteran whose name is submitted to the Secretary concerned for such purpose before the end of the oneyear period beginning on the date of the enactment of this 

Act. 

(c) CONSULTATIONS.—In carrying out the review under subsection (a), the Secretary of each military department shall consult 

with the Jewish War Veterans of the United States of America 

and with such other veterans service organizations as the Secretary 

considers appropriate. 

(d) RECOMMENDATION BASED ON REVIEW.—If the Secretary concerned determines, based upon the review under subsection (a) 

of the service records of any Jewish American war veteran or 

Hispanic American war veteran, that the award of the Medal of 

Honor to that veteran is warranted, the Secretary shall submit 

to the President a recommendation that the President award the 

Medal of Honor to that veteran. 

(e) AUTHORITY TO AWARD MEDAL OF HONOR.—A Medal of Honor 

may be awarded to a Jewish American war veteran or Hispanic 

American war veteran in accordance with a recommendation of 

the Secretary concerned under subsection (d). 

(f) WAIVER OF TIME LIMITATIONS.—An award of the Medal 

of Honor may be made under subsection (e) without regard to— 

(1) section 3744, 6248, or 8744 of title 10, United States 

Code, as applicable; and 

(2) any regulation or other administrative restriction on— 

(A) the time for awarding the Medal of Honor; or 

(B) the awarding of the Medal of Honor for service 

for which a Distinguished Service Cross, Navy Cross, or 

Air Force Cross has been awarded. 

(g) DEFINITION.—For purposes of this section, the term ‘‘Jewish 

American war veteran’’ means any person who served in the Armed 

Forces during World War II or a later period of war and who 

identified himself or herself as Jewish on his or her military personnel records. 

SEC. 553. AUTHORITY TO ISSUE DUPLICATE MEDALS OF HONOR AND 

TO REPLACE STOLEN MILITARY DECORATIONS. 

(a) ARMY.—(1)(A) Chapter 357 of title 10, United States Code, 

is amended by adding at the end the following new section: 

10 USC 3741 

note. 

115 STAT. 1116 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘§ 3754. Medal of honor: duplicate medal 

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal 

of honor with ribbons and appurtenances. Such duplicate medal 

of honor shall be marked, in such manner as the Secretary of 

the Army may determine, as a duplicate or for display purposes 

only.’’. 

(B) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘3754. Medal of honor: duplicate medal.’’. 

(2) Section 3747 of such title is amended by striking ‘‘lost’’ 

and inserting ‘‘stolen, lost,’’. (b) NAVY AND MARINE CORPS.—(1)(A) Chapter 567 of title 10, 

United States Code, is amended by adding at the end the following 

new section: 

‘‘§ 6256. Medal of honor: duplicate medal 

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal 

of honor with ribbons and appurtenances. Such duplicate medal 

of honor shall be marked, in such manner as the Secretary of 

the Navy may determine, as a duplicate or for display purposes 

only.’’. 

(B) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘6256. Medal of honor: duplicate medal.’’. 

(2) Section 6253 of such title is amended by striking ‘‘lost’’ 

and inserting ‘‘stolen, lost,’’. 

(c) AIR FORCE.—(1)(A) Chapter 857 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 8754. Medal of honor: duplicate medal 

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal 

of honor with ribbons and appurtenances. Such duplicate medal 

of honor shall be marked, in such manner as the Secretary of 

the Air Force may determine, as a duplicate or for display purposes 

only.’’. 

(B) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘8754. Medal of honor: duplicate medal.’’. 

(2) Section 8747 of such title is amended by striking ‘‘lost’’ 

and inserting ‘‘stolen, lost,’’. (d) COAST GUARD.—(1)(A) Chapter 13 of title 14, United States 

Code, is amended by inserting after section 503 the following new 

section: 

‘‘§ 504. Medal of honor: duplicate medal 

‘‘A person awarded a medal of honor shall, upon written application of that person, be issued, without charge, one duplicate medal 

of honor with ribbons and appurtenances. Such duplicate medal 

of honor shall be marked, in such manner as the Secretary may 

determine, as a duplicate or for display purposes only.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1117
 

(B) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 503 

the following new item: 

‘‘504. Medal of honor: duplicate medal.’’. 

(2) Section 501 of such title is amended by inserting ‘‘stolen,’’ 

before ‘‘lost,’’. 

(e) DEFINITION OF MEDAL OF HONOR FOR PURPOSES OF FEDERAL 

UNAUTHORIZED-USE CRIME.—Section 704(b)(2)(B) of title 18, United 

States Code, is amended to read as follows: 

‘‘(B) As used in this subsection, ‘Congressional Medal of 

Honor’ means— 

‘‘(i) a medal of honor awarded under section 3741, 

6241, or 8741 of title 10 or section 491 of title 14; 

‘‘(ii) a duplicate medal of honor issued under section 

3754, 6256, or 8754 of title 10 or section 504 of title 

14; or 

‘‘(iii) a replacement of a medal of honor provided under 

section 3747, 6253, or 8747 of title 10 or section 501 of 

title 14.’’. 

SEC. 554. RETROACTIVE MEDAL OF HONOR SPECIAL PENSION. 

(a) ENTITLEMENT.—Notwithstanding any other provision of law, 

Robert R. Ingram of Jacksonville, Florida, who was awarded the 

Medal of Honor pursuant to Public Law 105–103 (111 Stat. 2218), 

shall be entitled to the special pension provided for under section 

1562 of title 38, United States Code (and antecedent provisions 

of law), for months that begin after March 1966. 

(b) AMOUNT.—The amount of special pension payable under 

subsection (a) for a month beginning before the date of the enactment of this Act shall be the amount of special pension provided 

for by law for that month for persons entered and recorded in 

the Army, Navy, Air Force, and Coast Guard Medal of Honor 

Roll (or antecedent Medal of Honor Roll required by law). 

SEC. 555. WAIVER OF TIME LIMITATIONS FOR AWARD OF CERTAIN 

DECORATIONS TO CERTAIN PERSONS. 

(a) WAIVER.—Any limitation established by law or policy for 

the time within which a recommendation for the award of a military 

decoration or award must be submitted shall not apply to awards 

of decorations described in this section, the award of each such 

decoration having been determined by the Secretary concerned to 

be warranted in accordance with section 1130 of title 10, United 

States Code. 

(b) SILVER STAR.—Subsection (a) applies to the award of the 

Silver Star to Wayne T. Alderson, of Glassport, Pennsylvania, for 

gallantry in action from March 15 to March 18, 1945, while serving 

as a member of the Army. 

(c) DISTINGUISHED FLYING CROSS.—Subsection (a) applies to 

the award of the Distinguished Flying Cross for service during 

World War II (including multiple awards to the same individual) 

in the case of each individual concerning whom the Secretary of 

the Navy (or an officer of the Navy acting on behalf of the Secretary) 

submitted to the Committee on Armed Services of the House of 

Representatives and the Committee on Armed Services of the 

Senate, during the period beginning on October 30, 2000, and 

ending on the day before the date of the enactment of this Act, 

a notice as provided in section 1130(b) of title 10, United States 

Robert R.
 

Ingram.
 

Wayne T.
 

Alderson.
 

115 STAT. 1118 PUBLIC LAW 107–107—DEC. 28, 2001
 

Code, that the award of the Distinguished Flying Cross to that 

individual is warranted and that a waiver of time restrictions 

prescribed by law for recommendation for such award is recommended. 

SEC. 556. SENSE OF CONGRESS ON ISSUANCE OF CERTAIN MEDALS. 

It is the sense of Congress that the Secretary of Defense should 

consider authorizing— (1) the issuance of a campaign medal, to be known as 

the Korea Defense Service Medal, to each person who while 

a member of the Armed Forces served in the Republic of Korea, 

or the waters adjacent thereto, during the period beginning 

on July 28, 1954, and ending on such date thereafter as the 

Secretary considers appropriate; 

(2) the issuance of a campaign medal, to be known as 

the Cold War Service Medal, to each person who while a 

member of the Armed Forces served satisfactorily on active 

duty during the Cold War; and 

(3) the award of the Vietnam Service Medal to any member 

or former member of the Armed Forces who was awarded 

the Armed Forces Expeditionary Medal for participation in 

military operations designated as Operation Frequent Wind 

arising from the evacuation of Vietnam on April 29 and 30, 

1975. 

SEC. 557. SENSE OF CONGRESS ON DEVELOPMENT OF A MORE COMPREHENSIVE, UNIFORM POLICY FOR THE AWARD OF 

DECORATIONS TO MILITARY AND CIVILIAN PERSONNEL 

OF THE DEPARTMENT OF DEFENSE. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The role and importance of civilian nationals of the 

United States as Federal employees and contractors in support 

of operations of the Armed Forces worldwide has continued 

to expand. 

(2) The expanded role performed by those civilians, both 

in the United States and overseas, has greatly increased the 

risk to those civilians of injury and death from hostile actions 

taken against United States Armed Forces, as demonstrated 

by the terrorist attack on the Pentagon on September 11, 

2001, in which scores of Department of Defense civilian and 

contractor personnel were killed or wounded. 

(3) On September 20, 2001, the Deputy Secretary of Defense 

approved the creation of a new award, a medal for the defense 

of freedom, to be awarded to civilians employed by the Department of Defense who are killed or wounded as a result of 

hostile action and at the same time directed that a comprehensive review be conducted to develop a more uniform approach 

to the award of decorations to military and civilian personnel 

of the Department of Defense. 

(b) COMMENDATION OF CREATION OF NEW AWARD.—Congress 

commends the decision announced by the Deputy Secretary of 

Defense on September 20, 2001, to approve the creation of a new 

award, a medal for the defense of freedom, to be awarded to civilians 

employed by the Department of Defense who are killed or wounded 

as a result of hostile action. 

(c) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense should act expeditiously to develop a 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1119
 

more comprehensive, uniform policy for the award of decorations 

to military and civilian personnel of the Department of Defense. 

SEC. 558. POSTHUMOUS ARMY COMMISSION IN THE GRADE OF CAPTAIN IN THE CHAPLAINS CORPS TO ELLA E. GIBSON FOR 

SERVICE AS CHAPLAIN OF THE FIRST WISCONSIN HEAVY 

ARTILLERY REGIMENT DURING THE CIVIL WAR. 

The President is authorized and requested to posthumously 

appoint Ella E. Gibson to the grade of captain in the Chaplains 

Corps of the Army, the commission to issue as of the date of 

her appointment as chaplain to the First Wisconsin Heavy Artillery 

regiment during the Civil War and to be considered to have been 

in effect during the time during which she faithfully performed 

the services of a chaplain to that regiment and for which Congress 

by law (Private Resolution 31 of the 40th Congress, approved March 

3, 1869) previously provided for her to be paid the full pay and 

emoluments of a chaplain in the United States Army as if she 

had been regularly commissioned and mustered into service. 

Subtitle G—Funeral Honors Duty 

SEC. 561. PARTICIPATION OF MILITARY RETIREES IN FUNERAL 

HONORS DETAILS. 

(a) AUTHORITY.—Subsection (b)(2) of section 1491 of title 10, 

United States Code, is amended— (1) in the first sentence, by inserting ‘‘(other than members 

in a retired status)’’ after ‘‘members of the armed forces’’; and 

(2) in the second sentence, by inserting ‘‘(including members in a retired status),’’ after ‘‘members of the armed forces’’. (b) FUNERAL HONORS DUTY ALLOWANCE.—Section 435(a) of title 

37, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(a) ALLOWANCE AUTHOR­ IZED.—’’; and 

(2) by adding at the end the following new paragraph: ‘‘(2) The Secretary concerned may also authorize payment of 

that allowance to a member of the armed forces in a retired status 

for any day on which the member serves in a funeral honors 

detail under section 1491 of title 10, if the time required for service 

in such detail (including time for preparation) is not less than 

two hours. The amount of an allowance paid to a member under 

this paragraph shall be in addition to any other compensation 

to which the member may be entitled under this title or title 

10 or 38.’’. 

SEC. 562. FUNERAL HONORS DUTY PERFORMED BY RESERVE AND 

GUARD MEMBERS TO BE TREATED AS INACTIVE-DUTY 

TRAINING FOR CERTAIN PURPOSES. 

(a) RESERVE MEMBERS.—Section 12503(a) of title 10, United 

States Code, is amended by adding at the end the following new 

sentence: ‘‘Performance of funeral honors duty by a Reserve not 

on active duty shall be treated as inactive-duty training (including 

with respect to travel to and from such duty) for purposes of 

any provision of law other than sections 206 and 435 of title 

37.’’. 

(b) NATIONAL GUARD MEMBERS.—Section 115(a) of title 32, 

United States Code, is amended by adding at the end the following 

new sentence: ‘‘Performance of funeral honors duty by such a 

115 STAT. 1120 PUBLIC LAW 107–107—DEC. 28, 2001
 

Applicability. 

10 USC 12503 

note. 

member not on active duty or full-time National Guard duty shall 

be treated as inactive-duty training (including with respect to travel 

to and from such duty) for purposes of any provision of law other 

than sections 206 and 435 of title 37.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to funeral honors duty performed on or after October 

30, 2000. 

SEC. 563. USE OF MILITARY LEAVE FOR FUNERAL HONORS DUTY BY 

RESERVE MEMBERS AND NATIONAL GUARDSMEN. 

Section 6323(a)(1) of title 5, United States Code, is amended 

by inserting ‘‘funeral honors duty (as described in section 12503 

of title 10 and section 115 of title 32),’’ after ‘‘(as defined in section 

101 of title 37),’’. 

SEC. 564. AUTHORITY TO PROVIDE APPROPRIATE ARTICLES OF 

CLOTHING AS A CIVILIAN UNIFORM FOR CIVILIANS 

PARTICIPATING IN FUNERAL HONOR DETAILS. 

Section 1491(d) of title 10, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(3) Articles of clothing for members of a veterans organization or other organization referred to in subsection (b)(2) that, 

as determined by the Secretary concerned, are appropriate 

as a civilian uniform for persons participating in a funeral 

honors detail.’’. 

Subtitle H—Military Spouses and Family
 

Members
 

SEC. 571. IMPROVED FINANCIAL AND OTHER ASSISTANCE TO MILITARY SPOUSES FOR JOB TRAINING AND EDUCATION. 

(a) EXAMINATION OF EXISTING EMPLOYMENT ASSISTANCE PROGRAMS.—(1) The Secretary of Defense shall examine existing 

Department of Defense and other Federal, State, and nongovernmental programs with the objective of improving retention of military personnel by increasing the employability of military spouses 

and assisting those spouses in gaining access to financial and other 

assistance for job training and education. 

(2) In conducting the examination, the Secretary shall give 

priority to facilitating and increasing access of military spouses 

to existing Department of Defense, Federal, State, and nongovernmental sources for the types of financial assistance set forth in 

paragraph (3), but shall also specifically assess whether the Department of Defense should begin a program for direct financial assistance to military spouses for some or all of those types of assistance 

and whether such a program of direct financial assistance would 

enhance retention. 

(3) In conducting the examination pursuant to paragraph (1), 

the Secretary should focus on financial assistance for military 

spouses for one or more of the following purposes: 

(A) Career-related education. 

(B) Certification and license fees for employment-related 

purposes. 

(C) Apprenticeships and internships. 

(D) Technical training. 

(E) Training to improve job skills. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1121
 

(F) Career counseling. 

(G) Skills assessment. 

(H) Job-search skills. 

(I) Job-related transportation. 

(J) Child care. 

(K) Any additional employment-related purpose specified 

by the Secretary for the purposes of the examination under 

paragraph (1). 

(4) Not later than March 30, 2002, the Secretary of Defense 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report on the results of the examination under paragraph 

(1). 

(b) REVIEW OF DEPARTMENT OF DEFENSE POLICIES.—(1) The 

Secretary of Defense shall review Department of Defense policies 

that affect employment and education opportunities for military 

spouses in the Department of Defense in order to further expand 

those opportunities. The review shall include the consideration of 

providing, to the extent authorized by law, separate spouse preferences for employment by appropriated and nonappropriated fund 

operations. 

(2) Not later than March 30, 2002, the Secretary of Defense 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report on the results of the review under paragraph (1). 

(c) SPOUSE EMPLOYMENT ASSISTANCE.—Section 1784 of title 

10, United States Code, is amended by adding at the end the 

following new subsections: 

‘‘(d) SPACE-AVAILABLE USE OF FACILITIES FOR SPOUSE TRAINING 

PURPOSES.—Under regulations prescribed by the Secretary of 

Defense, the Secretary of a military department may make available 

to a non-Department of Defense entity space in non-excess facilities 

controlled by that Secretary for the purpose of the non-Department 

of Defense entity providing employment-related training for military 

spouses. 

‘‘(e) EMPLOYMENT BY OTHER FEDERAL AGENCIES.—The Secretary of Defense shall work with the Director of the Office of 

Personnel Management and the heads of other Federal departments 

and agencies to expand and facilitate the use of existing Federal 

programs and resources in support of military spouse employment. 

‘‘(f) PRIVATE-SECTOR EMPLOYMENT.—The Secretary of Defense— 

‘‘(1) shall seek to develop partnerships with firms in the 

private sector to enhance employment opportunities for spouses 

of members of the armed forces and to provide for improved 

job portability for such spouses, especially in the case of the 

spouse of a member of the armed forces accompanying the 

member to a new geographical area because of a change of 

permanent duty station of the member; and 

‘‘(2) shall work with the United States Chamber of Commerce and other appropriate private-sector entities to facilitate 

the formation of such partnerships. 

‘‘(g) EMPLOYMENT WITH DOD CONTRACTORS.—The Secretary 

of Defense shall examine and seek ways for incorporating hiring 

preferences for qualified spouses of members of the armed forces 

into contracts between the Department of Defense and privatesector entities.’’. 

Deadline. 

Reports. 

Deadline. 

Reports. 

Regulations. 

115 STAT. 1122 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 572. PERSONS AUTHORIZED TO BE INCLUDED IN SURVEYS OF 

MILITARY FAMILIES REGARDING FEDERAL PROGRAMS. 

(a) EXTENSION OF SURVEY AUTHORITY.—Subsection (a) of section 

1782 of title 10, United States Code, is amended to read as follows: 

‘‘(a) AUTHORITY.—The Secretary of Defense, in order to determine the effectiveness of Federal programs relating to military 

families and the need for new programs, may conduct surveys 

of— 

‘‘(1) members of the armed forces who are on active duty, 

in an active status, or retired; 

‘‘(2) family members of such members; and 

‘‘(3) survivors of deceased retired members and of members 

who died while on active duty.’’. 

(b) FEDERAL RECORDKEEPING REQUIREMENTS.—Subsection (c) 

of such section is amended to read as follows: 

‘‘(c) FEDERAL RECORDKEEPING REQUIREMENTS.—With respect 

to a survey authorized under subsection (a) that includes a person 

referred to in that subsection who is not an employee of the United 

States or is not otherwise considered an employee of the United 

States for the purposes of section 3502(3)(A)(i) of title 44, the 

person shall be considered as being an employee of the United 

States for the purposes of that section.’’. 

SEC. 573. CLARIFICATION OF TREATMENT OF CLASSIFIED INFORMATION CONCERNING PERSONS IN A MISSING STATUS. 

Section 1506(b)(2) of title 10, United States Code, is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

(2) by striking the period at the end and inserting ‘‘of 

all missing persons from the conflict or period of war to which 

the classified information pertains.’’; and 

(3) by adding at the end the following new subparagraph: 

‘‘(B) For purposes of subparagraph (A), information shall be 

considered to be made reasonably accessible if placed in a separate 

and distinct file that is available for review by persons specified 

in subparagraph (A) upon the request of any such person either 

to review the separate file or to review the personnel file of the 

missing person concerned.’’. 

SEC. 574. TRANSPORTATION TO ANNUAL MEETING OF NEXT-OF-KIN 

OF PERSONS UNACCOUNTED FOR FROM CONFLICTS 

AFTER WORLD WAR II. 

(a) AUTHORITY FOR DEPARTMENT OF DEFENSE TO PROVIDE 

TRANSPORTATION.—Chapter 157 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 2647. Next-of-kin of persons unaccounted for from conflicts after World War II: transportation to annual

meetings 

‘‘The Secretary of Defense may provide transportation for the 

next-of-kin of persons who are unaccounted for from the Korean 

conflict, the Cold War, Vietnam War era, or the Persian Gulf 

War to and from an annual meeting in the United States. Such 

transportation shall be provided under such regulations as the 

Secretary of Defense may prescribe.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1123
 

‘‘2647. Next-of-kin of persons unaccounted for from conflicts after World War II: 

transportation to annual meetings.’’. 

SEC. 575. AMENDMENTS TO CHARTER OF DEFENSE TASK FORCE ON 

DOMESTIC VIOLENCE. 

(a) MEMBERS APPOINTED FROM PRIVATE SECTOR.—Subsection 

(h)(1) of section 591 of the National Defense Authorization Act 

for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 639; 10 U.S.C. 

1562 note) is amended— 

(1) by inserting ‘‘who is a member of the Armed Forces 

or civilian officer or employee of the United States’’ after ‘‘Each 

member of the task force’’; 

(2) by striking ‘‘, but shall’’ and all that follows and 

inserting a period; and 

(3) by adding at the end the following new sentence: ‘‘Other 

members of the task force shall be appointed in accordance 

with, and subject to, section 3161 of title 5, United States 

Code.’’. 

(b) EXTENSION OF TERMINATION DATE.—Subsection (j) of such 

section is amended by striking ‘‘three years after the date of the 

enactment of this Act’’ and inserting ‘‘on April 24, 2003’’. 

Subtitle I—Military Justice and Legal 

Assistance Matters 

SEC. 581. BLOOD ALCOHOL CONTENT LIMIT FOR THE OFFENSE 

UNDER THE UNIFORM CODE OF MILITARY JUSTICE OF 

DRUNKEN OPERATION OF A VEHICLE, AIRCRAFT, OR 

VESSEL. 

Section 911 of title 10, United States Code (article 111 of 

the Uniform Code of Military Justice), is amended— 

(1) by inserting ‘‘(a)’’ before ‘‘Any person’’; 

(2) by striking ‘‘0.10 grams’’ the first place it appears and 

all that follows through ‘‘chemical analysis’’ and inserting ‘‘in 

excess of the applicable limit under subsection (b)’’; and 

(3) by adding at the end the following: 

‘‘(b)(1) For purposes of subsection (a), the applicable limit on 

the alcohol concentration in a person’s blood or breath is as follows: 

‘‘(A) In the case of the operation or control of a vehicle, 

aircraft, or vessel in the United States, such limit is the blood 

alcohol content limit under the law of the State in which 

the conduct occurred, except as may be provided under paragraph (2) for conduct on a military installation that is in 

more than one State and subject to the maximum blood alcohol 

content limit specified in paragraph (3). 

‘‘(B) In the case of the operation or control of a vehicle, 

aircraft, or vessel outside the United States, the applicable 

blood alcohol content limit is the maximum blood alcohol content limit specified in paragraph (3) or such lower limit as 

the Secretary of Defense may by regulation prescribe. 

‘‘(2) In the case of a military installation that is in more 

than one State, if those States have different blood alcohol content 

limits under their respective State laws, the Secretary may select 

one such blood alcohol content limit to apply uniformly on that 

installation. 

115 STAT. 1124 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(3) For purposes of paragraph (1), the maximum blood alcohol 

content limit with respect to alcohol concentration in a person’s 

blood is 0.10 grams of alcohol per 100 milliliters of blood and 

with respect to alcohol concentration in a person’s breath is 0.10 

grams of alcohol per 210 liters of breath, as shown by chemical 

analysis. 

‘‘(4) In this subsection: 

‘‘(A) The term ‘blood alcohol content limit’ means the maximum permissible alcohol concentration in a person’s blood 

or breath for purposes of operation or control of a vehicle, 

aircraft, or vessel. 

‘‘(B) The term ‘United States’ includes the District of 

Columbia, the Commonwealth of Puerto Rico, the Virgin 

Islands, Guam, and American Samoa and the term ‘State’ 

includes each of those jurisdictions.’’. 

SEC. 582. REQUIREMENT THAT COURTS-MARTIAL CONSIST OF NOT 

LESS THAN 12 MEMBERS IN CAPITAL CASES. 

(a) CLASSIFICATION OF GENERAL COURT-MARTIAL IN CAPITAL 

CASES.—Section 816(1)(A) of title 10, United States Code (article 

16(1)(A) of the Uniform Code of Military Justice) is amended by 

inserting after ‘‘five members’’ the following: ‘‘or, in a case in which 

the accused may be sentenced to a penalty of death, the number 

of members determined under section 825a of this title (article 

25a)’’. 

(b) NUMBER OF MEMBERS REQUIRED.—(1) Chapter 47 of title 

10, United States Code (the Uniform Code of Military Justice), 

is amended by inserting after section 825 (article 25) the following 

new section: 

‘‘§ 825a. Art. 25a. Number of members in capital cases 

‘‘In a case in which the accused may be sentenced to a penalty 

of death, the number of members shall be not less than 12, unless 

12 members are not reasonably available because of physical conditions or military exigencies, in which case the convening authority 

shall specify a lesser number of members not less than five, and 

the court may be assembled and the trial held with not less than 

the number of members so specified. In such a case, the convening 

authority shall make a detailed written statement, to be appended 

to the record, stating why a greater number of members were 

not reasonably available.’’. 

(2) The table of sections at the beginning of subchapter V 

of such chapter is amended by inserting after the item relating 

to section 825 (article 25) the following new item: 

‘‘825a. 25a. Number of members in capital cases.’’. 

(c) ABSENT AND ADDITIONAL MEMBERS.—Section 829(b) of such 

title (article 29 of the Uniform Code of Military Justice) is 

amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; 

(2) by striking ‘‘five members’’ both places it appears and 

inserting ‘‘the applicable minimum number of members’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) In this section, the term ‘applicable minimum number 

of members’ means five members or, in a case in which the death 

penalty may be adjudged, the number of members determined under 

section 825a of this title (article 25a).’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1125
 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall apply with respect to offenses committed after December 

31, 2002. 

SEC. 583. ACCEPTANCE OF VOLUNTARY LEGAL ASSISTANCE FOR THE 

CIVIL AFFAIRS OF MEMBERS AND FORMER MEMBERS OF 

THE UNIFORMED SERVICES AND THEIR DEPENDENTS. 

(a) AUTHORITY.—Subsection (a) of section 1588 of title 10, 

United States Code, is amended by adding at the end the following 

new paragraph: ‘‘(5) Legal services voluntarily provided as legal assistance 

under section 1044 of this title.’’. (b) DEFENSE OF LEGAL MALPRACTICE.—Subsection (d)(1) of that 

section is amended by adding at the end the following new subparagraph: ‘‘(E) Section 1054 of this title (relating to legal malpractice), 

for a person voluntarily providing legal services accepted under 

subsection (a)(5), as if the person were providing the services 

as an attorney of a legal staff within the Department of 

Defense.’’. 

Subtitle J—Other Matters 

SEC. 591. CONGRESSIONAL REVIEW PERIOD FOR CHANGE IN GROUND 

COMBAT EXCLUSION POLICY. 

Section 542(b) of the National Defense Authorization Act for 

Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 113 note) is 

amended— 

(1) in paragraph (1)— (A) by striking ‘‘not less than 90 days’’; and 

(B) by adding at the end the following new sentence: ‘‘Such a change may then be implemented only after the 

end of a period of 30 days of continuous session of Congress 

(excluding any day on which either House of Congress 

is not in session) following the date on which the report 

is received.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(5) For purposes of this subsection, the continuity of a session 

of Congress is broken only by an adjournment of the Congress 

sine die.’’. 

SEC. 592. PER DIEM ALLOWANCE FOR LENGTHY OR NUMEROUS 

DEPLOYMENTS. 

(a) FUNDING SOURCE FOR ALLOWANCE.—Section 436(a) of title 

37, United States Code, is amended by adding at the end the 

following new sentence: ‘‘The Secretary shall pay the allowance 

from appropriations available for operation and maintenance for 

the armed force in which the member serves.’’. 

(b) EXPANDED REPORT REGARDING MANAGEMENT OF INDIVIDUAL 

MEMBER DEPLOYMENTS.—Section 574(d) of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–138) is amended 

in the second sentence by striking paragraphs (1) and (2) and 

inserting the following new paragraphs: 

‘‘(1) a discussion of the experience in tracking and recording 

the deployments of members of the Armed Forces and the 

payment of the per diem allowance for lengthy or numerous 

10 USC 816 note. 

10 USC 991 note. 

115 STAT. 1126 PUBLIC LAW 107–107—DEC. 28, 2001
 

Applicability. 

10 USC 1212 

note. 

Applicability. 

10 USC 2634 

note. 

deployments in accordance with section 436 of title 37, United 

States Code; ‘‘(2) specific comments regarding the effect of section 991 

of title 10, United States Code, and section 436 of title 37, 

United States Code, on the readiness of the Navy and Marine 

Corps given the deployment intensive mission of these services; 

and 

‘‘(3) any recommendations for revision of section 991 of 

title 10, United States Code, or section 436 of title 37, United 

States Code, that the Secretary considers appropriate.’’. 

SEC. 593. CLARIFICATION OF DISABILITY SEVERANCE PAY COMPUTATION. 

(a) CLARIFICATION.—Section 1212(a)(2) of title 10, United States 

Code, is amended by striking ‘‘for promotion’’ in subparagraph 

(C) and the first place it appears in subparagraph (D). 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall apply with respect to members separated under section 

1203 or 1206 of title 10, United States Code, on or after date 

of the enactment of this Act. 

SEC. 594. TRANSPORTATION OR STORAGE OF PRIVATELY OWNED 

VEHICLES ON CHANGE OF PERMANENT STATION. 

(a) ADVANCE PAYMENT OF STORAGE COSTS.—Subsection (b) of 

section 2634 of title 10, United States Code, is amended by adding 

at the end the following new paragraph: 

‘‘(4) Storage costs payable under this subsection may be paid 

in advance.’’. 

(b) SHIPMENT ON PERMANENT CHANGE OF STATION WITHIN 

CONUS.—Subsection (h)(1) of such section is amended by striking 

‘‘includes’’ in the second sentence and all that follows and inserting 

‘‘includes the following: 

‘‘(A) An authorized change in home port of a vessel. 

‘‘(B) A transfer or assignment between two permanent 

stations in the continental United States when— 

‘‘(i) the member cannot, because of injury or the 

conditions of the order, drive the motor vehicle between 

the permanent duty stations; or 

‘‘(ii) the Secretary concerned determines that it 

is advantageous and cost-effective to the United States 

for one motor vehicle of the member to be transported 

between the permanent duty stations.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

apply to orders to make a change of permanent station that are 

issued on or after the date of the enactment of this Act. 

SEC. 595. REPEAL OF REQUIREMENT FOR FINAL COMPTROLLER GENERAL REPORT RELATING TO ARMY END STRENGTH 

ALLOCATIONS. 

Section 552 of the National Defense Authorization Act for Fiscal 

Year 1996 (Public Law 104–106; 110 Stat. 319; 10 U.S.C. 115 

note) is repealed. 

SEC. 596. CONTINUED DEPARTMENT OF DEFENSE ADMINISTRATION 

OF NATIONAL GUARD CHALLENGE PROGRAM AND 

DEPARTMENT OF DEFENSE STARBASE PROGRAM. 

(a) NATIONAL GUARD CHALLENGE PROGRAM.—Section 509(b) of 

title 32, United States Code, is amended— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1127
 

(1) in paragraph (2)(A), by striking ‘‘in a fiscal year’’ and 

inserting ‘‘in fiscal year 2001 or 2002’’; and 

(2) by adding at the end the following new paragraph: ‘‘(4) The Secretary of Defense shall remain the executive agent 

to carry out the National Guard Challenge Program regardless 

of the source of funds for the program or any transfer of jurisdiction 

over the program within the executive branch. As provided in 

subsection (a), the Secretary may use the National Guard to conduct 

the program.’’. (b) STARBASE PROGRAM.—Section 2193b(f) of title 10, United 

States Code, is amended— (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; and 

(2) by adding at the end the following new paragraph: ‘‘(2) The Secretary of Defense shall remain the executive agent 

to carry out the program regardless of the source of funds for 

the program or any transfer of jurisdiction over the program within 

the executive branch.’’. (c) REPEAL OF CONTINGENT FUNDING FOR JROTC.—(1) Section 

2033 of title 10, United States Code, is repealed. 

(2) The table of sections at the beginning of chapter 102 of 

such title is amended by striking the item relating to section 2033. 

(3) The amendments made by this subsection shall take effect 

on October 1, 2002. 

SEC. 597. REPORT ON DEFENSE SCIENCE BOARD RECOMMENDATION 

ON ORIGINAL APPOINTMENTS IN REGULAR GRADES FOR 

ACADEMY GRADUATES AND CERTAIN OTHER NEW OFFICERS. 

The Secretary of Defense shall submit to the Committee on 

Armed Services of the Senate and the Committee on Armed Services 

of the House of Representatives a report on the legislative and 

policy changes required to implement the recommendation of the 

Defense Science Board (made in its report entitled ‘‘Final Report 

on Human Resources Strategy’’ and dated February 28, 2000) that 

all officers be given initial regular commissions. The Secretary 

shall include in that report a description of the measures necessary 

to transition the current active-duty officer corps to an all-regular 

status, if the Board’s recommendation were adopted, and shall 

provide the Secretary’s position with regard to implementing that 

recommendation. The report shall be submitted not later than six 

months after the date of the enactment of this Act. 

SEC. 598. SENSE OF CONGRESS REGARDING THE SELECTION OF OFFICERS FOR RECOMMENDATION FOR APPOINTMENT AS 

COMMANDER, UNITED STATES TRANSPORTATION COMMAND. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99–433) envisioned that officers would be selected for recommendation to the President 

for appointment as the commander of a combatant command 

under chapter 6 of title 10, United States Code (as added 

by that Act), on the basis of being the best qualified officer 

for that position, rather than the best qualified officer of the 

armed force that had historically supplied officers to serve 

in that position. 

(2) In order to provide for greater competition among the 

Armed Forces for selection of officers for assignment as the 

Effective date. 

10 USC 2033 

note. 

Deadline. 

115 STAT. 1128 PUBLIC LAW 107–107—DEC. 28, 2001
 

commanders of the combatant commands and assignment to 

certain other joint positions in the grade of general or admiral, 

Congress provided temporary relief from the limitation on the 

number of officers serving on active duty in the grade of general 

or admiral in section 405 of the National Defense Authorization 

Act for Fiscal Year 1995 and thereafter extended that relief 

until September 30, 2003, but has also required that the Secretary of Defense be furnished the name of at least one officer 

from each of the Armed Forces for consideration for appointment to each such position. 

(3) Most of the positions of commanders of the combatant 

commands have been filled successively by officers of more 

than one of the Armed Forces since the enactment of the 

Goldwater-Nichols Department of Defense Reorganization Act 

of 1986. 

(4) However, general officers of the Air Force with only 

limited experience in the transportation services have usually 

filled the position of commander of the United States Transportation Command. 

(5) The United States Transportation Command could benefit from the appointment of future commanders selected from 

the Army, Navy and Marine Corps, in addition to the Air 

Force. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Defense, when considering officers for recommendation to the President for appointment as commander of the United 

States Transportation Command, should not rely upon officers of 

one service which has traditionally provided officers to fill that 

position but should select for such recommendation the best qualified officer of the Army, Navy, Air Force, or Marine Corps. 

TITLE VI—COMPENSATION AND OTHER 

PERSONNEL BENEFITS 

Subtitle A—Pay and Allowances 

Sec. 601. Increase in basic pay for fiscal year 2002.

Sec. 602. Basic pay rate for certain reserve commissioned officers with prior service 

as an enlisted member or warrant officer. 

Sec. 603. Reserve component compensation for distributed learning activities performed as inactive-duty training. Sec. 604. Subsistence allowances. 

Sec. 605. Eligibility for temporary housing allowance while in travel or leave status 

between permanent duty stations. Sec. 606. Uniform allowance for officers. 

Sec. 607. Family separation allowance for members electing unaccompanied tour by 

reason of health limitations of dependents. 

Subtitle B—Bonuses and Special and Incentive Pays 

Sec. 611. One-year extension of certain bonus and special pay authorities for reserve forces. 

Sec. 612. One-year extension of certain bonus and special pay authorities for nurse 

officer candidates, registered nurses, and nurse anesthetists. Sec. 613. One-year extension of special pay and bonus authorities for nuclear officers. Sec. 614. One-year extension of other bonus and special pay authorities.

Sec. 615. Hazardous duty pay for members of maritime visit, board, search, and 

seizure teams. 

Sec. 616. Eligibility for certain career continuation bonuses for early commitment 

to remain on active duty. Sec. 617. Secretarial discretion in prescribing submarine duty incentive pay rates.

Sec. 618. Conforming accession bonus for dental officers authority with authorities 

for other special pay and bonuses. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1129
 

Sec. 619. Modification of eligibility requirements for Individual Ready Reserve 

bonus for reenlistment, enlistment, or extension of enlistment. 

Sec. 620. Installment payment authority for 15-year career status bonus. 

Sec. 621. Accession bonus for new officers in critical skills. 

Sec. 622. Education savings plan to encourage reenlistments and extensions of 

service in critical specialties. 

Sec. 623. Continuation of payment of special and incentive pay at unreduced rates 

during stop loss periods. 

Sec. 624. Retroactive authorization for imminent danger pay for service in connection with Operation Enduring Freedom. 

Subtitle C—Travel and Transportation Allowances 

Sec. 631. Minimum per diem rate for travel and transportation allowance for travel 

performed upon a change of permanent station and certain other travel. 

Sec. 632. Eligibility for payment of subsistence expenses associated with occupancy 

of temporary lodging incident to reporting to first permanent duty station. 

Sec. 633. Reimbursement of members for mandatory pet quarantine fees for household pets. 

Sec. 634. Increased weight allowance for transportation of baggage and household 

effects for junior enlisted members. 

Sec. 635. Eligibility of additional members for dislocation allowance. 

Sec. 636. Partial dislocation allowance authorized for housing moves ordered for 

Government convenience. 

Sec. 637. Allowances for travel performed in connection with members taking authorized leave between consecutive overseas tours. 

Sec. 638. Travel and transportation allowances for family members to attend burial 

of a deceased member of the uniformed services. 

Sec. 639. Funded student travel for foreign study under an education program approved by a United States school. 

Subtitle D—Retirement and Survivor Benefit Matters 

Sec. 641. Contingent authority for concurrent receipt of military retired pay and 

veterans’ disability compensation and enhancement of special compensation authority. 

Sec. 642. Survivor Benefit Plan annuities for surviving spouses of members who die 

while on active duty and not eligible for retirement. 

Subtitle E—Other Matters 

Sec. 651. Payment for unused leave in excess of 60 days accrued by members of reserve components on active duty for one year or less. 

Sec. 652. Additional authority to provide assistance for families of members of the 

Armed Forces. 

Sec. 653. Authorization of transitional compensation and commissary and exchange 

benefits for dependents of commissioned officers of the Public Health 

Service and the National Oceanic and Atmospheric Administration who 

are separated for dependent abuse. 

Sec. 654. Transfer of entitlement to educational assistance under Montgomery GI 

Bill by members of the Armed Forces with critical military skills. 

Subtitle A—Pay and Allowances 

SEC. 601. INCREASE IN BASIC PAY FOR FISCAL YEAR 2002.	 31 USC 1009 

note. (a) WAIVER OF SECTION 1009 ADJUSTMENT.—The adjustment 

to become effective during fiscal year 2002 required by section 

1009 of title 37, United States Code, in the rates of monthly basic 

pay authorized members of the uniformed services shall not be 

made. 

115 STAT. 1130 PUBLIC LAW 107–107—DEC. 28, 2001
 

Effective date. (b) INCREASE IN BASIC PAY.—Effective on January 1, 2002, 

the rates of monthly basic pay for members of the uniformed services within each pay grade are as follows: 

COMMISSIONED OFFICERS 1 

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6 

O–10 2 

O–9 .... 

O–8 .... 

O–7 .... 

O–6 .... 

O–5 .... 

O–4 .... 

O–3 3 

O–2 3 

O–1 3 

O–10 2 

$0.00 

0.00 

7,180.20 

5,966.40 

4,422.00 

3,537.00 

3,023.70 

2,796.60 

2,416.20 

2,097.60 

$0.00 

0.00 

7,415.40 

6,371.70 

4,857.90 

4,152.60 

3,681.90 

3,170.40 

2,751.90 

2,183.10 

$0.00 

0.00 

7,571.10 

6,371.70 

5,176.80 

4,440.30 

3,927.60 

3,421.80 

3,169.50 

2,638.50 

$0.00 

0.00 

7,614.90 

6,418.20 

5,176.80 

4,494.30 

3,982.50 

3,698.70 

3,276.30 

2,638.50 

$0.00 

0.00 

7,809.30 

6,657.90 

5,196.60 

4,673.10 

4,210.50 

3,875.70 

3,344.10 

2,638.50 

Over 8 Over 10 Over 12 Over 14 Over 16 

$0.00 $0.00 $0.00 $0.00 $0.00 

O–9 .... 0.00 0.00 0.00 0.00 0.00 

O–8 .... 8,135.10 8,210.70 8,519.70 8,608.50 8,874.30 

O–7 .... 6,840.30 7,051.20 7,261.80 7,472.70 8,135.10 

O–6 .... 5,418.90 5,448.60 5,448.60 5,628.60 6,305.70 

O–5 .... 4,673.10 4,813.50 5,073.30 5,413.50 5,755.80 

O–4 .... 4,395.90 4,696.20 4,930.20 5,092.50 5,255.70 

O–3 3 4,070.10 4,232.40 4,441.20 4,549.50 4,549.50 

O–2 3 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10 

O–1 3 

O–10 2 

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 

$0.00 $11,601.90 $11,659.20 $11,901.30 $12,324.00 

O–9 .... 0.00 10,147.50 10,293.60 10,504.80 10,873.80 

O–8 .... 9,259.50 9,614.70 9,852.00 9,852.00 9,852.00 

O–7 .... 8,694.90 8,694.90 8,694.90 8,694.90 8,738.70 

O–6 .... 6,627.00 6,948.30 7,131.00 7,316.10 7,675.20 

O–5 .... 5,919.00 6,079.80 6,262.80 6,262.80 6,262.80 

O–4 .... 5,310.60 5,310.60 5,310.60 5,310.60 5,310.60 

O–3 3 4,549.50 4,549.50 4,549.50 4,549.50 4,549.50 

O–2 3 3,344.10 3,344.10 3,344.10 3,344.10 3,344.10 

O–1 3 2,638.50 2,638.50 2,638.50 2,638.50 2,638.50 

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 

commissioned officers in pay grades O–7 through O–10 may not exceed the rate of pay for level 

III of the Executive Schedule and the actual rate of basic pay for all other officers may not exceed the rate of pay for level V of the Executive Schedule. 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. 3 This 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. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1131 

COMMISSIONED OFFICERS WITH OVER 4 YEARS OF ACTIVE DUTY
 

SERVICE AS AN ENLISTED MEMBER OR WARRANT OFFICER
 

Years of service computed under section 205 of title 37, United States Code
 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6 

O–3E $0.00 $0.00 $0.00 $3,698.70 $3,875.70 

O–2E 0.00 0.00 0.00 3,276.30 3,344.10 

O–1E 0.00 0.00 0.00 2,638.50 2,818.20 

Over 8 Over 10 Over 12 Over 14 Over 16 

O–3E $4,070.10 $4,232.40 $4,441.20 $4,617.00 $4,717.50 

O–2E 3,450.30 3,630.00 3,768.90 3,872.40 3,872.40 

O–1E 2,922.30 3,028.50 3,133.20 3,276.30 3,276.30 

Over 18 Over 20 Over 22 Over 24 Over 26 

O–3E $4,855.20 $4,855.20 $4,855.20 $4,855.20 $4,855.20 

O–2E 3,872.40 3,872.40 3,872.40 3,872.40 3,872.40 

O–1E 3,276.30 3,276.30 3,276.30 3,276.30 3,276.30 

WARRANT OFFICERS 1 

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6 

W–5 ... 

W–4 ... 

W–3 ... 

W–2 ... 

W–1 ... 

W–5 ... 

$0.00 

2,889.60 

2,638.80 

2,321.40 

2,049.90 

$0.00 

3,108.60 

2,862.00 

2,454.00 

2,217.60 

$0.00 

3,198.00 

2,862.00 

2,569.80 

2,330.10 

$0.00 

3,285.90 

2,898.90 

2,654.10 

2,402.70 

$0.00 

3,437.10 

3,017.40 

2,726.40 

2,511.90 

Over 8 Over 10 Over 12 Over 14 Over 16 

$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 ... 

W–5 ... 

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 

$0.00 $4,965.60 $5,136.00 $5,307.00 $5,478.60 

W–4 ... 4,334.40 4,480.80 4,632.60 4,782.00 4,935.30 

W–3 ... 3,828.60 3,963.60 4,098.30 4,233.30 4,368.90 

W–2 ... 3,438.90 3,559.80 3,680.10 3,801.30 3,801.30 

W–1 ... 3,189.90 3,275.10 3,275.10 3,275.10 3,275.10 

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 

warrant officers may not exceed the rate of pay for level V of the Executive Schedule. 

115 STAT. 1132 PUBLIC LAW 107–107—DEC. 28, 2001 

ENLISTED MEMBERS 1 

Years of service computed under section 205 of title 37, United States Code 

Pay 

Grade 2 or less Over 2 Over 3 Over 4 Over 6 

E–9 2 .. 

E–8 .... 

E–7 .... 

E–6 .... 

E–5 .... 

E–4 .... 

E–3 .... 

E–2 .... 

E–1 .... 

E–9 2 .. 

$0.00 

0.00 

1,986.90 

1,701.00 

1,561.50 

1,443.60 

1,303.50 

1,239.30 

3 1,105.50 

$0.00 

0.00 

2,169.00 

1,870.80 

1,665.30 

1,517.70 

1,385.40 

1,239.30 

1,105.50 

$0.00 

0.00 

2,251.50 

1,953.60 

1,745.70 

1,599.60 

1,468.50 

1,239.30 

1,105.50 

$0.00 

0.00 

2,332.50 

2,033.70 

1,828.50 

1,680.30 

1,468.50 

1,239.30 

1,105.50 

$0.00 

0.00 

2,417.40 

2,117.40 

1,912.80 

1,752.30 

1,468.50 

1,239.30 

1,105.50 

Over 8 Over 10 Over 12 Over 14 Over 16 

$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 .... 

E–9 2 .. 

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 

$3,830.40 $3,944.10 $4,098.30 $4,251.30 $4,467.00 

E–8 .... 3,314.70 3,420.30 3,573.00 3,724.80 3,937.80 

E–7 .... 2,975.10 3,057.30 3,200.40 3,292.80 3,526.80 

E–6 .... 2,602.80 2,602.80 2,602.80 2,602.80 2,602.80 

E–5 .... 2,193.30 2,193.30 2,193.30 2,193.30 2,193.30 

E–4 .... 1,752.30 1,752.30 1,752.30 1,752.30 1,752.30 

E–3 .... 1,468.50 1,468.50 1,468.50 1,468.50 1,468.50 

E–2 .... 1,239.30 1,239.30 1,239.30 1,239.30 1,239.30 

E–1 .... 1,105.50 1,105.50 1,105.50 1,105.50 1,105.50 

1 Notwithstanding the basic pay rates specified in this table, the actual rate of basic pay for 

enlisted members may not exceed the rate of pay for level V of the Executive Schedule. 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. 

SEC. 602. BASIC PAY RATE FOR CERTAIN RESERVE COMMISSIONED 

OFFICERS WITH PRIOR SERVICE AS AN ENLISTED MEMBER 

OR WARRANT OFFICER. 

(a) SERVICE CREDIT.—Section 203(d) of title 37, United States 

Code, is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; 

(2) by striking ‘‘active service as a warrant officer or as 

a warrant officer and an enlisted member’’ and inserting 

‘‘service described in paragraph (2)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) Service to be taken into account for purposes of computing 

basic pay under paragraph (1) is as follows: 

‘‘(A) Active service as a warrant officer or as a warrant 

officer and an enlisted member, in the case of— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1133
 

‘‘(i) a commissioned officer on active duty who is paid 

from funds appropriated for active-duty personnel; or ‘‘(ii) a commissioned officer on active Guard and 

Reserve duty. 

‘‘(B) In the case of a commissioned officer (not referred 

to in subparagraph (A)(ii)) who is paid from funds appropriated 

for reserve personnel, service as a warrant officer, or as a 

warrant officer and enlisted member, for which at least 1,460 

points have been credited to the officer for the purposes of 

section 12732(a)(2) of title 10.’’. (b) APPLICATION OF AMENDMENTS.—The amendments made by 

subsection (a) shall apply with respect to months beginning on 

or after the date of the enactment of this Act. 

SEC. 603. RESERVE COMPONENT COMPENSATION FOR DISTRIBUTED 

LEARNING ACTIVITIES PERFORMED AS INACTIVE-DUTY 

TRAINING. 

(a) COMPENSATION AUTHORIZED.—Section 206(d) of title 37, 

United States Code, is amended— (1) by striking ‘‘This section’’ and inserting ‘‘(1) Except 

as provided in paragraph (2), this section’’; 

(2) by striking ‘‘an armed force’’ and inserting ‘‘a uniformed 

service’’; and 

(3) by adding at the end the following new paragraph: ‘‘(2) A member of the Selected Reserve of the Ready Reserve 

may be paid compensation under this section at a rate and under 

terms determined by the Secretary of Defense, but not to exceed 

the rate otherwise applicable to the member under subsection (a), 

upon the member’s successful completion of a course of instruction 

undertaken by the member using electronic-based distributed 

learning methodologies to accomplish training requirements related 

to unit readiness or mobilization, as directed for the member by 

the Secretary concerned. The compensation may be paid regardless 

of whether the course of instruction was under the direct control 

of the Secretary concerned or included the presence of an 

instructor.’’. (b) DEFINITION OF INACTIVE-DUTY TRAINING.—Section 101(22) 

of such title is amended by inserting after ‘‘but’’ the following: ‘‘(except as provided in section 206(d)(2) of this title)’’. 

SEC. 604. SUBSISTENCE ALLOWANCES. 

(a) BASELINE AMOUNT FOR CALCULATING ALLOWANCE FOR 

ENLISTED MEMBERS.—Section 402(b) of title 37, United States Code, 

is amended by adding at the end the following new paragraph: ‘‘(4) For purposes of implementing paragraph (2), the monthly 

rate of basic allowance for subsistence that was in effect for an 

enlisted member for calendar year 2001 is deemed to be $233.’’. (b) RATE FOR ENLISTED MEMBERS WHEN MESSING FACILITIES 

NOT AVAILABLE.—(1) Notwithstanding section 402 of title 37, United 

States Code, the Secretary of Defense, and the Secretary of 

Transportation with respect to the Coast Guard when it is not 

operating as a service in the Navy, may prescribe a rate of basic 

allowance for subsistence to apply to enlisted members of the uniformed services when messing facilities of the United States are 

not available. The rate may be higher than the rate of basic allowance for subsistence that would otherwise be applicable to the 

members under that section, but may not be higher than the 

highest rate that was in effect for enlisted members of the uniformed 

37 USC 203 note. 

37 USC 402 note. 

115 STAT. 1134 PUBLIC LAW 107–107—DEC. 28, 2001
 

Termination 

date. 

37 USC 402 note. 

37 USC 403 note. 

37 USC 416 note. 

services under those circumstances before the date of the enactment 

of this Act. 

(2) Paragraph (1) shall cease to be effective on the first day 

of the first month for which the basic allowance for subsistence 

calculated for enlisted members of the uniformed services under 

section 402 of title 37, United States Code, exceeds the rate of 

the basic allowance for subsistence prescribed under paragraph 

(1). 

(c) CONTINUATION OF BAS TRANSITIONAL AUTHORITY.—Notwithstanding the repeal of subsections (c) through (f) of section 602 

of the National Defense Authorization Act for Fiscal Year 1998 

(Public Law 105–85; 37 U.S.C. 402 note) by section 603(c) of the 

Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 

1654A–145), the basic allowance for subsistence shall be paid in 

accordance with such subsections for October, November, and 

December of 2001. 

(d) ELIGIBILITY FOR SUPPLEMENTAL SUBSISTENCE ALLOWANCE.— Section 402a(b)(1) of title 37, United States Code, is amended 

by inserting ‘‘with dependents’’ after ‘‘a member of the armed 

forces’’. 

SEC. 605. ELIGIBILITY FOR TEMPORARY HOUSING ALLOWANCE 

WHILE IN TRAVEL OR LEAVE STATUS BETWEEN PERMANENT DUTY STATIONS. 

(a) REPEAL OF PAY GRADE LIMITATION.—Section 403(i) of title 

37, United States Code, is amended by striking ‘‘who is in a pay 

grade E–4 (4 or more years of service) or above’’. 

(b) EFFECTIVE DATE; APPLICATION.—The amendment made by 

this section shall take effect on January 1, 2003, and apply to 

members of the uniformed services in a travel or leave status 

between permanent duty stations on or after that date. 

SEC. 606. UNIFORM ALLOWANCE FOR OFFICERS. 

(a) RELATION TO INITIAL UNIFORM ALLOWANCE.—Section 

416(b)(1) of title 37, United States Code, is amended by striking 

‘‘$200’’ and inserting ‘‘$400’’. (b) EFFECTIVE DATE.—The amendment made by this section 

shall take effect as of October 1, 2000. 

SEC. 607. FAMILY SEPARATION ALLOWANCE FOR MEMBERS 

ELECTING UNACCOMPANIED TOUR BY REASON OF 

HEALTH LIMITATIONS OF DEPENDENTS. 

(a) ENTITLEMENT TO ALLOWANCE.—Section 427(c) of title 37, 

United States Code, is amended— 

(1) by striking ‘‘A member’’ in the first sentence and 

inserting ‘‘(1) Except as provided in paragraph (2) or (3), a 

member’’; 

(2) in the second sentence, by striking ‘‘The Secretary concerned may waive the preceding sentence’’ and inserting the 

following: 

‘‘(3) The Secretary concerned may waive paragraph (1)’’; and 

(3) by inserting after the first sentence the following new 

paragraph: 

‘‘(2) The prohibition in the first sentence of paragraph (1) does 

not apply to a member who elects to serve an unaccompanied 

tour of duty because a dependent cannot accompany the member 

to or at that permanent station for certified medical reasons.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1135
 

(b) APPLICATION OF AMENDMENT.—Paragraph (2) of section 

427(c) of title 37, United States Code, as added by subsection 

(a)(3), shall apply with respect to pay periods beginning on or 

after January 1, 2002, for a member of the uniformed services 

covered by such paragraph regardless of the date on which the 

member first made the election to serve an unaccompanied tour 

of duty. 

Subtitle B—Bonuses and Special and 

Incentive Pays 

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR RESERVE FORCES. 

(a) SPECIAL PAY FOR HEALTH PROFESSIONALS IN CRITICALLY 

SHORT WARTIME SPECIALTIES.—Section 302g(f ) of title 37, United 

States Code, is amended by striking ‘‘December 31, 2001’’ and 

inserting ‘‘December 31, 2002’’. 

(b) SELECTED RESERVE REENLISTMENT BONUS.—Section 308b(f ) 

of such title is amended by striking ‘‘December 31, 2001’’ and 

inserting ‘‘December 31, 2002’’. 

(c) SELECTED RESERVE ENLISTMENT BONUS.—Section 308c(e) 

of such title is amended by striking ‘‘December 31, 2001’’ and 

inserting ‘‘December 31, 2002’’. 

(d) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED TO CERTAIN 

HIGH PRIORITY UNITS.—Section 308d(c) of such title is amended 

by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. 

(e) SELECTED RESERVE AFFILIATION BONUS.—Section 308e(e) 

of such title is amended by striking ‘‘December 31, 2001’’ and 

inserting ‘‘December 31, 2002’’. 

(f ) READY RESERVE ENLISTMENT AND REENLISTMENT BONUS.— 

Section 308h(g) of such title is amended by striking ‘‘December 

31, 2001’’ and inserting ‘‘December 31, 2002’’. 

(g) PRIOR SERVICE ENLISTMENT BONUS.—Section 308i(f ) of such 

title is amended by striking ‘‘December 31, 2001’’ and inserting 

‘‘December 31, 2002’’. 

(h) REPAYMENT OF EDUCATION LOANS FOR CERTAIN HEALTH 

PROFESSIONALS WHO SERVE IN THE SELECTED RESERVE.—Section 

16302(d) of title 10, United States Code, is amended by striking 

‘‘January 1, 2002’’ and inserting ‘‘January 1, 2003’’. 

SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND SPECIAL 

PAY AUTHORITIES FOR NURSE OFFICER CANDIDATES, 

REGISTERED NURSES, AND NURSE ANESTHETISTS. 

(a) NURSE OFFICER CANDIDATE ACCESSION PROGRAM.—Section 

2130a(a)(1) of title 10, United States Code, is amended by striking 

‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. 

(b) ACCESSION BONUS FOR REGISTERED NURSES.—Section 

302d(a)(1) of title 37, United States Code, is amended by striking 

‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. 

(c) INCENTIVE SPECIAL PAY FOR NURSE ANESTHETISTS.—Section 

302e(a)(1) of title 37, United States Code, is amended by striking 

‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. 

37 USC 427 note. 

115 STAT. 1136 PUBLIC LAW 107–107—DEC. 28, 2001
 

37 USC 301 note. 

SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND BONUS 

AUTHORITIES FOR NUCLEAR OFFICERS. 

(a) SPECIAL PAY FOR NUCLEAR-QUALIFIED OFFICERS EXTENDING 

PERIOD OF ACTIVE SERVICE.—Section 312(e) of such title is amended 

by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. (b) NUCLEAR CAREER ACCESSION BONUS.—Section 312b(c) of 

such title is amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. (c) NUCLEAR CAREER ANNUAL INCENTIVE BONUS.—Section 

312c(d) of such title is amended by striking ‘‘December 31, 2001’’ 

and inserting ‘‘December 31, 2002’’. 

SEC. 614. ONE-YEAR EXTENSION OF OTHER BONUS AND SPECIAL PAY 

AUTHORITIES. 

(a) AVIATION OFFICER RETENTION BONUS.—Section 301b(a) of 

title 37, United States Code, is amended by striking ‘‘December 

31, 2001’’ and inserting ‘‘December 31, 2002’’. (b) REENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 

308(g) of such title is amended by striking ‘‘December 31, 2001’’ 

and inserting ‘‘December 31, 2002’’. (c) ENLISTMENT BONUS FOR ACTIVE MEMBERS.—Section 309(e) 

of such title is amended by striking ‘‘December 31, 2001’’ and 

inserting ‘‘December 31, 2002’’. (d) RETENTION BONUS FOR MEMBERS WITH CRITICAL MILITARY 

SKILLS.—Section 323(i) of such title is amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December 31, 2002’’. 

SEC. 615. HAZARDOUS DUTY PAY FOR MEMBERS OF MARITIME VISIT, 

BOARD, SEARCH, AND SEIZURE TEAMS. 

(a) ADDITIONAL TYPE OF DUTY ELIGIBLE FOR PAY.—Section 

301(a) of title 37, United States Code, is amended— (1) in paragraph (10), by striking ‘‘or’’ at the end; 

(2) by redesignating paragraph (11) as paragraph (12); 

and 

(3) by inserting after paragraph (10) the following new 

paragraph: ‘‘(11) involving regular participation as a member of a 

team conducting visit, board, search, and seizure operations 

aboard vessels in support of maritime interdiction operations; 

or’’. (b) MONTHLY AMOUNT.—Subsection (c) of such section is 

amended— 

(1) in paragraph (1), by striking ‘‘(10)’’ and inserting ‘‘(11)’’; 

and 

(2) in paragraph (2)(A), by striking ‘‘(11)’’ and inserting ‘‘(12)’’. (c) APPLICATION OF AMENDMENT.—Paragraph (11) of section 

301(a) of title 37, United States Code, as added by subsection 

(a)(3), shall apply to duty described in such paragraph that is 

performed on or after January 1, 2002. 

SEC. 616. ELIGIBILITY FOR CERTAIN CAREER CONTINUATION 

BONUSES FOR EARLY COMMITMENT TO REMAIN ON 

ACTIVE DUTY. 

(a) AVIATION OFFICERS.—Section 301b(b)(4) of title 37, United 

States Code, is amended by inserting before the period at the 

end the following: ‘‘or is within one year of completing such commitment’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1137
 

(b) SURFACE WARFARE OFFICERS.—Section 319(a)(3) of such 

title is amended by inserting before the period at the end the 

following: ‘‘or is within one year of completing such commitment’’. 

SEC. 617. SECRETARIAL DISCRETION IN PRESCRIBING SUBMARINE 

DUTY INCENTIVE PAY RATES. 

(a) AUTHORITY OF SECRETARY OF THE NAVY; MAXIMUM RATE.— Subsection (b) of section 301c of title 37, United States Code, 

is amended to read as follows: ‘‘(b) MONTHLY RATES.—The Secretary of the Navy shall prescribe the monthly rates of submarine duty incentive pay, except 

that the maximum monthly rate may not exceed $1,000.’’. (b) CONFORMING AND CLERICAL AMENDMENTS.—Such section 

is further amended— (1) in subsection (a)— (A) by inserting ‘‘ELIGIBILITY REQUIREMENTS.—’’ after ‘‘(a)’’; and 

(B) by striking ‘‘set forth in’’ each place it appears 

and inserting ‘‘prescribed pursuant to’’; 

(2) in subsection (c), by inserting ‘‘EXCEPTIONS.—’’ after 

‘‘(c)’’; and 

(3) in subsection (d)— 

(A) by inserting ‘‘APPLICABILITY TO CERTAIN NAVAL 

RESERVE DUTY.—’’ after ‘‘(d)’’; and 

(B) by striking ‘‘authorized by’’ and inserting ‘‘prescribed pursuant to’’. 

(c) TRANSITION.—The tables set forth in subsection (b) of section 

301c of title 37, United States Code, as in effect on the day before 

the date of the enactment of this Act, shall continue to apply 

until the later of the following: 

(1) January 1, 2002. 

(2) The date on which the Secretary of the Navy prescribes 

new submarine duty incentive pay rates as authorized by the 

amendment made by subsection (a). 

SEC. 618. CONFORMING ACCESSION BONUS FOR DENTAL OFFICERS 

AUTHORITY WITH AUTHORITIES FOR OTHER SPECIAL PAY 

AND BONUSES. 

Section 302h(a)(1) of title 37, United States Code, is amended 

by striking ‘‘the date of the enactment of this section, and ending 

on September 30, 2002’’ and inserting ‘‘September 23, 1996, and 

ending on December 31, 2002’’. 

SEC. 619. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR INDIVIDUAL READY RESERVE BONUS FOR REENLISTMENT, 

ENLISTMENT, OR EXTENSION OF ENLISTMENT. 

(a) ELIGIBILITY BASED ON QUALIFICATIONS IN CRITICALLY SHORT 

WARTIME SKILLS OR SPECIALTIES.—Subsection (a) of section 308h 

of title 37, United States Code, is amended to read as follows: 

‘‘(a) AUTHORITY AND ELIGIBILITY REQUIREMENTS.—(1) The Secretary concerned may pay a bonus as provided in subsection (b) 

to an eligible person who reenlists, enlists, or voluntarily extends 

an enlistment in a reserve component of an armed force for assignment to an element (other than the Selected Reserve) of the Ready 

Reserve of that armed force if the reenlistment, enlistment, or 

extension is for a period of three years, or for a period of six 

years, beyond any other period the person is obligated to serve. 

Applicability. 

37 USC 301c 

note. 

115 STAT. 1138 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(2) A person is eligible for a bonus under this section if the 

person— 

‘‘(A) is or has been a member of an armed force; 

‘‘(B) is qualified in a skill or specialty designated by the 

Secretary concerned as a critically short wartime skill or critically short wartime specialty; and 

‘‘(C) has not failed to complete satisfactorily any original 

term of enlistment in the armed forces. 

‘‘(3) For the purposes of this section, the Secretary concerned 

may designate a skill or specialty as a critically short wartime 

skill or critically short wartime specialty for an armed force under 

the jurisdiction of the Secretary if the Secretary determines that— 

‘‘(A) the skill or specialty is critical to meet wartime 

requirements of the armed force; and 

‘‘(B) there is a critical shortage of personnel in that armed 

force who are qualified in that skill or specialty.’’. 

(b) CLERICAL AMENDMENTS.—Such section is further amended— 

(1) in subsection (b), by inserting ‘‘BONUS AMOUNTS; PAYMENT.—’’ after ‘‘(b)’’; 

(2) in subsection (c), by inserting ‘‘REPAYMENT OF 

BONUS.—’’ after ‘‘(c)’’; 

(3) in subsection (d), by inserting ‘‘TREATMENT OF 

REIMBURSEMENT OBLIGATION.—’’ after ‘‘(d)’’; 

(4) in subsection (e), by inserting ‘‘EFFECT OF BANKRUPTCY.—’’ after ‘‘(e)’’; 

(5) in subsection (f), by inserting ‘‘REGULATIONS.—’’ after 

‘‘(f)’’; and 

(6) in subsection (g), by inserting ‘‘TERMINATION OF 

AUTHORITY.—’’ after ‘‘(g)’’. 

Deadline. (c) REGULATIONS.—Not later than 180 days after the date of

37 USC 308h the enactment of this Act, the Secretaries of the military depart- note. ments shall prescribe such regulations as may be necessary for 

administering subsection (a) of section 308h of title 37, United 

States Code, as amended by this section. 

37 USC 308h (d) APPLICATION OF AMENDMENT.—Subsection (a) of section 

note.	 308h of title 37, United States Code, as amended by this section, 

shall apply with respect to reserve component reenlistments, enlistments, and extensions of enlistments that are executed on or after 

the first day of the first month that begins more than 180 days 

after the date of the enactment of this Act. Subsection (a) of such 

section 308h, as in effect on the day before the date of the enactment 

of this Act, shall continue to apply with respect to reserve component reenlistments, enlistments, and extensions of enlistments that 

are executed before the first day of that first month. 

SEC. 620. INSTALLMENT PAYMENT AUTHORITY FOR 15-YEAR CAREER 

STATUS BONUS. 

(a) MEMBER ELECTION.—Section 322(d) of title 37, United 

States Code, is amended— 

(1) in paragraph (1), by striking ‘‘paid in a single lump 

sum of’’ and inserting ‘‘equal to’’; 

(2) by redesignating paragraph (2) as paragraph (4), and 

in such paragraph, by striking ‘‘The bonus’’ and inserting ‘‘The 

lump sum payment of the bonus, and the first installment 

payment in the case of members who elect to receive the bonus 

in installments,’’; and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1139
 

(3) by inserting after paragraph (1) the following new paragraphs:
 

‘‘(2) A member electing to receive the bonus under this section
 

shall elect one of the following payment options: 

‘‘(A) A single lump sum of $30,000. 

‘‘(B) Two installments of $15,000 each. 

‘‘(C) Three installments of $10,000 each. 

‘‘(D) Four installments of $7,500 each. 

‘‘(E) Five installments of $6,000 each. 

‘‘(3) If a member elects installment payments under paragraph 

(2), the second installment (and subsequent installments, as 

applicable) shall be paid on the earlier of the following dates: 

‘‘(A) The annual anniversary date of the payment of the
 

first installment.
 

‘‘(B) January 15 of each succeeding calendar year.’’.
 

(b) APPLICATION TO EXISTING AGREEMENTS.—The Secretary con- 37 USC 322 note. 

cerned (as defined in section 101(5) of title 37, United States Code) 

shall extend to each member of the uniformed services who has 

executed the written agreement required by subsection (a)(2) of 

section 322 of such title before the date of the enactment of this 

Act, but who has not received the lump sum payment by that 

date, an opportunity to make the election authorized by subsection 

(d) of such section, as amended by this section. 

SEC. 621. ACCESSION BONUS FOR NEW OFFICERS IN CRITICAL SKILLS. 

(a) BONUS AUTHORIZED.—Chapter 5 of title 37, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 324. Special pay: accession bonus for new officers in critical skills 

‘‘(a) ACCESSION BONUS AUTHORIZED.—Under regulations pre- Regulations. 

scribed by the Secretary concerned, a person who executes a written 

agreement to accept a commission as an officer of the armed forces 

and serve on active duty in a designated critical officer skill for 

the period specified in the agreement may, upon acceptance of 

the agreement by the Secretary concerned, be paid an accession 

bonus in an amount determined by the Secretary concerned. 

‘‘(b) DESIGNATION OF CRITICAL OFFICER SKILLS.—(1) The Secretary concerned shall designate the critical officer skills for the 

purposes of this section. A skill may be designated as a critical 

officer skill for an armed force under this subsection if— 

‘‘(1) in order to meet requirements of the armed force,
 

it is critical for the armed force to have a sufficient number
 

of officers who are qualified in that skill; and
 

‘‘(2) in order to mitigate a current or projected significant
 

shortage of personnel in the armed force who are qualified
 

in that skill, it is critical to access into that armed force
 

in sufficient numbers persons who are qualified in that skill
 

or are to be trained in that skill.
 

‘‘(c) LIMITATION ON AMOUNT OF BONUS.—The amount of an
 

accession bonus under subsection (a) may not exceed $60,000. 

‘‘(d) PAYMENT METHOD.—Upon acceptance of a written agreement under subsection (a) by the Secretary concerned, the total 

amount of the accession bonus payable under the agreement 

becomes fixed. The agreement shall specify whether the accession 

bonus will be paid by the Secretary in a lump sum or installments. 

115 STAT. 1140 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(e) RELATION TO OTHER ACCESSION BONUS AUTHORITY.—An 

individual may not receive an accession bonus under this section 

and section 302d, 302h, 302j, or 312b of this title for the same 

period of service. 

‘‘(f) REPAYMENT FOR FAILURE TO COMMENCE OR COMPLETE 

OBLIGATED SERVICE.—(1) An individual who, after having received 

all or part of the accession bonus under an agreement referred 

to in subsection (a), fails to accept a commission as an officer 

or to commence or complete the total period of active duty service 

specified in the agreement shall repay to the United States the 

amount that bears the same ratio to the total amount of the 

bonus authorized for such person as the unserved part of the 

period of agreed active duty service bears to the total period of 

the agreed active duty service. However, the amount required to 

be repaid by the individual may not exceed the amount of the 

accession bonus that was paid to the individual. ‘‘(2) Subject to paragraph (3), an obligation to repay the United 

States imposed under paragraph (1) is for all purposes a debt 

owed to the United States. A discharge in bankruptcy under title 

11 that is entered less than five years after the termination of 

an agreement entered into under subsection (a) does not discharge 

the individual signing the agreement from a debt arising under 

such agreement or under paragraph (1). ‘‘(3) The Secretary concerned may waive, in whole or in part, 

the repayment requirement under paragraph (1) on a case-by-case 

basis if the Secretary concerned determines that repayment would 

be against equity and good conscience or would be contrary to 

the best interests of the United States. 

‘‘(g) TERMINATION OF AUTHORITY.—No agreement under this 

section may be entered into after December 31, 2002.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘324. Special pay: accession bonus for new officers in critical skills.’’. 

SEC. 622. EDUCATION SAVINGS PLAN TO ENCOURAGE REENLISTMENTS AND EXTENSIONS OF SERVICE IN CRITICAL 

SPECIALTIES. 

(a) ESTABLISHMENT OF SAVINGS PLAN.—(1) Chapter 5 of title 

37, United States Code, is amended by inserting after section 324, 

as added by section 621, the following new section: 

‘‘§ 325. Incentive bonus: savings plan for education expenses 

and other contingencies 

‘‘(a) BENEFIT AND ELIGIBILITY.—The Secretary concerned may 

purchase United States savings bonds under this section for a 

member of the armed forces who is eligible as follows: 

‘‘(1) A member who, before completing three years of service 

on active duty, enters into a commitment to perform qualifying 

service. 

‘‘(2) A member who, after completing three years of service 

on active duty, but not more than nine years of service on 

active duty, enters into a commitment to perform qualifying 

service. 

‘‘(3) A member who, after completing nine years of service 

on active duty, enters into a commitment to perform qualifying 

service. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1141
 

‘‘(b) QUALIFYING SERVICE.—For the purposes of this section, 

qualifying service is service on active duty in a specialty designated 

by the Secretary concerned as critical to meet requirements 

(whether or not such specialty is designated as critical to meet 

wartime or peacetime requirements) for a period that— 

‘‘(1) is not less than six years; and 

‘‘(2) does not include any part of a period for which the 

member is obligated to serve on active duty under an enlistment 

or other agreement for which a benefit has previously been 

paid under this section. 

‘‘(c) FORMS OF COMMITMENT TO ADDITIONAL SERVICE.—For the 

purposes of this section, a commitment means— 

‘‘(1) in the case of an enlisted member, a reenlistment; 

and 

‘‘(2) in the case of a commissioned officer, an agreement 

entered into with the Secretary concerned. 

‘‘(d) AMOUNTS OF BONDS.—The total of the face amounts of 

the United States savings bonds authorized to be purchased for 

a member under this section for a commitment shall be as follows: 

‘‘(1) In the case of a purchase for a member under paragraph (1) of subsection (a), $5,000. 

‘‘(2) In the case of a purchase for a member under paragraph (2) of subsection (a), the amount equal to the excess 

of $15,000 over the total of the face amounts of any United 

States savings bonds previously purchased for the member 

under this section. 

‘‘(3) In the case of a purchase for a member under paragraph (3) of subsection (a), the amount equal to the excess 

of $30,000 over the total of the face amounts of any United 

States savings bonds previously purchased for the member 

under this section. 

‘‘(e) TOTAL AMOUNT OF BENEFIT.—The total amount of the 

benefit authorized for a member when United States savings bonds 

are purchased for the member under this section by reason of 

a commitment by that member shall be the sum of— 

‘‘(1) the purchase price of the United States savings bonds; 

and 

‘‘(2) the amounts that would be deducted and withheld 

for the payment of individual income taxes if the total amount 

computed under this subsection for that commitment were paid 

to the member as a bonus. 

‘‘(f) AMOUNT WITHHELD FOR TAXES.—The total amount payable 

for a member under subsection (e)(2) for a commitment by that 

member shall be withheld, credited, and otherwise treated in the 

same manner as amounts deducted and withheld from the basic 

pay of the member. 

‘‘(g) REPAYMENT FOR FAILURE TO COMPLETE OBLIGATED 

SERVICE.—(1) If a person fails to complete the qualifying service 

for which the person is obligated under a commitment for which 

a benefit has been paid under this section, the person shall refund 

to the United States the amount that bears the same ratio to 

the total amount paid for the person (as computed under subsection 

(e)) for that particular commitment as the uncompleted part of 

the period of qualifying service bears to the total period of the 

qualifying service for which obligated. 

115 STAT. 1142 PUBLIC LAW 107–107—DEC. 28, 2001
 

37 USC 325 note. 

‘‘(2) Subject to paragraph (3), an obligation to reimburse the 

United States imposed under paragraph (1) is for all purposes 

a debt owed to the United States. ‘‘(3) The Secretary concerned may waive, in whole or in part, 

a refund required under paragraph (1) if the Secretary concerned 

determines that recovery would be against equity and good conscience or would be contrary to the best interests of the United 

States. ‘‘(4) A discharge in bankruptcy under title 11 that is entered 

less than five years after the termination of an enlistment or 

other agreement under this section does not discharge the person 

signing such enlistment or other agreement from a debt arising 

under the enlistment or agreement, respectively, or this subsection. ‘‘(h) RELATIONSHIP TO OTHER SPECIAL PAYS.—The benefit 

authorized under this section is in addition to any other bonus 

or incentive or special pay that is paid or payable to a member 

under any other provision of this chapter for any portion of the 

same qualifying service. 

‘‘(i) REGULATIONS.—This section shall be administered under 

regulations prescribed by the Secretary of Defense for the armed 

forces under his jurisdiction and by the Secretary of Transportation 

for the Coast Guard when the Coast Guard is not operating as 

a service in the Navy.’’. (2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 324, 

as added by section 621(b), the following new item: 

‘‘325. Incentive bonus: savings plan for education expenses and other contingencies.’’. 

(b) APPLICATION OF AMENDMENT.—Section 325 of title 37, 

United States Code, as added by subsection (a), shall apply with 

respect to reenlistments and other agreements for qualifying service, 

as described in that section, that are entered into on or after 

October 1, 2001. 

(c) FUNDING FOR FISCAL YEAR 2002.—Of the amount authorized 

to be appropriated to the Department of Defense for military personnel for fiscal year 2002 by section 421, $20,000,000 may be 

available in that fiscal year for the purchase of United States 

savings bonds under section 325 of title 37, United States Code, 

as added by subsection (a). 

SEC. 623. CONTINUATION OF PAYMENT OF SPECIAL AND INCENTIVE 

PAY AT UNREDUCED RATES DURING STOP LOSS PERIODS. 

(a) AUTHORITY TO CONTINUE.—(1) Chapter 17 of title 37, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 909. Special and incentive pay: payment at unreduced

rates during suspension of personnel laws 

‘‘(a) AUTHORITY TO CONTINUE PAYMENT AT UNREDUCED 

RATES.—To ensure fairness and recognize the contributions of members of the armed forces to military essential missions, the Secretary 

of the military department concerned may authorize members who 

are involuntarily retained on active duty under section 123 or 

12305 of title 10 or any other provision of law and who, immediately 

before retention on active duty, were entitled or eligible for special 

pay or incentive pay under chapter 5 of this title, to receive that 

special pay or incentive pay for qualifying service performed during 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1143
 

the retention period, without a reduction in the payment rate below 

the rate the members received immediately before retention on 

active duty, notwithstanding any requirement otherwise applicable 

to that special pay or incentive pay that would reduce the payment 

rate by reason of the years of service of the members. 

‘‘(b) SUSPENSION DURING TIME OF WAR.—Subsection (a) does 

not apply with respect to a special pay or incentive pay under 

chapter 5 of this title, whenever the authority to provide that 

special pay or incentive pay is suspended by the President or 

the Secretary of Defense during a time of war. ‘‘(c) QUALIFYING SERVICE DEFINED.—In this section, the term ‘qualifying service’ means service for which a particular special 

pay or incentive pay is payable under the authority of a provision 

of chapter 5 of this title.’’. (2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘909. Special and incentive pay: payment at unreduced rates during suspension of 

personnel laws.’’. 

(b) APPLICATION OF AMENDMENTS.—Section 909 of title 37, 

United States Code, as added by subsection (a)(1), shall apply 

with respect to pay periods beginning after September 11, 2001. 

SEC. 624. RETROACTIVE AUTHORIZATION FOR IMMINENT DANGER 

PAY FOR SERVICE IN CONNECTION WITH OPERATION 

ENDURING FREEDOM. 

(a) RETROACTIVE AUTHORIZATION.—The Secretary of Defense 

may provide for the payment of imminent danger pay under section 

310 of title 37, United States Code, to members of the Armed 

Forces assigned to duty in the areas specified in subsection (b) 

in connection with the contingency operation known as Operation 

Enduring Freedom with respect to periods of duty served in those 

areas during the period beginning on September 19, 2001, and 

ending October 31, 2001. 

(b) SPECIFIED AREAS.—The areas referred to in subsection (a) 

are the following: 

(1) The land areas of Kyrgyzstan, Oman, the United Arab 

Emirates, and Uzbekistan. 

(2) The Red Sea, the Gulf of Aden, the Gulf of Oman, 

and the Arabian Sea (that portion north of 10° north latitude 

and west of 68° east longitude). 

Subtitle C—Travel and Transportation 

Allowances 

SEC. 631. MINIMUM PER DIEM RATE FOR TRAVEL AND TRANSPORTATION ALLOWANCE FOR TRAVEL PERFORMED UPON A 

CHANGE OF PERMANENT STATION AND CERTAIN OTHER 

TRAVEL. 

Section 404(d) of title 37, United States Code, is amended 

by adding at the end the following new paragraph: 

‘‘(5) Effective January 1, 2003, the per diem rates established 

under paragraph (2)(A) for travel performed in connection with 

a change of permanent station or for travel described in paragraph 

(2) or (3) of subsection (a) shall be equal to the standard per 

diem rates established in the Federal travel regulation for travel 

37 USC 909 note. 

37 USC 310 note. 

Effective date. 

115 STAT. 1144 PUBLIC LAW 107–107—DEC. 28, 2001
 

within the continental United States of civilian employees and 

their dependents, unless the Secretaries concerned determine that 

a higher rate for members is more appropriate.’’. 

SEC. 632. ELIGIBILITY FOR PAYMENT OF SUBSISTENCE EXPENSES 

ASSOCIATED WITH OCCUPANCY OF TEMPORARY LODGING 

INCIDENT TO REPORTING TO FIRST PERMANENT DUTY 

STATION. 

(a) INCLUSION OF OFFICERS.—Subsection (a)(2)(C) of section 

404a of title 37, United States Code, is amended by striking ‘‘an 

enlisted member’’ and inserting ‘‘a member’’. 

(b) INCREASE IN MAXIMUM DAILY AUTHORIZED RATE.—Subsection (e) of such section is amended by striking ‘‘$110’’ and 

inserting ‘‘$180’’. 

37 USC 404a (c) EFFECTIVE DATE; APPLICATION.—The amendments made by 

note.	 this section shall take effect on January 1, 2002, and apply with 

respect to an order issued on or after that date to a member 

of the uniformed services to report to the member’s first permanent 

duty station. 

SEC. 633. REIMBURSEMENT OF MEMBERS FOR MANDATORY PET 

QUARANTINE FEES FOR HOUSEHOLD PETS. 

(a) INCREASE IN MAXIMUM REIMBURSEMENT AMOUNT.—Section 

406(a)(1) of title 37, United States Code, is amended in the last 

sentence by striking ‘‘$275’’ and inserting ‘‘$550’’. 

37 USC 406 note.	 (b) APPLICATION OF AMENDMENT.—The amendment made by 

subsection (a) shall apply with respect to the reimbursement of 

members of the uniformed services for mandatory pet quarantine 

fees incurred in connection with the mandatory quarantine of a 

household pet underway on the date of the enactment of this 

Act or beginning on or after that date. 

SEC. 634. INCREASED WEIGHT ALLOWANCE FOR TRANSPORTATION 

OF BAGGAGE AND HOUSEHOLD EFFECTS FOR JUNIOR 

ENLISTED MEMBERS. 

(a) INCREASED WEIGHT ALLOWANCES.—The table in section 

406(b)(1)(C) of title 37, United States Code, is amended— (1) by striking the two footnotes; and 

(2) by striking the items relating to pay grade E–1 through 

E–4 and inserting the following new items: 

‘‘E–4 ............................................................................................. 7,000 8,000
 ‘‘E–3 ............................................................................................. 5,000 8,000
 ‘‘E–2 ............................................................................................. 5,000 8,000
 ‘‘E–1 ............................................................................................. 5,000 8,000’’.
 

37 USC 406 note. (b) EFFECTIVE DATE; APPLICATION.—The amendments made by 

this section shall take effect on January 1, 2003, and apply with 

respect to an order in connection with a change of temporary 

or permanent station issued on or after that date. 

SEC. 635. ELIGIBILITY OF ADDITIONAL MEMBERS FOR DISLOCATION 

ALLOWANCE. 

(a) ELIGIBILITY FOR PRIMARY DISLOCATION ALLOWANCE.—Subsection (a) of section 407 of title 37, United States Code, is 

amended— 

(1) in paragraph (2), by adding at the end the following 

new subparagraphs: 

‘‘(F) A member whose dependents actually move from the 

member’s place of residence in connection with the performance 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1145
 

of orders for the member to report to the member’s first permanent duty station if the move—
 

‘‘(i) is to the permanent duty station or a designated
 

location; and
 

‘‘(ii) is an authorized move.
 

‘‘(G) Each of two members married to each other who— 

‘‘(i) is without dependents; 

‘‘(ii) actually moves with the member’s spouse to a 

new permanent duty station; and 

‘‘(iii) is assigned to family quarters of the United States 

at or in the vicinity of the new duty station.’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(4) If a primary dislocation allowance is payable to two members described in paragraph (2)(G) who are married to each other, 

the amount of the allowance payable to such members shall be 

the amount otherwise payable under this subsection to the member 

in the higher pay grade, or to either member if both members 

are in the same pay grade. The allowance shall be paid jointly 

to both members.’’. 

(b) CONFORMING AMENDMENT.—Subsection (e) of such section 

is amended by inserting ‘‘(except as provided in subsection (a)(2)(F))’’ 

after ‘‘first duty station’’. 

(c) APPLICATION OF AMENDMENTS.—The amendments made by 37 USC 407 note. 

this section shall apply with respect to an order issued on or 

after January 1, 2002, in connection with a change of permanent 

station or for a member of the uniformed services to report to 

the member’s first permanent duty station. 

SEC. 636. PARTIAL DISLOCATION ALLOWANCE AUTHORIZED FOR 

HOUSING MOVES ORDERED FOR GOVERNMENT CONVENIENCE. 

(a) AUTHORIZATION OF PARTIAL DISLOCATION ALLOWANCE.—Section 407 of title 37, United States Code, is amended— 

(1) by redesignating subsections (f) and (g) as subsections 

(g) and (h), respectively; and 

(2) by inserting after subsection (e) the following new subsection: 

‘‘(f) PARTIAL DISLOCATION ALLOWANCE.—(1) Under regulations Regulations. 

prescribed by the Secretary concerned, a member ordered to occupy 

or vacate family housing provided by the United States to permit 

the privatization or renovation of housing or for any other reason 

(other than pursuant to a permanent change of station) may be 

paid a partial dislocation allowance of $500. 

‘‘(2) Effective on the same date that the monthly rates of Effective date. 

basic pay for all members are increased under section 1009 of 

this title or another provision of law, the Secretary of Defense 

shall adjust the rate of the partial dislocation allowance authorized 

by this subsection by the percentage equal to the average percentage 

increase in the rates of basic pay. 

‘‘(3) Subsections (c) and (d) do not apply to the partial dislocation allowance authorized by this subsection.’’. 

(b) APPLICATION OF AMENDMENT.—Subsection (f) of title 37, 37 USC 407 note. 

United States Code, as added by subsection (a)(2), shall apply 

with respect to an order to move for a member of a uniformed 

service that is issued on or after the date of the enactment of 

this Act. 

115 STAT. 1146 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 637. ALLOWANCES FOR TRAVEL PERFORMED IN CONNECTION 

WITH MEMBERS TAKING AUTHORIZED LEAVE BETWEEN 

CONSECUTIVE OVERSEAS TOURS. 

Section 411b(a)(1) of title 37, United States Code, is amended 

by striking ‘‘, or his designee, or to a place no farther distant 

than his home of record’’. 

SEC. 638. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY 

MEMBERS TO ATTEND BURIAL OF A DECEASED MEMBER 

OF THE UNIFORMED SERVICES. 

(a) CONSOLIDATION OF AUTHORITIES.—Section 411f of title 37, 

United States Code, is amended to read as follows: 

‘‘§ 411f. Travel and transportation allowances: transportation for survivors of deceased member to attend 

the member’s burial ceremonies 

‘‘(a) ALLOWANCES AUTHORIZED.—(1) The Secretary concerned 

may provide round trip travel and transportation allowances to 

eligible relatives of a member of the uniformed services who dies 

while on active duty or inactive duty in order that the eligible 

relatives may attend the burial ceremony of the deceased member. 

‘‘(2) The Secretary concerned may also provide round trip travel 

and transportation allowances to an attendant who accompanies 

an eligible relative provided travel and transportation allowances 

under paragraph (1) for travel to the burial ceremony if the Secretary concerned determines that— 

‘‘(A) the accompanied eligible relative is unable to travel 

unattended because of age, physical condition, or other justifiable reason; and 

‘‘(B) there is no other eligible relative of the deceased 

member traveling to the burial ceremony who is eligible for 

travel and transportation allowances under paragraph (1) and 

is qualified to serve as the attendant. 

‘‘(b) LIMITATIONS.—(1) Except as provided in paragraphs (2) 

and (3), allowances under subsection (a) are limited to travel and 

transportation to a location in the United States, Puerto Rico, 

and the possessions of the United States and may not exceed 

the rates for two days and the time necessary for such travel. 

‘‘(2) If a deceased member was ordered or called to active 

duty from a place outside the United States, Puerto Rico, or the 

possessions of the United States, the allowances authorized under 

subsection (a) may be provided to and from such place and may 

not exceed the rates for two days and the time necessary for 

such travel. 

‘‘(3) If a deceased member is interred in a cemetery maintained 

by the American Battle Monuments Commission, the travel and 

transportation allowances authorized under subsection (a) may be 

provided to and from such cemetery and may not exceed the rates 

for two days and the time necessary for such travel. 

‘‘(c) ELIGIBLE RELATIVES.—(1) The following members of the 

family of a deceased member of the uniformed services are eligible 

for the travel and transportation allowances under subsection (a)(1): 

‘‘(A) The surviving spouse (including a remarried surviving 

spouse) of the deceased member. 

‘‘(B) The unmarried child or children of the deceased 

member referred to in section 401(a)(2) of this title. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1147
 

‘‘(C) If no person described in subparagraph (A) or (B) 

is provided travel and transportation allowances under subsection (a)(1), the parent or parents of the deceased member 

(as defined in section 401(b)(2) of this title). 

‘‘(2) If no person described in paragraph (1) is provided travel 

and transportation allowances under subsection (a)(1), the travel 

and transportation allowances may be provided to— 

‘‘(A) the person who directs the disposition of the remains 

of the deceased member under section 1482(c) of title 10, or, 

in the case of a deceased member whose remains are commingled and buried in a common grave in a national cemetery, 

the person who would have been designated under such section 

to direct the disposition of the remains if individual identification had been made; and 

‘‘(B) up to two additional persons closely related to the 

deceased member who are selected by the person referred to 

in subparagraph (A). 

‘‘(d) EXPANDED ALLOWANCES RELATED TO RECOVERY OF 

REMAINS FROM VIETNAM CONFLICT.—(1) The Secretary of Defense 

may provide round trip travel and transportation allowances for 

the family of a deceased member of the armed forces who died 

while classified as a prisoner of war or as missing in action during 

the Vietnam conflict and whose remains are returned to the United 

States in order that the family members may attend the burial 

ceremony of the deceased member. 

‘‘(2) The allowances under paragraph (1) shall include round 

trip transportation from the places of residence of such family 

members to the burial ceremony and such living expenses and 

other allowances as the Secretary of Defense considers appropriate. 

‘‘(3) For purposes of paragraph (1), eligible family members 

of the deceased member of the armed forces include the following: 

‘‘(A) The surviving spouse (including a remarried surviving 

spouse) of the deceased member. 

‘‘(B) The child or children, including children described 

in section 401(b)(1) of this title, of the deceased member. ‘‘(C) The parent or parents of the deceased member (as 

defined in section 401(b)(2) of this title). 

‘‘(D) If no person described in subparagraph (A), (B), or 

(C) is provided travel and transportation allowances under 

paragraph (1), any brothers, sisters, halfbrothers, halfsisters, 

stepbrothers, and stepsisters of the deceased member. 

‘‘(e) BURIAL CEREMONY DEFINED.—In this section, the term 

‘burial ceremony’ includes the following: 

‘‘(1) An interment of casketed or cremated remains. 

‘‘(2) A placement of cremated remains in a columbarium. 

‘‘(3) A memorial service for which reimbursement is authorized under section 1482(d)(2) of title 10. 

‘‘(4) A burial of commingled remains that cannot be individually identified in a common grave in a national cemetery. 

‘‘(f) REGULATIONS.—The Secretaries concerned shall prescribe 

uniform regulations to carry out this section.’’. (b) REPEAL OF SUPERSEDED LAWS; CONFORMING AMENDMENT.— 

(1) Section 1482 of title 10, United States Code, is amended by 

striking subsection (d) and redesignating subsections (e), (f), and 

(g) as subsections (d), (e), and (f), respectively. 

(2) Section 1481(a)(9) of such title is amended by striking 

‘‘section 1482(g)’’ and inserting ‘‘section 1482(f)’’. 

115 STAT. 1148 PUBLIC LAW 107–107—DEC. 28, 2001
 

37 USC 411 note. 

Regulations. 

(3) The Funeral Transportation and Living Expense Benefits 

Act of 1974 (Public Law 93–257; 37 U.S.C. 406 note) is repealed. 

(c) APPLICATION OF AMENDMENT.—Section 411f of title 37, 

United States Code, as amended by subsection (a), shall apply 

with respect to burial ceremonies of deceased members of the uniformed services that occur on or after the date of the enactment 

of this Act. 

SEC. 639. FUNDED STUDENT TRAVEL FOR FOREIGN STUDY UNDER 

AN EDUCATION PROGRAM APPROVED BY A UNITED 

STATES SCHOOL. 

(a) AVAILABILITY OF ALLOWANCE.—Subsection (a) of section 430 

of title 37, United States Code, is amended to read as follows: ‘‘(a) AVAILABILITY OF ALLOWANCE.—(1) Under regulations prescribed by the Secretary of Defense, a member of a uniformed 

service may be paid the allowance set forth in subsection (b) if 

the member— ‘‘(A) is assigned to a permanent duty station outside the 

continental United States; ‘‘(B) is accompanied by the member’s dependents at or 

near that duty station (unless the member’s only dependents 

are in the category of dependent described in paragraph (2)); 

and ‘‘(C) has an eligible dependent child described in paragraph 

(2). 

‘‘(2) An eligible dependent child of a member referred to in 

paragraph (1)(C) is a child who— 

‘‘(A) is under 23 years of age and unmarried; 

‘‘(B) is enrolled in a school in the continental United States 

for the purpose of obtaining a formal education; and 

‘‘(C) is attending that school or is participating in a foreign 

study program approved by that school and, pursuant to that 

foreign study program, is attending a school outside the United 

States for a period of not more than one year.’’. 

(b) TYPE OF ALLOWANCE AUTHORIZED.—Subsection (b) of such 

section is amended— 

(1) by inserting ‘‘ALLOWANCE AUTHORIZED.—’’ after ‘‘(b)’’; 

(2) in the first sentence of paragraph (1), by striking ‘‘each 

unmarried dependent child,’’ and all that follows through ‘‘the 

school being attended’’ and inserting ‘‘each eligible dependent 

child of the member of one annual trip between the school 

being attended by that child’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(3) The transportation allowance paid under paragraph (1) 

for an annual trip of an eligible dependent child who is attending 

a school outside the United States may not exceed the transportation allowance that would be paid under this section for the 

annual trip of that child between the child’s school in the continental 

United States and the member’s duty station outside the continental 

United States and return.’’. 

(c) CLERICAL AND CONFORMING AMENDMENTS.—Such section 

is further amended— 

(1) in subsection (c), by inserting ‘‘USE OF AIRLIFT AND 

SEALIFT COMMAND.—’’ after ‘‘(c)’’; 

(2) in subsection (d)— 

(A) by inserting ‘‘ATTENDANCE AT SCHOOL IN ALASKA 

OR HAWAII.—’’ after ‘‘(d)’’; and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1149
 

(B) by striking ‘‘subsection (a)(3)’’ and inserting ‘‘subsection (a)(2)’’; 

(3) in subsection (e), by inserting ‘‘EXCEPTION.—’’ after ‘‘(e)’’;
 

and
 

(4) in subsection (f), by inserting ‘‘DEFINITIONS.—’’ after
 

‘‘(f)’’.
 

(d) APPLICATION OF AMENDMENTS.—The amendments made by 37 USC 430 note. 

this section shall apply with respect to travel described in subsection 

(b) of section 430 of title 37, United States Code, as amended 

by this section, that commences on or after the date of the enactment of this Act. 

Subtitle D—Retirement and Survivor
 

Benefit Matters
 

SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF 

MILITARY RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION AND ENHANCEMENT OF SPECIAL COMPENSATION AUTHORITY. 

(a) RESTORATION OF RETIRED PAY BENEFITS.—Chapter 71 of 

title 10, United States Code, is amended by adding at the end 

the following new section: 

‘‘§ 1414. Members eligible for retired pay who have serviceconnected disabilities: payment of retired pay and 

veterans’ disability compensation; contingent 

authority 

‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION.— 

Subject to subsection (b), a member or former member of the uniformed services who is entitled to retired pay (other than as specified in subsection (c)) and who is also entitled to veterans’ disability 

compensation is entitled to be paid both without regard to sections 

5304 and 5305 of title 38, subject to the enactment of qualifying 

offsetting legislation as specified in subsection (f). 

‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIREES.—The 

retired pay of a member retired under chapter 61 of this title 

with 20 years or more of service otherwise creditable under section 

1405 of this title at the time of the member’s retirement is subject 

to reduction under sections 5304 and 5305 of title 38, but only 

to the extent that the amount of the member’s retired pay under 

chapter 61 of this title exceeds the amount of retired pay to which 

the member would have been entitled under any other provision 

of law based upon the member’s service in the uniformed services 

if the member had not been retired under chapter 61 of this title. 

‘‘(c) EXCEPTION.—Subsection (a) does not apply to a member 

retired under chapter 61 of this title with less than 20 years 

of service otherwise creditable under section 1405 of this title at 

the time of the member’s retirement. 

‘‘(d) DEFINITIONS.—In this section:
 

‘‘(1) The term ‘retired pay’ includes retainer pay, emergency
 

officers’ retirement pay, and naval pension.
 

‘‘(2) The term ‘veterans’ disability compensation’ has the
 

meaning given the term ‘compensation’ in section 101(12) of
 

title 38.
 

115 STAT. 1150 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 1414 

note. 

‘‘(e) EFFECTIVE DATE.—If qualifying offsetting legislation (as 

defined in subsection (f)) is enacted, the provisions of subsection 

(a) shall take effect on— ‘‘(1) the first day of the first month beginning after the 

date of the enactment of such qualifying offsetting legislation; 

or ‘‘(2) the first day of the fiscal year that begins in the 

calendar year in which such legislation is enacted, if that 

date is later than the date specified in paragraph (1). 

‘‘(f) EFFECTIVENESS CONTINGENT ON ENACTMENT OF OFFSETTING 

LEGISLATION.—(1) The provisions of subsection (a) shall be effective 

only if— ‘‘(A) the President, in the budget for any fiscal year, proposes the enactment of legislation that, if enacted, would be 

qualifying offsetting legislation; and ‘‘(B) after that budget is submitted to Congress, there is 

enacted qualifying offsetting legislation. 

‘‘(2) In this subsection: ‘‘(A) The term ‘qualifying offsetting legislation’ means legislation (other than an appropriations Act) that includes provisions that— 

‘‘(i) offset fully the increased outlays to be made by 

reason of the provisions of subsection (a) for each of the 

first 10 fiscal years beginning after the date of the enactment of such legislation; ‘‘(ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and ‘‘(iii) are included in full on the PayGo scorecard. ‘‘(B) The term ‘PayGo scorecard’ means the estimates that 

are made by the Director of the Congressional Budget Office 

and the Director of the Office of Management and Budget 

under section 252(d) of the Balanced Budget and Emergency 

Deficit Control Act of 1985 (2 U.S.C. 902(d)) with respect to 

the ten fiscal years following the date of the enactment of 

the legislation that is qualifying offsetting legislation for purposes of this section.’’. (b) CONFORMING TERMINATION OF SPECIAL COMPENSATION PRO­ GRAM.—Section 1413(a) of such title is amended by adding at the 

end the following new sentence: ‘‘If the provisions of subsection 

(a) of section 1414 of this title become effective in accordance 

with subsection (f) of that section, payments under this section 

shall be terminated effective as of the month beginning on the 

effective date specified in subsection (e) of that section.’’. (c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘1414. Members eligible for retired pay who have service-connected disabilities: payment of retired pay and veterans’ disability compensation; contingent authority.’’. 

(d) PROHIBITION OF RETROACTIVE BENEFITS.—If the provisions 

of subsection (a) of section 1414 of title 10, United States Code, 

becomes effective in accordance with subsection (f) of that section, 

no benefit may be paid to any person by reason of those provisions 

for any period before the effective date specified in subsection 

(e) of that section. 

(e) ENHANCEMENT OF SPECIAL COMPENSATION AUTHORITY.— 

(1) Subsection (b) of section 1413 of title 10, United States Code, 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1151
 

is amended by striking paragraphs (1), (2), and (3) and inserting 

the following: 

‘‘(1) For payments for months beginning with February 

2002 and ending with December 2002, the following: 

‘‘(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $300. 

‘‘(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $200. 

‘‘(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent or 

70 percent, $100. 

‘‘(D) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50. 

‘‘(2) For payments for months beginning with January 2003 

and ending with September 2004, the following:
 

‘‘(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $325.
 

‘‘(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $225. 

‘‘(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent, $125. 

‘‘(D) For any month for which the retiree has a qualifying service-connected disability rated as 70 percent, $100. 

‘‘(E) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50. 

‘‘(3) For payments for months after September 2004, the 

following:
 

‘‘(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $350.
 

‘‘(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $250. 

‘‘(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent, $150. 

‘‘(D) For any month for which the retiree has a qualifying service-connected disability rated as 70 percent, $125. 

‘‘(E) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50.’’. 

(2) Subsection (d)(2) of such section is amended by striking 

‘‘70 percent’’ and inserting ‘‘60 percent’’. 

(3) The amendments made by this subsection shall take effect Effective date. 

on February 1, 2002. 10 USC 1413 

note. 

SEC. 642. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING 

SPOUSES OF MEMBERS WHO DIE WHILE ON ACTIVE DUTY 

AND NOT ELIGIBLE FOR RETIREMENT. 

(a) SURVIVING SPOUSE ANNUITY.—Paragraph (1) of section 

1448(d) of title 10, United States Code, is amended to read as 

follows: 

‘‘(1) SURVIVING SPOUSE ANNUITY.—The Secretary concerned
 

shall pay an annuity under this subchapter to the surviving
 

spouse of—
 

‘‘(A) a member who dies while on active duty after— 

‘‘(i) becoming eligible to receive retired pay; 

‘‘(ii) qualifying for retired pay except that the 

member has not applied for or been granted that pay; 

or 

115 STAT. 1152 PUBLIC LAW 107–107—DEC. 28, 2001
 

Applicability. 

10 USC 1448 

note. 

‘‘(iii) completing 20 years of active service but 

before the member is eligible to retire as a commissioned officer because the member has not completed 

10 years of active commissioned service; or 

‘‘(B) a member not described in subparagraph (A) who 

dies in line of duty while on active duty.’’. 

(b) COMPUTATION OF ANNUITY.—Section 1451(c)(1) of such title 

is amended— 

(1) in subparagraph (A)— 

(A) by striking ‘‘based upon his years of active service 

when he died.’’ and inserting ‘‘when he died determined 

as follows: 

‘‘(i) In the case of an annuity provided under section 1448(d) of this title (other than in a case covered 

by clause (ii)), such retired pay shall be computed 

as if the member had been retired under section 1201 

of this title on the date of the member’s death with 

a disability rated as total. 

‘‘(ii) In the case of an annuity provided under 

section 1448(d)(1)(A) of this title by reason of the death 

of a member not in line of duty, such retired pay 

shall be computed based upon the member’s years 

of active service when he died. 

‘‘(iii) In the case of an annuity provided under 

section 1448(f) of this title, such retired pay shall be 

computed based upon the member or former member’s 

years of active service when he died computed under 

section 12733 of this title.’’; and 

(2) in subparagraph (B)(i), by striking ‘‘if the member or 

former member’’ and all that follows and inserting ‘‘as determined under subparagraph (A).’’. 

(c) CONFORMING AMENDMENTS.—(1) The heading for subsection 

(d) of section 1448 of such title is amended by striking ‘‘RETIREMENTELIGIBLE’’. 

(2) Subsection (c)(3) of section 1451 of such title is amended 

by striking ‘‘1448(d)(1)(B) or 1448(d)(1)(C)’’ and inserting ‘‘clause 

(ii) or (iii) of section 1448(d)(1)(A)’’. (d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as of September 10, 2001, and shall apply with 

respect to deaths of members of the Armed Forces occurring on 

or after that date. 

Subtitle E—Other Matters 

SEC. 651. PAYMENT FOR UNUSED LEAVE IN EXCESS OF 60 DAYS 

ACCRUED BY MEMBERS OF RESERVE COMPONENTS ON 

ACTIVE DUTY FOR ONE YEAR OR LESS. 

(a) ELIGIBILITY.—Section 501(b)(5) of title 37, United States 

Code, is amended by— 

(1) striking ‘‘or’’ at the end of subparagraph (B); 

(2) striking the period at the end of subparagraph (C) 

and inserting ‘‘; or’’; and 

(3) adding at the end the following new subparagraph: 

‘‘(D) by a member of a reserve component while serving 

on active duty, full-time National Guard duty, or active duty 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1153
 

for training for a period of more than 30 days but not in 

excess of 365 days.’’. (b) APPLICATION OF AMENDMENT.—Subparagraph (D) of section 

501(b)(5) of title 37, United States Code, as added by subsection 

(a)(3), shall apply with respect to periods of active duty beginning 

on or after October 1, 2001. 

SEC. 652. ADDITIONAL AUTHORITY TO PROVIDE ASSISTANCE FOR 

FAMILIES OF MEMBERS OF THE ARMED FORCES. 

(a) AUTHORITY.—During fiscal year 2002, the Secretary of 

Defense may provide assistance for families of members of the 

Armed Forces serving on active duty in order to ensure that the 

children of such members obtain needed child care, education, and 

other youth services. 

(b) PRIMARY PURPOSE OF ASSISTANCE.—The assistance authorized by this section should be directed primarily toward providing 

needed family support, including child care, education, and other 

youth services, for children of members of the Armed Forces who 

are deployed, assigned to duty, or ordered to active duty in connection with the contingency operation known as Operation Enduring 

Freedom. 

SEC. 653. AUTHORIZATION OF TRANSITIONAL COMPENSATION AND 

COMMISSARY AND EXCHANGE BENEFITS FOR DEPENDENTS OF COMMISSIONED OFFICERS OF THE PUBLIC 

HEALTH SERVICE AND THE NATIONAL OCEANIC AND 

ATMOSPHERIC ADMINISTRATION WHO ARE SEPARATED 

FOR DEPENDENT ABUSE. 

(a) COMMISSIONED OFFICERS OF THE PUBLIC HEALTH SERVICE.— 

Section 221(a) of the Public Health Service Act (42 U.S.C. 213a(a)) 

is amended by adding at the end the following new paragraph: 

‘‘(17) Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse.’’. 

(b) COMMISSIONED OFFICERS OF THE NATIONAL OCEANIC AND 

ATMOSPHERIC ADMINISTRATION.—Section 3(a) of the Act entitled 

‘‘An Act to revise, codify, and enact into law, title 10 of the United 

States Code, entitled ‘Armed Forces’, and title 32 of the United 

States Code, entitled ‘National Guard’ ’’, approved August 10, 1956 

(33 U.S.C. 857a(a)), is amended by adding at the end the following 

new paragraph: 

‘‘(17) Section 1059, Transitional compensation and commissary and exchange benefits for dependents of members separated for dependent abuse.’’. 

SEC. 654. TRANSFER OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE UNDER MONTGOMERY GI BILL BY MEMBERS OF THE 

ARMED FORCES WITH CRITICAL MILITARY SKILLS. 

(a) AUTHORITY TO TRANSFER TO FAMILY MEMBERS.—(1) Subchapter II of chapter 30 of title 38, United States Code, is amended 

by adding at the end the following new section: 

‘‘§ 3020. Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical 

military skills 

‘‘(a) IN GENERAL.—Subject to the provisions of this section, 

each Secretary concerned may, for the purpose of enhancing recruitment and retention of members of the Armed Forces with critical 

37 USC 501 note. 

115 STAT. 1154 PUBLIC LAW 107–107—DEC. 28, 2001
 

military skills and at such Secretary’s sole discretion, permit an 

individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to 

one or more of the dependents specified in subsection (c) a portion 

of such individual’s entitlement to such assistance, subject to the 

limitation under subsection (d). 

‘‘(b) ELIGIBLE INDIVIDUALS.—An individual referred to in subsection (a) is any member of the Armed Forces who, at the time 

of the approval by the Secretary concerned of the member’s request 

to transfer entitlement to basic educational assistance under this 

section— 

‘‘(1) has completed six years of service in the Armed Forces; 

‘‘(2) either— 

‘‘(A) has a critical military skill designated by the 

Secretary concerned for purposes of this section; or 

‘‘(B) is in a military specialty designated by the Secretary concerned for purposes of this section as requiring 

critical military skills; and 

‘‘(3) enters into an agreement to serve at least four more 

years as a member of the Armed Forces. 

‘‘(c) ELIGIBLE DEPENDENTS.—An individual approved to transfer 

an entitlement to basic educational assistance under this section 

may transfer the individual’s entitlement as follows: 

‘‘(1) To the individual’s spouse.
 

‘‘(2) To one or more of the individual’s children.
 

‘‘(3) To a combination of the individuals referred to in
 

paragraphs (1) and (2). 

‘‘(d) LIMITATION ON MONTHS OF TRANSFER.—The total number 

of months of entitlement transferred by an individual under this 

section may not exceed 18 months. 

‘‘(e) DESIGNATION OF TRANSFEREE.—An individual transferring 

an entitlement to basic educational assistance under this section 

shall— 

‘‘(1) designate the dependent or dependents to whom such 

entitlement is being transferred; 

‘‘(2) designate the number of months of such entitlement 

to be transferred to each such dependent; and 

‘‘(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). 

‘‘(f) TIME FOR TRANSFER; REVOCATION AND MODIFICATION.— 

(1) Subject to the time limitation for use of entitlement under 

section 3031 of this title, an individual approved to transfer entitlement to basic educational assistance under this section may transfer 

such entitlement at any time after the approval of the individual’s 

request to transfer such entitlement without regard to whether 

the individual is a member of the Armed Forces when the transfer 

is executed. 

‘‘(2)(A) An individual transferring entitlement under this section 

may modify or revoke at any time the transfer of any unused 

portion of the entitlement so transferred. 

Notice.	 ‘‘(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of 

written notice of the action to both the Secretary concerned and 

the Secretary of Veterans Affairs. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1155
 

‘‘(g) COMMENCEMENT OF USE.—A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement 

until— 

‘‘(1) in the case of entitlement transferred to a spouse, 

the completion by the individual making the transfer of six 

years of service in the Armed Forces; or 

‘‘(2) in the case of entitlement transferred to a child, both— 

‘‘(A) the completion by the individual making the 

transfer of 10 years of service in the Armed Forces; and 

‘‘(B) either— 

‘‘(i) the completion by the child of the requirements 

of a secondary school diploma (or equivalency certificate); or 

‘‘(ii) the attainment by the child of 18 years of 

age. 

‘‘(h) ADDITIONAL ADMINISTRATIVE MATTERS.—(1) The use of any 

entitlement to basic educational assistance transferred under this 

section shall be charged against the entitlement of the individual 

making the transfer at the rate of one month for each month 

of transferred entitlement that is used. 

‘‘(2) Except as provided under subsection (e)(2) and subject 

to paragraphs (4) and (5), a dependent to whom entitlement is 

transferred under this section is entitled to basic educational assistance under this subchapter in the same manner and at the same 

rate as the individual from whom the entitlement was transferred. 

‘‘(3) The death of an individual transferring an entitlement 

under this section shall not affect the use of the entitlement by 

the dependent to whom the entitlement is transferred. 

‘‘(4) Notwithstanding section 3031 of this title, a child to whom 

entitlement is transferred under this section may not use any 

entitlement so transferred after attaining the age of 26 years. 

‘‘(5) The administrative provisions of this chapter (including 

the provisions set forth in section 3034(a)(1) of this title) shall 

apply to the use of entitlement transferred under this section, 

except that the dependent to whom the entitlement is transferred 

shall be treated as the eligible veteran for purposes of such provisions. 

‘‘(6) The purposes for which a dependent to whom entitlement 

is transferred under this section may use such entitlement shall 

include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). 

‘‘(i) OVERPAYMENT.—(1) In the event of an overpayment of basic 

educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the 

individual making the transfer shall be jointly and severally liable 

to the United States for the amount of the overpayment for purposes 

of section 3685 of this title. 

‘‘(2) Except as provided in paragraph (3), if an individual 

transferring entitlement under this section fails to complete the 

service agreed to by the individual under subsection (b)(3) in accordance with the terms of the agreement of the individual under 

that subsection, the amount of any transferred entitlement under 

this section that is used by a dependent of the individual as of 

the date of such failure shall be treated as an overpayment of 

basic educational assistance under paragraph (1). 

115 STAT. 1156 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(3) Paragraph (2) shall not apply in the case of an individual 

who fails to complete service agreed to by the individual— 

‘‘(A) by reason of the death of the individual; or 

‘‘(B) for a reason referred to in section 3011(a)(1)(A)(ii)(I) 

of this title. 

‘‘(j) APPROVALS OF TRANSFER SUBJECT TO AVAILABILITY OF 

APPROPRIATIONS.—The Secretary concerned may approve transfers 

of entitlement to basic educational assistance under this section 

in a fiscal year only to the extent that appropriations for military 

personnel are available in that fiscal year for purposes of making 

deposits in the Department of Defense Education Benefits Fund 

under section 2006 of title 10 in that fiscal year to cover the 

present value of future benefits payable from the Fund for the 

Department of Defense portion of payments of basic educational 

assistance attributable to increased usage of benefits as a result 

of such transfers of entitlement in that fiscal year. 

‘‘(k) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations for purposes of this section. Such regulations shall 

specify the manner and effect of an election to modify or revoke 

a transfer of entitlement under subsection (f)(2) and shall specify 

the manner of the applicability of the administrative provisions 

referred to in subsection (h)(5) to a dependent to whom entitlement 

is transferred under this section. 

Deadline. ‘‘(l) ANNUAL REPORT.—(1) Not later than January 31 each year 

(beginning in 2003), the Secretary of Defense shall submit to the 

Committees on Armed Services and the Committees on Veterans’ 

Affairs of the Senate and House of Representatives a report on 

the transfers of entitlement to basic educational assistance under 

this section that were approved by each Secretary concerned during 

the preceding fiscal year. 

‘‘(2) Each report shall set forth— 

‘‘(A) the number of transfers of entitlement under this 

section that were approved by such Secretary during the preceding fiscal year; or 

‘‘(B) if no transfers of entitlement under this section were 

approved by such Secretary during that fiscal year, a justification for such Secretary’s decision not to approve any such 

transfers of entitlement during that fiscal year. 

‘‘(m) SECRETARY CONCERNED DEFINED.—Notwithstanding section 101(25) of this title, in this section, the term ‘Secretary concerned’ means— 

‘‘(1) the Secretary of the Army with respect to matters 

concerning the Army; 

‘‘(2) the Secretary of the Navy with respect to matters 

concerning the Navy or the Marine Corps; 

‘‘(3) the Secretary of the Air Force with respect to matters 

concerning the Air Force; and 

‘‘(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Transportation 

when it is not operating as a service in the Navy.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 3019 

the following new item: 

‘‘3020. Transfer of entitlement to basic educational assistance: members of the 

Armed Forces with critical military skills.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1157
 

(b) TREATMENT UNDER DEPARTMENT OF DEFENSE EDUCATION 

BENEFITS FUND.—Section 2006(b)(2) of title 10, United States Code, 

is amended by adding at the end the following new subparagraph: ‘‘(D) The present value of future benefits payable from 

the Fund for the Department of Defense portion of payments of educational assistance under subchapter II of 

chapter 30 of title 38 attributable to increased usage of 

benefits as a result of transfers of entitlement to basic 

educational assistance under section 3020 of that title 

during such period.’’. 

(c) PLAN FOR IMPLEMENTATION.—Not later than June 30, 2002, 

the Secretary of Defense shall submit to Congress a report 

describing the manner in which the Secretaries of the military 

departments and the Secretary of Transportation propose to exercise 

the authority granted by section 3020 of title 38, United States 

Code, as added by subsection (a). The report shall include the 

regulations prescribed under subsection (k) of that section for purposes of the exercise of the authority. 

(d) FUNDING FOR FISCAL YEAR 2002.—Of the amount authorized 

to be appropriated to the Department of Defense for military personnel for fiscal year 2002 by section 421, $30,000,000 may be 

available in fiscal year 2002 for deposit into the Department of 

Defense Education Benefits Fund under section 2006 of title 10, 

United States Code, for purposes of covering payments of amounts 

under subparagraph (D) of section 2006(b)(2) of such title (as added 

by subsection (b)), as a result of transfers of entitlement to basic 

educational assistance under section 3020 of title 38, United States 

Code (as added by subsection (a)). 

TITLE VII—HEALTH CARE PROVISIONS 

Subtitle A—TRICARE Program Improvements 

Sec. 701. Sub-acute and long-term care program reform.

Sec. 702. Prosthetics and hearing aids.

Sec. 703. Durable medical equipment.

Sec. 704. Rehabilitative therapy.

Sec. 705. Report on mental health benefits.

Sec. 706. Clarification of eligibility for reimbursement of travel expenses of adult 

accompanying patient in travel for specialty care.

Sec. 707. TRICARE program limitations on payment rates for institutional health 

care providers and on balance billing by institutional and noninstitutional health care providers.

Sec. 708. Improvements in administration of the TRICARE program. 

Subtitle B—Senior Health Care 

Sec. 711. Clarifications and improvements regarding the Department of Defense 

Medicare-Eligible Retiree Health Care Fund. 

Subtitle C—Studies and Reports 

Sec. 721. Comptroller General study of health care coverage of members of the reserve components of the Armed Forces and the National Guard.

Sec. 722. Comptroller General study of adequacy and quality of health care provided to women under the defense health program.

Sec. 723. Repeal of obsolete report requirement.

Sec. 724. Comptroller General report on requirement to provide screenings, physical examinations, and other care for certain members. 

Subtitle D—Other Matters 

Sec. 731. Prohibition against requiring military retirees to receive health care solely through the Department of Defense.

Sec. 732. Fees for trauma and other medical care provided to civilians.

Sec. 733. Enhancement of medical product development. 

Deadline.
 

Reports.
 

115 STAT. 1158 PUBLIC LAW 107–107—DEC. 28, 2001
 

Regulations. 

Sec. 734. Pilot program providing for Department of Veterans Affairs support in 

the performance of separation physical examinations. Sec. 735. Modification of prohibition on requirement of nonavailability statement or 

preauthorization. Sec. 736. Transitional health care for members separated from active duty.

Sec. 737. Two-year extension of health care management demonstration program.

Sec. 738. Joint DOD-VA pilot program for providing graduate medical education 

and training for physicians. 

Subtitle A—TRICARE Program 

Improvements 

SEC. 701. SUB-ACUTE AND LONG-TERM CARE PROGRAM REFORM. 

(a) IN GENERAL.—(1) Chapter 55 of title 10, United States 

Code, is amended by inserting after section 1074i the following 

new section: 

‘‘§ 1074j. Sub-acute care program 

‘‘(a) ESTABLISHMENT.—The Secretary of Defense shall establish 

an effective, efficient, and integrated sub-acute care benefits program under this chapter (hereinafter referred to in this section 

as the ‘program’). Except as otherwise provided in this section, 

the types of health care authorized under the program shall be 

the same as those provided under section 1079 of this title. The 

Secretary, after consultation with the other administering Secretaries, shall promulgate regulations to carry out this section. 

‘‘(b) BENEFITS.—(1) The program shall include a uniform skilled 

nursing facility benefit that shall be provided in the manner and 

under the conditions described in section 1861 (h) and (i) of the 

Social Security Act (42 U.S.C. 1395x (h) and (i)), except that the 

limitation on the number of days of coverage under section 1812 

(a) and (b) of such Act (42 U.S.C. 1395d (a) and (b)) shall not 

be applicable under the program. Skilled nursing facility care for 

each spell of illness shall continue to be provided for as long 

as medically necessary and appropriate. 

‘‘(2) In this subsection: 

‘‘(A) The term ‘skilled nursing facility’ has the meaning 

given such term in section 1819(a) of the Social Security Act 

(42 U.S.C. 1395i–3(a)). ‘‘(B) The term ‘spell of illness’ has the meaning given such 

term in section 1861(a) of such Act (42 U.S.C. 1395x(a)). 

‘‘(3) The program shall include a comprehensive, part-time or 

intermittent home health care benefit that shall be provided in 

the manner and under the conditions described in section 1861(m) 

of the Social Security Act (42 U.S.C. 1395x(m)).’’. (2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 1074i 

the following new item: 

‘‘1074j. Sub-acute care program.’’. 

(b) EXTENDED BENEFITS FOR DISABLED BENEFICIARIES.—Section 

1079 of title 10, United States Code, is amended by striking subsections (d), (e), and (f) and inserting the following new subsections: 

‘‘(d)(1) The Secretary of Defense shall establish a program 

to provide extended benefits for eligible dependents, which may 

include the provision of comprehensive health care services, 

including case management services, to assist in the reduction 

of the disabling effects of a qualifying condition of an eligible 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1159
 

dependent. Registration shall be required to receive the extended 

benefits. 

‘‘(2) The Secretary of Defense, after consultation with the other 

administering Secretaries, shall promulgate regulations to carry 

out this subsection. 

‘‘(3) In this subsection: 

‘‘(A) The term ‘eligible dependent’ means a dependent of 

a member of the uniformed services on active duty for a period 

of more than 30 days, as described in subparagraph (A), (D), 

or (I) of section 1072(2) of this title, who has a qualifying 

condition. 

‘‘(B) The term ‘qualifying condition’ means the condition 

of a dependent who is moderately or severely mentally retarded, 

has a serious physical disability, or has an extraordinary physical or psychological condition. 

‘‘(e) Extended benefits for eligible dependents under subsection 

(d) may include comprehensive health care services (including services necessary to maintain, or minimize or prevent deterioration 

of, function of the patient) and case management services with 

respect to the qualifying condition of such a dependent, and include, 

to the extent such benefits are not provided under provisions of 

this chapter other than under this section, the following: 

‘‘(1) Diagnosis. 

‘‘(2) Inpatient, outpatient, and comprehensive home health 

care supplies and services which may include cost effective 

and medically appropriate services other than part-time or 

intermittent services (within the meaning of such terms as 

used in the second sentence of section 1861(m) of the Social 

Security Act). 

‘‘(3) Training, rehabilitation, special education, and 

assistive technology devices. 

‘‘(4) Institutional care in private nonprofit, public, and State 

institutions and facilities and, if appropriate, transportation 

to and from such institutions and facilities. 

‘‘(5) Custodial care, notwithstanding the prohibition in section 1077(b)(1) of this title. 

‘‘(6) Respite care for the primary caregiver of the eligible 

dependent. 

‘‘(7) Such other services and supplies as determined appropriate by the Secretary, notwithstanding the limitations in 

subsection (a)(13). 

‘‘(f)(1) Members shall be required to share in the cost of any 

benefits provided to their dependents under subsection (d) as follows: 

‘‘(A) Members in the lowest enlisted pay grade shall be 

required to pay the first $25 incurred each month, and members 

in the highest commissioned pay grade shall be required to 

pay the first $250 incurred each month. The amounts to be 

paid by members in all other pay grades shall be determined 

under regulations to be prescribed by the Secretary of Defense 

in consultation with the administering Secretaries. 

‘‘(B) A member who has more than one dependent incurring 

expenses in a given month under a plan covered by subsection 

(d) shall not be required to pay an amount greater than would 

be required if the member had only one such dependent. 

Regulations. 

Regulations. 

115 STAT. 1160 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(2) In the case of extended benefits provided under paragraph 

(3) or (4) of subsection (e) to a dependent of a member of the 

uniformed services— ‘‘(A) the Government’s share of the total cost of providing 

such benefits in any month shall not exceed $2,500, except 

for costs that a member is exempt from paying under paragraph 

(3); and 

‘‘(B) the member shall pay (in addition to any amount 

payable under paragraph (1)) the amount, if any, by which 

the amount of such total cost for the month exceeds the Government’s maximum share under subparagraph (A). 

‘‘(3) A member of the uniformed services who incurs expenses 

under paragraph (2) for a month for more than one dependent 

shall not be required to pay for the month under subparagraph 

(B) of that paragraph an amount greater than the amount the 

member would otherwise be required to pay under that subparagraph for the month if the member were incurring expenses under 

that subparagraph for only one dependent. 

‘‘(4) To qualify for extended benefits under paragraph (3) or 

(4) of subsection (e), a dependent of a member of the uniformed 

services shall be required to use public facilities to the extent 

such facilities are available and adequate, as determined under 

joint regulations of the administering Secretaries. 

Regulations.	 ‘‘(5) The Secretary of Defense, in consultation with the other 

administering Secretaries, shall prescribe regulations to carry out 

this subsection.’’. 

(c) DEFINITIONS OF CUSTODIAL CARE AND DOMICILIARY CARE.— 

Section 1072 of title 10, United States Code, is amended by adding 

at the end the following new paragraphs: 

‘‘(8) The term ‘custodial care’ means treatment or services, 

regardless of who recommends such treatment or services or 

where such treatment or services are provided, that— 

‘‘(A) can be rendered safely and reasonably by a person 

who is not medically skilled; or 

‘‘(B) is or are designed mainly to help the patient 

with the activities of daily living. 

‘‘(9) The term ‘domiciliary care’ means care provided to 

a patient in an institution or homelike environment because— 

‘‘(A) providing support for the activities of daily living 

in the home is not available or is unsuitable; or 

‘‘(B) members of the patient’s family are unwilling 

to provide the care.’’. 

10 USC 1079 (d) CONTINUATION OF INDIVIDUAL CASE MANAGEMENT SERVICES 

note. FOR CERTAIN ELIGIBLE BENEFICIARIES.—(1) Notwithstanding the 

termination of the Individual Case Management Program by subsection (g), the Secretary of Defense shall, in any case in which 

the Secretary makes the determination described in paragraph 

(2), continue to provide payment as if such program were in effect 

for home health care or custodial care services provided to an 

eligible beneficiary that would otherwise be excluded from coverage 

under regulations implementing chapter 55 of title 10, United States 

Code. 

(2) The determination referred to in paragraph (1) is a determination that discontinuation of payment for services not otherwise 

provided under such chapter would result in the provision of services inadequate to meet the needs of the eligible beneficiary and 

would be unjust to such beneficiary. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1161
 

(3) For purposes of this subsection, ‘‘eligible beneficiary’’ means 

a covered beneficiary (as that term is defined in section 1072 

of title 10, United States Code) who, before the effective date 

of this section, was provided custodial care services under the 

Individual Case Management Program for which the Secretary provided payment. 

(e) REPORT ON INITIATIVES REGARDING LONG-TERM CARE.— The Secretary of Defense shall, not later than April 1, 2002, submit 

to Congress a report on the feasibility and desirability of establishing new initiatives, taking into account chapter 90 of title 5, 

United States Code, to improve the availability of long-term care 

for members and retired members of the uniformed services and 

their families. 

(f) REFERENCE IN TITLE 10 TO LONG-TERM CARE PROGRAM 

IN TITLE 5.—(1) Chapter 55 of title 10, United States Code, is 

amended by inserting after section 1074j (as added by subsection 

(a)) the following new section: 

‘‘§ 1074k. Long-term care insurance 

‘‘Provisions regarding long-term care insurance for members 

and certain former members of the uniformed services and their 

families are set forth in chapter 90 of title 5.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 1074j 

(as added by subsection (a)) the following new item: 

‘‘1074k. Long-term care insurance.’’. 

(g) CONFORMING AMENDMENTS.—(1) The following provisions 

of law are repealed: 

(A) Section 703 of the National Defense Authorization Act 

for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 682; 10 

U.S.C. 1077 note). 

(B) Section 8118 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 113 Stat. 1260). 

(C) Section 8100 of the Department of Defense Appropriations Act, 2001 (Public Law 106–259; 114 Stat. 696). 

(2) Section 1079 of title 10, United States Code, is amended 

in subsection (a) by striking paragraph (17). 

SEC. 702. PROSTHETICS AND HEARING AIDS. 

Section 1077 of title 10, United States Code, is amended— 

(1) in subsection (a), by adding at the end the following: 

‘‘(16) A hearing aid, but only for a dependent of a member 

of the uniformed services on active duty and only if the 

dependent has a profound hearing loss, as determined under 

standards prescribed in regulations by the Secretary of Defense 

in consultation with the administering Secretaries.’’; 

(2) in subsection (b)(2), by striking ‘‘Hearing aids, orthopedic footwear,’’ and inserting ‘‘Orthopedic footwear’’; and 

(3) by adding at the end the following new subsection: 

‘‘(e)(1) Authority to provide a prosthetic device under subsection 

(a)(15) includes authority to provide the following: 

‘‘(A) Any accessory or item of supply that is used in conjunction with the device for the purpose of achieving therapeutic 

benefit and proper functioning. 

‘‘(B) Services necessary to train the recipient of the device 

in the use of the device. 

Deadline. 

115 STAT. 1162 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(C) Repair of the device for normal wear and tear or 

damage. ‘‘(D) Replacement of the device if the device is lost or 

irreparably damaged or the cost of repair would exceed 60 

percent of the cost of replacement. 

‘‘(2) An augmentative communication device may be provided 

as a voice prosthesis under subsection (a)(15). ‘‘(3) A prosthetic device customized for a patient may be provided under this section only by a prosthetic practitioner who is 

qualified to customize the device, as determined under regulations 

prescribed by the Secretary of Defense in consultation with the 

administering Secretaries.’’. 

SEC. 703. DURABLE MEDICAL EQUIPMENT. 

(a) ITEMS AUTHORIZED.—Section 1077 of title 10, United States 

Code, as amended by section 702, is further amended— (1) in subsection (a)(12), by striking ‘‘such as wheelchairs, 

iron lungs, and hospital beds’’ and inserting ‘‘which’’; and 

(2) by adding at the end the following new subsection: 

‘‘(f)(1) Items that may be provided to a patient under subsection 

(a)(12) include the following: 

‘‘(A) Any durable medical equipment that can improve, 

restore, or maintain the function of a malformed, diseased, 

or injured body part, or can otherwise minimize or prevent 

the deterioration of the patient’s function or condition. 

‘‘(B) Any durable medical equipment that can maximize 

the patient’s function consistent with the patient’s physiological 

or medical needs. 

‘‘(C) Wheelchairs.
 

‘‘(D) Iron lungs.
 

‘‘(E) Hospital beds.
 ‘‘(2) In addition to the authority to provide durable medical 

equipment under subsection (a)(12), any customization of equipment 

owned by the patient that is durable medical equipment authorized 

to be provided to the patient under this section or section 1079(a)(5) 

of this title, and any accessory or item of supply for any such 

equipment, may be provided to the patient if the customization, 

accessory, or item of supply is essential for— 

‘‘(A) achieving therapeutic benefit for the patient; 

‘‘(B) making the equipment serviceable; or 

‘‘(C) otherwise assuring the proper functioning of the equipment.’’. 

(b) PROVISION OF ITEMS ON RENTAL BASIS.—Paragraph (5) of 

section 1079(a) of such title is amended to read as follows: ‘‘(5) Durable equipment provided under this section may 

be provided on a rental basis.’’. 

SEC. 704. REHABILITATIVE THERAPY. 

Section 1077(a) of title 10, United States Code, as amended 

by sections 702 and 703, is further amended by inserting after 

paragraph (16) the following new paragraph: ‘‘(17) Any rehabilitative therapy to improve, restore, or 

maintain function, or to minimize or prevent deterioration of 

function, of a patient when prescribed by a physician.’’. 

SEC. 705. REPORT ON MENTAL HEALTH BENEFITS. 

(a) REQUIREMENT FOR STUDY.—The Secretary of Defense shall 

carry out a study to determine the adequacy of the scope and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1163
 

availability of outpatient mental health benefits provided for members of the Armed Forces and covered beneficiaries under the 

TRICARE program. 

(b) REPORT.—Not later than March 31, 2002, the Secretary 

shall submit to the Committees on Armed Services of the Senate 

and the House of Representatives a report on the study, including 

the conclusions and any recommendations for legislation that the 

Secretary considers appropriate. 

SEC. 706. CLARIFICATION OF ELIGIBILITY FOR REIMBURSEMENT OF 

TRAVEL EXPENSES OF ADULT ACCOMPANYING PATIENT 

IN TRAVEL FOR SPECIALTY CARE. 

Section 1074i of title 10, United States Code, is amended by 

inserting before the period at the end the following: ‘‘and, when 

accompaniment by an adult is necessary, for a parent or guardian 

of the covered beneficiary or another member of the covered beneficiary’s family who is at least 21 years of age’’. 

SEC. 707. TRICARE PROGRAM LIMITATIONS ON PAYMENT RATES FOR 

INSTITUTIONAL HEALTH CARE PROVIDERS AND ON BALANCE BILLING BY INSTITUTIONAL AND NONINSTITUTIONAL HEALTH CARE PROVIDERS. 

(a) INSTITUTIONAL PROVIDERS.—Section 1079(j) of title 10, 

United States Code, is amended— (1) in paragraph (2)(A)— (A) by striking ‘‘(A)’’; and 

(B) by striking ‘‘may be determined under joint regulations’’ and inserting ‘‘shall be determined under joint regulations’’; 

(2) by redesignating subparagraph (B) of paragraph (2) 

as paragraph (4), and, in such paragraph, as so redesignated, 

by striking ‘‘subparagraph (A),’’ and inserting ‘‘this subsection,’’; 

and 

(3) by inserting before paragraph (4), as redesignated by 

paragraph (2), the following new paragraph (3): 

‘‘(3) A contract for a plan covered by this section shall include 

a clause that prohibits each provider of services under the plan 

from billing any person covered by the plan for any balance of 

charges for services in excess of the amount paid for those services 

under the joint regulations referred to in paragraph (2), except 

for any unpaid amounts of deductibles or copayments that are 

payable directly to the provider by the person.’’. (b) NONINSTITUTIONAL PROVIDERS.—Section 1079(h)(4) of such 

title is amended— (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; and 

(2) by adding at the end the following new subparagraph: ‘‘(B) The regulations shall include a restriction that prohibits 

an individual health care professional (or other noninstitutional 

health care provider) from billing a beneficiary for services for 

more than the amount that is equal to— 

‘‘(i) the excess of the limiting charge (as defined in section 

1848(g)(2) of the Social Security Act (42 U.S.C. 1395w–4(g)(2))) 

that would be applicable if the services had been provided 

by the professional (or other provider) as an individual health 

care professional (or other noninstitutional health care provider) on a nonassignment-related basis under part B of title 

XVIII of such Act over the amount that is payable by the 

United States for those services under this subsection, plus 

Deadline. 

Regulations. 

115 STAT. 1164 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 1079 

note. 

10 USC 1072 

note. 

‘‘(ii) any unpaid amounts of deductibles or copayments that 

are payable directly to the professional (or other provider) by 

the beneficiary.’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date that is 90 days after the date of 

the enactment of this Act. 

SEC. 708. IMPROVEMENTS IN ADMINISTRATION OF THE TRICARE PROGRAM. 

(a) FLEXIBILITY IN CONTRACTING.—(1) During the one-year 

period following the date of the enactment of this Act, section 

1072(7) of title 10, United States Code, shall be deemed to be 

amended by striking ‘‘the competitive selection of contractors to 

financially underwrite’’. 

(2) The terms and conditions of any contract to provide health 

care services under the TRICARE program entered into during 

the period described in paragraph (1) shall not be considered to 

be modified or terminated as a result of the termination of such 

period. 

(b) REDUCTION OF CONTRACT START-UP TIME.—Section 1095c(b) 

of such title is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘The’’ and inserting ‘‘Except as provided 

in paragraph (3), the’’; and 

(B) by striking ‘‘contract.’’ and all that follows through 

‘‘as soon as practicable after the award of the’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(3) The Secretary may reduce the nine-month start-up period 

required under paragraph (1) if— 

‘‘(A) the Secretary— 

‘‘(i) determines that a shorter period is sufficient to 

ensure effective implementation of all contract requirements; and 

‘‘(ii) submits notification to the Committees on Armed 

Services of the House of Representatives and the Senate 

of the Secretary’s intent to reduce the nine-month startup period; and 

‘‘(B) 60 days have elapsed since the date of such notification.’’. 

Subtitle B—Senior Health Care 

SEC. 711. CLARIFICATIONS AND IMPROVEMENTS REGARDING THE 

DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE 

HEALTH CARE FUND. 

(a) CLARIFICATION REGARDING COVERAGE.—Subsection (b) of 

section 1111 of title 10, United States Code, is amended to read 

as follows: 

‘‘(b) In this chapter: 

‘‘(1) The term ‘uniformed services retiree health care programs’ means the provisions of this title or any other provision 

of law creating an entitlement to or eligibility for health care 

for a member or former member of a participating uniformed 

service who is entitled to retired or retainer pay, and an eligible 

dependent under such program. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1165
 

‘‘(2) The term ‘eligible dependent’ means a dependent 

described in section 1076(a)(2) (other than a dependent of a 

member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3) of 

this title. 

‘‘(3) The term ‘medicare-eligible’, with respect to any person, 

means entitled to benefits under part A of title XVIII of the 

Social Security Act (42 U.S.C. 1395c et seq.). 

‘‘(4) The term ‘participating uniformed service’ means the 

Army, Navy, Air Force, and Marine Corps, and any other 

uniformed service that is covered by an agreement entered 

into under subsection (c).’’. 

(b) PARTICIPATION OF OTHER UNIFORMED SERVICES.—(1) Section 

1111 of such title is further amended by adding at the end the 

following new subsection: ‘‘(c) The Secretary of Defense may enter into an agreement 

with any other administering Secretary (as defined in section 

1072(3) of this title) for participation in the Fund by a uniformed 

service under the jurisdiction of that Secretary. Any such agreement 

shall require that Secretary to determine contributions to the Fund 

on behalf of the members of the uniformed service under the jurisdiction of that Secretary in a manner comparable to the determination with respect to contributions to the Fund made by the Secretary 

of Defense under section 1116 of this title, and such administering 

Secretary may make such contributions.’’. (2) Section 1112 of such title is amended by adding at the 

end the following new paragraph: ‘‘(4) Amounts paid into the Fund pursuant to section 1111(c) 

of this title.’’. 

(3) Section 1115 of such title is amended— 

(A) in subsection (a), by inserting ‘‘participating’’ before 

‘‘uniformed services’’; 

(B) in subparagraphs (A)(ii) and (B)(ii) of subsection (b)(1), 

by inserting ‘‘under the jurisdiction of the Secretary of Defense’’ 

after ‘‘uniformed services’’; 

(C) in subsection (b)(2), by inserting ‘‘(or to the other executive department having jurisdiction over the participating uniformed service)’’ after ‘‘Department of Defense’’; and 

(D) in subparagraphs (A) and (B) of subsection (c)(1), by 

inserting ‘‘participating’’ before ‘‘uniformed services’’. 

(4) Section 1116(a) of such title is amended in paragraphs 

(1)(B) and (2)(B) by inserting ‘‘under the jurisdiction of the Secretary 

of Defense’’ after ‘‘uniformed services’’. 

(c) CLARIFICATION OF PAYMENTS FROM THE FUND.—(1) Subsection (a) of section 1113 of such title is amended to read as 

follows: 

‘‘(a) There shall be paid from the Fund amounts payable for 

the costs of all uniformed service retiree health care programs 

for the benefit of members or former members of a participating 

uniformed service who are entitled to retired or retainer pay and 

are medicare eligible, and eligible dependents who are medicare 

eligible.’’. (2) Such section is further amended by adding at the end 

the following new subsections: 

‘‘(c)(1) In carrying out subsection (a), the Secretary of Defense 

may transfer periodically from the Fund to applicable appropriations of the Department of Defense, or to applicable appropriations 

of other departments or agencies, such amounts as the Secretary 

115 STAT. 1166 PUBLIC LAW 107–107—DEC. 28, 2001
 

determines necessary to cover the costs chargeable to those appropriations for uniformed service retiree health care programs for 

beneficiaries under those programs who are medicare-eligible. Such 

transfers may include amounts necessary for the administration 

of such programs. Amounts so transferred shall be merged with 

and be available for the same purposes and for the same time 

period as the appropriation to which transferred. Upon a determination that all or part of the funds transferred from the Fund are 

not necessary for the purposes for which transferred, such amounts 

may be transferred back to the Fund. This transfer authority is 

in addition to any other transfer authority that may be available 

to the Secretary. 

‘‘(2) A transfer from the Fund under paragraph (1) may not 

be made to an appropriation after the end of the second fiscal 

year after the fiscal year that the appropriation is available for 

obligation. A transfer back to the Fund under paragraph (1) may 

not be made after the end of the second fiscal year after the 

fiscal year for which the appropriation to which the funds were 

originally transferred is available for obligation. 

Regulations. ‘‘(d) The Secretary of Defense shall by regulation establish 

the method or methods for calculating amounts to be transferred 

under subsection (c). Such method or methods may be based (in 

whole or in part) on a proportionate share of the volume (measured 

as the Secretary determines appropriate) of health care services 

provided or paid for under uniformed service retiree health care 

programs for beneficiaries under those programs who are medicareeligible in relation to the total volume of health care services 

provided or paid for under Department of Defense health care 

programs. 

Deadlines. ‘‘(e) The regulations prescribed by the Secretary under subsection (d) shall be provided to the Comptroller General not less 

Reports. than 60 days before such regulations become effective. The Comptroller General shall, not later than 30 days after receiving such 

regulations, report to the Secretary of Defense and Congress on 

the adequacy and appropriateness of the regulations. 

‘‘(f) If the Secretary of Defense enters into an agreement with 

another administering Secretary pursuant to section 1111(c), the 

Secretary of Defense may take the actions described in subsections 

(c), (d), and (e) on behalf of the beneficiaries and programs of 

the other participating uniformed service.’’. 

(d) SOURCE OF FUNDS FOR MONTHLY ACCRUAL PAYMENTS INTO 

THE FUND.—Section 1116 of such title is further amended— 

(1) in subsection (a)(2)(B) (as amended by subsection (b)(4)), 

by striking the sentence beginning ‘‘Amounts paid into’’; and 

(2) by adding at the end the following new subsection: 

‘‘(c) Amounts paid into the Fund under subsection (a) shall 

be paid from funds available for the health care programs of the 

participating uniformed services under the jurisdiction of the respective administering Secretaries.’’. 

(e) TECHNICAL AMENDMENTS.—(1) Sections 1111(a), 1115(c)(2), 

1116(a)(1)(A), and 1116(a)(2)(A) of such title are amended by 

striking ‘‘Department of Defense retiree health care programs’’ and 

inserting ‘‘uniformed services retiree health care programs’’. 

(2) The heading for section 1111 of such title is amended 

to read as follows: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1167
 

‘‘§ 1111. Establishment and purpose of Fund; definitions; 

authority to enter into agreements’’. 

(3) The item relating to section 1111 in the table of sections 

at the beginning of chapter 56 of such title is amended to read 

as follows: 

‘‘1111. Establishment and purpose of Fund; definitions; authority to enter into 

agreements.’’. 

(f) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of chapter 56 

of title 10, United States Code, by section 713(a)(1) of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398; 114 Stat. 1654A– 179). 

(g) FIRST YEAR CONTRIBUTIONS.—With respect to contributions 

under section 1116(a) of title 10, United States Code, for the first 

year that the Department of Defense Medicare-Eligible Retiree 

Health Care Fund is established under chapter 56 of such title, 

if the Board of Actuaries is unable to execute its responsibilities 

with respect to such section, the Secretary of Defense may make 

contributions under such section using methods and assumptions 

developed by the Secretary. 

Subtitle C—Studies and Reports 

SEC. 721. COMPTROLLER GENERAL STUDY OF HEALTH CARE COVERAGE OF MEMBERS OF THE RESERVE COMPONENTS OF 

THE ARMED FORCES AND THE NATIONAL GUARD. 

(a) REQUIREMENT FOR STUDY.—The Comptroller General shall 

carry out a study of the needs of members of the reserve components 

of the Armed Forces and the National Guard and their families 

for health care benefits. The study shall include the following: 

(1) An analysis of how members of the reserve components 

of the Armed Forces and the National Guard currently obtain 

coverage for health care benefits when not on active duty, 

together with statistics on enrollments in health care benefits 

plans, including— 

(A) the percentage of such members who are not covered by an employer health benefits plan; 

(B) the percentage of such members who are not covered by an individual health benefits plan; and 

(C) the percentage of such members who are not covered by any health insurance or other health benefits plan. 

(2) An assessment of the disruptions in health benefits 

coverage that a mobilization of members of the reserve components of the Armed Forces and the National Guard causes 

for the members and their families. 

(3) An assessment of the cost and effectiveness of various 

options for preventing or reducing disruptions described in 

paragraph (2), including— 

(A) providing health care benefits to all members of 

the reserve components of the Armed Forces and the 

National Guard and their families through the TRICARE 

program, the Federal Employees Health Benefits Program, 

or otherwise; 

10 USC 1111 

note. 

10 USC 1116 

note. 

115 STAT. 1168 PUBLIC LAW 107–107—DEC. 28, 2001
 

(B) revising and extending the program of transitional 

medical and dental care that is provided under section 

1074b of title 10, United States Code, for members of 

the Armed Forces upon release from active duty served 

in support of a contingency operation; 

(C) requiring the health benefits plans of such members, including individual health benefits plans and group 

health benefits plans, to permit such members to elect 

to resume coverage under such health benefits plans upon 

release from active duty in support of a contingency operation; 

(D) allowing members of the reserve components of 

the Armed Forces and the National Guard to participate 

in TRICARE Standard using various cost-sharing arrangements; 

(E) providing employers of members of the reserve 

components of the Armed Forces and the National Guard 

with the option of paying the costs of participation in 

the TRICARE program for such members and their families 

using various cost-sharing arrangements; 

(F) providing financial assistance for paying premiums 

or other subscription charges for continuation of coverage 

by private sector health insurance or other health benefits 

plans; and 

(G) any other options that the Comptroller General 

determines advisable to consider. 

Deadline.	 (b) REPORT.—Not later than May 1, 2002, the Comptroller 

General shall submit to Congress a report describing the findings 

of the study conducted under subsection (a). 

SEC. 722. COMPTROLLER GENERAL STUDY OF ADEQUACY AND 

QUALITY OF HEALTH CARE PROVIDED TO WOMEN UNDER 

THE DEFENSE HEALTH PROGRAM. 

(a) REQUIREMENT FOR STUDY.—The Comptroller General shall 

carry out a study of the adequacy and quality of the health care 

provided to women under chapter 55 of title 10, United States 

Code. 

(b) SPECIFIC CONSIDERATION.—The study shall include an intensive review of the availability and quality of reproductive health 

care services. 

Deadline.	 (c) REPORT.—The Comptroller General shall submit a report 

on the results of the study to Congress not later than May 1, 

2002. 

SEC. 723. REPEAL OF OBSOLETE REPORT REQUIREMENT. 

Section 701 of the National Defense Authorization Act for Fiscal 

Year 2000 (Public Law 106–65; 10 U.S.C. 1074g note) is amended 

by striking subsection (d). 

SEC. 724. COMPTROLLER GENERAL REPORT ON REQUIREMENT TO 

PROVIDE SCREENINGS, PHYSICAL EXAMINATIONS, AND 

OTHER CARE FOR CERTAIN MEMBERS. 

(a) REPORT REQUIRED.—The Comptroller General shall prepare 

a report on the advisability, need, and cost effectiveness of the 

requirements under section 1074a(d) of title 10, United States Code, 

that the Secretary of the Army provide medical and dental 

screenings, physical examinations, and certain dental care for early 

deploying members of the Selected Reserve. The report shall include 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1169
 

any recommendations for changes to such requirements based on 

the most current information available on the value of periodic 

physical examinations and any role such examinations play in 

monitoring force and individual member pre-deployment and postdeployment health status. 

(b) DEADLINE FOR SUBMISSION.—The report required by subsection (a) shall be provided to the Committees on Armed Services 

of the Senate and the House of Representatives not later than 

June 1, 2002. 

Subtitle D—Other Matters 

SEC. 731. PROHIBITION AGAINST REQUIRING MILITARY RETIREES TO 

RECEIVE HEALTH CARE SOLELY THROUGH THE DEPARTMENT OF DEFENSE. 

(a) PROHIBITION.—Chapter 55 of title 10, United States Code, 

is amended by inserting after section 1086a the following new 

section: 

‘‘§ 1086b. Prohibition against requiring retired members to

receive health care solely through the Department of Defense 

‘‘The Secretary of Defense may not take any action that would 

require, or have the effect of requiring, a member or former member 

of the armed forces who is entitled to retired or retainer pay 

to enroll to receive health care from the Federal Government only 

through the Department of Defense.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 1086a the following new item: 

‘‘1086b. Prohibition against requiring retired members to receive health care solely 

through the Department of Defense.’’. 

SEC. 732. FEES FOR TRAUMA AND OTHER MEDICAL CARE PROVIDED 

TO CIVILIANS. 

(a) REQUIREMENT TO IMPLEMENT PROCEDURES.—(1) Chapter 

55 of title 10, United States Code, is amended by inserting after 

section 1079a the following new section: 

‘‘§ 1079b. Procedures for charging fees for care provided to

civilians; retention and use of fees collected 

‘‘(a) REQUIREMENT TO IMPLEMENT PROCEDURES.—The Secretary 

of Defense shall implement procedures under which a military 

medical treatment facility may charge civilians who are not covered 

beneficiaries (or their insurers) fees representing the costs, as determined by the Secretary, of trauma and other medical care provided 

to such civilians. 

‘‘(b) USE OF FEES COLLECTED.—A military medical treatment 

facility may retain and use the amounts collected under subsection 

(a) for— ‘‘(1) trauma consortium activities; 

‘‘(2) administrative, operating, and equipment costs; and 

‘‘(3) readiness training.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 1079a 

the following new item: 

115 STAT. 1170 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 1079 

note. 

10 USC 1071 

note. 

‘‘1079b. Procedures for charging fees for care provided to civilians; retention and 

use of fees collected.’’. 

(b) DEADLINE FOR IMPLEMENTATION.—The Secretary of Defense 

shall begin to implement the procedures required by section 

1079b(a) of title 10, United States Code (as added by subsection 

(a)), not later than one year after the date of the enactment of 

this Act. 

SEC. 733. ENHANCEMENT OF MEDICAL PRODUCT DEVELOPMENT. 

Section 980 of title 10, United States Code, is amended— 

(1) by inserting ‘‘(a)’’ before ‘‘Funds’’; and 

(2) by adding at the end the following new subsection: 

‘‘(b) The Secretary of Defense may waive the prohibition in 

this section with respect to a specific research project to advance 

the development of a medical product necessary to the armed forces 

if the research project may directly benefit the subject and is 

carried out in accordance with all other applicable laws.’’. 

SEC. 734. PILOT PROGRAM PROVIDING FOR DEPARTMENT OF VETERANS AFFAIRS SUPPORT IN THE PERFORMANCE OF 

SEPARATION PHYSICAL EXAMINATIONS. 

(a) AUTHORITY.—The Secretary of Defense and the Secretary 

of Veterans Affairs may jointly carry out a pilot program under 

which the Secretary of Veterans Affairs may perform the physical 

examinations required for members of the uniformed services separating from the uniformed services who are in one or more 

geographic areas designated for the pilot program by the Secretaries. 

(b) REIMBURSEMENT.—The Secretary of Defense shall reimburse 

the Secretary of Veterans Affairs for the cost incurred by the 

Secretary of Veterans Affairs in performing, under the pilot program, the elements of physical examination that are required by 

the Secretary concerned in connection with the separation of a 

member of a uniformed service. Reimbursements shall be paid 

out of funds available for the performance of separation physical 

examinations of members of that uniformed service in facilities 

of the uniformed services. 

(c) AGREEMENT.—(1) If the Secretary of Defense and the Secretary of Veterans Affairs carry out the pilot program authorized 

by this section, the Secretaries shall enter into an agreement specifying the geographic areas in which the pilot program is carried 

out and the means for making reimbursement payments under 

subsection (b). 

(2) The other administering Secretaries shall also enter into 

the agreement to the extent that the Secretary of Defense determines necessary to apply the pilot program, including the requirement for reimbursement, to the uniformed services not under the 

jurisdiction of the Secretary of a military department. 

(d) CONSULTATION REQUIREMENT.—In developing and carrying 

out the pilot program, the Secretary of Defense shall consult with 

the other administering Secretaries. 

(e) PERIOD OF PROGRAM.—The Secretary of Defense and the 

Secretary of Veterans Affairs may carry out the pilot program 

under this section beginning not later than July 1, 2002, and 

terminating on December 31, 2005. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1171
 

(f) REPORTS.—(1) If the Secretary of Defense and the Secretary 

of Veterans Affairs carry out the pilot program authorized by this 

section— 

(A) not later than January 31, 2004, the Secretaries shall 

jointly submit to Congress an interim report on the conduct 

of the pilot program; and 

(B) not later than March 1, 2005, the Secretaries shall 

jointly submit to Congress a final report on the conduct of 

the pilot program. 

(2) Reports under this subsection shall include the Secretaries’ 

assessment, as of the date of the report, of the efficacy of the 

performance of separation physical examinations as provided for 

under the pilot program. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘administering Secretaries’’ has the meaning 

given that term in section 1072(3) of title 10, United States 

Code. 

(2) The term ‘‘Secretary concerned’’ has the meaning given 

that term in section 101(5) of title 37, United States Code. 

SEC. 735. MODIFICATION OF PROHIBITION ON REQUIREMENT OF 

NONAVAILABILITY STATEMENT OR PREAUTHORIZATION. 

(a) CLARIFICATION OF COVERED BENEFICIARIES.—Subsection (a) 

of section 721 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A–184) is amended by striking ‘‘covered 

beneficiary under chapter 55 of title 10, United States Code, who 

is enrolled in TRICARE Standard,’’ and inserting ‘‘covered beneficiary under TRICARE Standard pursuant to chapter 55 of title 

10, United States Code,’’. 

(b) REPEAL OF REQUIREMENT FOR NOTIFICATION REGARDING 

HEALTH CARE RECEIVED FROM ANOTHER SOURCE.—Subsection (b) 

of such section is repealed. 

(c) WAIVER AUTHORITY.—Such section, as so amended, is further 

amended by striking subsection (c) and inserting the following 

new subsections: 

‘‘(b) WAIVER AUTHORITY.—The Secretary may waive the prohibition in subsection (a) if— 

‘‘(1) the Secretary— 

‘‘(A) demonstrates that significant costs would be 

avoided by performing specific procedures at the affected 

military medical treatment facility or facilities; 

‘‘(B) determines that a specific procedure must be provided at the affected military medical treatment facility 

or facilities to ensure the proficiency levels of the practitioners at the facility or facilities; or 

‘‘(C) determines that the lack of nonavailability statement data would significantly interfere with TRICARE contract administration; 

‘‘(2) the Secretary provides notification of the Secretary’s 

intent to grant a waiver under this subsection to covered beneficiaries who receive care at the military medical treatment 

facility or facilities that will be affected by the decision to 

grant a waiver under this subsection; 

‘‘(3) the Secretary notifies the Committees on Armed Services of the House of Representatives and the Senate of the 

Secretary’s intent to grant a waiver under this subsection, 

Deadlines. 

10 USC 1073 

note. 

115 STAT. 1172 PUBLIC LAW 107–107—DEC. 28, 2001
 

the reason for the waiver, and the date that a nonavailability 

statement will be required; and 

‘‘(4) 60 days have elapsed since the date of the notification 

described in paragraph (3). 

‘‘(c) WAIVER EXCEPTION FOR MATERNITY CARE.—Subsection (b) 

shall not apply with respect to maternity care.’’. 

(d) EFFECTIVE DATE.—(1) Subsection (a) of such section is 

amended by striking ‘‘under any new contract for the provision 

of health care services’’. 

(2) Subsection (d) of such section is amended by striking ‘‘take 

effect on October 1, 2001.’’ and inserting ‘‘take effect on the earlier 

of the following: 

‘‘(1) The date that a new contract entered into by the 

Secretary to provide health care services under TRICARE 

Standard takes effect. 

‘‘(2) The date that is two years after the date of the enactment of the National Defense Authorization Act for Fiscal Year 

2002.’’. 

Deadline.	 (e) REPORT.—Not later than March 1, 2002, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the House of Representatives and the Senate a report on the Secretary’s plans for implementing section 721 of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001, as 

amended by this section. 

SEC. 736. TRANSITIONAL HEALTH CARE FOR MEMBERS SEPARATED 

FROM ACTIVE DUTY. 

(a) PERMANENT AUTHORITY FOR INVOLUNTARILY SEPARATED 

MEMBERS AND MOBILIZED RESERVES.—Subsection (a) of section 1145 

of title 10, United States Code, is amended— 

(1) in paragraph (1), by striking ‘‘paragraph (2), a member’’ 

and all that follows through ‘‘of the member),’’ and inserting 

‘‘paragraph (3), a member of the armed forces who is separated 

from active duty as described in paragraph (2)’’; 

(2) by redesignating paragraph (2) as paragraph (3); 

(3) by inserting after paragraph (1) the following new paragraph (2): 

Applicability. ‘‘(2) This subsection applies to the following members of the 

armed forces: 

‘‘(A) A member who is involuntarily separated from active 

duty. 

‘‘(B) A member of a reserve component who is separated 

from active duty to which called or ordered in support of a 

contingency operation if the active duty is active duty for a 

period of more than 30 days. 

‘‘(C) A member who is separated from active duty for which 

the member is involuntarily retained under section 12305 of 

this title in support of a contingency operation. 

‘‘(D) A member who is separated from active duty served 

pursuant to a voluntary agreement of the member to remain 

on active duty for a period of less than one year in support 

of a contingency operation.’’; and 

(4) in paragraph (3), as redesignated by paragraph (2), 

by striking ‘‘involuntarily’’ each place it appears. 

(b) CONFORMING AMENDMENTS.—Such section 1145 is further 

amended— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1173
 

(1) in subsection (c)(1), by striking ‘‘during the period beginning on October 1, 1990, and ending on December 31, 2001’’; 

and 

(2) in subsection (e), by striking the first sentence. 

(c) REPEAL OF SUPERSEDED AUTHORITY.—(1) Section 1074b of 

title 10, United States Code, is repealed. 

(2) The table of sections at the beginning of chapter 55 of 

such title is amended by striking the item relating to section 1074b. 

(d) TRANSITION PROVISION.—Notwithstanding the repeal of section 1074b of title 10, United States Code, by subsection (c), the 

provisions of that section, as in effect before the date of the enactment of this Act, shall continue to apply to a member of the 

Armed Forces who is released from active duty in support of a 

contingency operation before that date. 

SEC. 737. TWO-YEAR EXTENSION OF HEALTH CARE MANAGEMENT 

DEMONSTRATION PROGRAM. 

(a) EXTENSION.—Subsection (d) of section 733 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted by Public Law 106–398; 114 Stat. 1654A–191) is 

amended by striking ‘‘December 31, 2001’’ and inserting ‘‘December 

31, 2003’’. (b) REPORT.—Subsection (e) of that section is amended— (1) by striking ‘‘REPORTS.—’’ and inserting ‘‘REPORT.—’’; 

and 

(2) by striking ‘‘March 15, 2002’’ and inserting ‘‘March 

15, 2004’’. 

SEC. 738. JOINT DOD-VA PILOT PROGRAM FOR PROVIDING GRADUATE 

MEDICAL EDUCATION AND TRAINING FOR PHYSICIANS. 

(a) IN GENERAL.—The Secretary of Defense and the Secretary 

of Veterans Affairs may jointly carry out a pilot program under 

which graduate medical education and training is provided to military physicians and physician employees of the Department of 

Defense and the Department of Veterans Affairs through one or 

more programs carried out in military medical treatment facilities 

of the Department of Defense and medical centers of the Department of Veterans Affairs. 

(b) COST-SHARING AGREEMENT.—If the Secretary of Defense 

and the Secretary of Veterans Affairs carry out a pilot program 

under subsection (a), the Secretaries shall enter into an agreement 

for carrying out the pilot program under which means are established for each respective Secretary to assist in paying the costs, 

with respect to individuals under the jurisdiction of such Secretary, 

incurred by the other Secretary in providing medical education 

and training under the pilot program. 

(c) USE OF EXISTING AUTHORITIES.—To carry out the pilot program, the Secretary of Defense and the Secretary of Veterans 

Affairs shall exercise authorities provided to the Secretaries, respectively, under other laws relating to the furnishing or support of 

medical education and the cooperative use of facilities. 

(d) PERIOD OF PROGRAM.—If the Secretary of Defense and the 

Secretary of Veterans Affairs carry out a pilot program under 

subsection (a), such pilot program shall begin not later than August 

1, 2002, and shall terminate on July 31, 2007. 

(e) REPORTS.—If the Secretary of Defense and the Secretary 

of Veterans Affairs carry out a pilot program under subsection 

(a), not later than January 31, 2003, and January 31 of each 

Applicability. 

10 USC 1074b 

note. 

10 USC 1071 

note. 

10 USC 1094a 

note. 

Deadlines. 

115 STAT. 1174 PUBLIC LAW 107–107—DEC. 28, 2001
 

year thereafter through 2008, the Secretaries shall jointly submit 

to Congress a report on the pilot program. The report shall cover 

the preceding year and shall include each Secretary’s assessment 

of the efficacy of providing education and training under the program. 

TITLE VIII—ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS 

Subtitle A—Procurement Management and Administration 

Sec. 801. Management of procurement of services.

Sec. 802. Savings goals for procurements of services.

Sec. 803. Competition requirement for purchase of services pursuant to multiple 

award contracts. 

Sec. 804. Reports on maturity of technology at initiation of major defense acquisition programs. 

Subtitle B—Use of Preferred Sources 

Sec. 811. Applicability of competition requirements to purchases from a required 

source. Sec. 812. Extension of mentor-protege program.

Sec. 813. Increase of assistance limitation regarding procurement technical assistance program. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, 

and Related Matters 

Sec. 821. Amendments to conform with administrative changes in acquisition phase 

and milestone terminology and to make related adjustments in certain 

requirements applicable at milestone transition points. Sec. 822. Follow-on production contracts for products developed pursuant to prototype projects. Sec. 823. One-year extension of program applying simplified procedures to certain 

commercial items. 

Sec. 824. Acquisition workforce qualifications.

Sec. 825. Report on implementation of recommendations of the acquisition 2005 

task force. 

Subtitle D—Other Matters 

Sec. 831. Identification of errors made by executive agencies in payments to contractors and recovery of amounts erroneously paid. Sec. 832. Codification and modification of provision of law known as the ‘‘Berry 

amendment’’. Sec. 833. Personal services contracts to be performed by individuals or organizations abroad. 

Sec. 834. Requirements regarding insensitive munitions.

Sec. 835. Inapplicability of limitation to small purchases of miniature or instrument ball or roller bearings under certain circumstances. Sec. 836. Temporary emergency procurement authority to facilitate the defense 

against terrorism or biological or chemical attack. 

Subtitle A—Procurement Management and 

Administration 

SEC. 801. MANAGEMENT OF PROCUREMENT OF SERVICES. 

(a) RESPONSIBILITY OF UNDER SECRETARY OF DEFENSE FOR 

ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Section 133(b)(2) of 

title 10, United States Code, is amended by inserting ‘‘of goods 

and services’’ after ‘‘procurement’’. 

(b) REQUIREMENT FOR MANAGEMENT STRUCTURE.—(1) Chapter 

137 of such title is amended by inserting after section 2328 the 

following new section: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1175
 

‘‘§ 2330. Procurement of services: management structure 

‘‘(a) REQUIREMENT FOR MANAGEMENT STRUCTURE.—(1) The Secretary of Defense shall establish and implement a management 

structure for the procurement of services for the Department of 

Defense. The management structure shall be comparable to the 

management structure that applies to the procurement of products 

by the Department. 

‘‘(2) The management structure required by paragraph (1) 

shall— 

‘‘(A) provide for a designated official in each military 

department to exercise responsibility for the management of 

the procurement of services for such department; 

‘‘(B) provide for a designated official for Defense Agencies 

and other defense components outside the military departments 

to exercise responsibility for the management of the procurement of services for such Defense Agencies and components; 

‘‘(C) include a means by which employees of the departments, Defense Agencies, and components are accountable to 

such designated officials for carrying out the requirements of 

subsection (b); and 

‘‘(D) establish specific dollar thresholds and other criteria 

for advance approvals of purchases under subsection (b)(1)(C) 

and delegations of activity under subsection (b)(2). 

‘‘(b) CONTRACTING RESPONSIBILITIES OF DESIGNATED OFFICIALS.—(1) The responsibilities of an official designated under subsection (a) shall include, with respect to the procurement of services 

for the military department or Defense Agencies and components 

by that official, the following: 

‘‘(A) Ensuring that the services are procured by means 

of contracts or task orders that are in the best interests of 

the Department of Defense and are entered into or issued 

and managed in compliance with applicable statutes, regulations, directives, and other requirements, regardless of whether 

the services are procured through a contract or task order 

of the Department of Defense or through a contract entered 

into or task order issued by an official of the United States 

outside the Department of Defense. 

‘‘(B) Analyzing data collected under section 2330a of this 

title on contracts that are entered into for the procurement 

of services. 

‘‘(C) Approving, in advance, any procurement of services 

above the thresholds established pursuant to subsection 

(a)(2)(D) that is to be made through the use of— 

‘‘(i) a contract or task order that is not a performancebased contract or task order; or 

‘‘(ii) a contract entered into, or a task order issued, 

by an official of the United States outside the Department 

of Defense. 

‘‘(2) The responsibilities of a designated official may be delegated to other employees of the Department of Defense in accordance with the criteria established by the Secretary of Defense. 

‘‘(c) DEFINITION.—In this section, the term ‘performance-based’, 

with respect to a contract or a task order means that the contract 

or task order, respectively, includes the use of performance work 

statements that set forth requirements in clear, specific, and objective terms with measurable outcomes.’’. 

115 STAT. 1176 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

10 USC 2330 

note. 

Guidance. 

(2) Not later than 180 days after the date of the enactment 

of this Act— 

(A) the Secretary of Defense shall establish and implement 

the management structure required under section 2330 of title 

10, United States Code (as added by paragraph (1)); and 

(B) the Under Secretary of Defense for Acquisition, Technology, and Logistics shall issue guidance for officials in the 

management structure established under such section 2330 

regarding how to carry out their responsibilities under that 

section. 

(c) TRACKING OF PROCUREMENT OF SERVICES.—Chapter 137 

of title 10, United States Code, as amended by subsection (b), 

is further amended by inserting after section 2330 the following 

new section: 

‘‘§ 2330a. Procurement of services: tracking of purchases 

‘‘(a) DATA COLLECTION REQUIRED.—The Secretary of Defense 

shall establish a data collection system to provide management 

information with regard to each purchase of services by a military 

department or Defense Agency in excess of the simplified acquisition 

threshold, regardless of whether such a purchase is made in the 

form of a contract, task order, delivery order, military interdepartmental purchase request, or any other form of interagency agreement. 

‘‘(b) DATA TO BE COLLECTED.—The data required to be collected 

under subsection (a) includes the following: 

‘‘(1) The services purchased. 

‘‘(2) The total dollar amount of the purchase. 

‘‘(3) The form of contracting action used to make the purchase. 

‘‘(4) Whether the purchase was made through— 

‘‘(A) a performance-based contract, performance-based 

task order, or other performance-based arrangement that 

contains firm fixed prices for the specific tasks to be performed; ‘‘(B) any other performance-based contract, performance-based task order, or performance-based arrangement; 

or 

‘‘(C) any contract, task order, or other arrangement 

that is not performance based. 

‘‘(5) In the case of a purchase made through an agency 

other than the Department of Defense, the agency through 

which the purchase is made. 

‘‘(6) The extent of competition provided in making the 

purchase and whether there was more than one offer. 

‘‘(7) Whether the purchase was made from— 

‘‘(A) a small business concern; 

‘‘(B) a small business concern owned and controlled 

by socially and economically disadvantaged individuals; or 

‘‘(C) a small business concern owned and controlled 

by women. 

‘‘(c) COMPATIBILITY WITH DATA COLLECTION SYSTEM FOR 

INFORMATION TECHNOLOGY PURCHASES.—To the maximum extent 

practicable, a single data collection system shall be used to collect 

data under this section and information under section 2225 of 

this title. 

‘‘(d) DEFINITIONS.—In this section: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1177
 

‘‘(1) The term ‘performance-based’, with respect to a contract, task order, or arrangement, means that the contract, 

task order, or arrangement, respectively, includes the use of 

performance work statements that set forth contract requirements in clear, specific, and objective terms with measurable 

outcomes. 

‘‘(2) The definitions set forth in section 2225(f) of this 

title for the terms ‘simplified acquisition threshold’, ‘small business concern’, ‘small business concern owned and controlled 

by socially and economically disadvantaged individuals’, and 

‘small business concern owned and controlled by women’ shall 

apply.’’. 

(d) REQUIREMENT FOR PROGRAM REVIEW STRUCTURE.—(1) Not 

later than 180 days after the date of the enactment of this Act, 

the Secretary of Defense shall issue and implement a policy that 

applies to the procurement of services by the Department of Defense 

a program review structure that is similar to the one developed 

for and applied to the procurement of weapon systems by the 

Department of Defense. 

(2) The program review structure for the procurement of services shall, at a minimum, include the following: 

(A) Standards for determining which procurements should 

be subject to review by either the senior procurement executive 

of a military department or the senior procurement executive 

of the Department of Defense under such section, including 

criteria based on dollar thresholds, program criticality, or other 

appropriate measures. 

(B) Appropriate key decision points at which those reviews 

should take place. 

(C) A description of the specific matters that should be 

reviewed. 

(e) COMPTROLLER GENERAL REVIEW.—Not later than 90 days 

after the date on which the Secretary issues the policy required 

by subsection (d) and the Under Secretary of Defense for Acquisition, Technology, and Logistics issues the guidance required by 

subsection (b)(2), the Comptroller General shall submit to the 

Committees on Armed Services of the Senate and the House of 

Representatives an assessment of the compliance with the requirements of this section and the amendments made by this section. 

(f) DEFINITIONS.—In this section: 

(1) The term ‘‘senior procurement executive’’ means the 

official designated as the senior procurement executive under 

section 16(3) of the Office of Federal Procurement Policy Act 

(41 U.S.C. 414(3)). 

(2) The term ‘‘performance-based’’, with respect to a contract or a task order means that the contract or task order, 

respectively, includes the use of performance work statements 

that set forth contract requirements in clear, specific, and objective terms with measurable outcomes. 

(g) CLERICAL AMENDMENTS.—(1) The heading for section 2331 

of title 10, United States Code, is amended to read as follows: 

Deadline. 

Policy. 

10 USC 2330 

note. 

Deadline. 

Guidance. 

10 USC 2330 

note. 

10 USC 2330 

note. 

115 STAT. 1178 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 2330 

note. 

Deadlines. 

10 USC 2304 

note. 

Deadline. 

‘‘§ 2331. Procurement of services: contracts for professional

and technical services’’. 

(2) The table of sections at the beginning of chapter 137 of 

such title is amended by striking the item relating to section 2331 

and inserting the following new items: 

‘‘2330. Procurement of services: management structure.


‘‘2330a. Procurement of services: tracking of purchases.


‘‘2331. Procurement of services: contracts for professional and technical services.’’.
 

SEC. 802. SAVINGS GOALS FOR PROCUREMENTS OF SERVICES. 

(a) GOALS.—(1) It shall be an objective of the Department 

of Defense to achieve savings in expenditures for procurements 

of services through the use of— (A) performance-based services contracting; 

(B) appropriate competition for task orders under services 

contracts; and 

(C) program review, spending analyses, and improved 

management of services contracts. 

(2) In furtherance of such objective, the Department of Defense 

shall have goals to use improved management practices to achieve, 

over 10 fiscal years, reductions in the total amount that would 

otherwise be expended by the Department for the procurement 

of services (other than military construction) in a fiscal year by 

the amount equal to 10 percent of the total amount of the expenditures of the Department for fiscal year 2000 for procurement of 

services (other than military construction), as follows: 

(A) By fiscal year 2002, a three percent reduction. 

(B) By fiscal year 2003, a four percent reduction. 

(C) By fiscal year 2004, a five percent reduction. 

(D) By fiscal year 2011, a ten percent reduction. 

(b) ANNUAL REPORT.—Not later than March 1, 2002, and 

annually thereafter through March 1, 2006, the Secretary of Defense 

shall submit to the congressional defense committees a report on 

the progress made toward meeting the objective and goals established in subsection (a). Each report shall include, at a minimum, 

the following information: 

(1) A summary of the steps taken or planned to be taken 

in the fiscal year of the report to improve the management 

of procurements of services. 

(2) A summary of the steps planned to be taken in the 

following fiscal year to improve the management of procurements of services. 

(3) An estimate of the amount that will be expended by 

the Department of Defense for procurements of services in 

the fiscal year of the report. 

(4) An estimate of the amount that will be expended by 

the Department of Defense for procurements of services in 

the following fiscal year. 

(5) An estimate of the amount of savings that, as a result 

of improvement of the management practices used by the 

Department of Defense, will be achieved for the procurement 

of services by the Department in the fiscal year of the report 

and in the following fiscal year. 

SEC. 803. COMPETITION REQUIREMENT FOR PURCHASE OF SERVICES 

PURSUANT TO MULTIPLE AWARD CONTRACTS. 

(a) REGULATIONS REQUIRED.—Not later than 180 days after 

the date of the enactment of this Act, the Secretary of Defense 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1179
 

shall promulgate in the Department of Defense Supplement to 

the Federal Acquisition Regulation regulations requiring competition in the purchase of services by the Department of Defense 

pursuant to multiple award contracts. 

(b) CONTENT OF REGULATIONS.—(1) The regulations required 

by subsection (a) shall provide, at a minimum, that each individual 

purchase of services in excess of $100,000 that is made under 

a multiple award contract shall be made on a competitive basis 

unless a contracting officer of the Department of Defense— (A) waives the requirement on the basis of a determination 

that— (i) one of the circumstances described in paragraphs 

(1) through (4) of section 2304c(b) of title 10, United States 

Code, applies to such individual purchase; or 

(ii) a statute expressly authorizes or requires that the 

purchase be made from a specified source; and 

(B) justifies the determination in writing. 

(2) For purposes of this subsection, an individual purchase 

of services is made on a competitive basis only if it is made pursuant 

to procedures that— (A) require fair notice of the intent to make that purchase 

(including a description of the work to be performed and the 

basis on which the selection will be made) to be provided 

to all contractors offering such services under the multiple 

award contract; and 

(B) afford all contractors responding to the notice a fair 

opportunity to make an offer and have that offer fairly considered by the official making the purchase. 

(3) Notwithstanding paragraph (2), notice may be provided 

to fewer than all contractors offering such services under a multiple 

award contract described in subsection (c)(2)(A) if notice is provided 

to as many contractors as practicable. 

(4) A purchase may not be made pursuant to a notice that 

is provided to fewer than all contractors under paragraph (3) 

unless— 

(A) offers were received from at least three qualified contractors; or 

(B) a contracting officer of the Department of Defense 

determines in writing that no additional qualified contractors 

were able to be identified despite reasonable efforts to do so. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘individual purchase’’ means a task order, 

delivery order, or other purchase. 

(2) The term ‘‘multiple award contract’’ means— 

(A) a contract that is entered into by the Administrator 

of General Services under the multiple award schedule 

program referred to in section 2302(2)(C) of title 10, United 

States Code; 

(B) a multiple award task order contract that is entered 

into under the authority of sections 2304a through 2304d 

of title 10, United States Code, or sections 303H through 

303K of the Federal Property and Administrative Services 

Act of 1949 (41 U.S.C. 253h through 253k); and 

(C) any other indefinite delivery, indefinite quantity 

contract that is entered into by the head of a Federal 

agency with two or more sources pursuant to the same 

solicitation. 

115 STAT. 1180 PUBLIC LAW 107–107—DEC. 28, 2001
 

Effective date. 

Deadline. 

(3) The term ‘‘Defense Agency’’ has the meaning given 

that term in section 101(a)(11) of title 10, United States Code. 

(d) APPLICABILITY.—The regulations promulgated by the Secretary pursuant to subsection (a) shall take effect not later than 

180 days after the date of the enactment of this Act and shall 

apply to all individual purchases of services that are made under 

multiple award contracts on or after the effective date, without 

regard to whether the multiple award contracts were entered into 

before, on, or after such effective date. 

SEC. 804. REPORTS ON MATURITY OF TECHNOLOGY AT INITIATION 

OF MAJOR DEFENSE ACQUISITION PROGRAMS. 

(a) REPORTS REQUIRED.—Not later than March 1 of each of 

years 2003 through 2006, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report on the implementation of the requirement in paragraph 4.7.3.2.2.2 of Department of Defense Instruction 

5000.2, as in effect on the date of enactment of this Act, that 

technology must have been demonstrated in a relevant environment 

(or, preferably, in an operational environment) to be considered 

mature enough to use for product development in systems integration. 

(b) CONTENTS OF REPORTS.—Each report required by subsection 

(a) shall— 

(1) identify each case in which a major defense acquisition 

program entered system development and demonstration 

during the preceding calendar year and into which key technology has been incorporated that does not meet the technological maturity requirement described in subsection (a), and 

provide a justification for why such key technology was incorporated; and 

(2) identify any determination of technological maturity 

with which the Deputy Under Secretary of Defense for Science 

and Technology did not concur and explain how the issue 

has been or will be resolved. 

(c) MAJOR DEFENSE ACQUISITION PROGRAM DEFINED.—In this 

section, the term ‘‘major defense acquisition program’’ has the 

meaning given that term in section 139(a)(2) of title 10, United 

States Code. 

Subtitle B—Use of Preferred Sources 

SEC. 811. APPLICABILITY OF COMPETITION REQUIREMENTS TO PURCHASES FROM A REQUIRED SOURCE. 

(a) CONDITIONS FOR COMPETITION.—(1) Chapter 141 of title 

10, United States Code, is amended by adding at the end the 

following: 

‘‘§ 2410n. Products of Federal Prison Industries: procedural

requirements 

‘‘(a) MARKET RESEARCH BEFORE PURCHASE.—Before purchasing 

a product listed in the latest edition of the Federal Prison Industries 

catalog under section 4124(d) of title 18, the Secretary of Defense 

shall conduct market research to determine whether the Federal 

Prison Industries product is comparable in price, quality, and time 

of delivery to products available from the private sector. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1181
 

‘‘(b) LIMITED COMPETITION REQUIREMENT.—If the Secretary 

determines that a Federal Prison Industries product is not comparable in price, quality, and time of delivery to products available 

from the private sector, the Secretary shall use competitive procedures for the procurement of the product. In conducting such a 

competition, the Secretary shall consider a timely offer from Federal 

Prison Industries for award in accordance with the specifications 

and evaluation factors specified in the solicitation.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following:
 

‘‘2410n. Products of Federal Prison Industries: procedural requirements.’’.
 

(b) APPLICABILITY.—Section 2410n of title 10, United States 10 USC 2410n 

Code (as added by subsection (a)), shall apply to purchases initiated note. 

on or after October 1, 2001. 

SEC. 812. EXTENSION OF MENTOR-PROTEGE PROGRAM. 

Section 831 of the National Defense Authorization Act for Fiscal 

Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note) is amended— 

(1) in subsection (j)— 

(A) in paragraph (1), by striking ‘‘September 30, 2002’’ 

and inserting ‘‘September 30, 2005’’; and 

(B) in paragraph (2), by striking ‘‘September 30, 2005’’ 

and inserting ‘‘September 30, 2008’’; and 

(2) in subsection (l)(3), by striking ‘‘2004’’ and inserting
 

‘‘2007’’.
 

SEC. 813. INCREASE OF ASSISTANCE LIMITATION REGARDING 

PROCUREMENT TECHNICAL ASSISTANCE PROGRAM. 

Section 2414(a)(1) of title 10, United States Code, is amended 

by striking ‘‘$300,000’’ and inserting ‘‘$600,000’’. 

Subtitle C—Amendments to General Contracting Authorities, Procedures, and Related Matters 

SEC. 821. AMENDMENTS TO CONFORM WITH ADMINISTRATIVE 

CHANGES IN ACQUISITION PHASE AND MILESTONE TERMINOLOGY AND TO MAKE RELATED ADJUSTMENTS IN CERTAIN REQUIREMENTS APPLICABLE AT MILESTONE 

TRANSITION POINTS. 

(a) ACQUISITION PHASE TERMINOLOGY.—The following provisions of title 10, United States Code, are amended by striking 

‘‘engineering and manufacturing development’’ each place it appears 

and inserting ‘‘system development and demonstration’’: sections 

2366(c) and 2434(a), and subsections (b)(3)(A)(i), (c)(3)(A), and (h)(1) 

of section 2432. 

(b) MILESTONE TRANSITION POINTS.—(1) Section 811(c) of the 

Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 

1654A–211), is amended by striking ‘‘Milestone I approval, Milestone II approval, or Milestone III approval (or the equivalent) 

of a major automated information system’’ and inserting ‘‘approval 

of a major automated information system at Milestone B or C 

or for full rate production, or an equivalent approval,’’. 

115 STAT. 1182 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. (2) Department of Defense Directive 5000.1, as revised in 

accordance with subsection (b) of section 811 of such Act, shall 

be further revised as necessary to comply with subsection (c) of 

such section, as amended by paragraph (1), within 60 days after 

the date of the enactment of this Act. 

(c) ADJUSTMENTS TO REQUIREMENT FOR DETERMINATION OF 

QUANTITY FOR LOW-RATE INITIAL PRODUCTION.—Section 2400(a) of 

title 10, United States Code, is amended— (1) by striking ‘‘milestone II’’ each place it appears in 

paragraphs (1)(A), (2), (4) and (5) and inserting ‘‘milestone 

B’’; and 

(2) in paragraph (2), by striking ‘‘engineering and manufacturing development’’ and inserting ‘‘system development and 

demonstration’’. (d) ADJUSTMENTS TO REQUIREMENTS FOR BASELINE DESCRIP­ TION AND THE RELATED LIMITATION.—Section 2435 of title 10, 

United States Code, is amended— (1) in subsection (b), by striking ‘‘engineering and manufacturing development’’ and inserting ‘‘system development and 

demonstration’’; and 

(2) in subsection (c)— (A) in paragraph (1), by striking ‘‘demonstration and 

validation’’ and inserting ‘‘system development and demonstration’’; 

(B) in paragraph (2), by striking ‘‘engineering and 

manufacturing development’’ and inserting ‘‘production and 

deployment’’; and 

(C) in paragraph (3), by striking ‘‘production and 

deployment’’ and inserting ‘‘full rate production’’. 

SEC. 822. FOLLOW-ON PRODUCTION CONTRACTS FOR PRODUCTS 

DEVELOPED PURSUANT TO PROTOTYPE PROJECTS. 

Section 845 of the National Defense Authorization Act for Fiscal 

Year 1994 (10 U.S.C. 2371 note) is amended— 

(1) by redesignating subsection (f) as subsection (g); and 

(2) by inserting after subsection (e) the following new subsection (f): 

‘‘(f) FOLLOW-ON PRODUCTION CONTRACTS.—(1) A transaction 

entered into under this section for a prototype project that satisfies 

the conditions set forth in subsection (d)(1)(B)(i) may provide for 

the award of a follow-on production contract to the participants 

in the transaction for a specific number of units at specific target 

prices. The number of units specified in the transaction shall be 

determined on the basis of a balancing of the level of the investment 

made in the project by the participants other than the Federal 

Government with the interest of the Federal Government in having 

competition among sources in the acquisition of the product or 

products prototyped under the project. 

‘‘(2) A follow-on production contract provided for in a transaction 

under paragraph (1) may be awarded to the participants in the 

transaction without the use of competitive procedures, notwithstanding the requirements of section 2304 of title 10, United States 

Code, if— 

‘‘(A) competitive procedures were used for the selection 

of parties for participation in the transaction; 

‘‘(B) the participants in the transaction successfully completed the prototype project provided for in the transaction; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1183
 

‘‘(C) the number of units provided for in the follow-on 

production contract does not exceed the number of units specified in the transaction for such a follow-on production contract; 

and 

‘‘(D) the prices established in the follow-on production contract do not exceed the target prices specified in the transaction 

for such a follow-on production contract.’’. 

SEC. 823. ONE-YEAR EXTENSION OF PROGRAM APPLYING SIMPLIFIED 

PROCEDURES TO CERTAIN COMMERCIAL ITEMS. 

Section 4202 of the Clinger-Cohen Act of 1996 (divisions D 

and E of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 

note) is amended in subsection (e) by striking ‘‘January 1, 2002’’ 

and inserting ‘‘January 1, 2003’’. 

SEC. 824. ACQUISITION WORKFORCE QUALIFICATIONS. 

(a) QUALIFICATIONS.—Section 1724 of title 10, United States 

Code, is amended— 

(1) in subsection (a)— 

(A) by striking the matter preceding paragraph (1) 

and inserting the following: 

‘‘(a) CONTRACTING OFFICERS.—The Secretary of Defense shall 

require that, in order to qualify to serve in an acquisition position 

as a contracting officer with authority to award or administer 

contracts for amounts above the simplified acquisition threshold 

referred to in section 2304(g) of this title, an employee of the 

Department of Defense or member of the armed forces (other than 

the Coast Guard) must, except as provided in subsections (c) and 

(d)—’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘mandatory’’; and 

(ii) by striking ‘‘at the grade level’’ and all that 

follows and inserting ‘‘(A) in the case of an employee, 

serving in the position within the grade of the General 

Schedule in which the employee is serving, and (B) 

in the case of a member of the armed forces, in the 

member’s grade;’’; and 

(C) in paragraph (3)(A), by inserting a comma after 

‘‘business’’; 

(2) by striking subsection (b) and inserting the following 

new subsection: 

‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR MILITARY POSITIONS.—(1) The Secretary of Defense shall require that in order 

to qualify to serve in a position in the Department of Defense 

that is in the GS–1102 occupational series an employee or potential 

employee of the Department of Defense meet the requirements 

set forth in paragraph (3) of subsection (a). The Secretary may 

not require that in order to serve in such a position an employee 

or potential employee meet any of the requirements of paragraphs 

(1) and (2) of that subsection. 

‘‘(2) The Secretary of Defense shall require that in order for 

a member of the armed forces to be selected for an occupational 

specialty within the armed forces that (as determined by the Secretary) is similar to the GS–1102 occupational series a member 

of the armed forces meet the requirements set forth in paragraph 

(3) of subsection (a). The Secretary may not require that in order 

to be selected for such an occupational specialty a member meet 

115 STAT. 1184 PUBLIC LAW 107–107—DEC. 28, 2001
 

any of the requirements of paragraphs (1) and (2) of that subsection.’’; and 

(3) by striking subsections (c) and (d) inserting the following 

new subsections: 

‘‘(c) EXCEPTIONS.—The qualification requirements imposed by 

the Secretary of Defense pursuant to subsections (a) and (b) shall 

not apply to an employee of the Department of Defense or member 

of the armed forces who— 

‘‘(1) served as a contracting officer with authority to award 

or administer contracts in excess of the simplified acquisition 

threshold on or before September 30, 2000; 

‘‘(2) served, on or before September 30, 2000, in a position 

either as an employee in the GS–1102 series or as a member 

of the armed forces in a similar occupational specialty; 

‘‘(3) is in the contingency contracting force; or 

‘‘(4) is described in subsection (e)(1)(B). 

‘‘(d) WAIVER.—The acquisition career program board concerned 

may waive any or all of the requirements of subsections (a) and 

(b) with respect to an employee of the Department of Defense 

or member of the armed forces if the board certifies that the 

individual possesses significant potential for advancement to levels 

of greater responsibility and authority, based on demonstrated job 

performance and qualifying experience. With respect to each waiver 

granted under this subsection, the board shall set forth in a written 

document the rationale for its decision to waive such requirements. 

Such document shall be submitted to and retained by the Director 

of Acquisition Education, Training, and Career Development. 

‘‘(e) DEVELOPMENTAL OPPORTUNITIES.—(1) The Secretary of 

Defense may— 

‘‘(A) establish or continue one or more programs for the 

purpose of recruiting, selecting, appointing, educating, qualifying, and developing the careers of individuals to meet the 

requirements in subparagraphs (A) and (B) of subsection (a)(3); 

‘‘(B) appoint individuals to developmental positions in those 

programs; and 

‘‘(C) separate from the civil service after a three-year probationary period any individual appointed under this subsection 

who fails to meet the requirements described in subsection 

(a)(3). 

‘‘(2) To qualify for any developmental program described in 

paragraph (1)(B), an individual shall have— 

‘‘(A) been awarded a baccalaureate degree, with a grade 

point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant baccalaureate degrees; or 

‘‘(B) completed at least 24 semester credit hours or the 

equivalent of study from an accredited institution of higher 

education in any of the disciplines of accounting, business, 

finance, law, contracts, purchasing, economics, industrial 

management, marketing, quantitative methods, or organization 

and management. 

‘‘(f) CONTINGENCY CONTRACTING FORCE.—The Secretary shall 

establish qualification requirements for the contingency contracting 

force consisting of members of the armed forces whose mission 

is to deploy in support of contingency operations and other operations of the Department of Defense, including— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1185
 

‘‘(1) completion of at least 24 semester credit hours or 

the equivalent of study from an accredited institution of higher 

education or similar educational institution in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management; or 

‘‘(2) passing an examination that demonstrates skills, 

knowledge, or abilities comparable to that of an individual 

who has completed at least 24 semester credit hours or the 

equivalent of study in any of the disciplines described in paragraph (1).’’. 

(b) CLERICAL AMENDMENT.—Section 1732(c)(2) of such title is 

amended by inserting a comma after ‘‘business’’. 

SEC. 825. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF 

THE ACQUISITION 2005 TASK FORCE. 

(a) REQUIREMENT FOR REPORT.—Not later than March 1, 2002, Deadline. 

the Secretary of Defense shall submit to the Committees on Armed 

Services of the Senate and the House of Representatives a report 

on the extent of the implementation of the recommendations set 

forth in the final report of the Department of Defense Acquisition 

2005 Task Force, entitled ‘‘Shaping the Civilian Acquisition 

Workforce of the Future’’. 

(b) CONTENT OF REPORT.—The report shall include the following: 

(1) For each recommendation in the final report that is
 

being implemented or that the Secretary plans to implement—
 

(A) a summary of all actions that have been taken 

to implement the recommendation; and 

(B) a schedule, with specific milestones, for completing 

the implementation of the recommendation. 

(2) For each recommendation in the final report that the
 

Secretary does not plan to implement—
 

(A) the reasons for the decision not to implement the 

recommendation; and 

(B) a summary of any alternative actions the Secretary 

plans to take to address the purposes underlying the recommendation. 

(3) A summary of any additional actions the Secretary
 

plans to take to address concerns raised in the final report
 

about the size and structure of the acquisition workforce of
 

the Department of Defense.
 

(c) COMPTROLLER GENERAL REVIEW.—Not later than 60 days Deadline. 

after the date on which the Secretary submits the report required 

by subsection (a), the Comptroller General shall— 

(1) review the report; and 

(2) submit to the committees referred to in subsection (a)
 

the Comptroller General’s assessment of the extent to which
 

the report—
 

(A) complies with the requirements of this section; 

and 

(B) addresses the concerns raised in the final report 

about the size and structure of the acquisition workforce 

of the Department of Defense. 

115 STAT. 1186 PUBLIC LAW 107–107—DEC. 28, 2001
 

Subtitle D—Other Matters 

SEC. 831. IDENTIFICATION OF ERRORS MADE BY EXECUTIVE AGENCIES IN PAYMENTS TO CONTRACTORS AND RECOVERY OF 

AMOUNTS ERRONEOUSLY PAID. 

(a) PROGRAM REQUIRED.—(1) Chapter 35 of title 31, United 

States Code, is amended by adding at the end the following new 

subchapter: 

‘‘SUBCHAPTER VI—RECOVERY AUDITS 

‘‘§ 3561. Identification of errors made by executive agencies 

in payments to contractors and recovery of 

amounts erroneously paid 

‘‘(a) PROGRAM REQUIRED.—The head of each executive agency 

that enters into contracts with a total value in excess of 

$500,000,000 in a fiscal year shall carry out a cost-effective program 

for identifying any errors made in paying the contractors and for 

recovering any amounts erroneously paid to the contractors. 

‘‘(b) RECOVERY AUDITS AND ACTIVITIES.—A program of an executive agency under subsection (a) shall include recovery audits and 

recovery activities. The head of the executive agency shall determine, in accordance with guidance provided under subsection (c), 

the classes of contracts to which recovery audits and recovery 

activities are appropriately applied. 

‘‘(c) OMB GUIDANCE.—The Director of the Office of Management 

and Budget shall issue guidance for the conduct of programs under 

subsection (a). The guidance shall include the following: 

‘‘(1) Definitions of the terms ‘recovery audit’ and ‘recovery 

activity’ for the purposes of the programs. 

‘‘(2) The classes of contracts to which recovery audits and 

recovery activities are appropriately applied under the programs. 

‘‘(3) Protections for the confidentiality of— 

‘‘(A) sensitive financial information that has not been 

released for use by the general public; and 

‘‘(B) information that could be used to identify a person. 

‘‘(4) Policies and procedures for ensuring that the 

implementation of the programs does not result in duplicative 

audits of contractor records. 

‘‘(5) Policies regarding the types of contracts executive agencies may use for the procurement of recovery services, including 

guidance for use, in appropriate circumstances, of a contingency 

contract pursuant to which the head of an executive agency 

may pay a contractor an amount equal to a percentage of 

the total amount collected for the United States pursuant to 

that contract. 

‘‘(6) Protections for a contractor’s records and facilities 

through restrictions on the authority of a contractor under 

a contract for the procurement of recovery services for an 

executive agency— 

‘‘(A) to require the production of any record or information by any person other than an officer, employee, or 

agent of the executive agency; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1187
 

‘‘(B) to establish, or otherwise have, a physical presence 

on the property or premises of any private sector entity 

for the purposes of performing the contract; or 

‘‘(C) to act as agents for the Government in the recovery 

of funds erroneously paid to contractors. 

‘‘(7) Policies for the appropriate types of management 

improvement programs authorized by section 3564 of this title 

that executive agencies may carry out to address overpayment 

problems and the recovery of overpayments. 

‘‘§ 3562. Disposition of recovered funds 

‘‘(a) AVAILABILITY OF FUNDS FOR RECOVERY AUDITS AND ACTIVITIES PROGRAM.—Funds collected under a program carried out by 

an executive agency under section 3561 of this title shall be available to the executive agency for the following purposes: 

‘‘(1) To reimburse the actual expenses incurred by the 

executive agency in the administration of the program. 

‘‘(2) To pay contractors for services under the program 

in accordance with the guidance issued under section 3561(c)(5) 

of this title. 

‘‘(b) FUNDS NOT USED FOR PROGRAM.—Any amounts erroneously paid by an executive agency that are recovered under 

such a program of an executive agency and are not used to 

reimburse expenses or pay contractors under subsection (a)— 

‘‘(1) shall be credited to the appropriations from which 

the erroneous payments were made, shall be merged with other 

amounts in those appropriations, and shall be available for 

the purposes and period for which such appropriations are 

available; or 

‘‘(2) if no such appropriation remains available, shall be 

deposited in the Treasury as miscellaneous receipts. 

‘‘(c) PRIORITY OF OTHER AUTHORIZED DISPOSITIONS.—Notwithstanding subsection (b), the authority under such subsection may 

not be exercised to use, credit, or deposit funds collected under 

such a program as provided in that subsection to the extent that 

any other provision of law requires or authorizes the crediting 

of such funds to a nonappropriated fund instrumentality, revolving 

fund, working-capital fund, trust fund, or other fund or account. 

‘‘§ 3563. Sources of recovery services 

‘‘(a) CONSIDERATION OF AVAILABLE RECOVERY RESOURCES.—(1) 

In carrying out a program under section 3561 of this title, the 

head of an executive agency shall consider all resources available 

to that official to carry out the program. 

‘‘(2) The resources considered by the head of an executive 

agency for carrying out the program shall include the resources 

available to the executive agency for such purpose from the following 

sources: 

‘‘(A) The executive agency.
 

‘‘(B) Other departments and agencies of the United States.
 

‘‘(C) Private sector sources.
 

‘‘(b) COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS.— 

Before entering into a contract with a private sector source for 

the performance of services under a program of the executive agency 

carried out under section 3561 of this title, the head of an executive 

agency shall comply with— 

115 STAT. 1188 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

31 USC 3561 

note. 

‘‘(1) any otherwise applicable provisions of Office of 

Management and Budget Circular A–76; and ‘‘(2) any other applicable provision of law or regulation 

with respect to the selection between employees of the United 

States and private sector sources for the performance of services. 

‘‘§ 3564. Management improvement programs 

‘‘In accordance with guidance provided by the Director of the 

Office of Management and Budget under section 3561 of this title, 

the head of an executive agency required to carry out a program 

under such section 3561 may carry out a program for improving 

management processes within the executive agency— 

‘‘(1) to address problems that contribute directly to the 

occurrence of errors in the paying of contractors of the executive 

agency; or 

‘‘(2) to improve the recovery of overpayments due to the 

agency. 

‘‘§ 3565. Relationship to authority of inspectors general 

‘‘Nothing in this subchapter shall be construed as impairing 

the authority of an Inspector General under the Inspector General 

Act of 1978 or any other provision of law. 

‘‘§ 3566. Privacy protections 

‘‘Any nongovernmental entity that, in the course of recovery 

auditing or recovery activity under this subchapter, obtains information that identifies an individual or with respect to which there 

is a reasonable basis to believe that the information can be used 

to identify an individual, may not disclose the information for 

any purpose other than such recovery auditing or recovery activity 

and governmental oversight of such activity, unless disclosure for 

that other purpose is authorized by the individual to the executive 

agency that contracted for the performance of the recovery auditing 

or recovery activity. 

‘‘§ 3567. Definition of executive agency 

‘‘Notwithstanding section 102 of this title, in this subchapter, 

the term ‘executive agency’ has the meaning given that term in 

section 4(1) of the Office of Federal Procurement Policy Act (41 

U.S.C. 403(1)).’’. 

(2) The table of sections at the beginning of chapter 35 of 

such title is amended by adding at the end the following: 

‘‘SUBCHAPTER VI—RECOVERY AUDITS 

‘‘3561. Identification of errors made by executive agencies in payments to contractors and recovery of amounts erroneously paid. ‘‘3562. Disposition of recovered funds.

‘‘3563. Sources of recovery services.

‘‘3564. Management improvement programs.

‘‘3565. Relationship to authority of inspectors general.

‘‘3566. Privacy protections.

‘‘3567. Definition of executive agency.’’. 

(b) REPORTS.—(1) Not later than 30 months after the date 

of the enactment of this Act, and annually for each of the first 

two years following the year of the first report, the Director of 

the Office of Management and Budget shall submit to the Committee on Government Reform of the House of Representatives 

and the Committee on Governmental Affairs of the Senate, a report 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1189
 

on the implementation of subchapter VI of chapter 35 of title 

31, United States Code (as added by subsection (a)). 

(2) Each report shall include— (A) a general description and evaluation of the steps taken 

by the heads of executive agencies to carry out the programs 

under such subchapter, including any management improvement programs carried out under section 3564 of such title 

31; 

(B) the costs incurred by executive agencies to carry out 

the programs under such subchapter; and 

(C) the amounts recovered under the programs under such 

subchapter. 

(c) CONFORMING AMENDMENT.—Section 3501 of such title is 

amended by inserting ‘‘and subchapter VI’’ after ‘‘section 3513’’. 

SEC. 832. CODIFICATION AND MODIFICATION OF PROVISION OF LAW 

KNOWN AS THE ‘‘BERRY AMENDMENT’’. 

(a) BUY AMERICAN REQUIREMENTS.—(1) Chapter 148 of title 

10, United States Code, is amended by inserting after section 2533 

the following new section: 

‘‘§ 2533a. Requirement to buy certain articles from American 

sources; exceptions 

‘‘(a) REQUIREMENT.—Except as provided in subsections (c) 

through (h), funds appropriated or otherwise available to the 

Department of Defense may not be used for the procurement of 

an item described in subsection (b) if the item is not grown, 

reprocessed, reused, or produced in the United States. 

‘‘(b) COVERED ITEMS.—An item referred to in subsection (a) 

is any of the following: 

‘‘(1) An article or item of— 

‘‘(A) food; 

‘‘(B) clothing; 

‘‘(C) tents, tarpaulins, or covers; 

‘‘(D) cotton and other natural fiber products, woven 

silk or woven silk blends, spun silk yarn for cartridge 

cloth, synthetic fabric or coated synthetic fabric (including 

all textile fibers and yarns that are for use in such fabrics), 

canvas products, or wool (whether in the form of fiber 

or yarn or contained in fabrics, materials, or manufactured 

articles); or 

‘‘(E) any item of individual equipment manufactured 

from or containing such fibers, yarns, fabrics, or materials. 

‘‘(2) Specialty metals, including stainless steel flatware. 

‘‘(3) Hand or measuring tools. 

‘‘(c) AVAILABILITY EXCEPTION.—Subsection (a) does not apply 

to the extent that the Secretary of Defense or the Secretary of 

the military department concerned determines that satisfactory 

quality and sufficient quantity of any such article or item described 

in subsection (b)(1) or specialty metals (including stainless steel 

flatware) grown, reprocessed, reused, or produced in the United 

States cannot be procured as and when needed at United States 

market prices. 

‘‘(d) EXCEPTION FOR CERTAIN PROCUREMENTS OUTSIDE THE 

UNITED STATES.—Subsection (a) does not apply to the following: ‘‘(1) Procurements outside the United States in support 

of combat operations. 

115 STAT. 1190 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(2) Procurements by vessels in foreign waters. 

‘‘(3) Emergency procurements or procurements of perishable foods by an establishment located outside the United 

States for the personnel attached to such establishment. 

‘‘(e) EXCEPTION FOR SPECIALTY METALS AND CHEMICAL WARFARE PROTECTIVE CLOTHING.—Subsection (a) does not preclude the 

procurement of specialty metals or chemical warfare protective 

clothing produced outside the United States if— 

‘‘(1) such procurement is necessary— 

‘‘(A) to comply with agreements with foreign governments requiring the United States to purchase supplies 

from foreign sources for the purposes of offsetting sales 

made by the United States Government or United States 

firms under approved programs serving defense requirements; or 

‘‘(B) in furtherance of agreements with foreign governments in which both such governments agree to remove 

barriers to purchases of supplies produced in the other 

country or services performed by sources of the other 

country; and 

‘‘(2) any such agreement with a foreign government complies, where applicable, with the requirements of section 36 

of the Arms Export Control Act (22 U.S.C. 2776) and with 

section 2457 of this title. 

‘‘(f) EXCEPTION FOR CERTAIN FOODS.—Subsection (a) does not 

preclude the procurement of foods manufactured or processed in 

the United States. 

‘‘(g) EXCEPTION FOR COMMISSARIES, EXCHANGES, AND OTHER 

NONAPPROPRIATED FUND INSTRUMENTALITIES.—Subsection (a) does 

not apply to items purchased for resale purposes in commissaries, 

exchanges, or nonappropriated fund instrumentalities operated by 

the Department of Defense. 

‘‘(h) EXCEPTION FOR SMALL PURCHASES.—Subsection (a) does 

not apply to purchases for amounts not greater than the simplified 

acquisition threshold referred to in section 2304(g) of this title. 

‘‘(i) APPLICABILITY TO CONTRACTS AND SUBCONTRACTS FOR 

PROCUREMENT OF COMMERCIAL ITEMS.—This section is applicable 

to contracts and subcontracts for the procurement of commercial 

items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430). 

‘‘(j) GEOGRAPHIC COVERAGE.—In this section, the term ‘United 

States’ includes the possessions of the United States.’’. 

(2) The table of sections at the beginning of subchapter V 

of such chapter is amended by inserting after the item relating 

to section 2533 the following new item: 

‘‘2533a. Requirement to buy certain articles from American sources; exceptions.’’. 

(b) REPEAL OF SOURCE PROVISIONS.—The following provisions 

of law are repealed: 

(1) Section 9005 of the Department of Defense Appropriations Act, 1993 (Public Law 102–396; 10 U.S.C. 2241 note). 

(2) Section 8109 of the Department of Defense Appropriations Act, 1997 (as contained in section 101(b) of Public Law 

104–208; 110 Stat. 3009–111; 10 U.S.C. 2241 note). 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1191
 

SEC. 833. PERSONAL SERVICES CONTRACTS TO BE PERFORMED BY 

INDIVIDUALS OR ORGANIZATIONS ABROAD. 

Section 2 of the State Department Basic Authorities Act of 

1956 (22 U.S.C. 2669) is amended by adding at the end the following: 

‘‘(n) exercise the authority provided in subsection (c), upon
 

the request of the Secretary of Defense or the head of any
 

other department or agency of the United States, to enter
 

into personal service contracts with individuals to perform services in support of the Department of Defense or such other
 

department or agency, as the case may be.’’.
 

SEC. 834. REQUIREMENTS REGARDING INSENSITIVE MUNITIONS. 

(a) REQUIREMENT TO ENSURE SAFETY.—(1) Chapter 141 of title 

10, United States Code, is amended by inserting after section 2388 

the following new section: 

‘‘§ 2389. Ensuring safety regarding insensitive munitions 

‘‘The Secretary of Defense shall ensure, to the extent practicable, that insensitive munitions under development or procurement are safe throughout development and fielding when subject 

to unplanned stimuli.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 2388 

the following new item: 

‘‘2389. Ensuring safety regarding insensitive munitions.’’. 

(b) REPORT REQUIREMENT.—At the same time that the budgets 10 USC 2389 

for fiscal years 2003 through 2005 are submitted to Congress under note. 

section 1105(a) of title 31, United States Code, the Secretary of 

Defense shall submit to the Committees on Armed Services of 

the Senate and the House of Representatives a report on insensitive 

munitions. The reports shall include the following: 

(1) The number of waivers granted pursuant to Department
 

of Defense Regulation 5000.2–R (June 2001) during the preceding fiscal year, together with a discussion of the justifications
 

for the waivers.
 

(2) Identification of the funding proposed for insensitive
 

munitions in the budget with which the report is submitted,
 

together with an explanation of the proposed funding.
 

SEC. 835. INAPPLICABILITY OF LIMITATION TO SMALL PURCHASES 

OF MINIATURE OR INSTRUMENT BALL OR ROLLER 

BEARINGS UNDER CERTAIN CIRCUMSTANCES. 

(a) IN GENERAL.—Section 2534 of title 10, United States Code, 

is amended by adding at the end the following new subsection: 

‘‘(j) INAPPLICABILITY TO CERTAIN CONTRACTS TO PURCHASE BALL 

BEARINGS OR ROLLER BEARINGS.—(1) This section does not apply 

with respect to a contract or subcontract to purchase items described 

in subsection (a)(5) (relating to ball bearings and roller bearings) 

for which— 

‘‘(A) the amount of the purchase does not exceed $2,500; 

‘‘(B) the precision level of the ball or roller bearings to
 

be procured under the contract or subcontract is rated lower
 

than the rating known as Annual Bearing Engineering Committee (ABEC) 5 or Roller Bearing Engineering Committee
 

(RBEC) 5, or an equivalent of such rating;
 

115 STAT. 1192 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 2534 

note. 

10 USC 2302 

note. 

Applicability. 

Deadline. 

Reports. 

‘‘(C) at least two manufacturers in the national technology 

and industrial base that are capable of producing the ball 

or roller bearings have not responded to a request for quotation 

issued by the contracting activity for that contract or subcontract; and 

‘‘(D) no bearing to be procured under the contract or subcontract has a basic outside diameter (exclusive of flange diameters) in excess of 30 millimeters. 

‘‘(2) Paragraph (1) does not apply to a purchase if such purchase 

would result in the total amount of purchases of ball bearings 

and roller bearings to satisfy requirements under Department of 

Defense contracts, using the authority provided in such paragraph, 

to exceed $200,000 during the fiscal year of such purchase.’’. 

(b) APPLICABILITY.—Subsection (j) of such section 2534 (as 

added by subsection (a)) shall apply with respect to a contract 

or subcontract to purchase ball bearings or roller bearings entered 

into after the date of the enactment of this Act. 

SEC. 836. TEMPORARY EMERGENCY PROCUREMENT AUTHORITY TO 

FACILITATE THE DEFENSE AGAINST TERRORISM OR 

BIOLOGICAL OR CHEMICAL ATTACK. 

(a) INCREASED FLEXIBILITY FOR USE OF STREAMLINED PROCEDURES.—The following special authorities apply to procurements 

of property and services by or for the Department of Defense for 

which funds are obligated during fiscal year 2002 and 2003: 

(1) MICROPURCHASE AND SIMPLIFIED ACQUISITION THRESHOLDS.—For any procurement of property or services for use 

(as determined by the Secretary of Defense) to facilitate the 

defense against terrorism or biological or chemical attack 

against the United States— 

(A) the amount specified in subsections (c), (d), and 

(f) of section 32 of the Office of Federal Procurement Policy 

Act (41 U.S.C. 428) shall be deemed to be $15,000 in 

the administration of that section with respect to such 

procurement; and 

(B) the term ‘‘simplified acquisition threshold’’ means, 

in the case of any contract to be awarded and performed, 

or purchase to be made— 

(i) inside the United States in support of a contingency operation, $250,000; or 

(ii) outside the United States in support of a 

contingency operation, $500,000. 

(2) COMMERCIAL ITEM TREATMENT FOR PROCUREMENTS OF 

BIOTECHNOLOGY.—For any procurement of biotechnology property or biotechnology services for use (as determined by the 

Secretary of Defense) to facilitate the defense against terrorism 

or biological attack against the United States, the procurement 

shall be treated as being a procurement of commercial items. 

(b) RECOMMENDATIONS FOR ADDITIONAL EMERGENCY PROCUREMENT AUTHORITY TO SUPPORT ANTI-TERRORISM OPERATIONS.—Not 

later than March 1, 2002, the Secretary of Defense shall submit 

to the Committees on Armed Services of the Senate and the House 

of Representatives a report containing the Secretary’s recommendations for additional emergency procurement authority that the Secretary (subject to the direction of the President) determines necessary to support operations carried out to combat terrorism. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1193
 

(c) TERMINATION OF AUTHORITY.—No contract may be entered 

into pursuant to the authority provided in subsection (a) after 

September 30, 2003. 

TITLE IX—DEPARTMENT OF DEFENSE
 

ORGANIZATION AND MANAGEMENT
 

Subtitle A—Duties and Functions of Department of Defense Officers 

Sec. 901. Deputy Under Secretary of Defense for Personnel and Readiness.

Sec. 902. Sense of Congress on functions of new Office of Force Transformation in 

the Office of the Secretary of Defense.

Sec. 903. Suspension of reorganization of engineering and technical authority policy 

within the Naval Sea Systems Command pending report to congressional committees. 

Subtitle B—Space Activities 

Sec. 911. Joint management of space programs.


Sec. 912. Requirement to establish in the Air Force an officer career field for space.


Sec. 913. Secretary of Defense report on space activities.


Sec. 914. Comptroller General assessment of implementation of recommendations
 

of Space Commission.

Sec. 915. Sense of Congress regarding officers recommended to be appointed to 

serve as Commander of United States Space Command. 

Subtitle C—Reports 

Sec. 921. Revised requirement for Chairman of the Joint Chiefs of Staff to advise 

Secretary of Defense on the assignment of roles and missions to the 

Armed Forces. 

Sec. 922. Revised requirements for content of annual report on joint warfighting experimentation.

Sec. 923. Repeal of requirement for one of three remaining required reports on activities of Joint Requirements Oversight Council.

Sec. 924. Revised joint report on establishment of national collaborative information analysis capability. 

Subtitle D—Other Matters 

Sec. 931. Conforming amendments relating to change of name of Military Airlift 

Command to Air Mobility Command.

Sec. 932. Organizational realignment for Navy Director for Expeditionary Warfare. 

Subtitle A—Duties and Functions of
 

Department of Defense Officers
 

SEC. 901. DEPUTY UNDER SECRETARY OF DEFENSE FOR PERSONNEL 

AND READINESS. 

(a) ESTABLISHMENT OF POSITION.—(1) Chapter 4 of title 10, 

United States Code, is amended by inserting after section 136 

the following new section: 

‘‘§ 136a. Deputy Under Secretary of Defense for Personnel

and Readiness 

‘‘(a) There is a Deputy Under Secretary of Defense for Personnel 

and Readiness, appointed from civilian life by the President, by 

and with the advice and consent of the Senate. 

‘‘(b) The Deputy Under Secretary of Defense for Personnel 

and Readiness shall assist the Under Secretary of Defense for 

Personnel and Readiness in the performance of the duties of that 

position. The Deputy Under Secretary of Defense for Personnel 

and Readiness shall act for, and exercise the powers of, the Under 

Secretary when the Under Secretary is absent or disabled.’’. 

President.
 

Congress.
 

115 STAT. 1194 PUBLIC LAW 107–107—DEC. 28, 2001
 

5 USC 5315 note. 

(2) The table of sections at the beginning of such chapter 

is amended by inserting after the item relating to section 136 

the following new item: 

‘‘136a. Deputy Under Secretary of Defense for Personnel and Readiness.’’. 

(b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, United States 

Code, is amended by inserting after ‘‘Deputy Under Secretary of 

Defense for Policy.’’ the following: ‘‘Deputy Under Secretary of Defense for Personnel and 

Readiness.’’. (c) REDUCTION IN NUMBER OF ASSISTANT SECRETARIES OF 

DEFENSE.—(1) Section 138(a) of title 10, United States Code, is 

amended by striking ‘‘nine’’ and inserting ‘‘eight’’. (2) Section 5315 of title 5, United States Code, is amended 

by striking ‘‘(9)’’ after ‘‘Assistant Secretaries of Defense’’ and 

inserting ‘‘(8)’’. (d) EFFECTIVE DATE.—The amendments made by subsection 

(c) shall take effect on the date on which a person is first appointed 

as Deputy Under Secretary of Defense for Personnel and Readiness. 

SEC. 902. SENSE OF CONGRESS ON FUNCTIONS OF NEW OFFICE OF 

FORCE TRANSFORMATION IN THE OFFICE OF THE SECRETARY OF DEFENSE. 

(a) FINDINGS.—Congress finds the following: 

(1) The Armed Forces should give careful consideration 

to implementing transformation to meet operational challenges 

and exploit opportunities resulting from changes in the threat 

environment and the emergence of new technologies. 

(2) The Department of Defense 2001 Quadrennial Defense 

Review Report, issued by the Secretary of Defense on September 

30, 2001, states that ‘‘The purpose of transformation is to 

maintain or improve U.S. military preeminence in the face 

of potential disproportionate discontinuous changes in the strategic environment. Transformation must therefore be focused 

on emerging strategic and operational challenges and the 

opportunities created by these challenges.’’. 

(3) That report further states that ‘‘To support the transformation effort, and to foster innovation and experimentation, 

the Department will establish a new office reporting directly 

to the Secretary and Deputy Secretary of Defense.’’. 

(b) SENSE OF CONGRESS ON FUNCTIONS OF OFFICE OF FORCE 

TRANSFORMATION.—It is the sense of Congress that the Director 

of the Office of Force Transformation within the Office of the 

Secretary of Defense should advise the Secretary on— 

(1) development of force transformation strategies to ensure 

that the military of the future is prepared to dissuade potential 

military competitors and, if that fails, to fight and win decisively 

across the spectrum of future conflict; 

(2) ensuring a continuous and broadly focused transformation process; 

(3) service and joint acquisition and experimentation 

efforts, funding for experimentation efforts, promising operational concepts and technologies, and other transformation 

activities, as appropriate; and 

(4) development of service and joint operational concepts, 

transformation implementation strategies, and risk management strategies. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1195
 

(c) SENSE OF CONGRESS ON FUNDING.—It is the sense of Congress that the Secretary of Defense should consider providing 

funding adequate for sponsoring selective prototyping efforts, war 

games, and studies and analyses and for appropriate staffing, as 

recommended by the Director of the Office of Force Transformation 

referred to in subsection (b). 

SEC. 903. SUSPENSION OF REORGANIZATION OF ENGINEERING AND 

TECHNICAL AUTHORITY POLICY WITHIN THE NAVAL SEA 

SYSTEMS COMMAND PENDING REPORT TO CONGRESSIONAL COMMITTEES. 

(a) SUSPENSION OF REORGANIZATION.—During the period specified in subsection (b), the Secretary of the Navy may not grant 

final approval for any reorganization in engineering or technical 

authority policy for the Naval Sea Systems Command or any of 

the subsidiary activities of that command. 

(b) REPORT.—Subsection (a) applies during the period beginning 

on the date of the enactment of this Act and ending 45 days 

after the date on which the Secretary submits to the congressional 

defense committees a report that sets forth in detail the Navy’s 

plans and justification for the reorganization of engineering and 

technical authority policy within the Naval Sea Systems Command. 

Subtitle B—Space Activities 

SEC. 911. JOINT MANAGEMENT OF SPACE PROGRAMS. 

(a) IN GENERAL.—Part IV of subtitle A of title 10, United 

States Code, is amended by inserting after chapter 134 the following 

new chapter: 

‘‘CHAPTER 135—SPACE PROGRAMS ‘‘Sec. 

‘‘2271. Management of space programs: joint program offices and officer management programs. 

‘‘§ 2271. Management of space programs: joint program 

offices and officer management programs 

‘‘(a) JOINT PROGRAM OFFICES.—The Secretary of Defense shall 

take appropriate actions to ensure, to the maximum extent practicable, that space development and acquisition programs of the 

Department of Defense are carried out through joint program 

offices. 

‘‘(b) OFFICER MANAGEMENT PROGRAMS.—(1) The Secretary of 

Defense shall take appropriate actions to ensure, to the maximum 

extent practicable, that— 

‘‘(A) Army, Navy, and Marine Corps officers, as well as 

Air Force officers, are assigned to the space development and 

acquisition programs of the Department of Defense; and 

‘‘(B) Army, Navy, and Marine Corps officers, as well as 

Air Force officers, are eligible, on the basis of qualification, 

to hold leadership positions within the joint program offices 

referred to in subsection (a). 

‘‘(2) The Secretary of Defense shall designate those positions 

in the Office of the National Security Space Architect of the Department of Defense (or any successor office) that qualify as joint 

duty assignment positions for purposes of chapter 38 of this title.’’. 

Applicability. 

Effective date. 

Termination 

date. 

115 STAT. 1196 PUBLIC LAW 107–107—DEC. 28, 2001
 

Policies and 

procedures. 

Deadline. 

(b) CLERICAL AMENDMENT.—The tables of chapters at the beginning of such subtitle and the beginning of part IV of such subtitle 

are amended by inserting after the item relating to chapter 134 

the following new item: 

‘‘135. Space Programs ........................................................................................ 2271’’.
 

SEC. 912. REQUIREMENT TO ESTABLISH IN THE AIR FORCE AN 

OFFICER CAREER FIELD FOR SPACE. 

(a) IN GENERAL.—Chapter 807 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 8084. Officer career field for space 

‘‘The Secretary of the Air Force shall establish and implement 

policies and procedures to develop a career field for officers in 

the Air Force with technical competence in space-related matters 

to have the capabilty to— ‘‘(1) develop space doctrine and concepts of space operations; 

‘‘(2) develop space systems; and 

‘‘(3) operate space systems.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘8084. Officer career field for space.’’. 

SEC. 913. SECRETARY OF DEFENSE REPORT ON SPACE ACTIVITIES. 

(a) REPORT.—(1) Not later than March 15, 2002, the Secretary 

of Defense shall submit to the Committee on Armed Services of 

the Senate and the Committee on Armed Services of the House 

of Representatives a report on problems in the management and 

organization of the Department of Defense for space activities that 

were identified in the report of the Space Commission, including 

a description of the actions taken by the Secretary to address 

those problems. 

(2) For purposes of paragraph (1), the term ‘‘report of the 

Space Commission’’ means the report of the Commission To Assess 

United States National Security Space Management and Organization, dated January 11, 2001, and submitted to Congress under 

section 1623 of the National Defense Authorization Act for Fiscal 

Year 2000 (Public Law 106–65; 113 Stat. 815). 

(b) MATTERS TO BE INCLUDED.—The report of the Secretary 

of Defense under subsection (a) shall include a description of, and 

rationale for, each of the following: 

(1) Actions taken by the Secretary of Defense to realign 

management authorities and responsibilities for space programs 

of the Department of Defense. 

(2) Steps taken to— 

(A) establish a career field for officers in the Air Force 

with technical competence in space-related matters, in 

accordance with section 8084 of title 10, United States 

Code, as added by section 912; 

(B) ensure that officers in that career field are treated 

fairly and objectively within the overall Air Force officer 

personnel system; and 

(C) ensure that the primary responsibility for management of that career field is assigned appropriately. 

(3) Other steps taken within the Air Force to ensure proper 

priority for development of space systems. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1197
 

(4) Steps taken to ensure that the interests of the Army,
 

the Navy, and the Marine Corps in development and acquisition
 

of space systems, and in the operations of space systems, are
 

protected.
 

(5) Steps taken by the Office of the Secretary of Defense
 

and the military departments to ensure that the Army, Navy,
 

and Marine Corps continue to develop military and civilian
 

personnel with the required expertise in space system development, acquisition, management, and operation.
 

(6) Steps taken to ensure adequate oversight by the Office
 

of the Secretary of Defense of the actions of the Under Secretary
 

of the Air Force as the acquisition executive for Department
 

of Defense space programs.
 

(7) Steps taken to improve oversight of the level of funding
 

provided for space programs and the level of personnel
 

resources provided for space programs.
 

SEC. 914. COMPTROLLER GENERAL ASSESSMENT OF IMPLEMENTA- 10 USC 2271 

TION OF RECOMMENDATIONS OF SPACE COMMISSION. note. 

(a) ASSESSMENT.—(1) The Comptroller General shall carry out 

an assessment through February 15, 2003, of the actions taken 

by the Secretary of Defense in implementing the recommendations 

in the report of the Space Commission that are applicable to the 

Department of Defense. 

(2) For purposes of paragraph (1), the term ‘‘report of the 

Space Commission’’ means the report of the Commission To Assess 

United States National Security Space Management and Organization, dated January 11, 2001, and submitted to Congress under 

section 1623 of the National Defense Authorization Act for Fiscal 

Year 2000 (Public Law 106–65; 113 Stat. 815). 

(b) REPORTS.—Not later than February 15 of each of 2002 Deadlines. 

and 2003, the Comptroller General shall submit to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives a report on the assessment 

carried out under subsection (a). Each report shall set forth the 

results of the assessment as of the date of such report. 

SEC. 915. SENSE OF CONGRESS REGARDING OFFICERS RECOMMENDED TO BE APPOINTED TO SERVE AS COMMANDER 

OF UNITED STATES SPACE COMMAND. 

It is the sense of Congress that the position of commander 

of the United States Space Command, a position of importance 

and responsibility designated by the President under section 601 

of title 10, United States Code, to carry the grade of general 

or admiral and covered by section 604 of that title, relating to 

recommendations by the Secretary of Defense for appointment of 

officers to certain four-star joint officer positions, should be filled 

by the best qualified officer of the Army, Navy, Air Force, or 

Marine Corps, rather than by officers from the same armed force 

that has traditionally provided officers for that position. 

115 STAT. 1198 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 118 note. 

Deadline. 

Subtitle C—Reports 

SEC. 921. REVISED REQUIREMENT FOR CHAIRMAN OF THE JOINT 

CHIEFS OF STAFF TO ADVISE SECRETARY OF DEFENSE 

ON THE ASSIGNMENT OF ROLES AND MISSIONS TO THE 

ARMED FORCES. 

(a) ASSESSMENT DURING QUADRENNIAL DEFENSE REVIEW.—Section 118(e) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(e) CJCS REVIEW.—’’; 

(2) by designating the second and third sentences as paragraph (3); and 

(3) by inserting after paragraph (1), as designated by paragraph (1) of this subsection, the following new paragraph: 

‘‘(2) The Chairman shall include as part of that assessment 

the Chairman’s assessment of the assignment of functions (or roles 

and missions) to the armed forces, together with any recommendations for changes in assignment that the Chairman considers necessary to achieve maximum efficiency of the armed forces. In preparing the assessment under this paragraph, the Chairman shall 

consider (among other matters) the following: ‘‘(A) Unnecessary duplication of effort among the armed 

forces. ‘‘(B) Changes in technology that can be applied effectively 

to warfare.’’. (b) REPEAL OF REQUIREMENT FOR TRIENNIAL REPORT ON ASSIGNMENT OF ROLES AND MISSIONS.—Section 153 of such title is 

amended— 

(1) by striking ‘‘(a) PLANNING; ADVICE; POLICY FORMULATION.—’’; and 

(2) by striking subsection (b). 

(c) ASSESSMENT WITH RESPECT TO 2001 QDR.—With respect 

to the 2001 Quadrennial Defense Review, the Chairman of the 

Joint Chiefs of Staff shall submit to Congress a separate assessment 

of functions (or roles and missions) of the Armed Forces in accordance with paragraph (2) of section 118(e) of title 10, United States 

Code, as added by subsection (a)(3). Such assessment shall be 

based on the findings in the 2001 Quadrennial Defense Review, 

issued by the Secretary of Defense on September 30, 2001, and 

shall be submitted to Congress not later than one year after the 

date of the enactment of this Act. 

SEC. 922. REVISED REQUIREMENTS FOR CONTENT OF ANNUAL 

REPORT ON JOINT WARFIGHTING EXPERIMENTATION. 

Section 485(b) of title 10, United States Code, is amended— 

(1) in paragraph (4)(E)— 

(A) by inserting ‘‘(by lease or by purchase)’’ after 

‘‘acquire’’; and 

(B) by inserting ‘‘(including any prototype)’’ after ‘‘or 

equipment’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(6) A specific assessment of whether there is a need for 

a major force program for funding— 

‘‘(A) joint warfighting experimentation; and 

‘‘(B) the development and acquisition of any technology 

the value of which has been empirically demonstrated 

through such experimentation.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1199
 

SEC. 923. REPEAL OF REQUIREMENT FOR ONE OF THREE REMAINING 

REQUIRED REPORTS ON ACTIVITIES OF JOINT REQUIREMENTS OVERSIGHT COUNCIL. 

Section 916 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 

106–398; 114 Stat. 1654A–231) is amended— 

(1) in the section heading, by striking ‘‘SEMIANNUAL 

REPORT’’ and inserting ‘‘REPORTS’’; 

(2) in subsection (a)— 

(A) by striking ‘‘SEMIANNUAL REPORT’’ in the subsection 

heading and inserting ‘‘REPORTS REQUIRED’’; and 

(B) by striking ‘‘five semiannual’’; and 

(3) in subsection (b)— 

(A) by striking ‘‘September 1, 2002,’’; and 

(B) by striking the period at the end of the last sentence 

and inserting ‘‘, except that the last report shall cover 

all of the preceding fiscal year.’’. 

SEC. 924. REVISED JOINT REPORT ON ESTABLISHMENT OF NATIONAL 

COLLABORATIVE INFORMATION ANALYSIS CAPABILITY. 

(a) REVISED REPORT.—At the same time as the submission 

of the budget for fiscal year 2003 under section 1105 of title 31, 

United States Code, the Secretary of Defense and the Director 

of Central Intelligence shall submit to the congressional defense 

committees and the congressional intelligence committees a revised 

report assessing alternatives for the establishment of a national 

collaborative information analysis capability. 

(b) MATTERS INCLUDED.—The revised report shall cover the 

same matters required to be included in the DOD/CIA report, 

except that the alternative architectures assessed in the revised 

report shall be limited to architectures that include the participation 

of all Federal agencies involved in the collection of intelligence. 

The revised report shall also identify any issues that would require 

legislative or regulatory changes in order to implement the preferred 

architecture identified in the revised report. 

(c) OFFICIALS TO BE CONSULTED.—The revised report shall 

be prepared after consultation with all appropriate Federal officials, 

including the following: 

(1) The Secretary of the Treasury. 

(2) The Secretary of Commerce. 

(3) The Secretary of State. 

(4) The Attorney General. 

(5) The Director of the Federal Bureau of Investigation. 

(6) The Administrator of the Drug Enforcement Administration. 

(d) DEFINITIONS.—In this section: 

(1) DOD/CIA REPORT.—The term ‘‘DOD/CIA report’’ means 

the joint report required by section 933 of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as 

enacted into law by Public Law 106–398; 114 Stat. 1654A– 

237). 

(2) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term 

‘‘congressional intelligence committees’’ means the Select Committee on Intelligence of the Senate and the Permanent Select 

Committee on Intelligence of the House of Representatives. 

10 USC 181 note. 

115 STAT. 1200 PUBLIC LAW 107–107—DEC. 28, 2001
 

Subtitle D—Other Matters 

SEC. 931. CONFORMING AMENDMENTS RELATING TO CHANGE OF 

NAME OF MILITARY AIRLIFT COMMAND TO AIR MOBILITY 

COMMAND. 

(a) CURRENT REFERENCES IN TITLE 10, UNITED STATES CODE.— 

Section 2554(d) of title 10, United States Code, and section 2555(a) 

of such title (relating to transportation services for international 

Girl Scout events) are amended by striking ‘‘Military Airlift Command’’ and inserting ‘‘Air Mobility Command’’. 

(b) REPEAL OF OBSOLETE PROVISION.—Section 8074 of such 

title is amended by striking subsection (c). 

(c) REFERENCES IN TITLE 37, UNITED STATES CODE.—Sections 

430(c) and 432(b) of title 37, United States Code, are amended 

by striking ‘‘Military Airlift Command’’ and inserting ‘‘Air Mobility 

Command’’. 

SEC. 932. ORGANIZATIONAL REALIGNMENT FOR NAVY DIRECTOR FOR 

EXPEDITIONARY WARFARE. 

Section 5038(a) of title 10, United States Code, is amended 

by striking ‘‘Office of the Deputy Chief of Naval Operations for 

Resources, Warfare Requirements, and Assessments’’ and inserting 

‘‘office of the Deputy Chief of Naval Operations with responsibility 

for warfare requirements and programs’’. 

TITLE X—GENERAL PROVISIONS 

Subtitle A—Department of Defense Civilian Personnel 

Sec. 1001. Transfer authority.

Sec. 1002. Incorporation of classified annex.

Sec. 1003. Authorization of supplemental appropriations for fiscal year 2001.

Sec. 1004. United States contribution to NATO common-funded budgets in fiscal 

year 2002.

Sec. 1005. Limitation on funds for Bosnia and Kosovo peacekeeping operations for 

fiscal year 2002.

Sec. 1006. Maximum amount for National Foreign Intelligence Program.

Sec. 1007. Clarification of applicability of interest penalties for late payment of interim payments due under contracts for services.

Sec. 1008. Reliability of Department of Defense financial statements.

Sec. 1009. Financial Management Modernization Executive Committee and financial feeder systems compliance process.

Sec. 1010. Authorization of funds for ballistic missile defense programs or combating terrorism programs of the Department of Defense. 

Subtitle B—Naval Vessels and Shipyards 

Sec. 1011. Authority to transfer naval vessels to certain foreign countries.

Sec. 1012. Sale of Glomar Explorer to the lessee. 

Sec. 1013. Leasing of Navy ships for university national oceanographic laboratory 

system. 

Sec. 1014. Increase in limitations on administrative authority of the Navy to settle 

admiralty claims. 

Subtitle C—Counter-Drug Activities 

Sec. 1021. Extension and restatement of authority to provide Department of Defense support for counter-drug activities of other governmental agencies. 

Sec. 1022. Extension of reporting requirement regarding Department of Defense expenditures to support foreign counter-drug activities. 

Sec. 1023. Authority to transfer Tracker aircraft currently used by Armed Forces 

for counter-drug purposes. 

Sec. 1024. Limitation on use of funds for operation of Tethered Aerostat Radar System pending submission of required report. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1201
 

Subtitle D—Strategic Forces 

Sec. 1031. Repeal of limitation on retirement or dismantlement of strategic nuclear 

delivery systems. Sec. 1032. Air Force bomber force structure. 

Sec. 1033. Additional element for revised nuclear posture review.

Sec. 1034. Report on options for modernization and enhancement of missile wing 

helicopter support. 

Subtitle E—Other Department of Defense Provisions 

Sec. 1041. Secretary of Defense recommendation on need for Department of Defense review of proposed Federal agency actions to consider possible 

impact on national defense. Sec. 1042. Department of Defense reports to Congress to be accompanied by electronic version upon request. Sec. 1043. Department of Defense gift authorities.

Sec. 1044. Acceleration of research, development, and production of medical countermeasures for defense against biological warfare agents. Sec. 1045. Chemical and biological protective equipment for military personnel and 

civilian employees of the Department of Defense. Sec. 1046. Sale of goods and services by Naval Magazine, Indian Island, Alaska.

Sec. 1047. Report on procedures and guidelines for embarkation of civilian guests 

on naval vessels for public affairs purposes. Sec. 1048. Technical and clerical amendments. 

Sec. 1049. Termination of referendum requirement regarding continuation of military training on island of Vieques, Puerto Rico, and imposition of additional conditions on closure of live-fire training range. 

Subtitle F—Other Matters 

Sec. 1061. Assistance for firefighters.

Sec. 1062. Extension of times for Commission on the Future of the United States 

Aerospace industry to report and to terminate. Sec. 1063. Appropriations to Radiation Exposure Compensation Trust Fund.

Sec. 1064. Waiver of vehicle weight limits during periods of national emergency.

Sec. 1065. Repair, restoration, and preservation of Lafayette Escadrille Memorial, 

Marnes-la-Coquette, France. 

Subtitle A—Financial Matters 

SEC. 1001. TRANSFER AUTHORITY. 

(a) AUTHORITY TO TRANSFER AUTHORIZATIONS.—(1) Upon determination by the Secretary of Defense that such action is necessary 

in the national interest, the Secretary may transfer amounts of 

authorizations made available to the Department of Defense in 

this division for fiscal year 2002 between any such authorizations 

for that fiscal year (or any subdivisions thereof). Amounts of 

authorizations so transferred shall be merged with and be available 

for the same purposes as the authorization to which transferred. 

(2) The total amount of authorizations that the Secretary may 

transfer under the authority of this section may not exceed 

$2,000,000,000. 

(b) LIMITATIONS.—The authority provided by this section to 

transfer authorizations— 

(1) may only be used to provide authority for items that 

have a higher priority than the items from which authority 

is transferred; and 

(2) may not be used to provide authority for an item that 

has been denied authorization by Congress. 

(c) EFFECT ON AUTHORIZATION AMOUNTS.—A transfer made 

from one account to another under the authority of this section 

shall be deemed to increase the amount authorized for the account 

to which the amount is transferred by an amount equal to the 

amount transferred. 

(d) NOTICE TO CONGRESS.—The Secretary shall promptly notify 

Congress of each transfer made under subsection (a). 

115 STAT. 1202 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 114 note. 

President. 

SEC. 1002. INCORPORATION OF CLASSIFIED ANNEX. 

(a) STATUS OF CLASSIFIED ANNEX.—The Classified Annex prepared by the committee of conference to accompany the conference 

report on the bill S. 1438 of the One Hundred Seventh Congress 

and transmitted to the President is hereby incorporated into this 

Act. 

(b) CONSTRUCTION WITH OTHER PROVISIONS OF ACT.—The 

amounts specified in the Classified Annex are not in addition to 

amounts authorized to be appropriated by other provisions of this 

Act. 

(c) LIMITATION ON USE OF FUNDS.—Funds appropriated pursuant to an authorization contained in this Act that are made available for a program, project, or activity referred to in the Classified 

Annex may only be expended for such program, project, or activity 

in accordance with such terms, conditions, limitations, restrictions, 

and requirements as are set out for that program, project, or activity 

in the Classified Annex. 

(d) DISTRIBUTION OF CLASSIFIED ANNEX.—The President shall 

provide for appropriate distribution of the Classified Annex, or 

of appropriate portions of the annex, within the executive branch 

of the Government. 

SEC. 1003. AUTHORIZATION OF SUPPLEMENTAL APPROPRIATIONS 

FOR FISCAL YEAR 2001. 

Amounts authorized to be appropriated to the Department of 

Defense for fiscal year 2001 in the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398) are hereby adjusted, with respect to any 

such authorized amount, by the amount by which appropriations 

pursuant to such authorization were increased (by a supplemental 

appropriation) or decreased (by a rescission), or both, in title I 

of the Supplemental Appropriations Act, 2001 (Public Law 107– 

20). 

SEC. 1004. UNITED STATES CONTRIBUTION TO NATO COMMONFUNDED BUDGETS IN FISCAL YEAR 2002. 

(a) FISCAL YEAR 2002 LIMITATION.—The total amount contributed by the Secretary of Defense in fiscal year 2002 for the commonfunded budgets of NATO may be any amount up to, but not in 

excess of, the amount specified in subsection (b) (rather than the 

maximum amount that would otherwise be applicable to those 

contributions under the fiscal year 1998 baseline limitation). 

(b) TOTAL AMOUNT.—The amount of the limitation applicable 

under subsection (a) is the sum of the following: 

(1) The amounts of unexpended balances, as of the end 

of fiscal year 2001, of funds appropriated for fiscal years before 

fiscal year 2002 for payments for those budgets. 

(2) The amount specified in subsection (c)(1). 

(3) The amount specified in subsection (c)(2). 

(4) The total amount of the contributions authorized to 

be made under section 2501. 

(c) AUTHORIZED AMOUNTS.—Amounts authorized to be appropriated by titles II and III of this Act are available for contributions 

for the common-funded budgets of NATO as follows: 

(1) Of the amount provided in section 201(1), $708,000 

for the Civil Budget. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1203
 

(2) Of the amount provided in section 301(a)(1), $175,849,000 for the Military Budget. 

(d) DEFINITIONS.—For purposes of this section: 

(1) COMMON-FUNDED BUDGETS OF NATO.—The term ‘‘common-funded budgets of NATO’’ means the Military Budget, 

the Security Investment Program, and the Civil Budget of 

the North Atlantic Treaty Organization (and any successor 

or additional account or program of NATO). 

(2) FISCAL YEAR 1998 BASELINE LIMITATION.—The term ‘‘fiscal year 1998 baseline limitation’’ means the maximum 

annual amount of Department of Defense contributions for 

common-funded budgets of NATO that is set forth as the annual 

limitation in section 3(2)(C)(ii) of the resolution of the Senate 

giving the advice and consent of the Senate to the ratification 

of the Protocols to the North Atlantic Treaty of 1949 on the 

Accession of Poland, Hungary, and the Czech Republic (as 

defined in section 4(7) of that resolution), approved by the 

Senate on April 30, 1998. 

SEC. 1005. LIMITATION ON FUNDS FOR BOSNIA AND KOSOVO PEACEKEEPING OPERATIONS FOR FISCAL YEAR 2002. 

(a) LIMITATION.—Of the amounts authorized to be appropriated 

by section 301(a)(24) for the Overseas Contingency Operations 

Transfer Fund— 

(1) no more than $1,315,600,000 may be obligated for incremental costs of the Armed Forces for Bosnia peacekeeping 

operations; and 

(2) no more than $1,528,600,000 may be obligated for incremental costs of the Armed Forces for Kosovo peacekeeping 

operations. 

(b) PRESIDENTIAL WAIVER.—The President may waive the 

limitation in subsection (a)(1), or the limitation in subsection (a)(2), 

after submitting to Congress the following: 

(1) The President’s written certification that the waiver 

is necessary in the national security interests of the United 

States. 

(2) The President’s written certification that exercising the 

waiver will not adversely affect the readiness of United States 

military forces. 

(3) A report setting forth the following: 

(A) The reasons that the waiver is necessary in the 

national security interests of the United States. 

(B) The specific reasons that additional funding is 

required for the continued presence of United States military forces participating in, or supporting, Bosnia peacekeeping operations, or Kosovo peacekeeping operations, as 

the case may be, for fiscal year 2002. 

(C) A discussion of the impact on the military readiness 

of United States Armed Forces of the continuing deployment of United States military forces participating in, or 

supporting, Bosnia peacekeeping operations, or Kosovo 

peacekeeping operations, as the case may be. 

(4) A supplemental appropriations request for the Department of Defense for such amounts as are necessary for the 

additional fiscal year 2002 costs associated with United States 

military forces participating in, or supporting, Bosnia or Kosovo 

peacekeeping operations. 

115 STAT. 1204 PUBLIC LAW 107–107—DEC. 28, 2001
 

(c) PEACEKEEPING OPERATIONS DEFINED.—For the purposes of 

this section: 

(1) The term ‘‘Bosnia peacekeeping operations’’ has the 

meaning given such term in section 1004(e) of the Strom 

Thurmond National Defense Authorization Act for Fiscal Year 

1999 (Public Law 105–261; 112 Stat. 2112). 

(2) The term ‘‘Kosovo peacekeeping operations’’— 

(A) means the operation designated as Operation Joint 

Guardian and any other operation involving the participation of any of the Armed Forces in peacekeeping or peace 

enforcement activities in and around Kosovo; and 

(B) includes, with respect to Operation Joint Guardian 

or any such other operation, each activity that is directly 

related to the support of the operation. 

SEC. 1006. MAXIMUM AMOUNT FOR NATIONAL FOREIGN INTELLIGENCE PROGRAM. 

The total amount authorized to be appropriated for the National 

Foreign Intelligence Program for fiscal year 2002 is the sum of 

the following: 

(1) The total amount set forth for the National Foreign 

Intelligence Program for fiscal year 2002 in the message of 

the President to Congress transmitted by the President on 

June 27, 2001, and printed as House Document 107–92, captioned ‘‘Communication of the President of the United States 

Transmitting Requests for Fiscal Year 2002 Budget Amendments for the Department of Defense’’. 

(2) The total amount, if any, appropriated for the National 

Foreign Intelligence Program for fiscal year 2002 pursuant 

to the 2001 Emergency Supplemental Appropriations Act for 

Recovery from and Response to Terrorist Attacks on the United 

States (Public Law 107–38; 115 Stat. 220–221). 

(3) The total amount, if any, appropriated for the National 

Foreign Intelligence Program for fiscal year 2002 in any law 

making supplemental appropriations for fiscal year 2002 that 

is enacted during the second session of the 107th Congress. 

31 USC 3902 SEC. 1007. CLARIFICATION OF APPLICABILITY OF INTEREST PENnote. ALTIES FOR LATE PAYMENT OF INTERIM PAYMENTS DUE 

UNDER CONTRACTS FOR SERVICES. 

Section 1010(d) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–251) is amended by inserting 

before the period at the end of the first sentence the following: 

‘‘, and shall apply with respect to interim payments that are due 

on or after such date under contracts entered into before, on, 

or after that date’’. 

10 USC 2222 SEC. 1008. RELIABILITY OF DEPARTMENT OF DEFENSE FINANCIAL 

note. STATEMENTS. 

Deadline. (a) ANNUAL REPORT ON RELIABILITY.—(1) Not later than September 30 of each year but subject to subsection (f), the Secretary 

of Defense shall submit to the recipients specified in paragraph 

(3) a report on the reliability of the Department of Defense financial 

statements, including the financial statements of each component 

of the Department that is required to prepare a financial statement 

under section 3515(c) of title 31, United States Code. 

(2) The annual report shall contain the following: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1205
 

(A) A conclusion regarding whether the policies and procedures of the Department of Defense, and the systems used 

within the Department of Defense, for the preparation of financial statements allow the achievement of reliability in those 

financial statements. 

(B) For each of the financial statements prepared for the 

Department of Defense for the fiscal year in which the report 

is submitted, a conclusion regarding the expected reliability 

of the financial statement (evaluated on the basis of Office 

of Management and Budget guidance on financial statements), 

together with a discussion of the major deficiencies to be 

expected in the statement. 

(C) A summary of the specific sections of the annual Financial Management Improvement Plan of the Department of 

Defense, current as of the date of the report, that— 

(i) detail the priorities, milestones, and measures of 

success that apply to the preparation of the financial statements; 

(ii) detail the planned improvements in the process 

for the preparation of financial statements that are to 

be implemented within 12 months after the date on which 

the plan is issued; and 

(iii) provide an estimate of when each financial statement will convey reliable information. 

(3) The annual report shall be submitted to the following: 

(A) The Committee on Armed Services and the Committee 

on Governmental Affairs of the Senate. 

(B) The Committee on Armed Services and the Committee 

on Government Reform of the House of Representatives. 

(C) The Director of the Office of Management and Budget. 

(D) The Secretary of the Treasury. 

(E) The Comptroller General of the United States. 

(4) The Secretary of Defense shall make a copy of the annual 

report available to the Inspector General of the Department of 

Defense. 

(b) MINIMIZATION OF USE OF RESOURCES FOR UNRELIABLE 

FINANCIAL STATEMENTS.—(1) With respect to each financial statement for a fiscal year that the Secretary of Defense assesses as 

being expected to be unreliable in the annual report under subsection (a), the Under Secretary of Defense (Comptroller) shall 

take appropriate actions to minimize, consistent with the benefits 

to be derived, the resources (including contractor support) that 

are used to develop, compile, and report the financial statement. 

(2) With the annual budget justifications for the Department 

of Defense submitted to Congress each year, the Under Secretary 

of Defense (Comptroller) shall submit, with respect to the fiscal 

year in which submitted, the preceding fiscal year, and the following 

fiscal year, the following information: 

(A) An estimate of the resources that the Department of 

Defense is saving or expects to save as a result of actions 

taken and to be taken under paragraph (1) with respect to 

the preparation of financial statements. 

(B) A discussion of how the resources saved as estimated 

under subparagraph (A) have been redirected or are to be 

redirected from the preparation of financial statements to the 

improvement of systems underlying financial management 

within the Department of Defense and to the improvement 

115 STAT. 1206 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

Applicability. 

of financial management policies, procedures, and internal controls within the Department of Defense. 

(c) INFORMATION TO AUDITORS.—Not later than October 31 of 

each year, the Under Secretary of Defense (Comptroller) and the 

Assistant Secretary of each military department with responsibility 

for financial management and comptroller functions shall each provide to the auditors of the financial statement of that official’s 

department for the fiscal year ending during the preceding month 

that official’s preliminary management representation, in writing, 

regarding the expected reliability of the financial statement. The 

representation shall be consistent with guidance issued by the 

Director of the Office of Management and Budget and shall include 

the basis for the reliability assessment stated in the representation. 

(d) LIMITATION ON INSPECTOR GENERAL AUDITS.—(1) On each 

financial statement that an official asserts is unreliable under subsection (b) or (c), the Inspector General of the Department of 

Defense shall only perform the audit procedures required by generally accepted government auditing standards consistent with any 

representation made by management. 

(2) With the annual budget justifications for the Department 

of Defense submitted to Congress each year, the Under Secretary 

of Defense (Comptroller) shall submit, with respect to the fiscal 

year in which submitted, the preceding fiscal year, and the following 

fiscal year, information which the Inspector General shall report 

to the Under Secretary, as follows: 

(A) An estimate of the resources that the Inspector General 

is saving or expects to save as a result of actions taken and 

to be taken under paragraph (1) with respect to the auditing 

of financial statements. 

(B) A discussion of how the resources saved as estimated 

under subparagraph (A) have been redirected or are to be 

redirected from the auditing of financial statements to the 

oversight and improvement of systems underlying financial 

management within the Department of Defense and to the 

oversight and improvement of financial management policies, 

procedures, and internal controls within the Department of 

Defense. 

(e) EFFECTIVE DATE.—The requirements of this section shall 

apply with respect to financial statements for fiscal years after 

fiscal year 2001 and to the auditing of those financial statements. 

(f) TERMINATION OF APPLICABILITY.—If the Secretary of Defense 

certifies to the Inspector General of the Department of Defense 

that the financial statement for the Department of Defense, or 

a financial statement for a component of the Department of Defense, 

for a fiscal year is reliable, this section shall not apply with respect 

to that financial statement or to any successive financial statement 

for the Department of Defense, or for that component, as the case 

may be, for any later fiscal year. 

SEC. 1009. FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE 

COMMITTEE AND FINANCIAL FEEDER SYSTEMS COMPLIANCE PROCESS. 

(a) EXECUTIVE COMMITTEE.—(1) Chapter 7 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1207
 

‘‘§ 185. Financial Management Modernization Executive 

Committee 

‘‘(a) ESTABLISHMENT OF FINANCIAL MANAGEMENT MODERNIZATION EXECUTIVE COMMITTEE.—(1) The Secretary of Defense shall 

establish a Financial Management Modernization Executive Committee. 

‘‘(2) The Committee shall be composed of the following: 

‘‘(A) The Under Secretary of Defense (Comptroller), who 

shall be the chairman of the committee. 

‘‘(B) The Under Secretary of Defense for Acquisition, Technology, and Logistics. 

‘‘(C) The Under Secretary of Defense for Personnel and 

Readiness. 

‘‘(D) The Chief Information Officer of the Department of 

Defense. 

‘‘(E) Such additional personnel of the Department of 

Defense (including appropriate personnel of the military departments and Defense Agencies) as are designated by the Secretary. 

‘‘(3) The Committee shall be accountable to the Senior Executive 

Council (composed of the Secretary of Defense, the Deputy Secretary 

of Defense, the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Secretary of the Army, the Secretary 

of the Navy, and the Secretary of the Air Force). 

‘‘(b) DUTIES.—In addition to other matters assigned to it by 

the Secretary of Defense, the Committee shall have the following 

duties: 

‘‘(1) To establish a process that ensures that each critical 

accounting system, financial management system, and data 

feeder system of the Department of Defense is compliant with 

applicable Federal financial management and reporting requirements. 

‘‘(2) To develop a management plan for the implementation 

of the financial and data feeder systems compliance process 

established pursuant to paragraph (1). 

‘‘(3) To supervise and monitor the actions that are necessary 

to implement the management plan developed pursuant to 

paragraph (2), as approved by the Secretary of Defense. 

‘‘(4) To ensure that a Department of Defense financial 

management enterprise architecture is developed and maintained in accordance with— 

‘‘(A) the overall business process transformation 

strategy of the Department; and 

‘‘(B) the architecture framework of the Department 

for command, control, communications, computers, intelligence, surveillance, and reconnaissance functions. 

‘‘(5) To ensure that investments in existing or proposed 

financial management systems for the Department comply with 

the overall business practice transformation strategy of the 

Department and the financial management enterprise architecture developed under paragraph (4). 

‘‘(6) To provide an annual accounting of each financial 

and data feeder system investment technology project to ensure 

that each such project is being implemented at acceptable cost 

and within a reasonable schedule and is contributing to tangible, observable improvements in mission performance. 

115 STAT. 1208 PUBLIC LAW 107–107—DEC. 28, 2001
 

Records. 

Reports. 

‘‘(c) MANAGEMENT PLAN FOR IMPLEMENTATION OF FINANCIAL 

DATA FEEDER SYSTEMS COMPLIANCE PROCESS.—The management 

plan developed under subsection (b)(2) shall include among its 

principal elements at least the following elements: 

‘‘(1) A requirement for the establishment and maintenance 

of a complete inventory of all budgetary, accounting, finance, 

and data feeder systems that support the transformed business 

processes of the Department and produce financial statements. 

‘‘(2) A phased process (consisting of the successive phases 

of Awareness, Evaluation, Renovation, Validation, and Compliance) for improving systems referred to in paragraph (1) that 

provides for mapping financial data flow from the cognizant 

Department business function source (as part of the overall 

business process transformation strategy of the Department) 

to Department financial statements. 

‘‘(3) Periodic submittal to the Secretary of Defense, the 

Deputy Secretary of Defense, and the Senior Executive Council 

(or any combination thereof) of reports on the progress being 

made in achieving financial management transformation goals 

and milestones included in the annual financial management 

improvement plan in 2002. 

‘‘(4) Documentation of the completion of each phase specified in paragraph (2) of improvements made to each accounting, 

finance, and data feeder system of the Department. 

‘‘(5) Independent audit by the Inspector General of the 

Department, the audit agencies of the military departments, 

and private sector firms contracted to conduct validation audits 

(or any combination thereof) at the validation phase for each 

accounting, finance, and data feeder system. 

‘‘(d) DATA FEEDER SYSTEMS.—In this section, the term ‘data 

feeder system’ has the meaning given that term in section 2222(c)(2) 

of this title.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘185. Financial Management Modernization Executive Committee.’’. 

(b) ANNUAL FINANCIAL MANAGEMENT IMPROVEMENT PLAN.— 

(1) Subsection (a) of section 2222 of title 10, United States Code, 

is amended— 

(A) by striking ‘‘BIENNIAL’’ in the subsection heading and 

inserting ‘‘ANNUAL’’; 

(B) by striking ‘‘a biennial’’ in the first sentence and 

inserting ‘‘an annual’’; and 

(C) by striking ‘‘even-numbered’’ in the second sentence. 

(2) Subsection (c) of such section is amended— 

(A) by redesignating paragraph (2) as paragraph (3); and 

(B) by inserting after paragraph (1) the following new 

paragraph (2): 

‘‘(2) In each such plan, the Secretary shall include the following: 

‘‘(A) A description of the actions to be taken in the fiscal 

year beginning in the year in which the plan is submitted 

to implement the annual performance goals, and the performance milestones, included in the financial management 

improvement plan submitted in 2002 pursuant to paragraphs 

(1) and (2), respectively, of section 1009(c) of the National 

Defense Authorization Act for Fiscal Year 2002. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1209
 

‘‘(B) An estimate of the amount expended in the fiscal 

year ending in the year in which the plan is submitted to 

implement the financial management improvement plan in such 

preceding calendar year, set forth by system. 

‘‘(C) If an element of the financial management improvement plan submitted in the fiscal year ending in the year 

in which the plan is submitted was not implemented, a justification for the lack of implementation of such element.’’. 

(3)(A) The heading of such section is amended to read as 

follows: 

‘‘§ 2222. Annual financial management improvement plan’’. 

(B) The item relating to section 2222 in the table of sections 

at the beginning of chapter 131 of such title is amended to read 

as follows: 

‘‘2222. Annual financial management improvement plan.’’. 

(c) ADDITIONAL ELEMENTS FOR FINANCIAL MANAGEMENT 

IMPROVEMENT PLAN IN 2002.—In the annual financial management 

improvement plan submitted under section 2222 of title 10, United 

States Code, in 2002, the Secretary of Defense shall include the 

following: 

(1) Measurable annual performance goals for improvement 

of the financial management of the Department of Defense. 

(2) Performance milestones for initiatives under that plan 

for transforming the financial management operations of the 

Department of Defense and for implementing a financial 

management architecture for the Department. 

(3) An assessment of the anticipated annual cost of any 

plans for transforming the financial management operations 

of the Department of Defense and for implementing a financial 

management architecture for the Department. 

(4) A discussion of the following: 

(A) The roles and responsibilities of appropriate 

Department officials to ensure the supervision and monitoring of the compliance of each accounting, finance, and 

data feeder system of the Department with— 

(i) the business practice transformation strategy 

of the Department; 

(ii) the financial management architecture of the 

Department; and 

(iii) applicable Federal financial management systems and reporting requirements. 

(B) A summary of the actions taken by the Financial 

Management Modernization Executive Committee to 

ensure that such systems comply with— 

(i) the business practice transformation strategy 

of the Department; 

(ii) the financial management architecture of the 

Department; and 

(iii) applicable Federal financial management systems and reporting requirements. 

(d) EFFECTIVE DATE.—Paragraph (2) of section 2222(c) of title 

10, United States Code, as added by subsection (b)(2), shall not 

apply with respect to the annual financial management improvement plan submitted under section 2222 of title 10, United States 

Code, in 2002. 

10 USC 2222 

note. 

10 USC 2222 

note. 

115 STAT. 1210 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

Reports. 

SEC. 1010. AUTHORIZATION OF FUNDS FOR BALLISTIC MISSILE 

DEFENSE PROGRAMS OR COMBATING TERRORISM PROGRAMS OF THE DEPARTMENT OF DEFENSE. 

(a) AUTHORIZATION.—There is hereby authorized to be appropriated for fiscal year 2002 for the military functions of the Department of Defense, in addition to amounts authorized to be appropriated in titles I, II, and III, the amount of $1,300,000,000, to 

be available, in accordance with subsection (b), for the following 

purposes: 

(1) Research, development, test, and evaluation for ballistic 

missile defense programs of the Ballistic Missile Defense 

Organization. 

(2) Activities of the Department of Defense for combating 

terrorism. 

(b) ALLOCATION BY PRESIDENT.—(1) The amount authorized 

to be appropriated by subsection (a) shall be allocated between 

the purposes stated in paragraphs (1) and (2) of that subsection 

in such manner as may be determined by the President based 

upon the national security interests of the United States. The 

amount authorized in subsection (a) shall not be available for any 

other purpose. 

(2) Upon an allocation of such amount by the President, the 

amount so allocated shall be transferred to the appropriate regular 

authorization account under this division in the same manner as 

provided in section 1001. Transfers under this paragraph shall 

not be counted for the purposes of section 1001(a)(2). 

(3) Not later than 15 days after an allocation is made under 

this subsection, the Secretary of Defense shall submit to the 

congressional defense committees a report describing the allocation 

and the Secretary’s plan for the use by the Department of Defense 

of the funds made available pursuant to such allocation. 

Subtitle B—Naval Vessels and Shipyards 

SEC. 1011. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN 

FOREIGN COUNTRIES. 

(a) TRANSFERS BY GRANT.—The President is authorized to 

transfer vessels to foreign countries on a grant basis under section 

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) as 

follows: 

(1) POLAND.—To the Government of Poland, the OLIVER 

HAZARD PERRY class guided missile frigate WADSWORTH 

(FFG 9). 

(2) TURKEY.—To the Government of Turkey, the KNOX 

class frigates CAPODANNO (FF 1093), THOMAS C. HART 

(FF 1092), DONALD B. BEARY (FF 1085), McCANDLESS 

(FF 1084), REASONER (FF 1063), and BOWEN (FF 1079). 

(b) TRANSFERS BY SALE.—The President is authorized to 

transfer vessels to foreign governments and foreign governmental 

entities on a sale basis under section 21 of the Arms Export Control 

Act (22 U.S.C. 2761) as follows: 

(1) TAIWAN.—To the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan 

instrumentality designated pursuant to section 10(a) of the 

Taiwan Relations Act), the KIDD class guided missile 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1211
 

destroyers KIDD (DDG 993), CALLAGHAN (DDG 994), SCOTT
 

(DDG 995), and CHANDLER (DDG 996).
 

(2) TURKEY.—To the Government of Turkey, the OLIVER
 

HAZARD PERRY class guided missile frigates ESTOCIN (FFG
 

15) and SAMUEL ELIOT MORISON (FFG 13).
 

(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED 

EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 

another country on a grant basis under section 516 of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority 

provided by subsection (a) shall not be counted for the purposes 

of subsection (g) of that section in the aggregate value of excess 

defense articles transferred to countries under that section in any 

fiscal year. 

(d) COSTS OF TRANSFERS ON GRANT BASIS.—Any expense 

incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient (notwithstanding section 516(e)(1) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2321j(e)(1))) in the case of a transfer authorized to 

be made on a grant basis under subsection (a). 

(e) WAIVER AUTHORITY.—For a vessel transferred on a grant 

basis pursuant to authority provided by subsection (a)(2), the President may waive reimbursement of charges for the lease of that 

vessel under section 61(a) of the Arms Export Control Act (22 

U.S.C. 2796(a)) for a period of one year before the date of the 

transfer of that vessel. 

(f) REPAIR AND REFURBISHMENT IN UNITED STATES SHIP- President. 

YARDS.—To the maximum extent practicable, the President shall 

require, as a condition of the transfer of a vessel under this section, 

that the country to which the vessel is transferred have such 

repair or refurbishment of the vessel as is needed, before the 

vessel joins the naval forces of that country, performed at a shipyard 

located in the United States, including a United States Navy shipyard. 

(g) EXPIRATION OF AUTHORITY.—The authority to transfer a 

vessel under this section shall expire at the end of the two-year 

period beginning on the date of the enactment of this Act. 

SEC. 1012. SALE OF GLOMAR EXPLORER TO THE LESSEE. 

(a) AUTHORITY.—The Secretary of the Navy may convey by 

sale all right, title, and interest of the United States in and to 

the vessel GLOMAR EXPLORER (AG 193) to the person who, 

on the date of the enactment of this Act, is the lessee of the 

vessel. 

(b) CONSIDERATION.—The price for which the vessel is sold 

under subsection (a) shall be a fair and reasonable amount determined by the Secretary of the Navy. 

(c) ADDITIONAL TERMS.—The Secretary may require such additional terms in connection with the conveyance authorized by this 

section as the Secretary considers appropriate. 

(d) PROCEEDS OF SALE.—Amounts received by the Secretary 

from the sale under this section may, to the extent provided in 

an appropriations Act, be credited to the appropriation available 

for providing salvage facilities under section 7361 of title 10, United 

States Code, and are authorized to remain available until expended 

for that purpose. 

115 STAT. 1212 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 1013. LEASING OF NAVY SHIPS FOR UNIVERSITY NATIONAL 

OCEANOGRAPHIC LABORATORY SYSTEM. 

Subsection (g) of section 2667 of title 10, United States Code, 

is amended by adding at the end the following new paragraph: 

‘‘(3) Paragraph (1) does not apply to a renewal or extension 

of a lease by the Secretary of the Navy with a selected institution 

for operation of a ship within the University National Oceanographic Laboratory System if, under the lease, each of the following 

applies: 

‘‘(A) Use of the ship is restricted to federally supported 

research programs and to non-Federal uses under specific conditions with approval by the Secretary of the Navy. 

‘‘(B) Because of the anticipated value to the Navy of the 

oceanographic research and training that will result from the 

ship’s operation, no monetary lease payments are required from 

the lessee under the initial lease or under any renewal or 

extension. 

‘‘(C) The lessee is required to maintain the ship in a good 

state of repair, readiness, and efficient operating condition, 

conform to all applicable regulatory requirements, and assume 

full responsibility for the safety of the ship, its crew, and 

scientific personnel aboard.’’. 

SEC. 1014. INCREASE IN LIMITATIONS ON ADMINISTRATIVE AUTHORITY OF THE NAVY TO SETTLE ADMIRALTY CLAIMS. 

(a) ADMIRALTY CLAIMS AGAINST THE UNITED STATES.—Section 

7622 of title 10, United States Code, is amended— 

(1) in subsections (a) and (b), by striking ‘‘$1,000,000’’ and 

inserting ‘‘$15,000,000’’; and 

(2) in subsection (c), by striking ‘‘$100,000’’ and inserting 

‘‘$1,000,000’’. 

(b) ADMIRALTY CLAIMS BY THE UNITED STATES.—Section 7623 

of such title is amended— 

(1) in subsection (a)(2), by striking ‘‘$1,000,000’’ and 

inserting ‘‘$15,000,000’’; and 

(2) in subsection (c), by striking ‘‘$100,000’’ and inserting 

‘‘$1,000,000’’. 

10 USC 7622 (c) EFFECTIVE DATE.—The amendments made by this section 

note. shall apply with respect to any claim accruing on or after February 

1, 2001. 

Subtitle C—Counter-Drug Activities 

SEC. 1021. EXTENSION AND RESTATEMENT OF AUTHORITY TO PROVIDE DEPARTMENT OF DEFENSE SUPPORT FOR 

COUNTER-DRUG ACTIVITIES OF OTHER GOVERNMENTAL 

AGENCIES. 

Section 1004 of the National Defense Authorization Act for 

Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 374 note) is 

amended to read as follows: 

‘‘SEC. 1004. ADDITIONAL SUPPORT FOR COUNTER-DRUG ACTIVITIES. 

‘‘(a) SUPPORT TO OTHER AGENCIES.—During fiscal years 2002 

through 2006, the Secretary of Defense may provide support for 

the counter-drug activities of any other department or agency of 

the Federal Government or of any State, local, or foreign law 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1213
 

enforcement agency for any of the purposes set forth in subsection 

(b) if such support is requested— ‘‘(1) by the official who has responsibility for the counterdrug activities of the department or agency of the Federal 

Government, in the case of support for other departments or 

agencies of the Federal Government; 

‘‘(2) by the appropriate official of a State or local government, in the case of support for State or local law enforcement 

agencies; or 

‘‘(3) by an appropriate official of a department or agency 

of the Federal Government that has counter-drug responsibilities, in the case of support for foreign law enforcement agencies. 

‘‘(b) TYPES OF SUPPORT.—The purposes for which the Secretary 

of Defense may provide support under subsection (a) are the following: ‘‘(1) The maintenance and repair of equipment that has 

been made available to any department or agency of the Federal 

Government or to any State or local government by the Department of Defense for the purposes of— ‘‘(A) preserving the potential future utility of such 

equipment for the Department of Defense; and ‘‘(B) upgrading such equipment to ensure compatibility 

of that equipment with other equipment used by the 

Department of Defense. 

‘‘(2) The maintenance, repair, or upgrading of equipment 

(including computer software), other than equipment referred 

to in paragraph (1) for the purpose of— 

‘‘(A) ensuring that the equipment being maintained 

or repaired is compatible with equipment used by the 

Department of Defense; and 

‘‘(B) upgrading such equipment to ensure the compatibility of that equipment with equipment used by the 

Department of Defense. 

‘‘(3) The transportation of personnel of the United States 

and foreign countries (including per diem expenses associated 

with such transportation), and the transportation of supplies 

and equipment, for the purpose of facilitating counter-drug 

activities within or outside the United States. 

‘‘(4) The establishment (including an unspecified minor 

military construction project) and operation of bases of operations or training facilities for the purpose of facilitating 

counter-drug activities of the Department of Defense or any 

Federal, State, or local law enforcement agency within or outside the United States or counter-drug activities of a foreign 

law enforcement agency outside the United States. 

‘‘(5) Counter-drug related training of law enforcement personnel of the Federal Government, of State and local governments, and of foreign countries, including associated support 

expenses for trainees and the provision of materials necessary 

to carry out such training. 

‘‘(6) The detection, monitoring, and communication of the 

movement of— 

‘‘(A) air and sea traffic within 25 miles of and outside 

the geographic boundaries of the United States; and 

‘‘(B) surface traffic outside the geographic boundary 

of the United States and within the United States not 

115 STAT. 1214 PUBLIC LAW 107–107—DEC. 28, 2001
 

to exceed 25 miles of the boundary if the initial detection 

occurred outside of the boundary. 

‘‘(7) Construction of roads and fences and installation of 

lighting to block drug smuggling corridors across international 

boundaries of the United States. 

‘‘(8) Establishment of command, control, communications, 

and computer networks for improved integration of law enforcement, active military, and National Guard activities. 

‘‘(9) The provision of linguist and intelligence analysis services. 

‘‘(10) Aerial and ground reconnaissance. 

‘‘(c) LIMITATION ON COUNTER-DRUG REQUIREMENTS.—The Secretary of Defense may not limit the requirements for which support 

may be provided under subsection (a) only to critical, emergent, 

or unanticipated requirements. ‘‘(d) CONTRACT AUTHORITY.—In carrying out subsection (a), the 

Secretary of Defense may acquire services or equipment by contract 

for support provided under that subsection if the Department of 

Defense would normally acquire such services or equipment by 

contract for the purpose of conducting a similar activity for the 

Department of Defense. ‘‘(e) LIMITED WAIVER OF PROHIBITION.—Notwithstanding section 

376 of title 10, United States Code, the Secretary of Defense may 

provide support pursuant to subsection (a) in any case in which 

the Secretary determines that the provision of such support would 

adversely affect the military preparedness of the United States 

in the short term if the Secretary determines that the importance 

of providing such support outweighs such short-term adverse effect. 

‘‘(f) CONDUCT OF TRAINING OR OPERATION TO AID CIVILIAN 

AGENCIES.—In providing support pursuant to subsection (a), the 

Secretary of Defense may plan and execute otherwise valid military 

training or operations (including training exercises undertaken 

pursuant to section 1206(a) of the National Defense Authorization 

Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 

Stat. 1564)) for the purpose of aiding civilian law enforcement 

agencies. 

‘‘(g) RELATIONSHIP TO OTHER LAWS.—(1) The authority provided 

in this section for the support of counter-drug activities by the 

Department of Defense is in addition to, and except as provided 

in paragraph (2), not subject to the requirements of chapter 18 

of title 10, United States Code. 

‘‘(2) Support under this section shall be subject to the provisions 

of section 375 and, except as provided in subsection (e), section 

376 of title 10, United States Code. 

‘‘(h) CONGRESSIONAL NOTIFICATION OF FACILITIES PROJECTS.— 

(1) When a decision is made to carry out a military construction 

project described in paragraph (2), the Secretary of Defense shall 

submit to the congressional defense committees written notice of 

the decision, including the justification for the project and the 

estimated cost of the project. The project may be commenced only 

after the end of the 21-day period beginning on the date on which 

the written notice is received by Congress. 

‘‘(2) Paragraph (1) applies to an unspecified minor military 

construction project that— 

‘‘(A) is intended for the modification or repair of a Department of Defense facility for the purpose set forth in subsection 

(b)(4); and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1215
 

‘‘(B) has an estimated cost of more than $500,000.’’. 

SEC. 1022. EXTENSION OF REPORTING REQUIREMENT REGARDING 

DEPARTMENT OF DEFENSE EXPENDITURES TO SUPPORT 

FOREIGN COUNTER-DRUG ACTIVITIES. 

Section 1022 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–255) is amended— 

(1) by inserting ‘‘and April 15, 2002,’’ after ‘‘January 1, 

2001,’’; and 

(2) by striking ‘‘fiscal year 2000’’ and inserting ‘‘the preceding fiscal year’’. 

SEC. 1023. AUTHORITY TO TRANSFER TRACKER AIRCRAFT CURRENTLY USED BY ARMED FORCES FOR COUNTER-DRUG 

PURPOSES. 

(a) TRANSFER AUTHORITY.—The Secretary of Defense may 

transfer to the administrative jurisdiction and operational control 

of another Federal agency all Tracker aircraft in the inventory 

of the Department of Defense. 

(b) EFFECT OF FAILURE TO TRANSFER.—If the transfer authority 

provided by subsection (a) is not exercised by the Secretary of 

Defense by September 30, 2002, any Tracker aircraft remaining 

in the inventory of the Department of Defense may not be used 

by the Armed Forces for counter-drug purposes after that date. 

SEC. 1024. LIMITATION ON USE OF FUNDS FOR OPERATION OF TETHERED AEROSTAT RADAR SYSTEM PENDING SUBMISSION 

OF REQUIRED REPORT. 

Not more than 50 percent of the funds appropriated or otherwise made available for fiscal year 2002 for operation of the Tethered Aerostat Radar System, which is used by the Armed Forces 

in maritime, air, and land counter-drug detection and monitoring, 

may be obligated or expended until such time as the Secretary 

of Defense submits to Congress the report on the status of the 

Tethered Aerostat Radar System required by section 1025 of the 

Floyd D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 

1654A–256). 

Subtitle D—Strategic Forces 

SEC. 1031. REPEAL OF LIMITATION ON RETIREMENT OR DISMANTLEMENT OF STRATEGIC NUCLEAR DELIVERY SYSTEMS. 

Section 1302 of the National Defense Authorization Act for 

Fiscal Year 1998 (Public Law 105–85; 111 Stat. 1948) is repealed. 

SEC. 1032. AIR FORCE BOMBER FORCE STRUCTURE. 

(a) LIMITATION.—None of the funds available to the Department Reports. 

of Defense for fiscal year 2002 may be obligated or expended for 

retiring or dismantling any of the 93 B–1B Lancer bombers in 

service as of June 1, 2001, or for transferring or reassigning any 

of those aircraft from the unit or facility to which assigned as 

of that date, until 15 days after the Secretary of the Air Force 

submits to the Committee on Armed Services of the Senate and 

the Committee on Armed Services of the House of Representatives 

a report on the Air Force bomber force structure. 

115 STAT. 1216 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 118 note. 

(b) MATTERS TO BE INCLUDED.—The report under subsection 

(a) shall set forth the following: 

(1) The Air Force plan for the modernization of the B– 1B aircraft fleet, including a transition plan for implementation 

of that modernization plan and a description of the basing 

options for the aircraft in that fleet. 

(2) The amount and type of bomber force structure in 

the Air Force appropriate to meet the requirements of the 

national security strategy of the United States. 

(3) Specifications of new missions to be assigned to the 

National Guard units that currently fly B–1 aircraft and the 

transition of those units and their facilities from the current 

B–1 mission to their future missions. 

(4) A description of the potential effect of the proposed 

consolidation and reduction of the B–1 fleet on other National 

Guard units in the affected States. 

(5) A justification of the cost and projected savings of 

consolidating and reducing the B–1 fleet. 

(c) AMOUNT AND TYPE OF BOMBER FORCE STRUCTURE 

DEFINED.—In this section, the term ‘‘amount and type of bomber 

force structure’’ means the number of B–2 aircraft, B–52 aircraft, 

and B–1 aircraft that are required to carry out the current national 

security strategy. 

SEC. 1033. ADDITIONAL ELEMENT FOR REVISED NUCLEAR POSTURE 

REVIEW. 

Section 1041(b) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–262) is amended by adding 

at the end the following new paragraph: 

‘‘(7) The possibility of deactivating or dealerting nuclear 

warheads or delivery systems immediately, or immediately after 

a decision to retire any specific warhead, class of warheads, 

or delivery system.’’. 

SEC. 1034. REPORT ON OPTIONS FOR MODERNIZATION AND ENHANCEMENT OF MISSILE WING HELICOPTER SUPPORT. 

(a) REPORT REQUIRED.—The Secretary of Defense shall prepare 

a report regarding the options for providing the helicopter support 

missions for the Air Force intercontinental ballistic missile wings 

at Minot Air Force Base, North Dakota, Malmstrom Air Force 

Base, Montana, and F.E. Warren Air Force Base, Wyoming, for 

as long as these missions are required. The report shall include 

the Secretary’s recommendations on a preferred option. 

(b) OPTIONS.—Options to be reviewed under subsection (a) 

include the following: 

(1) The current plan of the Air Force for replacement 

or modernization of UH–1N helicopters currently flown by the 

Air Force at the missile wings. 

(2) Replacement of the UH–1N helicopters currently flown 

by the Air Force with UH–60 Black Hawk helicopters, the 

UH–1Y helicopter, or another platform. 

(3) Replacement of the UH–1N helicopters with UH–60 

helicopters and transition of the mission to the Army National 

Guard, as detailed in the Air Force Space Command/Army 

National Guard plan entitled ‘‘ARNG Helicopter Support to 

Air Force Space Command’’ and dated November 2000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1217
 

(4) Replacement of the UH–1N helicopters with UH–60
 

helicopters or another platform, and establishment of composite
 

units combining active duty Air Force and Army National
 

Guard personnel.
 

(5) Such other options as the Secretary of Defense considers
 

appropriate.
 

(c) FACTORS.—Factors to be considered in preparing the report 

under subsection (a) include the following: 

(1) Any implications of transferring the helicopter support
 

missions on the command and control of, and responsibility
 

for, missile field force protection.
 

(2) Current and future operational requirements, and the
 

capabilities of the UH–1N or UH–60 helicopter or other aircraft
 

to meet such requirements.
 

(3) Cost, with particular attention to opportunities to
 

realize efficiencies over the long run.
 

(4) Implications for personnel training and retention. 

(5) Evaluation of the assumptions used in the plan specified
 

in subsection (b)(3).
 

(d) CONSIDERATION.—In preparing the report under subsection 

(a), the Secretary of Defense shall consider carefully the views 

of the Secretary of the Army, the Secretary of the Air Force, 

the commander of the United States Strategic Command, and the 

Chief of the National Guard Bureau. 

(e) SUBMISSION OF REPORT.—The report required by subsection Deadline. 

(a) shall be submitted to the congressional defense committees 

not later than the date on which the President submits to Congress 

the budget under section 1105 of title 31, United States Code, 

for fiscal year 2003. 

Subtitle E—Other Department of Defense
 

Provisions
 

SEC. 1041. SECRETARY OF DEFENSE RECOMMENDATION ON NEED 

FOR DEPARTMENT OF DEFENSE REVIEW OF PROPOSED 

FEDERAL AGENCY ACTIONS TO CONSIDER POSSIBLE 

IMPACT ON NATIONAL DEFENSE. 

(a) RECOMMENDATION ON NEED FOR DEFENSE IMPACT REVIEW 

PROCESS.—The Secretary of Defense shall submit to the President 

the Secretary’s recommendation as to whether there should be 

established within the executive branch a defense impact review 

process. The Secretary shall submit a copy of such recommendation 

to Congress. 

(b) DEFENSE IMPACT REVIEW PROCESS.—(1) For purposes of 

this section, the term ‘‘defense impact review process’’ means a 

formal process within the executive branch— (A) to provide for review by the Department of Defense
 

of certain proposed actions of other Federal departments and
 

agencies to identify any reasonably foreseeable significant
 

adverse impact of such a proposed action on national defense;
 

and
 

(B) when such a review indicates that a proposed agency
 

action may have such an adverse impact—
 

(i) to afford the Secretary of Defense a timely opportunity to make recommendations for means to eliminate 

or mitigate any such adverse impact; and 

115 STAT. 1218 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

(ii) to afford an opportunity for those recommendations 

to be given reasonable and timely consideration by the 

agency to which provided. 

(2) For purposes of such a review process, the proposed agency 

actions subject to review would be those for which a significant 

adverse impact on national defense is reasonably foreseeable and 

that meet such additional criteria as may be specified by the Secretary of Defense. 

(c) TIME FOR SUBMISSION OF RECOMMENDATION.—The Secretary 

shall submit the Secretary’s recommendation under subsection (a) 

not later than 180 days after the date of the enactment of this 

Act. 

SEC. 1042. DEPARTMENT OF DEFENSE REPORTS TO CONGRESS TO 

BE ACCOMPANIED BY ELECTRONIC VERSION UPON 

REQUEST. 

(a) IN GENERAL.—Chapter 23 of title 10, United States Code, 

is amended by inserting after the table of sections the following 

new section: 

‘‘§ 480. Reports to Congress: submission in electronic form 

‘‘(a) REQUIREMENT.—Whenever the Secretary of Defense or any 

other official of the Department of Defense submits to Congress 

(or any committee of either House of Congress) a report that the 

Secretary (or other official) is required by law to submit, the Secretary (or other official) shall, upon request by any committee 

of Congress to which the report is submitted or referred, provide 

to Congress (or each such committee) a copy of the report in an 

electronic medium. ‘‘(b) EXCEPTION.—Subsection (a) does not apply to a report 

submitted in classified form. ‘‘(c) DEFINITION.—In this section, the term ‘report’ includes 

any certification, notification, or other communication in writing.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting before the item 

relating to section 481 the following new item: 

‘‘480. Reports to Congress: submission in electronic form.’’. 

SEC. 1043. DEPARTMENT OF DEFENSE GIFT AUTHORITIES. 

(a) AUTHORITY TO MAKE LOANS AND GIFTS.—(1) Subsection 

(a) of section 7545 of title 10, United States Code, is amended 

by striking ‘‘(a) Subject to’’ and all that follows through ‘‘to—’’ 

and inserting the following: ‘‘(a) AUTHORITY TO MAKE LOANS AND GIFTS.—The Secretary 

of the Navy may lend or give, without expense to the United 

States, items described in subsection (b) that are not needed by 

the Department of the Navy to any of the following:’’. (2) Such subsection is further amended— (A) by capitalizing the first letter after the paragraph designation in each of paragraphs (1) through (12); 

(B) by striking the semicolon at the end of paragraphs 

(1) through (10) and inserting a period; 

(C) by striking ‘‘; or’’ at the end of paragraph (11) and 

inserting a period; 

(D) in paragraph (5), by striking ‘‘World War I or World 

War II’’ and inserting ‘‘a foreign war’’; 

(E) in paragraph (6), by striking ‘‘soldiers’ monument’’ and 

inserting ‘‘servicemen’s monument’’; and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1219
 

(F) in paragraph (8), by inserting ‘‘or memorial’’ after
 ‘‘museum’’.
 (b) ADDITIONAL ITEMS AUTHORIZED TO BE DONATED BY SECRETARY OF THE NAVY.—Such section is further amended— (1) by redesignating subsections (b) and (c) as subsections 

(d) and (e), respectively; 

(2) by inserting after subsection (a) the following new subsections:
 

‘‘(b) ITEMS ELIGIBLE FOR DISPOSAL.—This section applies to
 

the following types of property held by the Department of the 

Navy: ‘‘(1) Captured, condemned, or obsolete ordnance material. 

‘‘(2) Captured, condemned, or obsolete combat or shipboard 

material. 

‘‘(c) REGULATIONS.—A loan or gift made under this section 

shall be subject to regulations prescribed by the Secretary and 

to regulations under section 205 of the Federal Property and 

Administrative Services Act of 1949 (40 U.S.C. 486).’’; and 

(3) by adding at the end the following new subsection: ‘‘(f) AUTHORITY TO TRANSFER A PORTION OF A VESSEL.—The 

Secretary may lend, give, or otherwise transfer any portion of 

the hull or superstructure of a vessel stricken from the Naval 

Vessel Register and designated for scrapping to a qualified organization specified in subsection (a). The terms and conditions of an 

agreement for the transfer of a portion of a vessel under this 

section shall include a requirement that the transferee will maintain 

the material conveyed in a condition that will not diminish the 

historical value of the material or bring discredit upon the Navy.’’. 

(c) CLERICAL AMENDMENTS.—Such section is further amended— 

(1) in subsection (d) (as redesignated by subsection (b)(1)),
 

by inserting ‘‘MAINTENANCE OF THE RECORDS OF THE GOVERNMENT.—’’ after the subsection designation; and
 

(2) in subsection (e) (as redesignated by subsection (b)(1)),
 

by inserting ‘‘ALTERNATIVE AUTHORITIES TO MAKE GIFTS OR
 

LOANS.—’’ after the subsection designation.
 

(d) CONFORMING AMENDMENTS.—Section 2572(a) of such title 

is amended— 

(1) in paragraph (1), by inserting ‘‘, county, or other political
 

subdivision of a State’’ before the period at the end;
 

(2) in paragraph (2), by striking ‘‘soldiers’ monument’’ and
 

inserting ‘‘servicemen’s monument’’; and
 

(3) in paragraph (4), by inserting ‘‘or memorial’’ after ‘‘An
 

incorporated museum’’.
 

SEC. 1044. ACCELERATION OF RESEARCH, DEVELOPMENT, AND PRODUCTION OF MEDICAL COUNTERMEASURES FOR DEFENSE AGAINST BIOLOGICAL WARFARE AGENTS. 

(a) AGGRESSIVE PROGRAM REQUIRED.—(1) The Secretary of 10 USC 2370a 

Defense shall carry out a program to aggressively accelerate the note. 

research, development, testing, and licensure of new medical 

countermeasures for defense against the biological warfare agents 

that are the highest threat. 

(2) The program shall include the following activities: 

(A) As the program’s first priority, investment in multiple Anthrax. 

new technologies for medical countermeasures for defense 

against the biological warfare agents that are the highest 

threat, including for the prevention and treatment of anthrax. 

115 STAT. 1220 PUBLIC LAW 107–107—DEC. 28, 2001
 

Contracts. 

Deadline. 

(B) Leveraging of ideas and technologies from the biological 

technology industry. 

(b) STUDY REQUIRED.—(1) The Secretary of Defense shall enter 

into a contract with the Institute of Medicine and the National 

Research Council under which the Institute and Council, in consultation with the Secretary, shall carry out a study of the review 

and approval process for new medical countermeasures for biological 

warfare agents. The purpose of the study shall be to identify— (A) new approaches to accelerating such process; and 

(B) definitive and reasonable methods for assuring the 

agencies responsible for regulating such countermeasures that 

such countermeasures will be effective in preventing disease 

in humans or in providing safe and effective therapy against 

such agents. 

(2) Not later than June 1, 2002, the Institute and Council 

shall jointly submit to Congress a report on the results of the 

study. 

(c) FACILITY FOR PRODUCTION OF VACCINES.—(1) Subject to 

paragraph (2) and to the availability of funds for such purposes 

appropriated pursuant to an authorization of appropriations, the 

Secretary of Defense may— 

(A) design and construct a facility on a Department of 

Defense installation for the production of vaccines to meet 

the requirements of the Department of Defense to prevent 

or mitigate the physiological effects of exposure to biological 

warfare agents; 

(B) operate that facility; 

(C) qualify and validate that facility for the production 

of vaccines in accordance with the requirements of the Food 

and Drug Administration; and 

(D) contract with a private-sector source for the production 

of vaccines in that facility. 

(2) The authority under paragraph (1)(A) to construct a facility 

may be exercised only to the extent that a project for such construction is authorized by law in accordance with section 2802 of title 

10, United States Code. 

(3) The Secretary shall use competitive procedures under 

chapter 137 of title 10, United States Code, to enter into contracts 

to carry out subparagraphs (A), (B), and (D) of paragraph (1). 

(d) PLAN REQUIRED.—(1) The Secretary shall develop a longrange plan to provide for the production and acquisition of vaccines 

to meet the requirements of the Department of Defense to prevent 

or mitigate the physiological effects of exposure to biological warfare 

agents. 

(2) The plan shall include the following: 

(A) An evaluation of the need for one or more vaccine 

production facilities that are specifically dedicated to meeting 

the requirements of the Department of Defense and other 

national interests. 

(B) An evaluation of the options for the means of production 

of such vaccines, including— 

(i) use of public facilities, private facilities, or a combination of public and private facilities; and 

(ii) management and operation of the facilities by the 

Federal Government, one or more private persons, or a 

combination of the Federal Government and one or more 

private persons. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1221
 

(C) A specification of the means that the Secretary determines is most appropriate for the production of such vaccines.
 

(3) The Secretary shall ensure that the plan is consistent with 

the requirement for safe and effective vaccines approved by the 

Food and Drug Administration. 

(4) In preparing the plan, the Secretary shall— 

(A) consider and, as the Secretary determines appropriate,
 

include the information compiled and the analyses developed
 

in preparing the reports required by sections 217 and 218
 

of the Floyd D. Spence National Defense Authorization Act
 

for Fiscal Year 2001 (as enacted into law by Public Law 106–
 

398; 114 Stat. 1654A–36, 1654A–37); and
 

(B) consult with the heads of other appropriate departments
 

and agencies of the Federal Government.
 

(e) REPORT.—Not later than February 1, 2002, the Secretary Deadline. 

shall submit to the congressional defense committees a report on 

the plan required by subsection (d). The report shall include, at 

a minimum, the contents of the plan and the following matters: 

(1) A description of the policies and requirements of the
 

Department of Defense regarding acquisition and use of such
 

vaccines.
 

(2) The estimated schedule for the acquisition of such vaccines in accordance with the plan.
 

(3) A discussion of the options considered under subsection
 

(d)(2)(B) for the means of production of such vaccines.
 

(4) The Secretary’s recommendations for the most appropriate course of action to meet the requirements specified in
 

subsection (d)(1), together with the justification for such recommendations and the long-term cost of implementing such
 

recommendations.
 

(f) FUNDING.—Of the amount authorized to be appropriated 

under section 201(4) for research, development, test, and evaluation, 

Defense-wide, $5,000,000 may be available in Program Element 

62384BP, and $5,000,000 may be available in Program Element 

63384BP, for the program required by subsection (a). 

SEC. 1045. CHEMICAL AND BIOLOGICAL PROTECTIVE EQUIPMENT 

FOR MILITARY PERSONNEL AND CIVILIAN EMPLOYEES 

OF THE DEPARTMENT OF DEFENSE. 

Not later than 120 days after the date of the enactment of Deadline. 

this Act, the Secretary of Defense shall submit to Congress a 

report on the requirements of the Department of Defense, including 

the reserve components, regarding chemical and biological protective equipment. The report shall set forth the following: 

(1) A description of any current shortfalls with respect
 

to requirements regarding chemical and biological protective
 

equipment for military personnel, whether for individuals or
 

units.
 

(2) An assessment of what should be the appropriate level
 

of protection for civilian employees of the Department of
 

Defense against chemical and biological attack.
 

(3) A plan for providing required chemical and biological
 

protective equipment for military personnel and civilian
 

employees of the Department of Defense.
 

(4) An assessment of the costs associated with carrying
 

out the plan described in paragraph (3).
 

115 STAT. 1222 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 503 note. 

SEC. 1046. SALE OF GOODS AND SERVICES BY NAVAL MAGAZINE, 

INDIAN ISLAND, ALASKA. 

(a) SALE AUTHORIZED.—Subject to subsections (c) and (d) of 

section 2563 of title 10, United States Code, the Secretary of the 

Navy may sell to a person outside the Department of Defense 

any article or service provided by the Naval Magazine, Indian 

Island, Alaska, that is not available from a United States commercial source. 

(b) CREDITING OF PROCEEDS.—The proceeds from the sale of 

any article or service under this section shall be credited to the 

appropriation supporting the maintenance and operation of the 

Naval Magazine, Indian Island, for the fiscal year in which the 

proceeds are received. 

SEC. 1047. REPORT ON PROCEDURES AND GUIDELINES FOR EMBARKATION OF CIVILIAN GUESTS ON NAVAL VESSELS FOR 

PUBLIC AFFAIRS PURPOSES. 

Not later than February 1, 2002, the Secretary of the Navy 

shall submit to the Committee on Armed Services of the Senate 

and the Committee on Armed Services of the House of Representatives a report setting forth in detail the procedures and guidelines 

of the Navy for the embarkation of civilian guests on naval vessels 

for public affairs purposes. The report shall include the following: 

(1) Procedures for nominating and approving civilian guests 

for embarkation on naval vessels. 

(2) Procedures for ensuring that civilian guest embarkations are conducted only as part of regularly scheduled operations. 

(3) Guidelines regarding the operation of equipment by 

civilian guests on naval vessels. 

(4) Any other procedures or guidelines the Secretary considers necessary or appropriate to ensure that operational readiness and safety are not hindered by activities related to the 

embarkation of civilian guests on naval vessels. 

SEC. 1048. TECHNICAL AND CLERICAL AMENDMENTS. 

(a) TITLE 10, UNITED STATES CODE.—Title 10, United States 

Code, is amended as follows: 

(1) The tables of chapters at the beginning of subtitle 

A, and at the beginning of part II of subtitle A, are each 

amended by striking the period after ‘‘1111’’ in the item relating 

to chapter 56. 

(2) Section 119(g)(2) is amended by striking ‘‘National Security Subcommittee’’ and inserting ‘‘Subcommittee on Defense’’. 

(3) Section 130c(b)(3)(C) is amended by striking ‘‘subsection 

(f)’’ and inserting ‘‘subsection (g)’’. 

(4) Section 176(a)(3) is amended by striking ‘‘Chief Medical 

Director’’ and inserting ‘‘Under Secretary for Health’’. 

(5)(A) Section 503(c) is amended in paragraph (6)(A)(i) by 

striking ‘‘14101(18)’’ and ‘‘8801(18)’’ and inserting ‘‘14101’’ and 

‘‘8801’’, respectively. 

(B) The amendment made by subparagraph (A) shall take 

effect on July 1, 2002, immediately after the amendment to 

such section effective that date by section 563(a) of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 

2001 (as enacted into law by Public Law 106–398; 114 Stat. 

1654A–131). 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1223
 

(6) Section 663(e) is amended— 

(A) by striking ‘‘Armed Forces Staff College’’ in paragraph (1) and inserting ‘‘Joint Forces Staff College’’; and 

(B) by striking ‘‘ARMED FORCES STAFF COLLEGE’’ and 

inserting ‘‘JOINT FORCES STAFF COLLEGE’’. 

(7) Section 667(17) is amended by striking ‘‘Armed Forces 

Staff College’’ both places it appears and inserting ‘‘Joint Forces 

Staff College’’. 

(8) Section 874(a) is amended by inserting after ‘‘a sentence 

of confinement for life without eligibility for parole’’ the following: ‘‘that is adjudged for an offense committed after October 

29, 2000’’. 

(9) Section 1056(c)(2) is amended by striking ‘‘, not later 

than September 30, 1991,’’. 

(10) The table of sections at the beginning of chapter 55 

is amended by transferring the item relating to section 1074i, 

as inserted by section 758(b) of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted 

by Public Law 106–398; 114 Stat. 1654A–200), so as to appear 

after the item relating to section 1074h. 

(11) Section 1097a(e) is amended by striking ‘‘section 1072’’ 

and inserting ‘‘section 1072(2)’’. 

(12) Sections 1111(a) and 1114(a)(1) are each amended 

by striking ‘‘hereafter’’ and inserting ‘‘hereinafter’’. 

(13) Section 1116 is amended— 

(A) in subsection (a)(2)(B), by inserting an open parenthesis before ‘‘other than for training’’; and 

(B) in subsection (b)(2)(D), by striking ‘‘section 

111(c)(4)’’ and inserting ‘‘section 1115(c)(4)’’. 

(14) The heading for subchapter II of chapter 75 is transferred within that chapter so as to appear before the table 

of sections at the beginning of that subchapter (as if the amendment made by section 721(c)(1) of the National Defense 

Authorization Act for Fiscal Year 2000 (Public Law 106–65; 

113 Stat. 694) had inserted that heading following section 

1471 instead of before section 1475). 

(15) Section 1611(d) is amended by striking ‘‘with’’. 

(16) Section 2166(e)(9) is amended by striking ‘‘App. 2’’ 

and inserting ‘‘App.’’. 

(17) Section 2323(a)(1)(C) is amended— 

(A) by striking ‘‘section 1046(3)’’ and inserting ‘‘section 

365(3)’’; 

(B) by striking ‘‘20 U.S.C. 1135d–5(3)’’ and inserting 

‘‘20 U.S.C. 1067k’’; and 

(C) by striking ‘‘, which, for the purposes of this section’’ 

and all that follows through the period at the end and 

inserting a period. 

(18) Section 2375(b) is amended by inserting ‘‘(41 U.S.C. 

430)’’ after ‘‘section 34 of the Office of Federal Procurement 

Policy Act’’. 

(19) Section 2376(1) is amended by inserting ‘‘(41 U.S.C. 

403)’’ after ‘‘section 4 of the Office of Federal Procurement 

Policy Act’’. 

(20) Section 2410f(a) is amended by inserting after ‘‘inscription’’ the following: ‘‘, or another inscription with the same 

meaning,’’. 

115 STAT. 1224
 PUBLIC LAW 107–107—DEC. 28, 2001 

(21) Section 2461a(a)(2) is amended by striking ‘‘effeciency’’ 

and inserting ‘‘efficiency’’. 

(22) Section 2467 is amended— 

(A) in subsection (a)(2)— 

(i) by striking ‘‘, United States Code’’ in subparagraph (A); and 

(ii) by striking ‘‘such’’ in subparagraphs (B) and 

(C); and 

(B) in subsection (b)(2)(A), by striking ‘‘United States 

Code,’’. 

(23) Section 2535 is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘intent of Congress’’ and inserting 

‘‘intent of Congress—’’; 

(ii) by realigning clauses (1), (2), (3), and (4) so 

that each such clause appears as a separate paragraph 

indented two ems from the left margin; and 

(iii) in paragraph (1), as so realigned, by striking 

‘‘Armed Forces’’ and inserting ‘‘armed forces’’; 

(B) in subsection (b)(1)— 

(i) by striking ‘‘in this section, the Secretary is 

authorized and directed to—’’ and inserting ‘‘in subsection (a), the Secretary of Defense shall—’’; and 

(ii) by striking ‘‘defense industrial reserve’’ in 

subparagraph (A) and inserting ‘‘Defense Industrial 

Reserve’’; and 

(C) in subsection (c)— 

(i) by striking paragraph (1); 

(ii) by redesignating paragraph (2) as paragraph 

(1) and in that paragraph— 

(I) by striking ‘‘means’’ and inserting 

‘‘means—’’; 

(II) by realigning clauses (A), (B), and (C) so 

that each such clause appears as a separate 

subparagraph indented four ems from the left 

margin; and 

(III) by inserting ‘‘and’’ at the end of subparagraph (B), as so realigned; and 

(iii) by redesignating paragraph (3) as paragraph 

(2). 

(24) Section 2541c is amended by striking ‘‘subtitle’’ both 

places it appears in the matter preceding paragraph (1) and 

inserting ‘‘subchapter’’. 

(25) The second section 2582, added by section 1(a) of 

Public Law 106–446 (114 Stat. 1932), is redesignated as section 

2583, and the item relating to that section in the table of 

sections at the beginning of chapter 153 is revised to conform 

to such redesignation. 

(26)(A) Section 2693(a) is amended— 

(i) in the matter preceding paragraph (1), by inserting 

‘‘of Defense’’ after ‘‘Secretary’’; and 

(ii) in paragraph (3)— 

(I) by inserting ‘‘to the Secretary of Defense’’ after 

‘‘certifies’’; 

(II) by inserting ‘‘(42 U.S.C. 3762a)’’ after ‘‘of 1968’’; 

and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1225
 

(III) by striking ‘‘to the public agencies referred 

to in section 515(a)(1) or 515(a)(3) of title I of such 

Act’’ and inserting ‘‘to a public agency referred to in 

paragraph (1) or (3) of subsection (a) of such section’’. 

(B)(i) The heading of such section is amended to read 

as follows: 

‘‘§ 2693. Conveyance of certain property: Department of Justice correctional options program’’. 

(ii) The item relating to such section in the table of sections 

at the beginning of chapter 159 is amended to read as follows: 

‘‘2693. Conveyance of certain property: Department of Justice correctional options 

program.’’. 

(27) Section 3014(f)(3) is amended by striking ‘‘the number 

equal to’’ and all that follows and inserting ‘‘67.’’. 

(28) Section 5014(f)(3) is amended by striking ‘‘the number 

equal to’’ and all that follows and inserting ‘‘74.’’. 

(29) Section 8014(f)(3) is amended by striking ‘‘the number 

equal to’’ and all that follows and inserting ‘‘60.’’. 

(30) Section 9783(e)(1) is amended by striking ‘‘40101(a)(2)’’ 

and inserting ‘‘40102(a)(2)’’. 

(31) Section 12741(a)(2) is amended by striking ‘‘received’’ 

and inserting ‘‘receive’’. 

(b) AMENDMENTS RELATING TO CHANGE IN TITLE OF UNDER 

SECRETARY OF DEFENSE FOR ACQUISITION, TECHNOLOGY, AND LOGISTICS.—Title 10, United States Code, is further amended as follows: 

(1) Section 133a(b) is amended by striking ‘‘shall assist 

the Under Secretary of Defense for Acquisition and Technology’’ 

and inserting ‘‘shall assist the Under Secretary of Defense 

for Acquisition, Technology, and Logistics’’. 

(2) The following provisions are each amended by striking 

‘‘Under Secretary of Defense for Acquisition and Technology’’ 

and inserting ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’: sections 139(c), 139(g) (as redesignated 

by section 263), 171(a)(3), 179(a)(1), 1702, 1703, 1707(a), 

1722(a), 1722(b)(2)(B), 1735(c)(1), 1737(c)(1), 1737(c)(2)(B), 

1741(b), 1746(a), 1761(b)(4), 1763, 2302c(a)(2), 2304(f)(1)(B)(iii), 

2304(f)(6)(B), 2311(c)(1), 2311(c)(2)(B), 2350a(e)(1)(A), 

2350a(e)(2)(B), 2350a(f)(1), 2399(b)(3), 2435(b), 2435(d)(2), 

2521(a), and 2534(i)(3). 

(3)(A) The heading for section 1702 is amended to read 

as follows: 

‘‘§ 1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities’’. 

(B) The item relating to section 1702 in the table of sections 

at the beginning of subchapter I of chapter 87 is amended 

to read as follows: 

‘‘1702. Under Secretary of Defense for Acquisition, Technology, and Logistics: authorities and responsibilities.’’. 

(4) Section 2503(b) is amended by striking ‘‘Under Secretary 

of Defense for Acquisition’’ and inserting ‘‘Under Secretary of 

Defense for Acquisition, Technology, and Logistics’’. 

115 STAT. 1226 PUBLIC LAW 107–107—DEC. 28, 2001 

(c) AMENDMENTS TO SUBSTITUTE CALENDAR DATES FOR DATE­ OF-ENACTMENT REFERENCES.—Title 10, United States Code, is further amended as follows: 

(1) Section 130c(d)(1) is amended by striking ‘‘the date 

of the enactment of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001’’ and inserting ‘‘October 

30, 2000,’’. 

(2) Section 184(a) is amended by striking ‘‘the date of 

the enactment of this section,’’ and inserting ‘‘October 30, 

2000,’’. 

(3) Section 986(a) is amended by striking ‘‘the date of 

the enactment of this section,’’ and inserting ‘‘October 30, 

2000,’’. 

(4) Section 1074g(a)(8) is amended by striking ‘‘the date 

of the enactment of this section’’ and inserting ‘‘October 5, 

1999,’’. 

(5) Section 1079(h)(2) is amended by striking ‘‘the date 

of the enactment of this paragraph’’ and inserting ‘‘February 

10, 1996,’’. 

(6) Section 1206(5) is amended by striking ‘‘the date of 

the enactment of the National Defense Authorization Act for 

Fiscal Year 2000,’’ and inserting ‘‘October 5, 1999,’’. 

(7) Section 1405(c)(1) is amended by striking ‘‘the date 

of the enactment of the National Defense Authorization Act 

for Fiscal Year 1995,’’ and inserting ‘‘October 5, 1994,’’. 

(8) Section 1407(f)(2) is amended by striking ‘‘the date 

of the enactment of this subsection—’’ and inserting ‘‘October 

30, 2000—’’. 

(9) Section 1408(d)(6) is amended by striking ‘‘the date 

of the enactment of this paragraph’’ and inserting ‘‘August 

22, 1996,’’. 

(10) Section 1511(b) is amended by striking ‘‘the date of 

the enactment of this chapter.’’ and inserting ‘‘February 10, 

1996.’’. 

(11) Section 2461a(b)(1) is amended by striking ‘‘the date 

of the enactment of this section,’’ and inserting ‘‘October 30, 

2000,’’. 

(12) Section 4021(c)(1) is amended by striking ‘‘the date 

of the enactment of this section.’’ and inserting ‘‘November 

29, 1989.’’. 

(13) Section 6328(a) is amended by striking ‘‘the date of 

the enactment of this section’’ and inserting ‘‘February 10, 

1996,’’. 

(14) Section 7439 is amended— 

(A) in subsection (a)(2), by striking ‘‘one year after 

the date of the enactment of this section,’’ and inserting 

‘‘November 18, 1998,’’; 

(B) in subsection (b)(1), by striking ‘‘the date of the 

enactment of this section,’’ and inserting ‘‘November 18, 

1997,’’; 

(C) in subsection (b)(2), by striking ‘‘the end of the 

one-year period beginning on the date of the enactment 

of this section.’’ and inserting ‘‘November 18, 1998.’’; and 

(D) in subsection (f)(2), by striking ‘‘the date of the 

enactment of this section’’ and inserting ‘‘November 18, 

1997,’’. 

(15) Section 12533 is amended— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1227
 

(A) in each of subsections (b) and (c)(1), by striking ‘‘the date of the enactment of this section.’’ and inserting ‘‘November 18, 1997.’’; and 

(B) in each of subsections (c)(2) and (d), by striking 

‘‘the date of the enactment of this section’’ and inserting 

‘‘November 18, 1997,’’. 

(16) Section 12733(3) is amended— 

(A) in subparagraph (B), by striking ‘‘the date of the 

enactment of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001;’’ and inserting 

‘‘October 30, 2000;’’; and 

(B) in subparagraph (C), by striking ‘‘the date of the 

enactment of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001’’ and inserting 

‘‘October 30, 2000,’’. 

(d) AMENDMENTS RELATING TO CHANGE IN TITLE OF MCKINNEY­ VENTO HOMELESS ASSISTANCE ACT.—The following provisions are 

each amended by striking ‘‘Stewart B. McKinney Homeless Assistance Act’’ and inserting ‘‘McKinney-Vento Homeless Assistance Act’’: 

(1) Sections 2814(j)(2), 2854a(d)(2), and 2878(d)(4) of title 

10, United States Code. 

(2) Sections 2905(b)(6)(A) and 2910(11) of the Defense Base 

Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note). 

(3) Section 204(b)(6)(A) of the Defense Authorization 

Amendments and Base Closure and Realignment Act (Public 

Law 100–526; 10 U.S.C. 2687 note). 

(4) Section 2915(c)(10) of the National Defense Authorization Act for Fiscal Year 1994 (10 U.S.C. 2687 note). 

(5) Section 2(e)(4)(A) of the Base Closure Community 

Redevelopment and Homeless Assistance Act of 1994 (Public 

Law 103–421; 10 U.S.C. 2687 note). 

(6) Section 1053(a) of the National Defense Authorization 

Act for Fiscal Year 1997 (110 Stat. 2650). 

(e) AMENDMENTS TO REPEAL OBSOLETE PROVISIONS.—Title 10, 

United States Code, is further amended as follows: 

(1) Section 1144 is amended— 

(A) in subsection (a)(3), by striking the second sentence; 

and 

(B) by striking subsection (e). 

(2) Section 1581(b) is amended— 

(A) by striking ‘‘(1)’’ and all that follows through ‘‘The 

Secretary of Defense shall deposit’’ and inserting ‘‘The Secretary of Defense shall deposit’’; and 

(B) by striking ‘‘on or after December 5, 1991,’’. 

(3) Subsection (e) of section 1722 is repealed. 

(4) Subsection 1732(a) is amended by striking the second 

sentence. 

(5) Section 1734 is amended— 

(A) in subsection (b)(1)(B), by striking ‘‘on and after 

October 1, 1991,’’; and 

(B) in subsection (e)(2), by striking the last sentence. 

(6)(A) Section 1736 is repealed. 

(B) The table of sections at the beginning of subchapter 

III of chapter 87 is amended by striking the item relating 

to section 1736. 

(7)(A) Sections 1762 and 1764 are repealed. 

115 STAT. 1228 PUBLIC LAW 107–107—DEC. 28, 2001
 

(B) The table of sections at the beginning of subchapter 

V of chapter 87 is amended by striking the items relating 

to sections 1762 and 1764. 

(8) Section 2112(a) is amended by striking ‘‘, with the 

first class graduating not later than September 21, 1982’’. 

(9) Section 2218(d)(1) is amended by striking ‘‘for fiscal 

years after fiscal year 1993’’. 

(10)(A) Section 2468 is repealed. 

(B) The table of sections at the beginning of chapter 146 

is amended by striking the item relating to section 2468. 

(11) Section 2832 is amended— 

(A) by striking ‘‘(a)’’ before ‘‘The Secretary of Defense’’; 

and 

(B) by striking subsection (b). 

(12) Section 7430(b)(2) is amended— 

(A) by striking ‘‘at a price less than’’ and all that 

follows through ‘‘the current sales price’’ and inserting ‘‘at 

a price less than the current sales price’’; 

(B) by striking ‘‘; or’’ and inserting a period; and 

(C) by striking subparagraph (B). 

(f) PUBLIC LAW 106–398.—Effective as of October 30, 2000, 

and as if included therein as enacted, the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted into 

5 USC 8464 note. law by Public Law 106–398) is amended as follows: 

10 USC 10218 (1) Section 525(b)(1) (114 Stat. 1654A–109) is amended 

note. by striking ‘‘subsection (c)’’ and inserting ‘‘subsections (a) and 

(b)’’. 

5 USC 8464. (2) Section 1152(c)(2) (114 Stat. 1654A–323) is amended 

by inserting ‘‘inserting’’ after ‘‘and’’. 

(g) PUBLIC LAW 106–65.—Effective as of October 5, 1999, and 

as if included therein as enacted, the National Defense Authoriza10 USC 819 note. tion Act for Fiscal Year 2000 (Public Law 106–65) is amended 

as follows: 

10 USC 6954.	 (1) Section 531(b)(2)(A) (113 Stat. 602) is amended by 

inserting ‘‘in subsection (a),’’ after ‘‘(A)’’. 

(2) Section 549(a)(2) (113 Stat. 611) is amended by striking 

‘‘such chapter’’ and inserting ‘‘chapter 49 of title 10, United 

States Code,’’. 

(3) Section 576(a)(3) (10 U.S.C. 1501 note; 113 Stat. 625) 

is amended by adding a period at the end. 

10 USC 819.	 (4) Section 577(a)(2) (113 Stat. 625) is amended by striking 

‘‘bad conduct’’ in the first quoted matter and inserting ‘‘badconduct’’. 

(5) Section 811(d)(3)(B)(v) (10 U.S.C. 2302 note; 113 Stat. 

709) is amended by striking ‘‘Mentor-Protegee’’ and inserting 

‘‘Mentor-Protege’’. 

10 USC 113 note.	 (6) Section 1052(b)(1) (113 Stat. 764) is amended by striking 

‘‘ ‘The Department’’ and inserting ‘‘the ‘Department’’. 

(7) Section 1053(a)(5) (10 U.S.C. 113 note; 113 Stat. 764) 

is amended by inserting ‘‘and’’ before ‘‘Marines’’. 

(8) Section 1402(f)(2)(A) (22 U.S.C. 2778 note; 113 Stat. 

799) is amended by striking ‘‘3201 note’’ and inserting ‘‘6305(4)’’. 

(9) Section 2902(d) (10 U.S.C. 111 note; 113 Stat. 882) 

is amended by striking ‘‘section 2871(b)’’ and inserting ‘‘section 

2881(b)’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1229
 

(h) PUBLIC LAW 102–484.—The National Defense Authorization 

Act for Fiscal Year 1993 (Public Law 102–484) is amended as 

follows: 

(1) Section 3161(c)(6)(C) (42 U.S.C. 7274h(c)(6)(C)) is 

amended by striking ‘‘title IX of the Public Works and Economic 

Development Act of 1965 (42 U.S.C. 3241 et seq.)’’ and inserting 

‘‘title II of the Public Works and Economic Development Act 

of 1965 (42 U.S.C. 3141 et seq.)’’. 

(2) Section 4416(b)(1) (10 U.S.C. 12681 note) is amended 

by striking ‘‘force reduction period’’ and inserting ‘‘force reduction transition period’’. 

(3) Section 4461(5) (10 U.S.C. 1143 note) is amended by 

adding a period at the end. 

(i) OTHER LAWS.— 

(1) Section 1083(c) of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85; 10 U.S.C. 113 

note) is amended by striking ‘‘NAMES’’ and inserting ‘‘NAME’’. 

(2) Section 845(d)(1)(B)(ii) of the National Defense 

Authorization Act for Fiscal Year 1994 (Public Law 103–160; 

10 U.S.C. 2371 note) is amended by inserting a closing parenthesis after ‘‘41 U.S.C. 414(3))’’. 

(3) Section 1123(b) of the National Defense Authorization 

Act for Fiscal Years 1990 and 1991 (Public Law 101–189; 103 

Stat. 1556) is amended by striking ‘‘Armed Forces Staff College’’ 

each place it appears and inserting ‘‘Joint Forces Staff College’’. 

(4) Section 1412(g)(2)(C)(vii) of the Department of Defense 

Authorization Act, 1986 (50 U.S.C. 1521(g)(2)(C)(vii)) is 

amended by striking ‘‘(c)(3)’’ and inserting ‘‘(c)(4)’’. 

(5) Section 8336 of title 5, United States Code, is 

amended— 

(A) in subsection (d)(2), by striking ‘‘subsection (o)’’ 

and inserting ‘‘subsection (p)’’; and 

(B) by redesignating the second subsection (o), added 

by section 1152(a)(2) of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted 

by Public Law 106–398; 114 Stat. 1654A–320), as subsection (p). 

(6) Section 9001(3) of title 5, United States Code, is 

amended by striking ‘‘and’’ at the end of subparagraph (A) 

and inserting ‘‘or’’. 

(7) Section 318(h)(3) of title 37, United States Code, is 

amended by striking ‘‘subsection (a)’’ and inserting ‘‘subsection 

(b)’’. 

(8) Section 3695(a)(5) of title 38, United States Code, is 

amended by striking ‘‘1610’’ and inserting ‘‘1611’’. 

(9) Section 13(b) of the Peace Corps Act (22 U.S.C. 2512(b)) 

is amended by striking ‘‘, subject to section 5532 of title 5, 

United States Code’’. 

(10) Section 127(g)(6) of the Trade Deficit Review Commission Act (19 U.S.C. 2213 note), as amended by section 311(b) 

of the Legislative Branch Appropriations Act, 2000 (Public Law 

106–57; 113 Stat. 428), is amended— 

(A) by striking ‘‘AUTHORITIES.—’’ and all that follows 

through ‘‘An individual’’ and inserting ‘‘AUTHORITIES.—An 

individual’’; and 

(B) by striking subparagraph (B). 

115 STAT. 1230 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 101 note. 

(11) Section 28 of the Atomic Energy Act of 1954 (42 

U.S.C. 2038) is amended in the last sentence by striking ‘‘, subject to’’ and all that follows through the period at the 

end and inserting a period. 

(12) Section 3212 of the National Nuclear Security Administration Act (50 U.S.C. 2402) is amended by redesignating the 

second subsection (e), added by section 3159(a) of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 

2001 (as enacted by Public Law 106–398; 114 Stat. 1654A– 

469), as subsection (f). 

(j) COORDINATION WITH OTHER AMENDMENTS.—For purposes 

of applying amendments made by provisions of this Act other than 

provisions of this section, this section shall be treated as having 

been enacted immediately before the other provisions of this Act. 

SEC. 1049. TERMINATION OF REFERENDUM REQUIREMENT 

REGARDING CONTINUATION OF MILITARY TRAINING ON 

ISLAND OF VIEQUES, PUERTO RICO, AND IMPOSITION OF 

ADDITIONAL CONDITIONS ON CLOSURE OF TRAINING 

RANGE. 

(a) IN GENERAL.—Title XV of the Floyd D. Spence National 

Defense Authorization Act for Fiscal Year 2001 (as enacted into 

law by Public Law 106–398; 114 Stat. 1654A–348) is amended 

by striking sections 1503, 1504, and 1505 and inserting the following 

new sections: 

‘‘SEC. 1503. CONDITIONS ON CLOSURE OF VIEQUES NAVAL TRAINING 

RANGE. 

‘‘(a) CONDITIONAL AUTHORITY TO CLOSE.—The Secretary of the 

Navy may close the Vieques Naval Training Range on the island 

of Vieques, Puerto Rico, and discontinue training at that range 

only if the Secretary certifies to the President and Congress that 

both of the following conditions are satisfied: 

‘‘(1) One or more alternative training facilities exist that, 

individually or collectively, provide an equivalent or superior 

level of training for units of the Navy and the Marine Corps 

stationed or deployed in the eastern United States. 

‘‘(2) The alternative facility or facilities are available and 

fully capable of supporting such Navy and Marine Corps 

training immediately upon cessation of training on Vieques. 

‘‘(b) CONSULTATION REQUIRED.—In determining whether the 

conditions specified in paragraphs (1) and (2) of subsection (a) 

are satisfied, the Secretary of the Navy shall take into account 

the written views and recommendations of the Chief of Naval 

Operations and the Commandant of the Marine Corps. The Secretary shall submit these written views and recommendations to 

Congress with the certification submitted under subsection (a). 

‘‘SEC. 1504. CLOSURE OF VIEQUES NAVAL TRAINING RANGE AND DISPOSAL OF CLOSED RANGE. 

‘‘(a) TERMINATION OF TRAINING AND RELATED CLOSURES.—If 

the conditions specified in section 1503(a) are satisfied and the 

Secretary of the Navy makes a determination to close the Vieques 

Naval Training Range and discontinue live-fire training at that 

range the Secretary of the Navy shall— 

‘‘(1) terminate all Navy and Marine Corps training operations on the island of Vieques; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1231
 

‘‘(2) terminate all Navy and Marine Corps operations at 

Naval Station Roosevelt Roads, Puerto Rico, that are related 

exclusively to the use of the training range on the island 

of Vieques by the Navy and the Marine Corps; and 

‘‘(3) close the Navy installations and facilities on the island 

of Vieques, other than properties exempt from conveyance and 

transfer under section 1506. 

‘‘(b) TRANSFER TO SECRETARY OF THE INTERIOR.—Upon termination of Navy and Marine Corps training operations on the island 

of Vieques, the Secretary of the Navy shall transfer, without 

reimbursement, to the administrative jurisdiction of the Secretary 

of the Interior— ‘‘(1) the Live Impact Area on the island of Vieques; 

‘‘(2) all Department of Defense real properties on the 

eastern side of the island that are identified as conservation 

zones; and ‘‘(3) all other Department of Defense real properties on 

the eastern side of the island. 

‘‘(c) ADMINISTRATION BY SECRETARY OF THE INTERIOR.— 

‘‘(1) RETENTION AND ADMINISTRATION.—The Secretary of 

the Interior shall retain, and may not dispose of any of, the 

properties transferred under paragraphs (2) and (3) of subsection (b) and shall administer such properties as wildlife 

refuges under the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.) pending the enactment of a law that addresses the disposition of such properties. 

‘‘(2) LIVE IMPACT AREA.—The Secretary of the Interior shall 

assume responsibility for the administration of the Live Impact 

Area upon transfer under paragraph (1) of subsection (b), 

administer that area as a wilderness area under the Wilderness 

Act (16 U.S.C. 1131 et seq.), and deny public access to the 

area. 

‘‘(d) LIVE IMPACT AREA DEFINED.—In this section, the term 

‘Live Impact Area’ means the parcel of real property, consisting 

of approximately 900 acres (more or less), on the island of Vieques 

that is designated by the Secretary of the Navy for targeting by 

live ordnance in the training of forces of the Navy and Marine 

Corps.’’. 

(b) CONFORMING AMENDMENT.—Section 1507(c) of such Act (114 

Stat. 1654A–355) is amended by striking ‘‘the issuance of a 

proclamation described in section 1504(a) or’’. 

Subtitle F—Other Matters 

SEC. 1061. ASSISTANCE FOR FIREFIGHTERS. 

(a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (e) of section 33 of the Federal Fire Prevention and Control Act of 1974 

(15 U.S.C. 2229) is amended to read as follows: 

‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

‘‘(1) IN GENERAL.—There are authorized to be appropriated $900,000,000 for each of the fiscal years 2002 through 2004 

for the purposes of this section. 

‘‘(2) ADMINISTRATIVE EXPENSES.—Of the funds appropriated 

pursuant to paragraph (1) for a fiscal year, the Director may 

use not more than three percent of the funds to cover salaries 

and expenses and other administrative costs incurred by the 

115 STAT. 1232 PUBLIC LAW 107–107—DEC. 28, 2001
 

Director to operate the office established under subsection (b)(2) 

and make grants and provide assistance under this section.’’. (b) RESPONSE TO TERRORISM OR USE OF WEAPONS OF MASS 

DESTRUCTION.—Subsection (b)(3) of such section is amended— (1) in subparagraph (B), by inserting ‘‘(including response 

to a terrorism incident or use of a weapon of mass destruction)’’ 

after ‘‘response’’; 

(2) in subparagraph (H), by striking ‘‘and monitoring’’ and 

inserting ‘‘, monitoring, and response to a terrorism incident 

or use of a weapon of mass destruction’’; and 

(3) in subparagraph (I), by inserting ‘‘, including protective 

equipment to respond to a terrorism incident or the use of 

a weapon of mass destruction’’ after ‘‘personnel’’ the second 

place it appears. 

(c) TECHNICAL AMENDMENTS.—Subsection (b)(3) of such section 

is further amended— (1) by striking ‘‘the grant funds—’’ in the matter preceding 

subparagraph (A) and inserting ‘‘the grant funds for one or 

more of the following purposes:’’; 

(2) by capitalizing the initial letter of the first word of 

each of subparagraphs (A) through (N); 

(3) by striking the semicolon at the end of each of subparagraphs (A) through (L) and inserting a period; and 

(4) by striking ‘‘; or’’ at the end of subparagraph (M) and 

inserting a period. 

SEC. 1062. EXTENSION OF TIMES FOR COMMISSION ON THE FUTURE 

OF THE UNITED STATES AEROSPACE INDUSTRY TO 

REPORT AND TO TERMINATE. 

(a) DEADLINE FOR REPORT.—Subsection (d)(1) of section 1092 

of the Floyd D. Spence National Defense Authorization Act for 

Fiscal Year 2001 (as enacted into law by Public Law 106–398; 

42 USC 2451 114 Stat. 1654A–302) is amended by striking ‘‘March 1, 2002’’ 

note. and inserting ‘‘one year after the date of the first official meeting 

of the Commission’’. 42 USC 2451 (b) TERMINATION OF COMMISSION.—Subsection (g) of such secnote. tion is amended by striking ‘‘30 days’’ and inserting ‘‘60 days’’. 

SEC. 1063. APPROPRIATIONS TO RADIATION EXPOSURE COMPENSATION TRUST FUND. 

Section 3(e) of the Radiation Exposure Compensation Act (42 

U.S.C. 2210 note) is amended to read as follows: ‘‘(e) APPROPRIATION.— ‘‘(1) IN GENERAL.—There are appropriated to the Fund, 

out of any money in the Treasury not otherwise appropriated, 

for fiscal year 2002 and each fiscal year thereafter through 

fiscal year 2011, such sums as may be necessary, not to exceed 

the applicable maximum amount specified in paragraph (2), 

to carry out the purposes of the Fund. 

‘‘(2) LIMITATION.—Appropriation of amounts to the Fund 

pursuant to paragraph (1) is subject to the following maximum 

amounts: 

‘‘(A) For fiscal year 2002, $172,000,000. 

‘‘(B) For fiscal year 2003, $143,000,000. 

‘‘(C) For fiscal year 2004, $107,000,000. 

‘‘(D) For fiscal year 2005, $65,000,000. 

‘‘(E) For fiscal year 2006, $47,000,000. 

‘‘(F) For fiscal year 2007, $29,000,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1233
 

‘‘(G) For fiscal year 2008, $29,000,000. 

‘‘(H) For fiscal year 2009, $23,000,000. 

‘‘(I) For fiscal year 2010, $23,000,000. 

‘‘(J) For fiscal year 2011, $17,000,000.’’. 

SEC. 1064. WAIVER OF VEHICLE WEIGHT LIMITS DURING PERIODS OF 

NATIONAL EMERGENCY. 

Section 127 of title 23, United States Code, is amended by 

adding at the end the following new subsection: ‘‘(h) WAIVER FOR A ROUTE IN STATE OF MAINE DURING PERIODS 

OF NATIONAL EMERGENCY.— ‘‘(1) IN GENERAL.—Notwithstanding any other provision of 

this section, the Secretary, in consultation with the Secretary 

of Defense, may waive or limit the application of any vehicle 

weight limit established under this section with respect to 

the portion of Interstate Route 95 in the State of Maine between 

Augusta and Bangor for the purpose of making bulk shipments 

of jet fuel to the Air National Guard Base at Bangor International Airport during a period of national emergency in order 

to respond to the effects of the national emergency. ‘‘(2) APPLICABILITY.—Emergency limits established under 

paragraph (1) shall preempt any inconsistent State vehicle 

weight limits.’’. 

SEC. 1065. REPAIR, RESTORATION, AND PRESERVATION OF LAFAYETTE ESCADRILLE MEMORIAL, MARNES-LA-COQUETTE, 

FRANCE. 

(a) AUTHORITY TO MAKE GRANT.—(1) Subject to subsections 

(b) and (c), the Secretary of the Air Force may make a grant 

to the Lafayette Escadrille Memorial Foundation, Inc., to be used 

solely for the purpose of repairing, restoring, and preserving the 

structure, plaza, and surrounding grounds of the Lafayette Escadrille Memorial in Marnes la-Coquette, France. 

(2) The amount of the grant may not exceed $2,000,000. 

(b) CONTRIBUTION OF FUNDS BY FRANCE.—The Secretary of 

the Air Force may not make the grant authorized by subsection 

(a) until 30 days after the Secretary submits to Congress a report 

indicating that the government of France has also contributed funds 

toward the repair, restoration, and preservation of the memorial. 

The report shall specify the amount of the funds contributed by 

the government of France and describe the purpose for which the 

funds are to be used. 

(c) CONDITIONS ON RECEIPT OF GRANT.—(1) The grant under 

subsection (a) shall be subject to the following conditions: 

(A) That the Lafayette Escadrille Memorial Foundation 

submit to the Secretary of the Air Force an annual report, 

until the grant funds are fully expended, containing an itemized 

accounting of expenditures of grant funds and describing the 

progress made to repair, restore, and preserve the memorial. 

(B) That the Secretary and the Comptroller General of 

the United States, or any of their duly authorized representatives, be given access for the purpose of audit and examination 

to any books, documents, papers, and records of the Lafayette 

Escadrille Memorial Foundation. 

(C) That none of the grant funds be used for remuneration 

of any entity or individual associated with fundraising for any 

project in connection with the repair, restoration, and preservation of the memorial. 

115 STAT. 1234 PUBLIC LAW 107–107—DEC. 28, 2001
 

(2) The Secretary shall transmit to Congress a copy of each 

report received under paragraph (1)(A). 

(d) REPORT ON ARCHITECTURAL AND ENGINEERING COSTS.— 

Not later than one year after the date of the enactment of this 

Act, the Secretary of the Air Force shall submit to Congress a 

report containing an estimate of the architectural and engineering 

costs to be incurred to fully repair, restore, and preserve the memorial and ensure the long-term structural integrity of the memorial. 

The estimate shall be prepared by a private United States entity, 

under contract with the Secretary. Funds for the contract shall 

also be derived from the amount specified in subsection (e). 

(e) FUNDS FOR GRANT.—Funds for the grant under subsection 

(a) shall be derived only from amounts authorized to be appropriated 

under section 301(a)(4) for operation and maintenance for the Air 

Force. 

TITLE XI—CIVILIAN PERSONNEL
 

MATTERS
 

Subtitle A—Department of Defense Civilian Personnel 

Sec. 1101. Personnel pay and qualifications authority for Department of Defense 

Pentagon Reservation civilian law enforcement and security force.

Sec. 1102. Pilot program for payment of retraining expenses.

Sec. 1103. Authority of civilian employees to act as notaries.

Sec. 1104. Authority to appoint certain health care professionals in the excepted 

service. 

Subtitle B—Civilian Personnel Management Generally 

Sec. 1111. Authority to provide hostile fire pay.

Sec. 1112. Payment of expenses to obtain professional credentials.

Sec. 1113. Parity in establishment of wage schedules and rates for prevailing rate 

employees.

Sec. 1114. Modification of limitation on premium pay.

Sec. 1115. Participation of personnel in technical standards development activities.

Sec. 1116. Retention of travel promotional items.

Sec. 1117. Applicability of certain laws to certain individuals assigned to work in 

the Federal Government. 

Subtitle C—Intelligence Civilian Personnel 

Sec. 1121. Authority to increase maximum number of positions in the Defense Intelligence Senior Executive Service. 

Subtitle D—Matters Relating To Retirement 

Sec. 1131. Improved portability of retirement coverage for employees moving between civil service employment and employment by nonappropriated 

fund instrumentalities. 

Sec. 1132. Federal employment retirement credit for nonappropriated fund instrumentality service.

Sec. 1133. Modification of limitations on exercise of voluntary separation incentive 

pay authority and voluntary early retirement authority. 

Subtitle A—Department of Defense
 

Civilian Personnel
 

SEC. 1101. PERSONNEL PAY AND QUALIFICATIONS AUTHORITY FOR 

DEPARTMENT OF DEFENSE PENTAGON RESERVATION 

CIVILIAN LAW ENFORCEMENT AND SECURITY FORCE. 

Section 2674(b) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ before the text in the first paragraph 

of that subsection; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1235
 

(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) For positions for which the permanent duty station is 

the Pentagon Reservation, the Secretary, in his sole and exclusive 

discretion, may without regard to the pay provisions of title 5, 

fix the rates of basic pay for such positions occupied by civilian 

law enforcement and security personnel appointed under the 

authority of this section so as to place such personnel on a comparable basis with personnel of other similar Federal law enforcement and security organizations within the vicinity of the Pentagon 

Reservation, not to exceed the basic pay for personnel performing 

similar duties in the United States Secret Service Uniformed Division or the United States Park Police.’’. 

SEC. 1102. PILOT PROGRAM FOR PAYMENT OF RETRAINING 

EXPENSES. 

(a) AUTHORITY TO CARRY OUT PILOT PROGRAM.—(1) The Secretary of Defense may establish a pilot program to facilitate the 

reemployment of eligible employees of the Department of Defense 

who are involuntarily separated due to a reduction in force, relocation as a result of a transfer of function, realignment, or change 

of duty station. Under the pilot program, the Secretary may pay 

retraining incentives to encourage non-Federal employers to hire 

and retain such eligible employees. 

(2) Under the pilot program, the Secretary may enter into 

an agreement with a non-Federal employer under which the 

employer agrees— 

(A) to employ an eligible employee for at least 12 months 

at a salary that is mutually agreeable to the employer and 

the eligible employee; and 

(B) to certify to the Secretary the amount of costs incurred 

by the employer for any necessary training (as defined by 

the Secretary) provided to such eligible employee in connection 

with the employment. 

(3) The Secretary may pay a retraining incentive to the nonFederal employer upon the employee’s completion of 12 months 

of continuous employment with that employer. The Secretary shall 

determine the amount of the incentive, except that in no event 

may such amount exceed the lesser of the amount certified with 

respect to such eligible employee under paragraph (2)(B), or $10,000. 

(4) In a case in which an eligible employee does not remain 

employed by the non-Federal employer for at least 12 months, 

the Secretary may pay to the employer a prorated amount of what 

would have been the full retraining incentive if the eligible employee 

had remained employed for such 12-month period. 

(b) ELIGIBLE EMPLOYEES.—For purposes of this section, an 

eligible employee is an employee of the Department of Defense, 

serving under an appointment without time limitation, who has 

been employed by the Department for a continuous period of at 

least 12 months and who has been given notice of separation 

pursuant to a reduction in force, relocation as a result of a transfer 

of function, realignment, or change of duty station, except that 

such term does not include— 

(1) a reemployed annuitant under the retirement systems 

described in subchapter III of chapter 83 of title 5, United 

10 USC 1597 

note. 

115 STAT. 1236 PUBLIC LAW 107–107—DEC. 28, 2001
 

States Code, or chapter 84 of such title, or another retirement 

system for employees of the Federal Government; 

(2) an employee who, upon separation from Federal service, 

is eligible for an immediate annuity under subchapter III of 

chapter 83 of such title, or subchapter II of chapter 84 of 

such title; or 

(3) an employee who is eligible for disability retirement 

under any of the retirement systems referred to in paragraph 

(1). 

(c) DURATION.—No incentive may be paid under the pilot program for training commenced after September 30, 2005. 

(d) DEFINITIONS.—In this section: 

(1) The term ‘‘non-Federal employer’’ means an employer 

that is not an Executive agency, as defined in section 105 

of title 5, United States Code, or an entity in the legislative 

or judicial branch of the Federal Government. 

(2) The term ‘‘reduction in force’’ has the meaning of that 

term as used in chapter 35 of such title 5. 

(3) The term ‘‘realignment’’ has the meaning given that 

term in section 2910 of the Defense Base Closure and Realignment Act of 1990 (title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note). 

SEC. 1103. AUTHORITY OF CIVILIAN EMPLOYEES TO ACT AS NOTARIES. 

(a) CLARIFICATION OF STATUS OF CIVILIAN ATTORNEYS ELIGIBLE 

TO ACT AS NOTARIES.—Subsection (b) of section 1044a of title 10, 

United States Code, is amended by striking ‘‘legal assistance officers’’ in paragraph (2) and inserting ‘‘legal assistance attorneys’’. 

(b) OTHER CIVILIAN EMPLOYEES DESIGNATED TO ACT AS NOTARIES ABROAD.—Such subsection is further amended by adding at 

the end the following new paragraph: 

‘‘(5) For the performance of notarial acts at locations outside 

the United States, all employees of a military department or 

the Coast Guard who are designated by regulations of the 

Secretary concerned or by statute to have those powers for 

exercise outside the United States.’’. 

SEC. 1104. AUTHORITY TO APPOINT CERTAIN HEALTH CARE PROFESSIONALS IN THE EXCEPTED SERVICE. 

(a) AUTHORITY.—Chapter 81 of title 10, United States Code, 

is amended by adding at the end the following new section: 

‘‘§ 1599c. Appointment in excepted service of certain health 

care professionals 

‘‘(a) AUTHORITY.—The Secretary of Defense may appoint in 

the excepted service without regard to the provisions of subchapter 

I of chapter 33 of title 5 (except as provided in section 3328 of 

such title and in subsection (c) of this section) an individual who 

has— 

‘‘(1) a recognized degree or certificate from an accredited 

institution in a covered health care profession or occupation; 

and 

‘‘(2) successfully completed a clinical education program 

affiliated with the Department of Defense or the Department 

of Veterans Affairs. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1237
 

‘‘(b) COVERED HEALTH CARE PROFESSION OR OCCUPATION.— For purposes of subsection (a), a covered health care profession 

or occupation is any of the following: ‘‘(1) Physician. 

‘‘(2) Dentist. 

‘‘(3) Podiatrist. 

‘‘(4) Optometrist. 

‘‘(5) Nurse. 

‘‘(6) Physician assistant. 

‘‘(7) Expanded-function dental auxiliary. 

‘‘(c) PREFERENCES IN HIRING.—In using the authority provided 

by this section, the Secretary shall apply the principles of preference 

for the hiring of veterans and other individuals established in 

subchapter I of chapter 33 of title 5. ‘‘(d) PROBATIONARY PERIOD.—There shall be an initial probationary period of two years for appointments made under the 

authority of this section. ‘‘(e) PROMOTIONS AND ADVANCEMENT.—(1) Promotions of 

individuals appointed under the authority of this section shall be 

made only after an examination performed in accordance with regulations prescribed by the Secretary. 

‘‘(2) Advancement of such individuals within a pay grade may 

be made in increments of the minimum rate of basic pay of the 

grade in accordance with regulations prescribed by the Secretary. 

‘‘(f) REVIEW OF RECORDS BY BOARD.—The record of each individual appointed under the authority of this section in the medical, 

dental, and nursing services shall be reviewed periodically by a 

board, which shall be appointed in accordance with regulations 

prescribed by the Secretary. If such board finds that such individual 

is not fully qualified and satisfactory, such individual shall be 

separated from service. 

‘‘(g) ADJUSTMENT OF PAY.—In accordance with regulations prescribed by the Secretary, the grade and annual rate of basic pay 

of an individual appointed under this section whose level of assignment is changed from a level of assignment in which the grade 

level is based on both the nature of the assignment and qualifications may be adjusted to the grade and annual rate of basic pay 

otherwise appropriate. 

‘‘(h) APPOINTMENT TO ADDITIONAL POSITIONS.—(1) The Secretary may use the authority of this subsection (subject to paragraph (2)) to establish the qualifications for, and appoint and 

advance an individual in the Department of Defense as— 

‘‘(A) a clinical or counseling psychologist (if such psychologist holds a diploma as a diplomate in psychology from an 

accrediting authority approved by the Secretary); 

‘‘(B) a certified or registered respiratory therapist; 

‘‘(C) a licensed physical therapist; 

‘‘(D) a licensed practical or vocational nurse; 

‘‘(E) a pharmacist; or 

‘‘(F) an occupational therapist. 

‘‘(2) Notwithstanding any other provision of this title or any 

other law, all matters relating to adverse actions, disciplinary 

actions, and grievance procedures involving an individual appointed 

to a position described in paragraph (1) (including such actions 

and procedures involving an employee in a probationary status) 

shall be resolved under the provisions of title 5 as though such 

individual had been appointed under such title. 

115 STAT. 1238 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(i) REINSTATEMENT.—In determining eligibility for reinstatement in the civil service of individuals appointed to positions in 

the Department of Defense under this section who at the time 

of appointment have a civil service status and whose employment 

in the Department of Defense is terminated, the period of service 

performed in the Department shall be included in computing the 

period of service under applicable civil service regulations.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘1599c. Appointment in excepted service of certain health care professionals.’’. 

Subtitle B—Civilian Personnel 

Management Generally 

SEC. 1111. AUTHORITY TO PROVIDE HOSTILE FIRE PAY. 

(a) IN GENERAL.—Subchapter IV of chapter 59 of title 5, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 5949. Hostile fire pay 

‘‘(a) The head of an Executive agency may pay an employee hostile fire pay at the rate of $150 for any month in which the 

employee was— ‘‘(1) subject to hostile fire or explosion of hostile mines; 

‘‘(2) on duty in an area in which the employee was in 

imminent danger of being exposed to hostile fire or explosion 

of hostile mines and in which, during the period on duty in 

that area, other employees were subject to hostile fire or explosion of hostile mines; or ‘‘(3) killed, injured, or wounded by hostile fire, explosion 

of a hostile mine, or any other hostile action. 

‘‘(b) An employee covered by subsection (a)(3) who is hospitalized for the treatment of his or her injury or wound may be 

paid hostile fire pay under this section for not more than three 

additional months during which the employee is so hospitalized. 

‘‘(c) An employee may be paid hostile fire pay under this section 

in addition to other pay and allowances to which entitled, except 

that an employee may not be paid hostile fire pay under this 

section for periods of time during which the employee receives 

payment under section 5925 of this title because of exposure to 

political violence or payment under section 5928 of this title.’’. 

(b) TECHNICAL AMENDMENT.—The table of sections at the beginning of chapter 59 of such title is amended by inserting at the 

end the following new item: 

‘‘5949. Hostile fire pay.’’. 

10 USC 5949 (c) EFFECTIVE DATE.—This provision is effective as if enacted 

note.	 into law on September 11, 2001, and may be applied with respect 

to any hostile action that took place on or after that date. 

SEC. 1112. PAYMENT OF EXPENSES TO OBTAIN PROFESSIONAL 

CREDENTIALS. 

(a) IN GENERAL.—Chapter 57 of title 5, United States Code, 

is amended by adding at the end the following new section: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1239
 

‘‘§ 5757. Payment of expenses to obtain professional credentials 

‘‘(a) An agency may use appropriated funds or funds otherwise 

available to the agency to pay for— 

‘‘(1) expenses for employees to obtain professional credentials, including expenses for professional accreditation, Stateimposed and professional licenses, and professional certification; and 

‘‘(2) examinations to obtain such credentials. 

‘‘(b) The authority under subsection (a) may not be exercised 

on behalf of any employee occupying or seeking to qualify for 

appointment to any position that is excepted from the competitive 

service because of the confidential, policy-determining, policymaking, or policy-advocating character of the position.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following 

new item: 

‘‘5757. Payment of expenses to obtain professional credentials.’’. 

SEC. 1113. PARITY IN ESTABLISHMENT OF WAGE SCHEDULES AND 

RATES FOR PREVAILING RATE EMPLOYEES. 

(a) IN GENERAL.—Paragraph (2) of section 5343(d) of title 5, 

United States Code, is amended to read as follows: 

‘‘(2) When the lead agency determines that there is a number 

of comparable positions in private industry insufficient to establish 

the wage schedules and rates, such agency shall establish the 

wage schedules and rates on the basis of— 

‘‘(A) local private industry rates; and 

‘‘(B) rates paid for comparable positions in private industry 

in the nearest wage area that such agency determines is most 

similar in the nature of its population, employment, manpower, 

and industry to the local wage area for which the wage survey 

is being made.’’. 

(b) EFFECTIVE DATE.—Wage adjustments made pursuant to 

the amendment made by this section shall take effect in each 

applicable wage area on the first normal effective date of the 

applicable wage survey adjustment that occurs after the date of 

the enactment of this Act. 

SEC. 1114. MODIFICATION OF LIMITATION ON PREMIUM PAY. 

(a) IN GENERAL.—Section 5547 of title 5, United States Code, 

is amended to read as follows: 

‘‘§ 5547. Limitation on premium pay 

‘‘(a) An employee may be paid premium pay under sections 

5542, 5545 (a), (b), and (c), 5545a, and 5546 (a) and (b) only 

to the extent that the payment does not cause the aggregate of 

basic pay and such premium pay for any pay period for such 

employee to exceed the greater of— 

‘‘(1) the maximum rate of basic pay payable for GS–15 

(including any applicable locality-based comparability payment 

under section 5304 or similar provision of law and any 

applicable special rate of pay under section 5305 or similar 

provision of law); or 

‘‘(2) the rate payable for level V of the Executive Schedule. 

‘‘(b)(1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee 

5 USC 5343 note. 

115 STAT. 1240 PUBLIC LAW 107–107—DEC. 28, 2001
 

who is paid premium pay by reason of work in connection with 

an emergency (including a wildfire emergency) that involves a direct 

threat to life or property, including work performed in the aftermath 

of such an emergency. 

‘‘(2) Notwithstanding paragraph (1), no employee referred to 

in such paragraph may be paid premium pay under the provisions 

of law cited in subsection (a) if, or to the extent that, the aggregate 

of the basic pay and premium pay under those provisions for such 

employee would, in any calendar year, exceed the greater of— 

‘‘(A) the maximum rate of basic pay payable for GS–15 

in effect at the end of such calendar year (including any 

applicable locality-based comparability payment under section 

5304 or similar provision of law and any applicable special 

rate of pay under section 5305 or similar provision of law); 

or 

‘‘(B) the rate payable for level V of the Executive Schedule 

in effect at the end of such calendar year. 

‘‘(3) Subject to regulations prescribed by the Office of Personnel 

Management, the head of an agency may determine that subsection 

(a) shall not apply to an employee who is paid premium pay to 

perform work that is critical to the mission of the agency. Such 

employees may be paid premium pay under the provisions of law 

cited in subsection (a) if, or to the extent that, the aggregate 

of the basic pay and premium pay under those provisions for such 

employee would not, in any calendar year, exceed the greater of— 

‘‘(A) the maximum rate of basic pay payable for GS–15 

in effect at the end of such calendar year (including any 

applicable locality-based comparability payment under section 

5304 or similar provision of law and any applicable special 

rate of pay under section 5305 or similar provision of law); 

or 

‘‘(B) the rate payable for level V of the Executive Schedule 

in effect at the end of such calendar year. 

Regulations. ‘‘(c) The Office of Personnel Management shall prescribe regulations governing the methods of applying subsection (b)(2) and (b)(3) 

to employees who receive premium pay under section 5545(c) or 

5545a, or to firefighters covered by section 5545b who receive overtime pay for hours in their regular tour of duty, and the method 

of payment to such employees. Such regulations may limit the 

payment of such premium pay on a biweekly basis. 

‘‘(d) This section shall not apply to any employee of the Federal 

Aviation Administration or the Department of Defense who is paid 

premium pay under section 5546a.’’. 

(b) CONFORMING AMENDMENT.—Section 118 of the Treasury 

and General Government Appropriations Act, 2001 (as enacted into 

5 USC 5547 note.	 law by section 1(3) of Public Law 106–554; 114 Stat. 2763A–134) 

is amended by striking ‘‘limitation on the rate of pay payable 

during a pay period contained in section 5547(c)(2)’’ and inserting 

‘‘restrictions contained in section 5547’’. 

5 USC 5547 note. (c) EFFECTIVE DATE.—The amendments made by subsections 

(a) and (b) shall take effect on the first day of the first pay period 

beginning on or after the date that is 120 days following the 

date of enactment of this Act. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1241
 

SEC. 1115. PARTICIPATION OF PERSONNEL IN TECHNICAL STANDARDS DEVELOPMENT ACTIVITIES. 

Subsection (d) of section 12 of the National Technology Transfer 

and Advancement Act of 1995 (Pub. Law 104–113; 15 U.S.C. 272 

note) is amended— 

(1) by redesignating paragraph (4) as paragraph (5); and 

(2) by inserting after paragraph (3) the following new paragraph (4): 

‘‘(4) EXPENSES OF GOVERNMENT PERSONNEL.—Section 5946 

of title 5, United States Code, shall not apply with respect 

to any activity of an employee of a Federal agency or department that is determined by the head of that agency or department as being an activity undertaken in carrying out this 

subsection.’’. 

SEC. 1116. RETENTION OF TRAVEL PROMOTIONAL ITEMS. 

(a) DEFINITION.—In this section, the term ‘‘agency’’ has the 

meaning given that term under section 5701 of title 5, United 

States Code. 

(b) RETENTION OF TRAVEL PROMOTIONAL ITEMS.—To the extent 

provided under subsection (c), a Federal employee, member of the 

Foreign Service, member of a uniformed service, any family member 

or dependent of such an employee or member, or other individual 

who receives a promotional item (including frequent flyer miles, 

upgrade, or access to carrier clubs or facilities) as a result of 

using travel or transportation services obtained at Federal Government expense or accepted under section 1353 of title 31, United 

States Code, may retain the promotional item for personal use 

if the promotional item is obtained under the same terms as those 

offered to the general public and at no additional cost to the Federal 

Government. 

(c) LIMITATION.—Subsection (b)— 

(1) applies only to travel that— 

(A) is at the expense of an agency; or 

(B) is accepted by an agency under section 1353 of 

title 31, United States Code; and 

(2) does not apply to travel by any officer, employee, or 

other official of the Government who is not in or under any 

agency. 

(d) REGULATORY AUTHORITY.—Any agency with authority to 

prescribe regulations governing the acquisition, acceptance, use, 

or disposal of any travel or transportation services obtained at 

Government expense or accepted under section 1353 of title 31, 

United States Code, may prescribe regulations to carry out subsection (b) with respect to those travel or transportation services. 

(e) REPEAL OF SUPERSEDED LAW.—Section 6008 of the Federal 

Acquisition Streamlining Act of 1994 (5 U.S.C. 5702 note; Public 

Law 103–355) is repealed. 

(f) APPLICABILITY.—This section shall apply with respect to 

promotional items received before, on, or after the date of enactment 

of this Act. 

SEC. 1117. APPLICABILITY OF CERTAIN LAWS TO CERTAIN INDIVIDUALS ASSIGNED TO WORK IN THE FEDERAL GOVERNMENT. 

Section 3374(c)(2) of title 5, United States Code, is amended 

by inserting ‘‘the Ethics in Government Act of 1978, section 27 

5 USC 5702 note. 

115 STAT. 1242 PUBLIC LAW 107–107—DEC. 28, 2001
 

of the Office of Federal Procurement Policy Act,’’ after ‘‘chapter 

73 of this title,’’. 

Subtitle C—Intelligence Civilian Personnel 

SEC. 1121. AUTHORITY TO INCREASE MAXIMUM NUMBER OF POSITIONS IN THE DEFENSE INTELLIGENCE SENIOR EXECUTIVE SERVICE. 

Section 1606(a) of title 10, United States Code, is amended 

by striking ‘‘517’’ and inserting ‘‘544’’. 

Subtitle D—Matters Relating To
 

Retirement
 

SEC. 1131. IMPROVED PORTABILITY OF RETIREMENT COVERAGE FOR 

EMPLOYEES MOVING BETWEEN CIVIL SERVICE EMPLOYMENT AND EMPLOYMENT BY NONAPPROPRIATED FUND 

INSTRUMENTALITIES. 

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8347(q) of 

title 5, United States Code, is amended— 

(1) in paragraph (1)— 

(A) by inserting ‘‘and’’ at the end of subparagraph 

(A); 

(B) by striking subparagraph (B); and 

(C) by redesignating subparagraph (C) as subparagraph (B); and 

(2) in paragraph (2)(B)— 

(A) by striking ‘‘vested’’; and 

(B) by striking ‘‘, as the term’’ and all that follows 

through ‘‘such system’’. 

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—Section 

8461(n) of such title is amended— 

(1) in paragraph (1)— (A) by inserting ‘‘and’’ at the end of subparagraph 

(A); 

(B) by striking subparagraph (B); and 

(C) by redesignating subparagraph (C) as subparagraph (B); and 

(2) in paragraph (2)(B)— (A) by striking ‘‘vested’’; and 

(B) by striking ‘‘, as the term’’ and all that follows 

through ‘‘such system’’. 

SEC. 1132. FEDERAL EMPLOYMENT RETIREMENT CREDIT FOR NONAPPROPRIATED FUND INSTRUMENTALITY SERVICE. 

(a) CIVIL SERVICE RETIREMENT SYSTEM.—(1) Section 8332(b) 

of title 5, United States Code, is amended— 

(A) by striking ‘‘and’’ at the end of paragraph (15); 

(B) by striking the period at the end of paragraph (16) 

and inserting ‘‘; and’’; 

(C) by inserting after paragraph (16) the following new 

paragraph: 

‘‘(17) service performed by any individual as an employee 

paid from nonappropriated funds of an instrumentality of the 

Department of Defense or the Coast Guard described in section 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1243
 

2105(c) that is not covered by paragraph (16) and that is 

not otherwise creditable, if the individual elects (in accordance 

with regulations prescribed by the Office) to have such service 

credited under this paragraph.’’; 

(D) in the last sentence, by inserting ‘‘or (17)’’ after ‘‘service 

of the type described in paragraph (16)’’; and 

(E) by inserting after the last sentence the following: 

‘‘Service credited under paragraph (17) may not also be credited 

under any other retirement system provided for employees 

paid from nonappropriated funds of a nonappropriated fund 

instrumentality.’’. 

(2) Section 8334 of such title is amended by adding at the 

end the following new subsection: 

‘‘(n) Notwithstanding subsection (c), no deposit may be made 

with respect to service credited under section 8332(b)(17).’’. 

(3) Section 8339 of such title is amended by adding at the 

end the following new subsection: 

‘‘(u) The annuity of an employee retiring under this subchapter 

with service credited under section 8332(b)(17) shall be reduced 

by the amount necessary to ensure that the present value of the 

annuity payable to the employee is actuarially equivalent to the 

present value of the annuity that would be payable to the employee 

under this subchapter if it were computed— 

‘‘(1) on the basis of service that does not include service 

credited under section 8332(b)(17); and 

‘‘(2) assuming the employee separated from service on the 

actual date of the separation of the employee. 

The amount of the reduction shall be computed under regulations 

prescribed by the Office of Personnel Management for the administration of this subsection.’’. 

(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—(1) Section 

8411 of such title is amended— 

(A) in subsection (b)— 

(i) by striking ‘‘and’’ at the end of paragraph (4); 

(ii) by striking the period at the end of paragraph 

(5) and inserting ‘‘; and’’; and 

(iii) by inserting after paragraph (5) the following new 

paragraph: 

‘‘(6) service performed by any individual as an employee 

paid from nonappropriated funds of an instrumentality of the 

Department of Defense or the Coast Guard described in section 

2105(c) that is not otherwise creditable, if the individual elects 

(in accordance with regulations prescribed by the Office) to 

have such service credited under this paragraph.’’; and 

(B) by adding at the end the following new subsection: 

‘‘(k)(1) The Office of Personnel Management shall accept, for 

the purposes of this chapter, the certification of the head of a 

nonappropriated fund instrumentality of the United States concerning service of the type described in subsection (b)(6) that was 

performed for such nonappropriated fund instrumentality. 

‘‘(2) Service credited under subsection (b)(6) may not also be 

credited under any other retirement system provided for employees 

paid from nonappropriated funds of a nonappropriated fund 

instrumentality.’’. 

(2)(A) Section 8422 of such title is amended by adding at 

the end the following new subsection: 

115 STAT. 1244 PUBLIC LAW 107–107—DEC. 28, 2001
 

5 USC 8332 note. 

5 USC 5597 note. 

5 USC 5597 note. 

‘‘(h) No deposit may be made with respect to service credited 

under section 8411(b)(6).’’. 

(B) The heading for such section is amended to read as follows: 

‘‘§ 8422. Deductions from pay; contributions for other 

service’’. 

(C) The item relating to such section in the table of contents 

at the beginning of chapter 84 of title 5, United States Code, 

is amended to read as follows: 

‘‘8422. Deductions from pay; contributions for other service.’’. 

(3) Section 8415 of such title is amended by adding at the 

end the following new subsection: 

‘‘(j) The annuity of an employee retiring under this chapter 

with service credited under section 8411(b)(6) shall be reduced 

by the amount necessary to ensure that the present value of the 

annuity payable to the employee under this subchapter is actuarially equivalent to the present value of the annuity that would 

be payable to the employee under this subchapter if it were 

computed— 

‘‘(1) on the basis of service that does not include service 

credited under section 8411(b)(6); and 

‘‘(2) assuming the employee separated from service on the 

actual date of the separation of the employee. 

The amount of the reduction shall be computed under regulations 

prescribed by the Office of Personnel Management for the administration of this subsection.’’. 

(c) APPLICABILITY.—The amendments made by this section shall 

apply only to separations from service as an employee of the United 

States on or after the date of the enactment of this Act. 

SEC. 1133. MODIFICATION OF LIMITATIONS ON EXERCISE OF VOLUNTARY SEPARATION INCENTIVE PAY AUTHORITY AND 

VOLUNTARY EARLY RETIREMENT AUTHORITY. 

(a) IN GENERAL.—Section 1153(b) of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–323) is amended— 

(1) in paragraph (1)— 

(A) by striking ‘‘(1) Subject to paragraph (2), the’’ and 

inserting ‘‘The’’; 

(B) by striking ‘‘in each of fiscal years 2002 and 2003, 

not more than 4000 employees of the Department of 

Defense are’’ and inserting ‘‘in fiscal year 2002 not more 

than 2000 employees of the Department of Defense are, 

and in fiscal year 2003 not more than 6000 employees 

of the Department of Defense are’’; and 

(C) by redesignating subparagraphs (A) and (B) as 

paragraphs (1) and (2), respectively; and 

(2) by striking paragraph (2). 

(b) CONSTRUCTION.—The amendments made by subsection (a) 

may be superceded by another provision of law that takes effect 

after the date of the enactment of this Act, and before October 

1, 2003, establishing a uniform system of providing voluntary separation incentives (including a system for requiring approval of plans 

by the Office of Management and Budget) for employees of the 

Federal Government. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1245
 

TITLE XII—MATTERS RELATING TO
 

OTHER NATIONS
 

Subtitle A—Matters Related to Arms Control and Monitoring 

Sec. 1201. Clarification of authority to furnish nuclear test monitoring equipment 

to foreign governments. 

Sec. 1202. Limitation on funding for Joint Data Exchange Center in Moscow. 

Sec. 1203. Support of United Nations-sponsored efforts to inspect and monitor Iraqi 

weapons activities. 

Sec. 1204. Authority for employees of Federal Government contractors to accompany chemical weapons inspection teams at Government-owned facilities. 

Sec. 1205. Plan for securing nuclear weapons, material, and expertise of the states 

of the former Soviet Union. 

Subtitle B—Matters Relating to Allies and Friendly Foreign Nations 

Sec. 1211. Acquisition of logistical support for security forces. 

Sec. 1212. Extension of authority for international cooperative research and development projects. 

Sec. 1213. Cooperative agreements with foreign countries and international organizations for reciprocal use of test facilities. 

Sec. 1214. Sense of Congress on allied defense burdensharing. 

Subtitle C—Reports 

Sec. 1221. Report on significant sales and transfers of military hardware, expertise, 

and technology to the People’s Republic of China. 

Sec. 1222. Repeal of requirement for reporting to Congress on military deployments 

to Haiti. 

Sec. 1223. Report by Comptroller General on provision of defense articles, services, 

and military education and training to foreign countries and international organizations. 

Subtitle A—Matters Related to Arms
 

Control and Monitoring
 

SEC. 1201. CLARIFICATION OF AUTHORITY TO FURNISH NUCLEAR 

TEST MONITORING EQUIPMENT TO FOREIGN GOVERNMENTS. 

(a) REDESIGNATION OF EXISTING SECTION.—(1) The second section 2555 of title 10, United States Code, added by section 1203(a) 

of the Floyd D. Spence National Defense Authorization Act for 

Fiscal Year 2001 (as enacted into law by Public Law 106–398; 

114 Stat. 1654A–324), is redesignated as section 2565. 

(2) The item relating to that section in the table of sections 

at the beginning of chapter 152 of that title is amended to read 

as follows: 

‘‘2565. Nuclear test monitoring equipment: furnishing to foreign governments.’’. 

(b) CLARIFICATION OF AUTHORITY.—Section 2565 of that title, 

as so redesignated by subsection (a), is amended— 

(1) in subsection (a)— 

(A) by striking ‘‘CONVEY OR’’ in the subsection heading 

and inserting ‘‘TRANSFER TITLE TO OR OTHERWISE’’; 

(B) in paragraph (1)— 

(i) by striking ‘‘convey’’ and inserting ‘‘transfer 

title’’; and 

(ii) by striking ‘‘and’’ at the end; 

(C) by striking the period at the end of paragraph 

(2) and inserting ‘‘; and’’; and 

115 STAT. 1246 PUBLIC LAW 107–107—DEC. 28, 2001
 

(D) by adding at the end the following new paragraph: 

‘‘(3) inspect, test, maintain, repair, or replace any such 

equipment.’’; and 

(2) in subsection (b)— 

(A) by striking ‘‘conveyed or otherwise provided’’ and 

inserting ‘‘provided to a foreign government’’; 

(B) by inserting ‘‘and’’ at the end of paragraph (1); 

(C) by striking ‘‘; and’’ at the end of paragraph (2) 

and inserting a period; and 

(D) by striking paragraph (3). 

SEC. 1202. LIMITATION ON FUNDING FOR JOINT DATA EXCHANGE 

CENTER IN MOSCOW. 

(a) LIMITATION.—Not more than 50 percent of the funds made 

available to the Department of Defense for fiscal year 2002 for 

activities associated with the Joint Data Exchange Center in 

Moscow, Russia, may be obligated for any such activity until— 

(1) the United States and the Russian Federation enter 

into a cost-sharing agreement as described in subsection (d) 

of section 1231 of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001, as enacted into law 

by Public Law 106–398 (114 Stat. 1654A–329); 

(2) the United States and the Russian Federation enter 

into an agreement or agreements exempting the United States 

and any United States person from Russian taxes, and from 

liability under Russian laws, with respect to activities associated with the Joint Data Exchange Center; 

(3) the Secretary of Defense submits to the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives a copy of each agreement referred to in paragraphs (1) and (2); and 

(4) a period of 30 days has expired after the date of the 

final submission under paragraph (3). 

(b) JOINT DATA EXCHANGE CENTER.—For purposes of this section, the term ‘‘Joint Data Exchange Center’’ means the United 

States-Russian Federation joint center for the exchange of data 

to provide early warning of launches of ballistic missiles and for 

notification of such launches that is provided for in a joint United 

States-Russian Federation memorandum of agreement signed in 

Moscow in June 2000. 

SEC. 1203. SUPPORT OF UNITED NATIONS-SPONSORED EFFORTS TO 

INSPECT AND MONITOR IRAQI WEAPONS ACTIVITIES. 

(a) LIMITATION ON AMOUNT OF ASSISTANCE IN FISCAL YEAR 

2002.—The total amount of the assistance for fiscal year 2002 

that is provided by the Secretary of Defense under section 1505 

of the Weapons of Mass Destruction Control Act of 1992 (22 U.S.C. 

5859a) as activities of the Department of Defense in support of 

activities under that Act may not exceed $15,000,000. 

(b) EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE.—Subsection (f) of section 1505 of the Weapons of Mass Destruction 

Control Act of 1992 (22 U.S.C. 5859a) is amended by striking 

‘‘2001’’ and inserting ‘‘2002’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1247
 

SEC. 1204. AUTHORITY FOR EMPLOYEES OF FEDERAL GOVERNMENT 

CONTRACTORS TO ACCOMPANY CHEMICAL WEAPONS 

INSPECTION TEAMS AT GOVERNMENT-OWNED FACILITIES. 

(a) AUTHORITY.—Section 303(b)(2) of the Chemical Weapons 

Convention Implementation Act of 1998 (22 U.S.C. 6723(b)(2)) is 

amended by inserting after ‘‘designation of employees of the Federal 

Government’’ the following: ‘‘(and, in the case of an inspection 

of a United States Government facility, the designation of contractor 

personnel who shall be led by an employee of the Federal Government)’’. 

(b) CREDENTIALS.—Section 304(c) of such Act (22 U.S.C. 6724(c)) 

is amended by striking ‘‘Federal government’’ and inserting ‘‘Federal 

Government (and, in the case of an inspection of a United States 

Government facility, any accompanying contractor personnel)’’. 

SEC. 1205. PLAN FOR SECURING NUCLEAR WEAPONS, MATERIAL, AND 

EXPERTISE OF THE STATES OF THE FORMER SOVIET 

UNION. 

(a) PLAN REQUIRED.—Not later than June 15, 2002, the President shall submit to Congress a plan, that has been developed 

in coordination with all relevant Federal agencies— 

(1) for cooperating with Russia on disposing, as soon as 

practicable, of nuclear weapons and weapons-usable nuclear 

material in Russia that Russia does not retain in its nuclear 

arsenals; 

(2) for assisting Russia in downsizing its nuclear weapons 

research and production complex; 

(3) for cooperating with the other states of the former 

Soviet Union on disposing, as soon as practicable, of all nuclear 

weapons and weapons-usable nuclear material in such states; 

and 

(4) for preventing the outflow from the states of the former 

Soviet Union of scientific expertise that could be used for developing nuclear weapons, other weapons of mass destruction, 

and delivery systems for such weapons. 

(b) CONTENT OF PLAN.—The plan required by subsection (a) 

shall include the following: 

(1) Specific goals and measurable objectives for programs 

that are designed to carry out the objectives described in subsection (a). 

(2) Criteria for success for such programs, and a strategy 

for eventual termination of United States contributions to such 

programs and assumption of the ongoing support of those programs by others. 

(3) A description of any administrative and organizational 

changes necessary to improve the coordination and effectiveness 

of such programs. In particular, the plan shall include consideration of the creation of an interagency committee that would 

have primary responsibilities within the executive branch for— 

(A) monitoring United States nonproliferation efforts 

in the states of the former Soviet Union; 

(B) coordinating the implementation of United States 

policy with respect to such efforts; and 

(C) recommending to the President integrated policies, 

budget options, and private sector and international contributions for such programs. 

Deadline.
 

President.
 

115 STAT. 1248 PUBLIC LAW 107–107—DEC. 28, 2001
 

(4) An estimate of the cost of carrying out such programs. 

(c) CONSULTATION.—In developing the plan required by subsection (a), the President— 

(1) is encouraged to consult with the relevant states of 

the former Soviet Union regarding the practicality of various 

options; and 

(2) shall consult with the majority and minority leadership 

of the appropriate committees of Congress. 

Subtitle B—Matters Relating to Allies and 

Friendly Foreign Nations 

SEC. 1211. ACQUISITION OF LOGISTICAL SUPPORT FOR SECURITY 

FORCES. 

Section 5 of the Multinational Force and Observers Participation Resolution (22 U.S.C. 3424) is amended by adding at the 

end the following new subsection: 

Contracts. ‘‘(d)(1) The United States may use contractors to provide 

logistical support to the Multinational Force and Observers under 

this section in lieu of providing such support through a logistical 

support unit comprised of members of the United States Armed 

Forces. 

‘‘(2) Notwithstanding subsections (a) and (b) and section 7(b), 

support by a contractor under this subsection may be provided 

without reimbursement whenever the President determines that 

such action enhances or supports the national security interests 

of the United States.’’. 

SEC. 1212. EXTENSION OF AUTHORITY FOR INTERNATIONAL COOPERATIVE RESEARCH AND DEVELOPMENT PROJECTS. 

(a) ELIGIBILITY OF FRIENDLY FOREIGN COUNTRIES.—Section 

2350a of title 10, United States Code, is amended— 

(1) in subsection (a)— 

(A) by inserting ‘‘(1)’’ after ‘‘(a) AUTHORITY TO ENGAGE 

IN COOPERATIVE R&D PROJECTS.—’’; 

(B) by striking ‘‘major allies of the United States or 

NATO organizations’’ and inserting ‘‘countries or organizations referred to in paragraph (2)’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(2) The countries and organizations with which the Secretary 

may enter into a memorandum of agreement (or other formal agreement) under paragraph (1) are as follows: 

‘‘(A) The North Atlantic Treaty Organization.
 

‘‘(B) A NATO organization.
 

‘‘(C) A member nation of the North Atlantic Treaty
 

Organization. 

‘‘(D) A major non-NATO ally. 

‘‘(E) Any other friendly foreign country.’’; 

(2) in subsection (b)(1)— 

(A) by striking ‘‘its major non-NATO allies’’ and 

inserting ‘‘a country or organization referred to in subsection (a)(2)’’; and 

(B) by striking ‘‘(NATO)’’; 

(3) in subsection (d)— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1249
 

(A) in paragraph (1), by striking ‘‘the major allies of 

the United States’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘major ally of the United States’’ 

and inserting ‘‘country or organization referred to in 

subsection (a)(2)’’; and 

(ii) by striking ‘‘that ally’s contribution’’ and 

inserting ‘‘the contribution of that country or organization’’; 

(4) in subsection (e)(2)— 

(A) in subparagraph (A), by striking ‘‘one or more of 

the major allies of the United States’’ and inserting ‘‘any 

country or organization referred to in subsection (a)(2)’’; 

(B) in subparagraph (B), by striking ‘‘major allies of 

the United States or NATO organizations’’ and inserting 

‘‘countries and organizations referred to in subsection 

(a)(2)’’; 

(C) in subparagraph (C), by striking ‘‘major allies of 

the United States’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’; and 

(D) in subparagraph (D), by striking ‘‘major allies of 

the United States’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’; 

(5) paragraphs (1)(A) and (4)(A) of subsection (g), by 

striking ‘‘major allies of the United States and other friendly 

foreign countries’’ and inserting ‘‘countries referred to in subsection (a)(2)’’; 

(6) in subsection (h), by striking ‘‘major allies of the United 

States’’ and inserting ‘‘member nations of the North Atlantic 

Treaty Organization, major non-NATO allies, and other friendly 

foreign countries’’; and 

(7) in subsection (i)— 

(A) in paragraph (1), by striking ‘‘major allies of the 

United States or NATO organizations’’ and inserting ‘‘countries and organizations referred to in subsection (a)(2)’’; 

(B) by striking paragraph (2); and 

(C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. 

(b) NOTICE-AND-WAIT REQUIREMENT.—Subsection (a) of such 

section is further amended by adding at the end the following 

new paragraph: 

‘‘(3) If such a memorandum of understanding (or other formal 

agreement) is with a country referred to in subparagraph (E) of 

paragraph (2), such memorandum (or agreement) may go into effect 

only after the Secretary submits to the Committees on Armed 

Services and on Foreign Relations of the Senate and to the Committees on Armed Services and on International Relations of the House 

of Representatives a report with respect to the proposed memorandum (or agreement) and a period of 30 days has passed after 

the report has been submitted.’’. 

(c) DELEGATION OF AUTHORITY TO DETERMINE ELIGIBILITY OF 

PROJECTS.—Subsection (b)(2) of such section is amended by striking 

‘‘to the Deputy Secretary of Defense’’ and all that follows through 

the period at the end and inserting ‘‘to the Deputy Secretary of 

Defense and to one other official of the Department of Defense.’’. 

115 STAT. 1250 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

(d) REVISION OF REQUIREMENT FOR ANNUAL REPORT ON 

ELIGIBLE COUNTRIES.—Subsection (f)(2) of such section is amended 

to read as follows: ‘‘(2) Not later than January 1 of each year, the Secretary 

of Defense shall submit to the Committees on Armed Services 

and on Foreign Relations of the Senate and to the Committees 

on Armed Services and on International Relations of the House 

of Representatives a report specifying— 

‘‘(A) the countries that are eligible to participate in a 

cooperative project agreement under this section; and 

‘‘(B) the criteria used to determine the eligibility of such 

countries.’’. 

(e) CONFORMING AMENDMENTS.—(1) The heading of such section 

is amended to read as follows: 

‘‘§ 2350a. Cooperative research and development agreements: NATO organizations; allied and friendly

foreign countries’’. 

(2) The item relating to such section in the table of sections 

at the beginning of subchapter II of chapter 138 of title 10, United 

States Code, is amended to read as follows: 

‘‘2350a. Cooperative research and development agreements: NATO organizations; 

allied and friendly foreign countries.’’. 

SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES 

AND INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL 

USE OF TEST FACILITIES. 

(a) AUTHORITY.—Subchapter II of chapter 138 of title 10, United 

States Code, is amended by adding at the end the following new 

section: 

‘‘§ 2350l. Cooperative agreements for reciprocal use of test

facilities: foreign countries and international

organizations 

‘‘(a) AUTHORITY.—The Secretary of Defense, with the concurrence of the Secretary of State, may enter into a memorandum 

of understanding (or other formal agreement) with a foreign country 

or international organization to provide for the testing, on a reciprocal basis, of defense equipment (1) by the United States using 

test facilities of that country or organization, and (2) by that country 

or organization using test facilities of the United States. 

‘‘(b) PAYMENT OF COSTS.—A memorandum or other agreement 

under subsection (a) shall provide that, when a party to the agreement uses a test facility of another party to the agreement, the 

party using the test facility is charged by the party providing 

the test facility in accordance with the following principles: 

‘‘(1) The user party shall be charged the amount equal 

to the direct costs incurred by the provider party in furnishing 

test and evaluation services by the providing party’s officers, 

employees, or governmental agencies. 

‘‘(2) The user party may also be charged indirect costs 

relating to the use of the test facility, but only to the extent 

specified in the memorandum or other agreement. 

‘‘(c) DETERMINATION OF INDIRECT COSTS; DELEGATION OF 

AUTHORITY.—(1) The Secretary of Defense shall determine the 

appropriateness of the amount of indirect costs charged by the 

United States pursuant to subsection (b)(2). 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1251
 

‘‘(2) The Secretary may delegate the authority under paragraph 

(1) only to the Deputy Secretary of Defense and to one other 

official of the Department of Defense. 

‘‘(d) RETENTION OF FUNDS COLLECTED BY THE UNITED STATES.— 

Amounts collected by the United States from a party using a 

test facility of the United States pursuant to a memorandum or 

other agreement under this section shall be credited to the appropriation accounts from which the costs incurred by the United 

States in providing such test facility were paid. 

‘‘(e) DEFINITIONS.—In this section: 

‘‘(1) The term ‘direct cost’, with respect to the use of a 

test facility pursuant to a memorandum or other agreement 

under subsection (a)— 

‘‘(A) means any item of cost that is easily and readily 

identified to a specific unit of work or output within the 

test facility where the use occurred, that would not have 

been incurred if such use had not occurred; and 

‘‘(B) may include costs of labor, materials, facilities, 

utilities, equipment, supplies, and any other resources of 

the test facility that are consumed or damaged in connection with— 

‘‘(i) the use; or 

‘‘(ii) the maintenance of the test facility for purposes of the use. 

‘‘(2) The term ‘indirect cost’, with respect to the use of 

a test facility pursuant to a memorandum or other agreement 

under subsection (a)— 

‘‘(A) means any item of cost that is not easily and 

readily identified to a specific unit of work or output within 

the test facility where the use occurred; and 

‘‘(B) may include general and administrative expenses 

for such activities as supporting base operations, manufacturing, supervision, procurement of office supplies, and 

utilities that are accumulated costs allocated among several 

users. 

‘‘(3) The term ‘test facility’ means a range or other facility 

at which testing of defense equipment may be carried out.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of such subchapter is amended by adding at the end the 

following new item: 

‘‘2350l. Cooperative agreements for reciprocal use of test facilities: foreign countries 

and international organizations.’’. 

SEC. 1214. SENSE OF CONGRESS ON ALLIED DEFENSE BURDENSHARING. 

It is the sense of Congress that— 

(1) the efforts of the President to increase defense 

burdensharing by allied and friendly nations deserve strong 

support; and 

(2) host nation support agreements with those nations in 

which United States military personnel are assigned to permanent duty ashore should be negotiated consistent with section 

1221(a)(1) of the National Defense Authorization Act for Fiscal 

Year 1998 (Public Law 105–85; 50 U.S.C. 1541(a)(1)), which 

sets forth a goal of obtaining from any such host nation financial 

contributions that amount to 75 percent of the nonpersonnel 

115 STAT. 1252 PUBLIC LAW 107–107—DEC. 28, 2001
 

costs incurred by the United States Government for stationing 

United States military personnel in that nation. 

Subtitle C—Reports 

SEC. 1221. REPORT ON SIGNIFICANT SALES AND TRANSFERS OF MILITARY HARDWARE, EXPERTISE, AND TECHNOLOGY TO THE 

PEOPLE’S REPUBLIC OF CHINA. 

Section 1202 of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 781; 10 U.S.C. 

113 note) is amended by adding at the end the following new 

subsection: 

‘‘(d) REPORT ON SIGNIFICANT SALES AND TRANSFERS TO CHINA.— 

Deadline. (1) The report to be submitted under this section not later than 

March 1, 2002, shall include in a separate section a report 

describing any significant sale or transfer of military hardware, 

expertise, and technology to the People’s Republic of China. The 

report shall set forth the history of such sales and transfers since 

1995, forecast possible future sales and transfers, and address 

the implications of those sales and transfers for the security of 

the United States and its friends and allies in Asia. 

‘‘(2) The report shall include analysis and forecasts of the 

following matters related to military cooperation between selling 

states and the People’s Republic of China: 

‘‘(A) The extent in each selling state of government knowledge, cooperation, or condoning of sales or transfers of military 

hardware, expertise, or technology to the People’s Republic 

of China. 

‘‘(B) An itemization of significant sales and transfers of 

military hardware, expertise, or technology from each selling 

state to the People’s Republic of China that have taken place 

since 1995, with a particular focus on command, control, 

communications, and intelligence systems. 

‘‘(C) Significant assistance by any selling state to key 

research and development programs of China, including programs for development of weapons of mass destruction and 

delivery vehicles for such weapons, programs for development 

of advanced conventional weapons, and programs for development of unconventional weapons. 

‘‘(D) The extent to which arms sales by any selling state 

to the People’s Republic of China are a source of funds for 

military research and development or procurement programs 

in the selling state. 

‘‘(3) The report under paragraph (1) shall include, with respect 

to each area of analysis and forecasts specified in paragraph (2)— 

‘‘(A) an assessment of the military effects of such sales 

or transfers to entities in the People’s Republic of China; 

‘‘(B) an assessment of the ability of the People’s Liberation 

Army to assimilate such sales or transfers, mass produce new 

equipment, or develop doctrine for use; and 

‘‘(C) the potential threat of developments related to such 

effects on the security interests of the United States and its 

friends and allies in Asia.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1253
 

SEC. 1222. REPEAL OF REQUIREMENT FOR REPORTING TO CONGRESS 

ON MILITARY DEPLOYMENTS TO HAITI. 

Section 1232(b) of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 788; 50 U.S.C. 

1541 note) is repealed. 

SEC. 1223. REPORT BY COMPTROLLER GENERAL ON PROVISION OF 

DEFENSE ARTICLES, SERVICES, AND MILITARY EDUCATION AND TRAINING TO FOREIGN COUNTRIES AND 

INTERNATIONAL ORGANIZATIONS. 

(a) STUDY.—The Comptroller General shall conduct a study 

of the following: 

(1) The benefits derived by each foreign country or international organization from the receipt of defense articles, 

defense services, or military education and training provided 

after December 31, 1989, pursuant to the drawdown of such 

articles, services, or education and training from the stocks 

of the Department of Defense under section 506, 516, or 552 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2318, 2321j, 

or 2348a) or any other provision of law. 

(2) Any benefits derived by the United States from the 

provision of defense articles, defense services, and military 

education and training described in paragraph (1). 

(3) The effect on the readiness of the Armed Forces as 

a result of the provision by the United States of defense articles, 

defense services, and military education and training described 

in paragraph (1). 

(4) The cost to the Department of Defense with respect 

to the provision of defense articles, defense services, and military education and training described in paragraph (1). 

(b) REPORTS.—(1) Not later than April 15, 2002, the Comptroller 

General shall submit to Congress an interim report containing 

the results to that date of the study conducted under subsection 

(a). 

(2) Not later than August 1, 2002, the Comptroller General 

shall submit to Congress a final report containing the results of 

the study conducted under subsection (a). 

TITLE XIII—COOPERATIVE THREAT REDUCTION WITH STATES OF THE 

FORMER SOVIET UNION 

Sec. 1301. Specification of Cooperative Threat Reduction programs and funds.
 

Sec. 1302. Funding allocations.
 

Sec. 1303. Limitation on use of funds until submission of reports.
 

Sec. 1304. Requirement to consider use of revenue generated by activities carried
 

out under Cooperative Threat Reduction programs. 

Sec. 1305. Prohibition against use of funds for second wing of fissile material storage facility. 

Sec. 1306. Prohibition against use of funds for certain construction activities. 

Sec. 1307. Reports on activities and assistance under Cooperative Threat Reduction 

programs. 

Sec. 1308. Chemical weapons destruction. 

Sec. 1309. Additional matter in annual report on activities and assistance under 

Cooperative Threat Reduction programs. 

Deadline. 

Deadline. 

115 STAT. 1254 PUBLIC LAW 107–107—DEC. 28, 2001
 

22 USC 5952 

note. 

SEC. 1301. SPECIFICATION OF COOPERATIVE THREAT REDUCTION 

PROGRAMS AND FUNDS. 

(a) SPECIFICATION OF CTR PROGRAMS.—For purposes of section 

301 and other provisions of this Act, Cooperative Threat Reduction 

programs are the programs specified in section 1501(b) of the 

National Defense Authorization Act for Fiscal Year 1997 (Public 

Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note). 

(b) FISCAL YEAR 2002 COOPERATIVE THREAT REDUCTION FUNDS 

DEFINED.—As used in this title, the term ‘‘fiscal year 2002 Cooperative Threat Reduction funds’’ means the funds appropriated pursuant to the authorization of appropriations in section 301 for 

Cooperative Threat Reduction programs. 

(c) AVAILABILITY OF FUNDS.—Funds appropriated pursuant to 

the authorization of appropriations in section 301 for Cooperative 

Threat Reduction programs shall be available for obligation for 

three fiscal years. 

SEC. 1302. FUNDING ALLOCATIONS. 

(a) FUNDING FOR SPECIFIC PURPOSES.—Of the $403,000,000 

authorized to be appropriated to the Department of Defense for 

fiscal year 2002 in section 301(23) for Cooperative Threat Reduction 

programs, not more than the following amounts may be obligated 

for the purposes specified: 

(1) For strategic offensive arms elimination in Russia, 

$133,405,000. 

(2) For strategic nuclear arms elimination in Ukraine, 

$51,500,000. 

(3) For nuclear weapons transportation security in Russia, 

$9,500,000. 

(4) For nuclear weapons storage security in Russia, 

$56,000,000. 

(5) For biological weapons proliferation prevention activities in the former Soviet Union, $17,000,000. 

(6) For activities designated as Other Assessments/ 

Administrative Support, $13,221,000. 

(7) For defense and military contacts, $18,650,000. 

(8) For chemical weapons destruction in Russia, 

$50,000,000. 

(9) For weapons of mass destruction infrastructure elimination activities in Kazakhstan, $6,000,000. 

(10) For weapons of mass destruction infrastructure elimination activities in Ukraine, $6,024,000. 

(11) For activities to assist Russia in the elimination of 

plutonium production reactors, $41,700,000. 

(b) REPORT ON OBLIGATION OR EXPENDITURE OF FUNDS FOR 

OTHER PURPOSES.—No fiscal year 2002 Cooperative Threat Reduction funds may be obligated or expended for a purpose other than 

a purpose listed in paragraphs (1) through (11) of subsection (a) 

until 30 days after the date that the Secretary of Defense submits 

to Congress a report on the purpose for which the funds will 

be obligated or expended and the amount of funds to be obligated 

or expended. Nothing in the preceding sentence shall be construed 

as authorizing the obligation or expenditure of fiscal year 2002 

Cooperative Threat Reduction funds for a purpose for which the 

obligation or expenditure of such funds is specifically prohibited 

under this title or any other provision of law. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1255
 

(c) LIMITED AUTHORITY TO VARY INDIVIDUAL AMOUNTS.—(1) 

Subject to paragraphs (2) and (3), in any case in which the Secretary 

of Defense determines that it is necessary to do so in the national 

interest, the Secretary may obligate amounts appropriated for fiscal 

year 2002 for a purpose listed in any of the paragraphs in subsection 

(a) in excess of the amount specifically authorized for such purpose. 

(2) An obligation of funds for a purpose stated in any of the 

paragraphs in subsection (a) in excess of the specific amount authorized for such purpose may be made using the authority provided 

in paragraph (1) only after— 

(A) the Secretary submits to Congress notification of the Notification. 

intent to do so together with a complete discussion of the 

justification for doing so; and 

(B) 15 days have elapsed following the date of the notification.
 

(3) The Secretary may not, under the authority provided in 

paragraph (1), obligate amounts for the purposes stated in paragraph (6), (7), or (11) of subsection (a) in excess of 115 percent 

of the amount specifically authorized for such purposes. 

(d) MODIFICATION OF AUTHORITY TO VARY INDIVIDUAL AMOUNTS 

OF FY 2001 FUNDS.—Section 1302(c)(3) of the Floyd D. Spence 

National Defense Authorization Act for Fiscal Year 2001 (as enacted 

into law by Public Law 106–398; 114 Stat. 1654A–340) is amended 

by striking ‘‘(4),’’. 

SEC. 1303. LIMITATION ON USE OF FUNDS UNTIL SUBMISSION OF 

REPORTS. 

Not more than 50 percent of fiscal year 2002 Cooperative Threat 

Reduction funds may be obligated or expended until 30 days after 

the date of the submission of— 

(1) the report required to be submitted in fiscal year 2001
 

under section 1308(a) of the Floyd D. Spence National Defense
 

Authorization Act for Fiscal Year 2001 (as enacted into law
 

by Public Law 106–398; 114 Stat. 1654A–341); and
 

(2) the multiyear plan required to be submitted for fiscal
 

year 2001 under section 1308(h) of such Act.
 

SEC. 1304. REQUIREMENT TO CONSIDER USE OF REVENUE GEN- 22 USC 5952 

ERATED BY ACTIVITIES CARRIED OUT UNDER COOPERA- note. 

TIVE THREAT REDUCTION PROGRAMS. 

The Secretary of Defense shall consider the use of revenue 

generated by activities carried out under Cooperative Threat Reduction programs in negotiating and executing contracts with Russia 

to carry out such programs. 

SEC. 1305. PROHIBITION AGAINST USE OF FUNDS FOR SECOND WING 

OF FISSILE MATERIAL STORAGE FACILITY. 

(a) PROHIBITION.—No fiscal year 2002 Cooperative Threat 22 USC 5952 

Reduction funds and no funds authorized to be appropriated for note. 

Cooperative Threat Reduction programs for any prior fiscal year 

may be used for the construction of a second wing for a storage 

facility for Russian fissile material. 

(b) CONFORMING AMENDMENT.—Section 1304 of the Floyd D. 

Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398; 114 Stat. 1654A– 

341) is amended to read as follows: 22 USC 5952 

note. 

115 STAT. 1256 PUBLIC LAW 107–107—DEC. 28, 2001
 

22 USC 5959. 

‘‘SEC. 1304. LIMITATION ON USE OF FUNDS FOR FISSILE MATERIAL 

STORAGE FACILITY. 

‘‘Out of funds authorized to be appropriated for Cooperative 

Threat Reduction programs for fiscal year 2001 or any other fiscal 

year, not more than $412,600,000 may be used for planning, design, 

or construction of the first wing for the storage facility for Russian 

fissile material referred to in section 1302(a)(5) other than planning, 

design, or construction to improve security at such first wing.’’. 

SEC. 1306. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN 

CONSTRUCTION ACTIVITIES. 

No fiscal year 2002 Cooperative Threat Reduction funds may 

be used for construction activities carried out under Russia’s program to eliminate the production of weapons grade plutonium. 

SEC. 1307. REPORTS ON ACTIVITIES AND ASSISTANCE UNDER 

COOPERATIVE THREAT REDUCTION PROGRAMS. 

Section 1308(c)(4) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–342) is amended— 

(1) in the matter preceding subparagraph (A)— 

(A) by striking ‘‘audits’’ and all that follows through 

‘‘conducted’’ and inserting ‘‘means (including program 

management, audits, examinations, and other means) 

used’’; and 

(B) by striking ‘‘and that such assistance is being used 

for its intended purpose’’ and inserting ‘‘, that such assistance is being used for its intended purpose, and that such 

assistance is being used efficiently and effectively’’; 

(2) in subparagraph (C), by inserting ‘‘and an assessment 

of whether the assistance being provided is being used effectively and efficiently’’ before the semicolon; and 

(3) in subparagraph (D), by striking ‘‘audits, examinations, 

and other’’. 

SEC. 1308. CHEMICAL WEAPONS DESTRUCTION. 

Section 1305 of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 113 Stat. 794; 22 U.S.C. 

5952 note) is amended by inserting before the period at the end 

the following: ‘‘until the Secretary of Defense submits to Congress 

a certification that there has been— 

‘‘(1) information provided by Russia, that the United States 

assesses to be full and accurate, regarding the size of the 

chemical weapons stockpile of Russia; 

‘‘(2) a demonstrated annual commitment by Russia to allocate at least $25,000,000 to chemical weapons elimination; 

‘‘(3) development by Russia of a practical plan for 

destroying its stockpile of nerve agents; 

‘‘(4) enactment of a law by Russia that provides for the 

elimination of all nerve agents at a single site; 

‘‘(5) an agreement by Russia to destroy or convert its chemical weapons production facilities at Volgograd and 

Novocheboksark; and 

‘‘(6) a demonstrated commitment from the international 

community to fund and build infrastructure needed to support 

and operate the facility.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1257
 

SEC. 1309. ADDITIONAL MATTER IN ANNUAL REPORT ON ACTIVITIES 

AND ASSISTANCE UNDER COOPERATIVE THREAT REDUCTION PROGRAMS. 

Section 1308(c) of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

Public Law 106–398; 114 Stat. 1654A–341) (as amended by section 

1308) is further amended by adding at the end of the following 22 USC 5959. 

new paragraph: ‘‘(6) A description of the amount of the financial commitment from the international community, and from Russia, for
 

the chemical weapons destruction facility located at Shchuch’ye,
 

Russia, for the fiscal year beginning in the year in which
 

the report is submitted.’’.
 

TITLE XIV—ARMED FORCES
 

RETIREMENT HOME
 

Sec. 1401. Amendment of Armed Forces Retirement Home Act of 1991.
 

Sec. 1402. Definitions.
 

Sec. 1403. Revision of authority establishing the Armed Forces Retirement Home.


Sec. 1404. Chief Operating Officer.


Sec. 1405. Residents of Retirement Home.
 

Sec. 1406. Local Boards of Trustees.
 

Sec. 1407. Directors, Deputy Directors, Associate Directors, and staff of facilities.


Sec. 1408. Disposition of effects of deceased persons and unclaimed property.


Sec. 1409. Transitional provisions.


Sec. 1410. Conforming and clerical amendments and repeals of obsolete provisions.
 

SEC. 1401. AMENDMENT OF ARMED FORCES RETIREMENT HOME ACT 

OF 1991. 

Except as otherwise expressly provided, whenever in this title 

an amendment or repeal is expressed in terms of an amendment 

to, or a repeal of, a section or other provision, the reference shall 

be considered to be made to a section or other provision of the 

Armed Forces Retirement Home Act of 1991 (title XV of Public 

Law 101–510; 24 U.S.C. 401 et seq.). 

SEC. 1402. DEFINITIONS. 

Section 1502 (24 U.S.C. 401) is amended— 

(1) by striking paragraphs (1), (2), (3), (4), and (5), and
 

inserting the following new paragraphs:
 

‘‘(1) The term ‘Retirement Home’ includes the institutions
 

established under section 1511, as follows:
 

‘‘(A) The Armed Forces Retirement Home—Washington.
 

‘‘(B) The Armed Forces Retirement Home—Gulfport.
 

‘‘(2) The term ‘Local Board’ means a Local Board of Trustees
 

established under section 1516.
 

‘‘(3) The terms ‘Armed Forces Retirement Home Trust
 

Fund’ and ‘Fund’ mean the Armed Forces Retirement Home
 

Trust Fund established under section 1519(a).’’;
 

(2) by redesignating paragraphs (6), (7), and (8) as paragraphs (4), (5), and (6), respectively; and
 

(3) in paragraph (5), as so redesignated— 

(A) in subparagraph (C), by striking ‘‘, Manpower and 

Personnel’’ and inserting ‘‘for Personnel’’; and 

(B) in subparagraph (D), by striking ‘‘with responsibility for personnel matters’’ and inserting ‘‘for Manpower 

and Reserve Affairs’’. 

115 STAT. 1258 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 1403. REVISION OF AUTHORITY ESTABLISHING THE ARMED 

FORCES RETIREMENT HOME. 

Section 1511 (24 U.S.C. 411) is amended to read as follows: 

‘‘SEC. 1511. ESTABLISHMENT OF THE ARMED FORCES RETIREMENT 

HOME. 

‘‘(a) INDEPENDENT ESTABLISHMENT.—The Armed Forces Retirement Home is an independent establishment in the executive 

branch. 

‘‘(b) PURPOSE.—The purpose of the Retirement Home is to provide, through the Armed Forces Retirement Home—Washington 

and the Armed Forces Retirement Home—Gulfport, residences and 

related services for certain retired and former members of the 

Armed Forces. 

‘‘(c) FACILITIES.—(1) Each facility of the Retirement Home 

referred to in paragraph (2) is a separate establishment of the 

Retirement Home. 

‘‘(2) The United States Soldiers’ and Airmen’s Home is hereby 

redesignated as the Armed Forces Retirement Home—Washington. 

The Naval Home is hereby redesignated as the Armed Forces Retirement Home—Gulfport. 

‘‘(d) OPERATION.—(1) The Chief Operating Officer of the Armed 

Forces Retirement Home is the head of the Retirement Home. 

The Chief Operating Officer is subject to the authority, direction, 

and control of the Secretary of Defense. 

‘‘(2) Each facility of the Retirement Home shall be maintained 

as a separate establishment of the Retirement Home for administrative purposes and shall be under the authority, direction, and 

control of the Director of that facility. The Director of each facility 

of the Retirement Home is subject to the authority, direction, and 

control of the Chief Operating Officer. 

‘‘(e) PROPERTY AND FACILITIES.—(1) The Retirement Home shall 

include such property and facilities as may be acquired under 

paragraph (2) or accepted under section 1515(f) for inclusion in 

the Retirement Home. 

‘‘(2) The Secretary of Defense may acquire, for the benefit 

of the Retirement Home, property and facilities for inclusion in 

the Retirement Home. 

‘‘(3) The Secretary of Defense may dispose of any property 

of the Retirement Home, by sale, lease, or otherwise, that the 

Secretary determines is excess to the needs of the Retirement 

Home. The proceeds from such a disposal of property shall be 

deposited in the Armed Forces Retirement Home Trust Fund. No 

such disposal of real property shall be effective earlier than 120 

days after the date on which the Secretary transmits a notification 

of the proposed disposal to the Committees on Armed Services 

of the Senate and the House of Representatives. 

‘‘(f) DEPARTMENT OF DEFENSE SUPPORT.—The Secretary of 

Defense may make available from the Department of Defense to 

the Retirement Home, on a nonreimbursable basis, administrative 

support and office services, legal and policy planning assistance, 

access to investigative facilities of the Inspector General of the 

Department of Defense and of the military departments, and any 

other support necessary to enable the Retirement Home to carry 

out its functions under this title. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1259
 

‘‘(g) ACCREDITATION.—The Chief Operating Officer shall 

endeavor to secure for each facility of the Retirement Home accreditation by a nationally recognized civilian accrediting organization, 

such as the Continuing Care Accreditation Commission and the 

Joint Commission for Accreditation of Health Organizations. ‘‘(h) ANNUAL REPORT.—The Secretary of Defense shall transmit 

to Congress an annual report on the financial and other affairs 

of the Retirement Home for each fiscal year.’’. 

SEC. 1404. CHIEF OPERATING OFFICER. 

(a) ESTABLISHMENT AND AUTHORITY OF POSITION.—Section 1515 

(24 U.S.C. 415) is amended to read as follows: 

‘‘SEC. 1515. CHIEF OPERATING OFFICER. 

‘‘(a) APPOINTMENT.—(1) The Secretary of Defense shall appoint 

the Chief Operating Officer of the Retirement Home. ‘‘(2) The Chief Operating Officer shall serve at the pleasure 

of the Secretary of Defense. ‘‘(3) The Secretary of Defense shall evaluate the performance 

of the Chief Operating Officer at least once each year. ‘‘(b) QUALIFICATIONS.—To qualify for appointment as the Chief 

Operating Officer, a person shall— ‘‘(1) be a continuing care retirement community professional; ‘‘(2) have appropriate leadership and management skills; 

and ‘‘(3) have experience and expertise in the operation and 

management of retirement homes and in the provision of longterm medical care for older persons. 

‘‘(c) RESPONSIBILITIES.—(1) The Chief Operating Officer shall 

be responsible to the Secretary of Defense for the overall direction, 

operation, and management of the Retirement Home and shall 

report to the Secretary on those matters. ‘‘(2) The Chief Operating Officer shall supervise the operation 

and administration of the Armed Forces Retirement Home—Washington and the Armed Forces Retirement Home—Gulfport, including 

the Local Boards of those facilities. ‘‘(3) The Chief Operating Officer shall perform the following 

duties: ‘‘(A) Issue, and ensure compliance with, appropriate rules 

for the operation of the Retirement Home. ‘‘(B) Periodically visit, and inspect the operation of, the 

facilities of the Retirement Home. ‘‘(C) Periodically examine and audit the accounts of the 

Retirement Home. ‘‘(D) Establish any advisory body or bodies that the Chief 

Operating Officer considers to be necessary. 

‘‘(d) COMPENSATION.—(1) The Secretary of Defense may prescribe the pay of the Chief Operating Officer, except that the 

annual rate of basic pay, including locality pay, of the Chief Operating Officer may not exceed the annual rate of basic pay payable 

for level III of the Executive Schedule under section 5314 of title 

5, United States Code. 

‘‘(2) In addition to basic pay and any locality pay prescribed 

for the Chief Operating Officer, the Secretary may award the Chief 

Operating Officer, not more than once each year, a bonus based 

on the performance of the Chief Operating Officer for the year. 

The Secretary shall prescribe the amount of any such bonus. 

115 STAT. 1260 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(3) The total amount of the basic pay and bonus paid the 

Chief Operating Officer for a year under this section may not 

exceed the annual rate of basic pay payable for level I of the 

Executive Schedule under section 5312 of title 5, United States 

Code. 

‘‘(e) ADMINISTRATIVE STAFF.—(1) The Chief Operating Officer 

may, subject to the approval of the Secretary of Defense, appoint 

a staff to assist in the performance of the Chief Operating Officer’s 

duties in the overall administration of the Retirement Home. ‘‘(2) The Chief Operating Officer shall prescribe the rates of 

pay applicable to the members of the staff appointed under paragraph (1), except that— ‘‘(A) a staff member who is a member of the Armed Forces 

on active duty or who is a full-time officer or employee of 

the United States may not receive additional pay by reason 

of service on the administrative staff; and ‘‘(B) the limitations in section 5373 of title 5, United States 

Code, relating to pay set by administrative action, shall apply 

to the rates of pay prescribed under this paragraph. 

‘‘(f) ACCEPTANCE OF GIFTS.—(1) The Chief Operating Officer 

may accept gifts of money, property, and facilities on behalf of 

the Retirement Home. 

‘‘(2) Monies received as gifts, or realized from the disposition 

of property and facilities received as gifts, shall be deposited in 

the Armed Forces Retirement Home Trust Fund.’’. 

(b) TRANSFER OF AUTHORITIES.—(1) The following provisions 

are amended by striking ‘‘Retirement Home Board’’ each place 

it appears and inserting ‘‘Chief Operating Officer’’: 

(A) Section 1512 (24 U.S.C. 412), relating to eligibility 

and acceptance for residence in the Armed Forces Retirement 

Home. 

24 USC 413.	 (B) Section 1513(a) (24 U.S.C. 412(a)), relating to services 

provided to residents of the Armed Forces Retirement Home. 

(C) Section 1518(c) (24 U.S.C. 418(c)), relating to inspection 

of the Armed Forces Retirement Home. 

(2) Section 1519(c) (24 U.S.C. 419(c)), relating to authority 

to invest funds in the Armed Forces Retirement Home Trust Fund, 

is amended by striking ‘‘Director’’ and inserting ‘‘Chief Operating 

Officer’’. 

(3) Section 1521(a) (24 U.S.C. 421(a)), relating to payment 

of residents for services, is amended by striking ‘‘Chairman of 

the Armed Forces Retirement Board’’ and inserting ‘‘Chief Operating Officer’’. 

(4) Section 1522 (24 U.S.C. 422), relating to authority to accept 

certain uncompensated services, is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘Chairman of the Retirement Home 

Board or the Director of each establishment’’ and inserting 

‘‘Chief Operating Officer or the Director of a facility’’; and 

(ii) by striking ‘‘unless’’ and all that follows through 

‘‘Retirement Home Board’’; 

(B) in subsection (b)(1)— 

(i) by striking ‘‘Chairman of the Retirement Home 

Board or the Director of the establishment’’ and inserting 

‘‘Chief Operating Officer or the Director of a facility’’; and 

(ii) by inserting ‘‘offering the services’’ after ‘‘notify 

the person’’; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1261
 

(C) in subsection (b)(2), by striking ‘‘Chairman’’ and 

inserting ‘‘Chief Operating Officer’’; 

(D) in subsection (c), by striking ‘‘Chairman of the Retirement Home Board or the Director of an establishment’’ and 

inserting ‘‘Chief Operating Officer or the Director of a facility’’; 

and 

(E) in subsection (e)— (i) by striking ‘‘Chairman of the Retirement Board 

or the Director of the establishment’’ in the first sentence 

and inserting ‘‘Chief Operating Officer or the Director of 

a facility’’; and 

(ii) by striking ‘‘Chairman’’ in the second sentence and 

inserting ‘‘Chief Operating Officer’’. (5) Section 1523(b) (24 U.S.C. 423(b)), relating to preservation 

of historic buildings and grounds at the Armed Forces Retirement 

Home—Washington, is amended by striking ‘‘Chairman of the 

Retirement Home Board’’ and inserting ‘‘Chief Operating Officer’’. 

SEC. 1405. RESIDENTS OF RETIREMENT HOME. 

(a) REPEAL OF REQUIREMENT OF RESIDENT TO REAPPLY AFTER 

SUBSTANTIAL ABSENCE.—Subsection (e) of section 1512 (24 U.S.C. 

412) is repealed. 

(b) FEES PAID BY RESIDENTS.—Section 1514 (24 U.S.C. 414) 

is amended to read as follows: 

‘‘SEC. 1514. FEES PAID BY RESIDENTS. 

‘‘(a) MONTHLY FEES.—The Director of each facility of the Retirement Home shall collect a monthly fee from each resident of that 

facility. ‘‘(b) DEPOSIT OF FEES.—The Directors shall deposit fees collected under subsection (a) in the Armed Forces Retirement Home 

Trust Fund. ‘‘(c) FIXING FEES.—(1) The Chief Operating Officer, with the 

approval of the Secretary of Defense, shall from time to time prescribe the fees required by subsection (a). Changes to such fees 

shall be based on the financial needs of the Retirement Home 

and the ability of the residents to pay. A change of a fee may 

not take effect until 120 days after the Secretary of Defense transmits a notification of the change to the Committees on Armed 

Services of the Senate and the House of Representatives. ‘‘(2) The fee shall be fixed as a percentage of the monthly 

income and monthly payments (including Federal payments) 

received by a resident. The percentage shall be the same for each 

facility of the Retirement Home. The Secretary of Defense may 

make any adjustment in a percentage that the Secretary determines 

appropriate. ‘‘(3) The fee shall be subject to a limitation on maximum 

monthly amount. The amount of the limitation shall be increased, 

effective on January 1 of each year, by the percentage of the 

increase in retired pay and retainer pay that takes effect on the 

preceding December 1 under subsection (b) of section 1401a of 

title 10, United States Code, without regard to paragraph (3) of 

such subsection. The first increase in a limitation on maximum 

monthly amount shall take effect on January 1, 2003. 

‘‘(d) TRANSITIONAL FEE STRUCTURES.—(1) Until different fees 

are prescribed and take effect under subsection (c), the percentages 

and limitations on maximum monthly amount that are applicable 

to fees charged residents of the Retirement Home are (subject 

115 STAT. 1262 PUBLIC LAW 107–107—DEC. 28, 2001
 

to any adjustment that the Secretary of Defense determines appropriate) as follows: ‘‘(A) For months beginning before January 1, 2002— ‘‘(i) for a permanent health care resident, 65 percent 

(without limitation on maximum monthly amount); and ‘‘(ii) for a resident who is not a permanent health 

care resident, 40 percent (without limitation on maximum 

monthly amount). 

‘‘(B) For months beginning after December 31, 2001— ‘‘(i) for an independent living resident, 35 percent, but not to exceed $1,000 each month; ‘‘(ii) for an assisted living resident, 40 percent, but not to exceed $1,500 each month; and ‘‘(iii) for a long-term care resident, 65 percent, but not to exceed $2,500 each month. ‘‘(2) Notwithstanding the limitations on maximum monthly 

amount prescribed under subsection (c) or set forth in paragraph 

(1)(B), until the earlier of December 31, 2006, or the date on 

which an independent living resident or assisted living resident 

of the Armed Forces Retirement Home—Gulfport occupies a renovated room at that facility, as determined by the Secretary of 

Defense, the limitation on maximum monthly amount applicable 

to the resident for months beginning after December 31, 2001, 

shall be— 

‘‘(A) in the case of an independent living resident, $800; 

and ‘‘(B) in the case of an assisted living resident, $1,300.’’. 

SEC. 1406. LOCAL BOARDS OF TRUSTEES. 

Section 1516 (24 U.S.C. 416) is amended to read as follows: 

‘‘SEC. 1516. LOCAL BOARDS OF TRUSTEES. 

‘‘(a) ESTABLISHMENT.—Each facility of the Retirement Home 

shall have a Local Board of Trustees. ‘‘(b) DUTIES.—The Local Board for a facility shall serve in 

an advisory capacity to the Director of the facility and to the 

Chief Operating Officer. ‘‘(c) COMPOSITION.—(1) The Local Board for a facility shall 

consist of at least 11 members who (except as otherwise specifically 

provided) shall be appointed by the Secretary of Defense in consultation with each of the Secretaries of the military departments concerned. At least one member of the Local Board shall have a 

perspective that is oriented toward the Retirement Home overall. 

The Local Board for a facility shall consist of the following members: ‘‘(A) One member who is a civilian expert in nursing home 

or retirement home administration and financing from the geographical area of the facility. ‘‘(B) One member who is a civilian expert in gerontology 

from the geographical area of the facility. 

‘‘(C) One member who is a service expert in financial 

management. 

‘‘(D) One representative of the Department of Veterans 

Affairs regional office nearest in proximity to the facility, who 

shall be designated by the Secretary of Veterans Affairs. 

‘‘(E) One representative of the resident advisory committee 

or council of the facility. 

‘‘(F) One enlisted representative of the Services’ Retiree 

Advisory Council. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1263
 

‘‘(G) The senior noncommissioned officer of one of the 

Armed Forces. ‘‘(H) One senior representative of the military hospital 

nearest in proximity to the facility. 

‘‘(I) One senior judge advocate from one of the Armed 

Forces. 

‘‘(J) The Director of the facility, who shall be a nonvoting 

member. 

‘‘(K) One senior representative of one of the chief personnel 

officers of the Armed Forces. 

‘‘(L) Other members designated by the Secretary of Defense 

(if the Local Board is to have more than 11 members). 

‘‘(2) The Secretary of Defense shall designate one member of 

a Local Board to serve as the chairman of the Local Board at 

the pleasure of the Secretary of Defense. 

‘‘(d) TERMS.—(1) Except as provided in subsections (e), (f), and 

(g), the term of office of a member of a Local Board shall be 

five years. ‘‘(2) Unless earlier terminated by the Secretary of Defense, 

a person may continue to serve as a member of the Local Board 

after the expiration of the member’s term until a successor is 

appointed or designated, as the case may be. ‘‘(e) EARLY EXPIRATION OF TERM.—A member of a Local Board 

who is a member of the Armed Forces or an employee of the 

United States serves as a member of the Local Board only for 

as long as the member is assigned to or serving in a position 

for which the duties include the duty to serve as a member of 

the Local Board. 

‘‘(f) VACANCIES.—(1) A vacancy in the membership of a Local 

Board shall be filled in the manner in which the original appointment or designation was made, as the case may be. 

‘‘(2) A member appointed or designated to fill a vacancy occurring before the end of the term of the predecessor of the member 

shall be appointed or designated, as the case may be, for the 

remainder of the term for which the predecessor was appointed. ‘‘(3) A vacancy in a Local Board shall not affect its authority 

to perform its duties. 

‘‘(g) EARLY TERMINATION.—The Secretary of Defense may terminate the appointment of a member of a Local Board before the 

expiration of the member’s term for any reason that the Secretary 

determines appropriate. 

‘‘(h) COMPENSATION.—(1) Except as provided in paragraph (2), 

a member of a Local Board shall— 

‘‘(A) be provided a stipend consistent with the daily government consultant fee for each day on which the member is 

engaged in the performance of services for the Local Board; 

and 

‘‘(B) while away from home or regular place of business 

in the performance of services for the Local Board, be allowed 

travel expenses (including per diem in lieu of subsistence) in 

the same manner as a person employed intermittently in 

Government under sections 5701 through 5707 of title 5, United 

States Code. 

‘‘(2) A member of a Local Board who is a member of the 

Armed Forces on active duty or a full-time officer or employee 

of the United States shall receive no additional pay by reason 

of serving as a member of a Local Board.’’. 

115 STAT. 1264 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 1407. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS, 

AND STAFF OF FACILITIES. 

Section 1517 (24 U.S.C. 417) is amended to read as follows: 

‘‘SEC. 1517. DIRECTORS, DEPUTY DIRECTORS, ASSOCIATE DIRECTORS, 

AND STAFF OF FACILITIES. 

‘‘(a) APPOINTMENT.—The Secretary of Defense shall appoint 

a Director, a Deputy Director, and an Associate Director for each 

facility of the Retirement Home. 

‘‘(b) DIRECTOR.—The Director of a facility shall— 

‘‘(1) be a civilian with experience as a continuing care 

retirement community professional or a member of the Armed 

Forces serving on active duty in a grade below brigadier general 

or, in the case of the Navy, rear admiral (lower half); 

‘‘(2) have appropriate leadership and management skills; 

and 

‘‘(3) be required to pursue a course of study to receive 

certification as a retirement facilities director by an appropriate 

civilian certifying organization, if the Director is not so certified 

at the time of appointment. 

‘‘(c) DUTIES OF DIRECTOR.—(1) The Director of a facility shall 

be responsible for the day-to-day operation of the facility, including 

the acceptance of applicants to be residents of that facility. 

‘‘(2) The Director of a facility shall keep accurate and complete 

records of the facility. 

‘‘(d) DEPUTY DIRECTOR.—(1) The Deputy Director of a facility 

shall— 

‘‘(A) be a civilian with experience as a continuing care 

retirement community professional or a member of the Armed 

Forces serving on active duty in a grade below colonel or, 

in the case of the Navy, captain; and 

‘‘(B) have appropriate leadership and management skills. 

‘‘(2) The Deputy Director of a facility shall serve at the pleasure 

of the Secretary of Defense. 

‘‘(e) DUTIES OF DEPUTY DIRECTOR.—The Deputy Director of 

a facility shall, under the authority, direction, and control of the 

Director of the facility, perform such duties as the Director may 

assign. 

‘‘(f) ASSOCIATE DIRECTOR.—(1) The Associate Director of a 

facility shall— 

‘‘(A) be a member of the Armed Forces serving on active 

duty in the grade of Sergeant Major, Master Chief Petty Officer, 

or Chief Master Sergeant or a member or former member 

retired in that grade; and 

‘‘(B) have appropriate leadership and management skills. 

‘‘(2) The Associate Director of a facility shall serve at the 

pleasure of the Secretary of Defense. 

‘‘(g) DUTIES OF ASSOCIATE DIRECTOR.—The Associate Director 

of a facility shall, under the authority, direction, and control of 

the Director and Deputy Director of the facility, serve as ombudsman for the residents and perform such other duties as the Director 

may assign. 

‘‘(h) STAFF.—(1) The Director of a facility may, subject to the 

approval of the Chief Operating Officer, appoint and prescribe the 

pay of such principal staff as the Director considers appropriate 

to assist the Director in operating the facility. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1265
 

‘‘(2) The principal staff of a facility shall include persons with 

experience and expertise in the operation and management of retirement homes and in the provision of long-term medical care for 

older persons. 

‘‘(i) ANNUAL EVALUATION OF DIRECTORS.—(1) The Chief Operating Officer shall evaluate the performance of each of the Directors 

of the facilities of the Retirement Home each year. ‘‘(2) The Chief Operating Officer shall submit to the Secretary 

of Defense any recommendations regarding a Director that the 

Chief Operating Officer determines appropriate taking into consideration the annual evaluation.’’. 

SEC. 1408. DISPOSITION OF EFFECTS OF DECEASED PERSONS AND 

UNCLAIMED PROPERTY. 

(a) LEGAL REPRESENTATION FOR RETIREMENT HOME.—Subsection (b)(2)(A) of section 1520 (24 U.S.C. 420) is amended by 

inserting ‘‘who is a full-time officer or employee of the United 

States or a member of the Armed Forces on active duty’’ after ‘‘may designate an attorney’’. (b) CORRECTION OF REFERENCE.—Subsection (b)(1)(B) of such 

section is amended by inserting ‘‘Armed Forces’’ before ‘‘Retirement 

Home Trust Fund’’. 

SEC. 1409. TRANSITIONAL PROVISIONS. 

Part B is amended by striking sections 1531, 1532, and 1533 

and inserting the following new sections: 

‘‘SEC. 1531. TEMPORARY CONTINUATION OF ARMED FORCES RETIREMENT HOME BOARD. 

‘‘Until the Secretary of Defense appoints the first Chief Operating Officer after the enactment of the National Defense Authorization Act for Fiscal Year 2002, the Armed Forces Retirement Home 

Board, as constituted on the day before the date of the enactment 

of that Act, shall continue to serve and shall perform the duties 

of the Chief Operating Officer. 

‘‘SEC. 1532. DIRECTORS OF FACILITIES. 

‘‘(a) ACTIVE DUTY OFFICERS.—During the three-year period 

beginning on the date of the enactment of the National Defense 

Authorization Act for Fiscal Year 2002, the Directors and Deputy 

Directors of the facilities shall be members of the Armed Forces 

serving on active duty, notwithstanding the authority in subsections 

(b) and (d) of section 1517 for the Directors and Deputy Directors 

to be civilians. 

‘‘(b) TEMPORARY CONTINUATION OF DIRECTOR OF THE ARMED 

FORCES RETIREMENT HOME—WASHINGTON.—The person serving as 

the Director of the Armed Forces Retirement Home—Washington 

on the day before the enactment of the National Defense Authorization Act for Fiscal Year 2002 may continue to serve as the Director 

of that facility until April 2, 2002. 

‘‘SEC. 1533. TEMPORARY CONTINUATION OF INCUMBENT DEPUTY 

DIRECTORS. 

‘‘A person serving as the Deputy Director of a facility of the 

Retirement Home on the day before the enactment of the National 

Defense Authorization Act for Fiscal Year 2002 may continue to 

serve, at the pleasure of the Secretary of Defense, as the Deputy 

Director until the date on which a Deputy Director is appointed 

10 USC 2772 

note; 24 USC 

431. 

24 USC 431. 

24 USC 432. 

24 USC 433. 

115 STAT. 1266 PUBLIC LAW 107–107—DEC. 28, 2001
 

24 USC 401 note, 

441. 

for that facility under section 1517, except that the service in 

that position may not continue under this section after December 

31, 2004.’’. 

SEC. 1410. CONFORMING AND CLERICAL AMENDMENTS AND REPEALS 

OF OBSOLETE PROVISIONS. 

(a) CONFORMING AMENDMENTS.—(1) Section 1513(b) (24 U.S.C. 

413(b)), relating to services provided to residents of the Armed 

Forces Retirement Home, is amended by striking ‘‘maintained as 

a separate establishment’’ in the second sentence. 

(2) The heading for section 1519 (24 U.S.C. 419) is amended 

to read as follows: 

‘‘SEC. 1519. ARMED FORCES RETIREMENT HOME TRUST FUND.’’. 

(3) Section 1520 (24 U.S.C. 420), relating to disposition of 

effects of deceased persons and unclaimed property, is amended— 

(A) in subsection (a), by striking ‘‘each facility that is 

maintained as a separate establishment’’ and inserting ‘‘a 

facility’’; 

(B) in subsection (b)(2)(A), by striking ‘‘maintained as a 

separate establishment’’; and 

(C) in subsection (e), by striking ‘‘Directors’’ and inserting 

‘‘Director of the facility’’. 

(4)(A) Section 1523 (24 U.S.C. 423), relating to preservation 

of historic buildings and grounds at the Armed Forces Retirement 

Home—Washington, is amended by striking ‘‘United States Soldiers’ 

and Airmen’s Home’’ each place it appears and inserting ‘‘Armed 

Forces Retirement Home—Washington’’. 

(B) The heading for such section is amended to read as follows: 

‘‘SEC. 1523. PRESERVATION OF HISTORIC BUILDINGS AND GROUNDS 

AT THE ARMED FORCES RETIREMENT HOME—WASHINGTON.’’. 

(5) Section 1524 (24 U.S.C. 424), relating to conditional supervisory control of the Retirement Home Board, is repealed. 

(b) REPEAL OF OBSOLETE PROVISIONS.—The following provisions 

are repealed: 

(1) Section 1512(f) (24 U.S.C. 412(f)), relating to the applicability of certain eligibility requirements. 

(2) Section 1519(d) (24 U.S.C. 419(d)), relating to transitional accounts in the Armed Forces Retirement Home Trust 

Fund. 

(3) Part C, relating to effective date and authorization 

of appropriations. 

(c) ADDITION OF TABLE OF CONTENTS.—Section 1501 (24 U.S.C. 

401 note) is amended— (1) by inserting ‘‘(a) SHORT TITLE.—’’ before ‘‘This title’’; 

and 

(2) by adding at the end the following new subsection: ‘‘(b) TABLE OF CONTENTS.—The table of contents for this title 

is as follows: 

‘‘Sec. 1501. Short title; table of contents. 

‘‘Sec. 1502. Definitions. 

‘‘PART A—ESTABLISHMENT AND OPERATION OF RETIREMENT HOME 

‘‘Sec. 1511. Establishment of the Armed Forces Retirement Home.
 

‘‘Sec. 1512. Residents of Retirement Home.
 

‘‘Sec. 1513. Services provided residents.


‘‘Sec. 1514. Fees paid by residents.
 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1267
 

‘‘Sec. 1515. Chief Operating Officer.

‘‘Sec. 1516. Local Boards of Trustees. 

‘‘Sec. 1517. Directors, Deputy Directors, Associate Directors, and staff of facilities.

‘‘Sec. 1518. Inspection of Retirement Home.

‘‘Sec. 1519. Armed Forces Retirement Home Trust Fund. 

‘‘Sec. 1520. Disposition of effects of deceased persons; unclaimed property.

‘‘Sec. 1521. Payment of residents for services.

‘‘Sec. 1522. Authority to accept certain uncompensated services.

‘‘Sec. 1523. Preservation of historic buildings and grounds at the Armed Forces Retirement Home—Washington. 

‘‘PART B—TRANSITIONAL PROVISIONS 

‘‘Sec. 1531. Temporary Continuation of Armed Forces Retirement Home Board.


‘‘Sec. 1532. Directors of Facilities.
 

‘‘Sec. 1533. Temporary Continuation of Incumbent Deputy Directors.’’.
 

TITLE XV—ACTIVITIES RELATING TO
 

COMBATING TERRORISM
 

Subtitle A—Increased Funding for Combating Terrorism 

Sec. 1501. Definitions. 

Sec. 1502. Authorization of emergency appropriations for fiscal year 2001 made by 

Public Law 107–38 and allocated for national defense functions. 

Sec. 1503. Authorization of emergency supplemental appropriations for fiscal year 

2002. 

Sec. 1504. Authorization of use of funds for military construction projects.

Sec. 1505. Treatment of transferred amounts. 

Sec. 1506. Quarterly reports. 

Subtitle B—Policy Matters Relating to Combating Terrorism 

Sec. 1511. Study and report on the role of the Department of Defense with respect 

to homeland security.

Sec. 1512. Combating Terrorism Readiness Initiatives Fund for combatant commands. 

Sec. 1513. Conveyances of equipment and related materials loaned to State and 

local governments as assistance for emergency response to a use or 

threatened use of a weapon of mass destruction.

Sec. 1514. Two-year extension of advisory panel to assess domestic response capabilities for terrorism involving weapons of mass destruction. 

Subtitle A—Increased Funding for
 

Combating Terrorism
 

SEC. 1501. DEFINITIONS. 

For purposes of this subtitle: 

(1) The term ‘‘ETR Supplemental Appropriations Act, 2001’’ 

means the 2001 Emergency Supplemental Appropriations Act 

for Recovery from and Response to Terrorist Attacks on the 

United States (Public Law 107–38). 

(2) The term ‘‘Emergency Supplemental Appropriations Act, 

2002’’ means an Act (or a portion of an Act) making available 

for obligation emergency appropriations that were provided, 

subject to enactment in a subsequent appropriation Act, in 

the ETR Supplemental Appropriations Act, 2001. 

SEC. 1502. AUTHORIZATION OF EMERGENCY APPROPRIATIONS FOR 

FISCAL YEAR 2001 MADE BY PUBLIC LAW 107–38 AND ALLOCATED FOR NATIONAL DEFENSE FUNCTIONS. 

(a) ADJUSTMENT IN AUTHORIZATION AMOUNTS.—(1) Subject to 

paragraph (2), amounts authorized to be appropriated for fiscal 

year 2001 in the Floyd D. Spence National Defense Authorization 

115 STAT. 1268 PUBLIC LAW 107–107—DEC. 28, 2001
 

Act for Fiscal Year 2001 (as enacted into law by Public Law 106– 

398) are hereby increased, with respect to any such authorized 

amount, by the amount (if any) by which appropriations pursuant 

to such authorization are increased by amounts appropriated in 

the ETR Supplemental Appropriations Act, 2001, and transferred 

by the President (before the date of the enactment of this Act) 

to the Department of Defense or the National Nuclear Security 

Administration and subsequently allocated to such appropriations. 

(2) Authorization amounts may not be increased under paragraph (1) in excess of amounts derived from allocation of the 

amounts specified in subsection (b), for the Department of Defense, 

and in subsection (c), for the National Nuclear Security Administration. 

(b) DEPARTMENT OF DEFENSE.—Amounts referred to in subsection (a)(2) for the Department of Defense are amounts for emergency expenses to respond to the terrorist attacks on the United 

States that occurred on September 11, 2001, allocated to the Department of Defense for fiscal year 2001 for the use of the Armed 

Forces and other activities and agencies of the Department of 

Defense, including the purposes stated in section 1504, in the 

total amount of $13,741,000,000, as follows: 

(1) INCREASED SITUATIONAL AWARENESS.—For Increased 

Situational Awareness, $4,272,000,000. 

(2) ENHANCED FORCE PROTECTION.—For Enhanced Force 

Protection, $1,509,000,000. 

(3) IMPROVED COMMAND AND CONTROL.—For Improved 

Command and Control, $1,403,000,000. 

(4) INCREASED WORLDWIDE POSTURE.—For Increased Worldwide Posture, $3,603,000,000. 

(5) OFFENSIVE COUNTERTERRORISM.—For Offensive Counterterrorism, $1,459,000,000. 

(6) INITIAL CRISIS RESPONSE.—For Initial Crisis Response, 

$637,000,000. 

(7) PENTAGON REPAIR AND UPGRADE.—For Pentagon Repair 

and Upgrade Activities, $530,000,000. 

(8) FUEL COSTS.—For increased fuel costs, $100,000,000. 

(9) AIRPORT AND BORDER SECURITY.—For airport and border 

security, $228,000,000. 

(c) NNSA.—The amount referred to in subsection (a)(2) for 

the National Nuclear Security Administration is the amount of 

$5,000,000 for emergency expenses to respond to the terrorist 

attacks on the United States that occurred on September 11, 2001, 

allocated for fiscal year 2001 atomic energy defense activities of 

the National Nuclear Security Administration for weapons activities. 

(d) TREATMENT AS ADDITIONAL AUTHORIZATIONS.—The amounts 

authorized to be appropriated by this section are in addition to 

amounts otherwise authorized to be appropriated by the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398) or any other Act, 

for fiscal year 2001 for the use of the Armed Forces and other 

activities and agencies of the Department of Defense and for the 

use of the National Nuclear Security Administration. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1269
 

SEC. 1503. AUTHORIZATION OF EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 2002. 

(a) DEPARTMENT OF DEFENSE.—For emergency expenses to 

respond to the September 11, 2001, terrorist attacks on the United 

States, funds are hereby authorized to be appropriated to the 

Defense Emergency Response Fund for fiscal year 2002 for the 

use of the Armed Forces and other activities and agencies of the 

Department of Defense, including the purposes stated in section 

1504, in the total amount of $7,349,000,000, as follows: 

(1) INCREASED SITUATIONAL AWARENESS.—For Increased 

Situational Awareness, $1,735,000,000. 

(2) ENHANCED FORCE PROTECTION.—For Enhanced Force 

Protection, $881,000,000. 

(3) IMPROVED COMMAND AND CONTROL.—For Improved Command and Control, $219,000,000. 

(4) INCREASED WORLDWIDE POSTURE.—For Increased Worldwide Posture, $2,938,000,000. 

(5) OFFENSIVE COUNTERTERRORISM.—For Offensive Counterterrorism, $545,000,000. 

(6) INITIAL CRISIS RESPONSE.—For Initial Crisis Response, $106,000,000. 

(7) PENTAGON REPAIR AND UPGRADE.—For Pentagon Repair 

and Upgrade Activities, $925,000,000. 

(b) NNSA.—For emergency expenses to respond to the September 11, 2001, terrorist attacks on the United States and for 

other expenses to increase the security of the Nation’s nuclear 

weapons complex, funds are hereby authorized to be appropriated 

for fiscal year 2002 for the atomic energy defense activities of 

the National Nuclear Security Administration in the amount of 

$106,000,000, to be available for weapons activities. 

(c) DEPARTMENT OF ENERGY.—For emergency expenses to 

respond to the September 11, 2001, terrorist attacks on the United 

States, funds are hereby authorized to be appropriated for fiscal 

year 2002 to the Department of Energy in the total amount of 

$11,700,000, as follows: 

(1) For Defense Environmental Restoration and Waste 

Management, $8,200,000. 

(2) For Other Defense Activities, $3,500,000. 

(d) TRANSFER OF DEFENSE FUNDS.—In order to carry out the 

specified purposes in subsection (a), the Secretary of Defense may 

transfer amounts authorized by subsection (a) from the Defense 

Emergency Response Fund to any other defense appropriations 

account, including the account ‘‘Support for International Sporting 

Events, Defense’’ and any military construction account as provided 

in section 1504. 

(e) AVAILABILITY.—Amounts appropriated pursuant to 

authorizations in this section may remain available until expended, 

if so provided in appropriations Acts. 

(f) SOURCE OF FUNDS.—Amounts appropriated pursuant to 

authorizations in this section shall be derived from amounts provided, subject to subsequent appropriation, in the ETR Supplemental Appropriations Act, 2001. 

(g) TREATMENT AS ADDITIONAL AUTHORIZATIONS.—The amounts 

authorized to be appropriated by this section are in addition to 

amounts otherwise authorized to be appropriated, by the other 

provisions of this Act or by any other Act, for fiscal year 2001 

for the use of the Armed Forces and other activities and agencies 

115 STAT. 1270 PUBLIC LAW 107–107—DEC. 28, 2001
 

of the Department of Defense and for the use of the National 

Nuclear Security Administration. 

SEC. 1504. AUTHORIZATION OF USE OF FUNDS FOR MILITARY 

CONSTRUCTION PROJECTS. 

(a) AUTHORITY FOR USE OF FUNDS.—Qualified emergency 

defense appropriations may be used to acquire real property and 

carry out military construction projects not otherwise authorized 

by law that the Secretary of Defense determines are necessary 

to respond to or protect against acts or threatened acts of terrorism 

or to respond to the terrorist attacks on the United States that 

occurred on September 11, 2001. 

(b) PROJECT AUTHORIZATION.—Any project with respect to which 

the Secretary makes a determination under subsection (a) and 

that is to be carried out using qualified emergency defense appropriations is hereby authorized for purposes of section 2802 of title 

10, United States Code. 

(c) QUALIFIED EMERGENCY DEFENSE APPROPRIATIONS.—For purposes of this subsection, the term ‘‘qualified emergency defense 

appropriations’’ means emergency appropriations available to the 

Department of Defense that are authorized by section 1502 or 

1503. 

SEC. 1505. TREATMENT OF TRANSFERRED AMOUNTS. 

Amounts transferred under authority of section 1502 or 1503 

shall be merged with, and shall be available for the same purposes 

and for the same time period as, the accounts to which transferred. 

The transfer authority under those sections is in addition to the 

transfer authority provided by section 1001 or any other provision 

of law. 

SEC. 1506. QUARTERLY REPORTS. 

(a) QUARTERLY REPORT.—Promptly after the end of each quarter 

of a fiscal year, the Secretary of Defense and the Director of Central 

Intelligence shall each submit to the congressional defense committees a report (in classified and unclassified form, as needed) on 

the use of funds authorized by this subtitle. Each such report 

shall, at a minimum, specify the following: 

(1) Any balance of funds remaining in the Defense Emergency Response Fund as of the end of the quarter covered 

by the report. 

(2) The accounts to which funds have been transferred 

or are to be transferred and the amount of each such transfer. 

(3) Within such accounts, each project to which any such 

funds have been transferred or are to be transferred and the 

amount of funds obligated and the amount expended for each 

such project as of the end of the quarter covered by the report. 

Deadline.	 (b) INITIAL REPORT.—The first report under subsection (a) shall 

be submitted not later than January 2, 2002. 

(c) FINAL REPORT.—No further report under subsection (a) is 

required after all funds made available to the Department of 

Defense pursuant to such Act have been obligated. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1271
 

Subtitle B—Policy Matters Relating to
 

Combating Terrorism
 

SEC. 1511. STUDY AND REPORT ON THE ROLE OF THE DEPARTMENT 

OF DEFENSE WITH RESPECT TO HOMELAND SECURITY. 

(a) STUDY REQUIRED.—The Secretary of Defense shall conduct 

a study on the appropriate role of the Department of Defense 

with respect to homeland security. The study shall identify and 

describe the policies, plans, and procedures of the Department 

of Defense for combating terrorism, including for the provision 

of support for the consequence management activities of other Federal, State, and local agencies. The study shall specifically identify 

the following: 

(1) The strategy, roles, and responsibilities of the Department of Defense for combating terrorism. 

(2) How the Department of Defense will interact with the 

Office of Homeland Security and how intelligence sharing 

efforts of the Department of Defense will be organized relative 

to other Federal agencies and departments and State and local 

governments. 

(3) The ability of the Department of Defense to protect 

the United States from airborne threats, including threats originating from within the borders of the United States. 

(4) Improvements that could be made to enhance the security of the people of the United States against terrorist threats 

and recommended actions (including legislative action) and programs to address and overcome existing vulnerabilities. 

(5) The policies, plans, and procedures relating to how 

the civilian official in the Department of Defense responsible 

for combating terrorism and the Joint Task Force Civil Support 

of the Joint Forces Command will coordinate the performance 

of functions for combating terrorism with— 

(A) teams in the Department of Defense that have 

responsibilities for responding to acts or threats of terrorism, including— 

(i) weapons of mass destruction civil support teams 

when operating as the National Guard under the command of the Governor of a State, the Governor of 

Puerto Rico, or the Commanding General of the District 

of Columbia National Guard; 

(ii) weapons of mass destruction civil support 

teams when operating as the Army National Guard 

of the United States or the Air National Guard of 

the United States under the command of the President; 

(iii) teams in the departments and agencies of 

the Federal Government other than the Department 

of Defense that have responsibilities for responding 

to acts or threats of terrorism; 

(iv) organizations outside the Federal Government, 

including any State, local and private entities, that 

function as first responders to acts or threats of terrorism; and 

(v) units and organizations of the Reserve Components of the Armed Forces that have missions relating 

to combating terrorism; 

115 STAT. 1272 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

(B) the Director of Military Support of the Department 

of the Army; 

(C) any preparedness plans to combat terrorism that 

are developed for installations of the Department of 

Defense by the commanders of the installations and the 

integration of those plans with the plans of the teams 

and organizations described in subparagraph (A); 

(D) the policies, plans and procedures for using and 

coordinating the integrated vulnerability assessment teams 

of the Joint Staff inside and outside the United States; 

and 

(E) the missions of Fort Leonard Wood and other 

installations for training units, weapons of mass destruction civil support teams and other teams, and individuals 

in combating terrorism. 

(6) The appropriate number and missions of the teams 

referred to in paragraph (5)(A)(i). 

(7) How the Department of Defense Weapons of Mass 

Destruction Civil Support Teams should interact with the Federal Bureau of Investigation and the Federal Emergency 

Management Agency during crisis response and consequence 

management situations. 

(b) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to Congress 

a report including the findings of the study conducted under subsection (a). 

SEC. 1512. COMBATING TERRORISM READINESS INITIATIVES FUND 

FOR COMBATANT COMMANDS. 

(a) FUNDING FOR INITIATIVES.—Chapter 6 of title 10, United 

States Code, is amended by inserting after section 166a the following new section: 

‘‘§ 166b. Combatant commands: funding for combating terrorism readiness initiatives 

‘‘(a) COMBATING TERRORISM READINESS INITIATIVES FUND.— 

From funds made available in any fiscal year for the budget account 

in the Department of Defense known as the ‘Combating Terrorism 

Readiness Initiatives Fund’, the Chairman of the Joint Chiefs of 

Staff may provide funds to the commander of a combatant command, upon the request of the commander, or, with respect to 

a geographic area or areas not within the area of responsibility 

of a commander of a combatant command, to an officer designated 

by the Chairman of the Joint Chiefs of Staff for such purpose. 

The Chairman may provide such funds for initiating any activity 

named in subsection (b) and for maintaining and sustaining the 

activity for the fiscal year in which initiated and one additional 

fiscal year. 

‘‘(b) AUTHORIZED ACTIVITIES.—Activities for which funds may 

be provided under subsection (a) are the following: 

‘‘(1) Procurement and maintenance of physical security 

equipment. 

‘‘(2) Improvement of physical security sites. 

‘‘(3) Under extraordinary circumstances— 

‘‘(A) physical security management planning; 

‘‘(B) procurement and support of security forces and 

security technicians; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1273
 

‘‘(C) security reviews and investigations and vulnerability assessments; and ‘‘(D) any other activity relating to physical security. ‘‘(c) PRIORITY.—The Chairman of the Joint Chiefs of Staff, in 

considering requests for funds in the Combating Terrorism Readiness Initiatives Fund, should give priority consideration to emergency or emergent unforeseen high-priority requirements for combating terrorism. ‘‘(d) RELATIONSHIP TO OTHER FUNDING.—Any amount provided 

by the Chairman of the Joint Chiefs of Staff for a fiscal year 

out of the Combating Terrorism Readiness Initiatives Fund for 

an activity referred to in subsection (b) shall be in addition to 

amounts otherwise available for that activity for that fiscal year. ‘‘(e) LIMITATION.—Funds may not be provided under this section 

for any activity that has been denied authorization by Congress.’’. (b) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating 

to section 166a the following new item: 

‘‘166b. Combatant commands: funding for combating terrorism readiness initiatives.’’. 

SEC. 1513. CONVEYANCES OF EQUIPMENT AND RELATED MATERIALS 

LOANED TO STATE AND LOCAL GOVERNMENTS AS ASSISTANCE FOR EMERGENCY RESPONSE TO A USE OR THREATENED USE OF A WEAPON OF MASS DESTRUCTION. 

Section 1412(e) of the Defense Against Weapons of Mass 

Destruction Act of 1996 (title XIV of Public Law 104–201; 110 

Stat. 2718; 50 U.S.C. 2312(e)) is amended by adding at the end 

the following new paragraph: ‘‘(5) A conveyance of ownership of United States property 

to a State or local government, without cost and without regard 

to subsection (f) and title II of the Federal Property and 

Administrative Services Act of 1949 (or any other provision 

of law relating to the disposal of property of the United States), 

if the property is equipment, or equipment and related materials, that is in the possession of the State or local government 

on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2002 pursuant to a loan of the property 

as assistance under this section.’’. 

SEC. 1514. TWO-YEAR EXTENSION OF ADVISORY PANEL TO ASSESS 

DOMESTIC RESPONSE CAPABILITIES FOR TERRORISM 

INVOLVING WEAPONS OF MASS DESTRUCTION. 

(a) EXTENSION OF ADVISORY PANEL.—Section 1405 of the Strom 

Thurmond National Defense Authorization Act for Fiscal Year 1999 

(50 U.S.C. 2301 note) is amended— 

(1) in subsection (h)(2), by striking ‘‘2001’’ and inserting 

‘‘2003’’; and 

(2) in subsection (l), by striking ‘‘three years’’ and inserting 

‘‘five years’’. 

(b) PAY AND EXPENSES OF MEMBERS.—(1) Subsection (k) of 

such section is amended to read as follows: 

‘‘(k) COMPENSATION OF PANEL MEMBERS.—The provisions of 

paragraph (4) of section 591(c) of the Foreign Operations, Export 

Financing, and Related Programs Appropriations Act, 1999 (as contained in section 101(d) of division A of the Omnibus Consolidated 

and Emergency Supplemental Appropriations Act, 1999 (Public Law 

105–277; 112 Stat. 2681–212)), shall apply to members of the panel 

115 STAT. 1274 PUBLIC LAW 107–107—DEC. 28, 2001
 

50 USC 2301 

note. 

42 USC 1973ff 

note. 

in the same manner as to members of the National Commission 

on Terrorism under that paragraph.’’. (2) The amendment made by paragraph (1) shall apply with 

respect to periods of service on the advisory panel under section 

1405 of the Strom Thurmond National Defense Authorization Act 

for Fiscal Year 1999 on or after the date of the enactment of 

this Act. 

TITLE XVI—UNIFORMED SERVICES 

VOTING 

Sec. 1601. Sense of Congress regarding the importance of voting.


Sec. 1602. Voting assistance programs.


Sec. 1603. Guarantee of residency for military personnel.


Sec. 1604. Electronic voting demonstration project.


Sec. 1605. Governors’ reports on implementation of recommendations for changes
 

in State law made under Federal Voting Assistance Program.

Sec. 1606. Simplification of voter registration and absentee ballot application procedures for absent uniformed services and overseas voters. 

Sec. 1607. Use of certain Department of Defense facilities as polling places. 

SEC. 1601. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF 

VOTING. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

each person who is an administrator of a Federal, State, or local 

election— 

(1) should be aware of the importance of the ability of 

each uniformed services voter to exercise the right to vote; 

and 

(2) should perform that person’s duties as an election 

administrator with the intent to ensure that— 

(A) each uniformed services voter receives the utmost 

consideration and cooperation when voting; 

(B) each valid ballot cast by such a voter is duly 

counted; and 

(C) all eligible American voters, regardless of race, 

ethnicity, disability, the language they speak, or the 

resources of the community in which they live, should 

have an equal opportunity to cast a vote and to have 

that vote counted. 

(b) UNIFORMED SERVICES VOTER DEFINED.—In this section, the 

term ‘‘uniformed services voter’’ means— (1) a member of a uniformed service (as defined in section 

101(a)(5) of title 10, United States Code) in active service; 

(2) a member of the merchant marine (as defined in section 

107 of the Uniformed and Overseas Citizens Absentee Voting 

Act (42 U.S.C. 1973ff–6)); and 

(3) a spouse or dependent of a member referred to in 

paragraph (1) or (2) who is qualified to vote. 

SEC. 1602. VOTING ASSISTANCE PROGRAMS. 

(a) IN GENERAL.—(1) Chapter 80 of title 10, United States 

Code, is amended by adding at the end the following new section: 

‘‘§ 1566. Voting assistance: compliance assessments; assistance 

‘‘(a) REGULATIONS.—The Secretary of Defense shall prescribe 

regulations to require that the Army, Navy, Air Force, and Marine 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1275
 

Corps ensure their compliance with any directives issued by the 

Secretary of Defense in implementing any voting assistance program. ‘‘(b) VOTING ASSISTANCE PROGRAMS DEFINED.—In this section, 

the term ‘voting assistance programs’ means— ‘‘(1) the Federal Voting Assistance Program carried out 

under the Uniformed and Overseas Citizens Absentee Voting 

Act (42 U.S.C. 1973ff et seq.); and ‘‘(2) any similar program. ‘‘(c) ANNUAL EFFECTIVENESS AND COMPLIANCE REVIEWS.—(1) 

The Inspector General of each of the Army, Navy, Air Force, and 

Marine Corps shall conduct— ‘‘(A) an annual review of the effectiveness of voting assistance programs; and ‘‘(B) an annual review of the compliance with voting assistance programs of that armed force. 

‘‘(2) Upon the completion of each annual review under paragraph (1), each Inspector General specified in that paragraph shall 

submit to the Inspector General of the Department of Defense 

a report on the results of each such review. Such report shall 

be submitted in time each year to be reflected in the report of 

the Inspector General of the Department of Defense under paragraph (3). ‘‘(3) Not later than March 31 each year, the Inspector General 

of the Department of Defense shall submit to Congress a report 

on— ‘‘(A) the effectiveness during the preceding calendar year 

of voting assistance programs; and 

‘‘(B) the level of compliance during the preceding calendar 

year with voting assistance programs of each of the Army, 

Navy, Air Force, and Marine Corps. 

‘‘(d) INSPECTOR GENERAL ASSESSMENTS.—(1) The Inspector General of the Department of Defense shall periodically conduct at 

Department of Defense installations unannounced assessments of 

the compliance at those installations with— ‘‘(A) the requirements of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.); 

‘‘(B) Department of Defense regulations regarding that Act 

and the Federal Voting Assistance Program carried out under 

that Act; and 

‘‘(C) other requirements of law regarding voting by members of the armed forces. 

‘‘(2) The Inspector General shall conduct an assessment under 

paragraph (1) at not less than 10 Department of Defense installations each calendar year. 

‘‘(3) Each assessment under paragraph (1) shall include a review 

of such compliance— 

‘‘(A) within units to which are assigned, in the aggregate, 

not less than 20 percent of the personnel assigned to duty 

at that installation; 

‘‘(B) within a representative survey of members of the 

armed forces assigned to that installation and their dependents; 

and 

‘‘(C) within unit voting assistance officers to measure program effectiveness. 

‘‘(e) REGULAR MILITARY DEPARTMENT ASSESSMENTS.—The Secretary of each military department shall include in the set of 

Deadline.
 

Reports.
 

115 STAT. 1276 PUBLIC LAW 107–107—DEC. 28, 2001
 

issues and programs to be reviewed during any management 

effectiveness review or inspection at the installation level an assessment of compliance with the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff et seq.) and with Department 

of Defense regulations regarding the Federal Voting Assistance 

Program. 

‘‘(f) VOTING ASSISTANCE OFFICERS.—Voting assistance officers 

shall be appointed or assigned under Department of Defense regulations. Commanders at all levels are responsible for ensuring that 

unit voting officers are trained and equipped to provide information 

and assistance to members of the armed forces on voting matters. 

Performance evaluation reports pertaining to a member who has 

been assigned to serve as a voting assistance officer shall comment 

on the performance of the member as a voting assistance officer. ‘‘(g) DELIVERY OF MAIL FROM OVERSEAS PRECEDING FEDERAL 

ELECTIONS.—(1) During the four months preceding a general Federal election month, the Secretary of Defense shall periodically 

conduct surveys of all overseas locations and vessels at sea with 

military units responsible for collecting mail for return shipment 

to the United States and all port facilities in the United States 

and overseas where military-related mail is collected for shipment 

to overseas locations or to the United States. The purpose of each 

survey shall be to determine if voting materials are awaiting shipment at any such location and, if so, the length of time that 

such materials have been held at that location. During the fourth 

and third months before a general Federal election month, such 

surveys shall be conducted biweekly. During the second and first 

months before a general Federal election month, such surveys shall 

be conducted weekly. 

‘‘(2) The Secretary shall ensure that voting materials are transmitted expeditiously by military postal authorities at all times. 

‘‘(3) In this section, the term ‘general Federal election month’ 

means November in an even-numbered year.’’. 

(2) The table of sections at the beginning of such chapter 

is amended by adding at the end the following new item: 

‘‘1566. Voting assistance: compliance assessments; assistance.’’. 

Deadline. 

10 USC 1566 

note. 

50 USC app. 594. 

(b) INITIAL REPORT.—The first report under section 1566(c)(3) 

of title 10, United States Code, as added by subsection (a), shall 

be submitted not later than March 31, 2003. 

SEC. 1603. GUARANTEE OF RESIDENCY FOR MILITARY PERSONNEL. 

Article VII of the Soldiers’ and Sailors’ Civil Relief Act of 

1940 (50 U.S.C. App. 590 et seq.) is amended by adding at the 

end the following: 

‘‘SEC. 704. (a) For purposes of voting for any Federal office 

(as defined in section 301 of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 431)) or a State or local office, a person who 

is absent from a State in compliance with military or naval orders 

shall not, solely by reason of that absence— 

‘‘(1) be deemed to have lost a residence or domicile in 

that State, without regard to whether or not the person intends 

to return to that State; 

‘‘(2) be deemed to have acquired a residence or domicile 

in any other State; or 

‘‘(3) be deemed to have become a resident in or a resident 

of any other State. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1277
 

‘‘(b) In this section, the term ‘State’ includes a territory or 

possession of the United States, a political subdivision of a State, 

territory, or possession, and the District of Columbia.’’. 

SEC. 1604. ELECTRONIC VOTING DEMONSTRATION PROJECT. 

(a) ESTABLISHMENT OF DEMONSTRATION PROJECT.— (1) IN GENERAL.—Subject to paragraph (2), the Secretary 

of Defense shall carry out a demonstration project under which 

absent uniformed services voters are permitted to cast ballots 

in the regularly scheduled general election for Federal office 

for November 2002 through an electronic voting system. The 

project shall be carried out with participation of sufficient numbers of absent uniformed services voters so that the results 

are statistically relevant. 

(2) AUTHORITY TO DELAY IMPLEMENTATION.—If the Secretary of Defense determines that the implementation of the 

demonstration project under paragraph (1) with respect to the 

regularly scheduled general election for Federal office for 

November 2002 may adversely affect the national security of 

the United States, the Secretary may delay the implementation 

of such demonstration project until the regularly scheduled 

general election for Federal office for November 2004. The 

Secretary shall notify the Committee on Armed Services and 

the Committee on Rules and Administration of the Senate 

and the Committee on Armed Services and the Committee 

on House Administration of the House of Representatives of 

any decision to delay implementation of the demonstration 

project. 

(b) COORDINATION WITH STATE ELECTION OFFICIALS.—The Secretary shall carry out the demonstration project under this section 

through cooperative agreements with State election officials of 

States that agree to participate in the project. 

(c) REPORT TO CONGRESS.—Not later than June 1 of the year 

following the year in which the demonstration project is conducted 

under this section, the Secretary of Defense shall submit to Congress a report analyzing the demonstration project. The Secretary 

shall include in the report any recommendations the Secretary 

considers appropriate for continuing the project on an expanded 

basis for absent uniformed services voters during the next regularly 

scheduled general election for Federal office. 

(d) DEFINITIONS.—In this section: 

(1) ABSENT UNIFORMED SERVICES VOTER.—The term ‘‘absent 

uniformed services voter’’ has the meaning given that term 

in section 107(1) of the Uniformed and Overseas Citizens 

Absentee Voting Act (42 U.S.C. 1973ff–6(1)). 

(2) STATE.—The term ‘‘State’’ includes the District of 

Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 

Islands, and American Samoa. 

SEC. 1605. GOVERNORS’ REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS FOR CHANGES IN STATE LAW MADE 

UNDER FEDERAL VOTING ASSISTANCE PROGRAM. 

(a) REPORTS.—(1) Whenever a State receives a uniformed services voting assistance legislative recommendation from the Secretary of Defense, acting as the Presidential designee, the chief 

executive authority of that State shall, not later than 90 days 

after receipt of that recommendation, provide a report on the status 

of implementation of that recommendation by that State. 

42 USC 1973ff 

note. 

Deadline. 

42 USC 1973ff 

note. 

115 STAT. 1278 PUBLIC LAW 107–107—DEC. 28, 2001
 

(2) If a legislative recommendation referred to in paragraph 

(1) has been implemented, in whole or in part, by a State, the 

report of the chief executive authority of that State under that 

paragraph with respect to that recommendation shall include a 

description of the changes made to State law to implement the 

recommendation. If the recommendation has not been implemented, 

the report shall include a statement of the status of the recommendation before the State legislature and a statement of any 

recommendation the chief executive officer has made or intends 

to make to the legislature with respect to that recommendation. 

(3) Any report under paragraph (1) shall be transmitted to 

the Secretary of Defense, acting as the Presidential designee. The 

Secretary shall transmit a copy of the response to each Member 

of Congress who represents that State. 

(b) PERIOD OF APPLICABILITY.—This section applies with respect 

to any uniformed services voting assistance legislative recommendation transmitted to a State by the Secretary of Defense, acting 

as the Presidential designee, during the three-year period beginning 

on the date of the enactment of this Act. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘uniformed services voting assistance legislative recommendation’’ means a recommendation of the Presidential designee for a modification in the laws of a State 

for the purpose of improving the access to the polls of absent 

uniformed services voters and overseas voters. 

(2) The term ‘‘Presidential designee’’ means the head of 

the executive department designated by the President under 

section 101(a) of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff(a)). 

(3) The term ‘‘State’’ includes the District of Columbia, 

the Commonwealth of Puerto Rico, Guam, the Virgin Islands, 

and American Samoa. 

(4) The term ‘‘Member of Congress’’ includes a Delegate 

or Resident Commissioner to the Congress. 

SEC. 1606. SIMPLIFICATION OF VOTER REGISTRATION AND ABSENTEE 

BALLOT APPLICATION PROCEDURES FOR ABSENT UNIFORMED SERVICES AND OVERSEAS VOTERS. 

(a) REQUIREMENT FOR STATES TO ACCEPT OFFICIAL FORM FOR 

SIMULTANEOUS VOTER REGISTRATION AND ABSENTEE BALLOT 

APPLICATION.— 

(1) IN GENERAL.—Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff–1) is 

amended— 

(A) in paragraph (2)— 

(i) by striking ‘‘general, special, primary, or runoff’’; 

(ii) by inserting ‘‘and absentee ballot application’’ 

after ‘‘voter registration application’’; 

(iii) by striking ‘‘and’’ after the semicolon at the 

end; 

(B) by striking the period at the end of paragraph 

(3) and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(4) use the official post card form (prescribed under section 

101) for simultaneous voter registration application and 

absentee ballot application.’’. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1279
 

(2) CONFORMING AMENDMENT.—Section 101(b)(2) of such 

Act (42 U.S.C. 1973ff(b)(2)) is amended by striking ‘‘as recommended in section 104’’ and inserting ‘‘as required under 

section 102(4)’’. 

(b) USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELEC­ TIONS.—Section 104 of such Act (42 U.S.C. 1973ff–3) is amended 

to read as follows: 

‘‘SEC. 104. USE OF SINGLE APPLICATION FOR ALL SUBSEQUENT ELECTIONS. 

‘‘(a) IN GENERAL.—If a State accepts and processes an official 

post card form (prescribed under section 101) submitted by an 

absent uniformed services voter or overseas voter for simultaneous 

voter registration and absentee ballot application (in accordance 

with section 102(a)(4)) and the voter requests that the application 

be considered an application for an absentee ballot for each subsequent election for Federal office held in the State during that 

year, the State shall provide an absentee ballot to the voter for 

each subsequent election for Federal office held in the State during 

that year. ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRATION.—Subsection (a) shall not apply with respect to a voter registered to 

vote in a State for any election held after the voter notifies the 

State that the voter no longer wishes to be registered to vote 

in the State or after the State determines that the voter has 

registered to vote in another State. 

‘‘(c) REVISION OF OFFICIAL POST CARD FORM.—The Presidential 

designee shall revise the official post card form (prescribed under 

section 101) to enable a voter using the form to— 

‘‘(1) request an absentee ballot for each election for Federal 

office held in a State during a year; or 

‘‘(2) request an absentee ballot for only the next scheduled 

election for Federal office held in a State. 

‘‘(d) NO EFFECT ON VOTER REMOVAL PROGRAMS.—Nothing in 

this section may be construed to prevent a State from removing 

any voter from the rolls of registered voters in the State under 

any program or method permitted under section 8 of the National 

Voter Registration Act of 1993.’’. 

SEC. 1607. USE OF CERTAIN DEPARTMENT OF DEFENSE FACILITIES 

AS POLLING PLACES. 

(a) USE OF MILITARY FACILITIES.—Section 2670 of title 10, 

United States Code, is amended by adding at the end the following 

new subsection: 

‘‘(b) USE OF CERTAIN FACILITIES AS POLLING PLACES.—(1) Notwithstanding chapter 29 of title 18 (including sections 592 and 

593 of such title) or any other provision of law, the Secretary 

of Defense or Secretary of a military department may not (except 

as provided in paragraph (3)) prohibit the designation or use of 

a qualifying facility under the jurisdiction of the Secretary as an 

official polling place for local, State, or Federal elections. ‘‘(2) A Department of Defense facility is a qualifying facility 

for purposes of this subsection if as of December 31, 2000— 

‘‘(A) the facility is designated as an official polling place 

by a State or local election official; or 

‘‘(B) the facility has been used as such an official polling 

place since January 1, 1996. 

115 STAT. 1280 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(3) The limitation in paragraph (1) may be waived by the 

Secretary of Defense or Secretary of the military department concerned with respect to a particular Department of Defense facility 

if the Secretary of Defense or Secretary concerned determines that 

local security conditions require prohibition of the designation or 

use of that facility as an official polling place for any election.’’. 

(b) CONFORMING AND CLERICAL AMENDMENTS.—(1) Such section 

is further amended— 

(A) by striking ‘‘Under’’ and inserting ‘‘(a) USE BY RED 

CROSS.—Under’’; and 

(B) by striking ‘‘this section’’ and inserting ‘‘this subsection’’. 

(2) The heading of such section is amended to read as follows: 

‘‘§ 2670. Military installations: use by American National Red 

Cross; use as polling places’’. 

(3) The item relating to such section in the table of sections 

at the beginning of chapter 159 of such title is amended to read 

as follows: 

‘‘2670. Military installations: use by American National Red Cross; use as polling 

places.’’. 

Military DIVISION B—MILITARY CONSTRUCTION 

Construction 

Authorization AUTHORIZATIONS 

Act for Fiscal 

Year 2002. 

SEC. 2001. SHORT TITLE; DEFINITION. 

(a) SHORT TITLE.—This division may be cited as the ‘‘Military 

Construction Authorization Act for Fiscal Year 2002’’. 

(b) DEFINITION OF FISCAL YEAR 2001 DEFENSE AUTHORIZATION 

ACT.—In this division, the term ‘‘Spence Act’’ means the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001, 

as enacted into law by Public Law 106–398 (114 Stat. 1654). 

TITLE XXI—ARMY 

Sec. 2101. Authorized Army construction and land acquisition projects. 

Sec. 2102. Family housing. 

Sec. 2103. Improvements to military family housing units. 

Sec. 2104. Authorization of appropriations, Army. 

Sec. 2105. Modification of authority to carry out certain fiscal year 2001 projects. 

Sec. 2106. Modification of authority to carry out certain fiscal year 2000 projects. 

SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(1), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installations 

and locations inside the United States, and in the amounts, set 

forth in the following table: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1281 

Army: Inside the United States 

State Installation or location Amount 

Alabama ......................... 

Alaska ............................. 

Arizona ........................... 

California ........................ 

Colorado .......................... 

District of Columbia ...... 

Georgia ........................... 

Hawaii ............................ 

Illinois ............................. 

Kansas ............................ 

Kentucky ........................ 

Louisiana ........................ 

Maryland ........................ 

Missouri .......................... 

New Jersey ..................... 

New Mexico .................... 

New York ........................ 

North Carolina ............... 

Oklahoma ....................... 

South Carolina ............... 

Texas ............................... 

Virginia ........................... 

Washington .................... 

Anniston Army Depot ........................ 

Fort Rucker ......................................... 

Redstone Arsenal ................................ 

Fort Richardson .................................. 

Fort Wainwright ................................. 

Fort Huachuca .................................... 

Yuma Proving Ground ....................... 

Defense Language Institute .............. 

Fort Irwin ............................................ 

Fort Carson ......................................... 

Fort McNair ........................................ 

Fort Benning ....................................... 

Fort Gillem .......................................... 

Fort Gordon ........................................ 

Fort Stewart/Hunter Army Air Field 

Kahuku Windmill Site ....................... 

Navy Public Works Center, Pearl 

Harbor .............................................. 

Pohakuloa Training Facility .............. 

Wheeler Army Air Field .................... 

Rock Island Arsenal ........................... 

Fort Riley ............................................ 

Fort Campbell ..................................... 

Fort Knox ............................................ 

Fort Polk ............................................. 

Aberdeen Proving Ground ................. 

Fort Meade .......................................... 

Fort Leonard Wood ............................ 

Fort Monmouth ................................... 

Picatinny Arsenal ............................... 

White Sands Missile Range ............... 

Fort Drum ........................................... 

Fort Bragg ........................................... 

Sunny Point Military Ocean Terminal ................................................ 

Fort Sill ............................................... 

Fort Jackson ....................................... 

Corpus Christi Army Depot ............... 

Fort Sam Houston .............................. 

Fort Bliss ............................................. 

Fort Hood ............................................ 

Fort Belvoir ......................................... 

Fort Eustis .......................................... 

Fort Lee ............................................... 

Fort Lewis ........................................... 

Total: ............................................ 

$5,150,000 

$18,200,000 

$9,900,000 

$115,000,000 

$27,200,000 

$6,100,000 

$3,100,000 

$5,900,000 

$23,000,000 

$66,000,000 

$11,600,000 

$23,900,000 

$34,600,000 

$34,000,000 

$39,800,000 

$900,000 

$11,800,000 

$6,600,000 

$50,000,000 

$3,500,000 

$10,900,000 

$88,900,000 

$12,000,000 

$21,200,000 

$58,300,000 

$11,200,000 

$7,850,000 

$20,000,000 

$10,200,000 

$7,600,000 

$56,350,000 

$21,300,000 

$11,400,000 

$5,100,000 

$65,650,000 

$10,400,000 

$2,250,000 

$5,000,000 

$104,200,000 

$35,950,000 

$34,650,000 

$23,900,000 

$238,200,000 

$1,358,750,000 

115 STAT. 1282 PUBLIC LAW 107–107—DEC. 28, 2001
 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(2), the Secretary of the Army may acquire real property 

and carry out military construction projects for the locations outside 

the United States, and in the amounts, set forth in the following 

table: 

Army: Outside the United States 

Country Installation or location Amount 

Germany ......................... 

Japan .............................. 

Korea .............................. 

Kwajalein ....................... 

Area Support Group, Bamberg .......... 

Area Support Group, Darmstadt ....... 

Baumholder ......................................... 

Hanau .................................................. 

Heidelberg ........................................... 

Mannheim ........................................... 

Wiesbaden Air Base ........................... 

Camp Schab ........................................ 

Camp Carroll ...................................... 

Camp Casey ........................................ 

Camp Hovey ........................................ 

Camp Humphreys .............................. 

Camp Jackson ..................................... 

Camp Stanley ..................................... 

Camp Yongsan .................................... 

Kwajalein Atoll ................................... 

Total: ............................................ 

$36,000,000 

$13,500,000 

$9,000,000 

$7,200,000 

$15,300,000 

$16,000,000 

$26,300,000 

$3,800,000 

$16,593,000 

$8,500,000 

$35,750,000 

$14,500,000 

$6,100,000 

$28,000,000 

$12,800,000 

$11,000,000 

$260,343,000 

(c) UNSPECIFIED WORLDWIDE.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(3), the Secretary of the Army may acquire real property 

and carry out military construction projects for the installation 

and location, and in the amount, set forth in the following table: 

Army: Unspecified Worldwide 

Location Installation Amount 

Unspecified Worldwide .. Classified Location ............................. $4,000,000 

SEC. 2102. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2104(a)(6)(A), the Secretary of the Army may construct or acquire 

family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following 

table: 

Army: Family Housing 

State or Country Installation or location Purpose Amount 

Alaska .......................... 

Arizona ........................ 

Kansas ......................... 

Texas ............................ 

Korea ........................... 

Fort Wainwright ............. 

Fort Huachuca ................ 

Fort Leavenworth ........... 

Fort Bliss ......................... 

Fort Sam Houston ........... 

Camp Humphreys ........... 

32 Units ...... 

72 Units ...... 

80 Units ...... 

76 Units ...... 

80 Units ...... 

54 Units ...... 

Total: .... 

$12,000,000 

$10,800,000 

$20,000,000 

$13,600,000 

$11,200,000 

$12,800,000 

$80,400,000 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1283
 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2104(a)(6)(A), the Secretary of the Army may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of family housing units 

in an amount not to exceed $11,592,000. 

SEC. 2103. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2104(a)(6)(A), the Secretary of the Army may 

improve existing military family housing units in an amount not 

to exceed $220,750,000. 

SEC. 2104. AUTHORIZATION OF APPROPRIATIONS, ARMY. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Army in the total amount 

of $3,155,594,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2101(a), $1,127,750,000. 

(2) For military construction projects outside the United 

States authorized by section 2101(b), $260,343,000. 

(3) For a military construction project at an unspecified 

worldwide location authorized by section 2101(c), $4,000,000. 

(4) For unspecified minor construction projects authorized 

by section 2805 of title 10, United States Code, $18,000,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$159,533,000. 

(6) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $312,742,000. 

(B) For support of military family housing (including 

the functions described in section 2833 of title 10, United 

States Code), $1,089,573,000. 

(7) For the construction of a cadet development center 

at the United States Military Academy, West Point, New York, 

authorized by section 2101(a) of the Military Construction 

Authorization Act for Fiscal Year 1999 (division B of Public 

Law 105–261; 112 Stat. 2182), $37,900,000. 

(8) For the construction of phase 2C of a barracks complex, 

Tagaytay Street, at Fort Bragg, North Carolina, authorized 

by section 2101(a) of the Military Construction Authorization 

Act for Fiscal Year 2000 (division B of Public Law 106–65; 

113 Stat. 825), $17,500,000. 

(9) For the construction of phase 1C of a barracks complex, 

Wilson Street, at Schofield Barracks, Hawaii, authorized by 

section 2101(a) of the Military Construction Authorization Act 

for Fiscal Year 2000 (division B of Public Law 106–65; 113 

Stat. 825), $23,000,000. 

115 STAT. 1284 PUBLIC LAW 107–107—DEC. 28, 2001
 

(10) For construction of phase 2 of a basic combat training 

complex at Fort Leonard Wood, Missouri, authorized by section 

2101(a) of the Military Construction Authorization Act for 

Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 

1654A–389), as amended by section 2105 of this Act, 

$27,000,000. 

(11) For the construction of phase 2 of a battle simulation 

center at Fort Drum, New York, authorized by section 2101(a) 

of the Military Construction Authorization Act for Fiscal Year 

2001 (division B of the Spence Act; 114 Stat. 1654A–389), 

as amended by section 2105 of this Act, $9,000,000. 

(12) For the construction of phase 1 of a barracks complex, 

Butner Road, at Fort Bragg, North Carolina, authorized by 

section 2101(a) of the Military Construction Authorization Act 

for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 

1654A–389), $49,000,000. 

(13) For the construction of phase 1 of a barracks complex, 

Longstreet Road, at Fort Bragg, North Carolina, authorized 

by section 2101(a) of the Military Construction Authorization 

Act for Fiscal Year 2001 (division B of the Spence Act; 114 

Stat. 1654A–389), $27,000,000. 

(14) For the construction of a multipurpose digital training 

range at Fort Hood, Texas, authorized by section 2101(a) of 

the Military Construction Authorization Act for Fiscal Year 

2001 (division B of the Spence Act; 114 Stat. 1654A–389), 

as amended by section 2105 of this Act, $13,000,000. 

(15) For the homeowners assistance program, as authorized 

by section 2832(a) of title 10, United States Code, $10,119,000, 

to remain available until expended. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2101 of this Act may not exceed— 

(1) the total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a); 

(2) $52,000,000 (the balance of the amount authorized 

under section 2201(a) for construction of a barracks complex, 

D Street, at Fort Richardson, Alaska); 

(3) $41,000,000 (the balance of the amount authorized 

under section 2201(a) for construction of phase 1 of a barracks 

complex, Nelson Boulevard, at Fort Carson, Colorado); 

(4) $36,000,000 (the balance of the amount authorized 

under section 2201(a) for construction of phase 1 of a basic 

combat training complex at Fort Jackson, South Carolina); 

and 

(5) $102,000,000 (the balance of the amount authorized 

under section 2201(a) for construction of a barracks complex, 

17th & B Streets, at Fort Lewis, Washington). 

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (15) of subsection (a) 

is the sum of the amounts authorized to be appropriated in such 

paragraphs, reduced by $29,866,000, which represents the combination of savings resulting from adjustments to foreign currency 

exchange rates for military construction, military family housing 

construction, and military family housing support outside the 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1285
 

United States and savings resulting from favorable bids, reduced 

overhead charges, and cancellations due to force structure changes. 

SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2001 PROJECTS. 

(a) MODIFICATION.—The table in section 2101(a) of the Military 

Construction Authorization Act for Fiscal Year 2001 (division B 

of the Spence Act; 114 Stat. 1654A–389) is amended— 

(1) in the item relating to Fort Leonard Wood, Missouri, 

by striking ‘‘$65,400,000’’ in the amount column and inserting 

‘‘$69,800,000’’; 

(2) in the item relating to Fort Drum, New York, by striking 

‘‘$18,000,000’’ in the amount column and inserting 

‘‘$21,000,000’’; 

(3) in the item relating to Fort Hood, Texas, by striking 

‘‘$36,492,000’’ in the amount column and inserting 

‘‘$39,492,000’’; and 

(4) by striking the amount identified as the total in the 

amount column and inserting ‘‘$626,374,000’’. 

(b) CONFORMING AMENDMENTS.—Section 2104 of that Act (114 

Stat. 1654A–391) is amended— 

(1) in subsection (a), in the matter preceding paragraph 

(1), by striking ‘‘$1,925,344,000’’ and inserting ‘‘$1,935,744,000’’; 

and 

(2) in subsection (b)— 

(A) in paragraph (2), by striking ‘‘$22,600,000’’ and 

inserting ‘‘$27,000,000’’; 

(B) in paragraph (3), by striking ‘‘$10,000,000’’ and 

inserting ‘‘$13,000,000’’; and 

(C) in paragraph (6), by striking ‘‘$6,000,000’’ and 

inserting ‘‘$9,000,000’’. 

SEC. 2106. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2000 PROJECTS. 

Section 2104 of the Military Construction Authorization Act 

for Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 

826), as amended by section 2105(c) of the Spence Act; 114 Stat. 

1654A–393), is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘$2,358,331,000’’ and inserting ‘‘$2,321,931,000’’; and 

(B) in paragraph (1), by striking ‘‘$930,058,000’’ and 

inserting ‘‘$893,658,000’’; and 

(2) in subsection (b)(7), by striking ‘‘$102,500,000’’ and 

inserting ‘‘$138,900,000’’. 

TITLE XXII—NAVY 

Sec. 2201. Authorized Navy construction and land acquisition projects.
 

Sec. 2202. Family housing.
 

Sec. 2203. Improvements to military family housing units.
 

Sec. 2204. Authorization of appropriations, Navy.
 

Sec. 2205. Modification of authority to carry out certain fiscal year 2001 projects.
 

Sec. 2206. Modification of authority to carry out certain fiscal year 2000 project.
 

115 STAT. 1286 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(1), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the installations 

and locations inside the United States, and in the amounts, set 

forth in the following table: 

Navy: Inside the United States 

State Installation or location Amount 

Arizona ........................... 

California ........................ 

Marine Corps Air Station, Yuma ...... 

Marine Air-Ground Task Force 

Training Center, Twentynine 

$22,570,000 

Palms ............................................... 

Marine Corps Air Station, Camp 

$75,125,000 

Pendleton ......................................... $4,470,000 

Marine Corps Base, Camp Pendleton $96,490,000 

Naval Air Facility, El Centro ............ $23,520,000 

Naval Air Station, Lemoore ............... 

Naval Air Warfare Center, China 

$10,010,000 

Lake ................................................. 

Naval Air Warfare Center, Point 

$30,200,000 

Mugu, San Nicholas Island ............ $13,730,000 

Naval Amphibious Base, Coronado ... 

Naval Construction Battalion Cen­

$8,610,000 

ter, Port Hueneme .......................... 

Naval Construction Training Center, 

$12,400,000 

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 ............. 

Naval Air Station, Whiting Field, 

$11,400,000 

Milton .............................................. $2,140,000 

Naval Station, Mayport ..................... $16,420,000 

Naval Station, Pensacola ................... $3,700,000 

Hawaii ............................ Marine Corps Base, Kaneohe ............ $24,920,000 

Naval Magazine Lualualei ................. $6,000,000 

Naval Shipyard, Pearl Harbor .......... $20,000,000 

Naval Station, Pearl Harbor ............. 

Navy Public Works Center, Pearl 

$54,700,000 

Harbor .............................................. $16,900,000 

Illinois ............................. 

Indiana ........................... 

Naval Training Center, Great Lakes 

Naval Surface Warfare Center, 

$82,260,000 

Crane ............................................... $14,930,000 

Maine .............................. Naval Air Station, Brunswick ........... $67,395,000 

Maryland ........................ 

Naval Shipyard, Portsmouth ............. 

Naval Air Warfare Center, Patuxent 

$14,620,000 

River ................................................ 

Naval Air Warfare Center, St. 

$2,260,000 

Inigoes .............................................. 

Naval Explosive Ordinance Disposal 

$5,100,000 

Technology Center, Indian Head ... $1,250,000 

Mississippi ...................... Naval Air Station, Meridian .............. 

Naval Construction Battalion Cen­

$3,370,000 

ter, Gulfport .................................... $21,660,000 

Missouri .......................... 

Naval Station, Pascaguola ................. 

Marine Corps Support Activity, Kan­

$4,680,000 

sas City ............................................ $9,010,000 

Nevada ............................ Naval Air Station, Fallon .................. $6,150,000 

New Jersey ..................... Naval Weapons Station, Earle .......... $4,370,000 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1287 

Navy: Inside the United States—Continued 

State Installation or location Amount 

North Carolina ............... 

Pennsylvania .................. 

Rhode Island .................. 

South Carolina ............... 

Tennessee ....................... 

Virginia ........................... 

Washington .................... 

Marine Corps Air Station, New 

River ................................................ 

Marine Corps Base, Camp Lejeune .. 

Naval Foundry and Propeller Center, Philadelphia ............................. 

Naval Station, Newport ..................... 

Naval Underwater Warfare Center, 

Newport ........................................... 

Marine Corps Air Station, Beaufort 

Marine Corps Recruit Depot, Parris 

Island ............................................... 

Naval Support Activity, Millington ... 

Marine Corps Air Facility, Quantico 

Marine Corps Combat Dev Com ....... 

Naval Amphibious Base, Little 

Creek ................................................ 

Naval Station, Norfolk ....................... 

Naval Air Station, Whidbey Island ... 

Naval Station, Everett ....................... 

Strategic Weapons Facility, Bangor 

Total: ............................................ 

$4,050,000 

$67,070,000 

$14,800,000 

$15,290,000 

$9,370,000 

$8,020,000 

$5,430,000 

$3,900,000 

$3,790,000 

$9,390,000 

$9,090,000 

$139,270,000 

$7,370,000 

$6,820,000 

$3,900,000 

$1,058,750,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(2), the Secretary of the Navy may acquire real property 

and carry out military construction projects for the locations outside 

the United States, and in the amounts, set forth in the following 

table: 

Navy: Outside the United States 

Country Installation or location Amount 

Greece ............................. 

Guam .............................. 

Iceland ............................ 

Italy ................................ 

Spain ............................... 

Naval Support Activity Joint Headquarters Command, Larissa .......... 

Naval Support Activity, Souda Bay .. 

Naval Station, Guam ......................... 

Navy Public Works Center, Guam .... 

Naval Air Station, Keflavik ............... 

Naval Air Station, Sigonella .............. 

Naval Station, Rota ............................ 

Total: ............................................ 

$12,240,000 

$3,210,000 

$9,300,000 

$14,800,000 

$2,820,000 

$3,060,000 

$2,240,000 

$47,670,000 

SEC. 2202. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2204(a)(5)(A), the Secretary of the Navy may construct or acquire 

family housing units (including land acquisition) at the installations, for the purposes, and in the amounts set forth in the following 

table: 

115 STAT. 1288 PUBLIC LAW 107–107—DEC. 28, 2001 

Navy: Family Housing 

State Installation or location Purpose Amount 

Arizona ........................ 

California ..................... 

Hawaii ......................... 

Mississippi ................... 

Virginia ........................ 

Italy ............................. 

Marine Corps Air Station, Yuma ................... 

Marine Air-Ground Task 

Force Training Center, 

Twentynine Palms ....... 

Marine Corps Base, 

Kaneohe ....................... 

Naval Station, Pearl 

Harbor .......................... 

Naval Construction Battalion Center, Gulfport 

Marine Corps Combat 

Development Command, Quantico ........... 

Naval Air Station, 

Sigonella ....................... 

51 Units .... 

74 Units .... 

172 Units .... 

70 Units .... 

160 Units .... 

60 Units .... 

10 Units .... 

Total: .... 

$9,017,000 

$16,250,000 

$46,996,000 

$16,827,000 

$23,354,000 

$7,000,000 

$2,403,000 

$121,847,000 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2204(a)(5)(A), the Secretary of the Navy may carry out architectural 

and engineering services and construction design activities with 

respect to the construction or improvement of military family 

housing units in an amount not to exceed $6,499,000. 

SEC. 2203. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2204(a)(5)(A), the Secretary of the Navy may 

improve existing military family housing units in an amount not 

to exceed $203,434,000. 

SEC. 2204. AUTHORIZATION OF APPROPRIATIONS, NAVY. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Navy in the total amount of 

$2,366,742,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2201(a), $1,005,410,000. 

(2) For military construction projects outside the United 

States authorized by section 2201(b), $47,670,000. 

(3) For unspecified minor construction projects authorized 

by section 2805 of title 10, United States Code, $10,546,000. 

(4) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$39,557,000. 

(5) For military family housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $331,780,000. 

(B) For support of military housing (including functions 

described in section 2833 of title 10, United States Code), 

$910,095,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1289
 

(6) For construction of phase 6 of a large anachoic chamber 

facility at the Patuxent River Naval Air Warfare Center, Maryland, authorized by section 2201(a) of the Military Construction 

Authorization Act for Fiscal Year 1993 (division B of Public 

Law 102–484; 106 Stat. 2590), $10,770,000. 

(7) For construction of the Commander-in-Chief Headquarters, Pacific Command, Camp H.M. Smith, Hawaii, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2000 (division B of Public Law 106– 

65; 113 Stat. 828), as amended by section 2206 of this Act, 

$37,580,000. 

(8) For repair of a pier at Naval Station, San Diego, California, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the 

Spence Act; 114 Stat. 1654A–396), $17,500,000. 

(9) For replacement of a pier at Naval Station, Bremerton, 

Washington, formerly Naval Shipyard, Bremerton, Puget 

Sound, Washington, authorized by section 2201(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A–396), as amended 

by section 2205 of this Act, $24,460,000. 

(10) For construction of an industrial skills center at Puget 

Sound Naval Shipyard, Bremerton, Washington, formerly Naval 

Shipyard, Bremerton, Puget Sound, Washington, authorized 

by section 2201(a) of the Military Construction Authorization 

Act for Fiscal Year 2001 (division B of the Spence Act; 114 

Stat. 1654A–396), as amended by section 2205 of this Act, 

$14,000,000. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2201 of this Act may not exceed— 

(1) the total amount authorized to be appropriated under 

paragraphs (1) and (2) of subsection (a); 

(2) $33,240,000 (the balance of the amount authorized 

under section 2201(a) for replacement of a pier, increment 

I, at Naval Station, Norfolk, Virginia); and 

(3) $20,100,000 (the balance of the amount authorized 

under section 2201(a) for a combined propulsion and explosives 

lab at Naval Air Warfare Center, China Lake, California). 

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (10) of subsection (a) 

is the sum of the amounts authorized to be appropriated in such 

paragraphs, reduced by $82,626,000, which represents the combination of savings resulting from adjustments to foreign currency 

exchange rates for military construction, military family housing 

construction, and military family housing support outside the 

United States and savings resulting from favorable bids, reduced 

overhead charges, and cancellations due to force structure changes. 

SEC. 2205. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2001 PROJECTS. 

(a) AUTHORIZED CONSTRUCTION AND LAND ACQUISITION.—The 

table in section 2201(a) of the Military Construction Authorization 

Act for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 

1654A–395) is amended— 

115 STAT. 1290 PUBLIC LAW 107–107—DEC. 28, 2001
 

(1) in the item relating to Naval Shipyard, Bremerton, 

Puget Sound, Washington, by striking ‘‘$100,740,000’’ in the 

amount column and inserting ‘‘$102,460,000’’; 

(2) in the item relating to Naval Station, Bremerton, Washington, by striking ‘‘$11,930,000’’ in the amount column and 

inserting ‘‘$1,930,000’’; and 

(3) by striking the amount identified as the total in the 

amount column and inserting ‘‘$803,217,000’’. 

(b) PLANNING AND DESIGN.—Section 2204(a) of that Act (114 

Stat. 1654A–398) is amended— 

(1) in the matter preceding paragraph (1), by striking 

‘‘$2,227,995,000’’ and inserting ‘‘$2,208,407,000’’; and 

(2) in paragraph (4), by striking ‘‘$73,335,000’’ and inserting 

‘‘$53,747,000’’. 

(c) CONFORMING AMENDMENT.—Section 2204(b)(4) of that Act 

(114 Stat. 1654A–398) is amended by striking ‘‘$10,280,000’’ and 

inserting ‘‘$14,000,000’’. 

SEC. 2206. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2000 PROJECT. 

(a) MODIFICATION.—The table in section 2201(a) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division B 

of Public Law 106–65; 113 Stat. 828) is amended— 

(1) in the item relating to Camp H.M. Smith, Hawaii, 

by striking ‘‘$86,050,000’’ in the amount column and inserting 

‘‘$89,050,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$820,230,000’’. 

(b) CONFORMING AMENDMENT.—Section 2204(b)(3) of that Act 

(113 Stat. 831) is amended by striking ‘‘$70,180,000’’ and inserting 

‘‘$73,180,000’’. 

TITLE XXIII—AIR FORCE 

Sec. 2301. Authorized Air Force construction and land acquisition projects.
 

Sec. 2302. Family housing.
 

Sec. 2303. Improvements to military family housing units.
 

Sec. 2304. Authorization of appropriations, Air Force.
 

Sec. 2305. Modification of authority to carry out certain fiscal year 2001 projects.
 

SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND 

ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(1), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations 

and locations inside the United States, and in the amounts, set 

forth in the following table: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1291 

Air Force: Inside the United States 

State Installation or location Amount 

Alabama ......................... 

Alaska ............................. 

Arizona ........................... 

Arkansas ......................... 

California ........................ 

Colorado .......................... 

Delaware ........................ 

District of Columbia ...... 

Florida ............................ 

Georgia ........................... 

Idaho ............................... 

Kansas ............................ 

Louisiana ........................ 

Maryland ........................ 

Massachusetts ................ 

Mississippi ...................... 

Montana ......................... 

Nevada ............................ 

New Jersey ..................... 

New Mexico .................... 

North Carolina ............... 

North Dakota ................. 

Ohio ................................ 

Oklahoma ....................... 

South Carolina ............... 

South Dakota ................. 

Tennessee ....................... 

Texas ............................... 

Utah ................................ 

Virginia ........................... 

Washington .................... 

Wyoming ......................... 

Maxwell Air Force Base ..................... 

Eareckson Air Force Base .................. 

Elmendorf Air Force Base ................. 

Davis-Monthan Air Force Base ......... 

Luke Air Force Base .......................... 

Little Rock Air Force Base ................ 

Beale Air Force Base .......................... 

Edwards Air Force Base .................... 

Los Angeles Air Force Base ............... 

Travis Air Force Base ........................ 

Vandenberg Air Force Base ............... 

Buckley Air Force Base ...................... 

Schriever Air Force Base ................... 

United States Air Force Academy ..... 

Dover Air Force Base ......................... 

Bolling Air Force Base ....................... 

Cape Canaveral Air Force Station .... 

Eglin Air Force Base .......................... 

Hurlburt Field .................................... 

Tyndall Air Force Base ...................... 

Moody Air Force Base ........................ 

Robins Air Force Base ........................ 

Mountain Home Air Force Base ........ 

McConnell Air Force Base ................. 

Barksdale Air Force Base .................. 

Andrews Air Force Base .................... 

Hanscom Air Force Base ................... 

Columbus Air Force Base .................. 

Keesler Air Force Base ...................... 

Malmstrom Air Force Base ................ 

Nellis Air Force Base ......................... 

McGuire Air Force Base .................... 

Cannon Air Force Base ...................... 

Kirtland Air Force Base ..................... 

Pope Air Force Base ........................... 

Grand Forks Air Force Base ............. 

Wright-Patterson Air Force Base ...... 

Altus Air Force Base .......................... 

Tinker Air Force Base ........................ 

Shaw Air Force Base .......................... 

Ellsworth Air Force Base ................... 

Arnold Air Force Base ........................ 

Dyess Air Force Base ......................... 

Lackland Air Force Base ................... 

Laughlin Air Force Base .................... 

Sheppard Air Force Base ................... 

Hill Air Force Base ............................. 

Langley Air Force Base ...................... 

Fairchild Air Force Base .................... 

McChord Air Force Base .................... 

F. E. Warren Air Force Base ............. 

Total: ............................................ 

$34,400,000 

$4,600,000 

$32,200,000 

$23,500,000 

$4,500,000 

$18,100,000 

$7,900,000 

$16,300,000 

$23,000,000 

$10,100,000 

$11,800,000 

$23,200,000 

$30,400,000 

$25,500,000 

$7,300,000 

$2,900,000 

$7,800,000 

$11,400,000 

$10,400,000 

$20,350,000 

$8,600,000 

$14,650,000 

$14,600,000 

$5,100,000 

$5,000,000 

$19,420,000 

$9,400,000 

$5,000,000 

$28,600,000 

$4,650,000 

$31,600,000 

$36,550,000 

$9,400,000 

$19,800,000 

$17,800,000 

$7,800,000 

$28,250,000 

$20,200,000 

$21,400,000 

$5,800,000 

$12,200,000 

$24,400,000 

$16,800,000 

$12,800,000 

$15,600,000 

$45,200,000 

$44,000,000 

$47,300,000 

$2,800,000 

$20,700,000 

$10,200,000 

$891,270,000 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(2), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installations 

and locations outside the United States, and in the amounts, set 

forth in the following table: 

115 STAT. 1292 PUBLIC LAW 107–107—DEC. 28, 2001 

Air Force: Outside the United States 

Country Installation or location Amount 

Germany ......................... 

Guam .............................. 

Italy ................................ 

Korea .............................. 

Oman .............................. 

Turkey ............................ 

United Kingdom ............. 

Wake Island ................... 

Ramstein Air Force Base ................... 

Spangdahlem Air Base ...................... 

Andersen Air Force Base ................... 

Aviano Air Base .................................. 

Kunsan Air Base ................................ 

Osan Air Base ..................................... 

Masirah ............................................... 

Eskisehir ............................................. 

Incirlik ................................................. 

Royal Air Force, Lakenheath ............ 

Royal Air Force, Mildenhall .............. 

Wake Island ........................................ 

Total: ............................................ 

$42,900,000 

$8,700,000 

$10,150,000 

$11,800,000 

$12,000,000 

$101,142,000 

$8,000,000 

$4,000,000 

$5,500,000 

$11,300,000 

$22,400,000 

$25,000,000 

$262,892,000 

(c) UNSPECIFIED WORLDWIDE.—Using the amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(3), the Secretary of the Air Force may acquire real property 

and carry out military construction projects for the installation 

and location, and in the amount, set forth in the following table: 

Air Force: Unspecified Worldwide 

Location Installation Amount 

Unspecified Worldwide .. Classified Location ............................. $4,458,000 

SEC. 2302. FAMILY HOUSING. 

(a) CONSTRUCTION AND ACQUISITION.—Using amounts appropriated pursuant to the authorization of appropriations in section 

2304(a)(6)(A), the Secretary of the Air Force may construct or 

acquire family housing units (including land acquisition) at the 

installations, for the purposes, and in the amounts set forth in 

the following table: 

Air Force: Family Housing 

State Installation or location Purpose Amount 

Arizona ....................... 

California ................... 

Colorado ..................... 

Delaware .................... 

District of Columbia .. 

Hawaii ........................ 

Idaho ........................... 

Louisiana .................... 

South Dakota ............. 

Virginia ...................... 

Portugal ...................... 

Luke Air Force Base ...... 

Travis Air Force Base .... 

Buckley Air Force Base 

Dover Air Force Base ..... 

Bolling Air Force Base ... 

Hickam Air Force Base .. 

Mountain Home Air 

Force Base ................... 

Barksdale Air Force 

Base ............................. 

Ellsworth Air Force Base 

Langley Air Force Base 

Lajes Field, Azores ......... 

120 Units .... 

118 Units .... 

55 Units .... 

120 Units .... 

136 Units .... 

102 Units .... 

56 Units .... 

56 Units .... 

78 Units .... 

4 Units ..... 

64 Units .... 

Total: .... 

$15,712,000 

$18,150,000 

$11,400,000 

$18,145,000 

$16,926,000 

$25,037,000 

$10,000,000 

$7,300,000 

$13,700,000 

$1,200,000 

$13,230,000 

$150,800,000 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1293
 

(b) PLANNING AND DESIGN.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2304(a)(6)(A), the Secretary of the Air Force may carry out architectural and engineering services and construction design activities 

with respect to the construction or improvement of military family 

housing units in an amount not to exceed $24,558,000. 

SEC. 2303. IMPROVEMENTS TO MILITARY FAMILY HOUSING UNITS. 

Subject to section 2825 of title 10, United States Code, and 

using amounts appropriated pursuant to the authorization of appropriations in section 2304(a)(6)(A), the Secretary of the Air Force 

may improve existing military family housing units in an amount 

not to exceed $375,345,000. 

SEC. 2304. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for 

military construction, land acquisition, and military family housing 

functions of the Department of the Air Force in the total amount 

of $2,573,122,000, as follows: 

(1) For military construction projects inside the United States authorized by section 2301(a), $879,270,000. 

(2) For military construction projects outside the United States authorized by section 2301(b), $223,592,000. 

(3) For a military construction project at an unspecified worldwide location authorized by section 2301(c), $4,458,000. 

(4) For unspecified minor construction projects authorized 

by section 2805 of title 10, United States Code, $11,250,000. 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$94,970,000. 

(6) For military housing functions: 

(A) For construction and acquisition, planning and 

design, and improvement of military family housing and 

facilities, $550,703,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $844,715,000. 

(7) $12,600,000 for construction of an air freight terminal 

and base supply complex at McGuire Air Force Base, New 

Jersey, authorized by section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2001 (division B of the 

Spence Act; 114 Stat. 1654A–399), as amended by section 2305 

of this Act. 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— 

Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2301 of this Act may not exceed— 

(1) the total amount authorized to be appropriated under 

paragraphs (1), (2), and (3) of subsection (a); 

(2) $12,000,000 (the balance of the amount authorized 

under section 2301(a) for a maintenance depot hanger at Hill 

Air Force Base, Utah); 

(3) $15,300,000 (the balance of the amount authorized 

under section 2301(b) for repair of an airfield runway at Wake 

Island); and 

115 STAT. 1294 PUBLIC LAW 107–107—DEC. 28, 2001
 

(4) $24,000,000 (the balance of the amount authorized 

under section 2301(b) for a civil engineer complex at Osan 

Air Force Base, Korea). 

(c) ADJUSTMENT.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (7) of subsection (a) 

is the sum of the amounts authorized to be appropriated in such 

paragraphs, reduced by $48,436,000, which represents the combination of savings resulting from adjustments to foreign currency 

exchange rates for military construction, military family housing 

construction, and military family housing support outside the 

United States and savings resulting from favorable bids, reduced 

overhead charges, and cancellations due to force structure changes. 

SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2001 PROJECTS. 

(a) MCGUIRE AIR FORCE BASE.—The table in section 2301(a) 

of the Military Construction Authorization Act for Fiscal Year 2001 

(division B of the Spence Act; 114 Stat. 1654A–399) is amended— 

(1) in the item relating to McGuire Air Force Base, New 

Jersey, by striking ‘‘$29,772,000’’ in the amount column and 

inserting ‘‘$32,972,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$748,955,000’’. 

(b) MOUNTAIN HOME AIR FORCE BASE.—The table in section 

2302(a) of that Act (114 Stat. 1654A–400) is amended in the item 

relating to Mountain Home Air Force Base, Idaho, by striking 

‘‘119 Units’’ in the purpose column and inserting ‘‘46 Units’’. 

(c) CONFORMING AMENDMENT.—Section 2304(b)(2) of that Act 

(114 Stat. 1654A–402) is amended by striking ‘‘$9,400,000’’ and 

inserting ‘‘$12,600,000’’. 

TITLE XXIV—DEFENSE AGENCIES 

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.
 

Sec. 2402. Energy conservation projects.
 

Sec. 2403. Authorization of appropriations, Defense Agencies.
 

Sec. 2404. Cancellation of authority to carry out certain fiscal year 2001 projects.
 

Sec. 2405. Modification of authority to carry out certain fiscal year 2000 projects.
 

Sec. 2406. Modification of authority to carry out certain fiscal year 1999 project.
 

Sec. 2407. Modification of authority to carry out certain fiscal year 1995 project.
 

Sec. 2408. Prohibition on expenditures to develop forward operating location on
 

Aruba. 

SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) INSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2403(a)(1), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

and locations inside the United States, and in the amounts, set 

forth in the following table: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1295 

Defense Agencies: Inside the United States 

Agency Installation or location Amount 

Defense Education Activity ............................ 

Defense Logistics Agency ................................. 

Special Operations Command ........................... 

TRICARE Management 

Activity ........................ 

Washington Headquarters Services ........ 

Laurel Bay, South Carolina ............... 

Marine Corps Base, Camp Lejeune, 

North Carolina ................................ 

Defense Distribution Depot Tracy, 

California ......................................... 

Defense Distribution New Cumberland, Pennsylvania .................... 

Eielson Air Force Base, Alaska ......... 

Fort Belvoir, Virginia ......................... 

Grand Forks Air Force Base, North 

Dakota ............................................. 

Hickam Air Force Base, Hawaii ........ 

McGuire Air Force Base, New Jersey 

Minot Air Force Base, North Dakota 

Philadelphia, Pennsylvania ............... 

Pope Air Force Base, North Carolina 

Aberdeen Proving Ground, Maryland 

CONUS Classified .............................. 

Fort Benning, Georgia ....................... 

Fort Bragg, North Carolina ............... 

Fort Lewis, Washington ..................... 

Hurlburt Field, Florida ...................... 

MacDill Air Force Base, Florida ....... 

Naval Station, San Diego, California 

Andrews Air Force Base, Maryland .. 

Dyess Air Force Base, Texas ............. 

F. E. Warren Air Force Base, Wyoming ................................................. 

Fort Hood, Texas ................................ 

Fort Stewart/Hunter Army Air Field, 

Georgia ............................................ 

Holloman Air Force Base, New Mexico ..................................................... 

Hurlburt Field, Florida ...................... 

Marine Corps Base, Camp Pendleton, California ............................ 

Marine Corps Logistics Base, Albany, Georgia .................................. 

Naval Air Station, Whidbey Island, 

Washington ..................................... 

Naval Hospital, Twentynine Palms, 

California ......................................... 

Naval Station, Mayport, Florida ....... 

Naval Station, Norfolk, Virginia ....... 

Schriever Air Force Base, Colorado .. 

Pentagon Reservation, Virginia ........ 

Total: ............................................ 

$12,850,000 

$8,857,000 

$30,000,000 

$19,900,000 

$8,800,000 

$900,000 

$9,110,000 

$29,200,000 

$4,400,000 

$14,000,000 

$2,429,000 

$3,400,000 

$3,200,000 

$2,400,000 

$5,100,000 

$33,562,000 

$6,900,000 

$13,400,000 

$12,000,000 

$13,650,000 

$10,250,000 

$3,300,000 

$2,700,000 

$12,200,000 

$11,000,000 

$5,700,000 

$8,800,000 

$15,300,000 

$5,800,000 

$6,600,000 

$1,600,000 

$24,000,000 

$21,000,000 

$4,000,000 

$25,000,000 

$391,308,000 

115 STAT. 1296 PUBLIC LAW 107–107—DEC. 28, 2001
 

(b) OUTSIDE THE UNITED STATES.—Using amounts appropriated 

pursuant to the authorization of appropriations in section 

2403(a)(2), the Secretary of Defense may acquire real property 

and carry out military construction projects for the installations 

and locations outside the United States, and in the amounts, set 

forth in the following table: 

Defense Agencies: Outside the United States 

Agency Installation or location Amount 

Defense Education Activity ............................ 

Defense Logistics Agency ................................. 

Office Secretary of Defense ............................ 

TRICARE Management 

Activity ........................ 

Aviano Air Base, Italy ........................ 

Geilenkirchen AB, Germany ............. 

Heidelberg, Germany ......................... 

Kaiserslautern, Germany .................. 

Kitzingen, Germany ........................... 

Landstuhl, Germany .......................... 

Ramstein Air Force Base, Germany 

Royal Air Force, Feltwell, United 

Kingdom .......................................... 

Vogelweh Annex, Germany ............... 

Wiesbaden Air Base, Germany ......... 

Wuerzburg, Germany ......................... 

Anderson Air Force Base, Guam ....... 

Camp Casey, Korea ............................ 

Naval Station, Rota, Spain ................ 

Yokota Air Base, Japan ..................... 

Comalapa Air Base, El Salvador ....... 

Heidelberg, Germany ......................... 

Lajes Field, Azores, Portugal ............ 

Thule, Greenland ................................ 

Total: ............................................ 

$3,647,000 

$1,733,000 

$3,312,000 

$1,439,000 

$1,394,000 

$1,444,000 

$2,814,000 

$22,132,000 

$1,558,000 

$1,378,000 

$2,684,000 

$20,000,000 

$5,500,000 

$3,000,000 

$13,000,000 

$12,577,000 

$28,000,000 

$3,750,000 

$10,800,000 

$140,162,000 

SEC. 2402. ENERGY CONSERVATION PROJECTS. 

Using amounts appropriated pursuant to the authorization of 

appropriations in section 2403(a)(6), the Secretary of Defense may 

carry out energy conservation projects under section 2865 of title 

10, United States Code, in the amount of $27,100,000. 

SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2001, for 

military construction, land acquisition, and military family housing 

functions of the Department of Defense (other than the military 

departments), in the total amount of $1,481,208,000, as follows: 

(1) For military construction projects inside the United 

States authorized by section 2401(a), $391,308,000. 

(2) For military construction projects outside the United 

States authorized by section 2401(b), $140,162,000. 

(3) For unspecified minor construction projects under section 2805 of title 10, United States Code, $24,492,000. 

(4) For contingency construction projects of the Secretary 

of Defense under section 2804 of title 10, United States Code, 

$10,000,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1297
 

(5) For architectural and engineering services and construction design under section 2807 of title 10, United States Code, 

$54,496,000. 

(6) For energy conservation projects authorized by section 

2402, $27,100,000. 

(7) For base closure and realignment activities as authorized by the Defense Base Closure and Realignment Act of 

1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note), $632,713,000. 

(8) For military family housing functions: 

(A) For improvement of military family housing and 

facilities, $250,000. 

(B) For support of military family housing (including 

functions described in section 2833 of title 10, United States 

Code), $43,762,000, of which not more than $37,298,000 

may be obligated or expended for the leasing of military 

family housing units worldwide. 

(C) For credit to the Department of Defense Family 

Housing Improvement Fund established by section 

2883(a)(1) of title 10, United States Code, $2,000,000. 

(9) For the construction of phase 6 of an ammunition 

demilitarization facility at Pine Bluff Arsenal, Arkansas, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 1995 (division B of Public 

Law 103–337; 108 Stat. 3040), as amended by section 2407 

of the Military Construction Authorization Act for Fiscal Year 

1996 (division B of Public Law 104–106; 110 Stat. 539), section 

2408 of the Military Construction Authorization Act for Fiscal 

Year 1998 (division B of Public Law 105–85; 111 Stat. 1982), 

section 2406 of the Military Construction Authorization Act 

for Fiscal Year 1999 (division B of Public Law 105–261; 112 

Stat. 2197), and section 2407 of this Act, $26,000,000. 

(10) For the construction of phase 3 of an ammunition 

demilitarization facility at Pueblo Army Depot, Colorado, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 1997 (division B of Public 

Law 104–201; 110 Stat. 2775), as amended by section 2406 

of the Military Construction Authorization Act for Fiscal Year 

2000 (division B of Public Law 106–65; 113 Stat. 839), 

$11,000,000. 

(11) For construction of phase 4 of an ammunition demilitarization facility at Newport Army Depot, Indiana, authorized 

by section 2401(a) of the Military Construction Authorization 

Act for Fiscal Year 1999 (division B of Public Law 105–261; 

112 Stat. 2193), $66,000,000. 

(12) For construction of phase 4 of an ammunition demilitarization facility at Aberdeen Proving Ground, Maryland, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 1999 (division B of Public 

Law 105–261; 112 Stat. 2193), as amended by section 2406 

of this Act, $66,500,000. 

(13) For the construction of phase 2 of an ammunition 

demilitarization facility at Blue Grass Army Depot, Kentucky, 

authorized by section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2000 (division B of Public 

Law 106–65, 113 Stat. 836), as amended by section 2405 of 

this Act, $3,000,000. 

115 STAT. 1298 PUBLIC LAW 107–107—DEC. 28, 2001
 

(b) LIMITATION ON TOTAL COST OF CONSTRUCTION PROJECTS.— Notwithstanding the cost variations authorized by section 2853 

of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 

2401 of this Act may not exceed the total amount authorized to 

be appropriated under paragraphs (1) and (2) of subsection (a). 

(c) ADJUSTMENTS.—The total amount authorized to be appropriated pursuant to paragraphs (1) through (13) of subsection (a) 

is the sum of the amounts authorized to be appropriated in such 

paragraphs, reduced by $17,575,000, which represents the combination of savings resulting from adjustments to foreign currency 

exchange rates for military construction, military family housing 

construction, and military family housing support outside the 

United States and savings resulting from favorable bids, reduced 

overhead charges, and cancellations due to force structure changes. 

SEC. 2404. CANCELLATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2001 PROJECTS. 

(a) CANCELLATION OF PROJECTS AT CAMP PENDLETON, CALI- FORNIA.—The table in section 2401(a) of the Military Construction 

Authorization Act for Fiscal Year 2001 (division B of the Spence 

Act; 114 Stat. 1654A–402) is amended— (1) under the agency heading TRICARE Management 

Activity, by striking the item relating to Marine Corps Base, 

Camp Pendleton, California; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$242,756,000’’. (b) CANCELLATION OF PROJECTS AT UNSPECIFIED WORLDWIDE 

LOCATIONS.—Section 2401(c) of that Act (114 Stat. 1654A–404) is 

amended by striking ‘‘$451,135,000’’ and inserting ‘‘$30,065,000’’. (c) TREATMENT OF AUTHORIZATION OF APPROPRIATIONS FOR CER­ TAIN CANCELED PROJECTS.—Of the amount authorized to be appropriated by section 2403(a) of that Act (114 Stat. 1654A–404), and 

paragraph (1) of that section, $14,150,000 shall be available for 

purposes relating to construction of the Portsmouth Naval Hospital, 

Virginia, as authorized by section 2401(a) of the Military Construction Authorization Act for Fiscal Years 1990 and 1991 (division 

B of Public Law 101–189; 103 Stat. 1640). 

(d) REDUCTION IN AUTHORIZATION OF APPROPRIATIONS FOR 

PROJECTS AT UNSPECIFIED WORLDWIDE LOCATIONS.—Section 2403 

of that Act (114 Stat. 1654A–404) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking ‘‘$1,883,902,000’’ and inserting ‘‘$1,828,872,000’’; and 

(B) in paragraph (3), by striking ‘‘$85,095,000’’ and 

inserting ‘‘$30,065,000’’; and 

(2) in subsection (b), by striking ‘‘may not exceed—’’ and 

all that follows through the end of the subsection and inserting 

‘‘may not exceed the total amount authorized to be appropriated 

under paragraphs (1) and (2) of subsection (a).’’. 

SEC. 2405. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 2000 PROJECTS. 

(a) MODIFICATION.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 2000 (division B 

of Public Law 106–65; 113 Stat. 835) is amended— 

(1) under the agency heading relating to Chemical Demilitarization, in the item relating to Blue Grass Army Depot, 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1299
 

Kentucky, by striking ‘‘$206,800,000’’ in the amount column 

and inserting ‘‘$254,030,000’’; 

(2) under the agency heading relating to TRICARE 

Management Agency— 

(A) in the item relating to Fort Wainwright, Alaska, 

by striking ‘‘$133,000,000’’ in the amount column and 

inserting ‘‘$215,000,000’’; and 

(B) by striking the item relating to Naval Air Station, 

Whidbey Island, Washington; and 

(3) by striking the amount identified as the total in the 

amount column and inserting ‘‘$711,950,000’’. 

(b) TREATMENT OF AUTHORIZATION OF APPROPRIATIONS FOR 

CANCELED WHIDBEY ISLAND PROJECT.—Of the amount authorized 

to be appropriated by section 2405(a) of that Act (113 Stat. 837), 

and paragraph (1) of that section, $4,700,000 shall be available 

for purposes relating to construction of the Portsmouth Naval Hospital, Virginia, as authorized by section 2401(a) of the Military 

Construction Authorization Act for Fiscal Years 1990 and 1991 

(division B of Public Law 101–189; 103 Stat. 1640). 

(c) CONFORMING AMENDMENTS.—Section 2405(b) of that Act 

(113 Stat. 839) is amended— 

(1) in paragraph (2), by striking ‘‘$115,000,000’’ and 

inserting ‘‘$197,000,000’’; and 

(2) in paragraph (3), by striking ‘‘$184,000,000’’ and 

inserting ‘‘$231,230,000’’. 

SEC. 2406. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 1999 PROJECT. 

(a) MODIFICATION.—The table in section 2401(a) of the Military 

Construction Authorization Act for Fiscal Year 1999 (division B 

of Public Law 105–261; 112 Stat. 2193) is amended— 

(1) under the agency heading relating to Chemical Demilitarization, in the item relating to Aberdeen Proving Ground, 

Maryland, by striking ‘‘$186,350,000’’ in the amount column 

and inserting ‘‘$223,950,000’’; and 

(2) by striking the amount identified as the total in the 

amount column and inserting ‘‘$727,616,000’’. 

(b) CONFORMING AMENDMENT.—Section 2404(b)(3) of that Act 

(112 Stat. 2196) is amended by striking ‘‘$158,000,000’’ and 

inserting ‘‘$195,600,000’’. 

SEC. 2407. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN 

FISCAL YEAR 1995 PROJECT. 

The table in section 2401 of the Military Construction 

Authorization Act for Fiscal Year 1995 (division B of Public Law 

103–337; 108 Stat. 3040), as amended by section 2407 of the Military Construction Authorization Act for Fiscal Year 1996 (division 

B of Public Law 104–106; 110 Stat. 539), section 2408 of the 

Military Construction Authorization Act for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 1982), and section 2406 

of the Military Construction Authorization Act for Fiscal Year 1999 

(division B of Public Law 105–261; 112 Stat. 2197), is amended 

under the agency heading relating to Chemical Agents and Munitions Destruction, in the item relating to Pine Bluff Arsenal, 

Arkansas, by striking ‘‘$154,400,000’’ in the amount column and 

inserting ‘‘$177,400,000’’. 

115 STAT. 1300 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 2408. PROHIBITION ON EXPENDITURES TO DEVELOP FORWARD 

OPERATING LOCATION ON ARUBA. 

None of the funds appropriated under the heading ‘‘MILITARY 

CONSTRUCTION, DEFENSE-WIDE’’ in chapter 3 of title III of the Emergency Supplemental Act, 2000 (Public Law 106–246; 114 Stat. 579), 

may be used by the Secretary of Defense to develop any forward 

operating location on the island of Aruba. 

TITLE XXV—NORTH ATLANTIC TREATY 

ORGANIZATION SECURITY INVESTMENT PROGRAM 

Sec. 2501. Authorized NATO construction and land acquisition projects. 

Sec. 2502. Authorization of appropriations, NATO. 

SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION PROJECTS. 

The Secretary of Defense may make contributions for the North 

Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount 

not to exceed the sum of the amount authorized to be appropriated 

for this purpose in section 2502 and the amount collected from 

the North Atlantic Treaty Organization as a result of construction 

previously financed by the United States. 

SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO. 

Funds are hereby authorized to be appropriated for fiscal years 

beginning after September 30, 2001, for contributions by the Secretary of Defense under section 2806 of title 10, United States 

Code, for the share of the United States of the cost of projects 

for the North Atlantic Treaty Organization Security Investment 

Program authorized by section 2501, in the amount of $162,600,000. 

TITLE XXVI—GUARD AND RESERVE 

FACILITIES 

Sec. 2601. Authorized guard and reserve construction and land acquisition projects. 

SEC. 2601. AUTHORIZED GUARD AND RESERVE CONSTRUCTION AND 

LAND ACQUISITION PROJECTS. 

(a) IN GENERAL.—There are authorized to be appropriated for 

fiscal years beginning after September 30, 2001, for the costs of 

acquisition, architectural and engineering services, and construction 

of facilities for the Guard and Reserve Forces, and for contributions 

therefor, under chapter 1803 of title 10, United States Code 

(including the cost of acquisition of land for those facilities), the 

following amounts: 

(1) For the Department of the Army— 

(A) for the Army National Guard of the United States, 

$393,253,000; and 

(B) for the Army Reserve, $168,969,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1301
 

(2) For the Department of the Navy, for the Naval and 

Marine Corps Reserve, $52,896,000. 

(3) For the Department of the Air Force— 

(A) for the Air National Guard of the United States, 

$253,852,000; and 

(B) for the Air Force Reserve, $73,032,000. 

TITLE XXVII—EXPIRATION AND
 

EXTENSION OF AUTHORIZATIONS
 

Sec. 2701. Expiration of authorizations and amounts required to be specified by 

law. 

Sec. 2702. Extension of authorizations of certain fiscal year 1999 projects. 

Sec. 2703. Extension of authorizations of certain fiscal year 1998 projects. 

Sec. 2704. Effective date. 

SEC. 2701. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS 

REQUIRED TO BE SPECIFIED BY LAW. 

(a) EXPIRATION OF AUTHORIZATIONS AFTER THREE YEARS.— 

Except as provided in subsection (b), all authorizations contained 

in titles XXI through XXVI for military construction projects, land 

acquisition, family housing projects and facilities, and contributions 

to the North Atlantic Treaty Organization Security Investment 

program (and authorizations of appropriations therefor) shall expire 

on the later of— 

(1) October 1, 2004; or 

(2) the date of the enactment of an Act authorizing funds 

for military construction for fiscal year 2005. 

(b) EXCEPTION.—Subsection (a) shall not apply to authorizations 

for military construction projects, land acquisition, family housing 

projects and facilities, and contributions to the North Atlantic 

Treaty Organization Security Investment program (and authorizations of appropriations therefor) for which appropriated funds have 

been obligated before the later of— 

(1) October 1, 2004; or 

(2) the date of the enactment of an Act authorizing funds 

for fiscal year 2005 for military construction projects, land 

acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment program. 

SEC. 2702. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 1999 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 1999 (division B 

of Public Law 105–261; 112 Stat. 2199), authorizations set forth 

in the tables in subsection (b), as provided in section 2302 or 

2601 of that Act, shall remain in effect until October 1, 2002, 

or the date of the enactment of an Act authorizing funds for military 

construction for fiscal year 2003, whichever is later. 

115 STAT. 1302 PUBLIC LAW 107–107—DEC. 28, 2001 

(b) TABLES.—The tables referred to in subsection (a) are as 

follows: 

Air Force: Extension of 1999 Project Authorizations 

State Installation or location Project Amount 

Delaware ..................... Dover Air Force Base Replace Family 

Housing (55 

Florida ......................... Patrick Air Force 

Base ........................ 

units) ............ 

Replace Family 

Housing (46 

$8,998,000 

New Mexico ................ Kirtland Air Force 

Base ........................ 

units) ............ 

Replace Family 

Housing (37 

$9,692,000 

Ohio ............................. Wright-Patterson Air 

Force Base .............. 

units) ............ 

Replace Family 

Housing (40 

$6,400,000 

units) ............ $5,600,000 

Army National Guard: Extension of 1999 Project Authorizations 

State Installation or location Project Amount 

Massachusetts ............ 

South Carolina ........... 

Westfield .................... 

Spartanburg .............. 

Army Aviation 

Support Facility .............. 

Readiness Center ................. 

$9,274,000 

$5,260,000 

SEC. 2703. EXTENSION OF AUTHORIZATIONS OF CERTAIN FISCAL 

YEAR 1998 PROJECTS. 

(a) EXTENSION.—Notwithstanding section 2701 of the Military 

Construction Authorization Act for Fiscal Year 1998 (division B 

of Public Law 105–85; 111 Stat. 1984), authorizations set forth 

in the tables in subsection (b), as provided in section 2102, 2202, 

or 2302 of that Act and extended by section 2702 of the Military 

Construction Authorization Act for Fiscal Year 2001 (division B 

of the Spence Act; 114 Stat. 1654A–408), shall remain in effect 

until October 1, 2002, or the date of the enactment of an Act 

authorizing funds for military construction for fiscal year 2003, 

whichever is later. 

(b) TABLES.—The tables referred to in subsection (a) are as 

follows: 

Army: Extension of 1998 Project Authorization 

State Installation or location Project Amount 

Maryland ..................... Fort Meade ................ Family Housing 

Construction 

(56 units) ...... $7,900,000 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1303 

Navy: Extension of 1998 Project Authorizations 

State Installation or location Project Amount 

California .................... Naval Complex, San 

Diego ....................... Replace Family 

Housing (94 

California .................... Marine Corps Air 

Station, Miramar ... 

units) ............ 

Family Housing 

Construction 

$13,500,000 

Louisiana .................... Naval Complex, New 

Orleans ................... 

(166 units) .... 

Replace Family 

Housing (100 

$28,881,000 

Texas ........................... Naval Air Station, 

Corpus Christi ....... 

units) ............ 

Family Housing 

Construction 

$11,930,000 

(212 units) .... $22,250,000 

Air Force: Extension of 1998 Project Authorization 

State Installation or location Project Amount 

New Mexico ................ Kirtland Air Force 

Base ........................ Replace Family 

Housing (180 

units) ............ $20,900,000 

SEC. 2704. EFFECTIVE DATE. 

Titles XXI, XXII, XXIII, XXIV, XXV, and XXVI shall take 

effect on the later of— (1) October 1, 2001; or 

(2) the date of the enactment of this Act. 

TITLE XXVIII—GENERAL PROVISIONS 

Subtitle A—Military Construction Program and Military Family Housing
 

Changes
 

Sec. 2801. Increase in thresholds for certain unspecified minor military construction projects. Sec. 2802. Exclusion of unforeseen environmental hazard remediation from limitation on authorized cost variations. 

Sec. 2803. Repeal of annual reporting requirement on military construction and 

military family housing activities. Sec. 2804. Funds for housing allowances of members assigned to military family 

housing under alternative authority for acquisition and improvement 

of military housing. Sec. 2805. Extension of alternative authority for acquisition and improvement of 

military housing. Sec. 2806. Treatment of financing costs as allowable expenses under contracts for 

utility services from utility systems conveyed under privatization initiative. 

Subtitle B—Real Property and Facilities Administration 

Sec. 2811. Use of military installations for certain recreational activities.

Sec. 2812. Availability of proceeds of sales of Department of Defense property from 

certain closed military installations. Sec. 2813. Pilot program to provide additional tools for efficient operation of military installations. Sec. 2814. Demonstration program on reduction in long-term facility maintenance 

costs. 

115 STAT. 1304 PUBLIC LAW 107–107—DEC. 28, 2001
 

Sec. 2815. Base efficiency project at Brooks Air Force Base, Texas. 

Subtitle C—Implementation of Prior Base Closure and Realignment
 

Rounds
 

Sec. 2821. Lease back of base closure property. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES 

Sec. 2831. Land conveyance, Whittier-Anchorage Pipeline Tank Farm, Anchorage, 

Alaska. 

Sec. 2832. Lease authority, Fort DeRussy, Hawaii.

Sec. 2833. Modification of land exchange, Rock Island Arsenal, Illinois.

Sec. 2834. Land conveyance, Fort Des Moines, Iowa.

Sec. 2835. Modification of land conveyances, Fort Dix, New Jersey.

Sec. 2836. Land conveyance, Engineer Proving Ground, Fort Belvoir, Virginia.

Sec. 2837. Land exchange and consolidation, Fort Lewis, Washington.

Sec. 2838. Land conveyance, Army Reserve Center, Kewaunee, Wisconsin. 

PART II—NAVY CONVEYANCES 

Sec. 2841. Transfer of jurisdiction, Centerville Beach Naval Station, Humboldt 

County, California.

Sec. 2842. Land conveyance, Port of Long Beach, California.

Sec. 2843. Conveyance of pier, Naval Base, San Diego, California.

Sec. 2844. Modification of authority for conveyance of Naval Computer and Telecommunications Station, Cutler, Maine. 

Sec. 2845. Land transfer and conveyance, Naval Security Group Activity, Winter 

Harbor, Maine. 

Sec. 2846. Land acquisition, Perquimans County, North Carolina.

Sec. 2847. Land conveyance, Naval Weapons Industrial Reserve Plant, Toledo, 

Ohio. 

Sec. 2848. Modification of land conveyance, former United States Marine Corps Air 

Station, Eagle Mountain Lake, Texas. 

PART III—AIR FORCE CONVEYANCES 

Sec. 2851. Conveyance of avigation easements, former Norton Air Force Base, California. 

Sec. 2852. Reexamination of land conveyance, Lowry Air Force Base, Colorado.

Sec. 2853. Water rights conveyance, Andersen Air Force Base, Guam.

Sec. 2854. Conveyance of segment of Loring petroleum pipeline, Maine, and related 

easements. 

Sec. 2855. Land conveyance, petroleum terminal serving former Loring Air Force 

Base and Bangor Air National Guard Base, Maine.

Sec. 2856. Land conveyances, certain former Minuteman III ICBM facilities in 

North Dakota. 

Sec. 2857. Land conveyances, Charleston Air Force Base, South Carolina.

Sec. 2858. Transfer of jurisdiction, Mukilteo Tank Farm, Everett, Washington. 

Subtitle E—Other Matters 

Sec. 2861. Management of the Presidio of San Francisco.

Sec. 2862. Transfer of jurisdiction for development of Air Force morale, welfare, 

and recreation facility, Park City, Utah.

Sec. 2863. Alternate site for United States Air Force Memorial, preservation of 

open space on Arlington Ridge tract, and related land transfer at Arlington National Cemetery, Virginia.

Sec. 2864. Establishment of memorial to victims of terrorist attack on Pentagon 

Reservation and authority to accept monetary contributions for memorial and repair of Pentagon.

Sec. 2865. Repeal of limitation on cost of renovation of Pentagon Reservation.

Sec. 2866. Development of United States Army Heritage and Education Center at 

Carlisle Barracks, Pennsylvania.

Sec. 2867. Effect of limitation on construction of roads or highways, Marine Corps 

Base, Camp Pendleton, California. 

Sec. 2868. Establishment of World War II memorial at additional location on 

Guam. 

Sec. 2869. Demonstration project for purchase of fire, security, police, public works, 

and utility services from local government agencies. 

Sec. 2870. Report on future land needs of United States Military Academy, New 

York, and adjacent community. 

Sec. 2871. Naming of Patricia C. Lamar Army National Guard Readiness Center, 

Oxford, Mississippi. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1305
 

Subtitle A—Military Construction Program 

and Military Family Housing Changes 

SEC. 2801. INCREASE IN THRESHOLDS FOR CERTAIN UNSPECIFIED 

MINOR MILITARY CONSTRUCTION PROJECTS. 

(a) PROJECTS REQUIRING ADVANCE APPROVAL OF SECRETARY 

CONCERNED.—Subsection (b)(1) of section 2805 of title 10, United 

States Code, is amended by striking ‘‘$500,000’’ and inserting ‘‘$750,000’’. (b) PROJECTS USING AMOUNTS FOR OPERATION AND MAINTE­ NANCE.—Subsection (c)(1) of that section is amended— (1) in subparagraph (A), by striking ‘‘$1,000,000’’ and 

inserting ‘‘$1,500,000’’; and 

(2) in subparagraph (B), by striking ‘‘$500,000’’ and 

inserting ‘‘$750,000’’. 

SEC. 2802. EXCLUSION OF UNFORESEEN ENVIRONMENTAL HAZARD 

REMEDIATION FROM LIMITATION ON AUTHORIZED COST 

VARIATIONS. 

Subsection (d) of section 2853 of title 10, United States Code, 

is amended to read as follows: 

‘‘(d) The limitation on cost increases in subsection (a) does 

not apply to the following: 

‘‘(1) The settlement of a contractor claim under a contract. 

‘‘(2) The costs associated with the required remediation 

of an environmental hazard in connection with a military 

construction project or military family housing project, such 

as asbestos removal, radon abatement, lead-based paint 

removal or abatement, or any other legally required environmental hazard remediation, if the required remediation could 

not have reasonably been anticipated at the time the project 

was approved originally by Congress.’’. 

SEC. 2803. REPEAL OF ANNUAL REPORTING REQUIREMENT ON MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING 

ACTIVITIES. 

(a) REPEAL.—Section 2861 of title 10, United States Code, is 

repealed. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter III of chapter 169 of such title is amended 

by striking the item relating to section 2861. 

SEC. 2804. FUNDS FOR HOUSING ALLOWANCES OF MEMBERS 

ASSIGNED TO MILITARY FAMILY HOUSING UNDER ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING. 

(a) IN GENERAL.—Subchapter IV of chapter 169 of title 10, 

United States Code, is amended by inserting after section 2883 

the following new section: 

‘‘§ 2883a. Funds for housing allowances of members of the 

armed forces assigned to certain military family

housing units 

‘‘(a) AUTHORITY TO TRANSFER FUNDS TO COVER HOUSING 

ALLOWANCES.—During the fiscal year in which a contract is 

awarded for the acquisition or construction of military family 

115 STAT. 1306 PUBLIC LAW 107–107—DEC. 28, 2001
 

housing units under this subchapter that are not to be owned 

by the United States, the Secretary of Defense may transfer the 

amount determined under subsection (b) with respect to such 

housing from appropriations available for support of military 

housing for the armed force concerned for that fiscal year to appropriations available for pay and allowances of military personnel 

of that same armed force for that same fiscal year. 

‘‘(b) AMOUNT TRANSFERRED.—The total amount authorized to 

be transferred under subsection (a) in connection with a contract 

under this subchapter may not exceed an amount equal to any 

additional amounts payable during the fiscal year in which the 

contract is awarded to members of the armed forces assigned to 

the acquired or constructed housing units as basic allowance for 

housing under section 403 of title 37 that would not otherwise 

have been payable to such members if not for assignment to such 

housing units. 

‘‘(c) TRANSFERS SUBJECT TO APPROPRIATIONS.—The transfer of 

funds under the authority of subsection (a) is limited to such 

amounts as may be provided in advance in appropriations Acts.’’. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of that subchapter is amended by inserting after the item 

relating to section 2883 the following new item: 

‘‘2883a. Funds for housing allowances of members of the armed forces assigned to 

certain military family housing units.’’. 

SEC. 2805. EXTENSION OF ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF MILITARY HOUSING. 

Section 2885 of title 10, United States Code, is amended by 

striking ‘‘2004’’ and inserting ‘‘2012’’. 

SEC. 2806. TREATMENT OF FINANCING COSTS AS ALLOWABLE 

EXPENSES UNDER CONTRACTS FOR UTILITY SERVICES 

FROM UTILITY SYSTEMS CONVEYED UNDER PRIVATIZATION INITIATIVE. 

(a) EVALUATION OF FEDERAL ACQUISITION REGULATION.—The 

Secretary of Defense shall conduct an evaluation of the Federal 

Acquisition Regulation to determine whether or not it is advisable 

to modify the Federal Acquisition Regulation to provide that a 

contract for utility services from a utility system conveyed under 

section 2688(a) of title 10, United States Code, may include terms 

and conditions that recognize financing costs, such as return on 

equity and interest on debt, as an allowable expense when incurred 

by the conveyee of the utility system to acquire, operate, renovate, 

replace, upgrade, repair, or expand the utility system. The Secretary 

shall complete the evaluation not later than 90 days after the 

date of the enactment of this Act. 

(b) SUBMISSION OF RECOMMENDATION TO FEDERAL ACQUISITION 

REGULATORY COUNCIL.—If the Secretary determines under subsection (a) that it is advisable to modify the Federal Acquisition 

Regulation to provide that a contract described in such subsection 

may include terms and conditions described in such subsection, 

the Secretary shall submit the results of the evaluation to the 

Federal Acquisition Regulatory Council together with a recommendation regarding the amendments to the Federal Acquisition 

Regulation necessary to effectuate the modification. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1307
 

Subtitle B—Real Property and Facilities
 

Administration
 

SEC. 2811. USE OF MILITARY INSTALLATIONS FOR CERTAIN RECREATIONAL ACTIVITIES. 

(a) WAIVER AUTHORITY.—Section 2671 of title 10, United States 

Code, is amended— 

(1) in subsection (b), by striking ‘‘(b)’’ and inserting ‘‘(e) 

REGULATIONS.—’’ and transferring the subsection to the end 

of the section; and 

(2) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) WAIVER AUTHORITY.—(1) The Secretary of Defense may 

waive or otherwise modify the fish and game laws of a State 

or Territory otherwise applicable under subsection (a)(1) to hunting, 

fishing, or trapping at a military installation or facility if the 

Secretary determines that the application of such laws to such 

hunting, fishing, or trapping without modification could result in 

undesirable consequences for public health or safety at the installation or facility. The authority to waive such laws includes the 

authority to extend, but not reduce, the specified season for certain 

hunting, fishing, or trapping. The Secretary may not waive the 

requirements under subsection (a)(2) regarding a license for such 

hunting, fishing, or trapping or any fee imposed by a State or 

Territory to obtain such a license. 

‘‘(2) If the Secretary determines that a waiver of fish and 

game laws of a State or Territory is appropriate under paragraph 

(1), the Secretary shall provide written notification to the appropriate State or Territory officials stating the reasons for, and extent 

of, the waiver. The notification shall be provided at least 30 days 

before implementation of the waiver.’’. 

(b) CLERICAL AMENDMENTS.—Such section is further amended— 

(1) in subsection (a), by inserting ‘‘GENERAL REQUIREMENTS 

FOR HUNTING, FISHING, AND TRAPPING.—’’ after ‘‘(a)’’; 

(2) in subsection (c), by inserting ‘‘VIOLATIONS.—’’ after 

‘‘(c)’’; and 

(3) in subsection (d), by inserting ‘‘RELATION TO TREATY 

RIGHTS.—’’ after ‘‘(d)’’. 

SEC. 2812. AVAILABILITY OF PROCEEDS OF SALES OF DEPARTMENT 

OF DEFENSE PROPERTY FROM CERTAIN CLOSED MILITARY INSTALLATIONS. 

(a) MODIFICATION OF AVAILABILITY PERCENTAGES.—Subsection 

(h)(2) of section 204 of the Federal Property and Administrative 

Services Act of 1949 (40 U.S.C. 485) is amended by striking subparagraphs (A) and (B) and inserting the following new subparagraphs: 

‘‘(A) In the case of property located at a military installation 

that is closed, such amount shall be available for facility 

maintenance and repair or environmental restoration by the 

military department that had jurisdiction over such property 

before the closure of the military installation. 

‘‘(B) In the case of property located at any other military 

installation— 

115 STAT. 1308 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(i) 50 percent of such amount shall be available for 

facility maintenance and repair or environmental restoration at the military installation where such property was 

located before it was disposed of or transferred; and 

‘‘(ii) 50 percent of such amount shall be available for 

facility maintenance and repair and for environmental restoration by the military department that had jurisdiction 

over such property before it was disposed of or transferred.’’. 

(b) RELATION TO OTHER LAWS.—Subsection (h) of such section 

is further amended— (1) in paragraph (1), by inserting ‘‘pursuant to a base 

closure law’’ after ‘‘realignment’’ in the first sentence; and 

(2) in paragraph (5), by inserting before the period at 

the end the following: ‘‘, and the term ‘base closure law’ shall 

have the meaning given that term in section 2667(h)(2) of 

such title’’. 

10 USC 2661 

note. 

Notification. 

Deadline. 

SEC. 2813. PILOT PROGRAM TO PROVIDE ADDITIONAL TOOLS FOR 

EFFICIENT OPERATION OF MILITARY INSTALLATIONS. 

(a) INITIATIVE AUTHORIZED.—The Secretary of Defense may 

carry out a pilot program (to be known as the ‘‘Pilot Efficient 

Facilities Initiative’’) for purposes of determining the potential for 

increasing the efficiency and effectiveness of the operation of military installations. 

(b) DESIGNATION OF PARTICIPATING MILITARY INSTALLATIONS.— 

(1) The Secretary of Defense may designate up to two military 

installations of each military department for participation in the 

Initiative. 

(2) Before designating a military installation under paragraph 

(1), the Secretary shall consult with employees at the installation 

and communities in the vicinity of the installation regarding the 

Initiative. 

(3) The Secretary shall transmit to Congress written notification 

of the designation of a military installation to participate in the 

Initiative not later than 30 days before taking any action to carry 

out the Initiative at the installation. The notification shall include 

a description of the steps taken by the Secretary to comply with 

paragraph (2). 

(c) MANAGEMENT PLAN.—(1) As part of the notification required 

under subsection (b), the Secretary of Defense shall submit a 

management plan for the Initiative at the military installation 

designated in the notification. 

(2) The management plan for a designated military installation 

shall include a description of— 

(A) each proposed lease of real or personal property located 

at the military installation; 

(B) each proposed disposal of real or personal property 

located at the installation; 

(C) each proposed leaseback of real or personal property 

leased or disposed of at the installation; 

(D) each proposed conversion of services at the installation 

from Federal Government performance to non-Federal Government performance, including performance by contract with a 

State or local government or private entity or performance 

as consideration for the lease or disposal of property at the 

installation; and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1309
 

(E) each other action proposed to be taken to improve
 

mission effectiveness and reduce the cost of providing quality
 

installation support at the installation.
 

(3) With respect to each proposed action described under paragraph (2), the management plan shall include— 

(A) an estimate of the savings expected to be achieved
 

as a result of the action;
 

(B) each regulation not required by statute that is proposed
 

to be waived to implement the action; and
 

(C) each statute or regulation required by statute that
 

is proposed to be waived to implement the action, including—
 

(i) an explanation of the reasons for the proposed 

waiver; and 

(ii) a description of the action to be taken to protect 

the public interests served by the statute or regulation, 

as the case may be, in the event of the waiver. 

(4) The management plan shall include measurable criteria 

for the evaluation of the effects of the actions taken pursuant 

to the Initiative at the designated military installation. 

(d) WAIVER OF STATUTORY REQUIREMENTS.—The Secretary of 

Defense may waive any statute, or regulation required by statute, 

for purposes of carrying out the Initiative only if specific authority 

for the waiver of such statute or regulation is provided in a law 

that is enacted after the date of the enactment of this Act. 

(e) INSTALLATION EFFICIENCY INITIATIVE FUND.—(1) There is Establishment. 

established on the books of the Treasury a fund to be known 

as the ‘‘Installation Efficiency Initiative Fund’’. 

(2) There shall be deposited in the Fund all cash rents, payments, reimbursements, proceeds, and other amounts from leases, 

sales, or other conveyances or transfers, joint activities, and other 

actions taken under the Initiative. 

(3) To the extent provided in advance in authorization Acts 

and appropriations Acts, amounts in the Fund shall be available 

to the Secretary of Defense for purposes of managing capital assets 

and providing support services at military installations participating in the Initiative. Amounts in the Fund may be used for 

such purposes in addition to, or in combination with, other amounts 

authorized to be appropriated for such purposes. Amounts in the 

Fund shall be available for such purposes for five years. 

(4) Subject to applicable financial management regulations, 

the Secretary shall structure the Fund, and provide administrative 

policies and procedures, in order to provide proper control of 

deposits in and disbursements from the Fund. 

(f) REPORT.—Not later than December 31, 2004, the Secretary Deadline. 

of Defense shall submit to Congress a report on the Initiative. 

The report shall contain a description of the actions taken under 

the Initiative and include such other information, including recommendations, as the Secretary considers appropriate regarding 

the Initiative. 

(g) DEFINITIONS.—In this section: 

(1) The term ‘‘Initiative’’ means the Pilot Efficient Facilities
 

Initiative.
 

(2) The term ‘‘Fund’’ means the Installation Efficiency Initiative Fund.
 

(3) The term ‘‘military installation’’ has the meaning given
 

such term in section 2687(e) of title 10, United States Code.
 

115 STAT. 1310 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 2809 

note. 

Deadline. 

Deadline. 

(h) TERMINATION.—The authority of the Secretary of Defense 

to carry out the Initiative shall terminate December 31, 2005. 

SEC. 2814. DEMONSTRATION PROGRAM ON REDUCTION IN LONGTERM FACILITY MAINTENANCE COSTS. 

(a) AUTHORITY TO CARRY OUT PROGRAM.—The Secretary of 

the Army may conduct a demonstration program to assess the 

feasibility and desirability of including facility maintenance requirements in construction contracts for military construction projects 

for the purpose of determining whether such requirements facilitate 

reductions in the long-term facility maintenance costs of the military 

departments. 

(b) CONTRACTS.—Not more than three contracts entered into 

in any year may contain requirements referred to in subsection 

(a) for the purpose of the demonstration program. The demonstration program may only cover contracts entered into on or after 

the date of the enactment of this Act. 

(c) EFFECTIVE PERIOD OF REQUIREMENTS.—The effective period 

of a requirement referred to in subsection (a) that is included 

in a contract for the purpose of the demonstration program may 

not exceed five years. 

(d) REPORTING REQUIREMENTS.—Not later than January 31, 

2005, the Secretary of the Army shall submit to Congress a report 

on the demonstration program, including the following: 

(1) A description of all contracts that contain requirements 

referred to in subsection (a) for the purpose of the demonstration program. 

(2) An evaluation of the demonstration program and a 

description of the experience of the Secretary with respect 

to such contracts. 

(3) Any recommendations, including recommendations for 

the termination, continuation, or expansion of the demonstration program, that the Secretary considers appropriate. 

(e) EXPIRATION.—The authority under subsection (a) to include 

requirements referred to in that subsection in contracts under the 

demonstration program shall expire on September 30, 2006. 

(f) FUNDING.—Amounts authorized to be appropriated for the 

Army for a fiscal year for military construction shall be available 

for the demonstration program under this section in such fiscal 

year. 

SEC. 2815. BASE EFFICIENCY PROJECT AT BROOKS AIR FORCE BASE, 

TEXAS. 

(a) ADMINISTRATION OF PROJECT.—Section 136(m)(9) of the Military Construction Appropriations Act, 2001 (division A of Public 

Law 106–246; 114 Stat. 524), is amended by striking ‘‘, who shall 

be a civilian official of the Department appointed by the President 

with the advice and consent of the Senate’’. (b) INDEMNIFICATION OF TRANSFEREES.—Not later than March 

1, 2002, the Secretary of Defense shall submit to Congress a report 

evaluating the base efficiency project conducted under section 136 

of the Military Construction Appropriations Act, 2001 (division A 

of Public Law 106–246; 114 Stat. 520). The evaluation shall address 

whether the disposal of real property under subsection (e) or other 

provisions of that section requires any additional authority for 

the Secretary beyond the authority provided under existing law 

to hold harmless, defend, and indemnify the recipients of the property against claims arising out of Department of Defense activities 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1311
 

on the property before disposal. If the Secretary determines that 

inclusion of such an indemnity provision would facilitate activities 

under the base efficiency project, the Secretary shall include a 

recommendation in the report regarding the nature and extent 

of the indemnification to be provided. 

Subtitle C—Implementation of Prior Base 

Closure and Realignment Rounds 

SEC. 2821. LEASE BACK OF BASE CLOSURE PROPERTY. 

(a) 1988 LAW.—Section 204(b)(4) of the Defense Authorization 

Amendments and Base Closure and Realignment Act (Public Law 

100–526; 10 U.S.C. 2687 note) is amended— (1) by redesignating subparagraphs (E), (F), (G), (H), and 

(I) as subparagraphs (F), (G), (H), (I), and (J), respectively; 

and 

(2) by inserting after subparagraph (D) the following new 

subparagraph (E): 

‘‘(E)(i) The Secretary may transfer real property at an installation approved for closure or realignment under this title (including 

property at an installation approved for realignment which will 

be retained by the Department of Defense or another Federal agency 

after realignment) to the redevelopment authority for the installation if the redevelopment authority agrees to lease, directly upon 

transfer, one or more portions of the property transferred under 

this subparagraph to the Secretary or to the head of another department or agency of the Federal Government. Subparagraph (B) shall 

apply to a transfer under this subparagraph. 

‘‘(ii) A lease under clause (i) shall be for a term of not to 

exceed 50 years, but may provide for options for renewal or extension of the term by the department or agency concerned. 

‘‘(iii) A lease under clause (i) may not require rental payments 

by the United States. 

‘‘(iv) A lease under clause (i) shall include a provision specifying 

that if the department or agency concerned ceases requiring the 

use of the leased property before the expiration of the term of 

the lease, the remainder of the lease term may be satisfied by 

the same or another department or agency of the Federal Government using the property for a use similar to the use under the 

lease. Exercise of the authority provided by this clause shall be 

made in consultation with the redevelopment authority concerned. 

‘‘(v) Notwithstanding clause (iii), if a lease under clause (i) 

involves a substantial portion of the installation, the department 

or agency concerned may obtain facility services for the leased 

property and common area maintenance from the redevelopment 

authority or the redevelopment authority’s assignee as a provision 

of the lease. The facility services and common area maintenance 

shall be provided at a rate no higher than the rate charged to 

non-Federal tenants of the transferred property. Facility services 

and common area maintenance covered by the lease shall not 

include— 

‘‘(I) municipal services that a State or local government 

is required by law to provide to all landowners in its jurisdiction 

without direct charge; or 

‘‘(II) firefighting or security-guard functions.’’. 

115 STAT. 1312 PUBLIC LAW 107–107—DEC. 28, 2001
 

(b) 1990 LAW.—Section 2905(b)(4)(E) of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public 

Law 101–510; 10 U.S.C. 2687 note) is amended by adding at the 

end the following new clause: ‘‘(v) Notwithstanding clause (iii), if a lease under clause (i) 

involves a substantial portion of the installation, the department 

or agency concerned may obtain facility services for the leased 

property and common area maintenance from the redevelopment 

authority or the redevelopment authority’s assignee as a provision 

of the lease. The facility services and common area maintenance 

shall be provided at a rate no higher than the rate charged to 

non-Federal tenants of the transferred property. Facility services 

and common area maintenance covered by the lease shall not 

include— 

‘‘(I) municipal services that a State or local government 

is required by law to provide to all landowners in its jurisdiction 

without direct charge; or ‘‘(II) firefighting or security-guard functions.’’. 

Subtitle D—Land Conveyances 

PART I—ARMY CONVEYANCES 

SEC. 2831. LAND CONVEYANCE, WHITTIER-ANCHORAGE PIPELINE 

TANK FARM, ANCHORAGE, ALASKA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Port of Anchorage, an entity of the Municipality 

of Anchorage, Alaska (in this section referred to as the ‘‘Port’’), 

all right, title, and interest of the United States in and to two 

adjoining parcels of real property, including any improvements 

thereon, consisting of approximately 48 acres in Anchorage, Alaska, 

which are known as the Whittier-Anchorage Pipeline Tank Farm, 

for the purpose of permitting the Port to use the parcels for economic 

development. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the Port shall pay to the United States an amount, 

in cash or in-kind, equal to not less than the fair market value 

of the conveyed property, as determined by the Secretary. The 

Secretary may authorize the Port to carry out, as in-kind consideration, environmental remediation activities for the property to be 

conveyed. 

(c) TIME FOR CONVEYANCE.—The Secretary may delay the 

conveyance under subsection (a) until such time as the Army studies 

relating to the Alaska deployment of the Interim Brigade Combat 

Team in Alaska are completed. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

The cost of the survey shall be borne by the Port. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2832. LEASE AUTHORITY, FORT DERUSSY, HAWAII. 

(a) LEASE AUTHORIZED.—Notwithstanding section 809 of the 

Military Construction Authorization Act, 1968 (Public Law 90– 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1313
 

110; 81 Stat. 309), and section 2814(b) of the Military Construction 

Authorization Act, 1989 (Public Law 100–456; 102 Stat. 2117), 

the Secretary of the Army may enter into a lease with the City 

and County of Honolulu, Hawaii, for the purpose of making available to the City and County a parcel of real property at Fort 

DeRussy, Hawaii, for the construction and operation of a parking 

facility. The size and location of the parcel shall be determined 

by the Secretary. 

(b) TERMS AND CONDITIONS.—The lease under subsection (a) 

may be for such term of years, require such consideration, and 

contain such other terms and conditions as the Secretary considers 

appropriate to protect the interests of the United States. 

(c) RELATIONSHIP TO OTHER LEASE AUTHORITY.—Section 2667 

of title 10, United States Code, shall not apply to the lease under 

subsection (a). 

(d) DISPOSITION OF MONEY RENTALS.—All money rentals 

received pursuant to the lease under subsection (a) shall be— (1) retained by the Secretary; 

(2) credited to an appropriation account that supports the 

operation and maintenance of Fort DeRussy; and 

(3) available for such purpose until expended. 

SEC. 2833. MODIFICATION OF LAND EXCHANGE, ROCK ISLAND 

ARSENAL, ILLINOIS. 

(a) ADDITIONAL CONVEYANCE AUTHORIZED.—Subsection (a) of 

section 2832 of the Military Construction Authorization Act for 

Fiscal Year 2000 (division B of Public Law 106–65; 113 Stat. 857) 

is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘CONVEYANCE AUTHORIZED.—’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) The Secretary may convey to the City all right, title, 

and interest of the United States in and to an additional parcel 

of real property, including improvements thereon, at the Rock Island 

Arsenal consisting of approximately .513 acres.’’. (b) CONSIDERATION.—Subsection (b) of such section is 

amended— 

(1) by inserting ‘‘(1)’’ after ‘‘CONSIDERATION.—’’; 

(2) by striking ‘‘subsection (a)’’ both places it appears and 

inserting ‘‘subsection (a)(1)’’; and 

(3) by adding at the end the following new paragraph: 

‘‘(2) As consideration for the conveyance under subsection (a)(2), 

the City shall convey to the Secretary all right, title, and interest 

of the City in and to a parcel of real property consisting of approximately .063 acres and construct on the parcel, at the City’s expense, 

a new access ramp to the Rock Island Arsenal.’’. 

SEC. 2834. LAND CONVEYANCE, FORT DES MOINES, IOWA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey, without consideration, to Fort Des Moines Memorial Park, 

Inc., a nonprofit organization (in this section referred to as the 

‘‘Memorial Park’’), all right, title, and interest of the United States 

in and to a parcel of real property, including improvements thereon, 

consisting of approximately 4.6 acres located at Fort Des Moines 

United States Army Reserve Center, Des Moines, Iowa, for the 

purpose of the establishment of the Fort Des Moines Memorial 

Park and Education Center. 

115 STAT. 1314 PUBLIC LAW 107–107—DEC. 28, 2001
 

(b) CONDITION OF CONVEYANCE.—The conveyance under subsection (a) shall be subject to the condition that the Memorial 

Park use the property for museum and park purposes. 

(c) REVERSION.—If the Secretary determines at any time that 

the real property conveyed under subsection (a) is not being used 

for museum and park purposes, all right, title, and interest in 

and to the real property, including any improvements thereon, 

shall revert to the United States, and the United States shall 

have the right of immediate entry thereon. 

(d) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The 

Memorial Park shall reimburse the Secretary for the excess costs 

incurred by the Secretary for any environmental assessment, study, 

or analysis, or for any other excess costs incurred by the Secretary, 

in connection with the conveyance authorized by this section, if 

the excess costs were incurred as a result of a request by the 

Memorial Park. In this paragraph, the term ‘‘excess costs’’ means 

costs in excess of those costs considered reasonable and necessary 

by the Secretary to comply with existing law to make the conveyance 

authorized by subsection (a). 

(2) Section 2695(c) of title 10, United States Code, shall apply 

to any amount received under this subsection. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Secretary. 

The cost of the survey shall be borne by the Memorial Park. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2835. MODIFICATION OF LAND CONVEYANCES, FORT DIX, NEW 

JERSEY. 

Section 2835(c) of the Military Construction Authorization Act 

for Fiscal Year 1998 (division B of Public Law 105–85; 111 Stat. 

2004) is amended by adding at the end the following new paragraph: ‘‘(3) Notwithstanding paragraph (1) or (2), the Borough and 

Board may exchange between each other, without the consent of 

the Secretary, all or any portion of the property conveyed under 

subsection (a) so long as the property continues to be used by 

the grantees for economic development or educational purposes.’’. 

SEC. 2836. LAND CONVEYANCE, ENGINEER PROVING GROUND, FORT 

BELVOIR, VIRGINIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Army may 

convey to the Commonwealth of Virginia (in this section referred 

to as the ‘‘Commonwealth’’) all right, title, and interest of United 

States in and to two parcels of real property, including any improvements thereon, located at the Engineer Proving Ground, Fort 

Belvoir, Virginia, as follows: 

(1) The parcel, consisting of approximately 170 acres, that 

is to be used for construction of a portion of the Fairfax County 

Parkway. 

(2) The parcel, consisting of approximately 11.45 acres, 

that is subject to an easement previously granted to the 

Commonwealth as Army easement DACA 31–3–96–440 for the 

construction of a portion of Interstate Highway 95. 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the Commonwealth shall— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1315
 

(1) design and construct, at its expense and for public 

benefit, the portion of the Fairfax County Parkway through 

the Engineer Proving Ground; 

(2) provide a conceptual design for eventual incorporation 

and construction by others of access into the Engineer Proving 

Ground at the Rolling Road Interchange from Fairfax County 

Parkway as specified in Virginia Department of Transportation 

Project #R000–029–249, C514; 

(3) provide such easements or rights of way for utilities 

under or across the Fairfax County Parkway as the Secretary 

considers appropriate for the optimum development of the Engineer Proving Ground; and 

(4) pay the United States an amount, jointly determined 

by the Secretary and the Commonwealth, appropriate to cover 

the costs of constructing a replacement building for building 

5089 located on the Engineer Proving Ground. 

(c) RESPONSIBILITY FOR ENVIRONMENTAL CLEANUP.—The Secretary shall retain liability under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 

U.S.C. 9601 et seq.), and any other applicable environmental statute 

or regulation, for any environmental hazard on the property conveyed under subsection (a) as of the date of the conveyance under 

that subsection. 

(d) ACCEPTANCE AND DISPOSITION OF FUNDS.—(1) The Secretary 

of the Army may accept the funds paid by the Commonwealth 

as consideration under subsection (b)(4) and shall credit the 

accepted funds to the appropriation or appropriations that are 

appropriate for paying the costs of the replacement of Building 

5089, located on the Engineer Proving Ground, Fort Belvoir, Virginia, consistent with paragraphs (2) and (3) of this subsection. 

(2) Funds accepted under paragraph (1) shall be available, 

until expended, for the replacement of Building 5089. 

(3) Funds appropriated pursuant to the authorization of appropriations in section 301(a)(1), and funds appropriated pursuant 

to the authorization of appropriations in section 2104(a)(4), shall 

be available in accordance with section 2805 of title 10, United 

States Code, for the excess, if any, of the cost of the replacement 

of Building 5089 over the amount available for such project under 

paragraph (2). 

(e) DESCRIPTION OF PROPERTY.—(1) The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a)(1) shall be determined by a survey satisfactory to the Secretary. 

The cost of the survey shall be borne by the Commonwealth. 

(2) The exact acreage and legal description of the real property 

to be conveyed under subsection (a)(2) are as set forth in Army 

easement DACA 31–3–96–440. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2837. LAND EXCHANGE AND CONSOLIDATION, FORT LEWIS, 

WASHINGTON. 

(a) EXCHANGE AUTHORIZED.—(1) The Secretary of the Army 

may convey to the Nisqually Tribe, a federally recognized Indian 

tribe whose tribal lands are located within the State of Washington, 

all right, title, and interest of the United States in and to two 

115 STAT. 1316 PUBLIC LAW 107–107—DEC. 28, 2001
 

parcels of real property, including any improvements thereon, consisting of approximately 138 acres at Fort Lewis, Washington, in 

exchange for the real property described in subsection (b). 

(2) The property authorized for conveyance under paragraph 

(1) does not include Bonneville Power Administration transmission 

facilities or the right of way described in subsection (c). 

(b) CONSIDERATION.—As consideration for the conveyance under 

subsection (a), the Nisqually Tribe shall— (1) acquire from Thurston County, Washington, several 

parcels of real property consisting of approximately 416 acres 

that are owned by the county, are located within the boundaries 

of Fort Lewis, and are currently leased by the Army; and 

(2) convey fee title over the acquired property to the Secretary. 

(c) RIGHT-OF-WAY FOR BONNEVILLE POWER ADMINISTRATION.— The Secretary may use the authority provided in section 2668 

of title 10, United States Code, to convey to the Bonneville Power 

Administration a right-of-way that authorizes the Bonneville Power 

Administration to use real property at Fort Lewis as a route for 

the Grand Coulee-Olympia and Olympia-White River electric transmission lines and appurtenances for the purpose of facilitating 

the removal of such transmission lines from tribal lands of the 

Nisqually Tribe. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) and acquired under subsection (b) shall be determined by surveys 

satisfactory to the Secretary and the Nisqually Tribe. The cost 

of a survey shall be borne by the recipient of the property being 

surveyed. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2838. LAND CONVEYANCE, ARMY RESERVE CENTER, KEWAUNEE, 

WISCONSIN. 

(a) CONVEYANCE AUTHORIZED.—The Administrator of General 

Services may convey, without consideration, to the City of 

Kewaunee, Wisconsin (in this section referred to as the ‘‘City’’), 

all right, title, and interest of the United States in and to a parcel 

of Federal real property, including improvements thereon, that is 

located at 401 5th Street in Kewaunee, Wisconsin, and contains 

a surplus Army Reserve Center. After such conveyance, the property 

may be used and occupied only by the City or by another local 

or State government entity approved by the City. 

(b) REVERSIONARY INTEREST.—(1) During the 20-year period 

beginning on the date the Administrator makes the conveyance 

under subsection (a), if the Administrator determines that the conveyed property is not being used and occupied in accordance with 

such subsection, all right, title, and interest in and to the property, 

including any improvements thereon, shall revert to the United 

States. 

(2) Upon reversion, the Administrator shall immediately proceed to a public sale of the property. The Administrator shall 

deposit the net proceeds from the public sale in the land and 

water conservation fund established under section 2 of the Land 

and Water Conservation Fund Act of 1965 (16 U.S.C 460l–5). 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1317
 

(c) ADDITIONAL LIMITATION ON USE.—The property conveyed 

under subsection (a) shall not be used for commercial purposes. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by a survey satisfactory to the Administrator. The cost of the survey shall be borne by the City. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Administrator 

may require such additional terms and conditions in connection 

with the conveyance under subsection (a) as the Administrator 

considers appropriate to protect the interests of the United States. 

PART II—NAVY CONVEYANCES 

SEC. 2841. TRANSFER OF JURISDICTION, CENTERVILLE BEACH NAVAL 

STATION, HUMBOLDT COUNTY, CALIFORNIA. 

(a) TRANSFER AUTHORIZED.—The Secretary of the Navy may 

transfer, without reimbursement, to the administrative jurisdiction 

of the Secretary of the Interior the real property, including any 

improvements thereon, consisting of the closed Centerville Beach 

Naval Station in Humboldt County, California, for the purpose 

of permitting the Secretary of the Interior to manage the real 

property as open space or for other public purposes. 

(b) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under this section shall 

be determined by a survey satisfactory to the Secretary of the 

Navy. The cost of the survey shall be borne by the Secretary 

of the Interior. 

(c) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with the transfer under subsection (a) as the Secretary of 

the Navy considers appropriate to protect the interests of the United 

States. 

SEC. 2842. LAND CONVEYANCE, PORT OF LONG BEACH, CALIFORNIA. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Navy may 

convey to the City of Long Beach, California, acting by and through 

its Board of Harbor Commissioners (in this section referred to 

as the ‘‘City’’), all right, title, and interest of the United States 

in and to up to 11.08 acres of real property, including any improvements thereon, comprising a portion of the Navy Mole at the former 

Long Beach Naval Complex, Long Beach, California, for the purpose 

of permitting the City to use the property to support the reuse 

of other former Navy property conveyed to the City. 

(b) CONSIDERATION.—(1) Subject to paragraph (2), as consideration for the conveyance under subsection (a), the City shall— 

(A) convey to the Secretary all right, title, and interest 

of the City in and to a parcel of real property of equal size 

on the Mole that is acceptable to the Secretary; and 

(B) construct on the property conveyed under subparagraph 

(A) suitable replacement fuel transfer and storage facilities 

for the Navy, similar or equivalent to the facilities on the 

property to be conveyed under subsection (a), as determined 

necessary by the Secretary. 

(2) If the Secretary determines that replacement fuel transfer 

and storage facilities are not required by the Navy, the Secretary 

may make the conveyance under subsection (a) at no cost to the 

City. 

115 STAT. 1318 PUBLIC LAW 107–107—DEC. 28, 2001
 

(c) TIME FOR CONVEYANCE.—Unless the Secretary makes the 

determination referred to in subsection (b)(2), the conveyance to 

the City authorized by subsection (a) shall be made only after 

the Secretary determines that the replacement fuel transfer and 

storage facilities have been constructed and are ready for use. 

(d) CONSTRUCTION SCHEDULE.—The City shall construct the 

replacement fuel transfer and storage facilities pursuant to such 

schedule and in such a manner so as to not interrupt or otherwise 

adversely affect the capability of the Navy to accomplish its mission. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsections 

(a) and (b) shall be determined by surveys satisfactory to the 

Secretary. The City shall be responsible for conducting the surveys. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2843. CONVEYANCE OF PIER, NAVAL BASE, SAN DIEGO, CALIFORNIA. 

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy 

may convey, without consideration, to the San Diego Aircraft Carrier Museum or its designee (in this section referred to as the 

‘‘Museum’’) all right, title, and interest of the United States in 

and to the property known as Pier 11A at Naval Base, San Diego, 

California, together with associated structures and interests in the 

land underlying the pier, if any, for the purpose of permitting 

the Museum to use the property to berth a vessel and operate 

a museum for the general public. 

(2) The Secretary may not make the conveyance until such 

time as the Museum certifies that the Museum has acquired an 

interest in property from the State of California or a political 

subdivision of the State to facilitate the use of the conveyed pier 

to berth a vessel and operate a museum for the general public. 

(b) ASSUMPTION OF LIABILITY.—The Museum shall expressly 

accept any and all liability pertaining to the physical condition 

of the property conveyed under subsection (a) and shall hold the 

United States harmless from any and all liability arising from 

the property’s physical condition. 

(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The 

Museum shall reimburse the Secretary for the excess costs incurred 

by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in 

connection with the conveyance authorized by this section, if the 

excess costs were incurred as a result of a request by the Museum. 

In this paragraph, the term ‘‘excess costs’’ means costs in excess 

of those costs considered reasonable and necessary by the Secretary 

to comply with existing law to make the conveyance authorized 

by subsection (a). 

(2) Section 2695(c) of title 10, United States Code, shall apply 

to any amount received by the Secretary under this subsection. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the property to be conveyed under subsection (a) 

shall be determined by a survey satisfactory to the Secretary. The 

cost of the survey shall be borne by the Museum. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1319
 

the conveyance under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2844. MODIFICATION OF AUTHORITY FOR CONVEYANCE OF 

NAVAL COMPUTER AND TELECOMMUNICATIONS STATION, CUTLER, MAINE. 

Section 2853(a) of the Military Construction Authorization Act 

for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A– 430) is amended by inserting ‘‘any or’’ before ‘‘all right’’. 

SEC. 2845. LAND TRANSFER AND CONVEYANCE, NAVAL SECURITY 

GROUP ACTIVITY, WINTER HARBOR, MAINE. 

(a) TRANSFER OF JURISDICTION OF SCHOODIC POINT PROPERTY 

AUTHORIZED.—(1) The Secretary of the Navy may transfer to the 

Secretary of the Interior administrative jurisdiction of a parcel 

of real property, including any improvements thereon and appurtenances thereto, consisting of approximately 26 acres as generally 

depicted as Tract 15–116 on the map entitled ‘‘Acadia National 

Park Schoodic Point Area’’, numbered 123/80,418 and dated May 

2001. The map shall be on file and available for inspection in 

the appropriate offices of the National Park Service. 

(2) The transfer authorized by this subsection shall occur, if 

at all, concurrently with the reversion of administrative jurisdiction 

of a parcel of real property consisting of approximately 71 acres, 

as depicted as Tract 15–115 on the map referred to in paragraph 

(1), from the Secretary of the Navy to the Secretary of the Interior 

as authorized by Public Law 80–260 (61 Stat. 519) and to be 

executed on or about June 30, 2002. 

(b) CONVEYANCE OF COREA AND WINTER HARBOR PROPERTIES 

AUTHORIZED.—The Secretary of the Navy may convey, without 

consideration, to the State of Maine, any political subdivision of 

the State of Maine, or any tax-supported agency in the State of 

Maine, all right, title, and interest of the United States in and 

to any of the parcels of real property, including any improvements 

thereon and appurtenances thereto, consisting of approximately 

485 acres and comprising the former facilities of the Naval Security 

Group Activity, Winter Harbor, Maine, located in Hancock County, 

Maine, less the real property described in subsection (a)(1), for 

the purpose of economic redevelopment. 

(c) TRANSFER OF PERSONAL PROPERTY.—The Secretary of the 

Navy may transfer, without consideration, to the Secretary of the 

Interior in the case of the real property transferred under subsection 

(a), or to any recipient of such real property in the case of real 

property conveyed under subsection (b), any or all personal property 

associated with the real property so transferred or conveyed, 

including any personal property required to continue the maintenance of the infrastructure of such real property (including the 

generators for an uninterrupted power supply in building 154 at 

the Corea site). 

(d) MAINTENANCE OF PROPERTY PENDING CONVEYANCE.—(1) 

The Secretary of the Navy shall maintain any real property, 

including any improvements thereon, appurtenances thereto, and 

supporting infrastructure, to be conveyed under subsection (b) in 

accordance with the protection and maintenance standards specified 

in section 101–47.4913 of title 41, Code of Federal Regulations, 

until the earlier of— 

(A) the date of the conveyance of such real property under 

subsection (b); or 

115 STAT. 1320 PUBLIC LAW 107–107—DEC. 28, 2001
 

(B) September 30, 2003. 

(2) The requirement in paragraph (1) shall not be construed 

as authority to improve the real property, improvements, and infrastructure referred to in that paragraph so as to bring such real 

property, improvements, or infrastructure into compliance with any 

zoning or property maintenance codes or to repair any damage 

to such improvements and infrastructure caused by natural accident 

or disaster. 

(e) INTERIM LEASE.—(1) Until such time as any parcel of real 

property to be conveyed under subsection (b) is conveyed by deed 

under that subsection, the Secretary of the Navy may lease such 

parcel to any person or entity determined by the Secretary to 

be an appropriate lessee of such parcel. 

(2) The amount of rent for a lease under paragraph (1) shall 

be the amount determined by the Secretary to be appropriate, 

and may be an amount less than the fair market value of the 

lease. 

(f) REIMBURSEMENT FOR ENVIRONMENTAL AND OTHER ASSESS­ MENTS.—(1) The Secretary of the Navy may require each recipient 

of real property conveyed under subsection (b) to reimburse the 

Secretary for the excess costs incurred by the Secretary for any 

environmental assessment, study, or analysis carried out by the 

Secretary in connection with the conveyance of such property, if 

the excess costs were incurred as a result of a request by the 

recipient. In this paragraph, the term ‘‘excess costs’’ means costs 

in excess of those costs considered reasonable and necessary by 

the Secretary to comply with existing law to make the conveyance 

to the recipient. 

(2) Section 2695(c) of title 10, United States Code, shall apply 

to any amount received by the Secretary under this subsection. 

(g) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property transferred under subsection (a), 

and each parcel of real property conveyed under subsection (b), 

shall be determined by a survey satisfactory to the Secretary of 

the Navy. The cost of any survey for real property conveyed under 

subsection (b) shall be borne by the recipient of the real property. 

(h) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Navy may require such additional terms and conditions in connection with any conveyance under subsection (b), and any lease under 

subsection (e), as the Secretary considers appropriate to protect 

the interests of the United States. 

SEC. 2846. LAND ACQUISITION, PERQUIMANS COUNTY, NORTH CAROLINA. 

The Secretary of the Navy may, using funds previously appropriated for such purpose, acquire any and all right, title, and 

interest in and to a parcel of real property, including improvements 

thereon, consisting of approximately 240 acres, or any portion 

thereof, in Perquimans County, North Carolina, for purposes of 

including such parcel in the Harvey Point Defense Testing Activity, 

Hertford, North Carolina. 

SEC. 2847. LAND CONVEYANCE, NAVAL WEAPONS INDUSTRIAL 

RESERVE PLANT, TOLEDO, OHIO. 

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Navy 

may convey, without consideration, to the Toledo-Lucas County 

Port Authority, Ohio (in this section referred to as the ‘‘Port 

Authority’’), any or all right, title, and interest of the United States 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1321
 

in and to a parcel of real property, including any improvements 

thereon, consisting of approximately 29 acres and comprising the 

Naval Weapons Industrial Reserve Plant, Toledo, Ohio. 

(2) The Secretary may include in the conveyance under paragraph (1) such facilities, equipment, fixtures, and other personal 

property located or based on the parcel conveyed under that paragraph, or used in connection with the parcel, as the Secretary 

determines to be excess to the Navy. 

(b) LEASE AUTHORITY.—Until such time as the real property 

described in subsection (a)(1) is conveyed by deed, the Secretary 

may lease such real property, and any personal property described 

in subsection (a)(2), to the Port Authority in exchange for such 

security, fire protection, and maintenance services as the Secretary 

considers appropriate. 

(c) CONDITIONS OF CONVEYANCE.—The conveyance under subsection (a), and any lease under subsection (b), shall be subject 

to the conditions that the Port Authority— 

(1) accept the real and personal property concerned in 

their condition at the time of the conveyance or lease, as the 

case may be; and 

(2) except as provided in subsection (d), use the real and 

personal property concerned, whether directly or through an 

agreement with a public or private entity, for economic development or such other public purposes as the Port Authority 

considers appropriate. 

(d) SUBSEQUENT USE.—(1) Subject to the approval of the Secretary, the Port Authority may sublease real property or personal 

property covered by a lease under subsection (b) to another person 

for economic development or such other public purposes as the 

Port Authority considers appropriate. 

(2) Following the conveyance of real property under subsection 

(a), the Port Authority may lease or reconvey the real property, 

and any personal property conveyed with such real property under 

that subsection, for economic development or such other public 

purposes as the Port Authority considers appropriate. 

(e) REIMBURSEMENT FOR COSTS OF CONVEYANCE AND LEASE.— 

(1) The Port Authority shall reimburse the Secretary for the excess 

costs incurred by the Secretary for any environmental assessment, 

study, or analysis, or for any other excess costs incurred by the 

Secretary, in connection with the conveyance authorized by this 

section, if the excess costs were incurred as a result of a request 

by the Port Authority. In this paragraph, the term ‘‘excess costs’’ 

means costs in excess of those costs considered reasonable and 

necessary by the Secretary to comply with existing law to make 

the conveyance authorized by subsection (a). 

(2) Section 2695(c) of title 10, United States Code, shall apply 

to any amount received by the Secretary under this subsection. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a)(1), and an appropriate inventory or other description of the 

personal property to be conveyed under subsection (a)(2), shall 

be determined by a survey and other means satisfactory to the 

Secretary. The cost of the survey shall be borne by the Port 

Authority. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

115 STAT. 1322 PUBLIC LAW 107–107—DEC. 28, 2001
 

the conveyance under subsection (a)(1), and any lease under subsection (b), as the Secretary considers appropriate to protect the 

interests of the United States. 

SEC. 2848. MODIFICATION OF LAND CONVEYANCE, FORMER UNITED 

STATES MARINE CORPS AIR STATION, EAGLE MOUNTAIN 

LAKE, TEXAS. 

Section 5 of Public Law 85–258 (71 Stat. 583) is amended 

by inserting before the period at the end the following: ‘‘or for 

the protection, maintenance, and operation of other Texas National 

Guard facilities’’. 

PART III—AIR FORCE CONVEYANCES 

SEC. 2851. CONVEYANCE OF AVIGATION EASEMENTS, FORMER 

NORTON AIR FORCE BASE, CALIFORNIA. 

(a) CONVEYANCE REQUIRED.—The Administrator of General 

Services shall convey, without consideration, to the Inland Valley 

Development Agency (the redevelopment authority for former 

Norton Air Force Base, California) two avigation easements (identified as APN 289–231–08 and APN 289–232–08) held by the United 

States. 

(b) CONDITION OF CONVEYANCE.—The conveyance required by 

subsection (a) shall be subject to the condition that, if the recipient 

sells one or both of the easements conveyed under subsection (a), 

the recipient shall pay to the United States an amount equal 

to the lesser of— 

(1) the sale price of the easement; or 

(2) the fair market value of the easement. 

(c) DURATION OF CONDITION.—The condition specified in subsection (b) shall apply only to a conveyance that occurs during 

the 10-year period beginning on the date the Administrator makes 

the conveyance required by subsection (a). 

SEC. 2852. REEXAMINATION OF LAND CONVEYANCE, LOWRY AIR 

FORCE BASE, COLORADO. 

The Secretary of the Air Force shall reevaluate the terms 

and conditions of the pending negotiated sale agreement with the 

Lowry Redevelopment Authority for certain real property at Lowry 

Air Force Base, Colorado, in light of changed circumstances 

regarding the property, including changes in the flood plain designations affecting some of the property, to determine whether the 

changed circumstances warrant a reduction in the amount of consideration otherwise required under the agreement or other modifications to the agreement. 

SEC. 2853. WATER RIGHTS CONVEYANCE, ANDERSEN AIR FORCE BASE, 

GUAM. 

(a) AUTHORITY TO CONVEY.—In conjunction with the conveyance 

of the water supply system for Andersen Air Force Base, Guam, 

under the authority of section 2688 of title 10, United States Code, 

and in accordance with all the requirements of that section, the 

Secretary of the Air Force may convey all right, title, and interest 

of the United States, or such lesser estate as the Secretary considers 

appropriate to serve the interests of the United States, in the 

water rights related to the following Air Force properties located 

on Guam: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1323
 

(1) Andy South, also known as the Andersen Administrative 

Annex. 

(2) Marianas Bonins Base Command. 

(3) Andersen Water Supply Annex, also known as the 

Tumon Water Well or the Tumon Maui Well. 

(b) ADDITIONAL REQUIREMENTS.—The Secretary may exercise 

the authority contained in subsection (a) only if the Secretary— 

(1) determines that adequate supplies of potable groundwater exist under the main base and northwest field portions 

of Andersen Air Force Base to meet the current and longterm requirements of the installation for water; 

(2) determines that such supplies of groundwater are 

economically obtainable; and 

(3) requires the conveyee of the water rights under subsection (a) to provide a water system capable of meeting the 

water supply needs of the main base and northwest field portions of Andersen Air Force Base, as determined by the Secretary. 

(c) INTERIM WATER SUPPLIES.—If the Secretary determines that 

it is in the best interests of the United States to transfer title 

to the water rights and utility systems at Andy South and Andersen 

Water Supply Annex before placing into service a replacement 

water system and well field on Andersen Air Force Base, the Secretary may require that the United States have the primary right 

to all water produced from Andy South and Andersen Water Supply 

Annex until the replacement water system and well field is placed 

into service and operates to the satisfaction of the Secretary. In 

exercising the authority provided by this subsection, the Secretary 

may retain a reversionary interest in the water rights and utility 

systems at Andy South and Andersen Water Supply Annex until 

such time as the replacement water system and well field is placed 

into service and operates to the satisfaction of the Secretary. 

(d) SALE OF EXCESS WATER AUTHORIZED.—(1) As part of the 

conveyance of water rights under subsection (a), the Secretary 

may authorize the conveyee of the water system to sell to public 

or private entities such water from Andersen Air Force Base as 

the Secretary determines to be excess to the needs of the United 

States. In the event the Secretary authorizes the conveyee to resell 

water, the Secretary shall negotiate a reasonable return to the 

United States of the value of such excess water sold by the conveyee, 

which return the Secretary may receive in the form of reduced 

charges for utility services provided by the conveyee. 

(2) If the Secretary cannot meet the requirements of subsection 

(b), and the Secretary determines to proceed with a water utility 

system conveyance under section 2688 of title 10, United States 

Code, without the conveyance of water rights, the Secretary may 

provide in any such conveyance that the conveyee of the water 

system may sell to public or private entities such water from 

Andy South and Andersen Water Supply Annex as the Secretary 

determines to be excess to the needs of the United States. The 

Secretary shall negotiate a reasonable return to the United States 

of the value of such excess water sold by the conveyee, which 

return the Secretary may receive in the form of reduced charges 

for utility services provided by the conveyee. 

(e) TREATMENT OF WATER RIGHTS.—For purposes of section 

2688 of title 10, United States Code, the water rights referred 

115 STAT. 1324 PUBLIC LAW 107–107—DEC. 28, 2001
 

to in subsection (a) shall be considered as part of a utility system 

(as that term is defined in subsection (h)(2) of such section). 

SEC. 2854. CONVEYANCE OF SEGMENT OF LORING PETROLEUM PIPELINE, MAINE, AND RELATED EASEMENTS. 

(a) CONVEYANCE AUTHORIZED.—The Secretary of the Air Force 

may convey, without consideration, to the Loring Development 

Authority, Maine (in this section referred to as the ‘‘Authority’’), 

all right, title, and interest of the United States in and to the 

segment of the Loring Petroleum (POL) Pipeline, Maine, consisting 

of approximately 27 miles in length and running between the 

Searsport terminal and Bangor Air National Guard Base. 

(b) RELATED EASEMENTS.—As part of the conveyance authorized 

by subsection (a), the Secretary may convey to the Authority, without consideration, all right, title, and interest of the United States 

in and to any easements or rights-of-way necessary for the operation 

or maintenance of the segment of pipeline conveyed under that 

subsection. 

(c) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The 

Authority shall reimburse the Secretary for the excess costs incurred 

by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in 

connection with the conveyance authorized by this section, if the 

excess costs were incurred as a result of a request by the Authority. 

In this paragraph, the term ‘‘excess costs’’ means costs in excess 

of those costs considered reasonable and necessary by the Secretary 

to comply with existing law to make the conveyance authorized 

by subsection (a). 

(2) Section 2695(c) of title 10, United States Code, shall apply 

to any amount received by the Secretary under this subsection. 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the segment of pipeline conveyed under subsection 

(a), and of any easements or rights-of-way conveyed under subsection (b), shall be determined by surveys and other means satisfactory to the Secretary. The cost of any survey or other services 

performed at the direction of the Secretary under the preceding 

sentence shall be borne by the Authority. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under this section as the Secretary considers appropriate to protect the interests of the United States. 

SEC. 2855. LAND CONVEYANCE, PETROLEUM TERMINAL SERVING 

FORMER LORING AIR FORCE BASE AND BANGOR AIR 

NATIONAL GUARD BASE, MAINE. 

(a) CONVEYANCE AUTHORIZED.—(1) The Secretary of the Air 

Force may convey to the Maine Port Authority of the State of 

Maine (in this section referred to as the ‘‘Authority’’) all right, 

title, and interest of the United States in and to the Petroleum 

Terminal (POL) at Mack Point, Searsport, Maine, which served 

former Loring Air Force Base and Bangor Air National Guard 

Base, Maine. 

(2) The conveyance under paragraph (1) may include the following: 

(A) A parcel of real property, including any improvements 

thereon, consisting of approximately 20 acres and comprising 

a portion of the Petroleum Terminal. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1325
 

(B) Any additional fuel tanks, other improvements, and 

equipment located on the 43-acre parcel of property adjacent 

to the property described in subparagraph (A), and leased by 

the Secretary as of the date of the enactment of this Act, 

which constitutes the remaining portion of the Petroleum Terminal. 

(b) CONDITION OF CONVEYANCE.—The Secretary may not make 

the conveyance under subsection (a) unless the Authority agrees 

to utilize the property to be conveyed under that subsection solely 

for economic development purposes. 

(c) CONSIDERATION.—(1) As consideration for the conveyance 

under subsection (a), the Authority shall lease to the Secretary 

approximately one acre of the real property conveyed under that 

subsection, together with any improvements thereon, that constitutes the Aerospace Fuels Laboratory (also known as Building 

14). 

(2) The real property leased under this subsection shall include 

the parking lot, outbuildings, and other improvements associated 

with the Aerospace Fuels Laboratory and such easements of ingress 

and egress to the real property, including easements for utilities, 

as are required for the operations of the Aerospace Fuels Laboratory. 

(3) As part of the lease of real property under this subsection, 

the Authority shall maintain around the real property for the 

term of the lease a zone, not less than 75 feet in depth, free 

of improvements or encumbrances. 

(4) The lease under this subsection shall be without cost to 

the United States. 

(5) The term of the lease under this subsection may not exceed 

25 years. If operations at the Aerospace Fuels Laboratory cease 

before the expiration of the term of the lease otherwise provided 

for under this subsection, the lease shall be deemed to have expired 

upon the cessation of such operations. 

(d) CONVEYANCE CONTINGENT ON EXPIRATION OF LEASE OF FUEL 

TANKS.—The Secretary may not make the conveyance under subsection (a) until the expiration of the lease referred to in paragraph 

(2)(B) of that subsection. 

(e) REIMBURSEMENT FOR COSTS OF CONVEYANCE.—(1) The 

Authority shall reimburse the Secretary for the excess costs incurred 

by the Secretary for any environmental assessment, study, or analysis, or for any other excess costs incurred by the Secretary, in 

connection with the conveyance authorized by this section, if the 

excess costs were incurred as a result of a request by the Authority. 

In this paragraph, the term ‘‘excess costs’’ means costs in excess 

of those costs considered reasonable and necessary by the Secretary 

to comply with existing law to make the conveyance authorized 

by subsection (a). 

(2) Section 2695(c) of title 10, United States Code, shall apply 

to any amount received by the Secretary under this subsection. 

(f) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property conveyed under subsection (a) shall 

be determined by a survey satisfactory to the Secretary. The cost 

of the survey shall be borne by the Authority. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyance under subsection (a), and the lease under subsection 

115 STAT. 1326 PUBLIC LAW 107–107—DEC. 28, 2001
 

(c), as the Secretary considers appropriate to protect the interests 

of the United States. 

SEC. 2856. LAND CONVEYANCES, CERTAIN FORMER MINUTEMAN III 

ICBM FACILITIES IN NORTH DAKOTA. 

(a) CONVEYANCES AUTHORIZED.—(1) The Secretary of the Air 

Force may convey, without consideration, to the State Historical 

Society of North Dakota (in this section referred to as the ‘‘Historical 

Society’’) all right, title, and interest of the United States in and 

to parcels of real property, together with any improvements thereon, 

of the Minuteman III ICBM facilities of the former 321st Missile 

Group at Grand Forks Air Force Base, North Dakota, as follows: 

(A) The parcel consisting of the launch facility designated ‘‘November–33’’. (B) The parcel consisting of the missile alert facility and 

launch control center designated ‘‘Oscar-O’’. (2) The purpose of the conveyance of the facilities is to provide 

for the establishment of an historical site allowing for the preservation, protection, and interpretation of the facilities. 

(b) CONSULTATION.—The Secretary shall consult with the Secretary of State and the Secretary of Defense in order to ensure 

that the conveyances required by subsection (a) are carried out 

in accordance with applicable treaties. 

(c) HISTORICAL SITE.—The Secretary may, in cooperation with 

the Historical Society, enter into one or more cooperative agreements with appropriate public or private entities or individuals 

in order to provide for the establishment and maintenance of the 

historic site referred to in subsection (a)(2). 

(d) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsection 

(a) shall be determined by survey satisfactory to the Secretary. 

The cost of the survey shall be borne by the Secretary. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under subsection (a) as the Secretary considers 

appropriate to protect the interests of the United States. 

SEC. 2857. LAND CONVEYANCES, CHARLESTON AIR FORCE BASE, 

SOUTH CAROLINA. 

(a) CONVEYANCE TO STATE OF SOUTH CAROLINA AUTHORIZED.— The Secretary of the Air Force may convey, without consideration, 

to the State of South Carolina (in this section referred to as the 

‘‘State’’), all right, title, and interest of the United States in and 

to a portion (as determined under subsection (c)) of the real property, including any improvements thereon, consisting of approximately 24 acres at Charleston Air Force Base, South Carolina, 

and comprising the Air Force Family Housing Annex. The purpose 

of the conveyance is to facilitate the Remount Road Project. 

(b) CONVEYANCE TO CITY OF NORTH CHARLESTON AUTHORIZED.—The Secretary may convey, without consideration, to the 

City of North Charleston, South Carolina (in this section referred 

to as the ‘‘City’’), all right, title, and interest of the United States 

in and to a portion (as determined under subsection (c)) of the 

real property, including any improvements thereon, referred to in 

subsection (a). The purpose of the conveyance is to permit the 

use of the property by the City for municipal purposes. 

(c) DETERMINATION OF PORTIONS OF PROPERTY TO BE CON­ VEYED.—(1) Subject to paragraph (2), the Secretary, the State, 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1327
 

and the City shall jointly determine the portion of the property 

referred to in subsection (a) that is to be conveyed to the State 

under subsection (a) and the portion of the property that is to 

be conveyed to the City under subsection (b). 

(2) In determining under paragraph (1) the portions of property 

to be conveyed under this section, the portion to be conveyed to 

the State shall be the minimum portion of the property required 

by the State for the purpose specified in subsection (a), and the 

portion to be conveyed to the City shall be the balance of the 

property. 

(d) LIMITATION ON CONVEYANCES.—The Secretary may not carry 

out the conveyance of property authorized by subsection (a) or 

(b) until the completion of an assessment of environmental contamination of the property authorized to be conveyed by such subsection 

for purposes of determining responsibility for environmental remediation of such property. 

(e) DESCRIPTION OF PROPERTY.—The exact acreage and legal 

description of the real property to be conveyed under subsections 

(a) and (b) shall be determined by surveys satisfactory to the 

Secretary. The cost of the survey for the property to be conveyed 

under subsection (a) shall be borne by the State, and the cost 

of the survey for the property to be conveyed under subsection 

(b) shall be borne by the City. 

(f) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the conveyances under subsections (a) and (b) as the Secretary 

considers appropriate to protect the interests of the United States. 

SEC. 2858. TRANSFER OF JURISDICTION, MUKILTEO TANK FARM, 

EVERETT, WASHINGTON. 

(a) TRANSFER AUTHORIZED.—The Secretary of the Air Force 

shall transfer, without reimbursement, to the Secretary of Commerce administrative jurisdiction over a parcel of real property, 

including improvements thereon, consisting of approximately 1.1 

acres located at the Mukilteo Tank Farm in Everett, Washington, 

and containing the Mukilteo Research Center facility of the National 

Marine Fisheries Service. 

(b) TIME FOR CONVEYANCE.—The Secretary of the Air Force 

shall make the transfer under subsection (a) at the same time 

that the Secretary makes the conveyance authorized by section 

2866 of the Military Construction Authorization Act for Fiscal Year 

2001 (division B of the Spence Act; 114 Stat. 1654A–436). 

(c) EXCHANGE.—With the consent of the Port Authority for 

Everett, Washington, the Secretary of Commerce may exchange 

with the Port Authority all or any portion of the property transferred under subsection (a) for a parcel of real property of equal 

area at the Mukilteo Tank Farm that is owned by the Port 

Authority. 

(d) ADMINISTRATION.—The Secretary of Commerce shall administer the property transferred under subsection (a) or received under 

subsection (c) through the Administrator of the National Oceanic 

and Atmospheric Administration as part of the Administration. 

The Administrator shall use the property as the location of a 

research facility, and may construct a new facility on the property 

for such research purposes as the Administrator considers appropriate. 

115 STAT. 1328 PUBLIC LAW 107–107—DEC. 28, 2001
 

(e) EFFECT OF FAILURE TO UTILIZE TRANSFERRED PROPERTY.— (1) If, after the 12-year period beginning on the date of the enactment of this Act, the Administrator is not using any portion of 

the property transferred under subsection (a) or received under 

subsection (c) for the purpose specified in subsection (d), the 

Administrator shall convey, without consideration, to the Port 

Authority for Everett, Washington, all right, title, and interest 

in and to such portion of the real property, including improvements 

thereon. 

(2) The Port Authority shall use any real property conveyed 

to the Port Authority under this subsection for development and 

operation of a port facility and for other public purposes. 

(f) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under subsection (a) 

shall be determined by a survey satisfactory to the Secretary of 

the Air Force. The cost of the survey shall be borne by the Secretary 

of Commerce. 

(g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary of the 

Air Force may require such additional terms and conditions in 

connection with the transfer under subsection (a) as the Secretary 

of the Air Force considers appropriate to protect the interests of 

the United States. 

(h) CONFORMING AMENDMENT.—Section 2866(a) of the Military 

Construction Authorization Act for Fiscal Year 2001 (division B 

of the Spence Act; 114 Stat. 1654A–436) is amended by striking 

‘‘22 acres’’ and inserting ‘‘20.9 acres’’. 

Subtitle E—Other Matters 

SEC. 2861. MANAGEMENT OF THE PRESIDIO OF SAN FRANCISCO. 

(a) AUTHORITY TO LEASE CERTAIN HOUSING UNITS FOR USE 

AS ARMY HOUSING.—Title I of division I of the Omnibus Parks 

and Public Lands Management Act of 1996 (Public Law 104–333; 

16 U.S.C. 460bb note) is amended by adding at the end the following 

new section: 

‘‘SEC. 107. CONDITIONAL AUTHORITY TO LEASE CERTAIN HOUSING 

UNITS WITHIN THE PRESIDIO. 

‘‘(a) AVAILABILITY OF HOUSING UNITS FOR LONG-TERM ARMY 

LEASE.—Subject to subsection (c), the Trust shall make available 

for lease, to those persons designated by the Secretary of the Army 

and for such length of time as requested by the Secretary of the 

Army, 22 housing units located within the Presidio that are under 

the administrative jurisdiction of the Trust and specified in the 

agreement between the Trust and the Secretary of the Army in 

existence as of the date of the enactment of this section. 

‘‘(b) LEASE AMOUNT.—The monthly amount charged by the 

Trust for the lease of a housing unit under this section shall 

be equivalent to the monthly rate of the basic allowance for housing 

that the occupant of the housing unit is entitled to receive under 

section 403 of title 37, United States Code. 

‘‘(c) CONDITION ON CONTINUED AVAILABILITY OF HOUSING 

UNITS.—Effective after the end of the four-year period beginning 

on the date of the enactment of this section, the Trust shall have 

no obligation to make housing units available under subsection 

(a) unless, during that four-year period, the Secretary of the 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1329
 

Treasury purchases new obligations of at least $80,000,000 issued 

by the Trust under section 104(d)(2). In the event that this condition 

is not satisfied, the existing agreement referred to in subsection 

(a) shall be renewed on the same terms and conditions for an 

additional five years.’’. 

(b) INCREASED BORROWING AUTHORITY AND TECHNICAL CORREC­ TIONS.—Paragraphs (2) and (3) of section 104(d) of title I of division 

I of the Omnibus Parks and Public Lands Management Act of 

1996, as amended by section 334 of appendix C of Public Law 

106–113 (113 Stat. 1501A–198) and amended and redesignated 

by section 101(13) of Public Law 106–176 (114 Stat. 25), are 16 USC 460bb 

amended— note. 

(1) in paragraph (2), by striking ‘‘including a review of
 

the creditworthiness of the loan and establishment of a repayment schedule,’’ the second place it appears; and
 

(2) in paragraph (3)— (A) by striking ‘‘$50,000,000’’ and inserting ‘‘$150,000,000’’; and 

(B) by striking ‘‘paragraph (3) of’’. 

SEC. 2862. TRANSFER OF JURISDICTION FOR DEVELOPMENT OF AIR 

FORCE MORALE, WELFARE, AND RECREATION FACILITY, 

PARK CITY, UTAH. 

(a) TRANSFER AUTHORIZED.—(1) The Secretary of the Interior 

may transfer, without reimbursement, to the administrative jurisdiction of the Secretary of the Air Force a parcel of real property 

in Park City, Utah, including any improvements thereon, that consists of approximately 35 acres, is located on the north side of 

State highway 248 in township 2 south, range 4 east, Salt Lake 

meridian, and is designated as parcel 3 by the Bureau of Land 

Management. The real property to be transferred under this paragraph does not include any lands located on the south side of 

State highway 248. 

(2) The transfer shall be subject to existing rights, except that 

the Secretary of the Interior shall terminate any lease with respect 

to the parcel issued under the Act of June 14, 1926 (commonly 

known as the Recreation and Public Purposes Act; 43 U.S.C. 689 

et seq.), and still in effect as of the date of the enactment of 

this Act. 

(b) USE OF TRANSFERRED LAND.—(1) The Secretary of the Air 

Force may use the real property transferred under subsection (a) 

as the location for an Air Force morale, welfare, and recreation 

facility to be developed using nonappropriated funds. 

(2) The Secretary of the Air Force may return the transferred 

property (or property acquired in exchange for the transferred property under subsection (c)) to the administrative jurisdiction of the 

Secretary of the Interior at any time upon certifying that development of the morale, welfare, and recreation facility would not be 

in the best interests of the Government. 

(c) SUBSEQUENT CONVEYANCE AUTHORITY.—(1) In lieu of developing the Air Force morale, welfare, and recreation facility on 

the real property transferred under subsection (a), the Secretary 

of the Air Force may convey or lease the property to the State 

of Utah, a local government, or a private entity in exchange for 

other property to be used as the site of the facility. 

(2) The values of the properties exchanged by the Secretary 

under this subsection either shall be equal, or if they are not 

115 STAT. 1330 PUBLIC LAW 107–107—DEC. 28, 2001
 

40 USC 1003 

note. 

40 USC 1003 

note. 

equal, the values shall be equalized by the payment of money 

to the grantor or to the Secretary as the circumstances require. 

The conveyance or lease shall be on such other terms as the Secretary of the Air Force considers to be advantageous to the development of the facility. 

(d) ALTERNATIVE DEVELOPMENT AUTHORITY.—The Secretary of 

the Air Force may lease the real property transferred under subsection (a), or any property acquired pursuant to subsection (c), 

to another party and may enter into a contract with the party 

for the design, construction, and operation of the Air Force morale, 

welfare, and recreation facility. The Secretary of the Air Force 

may authorize the contractor to operate the facility as both a 

military and a commercial operation if the Secretary determines 

that such an authorization is a necessary incentive for the contractor to agree to design, construct, and operate the facility. 

(e) LEGAL DESCRIPTION.—The exact acreage and legal description of the real property to be transferred under subsection (a) 

shall be determined by a survey. The cost of the survey shall 

be borne by the Secretary of the Air Force. 

SEC. 2863. ALTERNATE SITE FOR UNITED STATES AIR FORCE MEMORIAL, PRESERVATION OF OPEN SPACE ON ARLINGTON 

RIDGE TRACT, AND RELATED LAND TRANSFER AT 

ARLINGTON NATIONAL CEMETERY, VIRGINIA. 

(a) DEFINITIONS.—In this section: 

(1) The term ‘‘Arlington Naval Annex’’ means the parcel 

of Federal land located in Arlington County, Virginia, that 

is subject to transfer to the administrative jurisdiction of the 

Secretary of the Army under section 2881 of the Military 

Construction Authorization Act for Fiscal Year 2000 (division 

B of Public Law 106–65; 113 Stat. 879). 

(2) The term ‘‘Foundation’’ means the Air Force Memorial 

Foundation, which was authorized in Public Law 103–163 (107 

Stat. 1973; 40 U.S.C. 1003 note) to establish a memorial in 

the District of Columbia or its environs to honor the men 

and women who have served in the United States Air Force 

and its predecessors. 

(3) The term ‘‘Air Force Memorial’’ means the United States 

Air Force Memorial to be established by the Foundation. 

(4) The term ‘‘Arlington Ridge tract’’ means the parcel 

of Federal land in Arlington County, Virginia, known as the 

Nevius Tract and transferred to the Department of the Interior 

in 1953, that is bounded generally by— 

(A) Arlington Boulevard (United States Route 50) to 

the north; 

(B) Jefferson Davis Highway (Virginia Route 110) to 

the east; 

(C) Marshall Drive to the south; and 

(D) North Meade Street to the west. 

(5) The term ‘‘Section 29’’ means a parcel of Federal land 

in Arlington County, Virginia, that is currently administered 

by the Secretary of the Interior within the boundaries of 

Arlington National Cemetery and is identified as ‘‘Section 29’’. 

(b) USE OF ARLINGTON NAVAL ANNEX AS SITE FOR AIR FORCE 

MEMORIAL.— (1) AVAILABILITY OF SITE.—The Secretary of Defense shall 

make available to the Foundation, without reimbursement, up 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1331
 

to three acres of the Arlington Naval Annex, which the Foundation shall use as the location for the Air Force Memorial in 

lieu of any previously approved location for the Air Force Memorial. The land made available shall include the promontory 

adjacent to, and the land underlying, Wing 8 of Federal Office 

Building #2 in the northeast quadrant of the Arlington Naval 

Annex. 

(2) EXCEPTION.—The requirement to use the land made 

available under paragraph (1) as the location for the Air Force 

Memorial, and the prohibition on the use of any previously 

approved location, shall not apply if the Secretary of Defense 

determines that it is physically impracticable to construct the 

Air Force Memorial on such land on account of the geological 

nature of the land. 

(3) RELATION TO OTHER TRANSFER AUTHORITY.—Not later 

than six months after the date of the enactment of this Act, 

the Secretary of Defense shall transfer to the Secretary of 

the Army administrative jurisdiction over the Arlington Naval 

Annex site made available under this subsection for construction of the Air Force Memorial. Nothing in this subsection 

alters the deadline for transfer of the remainder of the 

Arlington Naval Annex to the Secretary of the Army and 

remediation of the transferred land for use as part of Arlington 

National Cemetery, as required by section 2881 of the Military 

Construction Authorization Act for Fiscal Year 2000. 

(c) SITE PREPARATION.— 40 USC 1003 

(1) PREPARATION FOR CONSTRUCTION.—Upon receipt of note. 

notification from the Foundation that the Foundation has sufficient funds to commence construction of the Air Force Memorial, the Secretary of Defense, in coordination with the Foundation, shall remove Wing 8 of Federal Office Building #2 at 

the Arlington Naval Annex, as well as its associated outbuilding 

and parking lot, and prepare the land made available under 

subsection (b) for construction of the Air Force Memorial. In 

addition to demolition and removal, such site preparation work 

may include environmental remediation, installation of water, 

sewer, telephone, electrical, and storm water management 

infrastructure necessary for the memorial, installation of sidewalks consistent with the design of the memorial compliant 

with the requirements of the Americans With Disabilities Act 

of 1990 (42 U.S.C. 12101 et seq.), and the placement of 

screening berms and mature evergreen trees between Federal 

Office Building #2 and the memorial. 

(2) COMPLETION.—Not later than two years after the date Deadline. 

on which the Foundation provides the notification referred to 

in paragraph (1), the Secretary of Defense shall complete the 

demolition and removal of the structures and such site preparation work as the Secretary agrees to undertake under this 

subsection. 

(3) FUNDING SOURCE.—The Secretary of Defense shall use 

amounts appropriated for operation and maintenance to carry 

out the demolition and removal work and site preparation 

described in paragraph (1). 

(4) ASSISTANCE FOR DISPLACED AGENCY.—The Secretary of 

the Army shall serve as the Executive Agent for the Ballistic 

Missile Defense Organization in securing suitable sites, 

including, if necessary, sites not currently owned by the United 

115 STAT. 1332 PUBLIC LAW 107–107—DEC. 28, 2001
 

40 USC 1003 

note. 

40 USC 1003 

note. 

States, to replace offices lost as a result of the demolition 

of Wing 8 of Federal Office Building #2 at the Arlington Naval 

Annex. 

(d) CONSTRUCTION OF AIR FORCE MEMORIAL.— 

(1) COMMENCEMENT.—Upon the demolition and removal 

of the structures required to be removed under subsection (c)(1), 

the Secretary of Defense shall permit the Foundation to commence construction of the Air Force Memorial on the Arlington 

Naval Annex site made available under subsection (b). 

(2) OVERSIGHT.—The Secretary of Defense shall have exclusive authority in all matters relating to approval of the siting 

and design of the Air Force Memorial on the Arlington Naval 

Annex site, and the siting, design, and construction of the 

memorial on such site shall not be subject to the requirements 

of the Commemorative Works Act (40 U.S.C. 1001 et seq.). 

(3) EFFECT OF FAILURE TO COMMENCE CONSTRUCTION.— 

If, within five years after the date of the enactment of this 

Act, the Foundation has not commenced construction of the 

Air Force Memorial on the Arlington Naval Annex site made 

available under subsection (b), the Secretary of Defense may 

revoke the authority of the Foundation to use the site as 

the location of the memorial. 

(e) ACCESS AND MANAGEMENT OF AIR FORCE MEMORIAL.—The 

Secretary of the Army may enter into a cooperative agreement 

with the Foundation to provide for management, maintenance, and 

repair of the Air Force Memorial constructed on the Arlington 

Naval Annex site made available under subsection (b) and to guarantee public access to the memorial. 

(f) LIMITATION ON USE OF ARLINGTON NAVAL ANNEX AS SITE 

FOR OTHER MEMORIALS OR MUSEUMS.—Section 2881(b) of the Military Construction Authorization Act for Fiscal Year 2000 (division 

B of Public Law 106–65; 113 Stat. 879) is amended by striking 

paragraph (2) and inserting the following new paragraph (2): 

‘‘(2) The Secretary of Defense shall reserve not more than 

four acres of the Navy Annex property south of the existing 

Columbia Pike as a site for— 

‘‘(A) a National Military Museum, if such site is recommended for such purpose by the Commission on the National 

Military Museum established under section 2901 and the Secretary of Defense considers such site compatible with Arlington 

National Cemetery and the Air Force Memorial; or 

‘‘(B) such other memorials or museums that the Secretary 

of Defense considers compatible with Arlington National Cemetery and the Air Force Memorial.’’. 

(g) PRESERVATION OF ARLINGTON RIDGE TRACT.— 

(1) GENERAL RULE.—After the date of the enactment of 

this Act, no additional structure or memorials shall be constructed on the Arlington Ridge tract. 

(2) OPTION FOR FUTURE BURIALS.—Paragraph (1) does not 

prohibit the eventual use of a portion of the Arlington Ridge 

tract as a location for in-ground burial sites and columbarium 

for the burial of individuals eligible for burial in Arlington 

National Cemetery, if the development of such sites is specifically authorized in a law enacted after the date of the enactment of this Act. 

(h) LAND TRANSFER, SECTION 29.— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1333
 

(1) TRANSFER REQUIRED.—Not later than 30 days after 

the date of the enactment of this Act, the Secretary of the 

Interior shall transfer, without reimbursement, to the Secretary 

of the Army administrative jurisdiction over that portion of 

Section 29 designated as the interment zone and consisting 

of approximately 12 acres. The Secretary of the Interior shall 

modify the boundaries of the George Washington Memorial 

Parkway as may be necessary to reflect the land transfer 

required by this subsection. 

(2) USE OF TRANSFERRED LAND.—The Secretary of the Army 

shall use the transferred property for the development of inground burial sites and columbarium that are designed to meet 

the contours of Section 29. 

(3) MANAGEMENT OF REMAINDER.—The Secretary of the 

Interior shall manage that portion of Section 29 not transferred 

under this subsection in perpetuity to provide a natural setting 

and visual buffer for Arlington House, the Robert E. Lee Memorial. 

(4) REPEAL OF OBSOLETE LAW.—Section 2821(a) of the Military Construction Authorization Act for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 2791) is repealed. 

SEC. 2864. ESTABLISHMENT OF MEMORIAL TO VICTIMS OF TERRORIST ATTACK ON PENTAGON RESERVATION AND 

AUTHORITY TO ACCEPT MONETARY CONTRIBUTIONS FOR 

MEMORIAL AND REPAIR OF PENTAGON. 

(a) MEMORIAL AUTHORIZED.—The Secretary of Defense may 

establish a memorial at the Pentagon Reservation dedicated to 

the victims of the terrorist attack on the Pentagon that occurred 

on September 11, 2001. The Secretary shall use necessary amounts 

in the Pentagon Reservation Maintenance Revolving Fund established by section 2674(e) of title 10, United States Code, including 

amounts deposited in the Fund under subsection (c), to plan, design, 

construct, and maintain the memorial. 

(b) ACCEPTANCE OF CONTRIBUTIONS.—The Secretary of Defense 

may accept monetary contributions made for the purpose of 

assisting in— 

(1) the establishment of the memorial to the victims of 

the terrorist attack; and 

(2) the repair of the damage caused to the Pentagon Reservation by the terrorist attack. 

(c) DEPOSIT OF CONTRIBUTIONS.—The Secretary of Defense shall 

deposit contributions accepted under subsection (b) in the Pentagon 

Reservation Maintenance Revolving Fund. The contributions shall 

be available for expenditure only for the purposes specified in 

subsection (b). 

SEC. 2865. REPEAL OF LIMITATION ON COST OF RENOVATION OF PENTAGON RESERVATION. 

Section 2864 of the Military Construction Authorization Act 

for Fiscal Year 1997 (division B of Public Law 104–201; 110 Stat. 

2806) is repealed. 

SEC. 2866. DEVELOPMENT OF UNITED STATES ARMY HERITAGE AND 

EDUCATION CENTER AT CARLISLE BARRACKS, PENNSYLVANIA. 

(a) AUTHORITY TO ENTER INTO AGREEMENT.—(1) The Secretary 

of the Army may enter into an agreement with the Military Heritage 

Deadline. 

10 USC 2674 

note. 

115 STAT. 1334 PUBLIC LAW 107–107—DEC. 28, 2001
 

16 USC 431 note. 

Foundation, a nonprofit organization, for the design, construction, 

and operation of a facility for the United States Army Heritage 

and Education Center at Carlisle Barracks, Pennsylvania (in this 

section referred to as the ‘‘facility’’). 

(2) The facility is to be used for curation and storage of artifacts, 

research facilities, classrooms, and offices, and for education and 

other activities, agreed to by the Secretary, relating to the heritage 

of the Army. The facility may also be used to support such education 

and training as the Secretary considers appropriate. 

(b) DESIGN AND CONSTRUCTION.—The design of the facility shall 

be subject to the approval of the Secretary. At the election of 

the Secretary, the Secretary may— (1) accept funds from the Military Heritage Foundation 

for the design and construction of the facility; or 

(2) permit the Military Heritage Foundation to contract 

for the design and construction of the facility. 

(c) ACCEPTANCE OF FACILITY.—(1) Upon satisfactory completion, 

as determined by the Secretary, of the facility, and upon the satisfaction of any and all financial obligations incident thereto by 

the Military Heritage Foundation, the Secretary shall accept the 

facility from the Military Heritage Foundation, and all right, title, 

and interest in and to the facility shall vest in the United States. 

(2) Upon becoming property of the United States, the facility 

shall be under the jurisdiction of the Secretary. 

(d) USE OF CERTAIN GIFTS.—(1) Under regulations prescribed 

by the Secretary, the Commandant of the Army War College may, 

without regard to section 2601 of title 10, United States Code, 

accept, hold, administer, invest, and spend any gift, devise, or 

bequest of personnel property of a value of $250,000 or less made 

to the United States if such gift, devise, or bequest is for the 

benefit of the United States Army Heritage and Education Center. 

(2) The Secretary may pay or authorize the payment of any 

reasonable and necessary expense in connection with the conveyance or transfer of a gift, devise, or bequest under this subsection. 

(e) ADDITIONAL TERMS AND CONDITIONS.—The Secretary may 

require such additional terms and conditions in connection with 

the agreement authorized to be entered into by subsection (a) as 

the Secretary considers appropriate to protect the interests of the 

United States. 

SEC. 2867. EFFECT OF LIMITATION ON CONSTRUCTION OF ROADS OR 

HIGHWAYS, MARINE CORPS BASE, CAMP PENDLETON, 

CALIFORNIA. 

Section 2851(a) of the Military Construction Authorization Act 

for Fiscal Year 1999 (division B of Public Law 105–261; 112 Stat. 

2219) is amended in the first sentence by inserting after ‘‘maintain’’ 

the following: ‘‘, notwithstanding any provision of State law to 

the contrary,’’. 

SEC. 2868. ESTABLISHMENT OF WORLD WAR II MEMORIAL AT ADDITIONAL LOCATION ON GUAM. 

Section 2886 of the Military Construction Authorization Act 

for Fiscal Year 2001 (division B of the Spence Act; 114 Stat. 1654A– 

441) is amended— 

(1) in subsection (a), by inserting ‘‘, and on Federal lands 

near Yigo,’’ after ‘‘Fena Caves’’; 

(2) in the heading of subsection (b), by striking ‘‘MEMORIAL’’ 

and inserting ‘‘MEMORIALS’’; and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1335
 

(3) in subsections (b) and (c), by striking ‘‘memorial’’ each
 

place it appears and inserting ‘‘memorials’’.
 

SEC. 2869. DEMONSTRATION PROJECT FOR PURCHASE OF FIRE, 

SECURITY, POLICE, PUBLIC WORKS, AND UTILITY SERVICES FROM LOCAL GOVERNMENT AGENCIES. 

(a) EXTENSION.—Subsection (c) of section 816 of the National 

Defense Authorization Act for Fiscal Year 1995 (Public Law 103– 

337; 108 Stat. 2820), as added by section 2873 of the Strom 

Thurmond National Defense Authorization Act for Fiscal Year 1999 

(Public Law 105–261; 112 Stat. 2225), is amended by striking 

‘‘September 30, 2001.’’ and inserting ‘‘January 31, 2002, with regard 

to fire-fighting and police services, and September 30, 2003, with 

regard to other services described in subsection (a).’’. 

(b) CONFORMING AMENDMENT.—Section 1206 of the Supplemental Appropriations Act, 2001 (Public Law 107–20; 115 Stat. 

161), is repealed. 

SEC. 2870. REPORT ON FUTURE LAND NEEDS OF UNITED STATES MILITARY ACADEMY, NEW YORK, AND ADJACENT COMMUNITY. 

(a) REPORT REQUIRED.—Not later than February 1, 2002, the Deadline. 

Secretary of the Army shall submit to Congress a report evaluating 

the future needs of the United States Military Academy for lands 

suitable for use for military training and the feasibility of making 

unneeded lands available to the Village of Highland Falls, New 

York, through fee simple conveyance, long-term lease under section 

2667 of title 10, United States Code, or other means. 

(b) CONSULTATION.—The Secretary shall prepare the report 

in consultation with appropriate officials of the Village of Highland 

Falls. 

SEC. 2871. NAMING OF PATRICIA C. LAMAR ARMY NATIONAL GUARD 

READINESS CENTER, OXFORD, MISSISSIPPI. 

The Oxford Army National Guard Readiness Center, Oxford, 

Mississippi, shall be known and designated as the ‘‘Patricia C. 

Lamar Army National Guard Readiness Center’’. Any reference 

to that readiness center in any law, regulation, map, document, 

record, or other paper of the United States shall be considered 

to be a reference to the Patricia C. Lamar Army National Guard 

Readiness Center. 

TITLE XXIX—FORT IRWIN MILITARY Fort Irwin 

Military Land LAND WITHDRAWAL Withdrawal Act 

of 2001. 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.
 

115 STAT. 1336 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 2901. SHORT TITLE. 

This title may be cited as the ‘‘Fort Irwin Military Land Withdrawal Act of 2001’’. 

SEC. 2902. WITHDRAWAL AND RESERVATION OF LANDS FOR 

NATIONAL TRAINING CENTER. 

(a) WITHDRAWAL.—Subject to valid existing rights and except 

as otherwise provided in this title, all public lands and interests 

in lands described in subsection (c) are hereby withdrawn from 

all forms of appropriation under the general land laws, including 

the mining laws and mineral and geothermal leasing laws, and 

jurisdiction over such lands and interests in lands withdrawn and 

reserved by this title is hereby transferred to the Secretary of 

the Army. 

(b) RESERVATION.—The lands withdrawn under subsection (a) 

are reserved for use by the Secretary of the Army for the following 

purposes: 

(1) The conduct of combined arms military training at 

the National Training Center. 

(2) The development and testing of military equipment 

at the National Training Center. 

(3) Other defense-related purposes consistent with the purposes specified in paragraphs (1) and (2). 

(4) Conservation and related research purposes. 

(c) LAND DESCRIPTION.—The public lands and interests in lands 

withdrawn and reserved by this section comprise approximately 

110,000 acres in San Bernardino County, California, as generally 

depicted as ‘‘Proposed Withdrawal Land’’ on the map entitled 

‘‘National Training Center—Proposed Withdrawal of Public Lands 

for Training Purposes’’, dated September 21, 2000, and filed in 

accordance with section 2903. 

(d) CHANGES IN USE.—The Secretary of the Army shall consult 

with the Secretary of the Interior before using the lands withdrawn 

and reserved by this section for any purpose other than those 

purposes identified in subsection (b). 

(e) INDIAN TRIBES.—Nothing in this title shall be construed 

as altering any rights reserved for tribal use by treaty or Federal 

law. The Secretary of the Army shall consult with federally recognized Indian tribes in the vicinity of the lands withdrawn under 

subsection (a) before taking action affecting rights or cultural 

resources protected by treaty or Federal law. 

SEC. 2903. MAP AND LEGAL DESCRIPTION. 

(a) PREPARATION OF MAP AND LEGAL DESCRIPTION.—As soon 

as practicable after the date of the enactment of this Act, the 

Secretary of the Interior shall— 

(1) publish in the Federal Register a notice containing 

the legal description of the lands withdrawn and reserved by 

this title; and 

(2) file a map and legal description of the lands withdrawn 

and reserved by this title with the Committee on Energy and 

Natural Resources of the Senate and the Committee on 

Resources of the House of Representatives. 

(b) LEGAL EFFECT.—The map and legal description shall have 

the same force and effect as if included in this title, except that 

the Secretary of the Interior may correct clerical and typographical 

errors in the map and legal description. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1337
 

(c) AVAILABILITY.—Copies of the map and the legal description 

shall be available for public inspection in the following offices: 

(1) The offices of the California State Director, California 

Desert District Office, and Riverside and Barstow Field Offices 

of the Bureau of Land Management. 

(2) The Office of the Commander, National Training Center 

and Fort Irwin. 

(d) COSTS.—The Secretary of the Army shall reimburse the 

Secretary of the Interior for the costs incurred by the Secretary 

of the Interior in implementing this section. 

SEC. 2904. MANAGEMENT OF WITHDRAWN AND RESERVED LANDS. 

(a) GENERAL MANAGEMENT AUTHORITY.—During the period of 

the withdrawal and reservation made by this title, the Secretary 

of the Army shall manage the lands withdrawn and reserved by 

this title for the purposes specified in section 2902. 

(b) TEMPORARY PROHIBITION ON CERTAIN USE.—Military use 

of the lands withdrawn and reserved by this title that result in 

ground disturbance, as determined by the Secretary of the Army 

and the Secretary of the Interior, are prohibited until the Secretary 

of the Army and the Secretary of the Interior certify to Congress 

that there has been full compliance with respect to such lands 

with the appropriate provisions of this title, the Endangered Species 

Act of 1973 (16 U.S.C. 1531 et seq.), the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other applicable 

laws. 

(c) ACCESS RESTRICTIONS.— 

(1) IN GENERAL.—If the Secretary of the Army determines 

that military operations, public safety, or national security 

require the closure to the public of any road, trail, or other 

portion of the lands withdrawn and reserved by this title, 

the Secretary may take such action as the Secretary determines 

necessary or desirable to effect and maintain such closure. 

(2) LIMITATION.—Any closure under paragraph (1) shall 

be limited to the minimum areas and periods that the Secretary 

of the Army determines are required for the purposes specified 

in such paragraph. 

(3) NOTICE.—Immediately preceding and during any closure 

under paragraph (1), the Secretary of the Army shall post 

appropriate warning notices and take other steps, as necessary, 

to notify the public of the closure. 

(d) INTEGRATED NATURAL RESOURCES MANAGEMENT PLAN.— 

The Secretary of the Army shall prepare and implement, in accordance with title I of the Sikes Act (16 U.S.C. 670 et seq.), an 

integrated natural resources management plan for the lands withdrawn and reserved by this title. In addition to the elements 

required under the Sikes Act, the integrated natural resources 

management plan shall include the following: 

(1) A requirement that any hunting, fishing, and trapping 

on the lands withdrawn and reserved by this title be conducted 

in accordance with section 2671 of title 10, United States Code. 

(2) A requirement that the Secretary of the Army take 

necessary actions to prevent, suppress, and manage brush and 

range fires occurring within the boundaries of Fort Irwin and 

brush and range fires occurring outside the boundaries of Fort 

Irwin that result from military activities at Fort Irwin. 

115 STAT. 1338 PUBLIC LAW 107–107—DEC. 28, 2001
 

(e) FIREFIGHTING.—Notwithstanding section 2465 of title 10, 

United States Code, the Secretary of the Army may obligate funds 

appropriated or otherwise available to the Secretary of the Army 

to enter into a memorandum of understanding, cooperative agreement, or contract for fire-fighting services to carry out the requirements of subsection (d)(2). The Secretary of the Army shall 

reimburse the Secretary of the Interior for costs incurred by the 

Secretary of the Interior to assist in carrying out the requirements 

of such subsection. 

(f) CONSULTATION WITH NATIONAL AERONAUTICS AND SPACE 

ADMINISTRATION.—In preparing and implementing any plan, report, 

assessment, survey, opinion, or impact statement regarding the 

lands withdrawn and reserved by this title, the Secretary of the 

Army shall consult with the Administrator of the National Aeronautics and Space Administration whenever proposed Army actions 

have the potential to affect the operations or the environmental 

management of the Goldstone Deep Space Communications Complex. The requirement for consultation shall apply, at a minimum, 

to the following: 

(1) Plans for military training, military equipment testing, 

or related activities that have the potential of impacting 

communications between Goldstone Deep Space Communications Complex and space flight missions or other transmission 

or receipt of signals from outer space by the Goldstone Deep 

Space Communications Complex. 

(2) The integrated natural resources management plan 

required by subsection (d). 

(3) The West Mojave Coordinated Management Plan 

referred to in section 2907. 

(4) Any document prepared in compliance with the Endangered Species Act of 1973, the National Environmental Policy 

Act of 1969, and other laws applicable to the lands withdrawn 

and reserved by this title. 

(g) USE OF MINERAL MATERIALS.—Notwithstanding any other 

provision of this title or the Act of July 31, 1947 (commonly known 

as the Materials Act of 1947; 30 U.S.C. 601 et seq.), the Secretary 

of the Army may use sand, gravel, or similar mineral material 

resources of the type subject to disposition under such Act from 

the lands withdrawn and reserved by this title if the use of such 

resources is required for construction needs of the National Training 

Center. 

SEC. 2905. WATER RIGHTS. 

(a) NO RESERVED WATER RIGHT ESTABLISHED.—Nothing in this 

title shall be construed— 

(1) to establish a reservation in favor of the United States 

with respect to any water or water right on the lands withdrawn 

and reserved by this title; or 

(2) to authorize the appropriation of water on such lands 

by the United States after the date of the enactment of this 

Act, except in accordance with applicable State law. 

(b) EFFECT ON PREVIOUSLY ACQUIRED OR RESERVED WATER 

RIGHTS.—This section shall not be construed to affect any water 

rights acquired or reserved by the United States before the date 

of the enactment of this Act, and the Secretary of the Army may 

exercise any such previously acquired or reserved water rights. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1339
 

SEC. 2906. ENVIRONMENTAL COMPLIANCE AND ENVIRONMENTAL 

RESPONSE REQUIREMENTS. 

(a) AGREEMENTS CONCERNING THE ENVIRONMENT AND PUBLIC 

HEALTH.—The Secretary of the Army and the Secretary of the 

Interior shall enter into such agreements as are necessary, appropriate, and in the public interest to carry out the purposes of 

this title. 

(b) RELATION TO OTHER ENVIRONMENTAL LAWS.—Nothing in 

this title shall relieve, and no action taken under this title may 

relieve, the Secretary of the Army or the Secretary of the Interior, 

or any other person from any liability or other obligation under 

the Comprehensive Environmental Response, Compensation, and 

Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) or 

any other Federal or State law. 

SEC. 2907. WEST MOJAVE COORDINATED MANAGEMENT PLAN. 

(a) COMPLETION.—The Secretary of the Interior shall make 

every effort to complete the West Mojave Coordinated Management 

Plan not later than two years after the date of the enactment 

of this Act. 

(b) CONSIDERATION OF WITHDRAWAL AND RESERVATION 

IMPACTS.—The Secretary of the Interior shall ensure that the West 

Mojave Coordinated Management Plan considers the impacts of 

the availability or nonavailability of the lands withdrawn and 

reserved by this title on the plan as a whole. 

(c) CONSULTATION.—The Secretary of the Interior shall consult 

with the Secretary of the Army and the Administrator of the 

National Aeronautics and Space Administration in the development 

of the West Mojave Coordinated Management Plan. 

SEC. 2908. RELEASE OF WILDERNESS STUDY AREAS. 

Congress hereby finds and directs that lands withdrawn and 

reserved by this title have been adequately studied for wilderness 

designation pursuant to section 603(c) of the Federal Land Policy 

and Management Act of 1976 (43 U.S.C. 1782(c)), and are no longer 

subject to the requirement of such section pertaining to the management of wilderness study areas in a manner that does not impair 

the suitability of such areas for preservation as wilderness. 

SEC. 2909. TRAINING ACTIVITY SEPARATION FROM UTILITY CORRIDORS. 

(a) REQUIRED SEPARATION.—All military ground activity 

training on the lands withdrawn and reserved by this title shall 

remain at least 500 meters from any utility system, in existence 

as of the date of the enactment of this Act, in Utility Planning 

Corridor D, as described in the California Desert Conservation 

Area Plan, dated 1980 and subsequently amended. 

(b) EXCEPTION.—Subsection (a) does not modify the use of any 

lands used, as of the date of the enactment of this Act, by the 

National Training Center for training or alter any right of access 

granted by interagency agreement. 

SEC. 2910. DURATION OF WITHDRAWAL AND RESERVATION. 

(a) TERMINATION DATE.—Unless extended pursuant to section 

2911, unless relinquishment is postponed by the Secretary of the 

Interior pursuant to section 2912(b), and except as provided in 

section 2912(d), the withdrawal and reservation made by this title 

115 STAT. 1340 PUBLIC LAW 107–107—DEC. 28, 2001
 

shall terminate 25 years after the date of the enactment of this 

Act. 

(b) LIMITATION ON SUBSEQUENT AVAILABILITY FOR APPROPRIATION.—At the time of termination of the withdrawal and reservation 

made by this title, the previously withdrawn lands shall not be 

open to any forms of appropriation under the general land laws, 

including the mining laws and the mineral and geothermal leasing 

laws, until the Secretary of the Interior publishes in the Federal 

Register an appropriate order specifying the date upon which such 

lands shall be restored to the public domain and opened. 

SEC. 2911. EXTENSION OF INITIAL WITHDRAWAL AND RESERVATION. 

Deadline. (a) NOTIFICATION REQUIREMENT.—Not later than three years 

before the termination date specified in section 2910(a), the Secretary of the Army shall notify Congress and the Secretary of 

the Interior whether the Army will have a continuing military 

need, beyond the termination date, for all or any portion of the 

lands withdrawn and reserved by this title. 

(b) PROCESS FOR EXTENSION OF WITHDRAWAL AND RESERVATION.— 

(1) CONSULTATION AND APPLICATION.—If the Secretary of 

the Army determines that there will be a continuing military 

need after the termination date for any of the lands withdrawn 

and reserved by this title, the Secretary of the Army shall— 

(A) consult with the Secretary of the Interior concerning any adjustments to be made to the extent of, or 

to the allocation of management responsibility for, such 

needed lands; and 

(B) file with the Secretary of the Interior, within one 

year after the notice required by subsection (a), an application for extension of the withdrawal and reservation of 

such needed lands. 

(2) APPLICATION REQUIREMENTS.—Notwithstanding any 

general procedure of the Department of the Interior for processing Federal land withdrawals, an application for extension 

of the land withdrawal and reservation made by this title 

shall be considered to be complete if the application includes 

the information required by section 3 of Public Law 85–337 

(commonly known as the Engle Act; 43 U.S.C. 157), except 

that no information shall be required concerning the use or 

development of mineral, timber, or grazing resources unless, 

and only to the extent, the Secretary of the Army proposes 

to use or develop such resources during the period of extension. 

(c) SUBMISSION OF PROPOSED EXTENSION TO CONGRESS.—The 

Secretary of the Interior and the Secretary of the Army may submit 

to Congress a legislative proposal for the extension of the withdrawal and reservation made by this title. The legislative proposal 

shall be accompanied by an appropriate analysis of environmental 

impacts associated with the proposal, as required by section 

102(2)(C) of the National Environmental Policy Act of 1969 (42 

U.S.C. 4332(2)(C)). 

SEC. 2912. TERMINATION AND RELINQUISHMENT. 

(a) NOTICE OF TERMINATION.—During the first 22 years of 

the withdrawal and reservation made by this title, if the Secretary 

of the Army determines that there is no continuing military need 

for the lands withdrawn and reserved by this title, or any portion 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1341
 

of such lands, the Secretary of the Army shall submit to the Secretary of the Interior a notice of intent to relinquish jurisdiction 

over such lands. The notice shall specify the proposed date of 

relinquishment. 

(b) ACCEPTANCE OF JURISDICTION.—The Secretary of the 

Interior may accept jurisdiction over any lands covered by a notice 

under subsection (a) if the Secretary of the Interior determines 

that the Secretary of the Army has taken or will take all environmental response and restoration activities required under applicable 

laws and regulations with respect to such lands. 

(c) NOTICE OF ACCEPTANCE.—If the Secretary of the Interior Federal Register, 

decides to accept jurisdiction over lands covered by a notice under publication. 

subsection (a) before the termination date of the withdrawal and 

reservation, the Secretary shall publish in the Federal Register 

an appropriate order that shall— 

(1) terminate the withdrawal and reservation of such lands
 

under this title;
 

(2) constitute official acceptance of administrative jurisdiction over the lands by the Secretary of the Interior; and
 

(3) state the date upon which such lands shall be opened
 

to the operation of the general land laws, including the mining
 

laws and the mineral and geothermal leasing laws, if appropriate.
 

(d) RETAINED ARMY JURISDICTION.—Notwithstanding the termination date specified in section 2910, unless and until the Secretary 

of the Interior accepts jurisdiction of land proposed for relinquishment pursuant to this section, such land shall remain withdrawn 

and reserved for the Secretary of the Army for the limited purposes 

of environmental response and restoration actions under section 

2906 and continued land management responsibilities pursuant 

to the integrated natural resources management plan required 

under section 2904, until such environmental response and restoration activities on those lands are completed. 

(e) SEVERABILITY OF FUNCTIONS.—All functions described under 

this section, including transfers, relinquishments, extensions, and 

other determinations, may be made on a parcel-by-parcel basis. 

SEC. 2913. DELEGATION OF AUTHORITY. 

(a) SECRETARY OF THE ARMY.—The Secretary of the Army may 

delegate to officials in the Department of the Army such functions 

as the Secretary of the Army may determine appropriate to carry 

out this title. 

(b) SECRETARY OF THE INTERIOR.—The functions of the Secretary of the Interior under this title may be delegated, except 

that the order described in section 2912(c) may be approved and 

signed only by the Secretary of the Interior, the Deputy Secretary 

of the Interior, or an Assistant Secretary of the Department of 

the Interior. 

115 STAT. 1342 PUBLIC LAW 107–107—DEC. 28, 2001
 

TITLE XXX—REALIGNMENT AND CLOSURE OF MILITARY INSTALLATIONS 

AND PREPARATION OF INFRASTRUCTURE PLAN FOR THE NUCLEAR WEAPONS COMPLEX 

Sec. 3001. Authorization of round of realignments and closures of military installations in 2005. 

Sec. 3002. Selection criteria. 

Sec. 3003. Revised procedures for making recommendations for realignments and 

closures and commission consideration of recommendations. 

Sec. 3004. Limitations on privatization in place.

Sec. 3005. Department of Defense Base Closure Account 2005.

Sec. 3006. Implementation of closure and realignment decisions.

Sec. 3007. Technical and clarifying amendments.

Sec. 3008. Preparation of infrastructure plan for the nuclear weapons complex. 

SEC. 3001. AUTHORIZATION OF ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS IN 2005. 

The Defense Base Closure and Realignment Act of 1990 (part 

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) 

is amended by adding at the end the following new section: 

‘‘SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY INSTALLATIONS. 

‘‘(a) FORCE-STRUCTURE PLAN AND INFRASTRUCTURE INVENTORY.— 

‘‘(1) PREPARATION AND SUBMISSION.—As part of the budget 

justification documents submitted to Congress in support of 

the budget for the Department of Defense for fiscal year 2005, 

the Secretary shall include the following: 

‘‘(A) A force-structure plan for the Armed Forces based 

on an assessment by the Secretary of the probable threats 

to the national security during the 20-year period beginning 

with fiscal year 2005, the probable end-strength levels and 

major military force units (including land force divisions, 

carrier and other major combatant vessels, air wings, and 

other comparable units) needed to meet these threats, and 

the anticipated levels of funding that will be available 

for national defense purposes during such period. 

‘‘(B) A comprehensive inventory of military installations world-wide for each military department, with specifications of the number and type of facilities in the active 

and reserve forces of each military department. 

‘‘(2) RELATIONSHIP OF PLAN AND INVENTORY.—Using the 

force-structure plan and infrastructure inventory prepared 

under paragraph (1), the Secretary shall prepare (and include 

as part of the submission of such plan and inventory) the 

following: 

‘‘(A) A description of the infrastructure necessary to 

support the force structure described in the force-structure 

plan. 

‘‘(B) A discussion of categories of excess infrastructure 

and infrastructure capacity. 

‘‘(C) An economic analysis of the effect of the closure 

or realignment of military installations to reduce excess 

infrastructure. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1343
 

‘‘(3) SPECIAL CONSIDERATIONS.—In determining the level 

of necessary versus excess infrastructure under paragraph (2), 

the Secretary shall consider the following: ‘‘(A) The anticipated continuing need for and availability of military installations outside the United States, 

taking into account current restrictions on the use of military installations outside the United States and the potential for future prohibitions or restrictions on the use of 

such military installations. 

‘‘(B) Any efficiencies that may be gained from joint 

tenancy by more than one branch of the Armed Forces 

at a military installation. 

‘‘(4) REVISION.—The Secretary may revise the force-structure plan and infrastructure inventory. If the Secretary makes 

such a revision, the Secretary shall submit the revised plan 

or inventory to Congress as part of the budget justification 

documents submitted to Congress for fiscal year 2006. 

‘‘(b) CERTIFICATION OF NEED FOR FURTHER CLOSURES AND REALIGNMENTS.— 

‘‘(1) CERTIFICATION REQUIRED.—On the basis of the forcestructure plan and infrastructure inventory prepared under 

subsection (a) and the descriptions and economic analysis prepared under such subsection, the Secretary shall include as 

part of the submission of the plan and inventory— 

‘‘(A) a certification regarding whether the need exists 

for the closure or realignment of additional military 

installations; and 

‘‘(B) if such need exists, a certification that the additional round of closures and realignments would result 

in annual net savings for each of the military departments 

beginning not later than fiscal year 2011. 

‘‘(2) EFFECT OF FAILURE TO CERTIFY.—If the Secretary does 

not include the certifications referred to in paragraph (1), the 

process by which military installations may be selected for 

closure or realignment under this part in 2005 shall be terminated. 

‘‘(c) COMPTROLLER GENERAL EVALUATION.— 

‘‘(1) EVALUATION REQUIRED.—If the certification is provided 

under subsection (b), the Comptroller General shall prepare 

an evaluation of the following: 

‘‘(A) The force-structure plan and infrastructure inventory prepared under subsection (a) and the final selection 

criteria prepared under section 2913, including an evaluation of the accuracy and analytical sufficiency of such plan, 

inventory, and criteria. 

‘‘(B) The need for the closure or realignment of additional military installations. 

‘‘(2) SUBMISSION.—The Comptroller General shall submit 

the evaluation to Congress not later than 60 days after the 

date on which the force-structure plan and infrastructure inventory are submitted to Congress. 

‘‘(d) AUTHORIZATION OF ADDITIONAL ROUND; COMMISSION.— 

‘‘(1) APPOINTMENT OF COMMISSION.—Subject to the certifications required under subsection (b), the President may commence an additional round for the selection of military installations for closure and realignment under this part in 2005 

by transmitting to the Senate, not later than March 15, 2005, 

Deadline. 

Deadline. 

115 STAT. 1344 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

Deadline. 

Federal Register, 

publication. 

nominations pursuant to section 2902(c) for the appointment 

of new members to the Defense Base Closure and Realignment 

Commission. 

‘‘(2) EFFECT OF FAILURE TO NOMINATE.—If the President 

does not transmit to the Senate the nominations for the 

Commission by March 15, 2005, the process by which military 

installations may be selected for closure or realignment under 

this part in 2005 shall be terminated. 

‘‘(3) MEMBERS.—Notwithstanding section 2902(c)(1), the 

Commission appointed under the authority of this subsection 

shall consist of nine members. 

‘‘(4) TERMS; MEETINGS; TERMINATION.—Notwithstanding 

subsections (d), (e)(1), and (l) of section 2902, the Commission 

appointed under the authority of this subsection shall meet 

during calendar year 2005 and shall terminate on April 15, 

2006. 

‘‘(5) FUNDING.—If no funds are appropriated to the Commission by the end of the second session of the 108th Congress 

for the activities of the Commission in 2005, the Secretary 

may transfer to the Commission for purposes of its activities 

under this part in that year such funds as the Commission 

may require to carry out such activities. The Secretary may 

transfer funds under the preceding sentence from any funds 

available to the Secretary. Funds so transferred shall remain 

available to the Commission for such purposes until expended.’’. 

SEC. 3002. SELECTION CRITERIA. 

The Defense Base Closure and Realignment Act of 1990 (part 

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) 

is amended by inserting after section 2912, as added by section 

3001, the following new section: 

‘‘SEC. 2913. SELECTION CRITERIA FOR 2005 ROUND. 

‘‘(a) PREPARATION OF PROPOSED SELECTION CRITERIA.— 

‘‘(1) IN GENERAL.—Not later than December 31, 2003, the 

Secretary shall publish in the Federal Register and transmit 

to the congressional defense committees the criteria proposed 

to be used by the Secretary in making recommendations for 

the closure or realignment of military installations inside the 

United States under this part in 2005. 

‘‘(2) PUBLIC COMMENT.—The Secretary shall provide an 

opportunity for public comment on the proposed criteria for 

a period of at least 30 days and shall include notice of that 

opportunity in the publication required under this subsection. 

‘‘(b) MILITARY VALUE AS PRIMARY CONSIDERATION.—The selection criteria prepared by the Secretary shall ensure that military 

value is the primary consideration in the making of recommendations for the closure or realignment of military installations under 

this part in 2005. Military value shall include at a minimum the 

following: 

‘‘(1) Preservation of training areas suitable for maneuver 

by ground, naval, or air forces to guarantee future availability 

of such areas to ensure the readiness of the Armed Forces. 

‘‘(2) Preservation of military installations in the United 

States as staging areas for the use of the Armed Forces in 

homeland defense missions. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1345
 

‘‘(3) Preservation of military installations throughout a 

diversity of climate and terrain areas in the United States 

for training purposes. 

‘‘(4) The impact on joint warfighting, training, and readiness. 

‘‘(5) Contingency, mobilization, and future total force 

requirements at both existing and potential receiving locations 

to support operations and training. 

‘‘(c) SPECIAL CONSIDERATIONS.—The selection criteria for military installations shall also address at a minimum the following: 

‘‘(1) The extent and timing of potential costs and savings, 

including the number of years, beginning with the date of 

completion of the closure or realignment, for the savings to 

exceed the costs. 

‘‘(2) The economic impact on existing communities in the 

vicinity of military installations. 

‘‘(3) The ability of both existing and potential receiving 

communities’ infrastructure to support forces, missions, and 

personnel. 

‘‘(4) The impact of costs related to potential environmental 

restoration, waste management, and environmental compliance 

activities. 

‘‘(d) EFFECT ON DEPARTMENT AND OTHER AGENCY COSTS.— 

Any selection criteria proposed by the Secretary relating to the 

cost savings or return on investment from the proposed closure 

or realignment of military installations shall take into account 

the effect of the proposed closure or realignment on the costs 

of any other activity of the Department of Defense or any other 

Federal agency that may be required to assume responsibility for 

activities at the military installations. 

‘‘(e) FINAL SELECTION CRITERIA.—Not later than February 16, 

2004, the Secretary shall publish in the Federal Register and 

transmit to the congressional defense committees the final criteria 

to be used in making recommendations for the closure or realignment of military installations inside the United States under this 

part in 2005. Such criteria shall be the final criteria to be used, 

along with the force-structure plan and infrastructure inventory 

referred to in section 2912, in making such recommendations unless 

disapproved by an Act of Congress enacted on or before March 

15, 2004. 

‘‘(f) RELATION TO CRITERIA FOR EARLIER ROUNDS.—Section 

2903(b), and the selection criteria prepared under such section, 

shall not apply with respect to the process of making recommendations for the closure or realignment of military installations in 

2005.’’. 

SEC. 3003. REVISED PROCEDURES FOR MAKING RECOMMENDATIONS 

FOR REALIGNMENTS AND CLOSURES AND COMMISSION 

CONSIDERATION OF RECOMMENDATIONS. 

The Defense Base Closure and Realignment Act of 1990 (part 

A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) 

is amended by inserting after section 2913, as added by section 

3002, the following new section: 

Deadline. 

Federal Register, 

publication. 

115 STAT. 1346 PUBLIC LAW 107–107—DEC. 28, 2001
 

Federal Register, 

publication. 

Deadline. 

Deadline. 

‘‘SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS 

FOR REALIGNMENTS AND CLOSURES FOR 2005 ROUND; 

COMMISSION CONSIDERATION OF RECOMMENDATIONS. 

‘‘(a) RECOMMENDATIONS REGARDING CLOSURE OR REALIGNMENT 

OF MILITARY INSTALLATIONS.—If the Secretary makes the certifications required under section 2912(b), the Secretary shall publish 

in the Federal Register and transmit to the congressional defense 

committees and the Commission, not later than May 16, 2005, 

a list of the military installations inside the United States that 

the Secretary recommends for closure or realignment on the basis 

of the force-structure plan and infrastructure inventory prepared 

by the Secretary under section 2912 and the final selection criteria 

prepared by the Secretary under section 2913. ‘‘(b) PREPARATION OF RECOMMENDATIONS.— ‘‘(1) IN GENERAL.—The Secretary shall comply with paragraphs (2) through (6) of section 2903(c) in preparing and 

transmitting the recommendations under this section. However, 

paragraph (6) of section 2903(c) relating to submission of 

information to Congress shall be deemed to require such 

submission within 48 hours. ‘‘(2) CONSIDERATION OF LOCAL GOVERNMENT VIEWS.—(A) 

In making recommendations to the Commission in 2005, the 

Secretary shall consider any notice received from a local government in the vicinity of a military installation that the government would approve of the closure or realignment of the 

installation. 

‘‘(B) Notwithstanding the requirement in subparagraph (A), 

the Secretary shall make the recommendations referred to in 

that subparagraph based on the force-structure plan, infrastructure inventory, and final selection criteria otherwise applicable 

to such recommendations. 

‘‘(C) The recommendations shall include a statement of 

the result of the consideration of any notice described in 

subparagraph (A) that is received with respect to a military 

installation covered by such recommendations. The statement 

shall set forth the reasons for the result. 

‘‘(c) RECOMMENDATIONS TO RETAIN BASES IN INACTIVE 

STATUS.—In making recommendations for the closure or realignment of military installations, the Secretary may recommend that 

an installation be placed in an inactive status if the Secretary 

determines that— 

‘‘(1) the installation may be needed in the future for 

national security purposes; or 

‘‘(2) retention of the installation is otherwise in the interest 

of the United States. 

‘‘(d) COMMISSION REVIEW AND RECOMMENDATIONS.— 

‘‘(1) IN GENERAL.—Except as provided in this subsection, 

section 2903(d) shall apply to the consideration by the Commission of the recommendations transmitted by the Secretary in 

2005. The Commission’s report containing its findings and 

conclusions, based on a review and analysis of the Secretary’s 

recommendations, shall be transmitted to the President not 

later than September 8, 2005. 

‘‘(2) AVAILABILITY OF RECOMMENDATIONS TO CONGRESS.— 

After September 8, 2005, the Commission shall promptly provide, upon request, to any Member of Congress information 

used by the Commission in making its recommendations. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1347
 

‘‘(3) LIMITATIONS ON AUTHORITY TO ADD TO CLOSURE OR 

REALIGNMENT LISTS.—The Commission may not consider 

making a change in the recommendations of the Secretary 

that would add a military installation to the Secretary’s list 

of installations recommended for closure or realignment unless, 

in addition to the requirements of section 2903(d)(2)(C)— 

‘‘(A) the Commission provides the Secretary with at 

least a 15-day period, before making the change, in which 

to submit an explanation of the reasons why the installation was not included on the closure or realignment list 

by the Secretary; and 

‘‘(B) the decision to add the installation for Commission 

consideration is supported by at least seven members of 

the Commission. 

‘‘(4) TESTIMONY BY SECRETARY.—The Commission shall 

invite the Secretary to testify at a public hearing, or a closed 

hearing if classified information is involved, on any proposed 

change by the Commission to the Secretary’s recommendations. ‘‘(5) COMPTROLLER GENERAL REPORT.—The Comptroller 

General report required by section 2903(d)(5)(B) analyzing the 

recommendations of the Secretary and the selection process 

in 2005 shall be transmitted to the congressional defense 

committees not later than July 1, 2005. 

‘‘(e) REVIEW BY THE PRESIDENT.— 

‘‘(1) IN GENERAL.—Except as provided in this subsection, 

section 2903(e) shall apply to the review by the President 

of the recommendations of the Commission under this section, 

and the actions, if any, of the Commission in response to 

such review, in 2005. The President shall review the recommendations of the Secretary and the recommendations contained in the report of the Commission under subsection (d) 

and prepare a report, not later than September 23, 2005, containing the President’s approval or disapproval of the Commission’s recommendations. 

‘‘(2) COMMISSION RECONSIDERATION.—If the Commission 

prepares a revised list of recommendations under section 

2903(e)(3) in 2005 in response to the review of the President 

in that year under paragraph (1), the Commission shall 

transmit the revised list to the President not later than October 

20, 2005. 

‘‘(3) EFFECT OF FAILURE TO TRANSMIT.—If the President 

does not transmit to Congress an approval and certification 

described in paragraph (2) or (4) of section 2903(e) by November 

7, 2005, the process by which military installations may be 

selected for closure or realignment under this part in 2005 

shall be terminated. 

‘‘(4) EFFECT OF TRANSMITTAL.—A report of the President 

under this subsection containing the President’s approval of 

the Commission’s recommendations is deemed to be a report 

under section 2903(e) for purposes of sections 2904 and 2908.’’. 

SEC. 3004. LIMITATIONS ON PRIVATIZATION IN PLACE. 

Section 2904(a) of the Defense Base Closure and Realignment 

Act of 1990 (part A of title XXIX of Public Law 101–510; 10 

U.S.C. 2687 note) is amended— 

(1) by redesignating paragraphs (3) and (4) as paragraphs 

(4) and (5), respectively; and 

Reports. 

Deadline. 

Deadline. 

Deadline. 

Termination. 

115 STAT. 1348 PUBLIC LAW 107–107—DEC. 28, 2001
 

(2) by inserting after paragraph (2) the following new paragraph (3): ‘‘(3) carry out the privatization in place of a military 

installation recommended for closure or realignment by the 

Commission in the 2005 report only if privatization in place 

is a method of closure or realignment of the military installation 

specified in the recommendations of the Commission in such 

report and is determined by the Commission to be the most 

cost-effective method of implementation of the recommendation;’’. 

SEC. 3005. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005. 

(a) ESTABLISHMENT.—The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 

10 U.S.C. 2687 note) is amended by inserting after section 2906 

the following new section: 

‘‘SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 

2005. 

‘‘(a) IN GENERAL.—(1) If the Secretary makes the certifications 

required under section 2912(b), there shall be established on the 

books of the Treasury an account to be known as the ‘Department 

of Defense Base Closure Account 2005’ (in this section referred 

to as the ‘Account’). The Account shall be administered by the 

Secretary as a single account. ‘‘(2) There shall be deposited into the Account— ‘‘(A) funds authorized for and appropriated to the Account; 

‘‘(B) any funds that the Secretary may, subject to approval 

in an appropriation Act, transfer to the Account from funds 

appropriated to the Department of Defense for any purpose, 

except that such funds may be transferred only after the date 

on which the Secretary transmits written notice of, and justification for, such transfer to the congressional defense committees; and ‘‘(C) except as provided in subsection (d), proceeds received 

from the lease, transfer, or disposal of any property at a military 

installation that is closed or realigned under this part pursuant 

to a closure or realignment the date of approval of which 

is after January 1, 2005. 

‘‘(3) The Account shall be closed at the time and in the manner 

provided for appropriation accounts under section 1555 of title 

31, United States Code. Unobligated funds which remain in the 

Account upon closure shall be held by the Secretary of the Treasury 

until transferred by law after the congressional defense committees 

receive the final report transmitted under subsection (c)(2). ‘‘(b) USE OF FUNDS.—(1) The Secretary may use the funds 

in the Account only for the purposes described in section 2905 

with respect to military installations the date of approval of closure 

or realignment of which is after January 1, 2005. 

‘‘(2) When a decision is made to use funds in the Account 

to carry out a construction project under section 2905(a) and the 

cost of the project will exceed the maximum amount authorized 

by law for a minor military construction project, the Secretary 

shall notify in writing the congressional defense committees of 

the nature of, and justification for, the project and the amount 

of expenditures for such project. Any such construction project 

may be carried out without regard to section 2802(a) of title 10, 

United States Code. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1349
 

‘‘(c) REPORTS.—(1)(A) No later than 60 days after the end of 

each fiscal year in which the Secretary carries out activities under 

this part using amounts in the Account, the Secretary shall transmit 

a report to the congressional defense committees of the amount 

and nature of the deposits into, and the expenditures from, the 

Account during such fiscal year and of the amount and nature 

of other expenditures made pursuant to section 2905(a) during 

such fiscal year. 

‘‘(B) The report for a fiscal year shall include the following: 

‘‘(i) The obligations and expenditures from the Account 

during the fiscal year, identified by subaccount, for each military department and Defense Agency. 

‘‘(ii) The fiscal year in which appropriations for such 

expenditures were made and the fiscal year in which funds 

were obligated for such expenditures. 

‘‘(iii) Each military construction project for which such 

obligations and expenditures were made, identified by installation and project title. 

‘‘(iv) A description and explanation of the extent, if any, 

to which expenditures for military construction projects for 

the fiscal year differed from proposals for projects and funding 

levels that were included in the justification transmitted to 

Congress under section 2907(1), or otherwise, for the funding 

proposals for the Account for such fiscal year, including an 

explanation of— 

‘‘(I) any failure to carry out military construction 

projects that were so proposed; and 

‘‘(II) any expenditures for military construction projects 

that were not so proposed. 

‘‘(2) No later than 60 days after the termination of the authority 

of the Secretary to carry out a closure or realignment under this 

part with respect to military installations the date of approval 

of closure or realignment of which is after January 1, 2005, and 

no later than 60 days after the closure of the Account under subsection (a)(3), the Secretary shall transmit to the congressional 

defense committees a report containing an accounting of— 

‘‘(A) all the funds deposited into and expended from the 

Account or otherwise expended under this part with respect 

to such installations; and 

‘‘(B) any amount remaining in the Account. 

‘‘(d) DISPOSAL OR TRANSFER OF COMMISSARY STORES AND PROPERTY PURCHASED WITH NONAPPROPRIATED FUNDS.—(1) If any real 

property or facility acquired, constructed, or improved (in whole 

or in part) with commissary store funds or nonappropriated funds 

is transferred or disposed of in connection with the closure or 

realignment of a military installation under this part the date 

of approval of closure or realignment of which is after January 

1, 2005, a portion of the proceeds of the transfer or other disposal 

of property on that installation shall be deposited in the reserve 

account established under section 204(b)(7)(C) of the Defense 

Authorization Amendments and Base Closure and Realignment Act 

(10 U.S.C. 2687 note). 

‘‘(2) The amount so deposited shall be equal to the depreciated 

value of the investment made with such funds in the acquisition, 

construction, or improvement of that particular real property or 

facility. The depreciated value of the investment shall be computed 

in accordance with regulations prescribed by the Secretary. 

Deadline. 

Deadline. 

115 STAT. 1350 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(3) The Secretary may use amounts in the reserve account, 

without further appropriation, for the purpose of acquiring, constructing, and improving— 

‘‘(A) commissary stores; and 

‘‘(B) real property and facilities for nonappropriated fund 

instrumentalities. 

‘‘(4) In this subsection, the terms ‘commissary store funds’, 

‘nonappropriated funds’, and ‘nonappropriated fund instrumentality’ 

shall have the meaning given those terms in section 2906(d)(4). 

‘‘(e) ACCOUNT EXCLUSIVE SOURCE OF FUNDS FOR ENVIRONMENTAL RESTORATION PROJECTS.—Except as provided in section 

2906(e) with respect to funds in the Department of Defense Base 

Closure Account 1990 under section 2906 and except for funds 

deposited into the Account under subsection (a), funds appropriated 

to the Department of Defense may not be used for purposes 

described in section 2905(a)(1)(C). The prohibition in this subsection 

shall expire upon the closure of the Account under subsection 

(a)(3).’’. 

10 USC 2687 (b) CONFORMING AMENDMENTS.—Section 2906 of that Act is 

note. amended— 

(1) in subsection (a)(2)(C), by inserting ‘‘the date of approval 

of closure or realignment of which is before January 1, 2005’’ 

after ‘‘under this part’’; 

(2) in subsection (b)(1), by inserting ‘‘with respect to military installations the date of approval of closure or realignment 

of which is before January 1, 2005,’’ after ‘‘section 2905’’; 

(3) in subsection (c)(2)— 

(A) in the matter preceding subparagraph (A), by 

inserting ‘‘with respect to military installations the date 

of approval of closure or realignment of which is before 

January 1, 2005,’’ after ‘‘under this part’’; and 

(B) in subparagraph (A), by inserting ‘‘with respect 

to such installations’’ after ‘‘under this part’’; 

(4) in subsection (d)(1), by inserting ‘‘the date of approval 

of closure or realignment of which is before January 1, 2005’’ 

after ‘‘under this part’’; and 

(5) in subsection (e), by striking ‘‘Except for’’ and inserting 

‘‘Except as provided in section 2906A(e) with respect to funds 

in the Department of Defense Base Closure Account 2005 under 

section 2906A and except for’’. 

(c) CLERICAL AMENDMENT.—The section heading of section 2906 

of that Act is amended by striking ‘‘ACCOUNT’’ and inserting 

‘‘DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990’’. 

SEC. 3006. IMPLEMENTATION OF CLOSURE AND REALIGNMENT 

DECISIONS. 

(a) REQUIREMENT TO RECEIVE FAIR MARKET VALUE.—Section 

10 USC 2687 2905(b)(4)(B) of that Act is amended— note. (1) in the first sentence, by striking ‘‘shall be without 

consideration’’ in the matter preceding clause (i) and inserting 

‘‘may be without consideration’’; and 

(2) by inserting after ‘‘(B)’’ the following new sentence: 

‘‘With respect to military installations for which the date of 

approval of closure or realignment is after January 1, 2005, 

the Secretary shall seek to obtain consideration in connection 

with any transfer under this paragraph of property located 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1351
 

at the installation in an amount equal to the fair market
 

value of the property, as determined by the Secretary.’’.
 (b) TRANSFERS IN CONNECTION WITH PAYMENT OF ENVIRONMENTAL REMEDIATION.—Section 2905(e) of that Act is amended— (1) in paragraph (1)(B), by adding at the end the following
 

new sentence: ‘‘The real property and facilities referred to in
 

subparagraph (A) are also the real property and facilities
 

located at an installation approved for closure or realignment
 

under this part after 2001 that are available for purposes
 

other than to assist the homeless.’’;
 

(2) in paragraph (2)(A), by striking ‘‘to be paid by the
 

recipient of the property or facilities’’ and inserting ‘‘otherwise
 

to be paid by the Secretary with respect to the property or
 

facilities’’;
 

(3) by striking paragraph (6); 

(4) by redesignating paragraphs (3), (4), and (5) as paragraphs (4), (5), and (6), respectively; and
 

(5) by inserting after paragraph (2) the following new paragraph (3):
 

‘‘(3) In the case of property or facilities covered by a certification
 

under paragraph (2)(A), the Secretary may pay the recipient of 

such property or facilities an amount equal to the lesser of— ‘‘(A) the amount by which the costs incurred by the 

recipient of such property or facilities for all environmental 

restoration, waste, management, and environmental compliance 

activities with respect to such property or facilities exceed 

the fair market value of such property or facilities as specified 

in such certification; or 

‘‘(B) the amount by which the costs (as determined by
 

the Secretary) that would otherwise have been incurred by
 

the Secretary for such restoration, management, and activities
 

with respect to such property or facilities exceed the fair market
 

value of such property or facilities as so specified.’’.
 

(c) SCOPE OF INDEMNIFICATION OF TRANSFEREES IN CONNECTION 

WITH PAYMENT OF ENVIRONMENTAL REMEDIATION.—Paragraph (6) 

of section 2905(e) of that Act, as redesignated by subsection (b)(4), 

is amended by inserting before the period the following: ‘‘, except 

in the case of releases or threatened releases not disclosed pursuant 

to paragraph (4)’’. 

SEC. 3007. TECHNICAL AND CLARIFYING AMENDMENTS. 

(a) RELATIONSHIP TO OTHER BASE CLOSURE AUTHORITY.—Section 2909(a) of the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note) is amended by striking ‘‘the date of the enactment 

of this Act and ending on December 31, 1995,’’ and inserting 

‘‘November 5, 1990, and ending on April 15, 2006,’’. 

(b) COMMENCEMENT OF PERIOD FOR NOTICE OF INTEREST IN 

PROPERTY FOR HOMELESS.—Section 2905(b)(7)(D)(ii)(I) of that Act 

is amended by striking ‘‘that date’’ and inserting ‘‘the date of 

publication of such determination in a newspaper of general circulation in the communities in the vicinity of the installation under 

subparagraph (B)(i)(IV)’’. 

(c) COMMITTEE NAME.—That Act is further amended by striking 

‘‘National Security’’ and inserting ‘‘Armed Services’’ each place it 

appears in the following provisions: 

(A) Section 2902(e)(2)(B)(ii).	 10 USC 2687 

note. 

115 STAT. 1352 PUBLIC LAW 107–107—DEC. 28, 2001
 

10 USC 2687 

note. 

10 USC 2687 

note. 

50 USC 2401 

note. 

Deadline. 

(B) Section 2908(b). 

(d) OTHER CLARIFYING AMENDMENTS.—(1) That Act is further 

amended by inserting ‘‘or realignment’’ after ‘‘closure’’ each place 

it appears in the following provisions: 

(A) Section 2905(b)(3). 

(B) Section 2905(b)(5). 

(C) Section 2905(b)(7)(B)(iv). 

(D) Section 2905(b)(7)(N). 

(E) Section 2910(10)(B). 

(2) That Act is further amended by inserting ‘‘or realigned’’ 

after ‘‘closed’’ each place it appears in the following provisions: 

(A) Section 2905(b)(3)(C)(ii). 

(B) Section 2905(b)(3)(D). 

(C) Section 2905(b)(3)(E). 

(D) Section 2905(b)(5)(A). 

(E) Section 2910(9). 

(F) Section 2910(10). 

(3) Section 2905(e)(1)(B) of that Act is amended by inserting 

‘‘, or realigned or to be realigned,’’ after ‘‘closed or to be closed’’. 

SEC. 3008. PREPARATION OF INFRASTRUCTURE PLAN FOR THE 

NUCLEAR WEAPONS COMPLEX. 

(a) INFRASTRUCTURE PLAN FOR NUCLEAR WEAPONS COMPLEX.— 

(1) PREPARATION AND SUBMISSION.—Not later than the date 

on which the budget for the Department of Energy for fiscal 

year 2004 is submitted to Congress, the Secretary of Energy 

shall submit to Congress an infrastructure plan for the nuclear 

weapons complex adequate to support the nuclear weapons 

stockpile, the naval reactors program, and nonproliferation and 

national security activities. 

(2) SPECIAL CONSIDERATIONS.—In preparing the infrastructure plan, the Secretary shall take into consideration the following: 

(A) The Department of Defense Nuclear Posture 

Review required pursuant to section 1041 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal 

Year 2001 (as enacted into law by Public Law 106–398; 

114 Stat. 1654A–262). 

(B) Any efficiencies and security benefits of consolidation of facilities of the nuclear weapons complex. 

(C) The necessity to have a residual production capability. 

(b) RECOMMENDATIONS REGARDING REALIGNMENTS AND CLOSURES.—On the basis of the infrastructure plan prepared under 

subsection (a), the Secretary shall make such recommendations 

regarding the need to close or realign facilities of the nuclear 

weapons complex as the Secretary considers appropriate, including 

the Secretary’s recommendations on whether to establish a process 

by which a round of closures and realignments would be carried 

out and any additional legislative authority necessary to implement 

the recommendations. The Secretary shall submit the recommendations as part of the infrastructure plan under subsection (a). 

(c) DEFINITIONS.—In this section: 

(1) The terms ‘‘Secretary’’ and ‘‘Secretary of Energy’’ mean 

the Secretary of Energy, acting after consideration of the recommendations of the Administrator for Nuclear Security. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1353
 

(2) The term ‘‘nuclear weapons complex’’ means the 

national security laboratories and nuclear weapons production 

facilities (as such terms are defined in section 3281 of the 

National Nuclear Security Administration Act (50 U.S.C. 2471)) 

and the facilities of the Naval Nuclear Propulsion Program 

provided for under the Naval Nuclear Propulsion Executive 

Order (as such term is defined in section 3216 of such Act 

(50 U.S.C. 2406)). 

DIVISION C—DEPARTMENT OF ENERGY 

NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS 

TITLE XXXI—DEPARTMENT OF ENERGY 

NATIONAL SECURITY PROGRAMS 

Subtitle A—National Security Programs Authorizations 

Sec. 3101. National Nuclear Security Administration.


Sec. 3102. Defense environmental restoration and waste management.


Sec. 3103. Other defense activities.
 

Sec. 3104. Defense environmental management privatization.


Sec. 3105. Defense nuclear waste disposal.
 

Subtitle B—Recurring General Provisions 

Sec. 3121. Reprogramming.


Sec. 3122. Limits on minor construction projects.


Sec. 3123. Limits on construction projects.


Sec. 3124. Fund transfer authority.


Sec. 3125. Authority for conceptual and construction design.


Sec. 3126. Authority for emergency planning, design, and construction activities.


Sec. 3127. Funds available for all national security programs of the Department of
 

Energy. Sec. 3128. Availability of funds.

Sec. 3129. Transfer of defense environmental management funds.

Sec. 3130. Transfer of weapons activities funds. 

Subtitle C—Program Authorizations, Restrictions, and Limitations 

Sec. 3131. Consolidation of Nuclear Cities Initiative program with Initiatives for 

Proliferation Prevention program. Sec. 3132. Nuclear Cities Initiative. 

Sec. 3133. Limitation on availability of funds for weapons activities for facilities 

and infrastructure. 

Sec. 3134. Limitation on availability of funds for other defense activities for national security programs administrative support. Sec. 3135. Termination date of Office of River Protection, Richland, Washington.

Sec. 3136. Support for public education in the vicinity of Los Alamos National Laboratory, New Mexico. Sec. 3137. Reports on achievement of milestones for National Ignition Facility. 

Subtitle D—Matters Relating to Management of the National Nuclear
 

Security Administration
 

Sec. 3141. Establishment of Principal Deputy Administrator of National Nuclear 

Security Administration. Sec. 3142. Elimination of requirement that national security laboratories and nuclear weapons production facilities report to Deputy Administrator for 

Defense Programs. Sec. 3143. Repeal of duplicative provision relating to dual office holding by personnel of National Nuclear Security Administration. Sec. 3144. Report on adequacy of Federal pay and hiring authorities to meet personnel requirements of National Nuclear Security Administration. 

Subtitle E—Other Matters 

Sec. 3151. Improvements to Energy Employees Occupational Illness Compensation 

Program. 

115 STAT. 1354 PUBLIC LAW 107–107—DEC. 28, 2001
 

Sec. 3152. Department of Energy counterintelligence polygraph program.

Sec. 3153. One-year extension of authority of Department of Energy to pay voluntary separation incentive payments. Sec. 3154. Annual assessment and report on vulnerability of Department of Energy 

facilities to terrorist attack. 

Sec. 3155. Disposition of surplus defense plutonium at Savannah River Site, Aiken, 

South Carolina. 

Sec. 3156. Modification of date of report of panel to assess the reliability, safety, 

and security of the United States nuclear stockpile. 

Subtitle F—Rocky Flats National Wildlife Refuge 

Sec. 3171. Short title. 

Sec. 3172. Findings and purposes.

Sec. 3173. Definitions. 

Sec. 3174. Future ownership and management.

Sec. 3175. Transfer of management responsibilities and jurisdiction over Rocky 

Flats. 

Sec. 3176. Administration of retained property; continuation of cleanup and closure.

Sec. 3177. Rocky Flats National Wildlife Refuge.

Sec. 3178. Comprehensive planning process.

Sec. 3179. Property rights.

Sec. 3180. Liabilities and other obligations.

Sec. 3181. Rocky Flats Museum.

Sec. 3182. Annual report on funding. 

Subtitle A—National Security Programs
 

Authorizations
 

SEC. 3101. NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for the activities of the National 

Nuclear Security Administration in carrying out programs necessary for national security in the amount of $7,121,094,000, to 

be allocated as follows: 

(1) WEAPONS ACTIVITIES.—For weapons activities, 

$5,343,567,000, to be allocated as follows: 

(A) For stewardship operation and maintenance, 

$4,601,871,000, to be allocated as follows: 

(i) For directed stockpile work, $1,002,274,000. 

(ii) For campaigns, $2,074,473,000, to be allocated 

as follows: 

(I) For operation and maintenance, 

$1,704,501,000. 

(II) For construction, $369,972,000, to be allocated as follows: 

Project 01–D–101, distributed information 

systems laboratory, Sandia National Laboratories, Livermore, California, $5,400,000. 

Project 00–D–103, terascale simulation 

facility, Lawrence Livermore National Laboratory, Livermore, California, $22,000,000. 

Project 00–D–105, strategic computing 

complex, Los Alamos National Laboratory, Los 

Alamos, New Mexico, $11,070,000. 

Project 00–D–107, joint computational 

engineering laboratory, Sandia National Laboratories, Albuquerque, New Mexico, 

$5,377,000. 

Project 98–D–125, tritium extraction 

facility, Savannah River Plant, Aiken, South 

Carolina, $81,125,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1355
 

Project 96–D–111, national ignition 

facility (NIF), Lawrence Livermore National 

Laboratory, Livermore, California, 

$245,000,000. 

(iii) For readiness in technical base and facilities, 

$1,525,124,000, to be allocated as follows: 

(I) For operation and maintenance, 

$1,348,260,000. 

(II) For plant projects (including maintenance, 

restoration, planning, construction, acquisition, 

modification of facilities, and the continuation of 

projects authorized in prior years, and land 

acquisition related thereto), $176,864,000, to be 

allocated as follows: 

Project 02–D–103, project engineering and 

design (PED), various locations, $22,830,000. 

Project 02–D–105, engineering technology 

complex upgrade, Lawrence Livermore 

National Laboratory, Livermore, California, 

$4,750,000. 

Project 02–D–107, electrical power systems safety communications and bus 

upgrades, Nevada Test Site, Nevada, 

$3,507,000. 

Project 01–D–101, microsystems and 

engineering sciences applications (MESA), 

Sandia National Laboratories, Albuquerque, 

New Mexico, $39,000,000. 

Project 01–D–103, preliminary project 

design and engineering, various locations, 

$16,379,000. 

Project 01–D–107, Atlas relocation, 

Nevada Test Site, Nevada, $3,300,000. 

Project 01–D–126, weapons evaluation 

test laboratory, Pantex Plant, Amarillo, Texas, 

$7,700,000. 

Project 01–D–800, sensitive compartmented information facility, Lawrence Livermore National Laboratory, Livermore, California, $12,993,000. 

Project 99–D–103, isotope sciences facilities, Lawrence Livermore National Laboratory, Livermore, California, $4,400,000. 

Project 99–D–104, protection of real property (roof reconstruction, phase II), Lawrence 

Livermore National Laboratory, Livermore, 

California, $2,800,000. 

Project 99–D–106, model validation and 

system certification center, Sandia National 

Laboratories, Albuquerque, New Mexico, 

$4,955,000. 

Project 99–D–108, renovate existing roadways, Nevada Test Site, Nevada, $2,000,000. 

Project 99–D–125, replace boilers and controls, Kansas City Plant, Kansas City, Missouri, $300,000. 

115 STAT. 1356
 PUBLIC LAW 107–107—DEC. 28, 2001 

Project 99–D–127, stockpile management 

restructuring initiative, Kansas City plant, 

Kansas City, Missouri, $22,200,000. 

Project 99–D–128, stockpile management 

restructuring initiative, Pantex Plant, Amarillo, Texas, $3,300,000. 

Project 98–D–123, stockpile management 

restructuring initiative, tritium facility modernization and consolidation, Savannah River 

Plant, Aiken, South Carolina, $13,700,000. 

Project 98–D–124, stockpile management 

restructuring initiative, Y–12 consolidation, 

Oak Ridge, Tennessee, $6,850,000. 

Project 97–D–123, structural upgrades, 

Kansas City Plant, Kansas City, Missouri, 

$3,000,000. 

Project 96–D–102, stockpile stewardship 

facilities revitalization, Phase VI, various locations, $2,900,000. 

(B) For secure transportation asset, $121,800,000, to 

be allocated as follows: 

(i) For operation and maintenance, $77,571,000. 

(ii) For program direction, $44,229,000. 

(C) For safeguards and security, $448,881,000, to be 

allocated as follows: 

(i) For operations and maintenance, $439,281,000. 

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects 

authorized in prior years, and land acquisition related 

thereto), $9,600,000, to be allocated as follows: 

Project 99–D–132, stockpile management 

restructuring initiative, nuclear material safeguards and security upgrades project, Los Alamos 

National Laboratory, Los Alamos, New Mexico, 

$9,600,000. 

(D) For facilities and infrastructure, $200,000,000. 

(E) The total amount authorized by this paragraph 

is the sum of the amounts authorized to be appropriated 

by subparagraphs (A) through (D), reduced by $28,985,000, 

to be derived from a security charge for reimbursable work. 

(2) DEFENSE NUCLEAR NONPROLIFERATION.—For defense 

nuclear nonproliferation activities, $776,886,000, to be allocated 

as follows: 

(A) For nonproliferation and verification research and 

development, $244,306,000, to be allocated as follows: 

(i) For operation and maintenance, $208,500,000. 

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects 

authorized in prior years, and land acquisition related 

thereto), $35,806,000, to be allocated as follows: 

Project 00–D–192, nonproliferation and international security center (NISC), Los Alamos 

National Laboratory, Los Alamos, New Mexico, 

$35,806,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1357
 

(B) For arms control and Russian transition initiatives, 

$117,741,000. 

(C) For international materials protection, control, and 

accounting, $143,800,000. 

(D) For highly enriched uranium transparency 

implementation, $13,950,000. 

(E) For international nuclear safety, $10,000,000. 

(F) For fissile materials control and disposition, 

$289,089,000, to be allocated as follows: 

(i) For United States surplus fissile materials disposition, $228,089,000, to be allocated as follows: 

(I) For operation and maintenance, 

$130,089,000. 

(II) For plant projects (including maintenance, 

restoration, planning, construction, acquisition, 

modification of facilities, and the continuation of 

projects authorized in prior years, and land 

acquisition related thereto), $98,000,000, to be allocated as follows: 

Project 01–D–407, highly enriched uranium blend-down, Savannah River Site, Aiken, 

South Carolina, $24,000,000. 

Project 99–D–141, pit disassembly and 

conversion facility, Savannah River Site, 

Aiken, South Carolina, $11,000,000. 

Project 99–D–143, mixed oxide fuel fabrication facility, Savannah River Site, Aiken, 

South Carolina, $63,000,000. 

(ii) For Russian surplus fissile materials disposition, $61,000,000. 

(G) The total amount authorized by this paragraph 

is the sum of the amounts authorized to be appropriated 

by subparagraphs (A) through (F), reduced by $42,000,000, 

to be derived from offsets and use of prior year balances. 

(3) NAVAL REACTORS.—For naval reactors, $688,045,000, 

to be allocated as follows: 

(A) For naval reactors development, $665,445,000, to 

be allocated as follows: 

(i) For operation and maintenance, $652,245,000. 

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects 

authorized in prior years, and land acquisition related 

thereto), $13,200,000, to be allocated as follows: 

Project 01–D–200, major office replacement 

building, Schenectady, New York, $9,000,000. 

Project 90–N–102, expended core facility dry 

cell project, Naval Reactors Facility, Idaho, 

$4,200,000. 

(B) For program direction, $22,600,000. 

(4) OFFICE OF ADMINISTRATOR FOR NUCLEAR SECURITY.— 

For the Office of the Administrator for Nuclear Security, and 

for program direction for the National Nuclear Security 

Administration (other than for naval reactors and secure 

transportation asset), $312,596,000. 

115 STAT. 1358 PUBLIC LAW 107–107—DEC. 28, 2001
 

SEC. 3102. DEFENSE ENVIRONMENTAL RESTORATION AND WASTE 

MANAGEMENT. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for environmental restoration and waste management activities in carrying 

out programs necessary for national security in the amount of 

$6,022,415,000, to be allocated as follows: 

(1) CLOSURE PROJECTS.—For closure projects carried out 

in accordance with section 3143 of the National Defense 

Authorization Act for Fiscal Year 1997 (Public Law 104–201; 110 Stat. 2836; 42 U.S.C. 7277n), $1,080,538,000. 

(2) SITE/PROJECT COMPLETION.—For site completion and 

project completion in carrying out environmental management 

activities necessary for national security programs, 

$959,696,000, to be allocated as follows: 

(A) For operation and maintenance, $919,030,000. 

(B) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of 

facilities, and the continuation of projects authorized in 

prior years, and land acquisition related thereto), 

$40,666,000, to be allocated as follows: 

Project 01–D–402, Intec cathodic protection system 

expansion, Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho, $3,256,000. 

Project 02–D–420, plutonium stabilization and 

packaging, Savannah River Site, Aiken, South Carolina, $20,000,000. 

Project 01–D–414, preliminary project, engineering 

and design (PE&D), various locations, $2,754,000. 

Project 99–D–402, tank farm support services, 

F&H areas, Savannah River Site, Aiken, South Carolina, $5,040,000. 

Project 99–D–404, health physics instrumentation 

laboratory, Idaho National Engineering and Environmental Laboratory, Idaho Falls, Idaho, $2,700,000. 

Project 98–D–453, plutonium stabilization and 

handling system for plutonium finishing plant, Richland, Washington, $1,910,000. 

Project 96–D–471, chlorofluorocarbon heating, ventilation, and air conditioning and chiller retrofit, 

Savannah River Site, Aiken, South Carolina, 

$4,244,000. 

Project 86–D–103, decontamination and waste 

treatment facility, Lawrence Livermore National Laboratory, Livermore, California, $762,000. 

(3) POST-2006 COMPLETION.—For post-2006 completion in 

carrying out environmental restoration and waste management 

activities necessary for national security programs, 

$3,265,201,000, to be allocated as follows: 

(A) For operation and maintenance, $1,955,979,000. 

(B) For uranium enrichment decontamination and 

decommissioning fund contribution, $420,000,000. 

(C) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of 

facilities, and the continuation of projects authorized in 

prior years, and land acquisition related thereto), 

$6,754,000, to be allocated as follows: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1359
 

Project 93–D–187, high-level waste removal from 

filled waste tanks, Savannah River Site, Aiken, South 

Carolina, $6,754,000. 

(D) For the Office of River Protection in carrying out 

environmental restoration and waste management activities necessary for national security programs, $882,468,000, 

to be allocated as follows: 

(i) For operation and maintenance, $322,151,000. 

(ii) For plant projects (including maintenance, restoration, planning, construction, acquisition, modification of facilities, and the continuation of projects 

authorized in prior years, and land acquisition related 

thereto), $560,317,000, to be allocated as follows: 

Project 01–D–416, waste treatment and immobilization plant, Richland, Washington, 

$520,000,000. 

Project 97–D–402, tank farm restoration and 

safe operations, Richland, Washington, 

$33,473,000. 

Project 94–D–407, initial tank retrieval systems, Richland, Washington, $6,844,000. 

(4) SCIENCE AND TECHNOLOGY DEVELOPMENT.—For science 

and technology development in carrying out environmental restoration and waste management activities necessary for 

national security programs, $216,000,000. 

(5) EXCESS FACILITIES.—For excess facilities in carrying 

out environmental restoration and waste management activities 

necessary for national security programs, $1,300,000. 

(6) SAFEGUARDS AND SECURITY.—For safeguards and security in carrying out environmental restoration and waste 

management activities necessary for national security programs, $205,621,000. 

(7) PROGRAM DIRECTION.—For program direction in carrying out environmental restoration and waste management 

activities necessary for national security programs, 

$355,761,000. 

(b) ADJUSTMENT.—The total amount authorized to be appropriated by subsection (a) is the sum of the amounts authorized 

to be appropriated by paragraphs (1) through (7) of that subsection, 

reduced by $61,702,000, of which $56,311,000 is to reflect an offset 

provided by use of prior year balances and $5,391,000 is to be 

derived from a security charge for reimbursable work. 

SEC. 3103. OTHER DEFENSE ACTIVITIES. 

(a) IN GENERAL.—Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for other 

defense activities in carrying out programs necessary for national 

security in the amount of $499,663,000, to be allocated as follows: 

(1) INTELLIGENCE.—For intelligence, $40,844,000. 

(2) COUNTERINTELLIGENCE.—For counterintelligence, 

$46,000,000. 

(3) SECURITY AND EMERGENCY OPERATIONS.—For security 

and emergency operations, $250,427,000, to be allocated as 

follows: 

(A) For nuclear safeguards and security, $116,500,000. 

(B) For security investigations, $44,927,000. 

115 STAT. 1360 PUBLIC LAW 107–107—DEC. 28, 2001
 

(C) For corporate management information programs, 

$10,000,000. 

(D) For program direction, $79,000,000. 

(4) INDEPENDENT OVERSIGHT AND PERFORMANCE ASSURANCE.—For independent oversight and performance assurance, 

$14,904,000. 

(5) OFFICE OF ENVIRONMENT, SAFETY, AND HEALTH.—For 

the Office of Environment, Safety, and Health, $113,307,000, 

to be allocated as follows: 

(A) For environment, safety, and health (defense), 

$91,307,000. 

(B) For program direction, $22,000,000. 

(6) WORKER AND COMMUNITY TRANSITION ASSISTANCE.—For 

worker and community transition assistance, $20,000,000, to 

be allocated as follows: 

(A) For worker and community transition, $18,000,000. 

(B) For program direction, $2,000,000. 

(7) OFFICE OF HEARINGS AND APPEALS.—For the Office of 

Hearings and Appeals, $2,893,000. 

(8) NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT.—For national security programs administrative support, 

$22,000,000. 

(b) ADJUSTMENT.—The amount authorized to be appropriated 

pursuant to subsection (a) is the total of the amounts authorized 

to be appropriated by paragraphs (1) through (8) of that subsection, 

reduced by $10,712,000, of which $10,000,000 is to reflect an offset 

provided by use of prior year balances and $712,000 is to be derived 

from a security charge for reimbursable work. 

SEC. 3104. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for privatization initiatives 

in carrying out environmental restoration and waste management 

activities necessary for national security programs in the amount 

of $153,537,000, to be allocated as follows: 

Project 02–PVT–1, Paducah disposal facility, Paducah, Kentucky, $13,329,000. 

Project 02–PVT–2, Portsmouth disposal facility, Portsmouth, Ohio, $2,000,000. 

Project 98–PVT–2, spent nuclear fuel dry storage, Idaho 

Falls, Idaho, $49,332,000. 

Project 98–PVT–5, environmental management/waste 

management disposal, Oak Ridge, Tennessee, $26,065,000. 

Project 97–PVT–2, advanced mixed waste treatment 

project, Idaho Falls, Idaho, $52,000,000. 

Project 97–PVT–3, transuranic waste treatment, Oak 

Ridge, Tennessee, $10,826,000. 

SEC. 3105. DEFENSE NUCLEAR WASTE DISPOSAL. 

Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2002 for payment to the Nuclear 

Waste Fund established in section 302(c) of the Nuclear Waste 

Policy Act of 1982 (42 U.S.C. 10222(c)) in the amount of 

$280,000,000. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1361
 

Subtitle B—Recurring General Provisions 

SEC. 3121. REPROGRAMMING. 

(a) IN GENERAL.—Except as provided in sections 3129 and 

3130, until the Secretary of Energy submits to the congressional 

defense committees the report referred to in subsection (b) and 

a period of 30 days has elapsed after the date on which such 

committees receive the report, the Secretary may not use amounts 

appropriated pursuant to this title for any program— (1) in amounts that exceed, in a fiscal year, the amount 

authorized for that program by this title; or 

(2) which has not been presented to, or requested of, Congress. 

(b) REPORT.—(1) The report referred to in subsection (a) is 

a report containing a full and complete statement of the action 

proposed to be taken and the facts and circumstances relied upon 

in support of the proposed action. 

(2) In the computation of the 30-day period under subsection 

(a), there shall be excluded any day on which either House of 

Congress is not in session because of an adjournment of more 

than 3 days to a day certain. 

(c) LIMITATIONS.—(1) In no event may the total amount of 

funds obligated pursuant to this title exceed the total amount 

authorized to be appropriated by this title. 

(2) Funds appropriated pursuant to this title may not be used 

for an item for which Congress has specifically denied funds. 

SEC. 3122. LIMITS ON MINOR CONSTRUCTION PROJECTS. 

(a) AUTHORITY.—The Secretary of Energy may carry out any 

minor construction project using operation and maintenance funds, 

or facilities and infrastructure funds, authorized by this title. 

(b) ANNUAL REPORT.—The Secretary shall submit to the 

congressional defense committees on an annual basis a report on 

each exercise of the authority in subsection (a) during the preceding 

year. Each report shall provide a brief description of each minor 

construction project covered by the report. 

(c) COST VARIATION REPORTS TO CONGRESSIONAL COMMIT- TEES.—If, at any time during the construction of any minor 

construction project authorized by this title, the estimated cost 

of the project is revised and the revised cost of the project exceeds 

$5,000,000, the Secretary shall immediately submit to the congressional defense committees a report explaining the reasons for the 

cost variation. 

(d) MINOR CONSTRUCTION PROJECT DEFINED.—In this section, 

the term ‘‘minor construction project’’ means any plant project not 

specifically authorized by law if the approved total estimated cost 

of the plant project does not exceed $5,000,000. 

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS. 

(a) IN GENERAL.—(1) Except as provided in paragraph (2), 

construction on a construction project may not be started or additional obligations incurred in connection with the project above 

the total estimated cost, whenever the current estimated cost of 

the construction project, authorized by section 3101, 3102, or 3103, 

or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds 

by more than 25 percent the higher of— 

115 STAT. 1362 PUBLIC LAW 107–107—DEC. 28, 2001
 

(A) the amount authorized for the project; or 

(B) the amount of the total estimated cost for the project 

as shown in the most recent budget justification data submitted 

to Congress. 

(2) An action described in paragraph (1) may be taken if— (A) the Secretary of Energy has submitted to the congressional defense committees a report on the actions and the 

circumstances making such action necessary; and 

(B) a period of 30 days has elapsed after the date on 

which the report is received by the committees. 

(3) In the computation of the 30-day period under paragraph 

(2), there is excluded any day on which either House of Congress 

is not in session because of an adjournment of more than 3 days 

to a day certain. 

(b) EXCEPTION.—Subsection (a) does not apply to a construction project with a current estimated cost of less than $5,000,000. 

SEC. 3124. FUND TRANSFER AUTHORITY. 

(a) TRANSFER TO OTHER FEDERAL AGENCIES.—The Secretary 

of Energy may transfer funds authorized to be appropriated to 

the Department of Energy pursuant to this title to other Federal 

agencies for the performance of work for which the funds were 

authorized. Funds so transferred may be merged with and be available for the same purposes and for the same time period as the 

authorizations of the Federal agency to which the amounts are 

transferred. 

(b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—(1) Subject 

to paragraph (2), the Secretary of Energy may transfer funds 

authorized to be appropriated to the Department of Energy pursuant to this title between any such authorizations. Amounts of 

authorizations so transferred may be merged with and be available 

for the same purposes and for the same period as the authorization 

to which the amounts are transferred. 

(2) Not more than 5 percent of any such authorization may 

be transferred between authorizations under paragraph (1). No 

such authorization may be increased or decreased by more than 

5 percent by a transfer under such paragraph. 

(c) LIMITATIONS.—The authority provided by this subsection 

to transfer authorizations— (1) may be used only to provide funds for items relating 

to activities necessary for national security programs that have 

a higher priority than the items from which the funds are 

transferred; and 

(2) may not be used to provide funds for an item for 

which Congress has specifically denied funds. 

(d) NOTICE TO CONGRESS.—The Secretary of Energy shall 

promptly notify the Committees on Armed Services of the Senate 

and House of Representatives of any transfer of funds to or from 

authorizations under this title. 

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION 

DESIGN. 

(a) REQUIREMENT OF CONCEPTUAL DESIGN.—(1) Subject to paragraph (2) and except as provided in paragraph (3), before submitting 

to Congress a request for funds for a construction project that 

is in support of a national security program of the Department 

of Energy, the Secretary of Energy shall complete a conceptual 

design for that project. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1363
 

(2) If the estimated cost of completing a conceptual design for a construction project exceeds $3,000,000, the Secretary shall 

submit to Congress a request for funds for the conceptual design 

before submitting a request for funds for the construction project. 

(3) The requirement in paragraph (1) does not apply to a 

request for funds— 

(A) for a minor construction project the total estimated 

cost of which is less than $5,000,000; or 

(B) for emergency planning, design, and construction activities under section 3126. 

(b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1) Within the 

amounts authorized by this title, the Secretary of Energy may 

carry out construction design (including architectural and 

engineering services) in connection with any proposed construction 

project if the total estimated cost for such design does not exceed 

$600,000. 

(2) If the total estimated cost for construction design in connec­ tion with any construction project exceeds $600,000, funds for that 

design must be specifically authorized by law. 

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND 

CONSTRUCTION ACTIVITIES. 

(a) AUTHORITY.—The Secretary of Energy may use any funds 

available to the Department of Energy pursuant to an authorization 

in this title, including funds authorized to be appropriated for 

advance planning, engineering, and construction design, and for 

plant projects, under sections 3101, 3102, 3103, and 3104 to perform 

planning, design, and construction activities for any Department 

of Energy national security program construction project that, as 

determined by the Secretary, must proceed expeditiously in order 

to protect public health and safety, to meet the needs of national 

defense, or to protect property. 

(b) LIMITATION.—The Secretary may not exercise the authority 

under subsection (a) in the case of any construction project until 

the Secretary has submitted to the congressional defense committees a report on the activities that the Secretary intends to carry 

out under this section and the circumstances making those activities 

necessary. 

(c) SPECIFIC AUTHORITY.—The requirement of section 3125(b)(2) 

does not apply to emergency planning, design, and construction 

activities conducted under this section. 

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY. 

Subject to the provisions of appropriation Acts and section 

3121, amounts appropriated pursuant to this title for management 

and support activities and for general plant projects are available 

for use, when necessary, in connection with all national security 

programs of the Department of Energy. 

SEC. 3128. AVAILABILITY OF FUNDS. 

(a) IN GENERAL.—Except as provided in subsection (b), when 

so specified in an appropriations Act, amounts appropriated for 

operation and maintenance or for plant projects may remain available until expended. 

(b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—Amounts 

appropriated for program direction pursuant to an authorization 

115 STAT. 1364 PUBLIC LAW 107–107—DEC. 28, 2001
 

of appropriations in subtitle A shall remain available to be expended 

only until the end of fiscal year 2003. 

SEC. 3129. TRANSFER OF DEFENSE ENVIRONMENTAL MANAGEMENT 

FUNDS. 

(a) TRANSFER AUTHORITY FOR DEFENSE ENVIRONMENTAL 

MANAGEMENT FUNDS.—The Secretary of Energy shall provide the 

manager of each field office of the Department of Energy with 

the authority to transfer defense environmental management funds 

from a program or project under the jurisdiction of that office 

to another such program or project. 

(b) LIMITATIONS.—(1) Not more than three transfers may be 

made to or from any program or project under subsection (a) in 

a fiscal year. 

(2) The amount transferred to or from a program or project 

in any one transfer under subsection (a) may not exceed $5,000,000. 

(3) A transfer may not be carried out by a manager of a 

field office under subsection (a) unless the manager determines 

that the transfer is necessary— 

(A) to address a risk to health, safety, or the environment; 

or 

(B) to assure the most efficient use of defense environmental management funds at the field office. 

(4) Funds transferred pursuant to subsection (a) may not be 

used for an item for which Congress has specifically denied funds 

or for a new program or project that has not been authorized 

by Congress. 

(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The 

requirements of section 3121 shall not apply to transfers of funds 

pursuant to subsection (a). 

(d) NOTIFICATION.—The Secretary, acting through the Assistant 

Secretary of Energy for Environmental Management, shall notify 

Congress of any transfer of funds pursuant to subsection (a) not 

later than 30 days after such transfer occurs. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘program or project’’ means, with respect 

to a field office of the Department of Energy, any of the following: 

(A) A program referred to or a project listed in paragraph (2) or (3) of section 3102(a). 

(B) A program or project not described in subparagraph 

(A) that is for environmental restoration or waste management activities necessary for national security programs 

of the Department, that is being carried out by that office, 

and for which defense environmental management funds 

have been authorized and appropriated before the date 

of the enactment of this Act. 

(2) The term ‘‘defense environmental management funds’’ 

means funds appropriated to the Department of Energy pursuant to an authorization for carrying out environmental restoration and waste management activities necessary for national 

security programs. 

(f) DURATION OF AUTHORITY.—The managers of the field offices 

of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 2001, and 

ending on September 30, 2002. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1365
 

SEC. 3130. TRANSFER OF WEAPONS ACTIVITIES FUNDS. 

(a) TRANSFER AUTHORITY FOR WEAPONS ACTIVITIES FUNDS.— 

The Secretary of Energy shall provide the manager of each field 

office of the Department of Energy with the authority to transfer 

weapons activities funds from a program or project under the jurisdiction of that office to another such program or project. 

(b) LIMITATIONS.—(1) Not more than one transfer may be made 

to or from any program or project under subsection (a) in a fiscal 

year. 

(2) The amount transferred to or from a program or project 

in any one transfer under subsection (a) may not exceed $5,000,000. 

(3) A transfer may not be carried out by a manager of a 

field office under subsection (a) unless the manager determines 

that the transfer— 

(A) is necessary to address a risk to health, safety, or 

the environment; or 

(B) will result in cost savings and efficiencies. 

(4) A transfer may not be carried out by a manager of a 

field office under subsection (a) to cover a cost overrun or scheduling 

delay for any program or project. 

(5) Funds transferred pursuant to subsection (a) may not be 

used for an item for which Congress has specifically denied funds 

or for a new program or project that has not been authorized 

by Congress. 

(c) EXEMPTION FROM REPROGRAMMING REQUIREMENTS.—The 

requirements of section 3121 shall not apply to transfers of funds 

pursuant to subsection (a). 

(d) NOTIFICATION.—The Secretary, acting through the Administrator for Nuclear Security, shall notify Congress of any transfer 

of funds pursuant to subsection (a) not later than 30 days after 

such transfer occurs. 

(e) DEFINITIONS.—In this section: 

(1) The term ‘‘program or project’’ means, with respect 

to a field office of the Department of Energy, any of the following: 

(A) A program referred to or a project listed in section 

3101(1). 

(B) A program or project not described in subparagraph 

(A) that is for weapons activities necessary for national 

security programs of the Department, that is being carried 

out by that office, and for which weapons activities funds 

have been authorized and appropriated before the date 

of the enactment of this Act. 

(2) The term ‘‘weapons activities funds’’ means funds appropriated to the Department of Energy pursuant to an authorization for carrying out weapons activities necessary for national 

security programs. 

(f) DURATION OF AUTHORITY.—The managers of the field offices 

of the Department may exercise the authority provided under subsection (a) during the period beginning on October 1, 2001, and 

ending on September 30, 2002. 

115 STAT. 1366 PUBLIC LAW 107–107—DEC. 28, 2001
 

Subtitle C—Program Authorizations, 

Restrictions, and Limitations 

SEC. 3131. CONSOLIDATION OF NUCLEAR CITIES INITIATIVE PROGRAM WITH INITIATIVES FOR PROLIFERATION PREVENTION PROGRAM. 

The Administrator for Nuclear Security shall consolidate the 

Nuclear Cities Initiative program with the Initiatives for Proliferation Prevention program under a single management line. 

SEC. 3132. NUCLEAR CITIES INITIATIVE. 

(a) LIMITATIONS ON USE OF FUNDS.—No funds authorized to 

be appropriated for the Nuclear Cities Initiative after fiscal year 

2001 may be obligated or expended with respect to more than 

three nuclear cities, or more than two serial production facilities 

in Russia, until 30 days after the Administrator for Nuclear Security 

submits to the appropriate congressional committees an agreement 

signed by the Russian Federation on access under the Nuclear 

Cities Initiative to the ten closed nuclear cities and four serial 

production facilities of the Nuclear Cities Initiative. 

Deadline.	 (b) ANNUAL REPORT.—(1) Not later than the first Monday in 

February each year, the Administrator shall submit to the appropriate congressional committees a report on financial and programmatic activities with respect to the Nuclear Cities Initiative 

during the preceding fiscal year. 

(2) Each report shall include, for the fiscal year covered by 

such report, the following: 

(A) A list of each project that is or was completed, ongoing, 

or planned under the Nuclear Cities Initiative during such 

fiscal year. 

(B) For each project listed under subparagraph (A), 

information, current as of the end of such fiscal year, on the 

following: 

(i) The purpose of such project. 

(ii) The budget for such project. 

(iii) The life-cycle costs of such project. 

(iv) Participants in such project. 

(v) The commercial viability of such project. 

(vi) The number of jobs in Russia created or to be 

created by or through such project. 

(vii) Of the total amount of funds spent on such project, 

the percentage of such amount spent in the United States 

and the percentage of such amount spent overseas. 

(C) A certification by the Administrator that each project 

listed under subparagraph (A) did contribute, is contributing, 

or will contribute, as the case may be, to the downsizing of 

the nuclear weapons complex in Russia, together with a description of the evidence utilized to make such certification. 

(c) DEFINITIONS.—In this section: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means the Committee 

on Armed Services of the Senate and the Committee on Armed 

Services of the House of Representatives. 

(2) NUCLEAR CITIES INITIATIVE.—The term ‘‘Nuclear Cities 

Initiative’’ means the initiative arising pursuant to the March 

1998 discussion between the Vice President of the United States 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1367
 

and the Prime Minister of the Russian Federation and between 

the Secretary of Energy of the United States and the Minister 

of Atomic Energy of the Russian Federation. 

(3) NUCLEAR CITY.—The term ‘‘nuclear city’’ means any 

of the nuclear cities within the complex of the Russia Ministry 

of Atomic Energy (MINATOM) as follows: 

(A) Sarov (Arzamas–16 and Avangard). 

(B) Zarechnyy (Penza–19). 

(C) Novoural’sk (Sverdlovsk–44). 

(D) Lesnoy (Sverdlovsk–45). 

(E) Ozersk (Chelyabinsk–65). 

(F) Snezhinsk (Chelyabinsk–70). 

(G) Trechgornyy (Zlatoust–36). 

(H) Seversk (Tomsk–7). 

(I) Zhelenznogorsk (Krasnoyarsk–26). 

(J) Zelenogorsk (Krasnoyarsk–45). 

SEC. 3133. LIMITATION ON AVAILABILITY OF FUNDS FOR WEAPONS 

ACTIVITIES FOR FACILITIES AND INFRASTRUCTURE. 

Not more than 50 percent of the funds authorized to be appropriated by section 3101(a)(1)(D) for the National Nuclear Security 

Administration for weapons activities for facilities and infrastructure may be obligated or expended until the Administrator for 

Nuclear Security submits to the congressional defense committees 

a report setting forth the following: 

(1) Criteria for the selection of projects to be carried out 

using such funds. 

(2) Criteria for establishing priorities among projects so 

selected. 

(3) A list of the projects so selected, including the priority 

assigned to each such project. 

SEC. 3134. LIMITATION ON AVAILABILITY OF FUNDS FOR OTHER 

DEFENSE ACTIVITIES FOR NATIONAL SECURITY PROGRAMS ADMINISTRATIVE SUPPORT. 

Not more than $5,000,000 of the funds authorized to be appropriated by section 3103(a)(8) for other defense activities for national 

security programs administrative support may be obligated or 

expended until the latest of the following: 

(1) The date on which the Secretary of Energy submits 

to Congress a report setting forth the purposes for which the 

Secretary plans to obligate and expend such funds. 

(2) The date on which the Administrator for Nuclear Security submits to Congress the future-years nuclear security program for fiscal year 2002 required by section 3253 of the 

National Nuclear Security Administration Act (title XXXII of 

Public Law 106–65; 50 U.S.C. 2453). 

(3) The date on which the Secretary of Energy submits 

to Congress the report on the feasibility of using an energy 

savings performance contract mechanism to offset, or possibly 

cover, the cost of a new office building for the Albuquerque 

operations office of the Department of Energy, as completed 

by the Secretary in accordance with the directive contained 

in Senate Report 106–50 (the report of the Committee on Armed 

Services of the Senate to accompany the bill S. 1059 of the 

One Hundred Sixth Congress, relating to the National Defense 

Authorization Act for Fiscal Year 2000; p. 470). 

115 STAT. 1368 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

SEC. 3135. TERMINATION DATE OF OFFICE OF RIVER PROTECTION, 

RICHLAND, WASHINGTON. 

Subsection (f) of section 3139 of the Strom Thurmond National 

Defense Authorization Act for Fiscal Year 1999 (Public Law 105– 

261; 112 Stat. 2250), as amended by section 3141 of the Floyd 

D. Spence National Defense Authorization Act for Fiscal Year 2001 

(as enacted into law by Public Law 106–398; 114 Stat. 1654A– 

462), is amended to read as follows: 

‘‘(f) TERMINATION.—(1) The Office shall terminate on the later 

to occur of the following dates: 

‘‘(A) September 30, 2010. 

‘‘(B) The date on which the Assistant Secretary of Energy 

for Environmental Management determines, in consultation 

with the head of the Office, that continuation of the Office 

is no longer necessary to carry out the responsibilities of the 

Department of Energy under the Tri-Party Agreement. 

‘‘(2) The Assistant Secretary shall notify, in writing, the committees referred to in subsection (d) of a determination under paragraph (1). 

‘‘(3) In this subsection, the term ‘Tri-Party Agreement’ means 

the Hanford Federal Facility Agreement and Consent Order entered 

into among the Department of Energy, the Environmental Protection Agency, and the State of Washington Department of Ecology.’’. 

SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF 

LOS ALAMOS NATIONAL LABORATORY, NEW MEXICO. 

(a) SUPPORT FOR FISCAL 2002.—From amounts appropriated 

or otherwise made available to the Secretary of Energy by this 

title— 

(1) $6,900,000 shall be available for payment by the Secretary for fiscal year 2002 to the Los Alamos National Laboratory Foundation, a not-for-profit foundation chartered in accordance with section 3167(a) of the National Defense Authorization 

Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 2052); 

and 

(2) $8,000,000 shall be available for extension of the contract between the Department of Energy and the Los Alamos 

Public Schools through fiscal year 2002. 

(b) SUPPORT FOR FISCAL 2003.—Subject to the availability of 

appropriations, the Secretary is authorized to— 

(1) make payment for fiscal year 2003 similar to the payment referred to in subsection (a)(1); and 

(2) provide for a contract extension through fiscal year 

2003 similar to the contract extension referred to in subsection 

(a)(2). 

(c) USE OF FUNDS.—The foundation referred to in subsection 

(a)(1) shall— 

(1) utilize funds provided under this section as a contribution to the endowment fund for the foundation; and 

(2) use the income generated from investments in the 

endowment fund that are attributable to payments made under 

this section to fund programs to support the educational needs 

of children in public schools in the vicinity of Los Alamos 

National Laboratory. 

(d) REPORT.—Not later than March 1, 2002, the Secretary shall 

submit to the congressional defense committees a report setting 

forth the following: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1369
 

(1) An evaluation of the requirements for continued payments beyond fiscal year 2003 into the endowment fund of 

the foundation referred to in subsection (a) to enable the 

foundation to meet the goals of the Department to support 

the recruitment and retention of staff at the Los Alamos 

National Laboratory. 

(2) The Secretary’s recommendations for any further support beyond fiscal year 2003 directly to the Los Alamos Public 

Schools. 

SEC. 3137. REPORTS ON ACHIEVEMENT OF MILESTONES FOR 

NATIONAL IGNITION FACILITY. 

(a) NOTIFICATION OF ACHIEVEMENT.—The Administrator for 

Nuclear Security shall notify the congressional defense committees 

when the National Ignition Facility (NIF), Lawrence Livermore 

National Laboratory, Livermore, California, achieves each Level 

I milestone and Level II milestone for the National Ignition Facility. 

(b) REPORT ON FAILURE OF TIMELY ACHIEVEMENT.—Not later 

than 10 days after the date on which the National Ignition Facility 

fails to achieve a Level I milestone or Level II milestone for the 

National Ignition Facility in a timely manner, the Administrator 

shall submit to the congressional defense committees a report on 

such failure. Each such report shall include— 

(1) a statement of the failure of the National Ignition 

Facility to achieve the milestone concerned in a timely manner; 

(2) an explanation for the failure; and 

(3) either— 

(A) an estimate when that milestone will be achieved; 

or 

(B) if that milestone will not be achieved— 

(i) a statement that that milestone will not be 

achieved; 

(ii) an explanation why that milestone will not 

be achieved; and 

(iii) the implications for the overall scope, schedule, 

and budget of the National Ignition Facility project 

of not achieving that milestone. 

(c) MILESTONES.—For purposes of this section, the Level I milestones and Level II milestones for the National Ignition Facility 

are as established in the August 2000 revised National Ignition 

Facility baseline document. 

(d) TERMINATION.—The requirements of this section shall terminate on September 30, 2004. 

Subtitle D—Matters Relating to Management of the National Nuclear Security 

Administration 

SEC. 3141. ESTABLISHMENT OF PRINCIPAL DEPUTY ADMINISTRATOR 

OF NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) ESTABLISHMENT.—Subtitle A of the National Nuclear Security Administration Act (title XXXII of Public Law 106–65; 50 

U.S.C. 2401 et seq.) is amended— 

115 STAT. 1370 PUBLIC LAW 107–107—DEC. 28, 2001
 

50 USC 2403, 

2410. 

50 USC 2403. 

(1) by redesignating section 3213 as section 3220 and 

transferring such section, as so redesignated, to the end of 

that subtitle; and 

(2) by inserting after section 3212 the following new section 

3213: 

‘‘SEC. 3213. PRINCIPAL DEPUTY ADMINISTRATOR FOR NUCLEAR 

SECURITY. 

‘‘(a) IN GENERAL.—(1) There is in the Administration a Principal 

Deputy Administrator, who is appointed by the President, by and 

with the advice and consent of the Senate. 

‘‘(2) The Principal Deputy Administrator shall be appointed 

from among persons who have extensive background in organizational management and are well qualified to manage the nuclear 

weapons, nonproliferation, and materials disposition programs of 

the Administration in a manner that advances and protects the 

national security of the United States. 

‘‘(b) DUTIES.—Subject to the authority, direction, and control 

of the Administrator, the Principal Deputy Administrator shall 

perform such duties and exercise such powers as the Administrator 

may prescribe, including the coordination of activities among the 

elements of the Administration. The Principal Deputy Administrator shall act for, and exercise the powers of, the Administrator 

when the Administrator is disabled or the position of Administrator 

is vacant.’’. 

(b) PAY LEVEL.—Section 5315 of title 5, United States Code, 

is amended— 

(1) by inserting before the item relating to Deputy Administrators of the National Nuclear Security Administration the 

following new item: 

‘‘Principal Deputy Administrator, National Nuclear Security Administration.’’; and 

(2) by inserting ‘‘Additional’’ before ‘‘Deputy Administrators 

of the National Nuclear Security Administration’’. 

(c) CLERICAL AMENDMENTS.—The table of contents preceding 

section 3201 of such Act is amended— 

(1) by striking the item relating to section 3213 and 

inserting the following: 

‘‘Sec. 3213. Principal Deputy Administrator for National Security.’’; 

and 

(2) by inserting after the item relating to section 3218 

the following new items: 

‘‘Sec. 3219. Scope of authority of Secretary of Energy to modify organization of Administration. 

‘‘Sec. 3220. Status of Administration and contractor personnel within Department 

of Energy.’’. 

SEC. 3142. ELIMINATION OF REQUIREMENT THAT NATIONAL SECURITY LABORATORIES AND NUCLEAR WEAPONS PRODUCTION FACILITIES REPORT TO DEPUTY ADMINISTRATOR 

FOR DEFENSE PROGRAMS. 

Section 3214 of the National Nuclear Security Administration 

Act (title XXXII of Public Law 106–65; 113 Stat. 959; 50 U.S.C. 

2404) is amended by striking subsection (c). 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1371
 

SEC. 3143. REPEAL OF DUPLICATIVE PROVISION RELATING TO DUAL 

OFFICE HOLDING BY PERSONNEL OF NATIONAL NUCLEAR 

SECURITY ADMINISTRATION. 

Section 3245 of the National Nuclear Security Administration 

Act (50 U.S.C. 2443), as added by section 315 of the Energy and 

Water Development Appropriations Act, 2001 (as enacted into law 

by Public Law 106–377; 114 Stat. 1441B–23), is repealed. 

SEC. 3144. REPORT ON ADEQUACY OF FEDERAL PAY AND HIRING 

AUTHORITIES TO MEET PERSONNEL REQUIREMENTS OF 

NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) REPORT REQUIRED.—Not later than March 1, 2002, the Deadline. 

Administrator for Nuclear Security shall submit to the congressional 

committees specified in subsection (b) a report on the adequacy 

of Federal pay and hiring authorities to meet the personnel requirements of the National Nuclear Security Administration. The report 

shall include the following: 

(1) A description of the Federal pay and hiring authorities
 

available to the Administrator.
 

(2) A description of the Federal pay and hiring authorities
 

that are not available to the Administrator, and an explanation
 

why such authorities are not available.
 

(3) If any Federal pay and hiring authorities referred to
 

in paragraph (1) are not being used, an explanation why such
 

authorities are not being used.
 

(4) An assessment of whether or not existing Federal pay
 

and hiring authorities are adequate or inadequate to meet
 

the personnel requirements of the Administration.
 

(5) Any recommendations that the Administrator considers
 

appropriate for modifications or enhancements of existing Federal pay and hiring authorities in order to meet the personnel
 

requirements of the Administration.
 

(6) Any recommendations that the Administrator considers
 

appropriate for new Federal pay and hiring authorities in order
 

to meet the personnel requirements of the Administration.
 

(7) A plan for structuring the pay and hiring authorities
 

with respect to the Federal workforce of the Administration
 

so to ensure that such workforce meets applicable requirements
 

of the most current five-year program plan for the Administration.
 

(b) SPECIFIED COMMITTEES.—The congressional committees 

referred to in subsection (a) are the following: 

(1) The Committee on Armed Services and the Committee
 

on Governmental Affairs of the Senate.
 

(2) The Committee on Armed Services and the Committee
 

on Government Reform of the House of Representatives.
 

Subtitle E—Other Matters 

SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL 

ILLNESS COMPENSATION PROGRAM. 

(a) AMENDMENTS TO ENERGY EMPLOYEES PROGRAM.—The 

Energy Employees Occupational Illness Compensation Program Act 

of 2000 (title XXXVI of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

115 STAT. 1372 PUBLIC LAW 107–107—DEC. 28, 2001
 

Public Law 106–398; 114 Stat. 1654A–394); 42 U.S.C. 7384 et 

seq.) is amended as follows: 

(1) CERTAIN LEUKEMIA AS SPECIFIED CANCER.—Section 

3621(17) (114 Stat. 1654A–502; 42 U.S.C. 7384l(17)), as 

amended by section 2403 of the Supplemental Appropriations 

Act, 2001 (Public Law 107–20; 115 Stat. 175), is further 

amended by adding at the end the following new subparagraph: ‘‘(D) Leukemia (other than chronic lymphocytic leukemia), if initial occupational exposure occurred before 21 

years of age and onset occurred more than two years after 

initial occupational exposure.’’. (2) ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.— Section 3626(b) (114 Stat. 1654A–505; 42 U.S.C. 7384q(b)) is 

amended in the matter preceding paragraph (1) by inserting 

after ‘‘Department of Energy facility’’ the following: ‘‘, or at 

an atomic weapons employer facility,’’. (3) ESTABLISHMENT OF CHRONIC SILICOSIS.—Section 

3627(e)(2)(A) (114 Stat. 1654A–506; 42 U.S.C. 7384r(e)(2)(A)) 

is amended by striking ‘‘category 1/1’’ and inserting ‘‘category 

1/0’’. 

(4) SURVIVORS.— 

(A) Section 3628(e) (114 Stat. 1654A–506; 42 U.S.C. 

7384s(e)) is amended to read as follows: 

‘‘(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In 

the case of a covered employee who is deceased at the time of 

payment of compensation under this section, whether or not the 

death is the result of the covered employee’s occupational illness, 

such payment may be made only as follows: 

‘‘(A) If the covered employee is survived by a spouse who 

is living at the time of payment, such payment shall be made 

to such surviving spouse. 

‘‘(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to 

all children of the covered employee who are living at the 

time of payment. ‘‘(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to 

the parents of the covered employee who are living at the 

time of payment. 

‘‘(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of 

the covered employee who are living at the time of payment. 

‘‘(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment 

shall be made in equal shares to the grandparents of the 

covered employee who are living at the time of payment. 

‘‘(F) Notwithstanding the other provisions of this paragraph, if there is— 

‘‘(i) a surviving spouse described in subparagraph (A); 

and 

‘‘(ii) at least one child of the covered employee who 

is living and a minor at the time of payment and who 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1373
 

is not a recognized natural child or adopted child of such 

surviving spouse, 

then half of such payment shall be made to such surviving 

spouse, and the other half of such payment shall be made 

in equal shares to each child of the covered employee who 

is living and a minor at the time of payment. 

‘‘(2) If a covered employee eligible for payment dies before 

filing a claim under this title, a survivor of that employee who 

may receive payment under paragraph (1) may file a claim for 

such payment. 

‘‘(3) For purposes of this subsection— 

‘‘(A) the ‘spouse’ of an individual is a wife or husband 

of that individual who was married to that individual for at 

least one year immediately before the death of that individual; 

‘‘(B) a ‘child’ includes a recognized natural child, a stepchild 

who lived with an individual in a regular parent-child relationship, and an adopted child; 

‘‘(C) a ‘parent’ includes fathers and mothers through adoption; 

‘‘(D) a ‘grandchild’ of an individual is a child of a child 

of that individual; and 

‘‘(E) a ‘grandparent’ of an individual is a parent of a parent 

of that individual.’’. 

(B) Section 3630(e) (114 Stat. 1654A–507; 42 U.S.C. 

7384u(e)) is amended to read as follows: 

‘‘(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In 

the case of a covered employee who is deceased at the time of 

payment of compensation under this section, whether or not the 

death is the result of the covered employee’s occupational illness, 

such payment may be made only as follows: 

‘‘(A) If the covered employee is survived by a spouse who 

is living at the time of payment, such payment shall be made 

to such surviving spouse. 

‘‘(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to 

all children of the covered employee who are living at the 

time of payment. 

‘‘(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to 

the parents of the covered employee who are living at the 

time of payment. 

‘‘(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of 

the covered employee who are living at the time of payment. 

‘‘(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment 

shall be made in equal shares to the grandparents of the 

covered employee who are living at the time of payment. 

‘‘(F) Notwithstanding the other provisions of this paragraph, if there is— 

‘‘(i) a surviving spouse described in subparagraph (A); 

and 

115 STAT. 1374 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(ii) at least one child of the covered employee who 

is living and a minor at the time of payment and who 

is not a recognized natural child or adopted child of such 

surviving spouse, 

then half of such payment shall be made to such surviving 

spouse, and the other half of such payment shall be made 

in equal shares to each child of the covered employee who 

is living and a minor at the time of payment. 

‘‘(2) If a covered employee eligible for payment dies before 

filing a claim under this title, a survivor of that employee who 

may receive payment under paragraph (1) may file a claim for 

such payment. 

‘‘(3) For purposes of this subsection— 

‘‘(A) the ‘spouse’ of an individual is a wife or husband 

of that individual who was married to that individual for at 

least one year immediately before the death of that individual; 

‘‘(B) a ‘child’ includes a recognized natural child, a stepchild 

who lived with an individual in a regular parent-child relationship, and an adopted child; 

‘‘(C) a ‘parent’ includes fathers and mothers through adoption; 

‘‘(D) a ‘grandchild’ of an individual is a child of a child 

of that individual; and 

‘‘(E) a ‘grandparent’ of an individual is a parent of a parent 

of that individual.’’. 

(C) Paragraph (18) of section 3621 (114 Stat. 1654A– 

502; 42 U.S.C. 7384l) is repealed. 

Effective date. (D) The amendments made by this paragraph shall

42 USC 7384l take effect on July 1, 2001. note. (5) ELECTION OF REMEDIES.—Section 3645 (114 Stat. 

1654A–510; 42 U.S.C. 7385d) is amended by amending subsections (a) through (d) to read as follows: 

‘‘(a) EFFECT OF TORT CASES FILED BEFORE ENACTMENT OF 

ORIGINAL LAW.—(1) Except as provided in paragraph (2), if an 

otherwise eligible individual filed a tort case specified in subsection 

(d) before October 30, 2000, such individual shall be eligible for 

compensation and benefits under subtitle B. 

‘‘(2) If such tort case remained pending as of the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2002, and such individual does not dismiss such tort case 

before December 31, 2003, such individual shall not be eligible 

for such compensation or benefits. 

‘‘(b) EFFECT OF TORT CASES FILED BETWEEN ENACTMENT OF 

ORIGINAL LAW AND ENACTMENT OF 2001 AMENDMENTS.—(1) Except 

as provided in paragraph (2), if an otherwise eligible individual 

filed a tort case specified in subsection (d) during the period beginning on October 30, 2000, and ending on the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2002, 

such individual shall not be eligible for such compensation or benefits. 

‘‘(2) If such individual dismisses such tort case on or before 

the last permissible date specified in paragraph (3), such individual 

shall be eligible for such compensation or benefits. 

‘‘(3) The last permissible date referred to in paragraph (2) 

is the later of the following dates: 

‘‘(A) April 30, 2003. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1375
 

‘‘(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle
 

B of a covered employee may be connected to the exposure
 

of the covered employee in the performance of duty under
 

section 3623.
 

‘‘(c) EFFECT OF TORT CASES FILED AFTER ENACTMENT OF 2001
 

AMENDMENTS.—(1) If an otherwise eligible individual files a tort 

case specified in subsection (d) after the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2002, 

such individual shall not be eligible for such compensation or benefits if a final court decision is entered against such individual 

in such tort case. ‘‘(2) If such a final court decision is not entered, such individual 

shall nonetheless not be eligible for such compensation or benefits, 

except as follows: If such individual dismisses such tort case on 

or before the last permissible date specified in paragraph (3), such 

individual shall be eligible for such compensation and benefits. ‘‘(3) The last permissible date referred to in paragraph (2) 

is the later of the following dates: ‘‘(A) April 30, 2003. 

‘‘(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle
 

B of a covered employee may be connected to the exposure
 

of the covered employee in the performance of duty under
 

section 3623.
 

‘‘(d) COVERED TORT CASES.—A tort case specified in this subsection is a tort case alleging a claim referred to in section 3643 

against a beryllium vendor or atomic weapons employer.’’. 

(6) ATTORNEY FEES.—Section 3648 (114 Stat. 1654A–511;
 

42 U.S.C. 7385g) is amended—
 

(A) in subsection (a), by inserting after ‘‘the claim 

of an individual’’ the following: ‘‘for payment of lump-sum 

compensation’’; 

(B) in subsection (b)(1), by inserting after ‘‘initial claim’’ 

the following: ‘‘for payment of lump-sum compensation’’; 

(C) in subsection (b)(2), by striking ‘‘with respect to 

any claim’’ and all that follows through the period at the 

end and inserting ‘‘with respect to objections to a recommended decision denying payment of lump-sum compensation.’’; 

(D) by redesignating subsection (c) as subsection (d); 

and 

(E) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) INAPPLICABILITY TO OTHER SERVICES.—This section shall 

not apply with respect to services rendered that are not in connection with such a claim for payment of lump-sum compensation.’’. 

(b) STUDY OF RESIDUAL CONTAMINATION OF FACILITIES.—(1) 42 USC 7384 

The National Institute for Occupational Safety and Health shall, note. 

with the cooperation of the Department of Energy and the Department of Labor, carry out a study on the following matters: 

(A) Whether or not significant contamination remained in
 

any atomic weapons employer facility or facility of a beryllium
 

vendor after such facility discontinued activities relating to
 

the production of nuclear weapons.
 

(B) If so, whether or not such contamination could have
 

caused or substantially contributed to the cancer of a covered
 

115 STAT. 1376 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

42 USC 7383h–1. 

Regulations. 

Deadline. 

employee with cancer or a covered beryllium illness, as the 

case may be. 

(2)(A) The National Institute for Occupational Safety and 

Health shall submit to the applicable congressional committees 

the following reports: 

(i) Not later than 180 days after the date of the enactment 

of this Act, a report on the progress made as of the date 

of the report on the study required by paragraph (1). 

(ii) Not later than one year after the date of the enactment 

of this Act, a final report on the study required by paragraph 

(1). 

(B) In this paragraph, the term ‘‘applicable congressional 

committees’’ means— 

(i) the Committee on Armed Services, Committee on Appropriations, Committee on the Judiciary, and Committee on 

Health, Education, Labor, and Pensions of the Senate; and 

(ii) the Committee on Armed Services, Committee on Appropriations, Committee on the Judiciary, and Committee on Education and the Workforce of the House of Representatives. 

(3) Amounts for the study under paragraph (1) shall be derived 

from amounts authorized to be appropriated by section 3614(a) 

of the Energy Employees Occupational Illness Compensation Program Act of 2000 (114 Stat. 1654A–498). 

(4) In this subsection: 

(A) The terms ‘‘atomic weapons employer facility’’, ‘‘beryllium vendor’’, ‘‘covered employee with cancer’’, and ‘‘covered 

beryllium illness’’ have the meanings given those terms in 

section 3621 of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 (114 Stat. 1654A–498; 42 

U.S.C. 7384l). 

(B) The term ‘‘contamination’’ means the presence of any— 

(i) material that emitted radiation and was used in 

the production of an atomic weapon, excluding uranium 

mining and milling; or 

(ii) beryllium dust, particles, or vapor, 

exposure to which could cause or substantially contribute to 

the cancer of a covered employee with cancer or a covered 

beryllium illness, as the case may be. 

SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM. 

(a) NEW COUNTERINTELLIGENCE POLYGRAPH PROGRAM 

REQUIRED.—The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the 

new program is to minimize the potential for release or disclosure 

of classified data, materials, or information. 

(b) AUTHORITIES AND LIMITATIONS.—(1) The Secretary shall 

prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions 

of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedures Act). 

(2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review. 

(3) Not later than six months after obtaining the results of 

the Polygraph Review, the Secretary shall issue a notice of proposed 

rulemaking for the new program. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1377
 

(c) REPEAL OF EXISTING POLYGRAPH PROGRAM.—Effective 30 

days after the Secretary submits to the congressional defense 

committees the Secretary’s certification that the final rule for the 

new counterintelligence polygraph program required by subsection 

(a) has been fully implemented, section 3154 of the Department 

of Energy Facilities Safeguards, Security, and Counterintelligence 

Enhancement Act of 1999 (subtitle D of title XXXI of Public Law 

106–65; 42 U.S.C. 7383h) is repealed. 

(d) REPORT ON FURTHER ENHANCEMENT OF PERSONNEL SECU­ RITY PROGRAM.—(1) Not later than January 1, 2003, the Administrator for Nuclear Security shall submit to Congress a report setting 

forth the recommendations of the Administrator for any legislative 

action that the Administrator considers appropriate in order to 

enhance the personnel security program of the Department of 

Energy. 

(2) Any recommendations under paragraph (1) regarding the 

use of polygraphs shall take into account the results of the Polygraph Review. 

(e) POLYGRAPH REVIEW DEFINED.—In this section, the term 

‘‘Polygraph Review’’ means the review of the Committee to Review 

the Scientific Evidence on the Polygraph of the National Academy 

of Sciences. 

SEC. 3153. ONE-YEAR EXTENSION OF AUTHORITY OF DEPARTMENT OF 

ENERGY TO PAY VOLUNTARY SEPARATION INCENTIVE 

PAYMENTS. 

(a) IN GENERAL.—Section 3161(a) of the National Defense 

Authorization Act for Fiscal Year 2000 (Public Law 106–65; 113 

Stat. 942; 5 U.S.C. 5597 note) is amended by striking ‘‘January 

1, 2003’’ and inserting ‘‘January 1, 2004’’. (b) CONSTRUCTION.—The amendment made by subsection (a) 

may be superseded by another provision of law that takes effect 

after the date of the enactment of this Act, and before January 

1, 2004, establishing a uniform system for providing voluntary 

separation incentives (including a system for requiring approval 

of plans by the Office of Management and Budget) for employees 

of the Federal Government. 

SEC. 3154. ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY 

OF DEPARTMENT OF ENERGY FACILITIES TO TERRORIST 

ATTACK. 

(a) IN GENERAL.—Part C of title VI of the Department of 

Energy Organization Act (42 U.S.C. 7251 et seq.) is amended by 

adding at the end the following new section: 

‘‘ANNUAL ASSESSMENT AND REPORT ON VULNERABILITY OF FACILITIES 

TO TERRORIST ATTACK 

‘‘SEC. 663. (a) The Secretary shall, on an annual basis, conduct 

a comprehensive assessment of the vulnerability of Department 

facilities to terrorist attack. 

‘‘(b) Not later than January 31 each year, the Secretary shall 

submit to Congress a report on the assessment conducted under 

subsection (a) during the preceding year. Each report shall include 

the results of the assessment covered by such report, together 

with such findings and recommendations as the Secretary considers 

appropriate.’’. 

Effective date. 

42 USC 7383h. 

Deadline. 

5 USC 5597 note. 

42 USC 7270c. 

Deadline. 

115 STAT. 1378 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of that Act is amended by inserting after the item relating 

to section 662 the following new item: 

‘‘Sec. 663. Annual assessment and report on vulnerability of facilities to terrorist 

attack.’’. 

SEC. 3155. DISPOSITION OF SURPLUS DEFENSE PLUTONIUM AT 

SAVANNAH RIVER SITE, AIKEN, SOUTH CAROLINA. 

(a) CONSULTATION REQUIRED.—The Secretary of Energy shall 

consult with the Governor of the State of South Carolina regarding 

any decisions or plans of the Secretary related to the disposition 

of surplus defense plutonium and defense plutonium materials 

located at the Savannah River Site, Aiken, South Carolina. 

(b) NOTICE REQUIRED.—For each shipment of defense plutonium 

or defense plutonium materials to the Savannah River Site, the 

Secretary shall, not less than 30 days before the commencement 

of such shipment, submit to the congressional defense committees 

a report providing notice of such shipment. 

(c) PLAN FOR DISPOSITION.—The Secretary shall prepare a plan 

for disposal of the surplus defense plutonium and defense plutonium 

materials currently located at the Savannah River Site and for 

disposal of defense plutonium and defense plutonium materials 

to be shipped to the Savannah River Site in the future. The plan 

shall include the following: 

(1) A review of each option considered for such disposal. 

(2) An identification of the preferred option for such disposal. 

(3) With respect to the facilities for such disposal that 

are required by the Department of Energy’s Record of Decision 

for the Storage and Disposition of Weapons-Usable Fissile Materials Final Programmatic Environmental Impact Statement 

dated January 14, 1997— 

(A) a statement of the cost of construction and operation of such facilities; 

(B) a schedule for the expeditious construction of such 

facilities, including milestones; and 

(C) a firm schedule for funding the cost of such facilities. 

(4) A specification of the means by which all such defense 

plutonium and defense plutonium materials will be removed 

in a timely manner from the Savannah River Site for storage 

or disposal elsewhere. 

(d) PLAN FOR ALTERNATIVE DISPOSITION.—If the Secretary 

determines not to proceed at the Savannah River Site with construction of the plutonium immobilization plant, or with the mixed 

oxide fuel fabrication facility, the Secretary shall prepare a plan 

that identifies a disposition path for all defense plutonium and 

defense plutonium materials that would otherwise have been disposed of at such plant or such facility, as applicable. 

(e) SUBMISSION OF PLANS.—Not later than February 1, 2002, 

the Secretary shall submit to Congress the plan required by subsection (c) (and the plan prepared under subsection (d), if 

applicable). 

(f) LIMITATION ON PLUTONIUM SHIPMENTS.—If the Secretary 

does not submit to Congress the plan required by subsection (c) 

(and the plan prepared under subsection (d), if applicable) by February 1, 2002, the Secretary shall be prohibited from shipping 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1379
 

defense plutonium or defense plutonium materials to the Savannah 

River Site during the period beginning on February 1, 2002, and 

ending on the date on which such plans are submitted to Congress. 

(g) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed to prohibit or limit the Secretary from shipping defense 

plutonium or defense plutonium materials to sites other than the 

Savannah River Site during the period referred to in subsection 

(f) or any other period. 

(h) ANNUAL REPORT ON FUNDING FOR FISSILE MATERIALS DIS­ POSITION ACTIVITIES.—The Secretary shall include with the budget 

justification materials submitted to Congress in support of the 

Department of Energy budget for each fiscal year (as submitted 

with the budget of the President under section 1105(a) of title 

31, United States Code) a report setting forth the extent to which 

amounts requested for the Department for such fiscal year for 

fissile materials disposition activities will enable the Department 

to meet commitments for the disposition of surplus defense plutonium and defense plutonium materials located at the Savannah 

River Site, and for any other fissile materials disposition activities, 

in such fiscal year. 

SEC. 3156. MODIFICATION OF DATE OF REPORT OF PANEL TO ASSESS 

THE RELIABILITY, SAFETY, AND SECURITY OF THE 

UNITED STATES NUCLEAR STOCKPILE. 

Section 3159(d) of the Strom Thurmond National Defense 

Authorization Act for Fiscal Year 1999 (Public Law 105–261; 42 

U.S.C. 2121 note) is amended by striking ‘‘of each year, beginning 

with 1999,’’ and inserting ‘‘of 1999 and 2000, and not later than 

February 1, 2002,’’. 

Subtitle F—Rocky Flats National Wildlife
 

Refuge
 

SEC. 3171. SHORT TITLE. 

This subtitle may be cited as the ‘‘Rocky Flats National Wildlife 

Refuge Act of 2001’’. 

SEC. 3172. FINDINGS AND PURPOSES. 

(a) FINDINGS.—Congress finds the following: 

(1) The Federal Government, through the Atomic Energy 

Commission, acquired the Rocky Flats site in 1951 and began 

operations there in 1952. The site remains a Department of 

Energy facility. Since 1992, the mission of the Rocky Flats 

site has changed from the production of nuclear weapons components to cleanup and closure in a manner that is safe, environmentally and socially responsible, physically secure, and costeffective. 

(2) The majority of the Rocky Flats site has generally 

remained undisturbed since its acquisition by the Federal 

Government. 

(3) The State of Colorado is experiencing increasing growth 

and development, especially in the metropolitan Denver Front 

Range area in the vicinity of the Rocky Flats site. That growth 

and development reduces the amount of open space and thereby 

diminishes for many metropolitan Denver communities the 

vistas of the striking Front Range mountain backdrop. 

Rocky Flats 

National Wildlife 

Refuge Act of 

2001. 

16 USC 668dd 

note. 

115 STAT. 1380
 PUBLIC LAW 107–107—DEC. 28, 2001 

(4) Some areas of the Rocky Flats site contain contamination and will require further response action. The national 

interest requires that the ongoing cleanup and closure of the 

entire site be completed safely, effectively, and without unnecessary delay and that the site thereafter be retained by the 

United States and managed so as to preserve the value of 

the site for open space and wildlife habitat. 

(5) The Rocky Flats site provides habitat for many wildlife 

species, including a number of threatened and endangered species, and is marked by the presence of rare xeric tallgrass 

prairie plant communities. Establishing the site as a unit of 

the National Wildlife Refuge System will promote the preservation and enhancement of those resources for present and future 

generations. 

(b) PURPOSES.—The purposes of this subtitle are— 

(1) to provide for the establishment of the Rocky Flats 

site as a national wildlife refuge following cleanup and closure 

of the site; 

(2) to create a process for public input on the management 

of the refuge referred to in paragraph (1) before transfer of 

administrative jurisdiction to the Secretary of the Interior; 

and 

(3) to ensure that the Rocky Flats site is thoroughly and 

completely cleaned up. 

SEC. 3173. DEFINITIONS. 

In this subtitle: 

(1) CERCLA.—The term ‘‘CERCLA’’ means the Comprehensive Environmental Response, Compensation, and Liability Act 

of 1980 (42 U.S.C. 9601 et seq.). 

(2) CLEANUP AND CLOSURE.—The term ‘‘cleanup and closure’’ means the response actions for covered substances carried 

out at Rocky Flats, as required by any of the following: 

(A) The RFCA. 

(B) CERCLA. 

(C) RCRA. 

(D) The Colorado Hazardous Waste Act, 25–15–101 

to 25–15–327, Colorado Revised Statutes. 

(3) COVERED SUBSTANCE.—The term ‘‘covered substance’’ 

means any of the following: 

(A) Any hazardous substance, as such term is defined 

in paragraph (14) of section 101 of CERCLA (42 U.S.C. 

9601). 

(B) Any pollutant or contaminant, as such term is 

defined in paragraph (33) of such section 101. 

(C) Any petroleum, including crude oil or any fraction 

thereof which is not otherwise specifically listed or designated as a hazardous substance under subparagraphs 

(A) through (F) of paragraph (14) of such section 101. 

(4) RCRA.—The term ‘‘RCRA’’ means the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), popularly known as the 

Resource Conservation and Recovery Act. 

(5) REFUGE.—The term ‘‘refuge’’ means the Rocky Flats 

National Wildlife Refuge established under section 3177. 

(6) RESPONSE ACTION.—The term ‘‘response action’’ means 

any of the following: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1381
 

(A) A response, as such term is defined in paragraph 

(25) of section 101 of CERCLA (42 U.S.C. 9601). 

(B) A corrective action under RCRA or under the Colorado Hazardous Waste Act, 25–15–101 to 25–15–327, Colorado Revised Statutes. 

(C) Any requirement for institutional controls imposed 

by any of the laws referred to in subparagraph (A) or 

(B). 

(7) RFCA.—The term ‘‘RFCA’’ means the Rocky Flats 

Cleanup Agreement, an intergovernmental agreement, dated 

July 19, 1996, among— 

(A) the Department of Energy; 

(B) the Environmental Protection Agency; and 

(C) the Department of Public Health and Environment 

of the State of Colorado. 

(8) ROCKY FLATS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the term ‘‘Rocky Flats’’ means the Rocky Flats Environmental Technology Site, Colorado, a defense nuclear 

facility, as depicted on the map titled ‘‘Rocky Flats Environmental Technology Site’’, dated October 22, 2001, and available for inspection in the appropriate offices of the United 

States Fish and Wildlife Service. 

(B) EXCLUSIONS.—The term ‘‘Rocky Flats’’ does not 

include— 

(i) the land and facilities of the Department of 

Energy’s National Renewable Energy Laboratory, 

including the acres retained by the Secretary under 

section 3174(f); and 

(ii) any land and facilities not within the boundaries depicted on the map referred to in subparagraph 

(A). 

(9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Energy. 

SEC. 3174. FUTURE OWNERSHIP AND MANAGEMENT. 

(a) FEDERAL OWNERSHIP.—Except as expressly provided in this 

subtitle, all right, title, and interest of the United States, held 

on or acquired after the date of the enactment of this Act, to 

land or interest therein, including minerals, within the boundaries 

of Rocky Flats shall be retained by the United States. 

(b) LINDSAY RANCH.—The structures that comprise the former 

Lindsay Ranch homestead site in the Rock Creek Reserve area 

of the buffer zone, as depicted on the map referred to in section 

3173(8)(A), shall be permanently preserved and maintained in 

accordance with the National Historic Preservation Act (16 U.S.C. 

470 et seq.). 

(c) PROHIBITION ON ANNEXATION.—Neither the Secretary nor 

the Secretary of the Interior shall allow the annexation of land 

within the refuge by any unit of local government. 

(d) PROHIBITION ON THROUGH ROADS.—Except as provided in 

subsection (e), no public road shall be constructed through Rocky 

Flats. 

(e) TRANSPORTATION RIGHT-OF-WAY.— 

(1) IN GENERAL.— 

115 STAT. 1382 PUBLIC LAW 107–107—DEC. 28, 2001
 

(A) AVAILABILITY OF LAND.—On submission of an 

application meeting each of the conditions specified in paragraph (2), the Secretary, in consultation with the Secretary 

of the Interior, shall make available land along the eastern 

boundary of Rocky Flats for the sole purpose of transportation improvements along Indiana Street. 

(B) BOUNDARIES.—Land made available under this 

paragraph may not extend more than 300 feet from the 

west edge of the Indiana Street right-of-way, as that rightof-way exists as of the date of the enactment of this Act. 

(C) EASEMENT OR SALE.—Land may be made available 

under this paragraph by easement or sale to one or more 

appropriate entities. 

(D) COMPLIANCE WITH APPLICABLE LAW.—Any action 

under this paragraph shall be taken in compliance with 

applicable law. 

(2) CONDITIONS.—An application referred to in paragraph 

(1) meets the conditions specified in this paragraph if the 

application— 

(A) is submitted by any county, city, or other political 

subdivision of the State of Colorado; and 

(B) includes documentation demonstrating that the 

transportation improvements for which the land is to be 

made available— 

(i) are carried out so as to minimize adverse effects 

on the management of Rocky Flats as a wildlife refuge; 

and 

(ii) are included in the regional transportation plan 

of the metropolitan planning organization designated 

for the Denver metropolitan area under section 5303 

of title 49, United States Code. 

(f) WIND TECHNOLOGY EXPANSION AREA.—The Secretary shall 

retain, for the use of the National Renewable Energy Laboratory, 

the approximately 25 acres identified on the map referred to in 

section 3173(8)(A) as the ‘‘Wind Technology Expansion Area’’. 

SEC. 3175. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER ROCKY FLATS. 

(a) TRANSFER REQUIRED.— 

(1) IN GENERAL.—Subject to the other provisions of this 

section, the Secretary shall transfer administrative jurisdiction 

over the property that is to comprise the refuge to the Secretary 

of the Interior. 

(2) DATE OF TRANSFER.—The transfer shall be carried out 

not earlier than the completion certification date, and not later 

than 30 business days after that date. 

(3) COMPLETION CERTIFICATION DATE.—For purposes of 

paragraph (2), the completion certification date is the date 

on which the Administrator of the Environmental Protection 

Agency certifies to the Secretary and to the Secretary of the 

Interior that cleanup and closure at Rocky Flats has been 

completed, except for the operation and maintenance associated 

with response actions, and that all response actions are operating properly and successfully. 

(b) MEMORANDUM OF UNDERSTANDING.— (1) REQUIRED ELEMENTS.—The transfer required by subsection (a) shall be carried out pursuant to a memorandum 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1383
 

of understanding between the Secretary and the Secretary of 

the Interior. The memorandum of understanding shall— (A) provide for the division of responsibilities between 

the Secretary and the Secretary of the Interior necessary 

to carry out such transfer; 

(B) address the impacts that any property rights 

referred to in section 3179(a) may have on the management 

of the refuge, and provide strategies for resolving or mitigating these impacts; 

(C) identify the land the administrative jurisdiction 

of which is to be transferred to the Secretary of the Interior; 

and 

(D) specify the allocation of the Federal costs incurred 

at the refuge after the date of such transfer for any site 

investigations, response actions, and related activities for 

covered substances. 

(2) PUBLICATION OF DRAFT.—Not later than one year after 

the date of the enactment of this Act, the Secretary and the 

Secretary of the Interior shall publish in the Federal Register 

a draft of the memorandum of understanding. 

(3) FINALIZATION AND IMPLEMENTATION.— 

(A) Not later than 18 months after the date of the 

enactment of this Act, the Secretary and Secretary of the 

Interior shall finalize and implement the memorandum 

of understanding. 

(B) In finalizing the memorandum of understanding, 

the Secretary and Secretary of the Interior shall specifically 

identify the land the administrative jurisdiction of which 

is to be transferred to the Secretary of the Interior and 

provide for a determination of the exact acreage and legal 

description of such land by a survey mutually satisfactory 

to the Secretary and the Secretary of the Interior. 

(c) TRANSFER OF IMPROVEMENTS.—The transfer required by 

subsection (a) may include such buildings or other improvements 

as the Secretary of the Interior has requested in writing for purposes of managing the refuge. 

(d) PROPERTY RETAINED FOR RESPONSE ACTIONS.— 

(1) IN GENERAL.—The transfer required by subsection (a) 

shall not include, and the Secretary shall retain jurisdiction, 

authority, and control over, the following real property and 

facilities at Rocky Flats: 

(A) Any engineered structure, including caps, barrier 

walls, and monitoring or treatment wells, to be used in 

carrying out a response action for covered substances. 

(B) Any real property or facility to be used for any 

other purpose relating to a response action or any other 

action that is required to be carried out by the Secretary 

at Rocky Flats. 

(2) CONSULTATION.—The Secretary shall consult with the 

Secretary of the Interior, the Administrator of the Environmental Protection Agency, and the Governor of the State of 

Colorado on the identification of all real property and facilities 

to be retained under this subsection. 

(e) COST.—The transfer required by subsection (a) shall be 

completed without cost to the Secretary of the Interior. 

(f) NO REDUCTION IN FUNDS.—The transfer required by subsection (a), and the memorandum of understanding required by 

115 STAT. 1384 PUBLIC LAW 107–107—DEC. 28, 2001
 

subsection (b), shall not result in any reduction in funds available 

to the Secretary for cleanup and closure of Rocky Flats. 

SEC. 3176. ADMINISTRATION OF RETAINED PROPERTY; CONTINUATION OF CLEANUP AND CLOSURE. 

(a) ADMINISTRATION OF RETAINED PROPERTY.— 

(1) IN GENERAL.—In administering the property retained 

under section 3175(d), the Secretary shall consult with the 

Secretary of the Interior to minimize any conflict between— 

(A) the administration by the Secretary of such property for a purpose relating to a response action; and 

(B) the administration by the Secretary of the Interior 

of land the administrative jurisdiction of which is transferred under section 3175(a). 

(2) PRIORITY IN CASE OF CONFLICT.—In the case of any 

such conflict, the Secretary and the Secretary of the Interior 

shall ensure that the administration for a purpose relating 

to a response action, as described in paragraph (1)(A), shall 

take priority. 

(3) ACCESS.—The Secretary of the Interior shall provide 

to the Secretary such access and cooperation with respect to 

the refuge as the Secretary requires to carry out operation 

and maintenance, future response actions, natural resources 

restoration, or any other obligations. 

(b) ONGOING CLEANUP AND CLOSURE.— 

(1) IN GENERAL.—The Secretary shall carry out to completion cleanup and closure at Rocky Flats. 

(2) CLEANUP LEVELS.—The Secretary shall carry out such 

cleanup and closure to the levels established for soil, water, 

and other media, following a thorough review by the parties 

to the RFCA and the public (including the United States Fish 

and Wildlife Service and other interested government agencies) 

of the appropriateness of the interim levels in the RFCA. 

(3) NO RESTRICTION ON USE OF NEW TECHNOLOGIES.— 

Nothing in this subtitle, and no action taken under this subtitle, 

restricts the Secretary from using at Rocky Flats any new 

technology that may become available for remediation of 

contamination. 

(c) OPPORTUNITY TO COMMENT.—The Secretary of the Interior 

shall have the opportunity to comment with respect to any proposed 

response action as to the impacts, if any, of such proposed response 

action on the refuge. 

(d) RULES OF CONSTRUCTION.— 

(1) NO RELIEF FROM OBLIGATIONS UNDER OTHER LAW.— 

Nothing in this subtitle, and no action taken under this 

subtitle— 

(A) relieves the Secretary, the Administrator of the 

Environmental Protection Agency, the Secretary of the 

Interior, or any other person from any obligation or other 

liability with respect to Rocky Flats under the RFCA or 

any Federal or State law; 

(B) impairs or alters any provision of the RFCA; or 

(C) alters any authority of the Administrator of the 

Environmental Protection Agency under section 120(e) of 

CERCLA (42 U.S.C. 9620(e)), or any authority of the State 

of Colorado. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1385
 

(2) CLEANUP LEVELS.—Nothing in this subtitle shall reduce
 

the level of cleanup and closure at Rocky Flats required under
 

the RFCA or any Federal or State law.
 

(3) PAYMENT OF RESPONSE ACTION COSTS.—Nothing in this
 

subtitle affects the obligation of a Federal department or agency
 

that had or has operations at Rocky Flats resulting in the
 

release or threatened release of a covered substance to pay
 

the costs of response actions carried out to abate the release
 

of, or clean up, the covered substance.
 

SEC. 3177. ROCKY FLATS NATIONAL WILDLIFE REFUGE. 

(a) IN GENERAL.—On completion of the transfer required by 

section 3175(a), and subject to section 3176(a), the Secretary of 

the Interior shall commence administration of the real property 

comprising the refuge in accordance with this subtitle. 

(b) ESTABLISHMENT OF REFUGE.—Not later than 30 days after 

the transfer required by section 3175(a), the Secretary of the 

Interior shall establish at Rocky Flats a national wildlife refuge 

to be known as the Rocky Flats National Wildlife Refuge. 

(c) COMPOSITION.—The refuge shall be comprised of the property the administrative jurisdiction of which was transferred as 

required by section 3175(a). 

(d) NOTICE.—The Secretary of the Interior shall publish in 

the Federal Register a notice of the establishment of the refuge. 

(e) ADMINISTRATION AND PURPOSES.— (1) IN GENERAL.—The Secretary of the Interior shall manage the refuge in accordance with applicable law, including
 

this subtitle, the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), and the purposes
 

specified in that Act.
 

(2) REFUGE PURPOSES.—The refuge shall be managed for
 

the purposes of—
 (A) restoring and preserving native ecosystems; 

(B) providing habitat for, and population management 

of, native plants and migratory and resident wildlife; 

(C) conserving threatened and endangered species 

(including species that are candidates for listing under 

the Endangered Species Act of 1973 (16 U.S.C. 1531 et 

seq.)); and 

(D) providing opportunities for compatible scientific 

research. 

(3) MANAGEMENT.—In managing the refuge, the Secretary
 

of the Interior shall—
 (A) ensure that wildlife-dependent recreation and 

environmental education and interpretation are the priority 

public uses of the refuge; and 

(B) comply with all response actions. 

SEC. 3178. COMPREHENSIVE PLANNING PROCESS. 

(a) IN GENERAL.—Not later than 180 days after the date of Deadline. 

the enactment of this Act, in developing a comprehensive conservation plan for the refuge in accordance with section 4(e) of the 

National Wildlife Refuge System Administration Act of 1966 (16 

U.S.C. 668dd(e)), the Secretary of the Interior shall establish a 

comprehensive planning process that involves the public and local 

communities. The Secretary of the Interior shall establish such 

process in consultation with the Secretary, the members of the 

Coalition, the Governor of the State of Colorado, and the Federal 

115 STAT. 1386 PUBLIC LAW 107–107—DEC. 28, 2001
 

and State of Colorado officials who have been designated as trustees 

for Rocky Flats under section 107(f)(2) of CERCLA (42 U.S.C. 

9607(f)(2)). 

(b) OTHER PARTICIPANTS.—In addition to the entities specified 

in subsection (a), the comprehensive planning process required by 

subsection (a) shall include the opportunity for direct involvement 

of entities that are not members of the Coalition as of the date 

of the enactment of this Act, including the Rocky Flats Citizens’ 

Advisory Board and the cities of Thornton, Northglenn, Golden, 

Louisville, and Lafayette, Colorado. 

(c) DISSOLUTION OF COALITION.—If the Coalition dissolves, or 

if any Coalition member elects to leave the Coalition during the 

comprehensive planning process required by subsection (a)— 

(1) such comprehensive planning process shall continue; 

and 

(2) an opportunity shall be provided to each entity that 

is a member of the Coalition as of September 1, 2000, for 

direct involvement in such comprehensive planning process. 

(d) CONTENTS.—In addition to the requirements of section 4(e) 

of the National Wildlife Refuge System Administration Act of 1966 

(16 U.S.C. 668dd(e)), the comprehensive conservation plan referred 

to in subsection (a) shall address and make recommendations on 

the following: 

(1) The identification of any land referred to in subsection 

(e) of section 3174 that could be made available under that 

subsection. 

(2) The characteristics and configuration of any perimeter 

fencing that may be appropriate or compatible for cleanup 

and closure purposes, refuge purposes, or other purposes. 

(3) The feasibility of locating, and the potential location 

for, a visitor and education center at the refuge. 

(4) Any other issues relating to Rocky Flats. 

(e) COALITION DEFINED.—In this section, the term ‘‘Coalition’’ 

means the Rocky Flats Coalition of Local Governments established 

by the Intergovernmental Agreement, dated February 16, 1999, 

among— 

(1) the city of Arvada, Colorado; 

(2) the city of Boulder, Colorado; 

(3) the city of Broomfield, Colorado; 

(4) the city of Westminster, Colorado; 

(5) the town of Superior, Colorado; 

(6) Boulder County, Colorado; and 

(7) Jefferson County, Colorado. 

Deadline.	 (f) REPORT.—Not later than three years after the date of the 

enactment of this Act, the Secretary of the Interior shall submit 

to Congress— 

(1) the comprehensive conservation plan referred to in subsection (a); and 

(2) a report that contains— 

(A) an outline of the involvement of the public and 

local communities in the comprehensive planning process, 

as required by subsection (a); 

(B) to the extent that any input or recommendation 

from the comprehensive planning process is not accepted, 

a clear statement of the reasons why such input or recommendation is not accepted; and 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1387
 

(C) a discussion of the impacts of any property rights 

referred to in section 3179(a) on management of the refuge, 

and an identification of strategies for resolving and mitigating these impacts. 

SEC. 3179. PROPERTY RIGHTS. 

(a) IN GENERAL.—Except as provided in subsections (c) and 

(d), nothing in this subtitle limits any valid, existing property 

right at Rocky Flats that is owned by any person or entity, 

including, but not limited to— (1) any mineral right; 

(2) any water right or related easement; and 

(3) any facility or right-of-way for a utility. 

(b) ACCESS.—Except as provided in subsection (c), nothing in 

this subtitle affects any right of an owner of a property right 

referred to in subsection (a) to access the owner’s property. 

(c) REASONABLE CONDITIONS.— 

(1) IN GENERAL.—The Secretary or the Secretary of the 

Interior may impose such reasonable conditions on access to 

property rights referred to in subsection (a) as are appropriate 

for the cleanup and closure of Rocky Flats and for the management of the refuge. 

(2) NO EFFECT ON OTHER LAW.—Nothing in this subtitle 

affects any Federal, State, or local law (including any regulation) relating to the use, development, and management of 

property rights referred to in subsection (a). 

(3) NO EFFECT ON ACCESS RIGHTS.—Nothing in this subsection precludes the exercise of any access right, in existence 

on the date of the enactment of this Act, that is necessary 

to perfect or maintain a water right in existence on that date. 

(d) UTILITY EXTENSION.— 

(1) IN GENERAL.—The Secretary or the Secretary of the 

Interior may allow not more than one extension from an 

existing utility right-of-way on Rocky Flats, if necessary. 

(2) CONDITIONS.—An extension under paragraph (1) shall 

be subject to the conditions specified in subsection (c). 

(e) EASEMENT SURVEYS.—Subject to subsection (c), until the 

date that is 180 days after the date of the enactment of this 

Act, an entity that possesses a decreed water right or prescriptive 

easement relating to land at Rocky Flats may carry out such surveys 

at Rocky Flats as the entity determines are necessary to perfect 

the right or easement. 

SEC. 3180. LIABILITIES AND OTHER OBLIGATIONS. 

(a) IN GENERAL.—Nothing in this subtitle shall relieve, and 

no action may be taken under this subtitle to relieve, the Secretary, 

the Secretary of the Interior, or any other person from any liability 

or other obligation at Rocky Flats under CERCLA, RCRA, or any 

other Federal or State law. 

(b) COST RECOVERY, CONTRIBUTION, AND OTHER ACTION.— 

Nothing in this subtitle is intended to prevent the United States 

from bringing a cost recovery, contribution, or other action that 

would otherwise be available under Federal or State law. 

SEC. 3181. ROCKY FLATS MUSEUM. 

(a) MUSEUM.—To commemorate the contribution that Rocky 

Flats and its worker force provided to winning the Cold War and 

115 STAT. 1388 PUBLIC LAW 107–107—DEC. 28, 2001
 

the impact that such contribution has had on the nearby communities and the State of Colorado, the Secretary may establish a 

Rocky Flats Museum. 

(b) LOCATION.—The Rocky Flats Museum shall be located in 

the city of Arvada, Colorado, unless, after consultation under subsection (c), the Secretary determines otherwise. 

(c) CONSULTATION.—The Secretary shall consult with the city 

of Arvada, other local communities, and the Colorado State Historical Society on— (1) the development of the museum; 

(2) the siting of the museum; and 

(3) any other issues relating to the development and 

construction of the museum. 

(d) REPORT.—Not later than three years after the date of the 

enactment of this Act, the Secretary, in coordination with the city 

of Arvada, shall submit to Congress a report on the costs associated 

with the construction of the museum and any other issues relating 

to the development and construction of the museum. 

SEC. 3182. ANNUAL REPORT ON FUNDING. 

For each of fiscal years 2003 through 2007, at the time of 

submission of the budget of the President under section 1105(a) 

of title 31, United States Code, for such fiscal year, the Secretary 

and the Secretary of the Interior shall jointly submit to Congress 

a report on the costs of implementation of this subtitle. The report 

shall include— 

(1) the costs incurred by each Secretary in implementing 

this subtitle during the preceding fiscal year; and 

(2) the funds required by each Secretary to implement 

this subtitle during the current and subsequent fiscal years. 

TITLE XXXII—DEFENSE NUCLEAR 

FACILITIES SAFETY BOARD 

Sec. 3201. Authorization. 

SEC. 3201. AUTHORIZATION. 

There are authorized to be appropriated for fiscal year 2002, $18,500,000 for the operation of the Defense Nuclear Facilities 

Safety Board under chapter 21 of the Atomic Energy Act of 1954 

(42 U.S.C. 2286 et seq.). 

TITLE XXXIII—NATIONAL DEFENSE 

STOCKPILE 

Sec. 3301. Definitions.
 

Sec. 3302. Authorized uses of stockpile funds.
 

Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile.
 

Sec. 3304. Revision of limitations on required disposals of certain materials in National Defense Stockpile. 

Sec. 3305. Acceleration of required disposal of cobalt in National Defense Stockpile. 

Sec. 3306. Restriction on disposal of manganese ferro. 

50 USC 98d note. SEC. 3301. DEFINITIONS. 

In this title: 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1389
 

(1) The term ‘‘National Defense Stockpile’’ means the stockpile provided for in section 4 of the Strategic and Critical
 

Materials Stock Piling Act (50 U.S.C. 98c).
 

(2) The term ‘‘National Defense Stockpile Transaction
 

Fund’’ means the fund established under section 9(a) of the
 

Strategic and Critical Materials Stock Piling Act (50 U.S.C.
 

98h(a)).
 

(3) The term ‘‘Market Impact Committee’’ means the
 

Market Impact Committee appointed under section 10(c) of
 

the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
 

98h–1(c)).
 

SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS. 

(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 2002, 

the National Defense Stockpile Manager may obligate up to 

$65,200,000 of the funds in the National Defense Stockpile Transaction Fund for the authorized uses of such funds under section 

9(b)(2) of the Strategic and Critical Materials Stock Piling Act 

(50 U.S.C. 98h(b)(2)), including the disposal of hazardous materials 

that are environmentally sensitive. 

(b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile 

Manager may obligate amounts in excess of the amount specified 

in subsection (a) if the National Defense Stockpile Manager notifies 

Congress that extraordinary or emergency conditions necessitate 

the additional obligations. The National Defense Stockpile Manager 

may make the additional obligations described in the notification 

after the end of the 45-day period beginning on the date on which 

Congress receives the notification. 

(c) LIMITATIONS.—The authorities provided by this section shall 

be subject to such limitations as may be provided in appropriations 

Acts. 

SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN 50 USC 98d note. 

NATIONAL DEFENSE STOCKPILE. 

(a) DISPOSAL AUTHORIZED.—Subject to the conditions specified 

in subsection (b), the President may dispose of obsolete and excess 

materials contained in the National Defense Stockpile. The materials subject to disposal under this subsection and the quantity 

of each material authorized to be disposed of by the President 

are set forth in the following table: 

Authorized Stockpile Disposals 

Material for disposal Quantity 

Bauxite ................................................................................ 40,000 short tons
 

Chromium Metal ................................................................. 3,512 short tons
 

Iridium ................................................................................. 25,140 troy ounces
 

Jewel Bearings .................................................................... 30,273,221 pieces
 

Manganese Ferro HC ......................................................... 209,074 short tons
 

Palladium ............................................................................ 11 troy ounces
 

Quartz Crystal .................................................................... 216,648 pounds
 

Tantalum Metal Ingot ........................................................ 120,228 pounds contained
 

Tantalum Metal Powder .................................................... 36,020 pounds contained
 

Thorium Nitrate ................................................................. 600,000 pounds.
 

(b) MINIMIZATION OF DISRUPTION AND LOSS.—The President 

may not dispose of materials under subsection (a) to the extent 

that the disposal will result in— 

115 STAT. 1390 PUBLIC LAW 107–107—DEC. 28, 2001
 

(1) undue disruption of the usual markets of producers, 

processors, and consumers of the materials proposed for disposal; or 

(2) avoidable loss to the United States. 

(c) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The disposal authority provided in subsection (a) is new disposal authority 

and is in addition to, and shall not affect, any other disposal 

authority provided by law regarding the materials specified in such 

subsection. 

SEC. 3304. REVISION OF LIMITATIONS ON REQUIRED DISPOSALS OF 

CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE. 

(a) PUBLIC LAW 105–261.—Section 3303 of the Strom Thurmond 

National Defense Authorization Act for Fiscal Year 1999 (Public 

Law 105–261; 50 U.S.C. 98d note) is amended— (1) in subsection (a)— (A) by striking ‘‘the amount of—’’ and inserting ‘‘total 

amounts not less than—’’; 

(B) by striking ‘‘and’’ at the end of paragraph (3); 

and 

(C) by striking paragraph (4) and inserting the following new paragraphs: 

‘‘(4) $760,000,000 by the end of fiscal year 2005; and 

‘‘(5) $770,000,000 by the end of fiscal year 2011.’’; and 

(2) in subsection (b)(2), by striking ‘‘receipts in the amounts 

specified in subsection (a)’’ and inserting ‘‘receipts in the total 

amount specified in subsection (a)(5)’’. 

(b) PUBLIC LAW 105–85.—Section 3305 of the National Defense 

Authorization Act for Fiscal Year 1998 (Public Law 105–85; 50 

U.S.C. 98d note) is amended— 

(1) in subsection (a), by striking ‘‘amounts equal to—’’ and 

inserting ‘‘total amounts not less than—’’; and 

(2) in subsection (b), by striking paragraph (2) and inserting 

the following new paragraph: 

‘‘(2) The President may not dispose of cobalt under this section 

in fiscal year 2006 in excess of the disposals necessary to result 

in receipts during that fiscal year in the total amount specified 

in subsection (a)(5).’’. 

(c) PUBLIC LAW 104–201.—Section 3303 of the National Defense 

Authorization Act for Fiscal Year 1997 (Public Law 104–201; 50 

U.S.C. 98d note) is amended— 

(1) in subsection (a), by striking ‘‘amounts equal to—’’ and 

inserting ‘‘total amounts not less than—’’; and 

(2) in subsection (b), by striking paragraph (2) and inserting 

the following new paragraph: 

‘‘(2) The President may not dispose of materials under this 

section during the 10-fiscal year period referred to in subsection 

(a)(2) in excess of the disposals necessary to result in receipts 

during that period in the total amount specified in such subsection.’’. 

SEC. 3305. ACCELERATION OF REQUIRED DISPOSAL OF COBALT IN 

NATIONAL DEFENSE STOCKPILE. 

Section 3305(a) of the National Defense Authorization Act for 

Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d note), as 

amended by section 3304(b) of this Act, is amended— 

(1) in paragraph (1), by striking ‘‘2003’’ and inserting 

‘‘2002’’; 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1391
 

(2) in paragraph (2), by striking ‘‘2004’’ and inserting
 ‘‘2003’’;
 

(3) in paragraph (3), by striking ‘‘2005’’ and inserting
 ‘‘2004’’;
 

(4) in paragraph (4), by striking ‘‘2006’’ and inserting
 ‘‘2005’’; and
 

(5) in paragraph (5), by striking ‘‘2007’’ and inserting
 ‘‘2006’’.
 

SEC. 3306. RESTRICTION ON DISPOSAL OF MANGANESE FERRO. 

(a) TEMPORARY QUANTITY RESTRICTIONS.—During fiscal years 50 USC 98d note. 

2002 through 2005, the disposal of manganese ferro in the National 

Defense Stockpile may not exceed the following quantities: 

(1) During fiscal year 2002, 25,000 short tons of all grades
 

of manganese ferro.
 

(2) During fiscal year 2003, 25,000 short tons of high carbon
 

manganese ferro of the highest grade.
 

(3) During each of the fiscal years 2004 and 2005, 50,000
 

short tons of high carbon manganese ferro of the highest grade.
 

(b) CONFORMING AMENDMENT.—Section 3304 of the National 

Defense Authorization Act for Fiscal Year 1996 (Public Law 104– 106; 110 Stat. 629) is repealed. 

TITLE XXXIV—NAVAL PETROLEUM
 

RESERVES
 

Sec. 3401. Authorization of appropriations. 

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS. 

(a) AMOUNT.—There are hereby authorized to be appropriated to the Secretary of Energy $17,371,000 for fiscal year 2002 for 

the purpose of carrying out activities under chapter 641 of title 

10, United States Code, relating to the naval petroleum reserves. 

(b) PERIOD OF AVAILABILITY.—Funds appropriated pursuant to 

the authorization of appropriations in subsection (a) shall remain 

available until expended. 

TITLE XXXV—MARITIME
 

ADMINISTRATION
 

Sec. 3501. Authorization of appropriations for fiscal year 2002.

Sec. 3502. Define ‘‘war risks’’ to vessels to include confiscation, expropriation, nationalization, and deprivation of the vessels. Sec. 3503. Holding obligor’s cash as collateral under title XI of Merchant Marine 

Act, 1936. 

SEC. 3501. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR 

2002. 

Funds are hereby authorized to be appropriated for fiscal year 

2002, to be available without fiscal year limitation if so provided 

in appropriations Acts, for the use of the Department of Transportation for the Maritime Administration as follows: 

(1) For expenses necessary for operations and training
 

activities, $89,054,000.
 

(2) For expenses under the loan guarantee program authorized by title XI of the Merchant Marine Act, 1936 (46 App.
 

U.S.C. 1271 et seq.), $103,978,000, of which— 

115 STAT. 1392 PUBLIC LAW 107–107—DEC. 28, 2001
 

(A) $100,000,000 is for the cost (as defined in section 

502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 

661a(5))) of loan guarantees under the program; and 

(B) $3,978,000 is for administrative expenses related 

to loan guarantee commitments under the program. 

(3) For expenses to dispose of obsolete vessels in the 

National Defense Reserve Fleet, $10,000,000. 

SEC. 3502. DEFINE ‘‘WAR RISKS’’ TO VESSELS TO INCLUDE CONFISCATION, EXPROPRIATION, NATIONALIZATION, AND DEPRIVATION OF THE VESSELS. 

Section 1201(c) of the Merchant Marine Act, 1936 (46 App. 

U.S.C. 1281(c)) is amended to read as follows: 

‘‘(c) The term ‘war risks’ includes to such extent as the Secretary 

may determine— 

‘‘(1) all or any part of any loss that is excluded from 

marine insurance coverage under a ‘free of capture or seizure’ 

clause, or under analogous clauses; and 

‘‘(2) other losses from hostile acts, including confiscation, 

expropriation, nationalization, or deprivation.’’. 

SEC. 3503. HOLDING OBLIGOR’S CASH AS COLLATERAL UNDER TITLE 

XI OF MERCHANT MARINE ACT, 1936. 

Title XI of the Merchant Marine Act, 1936 (46 App. U.S.C. 

1271 et seq.) is amended by inserting after section 1108 the following: 

46 USC app. ‘‘SEC. 1109. DEPOSIT FUND. 

1279b. ‘‘(a) ESTABLISHMENT OF DEPOSIT FUND.—There is established 

in the Treasury a deposit fund for purposes of this section. The 

Secretary may, in accordance with an agreement under subsection 

(b), deposit into and hold in the deposit fund cash belonging to 

an obligor to serve as collateral for a guarantee under this title 

made with respect to the obligor. 

‘‘(b) AGREEMENT.— 

‘‘(1) IN GENERAL.—The Secretary and an obligor shall enter 

into a reserve fund or other collateral account agreement to 

govern the deposit, withdrawal, retention, use, and reinvestment of cash of the obligor held in the deposit fund established 

by subsection (a). 

‘‘(2) TERMS.—The agreement shall contain such terms and 

conditions as are required under this section and such additional terms as are considered by the Secretary to be necessary 

to protect fully the interests of the United States. 

‘‘(3) SECURITY INTEREST OF UNITED STATES.—The agreement 

shall include terms that grant to the United States a security 

interest in all amounts deposited into the deposit fund. 

‘‘(c) INVESTMENT.—The Secretary may invest and reinvest any 

part of the amounts in the deposit fund established by subsection 

(a) in obligations of the United States with such maturities as 

ensure that amounts in the deposit fund will be available as 

required for purposes of agreements under subsection (b). Cash 

balances of the deposit fund in excess of current requirements 

shall be maintained in a form of uninvested funds and the Secretary 

of the Treasury shall pay interest on these funds. 

‘‘(d) WITHDRAWALS.— 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1393
 

‘‘(1) IN GENERAL.—The cash deposited into the deposit fund 

established by subsection (a) may not be withdrawn without 

the consent of the Secretary. ‘‘(2) USE OF INCOME.—Subject to paragraph (3), the Secretary may pay any income earned on cash of an obligor deposited into the deposit fund in accordance with the terms of 

the agreement with the obligor under subsection (b). ‘‘(3) RETENTION AGAINST DEFAULT.—The Secretary may 

retain and offset any or all of the cash of an obligor in the 

deposit fund, and any income realized thereon, as part of the 

Secretary’s recovery against the obligor in case of a default 

by the obligor on an obligation.’’. 

Approved December 28, 2001. 

LEGISLATIVE HISTORY—S. 1438 (H.R. 2586): 

HOUSE REPORTS: Nos. 107–194 accompanying H.R. 2586 (Comm. on Armed Services) and 107–333 (Comm. of Conference). 

CONGRESSIONAL RECORD, Vol. 147 (2001): 

Sept. 21, 24–26, Oct. 1, 2, considered and passed Senate. 

Oct. 17, considered and passed House, amended, in lieu of H.R. 2586. 

Dec. 13, House and Senate agreed to conference report. 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 

Dec. 28, Presidential statement. 

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115 STAT. 1394 PUBLIC LAW 107–107—DEC. 28, 2001
 

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 37 (2001): 

Dec. 28, Presidential statement. 

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